3 100 439 https://digital.lib.buffalo.edu/files/original/d29db2707f5088cab320d3dd04379e73.pdf 5155067c5c228536028b16d055238a19 PDF Text Text Vandalism is Increasing at Law School by Idelle Abrams Vandalism at the University of Buffalo has been a serious problem since the Amherst Campus opened. At one point vandals were responsible for up to $10,000 worth of damage a month in the Ellicott Complex. While figures like these are startling enough, the current spate of vandalism in the Law School, with its racist, sexist, and homophobic overtones, is even more disturbing. Two recent incidents occurred in classrooms on the first floor. In one, racial slurs were written on the desk in the front of the room. The other occurrence involved vandalism of a movie screen, on which racial comments had been written on the front and sexist comments . on the back. The administration responded quickly in both cases. The first instance was taken care of by alerting housekeeping, who scrubbed off the graffiti. The second incident was handled by retracting the movie screen and*disconnecting the switch, rendering the screen immobile until it can be replaced. In other instances, various forms of vandalism have been directed at the Gay Law Students Organization (GLSO). GLSO put up large banner posters publicizing their Open House earlier in the semester. By the next day, the sign in the mailroom had been torn down, the one outside the Law Library had been ripped in half and de- rogatory comments had been scrawled on the poster outside the Moot Court Room on the first floor. The same comments were also written on the sign on thedoor to the GLSO office. "It's demoralizing," said Brett Gilbert, president of the StudentBar Association and member of GLSO. "Lots of timewas spent making the signs." It is also upsetting to Gilbert that people are "trying to stop us from getting our message up." Actions like these also "make it scarier for the person in the closet," Gilbert said. Last year, in an incident also directed at GLSO, Eduardo Mejias, another member of GLSO, caught a lawstudent ripping down a GLSO sign. Mejias confronted the student and asked him to put the poster back. The student, who was with his friends, laughed, taking it as a joke, but "turned colors" and apologized profusely when he realized Mejias was serious. As a result of this experience, Mejias believes that anyone who sees something like this happening "should take the initiative. What started out as a joke turned outto be a very embarrassing situation" for this student. Mejias' experience of actually catching someone while they're vandalizing property is unusual. Vandalism is generally done when there are no witnesses and it's difficult to discover later on who is responsi- ble. This also makes it difficult for the administration to respond. "You can't tell who did it based on the graffiti," said Aundra Newell, Assistant Dean for Student Affairs. "If you could identify the people," Dean Wade Newhouse said, "then you could do something. But without that, there's no way to solve the problem. I deplore that it happens but don't know what the administration can do about it." It is also impossible to say that law students are the only ones responsible for the vandalism. "The graffiti has evidenced itself here (in the Law School), but we don't know who did it," Newell said. "You have continued on page 14 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 27, No. 7 by Susan Clerc Study space in the Law Library will become even harder to find if proposed construction in the Undergraduate Library is approved, said Law Library Director Ellen Gibson. December 3, 1986 LLibarawyUGC CItnrcoorwedaiisngh Two hundred seats would be eliminated at UGL to make room for administrative offices for the newly-formed Under- graduate College. "We would anticipate that there would be more pressure not only on the Law Library but also the other libraries" on campus as students try to find new places to study, said Gibson. The recommendation to convert 20 percent of UGL's first floor into offices came from the UGC Space Study Committee's Final Report, written September 25. The committee was appointed by Vice Provost for Education Undergraduate James Bunn and chaired by Dennis Malone of the Engineering School. Using "a cost/benefit analy-1 sis," the committee chose the Will study space be a luxury? UGL site as the least intrusive alternative that met the criteria of immediate availability and a central position on the academic spine, "spinality" as the committee termed it. UGC's demand for immediate placement on the spine and the study committee's lack of definitive space requirements provoked letters of protest from individual faculty members and the Library Faculty Executive Committee. AsideJrom the claim of urgency and need for a central location, opponents of the proposal also point out that library space, due to special structural requirements, is extremely expensive and offices don't need the same features. Opponents also said that offices will become available in Talbert when the Student Association moves to the Student Activities Center. Final decision on whether to approve the plan has been postponed until December 5, and further study on where to put UGC offices will probably be recommended. The Faculty Se- Executive Committee heard several reports urging nate further study and will consider a formal proposal on another study when it meets again today. Chairman Claude Welch said that he was "absolutely confident thaV there will be a nent. study of space needs for UGC and equally confident that the terms of reference Ispace on the spine by fall 1987) will differ from thoseof the previouscommittee." Concerned with the impact on the Law Library if the takeover does go through, the Law School Library Committee discussed plans to cope with a flood of undergraduates and requested the SBA formulate "a strong response" to loss of library space. Speaking at the November 24 SBA meeting, Library Committee student representative Lisa continued on puge 14 Increased Competitiveness Marks Moot Court by Zulma A. Bodon Compared to last year, there were three major differences in this year's Moot Court Competition: 1) the number of participants; 2) the scoring; and, 3) the level of competitiveness and enthusiasm. The attrition rate was significantly higher this year. According to Robin Checkla, Moot Court Board Director, "probably 160 picked up the problem and only 94 people competed this year; last year 165 people picked up the problem and 124 competed." The fact that a smaller number of teams chose to compete made this year's competition more manageable. "I think (this year) was a little less hectic due to the fact that last year we had 62 teams (competing) and this year we had 47," said Moot Court Board member Paul Karp. When asked if the high droprate was due to the way the issues in the problem were divided, Checkla responded: out "People in the competition took it upon themselves to change the order in which the Court certified the questions. One partner was going to do issues 1 and 3, and another partner was going to do issues 2 and 4. So we put out a memo a couple of weeks into the problem (explaining) that one partner had to address questions 1 and 2, and one partner had to address questions 3 and 4." This order, she maintained, was necessary for three reasons. First, because that was the order in which the questions were certified. Second, it preserved the intended flow of the arguments. Third, and more importantly, it prevented certain issues from overlapping. "There were two issues that tended to overlap and if one partner did both there was a tendency-to totally ignore one issue. We did not want that to happen," said Checkla. She further explained that even though two issues could overlap, they were very distinct and thus people were expected to see that. "This caused a minor furor because a lot of people had broken the problem as 1 and 3, and, 2 and 4," said Checkla. But according to Karp, even though this misun- derstanding caused bad feeling among some participants, the high attrition cannot be attributed to the way in which the issues were arranged. A second major difference in this year's competition was the scoring. The Board, recognizing that there were a lot of problems in the way the scores were calculated last year, decided to implement a new computerized system to help with the rankings and the scorings. This allowed them to prevent many of the mistakes committed last year. Moot Court Competitor Camille Wicher Checkla explained that "there were a lot of screw-ups with the scoring, very serious screw-ups (last year) to the point of requiring a couple of teams to argue an extra round when in fact they did not have to." This, she said, happened because last year's scoring committee did not pay close enough attention to this aspect of the competition. But more importantly, the use of gave this year's committee an obvious advantage. Fortunately, this new system of scoring and ranking will become a permanent component in the operation of future computers competitions. Members the Board continued onpage 5 of Inside... Dean Search . ...... Law Day More Moot Court Reasonableman 2 2 4,5 .... 9 Pursuing a Public Int. Job .11 �The Dean Search Is Finally Getting Underway by Krista Hughes After the initial delays in its formation, the Dean Search Committee has gotten its bearings and is now working at finding a new dean for the Law widely-read periodicals such as the New York Times. The statement will essentially announce School. According to student representatives Jim Hayden and Kyle Maldiner, the Committee is composed of success-oriented people who are dedicated to finding a good dean. The present Committee does not seem hampered by the failure of the last Dean Search. Instead, there is a feeling that they can, and will, learn from past mistakes and simply plunge forward. It is Jim Hayden's feeling that there is only so much that one can learn from the past: "I have a tendency to just do it," rather than dwell on what others have done. One reason for the general feeling of optimism is that the Committee has decided to mine some non-traditional sources in searching for dean candidates. Rather than looking only for Law School administrators, the Committee will also consider such individuals as current practitioners or those working in government. Presently the Committee is formulating a position statement which will be published in various law journals and to find someone non-traditional [to be dean|." Both Hayden and Maldiner see student input as very necessary to the Dean Search process. Already they have sought student comments through the use of a survey, which was distri- buted to all mailboxes. While only 70 people Jim Hayden that there is an opening for a dean and indicate the qualities sought. According to Hayden, the journals and newspapers are "not a really significant forum, but they are a way to get publicized." Probably the primary method of recruitment will be through faculty contacts. In formulating its position statement the Committee has made a concerted effort not to be specific. This is an attempt to open the search to as many different kinds of people as possible. The Committee is not listing specific "requirements" that each potential candidate must fulfill, but is rather listing "preferences." They are not even requiring a law degree. According to Kyle Maldiner, "Because the (Law) School is non-traditional, we'd be willing responded, some central concerns and ideas did arise. The first question on the survey asked what are the top two or three priorities to which a dean should devote his or her attention. The most frequent answer was that a dean should concentrate on improving the reputation of UB Law School so that it is better able to attract the best students and faculty. How- ever, Maldiner remarked that no one suggested how a dean might do this. The other concern which was seen as a top priority to students was curriculum the improving course selection so that there is a wider diversity. Many stu- — dents added that it would be important to maintain an open academic leadership and strength of character, students also want a dean who is accessible, warm towards students, and sensitive to their needs as people. The last question on the survey asked what kind of background students thought a dean should have. This ques- environment and continue with the "Buffalo Model." Second on the survey was a question as to the qualities and characteristics which students thought were important in a aggressive dean. Besides Kyle Maldiner tion produced the widest diversity of answers. A strong academic background was the most frequently mentioned, but students also wanted to see someone with experience in practice, business or administration. Only two students suggested that the next dean should be or have been the dean of another law school. The survey was conducted solely upon the initiative ofMaldiner and Hayden, and their fellow Committee members were not even aware that one had been conducted until quite recently. Some members were apparently concerned that such a survey would essentially serve to narrow down the po- tential set of candidates. However, that was never intended; the survey was more a way to find out what students are thinking, and it "just shows that students want a focus for the school." Because student input is so important, and because Maldiner and Hayden are representing student concerns on the Committee, they will be coming back when the Dean Search is farther along to get more student feedback. Once the Committee's position statement has been published the Committee will start generating lists of potential candidates and will start contacting, people who may want to interview here. Probably the earliest any candidates will begin coming to the Law School would be February or March. The Committee is planning on meeting every Thursday, even over the semester break, until it is no longer necessary to meet so often. Maldiner notes that, despite the variety of concerns represented by each of the members of the Committee, a good working relationship has developed, and despite the failure of the last dean search, there is a feeling of genuine optimism that a good dean will be found. Law Day Explores Law in the 21st Century But the essence of his mes- by Zulma A. Bodon "Lift every voice and sing" was Professor Kelly Parker's response to the theme of this "Law and the year's Law Day 21st Century: Making the Differ- — ence." Law Day was sponsored by the Black Law Students Association (BLSA) on Saturday, November 8 at UB Law School. sage is that there is a need for collective action based-on an agenda supporting some kind of people's movement. "There is a way that you can lift all of your voices: having an agenda. Once you have an agenda, the folks will be out there with you because they know where their interests lie," Parkerconcluded. not the only vehicle through which changes can be achieved. The human element is, and must be, an integral part. In his words, "The simple existence of law is not enough, people make differences and law is but an instrument that people may use to make good, but also bad, differences." Whether these differences turn out to be good or bad will depend on "the wisdom and the choices that you make, and your ability to transcend the Dean Wade Newhouse The purpose of Law Day, said BLSA President Gregg Jackson, "is to attract minorities into the legal profession in general, and to UB in particular." Parker is a professor of law at Columbia Law School and a political activist. His keynote address centered around Black music as a form of unwritten, In his welcoming remarks, Newhouse addressed the theme of the day by asking: "Can law make the difference? Has law made the differencefor Black people and Dean Wade otherminorities in this nation?" In addressing these two questions, he recounted history during the span of his adult life as a law professor in order to respoken law: "If you read those mind us of the changes in our songs, you get one kind of messociety brought by Brown v. sage. I read them as constitutional text, constitutional law." Board of Education 11. Brown, Newhouse said, did Songs written by slaves, said Parker, constitute African legal make a change, yet there is so much remaining that should be history and thus it is in that history that all the answers are to changed. Racism is still depresbe found in the 21st Century. singly pervasive in our soci"We have to, in the 21st cenety." But the expressed optury, develop a tradition of timism about the future in that lawyers who are consistent it is realistically possible "to with that long history and who think of new differences which will move us even furtherfrom are doing something to make the recent past." history instead of letting history make us." He also believes that law is The Opinion December 3, 1986 2 human conditions of greed, selfishness and intolerance toward others who are not different or who are different." He further stressed the importance of creating alliances: "Your salvation depends on working together, rising above racism." Assistant Dean Aundra Newell spoke on the Buffalo Model and on the admissions process. She gave a "Reader's Digest version" of the Buffalo Model which she described as a comprehensive approach to legal studies, one which focuses "not only on legal rules, but also on the social, political and intellectual context in which those rules operate." The first morning panel was composed of three UB law professors: Charles Carr, Judy Scales-Trent and Jack Hyman. Although Hyman recognized that the law is not going to change the character of our society, he agreed with Dean Newhouse that it is still possible for the law to make some difference. More importantly, Hyman stressed the need for more qualified minorities in the profession. "I think it is important that the number of competent minority lawyers be increased and the (Legal Methods) program we have at this school has been designed in order to make some contribution to that end." Professor Carr shared his optimistic views about what minorities can gain from the legal profession. "Law school should be an exciting possibility for you in the sense that I can think of no area of study that you can enter in where you will have more latitude in terms of what you might want to do." He further noted that although not everyone who finishes law school wants to practice law, "the education you get is so broad that it makes you a viable, marketable commodity to a lot of different enterprises and institutions. A second panel presented women in the legal profession. The panelists included Professor Isabel Marcus; Professor Denise Carty-Bennia from University; Northeastern She believes that the legal profession has not been responsive to women because "real responsiveness is obviously a real sharing of power, and in large measure there has been little or no real sharing of power in the legal profession." What this means is that women have been relegated to the service area of the legal profession. "We have branched out, but I think we still account for far more of the service area of the profession." As to what all this means for minority men, she explained that their options are just as restricted. "To the extent that the profession has not dealt with women in an appropriate egalitarian fashion, I think it is a reflection that it is unprepared to deal with anybody who does Assistant Aundra Newell Donna Humphrey, a recent UB graduate and staff attorney with Neighborhood Legal Services; and third year student Debra Gibbons. Professor Carty-Bennia opened the discussion by pointing out that although women represent one third of the law students enrolled in legal education, they are not equally represented in the marketplace. not look like the white male model." But the real problem, accord- ing to Carty-Bepnia, is that people of different races often look at one another as adversaries as opposed to supporting one another in finding better ways to use their alliances to get more access through the legal profession. "We have to vimrinuLxltm pnpe 14 �SEBESBBBHEBSBBBBBBHEBBSBBBSBSBBBBBBBB! 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Ronald Francis Carol Giarrizzo Nancy Holtby Fern Merenstein Elaine Pers David Brown Melanie Collins Celia Garelick Laura Green Rose-Anne Landau Pamela Neubeck Martha Post December 3.1986 The Opinion 3 �Many Merry "Mooters" Turn Out at Marriott as Moot Court Mania Ends by Dana Young The Desmond Moot Court Taryn Chapman Tom Theophilos Nancy Dean Competition ended Saturday, November 15, with a gala dinner event held at the Marriott Inn in Amherst. Attendees included participants in the competition, those who organized and ran the competition, and those who volunteered their time to clerk. All were scrupulously attired. In vogue for the evening were moussed-up hair for the men and nouveau-riche outfitsfor the women, not the least understated of which was a Alfraretoridini black and white, bold-striped zebra suit. Cocktails were served before dinner at a cash bar (distinctively gauche). Dinner itself was free. The entree was none other than chicken almondine with rice pilaf and french cut string beans. A fluffy, strawberry cheesecake, was served for dessert. Following dinner, the elaborate awards ceremony commenced with her Grand Moot Court Poobahness, Robin Checkla, presiding. Shots of vodka and lime juice were ritually lined up in front of the Poobahness and her cohorts. Toasts were made with each award winner able to traverse the red carpeted maze to the Grandstand and accept the revered, temporarily blank, paper certificate. Down went the shots! Most festive became those who presented the awards! There were five awards for best oralist, five awards for best brief, and eight awards for those who made quarters, semis, and finals. When it was \ , over, the Grand Poobahness and comrades were tipsy, but still un-turveyed. On to the entertainment! And what a show it was. A barbershop trio, Brian Martin, David Brown, and Brett Gilbert, dazzled the audience with their version of "making it" to the top. Memorable lines such as "law review law review; resume resume; interview interview; job job; 60K 60K" will surely haunt those who heard them. Next was a solo improvisation routine by the one and only chic, Mr. Mousse himself, David Brown. With an unending repetoire of faculty impersonations, Mr. Brown treated the audience to such favorites as Wade "School law" Newhouse; Schlegel "Shlegs" Schlegel; Mr. Paul Birzon; Lee "Uh, urn, Uh" Albert; and the infamous Spiegelman. Requests were welcomed. Janet "Contorts" Lindgren, Marjorie Girth, and Tom Theophilos & Leslie Lubell Donna Lanham & Mary Anne Oliver "Earth to" Steinfeld received memorable portrayal and recognition. Alas, tis a pity such evenings must end, but end they must. The crowd dispersed to the Marriott lounge where some happy-go-luckers decided to shake their booty to the beat of the booming, breakdance music. Others were content to continue working on the next day's hangover. In the words of some great philospher, "Its over." Not only did everyone survive Moot Court, but they survived damn well. A special "Thanks" to all of the Board members, and Mary Anne Courtney & John Goldsmith others who supported frantic participants emotionally and sometimes physically. Mary Casey & Susan Bernis Karen Depalma Susan Shoepperle & Julie Freudenheim Moot Court Participants Receive Honors at Banquet Moot Court Competition Winners Susan Schoepperle Julie Freudenheim Finalists John Christopher Mary Casey Susan Bernis Semifinalists Shelly Dropkin Dana Young Tom Theophilos Leslie Lubell Quarterfinalists Donna Lanham Mary Anne Oliver John Christopher Randy Fahs Bob Bogdan Karen Depalma Jane Conrad Kathleen Benesen Susan Shoepperle The Opinion December 3, 1986 4 Best Oralists 1. Taryn Chapman 2 Tom Theophilos & Nancy Dean (tie) 3. Karen Depalma 4. John Christopher 5. Susan Schoepperle Forrest Strauss & Dennis Hurley Best Briefs 1. Tom Theophilos & Leslie Lubell 2. Donna Lanham & Mary Anne Oliver 3. Mary Anne Courtney & John Goldsmith 4. Susan Bernis & Mary Casey and Forrest Strauss & Denis Hurley (tie) 5. John Manning & Danny Feurstein John Manning & Danny Feurstein �RecounCMCtsalndirklyC out haos by Shelley Rene Rice Hear ye, hear ye! - Moot Court can be a terrifying experience for the participants. I've heard "If it doesn't kill you, it will make you better." Sure, you're trying your darndest to persuade three obnoxious judges on the merits of a totally ridiculous case a case so against your client that you don't believe what you're saying. And all the while, the time — keeps ticking away. Here's where I played a part. As a clerk, I kept time —a very important job. I didn't want to cheat those frightened participants out of any time from the stream of bombarding questions. My other "important" duties included pouring water for the crazed participants and the egotistical esquires. The process seemed to go by quickly. When arguments were over, I asked the participants to leave the room while the judges scored them. When they were done, I used my "extensive" ac- counting background to tabu- late the final score. The poor participants paced nervously as they awaited the judges' com- ments. It really wasn't that bad. It - was an experience. I learned by observation thatit takes a lot to represent someone. You must know all the facts, issues and relevant case law, so much so, that you can refer the judge to a document or specific page. You must be slightly humble and patient, because if you are stopped in mid-sentence or mid-thought, you must listen attentively and then respond in- telligently and succinctly. Aware of the fear and all, I am nevertheless anxious to try Moot Court next year. I wonder if I'll keep my composure under the lineof direct questioning as well as the participants I observed. It takes a lot of self-reliance and work to prepare for Moot Court, and all the participants should be commended for their efforts. Susan Bernis & Mary Casey 1985-86 Moot Court Board Shelly Dropkin & Dana Young All Moot Court Photos courtesy of Paul Karp, Moot Court Board Member Executive Board Tom Theophilos & Leslie Lubell Moot Court cimtinuctl from/\ti!C I agreed that this year's level of competition was higher. "Everyone was really well prepared. The level of competition was extremely high," com- each otherrather than with, and in support of, each other." This, they felt, has to do with the "character" of the class which they described as being natur- mented Board member David Brown. They felt, however, disappointed that this year's participants were not talking to each other as friends, but as highly competitive individuals interested in winning without maintaining a sense of mutual community interest and support. "I know it is a generalization, but I think that our class was talking about it more. Friends were helping each other out and giving each other cases, discussing the problem more. Whereas this year I heard a lot of competitors complain to each other. Everyone was very secretive about it," said Paul Karp. Robin Checkla expressed similar feelings: "I think they are a much more competitive class than we were. They tended to work at odds with ally competitive. Although there was a high degree of competitiveness in this year's program, there was one basic human element missemotion. This, Board members agreed, could be attributed to the make-up of the problem, primarily to its factual component. They also felt that last year's problem, which dealt with homosexual rights, brought ing: about deeper personal feeling in the participants. This year's problem dealt with involuntary drug testing in the work place which, compared to the issue of homosexuality, is less personal. According to David Brown "even though both problems dealt with Constitutional issues such as First Amendment and privacy rights, the enthusiasm level was just not what it was last year." The determination as to what types of issues should make up a Moot Court problem begins before summer vacation. Robin Checkla explained the way this year's Board chose the issues: "Those members of the problem committee who were going to be around after the second semester got together and researched it. We kind of planted a couple of seeds before we left for summer vacations." The problem committee wanted to select an issue that was both current and likely to come up before the Supreme Court. "We wanted to find something that was topical, relevant, and interesting," said Checkla. Overall, the Moot Court Board felt satisfied with the way they administered this year's competition. Although most participants were less than enthusiastic, they demonstrated an impressive degree of knowledge and preparation during the arguments. Also, the presiding judges were very impressed with the competition. "They all thought the quality of the competition was excellent and (that) the participants were well prepared. This made me feel good about the competition itself and the school. I think members of the Board and the competitors have reason to be proud that here are some very impressive people who are impressed with us," said Board member David Brown. There was a clear sense of pride and commitment to the Moot Court program expressed by its Board members throughout this interview. They are very concerned with the way the program is perceived by the faculty and the administration. They contend there is not enough administrative support from the faculty of the Moot Court Board. Paul Karp explained that "this organization should get more support from the faculty and the administration because it is the only opportunity the school has to really showcase its students to its alumni and to other practitioners." To this he added: "Last year in two national competitions we placed in the quarter finals and, in one, we won the entire competition. I think that really speaks well for the program at the school that in the nationals our teams have really excelled." Checkla agreed that the Moot Court Board is the only vehicle through which our school can be represented nationally "in the sense of what (Buffalo's) students can do, what our abilities are." However, she feels that although there are individual faculty members who support the Moot Court Board, "a good portion of the faculty would like to see the Moot Court Board erased. Every year they fight to take away our funds. We fight tooth and nail for our existence." December 3. 1986 The Opinion 5 �The Insanity Defense by Melinda K. Schneider October 31 seemed an appropriate date for the jury verdict in the John Justice murder trial. Justice is the Kenmore West High School senior honors student, who on September 16, 1985, killed his father, his mother, his younger brother, and a neighbor, who was killed when Justice tried to commit suicide by ramming his car into him. What is so unusual about the case is that the jury found Justice guilty of murder for the deaths of his mother and the neighbor, and not guilty by reason of insanity for the deaths ofhisfatherandbrother. The insanity defense itself is very difficult for many people to understand because it allows a mentally ill person to be found not responsible for his actions if he lacked the substantial capacity to know or appreciate the nature and consequences ofhis conduct, or to know that his conduct is wrong. Several of the jurors who discussed their reasoning stated that they considered each of the killings separately to determine what Justice's motivation was in each case, and then applied that determination to a verdict for each killing. It explains why this particular jury could reach a finding which defense attorney Joel Daniels termed "ex- traordinary." The verdict points up a prob- lem, however, with the insanity defense in general, and with the public's perception of what it means in terms of a murder trial. Professor Charles Ewing an expert on the legal and psychological aspects of the insanity defense offered his opinion on the verdict. Ewing thinks juries should be told that when people are found not guilty by reason of insanity they may end up doing more time than if they were convicted of the crime. He mentions a case, Jones v. United States where this is precisely what happened. In Jones, the,defendant was arrested for attempting to steal a jacket from a department store. He was arraigned in the District of Columbia Superior Court on a charge of attempted petit larceny, which is a misdemeanor punishable by a maximum prison sentence of one year. The defendant decided to plead NGRI after the court ordered a psychiatric evaluation in order to determine his competency to stand trial. The Superior Court found the defendant not guilty by reason of insanity on March 12, 1976, and committed him to St. Elizabeths, a public hospital for the mentally ill. In 1983, Jones was still in the mental hospital when his case the U.S. Supreme Court. The Supreme Court held that, "... when a criminal dereached . . .And JusticeFor All fendant established by a preponderance of the evidence that he is not guilty of a crime by reason of insanity, the Constitution permits the Government, on the basis of the insanity judgment, to confine him to a mental institution until such time as he has regained his sanity or is no longer a danger to himself or society." "Had Jones pled guilty to the misdemeanor, the most time he could have done in prison would have been one year. Ewing saw several problems with the verdict in this case. He stated that the first thing one must recognize is that, as relates to a criminal act, insanity is a legal concept, not a medical concept. Within a time span of no more than four hours, the jury determined that Justice was insane, that he was not in- sane, that he was insane, that he wasn't insane. It is difficult to accept that someone could be in and out of insanity like that. Ewing thinks the jury compromised to placate the lone hold-out juror, otherwise the majority was ready to find Justice guilty for all four murders. Ewing sees two problems with this result: first, the verdict does not seem to match the facts, and second, it doesn't do anything beneficial for Justice. He suspects that Justice might have been better off in the long rurr with convictions on all four counts. A not guilty by reason of insanity (NGRI) conviction will hang over his head in terms offuture release. The guilty verdicts require a prison sentence, and the NGRI verdicts require hospitalization in a psychiatric institution. Presiding Judge Joseph S. Forma said he would have to decide which kind of institution by January. Ewing said that penal law requires that Justice be admitted to a mental hospital for evaluation. He thinks that the hospital will determine that Justice does not belong in a mental institution. Then Justice will go to prison for the murder convictions. But because of the NGRI convictions, Justice may remain under the state control definitely. If he were just found guilty, he would serve his term and be released. For Ewing, this is a case which "falls through the cracks." What really should be done with Justice? Prison would only be for retribution. If he is not mentally ill, what purpose or benefit to Justice in keeping him in a mental hospital? Ewing does not think either solution might be appropriate in this case. Justice definitely needs help, if for no other reason than for him to deal with what he has done, and the community could never deal with him walking away. The lawsays in- that in order for them to be able to retain you after a verdict of NGRI, you have to be mentally ill and dangerous. Ewing does not think it can be established that Justice is mentally ill. Ewing thinks neither psychi- atrist was an effective expert, and that both were "hired guns" by reputation. Tanay (defense) generally testifies for the defense and has very liberal views regarding the notion of insanity. Barton (prosecution) almost always testifies for the prosecution and is a conservative. It was a "battle of the experts" who totally disagreed with one another. Juriesdotake expert testimony seriously, but when it is insanity, it comes down to a gut-level response. Ewing thinks the jury may have disregarded both experts, and that while they thought they were doing the right thing, it won't do Justice any good. Statistically, finding someone guilty under these circumstances is common. The insanity defense is rarely raised, and it is rarely successful when it is raised. In a case like Justices, where he was both guilty and not guilty by reason of insanity, the problems with this defense and the legal options available are pointed up even more strongly. At this point there may be no satisfactory solution in sight for eitherthe community, the victims, or the criminal himself. PLSA Hosts Ewins Child Discipline Lecture by Tom Farley The Parents Law Student Association played host to a group of more than 30 people in the 4th Floor Lounge on November 20th when it presented Professor Charles Ewing for a discussion on child discipline. A staunch advocate and practioner of non-corporal punishEwing ment, Professor suggested several alternative approaches to physical punishment. At the conclusion of his remarks, he fielded questions from the audience, which tended to address more specific and personal circumstances from individuals' past experiences. Following the seventyfive minute meeting, PLSA members and non-members alike shared ideas and experiences on the subject over wine and cheese and crackers. The talk by Ewing was the first in a projected series that PLSA plans to sponsor. Discussions have taken place with some local attorneys which Professor Charles Ewing would bring them to the school during the spring semester to speak on subjects such as parttime legal careers for parents and successfully maintaining both a professional career and a family. The Parents Law Students Association is an organization designed to serve the special needs of a segment of the student body. Its two most significant themes are support and socialization. The support aspect is highlighted by the PLSA office (O'Brian 604), which has a playpen, changing table and toys for children and a deskfor studying parents; by the speaker series; and by thesharing of our collective experiences. The social aspect is typified by such past events as our potluck luncheon, the Shoshone Park picnic, and our upcoming January hay or sleigh ride, weather deciding. The hay/sleigh ride will take place at a stable on Transit Road, at a cost of roughly $5 per family or $3 per person, followed by a potluck dinner. scene several years ago with his New York City-based company Miramax Films. A former UB student, he returns to campus under the auspices of the Entertainment Law Society. He will present his insights on the business of entertainment, par- managed to merge music and movies as illustrated by the company's $1.3 million sale to Media Home Entertainment of a 12-concert video package highlighted by David Bowie's "Serious Moonlight Concert." Miramax's other rock music properties include Bowie's "Ziggy Stardust and the SpiMars," ders from Paul .. Weinstein has successfully a 12-concert managed video package highlighted by David Bowie's "Serious Moonlight Concert." "Rock Show," McCartney's "Frontiers Journey's and ticularly in regard to the role of Beyond," and the star-studded lawyers in dealmaking. "Concert for Kampuchea." The firm has additionally esThrough Miramax Films, tablished a solid reputation for Weinstein has successfully The Opinion December 3, 1986 6 hay/sleigh ride, or in PLSA generally, get in touch with Tom Farley (#645), Linda Crovella (#618), Leslie Gleisner (#398) or John Rowley (#779). PLSA Hayride and Dinner The Parent Law Students Association (PLSA) has tentatively scheduled a hayride and potluck dinner for Saturday, December 6 from 2-5 p.m. A covered wagon (or sleigh depending on the weather) will be pulled by two Belgian horses. Following the hour-long ride, everyone will retire to a heated barn to eat. Pony rides will also be given. If this sounds like the kind of fun you would like to have, contact Linda Corvella (mailbox #618), Leslie Gleisner (mailbox #398), or John Rowley (mailbox #779). PLSA is a Law School organization whose members are, for the most part, parents. All activities, however, are open to everyone. The organization has a study room in O'Brian Hall where parents can bring their children. Social events are sponsored throughout the year. Members are also available for listening and support for students juggling parenthood and Law School. The organization's policy has been, and will continue to be, Concert Promoter to Appear A look at the exciting, fastpaced world of rock stars, movie premieres and multi-million dollar deals will be presented Thursday, December 4 in the first floor O'Brian Hall student lounge by well-known concert promoter and independent film producer Harvey Weinstein. Weinstein, who is "Harvey" of Buffalo's leading concert promoter Harvey & Corky Productions, crossedover to the international movie that any parent or non-parent, faculty or student is welcome at any of our functions or activities. If anyone is interested in the distributing critically-acclaimed feature films such as "Erendira," written by Mexico's Nobel-prize winner Gabriel Garcia-Marquez; "Edith and Marcel," directed by France's Claude Lelouche: and "Twist and Shout," Denmark's 1985 Foreign Best Language Academy Award entrant. With his brother Bob, Weinstein also wrote and produced the Orion Pictures horror thriller "The Burning" and the recent Universal release "Playing for Keeps," a picture which the brothers directed as well. The presentation will be held at 7 p.m. at an Amherst campus location to be announced. A question and answer period will be followed by a wine and cheese reception. The college community and the public are invited to attend. NEED RESUMES IN A HURRY? I — Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive (off Sweet HomeRd. • Tn. Amherst, NY 14120 between No. French & Tonawanda Creek Rd.) (716)691-7480 Quality • Dependability • Fast Service • Moderate Prices 11 bQps>n Oj V 41 ? Seventh Avenue. Suite 62 New York, New York 10001 (212)994-3696 (201)623-3363 �Programs Offer the Study ofLaw and London by Dana Young TIRED of Buffalo? BORED with the same old law school routine? Looking for EXCITEMENT, ADVENTURE, THRILLS? Then consider studying law abroad in merry old London for a semester. There are at least two established London study abroad programs for law students. Pepperdine University sponsors programs for the fall semester only, and the University of De- troit sponsors programs for the fall semester and/or the spring semester. Both are private universities. Currently, one UB law student is in London this semester studying through the University of Detroit. Another UB law student (me!) will also be studying abroad next semester through the University of Detroit. Both Pepperdine and the University of Detroit conduct their studies on the Regent's College campus in Regent's Park, London. Regent's College is an eleven acre campus set in the middle of 474 acres of parkland in the heartof London's West End. Within walking distance are the London Zoo, a lake where boats can be "hired", a bird sanctuary, Queen Mary's Rose Garden, an open air theatre, and tennis courts and other athletic fields. A "tube" (subway) stop is a minutes walk away. The tubeis a popular, quick and cheap way of getting to just about anywhere in London. There are other international programs on the Regent's campus. For example, the British American Drama Academy, University of Southern California School of International Relations, Thomson Foundation (runs advanced journalism courses and television production training), and the Overseas Development Institute (independent center for research on economic and development issues) all conduct programs at Regent's College. Since I am studying abroad next semester through the University of Detroit, I can tell you more about that particular program. Normally, a student can attend eitherthefallsemester or the spring semester in London, although several students have spent an entire academic year abroad. The fall semester begins around September 1 and ends around December 15. The spring semester begins around January 26 and ends around May 8. University of Detroit offers many courses with an international flavor including International Business Transactions, International Space Law, International Commercial Arbitration, Comparative Law, International Economic Law, International Air Rights Law, European Community Law, International Taxation, Comparative Criminal Justice, and a required one credit course. Legal Aspects of International Finance, Banking and Economics. More traditional courses are also offered such as Federal Income Taxation, Corporations, Notebook. If you are worried about a lengthy application process, don't be. The application I filled out asked for little more than vital information, along with a transcript. For all first year students, your second year of law school is an ideal time to study abroad. If you must do Moot Court, go in the spring! As you will find out, the months in Buffalo from January to May are interminably gray, dreary, cold and depressing. What better time to explore a new world? What better way to study law? Jurisprudence, English Legal History, Health Law, Commer- cial Transactions, and Evidence. Additionally, students can get credit for doing an internship in either a London office of an American law firm, a legal department of a multi-national corporation, or in an office of a British solicitor or barrister. Approximately 40 students (usually ends up half male and half female) enroll for each semester. Many students are from Michigan schools, but at least 26 different universities were represented in the 1986-87 class. Some of theother universities which have students in the Detroit program are Emory, Georgetown, University of Southern California, NYU, University of Bridgeport, Boston College, Washington College of Law, University of Houston Law Center, and McGill. For those who are interested in these programs, please go up to the Career Development Office on the third floor and read about them in the Study Abroad munications." The panel discussions at times were heated when divergent viewpoints collided on issues which seemed to demonstrate at a micro level the problems of international issues on the macro level. Friday evening was highlighted with a lecture by Ambassador Paul Nitze who spoke on the arms control issue between the United Statesand the Soviet Union as well as the Strategic Defense Initiative (SDI), otherwise known as "Star Wars." Three workshops were aimed directly at students in which we were given the chance to exchange views and discuss problems common interest such as running the regional Jessup International Law Moot Court competitions, a workshop on International Law Societies and a workshop on International Law Journals. Many law schools were represented at the ILW, including UB Law School as well. Other students came from as far as California, Colorado, Wisconsin and Maine. The Association of Student International Law Societies (ASILS) was formed by five International Law Societies in 1962 "believing that the principles of international law should be more fully understood and recognized" and "determined to educate ourselves and our fellow students in the principles and purposes of international law, international organizations and institutions and comparison of legal systems." Toward this end, ASILS provides information and coordinative services in the international law area, publishes the ASILS International Law Journal and cosponsors the Philip C. Jessup International Law Moot Court Competition. The Jessup Competition involves a hypothetical case argued before a mock International Court of Justice. For those students who are interested in the international law area or seek information about the field, there is in existence here at UB Law School, an International Law Society with membership in the ASILS. At the present time we are involved in preparations for the Many people have expressed wonder, envy and wistfullness at my plans to go to London in January. They all ask "How did you find out about this?" and lament "If only I had known, I would love to do something like that." Well, now you know. It is so easy! And for you who doubt that this program is going to be so amazing, look for a sequel to this article next semester, describing all of the EXCITEMENT, ADVENTURES, AND THRILLS of London. Cheerio! International Law Issues Discussed at NYC Conf. by Daniel Ibarrondo On October 31, theAmerican branch of the worldwide International Law Association held its annual meeting in New York City and co-sponsored a series of panel discussions on current issues in international law. The International Law Weekend (ILW) was also co-sponsored by the Association of the Bar of the City of New York, theAmerican Foreign Law Association, the American Society of International Law and the Association of Student International Law Societies (ASILS). The International Law Weekend also included the semiannual meeting of the ASILS. The ILW offered a unique blend of international law practitioners and international law scholars that presented lively discussions and diverse viewpoints on issues of international concern. Present from academia were Prof. Oscar Law Columbia Schacter, School; Prof. John Norton Moore, University of Virginia Law School; Prof. Cynthia Lichtenstein, Boston College Law School; and Prof. W. Michael Reisman, Yale Law School. Representing the business sector of the field were Margaret deVries, International Monetary Fund; Allan Holmer, General Counsel, United States Trade Representative: Joshua Bolten, International Trade Counsel, Senate Finance Committee; and Ricki Rhodarmer Tigert, Assistant General Counsel, Board of Governors of the Federal Reserve System. The panels provided law students, lawyers and legal scholars with the opportunity to participate in international legal discussions, to hob-nob with some of the most prominent figures in international law as well as to be introduced into one of the most active multinational associations of international law. Among the topics discussed were: "International Law and the Use of Force;" "Prospects for Multilateral Trade Negotiations;" "Product Liability in Foreign Countries;" and "International Telecom- Philip C. Jessup International Law Moot Court Competition to be held in Spring 1987 and discussing the possibility of host- ing the 1988 Regional Competitions of the Jessup. We are also planning a series of speaker presentations about the events of interest in public and private international law. Being a legal practitioner it, the field of international law involves more than the notion of traveling to France for a meeting on Monday and off to Hong Kong on Wednesday to incorporate a client. The field involves issues in international wills and estates, contracts, trade, disputes, navigation and shipping, seabed resources, coastal fisheries, pollution and product liability among others. If interested in joining ILS and discovering something new, challenging and rewarding, contact Larry Lane (2L) #435, Daniel Ibarrondo (1L) #111 or Susan Biniszkiewic/ (2L) #315. Students Urged to Meet with Faculty Candidates Members of the Faculty Appointments Committeehave recently returned from conducting candidate interviews in Chicago. Approximately 20 minority and clinical candidates have been suggested for immediate campus visits. These candidates, along with an additional strong candidate who had been interviewed in a previous year, will be brought to the Law School for intensive one and one-half day interviews. Three of the on-campus interviews will take place before winter break. Marc Linder will be interviewed December 3-4. Mr. Linder is a candidate for a clinic position. He is a 1983 graduate of Harvard Law School and has worked with Texas Rural Legal Aid on migrant farmworker issues since receiving his law degree. Linder also has a B.A. in history and an M.A. and Ph.D. in politics. He has taught economics at various universities in the United States and abroad. Anthony Cook will be interviewed December 4-5. Mr. Cook is a candidate for a non-clinical faculty position. He is a 1986 graduate of the Yale Law School who has been working as an associate with a law firm in New Orleans. Cook received his B.A. from Princeton University in international and public affairs. His research interests include race discrimination and constitutional law. Nancy Polikoff will be interviewed on December 8. Polikoff is a candidate for a clinical faculty position. She is a graduate of the Georgetown University Law Center and was an attorney and founding partner of Hunter, Polikoff, Bodley & Bottum, P.C., from 1976-1981. Since 1982 she has served as a staff attorney with the Women's Legal Defense Fund. She has extensive experience and numerous publications in family law. Students will have an opportunity to meet with and question each candidate. Signs announcing the date, time, and place of each "student-candidate interview" will be posted. All students are strongly en- couraged to attend. Your feedback on the candidates will be transmitted by the student representatives to the Faculty Appointments Committee. Student comments have in the past been an important factor in the process. We appointment realize that candidate interviews are occurring at a very busy time of the semester, but student attendance at the candidate interviews is an important prerequisite to students having an effective voice in the hiring process. Internat'l Law Society Reorganized, Starts in Spring The International Law Society was recently reformed after a shaky start this semester. The new president is Lawrence Lane, and he has an impressive array of ideas that should put this group on the go again. Although Lane said it is too late in the semester to have an organizational meeting, he expects to have two such meetings the first week that thefirst year students arrive back from the break. Posters will be displayed in the halls then, so stu- dents should be on the lookout. Lane said that he wants to make greater use of the impressive array of cultural and social backgrounds found within the Law School. He commented that without question, students from other countries are an invaluable asset in teach- ing others about legal and social problems which beset the world. By hearing the firsthand stories and insights of these students, it is hoped that some of the confusion which exists among those unfamiliar with international affairs can be alleviated. The ILS will be electing an official body ofcommittees to run its planned programs, thus al- lowing a greater amount of stuhunger, political prisoners and domestic and international busdents to participate. The first two meetings are expected to iness transactions and comallow a greater number of stumercial transactions. It is expected that this group will mandents to participate and meet age to touch on all matters of other interested students beinterest to its members. fore elections are held. ElecInterested persons should tions will take place at the third contact Lane by dropping him meeting in the spring. A date a note in mailbox #435. has not been set yet. It is hoped that symposia can be held to discuss world December 3,1986 The Opinion 7 �— OPINION o— . Ml STATE UNIVERSITY OF NHVTYORK AT BLTMLC SCHOOLCF LAW Volume 27, No. 7 December 3, 1986 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: Idelle Abrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: Melinda K. Schneider Photo Editor: Paul Hammond Layout Editor: Susan Clerc Contributing Editor: Amy Sullivan Staff: Zulma A. Bodon, Wendy Ciesla, Diane Dean, Brett Gilbert, Kathy Peterangelo Johnson, Shelley Rene Rice. Contributors: Tom Farley, Daniel Ibarrondo. ' c Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year.It is the studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Keep the UGC Out ofthe UGL Did you ever notice how there's hordes of undergraduates all over O'Brian Hall? Ever notice how they take over all the conference rooms and carrels in the Law Library? Ever think what it would be like if there were 200 more of them looking for a quiet place to take a nap? If the new Undergraduate College is allowed to locate its administrative offices in the UGL, we're all going to find out. This Friday, December 5, Vice President Robert Wagner will decide whether 20 percent of UGL's first floor will be commandeered for offices in the name of "improving" undergraduate education. It's not that there isn't any other place to put the offices, it's just that the administrators don't want to wait until the Student Association moves out of its offices in Talbert. Ironically, those connected with the Undergraduate College don't want it located in the Ellicott complex, although the main reason given for choosing the UGL site was that it would be close to the students that the College is meant to benefit. Not only would putting offices in UGL significantly detract from undergraduate life at ÜB, it would also create overcrowding in the Law Library. Let's face it, that's why we're worried; we all know where the displaced undergrade are going to go, and there's no room at the inn. Library seating is already at the bare minimum for ABA accreditation, and an accreditation team will be visiting here in the spring. How impressed will they be with overcrowded library facilities? Over the last two years, we got a new roof, a new dean, and new word processors, all of which were desparately needed. We don't need 200 new bodies clamoring for a place to park themselves. In a last ditch effort to give law students some place to take their exams, the library will be reserving the open carrels on the fourth and sixth floors during the exam period. That's 41 spaces to the 200 eliminated at UGL. But this is only a temporary band-aid cure. The UGC plan has met with disapproval from faculty in every department on campus. The idea of taking study spaces strikes them as inappropriate at a University that is supposedly being upgraded to equal Berkley as a research institution. They also point out that library space is more expensive to create than ordinary office space because it must be built to support a collection of heavy books. Using this space for desks and administrators isn't cost efficient. SBA has sent a letter to Wagner urging him to consider the effects of confiscating library space on both the University as a whole and on the Law School, but a few more student voices wouldn't hurt. If you want to assure yourself a spot in the library, the chance to stand in line where you can at least see the copy machine before it breaks down, and an even chance of getting change for a dollar, sign the petition in the mail room or clip and send the ballot on page 14. Wagner hasn't made up his mind yet; help him make the right choice. Additional Carrels Available for Reservation During Exam Period (Editor's note: The following item was a late addition to The Opinion from the Director of the Law Library, Ellen Gibson.) At the suggestion of the Library Committee, additional room examinations. Law students will be able to reserve the designated study carrels in the Law Library beginning December 8 and continuing until December 23. Reservations at the Reference Desk are on a first-come, first-serve basis carrels will be reserved for Law Students during exam period. In addition to the 41 closed carstarting at the Library's opening rels on the third and fourth time (Monday-Friday 8:00 a.m; floors, the open carrels on the Saturday 9:00 a.m.; Sundayat noon). The other, usual exam fourth and sixth floors will also period procedures will also be be reserved. Expansion of the in effect to promote a quiet ennumber of reserved carrels is vironment in the Law Library necessary due to the need for and nearby areas. quiet space to take out-of-classThe Opinion December 3,1986 8 The Opinion Mailbox BLSA Endorsement Questioned To the Editors of The Opinion: The Black Law Students As- sociation has endorsed a "Day of Solidarity with the Palestinian People" in a "common pursuit against apartheid in Is- rael and South Africa" and a "lecture" by Adrien Wing, of the National Conference of Black Lawyers. I believe this was wrong, and I think all students, Black and White, should tell them so. At best, BLSA rubberstamped this cause because "apartheid" was in its title, and it teally didn't look into the issue because it can always fall back on a First Amendment argument. At worst, BLSA supports the views expressed on the day of solidarity. I take issue with BLSA align- ing itself with Palestinian and other Arab organizations on this day. The Arab organizations contacted BLSA to lend legitimacy to its own cause, and BLSA should have known this. It is clear thatthe Arab organizations are not interested in abolishing apartheid or in the dignity of human rights. Their motive is to incite hatred against the State of Israel and its supporters. Had BLSA done its research, it would have found that Arab countries are vicious perpe- trators of human rights violations in their own countries and in wars against each other. Not only does apartheid exist in against Arab countries minorities, but also against women and the poor. Palesti- nians, for example, have been victimized in Syria, Jordan and Lebanon, countries supposedly their brethren, purportedly united for this day. Israel, a country surrounded by enemy nations that do not even recognize its right to exist and in a declared war against it, provides Palestinians a home where they own land, hold government positions and may join its army. organizations The Arab needed to "piggyback" American Blacks for the legitimacy of their fight against apartheid. Conveniently, though, the Arab Organizations didn't mention that 90 percent ofSouth African oil comes from Arab countries. Just who is fueling apartheid? Arab countries import and export to South Africa and Namibia, as do 70 othernations in the world. As to atrocities against Israelis, Jews and all people throughout the world (e.g., bombing civilian busses, synagogues, and airports!, the facts show that international terrorism is supported by the Palestinian Liberation Organization and Arab countries, like Syria and Libya. BLSA's support for advocates of anti-semitism is documented. It contributed money to bring the Rev. Farrakhan to Buffalo last semester. The semester before, it endorsed a similar speaker who espoused hatred for Jews and the Stateof Israel. I don't think these things can be dismissed simply by citing the First Amendment. These "lectures" are hardly intellectual forums. They serve to incite hatred and violence against Jews and Israel. Lawyers value forums where all viewpoints can be heard. These events are blatantly one-sided and manipulating. Too often people accept these views as truths, regardless of distortions of fact, misstatements and omissions. These speakers don'ttell truths, and when someone tries to point out other views, one is shouted down and threatened with violence by the speaker's sentinels. BLAS, a chartered SBA organization, owes us an explanation. Spencer G. Feldman Third Year Student Footnotes Footnoted Below Dear Editor: Don't read the footnotes to this letter.1 I do not like footnotes.2 I think we should all stop reading and writing footnotes.3 Footnotes are an annoying and useless phenomenon. 4 They are supposed to supplement the text without detracting from it.5 "But they do detract from it and as they become longer, more complex, self-referential, clubby and convoluted, they threaten to subsume the entire piece and take on a life of their own." 6 The important message of an article is contained in the text.7 Sara Nichols* 'I know for a fact that you are reading this footnote. 2 Contra, say don't like footnotes I I but then I have footnotes, which implies that either I like them or maybe tolerate them or both which in any case is different from not. liking them et all. See footnote 3, infra. 'But, that is a ridiculous proposition because what if you don't read them and then someone else reads them and then you miss something that someone else has caught, then what? "Or are they? "Connessiez-vous le grand chat gui a mange Paris?" The History of Bestiality, Volume I, Michel Foocow, p. 59; see also, the work of a colleague of mine whom I don't really like but who had the good sense to footnote me in his last article. sßut purchase my last 2 books, both of which may or may not go into extensive detail about this very assertion and in any case where quite good, if I do say so myself and I would too have cited them even if I hadn't written them myself although perhaps not as frequently as I am intending to cite them throughout this letter. 6 lbid at 456. See footnote 5 supra. I or my research assistant have also read almost every book or article even vaguely tangential to the subject of this letter and I would be happy to list them for you now if I could remember anything about them or even what the subject of this letter is. 'But disregard everything contained in the text of this letter. *Sara Stevens Nichols is a student at the Faculty ofLaw and Jurisprudence, State University ofNew York at Buffalo which she attended primarily because she wanted to go to the law school with the longest possible name. She is indebted to the following people: her spousal equivalent, all of her friends including the ones she doesn't talk to anymore because she is so busy writing footnotes, her typist, her re- search assistants, her parents and President Reagan for giving her the courage and example to make a fool out of herself in public. Dean Newell Says Thanks Dear Mr. Kullman: I would like to publicly thank the Legal Methods Program students, faculty members, and other participants who accepted the invitation to attend a general meeting of the Legal Methods Program held on Friday, October 31. Although scheduling problems prevented the full participation of all of the invitees, the meeting was well attended. The agenda for the meeting included discussions on the minority student orientation program and the structure of the Legal Methods Program. The comments and suggestionsoffered by the participants in this forum were both enlightening and encouraging. The proceedings were taped and will be transcribed for distribution to those present and those who were unable to attend. I encourage those invited students and faculty members who were not in attendance to submit their comments and suggestions on these programs to me. , Once again, my thanks to those concerned individuals who are striving for the improvement and continued success of the Legal Method Program at Buffalo Law School. Sincerely, Aundra Newell Assistant Dean of Admissions and Student Affairs Recruiting Urban Fellows Recruitment is currently underway for two exciting internships in New York City government. The Urban Fellows Program consists of a 9-month fellowship (September through May) during which participants have a unique opportunity to work closely with key city officials on long and short-term projects. Weekly seminars are held featuring top city officials focusing on issues facing the City. Fellows receive a $12,000 stipend along with a choice of paid health insurance plans. The deadline for application submission is February 15, 1987. The Summer Management Intern Program is for college juniors, seniors and recent graduates (1987) who are interested in a summer internship in New York City government. Interns work full-time in city agencies from June to mid-Au- gust, attend seminars on a biweekly basis, and receive $2,000 for the 10-week internship. Students must have a permanent home address in New York City to be eligible for this program. The deadline for application submission is February 1, 1987. Interested students can find applications and additional incontinued on page 14 �The Boy Mechanic by Kevin O'Shaughnessy Christmas Gifts from the Boy Mechanic I generally despise sappy traditions. But everyone is allowed to get sappy and traditional around'the Christmas season, even Boy the Mechanic. So once again the Boy Mechanic is showering the Law School and beyond with yuletide offerings. Sharon J. Fine: A Shopping spree down Maple Road. What better way to purchase Lee press-on nails (regular and glamour length), semi-automatic blow drier(ready for the sandiest beaches and the deepest woods), a Joan Collins make-up kit (to help create the "real" you), and all the other fashion accessories that are vital to a substantive way of life. To all law students aspiring to become members of the "Lum- berjack Elite": A-flannel shirt, a package of Red Man Chewing Tobacco, a case of Iron City Beer, and a copy of the lumberjack anthem: "Why don't we get drunk and screw?" by Jimmy Buffet. George Villegas: A new fedora, a bigger ring, and more territory My humblest respects Godfather. Visiting Professor David Fraser: An apple pie, an American flag, an album of John Phillip Sousa marches, and a Bruce Springsteen "Born in the U.S.A." sweatshirt. Dave Gugerty: Met season tickets for you, "Earl," and the rest of the subway fans. Lets make the fur coated, preppy, fake fans watch from the subway platform, that way theywill be sure to beat the traffic. S.A. President Paul Verdolino: A job at the King Edward Hotel so he can take his ecdysiastic tendencies to a ... more appreciative audience. A word of caution Paul: You are going to have to take off more than your shirt. Parking Protester Sue Clerc: Several bulldozers, five loads of gravel and an unlimited supply of asphalt. You can place parking lots all over the campus tundra. Howabout paving over the fifth floor of Capen His hair is the same color as asphalt anyway. Provost William "Wild Bill" Greiner: A hearing aid so he might listen to students and eye glasses so he might see the problems his administrative policies have created. He will have to see the Wizard of Oz about a heart though. John Lapiana: A job as a used car salesman at Dan Creed'sold lot. Check McKinney's for the New YorkState "LemonLaw." The creators of L.A. Law: A . character that doesn't wear a $500 suit. How about a sleazy personal injury attorney with a fondness for green plaid sport coats and white leather shoes. And do something about Laurie Partridge's (actress Susan Dey) "blond" hair. Tom Sartoga: One free hair styling at Salon Dube and a road map to help find your way to theAmherst Campus. Pick up you mail; people are beginning to talk. SBA President Brett Gilbert: A bullhorn for your frustrating meetings with Steve Sample. Tell him we need parking lots for football games ... it seems to be his only interest. Dave Todaro: The leading role in the upcoming Disney Professor Fred Konefsky: My vote for the "Little Richard" hair d Can you sing "Tutti 0... Frutti?" Dean J.H. Associate Schlegel: A guest spot on L.A. Law Do you own any green plaid sport coats? White leather shoes? The bow ties would be ... ... a nice touch it works for Orville Redenbacher. Dean Wade J. Newhouse: A monogrammed, portable podium so he won't have to lecture from a chair. . Thanks for the apology about .. the Insurance Law/Future Interests Conflict. that has to bean administration first. If you won't take the Dean's job forever, how about Grand Exalted Poobah of the Law sequel to "The Shaggy D.A." called "The Scruffy P.D.". Don't they might ever shave dude figure out who you really are! SBA Briefs School? by Brett Gilbert Parking, Law Library, N. Y. Practice Woes Things have been rather uneventful around the SBA lately: Students have begun to assume their responsibilities on Law School committees, with some of them trying to actively engage faculty members in discussions about various problems. However, there have been a few things going on that you probably should know about, so here it goes. PARKING. Well, my memo to faculty members asking them to join us in our attempts to have the voices of the entire University community heard within the walls of Capen Hall has failed miserably. Only two professors (Isabel Marcus and Victor Thuronyi) showed us their support by signing the let- ter I drafted to Vice President Doty. That's about 4 percent. Not good, not good at all. I think we lost this one folks. If we can't get the Buffalo Modelettes to join us, there's no hope for the rest of the University. The longer those restricted parking lot signs stay up, the more impossible it is going to be to get them down. I know I sound like a defeatist, but, let's face it: If most of us are not willing to take a more vocal or active stand on this issue, Capen Hall will walk all over us. All we can do now is to find loopholes in the tickets they give us. Anyone who gets a ticket should go to the undergrad Student Association to find out how to fight it. I hear they are quite clever. NEW YORK PRACTICE. It appears that the Law School administration is going to turn New York Practice away from its current focus on research and writing and towards a four hour exam at the end of the semester. I think this would be a terrible mistake; a mistake which may take effect next semester. First year students have Research and Writing classes; second year folks have Moot Court; and us third year vagabonds have New York Practice. One research and writing experience a year is not an unreasonable request. I urge all of you who are opposed to this proposal to make your feelings clear to Dean Newhouse. If he doesn't hear anything, he'll think we don't care one way or the other. Also make your thoughts known to Diane Dean, John Bonazzi, John Williams and Diana Harris, the four students on the Policy and Program Committee. Do it now! Carol COMMENCEMENT. Tina Fitzsimmons and Simpson, chairwomen of the Commencement Committee, informed me of the results of very shortly. LAW LIBRARY. The under- graduate library is about to lose 200 study spaces when the new undergraduate college takes over a significant area of its space. The Law Library staff is seriously concerned that these 200 students are going to find their way into our library. The Law Library has only 501 seats (including the couches near the bathrooms, and probably including the toilets themselves). This is just barely over the minimum number of seats required for ABA accreditation the commencement speaker election. The top four contenders are: 1. David Letterman, 2. Mario Cuomo, 3. Judge Wachtler, and 4. Mark Russell. Carol and Tina will be sending out invitation letters to these people of the Law School. What should we do? Restrict library admittance during exam periods? a mtin tied i vipage 1 5 SBA Minutes: Moot Court, LANALSA and ILS (Editor's note: The following is a text of the SBA minutes from a regular meeting on Wednesday, November 12.) by Karen Buckley I. New Business By-Law 13 Compliance — — Moot Court Debbie Kennedy spoke on what the Moot Court Board is doing. The Desmond is currently in progress, which judges on the basis of written and oral advocacy. They also send members to competitions against other schools. At the end of the Desmond they host a banquet for the particip- ants. The Alumni Association donates money to help offset the cost. In the spring, the Moot Court Board hosts the Mugel Tax Competition, which attracts participants from all over the country. This year, for the first time, the competition will be held downtown. International Law Society Larry Lane spoke about the in- — ternal organizational problems that have beset ILS in the past, however there are a group of students who are very enthusiastic about bringing some vitality back to the group. They will be involved in the Jessup International Moot Court Competition. Additionally they would like to organize a symposium on problems facing third world nations for next " semester. Latin Asian and Native Amer- ican Law Students Association (LANALSA) Sam Rodriguez came and updated the Board on what his group has been up to. Currently, they are in the planning stages of the High School — Outreach Program. They are establishing contacts and build- ing support in the schools before they actually go in and meet with students. LANALSA helped sponsor Dan Ibarrando's trip to an international law conference in NYC. They will be co-sponsoring with NLG a presentation on labor law in tered around the need for rules vs. the needforflexibility. While it was agreed that great candidates were chosen for all the positions, there was some concern that lack of rules could be used malevolently in thefuture. However, as Brett pointed out, rules can also be used to defeat noble ends. It was decided to table the discussion until a later date, and to ask the Board to give constructive criticism to Ray so he can amend the rules to accommodate people's views before a vote is taken. Central America. Finally, they are hoping to organize a symposium on "Hispanics and the Law." 11. Old Business — Committee Appointment Rules: Ray presented his proposals for rules to govern the appointments process. The debate cen- \\\ "IREASONABLEMAN I::::::::::!:::/ M (f ,([({%, WT,,,BUT >*<\\\ )/ W\l // ft %&) \\\ WHAT IF / / TAD IS IN MASTER AND \ V" SLAVE E *»! X m /\/V T^nQin :::: '• :::: h:: 1:":il\i I , n* \\ \\ 1 wait! UoiP everything HI AI W JVI // ; I// M right with phidb. 1/ I \ y^~"—■*X S M INTERRUPT THIS COMIC STRIP FOR A SPECIAL ANNOUNCeMtHT! X YOU MAY KNOV, SCADS OF NAYS/WING NITPICKERS UAV£ Bee*/ SECOND GUESSING WE PRESfDENT'S DRU6-TESTIN6 INITlATtve. NOW YOU C*N LET '£M KNO\AI MB** YOU. stand! W£AZ we button at u(ilNB ,s / I I 1 CF m ° A f *><*» Or fye *>*>Qr q. \ \1 r I I , \V J >S^_^/ r Rcmneen* we UFEBLDOf> y * eA ■ ' N A OWST** Ton °* December 3,1986 The Opinion ' ■ 9 �Spanogle Part of UNCITRAL Working Group Ever try to cash a personal check where you are unknown, particularly in a state other than your own or in a foreign coun- try? You may have been told, for instance, that your New York driver's license, as a means of identification, is meaningless in Florida. If it's any consolation, individuals, corporations and even governments involved in international trade are plagued with similar problems. Striving to resolve such issues on the international level is a team of experts from 36 of the world's nearly 200 nations. They are putting together a treaty proposal on "negotiable instruments." One of the U.S. negotiators is John A. Spanogle Jr., a member of the UB Law School faculty. Spanogle has served as a consultant to the U.S. State Department since 1982and, in that role, serves as a U.S. delegate to the United Nations Commission on International Trade Law (UNCITRAL). Spanogle was chief of the U.S. delegation at UNCITRAL's most recent working group meetings in Vienna during 1985, and has been designated to serve in the same role at the next UNCITRAL Working Group meeting, scheduled for January 5-16, also in Vienna. Spanogle, a UB law professor since 1974, is no stranger to in- sales of goods. This set of rules, or convention, has been approved by the U.S. Senate for ratification, and President ternational affairs. soon. Once adopted by UNCITRAL, the convention on payment and credit instruments will be made available to all nations to ratify. Any nation also has the right to shun the rules by refusing to ratify the convention. Of the 36 nations that make up the membership of UNCITRAL, five are permanent memUnited States, bers the United Kingdom, Soviet Union, France and the People's Republic of China. The other 31 nations are selected as "regional He has traveled to China twice inrecent years as a visiting scholar, once as a lecturer at Beijing College of Economics under terms of a ÜB-Beijing exchange agreement and once as an invited lecturer at the Law School of the University of Beijing. He also served in 1981 as an agricultural development consultant in Cairo, Egypt. UNCITRAL, as explained by Spanogle, has been striving since 1969 to develop a treaty, or convention, to establish uniform rules for negotiable instruments that provide for payments and credit in global trading. Spanogle believes that the proposed rules now in hand will be approved by UNCITRAL at its plenary meeting in Vienna July 20-August 15, with final details being ironed out before hand at the January working group meeting in Vienna. , The convention on payment and credit instruments, when approved, will supplement a previously developed UNCITRAL convention that provides uniform rules on international Reagan is expected to sign it — members." Spanogle views UNCITRAL as "totally unlike the U.N. General Assembly or Security Council." "There is almost no political dialogue," he noted. There are many instances, he added, of Soviet delegates supporting U.S. proposals and vice versa. The UNCITRAL codes creating international law standards for both sales and payment instruments in world trade are somewhat akin, Spanogle noted, to this country's Uniform Commercial Code, adopted in the 1960s by 49 of the 50 states. The code was ratified by all states except Louisiana, which still is a holdout. Ratification of the UNCITRAL convention on international payment and credit instruments will, in essence, give all participating parties, "understandable legal protection," Spanogle said. However, the rules would not apply to domestic transactions within a given nation. Basically involved in foreign trade are such negotiable instruments as promissory notes, for borrowing, and bank drafts, which accompany bills of lading in letter-of-credit transactions. Checks, which one might use for domestic or even foreign purchases, are excluded in the proposed convention. Spanogle disclosed that his own proposal to inject variable interest rates into the writing of international negotiable instruments has been adopted as part of the UNCITRAL package. At first, he reported, some Third World nations objected to the concept of variable rate notes, but later accepted the plan when assured that such notes would be subject to two controls or limitations. One control is that the index rate must be publicly disclosed or available at all times. The other is that the index rate cannot be under the control of any of the original parties to the negotiable instrument involved. Spanogle noted that similar consumer protection conditions have been applied to variable rate notes in some domestic as transactions, such mortgage loans. A 1960 graduate of the University of Chicago Law School, Spanogle has been admitted to practice in Tennessee, California, the District of Columbia and Maine. His writings include co-authorship of International Busi- ness Transactions: A Problem Oriented Casebook, published last year by West Publishing Co. The co-authors are Ralph H. Folson, San Diego University, and Michael W. Gordon, University of Florida. Spanogle currently teaches courses in secured transactions, commercial paper, international business transactions, consumer lawand regulation of financial institutions. If Spanogle has his way, welldefined negotiable instruments will become a symbol of trust in world trade. More Changes in Registration and BillingPolicies by Kathy Peterangelo Johnson As you know, the University has implemented a new billing procedure which will go into effect beginning this Spring semester. In essence, the new procedures require students to pay their bills prior to the first day of classes. The reason for this change has been pressure from Albany to improve the fi- nancial situation of the SUNY system operations. There are two aspects with respect to this change which are worth discussionand clarification. The first concerns the immediate effects on registration and billing for next semester. As you should know by now, all outstanding bills with the Office of Student Accounts for the Fall 1986 semester had to be paid by Friday, November 21 or you were precluded from registering from classes. Even if you submitted registration materials to A&R, your registration could not be processed if Student Accounts had placed a "check stop" on your account. So, if you had a balance due on your Fall account, your registration did not go through the computer unless arrangements were made with Student Ac- counts, either through me. or directly For those of you who did register, your bill for the Spring 1987semester will be mailed on Friday, December 19. This bill is due by Friday, January 20, 1987. Any bills unpaid by this date will incur a $20 late fine. If you did not preregister for whatever reason, your first bill will not only have $20 late fee attached, but also, a $20 late registration fee. The other aspect to the new billing procedures worth discussing pertains to some of the ambiguities left after reading the memorandum from John Karrer, Director of Student Accounts, a copy of which was sent to all of you from Marjorie Girth. I've received many questions about the memo and hope that this information will clear things up. The Karrer memo stated that "Deferred payment is no longer extended to students pending Professor Birzon Elected to the Board of Governors association for law family cialists. Professor Birzon Admission to spethe Academy is by invitation to attorneys practicing more than ten years who devote at least 75 percent of their practice to family lav*. The members from 44 states, not including Canada, must have demonstrated expertise in the field and must pass an examination as conditions of admission. Paul I. Birzon, a well-known matrimonial law specialist, has annual membership meeting on Friday, November 7 in served on the Board of Managers on the New York chapter Chicago, Illinois, and Paul I. Bir zon was elected to the Board of and served as vice-president. He is a frequent lecturer and auGovernors of the American Academy of Matrimonial thor on various aspects of matLawyers. rimonial law, and is a part-time The Academy, founded in associate professor of evidence 1963, is a national professional atUB. The Opinion December 3, 1986 The American Academy of Matrimonial Lawyers held its 10 reimbursement from a third party. All accounts must be paid upon receipt of 'the account statement." This does NOT mean that all deferments are no longer available. The memorandum is addressing persons who receive funding through a third party other than the federal and state financial aid programs or through the schoo), Fpr example, if your bill is paid for through OVR or an employer, the Office of Student Accounts will no longer defer payment of your bill until these sources come through with the bucks. In the past, many sponsoring organizations have held off payment until they received notice that the student had passed all the courses billedfor. Student Accounts would defer payment until that time for these students. That's no longer the case. If your bill will be paid by a third party next I semester, the bill must be paid by Friday, January 2 or you will be charged a late fee. If you are in this category, please see me so that I can give you more details. As for the rest of you, I will be able to continue to defer late payment fees for students whose bills remain unpaid due to various delays in the processing of your financial aid. Please note, however, that my ability to do this is restricted by when you first submitted the appropriate forms and whether or not delays in processing of financial aid were at least in part attributed to your failure to apply on time, file the FAF, or through your submission of an incorrect or incomplete application. Also, under the new billing procedures, students who receive tuition waivers (GA's, TA's, EOP's, etc.) must file for TAP within the first two weeks of the semester. If a TAP award is not on file by the end of the semester, you will be held liable for an assumed maximum TAP award of $600. By now, all of you who receive tuition waivers should have filed for TAP, but keep this in mind for next year. By the way, for those of you who will be receiving tuition waivers in Spring 1987, you must file a new Tuition Waiver application with me no later than Monday, December 8. I hope this helps to clarify some of the questions you may have regarding the new billing procedures. If not, see me. Most of all, remember thatthe major effect of the new procedure is to require advance payment of your bill. The best way to avoid problems is to apply as early as possible for loans and for TAP. Lastly, remember that your Spring 1987 bill must be paid by January 2, 1987 to avoid a late charge. FEDERALIST INITIATIVE \W CANNED m I FOOpj>RIVE^I i NOV. 24-DEC. 5 I m a J ■ , : to benefit the BUFFALO CITY MISSION drop-offboxes in MAILROOM & 505 O'BRIAN HALL a b I iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiininiiiiiiiiiimiiiiiw �The Key to a Public Interest Job: a Creative Spirit, a Sense of Adventure, and Organization by Diane Dean Very few public interest employers come to you and ask you to interview with them for either a summer job or a permanent one! But just because they don't come knocking, doesn't mean there aren't PLENTY of public interest employers who will hire you, and, yes, even adequately pay you to work for them. It is not unheard of for students (even first year students) to receive $200-250 a week during the summer. Nor is it unlikely that you can receive a $20,000 job after you graduate. The key to finding a public interest job, though, comes from your own creative spirit, willingness to be advenand an turous, organized search. The best place to start is to decide where you want to work. Finding a public interest job in New York City, Washington, D.C., Chicago, Boston or San Francisco gives you the best chance of getting exposure to exciting legal issues and a good salary. But other cities may surprise you (it's been said that Rochester Public Defenders are the highest paid in the universe). If the world is your next employer, narrow your focus by deciding what type of work you want to do. There are books with the name of human rights organizations, public interest law firms, women's advocates, district attorney's offices, and county attorney offices at CDO. Gear your resume and cover letter to catch the eye of the type of employer you want to work for. Some of you have told me that you don't know what you want to do. If you are a first or second year student, use the summers to help you decide. If you are a third year student, take some time over the upcoming semester break to reflect on why you came to law school and what you have enjoyed most during law school. Employers detect ambivalence. For public interest employers who usually base most of their hiring decisions on commitment to public interest advocacy, your ambivalence about where you want to work may seem to them ambivalence about working in public interest law. Focusing your energy on a few jobs that you really want pays off. I have seen many students who get THE job they want. That's because you work harder at getting THE job you want. Employers detect enthusiasm, too. First andSecond YearStudents It may seem to you now that you'll never get a summer job (especially one that pays). But take heart in the fact that it's much easier to get a summer job than it is to get a permanent one. My first suggestion, mentioned earlier, is to look at your summers as a way to explore what you want to do and where you want to live. You often have a better chance of getting an exciting job if you're willing to live in Idaho (representing farmers facing foreclosure) or Mobile (where the Southern Poverty Law project is located) than sitting securely in a Northeastern city. Use your semester break to employment pos- explore sibilities for next summer. Look in CDO for the following: 7986 Public Interest Job Survey, Harvard Pro Bono Questionnaires (a misnomer to me, since this book lists many paying positions, not only pro bono work), and a copy of the Harvard Public Interest Law Directory. Also, look for announcements on the National Lawyers Guild Summer Projects, The Law Students Civil Rights Research Council internships (LSCRRC), see sidebar, and The NewYorkPublic Interest Symposium. While first year students are Diane Dean often not eligible for many positions, that isn't always the case. All things being equal, people with work experience will have an advantage over people without it. Employers know that they can depend on people with experience to come to work, to get the job done on time, and to act responsibly in a professional setting. People who have not worked full-time nor held jobs with responsibility, on the other hand, have to 'pay their dues' one way or another. It may be in theform of taking an unpaid position your first summer or living in Idaho for ten weeks. There are many work/study positions available here in Buffalo, for those of you who are independent from your parents and need something to live on. My advice to you is to live on the meager pay work/study offers while you live in a city such as Buffalo which offers lots of free activities and the cheapest rental costs this side of the Mississippi. Once you have spent a summer 'paying your dues', you will not only have legal work experience on your resume, you'll have some lawyers to ask for advice about where you should look next. That's my advice to second year students on where to call begin their job search your previous employer. Not only does he or she know other — lawyers, your previous supervisor also knows your strengths and weaknesses as a law clerk. For instance, he or she may suggest that you lookforan employer who can give you more client contact, or courtroom experience, to let you structure your outgoing nature into a legal forum. For first year students who are wondering what you can do with what you're learning this year, here are some sugges- tions. Public interest tort take plaintiff cases. Small firms use any money won on tort liability cases to offset the costs of doing pro bono work. While most small firms take tort cases, public interest lawfirms only take plaintiff-side tort cases. Constitutional litigators, such as The Center for Constitutional Rights in New York City argue appeals in federal court. Look for an office's specialties in civil rights, discrimination, prisoners' rights and other consitutional questions, to apply what you've learned in Constitutional Law. Contract lawyers, in the public interest world, usually work with small businesspeople in a public interest law firm. While purists may say that working with any type ofbusiness is not public interest work: I disagree. Given the sweeping power of multi-national corporations, who seem to be wiping out small businesses, advocating for a decentralized economy, to me, is in the public interest. Criminal Law, of course, gives you some idea of the issues facing District Attorneys, Public Defenders, and Prisoners' Rights Advocates. lawyers Third Year Students It's true there are far fewer full-time public interest job openings than summer positions. Here are some other facts about public interest employ- — ment: — Public interest employers don't come to campus to interview you (except for a small number, like the New York City D.A.s, Legal Aid, and some federal government offices). Most public interest jobs only come along when there are openings. Public interest jobs are often not filled until the end of spring semester. (The Executive Director of the New YorkCivil Liberties Union got his first job in Atlanta the day before classes ended his third year of law school. That job allowed him to represent people who eventually became major figures in the — — civil rights movement). Public interest job payscales look something like this: government positions ($22-35,000), private public interest law — firms, public defenders, district attorneys, judicial clerkships ($2O-30,000), Legal Services, Teaching Fellowships ($l2- -20,000). — Public interest employers want people dedicated to public interest law. (One extreme of this is the Center for Constitutional Rights which does not interview anyone who has ever worked at a law firm). Public interest employees are given more work responsibility more quickly than most private firms. (Most public defenders start with a caseload of 200 and often do their first trial withip the first month on the job). 3.6 percent of all law graduates work in public interest positions: 6.8 percent of all ÜBgraduates worked in public interest jobs last year. You will get the job you really want. — — — Over the semester break spend a long time writing a cover letter to each "type" of employer you would consider working for. Write one for legal services, one for a private pub- lic interest law firm, one for government offices. Prepare your resume like you've never prepared it before this coming semester is THE semester to secure a public interest jobl Decide, as best you can, where you want to live, what type of office you want to work in, what type of work you want to do 40 hours a week, and how much you can afford to live on. — Be generous with yourself about the pay. That first job is always the hardest to get. Once you're in the network, the second and third jobs almost come to you. Taking a lower-paying job in a less exciting city makes you a bettercandidate next year for a higher paying job in a very exciting city. Word has it that once you are an "experienced attorney," you compete with only 6 candidates instead of the 50-100 people you're up against now. Next semester, look for judicial clerkships with lower courts, such as Magistrate and Bankruptcy, more teaching fel- lowships, and legal services jobs. Audrey says that only about 30 percent of all graduates have jobs on graduation day. You'll have a much better chance of being one of that 30 percent if you take the initiative and be assertive about seeking out the employer you want to work for. CDO has binders, books, and announcements to help you get started. **ln the next issue: "A Key to the New York Public Interest Symposium" LSCRRC Funding by Diana Dean The Law Students Civil Rights Research Council is accepting applications for its summer internship program. Better known as "LSCRRC" (lis-crick), the group will fund law students who work in public interest jobs next summer. LSCRRC began in the 60's as a way to fund students to work in the Civil Rights Movement. It has since expanded to include all forms of public interest law, paying $2,000 for ten weeks. Employers contribute half of that sum. You can either locate your own employer to participate, or accept a position LSCRRC offers. You have a better chance of receiving an internship if you fill an existing LSCRRC internship or if you plan to live in New York City for the summer. The steps for the application process are as follows: 1) Pick up a resume at CDO. Deadline is December 23. 2) Find an employer you want to work with, if you cannot accept a LSCRRC assigned posi- tion. 3) Call that employer and tell them about LSCRRC and that you want to work at their office. If they agree to pay half of the summer stipend, i.e., $1,000, then include that employer on your application. 4) Sign up outside CDO for the peer interviews at the be- ginning of next semester. (Everyone is interviewed). 5) You'll hear about your acceptance and funding by May 9, 1987. 6) Don't stop looking for a job in the interim! While LSCRRC funds many position, its budget has been cut in the past few years. Many UB law students have held LSCRRC summer positions. It's an excellent opportu- nity to work in public interest. More information on the program is available at CDO. BPILP Courses by Idelle Abrams The Buffalo Public Interest Law Program (BPILP), now in its eighth year, has two main goals. The group first wants to promote public interest as a career option and, secondly, wants to create a social network of people interested in careers in the public sector. BPILP has recently announced this year's "Registry Pro- gram" which, beginning next semester, will hook up students with public interest agencies for short term projects. These projects may require anywhere from five to forty hours of work to complete. The program provides a unique opportunity to try out what it is like to work in a public interest agency. "It's also a great way to make connections for summer jobs, especially for first years," explained Michael Kulla, president of BPILP. "It gives you experience and contacts out in the field." Among its other activities this year, BPILP, in conjunction with the Career Development Office, offered a series of discussions with students who worked in public interest jobs last sum- mer. This year the panels focused on labor law, environmental law, legal services, and criminal law. BPILP also sponsors a summer internship program which funds several student positions public interest agencies. "The biggest and best thing we can do," asserted Kulla, "is to at get people actually working in the field." Last year BPILP funded two positions. One student worked with the Farmworkers Legal Services in Rochester. The other student was with the Client Advocacy Program in Buffalo, a group that focuses on the legal issues that arise in the mental health area. The group also sponsors many social events, which, Kulla hopes, will lead to the development of a social network for support and contacts among people who are interested in the public sector. BPILP is also a charter member of the National Association of Public Interest Law Groups which is trying to build a network on a national scale to provide jobs and support for people interested in public sector careers. December 3, 1986 The Opinion 11 �IT'S NOT TOO LATE TO SWITCH ID PIEPER WITHOUT LOSS OF DEPOSIT. So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 JUDITH KUBINIEC BRIAN BORNSTEIN DORIS CARBONELL TERRANCE FLYNN 12 The Opinion December 3, 1986 MARIA LOTEMPIO AMY MURPHY DONNA SIWEK AMY SULLIVAN MARK POLLARD JOHN ROWLEY SUSAN ROQUE �Administrative Restructuring Declared by Newhouse (Editor's note: The following is the text of a memorandum distributed to Law School faculty and staff on Wednesday, November 12 concerning the ongoing administration reorganization.) by Wade Newhouse One of the major responsibilities I was asked to undertake when I agreed to serve as Dean during this transition period, was to review the administration structure of the Law School which has evolved overthe years since UB became a state institution, and initiate some reallocation of duties and reorganization where that might improve our effectiveness, especially in dealing with new developments in state budget planning and new technology. Such a reexamination and reorganization, where necessary, is a necessary precondition to needed added resources where such additions can be justified. As a step in the process of reviewing the organization of the administrative structure of the Law School, I am making the following changes which are now in effect. Over the last 20 years, since UB became a state institution, as the school went through a period of rapid growth a number of functions and responsibilities came to rest on Charlie Wallin's desk. Charlie came to the Law School when Bill Hawkland was dean, when the staff was much smaller and growth and complexity was just beginning. Those functions for which Charlie was responsible continued to expand under the impact of the growth of the Law School and university. Budget planning and control have become increasingly de- manding. Charlie came to the Law School from the budget office and his special expertise is in the broad range of budget and personnel matters. It is time to focus Charlie's responsibilities on budget operations and planning, along with closely related functions, in order to ensure that he has the time necessary to devote to those functions. Therefore, as the first step in reorganization, the following allocation of responsibilities is now in effect. Additional adjustments and clarifications will be made during the course of this academic year. Assistant Dean for Budget and Operations. This position is held by Charles Wallin. The responsibilities of this position in- The examination schedule for the Spring Semester 1987 will not become final and published until after enrollment is completed. This timing is necessary in order to know which courses enroll a large number of third year students. Complaints concerning the fall examinationschedule are to some extent misplaced. We inherited the parameters for this semester's overall schedule, which was established last spring. At that time, a decision the affairs of the school. with assistance from the Associate Dean responsible for student matters (presently Marjorie Girth), for student affairs, including commence- 4) Responsible, Program. This position is held by Aundra Newell. The responsibilities of this position include: 1) Responsible to the Dean for the management of the Admissions process, working with the Chair of the Faculty Admissions Committee. (Of ments and working with student organizations to promote student activities. From time to time, during the coming months, there will be course, during the transition period over the next few months, Charlie Wallin will assist Aundra by passing along his knowledge and understanding of how the ad- further definition and clarification of the scope of this position, as we review the admissions process and the increased use of computers for all administrative functions. missions process has been clude: 1) Responsible to \pe Dean in managing the state budget the coordinating and budgets from nonstate funds. Responsible for assisting the Dean in planning future budgets and in analyzing spending and factors influencing spending. 2) Responsible for student fi- nancial aid administration. 3) Responsible to the Dean and Associate Dean responsible for student matters (presently Marjorie Girth) for creation ofclass and examination schedules, and for scheduling the use of classrooms and other facilities within the control of the law school. 4) Responsible to the Dean for reporting on the state of the facilities and on maintenance needs, and responsible for the operation of the facilities to the extent they are within the control of the Law School. From time to time, during the coming months, there will be further definition and clarification of the scope of this position, as we bring together budget, personnel and financial matters. Memo on Exams (Editor's note: The following is the text of a memorandum distributed to law students on Wednesday, November 12 concerning the spring examination schedule.) by Wade Newhouse and Mar jorie Girth Assistant Dean for Admissions, Student Affairs and Special conducted in the past.) 2) Responsible for the overall recruitment program. 3) Responsiblefortheadministrative aspects of the Legal Methods program, working closely with the Faculty Committee on Special Programs. It is important that The Registrar. This position is held by Helen Crosby. She will now report to the Associate Dean responsible for student matters (presently Marjorie Girth) with respect to academic records, and to the Assistant Dean for Admissions with respect to admissions and enrollment matters. responsibility for minority students and the Special Program should not be isolated from the general operation of admissions and stu- **** Marie McLeod will continue to work as an integral part of the admissions process and provide secretarial assistance dent affairs, but should be seen as an integral part of be reexamined during the next few months, as we do more detailed planning with respect to the computer operation and secretarial assistance for administrators and consider the addition of personnel to the third floor. Anna Maria Nikander joined the secretarial staff on Thursday, November 13. She is located in room 317 and provides secretarial assistance for Associate Dean Girth, Associate Dean Schlegel, Associate Dean Carrel and Assistant Dean Newell. (For the time being, Marie McLeod will also be available to assist Aundra Newell.) The faculty who, most recently, were assigned to Maria Calamita (Professors Carr and Ewing) will be reassigned in the secretarial pool for the faculty. Rita Thomson, who is paid from nonstate funds, will continue to be available on a parttime basis to provide assistance to Cleo. Publish Your Seminar Paper We are looking for well-writresearched papers which discuss public interest law subjects. If you would like to see your papers in print or are aware of seminar papers which should be published, please let us read them. Last year we were able to publish about one-fifth of the material we received. The authors of those papers we do publish will have an opportunity to revise their articles while working closely with the editorial staff of the magazine. Keep the possibility of publication by In the Public Interest in mind when selecting research topics in the future. All manuscripts for sub- In the Public Interest, a collectively-published review of law and society, is currently seeking articles for publication. The magazine is committed to printing articles which examine legal issues in their social, historical, and political contexts. The magazine has been in existence for six years and is distributed to law libraries, public interest law firms and organiza- ten and tions all over the country. Our main source of material has generally been seminar papers by law students, but we are also interested in receiving work by faculty members and law practitioners as well as writing from the perspectives of other disciplines. was made to begin classes one week later than usual because Labor Day occurred on September 1. The inevitable consequence of that decision was that examinations would also end one week later than usual. Under the normal course of events, the fall semester would begin at least a week before Labor Day and the exam schedule would obviously end several days earlier in December. However, if students feel so strongly about the ending date of the fall semester examinations, they should make their feelings known through the SBA and that would be taken into consideration in establishing the fall semester schedule in the fu- for CharlesWallin. (For the time being, she will continue to be available to assist Aundra Newell, as noted below.) The scope of her position will also 2 >flj r/Uff/Uy mission must be received no later than January 15th, 1987. To insure anonymity, your manuscript should be labeled with Social Security number only and placed, along with a sealed envelope with your social security number on the outside and your name, box number and phone number on the inside,in the Centerfor Public Interest Law box in the third floor mailroom or the envelope outside our office in Room 118. For more information about publication or if you are interested in working on the editing and publication of the magazine, contact Sara Nichols or Molly Dwyer, co-editors-inchief. QUALITY & SERVICE GUARANTEED: Niitiiri»H>", your %,ilisl,i< lion is >;u,ii.inlcc(l Also il ilic joh is ! I'M' linu ' lls Ik-si id i-iill iilifiul Xi iissurc- lli.il sonu-onr will Yj ifrnt/fni ■ B c a WORD: \ \ ————— 5-—? \£ffi HI < l>oti'l l<l inn iuklrcss fool you. We're only iipproximiilely il mini lies from Ihe Ami \< isi rumpus. oiivenieiilly lo< .n<-<l OTHER SERVICES AVAILABLE: I—j 41 i Sevtnth Avenue, Sidle 62 New York. New York 10001 (2U)W*-?696 (201)623-5365 CONVENIENT LOCATION: G/fUff/nk A TYPESTYLES AVAILABLE: Byj tff/nfln ture. frMff/Wt/j Ho TK/f/Hi %62 *il/7fil//f {/fnMf/Mi fZfflffift aa BBMBBBHHHBBBBHeBBiIBMB kU ie.isoii.ihle prices. I'lNli KIUGE GRAPHICS. December 3.1986 The Opinion f/HU/ni 13 �Library Crowding . Sizeland remarked that current seating in the library "barely meets ABA accreditation standards" and overcrowded library facilities "won't do much for us in the future" with either the ABA or the Gourman Report. The Law School recently plummeted from 17 to 39 in the report. One plan to assure law students room in the library is to increase the number of reserved seats during exams to 150. This would involve "making new spaces on the fourth and sixth floors," said Sizeland, because there aren't enough closed carrels now. Although the Library Committee is concerned that under- graduates seeking quiet places to study will be "displacing people who need to use the resources that are only in the Law Library," said Gibson, the Library Committee is reluctant to begin restricted access. UB is a state university and its service are supposed to be open to all. Sizeland says that the committee has "moral difficulties with restricting public facilites." Ethics aside, it would cost "$4OO-500" to hire staff to enforce restrictions against continued from page I people who don't need the library for law-related study. Any restriction on library use would also require approval by the University administration. The Student Bar Association, however, would endorse restricted access for class lines often hold a greater bond than the race and ethnic divisions that people are artificially setting up for us." In addition to networking, Professor Marcus emphasized the need for women and other minorities to become more vocal in the classroom. "I believe that faculty who are con- cerned about issues of racism and sexism in law schools do need the support of students in the class because there is a point at which, although one is in a position of authority, your position is much more tenuous in terms of your credibility with students." Donna Humphrey addressed the question of whether employers seeking to hire women look at the applicant as a person of color, or simply as a woman. White women, she said, are more likely to get job offers from private firms than a Black woman would "because they do not see me as a woman but exam Dear Vice President Wagner: periods if it became necessary because non-law students were crowding out law students. While noting that cost has always been an obstacle to the idea, SBA President Brett Gilbert also said that "there has always been a call to restrict" the library because "there's barely enough room for law students." Gilbert said he thinks the administration would be "more receptive" now due to the UGL takeover. I am a student who is concerned about the current shortage of library seating on this campus. I urge you not to make the situation worse by taking 200 study spaces located in the Undergraduate Library for use by administrators of the Undergraduate College. Restriction will not be necessary if the UGC proposal is turned down. The SBA sent "a strongly-worded letter" to Vice President for University Services Robert J. Wagner objecting to the use of UGL for office space. Gilbert will also try to meet with Wagner and emphasize the negative effect it would have on the Law School. Wagner will make a decision on the UGC plan December 5. Law Day begin to appreciate that this is not just a racial or ethnic kind of a situation. We are dealing in a.class struggle, and those Mr. Robert J. Wagner Vice President for University Services 520 Capen Hall as a minority person ... so my ability to grow in this field would be hampered first by the color of my skin." The first afternoon panel addressed the issue of affirmative action. The way you demonstrate a real commitment to a policy ofaffirmative action, said Carty-Bennia, is simply by hiring women and minorities. specifically, More she suggested that law school ad- ministrators should begin to talk with employers about the employment needs of women and minorities. "A law school cannot run an affirmative action program on the admissions level without doing something to insure, on the employment end of it, that there are going to be jobsfor those who get admitted." Similarly, Marcus proposed that women and minority students begin a process of communication with law school administrators about their experiences regarding the employment practices of those employers who interview at the school. Marcus considers this 1 an important step because "it is important not to keep these things private. It is important to make it a kind of public statement." The final panel discussion was on the topic of public sector vs. private sector employment. Assistant District Attorney Jerry McGrier indicated that working in the public sector provides certain advantages that the private sector does not have. "For one, you are given a lotof responsibility when you first get out of law school." This, he said, made him a better lawyer because "I progressed faster than many other people I went to school with who are now in the private sector." Mark Pierce, regional director for the NationalLabor Relations Board, agreed that, unlike the private sector, public service provides more opportunities for personal and professional growth. "From the first year I got this job with the NLRB they had me out there trying cases right away, interacting with other lawyers and forcing me to stand on my own two feet as Vandalism a large population of people other than law students, law faculty and staff that travel through this building and have access at any time," she said. Newell thinks it might be appropriate to increase security in the law school, "and not justbecause of these indicents." Her concern is that "we are so accessible, and additional security on a campus-wide level would be a step in the right direction." However, Newhouse expressed concern about increasing security. "You can't continued from page I post a guard in every hallway," he said. "That in itself would change the environment," as well as create an outpouring of student opposition. There are also the constraints of money and manpower. So far these incidents have been handled on an individual basis as they occur. Both Newell and Newhouse were concerned that publicity about or warnings against such activity would only encourage people to continue to behave in this manner. However, the knowledge that people in the law school are aware of the situation and that people will report such incidents may, in itself, be a deterrent, said Newell. In the long run, it wouldprobably not be possible to get rid of this type of behavior completely. As Newell said, "Whatever people are, they bring to this institution. You'rebound to have some problems like this. There's no way you can eradicate it totally other thanturning it into a police state and no one wants that." The UB Law School Recruit- of the students, faculty and staff of UBLaw School.The Committee is in need of high quality photographs which depict the cruitment efforts. One of the theme, "The Life of a Law Stuareas for development involves dent in Buffalo." Selected the creation of visual aids to photographs will be used in the help promote the Law School various visually-oriented mateto prospective applicants. rials to be developed for the reTo facilitate the creation of cruitment campaign. these visual aids, the commitThe Recruitment Committee tee is soliciting theparticipation encourages everyone to particiThe Opinion December 3,1986 14 in this project. If you are interested in participating, please attend an organizational meeting on Wednesday, December 3, in room 406 O'Brian Hall at 11 a.m. For further information please contact Errol Meidinger, Chairman, in room 529 O'Brian Hall or Aundra Newell, Assistant Dean in room 314 O'Brian Hall. (school) . . lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIH PROFESSIONAL • TYPESETTING p OFFSET • PRINTING E g • FAST SERVICE • COMPETITIVE PRICING [J MANY M • DIFFERENT continued frompage2 early as possible." According to Professor CartyBennia, the private sector has been far less responsive in the area of affirmative action with respect to lawyers. One reason, she said, has to do withtheway in which minority students structure their own courses. "Sometimes the self-selection that goes on with respect to not taking a predominant load of commercial, corporate kinds of courses can only work against us if we want to pursue a career in the private sector." But this problem, she maintained, is closely related to the question of affirmativeaction in legal education itself. "I think that if there was greater diversity, if there were more minority faculty teaching in the commercial law arena, more of us would in fact take more courses in that area. We would probably get turned on to it simply by seeing somebody else who is distinctly on that turf, and who has a prolonged interest in the area of commercial law." Overall, there was one common theme throughout Law Day: to learn to work together for common goals and common objectives, no matter how narrow those goals and objectives might be. E S* TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUMEPRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAYI ■ _ il IrifKO 3171 Main Street . (Kin S. Ot Wlnmp—l) °' NY ?/?|sjr-p 835-0100 1676 Nia. Falls Blvd. rofoTfcßC? '""*" •"" NY Tonawanda, IrirvJjJpp) Buffa| ""*" 834 7046 liiji!i>ii(iiiiiiiiii;iiiiiiiiii!iiiiiiiiiiiiiiiniiiiiiiiil Recruiting . .fmpages • from or career or chairperson by writing office, (212)233-0489 department plPraoce-gra,m formation ment NYC 220 New Urban Church callYork, at to: Director at their Fellows the St. theirschool NY Rm. 10013 338 pageH formation at their career placement office, the department chairperson at their school, or by writing to: Director NYC Urban Fellows Program 220 Church St. Rm. 338 New York, NY 10013 or call (212)233-0489 - HELP-WANTED Part-Time, Year-Round. Instructors Needed For L.S.A.T. Preparation Course. Candidate Must Possess BA, High Board Scores. Good Communication Skills. STANLEY H. KAPLAN Educational Center Ltd. 837-8022 Recruitment Cmte. to Meet ment Committee is in the process of developing new strategies and materials to aid in re- (signature) pate r \ 41} Seventh Avenue. Mte 62 New York. New York 10001 (212)f94-)696 (201) *25-5J6j * �III Wf W ■ ■ WHEN: Thursday, December 4 9:30 p.m. II 12:30 a.m. WHAT: Beer, Pop, Wings, 2-FOR-l DRINKS . BLike .. - WHERE: THE PIERCE ARROW 422 EVANS STREET ■ ■ J mjv WJ SBA Briefs END-OF-THE SEMESTER PRICE: $4 Admission To Write? Like To Meet People? 1 Like To Take Pictures? I Then We'd Like To Have You On Our Staff Come Work For The Opinion Next Semester II ■ [%l I I | from page y Please seek out the student members of the Library Committee (names on the SBA bulletin board) and tell them what you think. SBA PARTY. An END-OFTHE-SEMESTER Party will be held on Thursday, December 4, from 9 p.m. to ? at The Pierce Arrow. Free beer, wine, soda, and wings all for a nominal admission price. SBA social chairwoman, Robin Miller, worked hard on this one. She's doing a great job! Remember to keep Thursday, December 4 open. Well, that's it for now. Have a Happy Thanksgiving and may Cole and Deitz be with you! llppl)* i^B^^ The Opinion schedule for the 1987 Spring Semester is as follows: ISSUE 27:9 27:10 27:11 27:12 27:13 27:14 27:15 COPY DEADLINE* Tues., Jan. 20 Mon., Feb. 2 Mon., Feb. 16 Mon., Mar. 2 Mon., Mar. 16 Mon., Mar. 30 Mon., Apr. 13 LAYOUT* * Thur., Jan. 22 Thur., Feb. 5 Thur., Feb. 19 Thur., Mar. 5 Thur., Mar. 19 Thur., Apr. 2 Thur., Apr. .16 DATE OF PUBLICATION Wed., Jan. 28 Wed., Feb. I I Wed., Feb. 25 Wed., Mar. 1 I Wed., Mar. 25 Wed., Apr. 8 Tue.,Apr. 29 �Deadline is 12:00 noon. """Layout is in The Opinion office, room 724 O'Brian Hall at 5 p.m. All articles must be typed double-spaced. Submissions can be placed in the in,mil,i envelope outside The Opinion office, room 724 O'Brian Hall, or in mailbox 846. THE STAFF OF THE OPINION WISHES LUCK ON FINALS! teirff IPlfJfri December 3, 1986 The Opinion a 15 �- ■ " S 3rd. Yr. Head Rep. KEVIN COMSTOCK X^Xj^^ 1 *AYa4tA Head Rep: H. TODD BULLARD I Bernetta Bourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon Paul Kar P Katie Keib JaV Kennigsberg Alicia Lacappruccia Jay Lippman Dave Platt Rick Resnick 2nd. Yr. Head Rep. BARRY STOPPLER Steve Ricca Cora Alsante* Bob Mcßride** Colleen Rogers Debbie Rosenband Robin Rosenberg Jennifer Sanders Steve Balmer* Shari Berlowitz Mike Biehler** Mary Casey Joel Schecter Melanie Collins Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi Sam Spiritos Bonnie Mettica Gail Ellington** Susan Gass** Susan Gigacz Lois Liberman Ramon Perez Josh B. Rosenblum Nancy Steiger Barry Stopler Lisa Strain Jim Teirney John J. Williams Dana Young "please contact these people about then status ''associate reps 16 The Opinion December 3, 1986 VV^* &>>& «tio> ' «^^^^ '^^^^^* sss^^> to inquire � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6056585d2fedd61014e47c70b2e702c3.pdf b18b29ad670265f86063dc1e8813552d PDF Text Text Volume THE OPINION 27. No. 6 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 12, 1986 NY's Newly Passed Environmental Bond Act Will Cleanup State's Hazardous Waste Sites by Lisa Strain The Environmental Quality Bond Act, which New York State voters approved on Tuesday, November 4, was the sub- ject of an informal panel discussion at UB on Wednesday, October 29. The advantages and disadvantages of the bill were debated by two speakers — Laura Wagner and Milton Norsworthy discuss Bond Act. Milton Norsworthy, a plant manager at Olin Corporation, and Laura Wagner, of the New York Public Interest Research Group (NYPIRG). The Bond Act will provide for $1.45 billion to be raised for the sale of general obligation bonds. Most of this, $1.2 billion, will be dedicatedto cleaning up inactive hazardous waste sites, with $100 million available to municipalities to assist in closing non-hazardous municipal landfills. Of the 978 sites currently listed by the Department of Environmental Conservation (DEC) as most urgently needing cleanup, 216 are located in the Niagara Falls region. State general revenues will be used to pay the bonds, but industry fees willreimburse the State general "fund for one half of the debt service (principal and interest) incurred for cleaning up these sites. As Wagner explained, the main problem which might have inhibited passage of the Bond Act is that few people knew about it. According to a recent telephone survey conducted by NYPIRG, only 15 percent of those questioned knew anything about the Bond Act. However, 80 percent of the people questioned were in favor of it. Norsworthy, a memberof the Business Council and last year's Chair of theChemical Association of New York, stated that Olin Corporation is in favor of the Bond Act. Olin produces pesticide products and chemicals for making paints and bleaches. Many of these chemicals are considered hazardous. Norsworthy stressed the prob- lem of "orphan sites," for which no responsible party can be identified. The chemical industry is very interested in this issue. "It's not just the chemical companies" who have produced these sites, he said, but "other manufacturers and even municipalities" have contributed to them as well. "We know where our sites are, then you turn around and make us pay for other sites too." The Bond Act monies dedicated for hazardous waste cleanup would be used for "Class 2" sites, those which are classified by DEC as presenting "an imminent danger" to public health and safety, Wagner said. The danger stems from the potential contamination of the groundwater supply, as well as from general exposure to hazardous wastes within the site. The problem with avoiding landfill storage as an alternative, Norsworthy stated, is that continued on page 13 Former Teacher Recounts Trip to Chile by Krista Hughes Only about 20 students showed up on Wednesday, October 29 to hear former Ken- more school teacher Carol Alt discuss "Images of Chile," and her impressions of the current state of siege in that country. The hour-long talk was sponsored jointly by the Latin American Task Force of the National Lawyers' Guild, the Latin, Asian and Native American Law Students Association (LANALSA), and the Buffalo Public Interest Law Program (BPILP). Mrs. Alt's discussion focused on a slideshow of pictures from her recent trip to Chile. She was one of eight American members of the United Church of Christ (UCC) who were sent to Chile by the United Church Board of World Ministries and the UCC Officefor Church in Society. They were hosted by the Latin American Council of Churches. The group prepared a report of their two-week stay in Chile which listed their aims as: "to study the human rights situation; and to bond the partnership formed one year ago between the UCC and the Pentecostal Church of Chile." Mrs. Alt remarked that it might seem strange that the UCC would form a partnership with the Pentecostal Church; however, both groups are very concerned with human rights, and the UCC is hoping to find ways to improve the political, social and economic situation in an extremely poor and oppressed country. Mrs. Alt, who taught in the Kenmore-Tonawanda school system for 19 years, had taken a leaye of absence two years ago to work on a masters degree in nutrition. Her intent was to use her knowledge to help in Third World countries. Her recent trip to Chile was the second of such trips. She spent some time in Nicaragua in January. Mrs. Alt's group, composed of five ministers and three laywomen from all over the United States, arrived in Santiago, Chile on the morning of Sunday, September 7. It was that night that an attempt was made on the life of General Agosto Pinochet Ugarte, the military leader of Chile. That at- on Pinochet's life plunged Chile into a state of tempt icans were probably flying some of the planes which were involved in the attack on Allende. Mrs. Alt explained that there are three kinds of "states;" a of danger, state of emergency, and state of siege. The report of the factfinding state team indicated'that during a state of siege, homes may be searched without warrants, all public meetings are banned, all opposition news services are suspended, and strict curfews are enforced. Mrs. Alt estimated that in the 13 years in continued on page 14 siege. Pinochet, withthe help of the CIA, seized power in Chile in 1973, with the assassination of socialist leader Salvador Allende. Allende was killed while in La Moneda, the capitol building in Santiago. Mrs. Alt showed a picture of the plaza which houses the government buildings, and pointed out that the surrounding buildings still bear the marks of bullets which were fired in 1973 during the military coup. One of the group's tour guides had suggested that "Chilean pilots could not have done such a good job," and the general feeling was and still is that Amer- Students are told truth behind "arpieres." Canadian and American Rights Discussed Canadian civil liberties was the topic of a colloquim held at the Law School on October 24. Two speakers and two commentators discussed at length the state of individual rights north of the border and what effect the Charter of Rights and Freedoms may have on them. The four panelists were June Callwood, columnist for the Toronto Globe and Mail and vice president of the Canadian Civil Liberties Association; Jamie Cameron, professor of Canadian and United States Constitutional Law at Osgoode Hall Law School at York University in Toronto; Edgar Friedenberg, professor of education and \ sociology at Dalhousie University in Nova Scotia and a visiting professor at UB this year; and David Fraser, also of Dalhousie, a visiting professor at theLaw School. Speaking first, Callwood introduced a recurring theme of the colloquium, the difference between Canadian and American perceptions of civil liberties. According to Callwood, Canadians trust the state and believe in authority, unlike Americans. "The American Revolution created two countries," she said, "All the people sympathetic to the rights of the individual and overthrowing the state went to the United States and all of those who were to- tally opposed to the rights of , the individual, admired the state, and admired tradition went to Canada." Sharing a continent with a nation devoted to individualism forced Canadians to emphasize their own love of the state to maintain their own identity. A "garrison mentality" created by threats of invasion from the south "tended to reinforce the Canadian attitudes of love of state and tradition, intensifying them to make a distinction" between the two countries separated by an imaginary line of latitude. These attitudes were all Canadians had to create a difference. "American have a unifying picture of themselves but in Canada people live in cultural clusters and have no larger loyalty to Canada. We couldn't imagine a House-un-Canadian Activities Committee; none of us could ever identify what it is to be Canadian." Because of the style of Canadian law, said Callwood, civil liberties haven't been considered very important there even under the "Americanizing" influence of the 1982 Charter of Rights and Freedoms. Canada "still tends to control all kinds of social problems with continued on puge 12 . Inside... The FBI TheCDO 2 .6 7 GSL The Boy Mechanic 9 10 SBA Briefs Buffalo's Bars . ... 15 �BLSA and LANALSA Hold Pot-Luck Supper Students and faculty had the opportunity to sample everything from the ordinary to the exotic at the "Faculty Cultural Culinary Social" held at 6 p.m. on Thursday, October 23 in the fifth floor faculty lounge. The event was co-sponsored by the George and Wade enjoy casual conversation before dinner. Black Law StudentsAssociation and the Latin, Asian & Native AmericanLaw StudentsAssociation. Those in attendance treated their palates to everything from lo mem curry to rice and beans to Buffalo chicken wings. And, for those with a sweet tooth, there was cheesecake, peach cobbler, and rum chocolate cake with cherries, among other diet-shattering desserts. In addition to the food, the approximately 50 people in attendance were also treated to music and poetry readings. and a pair of students do likewise The FBI: Looking for a Few Good Law Students by Paul W. Kullman In pointing out that the Federal Bureau of Investigation is "always" looking for law students, special agent Mike Kogut said chances for employment with the agency are especially "excellent" for graduates over the next five years. Kogut, along with partner Paul Moskal, spoke with students on Friday, October 24 in O'BrianHall room 210 on career opportunities with the FBI. Kogut said that over the next five years, the agency will replace approximately 50 percent of its 8,800 employees nationwide. A native of Buffalo and a 21-year veteran of the agency, Kogut said the FBI remains the law enforcement principal agency in the country, responsiblefor investigating 250 viola- tions of federal law. "And the list continues to grow. "We're anticipating a very large hiring year because of the number of agents retiring," he said. "You can retire after 20 years if you reach age 50." Kogut said that traditionally, the FBI has especially recruited from two segments of the education population; those seg- ments including people with law and accounting degrees. "Because today's society is ready to sue at the drop of a hat, we need people to serve as advisors to the FBI," he said. "And we need accountants because of the growing number of white collar crime. We've gotten out of gambling, prostitution, and extortion as these crimes have gone down. "More money leaves through embezzlement now than bank robberies," he continued. "The average bank robbery nets $2,000-2,500 whereas the average embezzler makes around $100,000." Kogut said there are three other areas from which the FBI seeks to recruit people: foreign languages, the sciences, and those possessing a "diver- sified" background. He said the agency employs a seven-step "deselection process" to determine which candidates will go on to become special agents. The first step, according to Kogut, involves taking a written exam which tests memory, reading comprehension, psychological profile and personality traits. Assuming a candidate scores enough points, Kogut said the next step involves a personal interview. "We're looking for certain personality traits. Prior conduct predicts future conduct." Next, a background investigation is conducted and the candidate must undergo a complete physical. Kogut said the investigation of one candidate costs the agency about $12,000. Step four involves a physical fitness test and step five requires a drug test, including a urinalysis, Kogut said. Step six calls for the agency to make a "broad base selection. We look at the total picture" of a candidate, he said. If selected,, a candidate then spends 16 weeks at the FBI Academy in Quantico, Virginia. Once there, according to Kogut, a candidate takes the equivalent of an undergraduate load of courses; learns to use firearms; and undergoes a series of physical fitness tests. Pending satisfactory comple- first four years. After their fourth year, they are placed in one of the agency's "top 12 offices" like Chicago or San Diego. Agents do have some input in this placement according to Kogut. "After that time, you can pick the place you want tion, the final step involves acceptance into the agency and to go." Kogut said salariesfor special agents start at $24,011. But, when a candidate is assigned to his or herfirst bureau, some- assignment to a bureau. The total process takes approximately nine months to a year to complete. Kogut said after joining the FBI, agents must be willing to accept transfers during their time before the end of the first year, the salary jumps to $30,000. While the FBI currently em- ploys 8,800 agents, only 650 are women, according to Kogut. "We're especially looking for women and minorities." Kogut said an agent's "typical" hours run from 8:15 a.m. to 5 p.m., "but you're subject to call-ins at all hours of the day Nevertheless, and night." Kogut said he can't think of a more rewarding job. "Based on my 21 years, I can't conceive of a job with a higher level of independence, decisionmaking, executives pay, and the ability to belong to an elite group." UB Law Grad Discusses FBI Career: "Excellent Opportunities" Are Available by Paul W. Kullman agency's in-house counsel in Washington, D.C. Currently, this division employs 60-75 attorneys." The second way is to become a principal legal advisor, the position which Mos- Law students interested in careers "at the cutting edge" where they will have to use their legal education "to tell when the gray starts to turn white or black" ought to consider the Federal Bureau of In- kal holds. "In my position, you provide continuing legal education to the agents in your department," he said. "You tell your people what the state courts say, what the Supreme Court vestigation, according to special agent Paul Moskal. Moskal, a UB Law School graduate, and partner Mike Kogut spoke to a group of 21 students on Friday, October 24 in O'Brian Hall room 210 on career opportunties with the FBI. Kogut said the agency will replace approximately 50 percent of its 8,800 employees within the next five years so op- portunities are "excellent." According to Moskal, there are two ways to use a legal education within the FBI. The first is to become a part of the says. You review every affidavit for a search warrant, wire tap, etc. You do everything you could imagine." Despite his legal duties, Moskal said he considers himself a special agent "first and foremost," and "then an attorney." The seven year veteran - said that while he clerked for an attorney during law school, he knew he wanted something dif- ferent after graduation. "I wanted to be a Sherlock Holmes, a James Rockford," Moskal said. "I felt I could practice law any time, and that I could always go back if I didn't like it at the FBI." Moskal, who began his career in the Buffalo office, also worked in New York; Monterrey, California; Cleveland; and San Diego before choosing to come back to Buffalo. Recently, he's been involved with the bank robbery incident at the Clarence Mall where one of the suspects claimed to have a bomb, and the threatened hijacking incident at Buffalo International Airport. "As the crimes have become more complex, the laws have become more complex," Moskal said. "Thus the need for attorneys." Law School Yearbook Needs Student Volunteers The Advocate, last year's yearbook. To gauge student interest, two fliers were sent out at the beginning of the semester. According to Newell, eight students responded. An organizational meeting was then held, Newell said the students and but only three students atadministrators involved in the tended. yearbook so far are very "gung Newell feels the yearbook ho," but plans aren't set yet. can be published by eight stu"We're trying to get some dents, "as long as the interest sense of student support." and expertise is there," She Last year a yearbook for the pointed out that last year's AdvoLaw School was published for cate was published by a small the first time in 12 years, acnumber of people. cording to Newell. "We would SBA Vice President Jack not like to lose the momentum Luzier, a third year studentwho now." attended the organizational Newell explained that as the meeting, feels that more stunew assistant dean of admisdents are needed. "Everybody sions and student activities, she loves (the yearbook), but we felt it was her duty to explore need people to back it up." Luzier explained that working the possibilities of continuing The Opinion November 12, 1986 by Vincent Doyle Efforts to publish a Law School yearbook for 1986-87 are underway, but organizers are searching for more student volunteers, according to Assistant Dean Aundra Newell. 2 . on the yearbook would not be a "large commitment. "My view is if we get enough people together to put in enough and organize it well, time we can do it." Newell also feels that careful organization is necessary for the yearbook to be a success. She remarked that with good organization, an early start, and an adequate budget, this year's Advocate could be better than last year's. Last year's Advocate was received with "a very positive reaction," according to Newell. The 104-page book contained photographs and biographies of the graduating students along with photographs of the various Law School activities. Luzier thinks last year's book was very good. "Overall, last year's book was great. With a larger number of people contributing, it can be better." " Getting it off the ground was the greatest contribution of last year and I just want to keep it going," said Luzier. Newell said that any interested students should contact her in O'Brian Hall room 312. Luzier added that interested students can also leave him a note in his mailbox, #710. HHMHHHLiHHMHrfIHHHHHHLIHHHH \ m \S 9 HVTMVnn WUKIJ: dw '• 41) Seventh Avenue. Mtt (2 New York. New York 10001 \ h gj QlljfMm (»OI)«5-5X3 b h hii ii mmmmm huhran m m m h ■■■ �JOIEPHION WM-TMm mmVmmL\tmm mWm\ September w MillwEH m Wfll SSSSESS 15^ ■■■■■■■ ■■■■■■■ ■■■ 'Wit 1 ■■■■■■■ BAR REVIEW COURSE <rv ii 1/Is(muit! October FREE MPRE with course (excluding Michigan) 25% off Kluwer Legal Study Aids (one f/rne on/y) FREE BookbdQ ■ ■ ■ v .A^^^^sa^^^;. HiHH|H|H|H|[|K HI ' • jßf| ••''■ 31 31 31 31 November Iril For more information contact your campus representative or •• ■■■■■■■ ■■■■■■■ ,n jLOAi l/fllj : 31 ■> fil HI aaj Kfl MB] H IT "^^ BPr^'7jWi'v^B^!Bl BBriEf^BkllßwHH LEGAL EDUCATIONAL CENTERS, INC iO Eosl 21st Street, Suite 1206-7 New York, NY ] 0010 (212) 50.5 2060 or (800) 421-4577 1986, Josephson-'Kiuwe' Legal Educational Centers, November 12, 1986 The Opinion 3 �i Ist and 2nd Year I Students!! •J You'll get first hand experience in the courtroom right from the start. In three years, you could handle more than 3,000 cases in a wide variety of subjects from international to con- i J I I tracts to criminal law. I Marine Corps Officer and lawyer, talk with the Marine Corps Officer Selection Officer when he visits your campus. More than 190,000 Marines could use your service. MmSVC L „ . . For an appointment call (716) 846-4911 or 1-800-FOR-USMC j i m 4 The Opinion November 12, 1986 . .*^£bW �Nader Addresses Public InterestLaw Students Over 60 law students representing 30 law schools from across the country gathered in Washington, DC for a three day conference on public interest law. The October 17-19 conference was sponsored by the National Association for Public Interest Law (NAPIL), an association of law school-based public interest funding organizations. Many of the conference attendees were leaders of income-sharing programs at their schools. These programs provide funding for law students and lawyers working for public interest groups and under-represented segments of the population. The law student and alumni members of incomesharing programs contribute a percentage of their summer or representation. Together they raise over $500,000 annually for summer grants and full-year fellowships. Douglas Phelps, former administrator for public service placement at Harvard Law School, referred to such efforts as "the most commendable development of the past decade when it comes to the legal profession taking responsibility for insuring the survival and growth of public interest law." ference. This manual is a step- torneys working in low-paying and interests that are often excluded from the courts and legislatures gain access to legal manual are available from the association's office at 215 Avenue, SE Pennsylvania interest work. Activities at the three day conference included workshops on promoting public interest work within law schools. yearly salary to help persons To assist schools without existing programs, NAPIL unveiled its new publication, "Tithing for Justice," at the con- by-step guide to establishing an income-sharing program and supplements the clearinghouse services already provided by the association. Copies of the . Washington, DC 20003. Michael Caudell-Feagan, NAPIL's executive director, said, "NAPIL was set up by law students to help those dedicated to serving the public interest. This manual is simply a first step. Much more is planned." NAPIL currently distributes a newsletter and travels to law schools throughout the country to tell students about the potential of income-sharing. Soon NAPIL will release a manual on loan forgiveness programs (law school programs designed to alleviate the debt burden of atpublic interest jobs), and a compilation of resources available for students interested in public involving the bar more actively in funding programs, and establishing clearinghouse services for public interest employment opportunities. Prominent public interest lawyers led panel discussions on the role of the public interest lawyer and Ralph Nader. He challenged law students to act now to remove the injustices which exist in the law school classroom, legal curriculum and legal community. Nader noted, "Too often law students concentrate on developing their analytical skills the needfor law school reform. Speakers included: Joel Ario, but allow their normative skills to atrophy. Law schools narrow the brightest minds by teaching them to play logic games while ignoring rampant injustice." coordinatorof nationalprojects for the Public Interest Research Groups; Barbara Bezdek, assistant professor of law at the new City University of New York Law School; Alan Houseman, director of the Center for Law and Social Policy; Ellyn Weiss, general counsel to the Union of Concerned Scientists and partner at Harmon and Weiss; and Bill Roberts, counsel to the House of Representatives Subcommittee on Commerce, Nader encouraged students to open their eyes by leaving the library and spending time in poverty stricken areas or in communities with toxic waste dumps in their back yards. "Take the anger that you'll feel back with you into the classroom and start working to change a legal system which so grossly misallocates legal talent," he added. Transportation and Tourism. The conference concluded with an inspirational address by New York DA Elmore Tells ofLife in the Big Apple by Shelley Rene Rice John Elmore, an assistant district attorney from NewYork City, spoke to students about the benefits of working in the New York City District Attorney's Office. Elmore was polished, professional, and well-dressed, and this expelled any of my illusions that as an assistant district attorney I would be destined to live a poverty-striken subsistence existence, and a polyester-suit destiny. A graduate of Syracuse University and a former New York State Trooper, he felt right at home in Buffalo, reminiscing about his nightmares of taking the bar exam in O'Brian Hall. He sincerely seemed to enjoy his job and stressed that a prosecutor's job is "not to obtain convictions, but to do justice. to protect victims, not to convict innocent people." Elmore assured us that working in the New York City District Attorney's Office is good .training to be- come a trial attorney. New entrants go through a three week orientation, with extensive training in trial technique and evidence, and sign up for a three year commitment to the prosecutor's office. On the average, an assistant district attorney works from 8 a.m. to 7 p.m., with mandatory night duty. The NewYork City District Attorney's Office allows new entrants to litigate prior -to being admitted to the bar, but they must pass the barafter sitting three times, or they will be asked to resign. Most assistant district attorney's go on to other careers after four years. The starting salary of an assistant district attorney is $24,000 with a $1,000 increase after passing the bar, then periodic increases up to $10,000 over a three year period. The NewYork City District Attorney's Office is seeking to hire mature individuals with discretionwho are organized and able to work independently. Third year students interested in getting appointed to the New York City District Attorney's Office full time in 1987 should submit a letter and resume by February 1987. Summer internship posi- tions are available for first and second year students. The internship program begins in June and lasts ten weeks. It includes a three week training program, and it allows interns to accompany district attorney into ac- . tual litigation proceedings. Interns are paid $100 per week, and may be subsidized by college work study or some other award. Summer housing is. available at Columbia University. Interested first and second year students should apply in December 1986 for the 1987 summer internship program. Library Exhibit Policy The Law Library display cases are available to members of the law school community (law students, faculty and librarians) for law-related exhibits. Space is available as provided in the American Library Association's Library Bill of Rights, sec. 6 which reads: Libraries which make exhibit to the public they serve should make such spaces... available facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. Requests for exhibit space should be directed to Professor Gibson, Law Library Director, 205 O'Brian Hall. Requests will be handled in the order received and on a space available basis. Exhibits will be limited to a duration of one month. Attention! «sP^Class of 1987 and 1988 <£> Save $100 off the 1987 course price when you register for BAR/BRl's New York, New Jersey or any New England State Bar Review Course. STATE NEW YORK . 1987 REGULAR TUITION MV\ |ERSF> $895 $695 MASS., CONN.. \ 1.. MAIN! VII. $795 DISCOUNT $795 $595 100 VPIWW $50 REGISTRATION FEE IN NEW YORK NEW JERSEY OR ANY 4issiw\m \\i\i NFW INLVV FN GLAND STATE \l\\ RESERVES THIS PRICE. *' YOU PAY ONLY \|\\ H)KK $095 iQXQI/vf f imhi U)Kk »: It vii M ' i iwk omwonwi \iiii -wis i ISOSION \I\SS\CMI smSLUHh ' "' November 12,1986 The Opinion —— 5 �... Getting a Job and Keeping It CDO and Go! Go! Go! Intro to CDO Sources and Job Hunting Tips Doled Out by John Bonazzi If there is one thing that makes law students cringe — even more so than a Bill Rehnquist Restrictive Covenant or Great Dean Search the Travesty —it has to be the search for the meaning of the Law School cosmos: a job. It must be quite distressing for students to realize that after three years of work, there is then the necessity to go searching for even morework.lt is just enough to make one give up law and take on something that requires no skill or competence like a business degree, for example. One wonders where to begin. That is what this article is all about. (It beats reading Contracts.) For those who see the job search process as the equiget valent of "On your mark set... get set... get 5et...," — .. Once you've convinced the people in your officethat you're both motivatedand competent, you should begin to make contacts. Talk to the attorneys. They love to give advice. Ask them. Find out what the employment picture is both in that firm and in that job market. Chances are that if your boss can't hire you, he will know of someone in that market who will. An important variable here is market proximity. That is, how far removed from Buffalo the job market you wish to work in is located. The reason for this, of course, is that the familiarity of our school's reputation is in- versely proportional to the distance of a particular market from Buffalo. While we are becoming better known outside of Western New York each and every year, graduates will still you'll be pleased to learn that find it somewhat difficult to crack new markets. things aren't really that bad. The Law School has a solid When networking, especially career assistance program with when it is in a distant city like Philadelphia or Boston, the perhelpful resources and the personnel (even if there are only sons) to contact are alumni. two of them) to provide valuAlumni can be especially helpable assistance. ful in describing the job market In general, the first thing to in that area and providing do is to learn about the legal leads. Be aware of one fact, field. By becoming familiar with however; while alumni can be the entire field, one can then helpful, they will be very critical, as they don't want you to make informed and even semirational choices regarding inruin their reputation, or the terests and career paths. Until She implores students to take advantage of this program, noting that only a very disappointing few did so last year. For more information, please see CDO. Another resource is the Career Panels that visit the school. If you attendedthe one heldrecently on ManhattanDistrict Attorney office positions, you probably gota feel for what they are all about. There will be more of these in the spring. If you are interested in a public interest career, you've come to the right school! Besides an active public interest student organization, there is a public interest advisor, Diane Dean, located in room 627. By being placed on the Public Interest Mailing List, you will receive notices of available public interest internships and positions. Ms. Dean is always happy to review resumes and cover letters for public interest positions. In addition, CDO co-sponsors the Public Interest/Public Service Symposium in New York City each year. This worthwhile program offers the public interest-oriented student the opportunity for a job search among a group of assembled organizations committed to that area. Student resumes are you've accomplished this the rest is just a waste of everyone's time. A really good way to explore the law profession is to become familiar with certain helpful publications. Two good ones are The National Law Journal and Student Lawyer, an ABA publication with articles of interest to the law student. Once you have an idea of where you want to go, the next step is discovering specific information about the job market in the legal and geographical areas in which you wish to work. There are many ways to do this as you'll see, and net- working is certainly an important one. Networking is a process in which, while working in a chosen area of law, the student makes contacts and uses those contacts to develop new internship/job leads. If, for example, you are interersted in doing civil litigation in Buffalo, you would want to start by networking. The first step would be to work one-on-one with a local attorney currently involved in litigation work. This not only allows you the opportunity to truly evaluate your interest in this area, but also to learn some valuable pointers, and more importantly, meet the people in Buffalo who practice civil litiga- — seeking help. CDO director Audrey Koscielniak. school's for that matter. You may be wondering how to get the ball rolling in thefirst place. How do you develop contacts, or set up an internship? Thankfully, the Career Development Office in general, and Audrey Koscielniak in particular, have set up some very interesting programs to get that ball rolling. An absolutely fantastic way to establish that initial contact fs by taking advantage of CDO's One-to-One Program. In this program, students spend a halfday with an attorney, observing them in practice. This gives the tion law. While it may seem obvious, the next thing is to do a great student a sense of what law job. Good attorneys are a dime practice is all about, and allows dozen; outstanding ones a are a rare (and sought after) the student to make better-informed placement decisions. commodity. Get involved in CDO maintains a card file on your job, even if it is only a five or ten hour per week position. participating attorneys. There Make them your five or ten are available different types of most enthusiastic and motilaw practice and different firm vated hours. (Except for Thurssizes. Ms. Koscielniak stresses day night Bennigans' parties, of that this is not a job placement program, but an opportunity to coursel) Show a continuing interest in the attorney's work see what the law is all about. and volunteer for assignments As she said, "You can't make when possible. career decisions in a vacuum." The Opinion November 12, 1986 6 the school each year for student interviews. Notices of these recruitment trips are put up outside CDO. Assuming you've identified the firm or organization you wish to apply to, you should then research it. Learning about the firm and its strengths and opportunities is the one thing that law students fail to do most. There is nothing more embarrassing than being asked in an interview about that firm and not being able to give an informedresponse. If that isn't a kiss of death, then nothing is. Once you've learned about the firm (contacts are important not only for the leads, but for this information too!) you should set up an interview. This is where CDO comes in. However, remember: CDO assists the student; it doesn't do the work for the student. The first thing to prepare is your resume. CDO, always bombarded with questions and pleas for assistance, will be glad to help, but asks that you help yourself first. In other words, attend a resume workshop prior to seeing CDO for help in putting together that resume! Resume workshops are being held presently consult the previous CDO newsletter for information on these. Along with the resume, an interesting and well-written cover letter will do wonders in getting you an interview. Do not look at this as an unimportant resume enclosure. Many times, it is the cover letter, and not the resume, that secures the applicant an interview. Again, CDO (and the Public Interest Office if that is your career choice) is happy to help, but you should attend a workshop prior to accepted, and job interviews are granted. Again, see CDOfor details on this. Once you've done all this and have acquainted yourself with the area of law you wish to practice in, the next thing to do is get that position! CDO maintains a Job Book, in which listings are kept on various legal positions. Leads for jobs and internships are posted on the bulletin board outside CDO. Also, firms and organizations recruiting for positions are brought to CDO can also be helpful in assisting you with the initial contact, interview, and follow-up. You should keep CDO informed of the status of your job hunt. When you become aware that you will not be accepting an offerthat has been extended to you, you should decline the offer immediately. By doing this, you allow the employer to extend the offer to another deserving person, and don't poison the CDO-Contact relationship, so that students in future years are able to use this source. For a refresher on job search standards, see the CDO newsletter dated October 24. Another service that CDO is currently putting together, which will be very valuable to students conducting their job search, and which will make that job search infinitely easier, is the computerization of all employment data. It will work like this: a student punches into the computer the area of law, the geographic region, and the size firm s/he is interested in, and the computer will spit out all of the firms and organizations that fit that description. Think of the *<—• enormous time-saver this will be! (If only legal research could be so easy!) One problem, though. Because our Law School obviously views CDO with having allof the importance of, say, our Committee, Search Dean they've limited that office to two people. Not exactly NYU or Harvard, who have as many people on their staff as we have people unable to find parking every morning. (Now, that's a lot of people!) As a result, even the first year students may never see this service; never mind the second and third year students, who need it most. Presently, the CDO staff must work on this project during their spare time. It will require hundreds and hundreds of* hours and probably will not be in existence in even its most basic form until 1988, and not available in any useful forrp until 1990, unless CDO gets some much-needed help with this. Since this is for the students' benefit, a couple of hours a week invested by each student would go a long way in getting this service on line by late next year. In sum, if you're a third year student and any of this article came as a surprise, you'd better get hopping. Job security is about to pass you by! For second year students, you should be well on your way to making contacts, setting up summer internships and, in general, beginning the networking process described above. Next year will generally be too late. For first year students, you need to get started now. At the risk of adding to the stress of the current year, you should bear in mind that, in many respects, this year's grades are the most important you'll receive.You need to dowell if you are to land a corporate or other high-paying, competitive position. You should be attending the resume workshops and participating in the One-to-One Program. Don't be left out in the cold. It may seem very early to you, but actually, deadlines for some summer internships are quickly You approaching. should begin exploring the possibilities soon. Besides, it beats Civil Procedure. And there's much less reading! Remember, the job search will be only as productive or traumatic as you make it. — — Summer Legal Program The editors of the National and Federal Legal Employment Report announce the publication of the 1987Summer Legal Employment Guide. This seventh annual edition of the Guide contains detailed information about hundreds of legal positions for law students available in Summer, 1987 with 65 Federal departments and agencies, plus international organizations and Legal Services Corporation Grantee Programs and National Support Centers. Each Guide entry lists thefollowing program information: Application address •• Salary or. stipend requirements •• Eligibility Number of positions Application deadline •• Program description Application forms • Order the 1987 Guide now so that you will be able to apply early for these highly competitive positions. Single copies of the 1987 Guide are $12, including postage and handling. Orders of 10 or more copies are $10 each. Copies may be orderedfrom Federal Reports, Inc., 1010 Vermont Avenue, N.W., Suite 408, Washington, D.C. 20006. Visa/ MasterCard accepted, call (202) 393-3311. �Amount of GSL Dollars Available Increases by Kathy Peterangelo Johnson As many of you may know by now, there has been an important piece of legislation signed by President Reagan on Oc- tober 20 which will affect the processing procedures for Guaranteed Student Loan applicants. Some of the changes resulting from this enactment will be of benefit to you; however, as usual, most of the changes will cause problems in getting GSL funding. The good news is that the new legislation increases the amount of GSL and ALAS (now known as SLS Supplemental Loans for Students) funding annually available to students. Beginning next year, students can request up to $7,500/year from the GSL program and $4,000/ year from ALAS. Presently, there is a $5,000/year cap or GSL and $3,000/year cap on ALAS. Now for the BAD news Effective as of October 20, all schools are required to use a Family Contribution (F.C.) in as- - ... and a corresponding F.C. (depending on the number of persons in the household). As long as you were not in receipt of sessing your GSL eligibility. The Family Contribution is calculatedfrom the information on the Financial Aid Form (FAF). How does this change things? Well, prior to that date, the school was not required to use a Family Contribution as long as the combined family adjusted gross income was less than $30,000. In other words, if your total family income was less than $30,000, the formula used to determine your GSL eligibility was basically cost of attendance less aid. Under the new regulations, a Family Contribution will be used in calculating your GSL eligibility even" if the income is under $30,000. The formula used to calculate your GSL in all cases as ofOctober 20 is cost less aid, LESS FAMILY CONTRIBUTION. For many of you, the implementation of the new GSL formula will not have a significant effect; however, it is quite possible that the inclusion of the F.C. may reduce the amount of GSL monies which you may NDSL or CWS, the school could use the F.C. from either the FAF or federal charts. In such cases, the school would use the lower of the two figures in order to ensure you of the maximum loan eligibility. Under the new regs, the federal charts have been eliminated. As a result, the Family Contribution as derived from the FAF is the only acceptable figure which the school may use. This may result in a larger F.C. than that used in previous years, especially for families with significant assets. ALAS eligibility will still be receive. For students whose family incomes have always exceeded $30,000 (and thus a F.C. has always been used in assessing their eligibility for a GSL), the new legislation may also have an effect on you. In the past, the F.C. could be derived from one of two sources. In most cases, theF.C. was calculated from the information on the FAF using a federal formula. The school could also derive the F.C. by using federal charts. These charts listed an income level calculated using the formula of cost less aid. An F.C. is not used in determining your eligibility for ALAS. Please stop by if you have any questions pertaining to these changes. As more information becomes available, I'll let you know. Financial AidForms Are Now Available in Spanish Spanish-speaking New Yorkers will now be able to request state student financial aid using applications written in their native language. Dr. Dolores E. Cross, President of the New York State Higher Education Corporation Services announced Wednesday, October 29. Twenty-two thousand Spanish-language versions of the 1986-87 New York State Student Payment Application are being distributed this week to colleges, high schools, public libraries, and various community-based organizations statewide— marking the first time the form has been available in a language other than English. Free copies may also be requested by writing to: "Solicitud Para Pagos Estudiantiles," NYSHESC, 99 Washington Avenue, Albany, New York 12255. The Student Payment Application is used to request financial aid through 14 major state grant and scholarship programs, including the Tuition Assistance Program (TAP) and the Regents College Scholarships Program. It also contains general information regarding each program, such as eligibility requirements and maximum award amounts. The application booklet is reprinted annually, in accordance with pro- gram changes. "From now on, the application will also be printed in Spanish on an annual basis," said Dr. Cross. "By making it available in Spanish, we hope to encourage more Hispanic students and parents and prospective students to explore the various state financial aid opportunities and apply for appropriate assistance." "Higher education is more critical for the future of Hispanics now than ever before," said Shirley Rodriguez Remeneski, executive director of the Governor's Office for His"I applaud panic Affairs. HESC's decision to make the Jack Kemp Hails Federal Tax Reform Now It's Time to Tackle N.Y. State — Washington, D.C. Rep. Jack Kemp (R-N.Y.) participating in President Reagan's signing of the Tax Reform Act of 1986 on the White House lawn hailed the new legislation, and in a telegram to New York's Gov. Cuomo called for "an immediate, and top priority plan to reduce New York State's incentive-crushing income tax rates." "After many premature reports of its death," said Kemp, "tax reform is now a reality. While I would have done some things differently, this new bill is a real winner for the American worker and a triumph for the American system. I am honored to have played a role in helping to forge the goals of tax reform, beginning in earnest with the 1981 tax rate cut and continuing with the bipartisan tax reform bill signed by the President today." Kemp said, "I am especially pleased that the new tax bill contains key features of the Kemp-Kasten plan: about the same top income tax rate, a full $2,000 personal exemption to help America's families, re- moval of 6 1/2 million poor people from the tax rolls, and retention of important middle income deductions like home mortgage interest, property tax, and workers' fringe benefits." In a telegram to Governor Cuomo, Kemp said, "But Federal cuts even a more urgent priority than before. New York suffers from the highest, most economically destructive, and most onerous state taxes in the country. I agree withSenator Moynihan thatwhen it comes to taxes 'We are first; there is no second.' Can anyone seriously deny that NewYork's high state tax rates are the greatest impediment to a full state employment economy and that they are undermining our competitiveness against states like Connecticut and New Jersey with much lower income tax rates? New York State and Business Council President Raymond T. Schuler was absolutely on the mark when he said that 'an excessive personal income tax is already New York's greatest single disadvantage in competition for jobs and businesses with other states.'" "Yet, unless immediate action is taken," said Kemp, "our State tax burden will increase even more. At the same time that Federal taxes will decline on New Yorker's by $1.6 billion next year, New York State taxes will rise by between $2.0 and $2.4 billion, and the City will reap a $300 millionwindfall because of the linkage between Federal and State/local taxes. On the federal level the loss of various deductions will be offset by much lower tax rates, but at the State and City level taxes will increase dramati- cally, unless tax rates are also reduced." Kemp also said in his telegram to Governor Cuomo that: "Moreover, the reduction of federal tax rates will make New York's high State tax rates stand out more than ever like a sore thumb.The brunt of every additional New York State and local tax dollar will be magnified by up to 44 percent, further exacerbating our competitive position and putting even more pressure on New York State officials to provide some measure of relief to our hard-pressed State taxpayer." "To counter the automatic New York State tax increase and remedy the side effect of lower federal tax rates on New York State tax deductibility, I call on every New York State official to heed the calls of desperation and anger of our State's working taxpayers. New York's State tax windfall must be given back to the people by lowering State tax rates, not through a one shot tax rebate, but through a permanent State tax rate reduction for all citizens. We must cut New York State taxes by at least 30 percent across theboard and eliminate the tax distinctionbetween capital and labor income. A New York State tax initiative can complete this round offederal tax reform, and offer the promise of a new era of growth and prosperity for NewYork." TAP application available in Spanish. This should encourage more Hispanic students to apply for the kinds of financial assistance they sorely need." The Spanish-language translation of the Student Payment Application also contains the revised TAP award schedules undergraduate for and graduate students, reflecting funding increases approved by the state legislature and Governor Cuomo during the 1986 legislative session. Another HESC publication, "Usted Puede Pagar Por Sus Estudios Universitarios," ("You Can Afford College") has been available in Spanish since 1981. This brochure describes the most widely-used state and federal student aid programs, and offers advice to students and parents about the financing of a postsecondary education. Free copies, in English or Spanish may also be obtained by writing to NYSHESC The New York State Higher Education Services Corporation is the state government student financial aid agency. Last year, HESC provided $1.5 billion in aid to New York State students, in the form of grants and scholarships and through the guarantee of educational 'oans. THE PASSWORD: 415 Seventh Avenue. Salle 62 Mew York. New York 10001 (212) 594-5696 (201) 623-536) Practitioners, Students Attend 13thAnnual Int'l Law Conf. oy Sheila Hughes Rodriguez Students from all over the United States gathered in Washington, D.C. two weeks ago for the 13thAnnual International Law Weekend. The conference, which was held on the campus of the Georgetown University Law Center, was sponsored by the Washington Regional Council of Interna- tional Law Societies. The program began on Friday, October 17 with a panel of attorneys who practice in the representatives from NASA and the Export-Import Bank of the United States. Although funding has been suspended for NASA's summer legal internship program, the progam will continue to be open to approximately four law students on a volunteer basis. Budget constraints were also experienced firsthand while visiting the Export-Import Bank the government just happened to shut down at 12 p.m. on Friday. This presented a rare opportunity to see the entire Export-Import Bank being run by nine people, one ofwhom was meeting with us. On Saturday, students heard panelists discuss the Interna- — field of international law. The panelists included: Stephen M. Boyd, an attorney with Bryan, Cave, McPheeters & Mcßoberts; L. Timothy Dickinson, an attorney with Gibson, tional Court of Justice's influDunn & Crutcher; Larry Garber, ence on international law in the the director of the International context of the Nicaragua case. Human Rights Law Group; WillPeter iam W. Gearhart, the assistant Featured speakers were Olsen, the assistant legal adgeneral counsel for the Internavisor for Inter-American Affairs tional Trade Commission; and at the Department of State; and Jack O'Brien, the general counProfessor Abram Chayes, who sel at NASA. In the afternoon, small argued before the ICJ on behalf of Nicaragua. groups of students met inforForthose interested in similar mally with attorneys from variupcoming events, information ous private law firms, governcan be obtained through the Inment agencies, international ternational Law Society. private and law organizations, groups. This writer met with November 12,1986 The Opinion <!»»,( £f iMmsvolri noinlqO en 1 7 �opinion .sir STAVE UNWERSTTY OF NEW TORK AT BUFFALOSCHOOL CF LAW Volume 27, No. 6 Editor-in-Chief: Managing Editor: NewsEditors: Features Editor: Business Manager: Photo Editor: Layout Editor: Contributing Editor: November 12, 1986 Paul W. Kullman Krista Hughes Idelle Abrams, Dana Young Kevin O'Shaughnessy MelindaK. Schneider Paul Hammond Susan Clerc Amy Sullivan Staff: Brett Gilbert, Shelley Rene Rice Contributors: David Gugerty, Vincent Doyle, Kathy Peterangelo Johnson, Lisa Strain, Sheila Hughes Rodriguez, John Bonazzi p Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials: The Bond Act that Just Enough People Knew About — that's what A cleaner environment and the creation of more jobs New York State residents can look forward to as a result of the recently passed $1.45 billion Environmental Quality Bond Act. In addition to cleaning up the environment, state officials predict that the Act will produce long term economic benefits because cleaner areas will induce economic growth. The Act provides for $1.45 billion to be raised through the sale of general obligation bonds. Most of this revenue, $1.2 billion, will be dedicated to cleaning up inactive hazardous waste sites. Both Erie and Niagara Counties have some of the worst toxic waste sites in the state. Currently, there are 117 dumps in Erie County and 99 in Niagara County. Now for the disturbing news. While voters approved the Act by a 3-to-1 margin in Erie County and a 2-to-1 margin in Niagara County, only 33 percent of those registered to vote actually did so. One may argue that turnout was actually high in light of a telephone survey conducted by the New York Public Interest Research Group. NYPIRG's survey results indicated that while 80 percent of those questioned favored the Act, only 15 percent had prior knowledge of it. This is incredulous, to say the least. But the voting citizenry can only be made to shoulder part of the blame. For, while people have an obligation to glean information, the media have an obligation to provide it. While area crises like Love Canal should cause people to monitor environmental issues especially closely, local media provided relatively scant coverage. Thus, blame must be shared in this case. Fortunately, the Act passed. And, while preventive measures like tighter environmental controls on companies should continue to be givenprimary emphasis, the value of curative measures like this Act cannot afford to be overlooked. The war against toxic wastes must be fought on both fronts. But it is only through the combined efforts of the media, and an informed and active citizenry, that the war can be won. Stop Loan Money to Chile The current situation in Chile is eerily similar to the world depicted by George Orwell in his novel 7984. There is forced attendance at pro-Pinochet rallies while omnipresent loudspeakers futilely bleat the dictator's name. Certain workers are chosen to carry signs bearing messages which none of them profess, but would never dare to criticize. Thirteen years ago, when Pinochet took power, the universities of Chile were "cleansed" of all individuals who looked as though they might pose a threat to the dictatorially-imposed way of thinking the government's first steps toward eliminating "thought crime." Now "thoughtcriminals" are locked away with little hope of ever being released. Their worst fears are brought to life in the form of brutal and inhuman torture sessions. Even Winston Smith's most terrifying fear, of being attacked by rats, is being hideously restaged in the "Room 101's" of Chile's prison system. Government surveillance is expected and accepted. It reaches even as far as the confines of churches, where volunteers are sent messages almost daily confirming that they are being watched. Yet there are atrocities in Chile which even Orwell might not have anticipated. Often when a woman has a baby at a Chilean hospital, the baby is held as collateral until the woman can pay her hospital bills. Towns are stormed regularly by government troops. Sometimes all of the men are rounded up and taken to a field where they are questioned for eight hours. If fires have been set as barricades against the military, townspeople, usually children, are forced to put out the fires with their hands and other parts of their bodies. The troops have begun carrying portable electro-shock devices to use for crowd-control. All of these blatant violations of human rights could potentially be stopped. Essentially, all that is needed is for the United States to stop backing loans to the Chilean government. Although the money is intended to go towards helping feed and care for the Chilean people, it is really being funneled straight to the military, which keeps Pinochet in power by keeping the people in a constant state of fear. There are signs that Pinochet's power could be waning. Some reports say that one or more arms of his military are beginning to lean politically to the left, and it is evident that young men, after ending their mandatory terms of military service, are forming left-wing anti-government groups. At least 11 underground political parties currently exist. But despite these relatively positive signs, Pinochet stills maintains a tight hold on the population of Chile. The only thing that can loosen it is for the United States to help stop the flow of loan money to South America's Big Brother. — 8 The Opinion November 12, 1986 The Opinion Mailbox Opinion Parodies Lauded Letter to theEditor ofThe Opinion: The last edition of The Opinion was a pleasant and welcome surprise. I'm happy to see that the staff of The Opinion saw it fit to satirize the Law School.even though it was not April Fool's Day. It was refreshing to read about the movies: "The Buffalo Law Dean Massacre," "Tax Guys," "Canuck Dundee," "Out of Animals," and especially, the Fred Konefsky "Get With The '80's Hair Style Contest After participating in the "Law Revue" show for the last two years, joining many others in promoting Law School satire, I think poking fun at ourselves is healthy to theschool's sense of community. If one were to sit and think about it, there is plenty of humor in Law School traditions such as: Moot Court oral arguments, the "Law Review, " Ethics lectures, the SBA, dozens of rambling class discussions, memorable student comments in class, recent course offerings. Section 3, "studying" in the library, fall re- cruitment interviews, and of course, the performances of many of our professors. Sure, Law School is generally a serious undertaking, but how many people at other law schools can claim they are having fun while learning how to be lawyers? By the way, what "look" did Fred win in the Konefsky Hair Style Contest? David Brown Fall Exam Schedule Blasted Editor: I would like to supplement Dana Young's open letter to the administration by asking Marjorie Girth: who's best interests were considered when exams were being scheduled? Ms. Young wrote about the importance of being home early for Christmas. My concern involves getting home safely. It seems awfully short sighted to subject those of us who live as far away as Long Island to drive 10 hours (the last two inescapably involve bumper to bumper traffic) on the 24th, especially after having given up regular sleep during finals. Add to this Western New York's snow (remember last December?) and lousy driving conditions and we'll be lucky if we arrive home on Christmas Day. The prospect of putting up my Mom's tree Christmas morning doesn't upset me half as much as wondering if I'll be stranded by a Buffalo snowstorm. If you cele- brate Christmas, Ms. Girth, please hang this in your stocking Christmas Eve. Paul Prentiss, Second Year Student Make Presentation or Fold SBA Conference Funding Policy 1. Students must request SBA funding for a conference or seminar before attending such a function. 2. Students should try to obtain funding from other sources in the following order: a) a club or organization whose activities are related to the subject matter of the conference; b) the SBA; c) the Administration. 3. SBA funds granted to students to offset costs of a conference or seminar will be disbursed after a student has returned and done something to share the knowledge gained at the event with the rest of the Law School community. Examples of such communication may include but are not limited to: a) an article in The Opinion; b) a library display; c) an informal presentation. "The Boy Mechanic" Scolded Editor: the again, Boy Mechanic has managed to do what he seems to do best: ruffle feathers. am not going to Once I criticize any one of his i columns in particular. I am more concerned with Mr. O'Shaughnessy's philhis way of life. osophy Mr. O'Shaughnessy identifies with the "lumber jack" type of persona flannel — — shirts, pool halls, and chewing tobacco with no regard to Miss Manners' Guidance to Excruciatingly Correct Behavior. That is his choice. It does not make him any less of a human being. Why, then, does Mr. — Commentary O'Shaughnessy feel a burning desire to criticize those who do not belong to that "elite" circle of lumber jacks? I use a hairdryer at least once a day. I also wear some makeup. A few months ago some friends and I went camping. We brought hairdryers and makeup. Dittoforthe beach. We are not shallow. According to Mr. O'Shaugnessy, people who are concerned with their looks are shallow. This overboard generalization wipes out a major section of the population. Appearance does not determine depth of personality. Such a standard is unreasonable. by Shelly Rice World Peace Within by Shelley Rene Rice One of UB Law School's distinctive and fine qualities is its diversified student body. Students come from many types of backgrounds and bring many ideas, perceptions, and experiences with them. We come from different areas of the East and West Coasts; rural, urban, and suburban; and from different countries, continents, and colonies. Our cultures, ethnic, socio-economic, religious, and political affliations have had an impact on our personalities. Our Law School is virtually a microcosmic model of the world community. World peace is within our reach. Our Law School experience can help us formulate a better approach to individuals who at first glance seem so foreign and incomprehensible. Even though a fellow student may look a little different, talk a little different, and have been raised in a different manner, if you get to know tional activities, and ideas. Why is it we have not, seem unable to approach, or do not care to approach people who possess characteristics we are not familiar with? Where did our prejudices, biases, likes, and dislikes come from? Fear? One isolated experience? Newspapers? TV? Movies? Hearsay? Colleagues, hearsay evidence is rarely admissible. Have you ever gone to a movie and thought it was great or not so great and some "well known" critic thought differently? The review or critic of a book or movie will be good or bad depending on who reviews it. Read and check out people yourself. Make your own evaluations. Do you feel one is justified to prejudge you before they know anything about you? If you don't, maybe the other person doesn't want to be prejudged either. As attorneys, in memoranda and other legal writing, we are them, you might realize you supposed to be objective, able have common hobbies, recreacontinued on pugc 15 I understand that the Boy Mechanic sets out to antagonize various groups of people by taking potshots at in his column, where sarcasm runs rampant. A bit of tongue-in-cheek safire is okay, but a constant battery of insults becomes annoying and offenO'Shaughnessy sive. Mr. should become more openminded and less concerned with his own hostility towards the genteel. Why criticize a bar because its customers wear Polo shirts and nice watches? I just don't understand. I'm going to go polish my nails. Sharon J. Fine them Prof. Suggests Novel Protest Gentlemen: I was appalled to learn (from your October 29 issue) about the administration's decision to establish faculty-only washrooms. Though I am myself a faculty member, a cursory look at my grades over the years will show that, in matters of this kind, I always favor the student side, on principle. It will come as no news to you that I think this new policy Js not only immoral and illegal, but unconstipational as well. I am, however, disappointed at the countermeasures which, according to your story, various student groups are contemplating. They strike me as the typically gutless and ineffectual moves of knee-jerk liberalism. I think that, under the circumstances, only one collective response, can be meaningful and effectual: a shit-in in the President's office. Sincerely, Max A. Wickert Associate Professor of English �.... The Boy Mechanic by Kevin O'Shaughnessy B"MyalUenGdivrsty "I went back to Ohio, where my pretty countryside had been paved down the These "hotels" featured Swiss Chalet style roofs jammed on top of prefab condos. The only thing new about these neomodern chalets is the invest- middle, by a governmentthat had no pride. ment capital. Thefarms of Ohio, had been replaced by shopping The place next door, Charlie Bubbles, is sure to attract the patronage of the modern malls; andmuzakfilledtheairfrom Seneca to Cuyahoga Falls. Hey, ho, way to go Ohio." "My City Was Gone" song by Chrisse Hynde — chalet-dwellers. Charlie Bubbles is a restaurant/bar or is it a bar/restaurant? This is the age of the "something" slash "some- ... Chi-Chi's mescaline mosiac men's room It was my first opportunity to use the new Millersport/Maple ramp so I decided to take a short trip down Maple Road. I grew up several miles from the Amherst Campus and hadn't driven down Maple Rqad since I moved into the city of Buffalo. For the next 20 minutes my eyes were bombarded with a landscape laden with trendy franchise overkill, rampant consumerism, and sterile suburban sprawl. After descending from the new ramp, I stopped at the construction site of The New Residence Inn. A sign claimed, "We're building a new type of hotel." They have not traveled very far down Maple Road. Clarification: In an article appearing in the October 29 issue of The Opinion entitled "Incoming First Year Class: Scores, Lower Fewer Women, More Minority Students," there was some ambiguity regarding the Legal Methods Program. Students enrolled in this program are full-time students. thing." A business has to touch all bases in the eighties. Give Charlie Bubbles a couple of weeks and they will have installed a car wash, a banking center and a movie theater. The bar area was decorated in the style of a nineteenth century NewOr- leans bordello. Several "paintings" of naked, overweight, women (probably madams) posed on Roman-style sofas (no grapes) hang behind the bar. These women were too large for Peter Paul Rubens to paint. I am almost certain the starving artist that was hungry enough to "paint" these "works" created the "Tiger on Velvet" series. The artist is not, however, in the same league as 1. Tommy Van Scoy's Dia- mond Mine | 2. Video game parlors I | •I warehouse/whorehouse. After passing under the new ramp, I came upon our beloved Amherst Campus and, just across the road, the hotel/motel jungle: The panache-laden Marriott; The Red Roof Inn (with its own Swiss chalet style roof); The Hampton Inn (it's under construction, but don't worry, I am sure it will look like all the rest); and the Super 8 Hotel (Does this mean it has eight super rooms? Or eight super hotels? Is this one of the eight? What is super?). I was unable to determine why there are so many of these architectural triumphs directly across from the campus. Although I could evision President Sample declaring, "A great University needs great hotels!" Would you settle for "super" Steve? After passing the hotel/motel jungle, I crossed over the Thruway to the Continental Journey's End Motel (sounds like the title to a teenage slasher movie that will be opening at a cinema further down Maple Road, or the title to a Doors album or a Jack Kerouac ). Next, I came upon novel Fuddruckers, a hamburger chain that advertises its wares by hanging slaughtered animal carcasses in its windows. Fuddruckers is over shadowed .. ... by Dahlkemper's. Dahlkemper's is painted the same shade of gutless purple that is prevalent | 10 More Things to Build on Maple Road ■ t the genius that painted "Dogs Playing Cards" or "Dogs Shooting Pool". The restaurant was large, reminiscent of a K-mart. While I was drinking at the bar, I waited to hear, "Attention shoppers, there is a blue light special in aisle nine!" Charlie Bubbles' size and interior design combine to create a style I call 3. A drive through carpet store 4. A Shoes-R-Us 5. More Pre-Fab cell-block J6. I hotels/motels Another restaurant that salutes a conquered I culture 7. Another ramp to nowhere 8. Bob's Big Boy/Tall Men's | • Shop 9. Another yuppie restaurant 1 with sports equipment a and dead animals on the walls. I 10. Eight more GCC theatres to • showthesamefivemovies. I on designer sweat pants. This color wants to be purple and pink at the same time. The "have a nice day" architecture is topped off with a light blue columns. The store itself is a glitzy Brand Names. I couldn't stay in the store long, its antiseptic smell and mirrored pillars gave me a headache. I hurried to the exit, nearly knocking overtheartificialChristmastree display. Surrounded by the glitz of Dahlkemper's, the university theatres, and the construction site for "prestige" office space, is Sweet Home Junior High School. In view of its location, the school board should change the name of its sports teams to the "fighting shoppers," featuring "coupon" as the school mascot. The University Theater is the local dispenser of eighties Hollywood film making. The proprietor's idea of an artistic Dahlkemper's .. . .. After the theatre. Maple Road goes back to franchise restau- rants and restaurant/bars (Red Lobster, Wendy's, Bennigans, Chi Chi's). Chi Chi's is my favor- ite because of its men's room. It is done in a purple, orange, blue and white ceramic tile. I call it mosaic its breathtak- ... ing. . I finished my daylight hegira —■ gee Rah!) (pronounced Hi by passing — boulevard home of teenage movies coming soon. Continental Journey's End in 3D. I parked in one of the spacious parking lots adjacent to Boulevard Mall. The Boulevard Mall was one of the first "Land Development" projects on Maple Road. Why is this haven for teenagers and senior citizens (two segments of our society that spend a great deal of time being bored and frustrated) considered "land development?" Malls develop cinema slasher — a glitzy Brand Names film selection would be a Rob Lowe Cinema Retrospective. We will probably have to wait for Dan Akroyd to reprise his Leonard Pinth Garnellcharacter and present "Bad Brat Pack Cinema" tonight "Oxford Blues" and "St. Elmo's Fire" Simply dreadful. .. ... boredom and frustration I read somewhere that the University plans to build an on- campus mall. At last the Maple Road march of greed reaches the campus. We don't want stu- dents; we want consumers! Hey, ho, way to go, Buffalo. VVV V V Win a Date with The Boy Mechanic W-5-m v v v v v Drop a note at the Opinion office describing your dream fl date and you could be the lucky boy or girl to go out with the Boy Mechanic (some restrictions apply). The Cutting Edge .4^l <J»<^B y^fflß by Dana Young If You Want this Job. Fill this Jar The issue of drug testing in the workplace has captured public attention in recent months. This issue has also received notoriety right here at UB Law School. The topic of the Desmond MootCourt Competitionthis year is the constitutionality of drug testing government employees. How have the New York courts dealt with this controversy? While no precedent has been set, New York seems to be narrowly construing the right of employers to drug test employees. One of the first decisions handed down was Matter of McMickens, King v. 501 N.Y.S.2d 679 (A.D. 1 Dept. 1986) in which the urine testing of correctional officers were observed by a confidential informat frequenting a certain drug trafficking location, and using drugs at this location. They were ordered by their employ- ersto undergo a urinalysis drug test. Refusing to do so, both of- ficers were fired. The King court held that compelling these officers to submit a urine sample for testing was not unconstitutional.While persons have a right to be freefrom unreasonable search and seizure under the Fourth Amendment, this search was not unreasonable. As correctional officers, it was deemed that plaintiffs occupied a "sensitive position" and were "subject to para-military discipline." Under these conditions, and in choosing to become correctional officers, the court said that their "reasonable expectation of privacy as a citizen must yield to compelling government interests." Further, the court in this case decided that "probable cause," the standard conducting a search under the Fourth Amendment, was not necessary for conducting this search since the search was not aimed at discovering evidence for use in a criminal trial. Only a standardof "reasonable suspicion" was necessary in requiring a urinalysis drug test. There was reasonable suspicion in this case based on the informant's observations that plaintiffs were using drugs. The New York Supreme Court has upheld the "reasonable suspicion"' standard, but declared unconstitutional, another drug testing program in the case of Patchogue-Medford Congress v. Board of Education, 505 N.Y.S.2d 888 (A.D. 2 Dept. 1986). On August 11, Justice Rubin declared unconstitutional a drug testing program directed at probationary teachers seeking tenure in the Patchogue-Medford School District in New York State. The court held that in balancing the teachers' expectation of privacy against the interest in drug testing teachers, the program was invalid. More specifically, it was conceded that a board of education has a legitimate interest in overseeing its employees and in making sure that a teacher is capable of safeguarding and supervising his or her students. However, this interest was not compelling enough to justify drug testing teachers absent some reasonable suspicion of drug use. It was also pointed out that the nature of the teaching profession was not one in which the use of controlled sub- stances would "ordinarily pose situations fraught with imminent and grave consequences to public safety." Even in those situations where drug use would threaten public safety the court noted that urine test- ing was impermissible in the "absence of an articulable basis for suspecting that the public employee is using illegal drugs." Thus, the standard upon which the search could be based in Patchogue was that of "reasonable suspicion". Since there was no reasonable, factual basis that any of the Patchogue teachers used or had used drugs, the drug testing progam was deemed unconstitutional. The only other case in which the Supreme Court of New York has addressed this issue is that of Caruso v. Ward (N.Y.L.J. Aug. 20 at 11). This case has not been However, published. Judge Parness, in his decision, invalidated a New York City Police Department plan to test some of its officers. While few sweeping generali- continued on page IS November 12, 1986 The Opinion 9 �by Brett Gilbert SBA Briefs Buffalo Model Runner-Up in Parking Contest The following memorandum was sent by SBA President Brett Gilbert to Law School faculty members on November 4. TO: All Faculty Members RE: SUNY/Buffalo's Parking Problem As you know, our University has recently undergone a period of expansion here on the Amherst Campus. This expansion has hit close to the Law School with the addition of Park and Jacobs Halls right next door. Of course, with expansion comes all of the problems created with the necessity of additional support services. The current parking dilemma is one such problem that has become acute over the last year. As you also know, Vice President Edward Doty has recently taken it upon himself to attempt to alleviate our parking problem. Mr. Doty unilaterally decided to set aside a number of parking lots on the Amherst Campus for faculty/staff use only. This decision was in direct opposition to a recent Faculty Senate report which recommended against restricted parking. Even more recently, the Faculty Senate recommended that a UniversityWide Task Force be assembled to study our parking dilemma and that restricted parking should end, at least until the recommendations of the Task Force are published. To date, neither Mr. Doty nor President Sample seem responsive to these recommendations. Our Law School is premised on an amorphous concept known as the "Buffalo Model." If the Buffalo Model means anything, I think, it means that faculty and students are working together towards a common goal as partners. We recognize our task to be of a collective sort, not one which requires a rigid hierarchy of power. In my opinion, this is the most significant aspect of the Buffalo Model and it is that which has made every day of my stay here a pleasant one. We simply cannot let the mutual respect we have for each other slip between our fingers. I ask you now to reaffirm your commitment to the Buffalo Model and to the principles which make our Law School so unique. I ask you to support the concepts of due process and collective decision making, and to recognize that if we are to find a solution to our parking problem, we must do it together, withouta solution being imposed upon us. We must show the administration in Capen Hall that students and faculty are willing to work together. I have taken the liberty of drafting the attached letter to Vice President Doty. It concerns his solution to our parking problem. I believe it expresses well the principles and ideas I have been speaking of and I hope the letter expresses your viewpoint as well. I ask you to read and think about the letter and to sign and return it to me via the SBA mailbox in the third floor mailroom. I will then forward all of the letters to Vice President Doty and President Sample. By taking this step, I hope to show the University Administration that, at least within the Law School, faculty and students are united concerning this problem. It is time to publicly assert the principles which many of us believe in; it is timeto publicly assert that which we have passionately argued for in the classroom for so long. Please join law students in their fight to have the voices of both faculty and students alike heard within the walls of Capen Hall. Thank you. people. If enough students are willing SBA Vice President Just a brief reminder to the officers, directors, etc. of all SBA funded Law School organizations that By-law 13 of the SBA Constitution requires all funded groups to make a presentation to the SBA Board of Directors on the status and activities of their group once a semester. Failure to comply with this requirement could jeopardize future funding for The Victor Siclari Memorial Yearbook it happen. Whether you have experience or not, we need your contribution. I have no yearbook experience but I do have organizing experince. That's what I am willing to contribute. How about you? Leave your name and mailbox numberwith Marie in room 312 or with me (box #710) as to put in a small but consistent amount of time, we can make soon as possible. If we get organized quickly, we will not be time-constrained too much or be lumped with alot of work in the spring. Luzjer Jack President SBA Vice Manhattan D.A. Comes A-Courtin' by Amy Sullivan John Elmore, assistant dis- trict attorney of New York County visited UB Law School in an effort to recruit students for summer internships, as well as permanent positions with the Manhattan office. The New York County District Attorney's Office is charged with the responsibility for investigating and prosecuting crime in the county of New York. The office has three main areas of responsibility which include: trial litigation, appellate litigation, and investigations. The office investigates and prosecutes over 100,000 criminal cases per year. Robert Morgenthau, the district attorney, has over 400 assistants, along with a support staffof 500 consisting of paralegals, investigators, detectives, and clerical workers. The trial division has the responsibility for the prosecution of street crime. There is also a variety of investigative and specialized trial bureaus. The 10 nity problems. This philosophy also reaches into the classroom, often resulting in a study of alternative means of conflict resolution. Law students and faculty understand that many problems are more satisfactor- by JackLuzier The Yearbook Needs You! How many times have you heard someone say: "Wasn't the yearbook great!"; "Boy, I'm glad Victor put the yearbook together"; or "We should have a yearbook every year." Well, de- last year in Victor Siclari. Most would concede that without his effort we wouldn't have had a yearbook. This year a few of us have committed ourselves to the effort but we need more Dear Vice President Doty, As a concerned member of the Faculty ofLaw and Jurisprudence, I am writing in reference to our University's acute parking problem. I express my thoughts on this issue because I find it of deep concern to both law students and faculty alike. To briefly anticipate my conclusion, I respectfully ask that you reconsider your decision to maintain restricted faculty/staff parking lots and that you give time to the University-wide Task Force so that it may arrive at its own recommendations. We in the Law School take great pride in our tradition of cooperation and mutual respect between faculty and students. Our tradition, colloquially known as the "Buffalo Model," encourages all of us to work together to solve commu- ily resolved if all can have a voice in a proposed solution. I believe that if this principle is extended to the University at large, many of the solutions to our problem can be less painful to all of those affected. With the tradition of the Buffalo Model in mind, I ask you to reconsider your decision to maintain restrictive faculty/staff parking lots until the University-Wide Parking Task Force has the opportunity to recommend its own solutions to our parking problem. If we as a University are to achieve long-term solutions to this problem, all of us, faculty, staff, and students must be included in the decision making process. Without this solidarity, any solution is sure to be only an obstacle to improved relations between constitutency groups. Thank you for your timeand attention, and I look forward to seeing a satisfactory resolution of this University-wide problem. Sincerely, Professor of Law Conference Funding Policy: "Share the Knowledge" First Desperately Seeking You For Yearbook spite substantial positive response to last year's yearbook, there is a good chance it will not be repeated. It's the same old story; plenty of folks talk but few are willing to act. We had one major actor Faculty Letter to V.P. Doty Penned by SBA President •ii at" 2yj "■"' Interns' «■ duties include re- searching and writing appellate and trial briefs, preparing witnesses for grand jury representations, hearings, and trials, and second-seating assistant D.A.'s on trials. The intern receives a $100 per week stipened, yet this may be sup- plemented with workstudy funding and fellowships. First and second year stu- John Elmore chats with law students cases involved with these bureaus are more long-range and complex in character. These four bureaus include the Special Prosecutions Bureau, the Narcotics Bureau, the Rackets Bureau, and theFrauds Bureau. The Opinion November 12, 1986 The Appeals Bureau has quite a good reputation for the quality of its oral and written advocacy. The office conducts a ten week internship program for first and second year law students, beginning in early June. the group and at the least could make things very difficult for that group at budget time. The dates for the rest of the Board meetings this semester are posted on the SBA bulletin board and on the office door. Those desiring to make their presentation should inform an SBA officer at least one day before the next scheduled meeting. The last meeting this semester will be Wednesday, December 3. dents interested in the program should send a cover letter and resume to Ms. Una Murray. The address is District Attorney of the County of New York, One Hogan Place New York, New York 10013. Permanent positions for assistant D.A.'s are committed to a three year appointment in serving the office. These individuals are selected solely on. the basis of merit. The average starting salary in 1986 was $24,000 for law school graduates not yet admitted to the bar. The salary for newlyattorneys admitted was *"5 Seventh Avenue. Salle 62 New York. New York 10001 (212) 594-3696 (201)623 336} $25,000. Elmore pointed out, "If you want to be a good trial attorney, this is the place to be." After the initial three year appointment, many attorneys go oh to practice in large private firms. There are four stages in the interview process. The first is the initial interview, followed by a panel interview with five members of the staff. The third interview is given by an executive assistant D.A. Finally, if the interviewees have been successful, the last interview is with Robert Morgenthau himself. Elmore highly recommends being prepared for these interviews. Two of his suggestions included reading office literature and discussing current issuesand cases of New York law with a constitutional or criminal law professor. Elmore concluded by stating, "The New York County District Attorney's Office is a fine place to work with friendly, interesting people." �Persistence Pays Off for Mets Fans at SheaStad. by David Gugerty While sitting in an interview on Long Island's North Shore recently, I decided to try to get into a World Series game with the greatest ticket beggar on the East Coast. This avid Met/ Oriolefan got his training riding running boards outside Baltimore's Memorial Stadium. He would find parking spaces for fans and occasionally beg an extra seat off them. Over the years, my father has passed the art onto my four brothersand myself. It has been an enjoyable apprenticeship. We snuck into Willie Mays night at Shea in the third inning. We successfully scavenged Bronx parking lots when Yankee Stadium .was hopelessly sold out. We got three of the last bleacher seats when Reggie was aiming for his youth homer. The list goes on but the 1986edition has to stand out as our ultimate coup. In the face of horror stories regarding $300 a seat scalper prices. Earl (my father looks just like Weaver) and I headed for Shea a mere two hours before game time. We arrived in the middle of the chaotic, electric atmosphere which gripped the ballpark. The Goodyear blimp was overhead, choppers in and out of Shea's lights while the commentaries buzzed of Yin, Joe and Sparky filled the parking lots. This was THE SERIES, you could feel it. We started begging. And I mean begging because Earl was offering 30 bucks a ticket, $50 tops. Most people either convulsed with laughter or told us to seek professional help. Undeterred, we gave each other pep talks as we maintained our constant chatter of "Need one ticket here, who's Selling one?" The low point in our excursion came when the crowd noise indicated the first put out by the Mets. We ticket beggars are an optimistic lot. However, we felt truly defeated this time as the scalper's prices had dropped a measly $50 in the first inning. We headed for our car and the Long Island Expressway. On the way I noticed a large crowd cheering on the subway platform outside the stadium. It hit me. These people weren't begging scalpers as we had been; they had their tickets and were enjoying Ron Darling's pitches. So I said to Earl, "Let's get ours." His Irish eyes lit up as he recalled an article he had - read describing these little known "one dollar seats." We popped our token in the turnstile and stationed ourselves on the platform's steps. Being six feet tall, we had no difficulty seeing over the mostly young boys who were already there. One sensed immediately that these were true Met fans. There was a chemistry amongst those peculiar to bleacher fans. They may have been multi-racial but one thing was evident, they were not from different social classes. These guys hadn't been begging seats because they clearly didn't have the $30 or $50 which we had to offer the scalpers. Perhaps this fact explains the elation these people felt at being able to peer into Shea and get an unobstructed view of their idols. There "Let's Go Mets" chants seemed to be their way of thanking whoever it was that had brought this miracle upon them. It was truly a baseball fan's dream to watch the close pitcher's duel which was game one from these "seats." Louie, standing to my right, though it was a shame the game was lost on an error. But game aside, it was the harmony which existed Cheap Beer Review PRICE* STREET SLANG~ Old Milwaukee $2.59 "O.M.'s", "Oil Spills" Busch $2.99 "Buuushhhh"-saidlike HoytAxton $2.39 "Mister Booze", Herr Beer", "Moist Brow", Strohs $3.39 their suburban intruders which struck me. That night we were not high school kids, not businessmen, not law students; we were baseball fans, Met fans. In the bottom of the sixth our bizarre group made a statement which surely wasn't recorded in the Times, the Da/7y News or the Post, but which bears repeating here. In that inning people started leaving Shea Stadium. That's right, the score was 0-0 and here were women in fur coats with preppy kids and husbands in tow heading for their cars. Unbelievable you say? That's what we thought. A young black kid was the first one to deliver our collective wrath at these heretics. He jumped up as high as he could on the fence which caged us in on the platform and sneered at the growing flow of losers. "We could have used those tickets you bastards. You're nothing but a bunch of fake fans," he screamed. That did it. Within seconds the newest ofbaseball chants thundered down from $2.29 Up and comers and old reliables Milwaukee's Best $2.09 Genesee Ale $2.99 Beer Light Goebels $2.19 FAKE FANS, FANS!" what they really thought. They felt proud and deservedly so. Even when the Sox pulled it out, these guys remained confident that the Mets would still have their meeting with destiny and win the Series. Those guys turned out to be right. So, my advice to the fake fans out there is to stay home next October and let the Police Athletic League distribute your once a year passes to one of the platform fans. frh^> F(Wl\A^ SLOGANS UllfKm [I "It doesn't get any better MJ U than this." "Head forthe Mountains." ' "Great beertaste, without great beer prices." tmmmWmWWMmmm. SSJSvI "Looks like a Stroh Light "Blows" KS^SkwWflifl^ Jja^jjS^Sy unprintable but easily deduced "My Brother, My Beer", "My Brothers" "Green Death", "Screamers" "Jenny", 16oz. "Mortor Shells", (Potato Mashers) "Jenny Blues"* "Joe Bells, the beer of the Swiss Alps' . NONE "Thegreatoutdoorsina glass." jLU 1Irlr iW/fJIVy Has anyone ever seen a Goebels commercial? I Beers your father drinks after cutting the grass (while wearing plaid bermuda "Slams" W~* b^b^b^b^b^b^b^b^b^bl /'T^v. jT^N IvfiUitrA) is a reason it is called "Green Death" by Buffalonians. The 16 oz. bottles are still one of the best beer buys in the area. The commercials are a little lame (what does Genesee beer have to do with owls, rams and seals?), but it's good to see Curt Gowdy working again. Drink Goebels only in your foulest moods. $2.55 The subway seats were transformed for the last three innings following this uprising. Those kids, who look upon Darryl, Keith, Gary and company with an almost religious reverance, and who had come to the shrine which is Shea all season long, had just faced the rich head on and let them know FAKE COMMENTS: Price and taste make Milwaukee's Best a serious contender for Old Milwaukee's Crown. Genesee is a local and sentimental favorite. do not recommend the cream ale. There Shorts). Hamm's be. Isn't that how it works? the rocking platform: "FAKE FANS, "To taste it is to love it." "A mans beer." COMMENTS: Old Milwaukee is far and away the official beer of off-campus housing. Its low price and unpretentious taste make it the #1 cheap beer in this area. Even their television ads are understated. Old Milwaukee's not great, you're not going to "have it all," but it doesn't get any better." Busch isn't bad, but its taste doesn't legitimize its higher price. As for Meister Brau, I'd rather buy Budweiser. Unless Strohs and Schmidts are on sale, only the strongest of stomachs should tackle these two. Schmidts The genteel departers, most likely bemoaning the fact that their corporate, box seats had been useless due to the boring 0-0 tie, were alarmed to see the platform rats banging the fence in anger and disgust. Ah, but they could rest assured the hundreds of nearby transit cops would come to their aid if need by Kevin O'Shaughnessy BRAND Meisterßrau between the predominately minority, inner city youth and "From the land of sky blue waters." "Real draft." NONE NONE $2.09 Piels "Pielsßeal Bad" "Oh, God" $1.99 Old German "Drink, Spit and Chew" $2.39 Red, White and Blue Beer COMMENTS: These beers should only be purchased during a national emergency. >S^>/ WmWmmmWMmmmm mm . Ej HtKw^l EvfavßwmWj^iwl kSMCISr b^bWb^b^b^b^bl ■ v / r>^A*> ' I(y/^V\S \wjmr xlHlrlr N^s^f November 12, 1986 The Opinion 11 �Canadian Law prohibitions and they have enormous influence. What is prescribed becomes absorbed into attitude very quickly and has great success because of our inherent trust that the state knows what it's doing. The degree of law enforcement needed is quite minimal." To illustrate the degree of trust Canadians place in the government and how thor- oughly prohibitions can be accepted, Callwood relayed the fact that 85 percent of the population supported the use of the War Measures Act in 1970. Following two kidnappings in Quebec, the government used the Act, which suspends habeous corpus, and arrested several hundred people in the middle of the night. Callwood felt such a thing would cause "rioting in the streets" if tried in the U.S. In Toronto, only 30 people turned out to protest. Jamie Cameron also expressed the theory that Canadians are less suspicious of authority than Americans, a difference she describes to the different circumstances accompanying the births of the two countries. Unlike Canada, the United States was born from a revolution into an intellectual climate of distrust of colonial government. "This basic theme has given rise to certain principles embodied in the American constitution, "observed Cameron, pointing to the limits on government, retention of personal sovereignty, and the doctrineof separation of powers. Distrust also marks the American attitude toward the judiciary. Although "nobody in the States really supports the abandonment ofreview for pur- continued frompage' I poses of protecting individual rights" the fact that "they'd argue about how much review was appropriate and what the appropriate issues would be" indicates a feeling that "just as you can't trust the legislature, you can't trust the judiciary." On the other hand, Americans do accept the courts' right of review even while questioning its limits. Americans would "never suggest that the judiciary doesn't have a role to play in protecting individual rights." This is not the case in Canada where judicial review grew out of "colonial review and was restricted to issues of federalism and any protection ofindividual rights was incidental." Given the history of review, courts have hesitated to enter into civil liberty matters even when granted the authority. In 1960, a statutory bill of rights went into effect as a result of the impact of American culture and the tendency of Canadians "to look with dreamy eyes" at the post World War II activities of the Supreme Court here. Canadian courts, however, were "scared to death" to make decisions about individual rights. Discontent with court inactivity led to the Charter in 1982. The courts' reaction to the bill of rights has raised questions about how effectively the Charter will be enforced. "Once again," said Cameron, "our courts are scared to death but this time they're scared of being criticized as they were under the bill of rights" decisions. The Supreme Court and lower courts have shown a "surprising" degree of activism and interventionism whenever Charter arguments have been made. They're like "a kid with a shiny new toy." Activism on the part of the courts raises another concern, the threat of courts taking over legislative functions. "We don't as yet have a very sophisticated understanding of the problems of an overinterventionist juiciary usurping power to itself" and in essence making "countermajoritarian" laws. Countermajoritarianism was apparently one of the reasons for a unique feature of the Charter, an override provision. "Section 33 essentially says that legislatures will be free to override the provisions of the Charter," but Cameron felt that exercise of the section would be "virtually suicidal" because of the protest it would engender. Section 33 is a remnant of Parliamentary supremacy, "the idea that Parliament can make or unmake any law it wishes." "There's nothing problematic about it," said Cameron, "because of this tremendous faith in the ability of the democratic process to produce laws and statutes that are wise and serve tioned in the British North America Act, the act that made the confederation, were minority religion and language rights: Those were .the only outstanding rights problems of the time, and continue to be important because of the English and French populations in Canada. Edgar Friedenberg addressed in part the difference between French and English acceptance of the Charter. Quebec has refused to sign it, "invoked the override over the wholeCharter and it's not in effect in Quebec right now." Although it would seem to Americans that a minority like Francophones in Canada would receive more protection under a centralist statute, Quebec, where most French-speaking Canadians live, has stronger protections than the Charter. "Quebec legislation protecting individual rights, labor legislation and so on, is way in advance of the rest of Canada," said Friedenberg. For instance, the province "forbids discrimination in employment and housing and things like that on grounds of sexual orientation." Friedenberg also explains the continued on page 13 &?' csJB 415 Seventh Avenae. Suite 62 New York. New York 10001 (212)594-3696 (201)623-3363 Pr V lmmtmmmmwmmmmwmw^mmmmmmmm^m^mmmmmmmmammmmmmmA the public welfare." Canadian history as a British colony had as much to do with the development of faith in authority as American history did with creating the opposite. Canada gained a certain autonomy before Confederation in 1867 and therefore, "wasn't really concerned about colonial oppression." It was believed that "individual rights would be sufficiently protected by the democratic process" afterConfederation as it was before. The only rights specifically men- NEED RESUMES IN A HURRY? i — Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive • Tn. Amherst, NY 14120 (offSweet HomeRd. between No. French £ Tonawanda CreekRd.) (716) 691-7480 Quality • Dependability • Fast Service Don't Be Locked Into a Bar Review Course Explore Tour Alternatives... Consider PIEPER i The Bar Course That Cares � Moderate Prices pi /^»R^\ \Md\ Jill [ |fPf | For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTHTE BUR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 I. JUDITH KUBINIEC BRIAN BORNSTEIN DORIS CARBONELL TERRANCE FLYNN 12 The Opinion November 12,1986 PIEPER REPS MARIA LOTEMPIO AMY MURPHY DONNA SIWEK • Telephone: (516) 747-4311 1 AMY SULLIVAN MARK POLLARD JOHN ROWLEY SUSAN ROQUE �Canadian Law doctrine that allowed Canadian courts to avoid.enforcing the 1960 bill of rights. The statute began with a statement that "in Canada there exists and have always existed certain rights." The court interpreted it to mean "that it cannot be the intent of the bill of rights to confer on Canadians rights and freedoms that they have not always enjoyed." The statute was rendered useless in attempts to eliminate Sunday closing laws and capital punishment; since Canadians had not always had the right to shop on Sundays or be free from the death penalty, they couldn'tclaim those rights under the bill of rights. Another point Friedenberg made was that the Charter has faults. There's no provision, for example, to "get at" corporate polluters. In this respect, American and Canadian law are in agreement. However, the Charter fails to provide a basic Constitutional protection because it doesn't have "any protection against double jeopardy. The [criminal] Code was amended so that an appellate court could no longer substitute a verdict of guilty for a jury acquittal, but it can send the defendant back for a new trial." Differentfacets of the Charter worry David Fraser. Fraser contends that the Charter is an Americanization and the individualism of America reflected in it is at odds withthe community identity held by Canadians. Canadian culture shouldn't be discussed as the state or individuals but as communities of national origin, like Scottish or French, or regions, like Quebec, or the Atlantic provinces. It's a sense of community thatmakes Canada work, not trust of gov- . ernment. Environmental Bond Act working to develop protocols on cleaning up sites with the Canadians. Fraser also accused the Charter of embodying a form of "schizophrenia." There are "competing visions of what the Charter is about..Those competing visions are the Canadian dynamic of community and the counterideology the American ideology of the individual." Both are reflected in the provisions of the Charter. — Rebutting Cameron's assertion that use of the override' would be "suicidal" Fraser brought out the fact that the provincial government of Saskatchewan recently used section 33 to force striking government employees to return to work. "There hasn't been a revolution in Saskatchewan," the populace didn't rise in revolt because they supported the way the government used the override, just as citizens of continued from page 12 Quebec support their government's use ofthe sectionfor different purposes. The worst effect of the Charter is that it imposes a foreign concept of rights into a culture with a different outlook, and forces groups to turn to courts to define their rights. It would be better, and more Canadian, for communities to develop "genuine connections" that protect their members rather than forcing an outside, mechanical package of rights onto them. "It's too bad," said Fraser, "that unions and women and native Canadians have to determine their own space of authentic community by going to a judge and asking him to 'please recognize us as authentic beings'. That's the legalizing effect of the transposition of American rights discourse into a foreign culture. continued fmm page I best technology," Norsworthy said, and stressed that "cost-effective" methods are what the chemical industry must pursue. In developing future technologies to assist the con- some chemicals cannot be disposed of "any other way." He cited mercury-laden sludge and lead as two examples. "We're "The community is important. We're not talking aboutthe state, we're not talking about the individual, we're talking about how people exist in authentic interrelationships in society and that is a very strong force in Canada," said Fraser. "We don't trust the state, we trust ourselves and our community." It's a sense of "genuine interconnectedness thatmakes prohibitions work." Noting that the Charter was meant to remedy the lack of unity in Canada, Fraser said "it is a political instrument meant to unify usas a country and has taken on the status of a national icon." This is fortunatebecause the existence of a "unifying principle flies in the face of community experience. Thus Quebec, an anti-centralist community, resists the Charter and views it as something forced on them by centralists and anglotinuing cleanup of sites, Norwworthy suggested that a non-biased research institute conduct an "objective, cost-benefit analysis" of feasible technologies, "perhaps insti- tutedby the government."And, Norsworthy stated, "We're very interested in working with the State" on this issue. "This is the kind of thing where it is important not to have extremists on eitherside." He asserted that "if you really want to minimize the impact we have on the environment, we should all walk home tonight." —Moot Court CompetitionQuarterfinals — Thursday, November 13, 7 p.m and 9 p.m. Semifinals — Friday, November 14, 7 p.m. and 9 p.m. Finals — Saturday, November 15, 2 p.m. Don't Miss It! BARfeRI FIRSTYEAR REVIEW HELPSYOU MAKE THE GRADE _>4 iSr C% g||k 4j£"T CONTRACTS CRIMINAL LAW TORTS REAL PROPERTY '■ CIV,L PROCEDURE HOW GOOD FIRST YEAR CAN BE November 12, 1986 The Opinion 13 �Chile continued from page which Pinochet has been in power, Chile has been in one of those states at all times. Pinochet maintains a rigid dictatorship in Chile, but it is clear that his support among the people is essentially nonexistent, and he is kept in power mainly by U.S.-backed loans to the Chilean government. Although the United States maintains a policy which bars supporting the giving of loans to countries where there are "gross and consistent" violations of human rights, two days after Pinochet lifted a seven month state of siege, on June 16, 1985, the U.S. voted in favor of a loan to Chile by the World Bank (see New York Times, June 19, 1985; sec. IV, p. 19). Mrs. Alt described a rally held by Pinochet two days after the attempt on his life. The rally was well-attended, but since a majority of Santiago residents work in municipal jobs, and for little pay, Pinochet can compel them to either attend such rallies or lose their jobs. Mrs. Alt described Pinochet standing on a platform in a white suit while loudspeakers were blaring "Pinochet! Pinochet!" in an apparent attempt to strike a note of solidarity among the people. The ploy failed, however, because no one joined in on the chanting. Several people at the rally were carrying pro-Pinochet signs, although half-heartedly. . Mrs. Alt remarked that the "lack of support and the apathy [were] very evident. we were amazed." In order to encourage more people to attend his rally, Mrs. Alt explained that General Pinochet would bring in bus loads of people from nearby towns. She described an almost pathetic system of large scale bribery whereby each townsperson would be given a single shoe as incentive for coming to Santiago for the rally. The other shoe would be handed out upon returning home. Also included was a free meal, very powerful encouragement in <i country where 70 percent of the people are "either unemployed or underemployed." After the rally Mrs. Alt remembered hearing horns honking and children humming to the same 1-2-3 rhythm. She was told that the rhythm means "Va a caller," Spanish for "He will fall." Considering the lack of support displayed for Pinochet at the rally, it was questioned by Mrs. Alt and others whether the attack on Pinochet's life two days before had actually been a "put-up job" by Pinochet himself. It was clear that he needed sympathy and he needed to give the people a reason not to demonstrate against him. July had been marked by a two-day strike by workers all over Chile, and September was the month of Chile's independence from Spain in 1810. It was reasoned that the attack was too wellplanned, so Pinochet could not have been behind it, but the general feeling now is that it is very possible that Pinochet himself was behind the attack on his life. Although his lack of support is evident, Pinochet maintains rigid and brutal control over the populace. It is not uncommon for the military to storm into a town and "shoot it up" simply to instill and maintain a sense of fear in the people. J&W3HBM —* ——- nil ni V nfPH I 14 — R PROFESSIONAL • TYPESETTING "* t 'OFFSET PRINTING FAST SERVICE COMPETITIVE PRICING S*• M MANY • DIFFERENT M cated in the report by the factfinding group, "any disagreement with governmental _ TYPESTYLES & PAPERS •RESUME SAMPLES |jj. policy is seen as being subver- S sive and terroristic." The situation in Qhile depicts government at war with its people," but the people are AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! poor, unemployed, ill-fed and CALL US OR VISIT US FOR A unarmed. The government is QUOTATION TODAYI represented among the people by a strong and well-armed military which continues to get 3171 Main Street stronger because the govern(Mtin SofWlniptr) .1 ■ Buffalo, NY ment continues to receive great I 9QCQ 835 100 sums of money. The govern- — ment has "a military budget that surpasses the total health, education and housing budgets NR^ANrTr ]Kp)lJ/^y\|U 1 "° QTW\r3rprP 1676 Nla. Falls Blvd. MlvltPP) I (across Imm K-Mart) Tonawanda. NY 834-7046 BY 12/1/86* ■ PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone DORIS CARBONELL TERRENCE FLYNN The Opinion November 12, 1986 _ For more information see your Pieper Representatives or contact: ——. JUDITH KUBINIEC BRIAN BORNSTEIN is, in fact, Pinochet's strongest oppostion because he can do nothing to limit its power over the people. One of the Church's biggest projects is helping political prisoners and their families. Under a state of siege, arrests are frequent and once jailed there is very little chance that a prisoner will be released. The Church is trying to help the families of these prisoners by teaching the women to make crafts which they can than sell. Many women engage in the production of "arpieres," tapestries often depicting scenes of women who have lost husbands, sons and fathers to the prisons. All of the arpieres have political or social messages; however, any with political messages are dangerous to possess. If a home is raided and Law student's discount of $125 will be deducted from the cost of $895 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by December 1. 1986. MM IV !■ I Jfc ■PI MWIPIP Bl tions, they continue to fight. The Catholic Church seems to be fighting with them. Seventyfive percent of the population is Roman Catholic, and the Church is extremely strong. It ** M UIIIU mm the severe economic condi- The most promising aspects of the factfinders' report is the extensive work being done by the Roman Catholic and Pentecostal Churches within Chile. The group encourages all American churches and church members to become aware of the situation and become involved. But the most important is one recommendation suggested by every group the Americans spoke to: end the flow of loans to the government of Chile. "The day the U.S. stops loans to Chile is the day Pinochet loses power," and the Chilean people will no longer have to fear the ever-present military oppression, Mrs. Alt said. * *— IMi Elll fcl Ifl L| I fl icans. Mrs. Alt found that the Chilean people are very proud. Although reduced to begging because of unemployment and (516) 747-4311 • The Bar Course That Cares. PIEPER REPS MARIA LOTEMPIO AMY MURPHY DONNA SIWEK AMY SULLIVAN MARK POLLARD I combined." Any money sent by the World Bank to help Chile's population is being put into the military to continue oppressing, the.people. The Pieper Course Includes: i? Complete lecture series & Essay writing Multistate Practice and Exam & Multistate Professional Responsibility Exam(MPRE) Multistate Volume New York Law Volume Pr °fessi°nal Responsibility Volume ~ JM/I W€/»ri //I-C/OSS Cl/rtfa/JO? UIVDPk ■ monitored and subject to being disconnected. Also, the group had reason to believe that their actions were being closely monitored by individuals sent to keep an eye on the Amer- REG,STRAnON MUST BE RECEIVED WSI/ 9 if/™ ™f Unfortunately, Pinochet's tactics are working, and not even the Americans were immune from the general feeling of paranoia. Upon leaving New York City the group was told that its hotel room would probably be bugged. All international telephone calls were politically oriented arpieres are found, a prison sentence would be imminent. The arpieres are sold by the Church and all proceeds go to the women who make them. Mrs. Alt remembered a videotape shown to her group depicting the kinds of torture used on prisoners. In a typical torture session, the prisoner is disrobed, tied to a metal bed and doused with water. Electrical shocks are then sent through him for as long as an hour. A doctor will be there to examine the prisoner to determine whether he is healthy enough to withstand some more. Recently the government, as if attempting to fulfill Orwellian prophecy, has begun to use rats as a means of torture. Various Church groups are trying to encourage the citizens of Chile to participate in nonviolent anti-government protests. However, non-violent protestors are treated exactly the same, and subjected to the same tortures, as anti-government protestors who employ more violent methods. As indi- JOHN ROWLEY SUSAN ROGUE �" > * - * 9 Coto'B 1104 Elmwood Avenue 886-1449 I | Around §L i : : 14«f ""* tt^^\^^^^X^'*^3^^ .\^k^f\ " I |rr ii "T«f I' buTTalo s ————————— i2t * ibvll ')>f "; ■MMaaiman Locker Room 1389 Delaware Avenue 75 Edward Street 855-8944 882-9565 /J The Opinion schedule for the 1986 Fall Semester J\ \ is as follows: A V ISSUE COPY DEADLINE* LAYOUT** DATE OF PUBLICATION M 27:7 Mon.,Nov. 17 Thur.,Nov.2o Wed., Nov. 26 W 27:8 M0n.,N0v.24 Sun., Nov. 30/ Fri„Dec.s t\ V Mon., Dec. 1 W \ \ %\ bj fa "Deadline is 12:00 noon. **Layout will be in The Opinion office, room 724 O'Brian Hall at 6 p.m. W V All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office, room 724 O'Brian Hall. [X fAW Staff Meetings are held every Tuesday at 3 p.m. in the office. kl fj "I^B "trf"'"/'/ Founding Fathers Pub fj ' Mulligan's Brick Bar 229 Allen 886-9883 I ~ • W AS r*^J^'^T^lJW!S2! r\" l Pr V W /j V The Cutting Edge.... zations can be made from these recent cases on how New York State has addressed the drug testing issue, it seems that the courts are requiring that there be "reasonable suspicion" that an individual is using drugs before that individual can be tested. Further, only one of the three cases has actually de- World Peace to show and recognize both sides of an argument, and interpret information with insight. I realize attorneys and law students are human beings (surprised?); we suffer from human frailty and idiosyncracy continued frontpage V cided that reasonable suspicion was present, making the search in question reasonable. This strict view in interpreting what constitutes reasonable suspicion of drug use may imply that the courts are not yet willing to approve of drug testing, except in a very limited number of situ- ations. continued frompage 8 our approach to our personal lives. This may help us in our law careers, and it may help us relax around unfamiliar groups of individuals. When we get a client from a different culture, background, etc., we will be a little more comfortable, and ready to listen and objectively interpret the facts. Peace within our microcosmic world? Change by discovery? World peace? and therefore are not perfect (gasp). Colleagues, we should be developing our ability to be objective, and use the insight which we acquire through our illustrious Law School training and experiences to assist us in November 12, 1986 The Opinion 15 �————^—B—B ■ - S 5 Head Rep: H TODD BULLARD | 3rd. Yr. Head Rep. KEVIN COMSTOCK ■ Bernetta Bourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon Paul Kar P Katie Keib JaV Kennigsberg Alicia Lacappruccia Jay Lippman Dave Piatt Rick Resnick *&%<%? yAyAT 'aWaWA Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg Jennifer Sanders Joel Schecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* 1 2nd. Yr. Head Rep. BARRY STOPPLER Cora Alsante* Steve Balmer* Shari Berlowitz Mike Biehler** Mary Casey Melanie Collins Gail Ellington** Susan Gass** Susan Gigacz Lois Liberman Larry Spiccasi Sam Spiritos Bonnie Mettica "please contact these people to inquire about their status ""associate reps 16 The Opinion November 12, 1986 Bob Mcßride** Ramon Perez Josh B. Rosenblum Nancy Steiger Barry Stopler Lisa Strain Jimjeirney John J. Williams Dana Young \^^fr *VV^ &>£ gsP^ ————' ■■■■ g——b— <§§§^5 >§§§^I $$$*$ vS*C§* rAr^^r^ j^LrZ^ J^m^^Z^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-11-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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Opinion Pictures Presents Few Applied, Fewer Interviewed, And when it was over NO ONE WAS LEFT! ... :::::::::: <i| i MDAn AII CI cr_ TCDDAD iiiiiiiiiill B g foot ""'UNPARALLELED "I laughed, I cried, -and that was just in the men's room ::===::=:= Sjjjjjj::: - Gene shalit 1 j I •<• Where smy milk hum 9 • everything he knows , ~ -The feel-good • . ,/ •■■■■•■■■■ ■ «»•■■■■■ ■■■■■■■■■■ ■■■■■■■■■■ ■■■■■•■■■■ ■■■■■■■■■■ j,.j (lUGS.■>" •* iiiiiiiii: H:::::: ...THE MOST____HORRIFYING MOTION . _ _ j XJi5gP YOU'LL ' ::::;:;:•• I::!:::::: •••••••••• "' ' I w/ I ::::::::■: iiiiiiiii: «-■-_-■■•■ ■■_•■■____ :=::;:=::; ".____!__ ■*■■■■■■■■ ._.... 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Recommended , By Manufacturers- - /y/ , &„_,Decker _. :::::::::: I i:::::::::! [- haven ] THE BUFFALO LAW DEAN MASSACRE* A film by OPINION PICTURES Starring WILLIAM GREINER and £*•»*? y LOUISE TRUBEK Directed by THE UNIVERSITY ADZ jjjjjjijjj I _•■*_ *** __. ro/ ■■_■■■■■■■ ■■••••-■•_ II f_M_'W at > vi_ _tril__l__fl_ UIIIaUVIV aHH is true. •••••••••• Hi::::::: th N W W» !»«*__» ■_■___■_■■ :::::::::: happened :::::::::: |§just _ ______*_______ «K________H__f____.\ Save me a wu ___rF'w_l ____Ki3 __i �9*_____^^ ff — __*■—_"■»■■■■■■■■»■■ —"ex Keed Ira mßm *_____mff7TTt____ ____4W2____ m n !■___ _____ » Sk ____K_l____Fl 0(7 I tlj / )J_f /- m iiiiiiiii: :::::i:::l WL_ L. |">__a_as_ tvtK btt! :::::::::: wWll '~ 4*te__T v [.I ,* m r§-_\Mw \# Lb r% K-f ISSHIiH out of the hills for this one L_ Weekly World News { 1 ' 1 seen - Anonymou , and parts of THE BUFFALO LAW 1 ' | MINISTRATION .JL. SCHOOL FACULTY* | "ZZZZZZZZZZ" . . • — JrC c " " — Students' Rights Flushed as Teachers Take Toilets __„ «_JL. ■■■■■■■■■■■■•■■■■■-■■•■«■■■■■■•••• «# '-r Movie *■ Trac by Krista Hughes In the wake of the faculty parking lot crisis, ÜB's Central Administration has announced that as of November 1, as many as one third of the University's lavatories will be designated "Faculty Restrooms" and will be off-limits to students. The announcement came on Monday, October 20, at an open meeting of the University's Presidential Advisory Board. UB President Steven Sample, in an attempt to justify this decision, explained: "Teachers have to have someplace to go where students can't follow them it has come to my attention that teachers are frequently late for classes and important appointments because students follow them into the restrooms and begin asking time-consuming and often irrelevant questions. Our plan will bar students from certain restrooms only during the hours when teachers are most likely to be using those facilities, specifically, between 8 in the morning and 4 in the afternoon." ... Sample remarked, "Hopefully this step will help to alleviate the problem of teacher tardiness, which is, I might add, through no fault of the teachers •■■■■■■■■■■■■■■■■■■■«■■•■■■«■■*■■■■ ■■■■■■■■■■■■■■•■■■■■■■•■■■■■■■■■■•■ m imm themselves." Sample alluded to the parking situation and commented that the allocation of the six most accessible and convenient parking lots to the exclusive use of faculty and staff was "a perfectly valid plan." However, "noisy students espousing trivial 'student rights'" have apparently gotten in the way of the "smooth running" of one of the administration's most concampus-related troversial plans. Yet Sample does not pre- I —-« —t-.1 u r. >T I<:tED ,B_, HMimtuß iwi >K _^km c ,?._„im r»wiT _T> wim-111l ■■■■■■■■■■■■■■■■■■■■■■■■■■■•■■■■■•■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■» .....«•••••••••■«•••••■■•■•■■••■••■ ■ ■■ .■ I. II iom Headnck UUI room that teachers and staff members venture elsewhere to re- students to use." It is unlikely, however, that Sample's assurances will prove to be comforting or placating to the student body. Undergraduate Student Association President Paul Verdolino, in a poorly attended press-conference held shortly after Sam- students to band together once again to protest yet another demeaning administrative decision. I for one am prepared and willing to take off my shirt again and demand that students be given back their bathrooms." Those closest to Verdolino have suggested thata restroom sit-in may be in the offing. Although details are still sketchy, SA's plan would call for three or four students to occupy each ple's announcement, stated: "It newly designated faculty rest- dent opposition to the proposed faculty bathrooms scheme: "There are still lots of bathrooms all over campus for and politely appears that it's time for all UB diet that there will be much stu- request lievethemselves during theduration of the protest. An announcement concerning the date of such a protest will not be made until a day or two before the demonstration is to take place. Students are advised to pay attention to the The Spectrum, The Opinion, and the mailroom wall for a date and time. continued on page 16 "Jaws of Life" Free Trapped Students by Barb Dwyer The "Jaws of Life" were needed Saturday to free students trapped in Room 108 O'Brian during a "Future Interests" class taught by Professor Mugel. The Eggertsville Rescue Squad was summoned to campus by friends and relatives concerned by the prolonged absence of loved ones enrolled in the course, which meets for one hour each Saturday at 8:30 a.m. "Sometimes he's gone upwards of four hours," said the mother of one victim. "But when it started getting dark, I knew something had gone wrong." Indeed, it had gone wrong, tragically wrong. When rescuers pried open the classroom, they foundbodies piled high by the doors. Bloodied and broken hands attested to a futile, last ditch escape effort. Climbing over the fallen, they discovered some students still alive in their seats. Too listless to move on their own after their grueling ordeal, students had to be carried into the hallway and revived with coffee and other stimulants before they could speak of the harrowing experience. "It was a nightmare!" whim- pered one survivor.Another described it in more detail: "I lost feeling in my legs, my eyelids grew heavierand heavier. Soon I lost the will to move, or even live. It was like breathing in carbon monoxide." One poor soul was found crouching in a corner moaning "the horror, the horror" over and over. Doctors fear he will never regain his senses. "I've never seen anything like it," said one paramedic. sprawled were "People everywhere, glassy-eyed, staring into space. Like zombies, or something." Professor Mugel was reported in fine health and una- ware of the rescue mission. At last report he was still delivering his lecture. When reached for comment. Associate Dean John Henry Schlegel observed that this wasn't the first time something like this has happened. "Just last spring," said Schlegel, "we had to use the "Jaws" on Diane Avery's property class.And two years ago, we seriously considered buying our own set for Spiegelman's Civ Pro on Fridays. But it was voted down by the faculty." �bloody gore The administration, and Provost Bill Greiner, the people who shocked movie-goers with the senseless, of his last film, "The Buffalo Law Dean Massacre," bring you: * mmmm Earthquake II mmmm PRODUCED BY: Ineptitude MRECTED BY: California Senator Ross "t 1 TITLE SONG: "Provosts Just Want to Have Funds" ' — Cyndi Lauper '" M V Jtek v > V A . x \ extravaganza!" Bar Review Wars Wreak Horrible Happenstances by Dana Young It started out as a simple name-calling contest, but by the time it was over, at least one BAR BRI rep lay unconscious, knocked out by a high-flying Review "Multi-State Bar Course" book. A host of other Bar Bri and Josephson rep's suffered from ripped clothing, superficial scratches, loss of handfull clumps of hair; and coffee and doughnut stains. One Josephson rep was found stuffed under a bench, mummified in reels of "Hearing is Believing" cassettee tape. Administration officials, trying to understand what precipitated last Friday's unprecedented event, have been questioning students all week. It seems that hostilities had been mounting between the two rival factions for some time. Over half of ÜB's law students sell bar review courses for either Josephson or BAR BRI (Pieper, the pacifist bar review course, has reps but no one knows who or where they are). As a rule, every rep must sell at least two bar review courses in order to receive a free bar review course for themselves (the only reason for being a rep). YES, given the overkill of reps it isSURVIVAL OF THE FITTEST. Up until now, the methods of warfare have been insidious: masked Bar Bri reps sneaking through the law school late at night to rip down Josephson posters and announcements; Josephson reps stuffing student mailboxes with "BAR BRI SUCKS" flyers; and raging free pizza and beer wars on both sides. Most recently, a clever Josephson rep staged a "mock" Bar Bri "free pizza and beer" 2 The Opinion open house in room 91t-of O'Brian Hall. Most invidious (as~ opposed to insidious.) Motivated by increasing unease and suspicion, BAR BRI and Josephson reps set up their sales tables within hearing and seeing distance ofeach other in the first floor hall of the law school. Free doughnuts and coffee were permanently affixed to each table. The first few weeks of this arrangement proved uneventful, as both sides seemed to sit at an impasse, only occasionally fighting over interested students. However, as administration officials learned from a key witness, on last Friday the pent up competitive tensions finally erupted. As this witness recounted, it all started when a first year was accosted after class by a Josephson rep (JR) who started using the "Jim Jones" school of sales strategy, purring to the student in a soft, hypnotic tone on the necessity of buying a bar review course NOW, and the advantages of choosing Josephson, the "per- sonal" course. Picking up this conversation with hearing of a bionic nature, the Bar Bri rep (BB) yelled over to the student that everyone who is anyone takes BAR BRI, the "largest" bar review course. Before the student could respond, JR purred at him, "You're a big boy now, I'm sure you won't be influenced by what everyone else does, but make an intelligent will have a Here, choice .. doughnut." At this point, a crowd began to form. A handful of blue jacketed BB's took their place behind the BB table while the red October 29, 1986 jacketed JR's sidled over to their side. The student, quite bewildered, then made a grave mistake. He wimpered, "May I just have some information to readoverfrom BOTH of you?" In the onslaught of paper that ensued, no one could be sure whether a fight was going on or a ticker tape parade. The student responsible for the mayhem was observed running from the scene, stuffed like a scarecrow and spitting up wads of sales contracts and registration cards. Public Safety arrived on the scene, but not before the heavy artillery had been called out. It was an ugly scene. Tables were overturned at each end of the hall as barricades, and Multistate Bar Review books zipped through the air, crashing against floors, walls, tables, and occasionally hitting behind enemy lines. The hall was strewn with crumpled paper balls, reels of unwound cassette tape, mashed doughnuts, and puddles of coffee. All and all, a proverbial mess. No sanctions have been imposed against either barreview organization as yet. However, the administration hopes to come up with a recommendation within the academic year. Professor Marcus recommended giving all students involved a "D", until reminded that bar review was not a graded course. Former ActingDean Schlegel was said to be mumbling something about "scummy and disgusting behavior" and the decadence of youth today. Entertainment Law Attorney Peter Haydirt Represents Odd Pumpkin Meat Band by Manley Cave If you're interested in the exciting field of entertainment law, then you've probably heard offamous attorney Peter Haydirt at the firm of Stanley, Sherman, Miley, Wessel, Smith, Mckay, Evans, Stevens, Oldham, Seymour, Fenton, Felton & Feldman in New York City. Mr. Haydirt is by far one of the most acclaimed and recognized attorneys who specializes in entertainment law. Recently, I had an opportunity to visit Mr. Haydirt at his office, interview him, and follow him around for the day to get a feel for the practice of entertainment law. During my visit, Mr. Haydirt accepted a case involving both the civil and criminal defense ofEric "Larry" Bulgaria, lead singer of the famed "Pumpkin Meat Band." As you are probably aware, the Pumpkin Meat Band is a punk rock group from the Midwest. The band has been arrested and accused of various criminal' offenses during their tours, and rightly so. Lead Singer Larry Bulgaria often spits and swears at the audience. Bassist Darren Robinson has occasionally beaten and strangled members of the audience with his long bass guitar strings. Spancer Brunner, the band's drummer, has often taken out whole page ads in local newspapers advocating the use of controlled substances by local youth. Anyway, in the late afternoon Larry Bulgaria showed up at the law offices to confer with his attorney. The conversation which followed involved a discussion of the charges pending against Bulgaria. Evidently, Bulgaria became frightened at one of the concerts when a patron, holding a rolled-up poster, pointed it at the stage. Bulgaria states that he though it was a weapon, and at that point he started throwing cans of pizza mix sauce into the crowd. Several spectators were hit with the cans and injured, and Bulgaria was arrested for disturbing the peace. After consultation, attorney Peter Haydirt decided that he would use the "refrigerator trick" as a defense. This involves taking the position that Bulgaria was merely making pizza on stage when the cans of pizza mix accidentally fell onto the crowd, and that this was unintentional. A first amendment claim, that throwing pizza mix is protected expression, has been adopted as an alternative defense. The brief has been drafted, and the cases are on the docket for trial in November. Haydirt and Bulgaria are convinced that they will prevail. I had a chance to ask Mr. Haydirt a few questions about entertainment law: MC: How did you become interested in entertainment law? PH: I was in a play one time called Harvey. There was this rabbit which kept saying subliminal things to me. MC: Right. Okay, what's been continued on fHiHc "* �THE OPINION Volume 27, No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 29, 1986 Gary Peller, Law Profs Debate Definition of Knowledge, "Intellectual Anarchism" by Idelle Abrams "Whatever Critical Legal Studies is, it is not monolithic," was the final comment after two hours of debateand discussion with Gary Peller, a professor at the University of Virginia Law School, and faculty from this law school, presented on Friday, October 17. Professors Alan Freeman and Elizabeth Mensch invited Peller to speak about the nature of CLS work to dispel the sense they have gotten from students that CLS is some "sinister but terribly well-kept secret," said Mensch. Peller began his discussion of the "Critique of the Critique of Power: IsThere a Place for Intellectual Anarchism?" by saying that his interest is in political change and in people acting out against authority. The problem, however, of political organizing on the left, as he sees it, is "how to get people to believe they can actually do something," how to overcome "people's passivity and feeling of powerlessness" to get themto resist. The classic liberal answer to how to get people to resist is the enlightenment thought that "promised that you could resist authority through knowledge." The authority that reigned in the Dark Ages of prejudice, superstition and mythology could be resisted through the acquisition of knowledge, by "bringing things to light." In this way, said Peller, you made "power answer at the citadel of — — reason." Knowledge is central to the notion of spiritual elevation in liberal thought. "The whole knowledge enterprise is very tied up in our culture in terms of the middle-class image," said Peller. As contrasted to the "primitive" the person who knows more, who has a greater self-awareness, is deemed to be the better person. In addition, knowledge is egalitarian. "Everyone can do the rational exercise. This is liberalism with all its Utopian flavor," said Peller. The problem with the glorification of knowledge, however, is the concomitant rejection of the self, Peller said. When you begin an academic experience, you have the sense thatthe understanding you started with "is somehow insufficient, that what you think is unenlightened." You suffer these feelings of inadequacy until you learn how to talk in the right language and develop "some defense about your beliefs that is more that that's what you feel like saying." Pellerused the example of his grandmother to describe this process of alienation in education. His grandmother, whom he knew while he was growing up, was an immigrant from Poland who had worked in the sweatshops in New York City during the 19305. When he started reading about that period Peller's first impression was, "This is really interesting. I didn't know this. This really adds to my concept of what was going on with my grandmother and her friends." But after reading for a while, Peller was left with the feeling that "everything that I knew about my grandmother is bullshit. The only reality is what you can prove." At that moment, said Peller, there's "a true existential denial of what you know, a repression that I experience as self-denial." It is in this instant that one can understand "that knowledge is a particular form of struggle and power. The knowledge that gets called knowledge is a particular victory of particular groups in a particular time and space in the world. That's what I want to fight against," he said. There are two possible responses then to this situation of knowledge and power, explained Peller. One possibility would be "to get into the argument" about knowledge. The other would be, as Peller described it, "to demonstrate that all claims to knowledge are just as superstitious as what is said to be superstition." In other words, "the category of reason is not a neutral category." The methodology that Peller uses to analyze this problem is deconstruction, which attempts to "displace and decenter text." He does this as an attempt to reclaim passion, superstition, rhythm and arationality as forms of knowledge. Peller then discussed three objections that could be raised to this analysis of knowledge. The first problem is one of circularity that any claim which attempts to expose the cultural assumptions about knowledge can itselfbe deconstructed. Peller's response was that "the — continued on page 4 Incoming First Year Class: Lower Scores, Fewer Women, More Minority Students by Dana Young How does the incoming first year class compare to those of thepast two years? Information provided by Ms. Helen Crosby, our Registrar, reveals some interesting, albeit statistically insignificant, insights into the changing composition of the first year Law School class. This fall, 261 students chose to be a part of this year's entering Law School class. This figure is slightly higher than last year, when only 256 students were registered, but slightly lower than the year before, when there were 275 students enrolled in the first year class. Of the 261 students who are now "ILs," 158 are men and 103 are women. As a percentage, this is 60 percent men and 40 percent women. Interestingly, the percentage of women enrolled has sharply declined. For the past two years, women comprised approximately 47 percent of the entering class. This 7 percent decline in enrollment status is attributed by Ms. Crosby to the fact that fewer women probably applied for admission, rather than to any conscious actions on the part of the Admissions Committee. Statistically, a one year decline have slightly declined every year for the past three entering classes. Those entering UB two years ago (they are the 3rd Registrar Helen Crosby such as this is insignificant, but the male/femaleratio should be monitored for signs of further decline. How does this first year class stack up academically against the past two? Not quite as well. The average GPA and LSAT score of entering first years years now) had a median GPA of 3.3 and a medianLSAT score of 36. An estimate based on an average, versus median, score was not available for this class. (However, according to Ms. Crosby, the median figure varies only slightly from the average, usually affecting the LSAT score such that it may be 1point higher.) Last year's first year class (now the tremendous 2nd years) had an average GPA of 3.27 and an average LSAT score of 35. This represents a slight decline. In further comparison, this year's first year class has an average GPA of 3.13 and an average LSAT score of 33. This decline is quite significant. Looking at these numbers, it seems a pattern has emerged whereby, on the average, GPA and LSAT scores are declining. One can postulate many reasons for this decline, among them a changing pool of applicants to choose from (perhaps due to the Gourman report) mandating lower standards of admission. While this is pure speculation, one hopes the administration will examine this phenomenon more concretely, determining those factors which are responsible for the decline, and ameliorating any problems (e.g. in public rela- tions, admissions process, etc.) within their control. The administration seems to Mandatory Drug Testing is Moot Ct. Issue by Amy Sullivan The 1986 Charles S. Desmond Moot Court Competition is underway. The week ofOctober 13, Moot Court competitors were required to hand in an outline of their arguments. The problem was written by Peter AbdeMa, chairman of the Problem Committee, along with the other committee members. The hypothetical problem involves an employee drug testing urinalysis program by the "Agency for Reforming the Bureaucracy." The issues that are raised include the right to confidentiality and privacy of the employees; the procedural requirement of the Due Process Clause oftheFifth Amendment; class certification; and search and seizure. Robin Checkla, director of the Moot Court Board, explained that this topic was chosen "because we thought it would be interesting, stir debate, and probably hit real close to home soon." A memo had been sent to participants regarding the requirements for the sequence in which issues should be address- ed. The decision had stirred concern among the participants. A final decision was rendered to adhere to this requirement. It was deemed critical by the Problem Committee in order to assure a clear and consistent organization of the brief. Due to the inconvenience, the deadline for the date of submission of the brief was extended until Saturday, November 1, at 5 p.m. There will be a chance for teams to attend oral practice rounds commencing Sunday, November 2. Preliminary rounds begin on Monday, November 10, followed by the quarterfinals, semifinals, and finals which begin on November 15. October be making a concerted effort to recruit more minorities. While last year's class had only 27 minority students enrolled (compared to 31 the year before), this year 50 minority students are enrolled in the first year class. Furthermore, while most oflast year's minority students were enrolled in the Legal Methods Program, this year there are 23 Legal Methods students. Thus, using basic subtraction, at least half of this year's minority students are en- rolled full time. Finally, a piece of trivia. Approximately 79 undergraduate institutions are represented by this first year class. This includes 2 students who came to UB from California (I'd like to hear the rationale for that deci- sion!). Statistics and numbers aside, the 1986-87first year law school class seems to embody a group of bright, energetic and fun individuals. Good luck with being a "IL." We are glad to have you! Inside .... Wallin Returns UB Grad at FCC .... New Billing Procedures SBA Briefs . PAD Initiation 29, ,1986 The Opinion ..... . 4 6 7 10 II 3 �Mock Trial Now Required for Sec. 1 Students by Melinda K. Schneider In the fall of 1983, Professor Charles Ewing started what has now become a fall tradition at UB Law School: a mock trial conducted in the Moot Court Room. The trial deals with a criminal date-rape case, State v. Rusk, and aside from Ewing, who presides as judge, its participants are comprised of law school and undergraduate students. Past participation in the trial was voluntary, but in this, the trial's fourth year, it has been incorporated into the curriculum and is mandatory for Section 1 first year students. Students in all three sections now take a course in, and receive credit for, "Perspectives on Lawyering," which includes professional responsibility. Included in the course for Section 1 students is participation in the mock trial. This year there were three trials held on Oct. 21, 22, and 23, because there are ninety first year students and a handful of upper level students involved in the six teams necessary to carry out the exercise. In the beginning, Ewing alone worked with students, but since the first year, former particip- ants act as volunteer coaches, and there are now 12 coaches for the six teams. The jury is made up of undergraduate students who volunteer after either seeing posters advertising the event, after reading an their part in it very seriously once they become involved. Ewing has used the same case for four years for several reasons: the case has a great deal of emotional appeal for students; it is one that they are has also noticed that the case it plays out differently than reading when reads. In general, the case, students tend to think that Rusk is guilty, and that it is an easy conviction. When they are actually involved in reenacting the trial, they realize that the issues are much more complex, and they see how difficult it is to convict. In only one previous trial was there a conviction, and that came after Ewing pressured the jury to break its deadlock. Ewing was concerned that because the trial is now required, students would be less willing to participate. He found, to the contrary, that they were just as enthusiastic about the trial as in previous years, and in fact seemed more interested in the legal theories of the case. This year's students requested jury instructions that consider not that "negligent rape" Rusk knew victim Pat would not consent, but that a "reasonable person" would have known. — Mock Trial Prosecutor mokes his point article in the Spectrum informing them about it, through Criminology classes, or just by word of mouth. The juries in general tend to take the trial and familiar with through Criminal Law; and it is not so one-sided that there is a clear cut decision anticipated by either the defense or prosecution. Ewing There is no mention of mens rea in rape cases, and Ewing's students seem to take the is- sues more seriously and think it should be a consideration. Ewing is not bored with his role as judge yet and still gets a kick out of presiding, although he may eventually have to change the case. It is still worth it to him to see students so excited about something in first year law school. Not only do students have the opportunity to meet other students, but Ewing himself gets to know his students better, and to meet them individually as they drop by to consult with him on the case. The students benefit by seeing that lawyering skills really can make a difference; that it is not just the facts or the law itself that determine the outcome of a particularcase. He is waiting for students in other sections to want to be involved because his own students seem to have so much fun with it. While the mock trial was Ewing's brain-child, Professor Fred Konefsky was the driving force behind the perspective program of which the trial is now a part. Ewing noted thatall Section 1 professors; Atleson, Avery, Engel, Ewing, Konefsky and Berger are really behind the whole program, and feel it enriches the first year curriculum. Wallin Returns from Successful By-Pass Surgery by Zulma A. Bodon well. Prior to his operation, Wallin had some responsibility over students' records and over most matters he said: "We have had some changes in the sponsibilities After a four month absence Assistant Dean Charles Wallin is back. During the summer recess he underwent a successful heart by-pass operation. Although his duties have changed somewhat since coming back, he remains responsible for the scheduling of the classes and final exams. Wallin has been assistant dean since 1971. Before coming to the law school he worked at ÜB's budget office and, prior to that, for the State of New York as an auditor-accountant. His reason for coming to the law school "was because of my knowledge and ability for budgeting." Wallin has served as registrar of the law school as concerning academic affairs. This, however, may change. When asked about his present and future re- administration. Professor Newhouse has come on board as acting dean since I was gone, and Professor Girth has come on board as associate dean. I used to have responsibility of the student records [but] I am not quite sure I am going to keep that part of the job." Wallin will continue, however, to play a major role with admissions. "I am more or less the one who remains constant with the Admissions Committee so that each year, while we may change admissions chairmen, I am the person [who remainsl ongoing with the Admissions Committee and have been since I started." A big part ofWallin's job, and one which is unlikely to change, is making recommendations to the Dean about the law school's budgetary matters. Equally important is his continuous involvement with annual statistical reports such as the one he is currently working on for the American Association of Law Schools (AALS). He considers this a complicated report which requires detailed statistical information about UB Law School for use by the AALS. Most American Law Schools belong to the AALS "who, through and with the American Bar Association (ABA), of which we are members, request, and in fact require, that all law schools send this report so that they can produce statistical analyses and data that are useful to many law schools." During Wallin's brief absence, things continued to run smoothly as a result of his prior planning. "I knew I was going attitude about the exercises program "is like a love-hate affair: "I like it when I am finished." And even though Wallin will not be finished with the program for six months, he fall before I left. The admissions were just about complete." Wallin expressed optimism about his health. "The by-pass operation was very much a success. I am on an exercise program three times a week." His Assistant Dean Charles Wallin continucdfrom page 3 purpose of dragging down the tree of knowledge to our human level of struggle is that I can say this without having to come up with a defense." The second criticism Peller addressed was that if no discourse can be elevated as knowledge "then you commit the liberal pluralist fallacy" that everything is open to discourse. countered saying, "I don't believe that at all. I want to repress a whole bunch of different discourses without any defense." A final criticism that could be leveled at his analysis is that it will not help organize people politically because people need to believe there's a master theory and that they're right. The question then, said Peller, is which approach is more debilitating to organizing "telling people they have to spout a particular kind of educated line or saying that power is at stake all over the place and it's okay to act on faith and passion without reason." — The 4 School Administrator. to have this operation. I got all of the scheduling done for the Gary Peller Peller remarked: "I feel good." He certainly looked in good spirits and ready to continue to perform the every day functions of an experienced Law Opinion Professors Robert Steinfeld, Jeff Blum, David Fraser, Errol Meidinger and Isabel Marcus responded to Peller's presentation by expressing their various concerns. Steinfeld was "not convinced that you don't do better being aware" and acting from knowledge and not just from passion. He felt that awareness can open up possibilities and understandings of political resistance that can't be had when you act only as a resultof passion. Peller disagreed and argued that awareness could just as easily show you why you shouldn't do anything, as it could open up other approaches. Blum was not willing to let go of the "tools of rationality legalism, federalism, constitu- — tionalism," because they "may be useful in what is the overwhelming political priority of our day" which is to work against the threat of annihilation in a nuclear war. "Society while having the exterior format of rationality in its dis- October 29, 1986 course is wildly irrational underneath." Therefore, Blum sees the rejection of all theory, and so the attempt to grapple with the larger picture, as "maladaptive" because "like it or not, all you haveis your intelligence to try to prevent your technology from destroying you." Fraser, as a Canadian, had a different perspective. CLS is an American phenomenon, stressed Fraser, that is of limited significance to the world outside the U.S., and even the rest of the U.S. outside law schools. He characterized CLS as "this bizarre phenomenon in law schools. It's white, male, law professors talking about repression and domination." Deconstruction is misused when it says that "oppression is everywhere, omnipresent, and everything is oppression." While this theory may have validity, said Fraser, "it is not true that the oppression I experience is the same as the oppression that the single black mother on welfare experiences every day, every minute of her life." Fraser argued that we forget about knowledge and epistemology and he advocated a return to magic and popular culture. Those are the ways people acquire knowledge in society, he said. People do not rationalize everything in their experience. People get messages through TV and popular culture, not through Foucault and Derrida," said Fraser. Meidinger agreed that white, male, law professors are not oppressed in "virtually any way remotely resembling the kinds of oppression that goes on all the time in our society" but sees the problem as how to forge a connection with oppressed people. One way to do this, he said, is to "see oppression as caught in ideas and visions of the way the world is organized."^ We don't, however, want to reject structure altogether, Meidinger said, but instead need to understand it. "To reject theory is to reject the only way we have to put the world together." The challenge for CLS then, as Meidinger sees it, is to start talking about "how we are going to choose" what good theories are and to describe what a good vision is of how we should relate to each other. Marcus was troubled by the discussion and all thetalk about "connection" because it seemed to be a replication of things she has heard over and over again at otherCLS conferences. As a feminist, the understanding that the personal is political is not problematic. In addition, the whole framework that sets up dichotomies between theory and practice, between public and private is open to question. It is the ability to understand experience, said Marcus, that helps people connect. The problems of sexism and racism are not being adequately addressed by CLS, Marcus continual on pugc L2 �Time id twucuuj oui! I É ; september ; JOIEPHION 9BS5BSS em Bl Hv ■ < :BARREVIEWCOURSE I ' I October I FflEE MPRE with course ' t[ ; [excluding Michigan) - 25% off Kluwer Legal Study Aids I (one time only) ; FREE Bookbag * I yourl : JOIEPHION i| - ; November For more information contact campus representative or LEGAL EDUCATIONA1 CENTERS, INC. 10 East 21 st Street, Suite 1206-7 New York, NY 10010 (212) 505-2060 or (800) 421-4577 inTTfTTf *' ■" Ql 1Q .' j t tmmmmmmm O .:;;--. O Bl IH BMMMWBMH n - h * @ 1986, Josephson/Kiuwer Leflal Educational Centers, Inc. M LJ October 29, 1986 The Opinion 5 �Student Recounts Job in Environment Law by Idelle Abrams The Buffalo Public Interest Law Program, in conjunction with the Career Development Office, presented a discussion of summer job opportunities in environmental law on Tuesday, October 14. Lisa Strain, president of the Environmental Law Society, discussed her experiences this past summer as an intern in the Environmental Protection Bureau in Albany, a division of the New York State Attorney General's office. The work of the EPB varies, explained Strain, depending on the administration. The Attorney General sets the priorities of the bureau. Since Robert Abrams, New York State's current Attorney General, is a strong environmentalist the bureau has been doing a lot of hazardous waste cases. This had not been the case, Strain was surprised to learn, before Abrams came into office. Now the EPB has been prosecuting and initiating cases in the environmental area, especially against toxic waste dumpers. "They are now going after com- panics that havebeen dumping for years and bringing administrative proceedings against them," said Strain. Strain, who had just finished her first year of law school, was very enthusiastic about her experience at the EPB. "It's excellent research and writing experience. The attorneys gave a lot of feedback. They really sat down with me and talked about what was my memoranda wrong, how to narrow them and how to write more con- — cisely." While most of her work as a first year intern was doing research and writing memos, Strain also had a chance to sit in on depositions and go to settlement meetings that arose out of the cases she was working on. The bulk of her work was on a nuisance case and on a case involving easements on land use and land controls. The nuisance case concerned a downstate chicken farm that was not properly treating the manure produced on the farm. The neighbors had been complaining for years but the company had not done anything about it. Now, because the cost of cleaning up the waste would be so high, the company is threatening to go bankrupt and walk away from the problem. This route has become increasingly attractive to companies and is causing big problems for the state, which is left to foot the bill for the cleanup. Previously, the state has arranged for a contractor to clean up the site. However, the state is now unable to get insurance, one manifestation of the insurance "crisis," so it can't hire someone to go onto the site to clean it up. Strain was also involved in a case dealing with easements on land use. Developers have purchased some land in the Shawangunk Mountains, a small mountain range along Lake Minnewaska, near New Paltz. "Described as a spectacular area," the state is concerned because the deed did not specify how much lake water the developers could use. "Ifyou take too much water out," explained Strain, "it will affect the ecolog- ical balance of the whole area" and could destroy the natural habitat. The field of environmental law is changing, said Strain, because the kind of actions that are being brought are different. "You're seeing a lot more criminal actions, where before you used to have a lot of enforcement actions." While the work of the Bureau in the past was focused on actions to enforce the regulations of individual agencies, now it is getting involved in holding corporations criminally liable and imposing criminal sanctions. "Imposing a $10,000 fine on GE doesn't really mean anything to them" and so has been an ineffective way to enforce regulations. Strain said. To increase the success of criminal actions, the Bureau has been working on a way to have the courts view the natural resources of the state as actual property of the state. "Then the Bureau could bring actions against companies for essentially destroying the state's property." One of the second year students in the office was working on this issue this summer, said Strain. "The really good thing about working for a state agency," said Strain, "is that you get a lot of experience. They're much more open about letting you do things and taking on responsibility than a lot of private firms might be." Also, while firms are looking primarily for second year students, government agencies will hire first year students. For those interested in work- ing in a state agency. Strain emphasized that it takes a lot of persistence. The agencies start looking fo people in January and "it takes them a while to get back to you. You have to keep at them," advised Strain. She didn't hear from the EPB until April because they were waiting to hearabout their budget. For this reason. Strain recommended that "you shouldn't rely on any one thing." Rather, you should pursue-many different options because You don't know until very lafe-wnich one is going to pan out, she said. Initiative Pays Off for UB Graduate at FCC by Diane Dean graduates applied for 12 positions at the Four thousand Federal Communications Commission in 1978, the year Jane Mago graduated from UB Law School. She was one of the 4,000 that applied and one of the 12 that got a job. During the fall hiring season that year, she didn't wait for the FCC to come campus. She went to them. And, she thinks, that made all the difference. "I decided that I was going to come to Washington and set up a series of interviews, one of which was the FCC," she said, to ÜB's "What distinguished me from the other people is that I had come down here on my own. I took the initiative to call and make an appointment. They have a hiring program for students right out of school but they only do on-campus interviews at the top 10 schools." "I think the other distinguishing feature was my master's degree in mass communications," she added. Mago initiated her own joint degree program while getting her law degree. Working around the clock, with no summers off, she emerged with law and mass communications degrees. Getting the job at the FCC wasn't the end of Mago's career planning, however. She has since become an expert in inter- national satellitesand common carrier (a la AT&T monopoly breakup) issues and has used those skills in a variety of challenging positions. "If you're in a large government agency, like the Federal once every two months" in courtrooms all over the coun- Communications Commission, you're your own keeper to a very large extent," Mago said. "Moving around within the agency depends on how much you're willing to put into it and how much you're willing to try at what you do." When Mago began at the FCC, she followed her interviewer's advice, and joined the Common Carrier Bureau. She soon moved to the litigation department. ("You know that extra access charge on your phone bill? Well, I won the appeal that put it there. My mother doesn't like me for that.") try. In 1982 FCC Commissioner Ann Jones noticed Mago's work on the Common Carrier appeal and asked Mago to become her special assistant. Mago acted as special assistant for a year "until Ann decided to go into private practice." After what she describes as a "highly political" position with the commissioner, Mago returned to the general litigation office where she has been ever since. Mago defends the FCC in a variety of lawsuits. Citizens file claims against the FCC about certain regulations they dislike and Mago writes the briefs and argues the appeals for the FCC. She describes her job as "playing Moot Court all the time" since she is "forever writing a brief. I've got one due every 30 days and sometimes more often. I have an argument at least But defending the FCC's regulations isn't always easy. Having accepted her first position during the Carter Administration, Mago has since seen a change in the policies handed down by top administrators at her agency. "Sometimes are there women's and minority issues. The administration we have now ..." (pausing, as if to assess how straightforward tobe) "... is not at all interested in affirmative action or giving any recognition to the achievements of women. It's an old boys' network. Some of theregulations we do can help promote more diversity in ownership. And in my mind that would promote diversity in the broadcast media and be healthy for society. That's my policy judgment." "There are decisions which reflect their policy and my job is to defend what they do. At times that's been difficult but fortunately, in this office, any time I've had a really severe disagreement with what was being done I've been able to speak up about it. I've either argued why the policies should not be that way, and have even won once or twice, or I've explained why it isn't a very good policy and have asked that someone else take the case. I can't be a prima donna about it because we have a very small office and someone has to do the work. Some cases I've had to keep and go forward to defend. There's nothing you can do about those cases. It's your job. You have to be as objective as possible and you do the work." One way Mago has been accommodated is by being able to give up public recognition for work she's done but doesn't agree with. She asks that her name not be put on a brief, and that way is not associated with it. "It's a compromise for me," she said. Mago was candid in offering tips on how to get a job similar to hers. She said that distinguishing yourself at least some ofthetimeinlaw school helps. ~"1 was a 'B' student," she said. "I got maybe seven- H's and was on the Moot Court Board. It's really only in that first interview that grades are an issue, though. Since being at the FdC I've had offers from firms that wouldn't even consider talking with me right out of law school. But grades haven't come up since then, except at one law firm a few years ago. They asked me about my grades and my LSAT score! I couldn't even remember what my LSAT score was. And while they asked, the answer didn't even seem very important to them. In getting hired here at the FCC, they were more interested in Moot Court, my dual program, and other activities." Watching her women friends go "on" then "off track" to make partner in Washington law firms, ("Some of them Lindgren in Netherlands as Fulbright Scholar JanetS. Lindgren, a UB Law School professor on sabbatical this semester, is conducting legal research in the Netherlands as a Fulbright Scholar. Lindgren left for the Netherlands in September and will return in January. The site of her research project is the University of Leiden. A scholar in legal history, Lindgren has been a member of Jhft U/BfLaw School faculty She received her sinfce' law degree from the University of Wisconsin in 1971 and was admitted to the Wisconsin Bar 6 fho Dial same year. In her application for the Fulbright award, Lindgren noted that she was "writing within the t Fulbright Scholar Janet Lindftren O'ritofbh'' Oo'«ob(»V'*9,^9w«V'' ,:'"""' area ofconstitutional law on the basis of a series of historical studies that I am completing." The Fulbright program is funded and administeredby the U.S. Information Agency under policy guidelines established by the Board of Foreign Scholarships, whose members are appointed by thePresident. Financial support comes from the •governments of the US. and 27 other nations. Grants are awarded to Arrtericaris to lecture and conduct research abroad and to foreign nationals to engage in similar activities in the U.S. Lindgren is a Buffalo resident and thewife ofBuffalo attorney Thomas E. Schofield, who lectures at the UB Law School. 1 £ '' never get back on track once theyVe had a child"), Mago is happy with her decision to become an attorney for the government. "I chose to come here first," she said. "I think you get the broadest experience coming out of law school. You're put into an environment where you're expected to know a lot very quickly. In a firm I would have leamed more slowly. My friends came in as associates in lawfirms and did cite checking, and got tutored, essentially. Here yoiTre thrown on tyo.ur' own and you sink or swim. I think firms know that,' too. When I was at the FC<? s/x months\ began receiving offers from f rms who had sent rrjje løt- i ters at graduation saying, 'we-, don't hire any graduates who haven't gone to Harvard. t The differencewas that I had experi- _ R continued on pqge 13 • PROFESSIONAL TYPESETTING OFFSET E» PRINTING C M M !_ t a S FAST SERVICE *•COMPETITIVE PRICING •MANY DIFFERENT '■> TYPESTYLES & PAPERS •RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAYI 3171 Main SlrwM ■jHQCQ OTDnCVw? rTryjcySp) , Buffalo. NY U 1676 Nla. Fads Blvd. Tonawanda, NY j frcnta torn &MM 834-7046 * f 8 1 bofypn "■ _2_ *U Seventh Avtaac, awXc 61 New York. New Vwfc 10001 («») W4-|wJf (201)62}-))6) �Financial Aid Rules Will Change Again in 1987 by Delores E. Cross, President Higher Education Services Corporation Congress recently approved a five-year reauthorization of the federal Higher Education Act. The new bill, S. 1965, awaits the President's signature. It contains numerous changes for theTitle IV student financial aid programs which this memorandum attempts to highlight For additional details, please call Peter Keitel, Executive Vice President, at(518) 474-5775 or Charles Treadwell, Program Specialist, at (518) 474-1549. Overview Every title of the Higher Education Act (I through XI) is continued and the funding authorized for FY '87 is $10.2 billion. That figure is lower than previous authorizations but 16 percent higher than the FY '86 appropriation (the amount actually funded), thus allowing room for growth. For the later years, the conferees agreed to increase authorizations by an "educational inflation factor." (Excluding Pell Grants and Guaranteed Student Loans which are authorized to receive "such sums" as necessary to fund award levels.) Student financial aid has proven to be a priority item of attention within the new bill, receiving 95 percent of the bill's total authorizations. TheTitle IV section (student aid) is of particular importance to colleges and students of NewYork State as it provided $1.5 billion in aid this year or 75 percent of all government-sponsored aid I| | j S used in our state. Beginning in July, HESC staff worked with staff from Governor Cuomo's Washington Office to identify six key program priorities which were then conveyed to staff of New York's representatives on the Congressional conference committee: Congressmen Biaggi, Owens and Solarz. They included: loan defermentsfor unemployed borrowers, lender discrimination, rehabilitation of defaulted loans, multi-state guarantor reporting, student loan interest rates and lender special allowance. In the final bill, five of the six HESC priorities were adopted, and a compromise accepted for the sixth priority. In addition, several HESC proposals from our earlier position paper were also adopted. Many of the provisions of the new bill are effective immediately upon receiving the President's signature. These include: In the GuaranteedStudent Loan Program, all students, regardless of family income, must showfinancial need to receive a loan. Currently, only those with incomes above $30,000 must do so. Parent Loans for Undergraduate Students (PLUS) and Supplemental Loans for Students (SLS replaces ALAS) loan limits are increased to $4,000 annually and $20,000 — — - cumulatively. — National Direct Student Loan (renamed Perkins Loans) limits are increased to $4,500 for the first two years of undergraduate study, $9,000 for those who have completed two /7 years of study, and $18,000 for ment. graduate students (including undergraduate loans). Supplemental Educational Opportunity Grant (SEOG) Other significant changes which are effective later include: Lender special allowance for the Guaranteed Student Loan Program is reduced to 3.25 percent above T-bill rates (30 days after bill enactment). Increased loan limits within the Guaranteed Student Loan (GSL) Program (January — maximum awards are increasedfrom $2,000 to $4,000 annually while minimum grants fall from $200 to $100. Loan consolidation is reactivated for those student borrowers with at least $5,000 in loans. Guaranteed Student Loan borrowers are entitled to up to 24 months of deferment, which they are able to use in any increments throughout the life of the loan, if they are seeking but unable to find full-time employ- — — — — 1, 1987). — Revised student financial independence definition (effective January 1,1987for the GSL Program, July 1, 1987 for all other Title IV programs). —Reduced institutional requirements for student aid ap- - by John G. Karrer, Director of Student Finances and Records RecentState Audits have reiterated the requirement that the University comply with State University regulations on the timely collection of tuition and fees. In addition, starting with fiscal 1986-87, our University's operating support is linked to actual revenue collected. During the 1986-87 academic year, changes in the University's registration and billing procedures have moved us toward compliance with SUNY policy. These changes have £2 £a £x £2 Sa £2 — under cetain conditions (October 1, 1988). When the bill is signed, additional information necessary to implement the changes will be provided. produced significant improvements in revenue collected. However, further action is necessary. In order to further improve timely billing and revenue collection, the following steps have been, or will be, im- tion has been revised. The new form lists policy guidelines and procedures on the reverse side of the application. All waiver applications must be filed on this form. (3) All recipients of TAP taking an Incomplete ("I") Grade in a course must have the incomplete grade changed to a passing or failing grade by the end of the semester following the one in which the "I" Grade was taken. Incomplete ("1") carried beyond one semester will result in TAP decertification if Semester. Students who do not receive notification of an award or who submit TAP award notification to the Office of Student Accounts after the last day of instruction for the Fall Semester will be responsible for paying for the difference between the assumed award, currently $600 continued on page 13 \I \ | I Hearing is I believing, fl If New York, New York 10001 212/594-3696 201/623-3363 possible date, but not later than 75 days after the beginning of the semester. These students must have TAP Award notification on file at the Office of Student Accounts not laterthan the last day of instruction of the Fall count statement. (2) The TAP Waiver applica- With Bflß/BRI 415 Seventh Avenue, Suite 62 the Incomplete ("I") Grade drops the student to less than full time. (4) Students with Graduate School tuition waivers who are eligible for TAP are required to apply for TAP at the earliest 1986-87: (1) Deferred payment is no longer extended to students pending reimbursementfrom a third party. All accounts must be paid upon reciept of the ac- THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW $$ Increased GSL student in- — year g e$ — terest rates (July 1, 1988). Revised need analysis formulae for all Title IV programs (July 1, 1988). Less than half-time students eligible for Pell Grants plemented for the academic 33 £x — New Billing Procedures Implemented To Further Improve Revenue Collection Every year, thousands of BAR/BRI students rave about the quality of BAR/BRl's lecturers. BAR/BRl's lecturers are experts on the law, experts on the bar exam and experts on lecturing. "I had no idea the course was this good," is a typical comment. Now, for the first time, you can find out for yourself just how good the BAR/BRI lecturers are. For your own free audiotape sampling of the BAR/BRI course, ask your student representative, stop by our display table or write to BAR/BRI directly. In return, you'll getan earful.. •2% ™ gj plication verification (July 1, 1987). Revised satisfactory academic progress requirement (July 1, 1987). | | ! I $2 V 1 *§ %| *3 £~ K3 I 1 f jp j» K- || fe 160 CommonweaJth Avenue Boston, Massachussetts 02116 617/437-1171 www October. 29, 1986 The Opinipn X*, Cfl 7 �OPINION MIS* STATE UNIVERSITY OF NEU YORK ATBT-TEALO SCHOOLCE LAW Volume 27, No. 5 October 29, 1986 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: Idelle Abrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: MelindaK. Schneider Photographer: Paul Hammond Layout Editor: Susan Clerc Contributing Editor: Amy Sullivan Contributors:' Vince Falvo, Shelley Rice, Diane Dean, Charles Myzel, Zulma Bodon, Brett Gilbert, Mike Kilcoyne, Ed Jozwiak, Tim Burvid. D Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinionis a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial: Kudos to Gilbert Kudos are awarded to SBA President Brett Gilbert for his tenacity in getting the Provost's office to accept first year students Kyle Maldiner and Jim Hayden to the Dean Search Committee. After a good deal of debate, Gilbert eventually acceded to the Provost's demands that SBA submit the names of two other student candidates, but this compromise was essentially conditioned upon the Provost selecting Hayden and Maldiner. It is clear that Gilbert's vigilant backing of the two first year students paid off. The Dean Search Committee is now complete, with law students being represented by their choice of candidates and with respect for procedure still basically intact. Hopefully, the injection of legitimate student concerns will succeed in expeditiously securing qualified dean candidates who will appeal to both the administration and the student body. Yet another problem persists, however, that of the parking crisis. Again Gilbert has been tenacious, leading a Law School contingent that protested en masse with the rest of the student body; meeting with President Sample and the leaders of the four student government groups on a regular basis; and continuously advocating the need for solidarity among students and faculty to increase pressure on the State University System to alleviate this problem. Unfortunately, Gilbert's efforts appear to be stuck in a quagmire of bureaucratic red tape. Sample has maintained that the restrictive parking policy will remain in effect pending the recommendation of a yet-to-be formed Parking Task Force. By retaining the restrictive parking policy, the University has lodged yet another wedge between the relations of students and faculty, and forced students to fend for themselves. The Parking Task Force, while good in theory, is procedural procrastination at the students' expense. The longer the current restrictive parking signs remain, the more permanent a fixture they will become. The constant turnover of students, in contrast to the rather fixed presence of faculty persons, would seem to undermine any future impetus of the University to alleviate the problem. We wish Gilbert and the SBA the best of luck in their efforts to keep this issue alive, and hope that the controversy continues when their cars have left the parking lots after graduation day in May. CLARIFICATION: In the Editorial entitled, "Choose Substance, Not Procedure" (The Opinion, October 15, 1986; Vol. 27, No. 4) we referred to Provost William Greiner as a "former faculty member." He is actually still a part-time faculty member at the Law School. We apologize for any confusion this may have caused. The Editors HAPPH Item It It 9 by Vincent Falvo Commentary Reagan's Rigid Stance on 'Star Wars' Draws Fiery Salvo From Columnist Falvo many Americans, and the rest of the world for that matter, received a healthy dose of Reaganspeak this week in the wake of the Iceland summit. The President and the damage control forces at the White House labored long and hard so that Reagan's denial of a Soviet arms control proposal was not misinterpreted. In this mad scramble to set the record straight, however, several of the non-issues that hauntthe arms control process became glaringly obvious and Reagan's ultimate intentions less so. The weight of the controversy, of course, concerns the Star Wars defense system. This system, subject of many an artist's conception, madeits debut as an "initiative" or plan for the future as in the "Strategic Defense Initiative". Soon thereafter, the Reagan administration revealed that all this Star Wars business was just a "bargaining chip." If the threat of the Star Wars program returned the Soviets to the negotiation table at Geneva, the bargaining chip had served its purpose. „ The Star Wars plan continued as a simple "bargaining chip" for a few years until suddenly, metaphors were switched at the Iceland summit. (My use of the word "summit" comes despite the President's vehement objection.) In the quick turn of a phrase. Star Wars was no longer a "bargaining chip," a simple quid pro quo for some Soviet concession, but a "trump card!" The correct moment to play this "ace in the hole," though, was not at Re- by Charles Myzel In the words of the immortal playwright, Shakespeare, "Friends, Romans, Countrymen, lend me your ears." I would like to present a report on the Student Bar Association's student-faculty committees. This report will not deal with the who, what, where, why, and howof these committees, but with some candid statements of those involved in the lengthy selection process that was used. First, I would like to commend all those people who helped to make the selection process a success; for it is not whether you win or lose but how they play the game. Your representatives to the SBA had the following candid comments Washington. The administration's work at clarifying its Star Wars' objectives has certainly paid off. Numerous public opinion polls have confirmed that a clear majority of Americans approve of the Reagan policy on the Strategic Defense Initiative. Additionally, most polls indicate that a majority favors the government going ahead with deployment of a satellite defense defense system. Interestingly though, some of the man-inthe-street comments that accompany these polls show that the heavens. The more the Reagan administration seeks to portray Star Wars as vital to our strategic interests, the more the public perceives it as so. ' Just when the uproar over the Iceland meeting was recedanother mini-fiasco ing, erupted which sent members of the press scurrying. During his address to the nation, Reagan articulated that his ultimate intention with Star Wars was the total elimination of nuclear weapons. Later in the week though, the President stated that his dream was to eliminate all ballistic weapons only. Chief of Staff Donald Regan quickly stated that, in fact, the President meant only to eliminateballistic missiles. The following day, however, George Schultz told a press conference that Reagan had meant all forms of nuclear weapons, by gosh, only to later admit that the President's enthusiasm for a nuclear-free world extended only to landbased ballistic missiles. What's never been at issue, unfortunately, is whether either version should be taken seriously. Perhaps a healthy sense of skepticism is the best advice to the American public as the Reaganites reveal yet another advertisementforthe Star Wars system. (I think "Keeper of Democracy" is next.) For in the long run, this rose by any other name is still an initiative, and a damn expensive one at that. on the selection process: appearance and fairness in the selection process is important; there was inconsistency in the voting process; rules should be set up to govern the selection process; does anyone really follow rules at 11:30 p.m.? The Student Bar Association has said that the present method of selecting student representatives to the various student-faculty committees is fair; and we all know that the Student Bar Association is an honorable body. Before continuing, I have to admit that I participated in the selection process and was unsuccessful in my bid for one of the available positions. But I want to make this perfectly clear, I am not a sore loser! A disappointed office seeker perhaps, but one who will undoubtedly try again the next time. It is easy to sit back and criticize the system and to grow apathetic, when it does not meet your expectations. However, it is far more difficult to work for reform in the system and to participate in that re- form. To quote Lord Acton, "The one pervading evil of democracy is the tyranny of the majority, or rather that party, not always the majority, that succeeds, by force or fraud, in carrying elections." Remember, it's your right to vote, use it or lose it. Thank you. The Opinion Mailbox Exams Scheduled 34 Hours Before Christmas Open Latter to the Administration: I have just one question: Was it necessary to schedule exams through the 23rd day of December? Despite being in law school for two years or more, many of Christmas Eve. Those students with exams on the 23rd (which will be many considering three sections of Family Law are scheduled for exams) and even The Opinion October 29, 1986 formed us that what we had in Star Wars was, lo and behold, an "insurance policy." One could detect a strenuous effort by the Reagan administration to describe its favorite military initiative in the most politically profitable terms. And while it seems thatStarWars has spurred the Soviet's interest in achieving arms control, it's hard to imagine how this laboratory work insures our safety when 500 megatons are aimed at Americans have been led to believe that Star Wars is not in the primitive blueprint stage, but actually up there patrolling Interviewee Offers Reflections Upon Recent SBA Committee Selection Processes us still maintain our Christian roots, and have an interest in being home for the Christmas holidays. This means several days before Christmas, not on 8 kyjavik argues the President. One can only imagine, however, how the Soviet Union will eventually react to being trumped. One might also speculate, with some Freudian insight perhaps, why arms control maneuvering is always couched in terms common to gambling. On Monday night, with the benefit of a day's contemplation, Reagan took to his favorite medium to explain himself to the American public. In the midst of this half-hour address, Reagan refrained from talk of "trump cards" but rather in- those with exams on the 22nd (again, large classes) will be lucky to get home by December 23. Many will probably arrive home only by December 24, barely in time for Christmas, and too latefor Christmas shopping. Remember, with exams beginning on December 9, there will be at least 3 weeks worth of mess and grime to clean up before leaving, as well as packing a month's worth of "stuff" that goes home. I, for one, am not looking forward to closing up my apartment, frantically packing on De- cemb'er 23 (my last exam is December 22), and then driving eight hours home, all while my family is decorating our Christmas tree, and drinking eggnog while singing yuletides by the fire (sounds cozy, huh, well it is). Last year, as I recall, exams ended December 18. I was a first year then, and started exams later than the upperclassmen, due to thefirst years' week off in October. Now I am a second year, getting no week off in October, yet I also have continued on page 13 �The"Boy Mechanic by Kevin O'Shaughnessy Pagan Lure of Halloween Endures 80's Pablum . "HALLOWEEN: Now a children's holiday, Halloween was originally a Celtic festivalfor the dead, celebrated on thelast day of the Celtic year, October it was believed that on 31 this night witches and warlocks flew abroad; and large bonfires were built to ward off these malevolent spirits ..." Academic American — Encyclopedia ... "HALLOWEEN is derived from the rites of the druids celebrating the day of Saman, when the Lord of Death called together thesouls of thewicked who had died during the past year. The theme of the harvest, which runs through modern Halloween celebrations, comes from old druidic celebrations and the old Roman festivals in honor of Pomona, goddess of fruit, which were brought to Britain during the Roman Occupation." Collier's Encyclopedia "HALLOWEEN: also called All Hallows Eve, evening of October — 31. From the Church's view- point it is the vigil of All Saint's Day. However, sincethe Middle Ages, Pagan customs and belief about evil spirits and the souls of the dead have attached themselves to this evening... " Encyclopedia Britannica — these Although encyclopedias cannot, it seems, pinpoint Halloween's exact origin, its roots run very deep in our culture. People celebrate Halloween even though it does not merit a day off from school or work. There is no "Halloween Weekend." This meansthegovernment has not bastardized Halloween to make sure civil servants and bankers have a holiday on the fourth Monday in October. Washington's and Lincoln's birthdays have become one through this process You guys were great presidents, but no one gets two days off in February. Halloween stands alone. Halloween is less commercial . than Christmas. There is no three month "Halloween Season." Sure, the candy companies make a big advertising push, but grocery stores don't play Halloween carols in August. Yes, I saw the Coors Light commercial featuring Elvira, mistress of the dark, but that is just one commercial.. Has Perry Como ever recorded a Halloween Album? Andy Williams? Doris Day? I doubt that Slim Whitman, despite his vast repetoir, has ever yodeled a version of Bobby "Boris" Pickett's Halloween anthem, "Monster Mash." . One of my favorite parts of Halloween is the Charlie Brown Halloween Special. The story explores several characters perceptions of Halloween and its rituals. Lucy, a future corporate attorney, leads a group of children throughout the neighborhood to insure the maximization of their candy gathering intake. Linus (a future Marxist Critical Legal Studies Scholar), chastised by his peers for shunning the standard candy gathering rituals, prefers to spend the evening in the pumpkin patch eagerly awaiting the arrival of the mystical "Great Pumpkin". Cynics might say thatLinus was merely hoping for the bevy of, gifts that the "Great Pumpkin" was to bestow upon his sincere followers, but I contend Linus wanted something far more intangible: the true Halloween spirit. Charlie Brown is a lost soul (like most of us). He lacks the conviction to stand with Linus in the pumpkin patch, but he is not happy with Lucy's traditional Halloween candy gathering tactics. His indecisiveness causes him to be left holding a bag of rocks. Whether its origins are Celtic, Roman, Pagan or "Peanuts", Halloween appeals to our darker side. A vital part of Halloween's appeal is that most people feel the need to defy authority periodically. The idea of devoting one night a druidic, The Cutting Edge year to candy gathering and petty acts of vandalism appeals to even the most abstinant personality. Halloween's rituals (costumes, pranks, ghosts ...) demonstrate that a world which is obsessed with rules, facts and science, still desperately needs to believe in magic. It's a shame that children acknowledge this much more readily than adults. But the Halloween spirit is still within the reach of these poor souls unfortunate enough to be labeled adults. Of course, you have to be willing to spend an evening in a pumpkin patch every once in awhile. Otherwise you might spend life gathering a large bag of rocks. With this in mind, I would like to invite you to the Boy Mechanic's (and his roommate's) Seventh Annual Halloween Party on Friday, October31, at 633 West Delevan Avenue (maps are posted in the mailroom). The party starts at nine, wear a costume. by Dana Young New Law Changes Liability for Non-Economic Loss Future lawyers take notice. Another change hasbeen made in the area of tort law.As of July 30, a new Article 16 has been added to the Civil PracticeLaws and Rules (CPLR) partially abrogating old tort law on "joint and several" liability. As tort scholars will recall, it has been the common law rule that joint tortfeasors can be held both jointly and/or severally liable. Thus, a plaintiff injured by defendants Dl, D 2and D 3could individually sue Dl, D2, or D3, or sue all three of them. Several liability might be desirable if a defendant had a "deep pocket." For example, if D 1was a mega-corporation, the plaintiff might seek judgment only against him. Even if the fault of D1was only 5 percent, under the theory of several liability, D1would have to pay 100 percent of the judgement. What was the rationale behind such a rule? The courts seemed to feel that if defendantsknew in advance thatthey might be held severally liable for an entire judgment, defendants would act with greater care. However, this assumed that defendants could always foresee their tortious conduct. The new law changes the manner in which defendants can be held severally liable for non-economic loss, i.e. pain and suffering, mental anguish, loss of consortium, and other intangible harms. If a plaintiff is jointly injured by two or more tortfeasors, or by the State, and the liability of any defendant is found to be 50 percent or less of total liability, that defendant will only be responsible for damages relative to its share of culpability. In other words, a plaintiff can no longer hold a single defendant 100 percent liable unless that defendant was found to be more than 50 percent responsible for plaintiff's injuries. For example, if P is awarded $200,000 for pain and suffering against defendants Dl, D 2and D 3, with D 1being found 25 percent liable, D 2being found 50 percent liable, and D3being 25 percent liable, P may only receive $50,000, $100,000, and $50,000 from each defendant, respectively. However, if D 1 were found to be 51 percent at fault, then P could recover the entire $200,000 from Dl, if desired, precluding the other defendantsfrom paying any damages. The new law has not changed the treatment ofeconomic loss. Judgments for economic losses such as lost wages and medical expenses can stillbe recovered from any individual defendants found jointly liable, regardless of their degree of fault. What does this mean for plaintiffs? It is no longer desirable to institute a cause of action solely against the "deep pocket" defendant. By doing so, one would risk a jury finding the defendant liable for only 50 percent or less of the injury, and thus plaintiff could recover only less than half of his noneconomic damages. This is the main effect of the new law. Additionally, a new burdenof proof is placed on plaintiff to show that "reasonable diligence" was employed in attempting to gain jurisdiction and serve all culpable parties to the action. This is because the total liability on which the "50 percent cutoff" is based is that of all defendants who are parties to the action. Leaving out a culpable party affects every defendant's share of liability. Using our example above, ifD 1 is not named as a defendant, by extrapolating, D2 would now be approximately 70 percent li- able and D3approximately 30 percent liable (I'm not a mathematician, but the point is that the proportions change.) Thus, D 2has crossed the 51 percent threshold and could now be held severally liable for 100 percent of plaintiff's damages. There are 11 exceptions to the new article, all contained in section 1602 of the CPLR. The most obvious exceptions are: 1) intentional tortfeasors will not receive the benefits of this new law, (they can still be held severally liable for 100 percent of damages, regardless of proportion of fault), and 2) this law is inapplicable to persons held liable as a result of their "using, The Opinion Mailbox operating or owning a motor vehicle or motorcycle," as defined by the Vehicle and Traffic Law. The remainder of the exceptions being both complicated and confusing, will not be examined herein.However, it is recommended that anyone in- terested in understanding the nuances of this new law read outside literature analyzing these exceptions (versus soley the statute.) A final note for those who read the last column of "The Cutting Edge" dealing with the toxic tort discovery rule. It is significant that this new amending several liability is not applicable to any toxic tort claims or causes of action "revived" under new section 214 (c) (4) of the CPLR. Thus, plaintiffs who "revive" claims for injuries resulting from exposure to the five legislatively defined toxic substances are not bound by the new limitations on joint and several liability. continued frompage 8 Comments SBA Fac-Student Committee Selection Process Elicits until Editor: Last week, I was interviewed for the Admissions Committee. The day after (prior to the SBA's announcement of their decisions), I requested that my name be removed from consideration because I have reservations concerning the process that was used. I believe a five minute, highpressured interview told the Board little more about the candidatesthantheir ability to conduct themselves in such a situation. If the SBA is to make an informed decision, they need to base that decision on far greater objective criteria which can be easily developed. I submit the following proposal: Each candidate, prior to being before the Board, should be given two sets of bogus ad- mission packets for prospective, borderline students (including all elements i.e. personal statement, academic records, etc.) and told that the Admissions Committee has only one spot open for consideration. The candidate would then have the task to explain to the Board why they would choose one over the other. Through this approach, the SBA would have an objective criteria to evaluate the candidates and I feel that our entire institution would benefit by forcing the SBA to make better informed decisions. Additionally, I think similar types of procedure could be developed for the other committees. Respectfully submitted, Thomas P. Laurino First year student Buffalo, NY To SBA Committee Interviewees: I would like to commend all of the students who interviewed for the various SBA Committees. The SBABoard interviewers acknowledge and applaud both their courage to be interviewed and their tolerance of the weary and conscientious state of the interviewers. There was an excessive number of qualified candidates for the wee numberof positions available. Many of the students had similar ideals and views. It appears that all the law students' interests will be well-represented. It was exemplary that the first year class showed its support and concern for our law school by coming out in full force. I hope this willingness to partici- pate continues and manifests your throughout your stay, graduation, and beyond as alumni. There are many activities and other committees within the law school one can get involved in. SBA still needs people for the social committee; PARTY!! Don't over extend yourself but find your niche.We can all contribute to the Law School in different ways. Let's makeour Law School and our experience here both the best and most meritorious. If anyone has any comments or suggestions on how to make the interview process better, please feel free to stop by the SBA office during my office hour or drop me a note. Again it was a pleasure interviewing. I enjoyed hearing what my colleagues feel is important and I believe it will help me better represent our concerns. Persevere, Shelley Rene Rice The Opinion letter to editor policy encourages to the editor. They should The Opinion letters not exceed 300 words. All letters must be signed with name and address. The name can be omitted from publication if there is substantial reason to believe the author would be subject to retaliation. The address can be omitted from publication at the request of the writer, but a general locality will be published. No malicious or libelous statements will be published. The editor reserves the right to edit lettersand accept or reject them on the basis of content or space. October 29,1986 The Opinion 9 �SBA Briefs Sample Hedges on Parking, Greiner Settles on Names by Brett Gilbert From the President: Hello! My name is Lori Cohen and I'm President of the Student Bar Association. Oops, that was last year. On to new and different things. I'm excited! In my continuing effort to keep people informed about what thehell is going on around this place, let me tell you what the hell is going on. Dean Search Committee. (Prologue: The SBA submitted the names of two students for membership on this committee. The Provost's office wanted two more names so that all four could be considered for the two slots.) After much discussion amongst members of the SBA, we decided that the most productive course of action would be to submit the two additional names. We were certain that the Provost's office would concur with our two selections, but only after they could go to Generalissimo Sample and say that they had gone through the imperial procedure he had set down. We also decided that, if it came to it, students should withdraw all support for any Dean Search Committee that did not include "authentic" student representatives. Well, as we surmised, the Provost's office did not want to pick a fight with us over this; they accepted our two choices. We compromised on the Provost's form, and he compromised on our substance. I'll take substance over form any day! Parking. The presidents of the four student governments When I suggested the decision was not reasonable because there was a lack of due process (notice and opportunity to be heard). Sample re- you want. sponded that UB was not a democracy and he had no intention of discussing every administrative decision with students; implying, of course, that students have the same liberty interest in parking as they do, for example, in the color of cafeteria trays. (Is it me, or is it him?) Well, before the meeting had ended, Sample told me that he "resented" some of the things I said and that he was surprised that a man of my education would say some of the things I said. Oh well, string me up by my feet and tickle my fancy! I will, needless to say, keep you up to date on further develop- I then suggested that the administration weakened any chance for a solution to the parking problem because it is now only a problem for students and not one for the entire university. Parking is no longer a problem for the faculty/staff, for they no longer have a vested interest in its solution. The administration has broken the solidarity of all of us to lobby you may have can be placed in box #670. Appointments. The appointment process is over and the student representatives to law school faculty-student committees have been chosen. God knows the process is not perfect and can use some improving, but I think we have an excellent group of students to represent ments. Please, any suggestions us. I was especially pleased with the number of first year and minority students that interviewed. Boy, this is one hell of a first year class. And I think we sent a message to the ad- ministration that most of us are delighted over the assertive affirmative action program this law school conducts. Well, that's it for now. Until next time... SBA Committee Appointments Student Membership of Faculty-Student Committees 1986-1987 Appointments Committee Mary Anne Bobinski (3) #578 Jim Ghent (1) #89 Doug Hoffer (2) #414 Charles Johnson (2) - Alternate #551 Ad Hoc Planning Committee Joel Menchel (1) #157 Mitchell Lecture Committee Derek Akiwumi (1) #1 Kevin Comstock (3) #615 Josh Rosenblum (2) #495 Budget and Program Review Committee Terry Flynn (2) #384 Josh Rosenblum (2) #495 Jason Wohlford (1) #255 Vincent Falvo (1)Alternate #71 Library Committee Andrew Berchard (2) #305 Al Dong (2) #634 Lisa Sizeland (1) #223 Roger Wilcox (2) #538 Admissions Committee Mason Ashe (1) #8 Bill Hair (1) #100 Sujeet Mehanty (2) #460 Tina Marie Palmer (1) #178 Lisa Massaro (1)Alternate #152 Academic Standards and Standing Committee Ron Brown (3) #588 Greg Jackson (3) #851 Awilda Matias (1) #153 Kathy Carmody (3) - Faculty-Student Relations Board Nancy Kirk (1) #265 Donna Pollman (1) #190 Barry Stopler (2) Sub Board Rep Marc Patulski (2) #481 Social Committee Chsirperso Robin Miller (3) #730 SBA Finance Committee Derek Akiwumi (1) #1 H. Todd Bulford (3) #590 K. KatherinChad) #38 Cherrie Maxwell (3) #718 Composition of Committees (Approximate) 50% First-year students 30% Second-year students 20% Third-year students c=®29 State — Mukistate (Bar (Review offers an S/\ J 'Bar <E \am. We emphasize integratedapproach to the Oieiv sophisticated memory techniques, essay writing skills and a concise, organizedpresentation of the law. you wifl be prepared and confident. A I PIEPER NEW YORK MULTISTATE BAR REVIEW vl/ fif J) f It 90 I I 10 - ItsclJ. Tefeptwne: (516) 747-4311 BRIAN BORNSTEIN MARIA LOTEMPIO DORIS CARBONELL AMY MURPHY MARK POLLARD JOHN ROWLEY DONNA SIWEK AMY SULLIVAN EARLY REGISTRATION DISCOUNT TO DECEMBER 1, 1986 29, 1986 rr'V'Tt>e Opinion - * • -•: • * October A Mj \f/\ IKj 1 \\£y\ I Jpv J I \V J A\Y I\) V PIEPER REPS JUDITH KUBINIEC ■\ For Avenue, oviineo[a,9& 11501 \£ I Speaks - Alternate #596 Academic Policy and Program Committee John Bonazzi (1) #18 Diane Dean (3) #626 John Williams (2) #539 Diana Harris (1)Alternate #101 Special Program Committee Taryn Chapman (1) #336 Kenya Mann (1) #198 Eduardo Mejias (3) #724 Cynthia Ball (DAlternate #262 RES IPSA LOQUITUR The (Pieper 9{ew /\\ J True to form. Sample wants a list of eight students, from which he will mysteriously choose four, for membership on the Parking Task Force, the committee which will study and recommend solutions to the entire parking problem. As with the Dean Search Committee, Sample does not want students to designate their own representatives. Paul Verdolino suggested that the four student presidents (or their designees) should be on the Task Force. Sample refused. Sample wanted me to send him the names of two law students, what he got were the names of the four student presidents. You know, it's funny how you don't always get what mors.) \r\ l(v) '\\| SU NY/Central for help with this; now only voices of students will be heard, and we all know what that means. SA, GSA, & MFCSA) had a meeting with President Sample on Thursday, October 16, at 7:30 a.m. (yuk!). Let me give you my recollection of some of that meeting. President Sample has no intention of accepting the Faculty Senate's recommendation to end restrictive parking. Sample claims the decision to implement restrictive parking was made by Vice President Ed Doty and he is not going to invade Doty's turf since the decision was a reasonable one. (This despite persistent rumors that it was Sample and Provost Greiner, not Doty, who were the real motivators for restricted parking. Sample denies the ru(SBA, \/ \ IJ / �Greiner's Assistant Outlines His Position by Karen Buckley Minutes of SBA meeting on Monday, October 6: Note: As there was not enough directors in attendance to constitute a quorum, no offi- cial business was conducted. The meeting for the weekofOctober 13 will be held on Wednesday, October 15atS:30p.m. Present: Brett Gilbert, Vicki Argento, Nancy Pringle, John Williams, Jack Luzier, Paul Karp, Lois Lieberman, Derek Akiwumi, Karen Buckley, Andy Winston, Sheri-Berlowitz. Dr. Judy Albino, Guests: George Villegas. Dr. Judy Albino came over to discuss the position of Provost Greiner in regard to the selection of student representatives on the Dean Search Committee. Apparently, he was displeased with the fact that only two names were forwarded to his office, instead of the traditional four, which would allow him to make the final choice as to who would represent the students on the committee. Brett had communicated with the Provost's office, sending additional information on Kyle and Jim, and expressing the opinion that student representatives should be chosen by the students themselves. Dr. Albino, the Assistant to theProvost, acknowledged that we could not be expected to know what goes on with the Dean Search process and why they want two more names. She assured us that the request in no way reflected any judgment on the two names submitted. The biggest reason the Provost wants thefinal say on who is on the committee is the fact that he is responsible for making the recommendation to the President on who should be selected. Therefore, the ultimate responsibility is on Greiner and he wants to beable to review and select the members he will be working with. Additionally, members of the faculty and the Bar Association are selected in the same manner the Provost selects the people from the constituency from a group of nominees. Dr. Albino, while impressed with the information she re- — ceived from Brett on Kyle and Jim, questioned whetherit was in the best interestof thesearch to have two first year students on the committee. Various members of the Board pointed out the fact that many upperclassmen in the school had a bad feeling about the Dean Search as a result of the fiasco last year. First year students do not share the cynicism that many of us have, and would be able to present a fresh outlook to an old problem. Moreover, these students would not be sitting on the committee as first year law students, but as representatives of the whole school. As John pointed out, the decision will not be made right away, and they will have had time to familiarize themselves with the school and its students' needs. Brett, Jack and Karen explained the selection procedures, and the qualities we were looking for when we interviewed people for theposition. Other members of the Board emphasized that the Provost has NO contact with the students here, and only the students would be in a position to make an informed decision as to who the best representative would be. Dr. Albino agreed that it is somewhat different with students, as there is no background from which that office could make a choice, other than what they see on paper. She said that she was impressed with the criteria used by the Executive Board to make the decision, and that we looked for all the same things she would (gee, thanks). Yet, as some take comfort in rules and procedure, so too does the office of the Provost. Dr. Albino said that she would feel much better procedurally if we sent over two more names for review. After receipt of this, she suggested that a group (3-4) come over and discuss all four candidates together. The Board, after Dr. Albino left, discussed her proposal, and agreed to send over two more names in the spirit of good faith. However, we did make it clear to her that we were standing behind our original choices, and the principle that student representatives should be chosen by STUDENTS, not some administrator in Capen Hall. The agreement to comply with her request was done as a means to keep the lines of communication open between the Provost's office and the Board, something that has been a real problem in the past. It was the feeling of the members present that our candidates would in fact be chosen, but that she just wanted things to be done in accordance with procedure. We decided that confrontation at this point was not the best route, and that if things did not turn out the way we hope, then we will decide what to do when the situation arises. Overall, Dr. Albino was impressed with the Board and our reasons for the decision we made and our position on principle. We showed that we were not raving lunatics, but adults who gave considerable thought before espousing a position. Local Phi Alpha Delta Chapter Initiates Nine by Ed Jozwiak Chapter Marshall On Thursday, October 16, nine people were initiated into the Carlos Alden Chapter of the Phi Alpha Delta Law Fraternity International in the Moot Court Room. The initiates were: Derek B. Akiwumi, Cynthia Ball, Michele Bennett, Maureen Connors, Daniel Ibarrondo, Deborah Solot, Barry Stopler, Forrest Strauss and Richard Wong. During the ceremony, the group was addressed by District Justice Robert R. Marquardt. He spoke about thevariety of programs sponsored by Phi Alpha Delta Justices Phi Alpha Delta PAD along with the benefits of membership. Marquardt also discussed the support offered by PAD mem- bers and its alumni. He referred to the biannual convention in Baltimore this past Augustwhere the delegates traveled to the Supreme Court and were addressed by brother Chief Justice Warren Berger. It's not too late to join PAD. Another initiation ceremony will be held in the spring semester. For those interested in joining or in learning more about PAD, stop by the PAD office or drop a note in box 423. District Justice Robert R. Marquardt George Faust congratulates new member NEED RESUMES IN A HURRY? I The Buffalo Law School Directory will now be a reality. In an effc ' to unify the student body, Phi Alpha Delta Law Fraternity will soon have available to all last law students the FREE 1986-87 Law School Directory. Don't miss your out this chance to be included!! If you have not already responded, please fill board in slip and drop it in the collection box located under the PAD bulletin the mailroom by Friday, November 7. 1 Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive NY 14120 • Tn. Amherst, Tonawanda Creek Rd.) (offSweet Home Rd. between No. French* (716) 691-7480 Quality YES!!! I want to be listed in the free Law School . J^pSzlHSl^SH (please print) Name _ Address —, I Class — ; : — / _. ~, Phone Nto. I>,.■*,•«.j.tt»' . • Dependability • Fast Service • Moderate Prices fßl* " " — Mailbox # crrrrrrrrm—^-- ; 41) Seven* Aveaae. Suite (2 New York. New York 10001 (212)394 3** (201)623 5363 October2Sy 198IT the OpinionWge'«' i f Pageed leven �The Black Law Students Association And The Latin, Asian, Native American Law Students Association lf|lfl*y Environmental Bond Act is it? • What you vote for it on November 4? • Should will it accomplish for the future of • What New York State PRESENT A LAW DAY Law & The 21 st Century: Making The Difference Come find out on Wednesday, Ocother 29 (today) in O'Brian Hall, room 106 sponsored by the Environmental Law Society at the UNIVERSITY OF BUFFALO LAW SCHOOL JOHN LORD O'BRIAN HALL, AMHERST CAMPUS FREE REFRESHMENTS!! IBM MICROCOMPUTERS AND PROPRINTERS Are now available in the AY department, of the Law Library I Two IBM PC's and two IBM Proprinters are now available for your use in the A-V Center on the sth floor of the Law Library i £x M lor your Moot Court P w seminar papers resumes and cover letters B^flV fl V W $$ letters home $$ BRING YOUROWTI SOFTWARE, BLANK DISKETTESAND PAPER. (Your diskettes should be double-sided, double-density.) Users are required to present Law School I.D. Campus Blues by Shelley Rene Rice The research paper can't be escaped Party all night sleep all day Study anytime besides cram time NOWAY The cram time blues a library snooze? A's & D's, B's & C's Drop Out? Get High? LSD, Cocaine? Paperblotter, Windowpane? THC? Ain't no one higher than Weee Drunk on Brews Lots of gossip & news Serious trips Rival Cliques He said she said Who slept with whom Many would major in Phys Ed or Anatomy if one could Oreo's, Militants even the Ku Klux Klan Eastsiders, Westsiders & one night easyriders Venereal disease Midterm pregnancy COMICS A Maternity leave with no return Let's just hope We pass & learn to secure a position with a big 8 firm You Must BS for that BA in BS Or that BS-JD 12 The Opinion October 29, 1986 Panel Discussions: Women & the Law, Affirmative Action, Public Sector vs. Private Sector Student Life, Life in Academia, Financial Assistance, Social Responsibility, The Admissions Process, Plus a Keynote Address Reception to Follow Date: November 8, 1986 Time: 8:30 A.M. to 5:00 P.M. Coffee and Doughnuts will be served Asian Law Students Organization, Black Student Union, African Students Association 1 �. . . . continued frompage 6 UB Grad ence and a recognized expertise." Saying that her office has been very good in responding to her family responsibilities, Mago said: "This to my mind is the perfect job. Government is very good for having a family (she recently had her second child). People around here know what I can do, that I'm willing to put in the time it takes to do the job. But there is also a willingness to recognize that Billing Procedures award received for the semester. (5) Effective with the 1987 Spring Semester, continuing students should preregister. The first bill of the Spring Semester will be dated December 19, 1986. (6) Payment of tuition and fees and all semester charges are due before the first day of classes. All students billed for the first time after the first regular invoice (December 16, 1986) will pay a $20 late payment feeand a $20 late processing fee. There will be no exceptions. All continuing students that do not preregister will pay the late processing fee beginning December, 1986. scheduled on each of five different days of thetwelve day exam period. Further, no exams are scheduled on Saturday, December 20, a perfectly good day for an exam. Exams are given the Saturday before. It seems to me that good policy would require at least two exams being scheduled for each day of the exam period and for the I ' LV^Braßlß^B.^s Students will be informed of these changes by notices in the "Reporter" and the "Spectrum." Signs posted at the preregistration sites and in Department Offices, and notices enclosed with the first and second billsfor the 1987 Spring Semester. The release in the "Reporter" will befollowed up with ads in the "Spectrum" until the changes become effective. Re- SBA HALLOWEEN PARTY/ |f minder ads for the 1987 Fall Semester will be run in the April and May issues. Please become familiar with the content of this memo. Your ||f help in providing accurate information to students will assist us in betterserving their needs. I will be pleased to provide When: Thursday, October 30 (Tomorrow Night) HI Where: The Stuffed Mushroom *!• additional information as you may need it. (2580 Main Street) continued from page 7 Saturdays which fall within it. While I understand that there are a lot of "details" to be "considered" when' making up an exam schedule, which I prob- ably don't "fully appreciate," I also don't feel the administration fully appreciates the need that some of us have to be with our families and unwind after a long, grueling semester. There is simply no reason that any student should have to be at UB taking an exam past December 20. I think I speak for a large number of students in asking the administration to review and amend this exam schedule. Thank you. Dana Young Gary Peller said. "Even the language we use is so deeply grounded in male identity" that we first have to fashion a new language that is "more reflective experientally in our bodies as well as in our heads." Sexism is apparent even in the choice of authors we discuss. The panel participants who were so concerned about Foucault and Lacan and "a whole bunch of prominent French men." However, they have neglected the French women who write out of the Jk\ continued from page 7 Exam Schedule to stay at school longer for exams. This does not make sense! Aren't upperclassmen supposed to begin their exams early so that they are finished earlier, having received no break during the semester? Finally, after examining this depressing exam schedule, I noticed that only one exam is ' ■ Legal Careers.) ... per semester, and the actual a Happy Halloiv e there are other demands on my time." "I'm pleased with what I've done here," she added. "I'm pleased with what I'm doing here. And I'm pleased with what I'm doing with the rest of my life. And I thinkthat's a very good balance." (Editor's note: Diane Dean is the GraduateAssistant for Public Interest / Public Service \ \ 1 \ % W %If FREE ADDNISSIOm * \*^^^ : ■':'■ /; ■■ ™E£ P/ZZA' ft FREE WINGS! FREE POP! continued frompage X same tradition but "push it much farther" to propose "another whole way of thinking," pointed out Marcus. "My image is not: No theory," said Peller, in response to the comments of the panelists. Rather, it is a criticism of the particular form of discourse of power that is now elevated by which the other discourses "are marginalized." In the end "the goal," said Freeman, "is the recovery of possibility." The Opinion schedule for the 1986 Fall Semester is as follows: ISSUE 27:6 27:7 27:8 COPY DEADLINE* LAYOUT** M0n.,N0v.3 Thur.,Nov.6 M0n.,N0v.17 Thur.,Nov.2o M0n.,N0v.24 Sun., Nov. 30/ DATE OF .• PUBLICATION Wed., Nov. 12 Wed., Nov. 26 Fri.,Dec.s 'Deadline is 12:00 noon. **Layout will be in The Opinion office, room 724 O'Brian Hall at 6 p.m. All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office, room| 724 O'Brian Hall. Staffmeetings are held everyTuesday at 6p.m. in the office. ■ i October 29, 1986 The Opinion 13 �DDI 111111 / RAD ■■■■■■i DMlx/ Dlxl !■ IS THE I COURSE YOU ■■■ CIAICAD DV bWbAK DT. lim HUHI NUI Ml. II II Mm ■ /L\Aj/ // /ajl -m .m^^lf / lyilr /11 I 111 // iMmM m MMM MM 1 II I m BAR REVIEW The Nation's Largest and Most Personalized Bar Review. 415 Seventh Avenue, Suite 62 New York, N.Y. 1001 (212) 594-3696 (201) 623-3363 • Head Rep: H. TODD BULLARD r 3rd. Yr. Head Rep. KEV,N COMSTOCK n M / /[>v // j)\CJ 111m. mM M M ,^^Stf'X:S,yS,!'t,:'; ': ':, 'S:, "!SSJ' The Opinion October 29, 1986 BARRY STOPPLER Bernetta Bourcy Karen Buckley Steve Ricca Colleen Rogers Cora Alsante* Steve Balmer* Robin Chekla Mary Comerford Nancy Decarlo Debbie Rosenband Robin Rosenberg Jennifer Sanders Shari Berlowitz Mike Biehler** Keith Fabi Tammy Gordon Paul Karp Katie Keib Ja V Kennigsberg Alicia Lacappruccia a Y Lippman Dave Piatt H'** Resnick 14 2nd. Yr. Head Rep. Joel Schecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi Sam Spiritos Bonnie Mettica Mary Casey Melanie Collins Gail Ellington** Susan Gass** Susan Gigacz Lois Liberman Bob Mcßride** Ramon Perez Josh B. Rosenblum Nancy Steiger Barry Stopler Lisa Strain Jim Teirney John J. Williams Dana Young �SSSSv- ■■■'".'.'. .i.'.W.i.1......l M.1.1.1,',',','.','.'.'.'.'.' LOU DEL COTTO __ 1111111 W.W.W.'.'l'.'. .lim KEN DAVID FRASER JOYCE '"-'' ■■ a *lfc':': .i/mßißWmi- Starring David Fraser* Produced by Alan Freeman and Betty Mensch* Sponsored by Labatts Brewery, the National Hockey League, and R.C.M.P. \ £■ *Jm, ~-"^p"^'^^^^^ W , m, Bk bHbSp: ■ .B IBS Bbk im ~ ~''M *-v-" yL SB », VEt vßm* BHaßmm^Sßfi^^^bw V- MHlKlHfr Hklv 9 Bfc\ -JiltAmJllß fr HLc- *-***** xjjMij ■ ■ Blr §f$ **•• . jfl 3&---■*£* Jhß I ■ nH Hr TAX GUYS flaw BBJ Jbb bW bW H B Basis Pictures Present. TAX GUYS Starring Lou Del Cotto and Ken Joyce as themselves. Directed by Charles Telford Groaner Takes Control And Declares Self Law Dean by Frank N. Stein In a move that surprised no one. University Proviso Ima Groaner announced earlier today that he has appointed himself as permanent dean of the UB Law School. "I'm in control now," Groaner exclaimed. "Those sniveling little law studentswanted a permanent dean and now they've got one me!" Groaner said he will still retain his post as University Proviso while assuming the new position. He added that he will also assume any otheradministrative position which needs to be filled at the University, or elsewhere. "I'm sick of the search committees, I'm sick of Fret Giblets, and I'm sick of the press," Groaner snorted. Groaner, in making his announcement, also fueled the fires of speculation that he may join the Kemp-Keane clash or other political forays when he threw out buttons proclaiming "Groaner is God" and "Groaner Looks Great in '88." United Law Students Front President Fret Giblets, in antici- — pation of such a move by immediately anGroaner, nounced the formation of a new Dean Search Committee. "We won't let this fascist dictator get away with this," Giblets said. "We'll find our own dean and we'll fight this thing until the end." Among those slated to be interviewed by Giblets' Dean Search Committee include and Pee Wee Herman. "We think any of thesecandidates would inject some much needed humor into the Law School atmosphere and preserve if not add to the levity of the Buffalo Model," Giblets said. Groaner called Giblets "a stinking little socialist who'll never get away with this. I'm in charge and there's nothing anyone can do to change that. Period." Giblets said, "We'll see about that. I'm organizing a protest „ and asking each student to take two bricks from O'Brian Hall. If everyone does this, Groaner will be dean of a hole in the ground." by Arthur V. Nyquist fill, memorial service. But no sooner hadcoffee and ON T RUE. S TORY A ALAN BETTY FREEMAN MENSCH .BARRY BOYER OUT Whoopi Goldberg, Bill Murray, Missing Secretary Returns Law School secretary "Roseanne" surprised co-workers yesterday when she crashed her own memorial service. Roseanne disappeared from her fifth floor O'Brian office early last week. Co-workers assumed she was either dead or kidnapped. When no ransom note arrived, fellow secretaries prepared to mourn their lost colleague with a brief, but taste- BAS ED §:. Al-Ah) .- • I«citf tti •BR ,Mfl '-. 'hCW^^^M#^> 'HI BB f„M OFANIMALS^ BETTY CooKSoc*." ~ j-SL. ..■tf'jKVJjarJ I -J HP* v < " iWiW HL BTBmIL-* HP** |-: jJ, BHk. Jfl , bh BrBB •* *JL; ' ■A A A BE-! jfi at Rlw.- BWjl V i^V * .*■■" 309* ft silblbH «^_ A^bW '"^ bSP ' rSHk mkmt n farm* JH /SI doughnuts been passed around than in strolled the guest of honor! "I was just photocopying," said the miraculously returned Roseanne. Professing surprise at co-workers' reaction, she explained: "I wasn't gone much longer than usual, but thanks for the flowers." - «■■■ Bifluf October 29, 1986 The Opinion 15 �ILe SOT Wi& » THE >'Gr HAIR STYLE CONTEST "Diana Ross" "Eva Gabor" r *W &.**s MM tfiWiß Mm\ %M& aFjMm mar / OT\CIP*T ON '■I / ENCOpm ' <^0^^ ° N m\ \f , aWAF d6D \ 'yw £fma Ha \ljV* * mm, W. W^'tAmv '"' Fred Konefsky, one of the most popular members of the UB Law Faculty, needs t0 Upd3te h S lOOk HelP Fred cnoose an ' 80s ' do — cneck I (°ne ) °f tne aDOve hairstyles and drop your ballot at the Opinion for "Fred Man of the'Bos"* Konefsky *One vote per person (you, too, Dianne) ' |L ■ % \ 'Charleton "Moses" Heston' «fl iiß wmtw y S "Little Richard" 1 - J J J ] Moot Court Board Completely Cans Competition by Skelly Ton Amid a flurry of protest from overzealous second year com- petitors, the Moot Court Board yesterday announced their decision to terminate the competition at UB Law School. When Robin Checkla, president of the board was asked to explain this sudden change, she said "Moot Court is just another resume stuffing, anxiety producing a vestige of tradigimmick — tional law school which is counter to the true Buffalo Model." Protests raised included the fact that the termination occurred in the middle of the competition when several teams have already spent hours researching and writing briefs. Mellower students who had not even read the cases at the<irne ofjthe announcement are reveling in their wise use of time. A few competitors have approached Marjorie Girth, associate dean, to appeal for course credit. A second year who asked that her name be withheld said that when she spoke with Girth, she argued "...read- ing all that material on due process would be just a waste of time without getting some- thing." While Girth has not declined the requests of the disgruntled competitors, theword is that an award of credit is unlikely. Sympathetic faculty have recommended a seminar for the spring semester which has al- Pat's Endorsements Grow; 10 More Dean Candidates by David Letterhead Provost William Greiner's Top Ten Law School Dean Candidates 10. Former Talk Show Host, Merv Griffin 9. Sit-com Cut-Up, McLean Stevenson 8. California Angels' Manager, Gene Mauch* 7. Cable Health Network Star, Dr. Art Ulene 6. "Hogan's Heroes" zany, Larry Hovis 5. New York Met Outfielder, Mookie Wilson 4. "Life StyteTotthe Rkh and Famous" Host, Robin-Leach 3. "Happy Days" Star, Anson Williams 2. Buffalo Bills Coach, Hank Bullough 16 1. Bob Keeshan, formerly Captain Kangaroo Ten People, Other Than God, That Have ToldPat Robertson To Run For President: 10. Actress Sharon Tate 9. Hollywood Square, Charlie Weaver 8. Singer Elvis Aaron Presley 7. Secretary of the Treasury, Alexander Hamilton 6. "Leave It To Beaver" Star, Hugh Beaumont 5. Comedienne, Totie Fields 4. Wine Salesman, Orson Wells 3. Singer, Rick "Don't call me Ricky" Nelson 2. Monolith, John "Duke" Wayne 1. Director, Cecile B. DeMille The Opinion October 29, 1986 ready come to be known by its detractors as The Yellow Room Revisited. The crushing blow has lead some of this year's participants to question the authority of Checkla and her board members to waive national Moot Court participation for the entire student body. SBA President Brett Gilbert has repeat- edly declined specific comment, but has suggested that issues so intrinsically academic are beyond the ken of SBA. Others have expressed relief that they will now be relieved of saying words like "urine" and "bathroom" several times in front of potential employers. While a final determination from the administration is still Bathrooms At present, Sample's plan calls for faculty and staff volunteers to act as "restroom monitors," somewhat akin to high school hall monitors. Each faculty and staff member will be issued a "Lavatory Pass" which, according to Sample, will be difficult for students to duplicate. Any person wishing to enter a faculty bathroom will have to display his or her pass to the bathroom monitor. According to Sample, the monitors will be instructed to turn away anyone, including Sample himself, who does not pos- sess the proper pass. The monitors will be armed. This latest presidential decree will inevitably affect law students, as O'Brian Hall seems to be the hardest-hit of buildings on the Spine. Closedto student use will be the first floor multi-stall restrooms, because so many teachers teach classes forthcoming, a decision mandating the competition at least for this year is considered somewhat impracticable. Several Moot Court Board members have indicated that they will support Checkla and will refuse to administer the program as well as remove any mention of Moot Court from their resumes. continued from page I on that floor; third, fourth and fifthfloorsingle stall restrooms, because of various faculty and staff offices on those floors: and the third and fifth floor lavatories in the Law Library, largely for the benefit of the Reference Librarians and A-V staffers. The closing of the first floor bathrooms is certain to cause unrest. Because first floorclassrooms are so large, those bathrooms are inevitably crowded with students at specific times of the day. Now students will have to run to the second floor restrooms which, although multi-stall, will be inundated with undergrads who have been banned from various Baldy and Norton bathrooms. Although it is stilt early, and the proposal has not even gone into effect yet, reaction to the plan is overwhelmingly unfavorable. One second year law Pumpkin Meat Band student, who refused to be identified, complained: "I came to Buffalo because I though the atmosphere would be liberal, but now I see that the Buffalo Model is just a big farce. Law school is turning into prison, and I don't like it." Sample's plan, although newly unveiled, seems destined for unpopularity. While he emphasized that "students who really need to go to the bathroom will not have to hike half-way across campus to find one," the faculty bathroom plan is inconvenient and unfair. If parking lots, as some have suggested, are not suitable causes for protests, then perhaps bathrooms are. And if a student protest means that we have to see Verdolino remove his shirt again, that's a chance we have to take. continued from page 2 / your most exciting case? PH: Well, it's getting awfully dark out now, it's time for me to help my family get out of the TV. Any other questions? MC: No. Thanks for letting me spend some time here at the of- fice with you. PH: I gotta go now. Bye. As is evident, Mr. Haydirt is a very busy, complex, strange, weird, bizarre, odd sort of attorney. However, his clients speak very highly of him. In any case, law students who are interested in thefield ofentertainmentlaw will certainly find it to be both challenging and rewarding because of its complexities and contact with famous stars. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-10-29 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/96cb917bcfaa4643fba621641ec0f8f0.pdf 56aae8329233a39a444f553b188dac3f PDF Text Text THE OPINION Volume 27, No. 4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 15,1986 Administration Won't Accept Students For Search Committee; Greiner Wants Final Say by Krista Hughes Procedural problems have delayed the appointments of Jim Hayden and Kyle Maldiner to the Dean Search Committee. All of the other positions on the Committee have been filled, however, University Provost William R. Greiner has yet to finalize the appointments of the two students chosen by SBA to represent the student body in the selection of a Dean. The Dean Search Committee will be composed of members of the Law School faculty and administration, the local legal community, and the Law School's student body. Usual procedure in appointing members to the Committee is for the concerned group to send the Provost a list of nominees from which the Provost will select the requisite number. In the case of the student members, the Provost's office asked the SBA for a list of nominees. SBA's Executive Board interviewed twelve interested students and selected the two who were seen as best representing student concerns. When the Provost's office received the two names SBA was quickly informedthatthe procedure followed was unacceptable, and that the Provost would need more names from which to choose student members of the Committee. In a memo dated September 30, 1986/to Greiner from SBA President Brett Gilbert, it was made clear that "the Student Bar Association [has] unshakable faith in Kyle Maldiner and Jim Hayden as the student representatives on the Dean Search Committee." However, as of October 7, the Provost's office was demanding biographies of the two nominees plus biographies and statements of purpose from two other in- terested students. According to Associate Provost JudithAlbino, there is "no objection whatsoever to either of the candidates," and the fact that they are both first year students is irrelevant to Greiner's hesitancy. The position of the Provost's office is that this is simply a procedural issue, and the students did not follow the correct procedure in nominating candidates to the Dean Search Committee. However, Brett Gilbert states, "This has come down to a matter of who is going to choose the student [representatives] students or the administration?" SBA's Executive Board did not act frivolously in choosing — Jim Hayden and Kyle Maldiner to represent student interests. Both are enthusiastic, concerned and experienced. That they are both first-year students is actually an advantage to the Committee, because as Brett Gilbert explained in his memo to Greiner, "Kyle and Jim are untouched by the political infighting that went on last year, and this will undoubtedly add to their enthusiasm as they work with the Committee." Jim Hayden attended Dennison University in Ohio where he majored in History with a minor in Philosophy. He observed and took some part in Dennison's search for a President, and feels that while Dennison's Committee made excellent choices in deciding on finalists, their ultimate choice was a mistake for Dennison which is a small lib- eral arts college. Hayden does not want to see the same thing happen at ÜB. It was UB Law School's non-traditional approach and ability to change which attracted Hayden to Buffalo. He is himself "actively intent on 'preserving the change'" and he doesn't want to see the Law School's overall commitment to change hurt by the selection of the wrong person to be Dean. Hayden commented that ÜB's loss of rank in the Gourman report probably did have something to do with the lack of a permanent Dean, because " if you lose a Dean you lose direction," although "it should be easy to get [our standing] back by selecting the right person as Dean. Hayden suggests the importance of injecting student views continued on page 11 Marcus Family Law 'D's Changed to 'S's mined "solely on the content of the answers." Nevertheless, a substantial number of people received grades of D or F on the by Idelle Abrams Though it seemed that the problems surrounding Professor Isabel Marcus' Fall 1985 Family Law final exam were settled by the end of last semester, final exam. A petition was filed by the students who felt they had received an unsatisfactory grade the final resolution of the affair actually came in June, long after most students had left school for the semester. It came with a letter from the administration announcing that all D and F grades would be adjusted to S (Satisfactory) grades. Professor Marcus gave a floating final exam to the 150 students in her Family Law class last fall. A floating exam must be completed within a given number of hours but may be taken at any time during the exam period, at the convenience of each individual student. Allegations of cheating arose after the exam, claiming that some members of the class knew the exam questions be- Associate Dean John Schlegel. fore they picked up their test. The administration conducted an inquiry into those charges but found that the evidence was insufficient to prove that any- one had cheated or to accuse particular individuals. As a result, then Acting Dean John Henry Schlegel au- thorized the release of the grades. The grading, maintained Schlegel, was not affected by the cheating issue. Rather, grades were deter- and it was presented to Schlegel. As a result of this petition, Schlegel, in a letter dated June 13, 1986,informed all students who had received D's or F's in Marcus' Family Law of his decision to change their grades to S grades. In his letter Schlegel said: "I have the utmost faith in the actual fairness of the grades assigned by Prof. Marcus." However, he felt "that the appearance of fairness requires some action." He therefore decided "solely as an administrative matter" to make the grade change. Marcus, when asked, had no comment on the final resolution of the situation. "I turned it over to the administration when I realized the enormity of the problem. I think they handled a complex situation in a way they know best," she said. While Schlegel continues to assert his belief that Marcus' original grades were determined fairly, he said "It is important that things appear fair, not only that they be analyzed by me as in fact fair." The sense he had gotten from the students, Schlegel said, was that "whatever the substance, the : Prof. Isabel Marcus form was wrong. So sometimes you change, you respond to the form." While Schlegel, as an individual, may have felt that the grades should not be changed, "I think the dean has a different sort of role. Occasionally, and especially in things that are taken deeply seriously, some things just have to look right, too." Alluding to the implications of the events last fall, Marcus feels that "my class was a manifestation of a set of problems that exist in this institution." It ■ was not just an individual problem, she said. Other professors she has reason to believe are aware of violations of the honor code and the scale of cheating that is going on. Marcus refused to elaborate on this assertion and concluded only that she is "not clear what should be done about it." Councilman Keane Labels Kemp "Traitor" by Kevin O'Shaughnessy Buffalo Councilman James Keane, the Democratic Candidate for Congress in the 31st district, sponsored a "study break" for University of Buffalo students Thursday September 25. Over 50 students crowded into the lobby of Lehman Hall in the Governors Complex to munch pizza and listen to Coun- cilman Keane (pronounced Cane) discuss the campaign issues and attack incumbent Republican Congressman Jack Kemp. Keane called Kemp a "traitor" to Western New York and declared, "He's (Kemp) from California, he lives in Maryland, and he votes with the South!" Many political experts believe James Keane is giving Congressman Kemp his toughest election since 1970 (Kemp's first congressional bid which he won with 52 percent of the vote.). Keane is a political veteran who has spent most of his life in public service or public office. Besides serving on the Buffalo Common Council as Majority leader from 1982-1983 and Chairman of the legislation committee 1984 to present, he served the City of Buffalo as a firefighter, school teacher, and as a school board member. Additionally, Keane's family has political roots: his wife, Margaret Whalen Keane, comes from a very active political family, and his brother, Richard, is a New York State Assemblyman. At the Thursday night "study break," Keane wasted no time getting at the issues and at Kemp. Keane assailed his oppo- sary to revitalizing industry in the U.S. Keane intimated that Kemp's anti-freetrade votes might have been caused by his association with Stanton D. Anderson, a highly paid and influential lobbyist for the government of Japan. Since the election, Kemp has severed all official Congressional hopeful James Keane nent's stance on free trade legislation. Kemp has repeatedly voted down the legislation, calling it "protectionist" and maintaining it will encourage slack work practices and lead to higher consumer prices. Using the recent plant closings in the Western New York area (Trico, Republic and Bethlehem Steel) as evidence, Keane maintains that legislation is neces- ties with Mr. Anderson. As a former school teacher and school board member, Keane favors an increase in domestic spending, particularly in the area of education: "Why go through the domestic budget with a meat cleaver? I haven't even talked about $1600 toilets, or. $500 Allen Why go wrenches not through the defense budget with a meat cleaver?" In the area of foreign policy, ... .. . Keane, A Vietnam veteran, attacked the current administration's policy of contra aid in Central America: "I was in Vietnam when Jack Kemp was ". throwing footballs around Instead of aiding the contras, Keane favors spending the money on domestic programs. Keane is opposed to the current urn ... continued on page 11 Inside New Profs Racing Attorney SBA News Bar Review .... 2 2 4 8 �Thuronyi Join U.B. Law Faculty Fraser and Victor Thuronyi David Fraser Tax and Reform Canadian Law by Idelle Abrams It was a "fortuitous" meshing of interests that brought David Fraser to Buffalo as a visiting Professor for the 1986-87 year. "I had an interest in coming to the States and Buffalo had an interest in having a Canadian come to the States." Fraser, however, was surprised by Buffalo's interest in Canadian law. "In retrospect it's logical, I mean, Ft. Erie's just across the bridge. But I didn't know the law school had an interest in Canadian legal things." Fraser's desire to come to the U.S. was sparked by his current research interest. Two years ago, Canada adopted a new Constitution, the Charter of Rights, "which has totally changed the legal and political situation, in theory. What I'm interested in is the historical American experience which people in Canada are trying to borrow and transplant into Canada." Specifically Fraser wants to explore whether this is possible, because of the different cultures and histories of the two countries, and, even if it is possible, whether it is a good thing. Historically, Fraser explained, Canada has always turned to Britain for its case law and legal materials. The previous Canadian Constitution was actually a statute of the British Parliament that was passed in 1867. However, "for years and years there's been this nascent and burgeoning Canadian national- ism and one of the symbols of national identity was the idea of a Constitution that was Canadian. " On the practical side, having its own constitution meant that Canada could amend it at home, without going back to Britain, "which was the historical circumstance." It was also an attempt "to cement some kind ofnational identity," especially in light of the problems in Quebec and their movement for independence. With the new Constitution, however, Canada is beginning to look at American law much more closely, particularly in the areas of constitutional law and the constitutional aspects of criminal law, said Fraser.. The reason for this, he said, is "basically because the text of our constitution is remarkably similar to yours because we borrowed from it, literally." It makes it "interesting for me to be here and see the two cultures," Fraser commented. In addition to the Canadian seminar he is teaching, Fraser is also teaching Remedies, which he taught at Dalhousie University in Nova Scotia, where he has been for the last three years. "I wanted to teach sort of mainstream American courses as well as my Canadian seminars. So I wastransplanted from teaching Remedies at Dalhousie to teaching Remedies here." The difference, Fraser finds, in teaching the same course in by Idelle Abrams Visiting Canadian Prof. David Fraser. these two different settings is the constitutional component. "In Canada we haven't had to worry about that. Remedies was purely and absolutely a private common law affair." While he notes that "I always have to be aware of the constitutional elements of these things," he doesn't see that as a drawback. Rather "that's one of the reasons I came, to have 'the American experience'," said Fraser. onpage 11 . continued Tax authority Victor Thuronyi If you want an informed opinion about the recently passed Tax Reform Act, ask an insider. Victor Thuronyi, newly appointed Associate Professor of Law, was in on the ground floor of the planning bill. As "Designated Special Legal Advisor for Fundamental Tax Reform" in the Treasury Department in 1984, he was one of only two lawyers working on the project in the very beginning. The tax bill was first discussed by President Reagan in his State of the Union Address in 1984 when he called for the Treasury Department to conduct a study on tax reform. Thuronyi had started to work in Treasury in 1983. The study came along at a time whenthere was a big piece of tax legislation so "the" Treasury "didn't really have the resources, in terms of lawyers, to devote to the study on tax reform. So I was very lucky." Later on, said Thuronyi, everyone else in the office got involved in the study, "but at least I was in on the early days. I had a fair amount of impact on it in the very beginning." Thuronyi's reaction to the tax bill in its current form is that "it's not a perfect bill by any means." However, he added, "it's certainly preferable to current law." Thuronyi considers it progressive in the sense that people near the poverty line are "unambiguously helped." However, he criticized thebill because those at the very top of the scale actually get a bigger tax break than do the middle class. There is a funny glitch in the bill, pointed out Thuronyi, in that those making over $200,000 a year actually have a tax increase in 1987. "Their big cut only comes in 1988. So there's a lingering question as to whetherthere's any possibility of freezing the '87 rates." The treatment of tax expenditures is another area of the bill Thuronyi finds unsatisfactory. Tax expenditures, he explained, "are effectively government spending programs that happen to be located in the tax code." He feels that the bill "doesn't treat them in a very intelligent way." In some cases the new provisions for tax expenditures are even more complicated than current law. In other cases, the bill just gets rid of the provision without replacing it with any direct spending programs. "It's difficult to move a program from the tax code into another committee or another department. If it gets cut, itfalls by the wayside." Thuronyi is currently writing an article on tax expenditures that will elaborate on these ideas. Working in a bureaucracy like the Treasury Department was a "somewhat frustrating" experience for Thuronyi. "It's very strange because in some cases decisions are made very much off the cuff with only a couple of people making the decision. continued onpage 11 Thrills, Chills, and Spills For Leadfooted Lawyer by Paul W Kullman While it's not unusual to see an attorney "racing" downtown for a closing or to appear for a client's arraignment, attorney James Partacz another king of racing — does drag racing. During the summer months when quitting time rolls around, Partacz trades in his sport coat and tie for a crash helmet and overalls. And, leaving behind the antiseptic atmosphere of his office, the at- torney turned racer heads for the track. A partner in the West Seneca law firm of Cosgrove, Snyder & Partacz, Partacz has been drag racing "seriously" only for a year, though he has been doing so on a "casual basis" since his proximate time it will take him to cover the quarter mile distance. The timing of the starting lights is then adjusted such that if each driver reacted the same, they would finish in a dead high school days. "I was into cars," he said. "I was never never took were just veloped on a mechanic and I shop classes. Cars an interest I de- my own." Strapped in behind the wheel of his 1974 Plymouth Duster on a typical Friday night at Cayuga Speedway, Partacz backs his rear wheels onto a concrete burnout pad. Then, locking his front brakes to hold his selfbuilt "Tezmanian Devil" into place, Partacz revs up the engine. Smoke billows as rubber meets racetrack After a series of "dry hops" to make sure that his tires are sticky enough to maintain maximum traction and hold his line, Partacz move up to the start, where every race is deter- Jim Partacz "lights them up" on his Tezmanian Devil. mined in a matter of "hunsaid of the sport. "You don't just jump into the car and go. dredths and even thousandths of a second." You have to know your car inside and out and know what adPartacz and his "Tezmanian justments to make each time Devil" will cover a typical quarbefore you go out there." ter mile stretch of track in 11.46 For example, Partacz said seconds at speeds of over 115 that prior to lining up for a parmiles per hour. ticular each driver must "It's a lot more technical than "dial in" his number. That is, most people realize," Partacz each driver must predict the ap- heat. "If you finish in a time faster than the one you dialed in, you're disqualified," Partacz said. "And, if you jump the light you're also disqualified. It all boils down to who knows their car better and how quick the driver can react." While racing more for points than paychecks at this stage of his career, Partacz said this sport provides "a good release from practicing law, although you can always pick up a few clients along the way, too." Angels' Silwa Speaks at Fillmore Hall by Amy Sulivan Curtis Sliwa, founder of the Guardian Angels, along with his wife, Lisa, visited UB to speak out against crime on Wednesday, October 8. Lisa, the National Director, spoke about the problems of being a woman today. "To be a woman in today's society is very hard," said Lisa, "We're always being told we are equal but we are different. I grew up in a small suburban town before coming to New York City. Within a very short period of time, I realized I could be a victim of crime within twenty-four — hours." She next discussed the type of role models that are out there 2 for a young woman today, pop singers such as Madonna, who confesses she "got to the top by being good on the bottom." Lisa pointed out that the role models out there today don't help us with what we need to emotional scars that the women who don't fight back do." Next, Curtis Sliwa discussed Curtis was a manager of a fast food restaurant in the South Bronx. Yet he was really a glorified bouncer dealing with hold-ups, pimps, and youth gangs. Every night Curtis announced to his customers, "Keep your hands on your pocketbooks and wallets before your stripped clean." Curtis grew up in a blue collar, working class section of Brooklyn. Every day he had to ride the subway. "There was one of three things you could do," said Curtis, "run, act insensitive, or do what I did. Instead of putting an end to physical garbage in the streets sweep the history, background, and up human garbage." face concerning crime and drugs. One of the Angels' services is to offer street survival seminar courses for woman in self-defense techniques. Lisa explained, "Self-defense must be a priority, rape victims that do fight back don't have the goals of the Guardian Angels. The Opinion October 15, 1986 — The Alliance of Guardian Angels, Inc. is a non-profit, all volunteer organization, which was founded on February 13, 1979 by Curtis with just 13 members. "Mayor Muppet Ed Koch and the New York City Police Department condemned us," said Curtis. "They said we can't have people thinking we have a crime problem. The police chastised us and put a plan of harassment into effect. People were terrified of us, as- sociating young as trouble." Contrary to widely held impressions, not all Guardian Angels are young and not all are in inner city areas. The minimum age for becoming an Angel is 16; there is no continued on page H _, R • PROFESSIONAL c t • OFFSET PRINTING C FAST SERVICE *• COMPETITIVE TYPESETTING M PRICING MANY • DIFFERENT M TYPESTYLES ft PAPERS •RESUME SAMPLES a O AVAILABLE WE ME RESUME PRINTING SPECIAUSTSI CALL US OR VISIT US FOB A QUOTATION TODAYI 3171 Main Street Buffalo, NY "' NTTFU 835 "O1J 1676 Nia. Falls Blvd. dTd} FcwO? («*ou *wn K-Mart) , 834-7046 *IrViQS]p) Tonawanda, NY �I I DON'T GET LOST IN THE SHUFFLE FOLLOW THE LEADER I JOIEPHION II II II I New Jersey New York Pennsylvania fe I I $110 $160 $160 pi I 1| DISCOUNT JLM 11 11 wILβ it V^ Kβ nw Iμ Begins: Monday, September 8, 1986 Ends: Friday, November 14, 1986 Contact your Josephson/Kluwer campus representative or I ■ JOIEPHION M> Nil)WED | 10 East 21st Street 1206-7 New York, NY 10010 (212) 505-2060 or (800) 253-3456 outside NY ©1986, Josephson/Kluwer Legal Educational Centers, Inc. October 15, 1986 The Opinion 3 �SBA Briefs Gilbert Addresses Perennial but Important Issues: Parking, Grades, and Dean Search by Brett Gilbert A few things have happened over the past several weeks that I thoughtyou might like to know about. I'll try to keep this short. Parking. Thanks to everyone who turned out on that chilly Wednesday morning and made the occupation a success. As a result of the protest, the Faculty Senate voted to end restrictive parking until the University Parking Task Force completes its recommendations. We'll see what those unilateral decision-makers in Capen Hall do about that. President Sample's office called me and asked if I would like to be a member of the Task Force. I'll keep you up to date as to the status of this committee. help but to make a couple of comments concerning the bad press the parking I cannot protest received in the last edition of The Opinion. Although I regularly enjoy Kevin O'Shaughnessy's column, I think he missed his mark two weeks ago. First", although there probably is a difference between Whinning and protesting, whining is usually what other people do when they protest things you don't care too much about. I do not think it is useful to demean the appropriate concerns of others. Second, students have been out of the protesting business for quite some time now and one does not radicalize a student population overnight. It is a long and difficult process to get students to feel comfortable with the possibility of risking arrest over something they feel strongly about. We cannot build a strong student move- ment by expecting too much from our constituency. We appear weak if we strive for large goals general strikes over nuclear weapons and only a — — handful of students show up. We appear strong if we begin with more modest actions and can produce the number to carry them through. The parking lot occupation was a small step in building up the confidence of students to carrying placards, marching in the streets, and defying civil authority. Hopefully, some of the students who were in the parking lot protest will attend demonstrations concerning more significant events. Late Grades. Dean Newhouse has informed me that he is behind students all the way on the issue and that he will do all he can to enforce the 30-day grade reporting deadline which is already on the books. Newhouse believes that since the faculty is the body that voted the 30-day policy into being, its members should faithfully live by its terms. (There is even a rumor that Newhouse once suggested to the faculty that paychecks should be withheld until grades are turned in. Needless to say, he was voted down.) Word Processors. Kudos to Ellen Gibson, Director of the Law Library, for her efforts in obtaining two word processors and two printers for the fifth floor of the library. Ellen really went the extra distance. Efforts are now underway to secure additional software and machines through private channels. DeanSearch Committee.The > Provost's office has been giving us some trouble over our choices of student representatives on the Dean Search Committee. It appears as if that office believes that the choice of which students are on the committee is an administrative choice and not a studentchoice. I think their rationale involves "appropriate balances," or something like that. Hopefully, by the time you read this the controversy will be over and Kyle Maldiner and Jim Hayden will be sitting comfortably on the committee assertively representing our interests. Well, that is aboutit for now. If anyone has any comments or suggestions for me or the SBA, feel free to leave them in my mailbox, #670. Until next Courage. time . SBA Minutes SBA Taking Care ofBusiness: Considers Activity Fee Hike, Begins Committee Appointments, Commencement Planning by Karen Buckley Minutes of SBA meeting on Monday, September 29: NEW BUSINESS 1. Office Hours There is a schedule on the door of the office for directors and officers to sign up to sit one hour and two hours a week, respectively. 2. Agendas The agenda for Monday should be available by Friday. It will take a vote of half the Board to change it once it is set. 3. New Constitution Is typed upand available in the SBA office. 4. Parlimentarian —After a plea from the Chair for a volunteer to fill this position, Derek Akiwumi stepped forward to accept the job. 5. Phones This has turned out to be a big problem. Last year's finance committee thought we would be owning the phones a lot sooner than we will which won't be until next April. As a result, there isn't enough money in the phone line of the budget. Over the summer, Terry received a $4,000 bill, but was able to work out a compromise so the service wouldn't get turned off. Brett suggested that the Board consider two possible routes to lower the monthly expenses, which — — — — — are now running approximately $150 per month. One is consolidating the phones so they are shared between groups, and the other is to levy a charge for use of the equipment. Jack said that the decision was tabled until the whole Board could vote on it, but that a decision should be reached quickly (time is money). Lois asked if the groups could be charged for the phones with money that was included in their budget. Brett replied that the fee would come out of one of the lines in the groups budget. Kimi suggested that an inventory of the equipment be taken and determine how much they are used before deciding what to do. 6. Typewriters The ones in the office don't work. Brett asked the Board to consider if it is worthwhile to spend the money to get one that does work, and make it available for student use. 7. Appointments Committee This is composed of the Exeuctive Board and any of the Directors that wish to join. The committee interviews and selects students to sit on various Law School committees. Because next week (10/5) is first year break, the Board will interview interested students on Wednesday and Thursday nights of the following week (10/5 15&16). The finance committee has traditionally been picked by the Treasurer him/herself. Vicki stated that she had no problem with the finance committee being chosen in the same manner as the rest of the committees. John pointed out Art. 4 5.2 provided for this mejhod. Diana made a motion, seconded by John, that the finance committee — — be chosen in the manner provided for in the constitution. Motion passed 16-0-1. Diana asked why the selection was not more formal. Karen pointed out that we want to make the SBA as open as possible. Kimi suggested that if we had a form for people to fill out we might be able to get some basic information before the interview. Tammy pointed out that the Board doesn't want to pre-judge anyone before we meet them. John and Vicki added that we don't want people to have to spend a lot of time filling out forms, especially when we can meet them faceto-face. Brett said that we wqnt .to make it as dissimilar to firm interviews as possible. Kimi thought that short forms with name, year, etc. might make the process more organized. Jack noted that it wouldn't take too much efforttofill something like that out. Diana made a motion-, seconded by Derek that we have interested people fill out individual slips of paper containing name, year, committee, etc. Motion failed 6-9-1. Brett said he will post signs announcing positions on the various committees and people can sign up outside the SBA office. NOTE: There will be a firm no sub rule for interview times. 8. Parties Brett said that anyone who wants to organize a party for the Law School should contact one of the Executive Board. Nietsche's has expressed an in- ' — terest in hosting a Law School bash. The GMA has asked the SBA if we want to co-sponsor a Halloween party with them on 10/31. Decision tabled until next week. Nancy suggested that we should inform people that soda is included in the cover price for "All you can drink" parties. — 9. Dean Search The Executive Board interviewed 12 people to fill the two sports open for students on the committee. Two first year students were chosen: Kyle Maldiner and Jim Hayden. Brett said that Greiner doesn't like the fact that they are both first years. Diana asked why he doesn't meet them before he decides whether they are able to fill the positions. Brett said he will send Greiner a memo voicing the SBA's support of these people and suggesting he meet with them before making any judgments about the kind of job they'd do. 10. Commencement The cochairs for the graduation committee this year are Carol Fitzsimmons and Tina Simpson. They are the only ones who expressed any inclination in doing it. Anyone interested in planning graduation is welcome to be on the committee. Next year marks the 100th anniversary of the school's existence, and Professor Hyman'would like to see it celebrated in style, particularly the commencement ceremonies for the Class of '88. Brett suggested that an ad hoc commit- — tee be formed to start working on the keynote speaker for next year, to get either Cuomo on Wachtler to speak. — 11. Dinner-Dance Eddie Meijas has done some preliminary work in arranging a dinner-dance for next semester at the Hyatt, with tickets to cost $15-20 per person. 12. Activity Fee Hike —Jack suggested that an ad-hoc committee be formed to investigate the feasibility of raising the activity fee so more money will be available next year. After a bit of coaxing, John Williams accepted the job of heading the effort, and Kimi offered her help. — Right now 13. Election Rules there are no hard and fast rules concerning elections. Brett would like to see some people work on formulating some rules for the conducting of SBA elections. Any proposals would probably have to go through the rules committee. Andy said that he would help. — 14. Misc. Derek suggested that perhaps the SBA could hold meetings in a moreformalistic fashion, and that the meetings should be held in a place other than the first floor lounge. Brett commented that there have been suggestions in the past to move the meetings to room 106. The decision was tabled for later review. Meeting adjourned at 6:55 p.m. Financially Speaking Student Loan UpdateFrom Financial Aid Office by Kathy Peterangelo Johnson Many people have been asking about their Financial Aid Forms (FAFs) to see why they were not considered for campus-based awards, like College Work Study (CWS) and the Na- tional Direct Student Loan (NDSL). For those of you who may not have had time to visit me to ask, here is a synopsis. The primary reason for not being considered for NDSL/ CWS is because the FAF was recorded in Princeton after the much-publicized March 15 deadline. Even if you sent the FAF in two weeks before the deadline, and, even if the FAF was received by the 15th of March, it is still very probable that your FAF was not recorded until after that date. If your FAF . was recorded after March 15, you are, unfortunately, out of 4 luck with respect to NDSL/CWS for this academic year. But, never fear..". 1) this does not mean you can't be considered for TAP, GSL or ALAS for this year and, 2) NDSL and CWS are reassessed every year. This means that you just make sure you send in your FAF for 1987-88 earlier. Another reason why you may not have been considered for NDSL or CWS is because your file is incomplete or was incomplete at the time the law awards were processed. What makes a file incomplete? Well, most often it is the absence of one or more Financial Aid Transcripts (FATs). The University is required to have a FAT for each postsecondary school of attendance regardless of whether or not you received aid from that school. There will be more in- The Opinion October 15, 1986 regarding these transcripts later, but for now, just remember that schools are notorious for delaying in sending out FATs. Therefore,_it's quite possible you did request that a FAT be sent to UB but formation that it never got here or got here late. ' Another measure of a com- plete file is determined by when a verificationwas completed on your FAF. This year, the government began to select approximately 30 percent of the FAFs processed for verification. This meant that if you were selected for verification, the University was required to validate all of the information on the FAF against an independent source (i.e. tax forms, affidavits, etc.). THE UNIVERSITY WOULD HAVE CONTACTED YOU IF YOU WERE SELECTED FOR VERIFICATION AND WOULD HAVE INFORMED YOU AS TO WHAT DOCUMENTS WOULD BE REQUIRED TO COMPLETE YOUR FILE. If your FAF was selected for verification, no action could be taken on your financial aid until ALL of the requested items were received by the Main Street Financial Aid Office. This includes NDSL, CWS and, most importantly, your GSL and/or ALAS. I hope this information has been helpful to you. REMEMBER the government will continue to select FAFs for verification from now on. EVEN W YOU WERE NOT SELECTED FOR VERIFICATION THIS YEAR, YOU COULD BE SELECTED IN THE FUTURE. If you should be contacted by the University for additional information because of a verifica- tion, please be prompt in returning the requested information. As always, remember to contact me if you have any questions at all pertaining to your financial aid. THE PASSWORD: I' 415 Seventh Avenue. Suite 62 New York. New York 10001 (212) 594-9696 (201) 62} 3363 �Kemp Urges 100th Congress AdoptPlan toEliminate Poverty; Proposes Comprehensive Seven Point Legislative Package On Thursday, October 2, Congressman Jack Kemp (R-NY) today told the Congressional Black Caucus Legislative Conference that "America must have a genuine national commitment from the people up to the highest levels of government to wage war on and help eliminate poverty as a way of life in our nation. The next frontier of the civil rights movement in our society is to move America to full employment without inflation and achieve our goal of a livable income for each and every person in this nation." "We can resolve this problem of poverty with energy, imagination, and resources, putting forth and enacting a positive legislative agenda to achieve in our lifetime genuine equality of opportunity for every person, irrespective of color, culture, or socio-economic background. "This agenda should have as its goal the creation of conditions for low-incomefamilies to stay together and move up the ladder. We know how to eliminate poverty. We have the solution. We must now make the necessary national commitment to make those solutions a reality. We can't put America to work without putting all Americans to work, and our highest social and economic goal must be jobs, housing, and education for all. In our Judeo-Christian society, we need both a platform below which no one can fall, and a ladder on which everyone can climb." Kemp urged that a oncrete legislative package should be 1 i - put on a fast-track with the lOOth Congress, and include the following: 1) "Welfare Reform. Our welfare system is a mess and a disincentive to building successful families. It is an outrage to subsidize family breakup by giving more welfare to a family where the father or mother is absent from the family. Although I understand that means tests can be rationalized on both moral and budgetary grounds, we must find the way to eliminate high effective tax rates on enterprising welfare families who stay together and take a job. The phased reduction of welfare benefits combined with payroll and income taxes gives the enterprising poor very little income if they enter the workforce. In fact, in the county of Los Angeles it is typical for a welfare family to face a de facto marginal tax of up to 278%. That's like asking a welfarerecipient to pay the government up to $3 for every dollarthey earn. "Welfare reform will be at the top of the legislative agenda for the 100th Congress, as it should be. In anticipation of that debate, I have joined with my colleagues Bill Gray, Arlen Specter and Pat Moynihan in introducing legislation which we hope will make a positive contribution jto a change in welfare policy. Our bills, H.R. 5064 and 5065, are entitled the Opportunities for Employment Preparedness Act and the Aid to Families and Employment Transition Act. Basically, these sist in the transition from welfare to work. This is not a comprehensive welfarereform proposal, nor do I claim that our proposal is perfect. But I think it is a stepping stone towards a more pro-family, pro-work, projobs, and pro-job training welfare system. I'm pleased to say that this effort is strongly supported by the Urban League, OIC (Opportunities Industrialization Center) and the Martin Luther King Center." 2) "Tax Incentives and Relief. The increase in the personal exemption to $2,000 is a giant leap forward towards helping low-income families escape poverty, but it is only the beginning of a genuine moral effort to allow poor people to keep more of their hard-earned income and dig themselves out of poverty. In my judgment, the personal exemption should be increased more, much more, and the income tax threshold should also be raised, as budgetary conditions allow. The exemption would have to be about $6,000 today, just to shield the same proportion of family income as it did in the fifties. In the near future, we should also consider eliminating both employer and employee payroll taxes on poor people, in order to foster more enterprise and more jobs. 3) "Enterprise Zone. Can you believe that Enterprise Zones an idea which has been en- bills give welfare families the dorsed by the Congressional / / I — Black the Caucus, Urban League, and the NAACP, as well as otherpro-opportunity groups —is not yet a reality for our nation's poor?, How can our national leaders, especially those few in the Houseof Representatives who are blocking this reform, allow Enterprise Zones to remain an unfulfilled promise? I am especially pleased that our new enterprise zone bill incorporates a recommendation by Rep. Charlie Rangel to allow the immediate expensing of up to $100,000 in new investment in any enterprise zone. Our new bill can create a lifeline of entrepreneurship and new job creation in areas suffering from hopelessness. Let's pass this long-overdue bill and let's do it now. 4) "Urban Homesteading Resident Management. The essence of a pro-opportunity agenda is to give all Americans greater access to income, property, a decent home, and a respectable and safe neighborhood. Our Urban Homestead Act, which I introduced along with Del Walter Fauntroy, gives and every public housing tenant thatearned opportunity for selfhelp and self-enpowerment. It would guarantee every public housing resident the 'right to buy' their own housing communities through tenant management groups. In order to protect the housing stock for the poor, our bill requires for the first time in law that the HUD Secretary make a yearly report on the need to provide additional resources to meet the housing needs of the poor. UJith Bflß/BRI tin 53 Ss! I £); «; , i Wouldn't it be great if we could get an advanced start on a poverty agenda and pass Urban Homesteading before we adjourn?" s)"Job Training. Job training programs are also a linchpin of any society that upholds genuine equality. I think we should be expanding the Administration's JPTA (Job Training Partnership Act) and other such programs because they can spawn the vocational education and training forreal jobs. 6) "Magnet Schools. Magnet schools are an innovative idea to achieve voluntary integration and quality neighborhood education. There is nothing more fundamental to the future of our children and nation than support for excellence, integration, and equality of opportunity through local education. 7) "A Full Employment Economy. A national commitment to a full employment economy is really the first and foremost means of creating a durable ladder to better job opportunities and greater income for the unemployed and poor. We can't be satisfied with the slow growth rates we've been experiencing. We need full employment, full plant capacity, and millions of new jobs if we are going to fulfill that hope of eliminating poverty. Tax, and trade policy must be aimed at full employment, moreaccess to capital for minority business men and women, and stable prices with low long-term interest rates." monetary, \ I Hearing is i If believing, fl S gi access to employment and job training assistance they need to gain meaningful private sector jobs at a decent wage, and as- Every year, thousands of BAR/BRI students rave about the quality of BAR/BRl's lecturers. BAR/BRl's lecturers are experts on the law, experts on the bar exam and experts on lecturing. "I had no idea the course was this good," is a typical comment. Now, for the first time, you can find out for yourself just how good the BAR/BRI lecturers are. For your own free audiotape sampling of the BAR/BRI course, ask your student representative, stop by our display table or write to BAR/BRI directly. In return, you'll getan earful. 1 ® I J^ J V I ; 1 t i \ 160 Commonwealth Avenue Boston, Massachussetts 02116 617/437-1171 » [^ fe THE NATIONSLARGEST AND MOST PERSONALIZED BAR REVIEW 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 «^g£<g >^ gjjg, October 15, 1986 The Opinion R* 5 �iHT OPINION STATE UNIVERSITY OF NEW YORK AT BITFALO SCHOOLOF LAW Volume 27, No. 4 October 15, 1986 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: Idelle Abrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: Melinda K. Schneider Staff Photographer/ Photo Editor: Paul Hammond Layout Editor: Susan Clerc Production Editor: Wendy Ciesla Contributing Editor: Amy Sullivan Contributors: Vince Falvo, Shelley Rice, Brett Gilbert c Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academicyear. It is the studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. Tihe Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics. Inc. Editorial: "Choose Substance, Not Procedure" In the study of law we are taught that following "proper procedure" is often crucial. We are also taught, however, that sometimes the interest of a larger authority in enforcing a regulation is outweighed by the interests of an individual or group of individuals in not being regulated. University Provost William Greiner, a former UB Law Professor, will not accept for the Dean Search Committee the names of the two students chosen by SBA to represent student interests in the search for a dean. By not following the prescribed procedure and simply accepting the two students. Central Administration would have for the Committee two experienced and enthusiastic people who are essentially the choice of the student body for representatives to the Dean Search Committee. The SBA Executive Board was chosen by the students of this law school to act as our voice in dealing with the Law School and University Administration. Acting in this capacity, the Executive Board chose Jim Hayden and Kyle Maldiner as the student members ofthe Committee. They were chosen because after careful consideration, it was decided that these two will best embody student interests and concerns, and will speak and act with those interests and concerns in mind. The Provost's office claims to have nothing personal against Hayden and Maldiner. However, it demands that a list of student names be submitted from which the Provost will choose the two he wants. This is the way all of the other members of the Committee were chosen. But it is relatively easy to select from a list of prominent local attorneys who have the backing of the Bar Association, or from a group of former fellow professors. In the case of students, however, SBA might as well submit a list of student numbers from which Greiner could select two at random. SBA was asked to submit a list of possible students to the Provost. Instead, SBA made it easy and gave Greiner the names of two people who are the choice of the student body and who will serve the Committee well. For some reason this is not good enough. This is not a case in which SBA wants to take control of the Dean Search or hamper it in any way. SBA simply wants to assure that in the search for a dean of the Law School, student concerns will be presented and heard. They chose two people from the student body who are willing and able to do this. As one law student has said, "If Greiner would stop being a fascist about this whole thing," maybe the Dean Search would get underway soon. 6 The Opinion October 15, 1986 Angered Parking Protester Lambastes "The Boy Mechanic" Mr. O'Shaughnessy As a participant of the parking protesters, I was outraged by "The Boy Mechanic" of Oct. 1. What makes you think that you have the right to decide what issues are appropriate for others to protest and which are not? It seems to me the height of hypocrisy for one who upholds the importance of freedom of speech to criticize others for speaking out on a matter that concerns them. You said that the protest of Sept. 17 was "selfish and trivial" compared to those of the 1960s and that 60s protesters "would vomit" at the thought of parking as an issue. It isn't "the TV news clone" who doesn't remember the '60s but you. If you did remember you would know that protests against the draft and for civil rights coexisted on college campuses with demonstrations against curfews, dress codes, and, yes, lack of parking. University students of the '60s fought for and won a voice in policy affecting them because they protested for it, not because the administration decided to reward them for being nice, docile children interested in world peace. It was precisely this voice that was being defended on Sept. 17. Parking is a problem confronted by the majority of students at this university and half of the lots near the Spine were taken without consulting the student body's elected representatives. How can you, in good conscience, pretend that stealing the lots is not "emblematic" of the consistent disregard of student needs exhibited by the University administration and that this disregard, if not open hostility, also led to closing one studentunion without building another? I also fail to understand your resentment of local TV and campus paper coverage of the event. What is the purpose of holding a protest if not to get attention? Paul Verdolino did go overboard, but he was only one of the hundreds who showed up, most of them more concerned with being heard by President Sample and Vice President Doty than getting on TV. Even the 1960s causes attracted a few who went along because it was fashionable and fun to defy authority. Your accusation that protes- ters were only there as a resume-building experience is both mystifying and suspicious. How exactly do you think we'll work this into our resumes, and why? Before you accuse others of taking a stand solely to enhance job potential, you might pause to consider your own record of siding with faculty and administration in any situation that pits them against students. You should also keep in mind that an accusation of triviality sounds a bit ironic coming from someone who reviews bars. If you feel so strongly that there are better causes to protest for, why don't you cut the sanctimonious snivelling and organize a demonstration? Sincerely, Susan Clerc NYS Trial Lawyers Assoc. II Annual Seminar Set for Oct. 25 Dear Fellow Members of the Bar: Our annual seminar entitled DECISIONS is being held by the New York State Trial Lawyers Association on October 25, 1986 at the Sheraton-Buffalo Airport on Walden Avenue at I-90 (Exit 52E), in Cheektowaga, New York, from 9:30 a.m. to 5 p.m. Our speakers are Prof. Richard Farrell of the Brooklyn Law School, a well-known appelate lawyer; Lester Fetell; Brian Shoot; Bert Bauman; and Sandra Krevitsky Janin, spe- cialist in trial and appellate medical malpractice. Each of the speakers will review the important cases decided in the past year in their respective fields, which include New Legislation; Municipal Liability; Products Liability; Motor Vehicle Liability; Pleadings, Venue, Consolidation & Forum Non Conveniens; Evidence; Disclosure and Discovery; Damages Construction Accidents; and Medical Malpractice. Each of the speakers has put in a tremendous amount of preparation and research into their individual presentations. Their work will save time in research and help us to present our cases more effectively. Each year, more and more lawyers are learning of the value of this seminar. Each year more and more lawyers are learning of the value of this seminar. This has been reflected by the attendance of over 150 lawyers at our last seminar. It is not necessary that you be a trial lawyer or a member of the New York State Trial Lawyers Association in order to attend. You may register by sending your registration directly to the New York, N.Y. 10038, with your check for $75 if you are a member and $95 for non-members. You may register at the door provided you call my office at 852-1000 to make this advance registration. If you are interested in joining the New York State Trial Lawyers Association at this time, it can constitute a $20 savings in the cost of the registration and I would be pleased to provide you with the necessary application forms upon your requesting same. I look forward to seeing you on October 25, 1986 at the Sheraton-Buffalo Airport. » Sincerely, Paul W. Belt? Local Chairman (Editor's note: Mr. Beltz said the seminar is free to all interested law students.) In The Public Interest On The Watch For Seminar Papers A reminder to ail second and third year students who are or should be thinking about semi- nar papers: In The Public Interest is a review of law and society published annually by a student editorial collective. Staff membership is open to all SUNY Buffalo Law School students. This journal is committed to printing articles which examine legal issues within their historical, political and social contexts. We welcome articles from faculty and law practitioners as well as written perspectives from other disciplines, but our main source of material is law student seminar papers. Last year we received 30 papers and were able to publish five written by students as part of their seminar requirement. In other words, as long as you have to write a paper, why not let us read it? You have nothing to lose but the cost of a copy. IN THE PUBLIC INTEREST is distributed to all UB law students and faculty as well as to law libraries and public interest organizations around the country. Please keep us in mind when selecting your topics and writing your paper. If your article is accepted for publication, you will have ample opportunity to revise and edit it in conjunction with the ITPI staff. When the seminar deadlines roll around, drop a copy of your effort in room 118 or in box 366. If you have any questions, contact either Molly Dwyer or Sara Nichols. The Opinion letter to editor policy Opinion The encourages letters to the editor. They should not exceed 300 words. All letters must be signed with name and address. The name can be omittedfrom publication if there is substantial reason to believe the author would be subject to retaliation. The address can be omitted from publication at the request of the writer, but a general locality will be published. No malicious or libelous statements will be published. The editor reserves the right to edit letters and accept or reject them on the basis of content or space. �The Boy Mechanic by Kevin O'Shaughnessy Blow Dried QB Scrambling for Substance Several recent articles by The Buffalo News (which has endorsed "supply side" Jack) have focused entirely on the latest polls and Kemp's possible margin of victory. (Pretty incisive political journalism, huh.) The Congressman's people complain they're running against the media's expectations (i.e. if "Trickle Down" Jack doesn't win big, his presidential hope will dim considerably). Someone ought to remind them that "Laffer Curve" Jack is running for Congress. UB Communications Professor Dr. Gerald Goldhaber, a longtime associate of Kemp's and a man whose polls are fre- quently cited by the News, insisted that Kemp will win big. I took a course in Political Communication during the fall of 1982. Dr. Goldhaber appeared as a guest lecturer and confidently predicted, with one week left in the Cuomo/Lehrman Gubernatorial Campaign that Mario Cuomo would win big (a 10-15 percent margin). The 1982 gubernatorial election was one of the closest in hisCuomo won by approxtory imately 2 percent. Itis my firm belief that Dr. Goldhaber missed his true calling as a Buffalo weather man. Meanwhile, the "blow dried" ex-quarterback turned Con- . gressman, whp claims he's "never ducked anything in his life," has spent this campaign talking about pools, defending his voting record, denying .. shady campaign financing (i.e. the tax exempt American Renaissance Fund which is allegedly for educational although Jack admits, work "In this case, I am the educator,") and avoiding tele- vised debates with Keane (he has gone from three to one). Jack Kemp is hiding behind an image and the polls. They are all he has left. Jack has toured the nation preaching the "Laffer Curve" and "Supply Side (even David Economics" Stockman admits Supply Side won't work.) Jack's brilliant economic theories have been unable to bring prosperity to the nation or his district. Republic steel plants. As Keane likes to point out, "Last year Kemp spent one night in his district he slept in the Buffalo My fondest image of Jack was an appearance, via sattelite, on the Today Show. Jack, After the "study break". Councilman Keane adjourned to the Sweet Home Cafe to discuss the campaign, politics, and Jack Kemp. Keane humorously explained that he had achieved two of his three personal goals: looking "sporty" in his light colored golf shirt, was acting as an official observer of the Nicaraguan "elections." He reassured Bryant, Jane, and the nation that he was watching democracy in action. I sat therewatching this conservative buffoon, wondering what he was doing in Nicaragua, thousands of miles from the Bethlehem and ... Hilton!" "I've been mentioned in Mother Jones, I've been in a Tole's cartoon, all that's left is to make a Doonesbury." I hope he makes it, as the man who put Jack Kemp on the unemployment line, a . by Dana Young The Cutting Edge NYS "Toxic Tort Discovery Rule" Is In Effect Imagine you are plaintiff "P". You are a 21-year-old female who has justfound shehas cervical cancer. Further, your mother took DES while pregnant with you. Doctors have determined that the DES your mother ingested is responsible for your present disease. You are obviously very upset and want to sue the manufacturerof DES for the high medical costs you are going to have to pay, as well as for your pain, suffering, and possibly, death. Under the old tort law, however, your cause of action is barred. You would have had to file a tort claim within three years from the last date of exposure to the DES. You probably weren't even born at this timel If this sounds ridiculous, the fact is that this has been the settled law in New York State up until July 30, 1986. On July 30, a major legislative change took effect in New York's tort law when Governor Cuomo signed into law a "discovery" statute of limitations rule for cases involving exposure to toxic substances. Sometimes referred to as the "toxic tort discovery rule," this reform will allow victims exposed to DES, asbestos and other harmful substances to initiate claims which would otherwise have been barred by a three-year statute of limitations which began to accrue following "last exposure." This is a very significant breakthrough for these victims as many were unaware of their injuries for decades subsequent to their in- or ingestion of the toxic substance in question. This law will be pseudo-retroactive, allowing for "revival" of past claims within one year of the effective date of this act. The statute. Section 2 of Chapter 682 of the Laws of 1986, amends the Civil Practice Law and Rules by adding a new section, 214 (c). There are two effects of this section which every law student thinking ahead to the bar should understand. The first provides that in any case where a plaintiff has been exposed to a substance, the statute of limitations is to be computed (accrues) from the "date of discovery of the injury by the plaintiff or from the date when through exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier." This language, of halation course, raises interpretative questions as to what "reasonable diligence" is, and whether an objective or subjective standard will be applied in deciding when a person should have "through the exercise of reasonable diligence" discovered an injury. The second effect of the statute is to revive claims which are now time-barred. There are several strings attached withregard to this provision, however. First, the only claims which will be revived are those involving exposure to five specific substances: DES, tungsten-carbide, asbestos, clordane, or polyvinylchloride. Second, the claim must be revived within a year from the effective date of this act, i.e. by July 30, 1987. It should be noted that this act applies to claims for property damage as well as personal injury. Thus, an action for property damage, say from asbes- tos, can also be revived. The act also expressly addresses wrongful death ac- tions. Wrongful death actions can be revived, but only if the action would have been barred at the time of decedent'sdeath. In other words, if a personal injury action was not barred at the time of death, but counsel messed up and failed to file a death action within the two-year statute of limitations period, this act will not help revive it. The plaintiff can only seek lawyer mal- practice. Finally, the act expressly excludes dental and medical malpractice claims under CPLR 214 (c). All medical malpractice claims are still governed by CPLR 214 (a). The legislature made an interesting distinction in the framing of the "discovery" rule portion of this act. While the act now indiscriminantly allows claims to be made three years from the "discovery" of the injury alone, there is also a second provision which allows a victim who discovers the cause of his injury after the three year limitation period has expired to institute a claim. A number of jurisdictions have other adopted a "discovery of cause" rule rather than a "discovery of injury" rule, but it is unclear why New York is trying to adopt them both. Specifically, section 214 (c) (4) provides that if a plaintiff discovers the cause of his injury more than three years but less than five years after the injury was or shouldhave been discovered, that plaintiff has one year within which he can file a claim. This protects that class of victims who learn of their illness, but do not know of the connection between their disease and their exposure to some toxic substance. While it is commendable that the legislature is interested in the welfare of such victims, it is unclear why they did not simply adopt a "discovery" rule triggered by discovery of cause. The same problems that necessitated the adoption of a "discovery" rule upon discovery of injury, i.e. latency and lack of knowledge of the injury, can be argued to necessitate adoption of a discovery of cause rule, i.e. distant causal links and lack of knowledge of wrongdoing. If the legislature philosophically be- lieves that a person can discover an injury, but not discover the cause until later, then there is no reason to make a random time limit as to when such claims can be made. In addition to a time limitation on initiating "discovery of cause" actions, the burden of proof is also on the plaintiff to allege and prove that the "tech- nical, scientific, or medical knowledge" which would have enabled him to ascertain the cause of his injury was not "discovered, identified, or determined" within the initial three year period following "discovery of the injury." Again, many interpretative questions are raised as to what information concerning the cause of injury is sufficientfor plaintiff to have been able to ascertain the connection between the cause and his injury; how well this information must be publicized; etc. It should be noted that defense counsel will have to be wary in trying to prove that information did exist and was sufficient for plaintiff to ascertain a causal connection during the three year period following discovery of injury as they might be inad- vertently admitting causation at the same time. In conclusion, the enactment of this statute is a welcome step in tort law, despite a few ambiguities and inconsistencies in the provisions. As the statute is applied through the courts, hopefully these kinks will work themselves out. What is important is that a significant number of victims of toxic tort exposures will now have a chance to be heard in court on the merits of their case. This is a fundamental right, and on July 30, New York joined 42 other states who have similar "discovery" statute of limitations rules ensuring that such victims receive this right. by Vince Falvo Commentary Democratic Revival Blowing in "Political Winds?" In announcing his candidacy for the presidency in 1988, former Delaware Governor Pete DuPont made a curious observation on American politics: "The morning after the next election day, the American people are going to realize that Ronald Reagan is not going to be president forever." This incredible prophesy, damnation to some, salvation to others, was meant to perhaps imply that the American people will realize they want the heir to a chemical fortune to be president. Aside from his original intention. Governor DuPont makes a legitimate point. The passing of Election Day 1986 shall bring to a close the Reagan Revolution and usher in the period of post-Reagan politics. As the political struggles of the first Reagan term recede into historical perspective, what remains during the postReagan period is how historians and future policymakers will interpret this storied legacy of fiscal conservatism, military the and interventionism, scaled-down federal initiative. Clearly, the chief cause for this shift in the political- winds is the withering of the original Reagan mandate. Whereas the first Reagan term brought to Washington the most rigorous, ideologically rigid agenda since the New Deal, the Reagan administration now seems satisfied to govern on an ad hoc basis with few new policy initiatives. Although events such as the Rehnquist appointment, Gramm-Rudman, and the tax reform bill promise to carry the next century", they follow no affirmative agenda originating from the White House. Additionally, the traditional conservative cuts and rearming the beleaguered military has noticeably softened. The unqualified success of the Reagan forces in 1984 has permanently legitimized and established the conservative manifesto in the political mainstream. In doing so, however, the Reaganites have lost the moral passion and revolutionary fervor which made their success in the summer of 1981 possible. Republican candiates no longer speak of the desperate need to check the free-spending, gross taxation policies of the Democratic Washington establishment, but rather how best to perpetuate and refine what Reagan has wrought. The rallying cry of 1984 of "Let's finish the job!" has been replaced by thoughts ofhow best to build on the completed Reagan Revolution. The collective public statements of Mrs. Bush, Kemp, DuPont, Dole, et al. shall serve as evidence. The force of Reaganism In 1980-1985 was predicated on the presence of a counterrevolutionary force seeking to subvert it. Now that the Democrats have abandoned hope of a return to the political atmosphere before Reagan, the minions of the Reagan Revolution face the problem of maintaining a constant state of revolution in the post-Reagan era. The second clearest indication that the conservative revolution has ended is the willingness of the Democrats to look continued on page 11 October 15.1986 The Opinion 7 �The Cafe: HardwoodFloors & Men's Room Doors by Kevin O'Shaughnessy Many people contend that Rooties Pump Room is the best bar near the Amherst Campus; it is popular with the Bennigans, Chi-Chi's and Friday's crowds that like to eat greasy wings in designer jeans and . Reeboks, then call it slumming "meeting the real Buffalonians." Sorry Rooties, you're a distant second behind the Sweet Home Cafe. The Cafe is the perfect cure for common academic ailments: mind bending exams, all night writing/typing forays, and the "what am I doing with my life" blues. It is my favorite place not to get reading done. Guiness is always on tap ($.95 a glass, $2 a mug). Additionally the bar features happy hour specials (Monday through Friday 4 p.m. 7 p.m., two bottles of domestic beer for $1.95, and $3.25 pitchers of Michelobe Light or Genesee beer and ale), free popcorn, and an all world juke box: not as electric as Anacone's Inn, but rich in Rock classics like "Radar Love" by Golden Earring, "My - Woman From Tokyo" by Deep Purple, and "Long Haired Country Boy" by Charlie Daniels. BAR REVIEW At the Cafe, suits, flannels, leathers and T-shirts tip'em back together. Some of the crowd looks pretty rough, but I know of no trouble ever beginning. People come to relax, unwind, and watch periodic bands (once or twice a month). In addition to the jukebox, other entertainment includes chex hockey, electronic darts, pinball, and bowling. The man- agement claims the kitchen is a "couple of months" from completion. Good news for shy male customers who have not patronized the Cafe since spring: management has installed a door on the men's room! However, this innovation may increase the traffic near the front table, which, until the recent installation, has afforded one of the more interesting vistas in Western NewYork. After an intramural football or Softball game the Cafe is a dependable bar where the beer is always cold. It is open during the day unlike Rooties, which unpredictable has . business hours. Weather permitting, a picnic table sits on the porch to facilitate hassle-free outdoor drinking. And no one turns the collar up on his polo shirt. come to think of it, no one wears a polo shirt. The Sweer Home Cafe: "No Polo shirts." ,.^-^^ "" '"?aeW 'i S%i. r A First-Year's View Untold Treasures Await Students Willing to Explore by Shelley Rice If you haven't yet, I suggest you explore and discover Buffalo with a few friends. The whole first year class in one place at the same time may change the natural environment of an establishment. If you're on a budget, you may discover less expensive wings. If price is of no concern, you may discover where the best wings, wines, and sundries are. During the Fall Break, I ven- tured downtown/midtown. There are some very nice places. There are Latin shops, Asian food, Italian delights and if I left any group out, it's not because they're not there, it's only because I did not discover them yet. Dare to go where "you may not know anyone." You may discover you will meet someone you know, and you may find those who have similar mores as yourself. I agree with Dorothy that "there's no place like home," but since I did not make it there for the Fall Break I made the best of Buffalo. On Allen Street I felt a breeze of NYC's Greenwich, with its small restaurants, shops, and bars, each with varying degrees of creativity and atmosphere. I actually found a place I could dance, to sounds similar to NYC's Garage. Imagine there's someplace for everyone here. Delaware Avenue is the equivalent of NYC's Fifth Avenue. There are very beautiful window displays where no prices appear, suggesting that "if you have to ask the price, you probably can't afford it." There are also very elegant establishments that have the air of being visited by wealthy and stuffy old men. There are very large mansions turned office buildings and at three in the morning, you can imagine it would be nice to live on a quiet street like Delaware with a large grassy yard and wealthy neigh- bors. At 4 a.m., with a friend, I happened upon a disco roller skating rink off Main, and a Freddy's Donut Shop. I even ventured out during the day and met some town folk. I was referred to several nifty thrift shops and nightlife taverns. There's plenty more to discover. So far, Buffalo's all right. I realize I haven't gotten caught in a snow drift yet, but since I will spend three years here, I'm being optimistic. I haven't seen it all and I hope it will get better. Guardian Angels ...... maximum. The oldest member is currently 80 years old. To become a Guardian Angel, you must not have a serious criminal record. You must be The Opinion schedule for the 1986 Fall Semester is as / working or going to school or be able to demonstrate how you support yourself. After being screened an applicant must complete a three month follows: number over 5,000 members in COPY DEADLINE* LAYOUT** 27:5 M0n.,0ct.20 Thur.,Oct.23 Wed., Oct. 29 27:6 M0n.,N0v.3 Thur.,Nov.6 Wed., Nov. 12 27:7 Mon.,Nov. 17 Thur.,Nov.2o Wed., Nov. 26 27:8 Mon., Nov. 24 Sun., Nov.30/ Fri., Dec. 5 ISSUE �Deadline is 12:00 noon. . DATE OF PUBLICATION Mon.,Dec. 1 "Layout will be in The Opinion office, room 724 O'Brian Hall at 6 p.m. All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office, room| 724 O'Brian Hall.. * Staff meetings are held every Tuesday at 6 p.m. in the office. 8 The Opinion October 15, 1986 continued frompage 2 training program that usually requires 10 hours per week. After the physical training in self-defense, CPR, the penal code, the constitutional rights of making a citizen's arrest, and patrol techniques, a trainee must contribute a minimum of two patrols per week. The Guardian Angels now 61 American, Canadian, and Mexican cities. But it took the group two years before they gained any recognition. The Guardian Angels were in Atlanta, Georgia during the period of child kidnappings and killings. At the time, they were told by Mayor Jackson, "We ain't got no damn subway problems, go home." After they succeeded in Atlanta, they were invited elsewhere. Now Mayor Koch says, "I love the Guardian Angels." The Guardian Angels do not carry weapons while on patrol. Before going out on patrol; each member is searched for drugs, drug paraphenalia, al- continued on page 10 �Outside Interests Threaten Gridiron Dynasty by Kevin O'Shaughnessy 3 L Sec. 2 (formerly 1L Sec. 2, 2L Sec. 2) opened the intramural flagfootball season with a 48-6 victory over LAMBDA to the Western New York Collegiate Flag Football Tournament. Critics say a majority of the team has spent the off season "cashing in" on the team's gridiron prowess. Quarterback moments early (the score was a 14-6 after the first quarter), last year's champs pulled away and cruised to victory. Second year man Mike Herb was key to the victory: "At firstthe defense was having trouble with their audibles, we thought they were in code. But I figured out that they were in Spanish after that it was easy, all their plays Rick Resnick spent the off season as "Ravishing" Rick Resnick, a professional wrestler in the southern circuit (reruns of "Ravishing" Rick can be seen on WTBS, Atlanta, Sundays at 3:00 a.m... Don't miss his Texas Chain Match against Brutus Beefcake). Also, Resnick has just finished taping an exercise video with llyle Alzado which will hit the stores near Christmas. Wide receiver Joel Schecter (who missed the home opener for "personal reasons") has opened a series of dance studios for young girls: Schecter's Tap for Tiny Tots. When asked about his failure to appear in the opener, Schecter replied, "I've got to prepare for my life after 3 L Sec. 2 the guys have to understand that the girls need me." Sources close to Schecter indicate he last week. After a few anxious . were on 'uno'." Signal caller Rick Resnick led the team in rushing and passing (7 carries 73 yards; 14 of 22 for 367 yards with 5TD's). Will "The Whiz" Zickl and Bruce "Big Hands" Hoover led the team in receiving with 6 catches each. Defensive end John Formica led the team with 8 tackles and 3 quarterback sacks. Storm clouds may be on the horizon for the 3 L Sec. 2 dynasty, which captured the fall and spring crowns, in addition ... was in New York City to interview for a co-hosting job on "DANCE FEVER", Team officials have refused to comment on whether Schecter will be fined. Offensive lineman Keith Fabi has opened Fabi's Fabulous Fitness Centers. The centers have combined Nautilus workouts continued onpage 11 B.F. Skinhead David Lynch's film Blue Velvet is a modern Alice's Adventures in Wonderlandwith morbid Lynchian undertones and a fairytale ending. Lynch's Alice is an ail-American small town teenager named Jeffrey (Kyle MacLachlin). Jeffrey falls "down the rabbit hole" into a sordid land of wonder via a severed human ear, and after a cathartic process of growing up, fitted back into the ultra-pleasant facade of his home town, Lumberton, USA. Like Alice, Jeffrey is drawn into a foreign and frequently unpleasant situation by an insatiable curiosity. As he meanders home one day he chances upon a moldy bug-infested ear. He takes it to a policeman, his neighbor, who then takes Jeffrey and the ear to the Town Coroner. As the Coroner begins to examine the ear the camera closes in on it, and ultimately ventures into it. There begins apparent that the singer's dingy neighborhood has been shielded from Jeffrey's idealistic view all his life. Entering it, he becomes entwined in her sado- masochistic nightmare, propagated by her husband's mani- acal kidnapper, Frank (Dennis Hopper). Frank is the Mad Hatter, and Jeffrey, as Alice, is invited to a frightening tea party peopled by thugs, transvestites and a hefty but scantily clad female who dances on the roof of a car as Frank and hisfriends dance on Jeffrey's face. Perhaps unintentionally, David Lynch adds interest to his story much as Lewis Carroll did in Alice. Alice's Adventures in Wonderland takes on the appearance of a children's tale, but it is not really for children. In the two stories that make up Alice's adventures, Alice meets up with Humpty Dumpty, the Quixotic White Knight, and the Knave of Hearts who stole the queen's tarts. Most readers would be familiar with these characters, but Carroll shows them in a new light by putting them in new situations. Simi- exploits with Dorothy, the nightclub singer, tells Sandy, "I think you're a neat girl." He tries to carry this over into Dorothy's world and be a hero, but he soon discovers that hisheroism is undesired and out of place. Like Alice, Jeffrey grows up through his adventure. He is stripped of his innocence and naivete by being drawn into an alien world and trying to ultimately escape with his sense of self intact. As the adventure is about to end, Jeffrey discovers the body of Dorothy's husband. He has tried to act without the police through the whole story, but at this point he says, "I'll let them find you themselves." Jeffrey has seen that he can't be a hero and now simply wants to get out. Alice goes through the same process of growing up. Her maturation is manifested at the Knave of Hearts' trial when, tired of the game and growing to a gargantuan size, she swats at the Queen's courtiers and says, "You're nothing but a pack of larly, Lynch conjures up the boy next-door and the girl nextdoor in Jeffrey and Sandy. Sandy sits in front of a loud and brightly-lit chapel telling of her dreams of love, and marvels, wide-eyed, "It is a strange world." Jeffrey is no less typical as the boy next-door who, while taking a breather from his cards." Throughout the movie Lynch plays games with his viewers. He never allows them to become complacent. It would be simple to establish a plot and follow it to the end, using all the right cinematic techniques in-all the right places. Instead, he injects his story with some of the expected directorial RES IPSA LOQUITUR /\\| f /Vx I /\V/\ I I [yY f\ / I \jh ' I I I \ J . Hoov'", can be seen Monday through Friday, 5:30 a.m. to 6:30 a.m. "It's a blend of sports, viewer phone in interviews, and some real funky tunes sort of Greatest Sports Legends meets the Grateful Dead. Next week Grace Slick and Curt Flood will discuss the relation- Blue Velvet: David Lynch inWonderland by Jeffrey's adventure. From the policeman's daughter, Sandy (Laura Dern), Jeffrey finds out that the ear used to be attached to the kidnapped husband of a tortured and tormented nightclub singer (Isabella Rosselini). Sandy takes Jeffrey to the singer's apartment building and reluctantly agrees to help him get inside. Although Lumberton is portrayed as a very small town, it is 3L. Sec. 2 with low calorie Italian food. Keith recommends the "Leg lifts with lasagna workoutforall you folks trying to trim your caboose." The air waves have claimed tight end Bruce Hoover, who hosts a local morning variety show for Orchard Park residents. The television show, "Groovin' with the T/ie iPayer Qfov yorinstate - MuCtistate "Bar fyviav offers an continued onpage II A [(/ \ j\J "Bar Tiym. "We emphasize integratedapproach to the 9ie.iv sophisticated memory techniques, essay uniting skss and a concise, organizedpresentation of the law. you Wittbe prepared and confident. I Ir-^ PIEPER NEW YORK - MULTISTATE BAR REVIEW [j\ It speaks For Itself. 90<Wittis Avenue, Mineo[a,*(y 11501 Tekpfwne: (SIS) 747-4311 PIEPER REPS BRIAN BORNSTEIN DORIS CARBONELL JUDITH KUBINIEC MARIA LOTEMPIO AMY MURPHY MARK POLLARD f\fy /\V (\) \T\^ JOHN ROWLEY DONNA SIWEK AMY SULLIVAN EARLY REGISTRATION DISCOUNT TO DECEMBER 1, 1986 October 15,1986 The Opinion \ I / 9 �Human Rights Law & Policy Group Plans Films, Talks on Apartheid, Latin America, Third World by Dana Young The Working Group on Human Rights Law & Policy met for its first organizational meeting of the 1986-87 year on Thursday, September 25, in the student lounge. Approximately 15-20 students showed up to continue or become involved in the group, as well as just find out what the group stands for. The Human Rights working group was created last year and has as its purpose to be a forum in which interest in human rights in the University community can be expressed. The group is sponsored and funded through the Baldy Center. Directing the group this year is Professor Claude Welch, a faculty member in the political science department. He initiated the meeting by having each person in the group describe their area of interest within the broad realm of human rights issues. Interests ranged from conditions in Latin America, apartheid in South Africa, the question of what "universal human rights" actually are, reproductive freedom in developing countries, the politics of starvation, to general interest in any and all of the above. One thing that the group as a whole agreed on was the desire to educate students within the law school community. The group hopes to conduct discussion groups on specific is- sues, show films dealing with various human rights topics, invite in guest speakers, and get more people involved in learning about human rights. One suggestion is to recruit representatives from local political action groups such as the Center for Justice and the Western New York Peace Center and have them talk about these and other organizations which fight for human rights in our local area. Another is to set up a panel discussion on Central America with both hard-core left wing and hard-core right wing representatives in attendance. Such a panel discussion could prove both heated and interesting! The working group has already conducted one discussion group on Legal and Policy Problems in Central America. This discussion was planned as a "lunch discussion" and took place last Thursday, October 2, on the third floor O'Brian-Baldy Bridge. It is hoped that similar informal lunchtime discussions will be held, so keep your eyes and ears open for the time and place. It is not clear at this point how much of an "activist" role the group will take with regard to human rights. It was clear from this meeting, however, that it is the students who will make the decisions about what they want to be involved in and accom- plish. Thus, the activist nature of the group will reflecl the activist nature of the students involved. Finally, the working group on human rights is an open organization. All students are welcome at any time to join and become involved in learning more about human rights issues. Professor Welch is an especially approachable person and very interested in having lots of students in the group, even if just to listen! Anyone interested in the group should contact ProfessorWelch or Idelle Abrams (Box 291) or simply watch for signs announcing the next meeting. Job Hunting in the Big Apple Interviewing Hints for the Budding Corporate Dog by Larry Mullin Skyscrapers, sweaty palms, new suits, and red power ties were the order of the day as scores of UB law students flew southeast for the annual New York City off-campus interview program. The event was a smooth success thanks to the heroic efforts of the Career Development Office. Special acclaim goes to Audrey Koscielniak, the fearless (and sometimes fierce) leader of that department. (Ask a stupid quesget out of my office!). tion Although a small contingent of public interest firms and agencies was present, the main focus was on the high salary, long hours, corporate firms. Student reaction towards the . . prospect of working in a New York City "sweatshop" was mixed, despite the obvious fi- nancial rewards. Many were concerned about selling out their ideals or becoming a cog in the corporate machinery of a huge Manhattan law firm. Others felt that two or three years in the "big time" would give them the finances and resume to go anywhere. There were others who faced no moral dilemma. As one young, robust fellow stated flatly, "You can't beat the One money! Holy Shit! thousand dollars a week! I'll do — anything for those big bucks I'll wear knee pads every day!" However, most of the firm's representatives this reporter talked to felt that knee pads were by no means necessary to make it in their law office (no portance only to lack of moral reservation in judging potential for success as a "city" attorney. pun intended). For the week prior to the trip many third year students gave tips on the dress and style appropriate in interviews. Some of the more helpful suggestions included: Carry your brief case in your left hand so that you can give your sweaty right palm a few affect one's gas— Nerves cansystem. tro-intestinal To avoid embarrassment, go to the bathroom before each interview. All in all, students felt thatthe firm representatives were far more genuine and friendly than had been expected. Moreover, many students were pleasantly surprised to find out that recent UB grads were doing the interviewing. These latter interviews — Never, — never ever mention your strong desire to do large amounts of pro-bono legal work. would often break down into relaxed rap sessions about favorite professors and the latest antics of Schlegel. good swipes before the standard pre-interview handshake. For other helpful hints it was widely recommended that stu- After the.long day, a large number of the thirsty participants hit the Yuppie scene of theSouth Street Seaport. As for this reporter, a walk on the wild side through the GreenwichVillage punk joints was the preferred method of blowing off ties — Men should wear power suggesand white shirts. This tion may account for the fact that 90 percent of the neckties were bright red. Wear a good WOOL suit. Fashion sense is second in im- — dents confer with Professors Katz or Freeman. Oddly, very few people stressed the importance of presenting yourself in an articulate, confident fashion. So yp-u still think substance is more important than form? steam. Guardian Angels continuedfrom page 8 cohol and weapons. They provide many volunteer services to local communities. These include escort programs for senior citizens and the handicapped. Their patrols are made on foot, horseback, and in automobiles. The Angels also or- ganize food distribution programs for the hungry and the homeless. Curtis also spoke out against the role models that are available for young men today. We feel comfortable with Mr. Ts, Scarfaces, and a man like Richard Pryorwho blew himself up freebasing cocaine. Where are the role modelsfor the inner city youth?" asked Sliwa. Curtis feels that our criminal justices system abandons us and bends overforthecriminal. "The bottom line is that society always fails to look out for the rights of the person that was I Citizen's Commission on Criminal Justice For Buffalo and Erie County, Inc. Victim / Offender / Community j victimized," Curtis continued. "Crime and drugs are human relations that require community— the "us and we." He explained, "The catalyst for the Guardian Angels was the hundreds of storied I heard of victims; I resurrected old values." The purpose of the Guardian Group Legal Services H PLEASE JOIN US for dinner, an awards ceremony, and a panel-and-audience dis- = |jcussion with Commissioner George Grobe, Jr. (Crime Victims Compensation Board), — —— —— Reripients- William 0. Douglas Award Dorothy L. Shields Award Dennis Wittman Bonita Hampton Fr. Roy Herberger, Special Commendations: Mark Mahoney, AudreyMang, Joel Maten, Ellen Yacknin I 6:30 - 9:30 | Dinner and The Opinion October 15, 1986 415 14072 (716) 636-254H (June License) 10 --- p.m. 1 Moot Senior Citizens Center 292 High Street a one-year CCCJ membership: Sl.Vsingle; $25/double. We appreciate your reservation: CCCJ, Box 207, Grand Island. NY ... Apply Mon. 10a.m. 5 p.m. Tues. 12:30 p.m. 5:30 p.m. Wed. 4 p.m. 7 p.m. Thurs. 12:30 p.m. 5:30 p.m. Fri. 1 p.m. 5 p.m = Maurice Garner (New York Citizen Action Network /1 (moderator and chaplain, Albion Correc-1 I Wednesday, October 15, 1986 Attention: Applications are now being accepted at Group Legal Services in 214 Talbert Hall, Amherst Campus (636-3056). sßlock Clubs) and Rev. Cheri Farr-Keipper Award — is a slow methodical process," concluded Sliwa. Positions available for STUDENT WIDE JUDICIARY DEFENDERS How can we restore to wholeness victims, offenders, and the communities from which they / we come and to which they / we return? = tional Facility). failures LAW STUDENTS Reintegration gClarence Jones (ex-offender), Angels is to fight crimeand provide positive role models for young people. "The moral imperative is that in the future it can no longer be, we want perfection or we won't even try. Success justifies many 3 V Seventh Avenue, Suite 62 New York. New York 10001 (212)594-3696 (201)623-3363 X �Dean Search Committee into the deanselection process. He wouldlike to set up a student forum at which students could voice their opinions as to what is important to them in a dean. His impressions of what students need and want would be filtered back to the Committee. He is willing to take a strong stand because the acquisition of a permanent dean is not something which can be put off. Hayden remarks that he does not want to see this year's search take until December to get started, as the last Dean Search did. Unfortunately, though, according to Dr. Albino, it will be a while before the search really gets going. After the student members are finalized there will be an organizational meeting, and then the Committee will have to determine what it wants to do regarding advertising and recruitment. "Ordinarily you try to do a lot of recruiting before you get anyone," and Albino predicts that it will be at least December Keane continued from page I before any dean candidates are invited to Buffalo for interviews. SBA's other studentchoice is Kyle Maldiner, who majored in Psychology at Wells College, a women's college on the shores of Cayuga Lake. After graduating from Wells, Maldiner took time off before applying to Law Schools. She applied for a staff position at the Marriott Hotel and was instead hired as a Personnel Assistant and was quickly promoted to Personnel Manager. During her three years at the Marriott, Maldiner estimates conservatively that she interviewed about 1500 people for various positions in the company, including General Managers. Consequently she is very comfortable with conducting interviews and is not afraid of having a part in a very major decision which will ultimately affect the entire Law School. "I am comfortable in my ability to select the right . person." While shewas Person- nel Director at the Marriott the hotel won several awards for the hospitality of thestaff. Maldiner estimates that she hired 75 percent of those on the staff at that time. She attributes her success in hiring theright person to knowing what she wants to hear from the candidate. She evaluates a position to determine the necessary qualities of someone in that position and then looks for those qualities in the person she interviews; "Even in an adverse hiring [situation] I can be successful if I know what my goals are." Maldiner adapts well to any situation and "can relate to diverse kinds of people." To obtain student input Maldiner plans on talking to students from Ist, 2nd and 3rd years. Given her Psychology background, she would not be opposed to conducting a randomsampling, simply stopping people in the halls and asking what they want in a dean, and then asking herself, "what words keep coming up?" When she knows this she can figure out what to look for when resumes come in and candidates start arriving for interviews. Although the Provost is asking for a total offour names and biographies, the SBA is giving its support to Jim Hayden and Kyle Maldiner. They were chosen carefully from a selection of twelve well-qualified candidates, and SBA is going to stand by its decision. The two students who are selected by Provost Greiner will join Professors Lee Albert, Dianne Avery, noted that his brother, Richard, is a member of the New York State Assembly's committee on with questions from the floor. Students quizzed Keane on Barry Boyer, Thomas Headrick and Alfred Konefsky. Law School Administration will be represented by Assistant Dean Aundra Newell. There will also be three local practitioners of law: Mr. Leslie G. Foschio, Mr. Robert P. Fine, and Ms. Dianne Bennett. The Dean Search Committee will be Chaired by the Dean of the School of Architecture, Dr. Michael P. Brooks. The University "needs to involve apartheid. A large sectionof the 31 st dis- largest industry. The chairman of the House Committee on Agriculture, currently lacking a New York State representative, trict is rural, and Keane reminded his audience that agriculture is New York State's assured Keane a committee seat. Keane, who has been endorsed by the Sierra Club, also agriculture and stated, "We'd make a good one, two punch" for NewYorkState agriculture. The "study break" concluded such topics as: federal employee drug testing (Keane condemned the tests as "Gestapo tactics"); abortion (Keane is opposed to abortion on demand Fraser Another aspect of the comparison between Canadian and legal conceptions Fraser wants to "try to figure out is exactly how applicable the Critical Legal Studies (CLS) critique is" to Canada. "CLS is an incredibly American institution," said Fraser. "A lot of the critique and argument that CLS makes is based on the American constitutional and political experience which is not directly transferable to Canada." While some of it obviously is, said Fraser, it is problematic because Canada, in its political organization "much more resembles a European social democ- racy and welfare state than it resembles the U.S." This is a question Fraser will be exploring this year. On the question of national identity inside Canada. We define ourselves defensively, so when we're in the U.S. we're Canadians because we're not identity, As a result, Fraser does feel like an "immigrant" in the U.S. but finds that "the culture shock isn't as great in Buffalo as it would be somewhere else." Fraser finds that "when I'm in Canada, I don't identify myself as a Canadian because it is my thesis and my belief that there's no Canadian Americans." Thuronyi In other cases, literally dozens of people have to sign some trivial piece of paper. There's not a lot of reason to it." After his stay in the Treasury Department, Thuronyi didn't have a specific idea of what he wanted to do next. He had enjoyed some aspects of private practice, which he did for three years after he graduated from Harvard Law School, "but it's not really where my heart is. I'm more interested in helping to improve the laws than helping out some particular client. There are some types of practice where helping clients is helping people, but in tax law it's usually just a financial thing." Teaching offered Thuronyi the opportunity to focus in on public policy questions and to spend time thinking about laws "to see if you can think of ways to change them and understand them." Teaching, Thuronyi found, is a very different experience from his previous jobs, where he was working with either other tax lawyers or with kind of communication. You are communicating with people who are not versed in yourtechnical field, but it still involves a technical element, so it's a tricky job." important responsibility will be to the students of the Law School, and the selection of a dean must take into consideration the needs of the student foody. SBA's Executive Board was aware of this when they interviewed for.student representatives, and this awareness resulted in their selection of Jim Hayden and Kyle Maldiner, who will contribute a great deal to the Dean Search if they are just given the chance. _ continued from page 2 Canada is so close and Canadian TV and radio are easily accessible in Buffalo, so "I can find out what's going on at home." Fraser commented, "I have a sense when I'm not here of not being American but I also don't have a great sense of loss." continued frompage 2 course. "The government takes a lot of money out of the private sector through taxes." The question of who gets to keep what "is an important thing for people to think about, no matter if you want to go into tax law or not," said Thuronyi. economists. "It's a different tional mood of the post-Reagan period. The race for the presidency in 1988 remains in a state of wild, abandoned speculation. Complete hysteria, and the advent of the post-Reagan era, should begin, as Governor DvPont put it, "the morning after Fate and the market have not been kind to middle linebacker Brian "Born" Bornstein (the self proclaimed Jewish Brian "Boz" Bosworth). Bornstein had been hired by ESPN as a color man for their U.S.F.L. telecasts. The "Bom's" future hangs with the fate of the league. He also invested most of his play-off money on People's Express Airlines friends have hidden all the sharp objects in Bornstein's Westminster Avenue Mansion. Defensive end John Formica and free safety Tony Cutry have formed a small holding company which, as they have termed it, "is heavily involved in chemcial research." The young entrepreneurs see a bright (and brightly colored) fu- ture for their partnership. Mike Herb and Jer/y Sperienza, the undergraduate defensive backs, have created a record company: Cid Records. Herb and Sperienza feel they are close to luring Warren Zevon, R.E.M., and Lou Reed continued frompage 7 beyond it. The present crisis 01 conviction within the party which followed the 1984 fiasco is a desperate search to regain lost constituencies and redefine its purpose. The public hand-wringing of many Democratic officials and the rise of Democratic policy forums seeking to reexamine the party's mission are symptomatic of a recognition that Reaganism has achieved preeminence in national politics. Democrats are no longer interpreting the Reagan presidency as the temporary insanity of the electorate. Doubters will find the last Democratic candidate who tried to resurrect the traditional liberal mantle not on Pennsylvania Avenue but on a lake in Northern Minnesota. The passing of the turmoil of the Reagan years into the post-Reagan era hasforced the Democrats to reforge their message as itforces the Republicans to redirect their energies and consolidate their gains. ship between the '67 Cardinals and the Jefferson Airplane Album Surrealistic Pillow," explained the amiable tight So what, then, does this postReagan period promise politically? Will the following years see a reentrenchment of the conservative beachhead established in the Reagan Revolution? Or could we be poised on the edge of another New Frontier similiar to Eisenhower's final two years? The answer lies in which party and whichcandidate can best capture the na- Two day service in most cases! About 5 minutes from Amherst Campus Controversy has surrounded Will "The Whiz" Zickl during the off season. The white wide out posed for a series of mesh underwear advertisements. Phil Zickl, Will's older and somewhat reserved brother, is disgusted with his brother's exploits. "-He looks like he's smuggling grapes," the distraught sibling explained. "At least he had the good sense to invest the 'tainted' money wisely", added Phil. The Zickl brothers have opened "Phil and Will's Bait Shop" in their home town of Batavia. 1111111111111111111111111111111111111111111l THE PASSWORD: ACCU-TYPEsetting, Inc. • Tn. Amherst, NY 14120 Rd.) (offSweetHome Rd. betweenNo. French& Tonawanda Creek - (716)691-7480 • Dependability • Fast Service Moderate Prices 41* Scrralk ATCMC. Me U New Ywh. New T«k lOooi (lll)*»4-3** (101) *»-))*) the next election." continued from page 9 Football end. NEED RESUMES IN A HURRY? 47 Christine Drive but would allow it for cases of rape, incest, or a healththreatening situation to the mother); and the death penalty (which Keane favors as a deterrent). Because of the effect the tax law has on the economy and on society, Thuronyi thinks it is good that Tax I is a required Democratic Revival Quality It is indeed important thatthe dean of our Law School be someone, who can accept a wide range of responsibilities. However, the Law Dean's most continued frompage I in South Africa and favors sanctions against government American constituenciesfrom outsidethe (Law School]" in searching for a Dean. As Dr. JudithAlbino remarks, "When we search for a dean we're looking not just for an individual who has major responsibilities within the Law School, but without the Law School" in the University itself and in the community. . Blue Velvet into a special recording session entitled "A Vicious Reconstruction of Werewolves on theWild Side." The pair deny rumours that Cid Records is the target of a record pirating investigation. Defensive end and Player Representative Kevin O'Shaughnessy was rumoured to have spent the off season in Nepal: drinking scotch, eating Grape Ntrts, and penning his memoirs. continuedt'mm page 9 cliches, but puts them in unexpected places. After Sandy and Jeffrey leave the building where Dorothy lives, the camera dramatically zooms in on the street sign; it is straight out of film noir. However, nowhere else in the movie is the street mentioned or referred to by name. Lynch seems to be begging his audience to see something profound in his imagery and then laughs at them when they do. It is tempting to analyze or psycho-analyze Blue Velvet, a film which its directorrefers to as "the HardyBoys in Hell." The film is packed with Freudian characters and Oedipus complexes. It is more tempting, however, to venture into the severed ear and finally exit from Jeffrey's ear musing as Alice does, "I've just had the most curious dream." October 15, 1986 The Opinion 11 �A 12 The Opinion October 15, 1986 c 1986 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-10-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3cb209044835bbe60815337da6ad7b6d.pdf 0e74043dcb109771d0de95034b8cebac PDF Text Text Law School Centennial to Be Celebrated Next Fall by Susan Clerc Celebration of the UB Law School's centennial will begin next September, according to Law School Associate Dean Alan Carrel. The school turns through next summer. "We purposely decided not to celebrate ours at the same time," says Carrel, who is also a member of the Steering Com- mittee appointed to plan the Law School Centennial Exhibit. 100 this coming May, but festivities are being postponed because the Erie County Bar Association is also marking its 100th year and their celebration is expected to lastfrom this fall school's centennial bash. Among the projects planned by the Steering Committee are a directory, a history of theLaw School, and a series of events. Although the Law School and the Bar share a birthday, Carrel saysthat an exhibit currently on display at Erie County Hall is "the only joint project" of the two institutions. The exhibit, dedicated September 11, chronicles the development of the legal profession in Western New York with photographs and documents. After a month or two at County Hall, it will take off on a road trip, stopping at the Statler, some local banks, and eventually, O'Brian Hall. The schedule hasn't been finalized however, according to the Bar Association, and its arrivaldate on campus is unknown. The directory is "expected to be out in the fall of '87" listing alumni of the Law School in four different categories, said Carrel. "The name listing will be in alphabetical order; then there'll be another list by class, and another list by geographical area, and [a list by] areas of practice." Carrel feels that the directory is long overdue. "There was a time not that long ago when almost all the alumni lived in Buffalo, but the Law School has changed dramatically in structure and nature in the last 10-15years. Half of our alumni have graduated in the last 11 years [and now work] in a wider geographic area. There's a lot more needfor this kind of thing now than ever before." Judge Thomas P. Flaherty is chairing the subcommittee responsible for a history of the school slated for completion next fall. A history was published for the 75th anniversary and the author, Gilbert J, Pederson, will be helping with the revised edition. The subcommittee's goal, says Carrel, "is to raise enough money to publish 6500 copies and send one free to every alumni, and give one free to every student in the Law School." But if the funds aren't forthcoming, expect to buy one. The history will include a ''listing by class of every person who ever graduated from" the Law School, a list of former deans, faculty past and present, and all the current students up to this year's first year class." Special events for the centennial are "still in the early planning stages," but Linda Nenni, who is in charge of arrangements, expects there to be a weekend- for alumni next fall. Among the proposed activities are some kind of academic event followed by a cocktail reception, a key speaker, brunch, seminars and probably a dinner. A gathering of former deans is another possibility under discussion. Nenni is also hoping, to hold other events throughout the academic year "keyed to existing events like the annual alumni convocation" and commencement. Members of the Steering Committee are: Honorary Chairman Edwin F. Jaeckle; Chairwoman Margaret Lillis Snajczuk; James Arnone; Terrence F. Barnes; Harold J. Brand, Jr.; Alan S. Carrel; Douglas S. Coppola; Louis A. Del Cotto; Hon. M. Dolores Denman; Hon. Charles S. Desmond; Mark G. Farrell; Hon. Thomas P. Flaherty; Christopher T. Greene; Thomas E. Headrick; AndrewC. Hilton, Jr.; Barbara Howe; Jacob D. Hyman; Erma Jaeckle; Hon. Matthew J. Jasen; M. Robert Koren; Philip H. Magner: Diane J. McMahon; Robert I. Millonzi; Linda J. Nenni; Wade J. Newhouse; Sandra S. O'Loughlin; Daniel T. Roach; Robert C. Schaus; John H. Schlegel; Rose H. Sconiers; Paul C. Weaver; Catherine T. Wettlaufer; and Sharon L. Wick. THE OPINION Volume 27, No. 3 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 1, 1988 Dean Search Saga Continues; Reformed Committee to Start Anew; Expects "Prompt Acquisition" of Dean by Krista Hughes Five law professors and two first-year students will be among the members of the newly re-formed Dean Search Committee-. UB Law School was without a full-time dean until July 1 when Wade J. Newhouse was named to the position. Newhouse stipulated, however, that his tenure would not go beyond two years. Thus far, the two-year search for a permanent dean has been frustrating and fruitless, but apparently the University Administration is hoping that a fresh start with an entirely new committee will result in the prompt acquisition of a dean for the Law School. Although the Provost's office has yet to reveal the names of all of the Dean Search Committee members, itis clear thatthe head of last year's Committee, School of Management Dean Joseph Alluto, will not be returning. It is more than likely that the position will be filled by the dean of one of the other schools within ÜB, as it is customary for the University to include in any such search a prominent member from outside ofthe curriculum involved. There are five positions on the Committeefor Law School members, three of whom have already been announced. Those three are former dean Thomas Headrick, and professors Lee Albert and Barry Boyer. The faculty had submitted a list of nominees for the committee positions to the University Provost's office, and it was exclusively by that office's discretion that the faculty members were chosen. However, this year the Committee is to include two students, rather than one as in the past, and it would be almost-impossible for the same procedure to be followed. Therefore,. the Provost's office enlisteathe faculty aid of the Student Bar Association.Central administration had indicated that it would probably prefer studentsfrom outside of SBA, so applications were solicited and twelvestudents were interviewed by the SBA Executive Board. The students cho- SBA Treasurer and Directors Named by Amy Sullivan Only 40 percent of the total student body voted in the SBA elections which were held on September 17-18.While 60 percent of thefirst year class voted, Newly elected Treasurer Vicki Argento. only a third of each of the sec- ond and third year classes par- ticipated. The Class of 1989 not only had the highest turn out for voting, but also had enough candi- dates to fill the positions for SBA directors. The new first year directors include: Derek Akiwumi, Ray Benetiz, Brenda Freedman, Diana Harris, Kimi King, and Shelley Rice. There were two votes separating the sixth and seventh candidates, bringing fear of a tie. According to SBA President Brett Gilbert, "The sixteen candidates were all so energetic and competent, yet only six got it." The second year class had five petitions for the six positions available. They included: Lois Liberman, Barbara Mc- Lean, Nancy Pringle, Nancy" Steiger, and John Williams. Sharri Berlowitz became the sixth director, with three writein votes. The senior class had three candidates on its ballot as well as three active write-ins. Candidates on the ballot included: Kate Barth, Larry Basel, and Andy Winston. The three active write-ins to take the positions were Julie Bargnesi, Paul Karp, and Tammy Gordon. SBA's new treasurer is Vicki Argento, winning with 190 votes. Her opponent Jacque Claude Dugue received 123 votes. Gilbert noted: "There is somewhat of a difficulty getting the new directors together for a meeting to discuss schedules. This is due to a time conflicts with their classes." According to the SBA by-laws, the treasurer and directors should commence their duties by September 22 at 5 p.m. Current Dean. Wade Newhouse. sen to sit on the Dean Search Committee are Jim Hayden and Kyle Maldiner, both first-years These two students will be responsible for keeping SBA informed as to the progress of the search, and writing periodic articles to thateffect for The Opinion. Thomas Headrick, after almost a decade as dean, announced his resignation in September, 1984, leaving ÜB's central administration a year in which to find a dean. University Provost William Greinerhad initially intended to form a Committee which would accept and review dean candidate resumes until March 15, 1985. The most promising candidateswould be invited for interviews during the spring semester and a new dean would be in office by August 1. However, by February, 1985 the search was moving slower than planned, and the Committee had no definitecandidates. Interviews eventually began in late spring, but theeffort proved futile, and when Headrick's resignation took effect no one had been found to take his place. With the failure of the Committee to find a dean by the beginning of the 1985-86 school year. Associate Dean and Law Professor John Henry Schlegel agreed to assume what he called the "caretaker" role of Acting Dean (see The Opinion, Vol. 26, No. 2; Sept. 23, 1985). The dean search was consequently reopened, and Provost Greiner assured the Law continued onpage 7 Inside ... Parking Protest The Boy Mechanic Comics The Monkees . .... Miss Social Procedure 2 4 5 5 6 �Students Occupy Lot to Protest Parking Policy by Susan Clerc The 1986-87 Protest Season opened on September 17 when 200 UB students staged a twopart demonstration against the University's new parking policy that sets aside six of the lots near the Spine for the exclusive use of faculty and staff. From 7-10 a.m., the protesters occupied lot P6C in front of Hochstetter Hall, forming picket lines at all three entrances and requesting would-be parkers to find other lots. At 10 a.m., the picketers marched to Founder's Plaza for a rally that lasted for the rest of the day. As a large crowd of sympathetic students gathered, the picketers circulated petitions and started a letter-writing campaign aimed at the SUNY Board of Trustees. From the start, it was clear that most of theprotesters were having a tough time taking the issue too seriously. A camp attitude was apparent in thecloak and dagger planning of the protest; only the organizing groups knew about the "reclamation" of lot P6C and false trails were gleefully laid about a press conference in Capen Hall to prevent the administration from foiling the plot before it began. As a result of the "for your eyes only" approach, turn-out was lighter than it would have been ifthe rally hadbeenannounced. (Most of the picketers belonged to SA, GSA, Poder, and theLaw School.) Picket signs bearing* slogans "We Shall Not Be Moved," "To Park or Not to Park," and even "Capitalism Stinks," indicated the flippancy with which most protesters greeted the idea of protesting for parking. But something kept students at thelot in spite of their apparent lack of commitment to the cause; whole-hearted resentment ofPresident Steven Sample and Vice President Edwin Doty. One picketer said that "their policy seems to be to make life as difficult as possible" for more officers arrived, they positioned themselves near the groups of picketers but avoided interaction with them.As traffic increased and spaces in other lots became scarce, Public Safety began directing traffic and telling increasingly desperate faculty and staff to park-at Ellicott and take a shuttle bus. This proved unpopular with driversand the officers suffered a lot of verbal abuse. Some picketers interpreted the deflection of cars as support for the protest but it was meant to prevent confrontations between students and faculty/staff, and students. Another speculated that "Sample and his legion of VPs lay awake at night thinking up new ways to shaft the student body." The parking problem was seen by most as symptomatic of the ad-. ministration's hostility to students, and a protest as the only way of getting through to ad- Section I Reunion, Killer car. The un-parked masses. Public Safety on patrol. 2 The Opinion October 1,1986 ministrators. Passing drivers honked in support of the protestors and most faculty and staff whotried to get into the lot honored the picket line. Support was not unanimous, however, and there were a fewfingers among the raised thumbs. The first driver across the line was rumored to work on the sth floor of O'Brian, but identification was hampered by the fact that her face was contorted into a most unattractive mask as she screamed obscenities from behind her closed window. One desperate parker tried to take several protesters with him as he barreledinto the entrance on Augspurger Road: The Case of theKiller Car provided valuable insight into the vagaries of eyewitnesses and the role of Public Safety at student gatherings. Students at the entrance claimed the car hit some people, injuring them slightly, and that others managed to jump out of the way just in time. One protester jumped onto the hood to avoid being hit, another jumped onto get the driver to stop, but to no avail. The car sped across the empty lot pursued by angry students. The driver and passengers fled into a building before the picketers at the upper end of the lot could get to them. Public Safety did nothing to stop the driver. Students claiming injury were told to file complaints at Bissell Hall. Associate Director of Public Safety John Grela, on the scene "to protect property," asserted that "no one was near the car when it pulled in, they jumped on after." Assistant Director Jack Eggert offered the opinion that "you have to expect this kind of thing" if students hold a demonstration. (Eggert also said, when asked what Public Safety was planning to do about the protest, "we're waiting for a decision from the administration on whether to leave the children here or move them out.") Uniformed Public Safety officers, on the other hand, were admirably neutral in word and deed. Although the first officer to spot the protest issued the mandatory arrest warning, he was exceedingly polite. As Armed escort. Verdolinq Center Stage (as usual). Law students on parade. And no* it's Miller Time. to keep traffic moving in keeping with Public Safety's goal of "maintaining order, preventing damage to property and personal injury." At the end of the protest, only 14 cars were in the 400 space lot. After the triumph of the picket, the rally at Founders' Plaza was an anticlimaxfor most protesters. The "highlight" of the rally was when SA President Paul Verdolino's ringing declaration, "you can take the shirt off my back but give the students back their parking," sent most of his audience into dry continued onpage 7 �DON'T GET LOST IN THE SHUFFLE FOLLOW THE LEADER x With you every step of the way COMPLETE BAR REVIEW SERVICE IN THE FOLLOWING STATES: Alabama California Florida Hawaii Massachusetts Minnesota New Jersey New York Nevada Pennsylvania Michigan CONTACT YOUR JOSEPHSON/KLUWER CAMPUS REPRESENTATIVE OR JOSEPHSONtf MillWEB LEGAL EDUCATIONAL CENTERS, INC. 10 East 21 st Street 1206-7 New York, NY 10010 (212) 505-2060 or (800) 253-3456 outside NY f^ ©1986, Josephson/Kluwer Legal Educational Centers, October 1,1986 Inc.. The Opinion 3 �Miss Social Procedure ©PINION Ma STAT* UNIVERSITY OF NET YORK ATBUFFALOSCHOOL CF UW October 1, 1986 Volume, 27, No. 3 Editor-in-Chief: Paul W.Kullman Managing Editor: Krista Hughes NewsEditors: IdelleAbrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: Melinda K. Schneider Staff Photographer/ Photo Editor: Paul Hammond Layout Editor: Susan Clerc Production Editor: Wendy Ciesla Contributing Editor: Amy Sullivan Contributors: Michael Kilcoyne, Lisa Strain, John Bonazzi. <• Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published everytwo weeks during the academic year.It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in thispeper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Compositionand Design: Words and Graphics, Inc. Editorial Now Playing: Dean Search II Superman 11, Halloween 11, The Sting 11, In this never-ending era of sequels, yet another this one within the is currently being scripted labyrinthine studios ofthe University of Buffalo Productions. Call it Dean Search II: The Quest for a — Captain. Unlike other sequels, this one is based more on fact than fiction, although you wouldn't necessarily know it. And, unlike other sequels, this one is not being produced to further milk the merits of a former box office smash. Dean Search I was more a hoax than a happena hoax that made the Cardiff Giant look small ing by comparison. Hopefully, Dean Search II will not only be a full length feature, but a sequel that will provide the ever elusive answer to that tiresome, often asked question: Who will captain the S.S. Buffalo Model when Dean Wade Newhouse steps down from the bridge two years from now? For those unfamiliar with Dean Search I, our story goes like this: In September 1984, then-Dean Thomas Headrick announced his resignation from active duty effective the following spring. A Dean Search Committee was eventually assembled and finally met during December 1984. However, the Committee did not start interviewing candidates until late April / early May 1985, right before the end of the spring semester. Four candidates were interviewed in all; none were invited back. With the dawn ofthe 1985-86 school year and no one to occupy the deanship, John Henry "Caretaker" Schlegel was summoned to the bridge, where he remained for the rest ofthe school year. The ever-able Dean Search Committee, moving at negative warp speed, managed to produce three more candidates that year, two of whom later withdrew from the running. The remaining candidate, Louise Trubek, from the University of Wisconsin School of Law, was invited back for a second interview and was apparently headed for the bridge when she unexpectedly withdrew. Allegations later surfaced that she was "counseled" to do so. At present, the ship's log reads something like this: Stardate 1986 Two years and severi candidates later and still no permanent dean. Meanwhile, other law schools like the University of Santa Clara were interviewing 91 candidates during the course of one year and successfully filling a deanship vacancy. The cast of Dean Search II is nearly complete, and likewise, the scripting. Let's hope the producers and crew provide an answer this time around. Bad sequels are bad enough at the theater. We don't need one at the Law School. — — If Addressing Prof, Grovel Dear Ms. Social Procedure, What is the proper form when addressing a faculty member? Gentle Reader: Following the model of the ever-tasteful British.royal family, the first reference must be "Professor" followed in subsequent references by "Sir" or "Ma'am." Since this is America, exercise particular care in pronouncing "Ma'am" with an "A" sound rather than lapsing into the British "Mum" which will endear you to no one. While a proper oral approach is certainly a concern, one's physical demeanor is of the utmost importance. Body language tells all. You must carefully consider your purpose in approaching a faculty member and examine your options. The first reason is generally reserved 'for podium rats who crowd the front of a room after a lecture. The message they wish to impart, for reasons that their therapists can deal with, is that they hold the lecturer in high esteem. The science fiction approach is often effective as well as appropriate given the illusory atmosphere of O'Brian Hall. It can encompass the individual's most bizarre creative urges: sudden lunges to either side, mea cu/pa-ish chest poundings, varied bowings and scrapings, after all, do they know The Opinion October 1,1986 . how it's done in the Andromeda Galaxy? Cedcic Hampton in Nancy Mitford'sLove in a ColdClimate illustrated the importance of knees in encounters between individuals of differing status. Cedric approached Lord and Lady Montdore, fell to one knee in a protracted genuflection, ex- tended both arms forward and bowed his head. Unfortunately, Cedric's rhinestone sunglasses occluded what was surely an adoring expression in his eyes. The second, and probably most important reason to converse with faculty is my personal favorite infinitive: to beg. Say, only for the sake of example, that you have earned a D + in a course and must have a Q to graduate. I repeat that you have earned a D + You are without argument," without class participation, . perhaps even without attendance. As Audrey at CDO would tell you, turn a liability into an asset. Demonstrate that you can do something well and make it begging's finest hour. Beginning in thebasement, climb the stairs to the appropriate floor on your knees. Take every opportunity to gouge and scrape the skin away producing a river of blood guaranteed to attract publicity. In a chanting monotone, as you wend your way upward, re- peat as often as necessary: "I shudder in your presence, I am but a stepped on fig, a leggy water bug, the oldest oftorn un- derwear. You whoemergefrom the open lotus, you who maketh the Nile flood, you who protects me from unwanted pregnancy, hear my plea." Carefully adjusting a "haven't eaten in three days" sign around your neck, enter the faculty member's office for an Oscar-winning performance. Remember that in theory everyone hates to witness human self-abasement; in reality everyone loves it. Returning to the subtleties of verbal address and at the peril of appearing to endorse unthinkable behavior, which should remain unmentionable, the intricasies of faculty/student liaisons present delicate etiquette issues which I will undertake for those who attend less tasteful institutions. Every person involved in an intimate relationship reserves theright to call his/her partner by his/her first name. Imagine the absurdity of asking "Professor X" to pass your champagne from the other night table! (Except in a whimsical moment.) Still... there is something piquant about hearing "Sir! Sir! OH SIR!" or "May I submit your name to the Guinness Book of Records, Ma'am?" Paid Parking Plan Proposed by John Bonazzi Let's make that three certainties in life: death, taxes, and an Amherst Parking ticket. For those of you who have come to rank this University's appalling parking situation way up there with torture, exams, and reading Bill Rehnquist's deeds, I wish to offer the following proposal in order to bring about a solution to this stupidity. It has become clear the folks in Albany aren't going to reach into the ol' coffers and dig out the money for the real solution to this mess more parking spaces. The reason is clear: they don't have to park here. Discounting such miracles, we must look to other means. I presented my proposal at the ill-attended Election Forum two weeks ago. Since that time, it has been modified several times: the result is a plan that makes sense.' I propose that a parking plan be instituted which will provide for a maintenance/construction fund. This fund will obviate the need to continually request money from Albany that they continually will not provide. This would involve the University selling parking decals which would allow parking on designated lots only. The University would also begin issuing their own tickets, and collecting the resulting fines. With both of these new sources of revenue, the University could then finance their own parking lot construction program. However, it is clear that more — parking spaces will not appear overnight. In order to effectively diffuse the current crisis and this is a crisis more students need to be encouraged to park in areas of the University where there are ample parking — — spaces. To this end, the semes- ter decal fee would be reduced 4 by Fiona Smythe-Horch as the distance to the Spine increases. For example, lots adjacent to Augspurger would be priced at $25 per semester, the "overflow" lots (Why do they call theseoverflow lots?) would be priced at $15, and lots at Ellicott would be free. Such a plan would lessen the crunch at Spine lots by providing a financial incentive to park where there currently are spaces. It also would not economically discriminate against the poor, as it would still allow them to park free on campus. A few minor details. Faculty (not staff) members would be allowed to park free on convenient lots, as it is in SUNYAB's interest to attract quality professors something extending theplan to faculty would inhibit. When acquiring parking decals, a student's address would be checked to see if it lies in an area that is accessible to the University by other transportation. These students, along with freshmen, would not be allowed to park on campus. If any of this seems especially radical to you, considerthat this — is standard at many other universities. Ah, allow me to anticipate my hate mail. "We are not rich," you shout. Ofcourse you're not, neither am I. We're law students. But I am willing to trade a nominal amount each semester for a sane parking situation. "I don't have the money," you protest. Well, then park at Ellicott. "But that's not fair," you shriek. Dan (me unqualified?) Manion and Billy (constitutional rights are unconstitutional!) Rehnquist have now been confirmed. Who ever said life's fair? "But we shouldn't have to pay," you scream. "Be realistic," I retort "It's this or parking misery for the rest of your SUNY days." While this plan will not be acceptable to everybody and no plan will be acceptable to everybody it's an idea that provides for both a short-term and long-term solution to the parking mess. Judging from the lack of ideas coming from Capen Hall, that's got to mean — — — something. continued onpage 5 Rice Says "Thanks" Greetings: I'm happy that my fellow first year colleagues have confidence in my ability to represent our class. My SBA office hours will be posted on the door of room 101. Stop by, say hello; let me meet the people who put me in office. Keep the faith. The first year class fall break is almost here. Peace, Shelley Rene Rice The Opinion letter to editor policy Opinion The encourages letters to the editor. They should not exceed 300 words. All letters must be signed with name and address. The name can be omittedfrom publication if there is substantial reason to believe the author would be subject to retaliation. The address can be omitted from publication at the request of the writer, but a general locality will be published. No malicious or libelous statements will be published. The editor reserves the right to e<|it letters and accept or reject them on the basis of content or space. �The Boy Mechanic .. by Kevin O'Shaughnessy Why Would Anyone Want Verdolino's Shirt?? "... it was justlike the Sixties at the University of Buffalo today." statement made by a local TV news clone as a lead-in to a televised report of the parking — protest. . .. Are the TV people here yet? And the print media? How about the signs and posters? Is everybody looking oppressed and alienated? Good, lets start "protesting" Wait! Somebody forgot to plug in the Big Chill Soundtrack Last week, the students came together, got organized, and let their collective voice be heard: We want our parking lots back! The process was something to behold. The student politicians were first to cash in on the media fest. SA President Paul Verdolino was positively hammy when he cried, "You can have the shirt off my back, but give the students back their parking." I was nearly moved to tears. Here was a man fighting . . for Truth, Justice, and a line on his resume How about, "Give me parking or give me Fifty death four more spaces or fight... Tippecanoe and parking too Television is perfect for empty, jingoistic slogans. Why would anyone want Verdolino's shirt? emblematicof all other campus problems: no student union, financial aid cuts, the shortage journalists The student jumped on the band wagon. The student newspapers de- voted major portions of their is- .sues to the parking problem and the "protest." They're learning theircraft. They helped to hype a problem into a spectacle. I was expecting to see a headline declaring, "PARKING PROBLEMS LINKED TO CRACK AND AID" (I have always felt the University needed a student supermarket tabloid ...) Some students tried to elevate the parking problem and the subsequent protest to symbolic status. They contended the parking situation was ■ ofon-campus videogames, the lack of a robust house wine in the Tiffin Room The parking protest would spark the administration into solving all of the University's problems. It's a dominotheory of protest and it doesn't work. There is a fine line between protesting and whining. The local TV news clone didn't know the difference. Our sixties counterparts would vomit at the thought of students expending so much timeand energy on a selfish, trivial problem (as compared to world peace, the draft, or freedom of speech) and calling it "protesting." Other students contended that, at the very least, the "protest" was a good learning experience. Students learned how to: hype an event, enhance one's own political career, and turn alienation into an empty spectacle. Truly, valuable lessons that we should try to learn and use in our daily lives. The University administration is always easy to attack. The decision to convert the student lot into a faculty lot was a poor one. The only remedy proposed by the media hounds, was the return of the lot to the students. That's leadership. Why not propose a list of alternatives to the administration. How about car pooling (perhaps withfinancial incentives to regular car poolers)? I realize this goes "against" the American tradition of one person, one car, but these are dark times. How about parking at Main Street and taking the shuttle bus to Amherst? I took the shuttle bus round trip, just so I could make this recommendation with a clean conscience. And so I could reassure those law studentsthat are mortally afraid of associating with undergraudates that some of them are intelligent, .courteous, and house broken. On the days I didn't park at Main Street, I rode my bicycle to school. This is a seasonal solution so enjoy it while you can. It's great exercise, there are safe bicycle routes to the campus, and when you get to school you don't need to pump caffeine into your body to stay awake during class. You can always get to school real early every day. Or arrive at 9:30 a.m. and spend the next several hours (and the next several gallons of gas) cruising the campus aimlessly while cursing the administrative drone that got you intothis mess. But the solution is up to you. The TV people have left. The newspapers are looking for fresh controversies to exploit. The politicians have made their splash. Unplug the Big Chill Soundtrack, put away your signs and posters, and start thinking. Legislature Approves Environmental Bond Act by Lisa Strain President, Environmental Law Society The 1986 Environmental Quality Bond Act is an imporcomprehensive plan tant, which represents a major step toward addressing some of NewYork State's most pressing environmental problems. The Bond Act was approved by the state legislature and Governor Cuomo this summer and now awaits approval by the New York State voters on Election Day in November. The Act is a $1.45 billion dollarprogram with three major components. It allocates $1.2 billion for the cleanup of hazardous waste sites located throughout the state; $250 million for land ac- quisition, municipal and urban parks and historic preservation; and it provides for the imposition of industry fees equal to one-half of the debt service incurred through sale of the bonds. There are presently 500 toxic waste sites in New York which have been identified as those most needing remediation by the Department ofEnvironmental Conservation, although more sites are constantly being discovered. The. average cleanup cost is $6 $10 million per site. The revenue provided by the previous State Superfund program was estimated to stretch the time period of cleanup to 40 years. With the additional fundsfrom the Bond - Act, itis estimatedthatthis time could be shortened to 13 years. Funds from the BondAct wou Id also be used to clean up "orphan" sites for which no responsible party has been identified. Out of the $1.2 billion allocated for toxic cleanup in the Bond Act, $100 million would beavailable to municipalities to aid the closure of non-hazardous, waste landfillswhich are no eluding land and conservation easements in the Adirondack and Catskill parks, and the acquisition of environmentally sensitive lands such as aquifer recharge areas, pine barrens, wetlands and wildlife habitats. Part of the $250 million component of the Act would be longer operable. Upon repayment of these loans, the $100 used to assist municipalities in developing and improving urban and municipal parks, and historic preservation projects, for which the state would provide up to 50 percent of the million would be used for toxic costs. site cleanup. The Bond Act also allocates $250 million for land acquisition and improvement. Part of thiswould be used for state acquisition offorest preserves, in- The Bond Act provides for an equal sharing of the debt service incurred by the bonds between the state and those industries which produce, man- ufacture or use materials that cause hazardous waste. These fees include regulatory and waste end fees, and oil transfer surcharges. New York has passed significant Environmental Bond Acts in the past, notably-the 1965 $1 billion Pure Waters Bond Act and the 1972 Bond Act which provided $1.15 billion for air pollution, solid i waste, and water quality programs and land acquisition. The 1986 Environmental Quality Bond Act is a necessary plan for making a large improvement for the future of NewYork State's environment. It will take the support of concerned voters in November to make this plan a reality. COMICS NYHESC Aid Available Nearly $2 billion in federal and state aid is available to eligible New York State students for the 1986-87 school year, according to recent calculations made by the New York State Higher Education Services Corporation (HESC). In announcing the aid level HESC President, Dr. Dolores E. Cross, urged current and prospective students to submit aid applications to college financial aid offices as soon as possible. "Students who haven't yet done so should begin exploring aid opportunities and planning their student budgets," said Dr. Cross. The bulk of the $2 billion in student aid will be in the form of guaranteed student loans. HESC projects a loan volume of $950 million.Five hundred and fifty million dollars will also be available in the form of Pell Grants and other Title IV funding. Included in the $550 million is a $146 million supplemental appropriations for the Pell Grant program recently approved by Congress. Another $460 million is available through the state's grant and scholarship programs, a figure which reflects a recent $46 mil- lion increase for the TAP program. "The Pell Grant Supplemental appropriation means more students will be eligible for federal aid," said Dr. Cross. "Students should also know that Congress has voted to keep the maximum Pell award at $2,100, thereby improving access to higher education to an even greater extent." Parking Plan continued from page 4 -■ While I'm on the subject, let me advocate for more parking for our handicapped students as well: Currently, some handicapped students have their own reserved handicapped parking slots, while others have none. This is contrary to state law. Spaces directly outside O'Brian Hall should be reserved for wheelchair students, and general parking spaces for the nonhandicapped wheelchaired should be established. Their important needs must come before our own selfish desire to shorten our daily walk. Also, spaces now reserved for ser- vice vehicles outside O'Brian and Park Halls should be given to the handicapped. The University must begin to demonstrate a firm commitmentto our handicapped colleagues. In closing, I ask that you mull over this proposal and then do something. It is essential that protests continue, as they attract media and Albany's attention. Hopefully, you will — — show more concern than you did during the recent class elections. Remember, apathy and a failure to demand resolution will lead to no resolution. Get involved! October 1.1986 TheOpinion 5 �Locker Room 1389 Delaware Avenue Buffalo, NY Centre House Tavern 1880 North Forest Road Williamsville, NY by Kevin O'Shaughnessy Soon after I turned eighteen, I went to the Locker Room Bar and Athletic Club (hereafter LRAC). Since then the place has remained special to me. The bar was always dark and cavernous. by Dana Young What is the Centre House Tavern? It is one of the few bars close to this campus which poses a challenge to the "ChiChi's" and "Bennigans" genre. Located on the "hairpin" curve of North Forest Road (off of Millersport on the back side of campus), it is a perfect place to drop by for lunch, go after class for a beer, or hang out with some friends on the patio for dinner. While the Centre House looks pretty nondescript on the outside, it maintains a unique inner character. A small room of tables couched around a large fireplace greets you at the door. This is especially nice during the cold weather; somehowthe atmosphere which a bristling fire can create in the winter justifiesthose sub-human temperatures. Well, almost. The bar itself takes up most of the room to the left, which is elevated several steps above the "fireplace" room. It is a typical long wooden bar, the kind you can slide beers down from one end to the other. None of the trendy circular and modular stuff. For those who like to watch people dribble over their food, their is also a small bar looking down on the fireplace room. Beyond the bar is the patio. There is nothing particularly unique about this patio. There are round tables with umbrellas on top and a tall wooden fence surrounds the area. The parking lot is behind the patio in order that you may enjoy the sounds of gravel spraying out from under the tires of not so discreet patrons. Among the specials which the Centre House touts is 10 cent wing night on Mondays. For anyone not familiar with Buffalo, chicken wings and 10 cent wing nights are both ven- erable traditions. I took it upon myself to do a taste test on the wings here and found them above average. They were meaty and had a good taste. The medium wings were not that spicy, however, so for those who enjoy self-torture, order the hot. I was particularly pleased to find that the last wing in the basket was edible, rather than waterlogged in a puddle of orange grease." Other specials include a daily cocktail hour from 11 a.m. until 7 p.m. (this should please the alcoholics in the crowd) featuring 60 cent draft beers and $1.00 mixed drinks. Tuesday is all-you-can-eat spaghetti night for $2.99 and Thursday is oldies night where again drafts are 60 cents all night and mixed drinks are $1.00. Friday features a fish fry, which I again taste-tested and found to be quite acceptable. In addition to the specials on wings, spaghetti, etc., there is "It is a refreshing feeling to walk into a bar which doesn't drip with hanging shrubs, peppermint patty wallpaper and costumed waiters. " a basic menu with basic appetizers and finger foods (potato skins, chicken fingers, soup), and a basic selection of sandwiches, burgers and seafood (all ranging from $2.50 to $5.00). The Centre House also serves your basic beers, draft and bottled. The only import they carry is Labatts, which is also pretty much basic in most bars in Buffalo. AnotherBuffalo basic is the big screen TV. The mint patty wallpaper and costumed waiters. While I would not recommend it for a wild Friday night, it is a definite place to "harig out" (there aren't many of those near campus.) So, those who like to "hang out", definitely try the Centre House Tavern. BAR REVIEW It had three or four separate bar "areas" (that allowed you to hide from people you didn't want to deal with unless you were too drunk to care) and a big dining room in the back. Gym lockers lined most of the walls. Every Tuesday and Thursday night Labatts Blue were two for a dollar. This was a place where a person could wear a T-shirt and jeans and just relax (or go nuts). My father worked near the LRAC and stopped there for lunch (good roast beef) or happy hour; leaving just before the "anklebiters" (a.k.a. college kids) started showing up for evening session of drinking. Consequently, he was friends with the owner and most of its employees (reminiscent of "Norm" on "Cheers"). The owner of theLRAC was a wonmysterious derfully man named Goodlander. Mγ father would entertain us at dinner by telling "Goodlander" stories. Goodlander's escapades usually involved strange travels, incredible spending sprees, or bizarre entrepreneurial schemes. I got to meet Goodlander one night when he was filling in for a sick bartender (or just guest bartending ... I'm not sure). The LRAC was crawling with customers and craziness, but he took the time to buy a few drinks and tell a few stories about my Dad, thebar, and himself. Goodlander was a great bar owner. Goodlander sold the LRAC several years ago (to become the captain of a charter boat... but no one is really sure), and the bar was remodeled. The walls are now paneled with clean, varnished wood. Only a few token gym lockers remain. The bar is now one big room. You can't hide from anyone you don't want to see, they have installed purple neon lights. The place looks like a yuppified fire ha11... Every Tuesday and Thursday Labatts Blue are two for $1.75. The best part of the new "improved" LRAC is the outdoor patio bar. There's nothing better than drinking outside, under the stars Some' may disagree but these types usually wear makeup to go camping or bring blow driers to the beach. Sadly, the weather is turning colder so the patio nights are going to fade away like our . "... they have installed purple neon lights. The place looks like a yuppified fire hall. .. tans. The patio will probably close in October and reopen in May. The night time crowd is college age or slightly older. It's not T-shirts and jeans anymore. White suits and skirts (Sonny and the Crocketts) hang out under the newly installed purple neon lights (where the old gym lockers used to be). The purple neon turns the white into lavander, creating an instant . J.A.P. look. There's a dance floor now and people really dance. Prior to the remodeling, people would just rhythmically stagger. Mostof theold bartenders and doormen are gone now (they left when the lockers were removed ...), but the service is still very good. The old LRAC had character, history and a peculiar smell (the last of which is not really missed). The new LRAC is tailored for the, pre-hard core yuppie crowd. It's still a good place to drink on Tuesdays and Thursdays but it used to be Centre House has one for those who like to hang our in bars and watch football, baseball, or stare at voiceless faces. Thus, the Centre House ends up being your basic kind of bar and restaurant. But in this case that is what makes it so unique. It is a refreshing feeling to walk into a bar which doesn't drip with hanging shrubs, pepper- better. "Monkees and Hermits: A Groovy Time" by Susan Clerc When I was 7 years old, my best friend, Peggy Dougher said to me 7 words I will always remember, "let's play the Monkees, I'll be Mike." (Shrewd girl was Peg.) She was 10 and, along with another friend, Beth, just the right age to catch Monkeemania. It didn't get me until the show was rerun on Saturdays. Into Peg's brother's room we would sneak to use his record player, and belt out those classic tunes "I'm a Believer," "Steppin'Stone," "LastTrainto Clarksville," on improvised instruments. The drums were a stuffed footstool. We even made up adventures as loosely structured as the plots of the show. I tell you all this so you will understand why I shelled out $17 to sit in the Aud last Wednesday night with a bunch of other adolescents. The Monkees were in town. Not all of them, of course; the filthily rich Mike Nesmith re- fused to join the reunion. (Coincidentally, I havelosttouchwith Peggy.) But Davy Jones, Peter Tork, and Mickey Dolenz put on a good show without him. Also on the bill were Herman's Hermits, Gary Puckett, and Rob Grill of the Grass Roots. It was like a convention of amputees; the Monkees were Mikeless, Puckett was Gapless, Grill was Rootless, and the Hermits had a new Herman. And the odd thing was, no one really cared. It wasn't so-much a concert as a mass sing-along, Mitch Miller run amok, and the presence of any of the original members of the bands was just an enhancement. The Hermits opened the show, encouraging the audience, who needed no encouragement, to clap and sing the chorus. Hell, we were doing the verses and the background. Peter Noone replacement Garth Elliot must have listened to records in his sleep because he did an uncannily accurate imita- Page six The Opinion October 1,1986 tion right down to the "nuf" in "she's made itcleare-nuf itain't no use to pine." The set passed much too quickly and covered the best known of the groups songs: "Mrs. Brown You've Got a Lovely Daughter," "I'm into Something Good," "Can't You Hear My Heartbeat," and many, many more, including thetimeless "Henry VIII." (This and "Sweetpea," by God knows who, were my favorite songs when I was about 4.1 remember standing on the back seat of the family car and singing to the radio on a trip to Rochester.) Naturally, I spelled H-E-N-R-Y with gusto at the Aud. He sang Enery, we sang Enery, he sang No Sam, we sang No Sam. I wish they'd played until the Monkees turn. But Gary Puckett came out instead. In fairness to Gary, he was very popular with the crowd. I, however, consider him the Tom Jones of the preteen set. He sang the statutory rape — adultery trilogy "Young Girl," "This Girl is a Woman Now," and "Woman, Woman," as well as "Lady Willpower." I have long held that it's all one song with slightly different right, even if he didn't. Finally, there were the Mon- _ continued on page 7 • PROFESSIONAL TYPESETTING R With Puckett came the backOFFSET rup group, including 5 guys with t PRINTING horns and those kind of white SERVICE O *• FAST COMPETITIVE pants and blue short-sleeve PRICING M shirts that were so popular with MANY ** 60's groups. They stayed M DIFFERENT through the rest of the show, TYPESTYLES & playing for Rob Grill and the PAPERS Monkees, too. When they first •RESUME SAMPLES came on, [asked a friend if they S AVAILABLE were the Union Gap. "I don't know," she replied, "they look like Dave Clark and the Tijuana WE ARE RESUME PRINTINO SPECIALISTS! Five." CALL US OH VISIT US FOB A Next out was Rob Grill, lead QUOTATION TODAY! singer of the Grass Roots. More than one person near me grew irritated with Grill for altering 3171 Main Street the timing of such hits as Buffalo, NY*" "Temptation Eyes," "Sooner or Later," and "Midnight Confes1676 Nia. Falls Blvd. sions." I agreed, but admired InTm I Cvc'Cc (across tmm K-Mtrt) Tonawanda, NY his nerve in bucking the tide of lrlrv|s3p) audience voices. We sang it lyrics. • _' |j3|||tf\ • �Dean Search L. Rev. Names New Associates Offers to join the Buffalo Law Review as associates for 1986-87 have been extended to the following individuals: Idelle Abrams Michael C. Banks Brad Bobertz Richard C. Bulman, Jr. Rosanna DiMillo-Sandell Helen A. Drew James D. Eiss Karen M. Elinski Joseph Ferraro Ronald Francis Terrence Gilbride Mike Gutierrez Mary Jo Herrscher John S. Hilbert James L Jarvis, Jr. Edward J. Jozwiak 111 James P. Kennedy, Jr. Barbara A. Kilbridge Thomas F. Knab John Mulholland Barbara Nectow James Quinn Randolph E. Sarnacki Susan Schoepperle David Sleight James M. Tierney Harry E. Werner Richard Wong Michael F. Zendan II /\V/\ / 1 lr\/\ ( >V J( / J \j J I I I \ the deanship in late March. Unfortunately, the Committee was thus left with no other viable candidates, and was disbanded. The beginning of this latest chapter in the Dean Search Saga represents the awareness of the University's administration that a Law School must not be left withoutsolid administra- tive leadership in theform of a permanent, full-time dean. Wade Newhouse is attempting to inject some stability into the administration as the latest temporary interim dean, but he has only agreed to this arrangement for two years. Perhaps Thomas Headrick's replacement will be found before Newhouse's term is over. continued from page 2 heaves. In one fell swoop with his T-shirt, Verdolino destroyed what credibility the protesters had managed to build by holding theparking lot. Underother circumstances, he would merely have insulted his audience, but because the speech was carefully timed to coincide with TV noon news broadcasts, Verdolino's antics were exposed to all of Western New York. Other speakers at the rally Claude Welch, chairman of the Faculty Senate; Izzy DeJesus, student representative on the University Council; and Adam Bader, a SASU dele- — Monkees gate, managed to keep a grip on reality as they addressed the multitude. DeJesus was particularly entertaining as he encouraged students to chant "this is our world," as he added lines calling President Sample "just a squirrel trying to get a The only action taken by nonstudents has been the appointment by the Faculty Senate of a Task Force to investigate the parking problem. More protests are likely to occur throughout the semester if restricted lots are kept. nut." continued from page 6 kees, looking older but sounding the same (even, alas, Peter). Davy still plays a mean tarnborine, and seemed more reserved than the other two, but so would Shelley Winters they were exuberant. Girls still swoon when he smgs "Day- — dream Believer." Mickey mugged it up more than ever, wringing every ounce of melodrama out of "She," and doing his Jimmy Cagney. He stopped the show with his amazing routine during "Goin' Down." I was sure he'd hurt himself. Peter was the big surprise. When I was a kid, no one wanted to be Peter. Wednesday, he stolethe show. "Auntie Griselda" brought down the house. And who'd have thought quiet, sweet innocent Peter could move like that! (Mickey was less a surprise though no less a delight. My glasses kept fogging up.) On the show, they were all such Lv ■ /An I V \i : was invited back for a second interview. Mrs. Trubeck was the only one of a total of seven candidates whomade it to this second step of the interviewing procedure. The faculty were generally optimistic about Trubeck's candidacy, and it came as rather a shock when she suddenly withdrew her name from consideration for Parking Protest The casenote competition for transfer students was held during thefirst week of classes. The casenotes of these individuals are currently being reviewed and any offersextended to these individuals will be published in the next issueof The Opinion. Paul J. Wessel Editor-in-Chief Keith A. Fabi Executive Editor Thomas L. Jipping HeadNote & Comment Editor f\\\ continued frompage I School that a permanent dean would be in office by September, 1986. Over the course of the school year three candidates were interviewed, and by February, 1986 it appeared the Greiner's prediction might actually come to pass. The most promising and enthusiastic candidate, Louise Trubeck of the University of Wisconsin, eunuchs, in spite of the long line of short blond girls for Davy, that it was a shock to see that they're men. NEED RESUMES IN A HURRY? They did the monkey, they did the walk, they did a conga line, they sang the old songs, and then they were gone, much too soon. Two day service in most cases! About 5 minutes from Amherst Campus There were plenty of things to quibble with: the canned intro featuring the voices oflate actor Herschel Bernardi, the planned encore, Rob Grill's patronizing patter, and the fact that three of the four acts had the same back-up group. There (off SweetHomeRd. between No. French & Tonawanda Creek Rd.) was also the sadness that inevitably accompanies nostalgia. The absence of Mike Nesmith, especially, led to uncomfortable thoughts about why the others don't have something better to do. On the other hand, it's good to remember, and memories are what it was all about. And it was such a good time! ACCU-TYPEsetting, Inc. 47 Christine Drive • Tn. Amherst, NY 14120 (71 C\ £.01 7JOrt Quality • Dependability I • Fast Service • Moderate Prices •••••••••••••••••••••••••••••• NOTICE: John Pieper will be visiting the Law School on Wednesday, October 8 at 12:00 noon in the first floor lounge. A RES IPSA LOQUITUR The Vieper $(ezu yor£State - Multistate Bar Review offers an "We emphasize <Bar integratedapproach to the 9{e%u r r-rr r i sophisticated memory techniques, essay uniting slqlls and a concise, organizedpresentation of the (aiv. you ivitlbe prepared and confident. • r PIEPER NEW YORK - MULTISTATE BAR REVIEW It 50 Jlwwif, Speafo For Itsetf. Mineota, <Hy 11501 <Tdcpfione: (516) 747-4311 MARIA LOTEMPIO DORIS CARBONELL JUDITH KUBINIEC AMY MURPHY MARK POLLARD IKj X^ l\l^ IJp /\V l?\ /V\ I\) xTj^ PIEPER REPS BRIAN BORNSTEIN Mv \ JOHN ROWLEY DONNA SIWEK AMY SULLIVAN EARLY REGISTRATION DISCOUNT TO DECEMBER 1, 1986 I / October 1,1986 The Opinion 7 �ijil BAR / BRI . Si you I§| course IS THE by. swear iii at. not H BAR REVIEW The Nation's Largest and Most Personalized Bar Review. 415 Seventh Avenue, Suite 62 New York, N.Y. 1001 (212) 594-3696 (201) 623-3363 • Head Rep: H. TODD BULLARD " 3rd. Yr. Head Rep. KEVIN COMSTOCK Bernetta Bourcy Buckley Karen Robin Chekla Mary Comerford /-J / J / \~))\\] J M JV m m : = >;;r^i;:;;^:;i^:^:;r;i;i;i;i2-i:;: i i-i-r-s"t~t-i-i£i;t;E;E;:;i£i;^ts>:i-;-5-E-z Sw:w:w:?: : ::::: : i-;;:;;;:;!;:;:;:;!;:;:;;;:;;;:;:;:::;:;:;;;*;::!;::::;:;;::;;;:;;;;;:;;;:;:;;;;;:; :?:fe: i:K : : i: i: S:K& 8 The Opinion October 1, 1986 Nancy Decarlo Keith Fabi Tammy Gordon Paul Karp Katie Keib Jay Kennigsberg Alicia Lacappruccia J aY Lippman Dave Platt Rick Resnick . Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg Jennifer Sanders Joel Schecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi Sam Spiritos — 2nd. Yr. Head Rep. BARRY STOPPLER Cora Alsante* Steve Balmer* Shari Berlowitz Mike Biehler** Mary Casey Melanie Collins Gail Ellington** Susan Gass** Susan Gigacz Lois Liberman Bonnie Mettica *please contact these people to inquire about their status ••associate reps Bob Mcßride** Ramon Perez Josh B. Rosenblum Nancy Steiger Barry Stopler Lisa Strain Jim Teirney John J. Williams Dana Young � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-10-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4aaa8e62914fe47731fe4638ea565222.pdf 2c9b038699bdf4be019fb5b8284d9f2f PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOLOF LAW Volume 27, No. 2 September 17,1986 More Seniors, Fewer Faculty Cause Registration Woes by Idelle Abrams Few juniors and seniors have managed to escape thefall reg- istration process thisyear with- out any battle scars. The prob- lem of grossly oversubscribed classes, limited room capacity, and the dearth of available Registration line at A&R last year too." However, she conceded that "I don'tthink it's a good registration. No, not by any means. I thinkthereare real problems in getting people into classes." Few answers were available as to why there was such a Photo By Paul Hammond t rooms on the Amherst campus have complicated the usual problems of registration. "It's difficult to say whether it's a lot worse than it was last year," said Mrs. Helen Crosby, registrar of the Law School. "There were a lot of complaints problem this year. One possible factor, offered Mrs. Crosby, is the fact that this year's senior class is much larger thanusual. At just over 300, the seniorclass has approximately 30 people more than the usual class of 270. "For every 20 to 30 people you have it means much more demand forthe courses that are available," said Mrs. Crosby. Another factor that had been considered was the four faculty members that are on sabbaticals and leaves of absence. At first. Dean Wade Newhouse thought that may have created some of the problems this year. However, he later rejected this explanation. "If you take a faculty of 32, in terms of the average sabbatical, the fact is, four absences is probably pretty routine," said Newhouse. The likelihood that there would be problems with registration became apparent to many when the juniors and seniors, received their registration materials in July. Brett Gilbert, president of the Student Bar Association, said a delegation from SBA approached Newhouse in July to express their concern. At that time, Newhouse responded, "If it does happen I assure you that I will examine it and do whatever I can to remedy it once I know the facts." He felt there was a limit to what he could do to change the situation this semester. "I did not putthis curriculum together and you don't undo something once it's in place," he said. Problems became apparent during the drop/add period when a "stream of students" began complaining to Newhouse. He began to examine the situation to see what he could do "to take care of people this semester." Specifically Newhouse was concerned about the impact on seniors. "The crisis has <o do with seniors. I'm not embarrassed by saying that seniors have preference" and juniors will have their chance to take these courses next year. Newhouse, in an attempt to gauge the extent of the problems that seniors faced, requested that seniors sign a pad that was placed at the registration counter and specify which courses they had been closed out of. Newhouse then tallied the results to identify wherethe problems were ahd what possible solutions might be appropriate. The final solutions that were devised were made possible by the "good will of the faculty members," stressed Newhouse. Many faculty accepted additional students, though it resulted in larger classes than they had originally planned. In some cases, however, though the instructor was willing to take a larger number, there were no seats available in the room and a larger room was not available. In one case. New York Practice, it was not possible to accommodate everyone who wanted the course. Instead, Newhouse has promised that therewill be sufficient sectionsof this course offered next semester to satisfy all those who could not get in this semester. It is the Dean, said Newhouse, who is ultimately responsible for curriculum and continued on page 11 Law School Veteran Begins Two-Year Term As'Dean by Paul W. Kullman A jack-of-all-trades at UBLaw School since 1958, Professor Wade J. Newhouse now finds himself in the midst of mastering the most important one that of being dean. The 28-year veteran of the Law School was appointed fora two-year term as dean on July 1. He succeeds Acting Dean John Henry Schlegel who was named to fill the position temporarily when Thomas E. Headrick stepped down as dean last August to return to teaching and other academic pursuits. Newhouse, a 1951 graduate of the University of Michigan Law School, previously served twice as associate dean, once as assistant dean, and twice as director of the Sears Law Library. He also has served as director of the Edwin F. Jaeckle Centerfor State and Local Government Law. Although initially reluctant to take the position, Newhouse said he "agreed to do itfor two — years because the place has been good to me. I accepted a fixed term knowing that when we find someone (to take over as dean), I'll step aside." Newhouse said UB Provost William Greiner will announce shortly the formation of a new Dean Search Committee. While he admits to seeing himself in some ways as a "lame duck" Newhouse doesn't see that as "putting a damper" on hisadministration. "I'm too old and too ornery," he said with a grin. "Ordinarily, one might feel cautious, butbecause of who I am, how long I've been here, and what I've done, I don't see any problem with lame duckedness. I approach every decision as if I'll be here forever." Newhouse said his goals for his tenure as dean are severalfold: First, he wants "to provide some continuity from the past as the school moves into a substantially new period as a result of flexibility legislation and other matters. I'm concerned with examining the development of management of the school over the last 20 years and preparing it to operate under flexibility legislation. We've got to tighten up man- agement." Next, Newhouse said he wants "to better ensure a de- Dean Wade Newhouse gree of openness bothbetween and among faculty, students, and administration which will make UB a better place to be. I'm concerned with establishing a sense of openness and direct dealing with student problems. I may not always be able to provide answers, but I will take seriously student complaints and concerns and will address them to the best of my ability." Thirdly, Newhouse said he wants "to maintain strong rela- tions with the alumni and reassure them that they're a valued and important part of the Law School community." Newhouse said a fourth goal of his is "to ensure that the school is attractive enough to ensure us getting the type of person we all want as dean." Newhouse said the biggest challenge for him thus far has been making sure the curriculum of thelaw school "is responsive to students' desires, as well as reflective of what we (the faculty) think their needs are." Miss Newell found out about the opening of the assistant deanship here in April, and was interviewed before the end of the spring semester. She remarks' that she was impressed with the interview process. between Steve Wickmark leaving and Aundra Newell beginning, Newell had to abandon her plan of learning everything that she could about the school and her job before starting work. Wickmark's absence during the summer, and the imminent opening of thefall semester made it necessary for Newell to "jump in feet first." She "tried not to come in with any set guidelines," and is instead simply spending some time "getting a handle on what's going on." The fact that there is no permanent dean does not bother her. Actually, Newell remarks, the situation at Aundra Newell Named Assistant Dean of Student Affairs by Krista Hughes Aundra Newell has been hired as the Law School's new Assistant Dean of Admissions and Student Affairs. The position had been vacant since Steve Wickmark's year-long term as Assistant Dean ended at the close of the 1986-87 school year. Wickmark was the temporary replacement for Vivian Garcia who, in November 1985, announced her resignation so that she could care for her newborn daughter. Newell is a Philadelphia native who earned her law degree in 1981 from Temple University School of Law. She attended Temple "with the intention of becoming affiliated with a law school" either in the capacity of faculty or administrator member. Prior to coming to Buffalo she spent some time at Marist College in Poughkeepsie. New York, where she taught Business Law and was Director of the Paralegal and Preprofessional programs. She received her bachelor's degree from Cheyney State University in Pennsylvania, after which she-Worked in a middle school as co-directorof an educational program. Newell's experience is evidence of her strong interest in both Education and Administration. continued on page II Assistant Dean Aundra Newell whereby she met and was questioned by students, faculty members and administrators. It is important that students get to know her: "since [her position as Assistant Dean] is going to impact directly on the students, they should be involved" in the screening and hiring process. Newell was invited back for two more interviews, the last one in early July, was subsequently hired, and then began working in August. Because therewas such a gap Inside ... Tutoring Service SBA Elections Editorial The Boy Mechanic Reasonable Man .-2 ..5 . 6 7 10 �Moynihan, Awards Mark 97th Commencement Exercises U.S. SenatorDaniel P. Moynihan was the speaker at the 97th annual Law School Commence- ment at the State University at Buffalo. The graduation program for the 225 candidates was conducted at 11 a.m. Sunday, May 18, at Baird Point on the shore of Lake LaSalle. Moynihan, the senior U.S. senator from New York, previously served as a member of the cabinet or sub-cabinet of Presidents Kennedy, Johnson, Nixonand Ford, thus becoming the only person in American history to serve in four successive Administrations. As a senator, he is a member of the Senate Finance Committee, the Senate Budget Committee and the Committee on Environment and Public Works. He also is a member of the official U.S. Senate observer group that monitors arms talks between the United States and Soviet Union. special Several student awards were presented at the graduation ceremony. Awards presented and the recipients: — Max Koren Award Matthew J. Fusco, Buffalo. John N. Bennett AchieveNancy E. Barshment Award ter, Williamsville. Dale S. Margulis Award Victor R. Siclari, Levittown. Homburger Adolf Law Alumni Association Award Yhomas J. Cassidy, Lockport. Judge Matthew J. Jasen Appellate PracticeAward —Angus E. Crane, Hazelton, Idaho. David Kochery Award Michael G. Whelan, Williamsville. LaidlawLaw Alumni Association Award Craig M. Atlas, Kenmore, and James A. Meserve, Rochester. Moot Evidence Award CatherineM. Ohl, Orchard Park. Judge William J. Regan Award Shari Jo , Reich, Amherst. — — — — — — Birzon Prize in Clinical Legal Studies JoAnn P. Harri, Dix Hills, Long Island. Robert J. Connelly Trail Technique Awards Margaret R. Burke, Buffalo; Thomas J. — — Cassidy, Lockport; Nancy D. Kreiker, Commack, Long Island; Kathleen A. Lynch, the Bronx; Gay B. Montante, KenMulterer, dall; Mark R. Amherst; Roy A. Mura, Buffalo; Gina M. Pica, Buffalo; Richard E. Rydelek, Gasport; Terry M. Richman, Pittsford; Jan M. Smolak, North Tonawanda; Kathleen A. a" Tenney, Eggertsville; Gayle L. Towne, Hamburg, and Candace K. Vogel, Williamsville. State and Local Government Awards Margaret C. Abate, — by Amy Sullivan — When Terry Gilbride, SBA Treasurer, was asked last -.. spring semester by Jack Luzier, rthe would compete in theLaw Review Competition, he replied, "I owe that much to myhas taught include Contracts, self to compete." He was then Debtor-Creditor Relations, Com asked by Luzier: "What if you make Law Review?" He then remercial Transactions, Bankplied, "I'll cross that bridge if I ruptcy Reorganization and Concome to it." Well, Gilbride did sumer Protection. She recently was elected to come to that bridge this sum- head the New York State Bar Association's Banking, Corporation and Business Law Section. The section, one of 15 substantive law units within the tor of Paralegal Programs at Marist College, Poughkeepsie. Both will be serving under Wade J. Newhouse, who recently was appointed dean. Girthreceived herlaw degree from Harvard University in 1962 and her bachelor's degree from Mount Holyoke College in 1959. Licensed to practice law in New York and New Jersey and before the U.S. Supreme Court, Girth is considered an authority in the field of bankruptcy law. She has served as a consultant on bankruptcy issues generally and on financial problems of local governments. She is the author of two books and the co-author of another. One of her books, published in 1981, is Bankruptcy Options for the Consumer Debtor. Girth attained the rank of full professor in 1979. Courses she Competition. The Opinion won an Honorable Mention in the Class B category (comprised of law schools with 700 or more students) for entire newspaper reporting over the year. The ever-popular cartoon mer when he was offered an associate position on Law Review. After several weeks of serious consideration, Gilbride decided thathe could not carry out the responsibilities of both positions along withthe timecommitment of a part-time job. It seems this situation wasn't contemplated by SBA when Associate Dean Marjorie Girth state association, monitors legislative proposals relating to its designated subjects and makes recommendations to the association's House of Delegates. editor-in-chief, won an Honorable Mention for hisfeature article on internal law school affairs. The article "L. Rev. Affirmative Action Plan Elicits Enthusiasm" also appeared in the March 26 issueof The Opinion. John H. Schlegel, a member of the UB Law School faculty since 1973, has been named by UB President Steven B. Sample to serve as associate dean of the Law School for a two-year period, effective immediately. Schlegel, who attained the rank of full professor in 1979, is no stranger to administrative duties in the Law School. He previously was named associate dean in 1982 and became acting dean last August to temporarily fill the vacancy created by the retirement of Thomas E. Headrick as dean. Headrick returned to teaching and other academic pursuits. Schlegel will be serving under newly appointed Dean Wade J. Newhouse, a 28-year veteran of the Law School. "On behalf of the university as a whole,"- Sample told Schlegel in a letter, "I want to thank you in advance for your willingness to undertake this important academic responsibility." 2 The Opinion they moved the elections to the spring semester. On one side, elections in the spring helps keep someone here in the summer fulfilling responsibilities. Yet it poses a problem because it puts one in theposition of not being able to make a choice completely. Gilbride assures us that he will carry out the duties of treasurer until there is a replacement. "It should be an orderly transition of power and I will be more than happy to help train the new Treasurer." SBA President Brett Gilbert was sorry to learn of the resignation of Terry Gilbride. "Out of the four executive board members, Terry spent the most timehere this summer." Gilbert pointed out that the position of the Treasurer is a very busy one. "It is a real nuts and bolts Opinion Staff 1985-86 September 17, 1986 Schlegel received his doctor of jurisprudence degree from the University of Chicago in 1967 and his bachelor's degree Associate Dean Schlegel — — — — Hamburg. — Scribes Award Ross P. Lanzafame, Rochester. Maurice Frey Award Laura Taylor, Rochester Legal Student Ethics Award Lisa Baron, Town of — Tonawanda. - — Law Faculty Award Scinta, Massapequa. — Art kind of job; there are a lotofUniversityprocedures that must be followed. There is also a need for good communication skills for this position." But the SBA election, being held on September 17-18is not only to fill the position ofTreasurer. There are six spots open in each class for SBA Directors. The Director's duties include going to SBA meetings, keeping one office hour per week so that students may come talk, and participating in various committees. Brett explained: "Generally they are a contact person for their class." He added, "I am pleased that first year students have been very enthusiastic, asking what they can do as a Director." There were 28 petitions taken for the eighteen positions available. Photo By Paul Hammond from Northwestern University in 1964. Before joining the UB Law School faculty as an assistant professor, Schlegel served from 1968 to 1973 as an attorney with the Legal Aid Society of Chicago in its Appellate and Test Case Division. In 1967-68, he was a teaching fellow at Stanford University. His academic research focuses mainly on American legal education and the so-called American Legal Realists of the 19205. In the classroom, his principal subjects are civil procedure, contracts and commercial law. Professional organizations with which he is associated include the American Society for Legal History, the Conference on Critical Legal Studies and the Law and Society Association. Tutoring Service To Begin by Jane M. Smith The Peer Tutoring Project, a student organized and operated tutoring service for law students, is preparing for its "REASONABLE MAN!," created by third-year student Michael Gelen, captured an Award for Excellence in the category of editorial cartoons on internal law school affairs. The award-winning cartoon, "The Buffalo Model Explained!" appeared in the March 26 issue of The Opinion. Paul W. Kullman, current . — — i-reaonia. Edith and David Goldstein Award Ann L. Patterson, Jamestown. Niagara Falls Bar Association Scholarship Award Christopher Smolka, North Tonawanda. Prentice-Hall Award Anne N. Baker, Buffalo. United States Law Week Award Gayle L. Towne, Schlegel Named Associate Dean The Opinion Lauded The Opinion captured three awards in the 1985-86 American Bar Association Law Student Division's Newspaper — *aren l. nassett, SBA Treasurer Resigns New Associate Dean The administrative staff of the UB Law School has been rounded out with the appointment of a second associate dean and the hiring of an assistant dean. Marjorie Girth, a Law School faculty membersince 1971,was named by UB President Steven B. Sample to serve as an associate dean for a two-year term, effective September 1. Hired to serve as assistant dean was Aundra C. Newell, who had been serving as direc- Pittsford; Marilyn J. Brown, Rochester; William P. Johnson, Rochester: Lisa McDougall, Buffalo, and Melinda R. Saran, Williamsville. of Barristers' Order Awards Howard J. Berman, South Setauket, Long Island; Angus E. Crane, Hazelton, Daly, William P. Idaho; Smithtown, Long Island; Rita B. Gylys, Manlius; Matthew P. Metz, Williamsville; Shari Jo Howard Amherst; Reich, Spierer, New York City; Kathleen A. Tenney, Eggertsville, and Laura B. Washington, East Islip, Long Island. Carlos C. Alden Award Stuart S. Mermelstein, Hollywood, Fla. Justice Philip Halpern Award first year. Recognizing the need for general tutoring services for my first year and upper class courses, the Student Bar Association chartered and funded the Project last Spring. The Project will operate as a referral service, connecting students seeking assistance with qualified tutors. Tutoring services will begin in mid-October and continue until finals. In addition, the Project will offer ses- sions for first year students on note-taking, and coping with the hysteria of finals. On Tuesday, September 23at 3:30 p.m., in the first floor lounge therewill be an information meeting for any upper class studentsinterested in volunteering as tutors. Upper class students who are unable to attend should leave their name, year, first year section, and mail box number in Box #799. Injet^ mation regarding tutorjflgsessions will be forthcoming. For further information, call Jane M. Smith at 836-1993. �DON'T GET LOST IN THE SHUFFLE FOLLOW THE LEADER JOSEPH!ON tiKUiWER New Jersey New York Pennsylvania $i lU $1 bu 3>iou .. DISCOUNT ■ *- ■ BAR REVIEW COURSE Begins: Monday, September 8, 1986 Ends: Friday, November 14, 1986 Contact your Josephson/Kluwer campus representative or '.■] ' L JOiEPHiONWIiIIIWEII 10 East 21 st Street 1206-7 New York, NY 10010 ■ ©1986, Josephson/Kluwer Legal Educational Centers, Inc. S<^t6m'beH>; i&fr Thte"'6|sthioin; 3 �Awards UB Alumni Association Presents Three distinguished alumnus awards were presented by the UB Law Alumni Association at its 24th annual awards dinner on Friday, April 18, at the Hyatt Regency Hotel. Those honored included: Michael A. Telesca, U.S. judgefor theWestern New York District, who received an award for outstanding performance in the judiciary. Richard F. Griffin, senior partner in the Buffalo law firm of Moot & Sprague, who was cited for excellence in private practice. George M. Martin, executive vice president of Canisius College, who was cited for achievements in public service. "Each of our 1986 recipients is held in high esteem by their professional peers and in the Western New York community," said UB Law Alumni Associa*' tion President Leslie M. Green- baum. "They have brought honorand distinction to our law school and we are pleased to honor them for their outstanding contributions." The program began at 6 p.m. with cocktails, followed by dinner and the award presentations. A brief business meeting of the UB Law Alumni Association was scheduled for 5:30 p.m. For the first time, UB Law School reunions were held in conjunction with the dinner. Classes slated to meet were: 1926, 1936, 1946, 1956, 1961, 1966 and 1976. Co-chairmen for the event were Joseph G. Makowski and David E. Parker. Judge Telesca, who resides in Rochester, was appointed Ip. (Cv U.S. district judge by President Reagan in 1982. He received a bachelor of arts degree from the University of Rochester in 1952 and graduated from UB Law School in 1955. Judge Telesca served in the U.S. Marine Corps as an infantry platoon leader and staff legal officer, and was discharged as a first lieutenant in 1957. He was a partner in the Rochester law firm of Lamb, Webster, Walz, Telesca & Donovan for 16years, prior to his appointment to the federal court. He also was attorney for the Town of Gates, near Rochester, from 1966 through 1970, and served as Monroe County Surrogate Court judge from 1973 until 1982. He is a director of the Association for Mentally Retarded Persons in the Rochester area; serves on the Genesee Hospital board of governors and on the advisory board of the National Kidney Foundation, and is a trustee of the Monroe County Bar Association Foundation. He is a member of the Monroe County, New York Stateand American Bar Associations, the American Judicature Society and the Justinian Society of Jurists. Honoree Griffin is chairman of the litigation department of Moot & Sprague. He was graduated from Canisius College with a bachelor of arts degree in 1954 and from the UB Law School in 1957. Griffin is a past president of the National Association of Railroad Trial Counsel. He is presently vice president and a member of the executive corn- mittee of the New^Y°rK/state Bar Association. A former president of the Erie County Bar Association, he is currently chairman of its Public Interest Committee and Pro Bono Project. He is a member of the board of directors of Legal Services for the Elderly Project and is a fellow in the American College of Trial Lawyers. Martin was the first nonJesuit appointed to a vice presidency at Canisius College. After graduating from Canisius College in 1942 with a bachelor of science degree, he served for _, three years in Europe during World War II as a member of the 402nd Field Artillery Battal- At Hyatt ion, 42nd Infantry Division. Upon his return, he entered UB his Law School and law degree in 1949. receded Martin practiced law in Buffalo with George R. Blair, James J. White and others until 1967, when he was appointed administrative vice president of Canisius College. In 1969 he was named to his present post of executive vice president. In 1959, Martin was appointed Buffalo's commissioner of parks by Mayor Frank Sedita. He served as public administrator of Erie County from 1962 to 1966, and from 1967 to 1977was chairman of the Board of Assessors of the City of Buffalo. He is secretary of the Board of Trustees and a member of the Board of Regents of Canisius College; a memberof the Board ofTrustees and a past president of St. Joseph's Collegiate Institute; chairman of the Niagara Frontier State Park, Recreation and Historic Preservation Commission; chairman of the State Council of Parks, Recreation and Historic Preservation, and chairman of the state Natural Heritage Trust. Martin also serves as a director of Artpark & Company and the Buffalo Zoological Society. Is It Time To Double Student Activity Fee? by Jim Tierney the cost of student attendance at conferences and competitions, fund a yearbook, throw a good bash, equip a playroom Bar Association officers could take to initiate the programming and participation necessary to build a community in the law school and get the law school into the University. Currently, the student activity fee which law students have charged themselves is $40 per amounting to a total acyear tivity budget of approximately $35,000. This may seem like a lot, but it isn't. By comparison most SUNY student associations (through popular-student referendums) have a fee 2 1/2 times that amount. The reason for the increase is the tremendous educational, social and recreational activities that could be funded with that money. Why not bring in good speakers, hold film festivals, offset for the children of Law School students, and stop nickel and diming all ofthe organizations. The 'budget forum' last semester for the allocation of this year's student activity fee was a pathetic spectacle. Time and again people with energy and ideas were turned down by a Student Bar Association that had no choice due to the tiny Yes. Double the studentactivity fee. This is one of many steps the newly elected Student — budget. Funding these groups would also help remove one of the nuisances from Hall —the despised raffle ticket sellers. Instead of badgering us for money, it would be better to have the organizations pursuing their ingreatest O'Brian terests. While we're at it, why not working with the begin Graduate and Student Associations to break down our isolation from all that is happening "out there." By pooling our resources (and paying our way) we could have better programming, mix with people outside of the law school and take advantage of the economies of scale. Better yet, some collective political actionwould more effectively present our concerns to President Sample, the Board of Trustees and our selected representatives. Right now the SBA has trouble getting an appointment with the Provost. Of course, energy and intelligence can do much to betterthe "student life" here at the law school. And we would have to make sure that the new money generated by a fee increase did not go toward areas properly funded by the University I^-3 /Tyi /\V/\ I /^j\ \ integrated approach to the 9{tiv yorf^ (Bar *E?(am. We emphasize sophisticated memory techniques, essay writing skss and a concise, organizedpresentation of the (mo. you Wittbe prepared and confident, \ XI PIEPER NEW YORK MULTISTATE BAR REVIEW It fl/ J \j J ' Speaks For Itself. 90 WuZis Avenue, Mineoia, 9ty 11501 Telephone: (516) 747-4311- PIEPER REPS . BRIAN BOTNSTEIN MARIA LOTEMPIO JOHN ROWLEY I DORIS CARBONELL AMY MURPHY JOHN SIWEK I JUDITH KUBINIEC MARK POLLARD AMY SULLIVAN I V EARLY REGISTRATION DISCOUNT TO DECEMBER 1, 1986 ■nwQptnJop ■ 4 A RES IPSA LOQUITUR <=@^> Tftz !Pteper 9{ezv yorEstate - Mdtistate (Bar H(evietv offers an I /\\ J continued on page II September 17, 1986 M \(7 I J\J f\J\ V-^ I \X A\ (\) V —X\7 1 / �SBA ELECTIONS Second Year Director Candidates John J. Williams. J Second Year Director I am running for Second Year Director because I care about theLaw School. Last year I had the privilege and honor to serve our class on the SBA and would like to continue to do so. I think that this is the year for second year law students to get involved with the functioning of theLaw School. Last year we could usethe excuse that we had not been around long enough to get involved. This year we have no excuse; it is our turn to stand up and be counted because this year as well as next year, this is our Law school. We have to be concerned about what courses will be offeredand how much input we will have in their selection. As your class director I would try to make the SBA realize that if we are going to be an effective representative body for the students of this school, we have to gain more input into administrative decisions that affect course selections and the allocation of funds for the law school. The SBA has to fight for increased student power and do away with the "us" (students) v. "them" (administra- tion) and replace it with "we" (students & administration). As a Second Year Director I would also encourage students to come to the floor of the SBA to voice their problems and ideas. I would also try to formulate plans to increase funding for SBA clubs regardless of their ideologies. As I stated be- fore, I was a First Year Director which enabled me to understand how the school and the SBA work. I have an extensive background in school government and have the ambition to see thatthisLaw School strives for an H*. Vote for John J. WilliamsforSecond Year Director. Lois Liberman, , Second Year Director Hi I I'm Lois Liberman and if you don't know me already, I'm positive that you've heard me in the halls. Anyhow, I'm running for the position of SBA Director for the class of '88.1 have carefully my assessed schedule, so I feel confident about making such a time commitment. And that's what such a position entails, a time commitment! Last year the Student Bar Association accomplished a lot, yet many put in many hours of overtime while others sat back and did the bare minimum.I would like to see all those involved in SBA work as a team to get things done for the good of the student body. In order to do that, everyone who was elected by their peers must put in the amount of enthusiasm and dedication that was promised at election time. This is not the type of position to use as filler in one's resume. It won't guarantee you a great job, but a great job done in the position might just make this Law School a better place. Right now the SBA has three good things going for it, Brett, Karen and Jack. It is up to the first, second and third year classes to provide eighteen di-. rectors to help these executive board members make SBA reach its highest potential. I would like to work with these officers because I knowthat we could properly represent not just on faction of the Law School, but all of the law students. SBA is not just another "club," it's supposed to be a true representation of the total law student body. The SBA cannot truly represent the students without the necessary input. Voting for our class Directors does not release us from our obligations as law students to contribute a little something to this school. Such an obligation can easily be fulfilled by keeping up to datewith the needs of the school and relating them to our Directors. I realize that all law students are extremely busy, but I thinkeach of us can spare five minutes a week to gripe about something to one of our SBA Directors. I know that may be easier for some than others. Anyhow, make sure you vote and if you think that I could do a good job, vote for me, Lois Liberman, for SBA Director. Nancy Pringie, Second Year Director Many issues face the Law School community. I could easily state what I feel those issues to be but to do so would only be my ideas. In the past, my roles both as student leader in undergraduate and graduate school as well as my professional involvement as a college administrator have taught me that my ideas alone are ineffective in bringing about changes. The role of any representative, whether student or administrator, is to bring to the appro- Vgriate forum the ideasfrom the constituencies which they represent. Objectivity is vital to this role. As a person who has had the opportunity to sit on both sides of the table, as student and as administrator, I am well aware of the tensionsthat such a role can create. I believe that to be most effective in the role of representative it is important < not to listen only to the voices of those who share similiar views. This presents quite a challenge for those of us who hold strong views on certain issues. My past experiences both as student leader and college administrator have taught me valuablelessons in this regard. My desire to become a second year class director comes not from my need to have something for my resume but rather from an excitement that sees the potential to address, challenge and change some of the old "nagging problems" thatface the studentbody of this Law School. Most importantly I see a willingness to work toward these changes and to hear new ideas on both the parts of the SBA officers as well as the Law School Administration. First Year Director Candidates John Rogers, First Year Director In this, my personal statement for The Opinion, I would like to give you some background on myself and then move to a discussion of the issues facing law students and what I would work on if you elect me as one of the six first year SBA class Directors. my During undergraduate career I attended the University, of Maryland at College Park where I graduated this spring. Besides taking part in many extra-cirricular activities, I financed my undergraduate education by working between 25 and 30 hours a week. At the University of Maryland, I helped organize a student government compaign and was subsequently elected to the student government. During my tenure in this position I helped organize a "Take Back the Night" rally in response to an increase on campus in violence against women, worked towards increasing security lighting for the campus and pushed for student foot patrols. From 1981 until 19851worked at the University of Maryland Food Co-op, a cooperative student-run food store. In the course of my association with the Food Co-op I negotiated a five year lease for the Food Coop with the University of Maryland administration. The experience should prove helpful in working with our school's ad- ministration. In February of 1985,1 started workirig as the Administrative Coordinator of the City of Takoma Park's Housing Rehabilitation Program. In this program distributed low interest loans and grants to low I and moderate income homeowners in Takoma Park. I found this position rewarding be- cause I could work with, and help, people in a very concrete manner. My responsibilities included: interviewing all applicants and assessing their eligibility, presenting projects to the Loan Review Committeefor review and approval, preparing mortgages, conducting settlements, recording mortgages, administering contracts awardedundertheprogram, handling community relations and making reports to various government agencies regarding the program's activities. Some of the primary issues facing incoming law students include: 1) parking; 2) identifying and gaining access to University and community service; 3) late grades; 4) over subscribing of important second and third year courses; and 5) getting to know otherlaw students. To address these problems I propose to do serveral things. First, with respect to parking, join together with the developing student coalition angered by the parking situation to develop alternatives to the newly introduced faculty/staff parking plan which wiped out our lot (7A) and propose that theconstruction of new parking lots on the corner of Flint and Augspurger, with an aboveground extension to the Spine, be included in ÜB's budget request for the next fiscal year. Second, develop and obtain complete guides to UB and community services to be made available at the SBA office. With respect to issues threeand four, and in conjunction with ongoing SBA negotiations, work withthe administration and faculty to make sure that the course requirements of all law students are fully met. And finally, to promote greater interaction among law school students, I will propose the es- tablishment of a regular Friday afternoon happy hour to be held in the law school student lounge. ing. SO WHEN YOU VOTE, VOTE FOR THE PERSON YOU THE ISKNOW WILL SUES AND TOPICS YOU ®ANT TO BE HEARD. VOW FOR DIANA M. HARRIS. Kimi King, First Year Director "My God what have I done? You may ask yourself ..." Considering that none of usknows anything about each other, the easiest thing to do might be to check the first six names appearing on the ballot. However, uninformed choices might lead to inexperienced representatives. The SBA is responsible for the disbursement of your student activity fees to various student organizations. It may seem fairly straight forward but it can become a very involved task. I am very familiar with this process, having received my Master's of Public Administration in Finance/ Budgeting from Northeastern University (Boston). I worked forfour years at the University of Illinois in the student Accounts division disbursing budget funds to student organizations. TheSBA also acts as a liaison between the faculty, staff and students. It is easy for a student to feel "lost in the numbers." Employed at both Northeastern and Illinois as a Resident Director Assistant, my respon- . . In conclusion, if I am elected by you as one of the SBA class directors, I will pursue the agenda outlined above and, above all, promise to approach each issue before the SBA with an open mind, weigh each issue on its merits and vote my conscious without regard to any factions or cliques. . Diana M. Harris, First Year Director I am running for one of the six first year class Directors of the Student Bar Association. This position is a very important one and our class deserves to be represented by a very responsible person who is willing to work hard for those things our class needs done. I realize that it is hard to vote for someone you have not met or may not even know, but I assure that voting for me will give you an eager listener and responsive person. As an undergraduate, I found most student government representives to be very insensitive to my needs as a person and as a student. I decided to run for one of the Director spots to make sure that our class has a representative who is very responsive, accessible and hard working. As a woman, I realize that there are special interests and,needs that some are not of. I am aware of such aw^re problems and plan to make suotuthiTigß-aajssue and topic in many of the discussions I will be attending as a representative. Lastly, I would like to say that am I known to be a "Mover and/ a Groover"; that means that I get the job done on time and withall ofthe right people having been informed of its happen- PRESENT sibilities included: providing undergraduate and graduate students with information; ad- dressing complaints concerning the administration; referring students to various campus groups and programming student activities.As an elected member of both Universities' Residence Judicial Boards, I was involved with hearings concerning conflicts between students and the administration. Working as a Graduate Teaching Assistant for thePolitical Science Department at Northeastern, I developed class curriculumsand conducted faculty evaluations. Last, but not least, the SBA plans social activities. Aha! It is important that as first year students we get to know each other so we have others to lean on as we start to get frazzled. The only way is to plan activities that do not involve 10 pound books or hi-liners. I will act as your liaison and voice to the student government because your input and feedback as a group is what matters. I will not have all the answers. Like you, I am still trying to sort out Civil Procedure, which walkway leads to Capen and why I can't find a parking space. But, I will give it my best shot. Make the most of your vote; it happens "once in a lifetime ..." continued on page 8 THE PASSWORD: barf** 415 Seventh Avenue. Suite 62 New York. New V«k 10001 (212)59*36% (201) 623-3363 , / / Sd*jtembby-t7, 1986 The OpirHdii 5 �OPINION fitt STATE UNIVERSTTYOF NEW KDRK AT BUFFALOSCHOOL CF LAW Volume 27. No. 2 September 17,1986 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes NewsEditors: Idelle Abrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: MelindaK. Schneider PhotoEditor: Paul Hammond Layout Editor: Susan Clerc Production Editor: Wendy Ciesla Contributing Editor: Amy Sullivan Contributors: Brett Gilbert, JackLuzier, Terry Gilbride, Karen Buckley. fe Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is thestudent newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those Editorial Board or Staff of The Opinion. The Opinion is of the a non-profit organization, thfrd-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Registration Woes Unnecessary Every fall law school students return to O'Brian only registrato be greeted by the same annual fiasco tion. The problems encountered this year only highlighted the flaws that are present in the system. Why do we all have to go through this? Isn't there a more rational process? — Ample credit should be given to Dean Newhouse for his concerned and conscientious resolution of this year's problem and to the faculty who have extended themselves and their classes to accommodate the seniors. However, this was a patchwork solution. Crisis intervention must give way to long term planning. The relevant figures are known in advance — how many students will be registering; how many faculty will be teaching; how large the classrooms are. If there are 550 students and they each take 4.5 classes you know, at the very least, how many spaces you need. It seems to be a simple arithmetic problem. In many cases the size of the demand for a class is also known. If 88 people get closed out of a class it seems reasonable to offer more than one section a year. While Dean Newhouse felt that the "crisis had to do with seniors" the plight of juniors should not be ignored. Must the juniors spend a year marking time, taking whatever they can manage to get, while they wait around to become seniors so^t^ey can get the courses they want? The inclusion of an exam period schedule arguably helps cut down the frenzy at registration time. This coupled with the inclusion of a tentative offering of the next semester's classes, both of which were omitted this year, could go a long way to alleviating future problems. Right To Privacy Denied In S. Ct. Homosexual Case by Brett Gilbert It is a strange feeling, I must say, to be told thatthe ways you express the most intimate and personal emotions of affection with another human.being are not protected by thefundamental legal document of your society. However, that is what the United States Supreme Court told tens of millions of Americans this past summer when it held, in Bowers v. Hardwick, that the U.S. Constitution does not guarantee a right to engage in private homosexual sexual activity. How gay men and women are to respond to such an assault upon their humanity is difficult to determine. In his majority opinion. Justice White denies freedom to gay people by arguing that there is no relationship between the rights of privacy which the Court had previously articulated (such as the right of married and single persons to use contraception, the right to an abortion, the right to marry a person of a differentrace, etc.) and the alleged right of homosexuals to physically express their lovefor one another. Some rationalize White's argument by maintaining that while previously articulated rights of privacy all concerned marriage and procreation. The physical love between two women or two men does not. However, the circularity here can readily be seen: the state forbids members of the same sex from marrying, then declares that any sex between them is not protected by a right to privacy because it has nothing to do with marriage. Equally, the decision to be physically intimate with a member of one's sex can be seen as a decision not to procreate. To put this last point another way, sterile heterosexuals who participate in intercourse are protected by rights of privacy even though sex with them cannot possibly result in conception. There are also those who support White's argument by denying the existence of a right to privacy within the Constitution, or by saying that even if there was such a right, it cer- With this in mind the faculty as a whole should concentrate its efforts to respond to this predicament. This is not justa "student" problem; it affects the tone and tenor of the institution as a whole. Applications are still being accepted for the fall sessions of the Graduate Tax Certificate Program at the State University at Buffalo. Sponsored by the Institutefor Tax Studies, a branch of the UB School of Management, the non-degree, graduate-level siveinstruction for accountants and attorneys who deal with complex tax issues. The program also serves as a springboard for persons interested in pursuing careers as professional tax advisors. The program, inaugurated in the spring of 1985, is believed to be the first graduate-level tax program in Western NewYork. All courses are taught over eight-week terms by highly practitioners qualified tax drawn mainly from the legal and accounting professions. The overall program offers 14 graduate-level courses relative 6 The Opinion September 17, 1986 ( of constitutional interpretation. To restrict the development of a society by the thoughts of a group of people who treated blacks as chattels, workers as oxen, and women as being beneath contempt is difficult to imagine. Plainly, a society should be governed by its own values and not by the stupid thoughts of people who have been dead for two hundred years. Having said that, we can still acknowledge a point which the original intentionists like to advance; that is, if a right is not explicitly mentioned in the Con- stitution, the case that such a right should be honored is more difficult to make than if the eight is so mentioned.The discussion of what kinds of rights to privacy lie within the penumbras of the Constitution appears endless because, as applied to the Hardwick case, the Constitution does not address the concept of love. Perhaps that is what's wrong here: the Constitution does not speak of some of the most important elements of being human. Most of us are aware of the kind of people who wrote our Constitution.They were, by and large, elderly, wealthy, white, straight men who did not have to worry about the basic necessities of life. Therefore, while the framers provided for the common defense, they said nothing about the need for food; although they spoke of thewrit of habeas corpus, they ware silent concerning the need for health care; the framers discussed treaties, taxes and nobility, but not a word about housing, education or the right to a decent wage. And since the men in 1776 could generally rely on a subordinate woman to spontaneously relieve their sexual needs, the framers had no motivation to consider the notion of the freedom to love. Considering the day-to-day needs of a twentieth century human being, or for that matter an eighteenth-century human being, the Constitution is a fundamentally flawed document. It appears, then, that the problem in Bowers v. Hardwick is not only the intellectual and moral incompetence of five members of the Court, but also a severe deficiency in our Constitution itself. The fundamental document of our society should include, or should at least mention thehuman needs for food, shelter, health care, work, and perhaps most importantly, love. Until that time when our Constitution mentions such things, our society, and hence our legal system, will be incomplete a mere procedural shell ready to be filled withsubstantive human rights. — So, what are lesbians, gay men and those who support their struggle to do? Well, we should all begin to understand the limitations of our Constitution and begin to formulate strategies to work around it. Changes in social attitudes are often more effective than changes in constitutional law when it comes to affecting the way people relate to one another. Homosexuals should begin to presuppose that they have rights, only then will society begin to honor them. What might people think if they regularly saw two men kissing on the street? The eyes of homophobes would probably bulge at first, but, with time, the sight of two homosexuals kissing would appear commonplace. Gay people must overcome their own homophobia and publicly assert the loveplay which goes on between people who care about each other, if for no other reas^m than to remind society qfjj>e/ social instability that is created when a large subculture remains outside the law.We must transform the "ancient roots" which Justice White cited to support decision in his Hardwick. With effort, someday the ancient roots which people talk about will concern the beginnings of a struggle for sexual liberation. Graduate Tax Certificate Program: Applications Are Still Being Accepted program provides comprehen- The Academic Policy and Planning committee needs to solicit student input for course offerings and pass this information on to the administration. Granted there are certain unique and novel courses which should continue to be offered lest we abandon the Buffalo Model and become just another law school. But the need and the demand for certain core courses remains constant and is relatively predictable. tainly would exclude homosexual activity because theframers of the Constitution never intended to make such activity legally legitimate. However, it is difficult to fully comprehend the "original intention" theory to personal and business taxa- tion. To receive certification, participants must satisfactorily complete at least nine of the 14 courses. Courses also may be taken individually. To qualifyfor acceptance, applicants must possess an undergraduate college degree and must have completed a basic tax course or received equivalent tax training. The courses being offered this fall are as follows: Term I (August 26 to October 16) Taxation of Partnerships and Partners; Corporate Tax I, — and Property Transactions It. Term II (October 27 to December 17) Executive Compensation, Pension and ProfitSharing Plans; Tax Research and Ethics, and Accounting Periods, Methods and Estimated Tax. Further information, including brochures, may be obtained by contacting the Institute for Tax Studies, 108 Jacobs Management Center, State University at Buffalo, Amherst, N.Y. 14260. The phone number is (716) 636-3202. — The Opinion letter to editor policy The Opinion encourages letters to the editor. They should not exceed 300 words. All letters must be signed with name and address. The name can be omitted from publication if there is substantial reason to believe the author would be subject to retaliation. The address can be omitted from publication at the request of the writer, but a general locality will be published. No malicious or libelous statements will be published. The editor reserves the right to edit lettersand accept or reject them, on the basis of content or space. __A �The Boy Mechanic How ISpent My Summer Vacation by Kevin O'Shaughnessy I had my hands on Justice Rehnquist's scrawny neck.There was terror in his beady eyes and sweat was teeming from every pore. My grip on the Chief-Justic-to-be tightened, we both knew he was going to die.There was no doubt in either of our minds... "Key, wake upl" 'Oh nol A dream, this explained why Rehnquist was dressed in a baseball umpire's uniform... "Key, wake up we've got to go!" Rehnquist faded away. The facists had dodged a bullet. My chance to "restructure" theSu- preme Court had been denied. It was morning and I was in Galway, Ireland, clandestinely camping in someone's backyard. Justice Rehnquist was probably sleeping safely in some white suburban enclave outside of Washington D.C. (in a house with a deed probably chock full of interesting restictive covenants). I cursed my travel partner. Will Zickl, and explained thathe had prevented me from terminating Justice Rehnquist's miserable existence. Will pointed out that our glorious president would probably appoint Sandra Day O'Connor (a person who has unequivocally proven that women can be just as ignorant of the Bill of Rights as men) as the Chief Justice. Although it seems improbable, he might be able to find someone worse than William Rehnquist. These were hellish thoughts before breakfast... enough to make the strongest temperaments go fetal with dry heaves... I was far away from America and its march towards a police state. This was Ireland, an emerald of an island and a kidney stone of a political situation. No place to be haunted by American jurisprudential night mares. Ireland breeds its own Americans that other Amer- NIGHTLINE (although Irv and The first nightmare began with the flight to Ireland. Aer Lingus, which claims to be the official airline of Ireland, is actually the main transportation vehicle of a species known as the Human Tourist Vegetable (here after known as HTV). The distinguishing feature of the HTV in Ireland is the color green. Green is worn in a variety of grotesque forms everyday; green shoes, pants (or generally polyester slacks courtesy of Hager), sport coats, scarves, and eye shadow. Sadly, the most obnoxious HTV's are Americans. When in Ireland, they spend their evenings in sterile Irish hotels ("just like the Hilton back home"), gorging themselves at bogus "medieval banquets," and complaining about the lack of ice in their "screwdriver". After eating a massive, grease laden, breakfast, they pack themselves into tour buses. The rest of the day is spent listening to the tour guide's incessant chatter. It's moving television. Don't experience. Don't encounter. Just sit and watch. They're doing Ireland "first class." Its first class torture. These HTV's were the type of the Eyewitness News gang would dig through the blood and gore to find the "Western New York Connection"). Our flight did not become a forum for political expression and we arrived safely in Ireland. A few days later Will and I were situated in our rooms at Trinity College, Dublin. We had hocked our livesto study Irish Land Use Law courtesy of the University of San Diego Summer Law Program. If I ever visit the University of San Diego Law School, I will find the droolers thathandled theadministration of the program and put them out of their misery. It is obvious they are brain dead. Will and I were informed that we should arrive a week before the program started and that we should stay on campus because housing in Dublin was expensive and scarce. We were not told that our rooms would not beavailableuntilthe day before classes began and that summer housing in Dublin is cheap and . mer in a concentration camp a "good experience" if the pay was decent and there was a chance to move up. The people that made itbetter thana "good experience "were one of the finest collections of gamblers, heathens, and hell raisers ever to darken the gates of Trinity College. We treated the program like summer camp. After classes (Arts and Crafts), we played touch football after the lunch and basketball after dinner. Our evenings were filled with poker, pubs and Irish beerl Ah, Irish beer! Three pints of Guiness and the world is a much better place. The Old Milwaukee's I'm pounding noware icans like to see go far away for long periods of time, and then hope for a terrorist act. When we got on the plane, I realized ' that if terrorists didtake us hostage, we were doomed.We had far too many HTV's on board. The State Department would just write us off. Our deaths probably wouldn't make nightmares. .. . Kevin O'Shau&hnessy . scarcely a replacement. The Irish Land Use course helped me understand what happened to Dublin. Prior to 1960, Dublin was one of the beautiful cities of Europe. The city was brimming with 18th century architecture. In 1960, Dublin decided to get "modern". The Irish government encouraged foreign investment in Dublin and all hell broke loose. During this investment "boom," much of the 18th century architecture, which was commissioned by the Anglo-Irish aristocracy and therefore viewed by native Irish as symbols of oppression (even though they were built by native Irish craftsmen), was torn down to build "modern" office build- plentiful. Despite the administrative setbacks, the program • was worth the money. It was better than a "good experience." A law student would call a sum- ings. These "modern" buildings are noteworthy because experts have deemed them some of the worst examples of modern architecture ever. Many of the buildings are empty due to an office space glut. Ironically, many of the foreign investors were English. So the tearing down of the 18th century "symbols of English oppression" were replaced with 20th century symbols of English oppression courtesy of Irish ignorance and corruption. The whole depressing process is excellently chronicled by Dublin journalist Frank McDonald in his book. The Destruction of Dub- lin. Will and I spent the last ten days of our trip hitching along the western coast of Ireland. The beautiful landscapes were a sharp contrast from the overcrowded, garbage laden streets of Dublin.Western Irelandis the Ireland of postcards and Hollywood movies (i.e. JohnFord's classic. The Quiet Man starring John Wayne, was filmed here in 1940.) In order to fully appreciate the area's beauty, one should travel by foot or by bicycle. If you ever find yourself on a tour bus in Western Ireland, get out immediately. You are in danger of finding yourself in green clothes, eating a greasy Irish breakfast, and agreeing with Justice Rehnquist and the rest of the human tourist vegetables Now I am back in Buffalo. Ireland is just a memory. I spend my time searching for open . classes, buying over priced books, waiting for an over due financial aid check, and falling hopelessly behind in my reading. I guest it's all part of a "good experience." SBA State of the School Addresses spring exam period was over and then sent thank you letters to those professors who had submitted their grades in such a reasonable amount of time. If you see^any of the following instructorsjin the hallways, flash them a smile and tell them you SBA President Brett Gilbert Photo by Paul Hammond by Brett Gilbert, SBA President Well, I hope things are begin- ning to settle down for everyone so that we can start to organize and plan SBA activities and strategies that might lead to solutions to some of the problems in our Law School. Let me keep you all up to date on what went on this past summer when you folks were in exotic places earning lots of tuition money and I was in Buffalo squeezing $900 out of work-study. ITEM: LATE GRADES. Forthe benefit offirst year students, let me explain what the problem is here. You see, many law professors appear unaware of the professional responsibilities of faculty members and seem quite happy with themselves if they take up to a year to report the grades of students. I have been a teacher for a number of years now and I cannot tell you how embarrassed I would be as a professional if I took more than two weeks to report grades to a class. I waited two weeks after the appreciate their effort: Professors Berger, Carr, Del Cotto, Atleson, 'Newhouse, Mugel, Engel, Ewing, Zimmerman, Reis, Schlegel, Konesfsky and Freeman. (I apologize if I left anyone out.) I also waited about six weeks to see who had not yet turned in their grades and discovered that the following professors had not: Deitz, Spiegelman, Joyce, Binder, Lindgren, Kaplan, Spanogle, Meidenger, Halpern, and I'm sure one or two more. I'm not quite sure what you should say if you see any of these people in the hallways. My letter to these folks pointed out, among other things, that students are unlikely to take exams seriously (creating, perhaps. Family Law disasters) if professors do not show that they too are interested in the exams and grades of students. One faculty member informed me that late grades were not just a problem of a lack of teaching professionalism. This person said that some professors do not wish to help employers discriminate against students on the basis of grades grades which they feel do not mean a whole hell of a lot anyway. In other words, some professors believe that — students are better off if employers do not know what grade was received in a class than if they know you Q' d-out. (In a way, this is a perfect Buffalo Model kind of answer.) Can you imagine? We are all immersed in a system which depends upon a heirarchy of power (sex, race, religion, Law Review, MootCourt Board, SBA officers, etc.) in order to distribute jobs and money in the labor market and some professors think they are doing us a favor by withholding grades., Better they should democratize Law Review if they are so concerned about job discrimination. Anyway, we should have a unified course of action when fighting this problem. I think Dean Newhouse will be of great help to students if and when he attempts to enforce the 30 day grade reporting deadlinewhich is already on the books. This is going to be difficult —professors are not going to willingly give up the perk that gives them so long to report grades. Students should plan our strategy when the SBA Board of Directors is elected. ITEM: PARKING. This summer I received a letter from Mr. Robert Wagner, our Vice President for University Services, concerning a proposed new ticketing system for ÜB. As it stands now, the City of Buffalo and the Town of Amherst collect all of thefines from parking tickets. Wagner proposed a new system in which UB would . issue its own tickets, thus removing Buffalo and Amherst from the process, and collect all the parking fines itself. On the surface this sounds fine. However, Wagner proposed this new system in the summer when few students were around to/totrjment on it and he wanted to implement the new policy this fall. In my letter to Wagner I said I was upset at the timing of his plan and suggested that the implementation of the new system should be delayed so that all students would have the opportunity to comment on it. I also thought there should be some guarantee that faculty/ staff tickets would be treated the same as student tickets (in payment collection methods, etc.). I urge all law students to give Mr. Wagner a call at 636-2922 to offer him your thoughts on this issue. I don't know what to say about the faculty/staff parking lot fiasco. J was seriously considering going out with a can of spray paint and defacing the damn signs myself. (How 'bout it?) Perhaps we should hold picket lines at the entrance of the lots to see exactly which faculty members use them. Then, perhaps, subtle(and not so subtle) forms of persuasion could be used to get the faculty to lobby the central administration to restore the "law school lot" to its former status. What do you think?Let's get excited I ITEM: WORD PROCESSORS. I have been trying to track down the UB money which will, with a little luck, be used to equip the law library with word pro.- cessors. I tell you, thisis no easy task. Ms. Barbara yon Wahlde, the Director of University Libraries, is doing her best (I think) to pin things down, but she may need a little more encouragement. I will keep you informed as more news comes in. ITEM: PARTIES. As usual, the SBA can use everyone's suggestions on how to make our social calendar more enjoyable. I am particularly interested in holding parties at places where all law students feel comfortable. In the past, some SBA parties were at locations which would not usually cater to . - minomy^tudents. We must do a better job in choosing party places which cater to a more diverse clientele. ITEM: CLUB NIGHT. On Thursday, September 18, at 5 p.m. in the first floor lounge, the SBA and the '86 Orientation Committee will hold an informal gathering of law student groups so that we can all become aware of what kinds of organizations are out there. Come one, come all especially first year students.. Refreshments will be served. ITEM: SBA ELECTIONS. The elections for SBA Class Directors and SBA Treasurer are on September 17-18. Please vote in front of the library after read- — ing statements in The Opinion. We need a new Treasurer because Terry Gilbride is resigncontinued on page 9 September t7, 1986 The Opinion 7 �First Year Director Candidates Charles Fauta, First Year Director The upcoming SBA election is not so much a question of personal ambition as it is one regarding the active involvement of the first year class within theLaw School community. Studying law, especially for thefirst year student, should not be considered a vacuum apart from its surroundings. On the contrary, the desired effect of any legal education can be achieved only through the enthusiastic involvement and interaction of students within the law school. The election also serves to encourage people to become active in areas, where perhaps, they have never entered before. Such elections and the ensuing participation within organizations, serve to embolden students into accepting further commitments and respon- sibilities. Finally, the election marks a personal milestone. The first half of my undergraduate education was regretably characterized by a reluctance to expand my horizons through extracurricular activity. I simply spun myself into a cocoon. Fortunately, I came to the realization that books constitute only one part of education. Our legal studies, however exacting, must be complemented by some other activity. At the very least, I hope my running for the position of class director will encourage other students to actively partake in making our law some other activity. At the very least, I hope my running for the position of class director will encourage other students to actively partake in making our law school the finest possible. Raymond Benitez, First Year Director Hello. My name is Raymond Gerald Benitez, a recent graduate from the UB School of Management. I can honestly say that I am looking forward to being here at UB for another three years and especially here at the school of law. First, I would like to wish all first year students much luck and wisdom in their commencement of the study of law. Also, it is a privilege for me to have been given the opportunity, via your support, to run for one of the sixDirector positions available to us in the Student Bar Association. Secondly, I would like to state that my intention for running for office is not, like someone plausibly put it, "so that you may enhance the contents of your resume"; nor, is the purpose of my being here to boost my ego or any other such nonsense. But, as for my primary reason for running, it is my genuine interest in the rules and processes that govern our lives here in law school and its impacts on us, the students. Finally, I would like to share a piece of writing, (Peter Cohen, 1973; "The Gospel According to the Harvard Business School"), which will lead to my underlying reason for running for office. It reads like this: "And this is where the American society is at; it talksof competition as if it had never heard the word 'cooperation.' It refuses to see that too much pressure doesn't move people; it kills them. Instead, everybody pushes and pushes each other, and they call the other a lazy bastard, if one of them happens to break down." 8 The Opinion . .. I consider this to be a very relevant and very strong but simple piece of writing. It is imperative that we move closer to becoming more like, rather than unlike, so that we may nurture an atmosphere where different perspectives, feelings, ideas, and people may exist in a collectively exhaustive manner. This shall lead to higher standards and thus richer and more clever minds. I want to bring us together under one voice representing the very diffarent perspective evident by the very diversified group of students that we are: students varying with respect to color, race, religion, sex, and other such differentiating attributes. Thank you. Brenda M. Freedman, First Year Director In this brief statement I will endeavor to address some issues which have been brought to my attention through solicitation of upperclassmen, faculty and administrators and which will affect the next three years of our lives. The Law School has been without a permanent dean for two years. This is of great concern for although the problem has been temporarily ameliorated by the appointment of Mr. Newhouse, the lack of firm, consistent and long-range leadership inevitably leads to a decline in quality, as is apparent in our 20 point loss in the recent Gorman ratings. Concerned student participation in the selection progress is imperative. There is a need for wider course offerings and for greater emphasis on practical-oriented classes. Students have been closed out of many classes, so we must work to increaseeither the number of courses offered or class size. To obtain a sense of real-life lawyering, a possibility I would like to explore is a set of mini-seminars conducted by practicing attorneys. Late grades have been a problem. Steps must be taken to insure that students aren't waiting until fall to receive spring semester grades. Several clinical programs recently undergone have changes. In the past they were supervised by practicing attorneys which provided guidance in a practical vein. They are now supervised by faculty members which allows increased flexibility and availability. I would seek expansions in these programs, combining faculty and practicing barfacets so that we may benefit from both genres of expertise. It is not too early to concern ourselves with bar review courses. The projected cost for 1989 is $1000.00. The possibility of establishing a cooperative whereby courses are discounted 40-50 percent if a minimum number of students enroll should be investigated. Increased employment recruitment both in and out of state is always welcomed, and I wish to explore alternatives, possibly through our representative in the law student division of the young lawyers section of the NYSBA. Alleviation of the parking problem must also receive immediate joint attention from students and administrators. On the lighter side, I enjoy planning social events and PARTYING! The UB Law School is excellent. As a director of the SBAI can contribute to the creation of an even better school, September 17., 1986 • •••••• with your help and with your vote. Daniel W. Schenck, First Year Director Law School is tough. This holds true especially for thefirst years, which, as we have already seen, is replete with cases to be read and briefed, legal procedures and rules to be learned and evaluated. These and other cerebral exercises form the educationalcourse we are now beginning, a course of instruction that is designed to teach us to learn to "think the way lawyers do." This is an undertaking that places tremendous demands upon the students, the teachers, and, as this process takes place within an institution, the administration. The success and quality of our years here is principally dependent on the tone and nature of the interaction of these three groups. While the approach of many schools is for the administration, with some degree of input from the faculty, to decide upon school policy, the tradition at UB Law School is to give each of the groups as much of an equal voice as is practical. This gives us more power to determine the type of education we will receive than students at other law schools enjoy. It also means that the role of the UB Law School SBA representatives is of increased importance in creating a positive, comfortable setting in which to learn. It is in recognition of this responsibility that I would like to ask you for your vote in the upcoming election. In return, I promise to do my best to promote the interests of our class and of the individuals that comprise it and to keep the student side of the Law School triangle visible and effective. The first year is going to be hard: I want to help make it as easy for us as possible. Shelly Rice, First Year Director Peace of mind and a successful first year are my primary goals. As a first year SBA Director I will pursue the best interests of my fellow students. I expect my SBA contributionsto have a positive affect on the Law School environment. I relate well to, and am familiar with, the concerns of individuals of diverse ethnic, cultural, socio-economic, and religious backgrounds. I am a universal, open-minded candidate, who is open to direction and suggestion. I have held a variety of positions of responsibility. As Chairperson of the Women's Committee of theAmerican Association of University Women, I brought programs and speakers of interest to the members. As a Community Coordinator I presented the concerns of community members to public offi- Q. >~v,^ cial/politicians. VOTE SHELLEY RICE for FIRST YEAR SBA DIRECTOR. Derek Akiwumi, First Year Director My candidacy has been a result of the best wishes that I sincerely havefor everyone in this class. As a representative for the first year law students on the Student Bar Association, I intend to serve the interests of everyone in all class sections with an open mind and an open heart, and in the same manner, willI also give regard to the welfare of the various law school organizations. My first couple of weeks as law student have been a great experience, and I owe my gratitude to the caring and concerned upper classmen and to the warmth of friendship given to me by my fellow first year law students.The kindness that I have received will be returned during my term in office. My qualification for serving on the Student Bar Association is not based only on sincerity, but it is mostly attributed to my previous experience in serving others through many different capacities, including elective office, during my undergraduate years. For these reasons, sincerity and experience, I feel confident in my ability to perform efficiently in providing for the needs of the first year class, and for these reasons, may the first year law students lend me their confidence and support. Douglas Smith, First Year Director Hello. Frankly I had a tough time writing this personal statement to people I don't know personally. Living in Clinton Hall has enabled me to build some friendships already, but like the rest of you I still have to introduce myself to most of the people I see. So you see the dilemna: I wrote about three different copies of this statement which sounded like very good, boring, dry political speeches, but nothing that one could call a personal statement. Now I'll try to get "personal." I was on theexecutive council an undergraduate, a position which I'm sure is very comparable to being on SBA. I had a great time, both from the aspect of meeting new people and working together and from dedicating oneself to something one feels strongly about (in my case it's ensuring our continued happiness in Law School). Yes it's true, I'm selfish. I want to enjoy myself as much in Law School as I did an an undergraduate. But to me, enjoying myself means working hard so that we can all have a great time. After all, isn't that what we're here for? Thank I hope I can serve as one you of the Class of 1989's SBA direc- — tors. John Bonazzi, First Year Director As we embark upon our legal journey, take pause to consider just what that journey entails. Much has been said about the perils and hysteria called a legal education. Law School can be a frenzied environment with' much work and not enough opportunity to reflect on the meaning of it. It should be an exhilarating experience in which more than just the law is learned. The students themselves must see to this. The Directors, then, become crucial in continued from page 5. our campaign to determine our own fate. Among the things I would work for are a colloquium series, input into upper-level class issues, organizing social events, and, last but certainly not least, finding the sadistic psychotic responsible for the atrocious parking situation here. I have extensive experience in government and management. I have worked on public interest campaigns, a senate committee, human services organizations, and most recently for a major Boston law firm. I feel confident that my varied background is well-suited for the challenges that lay ahead. Previously, I had the privilege of matriculating in a doctoral program, only to resign one year later, disgusted with a program I saw as primarily rote and lacking in intellectual rigor. The students allowed thatsituation to happen. I am determined to not allow this to happen to our program. With your vote, I pledge to work unceasingly to ensure that it doesn't. Thank you. Salvatore Sanfillipo, First Year Director Hello classmatesl Soon we will be called on to elect SBA Directors for our class and we ought to consider the significance of this event. Our Directors will be liasions between us and our student government, theSBA. The SBA, which is funded in part by our money, sponsors academic and social events and provides a formal avenue for communicating with the law school faculty. The Directors discharge their duties by maintaining weekly office hours, attending monthly SBA meetings and any committee meetings, announcing events, and by giving a little extra energy to stay in tune with the concerns of their classmates. As first year law students, we may find precious few opportunities to provide feedback and to redress grievances within our environment despite the warm welcome we have received so far. I submit my name to you for consideration as a first year Director because I feel that I am capable of discharging the trust that the position entails. Outside of Law School, I have few demands on my time. Further, I am not adverse to innovation. As an undergraduate at the University of Rochester dissatisfied with the established social groups, I joined with several friends as charter members of a fraternity that has since been awarded for its general progress and work for charity. I would be honored to represent the concerns of our class in the SBA. Thank you for your consideration. continued on page 9 NEED RESUMES IN A HURRY? Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive • Tn. Amherst, NY 14120 (offSweet Home Rd. between No.French & TonawandaCreek Rd.) (716)691-7480 Quality • Dependability • Fast Service • Moderate Prices �First Year Director Candidates Dan Devine, First Year Director It seems that everyday we show up for classes there is some new experience awaiting us or new obligation to fulfill, be it academic or personal. I have found that at times the atmosphere here can become hectic to say the least, and some things get lost in theshuffle. One thing that must not be lost is the importance of electing student directors who will be able to help you sort through all the things you need to do or want to do while here at law school. This view of the students directors as people there to help is the primary reason I have chosen to run. It seems like a simple job description, but one that realizes the importance of helping you enjoy both your academic and social life here at UB Law School. James G. Hayden, First Year Director I am running for first year class directorof the StudentBar Association. I believe that it is an important position. I seek thisoffice because it is an effective way to serve and improve the UB Law School. The SBA can bean excellent tool to make more services available to the students of the Law School, to make students more aware of existing servicesand to provide activities which promote a greater community spirit within the Law School. There are several activities which I would seek to organize for the students, particularly the first year students. This includes ensuring that the big brother/sister program is implemented as soon as possible. Another type of activity which I would promote is the organization of all year and all school parties to help thefirst year students find out more about the school and to help them get to know their classmates better. I also plan to work with the Career Development Office and theAlumniAssociation to bring guest lecturers to the Law School to speak to students about career opportunities in various fields. The time commitment required to bring these and other events about in SBA will be significant. I am willing to put forth the effort necessary to make this year a successful one for the SBA. I believe that I can do a great deal for you. Please give me the opportunity to work for you. Mark Narby, First Year Director Hello, how's it going? Studying hard? Are we all understanding everything we're reading in class? Hell, I'm not, but I haven't given-up, yet. My name is Mark Narby and I'm running for first year Director of the Student Bar Association. What is the SBA? Someonetold me they throw a lot of parties, which interested me right Addresses Gilbert continued from page 7 was accepted as a memberof theLaw Review and he does not think he can put the required time into both activities. Terry has done one hell of a job this past summer, clearing up year end financial problems, and I, for one, will be very sorry to see him go. Good luck, Terry, don't let them get you down. ITEM: COURSE OFFERINGS. The SBA Veep, Jack Luzier, is leading up the working group on course scheduling. I will leave it to him to explain what has been going on. So, that's it for now. I hope to make this column a regular feature in The Opinion so to keep you informed about what is going on behind the scenes. Please consider becoming a memberof a law school or SBA committee if you are interested in changing the way things get done around here. Look for notices describing the types of positions available. If you have never given a damn before, give it a go this time around. I assure you that your time will not be wasted. by Jack Luzier, SBA Vice President Welcome and welcome backl Although school is a lot of work, effort and responsibility, one thing that makes it better, at least here, is all the good friends. I'm writing this letter to let you know some of the things we will be working on in SBA that I will be coordinating. The course offerings, schedule, class sizes, etc. have been a major headache for mapy students this semester, especially seniors. There is a little known committee called the Academic Policy and Program Committee which supposedly should dealwith many of these concerns. However it has been essentially dormant in recent away! I said, "Hey I want to be part of that organization I" Well, I've found out that the SBA is more than just a social organization. It is a group of people concerned with making our three or four years of law school at UB the best possible experience that it can be. There's a number of different issues, such as the number of classes offered for a semester or late grading by professors that we have yet to encounter. Right now we are experiencing different problems, first year problems. A lot of us do not know each other and many of us are in Buffalo (home of Jim Kelly) for the first time. These are legitimate concerns and we must address them. As an SBA member, I would make your concerns my con- continued from page 8 cerns! I would work together with you to overcome whatever problems we might face and to make this year the best it can be. Let me work with you to make OUR first year the best possible experience for all of us! Please vote for me, Mark Narby, for first year Director of SBA. Thanks and GOOD LUCK!!! Treasurer Candidates by Vicki Argento, Treasurer My name is Vicki Argento. Last spring I ran for SBA President. I ran for president because I believed that being president was the best way for me to work for the students of this law school. Although I was not elected, I remain very interested in being involved in the SBA. I had planned on running for third year director this year until it was brought to my attention that Terry Gilbride had resigned as SBA Treasurer due to other commitments. I believe that I am the best person to fill this position. I served as the Treasurer of the Association ofWomen Law Students last year. I was also a Second Year Director of the SBA. For three years while an undergraduate I worked as a part-time bookkeeper. My past experience and my capacity to work with others will serve me well if I am elected Treasurer. As a past member of the SBA I am fully aware of the great time commitment the office of Treasurer entails. I stand ready to devote as much time as is necessary to get the job done. Jean-Claude F. Dugue, Treasurer TheTreasurer's position is an integral part of an organization and it requires an individual to be qualified and dedicated to the position. The position also requires one to be assertive, flexible, and understanding to the situations that will arise. I am interested in the position because I sincerely feel that I possess these qualities. In college I took part in many organizations various in capacities. Regardless of my role in an organization either as a leader or as a member, I dedicated myself to the improvement of that organization. I don't think that one has to be an executing member in order to improve an organization, but on the other hand a leader has to be responsible for the improvement of that organization. Anytime one is elected by his peers, one has to be responsi- ble for the burdens that come with the honor. I am ready to assume my responsibilities as Treasurer of the Student Bar Association. I am enthusiastic about the position and more than willing to work with theothermembers presently on the SBA. I have had prior experience as Treasurer in my undergraduate career. I am committed to making the StudentBar Association a more accessible organization to law students as well as the other groups on the UB Campus. We have to strive to make the SBA not just a law student's organization, but a student organization that will show its concerns about the many problems that face all of us on this campus. continued from page 7 lations for future executive and director elections. After the new ing. Terry board is in place we will form an ad hoc committee to work on this issue. Any input, support and assistance will be greatly appreciated. SBA V.P. Jack Luzier Photo By Paul Hammond years. That hibernation is about to end. We have three representatives on this committee who will be appointed after the board is in place. I will help coordinate input and policy from the student's end as soon as things get rolling and Brett and I will keep in contact with those in power as we have already been doing. On the brighter side of this issue, Dean Newhouse has been very receptive to our ideas and was a great help in getting Seniors into the courses they need. The SBA executive Board has been concerned about the lack ofcommunication between and among the various law student organizations. To help withthis problem, there will be a meeting Wednesday, Sept. 17 at 5 p.m. in the first floor lounge for representatives from each law school organization which receives SBA funding. The executive board will discuss various policies and practices weare instituting. If you're a member of a group or are interested, stop by. I will be acting as liaison from SBA to the organization. When it comes time for the budget hearings, that communication withSBA will help. I will also be drafting proposed election rules and regu- This year the SBA Executives and Directors will be holding regular, scheduled officehours. Each Director will be expected to be in the office (room 101) one hour each week and the executives will be in the office at least two hours per week. The days and times will be posted on the office door after the board of directors is in place. If you have complaints, ideas, information or just want to talk you know where to find us. One final point. It is easy to complain. It is much harder to commit to effort toward change. But, if we don't make the effort, give the time, commit, we have no one to blame but ourselves. We can make a difference but only if we get off our behinds! Have a great year! by Terry Gilbride, SBA Treasurer While our financial disbursement system is essentially the same as it was last year, there are several rather important everyone which changes should be aware of. First of all, last year's SBA Board of Directors attached a condition to all SBA funds which prevents organizations from making line changes without Board approval. Thus, if you are planning on using any of your budgeted funds for items not contemplated by the budget line title, you must have prior Board approval or I cannot process your voucher. The most important change of the year, however, involves photocopying. Last year, all but four law school organizations photocopied substantially in excess of their duplicating budgets. As the parent organization, SBAwas forced to honor these debts (some cost overruns were as high as $100) Accordingly, all law school organizations no longer have access to the main copier on the third by Karen Buckley, SBA Secretary Hopefully you've all squeezed into a parking space, DebtorCreditor ahd your lockers by the time this gets printed. Despite all the hassles of thefirst weeks of the semester, It should prove to be a good year,and the members of the Executive Board of the SBA will dotheir best to see that it is. However, we do need your help. For my part, I'll try to see that everyone is informed of SBA events and projects by submit- ting the meeting minutes to The Opinion for everyone to read SBA Treasurer Terry Gilbride Photo By Paul Hammond floor. Instead, each group will receive a vend-a-cardfor use on the library's copiers (These cards will be distributed in the next week or two). Moreover, photocopying 20 or more copies of the same document is no longer allowed. These items must now be brought to the law school offset room on the fifth floor. While these measures may impose some inconvenience on your organization, it is the only way we can insure that the budget constraints set forth by the SBA are being respected. Finally, about vouchers there is a right and a wrong way to fill them out. I can safely say that if you try to do them on your own you will probably do it wrong and I will just have to do it over again (thereby delaying your request for funds). To make matters flow more smoothly, just drop a note in my box (397) or stop in to the SBA Office (101 O'Brian) and I'll be more than happy to show you the correct way to request — money from Sub Board. SBA Secretary Karen Buckley Photo By Paul Hammond during low points in class. Also, calendars will be posted in the mailroom and on the door of the first floor lounge which will be used to schedule meetings, happenings and gatherings sponsored by the various law school groups. Finally, I am available to receive questions, ideas, complaints and comments on what the students would like to see accomplished this year, so feel free to stop and talk to me or drop a note in my mailbox. Good luck during the semester. I hope I get a chance to work with many of you to make the year exciting, fun-filledand productive. September 17,1886 The Opinion 9 �Guide For Great Sundays: The Bills And Beer by Kevin O'Shaughnessy ated themselves Saturday night and are far too hung over to fully participate in the orgy of eating and drinking that is a football game. The caravan should arrive at the stadium at least four hours before game time. (Football Fan Etiquette: All passengers should pay the $3.00 parking fee in appreciation of the hung over driver's herculean effort.) All traffic hassles are avoided by arriving early and your enjoy the carnival like atmosphere that pervades Rich Stadium parking lots prior to kick off. After arriving, the grill should be set up immediately! The grill serves a dual purpose: cooking and heating (besides everybody loves a good fire). The cooler should be. opened and severely iced bottles of beer (hair of the dog) must be distributed to all members of the caravan. Genesee Beer (not the bowls. I recommend eating heartily before entering the stadium. Rich Stadium food prices are reminiscent of food prices during the incredible inflation accompanying the fall of the Wiemer Republic in post World War I Germany. A small box of popcorn is $2.50. Glasses of ale a.k.a. The Green Death or Screamers) is the traditional favorite and should be present at all times. The only adequate substitutes are Rolling Rock or Iron City Beer. No true Bills fan drinks wine coolers. They are The 1986 Buffalo Bills were observed in action against the NewYork Jets last Sunday. It is this learned prognosticator's opinion that they will win at^ leastfive gamesthis year. More importantly, they are exciting to watch. The Buffalo Bills have had championship teams (1964 and 1965) and one of the greatest running backs ever, (if you don't know who you probably stopped reading this article after the first paragraph). They have never had a great quarterI don't like back (sorry, Jack your politics either). They may have one now. If you followthis article carefully, you will have a great time watching him try to fulfill his potential. beer are $2.00 and $3.00. The mark up is incredible and the message is clear: Party in the parking lot. After feasting, take a walk around. The parking lot is loaded with interesting parties, people and the occasional pagan ritual. Frisbees, footballs, and stereo systems fill the air. Make sure you keep track of the time so you don't miss the kick off. Before entering the stadium, make sure you have left enough beer and food for the post game warm down party. This party is essential to avoiding traffic hassles. Make sure you're in no hurry to leave the parking lotfor several hours after the game. neither wine nor cool. Hard liquor is to be saved until the coldest days of November and December; and even then only in moderation. Remember: you're winding down the weekend. A drinking equilibrium is to be maintained. Y6u have come to be a part of a festival of football, not to be intimate with the stadium toilet group has plenty of time to The best way to see a Buffalo Bills home game is to pack as many friends as possible into several cars andform a caravan to Rich Stadium. The designated drivers should be those unfortunate souls who obliter- ... More TAP Funds Made Available by State Larger Tuition Assistance Program awards are now available to a wider range of students, as a result of legislation signed July 17 by Governor Mario M. Cuomo. According to Dr. Dolores E. Cross, President of the New York State Higher Education Services Corporation, the legislation (Chapters 284 and 286 of the Laws of 1986), increases the size of TAP grants to both undergraduate and graduate students, and extends undergraduate TAP eligibility to students whose family income is as high as $32,000. "As many as 11 thousand additional students may now qualify for TAP grants as a result of the expanded eligibility provisions," said Dr. Cross. Over 200,000 students will receive increased awards. Any student who believes he may now be eligible should apply as soon as possible. The measure creates new awards payment schedules which will provide New York and additional $46 million in TAP grant money. The total State grant and scholarship budget is now $460 million, a figure which reflects a 9 percent increase over last year's aid level. The income ceilings for eligibility for the TAP Program have been under- graduate students. Dependent students or independent stu- dents who are married or have The Buffalo Public Interest Program will be having its first meeing on Monday. September 22 at 3:30 p.m. in its office (room 10 in the basement, two doors down from the jury room). Everyone who is interested in becoming part of BPILP is encouraged to attend. If you are unable to attend, please . Association 1 THE PASSWORD: 1 , I \ . I \ I 10 be held there. — \J\Jm/ /rVB r-^d \ \\_^ %B £> \ M^J I ——— ) \\ \\ \\ J/ iM\t // // TW^f \O /j6? I The Opinion September I?,' 1986 I // / / _ " At* attention all 2nd A 9 •« « 3rd year studentsThe first oraan tf)e / I i at 5 i 1/ / / ■ «—~"^ "«•Ywk10001 *•* (23-336) (21J) 594-J696 (201) in P°*«P th? ZV'!**" competition is atina urageef to - attend. "You are unable t« to atte"d or have any ques / t~ r-i mr! UOLp EVEMTW(,! IT'S TIME FOR ANOTHER. 7 "REASONABLEMAN" POP JL, QUd! TOPAV'S MtsnoH: WHAT'S TMP&U- WITH j WILLIAM REHNaWST'S /%'[ jf WHEN ASKEP iKkjT\tr\mS /A? tuc Iadmit THE rckicci^ ABOUT GENESIS /1B«( X*• Vl\ OF HIS BIZARRE. \m \( COIF, TUB WOULV-8E }J cajpm / / rune TO '^Cv m FORn, ir *£ v C.J.,TKUb -4 X REPLIED,«I PON'T \ 1 4 Z MarB°f Jf . r"' / // / / // i , A I <-'^'lv I ' STILL RECOVERING. I FROM SSw IUFvicTIMnF R *Ht-VlLllMUt A A TPALir IKAbIC °- MiIMMM) ROATINr ArLHILUHWD BOATING ACL, 1 \ igurp , I IS REHNQUIST WHimSSuZEXm- I A , 1 jA LJ jL Julie 6 80x#576 B»»«7 'Box #861 4%^ R£M£HBe*-" p.^ RjI**" ■ In°X*6°' 1 ■ sft/dem s 'ears «) I —r - °"«Board wi// be e'° on W«fnesda II ===——— ~™ /pM M \V wfWWf i\ V/l «Lx^ wiiSivX V^T "^^P>\#Ov \ fcien'"nS ■ WI" ai&" ./ I rtv p 7Ifr^t^^—^^^W/ // $5,000. QtudeHtS aVV men i/i/ o » a PW» ?*™ 22, 31 » X 3eM lc . OLir,ge Monday, ConterTlber » Faculty LU" r oO h F sth OH, TAD! ARE YOU TRYING TO TELL ME THKT YOU'RE...YOU'RE -. A... A FEDERALIST-!! . OTf 'ne^ I —I (< fiT\ action," Dr. Cross said. "HESC will recalculate the awards and notify the student of any aid increases, in accordance with the new schedules." The New York State Higher Education Services Corporation is the State Government agency which provides financial aid to eligible students in the form of grants and scholarships, and through the guarantee of loans, for full and parttime study in colleges and approved business and vocational schools within NewYork State. . '•—' announces P" leave your name and box n«mber in box 434. BPILP will keep you posted on fu- II "Students who have already applied for a 1986-87 TAP award need not take any further Bulletin Board __^ ture events. increased for For independent students, the maximum award is increased to $2,000 at degreegranting and not-for-profit institutions. The maximum annual award for these students at non-degree proprietary institutions remains at $1,800 For graduate students, the maximum annual award has been doubled to $1,200. The legislation has also expanded the income brackets within which low income students qualify for a maximum award. For example, dependent undergraduate students whose total family income is less than $6,500 can now receive a maximum TAP award. Previously, the cut-off point was tax dependents are now eligible for an award if total family income is less than $32,000, up from $29,000. The income ceiling for independent students who are single and have no tax dependents has been increased to $10,000 from the previous limit of $5,666. The minimumaward for eligible undergraduate students is now $350 per year. Maximum annual awards have been raised to $2,850 or tuition whichever is less at degreegranting and not-for-profit institutions. At non-degree proinstitutions, prietary the maximum award remains at $2,200 or tuition, whichever is less. caw,)jI nUNtY or wicr bf\viNb moufv LET' TIN6MARSHALL TUT UlSullß D OTHER '^ '' . { I ' I �Newell continued from page I Mapst College was "much more fragmented" than the situation at ÜB. She is quite happy with the present leadership, and is pleased to be working with Wade Newhouse, the current temporary dean. The duties of the Assistant Dean are many and varied, and Newell has already formulated - some plans with respect to these duties. "Things are not stagnant here," and this quality seems to please her. Regarding her position as director of the Legal Methods program, Newell predicts "there will be some changes" in the program itself, and students will be "actively involved" in deciding upon and. implementing any changes that will be made. The job description forAssistant Dean was very specific with regard to qualifications. It indicated that "candidates must have a J.D. degree (preferred) or an M.A./M.S. in an appropriate field." It required J.D. holders to have "at least two . years' experience in a legal and/ or administrative capacity," and any candidate had to\be "self-directed in their work and problem-solbe practical vers.. [and] enjoy working with students, faculty, and fellow staff members." And because the person who occupies the office of Assistant Dean is The Opinion schedule for the 1986 Fall Semester is as follows: often called upon to play the part of guidance counselor, there is an inherent. need for someone who is accessible, personable, easy to talk to, and willing to listen to students' complaints, problems and ideas. Aundra Newell fills the bill quite well. National Lawyer's Guild will hold itsfirst meeting on September 22 at 4 p.m. The room number will be announced later. Watch for postings. ISSUE DEADLINE* LAYOUT** 27:3 Mon.,Sept.22 M0n.,0ct.6 Thurs. Sept. 25 Thur.,Oct.9 Wed., Oct. 1 27:4 27:5 27=6 27^7 27:8 NationalLawyer's Guild Steering Committee PUBLICATION Wed., Oct. 15 Mon., Oct. 20 Thur.,Oct.23 Wed., Oct. 29 Mon., Nov. 3 Thur.,Nov.6 Wed., Nov. 26 Mon., Nov. 17 Thur., Nov. 20 Wed., 26 Mon., Nov. 24 Sun., Nov.30/ Fri.,Dec.s THE PASSWORD: hcirhn •Deadline is 12:00 noon. ••Layout will be in The Opinion office, room 724 O'Brian Hall at 6 p.m. All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office, room; 724 O'Brian Hall. Gumby Says .... Avenue. Sake 62 New York. New Vwfc 10001 (112) J94-3696 (201) 62MX3 41$ Seventh Registration s —^""^—^W Don't be a continued from page I for making sure there are enough classes to accommodate all the students. There is a committee in place to advise the dean, the Academic Policy and Program Committee. However, it is concerned only with the structure of the general curriculum, not with the questions of class size. Newhouse wouldn't comment about plans for next semester. "My point was to get this semester going." However, "obviously the second step is to use the experience this time to try to avoid this in thefuture. That is essential," said New- house. Activity Fee . continued from page 4 budget. Concerns about the financially strapped students could be alieviated by a provision for fee waivers. Many other SUNY student associations do this with little abuse. Raise the fee. It is a small price to pay for a better education. — _ R E o II _ M WHEN: THURSDAY, SEPT. 18 AT 3:30 PM WHERE:iO'BRIAN HALL ROOM 724 V' BEER/PIZZA/POP S • PROFESSIONAL TYPESETTING 'OFFSET PRINTING FAST SERVICE COMPETITIVE PRICING • • MANY • DIFFERENT ' TYPESTYLES & PAPERS •RESUME SAMPLES AVAILABLE WE ABE RESUME PfUNTINQ SPECIALISTS! CALL US Oft VISIT US FOR A QUOTATION TODAYI 3171 Main Street Q^^^NNir Nla Fads Blvd. NY IniViSjP) . 834-7046 1676 Tonawanda, September 17,1986 The Opinion 11 �■■i BAR/BRI ■■ ■■■■■ IS THE poi ipqp vni i I 881 SWEAR BY :S$:::::::::::::::::::::::%¥::::>^^ &?:&v:5:?&::::^ 1 NOT AT. BAR REVIEW The Nation's Largest and Most Personalized Bar Review. 415 Seventh Avenue, Suite 62 New York, N.Y. 1001 (212) 594-3696 (201) 623-3363 • S&k::;^ t-i j IC\/*3nffSl^f\M (OXC////K JM m m I m&&?ffi&%^ffi^M%s^ W^^^^M^X^ *:ftS:??Sss^w^i^^::^^ i^l^fc^i^S^^^ lill^^^ii^^ Ais^§-:^:^^^i^^^^:^^^ '^^^^f^^^^^^MM^^^^^ :^§§:::§§:j§j:^^^^^§^^^^^ 12 The Opinion September 17,1986 1987 Bonnie L Mettica Sam Spiritos Tammy Gordon Nancy DeCarlo Keitn Fabi Bernetta A. Bourcy Karen Buckley Karen Grasberger Robin Chekla PaulKarp Katie Keib ay Kennigsberg Jay Lippman Steve Ricca ■ J Colleen Rogers Debbie Rosenband Robin Rosenberg Jennifer Sanders Joel Schecter Evan Sha Pro Leslie Schuman Eric Snyder LarrV Spiccasi "88 Josh Rosenbloom John J. Williams Susan Gigacz Dana Young Melanie M. Collins Lisa L Strain James M. Tierney Shart Berlonitz Cora Alsante Ramon Perez Nancy P. Steiger Steve Balmer 1987 Bill Zickl Mary Comerford Marcy Cohen Mary Ellen Gunison � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-09-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 27 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/17/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:55:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8202bd5adb75353a553dc3ba1e0b4066.pdf 10f6ed9d207362ae65901941e885595a PDF Text Text THO E PINION Volume1 27 No STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW 23, April 1986. Newhouse to be Dean for Two Year Term; New Committee Will Resume Search in Fall by Jeff H. Stern Associate Dean of the Law School Robert Berger told The Opinion that Professor Wade Newhouse will assume the deanship of UB Law School next fall, pending final approval by University President Steven B. Sample. Newhouse will serve as dean for a two year term, during which a "brand new" dean search committee will resume the search for outside candidates. The decision to appoint a new committee and resume the search effort "as soon as possible" was reached during an April 17th meeting of law school faculty members, administrators and University Provost William Greiner. Berger said that the decision represented a change from an earlier plan to suspend the out- Professor Wade Newhouse. side search for as long as three years, during which timean "interim" dean would run the school. "The main change is that we're going to wait to resume the search," Berger said. "There was no way to know for sure that we'd be able to do any better if we waited three years [to renew the search]," he explained. Noting that the previous search committee took an en- tire semester to get organized, Berger said that the new com- mittee will be formed over the summer and "in place and ready to go in the fall." Berger also said that arrangements would be made with SBA to get two students appointed to the committee who will be able to work with the group this summer. At the April 17th meeting, Greiner informed the Faculty that he would recommend to Sample that Newhouse serve as dean for a two year period. Although Berger said that Sample's approval was just a formality, Newhouse was reluctant to comment before thedecision is made official "I feel strongly about making remarks when nothing's been decided officially," Newhouse said. "I regret not being able to say more because I know it's the last issue [of The Opinion] and the students have a real interest." Newhouse did say, however, that he has "made it clear" that he would accept the position if formally asked. Berger said that, at the meeting, Greiner also indicated a committee of faculty members would be formed immediately continued on page 12 Search forAssistant Dean Has Yet To Begin by Krista Hughes While UB Law School has been concerned with finding a permanent dean, there is another imminent vacancy in the administration that has received little attention. At the end of theschool year theoffice of assistantdean ofAdmissions and Student Affairs will be empty as Steve Wickmark's temporary stay there comes to a close. Steve Wickmark has occupied the post of assistant dean since the beginning of the fall '85 semester. His term there was to last until February, when former Assistant Dean Vivian Garcia was to return frorr maternity leave. However, in November, Garcia announced that she would be resigning in order to spend more time with her newborn daughter (see The Opinion, December 2, 1985; Vol. 26, No. 6). Wickmark then agreed to stay on as assistant dean until the end of the school year. NowWickmark's term has almost expired, and no one has yet beenchosen to replace him. The search for a new assistant dean is in its earliest stages, although Acting Dean Schlegel hopes to have someone for the job by July 1. According to Wickmark, the administration will definitely "need to appoint someone before school starts"; they are "clearly going to fill the position, it's just a matter of when." It is not clear at this point whether a formal search committee will be established, but if one is created, it "won't be large." Dean Schlegel remarks that he "could use helpful suggestions from students" regarding the search. ,. Assistant Dean of Student Affairs, Steve Wickmark. photobyPtun mmo«d Brett Gilbert Elected SBA President; Luzier, Buckley & Gilbride Also Win by Peter Scribner while Brett Gilbert beat out three other candidates to become the next President of the Student Bar Association in the first ever spring election for SBA officers. Gilbert received nearly forty percent of thepresidential vote. SBA Election Results President: Brett Gilbert Vicky Argento Todd Bullard John Williams Vice President: Jack Luzier Brian Bomstein Secretary: Karen Buckley Nancy Steiger Treasurer: Terry Gilbride Cora Alsante Susan Biniszkiewicz. .... 127 77 68 64 174 144 198 114 128 102 .44 opponents Vicky and John Williams each received approximately one fifth of the votes cast. Had none of the candidates received at least one third of the ballots, a run-off would have been required. Jack Luzier narrowly defeated Brian Bomstein for SBA Vice President by a margin of 55% to 45%. Karen Buckley won a more decisive victory over Nancy Steiger for Secretary. Buckley received 63% of the ballots. In a three way race for Treasurer, Terry Gilbride won 44% of the vote, compared to 35% for Cora Alsante and 20% for Sue Biniszkiewicz. Gilbride was the only successful candidate in a slate of four candidates, including Alsante, Bornstein and Steiger, that ran together as a ticket. Another pre-election tactic, a public endorsement for Vicky Argento, Todd Bullard Argento by graduating SBA of- ficials Lori Cohen, Jerry O'Connor and Colleen Rogers, also proved unsuccessful. In fact, the endorsement itself became an election issue, as seven SBA directors wrote to The Opinion and complained of the secrecy surrounding the move and the appearance that the endorsement might be interpreted as an offical SBA act. The endorsement dispute underlined a growing conflict between this year's SBA President Lori Cohen and Vice President Todd Bullard. One possible contribution to the presidential result might havebeen that voters active in SBA politics may have split their votes among current Directors Bullard, Argento and Williams, thus helping Gilbert, the only non SBA Director in the group, to win. Nearly two thirds of the first continued on page 2 No one individual has yet been singled out as a good potential candidate, although there are still "a couple of people" who wanted the job when Garcia left. In order to facilitate the search, a job description has been prepared that needs only to be approved by University Provost William Greiner before it can be sent to various universities. According to Steve Wickmark, his "understanding is that they will do a national search." The job description specifies that "candidates must have a J.D. degree (preferred) OR an M.A./M.S. in an appropriate field." Applicants with a J.D. must also have "at least two years' experience in a legal and/ or administrative capacity." Individuals with an M.A./M.S. must have "at least four years' experience in positions that have required work in admissions recruiting, student guidance and counseling and minority affairs." In addition, all applicants must be "self-directed in theirwork and be practical problem-solvers; must write with clarity and felicity; and must enjoy working with students, faculty, and fellow staff members." The job description lists the respondean's assistant sibilities as "admissions recruiting and contacts with prospective students; student projects such as organizations, commencement, and honors convocations; and school publications." It neglects to mention theassistant dean's special concern with minority student affairs, and his or her role as director of the Legal Methods Program, which involves coteaching the first-year first semester Methods Legal course. While the major emphasis in Legal Methods is on the first semester, the assistant dean maintains a counseling vole throughout the students' schooling, which Wick/nark sees as the "most meaningful and most worthwhile" function' of the assistant dean. Steve Wickmark is unsure where he will be going when he leaves ÜB, but he is hoping for something that will allow him to combine his past experience as an administrator in Juvenile Justice programs with teaching. Wickmark is leaving for "personal reasons" because he sees himself as at a point in his life where he "can't afford to take another temporary position." Applications for the position of Assistant Dean of Admissions and Student Affairs are being accepted until June 1, 1986, leaving a month until Schlegel's hoped-for deadlineto consider and interview any potential candidates. The job description bills SUNY as "an affirmative action and equal opportunity employer," and as Steve Wickmark sees it, the administration "needs to find a highly qualified woman minority," someone like Vivian Garcia. Inside ... SBANews Magavern Fellows Editorial Gumby Year in Review. . 3 4 8 .11 13 .and much, muchmore! �Administration "Washes" Away Marcus Affair who are innocent of any wrong- by Dana Young The crisis over cheating on the final exam in Marcus' Family Law course has finally ended. In a recent memo to students enrolled in the course. Acting Dean John H. Schlegel said that the investigation into the cheating matter has failed to uncover "sufficient evidence" to prove that "it [cheating] did occur or to accuse any particular individual at this time." Therefore, he has released the Family Law course grades. Regarding these grades, Schlegel said they were based "solely on the content of the answers." He was assured by Marcus that "exams receiving a grade of D or F were definitely below the level of performance required to obtain a satisfactory grade. This decision marks the end of a controversary which has been prolonged for over two months and has been the source of much frustration for students and the administration alike. While many students have expressed relief that "it is over," the repercussions of the event may have yet to be felt. The cheating controversary was the focus of two stories in the Buffalo News; one on April 1 st, and one a week later (when grades were released). The beginning ofthe most recent story stated tht Schlegel has "released the grades of a class suspected of cheating on a final exam ..." Thus, the perception of the incident has blossomed from individual allegationsof cheating, to cheating by an entire class. Not only have all of the students in this class consequently been stigmitized, but the law school is stigmitized as well. The action of cheating is not an isolated one; it can create reverberations throughout an institution and in the community at large, as witnessed here. The decision not to act on the allegations of cheating, and to release the grades, was based on a culmination of events, one of which was a meeting between Schlegel and students on March 25th. "After consultation with you as a group and with others," Schlegel wrote, "it would be wrong to proceed in any manner that would penalize the majority of the class o^TEgS rirasSe) doing." Students seemed concerned about three basic issues regarding the Family Law exam: why theadministration has not done anything about the problem up until now, what information the administration has based its allegations of cheating on, and what will be done about posting grades and prosecuting the alleged cheaters. The crowd showed open anger over the administration's handling of this problem. Professor Marcus suspected cheating on a wide scale and turned the exams over to Schlegel back in February. Rumors have been rampant since. Yet all parties with legitimate information refused to comment on the matter until the middle of March, when a small notecard was placed on the gradeboard saying that cheating was suspected on the exam and that grades would be withheld until the problem could be dealt with. Student Shari Reich seemed to speak for the crowd when she stated that, at this point, the concern with cheating has been overridden by the administration's handling (or lack of handling) of the.problem. "It was like a black veil dropped" over the subject. She criticized the administrationfor not being open and for not having some kind of process in place to deal with the situation. "The Buffalo Model fell apart." In response, Schlegel said that the problem "rips him apart," that he can't believe it and has hesitated to do anything which would reflect poorly on a large majority ofthe class. Consequently, nothing was done until last week. The question arose as to the proper forum to "process" such problems. Some felt the Faculty-Student Relations Board (FSRB) had bucked its responsibility. The FSRB is the usual procedural forum for cases of academic dishonesty. So why wasn't this "process" instituted immediately? Marcus responded, as head of the FSRB, thatbecause of the numbers involved, the consequence of setting the FSRB machinery in motion would have been total disruption of the student body. She felt that SPECIAL! FOR STUDENTS & faculty With this ad... PACKAGE OF 50! Includes biacKthk) x 11, 1 pg. resumes •• Typeset 50 Matching Blank Sheets • 50 Matching Blank Envelopes (BV2 igr NOW §gE®§ CHOOSE FROM PAPERS! VARIOUS TYPESTYLES & SAVE $5.00 NOW 3 DAY SERVICE Expires 4/30/86 Save this coupon. — Serving North & South Campusesl 1676 Niagara Falls Blvd. 3171 Main Street 834-7046 635-0100 Tonawanda, NY 14150 Buffalo. NY 14214 2 The Opinion April 23. 1986 now is mild compared to what would have been felt has the FSRB started ferretting out individual people and prosecuting them. Basically, the FSRB is ideal for handling small, individual problems, but this seems to be a systemic problem. Is the cheating problem really as big as the administration claims? With no process in place for gathering proof and information, one wonders what the allegations are based on. While Schlegel offered no number of suspected cheaters, he stated that it was more than a "trivial number." The allegations against these students came from people he "trusts." This comment was met by hostile stirrings in the crowd. Questions were left unanswered as to whether trusted individuals were students in the Family Law class, and whether they might have in fact cheated and turned over the names of other students who cheated in return for amnesty. Students' were queried on what they felt should be done about the situation. There was a split in the class on this issue. Kevin O'Shaughnessy spoke for a large number of students by stating, "There is no way to solve the problem." He raised everyone's fear that innocent persons would be accused. His solution call the whole thing a "wash." Other students vehemently disagreed with this position. They claimed that to call this a "wash" takes away the "process." Those persons accused of cheating should go through the proper legal process. If they are innocent, their innocence will prevail. That is how the justice system operates. To take away this process is to undermine the basic tenets of our jus- — tice system. In response, the "wash" emphasized that there could be no true process in this case. It would be one student's word against another's. Furthermore, the problem is unique in that everyone will continue to be punished until the administration decides not to punish because it is impossible to find and prosecute everyone who may be guilty. The problem is not as simple as saying "punish the guilty and leave us alone." Schlegel set the pace for about the philosophizing underpinnings of broader academic dishonesty at the beginning of his "lecture and piece," and comments relating to this were interspersed throughout the long discussion. He claimed that the question isn't so much whether 48 hour take-home or floater exams are good, but of what our "norms" are. " Howdo we enforce, not with guns and clubs and sticks and inquisitions, but out of the gut, the norm; that knowing the exam question beforehand is scummy and disgusting behavior ..." He went on to point out that it is useless against cheating unless we definewhat the "norm" is regarding academic dishonesty. The example given was that of drugs. Drugs are illegal because the norm doesn't suppport their use. Analogously, cheating has been viewed as unacceptable and reprehensible behavior. Has this norm changed? If so, how does one reestablish the norm of academic integrity? Such are questions which Schlegel implied need to be raised. Some insightful discussion was prompted on this topic despite students' more specific concern with their individual fate regarding Marcus' exam. Larry Basel raised the point that it is not clear what "cheating" is. In the instance of the Family Law exam, cheating was know lege of the exam questions. But, what if there was no intent to obtain the knowledge i.e. if information was overheard? Does asking if the exam was "easy or hard"constitute cheat' — ing? In response to the former question, one student said that once one has knowledge of information pertaining to the exam, he/she shouldn't enter the exam with that knowledge, no matter what the intent. The person should go to the profes- Elections and second year students eligible to vote cast ballots this year, , a turnout that Lori Cohen characterized as "higher than last year, but not much." The five SBA constitutional amendments that were on the ballot also passed by large majorities. President elect Gilbert was still overwhelmed by his victory when he spoke with The Opinion the day after the election. "I'm glad I will have the summer to think about next year." Gilbert is a second year student who lives in the area, and who has both an undergraduate and graduate degree in Philosophy. Before going to law school, he spent some time in the Peace Corps in Ghana and was a high school teacher in New Jersey. Gilbert is particularly interested in tackling the problem of late grades, which he believes demonstrates a "bad attitude" by the procrastinating teachers. He agreed that the idea of not posting any grades until all the grades have been handed in was a good one. And if necessary, he foresees student demonstrations, including sit-ins, as possible measures that may have to be taken against offending teachers. Another major concern of Gilbert's is the casual treatment of the first year Legal Ethics course. "This class is clearly not taken seriously, either by the students, the instructors, or by the administration." He believes that the course ought to be broken down into smaller groups, and taught in a more challenging way. Gilbert characterizes himself as an enthusiastic and optimistic person. For example, he never believe that his gayness would be held against him in the election. He "came out", or publically revealed for the first time his sexual orientation, in a letter to The Opinion last year. Since then, he says thereaction he has received has been "100% positive", which is one reason that in another letter to this newspaper last Fall, he strongly encouraged others to do the same. In general, he would like to continue to speak his mind on controverisal issues, although he recognizes that others may have difficulty sor and *see if they should be required to have a new exam question. However, someone was quick to point out that the current Honor Code cites no affirmative duty to act in this manner. How do we reinstate the norm? One student emphasized that it is the function of the community to maintain the norm. "Let people know they're not 'cool.'" Several people felt that it was not up to this particular class to even define the norm; the question as to defining the norm and enforcing should be opened up to the school. Elan Gerstmann recharacterized the cheating problem as symptomatic of the larger problem of student alienation in (law) school. Students go to class, have little control over whatis taught to them, and take exams based on the professor's perceptions. Students can easily feel alienated and turn to each otherfor support. Seeking support is not necessarily a negative thing. In this class, students perhaps felt more alienated than usual, and this condition was exacerbated by giving a floater exam. Student support that might normally be positive was misused. Schlegel agreed that the exam system is not a particularly good one. "A system which forces people to work individually is extremely difficult. It is difficult for human beings to work separately." He raised the broad and important question of what one is to do when one is incapable of generating an exam system which recognizes the jointness of most work efforts in this world. Schlegel offered no answers as to the questions he raised; rather he seemed more concerned that students begin to think about these real life issues. "The problem is yours, not mine. How do you establish and enforce a norm of trust in each other that supports the exam system?" • continued from page I separating his official views as SBA Presidentand his personal opinions as a habitual "gadfly." The next SBA Vice President, Jack Luzier, also lives in the Buffalo area, and taught special education for four and a half years before going off to law school. Luzier has been particularly involved in environmental issues, especially with the Sierra Club, and is an officer of the EnvironmentalLaw Society. Luzier believes that too often law school problems are approached in an "us-againstthem" approach, which he believes "only inhibits the im■plimentation of positive answers to our problems." Third year student Karen Buckley, elected as SBA Secretary believes law students should have "more input into decisions" involving the law school. She is also considering plans to improve law school publicity by way of a newsletter. Terry Gilbride, the new SBA Treasurer, worked on the Finance Committee this past year. Among other things, he would like to see a permanent Dean installed, and maintenance in O'Brian Hall improved. �SBA Passes Resolution, Discusses Budget by Peter Scribner At its last meeting of the year on April 17, the Student Bar As- sociation passed a resolution which will prohibit members of the SBA Executive Board from becoming members of the executive board of any otherLaw School organization. "Executive Board" refers to the positions of President, Vice-President, Secretary and Treasurer. The measure, which was passed without opposition, was designed to avoid potential conflicts of interest. A second proposal, which would have prohibited any student from acting as an executive board member of more than one law school organization, was discussed but was withdrawn by its authors and was never formally voted on. The thought behind the proposal, which was read by outgoing President Lori Cohen and backed by outgoing Treasurer Jerry O'Connor, was to avoid interlocking officerships. Officers in one organization might use their influence to aid another organization in which they were also an officer. But opponents challenged SBA's authority to restrict the activities of non-SBA students, and also contended that the measure would only penalize those who are most active in student organizations. The SBAirttocated $50 to the undergraduate Gay And Lesbian Association to help fund a rally on April 19 featuring Flo Kennedy. The Gay Law Students Organization is a cosponsor of the rally. Afterthoughts on the annual SBA budget meeting, held two days earlier, were also discussed, although no formal actions were taken. Some members thought that too much SBA money appeared to be going towards social activities by student groups. "Some organizations are giving a new meaning to pot luck dinners," according to Jerry O'Connor. A pot luck dinner is usally considered to be an event where each person brings a dish to pass at their own expense. Apparently, some organizations have been holding pot luck dinners where Library Committee Notes improvements by Karen Peterson The faculty-student Law Library Committee met early this spring semester and discussed several issues, notably exam space, exhibits, and videotapes. 1) Exam space this always comes up, and usually includes complaints about non-law students studying in the library. The law library can seat more than half the law school at one time, about 540 seats, not necessarily with desk or table space; this includes 41 private — carrels, couch, and mezzanine seating. Each of the past three years has seen some further attempt to accommodate law students without depriving other students of access. However, law exams are scheduled earlier than other students' exams and other students have legitimate need to use the library for research at this time. It has also been pointed out that we are part of a university library system and a state funded school: accessibility by those other than law students is both necessary and desirable. Law students, themselves, often use the law library as a study hall reading their casebooks, not necessarily doing legal research. What has been done, however, was to limit the private carrels to law students'use, and during exams law students may reserve one by signing up at the reference desk on a first come, first served, day-to-day basis. Patrons are asked to observe quiet in the library during exam period. In response to complaints about lack of choice space in which to take exams, law library director Ellen Gibson suggested we might be able to limit access on a volto untary, non-policed basis law students and those needing to do legal research during the exam period. This depends, in part, on how the new university library director views the situation. In no event would limitation of access be policed, however, during exam periods due both to reasons expressed — — — above and limited student help during exams. The committee agreed to meet again this semester only if some new issue arose and some definite need was felt. About a month later, the 'pig in the parlor' note was distributed demanding that law students 'take back' O'Brian in righteous, Tightest guerilla style. The suggestion was taken up (probably by the same person(s) as promulgated it in the note) by someone yelling 'undergraduates out of O'Brian,' or something to that effect, into a class in session.- The pigs-in-the-parlor note was swiftly answered by Acting Dean Schlegel's memo noting that such behavior was punishable by expulsion under university rules. No such behavior was noted in the law library. Space in the library and O'Brian should improve as the building across the way opens;' however, the noise level by the entrahce may increase when the bridge to that building opens up. Should that present a problem, structural alternatives to the law library's present entrance may be considered. At present, some of the traffic into the law library is inadvertant. I find, while working at the circulation desk, that people come in and do not realize they're in the law library. This may be in good part due to the subtlety of the Sears law library signs. Last semester, with the help of Director Gibson and Assis- tant Dean Wallin's office, I posted inside the library's en trance a list of rooms and times that they were available over the exam period. There seems to be even fewer such rooms semester; available this nevertheless I will try to post such a list again this semester just before exams begin. These rooms will be reserved for law students taking exams. 2) Exhibits one of the students on the committee had an objection to the exhibit on Nicaragua, and at least one of us, if not the rest of us, thought the exhibit was quite good. The — thinks there "might be a chance that the library could get two word processors" next year. Lori Cohen reported that in her conversation with University Provost William Greiner in March, he stated that the Law Library was the only one on campus without word processing and that it would receive four word processors if he received a letter from Gibson that therewasroom to place them. the cost of all dishes has been reimbursed at SBA expense. The idea of separating social lines from program lines in organization budgets was considered, but rejected as unworkable and too restrictive, and was never formally proposed. Karen Petersen, representing the Library Committee, spoke at the meeting, and reported that Library Director Ellen Gibson This meeting marked the start of office of the new SBA officers elected a week earlier. Secretary Karen Buckley got an early start by taking the minutes during the meeting. At the end of the meeting, Lori Cohen presented new President Brett Gilbert with the keys to the SBA offices, signifying the end of one administration and the start of the next. 1986-87 SBA Budget Passed; Decreased From Last Year by Paul W. Kullman for the 1986-87 year, as SBA members cut $500 from the Dis- The Student Bar Association passed its 1986-87 budget on Monday, April 14, at 11:05 p.m., tinguished Speaker Forum line possibility that PAD national conferences are not open to U.B. Chapter members who are not national chapter members. of the administrative end of its decrease from last year. Total funding for student or- budget. SBA members also voted to cut $100 from Phi Alpha Delta's proposed 1986-87 budget. PAD, the only organization to receive a budget below that proposed by the Finance Committee, had the $100 taken from ganizations was upped from $20,610 in 1985-86 to $21,360 its conference line. Discussion at the meeting revealed the after nearly five-and-one-half hours of deliberation. The total budget forthe 1986-87 academic year was set at $35,685, a $170 There is no cost to join the U.B. Chapter of PAD, but there is a $50 fee to join the national chapter. i (For a complete breakdown of the 1986-87 SBA budget, please see the accompanying chart.) SB/ 1!986-87 Budiget $ 2,000 Telephones Duplicating Office Supplies Distinguished Visitors Forum 335 150 1,000 ,• Orientation Unallocated Athletic Fee Conventions 300 1,200 1,200 225 100 2,000 1,500 2,125 ■. Social Commencement 2,125 * Organizations * Organizations �Parents Law Student Assn Center for the Public Interest The Opinion The Advocate (yearbook) Buffalo Pub. Int. Law Program Law Students Civil Rights Research Commission Moot Court ... * 1985-86 Budget $ 200 3,000 6,520 200 1,095 .. .. Environmental Law Society �Entertainment Law Society Phi Alpha Delta Federalist Society Assn. of Women Law Students Black American Law Students ! Association Gay Law Students Org. International Law Society L.A.N.A.LS.A National Lawyers Guild Labor Society �Peer Tutorial Association ........ 360 1,025 370 200 830 395 490 1,915 615 725 1,115 1,155 200 200 '. *New organization. — itself). However, guerilla tactics, such as the breaking into the outside glass case, ripping off a poster, and tacking up a small American flag in response to the Nicaragua exhibit, are not appreciated. having re3) Videotapes cently purchased a VCR, I was interested in borrowing video- — 2,125 5,400 5,400 20,610 20,760 $35,685 $35,685 * # # ' * 1986-87 Dollar 1986-87 Actual Change From Club Committee Budget Request Proposalt Awardedt 1985-86 $ 815 $ 200 $50 $ 25©< 110 3,110 3,110 3,560 (25) 6,495 6,495 7,315 150 300 350 2,400 (95) 1,000 935' 1,200 1986-87 Finance 500 1,400 360 1,150 540 400 3,600 985 725 2,200 1,730 680 300 440 360 1,150 450 220 680 475 0 25 80 20 (150) 80 575 650 160 1,725 515 (190) (100) (50) 220 310 2,280 995 765 tLine-by-line breakdown can be obtained from SBA exhibits have improved greatly over the past year or so, and the law library director welcomes ideas for exhibits to be done by groups or individuals as the library doesn't have the staff to keep changing exhibits in the half or so dozen cases. As to the objection as to point of view the exhibits do not represent, necessarily, the library's point of view (even if it could have one as an entity in 1,200 100 1,500 $ 9,525 $36,855 TOTAL 500 900 200 $ 8,925 5,400 21,360 $10,845 Sub-Board 400 200 900 900 910 v As Passed $ 1,800 1986-87 Proposal $ 1,800 400 200 1,000 1985-86 Administration 780 1,620 515 675 675 1,105 1,280 200 200 1,275 160 1,280 200 125 0 0 200 — O'Brian 101. tapes to use for preparation in trial technique. Audio tapes go out for up to a week, and I thought could borrow a video tape at least for overnight. The clerk said no due to copyright, I although as an educational exception it might be alright. The law library director said no due to excessive replacement costs if lost many are part of sets. Nina Cascio, head of A-V was not interest in lending such media, principally because there is not equipment (and such equipment is prohibitively expensive if available) to make fast copies from the master as — can be done with audio tapes and it would take about an hour per tape to copy otherwise. So plan on viewong half-inch VHS video tapes, same as three- quarter inch tapes: in-house on one of the two half-inch VCR's available. Not part of the committee's doing, but just to note a number of improvements made at the law library in the past year: — and Lexis additional Westlaw terminals were here during late February/early March for more hands-on practice with extra guidance available. copying Change for machines is less of a problem with the advent of the decreasing balance card system installed by FSA on the three copiers (losing cards is a new problem however sign your card legibly and check with lost & found at circulation if you — — continued on pane 12 April 23. 1986 The Opinion 3 �U.B. Law Students Finish First in Moot Court pute between American Indians by Paul W. Kullman and white settlers in the fictious city of Salamander, New York. The Indians had leased the land to white settlers in the 1880's for a period of 99 years. Upon the expiration of the lease, the Indians sought to assume possession of the land and thus the city. A last minute promise by the "Albany County Executive" to give the Indians one million dollars and a 99-year lease on 300 acres of county park land induced the Indians to execute another 99-year lease. The county later reneged on the promise and the Indians brought a class action suit on the theory of promissory U.B. law students Mark Metz and Peter Abdella defeated Mike Hotaling and Brian Snover of Albany Law School on Sunday, March 23, in the Albany Court of Appeals Chamber, to take top honors in the first annual Domenick J. Gabrielli Moot Court Competition. Metz and Abdella, in finishing ahead of the seven other teams in the competition, took home the coveted Steuban Glass Bowl. This traveling trophy is now on display in Acting Dean John Henry Schlegel's office, where it will remain for one year. Though confident going into the competition, Metz said their first place ranking going into the semi-finals was a "surprise." "I thought we'd written a good brief, but I didn't know what the other schools would be like," he said. The "other" schools in the included competition St. Metz and Abdella, who wrote their brief on behalf of the Indians, won a coin flip prior to the finals and argued on-brief. Despite this added advantage, Metz said he and Abdella were still somewhat wary going into the finals. "We had the equities on our side, but the law was against final round, but it was still hard because we didn't hav\ benches that really challejigerf us in any of the preHmfiiary) rounds. But in the finatsr-thts judges went after us." Abdella agreed. "The benches we had in the preliminary rounds were really cold. We didh't get any questions. And when you've got 15 minutes left and no questions and just empty faces, that's really hard. "But fortunately we had a very active bench for the finals," Abdella continued. "They were really impressive. They knew all our cases and they really knew their stuff. It was striking." Judge Gabrielli sat at the head of that bench, together with Second Circuit Judge Roger Miner, Chief Administrative Judge Joseph Bellacosa, and Appellate Division Judges Howard Levine and Leonard Weiss. we should not be giving benefits to countries that fundamentally violate the rights of their workers." In addition, the only way to protect workers and working conditions in this country, given these developments, is to work toward their improvefTre»it in thethird world. "Unless there is an instrument that can be applied across a numberof differentcountries, there is no hope for laws that could slow down this transfer of labor," said Pharis Harvey. However, in analyzing the situation, it became clear that if labor is an immovable factor in trade, so is a market. And the U.S. market was one common factor to almost all of the countries that were shifting their production around. Therefore, if a way could be found to link the U.S. marketto human rights laws, it may provide a way to protect the rights of workers in- The GSP, which provided tariff-free access to products not in competition with American goods, was ostensibly devised to assist Third World countries in making their way into world markets. It already excluded a number of countries from these benefits including communist countries, countries that harbored terrorists, and countries that expropriated American property. In October, 1984, human rights groups succeeded in adding one more exception to this list. That exception was the exclusion of countries that do not give their workers internationally recognized rights of labor. The five rights of labor that have been specified and defined in very broad terms, are the right offree association, the right of collective bargaining, prevention offorced labor, protection of child labor, and ac- estoppel. Photosby Paul Hammond Murk Metz amiPeter Abdella. John's, Syracuse, and Albany, the host school and chief sponsor of the competition. Abdella said beating the host school in the final was espe- cially nice, but added: "we just wanted to bring some kind of — medal home to try and place. I think Mark felt like we were going to win, but I just wanted to place. I didn't want to come home with nothing." The focus of this year's competition centered on a land dis- us," Metz said. "I think we were fairly confident going into the Tie Trade to Labor Rights, Speakers Urge by Idelle Abrams integrated into the world econ- The examination of United States trade policy as onearena in which to devise strategies to protect human rights, and specifically labor rights in the third world countries, was the subject of a talk presented by the Graduate Group on Human Rights Law and Policy on March 24. John Cavanagh, a Fellow of the Institute for Policy Studies in Washington, D.C., described how the development of the world economy has brought labor rights to the forefront of the human rights discussion. Pharis Harvey, the Director of the North American Coalition for Human Rights in Korea, based in Washington, D.C, explored the dimensions of the labor rights issue as a question of basic human rights. Harvey and Cavanagh also discussed the legislation that has been passed in this area, its effects, and the attempts to get it enforced by the government. Today, said Cavanagh, the reality of the situation is that capital moves around the world "literally at the speed of light." Factories and corporations can move anywhere with ease. There are fewer and fewer barriers to prohibit companies from just picking up, leaving the United States and going to Third World countries. While technology has wrought much change in the process of production, the one factor of production that remains relatively immobile is labor. Labor therefore becomes a very important consideration for a corporation deciding where to set up a plant. And, "in a world where you have countries like China where it costs one fiftieth of what it costs here" corporations move where they can "take advantage of the exploitation of labor for their own benefit and against the interest of workers in both in Third World cou)rfries and in the U.5.," said Cavanagh. Cavanagh highlighted five factors that have influenced the development of the world economy. The first is the very rapid growth in trade over the last three decades, especially in the period after World War 11. The effect of this growth was that countries became much more omy and their own economic health became much more dependent on trade. Fueling the growth of trade was the phenomenal growth of transnational corporations. Originally, tfbmpanies moved overseas as part of the rebuilding effort after World War 11. At that time, corporations expanded into the third world looking for raw materials. But in the 19605, '70s and '80s, multinationals in Third World countries turned to manufacturing as well as mining and agriculture. Following the new manufacturing activities into the ThirdWorld were the whole array of service-oriented multinationals (e.g. banks, as well as advertising companies, telecommunications companies, insurance companies, and accounting firms). The shift in the nature of corporations was the third major factor. Corporations diversified so that now more and more corare conglomerates which are less dependent on a specific industry. When U.S. Steel got involved in financial services and the futures market it became less tied into steel and the steel communities in which it had traditionally operated. Diversification also meant U.S. Steel was less invested in the future of steel. The growth of the global assembly line, locating different pieces of the production process in different countries according to different requirements, is another major factor. To illustrate the way this operates, Cavanagh traced the production of a typical polyester/ cotton blend shirt. Production would have begun six months ago in the cotton fields of El Salvador or Guatemala. The cotton would then be sent to the spinning mills of South Carolina. Petroleum products from the oil fields of Venezuela would be porations sent to petroleum plants in Trinidad and Tobago. From there it would be sent to the Dupont refinery in New Jersey to be made into syntheticfibers. The two strands of production would meet in a weaving plant in North Carolina and the woven cloth would then be shipped to a Caribbean nation. ■ 4 The Opinion April 23, 1986 Haiti or Barbados, to be made into a shirt which would then be shipped to the U.S. to be sold. Each stage of the process is characterized by its advantageous working conditions. The highly automated tasks are performed at the mills in the U.S. that have the technical expertise, while the labor intensive work of sewing each shirt is perfdrmed in a country where wages are very low. The final major factor Cavanagh discussed is the new division of labor in the world. After World War II the U.S. produced lots of manufactured goods and the Third World countries produced and exported raw materials. In the 1960's and '70s a small group of countries including South Korea, Taiwan, Singapore, and Hong Kong were encouraged to move into manufacturing. When they did make this move, they did it in ways that kept labor tightly under control. In the late 1970s and '80s another slew of countries were encouraged to get into manufacturing— the Philippines, Sri Lanka, Haiti, Jamaica, Columbia, China with the result that now there are dozens of countries competing for indus- — try. The end result of these de- velopments is that corporations reap the advantages while the countries are leftfar more open, interdependent, and vulnerable to the world market. "In a world in which most Third World countries are ruled by dictators who will keep working conditions and wages down, corporations can play countries off against one another to get the lowest wages and most advantageous working conditions," said Cavanagh. In addition, the United States provides significant benefits and incentives to this global as- ternationally. continued on page 6 Trust Recipients: Ewing, Meidinger by Paul W. Kullman U.B. Law Professors Charles P. Ewing and Errol E. Meidinger have recently been named 1986 Magavern Fellowship Award winners. This is the first year the fellowship has been awarded. It was set up by the law firm of Magavern & Magavern in 1985, in honor of the late William J. Magavern, to support special teaching and research projects by law school faculty members. Under the terms of the gift, the law school will be provided with $10,000 per year overa 10-year period. The dean has dis- cretion to commit all or part of the annual payment from the fund to supplement the salary of each award recipient. Ewing will conduct his research in the area of criminal and juvenile law. He will be studying the problems of battered! women and juveniles in the criminal process. Meidingerwill conduct his research on the implementation of the functional equivalent of a private property system in air pollution through the creation of an emissions trading system under the Clean Air Act. ' sembly line. A trade program with Third World countries called the "General System of Preferences" (GSP) lets goods from the third world countries into the U.S. without paying any duty taxes. Said Cavanagh, "As American taxpayers who are giving our money to these programs, we don't think we should do this and in particular a Professor Charles Ewing. Photo Crrdlt: File Photo Professor Errol Meidinger. Photos by PaulHammond �Mary Dunlap Speaks on Anti-Sodomy Law by Krista Hughes Attorney, Mary Dunlap was the featured speaker at a discussion sponsored by GLSO, GALA, and GSA on Monday, , __ April 7. Dunlap is the author of an amicus curiae brieffor Bowers v. Hardwick, which went before the UnitedStates Supreme Court on March 31 of this year. That case, and Dunlap's discussion, concern the right to privacy with respect to the state of Georgia's "anti-sodomy" law which is selectively enforced against homosexuals. Harvard Law Professor Lawrence Tribe argued to the Supreme Court that Georgia's law is unconstitutional. The issue of Bowers v. Hardwick is "whether a state is free, under the U.S. Constitution, to criminalize sexual activities engaged in by consenting adults, in physically private locations, because of the gender(s) of the partners involved 'and/or because of the specific parts of the body used." The case itself involves a Georgia man for whom the police had an arrest warrant. When the police came to his house they found him in bed with another man; "Hardwick was arrested in his own bedroom and charged with committing acts of sodomy; here thereis no evidenceof violence, coercion, overreaching, or in- ... voluntary public exposure in relation to Hardwick's sexual activity." This case involves the constitutional right to privacy, and amici argue that right includes "the right of an adult person of whatever sexual orientation... to choose to engage in physically private, consenting, nonviolent sexual activities with another adult person." Dunlap briefly discussed the history of the right to privacy, citing Griswold v. Connecticut, 381 U.S. 479 (1965), as the first Supreme Court case to "expressly and explicity" discuss the right to privacy. The Griswold court found a right to privacy in the "penumbras and shadows" of the Ist, 4th, sth, 9th, and 14th Amendments to the U.S. Constitution, although Dunlap noted that "the word 'privacy' is nowhere to be found on the face of theConstitution." This raises the question of what thef ramers meant by any ot the specific language of the Constitution, and whether that meaning is to be "obeyed." Dunlap asks, "What if the framers were stupid? What if the framers were bigots?" She indicated U.S. legal history and "the fact that it took "about 80 years or so" from the ratification of the 14th Amendment until Brown v. Board of Education; "gays and lesbians and bisexual people can't af- ford to waitthat long." Theyare increasing danger of coming up against selective and stigmatizing statutes such as is in effect in Georgia. Lower courts in Georgia ruled that the state would have to show a "compelling interest" in order for the anti-sodomy statute to be upheld. Georgia stated as its best argument the fear of the spread of AIDS, or acquired immune deficiency syndrome. Both Lawrence Tribe and Mary Dunlap vigorously oppose the use of AIDS as an excuse for upholding the constitutionally invalid statute which criminalizescertain kinds of homosexual activity. To illustrate the irrationality of the state of Georgia's argument, Dunlap distributeda New York Times article entitled "New Fear on Drug .Use and Aids" (Sunday, April 6, 1986). The article first indicates that intravenous drug use has caused the spread of AIDS to rise dramatically. The rest ofthe article concentrated on studies conducted in Zaire, studies which Dunlap believes "should shake you up." The Zaire studies "affirm that heterosexual vaginal intercourse is the dominantroute of transmission of the disease in central Africa." While it is true that in the United States at present Homosexual men have the highest risk level of con- AIDS, "no person should feel safe about AIDS in the abstract." Dunlap argues that "to try to criminalize gay male sexual contact on the basis of the rationalization of AIDS is just about as sick and as it was the oppressive turn of the century for most Southern states tp segregate the races." One/problem Dunlap faced in writing her brief was how to presemTO the Supreme Court a topic as sensitive as sex. Sex, especially homosexual activity, is sometimesviewed as a combination of "blue room pornography" and a "Niagara Falls mist" that no one seems to want to talk about. However, Dunlap urges that a "degree of openness and communicativeness" about sex is necessary in society at large and also when dealing with a statute which is explicit and specific about what kinds of sexual contact are tracting psychological normalcy." The Georgia statute, then, essentially criminalizes the expression and reception of love by a substantial portion of the popu- lation. ... Dunlap's brief generally corresponds with the argument presented by respondent's rep- resentative, Lawrence Tribe. However, Tribes argument seems to focus on "privacy" only with respect to the home. Dunlap believes that focus "evades the issue of what privacy is being protected." Bowers v. Hardwick is a case which, by virtue of its nature, must focus on the right of the person, rather than drawing arbitrary ) physical boundaries. The Georgia "anti-sodomy" is selectively enforced against homosexuals, and in this area of law there exists an "incredible irrationality" which here can only mean hatred. However, this is a case of the fundamental rights of any ,iuman being, and Dunlap asserts that "The privacy decisions of [the Supreme Court], from the earliest to the most recent, support the position that it is within the fundamental rights of the individual person to make such intimate personal choices as are but not only proscribed criminalized by the antisodomy law of the state of law proscribed. Another rather delicate subject is love. Few Supreme Court briefs even mention the word, but Dunlap states in the initial argument to her amicus brief that "the need for love is natural, and thatthe determination to express and receive love of a sexual nature by engaging in sexual activities with another adult of the same gender is one possible type of behavior within the range of medical and Georgia." Career Development Holds Panel Discussion by Amy Sullivan The Career Development Office recently held a career panel discussion with four Buffalo lawyers who spoke to U.B. law students about their legal careers. There was no real continuity among the specialized areas of the four practitioners, who included' Leslie Greenbaum, William Reich, David Hoover, and Mark Wallach. Each member of the panel was introduced by Hon. Margaret Anderson, a judge in the Buffalo City Court. The first speaker was Leslie Greenbaum, affiliated with Gross, Shuman, Silver, Laub & Gilfillan. Greenbaum graduated from U.B. Law School in 1974 and spoke to the group on the area of entertainment law. According to Greenbaum, entertainment law is generally prac- ticed in the context of specialized law firms which are located primarily in New York, Los Angeles, and Nashville. However, there are entertainment law practices in virtually all major U.S. cities. In most instances and in the non-entertainment cities, these firms specialize in intellectual property, copyright, patent and trademark law. Entertainment law is often considered a spinoff of these specialties, Greenbaum said. "As an entertainment lawyer in Buffalo, I can only spend a portion of time practicing entertainment law," Greenbaum said. "There simply is not enough business here to really justify specializing in this area." His firm's clients include Rick James and the Mary Jane Girls. Most of the time entertainment law involves the drafting and revision/of contracts-that can be in the area of recording, television, and publishing. The practice is becoming more corporate-oriented" and as the major companies have become in themselves, there is a need for in-house council staff, Greenbaum said. concentrated Greenbaum concluded: "It (entertainment law) is an exciting practice for lawyers who. will often be on the forefront of new technological developments." Immigration law was addressed by William Reich of the Seroti & Reich law firm. He is also a 1974 graduate of the U.B. Law School. "Immigration law involves the moving of people," Reich explained. "Basically, the clients we represent are individuals for corporations and businesses who are interested in transferring people from %> foreign countries to the United \ States or individuals seeking to live here permanently, work here permanently, and reunite with families." Immigration law was not rec- ** ognized as a speciality as recently as five years ago, so most of the practitioners in the field were self-trained, according to Reich. Presently, there is the American Immigration Lawyer's Association, with a Buffalo chapter that has over 20 members. Immigration law is practiced in the administrative context, and the immigration service is part of the Justice Department. "There are very big risks of risks in the practice being investigated," Reich said. "There is quite a lot of suspicion between the immigration service and the private practition- — ers." The field requires a familiarity and knowledge of labor law 5 because one of the ways to qualify for permanent residence is through your occupation, and you must go through a recruitment process to show you will not be displacing any American workers, Reich said. A knowledge of the tax code is also useful for those clients who need counseling when applying for permanent residence, since they are taxed the sameway Americans are taxed. Reich .believes that the field is "very diverse and complicated," but added, "It is fascinating dealing with people . these community affairs." The last speaker was Mark Wallach of Penny, Meyer, Mandell & Wallach. Mr. Wallach, a graduate of the 1973class of Albany Law School, spoke to the group on the area of bankruptcy and commercial law. This involves mostly collection and foreclosure work. In this area, a lawyer finds himself in City Court, the Supreme Court, County Court, and Bankruptcy front and work is on a con- tingency basis. You must collect to get paid." Wallach believes that historically, practitioners of commercial and insolvency law have been looked down upon by the rest of the bar, if not being a glamour area of the law. "They fail to appreciate that one must have a good working knowledge of statutes, such as the lein law, real property law, and from all walks of life." The area of school law was Court on a regular basis. discussed by David Hoover, a The commercial law aspect is 1976U.8.Law School graduate, representing banks and other presently with the firm of Norlending institutions, and comton, Radin, Hoover, & Freidcredit suppliers. "You mercial r~ man. suing people and ~~\must enjoy School law amounts to the taking their money," Wallach representation of school dissaid, "because you're not tricts, he said. The school disusually given a large retainer up tricts in New York State operate under the Education Law, which comprises five full volumes of McKinneys, as well as matrimonial law." Wallach ended by saying that "It is a good area to make a livalways owe ing. People money." Yet on the other side, "there is no great deal of growth potential. It is a cyclical so goes the economy, thing so goes collections." — state regulations, federal regulations, and federal law. An attorney in this field must be- come familiar with all of these. The state government employs attorneys in the education department. Most of those people are hired and paid a salary. There are also school attorneys who are not direct employees of school districts. Yet over the last 15 years school districts have decided they can no longer be satisfied with the local attorney. Payment of fees is not a problem; this is part of the budget for the municipal government. Hoover pointed out that "Opportunities are probably limited; it is difficult to find employment unless you have some sort of connections." However, he ended on a happier note by adding how rewarding the field can be: "Schools are invariably the focus of the community, and as an attorney of the school district, you can get caught up in Resume Typesetting b Printing Service PHOTOCOPY SERVICE Dissertations / Theses / Reports •• Letterheads Envelopes Business Cards •• Tickers • Flyers •• Posters Rubber Stamps Engraved • Plastic SpiralSigns Binding • 1518 Walden Avenue (opposite ThruwayMall) Cheektowaga, New York 1330 Niagara Falls Blvd. (opposite Boulevard Mall) Tonowanda, New York 837-4450 / 897-0861 prik23, 1986 The Opinion 5 �Workshops Abound at Women and the Law Conf by Women Law Students Association The 17th National Conference on Women and The Law was held in Chicago the weekend of March 20. The Conference consisted of a feminist trial advocacy seminar on battered women on Thursday, and a series of workshops held at the same time as an exhibition hall showing slideshows and presentations from Friday through Sunday. The workshops were set up as either panel discussions or strategy sessions with comments or questions from the audience. In addition three agendas for action dealing with enrollment of minority women in law school, affordable housing for low-income tenants, and incarcerated women took place Friday and Saturday. The keynote address on Friday evening featured Winona Laduke, an American Indian working for the reclamation of land forthe Indian tribes; P. Catlin Fullwood, a Black, lesbian, feminist activist working in the battered women's movement; and Margaret Randall, a feminist author, poet, and professor who has filed a first amendment lawsuit against INS for deportation proceedings brought against her forthe viewpoints expressed in her books. The Conference was brought to a close on Sunday by Annie McCombs, a radical feminist and longtime labor organizer. "In Our Own Voices: A Call to Action" the theme of this conference recogyear's nized that as women we can and do define our world and control our lives and that it is — — time to act rather than react in the struggle for legal and social justice. Fifteen women law students from U.B. attended the conference. Here are some of our impressions: •• • Certain themes ran through several of the workshops. The importance of coalition-building among groups striving for social change was stressed. The problem of oppressed groups fighting among them- selves rather than their common enemy was discussed in "Avoiding Hierarchies of Oppression," "Black-Jewish Dialogues," and "Racism: The Politics of Invisibility." A workshop on "Abortion: Freedom of Choice" addressed legal strategies foi/^ opposing anti-abortion protesters who are trying to close down clinics. The workshop on Battered Women's Shelters emphasized the voices of women who are usually not heard from when the topic of battering is discussed. Women of color, lesbians, prostitutes, the disabled, rural women and the elderly are just a few of the groups ignored by the traditional shelter method of dealing with domestic violence against women. The unique problems of each of these groups were discussed, along with ways in which shelters or safe homes might better reach them. ■As a volunteer at Haven House, I found this workshop extremely helpful in sensitizing me to the problems of the "atypical" shelter resident. It also helped me realize how many women are not adequately 6 served by the traditional shelter. The importance of having shelter staff, volunteers,/and residents who are sensitive to and knowledgable about these women's problems was emphasized, as well as the need for laws rendering physical abuse illegal, no matter what the circumstances surrounding it. One of the speakers, a former prostitute, called for reform of the laws regarding prostitution. Others discussed the problems of lesbian battering, and the unique problems of battered women of color, disabled women, elderly women, rural women, and the shortcomings in the help they have received traditionally from shelters. ••• ment, including Jewish law, Jewish cultural broadcasting, Yiddish poetry readings, American social movements, and re- ligious divorce laws. Other workshops discussed such topics as the criminal defense of battered women, marital — rape and the government's and society's reluctance to prosecute the rapist, obtaining partner's benefits, freedom of choice, and mediation in family law. — One workshop, "Community Economic Development: Our Response to the Feminization of Poverty," discussed programs designed to help women receiving public assistance to become self-sufficient by setting up their own, often home- Disabled women working to obtain more accessible housing so that the disabled can have more options for independent living. The role of Nicaraguan women in the creation and development of the benefits brought to the people since the Revolution (including the literacy campaign, health clinics, daycare centers, agrarian reforms, free college education for all students, same pay for same work for women) despite the attacks of the U.S. backed Contras. The role of native American women in ensuring the fulfillment of the purpose of the Indian Child Welfare Act, so that Indian culture will be able to survive through its children. Jewish and Black women struggling to come to terms with their differences, acknowledging their commonalities and nurturing mutual respect. Sanctuary Movement activists facing jail sentences as their lawyers have to fight the Court's refusal to allow the real issues to be presented at trial, preferring to focus only on the technicalities of Immigration Law. What all of these workshops and panels have in common is that they made it clear that women still face myriad forms of oppression and repression in the struggle to create a more humane society. But what they also made clear, inkeeping with the spirit of this year's theme "In Our Own Voices: A Call to Action," is that women throughout the world, regardless of the obstacles, have been and continueto be a major force behind progressive social change. We need to remind ourselves that not only are there many battles on many fronts, but that some of them are being won. ••• The workshops I attended covered a wide variety of topics, from feminist theory to litigation strategies, from discussing problems to discussing possible ways to make our government and our society more responsive to the needs of .our clients. The panelists in "Feminism in Jewish Com- discussed their struggles to assert feminist concerns in a variety of contexts in a traditional environ : The Opinion April 23, 1986 As it was repeated by countless anti-censorship advocates the logic "of this argument finally began to bother me. We don't have to prove that we're not like Jerry Falwell. We're not like him. I think it is a trap to suppose that in order to be consistent and politically correct one has to support anything thatan opponent rejects. There may be some compelling argument against anti-pornography legislation, but this definitely isn't one of them. heading ••• The child support workshop was an intense strategy session for creative methods of collecting support. The panelists urged the participants to investigate what is happening in each state, as the states must have enforcementmechanisms in place by the end of 1986. InTerstate collection remains a real problem, and collections from individuals working "under the table" pose great difficulties. The panelists, two attorneys from the Chicago area, related their litigation strategies in recent victorious child support cases. Participants left with some positive strategies, and an interest in investigating their state's collec- "Power/Oppression" came the words: man; rich; white; traditionally educated; [WJomen . . . can and do define our world and control our lives and it is time to act rather than react in the struggle for legal and social justice. munities" ••• For me, the most significant part of the Conference on Women and the Law was the workshop on racism that I attended. This workshop was an addendum to the prescheduled program and I'm glad I chose to go because it gave me some guidelines on how I should prioritize my life and what my goals should be.^lt made many of my conflicting thoughts much clearer. During the workshop those in attendance generated a list which was written on a blackboard. On the left side wa"s the heading "Power/Oppression." On the right side was the heading "Other." Under the the^ abled; Christian. Under heading "Other" came the words; woman; poor; black; Latina; American Indian; selfeducated; differently abled; Jewish; Moslem. based, businesses. Many women who are the sole head of their household are economically dependent, not through choice, but because they lack employment experience, education, and training, or because they ha\te to care for small children. In addition, immigrant groups often face employment barriers due to language and cultural differences. These women are, however, often skilled in "trad- There I saw myself on both sides of that board, mostly classified on the left side. "What can I do about accidents of birth," I asked, feeling frustrated. The answer: If we identify with what we are on the "Power/Oppression" side then we reinforce that power and the oppression it breeds. If we choose to identify with the "Other" side then we take power from the left side and bring it to those on the right side of the board. This is the key. Where do you place your itional women's tasks," such as emphasis? cooking, sewing, child-care, and house cleaning. The idea of helping these women set up their own businesses that capitalize on their skills is receiving increased attention. A home-based business solves the child-care needs for a motherwho would like to earn money. In addition, women from foreign cultures can overcome, and even utilize their differences. Even though these programs may be viewed as perpetuating stereotypes, they do help women gain practical entrepreneurial experience while capitalizing on existing skills. These businesses may be transitional, lasting only until the youngest child is in school fulltime, or until the woman is able to train for another job or venture. One panelist described the increasing popularity of women's economic development as a fad consistentwith the current ideal of "bootstrap capitalism." In the'present political climate, many social movements are fighting "retrenchment campaigns"; women's economic development may be a means ofachieving some of the more distant goals. The concept of self-employment is nqt a panacea, and it is no* necessarily easy to achieve. Although start-up costs may be relatively low when compared to other types of businesses, poor women still may have problems obtaining financing (which might be obtained more easily if a revolving loan fund were set up). The proprietor may also need continued public assistance benefits (especially food stamps, and Medicaid) until she actually sees her profits. The possible housing, benefits include self-suffi- ciency, confidence, and training. tion systems. ference attending workshops on first amendment issues concerning pornography and censorship. I'm glad I went to these workshops because I noticed some dynamics that occur frequently. One argument used by anti-censorship speakers came up again and again. The speakers reasoned that feminists The joint custody workshop focused on the issue of forced joint custody orders over the objective of one party. Two panelists were adamantly opposed to these orders, as joint custody research has shown that such an arrangement only works when the two parents can cooperate and discuss issues of importance to the child/ ren. One panelist was in favor of joint custody, even forced custody, because she felt that the "traumatic effects of divorce upon the child/ren" could be lessened if the child/ren felt that the parents were still involved in their lives. Participants discussed incidences, cases and legislation in their home states. that conservative forces are using the resources and energies of feminists and liberals to pass anti-pornography legislation. These temporary bedfellows might then abandon the feminists, and even try to use these and other laws against us. The women who attended the 17th National Conference on Women and the Law would like to thank everyone who helped us get to Chicago. We hope the thoughts we have put together not only convey what we observed and learned that weekend, but will also encourage more people to attend the 18th National Convention or similar events. ••• I spent a lotof timeat the con- ought not to support anti-pornography legislation because those laws are supported by the moral majority, the ultra right, and all sorts of bad guys. There is a fear, probably legitimate, Trade Policy ••• . . . • ••••• ceptable conditions of wages, working hours, and working conditions. The incentives offered to countries that respect the rights of their workers are access to American markets and the ability to attract American investment. However, the GSP incentives are meaningful only if "there is a political will to enforce the law," said Harvey. Human rights groups are now trying to convince this administrationthat it is in America's self-interest to enforce the law. A panel was convened last year to conduct fact finding to consider and document labor conditions in third world countries. The hearings, held last June, "clearly indicated that there are a number of countries where there are egregious patterns of labor rights abuses," ' continued from page 4 said Harvey. However, this administration has not yet declared which countries are barred from specific provisions. As an example of labor rights violations in the Third World, South Korea was found to violate all the specified rights except for freedom from forced labor. However, workers in South Korea have no choice whether to work overtime. Twelve hour days, seven days a week with no holidays, is not uncommon. The development strategy for the past 20 years in South Korea has been to build an export industry based on cheap labor kept cheap by political repression. In the past year four people have committed suicide to protest against labor rights violations carried out by the government. ./ �AcidRain A Growing GlobalIssue, Says Carroll by Lisa Strain Environmental Law Society Dr. John Carroll, Professor of Environmental Conservation at the University of New Hampshire and Kellogg Foundation National Fellow, gave two presentations on "Acid Rain and GreatLakes Issues" at U.B. Law School on Wednesday, April 19. The presentations were sponsored by the SUNY Buffalo Great Lakes Program and the Law School Project on Canadian American Legal Issuesand were supported by the Sea GrantLaw Program and theEnvironmental Law Society. Dr. Carroll is a leading scholar on United States and Canadian transboundary environmental issues and has published a number of books related to environmental diplomacy. He has had extensive experience directing several projects for both the United States and Canada, and has consulted with numerous organizations including the International Joint Commission, Environment Canada, and the Brookhaven National Laboratory. According to Carroll, acidrain is made up of two-thirds sulphur dioxideand one-third nitrous oxide and 50 percent of this mixture can be carried by dry deposition as well as by precipitation. Carroll gave an overview of the problems Europe is now facing, where acid rain is emerging as a political issue in countries like Germany. Coal burning emissions have been cited as a major contributor to acid rain, but as Carroll said, "Acid rain is part of a much bigger whole there are many more human activities (like auto emissions) which are greater contributors than coal burners." Great Britain had been facing — increasing political pressure from surrounding countries to , reduce its emissions because it is heavily dependent on coal burning, Carroll said. But Britain's actual contribution is not as great as the area of Eastern Europe. Carroll showed a videotape produced by the Central Electricity Generating Board of Great Britain. The most concerned European countries, Carroll said, are the high altitude ones: Norway, Sweden, Austria, and Switzerland, which emit very low levels but receive large amounts from the big producers in East Europe, Germany, and the United Kingdom. This is also the problem in North America, Carroll said, where 50-55 percent of the acid rain Canada receives comes from the United States, while the United States receives only about 18 percent of its total from Canada, most of which falls in the New York State Adirondacks area. Carroll cited the difference in geological mobility, to which Canada with its central open prairies is much more vulnerable than the mountainous western United by Michael Kulla and Sara Faherty mining 5 percent of its .annual gross income to NAPILF. At a recent National Conference for public interest law groups, the Buffalo Public Interest Law Program decided to join the National Association of Public Interest Law Foundations (NAPILF), a national coalition of public interest organizations designed to form a network of public interest law groups across the country. From now on BPILP will be sub- In exchange for this investment, BPILP expects to acquire many benefits. BPILP will have access to and be listed in a national directory of public interest law organizations. This resource will connect our law school with other schools with public interest law groups. BPILP will be able to discuss and resolve problems and share project ideas with experi- 1-800-457-4065 FOR $400 AND PRE-APPROVED CREDIT ON A NEWFORD ■ You must receive at least a bachelor's degree or a state RN license between October 1, 1985 and September 30, 1986. For Pre-approved Credit from Ford Credit ■ You must have verifiable employment that begins within 120 days of your qualifying vehicle purchase at a salary your vehicle payment. ■ Your credit record, if you have one, must mdicate payment made as agreed. ■ And don't forget...you must receive at least a bachelor>s degree or a state m license between October 1, 1985 and September 30, 1986. You are eligible for $400 even if you don't finance your purc ha Se. Use it toward your down payment or get a check from Ford after the purchase or lease. ~ These Vehicles Are r The amo,unt °'X°" I ncluded In The Plan J"* is deterapproved credit Yp *.. SndertW Lynx, Topaz, & Mercury: Capri, Cougar Ford Truck: Aerostar, Bronco 11, Ranger, F-150 & F-250 C Q acidity." » "Very little has happened in the public policy/diplomatic arena" with regard to acid rain, Carroll said. "The bigger problem is severe air pollution, part of which is acid rain." continued on page 10 BPILP Will Gain From Merger with Nat'l Public Interest Group GRADUATES CALL It's Easy To Qualify i? <t/ii\r\ from Ford For $400 «*»•«« V™A Motor Company States. However, Carroll said, the "buffering capacity is not permanent, but is worn down with the continued assault of (t (9 \ § A/A/i Z> XIX bSV^ H^T C^m*&> mined by the qualified vehicle you buy. If a vehicle is not in dealer stock, it must be ordered by June 1, 1986. Delivery of all vehicles must be taken by August 31, 1986. Pl"» pre-approved credit, call the toll-free number today. 1-800457*4065 enced public interest law organizations. BPILP hopes to streamline its institutionalizetion process. Joining the national network will prevent BPILP from duplicating work that has already been done or overlapping efforts with other public interest law groups in our region. Besides having open lines of communication and .esourcepooling, members of NAPILF also have input into nationwide decision-making. As a member group, BPILP will now be able to contribute to the policy making process of NAPILF. BPILP will have members on NAPILF's board of directors and will help to organize future national conferences. At the March conference, NAPILF established its agenda for the upcoming year. The national association will be focusing on four major projects: a national newsletter; future national and regional conferences; outreach to other public interest related groups, for example, the ABA, LSCRRC, and clinical programs; and the writing and publishing of several basic beginner's manuals on public interest law program related' topics. There will be separate manuals on tax exemption for public interest law groups, loan forgiveness, programs, the institutionalization of public interest law groups, organization tactics, and fund raising ideas. BPILP has already gained valuable input from other organizations in NAPILF. At the conference, several fund raising ideas were shared. They ranged from expensive, long term projects, such as cookbooks made up of favorite recipes of lawfaculty and students, to shoestring money raisers such as setting up a miniature golf course which satrizes the law school experience. Some public interest law programs sell baseball caps and beer mugs during alumni weekends, while others publish school year calendars with each month accompanied by a humorousfaculty photograph. NAPILF is already working on setting up a national clearing house of public interest law job openings. Once this clearing house is established, BPILP will be able to make this resource available to U.B. law students. BPILP is excited about the prospect of sharing ideas and resources on a national scale. BPILP is especially interested in using its membership in NAPILF to learn more about the possibility of setting up a loan forgiveness program here. BPILP will sharethe advantages and benefits of this creative input with the law student body as we learn more from theother members of NAPILF. April 23, 1986 The Opinion 7 �©PINION fla / STATE UNIVERSITYOF NEWYORK AT BUFFALO SCHOOL OFLAW April 23, 1986 Volume 27, No. 1 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: IdelleAbrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: Melinda K. Schneider Photo Editor: Paul Hammond Layout Editor: Susan Clerc Production Editor: Wendy Ciesla Contributing Editor: Amy Sullivan Staff: Peter Scribner, Victor Siclari, Jeff H. Stern. Contributors: Susan Berkow, Timothy Burvid, Sara Faherty, Michael Kulla, Karen Peterson, Lisa Strain. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. and Graphics, Inc. Composition and Design: Words Editorials With Newhouse, We Need Look No Further Last month, this newspaper reported on University Provost William Greiner's disbanding of the Oean Search Committee after Louise Trubek (the Committee's last viable candidate) withdrew her name from consideration amid much infighting between her supporters and detractors. Now, at last, the smoke from the battlefield is beginning to clear, and the Administration has come up with a plan to get the school back on track. The plan has its pros and cons. Although no official appointmenthas yet been made, it now appears certain that Professor Wade Newhouse will serve as dean for the next two years, while a new and improved search committee resumes the quest for outside candidates. Clearly, Newhouse is the man for the job. He's been here for 27 years and knows the place. He's attended countless faculty meetings and served on innumerable committees, and is thoroughly familiar with the internal workings of the law school. He's served in a number of administrative posts and was largely responsible for the law school's move to O'Brian Hall and the burgeoning of the Jaeckle Center State and Local Government program. He's a first-rate scholar, extremely knowledgeable in the areas of constitutional law, school law, and state and local government. He knows the alumni and has the affable disposition which is so necessary for soliciting donations to the law school. Given the above, one has to wonder why the Administration chose to resume the search for outside candidates at all. The old committee spent two years sifting through hundreds and hundreds of names, only to invite seven candidates to interview here (four of whom withdrew and three ofwhom the committee decided it didn'tlike after all). Although Associate Dean Robert Berger insists that for the next two years Newhouse will not be an "acting" dean or an "interim" dean, that is exactly what he will be, with all the drawbacks such a position entails. Appointing an outside candidate two years down the road who is totally unfamiliar with the law school does not, to our minds, make sense especially^whefT'we have someone from within who is so qualified. Newhouse should be the Dean. Period. — ' Administration Headed for Another Void in Ranks While the search for a new dean appears to have ended with the pending two-year appointment of Wade Newhouse to the post, another equally important search has yet to begin that for an assistant dean of admissions and student affairs. Vivian Garcia had held the position until last fall when she went on maternity leave. She was to have returned in February, but announced in November that she wanted to devote time to her newborn baby and thus would not return. Steve Wickmark has filled the position in her absence, but will be leaving once the semester is over. And, with no immediate successor waiting in the wings, it appears the law school administration is headed for another void in its ranks. While Acting Dean John Henry Schlegel "hopes" to have someone appointed by July 1st, that is all that really exists right now a hope, and a faint one at that. No search committee has been established, no names have been mentioned, and Sch!egel admits he could use some suggestions from — — students. At the risk of Monday morning quarterbacking, why wasn't this done in November when Garcia announced she would not be returning? A committee could have been established then, set its goals and selection processes over the semester break, and then begun interviewing potential replacements in the spring. Also, Wickmark would have been around to provide his insight and guidance. Instead, nothing was done and little attention was given to the matter. The dean of admissions and student affairs plays a vital role here at the law school. The position entails, among other things, the directing and coordinating ofthe Legal Methods program a program that arguably sets UB apart from other law schools in its continued and active pursuit of qualified minority and disadvantaged students. The job also entails coordinating the entire admissions program, and catneeds which once again ering to the needs of the student body have been given slipshod treatment by the law school administration. With the end of the semester at hand, long overdue plans to establish a search committee and solicit student input appear to be nothing more than administrative lip service to a problem whose severity will probably not be truly realized until next fall. — — 8 The Opinion April 23,1986 Victor's Farewell Address legement and thanks, but deserve it as much, if not more, by Victor R. Siclari, former Editor-in-Chief It seems just when I become comfortable in my surroundings, it is time to move on. It in happened elementary school, then in high school, again in college, and now in law school. Understandably, this is a part of life and the process of maturation. However, it does not make it any easier to move on nor compensate for the feeling deep down that you may never cross paths with the many people you have become accustomed to seeing daily. Therefore, I would like to take this opportunity to say goodno, to say best of luck bye to the graduating class. I am happy to say that I have made many friends, acknowledge that I have had differences of opinion and views with some, but consider no one my enemy. To the first and second year students, I hope that you take advantage of all this law school has to offer and receive as much fulfillment out of it as I did. Many understandably berate the law school for its faults and shortcomings. While criticism is one way to deal with its problems, the energyof the students is best exerted on deciding how these problems can be ameliorated and taking the necessary action. We also should not lose sight of the positive forces and elements in the law school (yes, they do exist!), and take time out once in a while to pat ourselves on — — Former Editor-in-Chief Victor R. Siclari. Photos by PaulHammond the back when goals and objectives are achieved. To the faculty, I thank you for expanding my horizons andfor providing me with an education which has taught me the value of critical legal studies and how to decipher, analyze and reason. Although I would be without substantiation to say I have received a better education than if I attended an Ivy League law school (only because I can not make a justified comparison to schools I have not attended), I do know that UB Law School has exposed me to a learning process not present in most other schools. If I had to do it over again, I would attend UB sans the deep winter freezes and snow and floods, etc. To the administration and supporting staff, I express my gratitude for providing the framework on which this school operates. Special recognition goes out to the secretarial staff who oftenreceive littleacknow- than anyone else because the law school could not operate without them. To our printer, Words & Graphics, especially Mary Jo and Wayne, whose expertise and professional skill in composition and design added that special touch to the newspaper, I thank you sincerely. You accepted late copy, worked around our deadlines, and labored as hard as anyone else to produce this paper. Finally, I want to thank my editorial staff, business manager, writers, contributors, and all those who have supported my endeavor to make this newspaper a quality product of which we can all be proud. Working on this newspaper has been my single, most rewarding and enlightening experience in law school. While I experienced a most disappointing start (and almost equally dissee SBA appointing finish budget story), I feel I have accomplished all that I had promised and set out to do creating a reputable newspaper which provides the law school with a balanced diet of news and features and serves as a vehicle of communication for all who wish to utilize it. I am confident that my successors will not let me or this school down, but will make this paper even better. S.E.C., here I come! — — — . The Opinion Mailbox Family Law Grades Released Members of Isabel Marcus' Family Law Class, Fall, 1985 As you may know, several weeks ago I was supplied with information leading me to believe that some academic dishonesty may have occurred during the administration of Professor Isabel Marcus' exam in Family Law this past December. This informationraised concerns that were so serious that they could not be ignored. I therefore directed the Registrar not to release the grades for the course and began an investigation of the matter. That investigation was hampered by the fact that the information made available to me was quite general. It went into no specific detail. After proceeding with my investigation for a reasonable time I have chosen to discontinue it and have therefore authorized the Registrar to release the Family Law grades. The grades are those that Professor Marcus gave each exam based solely on the content of the answers. In particular, I have been assured by Professor Marcus that exams receiving a grade of D or F were definitely below the level of performance required to obtain a satisfactory grade. No curve of any type was used in grading the papers. Each was judged solely on its own merit. All members of the class and the Law School community are entitled to understand the reasons for my decision. I feel strongly that integrity is an essential in life. Moreover, as a law school we have a special obligation to insist on honesty from each of our students, since they will be entering a profession where that quality is vital. However, the simple fact remains that although I have reason to suspect that some academic dishonesty may have occurred among some of those taking the exam, I lack sufficient evidence to prove that it did, in fact, occur or to accuse any particular individual at this time. This situation has left me in a most uncomfortable position. I have finally'decided, after consultation with you as a group and with others, that it would be wrong to proceed in any manner that would penalize the majority of the class who are innocent of any wrongdoing. I have therefore chosen to release the grades. I hope this is not the final chapter in this matter. If I receive any allegations of academic dishonesty against any specific student who took this exam, I will turn the matter over to our Faculty-Student Relations Board. It will proceed with an investigation using our normal procedures and will apply sanctions if- it is determined that they are warranted. Moreover, we, as a community, need to address this problem in the broader context of preventing it from occurring in the future. The specific provisions of the Standards for Academic Dishonesty Cases, as well as the general attitude of the Law School community towardthese matters, need further consideration by the students, faculty and administration. The student body, at our urging, has begun its discussion. I hope that the students realize that it must continue. My decision to release the grades resolves the current impasse, but it does not solve the true problem. We all must understand that each has and must have both an individual and a shared collective responsibility to maintain an examination system free of even the hint of dishonesty. Each of you who works diligently toward a place in an honorable profession is entitled to no less. The community in which you will practice demands this as well. I trust that we can reach that goal expeditiously. Sincerely, John Henry Schlegel Acting Dean Basketballers Thank Garcia Editor: On behalf of theClinton Crimson, I'd like to thank John Garcia for organizing and supervising the Law School intramural basketball league. In the absence of any help or encouragement from the UB intramural office, and often in the presence of negative action by* this shoddy office, John put forth a commendable effort to ensure the existence and success of the law school league. The level of competition and enjoyment was tremendous, especially when considering the general argumentative and spastic tendenciesof most law students in the world today. Sincerely, Joel Schechtor �The Boy Mechanic Kevin O'Shaughnessy Deanasty: A New Soap, But the Same Old Story by Kevin O'Shaughnessy While wandering about the hallowed halls of O'Brian, the Boy Mechanic chanced upon a discarded, half finished script for a new night time television soap opera (probably one of the faculty trying to pick up some extra cash). The series is titled Deanasty. Instead of writing a column, I felt this script would be more interesting reading ... The Characters William "Boom" DreadlickFormer chairman of the board for Scarrington Oil and protector of the wildcat oilmen's "Scarrington System" of Oil Drilling. Jake Scarrington-Current chairman of the board at Scarrington. Jake (an enigma to both the shareholders and the board of directors) was formerly allied with the Scarrington wild catters, but has lost touch with them since becoming chairman. His actions and intentions are shrouded in mystery. Tess Trueheart-fK midwestern wildcat oil heiress, Tess seeks to replace Jake Scarrington (who claimshe's ready toretire) as chairman of the board. Her big plans for Scarrington Oil have alarmed members of the board and powerful area oil men. Dick Tracy-Tess's boyfriend and one of the founders of the wildcat methods still used under the name the "Scarrington System" by Scarrington's wildcatters. These radical oil drilling methods have outraged oil men nationwide. GalenFreebase-Board member of Scarrington Oil, leading member of the wildcatters and ardent supporter of Dick Tracy and Tess Trueheart. Fern Conniving-Director of personnel at Scarrington Oil, Jake Scarrington's closest confident, and former girl friend of Dick Tracy. A sultry beauty, Fern's physical charms and cunning mind make her an excellent comfortablewith Jake in power and feels that he will stick around longer than anyone thinks. Jake does nothing to dispel this notion. At an area oilmen's luncheon Jake Scarrington makes a rare public speech. Tess's appearance has caused the area oilmen to become interested in wild catters and their methods. In the speech, Jake identifies Dick Tracy as one of the founders of the wildcat method of oil drilling. One week later, Tess and Dick barely escape being lynched by vindictive area oilmen at the Annual Oil Men's Ball. Galen Freebase and the wild cat faction of Scarrington Oil feel that Jake set Tess and Dick up for the lynching. Jake denies bad intentions, but privately concedes his speech was ) ill advised. The attempted lynching turns the heat up on Tess and Dick. Alexis grills Tess at the next board meeting (Alexis likes to come the leading candidate for chairman. Blame dois not seek the chairmanship, he has become concerned/because the recent power struggle has caused Scarrington Oil to drop from 19th to 39th in Fortune back room (or bedroom) poli- tician.Fern remains bitter about being jilted by Dick, and is especially bitter about Tess. Alexis Heartburn-Memberof the board of directors who is very opposed to anyone planning to change Scarrington Oil. The veteran of many power struggles, Alexis is the toughest 500. The Plot After "Boom" Dreadlick resigns as chairman at Scarrington Oil (to teach Bible studies), Jake Scarrington takes office. Jake does not want the job but he will remain until the board of directors finds a new chairman. While the board searches, Jake and Fern form a power base. The board search yields Tess Trueheart and Dick Tracy. Fern Conniving is very unhappy with the board's decision. Tess discusses her strategy and goals for Scarrington Oil at a board meeting. The thought of changes at Scarrington Oil alarms some members of the board. The leaderof this group, Alexis Heartburn, has hernmp member of the board. Congressman Brit Whiner-Tbe man responsible for appointing the next chairman of Scarrington Oil. Like all politicians, he privately longs to be President. Congressman Whiner's aspirations cause him to be fearful of making any political enemies. As a result he is subservient to the desires of area oil men and Scarrington's board of directors. Blame Whitehors'e-tK former southern baptist minister turned lawyer. Blame is not a member of the wildcatters, but they regard him as the most trustworthy memberof the board of directors. Recently Blame has be- Guest Column continued on page IS Susan Tamar Berkow Law Students Are Paying For Cheaters' Sin by Susan Tamar Berkow Who is to blame for whatever cheating may have occurred on Professor Marcus' family law exam last December? To hear the students tell it, almost anyone but students. In private conversations, public meetings, opinion articles, and letters, I have heard blame placed on Professor Marcus, the floating exam system, and "sloppiness" due to "senioritis." Most recently, in his article to The Elan Gerstmann Opinion, seems to suggest that cheating was a response to "alienation." I suggest that students and students alone are responsible for cheating. Thus far the student response has been to avoid responsibility at all cost. A great deal of anger has been directed at Professor Marcus and the administration, none toward fellow students who have dishonored all of us and our school. It is time that we take responsibility for our individual actions and responsibility as a group for setting and maintaining community standards of ethical conduct. The posting of the family law grades should not mark the end of this matter. Because of this incident, certain ethical issues that were simmering in the law school have been brought to the surface.We should now use this incident as a starting point for a dialogue among students, faculty, and the administration ' about ethics within the law school community. Here are some of the issues that need to be addressed: The Ethics Course: There is a general consensus among students (and I think the faculty would agree) that the mandatory first-year Ethics course is meaningless. Many of us have complained bitterly about the course but no serious efforthas been made to have it improved. I now know from experience that it is possible to give a good ethics course. This semester, the clinic instructors held a seriesof classes, most of which dealt exclusively or peripherally with problems in legal ethics. Assigned readings that were generally well-written and thought-provoking were used to facilitate lively and worthwhile discussions. There was a lot of positive feedback from clinic students about these sessions. The discussions were'challenging and often difficult; it is hard to confront these issues. But we appreciated the opportunity to start working through common ethical dilemas with some guidance from people with experience. There are a few other law school courses, such as Professor Halpern's "Lawyer in Process," that tackle legal ethics. However, these courses, like the clinic program, are small. Thus, few students from any given class benefitfrom a good course in Ethics.. Since Ethics is a required course, and we know there are professors here who are capable of teaching it well, and we know students are unhappy with the current non-course, let's put in the effort to make the necessary changes. All we need is the will to do it. Exams Under An Honor System UB is unique in many ways. Part of what makes it special is our honor code. The honor system for exams demonstrates that the school administration trusts and respects us as responsible adults; it allows students some flexibility in planning when and where to take exams and provides a more relaxed atmosphere during the exam period. If we allow our fellow students to continue to abuse the system, we w.ill lose it. We need to make cheating at all levels unacceptable. In the case of floating or long take-out exams we can do this by being alert and careful in our conversations. This means exercising some restraint: waiting until friends have completed the exam before discussing it, not ficult to implement; they do require some affirmative effort, but that is simply our end of the deal under an honor system. Are we so weak-willed that we needall possible "temptations" removed? Do we want all exams to be in-class and proctored? I do not think so. The alleged cheating on exams is not thebeginning and the end of the problem. Last year there were widespread incidents among the first-year class of students doing various manipulations to discover their classmates' grades. Again student response to this outrageous conduct was not anger at the perpetrators for their lack of ethical standards and respect for the privacy of other, but criticism of the Admissions Office for making it so easy to figure — out people's gradesI I understand the argument "there will always be people who do these things," and I agree, but I think those people are in a tiny minority. There is a much larger group that can be forced to straighten up its act with a little social pressure. This merely involves being consistent in our conversations and interactions with each other about expressing scorn and condemation of cheating and other unethical conduct. It also involves being careful in our own behavior and following the rule of "avoiding even the appearance of improthat discussing it in public places where others-may overhear; for those who have not yet taken the exam, it means walking away from areas where others are discussing it. These measures are not dif- priety." The effect will be established and recognized ethical standards within the school community. I believe that putting up with a very small number of people who engage in such objectionable conduct is preferable to all of us losing the advantages of the Buffalo Model. Thatis what will ultimately happen if we allow such behavior to go unchecked. This phenomenon is already happening on a wider scale withinthe legal community. Be- cause so many attorneys cheat their clients, a client security fund has been established to help repay at least some of those client-victims. All attorneys are now required to contribute $100 a year to this fund. We will all have to make our first payment next year before being admitted to the bar. We are all paying (literally) for the "bad behavior" of our fellow lawyers. We pay because members of»the legal community have not beenable to effectively sanction their peers and enforce standards for unacceptable behavior. As long as we continue to throw up our hands helplessly and say, "there's nothing we can do," we shall continue to pay. We are not powerless. We can set the standards and furthermore it is our responsibility to do so. We don't have to keep paying for the cheaters. SBA Board Pledges Enthusiasm, Dedication To the Editor: Well, the elections are over and a new SBA ExecutiveBoard has been chosen. It is always difficult to know just what to say after such an event, but there are usually a few things which need to be said. First, a hearty congratulations goes outto all of you who, by voting, demonstrated your concern for the future of the SBA. The new executive officers will do our best to fulfill the expectations you may have for us. Furthermore, we are mindful of thefact that your choices for the Executive Board were not unanimous and we will make every effort to listen to those who may have chosen otherwise. We are confident that, with time, we can earn your support. Second, we should all thank the many candidates who participated in this election and made the choices for officers all the more difficult. These students have much to offer, us. Their experiences and insights are very valuable and we hope they continue to participate in the struggle for those issues to which we are all committed. If they do, SBA is sure to be a stronger and more effective or- ganization. Finally, this Executive Board is one which is sure to be enthusiastic, assertive, and, at times, demanding. We will ask you throughout the year to commit yourselves to actions which will demonstrate to faculty and administration alike that students are united over key concerns. We will ask you, as we will demand of ourselves, to develop the confidence to place our bodies where only > our words have previously been. At times, as we all know, presence is more effective than Have a great summer and we will be looking forward to seeing you in the fall. argument. This Executive Board is dedicated to the furtherance of student concerns through a combination of both wordsand action. Brett Gilbert, President Jack Luzier, Vice President Karen Buckley, Secretary Terry Gilbride, Treasurer a Sincerely, . Commencement Update Graduating Seniors: As you know. Senator Moynihan has agreed to speak at our Commencement on Sunday, May 18. The ceremony will be held at Baird Point, weather April permitting, triple gym if not. Invitations will beavailable in Marie's office, room 312, by April 21. Each student can get 10 invitations. If you would like continued on page 12 23.1986 The Opinion 9 �CDO Career Panel Focuses on Labor Law by Idelle Abrams On March 26, the Career De- velopment Office hosted a very informative Career Panel on Labor Law. Sponsored by the, Alumni Association, the panel \ represented a diverse cross section of labor law practitioners. Marilyn Zahm described her position as an Administrative Law Judge and Chief Regional Mediatorofthe Public Employment Relations Board (PERB). John Collins of Collins, Collins, and DiNardo explained the practice of a union-side attorney while David Farmello of Hodgson, Russ,Andrews, Wood & Goodyear represented the management side of labor law. Marc Pearce, an attorney with the National Labor Relations Board (NLRB), described his duties as well. One of the most positive aspects of practicing labor law, agreed all the panelists, is the amount of interaction with people that goes with the job. Said David Farmello, "You're dealing with peoples' lives. You're very much dealing with matters that are of great significance to their day to day existence and are going to change their lives very directly the day the decision comes out." Farmello characterized labor law as "legally a non-legal field." A great deal of the work is not specifically "legai." "There's a very human element to what's going on in the labor field," said Farmello. Another advantage the panelists stressed was the diversity of the work. For Pearce at the NLRB, the variety provides "a chance to see problems from several perspectives." Said Farmello, "One day you're litigating or preparing court papers, the next day you'll be out on the picket line. There are a lot of different tasks to be performed and a lotof different forms in which you get to appear." Stamina and commitment were recurring themes. Zahm, discussing the skills a mediator needs, described stamina as paramount. "People usually New Regs for GLS & ALAS Loans; All Applicants Must File FAF Forms by Kathy Peterangelo-Johnson The Department of Education has done it again! New regulations are being issued requiring financial aid offices to validate all Guaranteed Student Loan and ALAS applications. This means not only a lot more work for me in processing your loans, but, for some of you, more workfor you in applying. In order to comply with this regulation, the University Financial Aid Office has instigated a new policy which will affect all students applying for loans for the 1986-87 academic year. We will be validating all GSL and ALAS Needs Test forms against information found on the Financial Aid Form (FAF). What does all ofthis have to do with you? Well,«*lf you've already completed and sent in an FAF for 1986-1987 school year (hopefully before the March 15 deadline) you have nothing to worry about. However, if you are one of the many people who have not filed an FAF, you should apply IMMEDIATELY! Many of you have never filed an FAF before. After all, you weren't interested in applying for NDSL or CWS for one reason or another and only wanted a GSL and/or ALAS. All you needed to submitwith your loan form was a current Needs Test. Unfortunately, that won't be enough any more. You now must file the FAF even if you are only interested injibtaining a Guaranteed Student Loan or an ALAS loan. the You can pick up an FAF at my office, A&R, or at either financial aid office (Hayes C Main Street 0r.^232 Capen). The FAF - \. (w / \\\ /i N four weeks before you submit your loan application. Therefore, if you want your loan to be processed during the summer, you should mail in the FAF no later than May 1. I will begin processing loans for the next academic year on May 19. If your FAF is not on file, your loan will be sent back to you with instructions to file the FAF. To -avoid this delay, pick up the FAF, complete it, and mail it to CSS as soon as possible. Believe me, I'm not very happy about this whole thing either. You can help make things a lot more bearable if you will file an FAF before exams. That wayi there won't be any unnecessary delay in processing your GSL/ALAS. £, when everyone's worn down. So you have to make sure that you can outlast everyone else." Everyone agreed with Collins who said, "You're going to put in a lot of hours. It is not a nine to five job." He pointed out that you may have.to be out on the picket line at seven in the morning or you may get a call at midnight about a labor issue. PERB, explained Zahm, is a state agency set up to administer the Taylor Law, which afforded public employees in New York State the right to organize and participate in collective bargaining. Zahm described PERB's functions as falling into two categories. The agency handles improper practice cases. In these cases, a union, employer, or individual claims that their rights, which are set out by statute, have ing Acid Rain The other function of the agency is to assist employers and unions in reaching contract agreements. PERB supplies mediators, fact finders, and conciliators to help employers and unions bargain for a contract. An AdministrativeLaw Judge "just like any other judge,", listens as both sides present their cases, and writes the decision. You can become an ALJ after serving as an apprentice for three years or, if you come to the agency with five years of experience in labor law. Mediators, fact finders and conciliators all assist management and labor to reach a contract agreement. (ALJ), "People who decide to leave PERB usually have lots of opportunities elsewhere," said Zahm. They may go to other .. . . • • • • • In his presentation on the continued on page 15 continued from page 7 Great Lakes, Carroll said, "There are substantial differences overtheir use and allocation and there are built-in imbalances." For the United States, it is a regional issue, but for Canada which is heavily dependent on hydroelectricity it is a national one, he said. The major issues related to the Great Lakes are their navigation, diversions of water through certain areas, and coastal erosion. Canada is also heavily dependent on its fisheries. Canada had not previously been overly concerned with water quality, Carroll said, but may have to start facing it soon after its Sonia Power Plant on summer. Carroll said there has been a significant increase in citizen diplomacy which has been encouraged by acid rain and toxic controversies. The scientists of Environment Canada recently published a controversial publication entitled "Storm Warning" which essentially conveys the message that government cannot protect its citizens from highly toxic substances. This publication was subsequently withdrawn, Carroll said. Radioactive waste and other toxics are "a normal Cost of doing business" he said. "If we want cheap electricity we must take the acid rain with it, and as long as we demand a very high per capita consumption of elec- Blind River started leaking last tricity, it will continue." RES IPSA LOQUITUR c:^2:) Tfe Tieper 9{ew yorf^State been violated in a certain way. ' — Muttistate (Bar %eviezv offers an J Cd) \(f\ I J\J I integrated approach to the 9{ezu yorl^ (Bar Exam. We emphasize sophisticated memory techniques, essay writing stqtts and a concise, f\f/\ organizedpresentation of the taw. you wilCBe prepared and confident I Jr-^. / r\J/\ K sj, I 1/yJiI A ((/ ) PEIPER NEW YORK - MULTISTATE BAR REVIEW It Speaks For Itsetf. 90 'Willis Avenue, Mineota, O^QT 11501 \Ty | Duane Barnes I \ . \ Ross Lanzafame James McElhone 3rian Bornstein Amy Sullivan I Margoßeasley v \^ 10 must have been sent to the College Scholarship Service (CSS) settle at 4 o'clock in the morn- The Opinion April 23. 1986 Telephone: (516) 747-4311 PIEPER REPS Charles Telford Walter Ramos Zoran Najdoski Brian Mahoney Mark Pollard Judith Kubiniec Doris Carbonell Maria LoTempio John Rowley Donna Siwek Amy Murphy I \\J AvV (\ J N^\/ ""A \ / / / �Chapus by Comics April 23. 1986 The Opinion 11 �Library Committee lose it). ....... • •••••••• ble to patrons. and last but -not least for those here on Sundays, the local Sunday paper is back. Maybe someone next year can get the Sunday Times in on — v loan speed facili— interlibrary by tated RUN access. See1 Betty Waif or ask one of the clerks at circulation for a form if you need to borrow from elsewhere. films sponsored by the law library throughout the year, largely due to Nian Cascio's effortsad InternationalLaw Librarian and Head of A-V. exhibits as mentioned before. index tables that grew over -spring break, allowing the Shepherds to stay together in better order, and making the smaller and more current orange-taped reference librarians' collection more accessi- Sunday. — Suggestion for discussion in future meetings next year: more advanced legal research courses of the same caliber as Professor Gibson's one credit tax research course. I believe Susan Dowd, Government documents librarian, presented a workshop on Federal government documents. State & Local documents workshop might be the next logical step, and Nina Cascio presented another such workshop in International legal — — continued from page 3 research —/6otbh areas are complicates enough, however, to warrant^eithjer several such workshops a one credit course. There might also be interest in workshops for finding and using forms, comparative law (esp. Canadian ana Chinese), and how to approach using therare books collection. A personal plea by a librarian working as a law student library worker: please remember to reshelve 2nd and 3rd floor books when you're finished with them this gives students working in circulation more time to help you at the desk and saves you and your fellow students time and frustration in locating needed materials. \f — Commencement more, please see Marie a few days before graduation. You can invite as many people as you'd like to the ceremony. If you forgotto order yourcap and gown by the deadline and would like to wear one, please see Marie in room 312. Also, please try to contribute to the Emergency Student Loan Fund. Practice for Commencement will be held on Friday, May 16 at 11: a.m. in room 106.A picnic has been tentatively planned for after the practice hopefully, hot dogs, hamburgers — and beer!l A bulletin board will be Newhouse .. . • • formal way with the Provost's office how the new dean search process will run," and precisely what role the law school faculty will play in the process. The new search committee will be formed after the faculty committee's first meeting with Greiner. Berger said that although there "is no prohibition regarding overlap of old and new members, the expectation is that for the most part, it will be new people and a new chairperson." Newhouse, who has been a member of the faculty for 27 years, hasfilled a numberof administrative posts during that time.From 1961-1974he served as Chairman of the Building • • continued from page 1 •. Committee, in which capacity "to work out in a slightly more he played an active role in the law school's move to the Amherst Campus and O'Brian Hall. From 1977-1980,he served as director of the law school library. In 1980 he was named the first director of the Jaeckle CenterState and Local Government Program, which he organized and developed. Berger appeared optimistic about the chances for finding an outside candidate to take over after Newhouse's two year term expires. "With a different search committee, more assistance from the Provost's office and a little luck, we'll be able to find someone within two years." • continued from page 9 on the window in Marie's office. Please check it periodically for updates on Commencement plans. Any students interested in being ushers please see me as placed soon as possible. Any questions, please see me. Gina M. Peca Commencement Chairperson Loan Fund Donation Urged for 1986 Grads Graduating Seniors: Some graduating seniors indicated to Gina Peca that they would prefer to forego wearing a cap and gown at graduation and to give to a student emergency loan fund the amount they would have spent on renting a cap and gown. A significant number of others said that although they are renting a cap and gown, they would also like to contribute to such a fund. Arrangements have been made with the Dean's Office to have contributions to a student emergency loanfund—whether they are made in lieu of or in addition to the cost of renting — a cap and gown collected through his office. A student emergency loan fund already exists but it is woefully small and therefore has gone unpublicized. With a significant injection ofcontributions, the fund could become, over time, a very important and meaningful source of temporary aid for many students who face critical short-term financial needs. — We hope (1) that each graduating senior will be willing and able to make a contribution, however large or small, to the fund, and (2) that our giving will create a precedent for future graduating classes to fol- low. Contributions to the student emergency loan fund from-the members of the Class of 1986 will be collected until May 9th and should be given to Marie in room 312. Checks should be made payable to "SUNY at Buffalo Law School." We will make an announcement at graduation about the class's contribution to the fund and our class' hope that succeeding classes will follow our example. If you're able to make a contribution, please do it today while you're thinking about it. If you don't have the money to give now, then please try over the next three weeks to set aside a few dollars to give to the fund. No matter what size your contribution, every donation will help. In the hope that the faculty will join us in our effort to meaningfully increase the size of the student emergency loan fund and to create a precedent that will be followed at spring graduations at this school for marly years to come, a copy of this memo has been distributed to each member of the faculty along with a request thatshe/he also consider making an annual contribution to the fund beginning this year. The Commencement Committee The MBE Is Worth 40% Of The New York Bar Exam JULY, 1983 Took 6217 Passed 4648 JULY, 1984 % 74 8 Took 6.446 FEBRUARY, 1983 Took 2,214 Passed 1.065 % 48 Passed 4 366 % 67.7 FEBRUARY, Took 2,105 Passed 940 Change 7.1 l?»-»^4-« lt/1 «o4- Cl-i i^n^tl-^ 11/l*^. FaCtX MOSt btUdeiltS WhO in% Tail The New York Bar Exam MBE in% 4-1 1984 % 44 -4 That's Why In The Last 10 Years Over 50,000 Students Have Supplemented Their General-Review Course With fm/ MULTISTATE WEST COAST OFFICE 829/2 Via de la Paz Pacific Palisades, CA 90272 (213) 459-8481 SPECIALIST NEW YORK OFFICE 450 7th Avenue, Suite 3504 New York, NY 10018 (212) 947-2525 EAST COAST OFFICE 211 Bainbridge Street Philadelphia, PA 19147 (215) 925-4109 NATIONWIDE TOLL FREE NUMBER: (800) 523-0777 12 The Opinion April 23, 1996 �Review of 1985-86News and Events by Victor R. Siclari With the school year almost at an end, and this being the last issuefor the academic year, it is an appropriate time to reflect back on the events which haveaffected us this year. Possibly this also will serve as a reminder of the issues that still need to be addressed by the students. In our first issue, we reported that Thomas E. Headrick's resignation as dean took effect without a permanent replacement. Instead, Assistant Dean John H. Schlegel took the helm as Acting Dean with the expectation that a dean would be appointed by September 1986. While the Dean Search Committee provided the law school with several reputable candidates, for a variety of reasons, some of which still remain elusive, the candidates eitherwithdrew or the faculty and administration were unable to reach a concord. Much to the chagrin of the students and others, the options now existing are to reestablish a search committee to solicit and interview more applicants, or appoint an interim dean and postpone the search for a couple years when there will be a fresh pool of candidates. Other reported problems concerned the continued leaks in O'Brian Hall and the expectation of increased trafficking in the law school when the catwalk connecting O'Brian with the new Social Sciences building opens. Happily, theroof has been repaired, but not without problems. It tookthe contractor two tries before it eliminated the leaks; now the Library and seventh floor no longer have to suffer water damage, mildew and unsightly garbage pails to collect the water. As for the catwalk, it has yet to open and plans have yet to be finalized as to how to avoid the undesirable effect it will haye on the law library and the waning sense of community in the law school. One suggestion was to move the law library entrance to the third floor, but little has materialized from this proposal. Again, grade delays were condemned by students and faculty alike. Procrastination was inexcusable, but no effective remedy seemed apparent— that is, until Professor Ken Joyce, notorious for failing to meet the faculty's self-imposed deadlines, provided us with the seemingly perfect solution withhold all grades until the last professor hands in his or her class grades. If peer pressure worked on Joyce, it should work on anyone. — The second issue reported the election results of the new Student Bar Association officers and directors. Later issues faithfully covered S.B.A. business under the helm of President Lori Cohen, Vice President Todd Bullard, Treasurer Jerry O'Connor and Secretary Colleen Rogers. Whether it was this close monitoring and reporting of the S.B.A. meetings and/or the cohesiveness and hard work of S.B.A. members, the students profited from a successful year. sponsoring Besides a plethora of social activities, especially parties at bars with drink specials and give-aways of trips, dinners, tickets and other goodies, the S.B.A. also addressed important academic and business concerns. It appointed Leslie Shuman to the newly created position of Special Assistant to the President, a position designed to alleviate some of the burden the Executive Board encountered while its vice president was absent due to a heart attack. The S.B.A. also addressed the issue of late grades, promoted a forum for discussion of the cheating allegations in Professor Isabel Marcus' Family Law class, restored to The Opinion the $1,000 which was cut in last year's budget meeting, outlawed proxy votes, purchased the phones for which it was paying rental fees, chartered three new organizations Entertainment Law Society, The — Advocate, the law school yearbook and Parent Law Students Association, and produced the "Law Revue." The S.B.A. was successful in having the student body approve, in a referendum, several constitutional changes. One was to move from thefall to the spring the elections of the Executive Board so as to provide a smoother transition and continued fiscal operation of the S.B.A. during the summer months. The other amendments concerned the selection of committee members, constitutional amendments, temporary replacement of temporarily absent officers, revision of the disciplinary powers of the Board, and a simplification of the powers of the president and vice president. The most recent S.B.A. events were the election of the new executive officers: Brett Gilbert for president. Jack Luzier for vice president, Terry Gilbride for treasurer, and Karen Buckley for secretary; and completing the 1986-87 budget with a minimum of controversy. On the academic level, UB Law School welcomed the arri- val of two new social science experts to its faculty: Jeffrey Blum and Frank Munger. In addition, the school interviewed a number of applicants for teaching positions. Selected were Victor Thuronyi, a Harvard Law School alumnus and attorney for the U.S. Treasury Department, and George Kannar,,, a Harvard Law School alumnus and attorney for the American Civil Liberties Union. The faculty also adopted a resolution which gives clinical instructors greater status, job security and voting privileges and perquisites. New features in The Opinion include columnists Kevin O'Shaughnessy with his incisive "Boy Mechanic," Diane Dean and her informative reports on the public sector, and Fiona Symthe-Horch with her "Dear Miss Social Procedure." Another new feature dear to our heart and minds, not to mention our stomachs and perceptions, was the "Bar Review" of Cole's, Crawdaddy's, Garcia's Irish Pub, Jimmy Mac's, Mickey Rats City Bar and Mulligan's Brick Bar. Also instituted was a column which reported on people of interest to the law school or legal community. The people interviewed during thefall semester issues included Cleo Jubilis, secretary to the dean; Dr. Barbara Howe, law school alumna, associate dean of Social Sciences, director of Law School Alumni Association, and UB professor; G. Steve Pigeon, a second-year law student who ran for Erie County Legislator; Irene Fleischmann, editor of the alumni magazine U.B. Law Forum; and Leonard J. Brizdle, Class of 1929and senior partner of Gross, Schuman, Brizdle, Laub and Gilfillan. Each club reported on its activities in accordance with S.B.A. Bylaw 13, but the Environmental Law Society went above and beyond and is deserving of special credit for its contributions to The Opinion, sometimes numbering three per issue. And then, there was the coverage of conference and events in the fall semester: the World Hunger Conference; the Desmond Moot Court Competition, whose problem focused on the first amendment rights of reporters and the constitutionality of sodomy statutes; a workshop on the legal aspects of caretaking for the elCharles derly; Professor Ewing's discussion on juvenile detention; a mock trial on date rape tried by Ewing's Criminal Law Section I students; BALSA/ continued on page 15 April 23,1986 The Opinion I 13 �8 ra SAVE V YOUR J&¥k> " I I I—'1 —' yy^v for BAR BRI Leaves Nothing To Chance. (b&ibn The Nation's Number One Bar Review. 415 Savanlfc A**..9 BM« 62. N.Y..N.V. 1«M1 (212) 594-3696 (2*l) 623-3363 16* o—on-*.llli At*., Bo.ton. M... 02116 (617) 437-1171 « The Opinion April 23, 1986 14 I 1 �Year in Review LANALSA sponsored by Day; Graduate Group Law . on Human Rights Law and Policy sponsored lecture by Billy Aportadera, Jr.,a human rights lawyer from the Philippines; fymd a Buffalo Federalist Society sponsored lecture by Dr. Daniel C. Heldman whose topic was "The Theory and Concepts of the Right to Work." Throughout this newsworthy year. The Opinion unveiled various stories which took many members of the law school by surprise. One was the resignation of Vivian Garcia as assistant dean of admissions and student affairs in order to dedicate more time to her newborn child. Another story reported was on the anticipated sabbaticals of Professors James Atleson and Janet Lindgren for spring '87 and the' full 1986-87 academic year, respectively. The spring semester started off with a bang as the library was confronted with more pipe bursts and flooding of a different sort this time from the — Labor walls instead of the ceiling. The students also had to put up with increased costs of photocopying, but in return were provided with new machines that operate on Vend-A-Card, a more convenient system which eliminates the need for change. If that was not enough to get up your dander, your dandruff was sure to be detected as your person and baggage were manually searched, a necessary precaution prompted by the disassembly of the existing antitheftsystem along withthe concomitant delay in the installation of the new one. Another event law students had to grin and bear was the O'Brien case in which the New York State Court of Appeals unanimously decided that a professional license is marital property subject to equitable degree and license. It has important implications for law students who are achieving their legal degree and license with spousal support. And if you checked out all of the bars reviewed in the fall. The Opinion provided you with a new spring selection: Anacone's Inn, Founding Father's Pub, Pink Flamingo, and Nietzsche's. And if that still was not enough to whet your whistle, there was a book review of "A Beerdrinker's Guide to Buffalo Bars." If you did not overindulge and check out all those places in one night, then something that was sure to do a number on your stomach was the 1985 Gourman Report, in which UB Law School dropped to 39 from 17th in the 1983report. The law school university was quick to condemn the report as being without methodological substantiation and credibility, but many perceived the problem to be that the report exists and is circulating in spite of its shortcomings. Another very controversial event concerned the allegations of widespread cheating on Marcus' Family Law Exam. While therewas a lotof talk, there was no action because of the inability to achieve a delicatebalance in protecting theinnocent while searching out the guilty. This was made especially difficult due to the absence of specific •• John Collins represents labor both in the public and private sector. He emphasized that it is very difficultfor new lawyers to get into theprivate sector. "Youhave to spend a long timepaying your dues." This may mean representing local chapters of national unions, doing lots of gratis work, and performing small favors for local union officals. You have to build up a relationship with the people before they'll ask you to represent them in other matters. The fear, generally, in the private sector about labor attorneys is that "if you come on too hard, you threaten their jobs." Collins recommended that new lawyers who want to get into labor law go to the public sector unions. As a newer sector, it's more open to young lawyers. It's also a good training ground. He also suggested that people interested in labor law get a Master's Degree in Labor and Industrial Relations. He found that "it opens a lot of doors." David Farmello is one of six attorneys at Hodgson, Russ that do labor law, representing management exclusively. In the labor field, Farmello said, clients tend to prefer someone who does not work both sides. A practice that represents both labor and management may run intoconflicts of interest and may confront a problem of the substantiations and allegations. On thepositive side, Headrick was honored with the prestigious Jaeckle Award by the law school and Alumni Association for his "significant contact with the law school" at thetenth annual alumni convocation. In addition, there was a panel discussionof "Counseling the Elderly: Considerations Outside the Will" at the convention. Also on a positive note, the Buffalo Law Review passed an affirmative action plan to ensure minority representation on the Review. What might be seen as a benefit to the individual but a loss to the school is a year's leave of absence by both Professor Virginia Leary, to accept a human rights chair in Canada, and Professor Ken Joyce, to work as Research Director of the New YorkState Law Review Commission in Albany. confidentiality of information, especially in a small community. tract has expired and a new one has not yet been agreed to. He ghostwrite a regional director's decision on a representation Farmello's labor relations work for management includes negotiating collective bargain- claims. This may be charges of ing agreements, administering the agreements, counseling management in what a provision means, and going to arbi- tration if management and labor disagree on the interpretation of an agreement. Farmello also represents the employer when there is an election campaign for unionrepresentation or when an employee files a charge alleging that management has engaged in an unfair labor practice". In other areas of his practice, Farmello advises employers in strike management, which arises most often when a con- Win Two L. Sec. II Gridders ... by Kevin O'Shaughnessy The lawschool gridders (a.k.a. 2L Sec. 2V2) avenged an earlier loss to the mcd school by defeating them 20-18 in a divisional playoff Saturday, April 20. 2L Sec. Vh had stumbled early in the season and rumors of drug abuse were being bandied about. The team unanimously voted against urine testing, and player representative Kevin O'Shaughnessy declared the testing to be "part of some crypto-fascist plot which probably can be linked to Lyndon Laßouche or Momar Ghadafy." Team mate Will Zickl came out against the testing "because the cups are always too small." The game was dotted with spectacular plays. Keith Fabi's "ice clamp grab" and 25 yard dash to paydirt put the law men ahead 13-12 at half time. Bruce "Big Hands" Hoover startedthe law school scoring with a nifty cross field catch and run. Hoover, not known for his speed, outraced several wouldbe tacklers and scampered into the end zone. "It seemed like everyone else was on Ether... I just blew by a bunch of stumbling droolers." Even the normally stone-handed. Kevin O'Shaughnessy caught a touchdown pass from Rick Resnick. Resnick, who was 16 of 22 for 298 yards and three touch- downs, also led the team in rushing with 66 yards on ries. "At first I thought I was hallucinating, but then I realized the line was opening huge holes in the defense it was . ... all very surreal," Resnick explained. Joel Schechter, the gifted wide receiver, led the team in receptions with five. "I just caught everything today .it was like I had airplane glue on my hands." Speedy John Formica led the law school defense with three quarterback sacks. "I just getso hyped up during a game, I just don'tknow what causes it," the excitable defensive end declared. The secondary was anchored by Jerry Sperienza and Mike Herb with QB Resnick handling the chores at safety. "There is a certain inner peace that is required to play the sec- Two L, Sec 2. If included a special appearance of Buffalo's own singer and composer Rick James, with his attorney Irving Shuman, in a presentation sponsored by the Entertainment Law Society; a lecture on "Apartheid and the Law" by Gerald C. Home, director of the National Conference of Black Lawyers and professor of History; a lecture by Ira Lee Sorkin, administrator of the New York regional office of the Securities and Exchange Commission; and the Mugel Tax MootCourt Competition hosted by UB Law School and organized and run by the Moot Court Board. Finally, we have this last issue with its gamut of news andfeatures. AH in all, this year was a reporter's dream-cometrue, with more news than could be handled. It was also a reader's delight with something for everyone. And if you disagree and claim there was something lacking or missed, you are more than welcome to write next issue. Law Panel state agencies, to union offices, or to private practice. The kind of experience one receives at PERB, Zahm said, is very attractive, especially to firms that do public employment law. continued Own pugr Other news in the law school I strive to achieve a oneness with the football ..." intoned a rather tranquil Mike Herb. "This team has what it takes to win it all again!" roared the fiery coach and middle linebacker of 2L Sec. Vh, Brian "Get Down" Bornstein. The team faces further playoff games this weekend. They also will be hosting an area college flag football tournament ("Footballmania") with proceeds going to aid leukemia research. "Everyone's gonna party with the team after the tournament on Sunday April 20," declared owner and general manager of 2L Sec. 2V? Brian Bornstein. "This team gives 110% on the field and in the bar! Molly's Pub, four o'clock, be there..." Coach Bornstein was led away by his ondary players ... Photo Crtdlt: Unknown • • continuedfrom page 10 discrimination on the basis of sex or race, or claims of retaliatory behavior by an employer against an employee who files a complaint about working conditions, for instance, or a claim for disability or some otherbenefits. Marc Pearce became a field attorney for the NLRB right out of law school. The NLRB regulates the National Labor Relations Act (NLRA) which deals with labor/management disputes in the private sector. His functions cover a wide range of responsibilities. He may investigate an unfair labor practice charge, conduct a representation selection for a union. issue, try an unfair labor practice case, or go before a District Court judge seeking an injunction. Pearce described a "certain fascination of being able to be in the middle. You get to see how the Act operates from both sides of the spectrum. You find there's not necessarily one good guy, one bad guy." The disadvantage of the job, said Pearce, is the amount of traveling he must do. "If someone calls and says they feel somebody is engaging in an unfair practice, one of the fNLRBJ agents has to go to them and investigate the case." He also cautioned, "If you don't like bureaucracy, don't go into goy ernment service." Deanasty • also handles discrimination ...... test a person's mettle). Fern works behind the scenes (and between the sheets) to reject Tess's bidfor the chairmanship. After the grueling board meeting, Tess and Dick return to the Midwest to evaluate their op- tions. Congressman Brit Whiner, a man who lives with his ear to the ground (he can never wear a hat) and spends hours on his roof trying to decipher which way the wind is blowing, is distraught because things have not moved smoothly. He craves the support of both the board and the area oil men. Powerful area oil men have put pressure on the President. ThePresident presses Congressman Whiner forthe removal ofTess as a candidate for chairman. Congressman Whiner, a man who leaves the kitchen when the temperature rises, buckles under. He calls Tess (who is depressed and outraged at the treatment she has received at Scarrington Oil), and Tess tells Whiner she doesn't want the chairmanship. She also tells Whiner that she was used to test Jake's popularity as chairman. The board of directors at Scarrington view Whiner's actions as interference, and try to heap the blame solely upon Congressman Whiner (who is now wandering about Capital Hill mumbling Harry Trumanisms and trying to look statuesque with his ever pre- April •,'••• continued from page 9 a colsent ear to the ground lection is being taken to purchase Congressman Whiner a hat in an attempt to lure him to stand up on his own two feet). Jake cryptically declares he will go wherever he can best serve Scarrington Oil. No one is prepared to figure out where Both Congressman that is Whiner and a majority of the board now favor Blame Whitehorse for chairman of Scarrington Oil. This should happen at the next board meeting barring any anti-Whiner up- ... ... risings . ThePower Struggle Continues Future Episodes 1) What will Jake do next? Will he remain an enigma? Is he a wild catter? 2) Why is Fern Conniving smiling? Do Tess and Dick want revenge on Scarrington Oil? 4) Who would want Congressman Whiner for President? What type of hat will get his ear from the ground? 5) Who would ever want to be chairman of Scarrington Oil? A soap opera that has lapsed intotheatreof the absurd I'd rather watch Green Acres. 3) ... GOQQOQGGGOQC Personals SOM medical student seeks female (mid 20'sl for relationship to go to theaters, shopping fun stuff. Sarious inquiries only. you name it 310? Main. — QOOOQOGOQOOG 23,1986 The Opinion 15 �' v 1 -REVIEW^^^ BB Review the comprehensive JOSEPHSON/KLUWER law summaries and outlines... Research the "Tested & Proven" methodolgy and "Program Learning System" (PLS) Compare this pertinent information to other Bar Review Courses... DECIDE JOSEPHSON/KLUWER recommends your decision should be based on facts. . . not hearsay, sales gimmicks, peer pressure or subjective data. Draw your own conclusions.! Once you have decided JOSEPHSON/KLUWER is "the" bar review course for YOU, why not take advantage of our Low $50.00 Downpayment, "FREEZE" your price and "CHOOSE" to receive all your precourse volumes AT NO EXTRA COST!! "That's Right!" JOSEPHSON/KLUWER does NOT require additional monies for advance precourse materials. Because JOSEPHSON/KLUWER trusts your decision to enroll was based on LOGIC AND NOT A .. WHIM!! SEE A CAMPUS REPRESENTATIVE TODAY OR CALL US... JOIEPHION* HillWED LEGAL EDUCATIONAL CENTERS 10 East 21st. Street New York, N.Y. 10010 16 The Opinion April 23. 1986 i (212) 505-2060 (Collect) (800) 253-3456 (Outside NY) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-04-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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The candidates will meet in an election eve debate at 5:00 p.m. Tuesday afternoon in Room 106.The polls will be open in front of the library from 9:00 a.m. to 5:00 p.m. on Wednesday and Thursday. All first and second year students are eligible to vote for officers. See pages 2 and 3 of this special election edition for personal statements from each candidate. The SBA has also proposed five sets of changes to its constitution. Each proposal must be ratified by a majority of the student body in a referendum to be held along with the elections of SBA officers. Graduating seniors, along with other law students, will be eligible to vote in this constitutional referen- dum. The exact text of each proposal, along with the text of the current constitution, is printed on page 6 in this issue. The following is a summary of each proposal and the reasons for the change. The first proposal involves the selection of SBA committee members. To a large extent, the current constitutional procedures for choosing committee members are not'being followed in practice and are considered to be overly complicated. The proposal revises Article V, which is the article on committees, to reflect more accurately current practices. The proposal calls for an Appointments Committee, to be chaired by the SBA President and to include any SBA Board members who want to participate, to interview potential committee members soon after the fall election of class directors. The Appointments Committee will recommend its choices to the whole SBA Board, which will make the final decision. The SBA may also terminate any appointment by a 2/3 vote. The second proposal creates a Constitutional article allowing constitutional amendments. For some unknown reason, the current constitution does not provide an amending process. The proposal would allow amendments to be proposed by 2/3 of the SBA Board and ratified by a majority of the student body. The third proposal deals with the temporary replacement of SBA officers who are temporarily absent. This proposal arises from the situation last fall, when Vice President Todd Bullard was temporarily absent due to a heart attack, and the constitution was unclear as to how he could be temporarily re- placed. Under the proposal, the SBA Board may temporarily replace an officer who is temporarily or permanently absent. The replacement would serve until the absent officer returns or until a new officer is elected. Any officer or class director who is absent for more than four weeks, or misses four consecutive SBA meetings, will have his or her office declared permanently vacant. In the case of a permanent vacancy, a new election will be held unless there are less than seven weeks before the next scheduled election. The fourth proposal slightly revises the powers of the Board of Directors. The current constitution states that diciplinary actions may be taken against SBA members according to "Article VII of this Constitution." Unfortunately, there is no Article VII, although ByLaw VII , •••••••••• ELECTION CALENDAR Tuesday, April 8 Candidate Debates 5:00 p.m. Room 106 — Wednesday, April 9 & Thursday, April 10 Election of SBA Officers (Ist & 2nd year students eligible to vote) SBA Constitutional Referendum (all students eligible to vote) POLLS OPEN IN FRONT OF LIBRARY ' ********** does refer to discipline actions. The proposal simply states that disciplinary actions, including the suspension or expulsion of members, may be taken according to the Constitution, the By-Laws, and Roberts Rules of Order. Technically speaking, this would allow a majority of the Board of Directors to expel an SBA officer or director, since the constitution requires only a majority of the- SBA Board to pass a by-law. The last proposal simplifies the powers of the President and Vice President. The current Constitution requires those officers to sit as members of some committees that no longer exist. The proposal eliminates the non-existing committees, and also state that the powers of the President and Vice President shall not be limited by the basic provisions of the constitution. The idea behind this proposal is that future SBA Boards and officers may custom fashion the specific duties of these two positions the cirdepending upon cumstances at the time. Presidential Candidates Speak WithThe Opinion by Peter Scribner (Editor's note: In order to help student voters choose from among the four candidates for SBA President, The Opinion in- terviewed each at length. The following is an analysis ofthose interviews:) Who they are: Vicky Argento, a second year student, comes from the small village of East Rochester in Monroe County, a town where "everybody knows everybody." She attended nearby St. John Fisher College, and plans to return after graduation, and work in a small firm or as a solo practitioner. She currently serves as treasurer of the Associatipn of Women Law Stu- dents and as an SBA class director. She is on the Student Lounge Committee and the Academic Dishonesty Investagatory Panel. Todd Bullard comes from Henrietta, another town in the Rochester area. Me attended Allegheny College in Pennsyl- vania, where he served in student government for three years. As a law student, Todd has practicipated in BLSA and the Prisoner's Task Force. He was an SBA class director during his first year, and he served as Parliamentarian and Chairman of the Rules Committee. He was elected SBA Vice President this year. He worked in the State Attorney General's Office last summer and plans to work with a private Syracuse firm this summer. Although heis unsure whether he will pursue a career in the private or public sector after graduation, he thinks he might be interested in politics down the line. Bullard missed much of the second half of the fall semester due to a heart attack. "I feel great now; my health is not a problem." When asked if being SBA President might prove to be too stressful he replied "Not at all. I enjoy student government, and something you enjoy is not stressful." Brett Gilbert originally comes from New Jersey, although he now considers Buffalo his home. He received both his undergraduate and masters degree in Philosophy at the University of Toledo. In between, he spent time in Boston as an astrophysics student, in Ghana as a Peace Corps volunteer, and in New Jersey as a high school teacher. He currently teaches in the UB Philosophy Department along with attending law school. He is on the editorial board of In The Public Interest, and is a member of the Gay Law Students Association. Due to his teaching committments, he has not previously run for SBA office, but he will not be teaching next year. Last summer he worked in a farm workers program in Ohio, and is thinking of either teaching or working with a legal services or a legal aid organization after graduation. John Williams, a first year student from the eastern end of Long Island, was an undergraduate at SUNY Purchase where he was president of the student government for two years. He was elected an SBA director last fall, and fias, served on the Rules Committee and the Budget Program and Review Committee. He is also co-business manager of the year book. After law school he is thinking of working in business or perhaps the media, but he is "definitely not thinking of becomming just another lawyer." Why they are running. Gilbert: "I've been a talker these last two years. Now I want to be a doer, not a talker: put up or shut up. We have to get studentsexcited in order to get things done, and that takes enthusiasm. A lot of students know that I am enthusiastic, even though it may take a few years to get things going. Other candidates don't seem enthusiastic enough. In any case, even if I don't win, it's been fun!" Williams: "As president of my undergraduate student government, I fought for student rights. I love to get involved. Some others may be intimidated: I'm not that way. We may not get all we want, but at least students will be taken into consideration when decisions are made. I think I'm the best one for the job. If I thought another candidate was better, I'd step down. Argento: "I've complained a lot about this law school; now I want to do something about it. I care about people and am very good about working with others. If elected, I will keep bugging the administration to get the things we want, and promise to work very hard." Bullard: "I don't need this for my resume. SBA has fallen short of its potential over the last two years, and I want to bring it back up. I have leadership skills of organization, determination and insight. I also have a practical approach to the limits and the possibilities of what SBA can do. I sincerely believe that I am the most qualified. When I had my heart attack last semester, the response of other students showed what a special place this is. I would like to give something back." Where they stand: Williams bases much of his proposed program for the SBA on his experiences in undergraduate student government. For example, at SUNY Purchase, an Educational Policy Committee of 12 faculty members and three students made most of the major academic decisions. He sees a similar Law School Academic Committee operating here, with perhaps 50% student membership. This committee would decide on such things as course offerings and scheduling and anything that involves academic policy, including for example library continued on page 5 Inside ... Candidate Statements Editorial .. 2,3 4 4 Letters Constitutional Changes .... 6 Law Revue .... 8 8 Gumby . .andmuch, much more! �SBA Executive Board Candidates President an elected office you must have a clear idea of what qualities you possess which will enable you to do the job better than anyone else. Because I can devote the necessary time both this semester and next year, and because I have the capacity to work well with others, I feel that I am the best choice for SBA president. I am fully aware of the prob- Photo Credit: Paul Hammond Vicky Argento, President I am a second-year law student. On April 9 and 10 it will be up to you to decide who is the best person to fill the office of president of the SBA. This is my chance to tell you why I think that person is me. Although there are many characteristics a good president should possess, I feel that there are two things which are critical. The first essential element is that you be able to devote the time necessary to fully execute the duties of president. The second essential element is that you have the capacity to work well with other people. I do not have any other commitments (except for school of course) which would prevent me from focusing my full attention on the SBA. I will not be working during the school year next year and I will not be involved in any other organizations if I am elected president. It is important to know what you are getting yourself into when you run for office. Because I have served as a second-year director of the SBA this year, I have a good understanding of how much of a time commitment the job of president entails. Thus, I am not making an uninformed judgment when I say that I can and will be able to devote the time necessary to be a strong president. In order for the president of the SBA to perform efficiently, he or she has to be able to work well with all different types of people. It is imperative that the president possess this quality to a high degree because it is often the situation where you will be working with people not out of choice but rather out of necessity. No matter what other qualifications a person may have, if you cannot find a way to get along with people you may not agree with then nothing will get done. As president, I think that I would be able to deal with any situation which might arise because I am always ready to listen; I respect other people's views: and I am willing to negotiate. Getting along is the key to an efficiently run organization. As a second-year director, I have worked well with the present executive board and the other class directors. Therefore, I feel that I am the candidate most able to benefit from having the elections in the spring. Because I am ready to spend the time necessary to learn the responsibilities of the office this year and because I can work well with the current SBA President, Lori Cohen, I can take full advantage of her expertise and be well prepared to assume the duties of president at the end of this semester. When you decide to run for 2 The Opinion lems that plague the law school: the need for a perman- ent dean, late grades, undergraduates in the library, heavy traffic through O'Brian Hall, and the shortage of parking spaces. I cannot and will not promise that I have an easy solution to all these problems. I am very much against making a lot of unrealistic promises just in order to get elected. There is one promise that I can make because I know I can keep it. I promise that if you see fit to elect me president of the SBA, I will do my very best to solve the problems that concern all of us and to make this law school a better place. rally our alumni around us. More importantly we have to start lobbying the state legislature and the SUNY board of trustees. Trefuse to believe that the State of New York will let its only public law school dwindle away and become second rate. The state is not aware of students' concerns about the present as well as the future of the law school. The burden rests upon the SBA to let them know our concerns. We have to lobby the Buffalo area state senators and assembly persons. We have .helped to put some of these people into office; now it's their turn to work for us. Many of these Western New York State officials are lawyers with strong contacts with the law school. The SBA could, and should, effectively initiate and organize such a lobbying campaign. Internally, the SBA has to strive for more recognition and Photo Credit: Victor Sicluri John J. Williams, President I want to be president of the SBA because I'm qualified to do the job, and believe I can make the necessary changes and improvements of the SBA. For the past year I have been a firstyear director and through this experience I'm familiar with the issues concerning the SBA. I believe that the law school is suffering from an identity crisis. We don't know whether to believe we are ranked 19 or 39; we don't know if the Dean is acting Dean to win an academy award or to try to guide this law school through these tnubled times. Sometimes I get the feeling that maybe we are just an extension of the UB undergrad circle, only our courses exceed the traditional 400 levelof most senior year undergrad courses. This is evident through the presence of undergrads in the library and the halls of Grand Central Station/O'Brian Hall. Many of us don't know why the law school bookstore only takes checks or money orders, which can be a pain sometimes. Some students are not aware of what the SBA is or does. Many stu- dents don't know how the law school is run. As president I will try to provide answers to these questions. For this law school to be viewed in a more competitive light such as other state law schools, (e.g. University of Michigan or Virginia), the initial thrust has to come from a joint effort of students, faculty, and administrators. We as a team have to start trying to achieve a more definedsense of identity and autonomy by making the UB administration realize that we April 7, 198e delay the posting of student grades should be reminded of professional responthe sibilities of faculty members. do exist and our needs have to be catered to. This year the SBA has tried unsuccessfully to get a meeting with the administration to voice various concerns but they haven't been able to fit us into their busy schedules. If I were president I would bring the SBA to their office and wait until they could fit us into their schedules. All the other professional schools have a true sense of identity. Why not us? The SBA has to look to the outside for help. We need to respect from our own administration and faculty. We should have more input into the budget process. For instance, the law students themselves should be involved in the budget decision process in areas directly affecting their interest, including the CDO and the monies-devoted to teaching and research. Students are the ones who know best where there is poor lighting and we should have some input into what kind of towels we want to dry our hands on in the bathrooms. Have any of you ever actually seen an attendant change those dirty cloth towels in the bathroom? Students tend to think that the SBA is not doing enough. As president I would like to try to work with The Opinion to establish a column in which students submit suggestions for the SBA. The bottom line is that the SBA is a student-run organization and the goals of the SBA have to come from the student body. Contrary to popular belief we don't just throw parties. We have to establish an academic committee to be a counterpart to our social committee. Through the committee the student body could bring up academic concerns thatneed to be addressed at this school. I have the experience of three years as a student body president at SUNY Purchase. I've successfully lobbied in Albany against budget cuts and have served on university-wide budget committees. I'll be a student of this law school for two more years. If elected president, I will set long range goals that I will continue to work on even if I'm not in that position the following year. The bottom, line is that I need your vote to make a difference! Photo Credit:Paul Hammond Brett Gilbert, President My motivation for asking you to elect me president is twofold. First, I would like to continue the strong leadership which Lori Cohen has exhibited this past year. Lori has done a great job and we need a new president who can equal her achievements. I believe I can do that. Second, I would like to apply my experience and concern for student issues so as to effect a few changes here at our law school. After speaking to many students, I believe it can be said that most of us are in agreement about a few key concerns. My qualifications for the office of president are these. I am a second-year law student who is committed to advancing those issues which will help make ours a better law school. I have spoken out frequently on many issues and have always welcomed the feedback of those who disagree with me. This continual dialogue between myself and my fellow students has helped me stay on top of those issues which matter to law students. I have also ~i>een able to develop relationships with my fellow students which are based on candor and honesty. You will always get the truth from me. My experience as a teacher, at the high school and college level, both in the United States and in Ghana, Africa, allows me to ap- preciate the concerns of our faculty so as to be-more able to respond to these concerns. I believe I am qualified to be president ofSBA because I believe I have those qualities which make for an effective representative ofthe collective will of the A second issue I would address as SBA president concerns the lack of word-processors in the law school library. Most of us are aware of the word-processors which are available to members of the Buffalo Law Review. I do not doubt the need of the Law Review to have such machines. In fact, I think it is a great idea. Most first-rate law schools are equipped with word-processors for student use. As SBA president, I will work with the administration to acquire perhaps three or four word-processing* units which would be available to all law students, whether it be for Research and Writing or the Moot Court competition. Our law school should join the ranks of other major law schools by providing this valuable service to its student population. There are of course other issues I would address as SBA president. I would continue and expand the SBA social activities which were so popular this past year, such as the "3-Day Escape Buffalo Weekend" and the parties at Pine Lodge. I would also work with the administration to establish on-going student input as to second and third year course offerings, perhaps through a permanent committee. Finally, I would seek student- support to establish an SBA speakers committee that would sponsor well-known speakers which smaller student organizations cannot afford. In closing, I offer the law school student corpmunity en- thusiastic and assertive leadership. My commitment to making our law school a better place to learn is /strong; my methods of achieving this goal will depend upon honesty and, strength through unity. The best thing about our law school is its students, and it is only because of you that I want to become SBA president. As I have said before at other moments: with your help we will win. Please vote on April 9 and 10. student body. There are several issues - which I find to be on the minds of many law students. They are the kind of issues which SBA can have a significant influence to affect. The first issue concerns the lack of professional responsibility which many law professors exhibit when they do not submit student grades in a reasonable and timely fashion. When students are forced to wait months for their grades, it can only increase the apathy and dislike of law school. This problem is especially aggravating to graduating seniors and those who need completed transcripts for job applications. It is no wonder that the treatment of Legal Ethics is slighted at this law school when so many of our own professors seem unaware of their own ethical and professional responsibilities. As SBA president, I will act as a conduit through which the students can express their thanks to professors who take this concern of students seriously. However, those professors who seriously Hhoto i mlit: Paul Hammond H. Todd Bullard, President I am running for president of SBA because I sincerely believe that I am suited for the position both by temperament and experience. It disturbs me that our student body has shortchanged itself by failing to exercise more student input in the shaping of school policy. We law students should realize our potential to make things happen for the better at this school. I strongly desire to see a more informed and active student body. A vote for me is a vote for balance, strong advocacy and leadership. �Outline Qualifications and Goals Vice President reach and education. From my teaching and organizing experiences, I have acquired many skills which can be valuable for an active, effective SBA vice-president. The ability Photo Cndll: Victor Sklari Jack Luzier, Vice-President A lot of my fellow students already know me and are at least somewhat familiar with my background. For those who aren't or who may wish to know more, a brief synopsis. I was born and raised in Western New York and have lived in Buffalo for the past 11 years. I went to school at Buffalo State, graduated with a degree in exceptional education, and was employed for four-and-a-half years as a special education teacher. Along with teaching, I was very active in local social change efforts, particularly with the Sierra Club Radioactive Waste Campaign, where I helped to organize numerous special events in addition to working on community out- to accept and delegate responsibility, to create positive personal and professional relationships, and to developthorough, creative strategies for dealing with challenges are a few of the strengths I have to offer. In law school, I have contributed my time and talents in a variety of ways. During my tenure as vice-president of the Environmental Law Society, I helped turn an organization which was essentially dormant into a highly visible, active group. I worked on last year's commencement and orientation, and I am presently working with Brian Bornstein on organizing this year's Race Judicata (see article in this issue). Now I wantto do more. I believe that our law school is at an important juncture. The perceived decline in the quality and status of our school, the eroding morale of the student body, and the threat of even more traffic on this campus are just a few of the problems that need everyone's attention, but particularly the SBA board and again and again; who knows the great enthusiasms, the great devotions, and spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement; and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who know corries short its executives. I do not promise solutions to all of these problems, nor do I claim to have all the answers. But I believe I have the skills, energy and desire to make this a better place for all of us. We all have a duty to be aware and active in creating solutions to what we see as problems, I will promise to keep regular, posted hours at the office and would expect all SBA executives and directors to do the same. We cannot be accountable if we aren't accessible. In the past we have seen too much of an "us against them" attitude, whether it is toward individuals, the administration or the university and community at large. This attitude only in- hibits the implementation of positive answers to our problems. I am willing to listen to the views and ideas of others and fashion collective solutions. I could say more but we lawyers tend to talk too much as it is. The proof is in the person. The next step is for each of you to vote. But it should be far from the last step. Get involved. Thank you for your time. Photo t-refill: Victor Sklari Brian Bornstein, Vice-President I once asked a friend of mine, President Theodore late Roosevelt, what qualities he looks for in an SBA officer, and he stated: "It is not the critic who counts, not the SBA officer who points out how the strong man/woman stumbled, or where the doer of deeds could have done them better. The credit belongs to the SBA officer who is actually in the arena; whose face is marred by dust and sweat and blood; who strives valiantly; who errs and Treasurer of the association.to fulfill what should be its first and foremost duty: to adequately represent the needs and desires of the law Secretary Board do pot go to waste, but are continued until we see some tangible results. The SBA is an organization that can and does add to our experience at UB Law School. But, this does not mean that we should not work to make it better organization. I am willing to work hard toward this end, and welcome any comments, suggestions and advice on how SBA can better serve the needs and concerns of the law stu- a\^ Photo l i rtlil: Paul Hammond Karen Buckley, Secretary As a second year director, I have had an opportunity to be active in SBA and represent my classmates. For my third year, I would like to continue my involvement as secretary. I feel my experience, commitment and willingness to work hard would serve me well in this ca- dents. I would appreciate vote on April 9 and 10. your Thank you for your consider- ation. pacity. The position of SBA Secretary requires more than just attending meetings. Extra hours are called for to ensure that the administration and the student body are fully informed of the issues and concerns addressed by the board, as well as publicizing SBA-sponsored activities. I am willing to put in the extra time and effort to ensure these objectives complished. are ac- The present SBA Executive Board has been working to facilitate communication between the law school administration and students, as well as attempting to amplify the law students' voice In decisions on the University level. This goal is certainly an important and laudable one; however, more needs to be done so that law students have input into decisions regarding John Lord O'Brian both academically and aesthetically, I will make it a priority to see that the efforts of the present SBA Executive — Photo Crtdlt: Victor Sldari Nancy Steiger, Secretary There are far too many complaints among my fellow classmates regarding the ineffec- tiveness of the Student Bar Association. One of the more prevalent complaints includes the accusation that the SBA is nothing more than a social organization responsible for the implementation of parties. Other complaints include the suggestion of phasing out the SBA completely. Admittedly, the SBA has implemented a large number of the parties that occurred this year. The turnout however, was quite impressive and consisted of a cross section of the Law School's student body. Obviously, some of Buffalo's law studentsdon'ttake exception to SBA's parties. students. As a member of SBA, I would work towards strengthening a , SBA serves more functions than merely planning parties. The SBA is the only voice of the law students. It is the only community atmosphere among the law students, achieving more responsive interaction bridge between students and faculty. It is important for us to have this voice because without it we are rendered mute. There are many changes that need to occur within the law school: our reputation needs to be upgraded, we need to gain respect from the University of Buffalo, we need better facilities. The SBA is the only tool we can utilize to implement these changes. In order to accomplish this, the channels between the students and faculty must always remain open. As secretary, some of my plans to accomplish this would be a monthly newsletter to both students and faculty in an effort to keep communication open, and a suggestion box in the mailroom where students can voice their complaints. Although the secretary does not have much political power, it still is an important position. Many of my views will influence the Student Bar Association. I chose to run for secretary for that reason. I want my voice heard, I want the opportunity to I'hnin Cndit: Victor Sklari Susan Biniszkiewicz,Treasurer First of all, let me say that I am aware that the office oftreas- urer requires a relatively heavy time commitment. So many people have warned me about that that I guess I must be either dedicated or stupid to seek the office (take your pick). Nevertheless, I think I'd be a good management (something like an MBA). I am familiar with many different accounting systems and have set up some systems myself, so hopefullyf-it wouldn't take long for me to become familiar with the voucher i imiinuvd On page 5 ganized responsible and enough to fulfill the requirements of the position. Even more important; as a first-year dent, I have two remaining years at Buffalo Law School. What better incentive than that for me to serve my school. I want to see changes implemented because I will be here to experience themI representatives. SBA requires everyone's support, cooperation, concern, and input to make it run effectively. Please provide your input by voting April 9th and 10th. surer include the fact that I am a full-set bookkeeper and have a master's degree in systems accomplish changes within the portant to have this knowledge in order to effectively serve on the executive board. Finally, as a first-year stu- between students and administrators, a better and more extensive course listing, and a closer relationship between students and their elected SBA treasurer. My qualifications for trea- school. Furthermore, I am or- director I became familiar with the Student Bar Association. I know how it works and what it needs to run. I feel that it is im- neither victory nor defeat." If elected SBA vice-president, I pledge to follow the words of Roosevelt. I will give it my all and not back down from any challenges. I will use my experience as an SBA class director, co-social chairman, and student lounge committeeman to pursue concerns of the student body such as the dean search, course selection, late grades, lack of community feeling, and the need for a student lounge. Also, one needs not to forget the broader goals which are to maintain and continue to improve the academic and social excellence at the school. Opinion Ilk photo Cora Alsante, Treasurer Because SBA represents the entirestudent body, it is impor- tant thatits officers are responsive to their opinions and con- cerns. As a first year law student, I realize the importance of taking an active role in student government, and enthusiastically working together with the rest April Photo Crrdil: Victor Siclari Terry Gilbride, Treasurer Being a member of the finance committee this past year, I had an opportunity to work closely with this year's treasurer which enabled me to become acquainted with the responsibilities of the office. Like any other voting member of SBA, the treasurer is faced with the general issues that involve the law school community. Without setting forth an elaborate platform, as a member of SBA, I would like to accomplish the following: 1) Re-establishing the law school's identity within the Uni- versity; 2) Urging the administration to replace former Dean Headrick as soon as possible with a qualified dean; and 3) Obtaining quality mainten- ance of O'Brian Hall. The bulk of the treasurer's continued on page 5 7. 1986 The Opinion 3 �-_T\, r 1 OPINION /■!§ STATEUNIVERSITY OF NEW TORK AT B'-TFALO SCHOOLCF LAW Volume 26, No. 13 April 7, 1986 Editor-in-Chief: Victor R. Siclari Jeff H. Stern News Editor: Paul W. Kullman Features Editor: Timothy J. Burvid Business Manager: Harry Bronson PhotoEditor: Paul F. Hammond Managing Editor: Layout Editor: Production Editor: ContributingEditor: i. Kevin O'Shaughnessy Charles E. Telford Peter Scribner Staff: Idelle Abrams, Craig Atlas, Duane Barnes, Alberto Benitez, Dave Chapus, Sue Clerc, Diane Dean, Michael Gelen, Krista Hughes, Jack Luzier, Dave Platt, Melinda K. Schneider, Amy Sullivan, Dana Young. Next Issue 4/23 — Deadline 4/14 c Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Endorsements: More Trouble Than They Are Worth After considering the advantages and disadvantages, this newspaper, in accordance with its long-standing policy, has chosen not to endorse candidates in this week's SBA election. Furthermore, we question the wisdom of endorsements in law school elections. No one doubts the right of any student to state publicly his or her view on SBA candidates. But is it a good idea for school organizations or their officers to endorse SBA candidates officially? This question arises because, in a letter published in the last edition of The Opinion (Vol. 26, No. 12), the three outgoing SBA Executive Board officers publically endorsed one of the candidates running for SBA President. Apparently they got together on their own, and made their decision without consulting anyone else on SBA. How was this endorsement made? What characteristics were they looking for? How well did they know all the candidates? Why did they only endorse a candidate in the presidential race? Were they out to get someone? And how can anyone know whether the endorsement was based upon the cryptic reasons briefly stated in their letter, or was made for more private reasons? Two issues are presented here. The narrow question is whether SBA Executive Board members should endorse candidates. On the one hand, an SBA executive officer is in a good position to determine the qualifications a candidate needs for that office. But such endorsements compromise the custom of executive neutrality. For example, the SBA President traditionally not vote at SBA Board meetings, remaining instead a non-partisan presiding officer. But how can this officerremain non-partisan while actively participating in the most partisan event of the year? Furthermore, won't endorsements work to the unfair disadvantage of those candidates who disagree with the current officers during the year? Will endorsements perpetuate the 'ins' at the expense of the 'outs'? And, if nothing else, doesn't the current controversy illustrate how endorsements can divertattention from the election itself, which is, after all, the main event? The letter from nine SBA directors appearing opposite this column correctly sets out the problem. Spring elections are a new thing. Endorsements by SBA officials are likewise a novelty. The question is complicated and controversial. Therefore, the whole SBA Board ought to have debated the wisdom of endorsements before the current officers took their unilateral action. The second, and broader, issue is the value of endorsements in general. The whole purpose of an endorsement is to put the prestige of the endorser behind one candidate, at the expense of the others. How can you, the voting student, judge the soundness of an endorsement? Quite simply, you can't. You shouldn't vote for or against a candidate simply because someone else says you ought to, even if that someone else is a person whose own abilities you may respect. There is no reason why you cannot make your own decision, based upon your personal contact with the candidates, the reams of information contained in this special election issue, and the candidate debates to be held the afternoon before the election. You don't need someone else's help. After all, the that really counts is your own. only do^s endorsement The Opinion will be holding its annual elections for Editorial Board positions on Thursday, April 10, at 5 p.m. in Room 724. All first and second year students are eligible to run. 4 The Opinion April 7, 1986 Letters to the Editor SBA "Endorsement" Attacked Dear Editor: This letter is written in response to the SBA presidential "endorsement" which appeared in the last (March 26th) edition of The Opinion. First, we wish to make clear that such "endorsement" was the product of three members of the SBA Executive Board, and not of the 21-member Board of Directors. The Board of Directors had no knowledge that any such endorsement was to be made, and had absolutely no input into this procedure. This year, with overwhelming approval of both the student body and Board of Directors, SBA Executive Office elections (President, Vice-President, Treasurer and Secretary) were moved from early fall semester to late spring semester. The issue of the propriety of officeholder endorsements of candidates is thus a novel one. We believe the issue is of sufficient importance to merit discussion Editor: This letter is in reference to the recent "endorsement" of a presidential candidate by a majority of the current executive board. Since I am running for an executive board position, I believe it may be viewed as improper for me to publicly take a stand on the propriety of that endorsement. I believe that other individuals in this school are addressing that issue. I do not know if the present by the Board as a whole, after receiving feedback from the law school community. The clandestine manner in which the three Executive Board members went about publishing their endorsement shows a willful and callous disregard on dorsement" positions. However, in anticipation of possible endorsements and at the risk of being presumptuous, I choose not to accept any public endorsement from these individuals. In addition, the present executives have been involved in moderating the election "debates". Clearly, moderation of election debates should be by unbiased individuals. Any mdi amount of Sincerely, Sim Goldman Third Year Director their part to the opinions of the law school student body and their elected representatives. By the time this letter is read, the issue ofSBA endorsements will likely have been aired and discussed fully at a weekly SBA meeting. We find it regrettable that the three' individuals (Lori Cohen, Jerry O'Connor and Colleen Rogers) shunned the input of the Board of Directors and the law school community in both unilaterally choosing whether to make endorsements, and deciding whom to endorse in the upcoming election. We trust that students will give the Executive Board's "en- executives plan on endorsing other candidates for executive the credence which it deserves, and will make their own intelligent choices in this election. Leslie Stroth Third Year Director Nancy Holtby Second Year Director Karen Buckley Second Year Director Susan Biniszkiewicz First Year Director Delano Robinson Third Year Director Joe Jarzembek Third Year Director Brian Bornstein Second Year Director Lionel Rigler Third Year Director cation of public or private favoritism should disqualify such individual from involve- ment in events. supposed neutral Therefore, in the interest of the integrity of the electoral process, the next election debate should be moderated by individuals who have not publicly endorsed any candidate. To the otherwise would be improper and unethical. Jack Luzier A Solution to the Marcus Affair Law school is an alienating experience. Dean Schlegel acknowledged this by citing (with genuine frustration) the prevalent individualistic form of education; he would rather see group learning. This is a valid bufharrow acknowledgement of alienation, leading to the conclusion that we do not have an ideal educational system and thus students must reconcile themselves to an alienating process. The idea that law school is arj alienating experience illuminates the dynamics of the family law exam dilemma. Students sign up for a course but retain little control over the curriculum, the presentation, the professor's perception of what has or has not been understood by the class. Professor Marcus suggests that students could have consulted with her and expressed their dissatisfaction. But how affect the power relationships inherent in a lecture composed of roughly one eighth of the entire law school? Would students have gained control over curriculum, rate of assignment, content of class discussion, clarity of information conveyed, ratio of anecdote to doctrine, emotional tone of a critique of a dearlyheld value? Surely, one may argue, approaching the professor is a step. But this fails to account for the fact that students arrive at class already having experienced alienation. (I am not asking for approval, I am just asking for insight.) The family law class may have been more frustrating than some others because of its size and the style of the professor and even the ambiguous thrust of the course. Possibly the class held a recalcitrant attitude towards new and radical ideas. Yet, doesn't the requirement that students had to reexamine their values bear crucially on their difficultyin tolerating the frustration that comes with trying to grasp a course? I believe that it is a healthy response on the part of students to talk amongst themselves, to give each other support, to acknowledge the broad and ambiguous nature of the exam, to express frustration with the course as a whole. Where, then, does one draw the line between contact that lessens alienation and "cheating"? During any popular uprising, authorities are forced to fjush definitional lines to extremes unacceptable under other circumstances. The Supreme Court in Blaisdale held a breach of contract not to be a breach under the circumstances of the Great Depression. The administration fears to put its own integrity in question by tolerating a breach of test-taking duty. Yet, as in Blaisdale, the breach is so widespread that the norm itself may be forced to conform. To some degree, students responded to a more-than-ordinarily-alienated situation by taking control into their own hands. It was suggested that each student, having heard a vague and possibly incorrect version of one or both of the exam questions, ask the professor whether it was alright to take the exam. How absurd! The student is expected to yield up every iota of power even the personal decision as to whether their exposure to information makes them ineligible to be examined in a course. And paradoxically, those students with most knowledge of the exam ques- — tions would have been best suited to judge the value of their premature exposure. Since the questions were broad and vague, it is unlikely that a student would have disqualified him or herself by virtue of that exposure. It is only by reference to an external and alienated continued on page 5 Moynihan Accepts Invitation We are finally getting somewhere with Commencement! Daniel Patrick Moynihan has accepted our invitation to speak at our Commencement. In addition. Prof. Joyce will be the Faculty Speaker and WalterRamos the Student Speaker. We are planning a picnic for Commencement weekend and the party at the Marriott is coming along. We will be asking students to determine how many tickets they are going to need for the reception so that we may order enough food. Tickets will be $2 each for the first five, and $1 each for any additional tick- ets. Any first or second year students interested in being an usher on the day of Commencement should leave a note in my box (#720). Any assistance would be greatly appreciated. Let's enjoy!) Gina M. Peca �Candidate Interviews hours and the CDO budget. Williams also believes stu- dents should have "input into the initial law school budget decisions" and should be involved in lobbying efforts with the state legislature to insure the school is provided for. When asked if he thought it was realistic for law students to engage in such ambitious activities, he said "it is very realistic" and again cited his under- graduate experiences. Brett Gilbert supports a long list of specific programs. For starters, he would like to see word processors installed in the law library, and student training in their use. "Other schools have walls lined with them." He believes that the late grading practices of some professsors are "ethically inexcusable. I'm a [UB Philosophy] teacher, and I have to get my grades in in four days." He thinks that legal ethics could be taught in a more serious manner here. "We could start by using law school ethical considerations, such as cheating, as a starting point for discussions." Like Williams, Gilbert believes that there should be more student input in course selection. Both propose a committee with 50% student membership. But while Williams' committee would be involved , selection. He would like to see a system developed where students who are interested in a seminar on a particular subject could petition the faculty to consider the request. When asked if he supports the idea of SBA passing resolu- tions purporting to reflect student opinion on controversial political issues, he replied that such resolutions would have much greater impact if they were passed by the student body in a referendum. "The very act of holding a referendum is a newsworthy event", and as an example he pointed out the Brown University student referendum on nuclear weapons. Todd Bullard is mostly concerned with the internal operation of the SBA, and its relation- ship to student organizations and the student body. He be- lieves that as Vice President this year he received poor treatment from other SBA officers, especially from President "Lori Cohen, whom he called "vindictive." He is especially upset that the other officers secretly got together and agreed to endorse another presidential candidate, and he does not attempt to con- ceal his bitterness. But he believes he would avoid such problems next year. "Our biggest problem is lack with all aspects of academic decisionmaking, Gilbert is pro- of communication, both within the SBA and within the student posing a more limited committee that would act as an advisory board to the faculty in the areas of course offerings and body." He believes the key is better publicity, and proposes that SBA set up a communica- Biniszkiewicz .. system required by Sub Board. As a first year director, I've also had a chance to see how the SBA operates. Chairing the rules committee has given me a chance to help write changes to the present SBA constitution, and also to acquire some insight into how (and whether) the system can be changed. tions committee. He also thinks practice is- that the Treasurer changed. In my opinion, the Finance Committee should be selected by the same process and by the same committee that determines who will serve on committees like Library, Dean Search, and FSRB. Current far short of that goal. So far, all of the conference money requests have had merit, but under this system, one student traveling to Washington gets — — Marcus . standard that a student should have yielded that decision back to the professor. The administration insists on the form of the act, while the students insist on the substance of their decision. When viewed from this perspective, even those who consciously and carefully transferred the exam questions between themselves may be re- garded as occupying the far end of a continuum of a response to alienation. Professor Berger barked about setting an example. Dean Schlegel meowed in agree- hanced to improve publicity and to help keep the executive board in touch with each other and with other SBA directors. As the cv rrent Vice President, he thinks that the position should be expanded. "My Vice President will assist me in dealing with the Law School and University Administration." He also sees the Vice President maintaining contact with other university student governments and organizations, as well as engaging in his own or her own "pet projects." Bullard would like to see SBA, meet only once every two weeks, rather than weekly as is now the case. The time in between could be used for such things as a proposed Organiza- tional Caucus, where representatives of all law school student could meet organizations monthly and coordinate ac- tivities and contributions. He would like to "avoid back stabbing between organizations" which he sees happening now, especially in the budget pro- cess. He would also like to see better orientation for newly elected SBA directors. "My whole theme is more organiza- tion and more unity." * Bullard also proposes to hold formal Student/Faculty panel discussions or forums, where students could voice concerns to faculty members. "A student moderator would direct comments into positive areas." He believes students should "continue to agitate for a permanent • •eoAUnued from page dean, and not acquiesce to the plan for an interim dean." And in general, he hopes students would get more involved in law school concerns. "I would want to see Schlegel's appointment book filled with students wanting to see him." Vicky Argento's biggest concern, like Bullard's, is lack of communication. "People don't know what's going on." She would want to speak at first year orientation, and also spend a few moments in some classes to explain what's happening in SBA. "Students might not be so dissatisfied if someone was willing to go to them." She also would like to establish regular office hours for students to get a hold of her_ in the SBA office, and wants to set up an SBA suggestion box. A student activities bulletin board protected by glass doors and maintained by the SBA Secretary would also help, she believes. Also like Bullard, Argento is mostly concerned with the operation of the SBA as an effective student government. For example, earlier this spring, the SBA heard reports that some law school committees were not meeting. "The student committee members should report to the SBA about what is going on with their committees. And if they are not meeting, the SBA president should meet with the chairman and find out why." When asked whether she thought she could accomplish I something if a committee was chaired by a seasoned faculty member, she replied "I can be a real pest, and am not discouraged easily. I'm willing to put in as much time as is necessary." Argento also believes that the faculty should be more involved in or at least informed about SBA and other student activities. She would like to send them an SBA newsletter and invite them to attend SBA meetings. She also envisions student/faculty forums where students could ask faculty members questions on either special or general issues in a structured environment. She cited the recent meeting on the academic honesty code with Schlegel as a good example. When asked about the problem of late grades, she suggested that SBA might compile a public list of the worst offenders to help inform unsuspecting students. But it was pointed that this just accommodated the problem rather than solved it. Students would choose professors based upon their grading speed rather than their academic qualifications. In fact, her idea might encourage instructors procrastinating since their students couldn't complain about lack of notice of grading practices. After con- sidering thesepoints, she agreed that the idea of publicizing late grading practices maybe wasn't such a good one after all. • ••••• continued from page 3 selects the committee members. There is potential for abuse in such a system, and it should be eliminated. Another thing I would like to see changed is the present system of allocating monies for law school students to attend conferences. Currently, the Board of Directors usually approves $75 per conference. The $75 limit rule was initiated in the interests of fairness, but it That brings me to the subject of what I would like to see the Secretary's job could be en- results in something that falls $75, three students attending a conference in California each get $25, and 20 students traveling to Chicago collect a whopping $3.75 apiece. Besides the economic unfairness of such a system, there is no relationship between money spent and benefit to the school. I would like to see a program set up whereby money would be allocated on a basis of number of students attending, and cost of the conference would be weighed against value to the school. One method of doing this would be to consider requests for conference funds together, instead of on a case-bycase basis as is presently done. • ment. It is dangerous, it is always dangerous, to make an exception. But there is more than one example to set, more than one problem to solve. This is a school. If the deans want the students to learn, then the deans should teach. This phenomenon was, in a sense, a popular uprising, but it was also an aggregate of many personal decisions. If the deans and professors quarrel with the criteria relied upon in formulating those decisions, they should challenge them in a forthright, constructive and continued from page 4 thoughtful manner. I do not offer a perfect method for accomplishing this task. But granting amnesty and asking students to come in and talk is a way to stimulate thinking and both directly and indirectly disseminate to students new criteria for making future decisions. The very point of Professor Marcus' course in family law was to empower the student to question values and translate them into action. Elan Gerstmann Probably one of the best ways to accomplish this would be to hold hearings before the Fi- nance Committee once or twice a semester, and then have the committee's recommendations on conference funds presented to the SBA Board of Directors for final vote. It's true that it would be somewhat more complicated than the present system, but it seems to me that right now we're penalizing the programs that inspire the most interest. between the Treasurer and student organizations. The most consistent complaints I have heard are that vouchers aren't properly submitted and that money is too slow in coming. I have no magic solution, but I do know that something has to be done. I'm open to constructive suggestion, and if the solution would be to hold occassional meetings with organization representatives, or to attend an occasional organization meeting, I'm willing to try. In short, I know it's a tough job, but I want it anyway. If elected, I'll do my best. Please give me your vote. The last issue I'd like to address is probably by far the most important: coordination Gilbride ...... duties, however, involve a number of administrative functions; namely, working with the finance committee, handling budget proposals, and disbursing funds. To these ends I can only promise that I will meet • ••••• continued from page 3 these demands to the best of .ny ability with fairness and efficiency. I would appreciate and your support urge everyone to make an informed choice. VOTE IN THE SBA ELECTIONS WEDNESDAY AND THURSDAY ** ***** 5|C American Secretarial Service, Inc. 945 Ellicott Square Building 852-0958 Term Papers Word Processing Steiger. Todd Bullard. Vicky Argento. SBA candidates (I to r): Jack Lu-.ier. Briar. Bornstein. Brett Gilbert. John Williams. Nancy Susan Biniszkiewicz. Terry Gilhride. • • Resumes • Reasonable Rates •Student Discounts • Quick Returns April 7, 1986 The Opinion 5 �Text of Proposed SBA Constitutional Changes Proposed SBA Constitutional Changes: (As mentioned elsewhere ir this issue, the SBA is proposing that the following five changes be made to its constitution. Each of these amendments must be approved by a majority of the student body in a referendum to be held along with the election of officers, i Proposal #1: Revision of com- mittee selection system: This proposal completely reworks Article V of the Constitution. The proposed Article V reads: Section 1: The Committees of the SBA shall beas provided for in the By-Laws. Section 2: Except as provided for in the By-Laws, appointments to Law School and University committees will be made in the same manner and at the same time as appointments to committees of the SBA. Section 3: AppointmentsCommittee 1. The Appointments Committee will be chaired by the President of the SBA, and will include the Vice-President, Secretary, Treasurerandany otherDirectors who wish to participate. 2. As soon as practical after the Fall elections, the Appointments Committee will publicize available committee positions and interview prospective candidates in accordance with the By-Laws Interviews shall take place no earlier than oneweek after committee positions have been publicized. 3. Recommendations of the Appointments Committee will be given to the Board of Directors at the first regular SBA meeting following the interviews. Approval of any recommendations will be made by a majority of the Board of Directors, present and voting. Section 4: All committee appointees will serve fromthe time of their confirmation by the Board of Directors until their successors are duly confirmed, unless removed under the provisions of Section 5, below. Section 5: Should the Board ofDirectors, for any reason, wish to terminate theap- pointment of any SBA member to any committee, it may do so by a two-thirds University Committee, under procedures set forth in the By-Laws. (2 3) vote. This proposal replaces the current Article V, which reads as follows: Section 1: The Standing Committees of the Board shall be Admissions and Records, Appointments, Athletic and Social, Distinguished Visitor's Forum, ExternalAffairs, Finance, Placement, Rules, and Advisement. Section 2: Special Committees may be created by the President or the Board from time to time as it is deemed necessary, provided that the creation of such Committees and the specific mandate of such Committees, shallbe madewith the advice and consent of a majority of the Board, presentand voting. ThePresident shall make appointments to such committees with the advice and consent of a majority of the Board, present and voting; if the President refuses to do so, the Board may assume this duty for specific Committees by a two-thirds (2/3) vote of its members, present and voting. A Special Committee shall exist until disbanded by a two-thirds (2/3) vote of the Board, present and voting. Section 3: Appointmentsto Committees. 1. The SBA Appointments Committee shall be made up of only members of theBoard. 2. No Standing or Special SBA Committee shall have less than five members. 3. Appointments of SBA Officers and Directors to Standing and Special SBA Committees shall be made by the President with the advice and consent of a majority of the Board, present and voting, providing that each committee has at least 2 members from the Board. 4. Appointments of SBA Officers and Directors to Law School and University Committees shallbe made by thePresident with the advice and consent of a majority of the Board, present and voting, providing that each committee has at least one member from the Board. 5 The SBA Appointments Committee may, with the advice and consent of a majority of the Board, present and voting, appoint non-Board members to participate as full members of any Standing or Special SBA Committee (except Ap pointments) and of any Law School or Section4: Term of Office of Appointees. 1. All Committee members must be appointed as soon as possible after electionseach fall, and shall serve until their successors are duly appointed. 2. Notwithstanding Paragraph 1, if a vacancy occurs in the office of President, the terms of all appointees shall end one week after the newly elected President takes office. During that one week period, the President may reappoint, without the advice and consent of the Board, any appointee. All positions not reappointed shallbe filledunder the provisions of Section 3, above. 3. Notwithstanding any other provisions in thisConstitution, the Boardmay, upon the motion of any member of the SBA, by a two-thirds (2/3) vote of those present and voting, terminate the appointment of any committee member, including that of an officer specifically designated to a committeeunder thelanguage of this Constitution. Any vacancy occuring under this provision shall be filled under the provisions of Section 3, above 4. If a vacancy occurs in any committee, the vacancyshallbe filledunder the provisions of Section 3, above. Proposal #2: The current Constitution does not include a provision for amendment. The following proposal will be added as a new Article VI: : Section 1 Amendments to thisConstitution will be proposed by the Board by a two-thirds (2 3) vote, and ratified by the membership of the SBA by a simple majority of the votes cast. Section 2: Any referendum for the purpose of Constitutional change will take place on two consecutive school days, will be well-publicized prior to the vote, and will be conducted according to any additional rules setforth in theBy-Laws. Proposal #3: The current Constitution does not provide for the temporary replacement of officers. The proposal, which will revise and expand Article 111, Section 5 and 6, reads as fol- - lows: Section 5: Temporary Absence and Permanent Elective Office: 1.Temporary absence: Officers or directors are temporary absent when they are temporarily unable to carry out the responsibilities of theirposition or when their position has been declared permanently vacant and no successor has been elected. 2. Substitution of a temporarily absent officer: a) A temporary substitute may be appointed whenever an officer is temporarily absent or whenever an officer temporarily assumes another SBA office. b) If the President is temporarily absent, the Vice President shall temporarily assume that office. If another officer is temporarily absent, the board may appoint a board member to serve as a temporary substitute. c) A class director who is appointed a temporary substitute officer shall also continue to serve as a class director. d) A temporary substitute officer shall serve until the permanent officer returns from a tempory absence or until a new. officer is elected. A candidate elected in the regularly scheduled spring elections ofofficers shall immediately replace a temporary substitute officer. c) No temporary substitute shall be appointed for class directors who are temporarily absent. 3) Permanent Vacancy: a) The Board shall declare an elective office permanently vacant if the holder of the position resigns, is removed from office, or is temporarily absent for SUMMER SESSIONS 1986 • May 19 to June 30 CREDITS COURSE Commercial Paper Conflicts of Law Debtor-Creditor Evidence Family Law Law and Medicine Remedies Secured Transactions The Child, The Family and The State Unfair Trade Practices Wills, Trusts and Estates 3 3 3 4 3 3 3 3 SUMMER SESSION II July 1 to August 11 COURSE . CREDITS AdministrativeLaw Comparative Law Federal Courts Federal Income Taxation of Individuals InternationalLaw Legal Issues in Public Education Legislative Process 3 3 3 4 3 3 3 3 3 4 UNIVERSITY SCHOOL OF LAW Hempstead, Long Island, New York 11550 Holstra University It an equal educational opportunity institution 6 The Opinion April 7. 1986 permanently vacant. c) If a permanent vacancy occures in an elective office other than the office of President and there are more than seven class weeks beforethe next regularly scheduled election ofexecutive board officers or, in the case of a vacancy in a class director position, seven weeks before the end of the semester, an election must be held to fill the term, such election to take place no later than eighteen (18) class days after the vacancy occurs. The election may be waived at the discretion of the SBA Board if no more than one candidate meets the requirements for a valid candidacy as determined by SBA. Section 6: No member may hold more than one permanent position as a member of the Board of Directors at one time, and shall have only one vote. The current Article 111 Section 5 and 6, which would be replaced by the above proposal, reads as follows: 1. If a vacancy occurs in an elective office and there are more than fortyeight (48) class days left in the term of office of the departed Board members, and election must be held to fill the term, such election to take place no later than eighteen (18) class days after the vacancy occurs. The election may be waived at the discretion of the SBA Board if no more than one candidate meets the recontinued on page 7 A unique, multidisciplinary course of study offering a singular educational opportunity for lawyers whowish to practice in this dynamic, fast growing area of specialization. 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The office of Vice President shallthen be declared Master ofLaws ' Boston University School of Law HOFSTRA LAW SCHOOL SUMMER SESSION I Vacancy in |§9 J JNU iHTMTirMfm. i !*!= For a catalog containing detailed information and application forms, write: Graduate Program In Banking Law Studies Morin Centerfor Banking Law Studies Boston University School of I .aw 765 < lommonwealth Avenue Boston, Massachusetts 02215 or call: 617/353-3023 �Text. The Buffalo Law Review is pleased to announce the election results for the 1986-87 Editorial Board: EDITORIAL DEPARTMENT SPECIAL! mSS «Mafs U EDITOR-IN-CHIEF PaulWessel PUBLICATIONS DEPARTMENT With this ad... PACKAGE OF 50! Includes •• • | Typeset 1 pg. resumes (BV2 x 11, black ink) 50 Matching Blank Sheets 50 Matching Blank Envelopes PROFESSIONAL ARTICLES DEPARTMENT ARTICLES EDITORS | JohnK.Lapiana Evan Shapiro Jane Smith BOOK REVIEW EDITOR Robert Lehrman Hugh M Russ, 111 I [ STUDENT ARTICLES DEPARTMENT Anne Adams Bradford P. Anderson SpencerG. 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Delivery of all vehicles must be taken by August 31, 1986. or £how to C G£ C/> q «Ucle you buy , omp etc f C Z* M^ HF^ Proposal #4: Revision to pow- ers of the Board of Directors: Article IV, Section 1, paragraph 3 currently reads as follows: 3. The Board shall additionally be empowered to make any and all By-Laws, give or withhold its advice and consent to such activities as thisConstitution or any rules promulgated in pursuance thereofshall require, pursue disciplinary actions against officers and SBA members according to whatever procedures are provided in Article VII of this Constitution and the parliamentaryauthority herein adhered to, and generally exer cisc whatever powers may be granted to it by other Articles of thisConstitution. The proposal modifies the end of this paragraph to read as follows: The Board shall additionally be empowered , ... pursue to disciplinary action^ including suspension or expulsion, against officers and SBA members according to what procedures are provided ever^ for in this Constitution, the SBA By-Laws, and Robert's Rules of Order. FOR $400 AND PRE-APPROVED CREDIT ON A NEW FORD «?* . Section 6: No member may hold more than one position as a member of the Bogrd of Directors at one time. . Proposal #5: Modification of 1-800-4574065 ■ And don't forget...you ™us* at least a bachelor s degree or a state m license between October 1, 1985 and Sep. tember 30, 1986. . SENIOR EDITORS during the upcoming year. For $400 from Ford I Bruce W. Hoover Steven Ricca JamesG.Hunt Joel Schecter Susan Kreidler EricSnyder John L.Martin Samuel M. Spiritos Bonnie L. Mettica Martin Zuffranieri Nelson Scott Pierce The new Editorial Board looks forward to working with the Faculty. Staff, and Administration of the Buffalo Law School 635-0100 It's Easy To Qualify ing. HEAD NOTE AND COMMENT EDITOR Thomas L. Jipping NOTE AND COMMENT EDITORS Miriam Bandes Karen Grasberger WilliamC. Schoelkopf ] PhilChamot John Harris Robert Simpson i James Hunt ] CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE — SAVE $5.00 NOW Save this coupon. Expires 4/30/86 Serving North & South Campuses! 1676 Niagara Falls Blvd. 3171 Main Street Tonawanda, NY 14150 Buffalo. NY 14214 834-7046 \ David Flynn Mary Ellen Gunnison Martha Post' BUSINESS EDITOR SYSTEMS EDITOR ChristopherDoyle Steven Katz ] FOR STUDENTS & FACULTY inrcl^e) ignation of the Board member and the installation of the newly elected Board member,thePresident may, if necessary appoint an individual to fill the vacancy, with theadviceand consent of a majority of the Board, present and voting. 2. If there are less than forty-eight (48) class days left in theterm of office of the departed Board member, the President may appoint a successor to fill out the term, with the advice and consent of a majority of the Board, present and vot- EDITOR EXECUTIVE KeithA.Fabi • continued from fM^e 6 quirements for a valid candidacy as determined by SBA. a) During the period between the res- ~ deSa±T et Your $400 plus pre-approved credit, call the toll-free number today. 1-800*457-4065 the powers of the President and Vice President: The proposal revises Article IV, Section 2 and 3 to read as follows: Section 2: The duties of the President shall include, but not be limited to: 1) Preside over all meetings of the Board as per Robert's mules of Order, this Constitution and the rules promulgated in persuance thereof, / 2) Be a member and chair/man of the SBA Appointments Committee, 3) Be responsible for the execution of all resolutions passed by the Board. Section 3: The duties ofthe Vice President shall include but pot be limited to: 1) Assume the duties of the President in the President's ab- sence, 2) Assist in the execution of the duties of the President The current Article IV, Section 2 and 3 reads as follows: Section 2: The duties of the President shall be to: 1. Preside over all meetings of the Board as per Robert's Rules of Order, this Constitution and the rules promulgated in pursuance thereof, 2. Serve as a member ex officio of all committees of the SBA and the law school, 3. Serve on the Budget and Program Review Committee, 4. Be a member and chairman of the SBA Appointments Committee, 5. Be responsible for the execution of all resolutions passed by the Board. Section 3: The duties of the Vice President shallbe to: 1. Assume the duties of the President in his absence, 2. Be a member and chairman of the External Affairs Committee. AVIATION LAW SEMINAR Guest Speaker DONALD GARVET Systems Director Pan American World Airlines on "Airline Survival in the Era of Deregulation" April 11, 1986at 3:00 p.m. 212 O'Brian Hall ALL ARE WELCOME AprU7. 1986 , Th* Opinion 7 �Law Revue Unorganized and Uneven, But Still a Good Time by Susan Clerc A sizable crowd gathered at the Tralfamadore Cafe Sunday, March 23, to drink and talk, and ignore the 50th Annual Law Revue. The program, which in- cluded more music and less comedy than last year, doubled as a telethon to raise money to buy the law school a dean. In spite of a special appearance by Mr. Tax himself, Lou Del Cotto, to explain charitable contributions, Dean-Aide failed to raise a dime. Dubbed by some "the show that would not end," the 1986 Law Revue suffered from a lack of organization as well as viewer apathy. Last minute rehear\ sal went on (and on) well after the room began to fill. No one knew when the Revue would start. Indeed, many in the audience failed to notice that it had started, so intent were most on discussing who's going with who, who's going where, and who's getting what interviews. When those present did pry themselves away from their , conversations it was for the benefit of the bartender. Onstage activities were a mere dis-' traction. As a consequence of the incessant droning from the tables, most musicians and singers were hard pressed to make themselves heard. Performers in the second half had also to contend with an uncooperative sound system. Due to either, or both, of these factors Paul Karp and his guitar, Forrest Strauss and his piano, Karen Vance and the 17th century, and Tim Howe and his pigeons were inaudible to anyone seated amid the Babel beyond the first ring of tables. The Hot Cargo String Band fared somewhat better, due solely to their numbers, but a fair evaluation of their performance is still impossible. No doubt those who heard the acts were pleased. The show-stealers were the last up, a group described in the program as a "very Hot Jazz/R&B Band that doesn't have a name." The fp*n^ man band easily dyer- shadowed the rest of the evening's performances and had people dancing in the aisles. The meagre comedic offerings showcased the impressionistic talents of second-year students Jay Lippman, Brett Gilbert, and Dave Brown who appeared as Professors Albert, Steinfeld, and Spiegelman, re- spectively (if The Hoi Cargo String Band jams away. irreverently). CDO's own Audrey Koscielniak did an eerily accurate parody of herself in the same skit, a spoof of "A Christmas Carol." In other sketches, listeners were inby formed newscasters Lippman and Dave Rychlik that Gourman ratings are based in part on availability of parking spaces and the speed with which grades are posted. The UB Law School Briefcase Drill Team ("The goofiest looking guys I've ever seen," according to one third-year student) performed an interpretive dance to "Wipe Out." There was surprisingly little topical humor. Imelda Marcos was seen in a pitch for Master Card, but that other .. UB Law School Briefcase Drill Team: "gmifs looking I.M. was mentioned only once; a shrouded Grim Reaper sought the nightmare of a Famstudent. ily Law victim Although most performances were sound, audience concen- sus was that this year's Law Revue wasn't nearly as good as last year's. But this judgment might be biased by the fact that they could hear last year's Law Revue. by Chapus Comics ••••••••••••••••••••••••••••••••••a Public Interest Law Firms A seminar on "Social Changes: The Role and Responsibility of Public Interest Law Firms" will be held at the Law School on: SATURDAY, APRIL 12 Room TBA — Speakers will be: 9 am to 1 pm FRANK DEALE — Centerfor Constitutional Rights (MYC) JOHN GALEZIOWSKI (UB '80) Private Practice (Buffalo) JOHN STAINTHORPE (UB 79) People's Law Office (Chicago) MARIA PATRICIA FERNANDEZKELLY Research Associate, Center for U.S.-Mexican Studies. University of California, San Diego SPEAKING ON THE GLOBAL ASSEMBLY LINE: U.S. INDUSTRY IN MEXICO Tuesday, April 15, 1986 3:30 p.m. 106 O'Brian Hall j SALT •• op the EARTH j • • A semi-documentary re-creation of an actual year-long strike of Mexican-American zinc miners, it used mostly %a non-professional cast exceptfor the principals.% X The drama centers on the complex, changing » J relationship between one of the strikers J *(Juan Chacon) and his wife (Rosaura Revueltas)* • • •J Wednesday, April 9, 3:30 and 7:30 p.m. O'Brian 109, SUN Y Buffalo AUSPICES NLG, GALA, GSA •I J ••••••••••••••••••••••••••••••••A* 8 The Opinion April 7. 1986 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-04-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/7/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:55:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e7c3bf149826856e5cbdae8a061ae853.pdf 816d544a0ad1e03b649ae35262e88e67 PDF Text Text NATIONAL OPINION Dean Schlegel & Madonna Spawn Love Child; Scan Shocked and Outraged Volume 26. No. 12 2 H^l Ih^ljlJ I 7 I March 26, 1986 MARCUS FAILS BIGFOOT BABY La w Review Office Site of Black Mass —Supreme Court Rulings Read Backwards —High Priestess Flees ;Goats Saved by Freeman andMensch —Attempt to Conjure H's in Family Law Backfires Brimstone Scented F's Hurled from sth Floor — Pandemonium!!! Buffalo Model Finishes Dead Last in Miss USA Pageant — UB Stunned I me Ida Seen at Mall; Shoe Stores Empty 20 Crim Law Books Found in Dryers of Ellicott Complex Jimmy Hoffa Found In O'Brian Basement...and 3rdFloor.. .and 4th Floor . Termite Man Eats Library Shelves ■ . I Blood Stains Found on ElevatorFloors—Stigmata Epidemic Blamed ■■ Al Freeman — Lizard King A & iv Bursts into Jr lames IRS Demands Audit— Del Cotto Runs Amok Spontaneous Combustion! Dean Search Goes to South America, Expresses Doubt: Is Mengele Dead? Hoodman Returns Curses Vendacard I Linda Evans to Speak at Commencement, Marries Tom Headriek j Ms. Mensch's hand crocheted Afghan Alien Baby Born on Sixth Floor �Law School to Move to Legal Ghetto by "Peeps" Scribner TheTrustees of the State Uni- versity of New York today announced thatthe SUNY at Buf- falo Law School will move downtown next fall. In a statement released in Albany, the Trustees acknowledged that a desire to segregate the Law School from the rest of theUniversity was a prime consideration. The Trustees quoted extensively from a recent sociological study by UB Law Professor Chrales Mewing entitled "Buffalonic Modelism and theLaw," which noted that forced commingling of law students and normal students appears to be a "failed social experiment" based upon "outdated social science theory." The Mewing study also reported that thepre-1954 custom of isolating law students among their own kind in a "Center City Professionally Oriented Ambience Area," more commonly known as a legal ghetto, inculcated a "significantly higher degree of valuable upper middle-class consciousness and self esteem in an otherwise overly modest profession." The Trustees also noted that a move to a more prestigious address may help out a bit with the Gourman Report. Attempts to secure comments on the pending move downtown from the office of Temporary Part-Time Provisional Acting Dean John Begal were unsuccessful. But this reporter was able to locate the Momentary Standby, Would- Be Dean Pro Tern as he walked up and down Bailey Avenue with a sandwich sign reading "Academic Administrator Experience Wanted No Necessary Good Pay, Easy Hours." "What the hell do I know?" Begal was quoted as he passed out his handbills. "I only work here, for crying out loud, you think anyone tells me anything?" the Substitute Placeholding Interim Pretending To Be Dean For The Time Being Until Somebody Better Comes Along griped, apparently to himself. "I never wanted this stupid job anyway. Howwas I suppose to know that nobody else wanted it either? I'm no mindreader..." The Emergency Caretaker Non-Permanent Soon To Be Replaced Here Today and Gone Tomor- — — Scout Council Blows It, Still No Den Mother by Duane Barnes The following is a transcript of the meeting of the Den Mother Search Committee of the Amherst CubScout Council. The meeting took place over coffee on March 14, 1986. The members of the committee are: P.T. Palsgraf, distinguished lecturer in law at the State University; K.C. Fulcrum, distinguished lecturer in engineering at the State University; and CM. Planari, distinguished lecturer in biology at the State University. The State University is a distinguished school. The coffee was instant. Planari Does the committee want to re-discuss Penny Percival from Providence Avenue? Well, as I said last Palsgraf time, there is no question about her ability to toast marshmallows, but I can't see her as a den mother, too liberal, why, it would be like providing no leadership at all. Besides that, at Camp Wallaby last summer I'm told that she forgot the words to "Old MacDonald Had a Farm." What we need are some truly eminent candidates. Fulcrum I agree. The road to prominence is through eminence. Planari— No, no, X.C, I think you have that backwards, the road to eminence is through — — — prominence. — could help a kid who wants a merit badge in physics. Palsgraf — Me neither. Planari —Do they have merit badges in physics? Palsgraf I don't know. Planari —Also, I called one of her references. He conceded that she couldn't tie a double sheet bend. Palsgraf That's pretty serious Fulcrum —She probably wouldn't know a thermocouple if she saw one. Planari —And her canoeing was undistinguished. She can do a J-stroke but when she tried a double cross-over, she cracked her paddle. Palsgraf Let's face it, they don't make'em like they used — — — to. — Canoe paddles? Palsgraf — No, den mothers. I Planari can still remember dawn coming up at old Camp Watchahatchie with all of Den 146 standing beside their bunks at Parade Rest. Ah, that Greta Geretenschneider really knew how to run a camp! Planari We still have the matter of having Cub meetings conflict with football practice. Palsgraf Football practice? Planari Well. There's been such a problem in finding a den mother, some of our den members are now in high school. Palsgraf— Oh, that's right. But let's table that till our next meet- — — — Fulcrum Nuts to you, CM. Planari —Lets ask Palsgraf, lawyers are good at distinctions like that. ing. Palsgraf —The road to eminence Let's see The Planari Well, I guess that's it. road to prominence Tell I'm offto the lab to culture some you what. I'll think about it and PK 10 b. What are you doing get back to you next week. tonight, K.C.? Planari We have the applicaFulcrum I have to run downtion from a new candidate. town. I'm having my wine rack repaired. Palsgraf— Yes, Bernita Bly from Bennington Street. I see Planari— P.T.? she didn't take physics in High Palsgraf —Oh, whatthe hell. It's School. only five o'clock. I think I'll go Planari I hadn't noticed. home and write a learned Fulcrum I don't see how she treatise. The Opinion March 26,1986 .. .. — —— 2 — — row Ephemeral Interloper Lame Duck Administrator then wandered away to stick more of his flyers onto the windshields of parked cars. Meanwhile, a press release by UB President and Resident All Around Nice Guy Stephen Simple state how "delighted" he was that this "occasionally delicate" situation has been resolved "in everybody's best in- terest." But a follow-up statement Provost University from Generalissimo William Grin- demup stated "Ha! Good Riddance! Now maybe you'll leave me alone so that I can get some work done! Every time I turned around it's 'when are we gonna get a Dean, when are we gonna get a Dean?' Well, let me tell you, Buster, you'll get a Dean when I am good and ready to givey you a Dean, so there! And stop hassling me about the leaky roof!" The Trustees specifically statedthatthe impending move downtown was not influenced by the year long campaign of academic terror waged by the Parlor Liberation Battalion, also known as the Parlorists. But the organization claimed major responsibility for the relocation. This reporter was allowed a secret meeting with a hooded Parlorist spokesthing behind the basement lockers of what the group repeatedly refers to as the "so called law school." clandestine "This is a great day for our cause," said the masked representative. "We've of course been saying for years that due to infiltration by sub-human undergraduate juveniles, not to mention the lack of parking, that this 'so called law school' had to be liberated from Amherst." The organization also disputes charges by Public Safety Officials and the FBI that Parlorists have brutally annoyed at least 274 undergraduates. "Sure, we've annoyed a few who have gotten out of hand. But everytime an O'Brian locker door is slammed, every time a Physics book is accidently knocked over in the law library. continued on page 15 SCRaT Scorches Sample; Still Seethes Over School Smackers by Krista Hughes Over 33 angry law students rallied in Founders' Plaza on Tuesday, burning Steven Sample in effigy and demanding higher tuitions. The rally, organized by the Student Committee to Raise Tuition (SCRaT), was the first of several such protests planned for this semester. Student protest against the low tuition at UB Law School had been subdued for some time, but as one student representative of SCRaT remarked, "The last straw was when we got our spring bills and the payments were no higher than they were last fall. That makes us mad." SCRaT was organized at the beginning of September with the goal of peacefully encouraging SUNY in Albany to raise the law school'stuition by spring. If this endeavor were to fail, more vigorous rallying would be planned. The latest wave of campaigning began immediately after students received their spring tuition bills, with the bulk of the activity being directed by SCRaT, whose membership has increased from 3 in September to its current total of 25 members. However, "a lot of people still don't know who we are," stated one of thethree founding members at an impromptu press conference after the rally. "That's why we have to make a lot of noise by holding largescale rallies and protests. Our major concern right now is to get the attention of the students, because the more people we get to join and participate, the sooner we can plan on getting our tuition hike." When asked what they hope to accomplish by a tuition raise, the three founders were incredulous: "It's what the students want. The sad thing is that no one ever wants to get their hands dirty and do anything about it. They'll all just sit back and let the entire school pay a lot less than they have to. I want a good legal education and I want to pay for it." An additional incentive for raising tuition is the possible securement of a permanent dean. Stated one SCRaT member, "Other law schools have full-time deans. That's because they pay more." However, members of the Dean Search Committee have refused to comment on the extent to which higher tuitions might affect the acquisition of a permanent dean. Another SCRaT member advised, "Look at the Gourman report. All of the schools that are ranked higher than UB Columbia, Cornell, Fordham, Albany They all pay more than we do. In fact, the three that passed us in the report all had recent tuition hikes. That should be enough of an incentive to raise our tuition even more." This was the spirit that reverberated throughout Tuesday's rally. A few students began gathering as early as 9:00 in the morning, but the greatest attendance was recorded around noon, "That's when Steve Sample sits down to lunch and looks out the window," said one of the rally's or- — — ganizers. The rally was essentially continued on page /5 Sabotage Rocks Dean Search; Marcus Torture Techniques Elicit Confessions by Woodward and Sternstein Faculty members supportive of Acting Dean John Henry Schlegel have been sabotaging the search for a new law school dean, a source close to the Dean Search Committee alleged last week in an interview with The National Opinion. Requesting anonymity, the source said that committee members have complained of frequent break-ins to their offices, theft of candidates' resumes, destruction of lists of nominees and intimidation of both committee members and dean candidates. "The committee suspects thatcertain liberal faculty members have been engaging in these activities to thwart the search for a new dean, in an effort to keep Schlegel as permanent dean," the source said. "Those involved wish to see Schlegel become permanent dean because they do not think anyone else could possibly be more critical of traditional legal education than he." According to one member of the committee, who also requested that his name be withheld, the saboteurs "destroyed a master list of 91 candidates whom the committee planned to interview this year, and threatened the lives of the three candidates who did interview here, causing them all to withdraw their names from consideration." Claiming that he has no interest whatsoever in .becoming permanent dean, Acting Dean Schlegel denied any involvement on his part in the faculty scandal. "Why are those Volga boatpullers doing this for, uh, I - mean to, me," Schlegel said. "I don't even want this job anymore— it's like being a junior high school principal." Schlegel said that students can "rest assured" that those faculty memberswho are found to have participated in the scandal will be "promptly sent home to their mommies." News ofthe faculty's scandal, which is being dubbed 'Candidategate', follows closely on the heels of 'ExamScam', an alleged cheating scandal on the continued on page 15 Woodward and Sternstein: uncovering "Candidalegale" scandal. �THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 26, No. 12 March 26, 1986 Trubek Withdraws Name From Consideration; Search Committee Disbands, Interim Dean Sought by Jeff H. Stern Dean Candidate Louise Trubek has withdrawn her name from consideration for the deanship, leaving the Dean Search Committee with "no remaining viable candidates," law school administrators told The Opinion. In addition. University Provost William Greiner has disbanded the Committee and discontinuedthesearch for outside candidates, the administrators said. "We have to drop back ten, regroup, and figure out what to do next," Acting Dean John Henry Schlegel said. "We are trying to work out an interim arrangement with someone from within the law school who will take over for the next three years," Schlegel said, adding that the search for outside candidates will not be resumed for at least "another three years." Schlegel would not comment on whether or not he would assume the three year "interim" deanship next fall, and refused to speculate as to who else within the school might be interested. Assistant Dean of Admissions and Student Affairs Steve Wickmark said that ata meeting on March 14th, Greiner informed the Faculty that Trubek, who visited here March 3rd and 4th, had -withdrawn her candidacy for the deanship. According to Wickmark, Trubek decided to withdraw because "for whatever reasons she just didn't feel she'd be able to do what shehad in mind for the law school." Faculty members supportive of Trubek's candidacy, however, are rumored to believe that Trubek actually wanted theposition, but mayhave been unduly pressured to withdraw by certain University adminis- ... . trators. "I'm upset and angry" over surrounding the events Trubek's withdrawal, said one law professor, a supporter of Trubek. "I think we've lost a great opportunity." Wickmark acknowledged that Trubek "had a lot of support from a lot of sectors." Asked why Trubek removed' herself from consideration, Schlegel initially responded that he did not know. When pressed further on the matter, however, Schlegel conceded that she had been "counseled to do so." Questioned whether or not undue pressure was exerted on Trubek to withdraw, Schlegel said only that he "could understand how someone could think that." University Provost William Greiner could not be reached for comment, but Dr. Judith Albino, an Associate Provost, said that there "certainly was no pressure on [Trubek]" to withdraw. "I don't think any of us can say precisely why she withdrew," Albino said. After visiting here "she decided it wasn't the position she wanted at this time." Both Wickmark and Schlegel said that Trubek's withdrawal was unconnected to the Faculty's failure to hire her husband, faculty candidate David Trubek, as professor (see related story). Wickmark noted that Trubek's withdrawal came before the Faculty ever voted on either one of their candidacies. Wickmark expressed disappointment over Trubeck's withdrawal. "We spent two years and it was just not in the cards to find the kind of dean that everybody wanted at this point, and when Louise pulled out we were left... basically with no remaining viable candidates, he said. But Wickmark defended the work of the Search Committee. "We were looking for a very specific type -of dean and there was a finite pool of people who, number one, were interested in the school, and. . number two, the school was inI mean, you had terested in to have both." Wickmark explained that the Committee "contacted scores of strong, viable candidatesand spent time trying to persuade people to be the dean here it wasn't like we just sat and waited for people to send us resumes. We worked pretty hard." Wickmark said that "people ... ... who are very good scholars, very successful faculty mem- bers are reluctant to give up the research and teaching that's their career to go in and do the administrative work." Although these people are the most desirable dean candidates they are "also the hardest people to convince io quit doing what they are doing and be dean," Wickmark explained. "Just to put somebody in the . position just to say 'we did it' I think would be the wrong nobody would be happy with that and I think the school has the responsibility to make sure they get the right way person." Nevertheless, the unsuccessful dean search was "a frustrating thing to have gone through for two years," Wickmark said. Kannar Joins Law Faculty ; Second New Prof, to be Hired by Jeff H. Stern The law school Faculty appointed a new professor Friday, March 14th, bringing to a close its hiring agenda for this year. George Kannar, a Harvard Law School alumnus and American Civil Liberties Union (ACLU) attorney, will join the Faculty in January, 1987,Acting Dean John Henry Schlegel said. Kannar's teaching interests include evidence, criminal procedure, constitutional law and jurisprudence. Schlegel said Kannar is "a real neat guy... a sensible gentleman with a great deal of [United States] Supreme Court experience." Last year, Kannar argued four cases before the nation's highest court, "one involving the two spies that got traded with [Soviet dissident Anatoly] Shcharansky," Schlegel said. Kannar is the second new professor hired by the Faculty this semester. Last month Victor Thuronyi, a tax attorney for the U.S. Treasury Department, was appointed as tax professor commencing next fall. Originally, the Faculty had planned to hire a total of three new law professors. However, Schlegel noted that it now appears that two new appoint- ments are "all there's going to be" this year. Kannar, who visited the law school for interviews February 6th, was quoted in the February 26th issue of The Opinion as saying "traditional models of doctrinal indoctrination are usually overstated and overemphasized" in legal education. "The Buffalo Model approach that does things in a more intellectually stimulating, interesting way is not only more fun in and of itself, but... is probably more worthwhileand probably, in the long run, a better legal education," Kannar said. Joyce Taking One Year Leave by Peter Scribner "It's not likely that I would want to be at the Commission for the rest of my life," he said, "but it might befun for a while." Teaching, however, remains ÜB. UB Law Professor Ken Joyce will be taking a one year leave of absence (without pay) next year to work full-time as Research Director of the NewYork State Law Review Commission in Albany. Joyce has been working with the Commission part time for over a year now. Last semester, he took a sabbatical (with pay) to work there fulltime, and this semester he has been spending the first part of each week in Albany. Joyce says he will make a his first love. Professor Ken Joyce. Photo by Pmul Hammond permanant decision next year as to whether he will stay with the Commission or return to "Working with the Commission is stimulating, but frustrating. Teaching is stimulating without being frustrating. You have control in the classroom, unlike working with the state legislature." Joyce said that he would not resign from the UB faculty un continued on page 10 L. Rev. Affirmative Action Plan Elicits Enthusiasm by Paul W. Kullman While feelings are mixed as to whether the Buffalo Law Review's recent adoption of an affirmative action plan will result in any stigmatization of minorities, one thing is clear: that issue has failed to dampen the enthusiasm shared by most members of the minority and Law Review communities. "I'm elated," said secondyear law student Mark Pollard." I'm feeling very good right now." The former president of the Black Law StudentsAssociation said most people he knows are excited about the plan, "And I hear more minorities talk of participating in the competition this year." Pollard said he doesn't think the plan will stigmatize minorities, but added that even if it should have that effect, "Stigmas can't stop progress." The plan, overwhelmingly adopted by the Law Review on Friday, February 24, provides for the creation of a special applicant pool. To be eligible for the pool, competitors must submit an anonymous personal statement. Any competitor may submit such a statement in an attempt to enter the pool. However, according to Section 19(b) of the plan, thepool is designed to ensure there will be "rep- resentation of racial minorities and economically disadvantaged or otherwise handicapped students" on Law Review. Competitors' course grades and written casenotes will still be weighted 50-50, with bids being extended to the top 10 percent of all competitors, according the Law Review Editorin-Chief Karen Hassett. But after this initial selection, "We're going to see if the percentage of minorities who made it is representative of those who tried out or representative of the law school at large," she said. If it isn't, according to Hassett, bids will be extended to the top-rated competitors who were allowed into the special applicant pool. Such bids will be apportioned on a basis equivalent to the percentage of minority students who either entered the competition or who comprise the law student body. Hassett said the plan is not a he is "more concerned with quota system and thereshouldn't be any problems with it be- progress than stigmas." Sam Rodriguez, president of the Latin, Asian and Native cause it "closely tracks the admissions policy of the law school." Third-year law student Ed Peace, a member of BLSA who acted as an unofficial liaisonbetween members of the minority community and the Law Review, said: "If you look at the law school as a whole, it is assumed by a sizeable number of students thatthe only discretionary admittance of law students is for Legal Methods students. But this isn't true. In reality, 60 to 70 percent of students are admitted on a discretionary basis." Peace, like Pollard, sees the plan as a positive step and said American Law Students Associcontinued on page 10 Inside ... Grade Analysis Longmire Trial Editorials Boy Mechanic Poetry Reasonableman Gumby .. .. .. . 5 6 8 9 12 13 15 .. .and much, much more! M«rch26,1986 TheOpinion 3 �Career Panel Stresses Tax Law Opportunities by Krista Hughes The Career Development Of- to select a return for audit." First year attorneys are generally given a file of cases from which they select a case and prepare it for court by researching the Federal and State Law, although virtually all cases are settled before going to court. "Client" contact is restricted to discussions with attorneys or trust officers of banks, rather than with the actual executors fice continued its series of Career Panel Discussions when four local attorneys spoke on the subject of Corporate/Tax Practice on Thursday, March 13. The attorneys, all members of the UB Law School Alumni Association, spoke of their own experiences in Tax and Corporate Law, experiences which include private practice, corporate in-house counsel, and working for the government. The first speaker was Victor Gagliardi, an estate tax attorney of estates who generally hire representatives. Starting salaries with the IRS are approximately $21,800, with regular increases and the possibility of eventually becoming a "grade 13" employee at a salary of over $48,000. Unfortunately, according to Gagliardi, there are no openings at the present time in the Buffalo district, although there are openings in other districts within the state. Private practice in Corporate Law was represented by Ellen Yost, an associate with thefirm of Jaeckle, Fleischmann & Mugel. Yost works in the Corporate and Tax Division, although all of her work is in Corporate for the Internal Revenue Service. Gagliardi discussed the various aspects of his position in the IRS in the Estate Tax and Gift Tax Division. Among the "good points" he listed is "flexi-time," whereby he is required to work 40 hours a week, but not necessarily in 9-5 blocks. No overtime or weekend work is expected, and his job involves no trial work at all. Day-to-day routine in the Estate and Gift Tax Division includes selecting the tax returns which will be audited. Returns are hand-selected from all of the returns submitted in the Buffalo district, which extends from Buffalo to Herkimer, New York. Selection of returns is Law. Mrs. Yost stressed the di- versity of the corporate law field because it represents "everything that is left over," after Estates, Tax, and other fields of law. Regarding the first year in corporate law practice, Yost made by senior attorneys because "not everyone classifies says that is "a little discouraging because you spend a lot of time feeling like you have to get 'up to snuff'" Her first year with the firm involved very little client contact and a lot of docupreparation in which there is a need for precision which must be learned by trial ment and error. After the first year there is considerably more client contact, including a lot of time spent on the telephone. Yost has found that her particular area of practice is not very adversarial, and overtime is generally required, but the diversity of concerns makes the work very interesting. The most important requirement, Yost remarks, is to be able to "keep a lot of balls in the air" and to be "curious about a lotof things." The third speaker on the panel was Joseph Makowski, In-House Counsel for the Computer Task Group (CTG). Makowski sees the field of corporate law as "an opportunity area." He foresees law school graduates looking to corpora- tions as the "employers of the future" because "the shrinking of revenue bases in law firms is making law firms less attractive as vehicles by which to launch a career." In return, corporations are finding in-house counsel to be more and more attractive be- cause "businessmen have decided that they are not going to cartefund legal affairs blanche" and are looking more closely at cost-efficiency. Also, "lawyers provide a creativeand intellectual thought process that can help drive an organiza- tion in an information-driven economy." Functionally, Makowski's job is diverse. He essentially "helps drive deals" by putting the business people at CTG together with the business people with whom CTG deals, and helping them achieve a workable and efficient transaction. In-house counsels have a "unique opportunity" because of their proximity to do preventive law rather than curative law, and they serve as a kind of bridge between the corporation's outside counsel and the corporation itself. Any law student who is interested in in-house counsel work, Mr. Makowski says, should be interested in business and enjoy dealing with making money. Makowski also advises that any interested person should "pick an industry" rather than a "place to work" in order to achieve maximum desirability for a company in the industry. The final speaker on the Career Panel was a member of . UB Law School's Class of 1985, Catherine Wettlaufer, a tax attorney in private practice with Saperston, Day, Lustig, Gallick, Kirshner & Gaglione. It is a "large regional business" which maintains "many vestiges of a small firm." In her 7 months with the firm Wettlaufer hasfound that there is more client contact and court work than Mrs. Yost experienced in her first year. Wettlaufer deals with estates and trusts, securities, and taxes, and finds that she faces "many interesting challenges." She, like Yost, spends a lot of time drafting documents, which is "a painful process to learn." The problem for starting lawyers is "not a lack of skills, but a lack of exposure, and the most important thing is not to be afraid to make mistakes. Wettlaufer advises those seeking jobs to "find a place where people are willing to teach you." The aim of these Career Panels is to give interested students an idea of the day-to-day routine of various types of legal practices, and they strive to present a wide range of options. Future panels will deal with Banking and Financial Planning, and Labor Law. All students are invited to attend. HelpLacking forNontraditional Career Seekers by Susan Clerc Were you lured into law school with the promise that there's more to do with a law degree than practice law? Are you beginning to realize that a lifetime of eye-strain and papershuffling is not for you? Do you wonder what your options are? Get ready for a disappointment. Unless you have an aptitude for helped him in his business. graduates, Nina Cascio, audio-visual librarian at the law library, also partners to be C.P.A.'s and employees to have accounting degrees. If it's too late for you to start working on another degree and you have no idea as to the kind of job you would like, the sole sources of informationfrom the Career Development Office (CDO) are career panels and a worked in her profession before obtaining a law degree. Law librarians are required to have an M.L.S (Master of Library Science) but not a J.D. Cascio went to law school "more for the intellectual satisfaction" of knowing what she was looking up than out of need for a degree. However, university law libraries are beginning to demand J.D.s for law librarian positions and they are necessary for administrative posts. A law student interested in this field could get an M.L.S. in 18 months. Other nontraditional fields are also require aditional degrees or training. Educational business or are already working in a field you want to go into after law school, your options are limited. Most people who go into nontraditional careers work at them before or during law school and enter law school without an intentionto practice. Steve Berlin, a 1984 UB graduate, runs a financial planning company he worked for before and during his law school days. Berlin stated that he didn'tneed a J.D. but several tax and real estate courses have positions require a Ph.D. or legal experience. Jobs in accounting firms, the most popular alternative among SPECIAL! IMPnMF S^r^S FOR STUDENTS dril^Se) & FACULTY With this ad... PACKAGE OF 50! Includes x 11, Typeset 1 pg. resumes Matching Blank Sheets •• 50 • 50 Matching Blank Envelopes (BV2 black ink) CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! SAVE $5.00 NOW 3 DAY SERVICE Expires 4/30/86 Save this coupon. — Serving North & South Campusesl 1676 Niagara Falls Blvd. 3171 Main Street Tonawanda. NY 14150 Buffalo. NY 14214 834-7046 4 635-0100 The Opinion March 26,1986 UB want potential book entitled Nonlegal Careers for Lawyers in the Private Sector. These can be helpful if you are interested in business because, even though an M.B.A. or undergraduate business degree is not necessary for most jobs discussed, some business background will be useful. The problem with both the book and the panels is that the kinds of work described are neither nonlegal nor nontraditional and are unlikely to appeal to students seeking an escape from law. The majority of opportunities, both in the book and in life, are in insurance companies, banks, and acounting firms, and involve lawyerlike tasks such as negotiating contracts and advising management of legal ramifications of recent legislation. Since many law graduates enter corporations as a matter of routine and the work is merely specialized law, "nonlegal" and "non- traditional" are misnomers. What hope exists for those who don't want to practice law and aren't interested in business? Not much. The chief advice given at CDO is to consider the skills you have learned at law school and realize that they apply to many areas of endeavor. The skills are persuasiveness, the ability to analyze facts, and the ability to understand and translate legal ter- minology. According to CDO director Audrey Koscielniak, many employers are looking for these skills, but are not aware thatlaw students have them, so they don't advertise for law graduates. "It's up to the stu- dent," says Koscielniak, "to sell him/herself." The idea of assessing skills should sound uncomfortably familiar to those who have undergraduate majors in humanities or social sciences. It means now what it meant then: you're on your own. If you have no experience in another profession and no degree that can be profitably combined with a J.D., there are two paths open to you, the Federal Bureau of Investigation (FBI) and legal publishing. The FBI recruits on-campus and all you need is a law degree and two years undergraduate work. Should you chose to accept this mission, you will be sent to Agent school for 16 weeks in Quantico, Va. When will be a you emerge you special agent. Don't be too impressed; to the FBI, all agents are special. Legal publishing houses rarely come on-campus but they do sometimes usethe CDO newsletter to solicit employees. Publishers are usually looking for editors or sales representatives. It isn't clear what exactly sales reps do, but editors review and dissect cases. One last straw at which to grasp is the Career Planning Office (CPO) in Capen Hall. It's open to all university students and has advisers, books, and computer programs that might suggest more alternatives. CPO also runs on-campus interviews with a broad range of private and public organizations. If you already know what you're going to do and have taken preparatory steps, or if you would like a career in business, what little information there is on nontraditional careers is aimed at you and might help you if you need it. But you probably don't need it. If you have no idea about what you want to do except not practic law, there is little practical help for you although you need it. Considering the rampant job dissatisfaction in the profession and the much-proclaimed glut of lawyers in the market, the lack of information is incomprehensible. CUNY Law School to Sponsor Summer Program in Havana, Cuba by Alberto M. Benitez The Inter-American Com- parative Law Institute, at CUNY Law School, is sponsoring a Summer 1986 comparative law program for U.S. law students and professors at the University ofHavanaSchool of Law, Cuba. The program is scheduled to be in Havana from June 9 to June 30. Courses to be offered will be divided into an introduction to Cuban law, and a sub- stantive focus on Criminal Law, Family Law, and Constitutional Law. Total cost, which includes room, board, and roundtrip airfare from Miami, is $700. Program applications should be obtained from the Institute immediately. Applications must be postmarked back to the Institute by April 11, 1986. The Institute's address is: The Inter-American Comparative Law Institute, Inc. c/o The Executive Committee 200-01 42nd Avenue Bayside, New York 11361 (718) 357-7584, ext. 63 �Grade Survey IndicatesReform Needed by Victor R. Siclari, Editor in Chief On March 6th & 7th of last year, theStudent Bar Association held a referendum on the H-Q»-Q-D-F grading system in effect at UB Law School. The question posed to the students was: "Are you satisfied with the current grading system?" The student response was 218 "Yes" and 158 "No," a 59-41 percentage split. While the referendum was.non-binding, it did indicate a rather large feeling of discontent among the student body for the present grading system. After the election, The Opinion compiled a table which listed the instructor, course and breakdown ofnumber of grades for each class. In an effort to determine whetherthere has been any discernable differences from the grades given out in the fall of 1984 and fall of 1985, The Opinion has again tabulated the accompanying chart. The primary purpose is not to inform the student which instructor gives out the most "H" 's (although many students will utilize thee chart in this manner), but to give the students, instructors and administration alike an opportunity to evaluate one instructor in relation to other instructors and to the faculty as a whole. Hopefully, this will provide all those concerned with some insight as to the status of our grading system and whether it effectuates its purpose. Methodology The accompanying table charts the instructors alphabetically, the course(s) they taught, and the grades they assigned for that class. The average was determined by correlating point scores with the letter grades. An "H" was given a value of 4, a "Q" a 3, a "D" a 2, and an "F" a 1, in order to try to attaifTsome of the numerical precision that is available from the more traditional system based on the 4.0 scale. "Q*" 's were given a value of 3.5, "H*" 's were combined with "H*" 's and "D*" 's were combined with "D" 's. The average was determined by multiplying the number of letter grades by the point value for that grade. The scores were totalled and the average was found by dividing the total point score by the total number of grades distributed in the law class. An analysis of the averages and the method by which they are obtained indicates thatthe closer an average is to 4, the more "lenient," and conversely the closer to 1 the more "difficult," the instructor is as a grader. Grades which reflect a "bell curve" distribution ideally would have an average of about 3.0, since a "QW" equals a 3.0 and it is the median of the grading system. However, an examination of the actual grades given shows that the mean average for the school is 3.26. The drawbacks in this methodology are several: it fails to include the grades of certain courses which have not yet been posted as well as grades of courses which were posted but have been taken down and are not availablefrom the Admissions & Records Office (such as DelCotto's Tax I, Reis' Property II and Birzon's Evidence classes). Also, the assignment of numerical value to letter grades it not truly indicative of the weight given to such grades. Nevertheless, scientific certainty can never be achieved with a grading system which evaluates essay exams. Chart compiled by Charles E. Telford & Victor R. Siclari Instructor Albert Albert Atleson Atleson Avery Avery Bennett Berger Berger Binder Binder Blum Blum Carr Carr DelCotto Ellis Ewing Ewing Freeman Gerken Gerken Hager Halpern Halpern Headrick Headrick Hyman Joyce Kaplan Katz Katz Konefsky Konefsky Lamb Leary Leary Lindgren Lindgren Course Administrative Law Law & Medicine Problems in Labor Law Worker Participation & Ownership Family Transactions Labor Law Tax I Civil Procedure Research & Writing Criminal Law Rimar Rimar Scales-Trent Scales-Trent Schlegel Schofield 8 14 21 14 32 12 2 .... Criminal Law Psychology & Criminal Law Constitutional Law Issues in NY Family Law Lawyer-Client Clinic Lawyer-Client Clinic Evidentiary Problems 21 9 20 8 11 1 4 10 State & Local Gov't. Law Practice Criminal Law Sovereignty Surv & Norm Contracts Legal Profession Judicial Process Law & Cultural Pluralism Public International Law Contracts Structure of Statute .... 19 7 .... 1 2 5 4 12 8 18 Iliwn 9 1 3.28 4 7 5 3.15 3.11 3.38 3.13 10 50 27 122 2 31 11 76 12 78 2 1 49 1 59 3 3.31 3.63 3.15 3.00 3.24 3.45 3.16 3.40 3.12 4.00 7 4 3.67 3.85 1 2 3.13 3.00 3.22 3.70 4 3.55 1 1 56 6 7 9 4.00 3.63 2.97 7 1 2 1 3.27 1 4 7 59 7(1-D*J 6 . ... Independent Study Environmental Quality Problem Int'l Protection of Human Rights 9 11 1 3 1 1 47 20 1 8 3 2 1 1 10 34 4 5 5 5 1 12 8 22 3 45 38 56 9 61 49 4 1 2 39 47 16 jj 40 ■ 3 61 61 26 2— 894 27 111 4 1663 65 3.36 3.39 3.00 3.54 4 21 1 13 9 12 , 3.33 3.74 3.40 20 5 Municipal Law Fundamental Independent Study ■ Avg. 3.10 3.10 F D 5 6 , Lawyer-Client Clinic Constitutional Law II Racism & the Law Sales & Secured Transactions (sr». oniv> N.Y. Practice Soc. of Juvenile Justice Singer Spiegelman Civil Procedure Spiegelman Research & Writing Corporations Steinfeld N.Y. Practice Sullivan Family Law Swartz Trial Technique 7imm.rm«n Counseling Small Business TOTAL GRADES 2S49 As ■ Percentage Q 42 9 1 2 6 69 67 65 52 77 4.00 13 9 18 Independent Study Corporations Intro, to Policy Studies ia&b Grades) Introduction to Legal Methods Independent Study Mensch Reis 2 6 11 21 Independent Study Corporate Tax Early Amer. Constitutional History School Law 11 1 18hh-> 48 Contracts Newhouse Newhouse Reis .... Independent Study Meidinger Munger . Civit Procedure Research & Writing Criminal Procedure Independent Study Plant Closings 8t Law Property Mann Marcus Q» H 3.47 3.05 3.60 4.00 3.00 3.21 3.18 3.17 3.50 3.30 4.00 3.58 3.64 3.33 3.10 1 1 1 3 4 78 3 3 *= 3.40 3.00 3.31 3.73 3.45 3.55 3.26 2.98 3.17 3.50 3-43 3.28 Analysis 1)Of the 2549 grades given out having H-Q»-Q-D-F values, 31.5% (805) were either as Q* or H (and H*). Last year, the analysis was based on 2872 grades and the percentage was 30%. 2) Only 3% of the grades were a D or F (less than .1% received an F). This reflects a decrease from last year's 5.4%. 3 ) Of the 62 instructors who posted grades as oflast Wednesday (March 19) (including independent study and clinics), 38 (61%) did not issue any grade lower than a Q. Last year it was 33 out of 60 instructors (55%). 4) For the 1231 grades issued by these 38 instructors 376 (30.5%) were H's, 85 (7%) were Q*'s, 770 (62.5%) were Q's. Last year, the figures were 33%, 7% and 60%, respectively. These 38 instructors also accounted for 54% of the total number of H's, 77% ofall Q*'s, and 46% of all Q's, despite issuing only 48% of the total grades for thefall semester. Last year's figures were 47%, 75%, and 48%, respectively, out of 37% of the total grades issued. 5) The remaining 24 instructors were responsible for 1318 individual grades of which 318 (24%) were H's, 26 (2%) were Q»'s, 893 (68%) were Q's, 78 (6%) were D's and 3 (.2%) were F's. Last year, there were 27 such instructors out of 60 with respective percentages of 22%, 2%, 67%, 8% and 1%. These 24 instructors also accounted for 46% of the total number of H's, 23% of Q*'s, 54% of Q's and 100% of D's and F's, but account for 52% of the total grades issued. 6) The average class size for the 38 instructors was 32 students with a grade breakdown of an average of 10 H's, 2 Q*'s, and 20 Q's, while the average class size for the other 24 instructors was 55 students of which an average of 13 H's, 1 Q*, 37 Q's, 3 D's and 1/8 F's. 7) Of the 62 instructors, 38 had an average at or above the mean of 3.26; 24 were below the mean. The averages ranged from 4.00 (mostly independent study classes of less than 3 students) to 2.97. Only two instructors had an average below the "ideal" mean 3.00, whilethe remaining 60 were at or above such mean. Furthermore, 20 classes (about one-third) were at or above a 3.50 average. In comparison, last year's mean was 3.19, of which 35 instructors were at or above the mean and 25 were below. The averages ranged from 4.00 to 2.77. Only 4 instructors were below the "ideal" mean of 3.00 and the remaining 56 instructors were at or above such mean. Only 16 instructors were at or above a 3.50 average. Commentary Taking into account the drawbacks stated of the analysis, there are several conclusions which can be drawn based on a comparison with last year's analysis, whose methodology is consistent with this year's analysis. First, there is an inflation in the grading from last year. The average mean has increased from 3.19 to 3.26 despite the fact that this year's analysis includes two more instructors in the survey. In addition, even though this year's average mean is higher, there were three more instructors above the mean. Furthermore, last year there were only 16instructors at or above 3.50 while this year there are 20. This grade inflation is also accentuated by the fewer number of D and F grades. Last year, there were 147 D's and 12 F's out of a total of 2872 grades, which translates into a percentage of 5% and .4%, respectively. This year, there are only 78 D's and 3 F's or 3% and .1%, respectively. Also, 61% of the instructors this year did not issue any grade lower than a Q while last year the figure was 55%. Alternately, last year 4 instructors were below the "ideal" mean of 3.00 while this year only 2 were below it. Other comDarisons of figures yield the same conclusion. Last year, 30% of the grades were a Q* or higher while this year that percentage has increased to 31.5%. On the other end of the spectrum, 5.4% of the grades were D or lower last year while this year the figure is 3.1%. Looking at the middle of the spectrum, onefinds that 64.8% of the grades last year were Q's, while this year the figure is 65.2%. Concededly, these figures are not conclusive since some grades are missing this year. But then again, some grades were missing last year. Also these figures will admittedly change if the rumored 20 to 40 students who cheated in Marcus' Family Law class are given D's or F's. However, this would reflect an aberration due to the special circumstances surrounding the final exam, and thus are better excluded from this analysis. Second, there is a problem, which exists concurrently with the grade inflation, with the distribution of grades. If the H-Q*-Q-D-F grading system is supposed to reflect some sort of "bell curve," it is far from perfection. If you were to chart the figures of 27% H's, 4% Q*'s, 65% Q's, 3% D's and .1% F's, you would see something more akin to a roller coaster. Concededly, many instructors' do not use the Q* grade, so perhaps this 4% should be lumped in with either the Q's or H's. However, even if this is done, the bell curve is heavy on the high side and extremely light on the low side. Thus, the answer begs the question: Do we want a grading system which reflects a perfect bell curve? If so, then this grading system is not achieving its purpose. On the other hand, if the grading system is designed to de-emphasize grades and allow the students to concentrate more on learning and understanding the materials, then perhaps this objective can be achieved more effectively with a Pass/Fail system. But then again, this system can suffer from the same problems which seem to exist in the present system: the average mean is too high. This is not to say that more people should be failed, but merely points out that the standard of "excellence" can be diluted to the point of insignificance. This is especially apparent with respect to one instructor whose combined number of H's for two classes exceeded the total number of Q's and D's he gave out. Finally, there is the problem that prospective employers have in understanding or diciphering our grading system. Too many times, students have to explain the grades on their transcript. While our system may benefit from its "uniqueness" or ability to be "innovative," these same advantages are also disadvantages. The question remains: What are we to do? Although I have no perfect solutions, I hope that this analysis has pointed out some problems in the system which should be addressed by the administration, the faculty and students. * less than .1 March 26,1986 The Opinion 5 �S. E. C. Lecture Gives Inside Info by Victor R. Siclari Ira Lee Sorkin, administrator of the New York regional office of the U.S. Securities and Ex- change Commission, gave some "inside information" to law students in a lecture at the UB Law School on March 7. Sorkin, a U.S. District Attorney for the Southern District of New York prior to joining the SEC, is a guest lecturer each year for Professor Roger Deitz Securities Regulations class and provides students with some insight to the functioning of one of the smallest but most important federal agencies.. The Securities and Exchange Commission (SEC) has about 1,850 employees scattered in nine regional offices: Atlanta, Boston, Chicago, Denver, Fort Worth, Los Angeles, New York City, Seattle and Arlington, Virginia. The NewYork office, with 10 per cent of the nation-wide staff, is a microcosm of the agency's headquarters located in Washington, D.C. However, the NewYorkoffice also has jurisdiction of almost 2,000registered investmentad2,000 registered visers; brokerage firms (not to mention the countless registered representatives employed by these firms); and 800 mutual funds with assets of over $100 billion; It also oversees the operation of the New York Stock Exchange (NYSEX), the American Stock Exchange (AMEX) and the National.Association of SecuritiesDealers (NASD-an independent self-regulatory agency established with authorization of the securities laws). In order to control all of these entities and keep watch over all the activities, the SEC is divided into divisions, each responsible for a particular section of the securities market: general counsel, corporate finance, en- forcement, investment management, and market regulation. However, each division cooperates with one another to create an integrated system of regulation which oversees the securities industry and provides protection to investors. The SEC attorneys are assisted in their jobs by various specialists on thestaff: examiners who examine books and records of firms to check their financial solvency and insure proper handling of customer funds; investigators who assist attorneys in enforcement; and financial analysts and accountants who review financial reports and required filing materials. Since the agency has a limited size that must deal with an exceedingly large industry, its primary objective becomes one of deterrence. The SEC achieves this goal "by bringing those cases that will send a message out that if you're caught, you'll get punished," says Sorkin. This objective has become increasingly difficult with the larger number of securities on the market and with the great surge in international trading of domestic securities. Sorkin "~sees'"~~lnle7nationaT trading as the biggest problem the SEC will face at the turn of the century because of the difficulty in tracking down violators. This is especially so as more foreigners register on the exchanges and more American corporations register on foreign markets. In addition, the requirements and regulations on trading vary with each country, making the job of this watchdog agency even more difficult. Countries such as Hong Kong, Switzerland and Panama, with their strict privacy laws, erect additional barriers for the SEC in tracking down violators of U.S. securities laws. As if these problems were not enough, there is serious discussion about extending hours of trading to 24-hours-a-day, which would put the SEC on a 24-hour alert. Sorkin discussed a number of ways with which the agency picks up information about potential offenders of the securities laws. Every day, the SEC receives telephone calls or complaint letters from the public. Sometimes it is an investor who is upset that he lost money when his stock dropped in price, but other times it can involve a broker who misrepresented to a customer that a certain company's stock would rise 10 points because it was going to be taken over by another company. The SEC also occasionally receives anonymous tips. Other ways in which the SEC picks up information is during investigations or routine examinations of books and records and by reviewing material which is required to be filed with the agency. While the agency cannot examine or review everything, it doeslook for certain areas, especially financial reports, which may be altered by different methods of accounting to give the impression that a company improved from one reporting period to another. Self-regulatory agencies such as the NYSEX, AMEX and NASD, also assist the SEC in catching violators. Today's sophisticated computer monitoring systems can be programmed to red-flag any stock which has a large deviation in its price or volume. Such programs can instantaneously provide the SEC with any information disseminated by or reported by the company for the last couple of months. The SEC then evaluates the information to see if the deviation is justified. If not, then the SEC will directly call the company to see if it is directly involved in any publicly disclosed business transactions which would cause the deviation. If the SEC feels someone is illegally trading on inside information (material nonpublic information), it has the capability of determining who is buying and selling the stock and where. Other agencies, such as the Internal Revenue Service, and the U.S. Attorney's Officesalso cooperate and have a close relationship with the SEC. The process involved in prosecuting an action is multitiered. First, the SEC will open up what is called a "matter under inquiry" to see if the alleged violation is worth pursuing. This administrative investigation is analogous to a grand jury in that it is a non-public, fact-finding stage. Since the agency itself lacks the automatic subpoena power found in other federal agencies, the attorneys must go before the five SEC commissioners to request a "formal order for investigation." This request is accompanied by reasons for its need and will be granted by the commission if it is deemed valid. Once the subpoena power is granted, the attorneys can obtain access to records of banks and other unregulated entities. They will then prepare an action memorandum to the commission which sets forth the facts, legal issues to be litigated, views of the various SEC divisions of the case, and requests authority to proceed against the violators. civilly The attorneys will go before the commission, openly discuss the meritsof the case and make a type of "cost/benefit" analysis of the time and expense of the investigation with the probable success of the suit and its deterrent effect. A majority vote of the commissioners is needed to begin litigation. Alternatively, the SEC can offer to settle with the alleged violators and impose certain administrative sanctions. In response to a question of the political leanings of the commissioners and how this affects the amount of enforcement which is pursued, Sorkin said: "It is not a heavily tilted Reagan-appointed commission. There are three republicans and two democrats, yet they [each of the Commissioners] have their own views on enforcement." Sorkin seemed to disagree with the position of SEC Commissioner John Shad who maintains thatthe SEC does not need a larger staff since it brought more cases in the last five years with a smaller staff. On the other hand, Sorkin pointed out that the necessity of a continued presence and active involvement of the SEC in the securities industry is echoed by those whomtheSEC regulates. When there was a proposal to cut back the SEC some time ago, the security industry opposed such action because the SEC gives credibility to the marketand keeps it clean from the practices and people who caused the 1929stock market crash and subsequent Depression of the 30's. And surprisingly, thecredibility of the SEC is self-supported by the absence ofinternal scandals involving violations of the securities laws by SEC employees. Only once did it occur that there was an unauthorized conversation about a takeover; however, it was done innocently and without the gain of any material benefit. Racism Evident in Longmire and Goetz Cases by Jay Lippman, Second YearLaw Student On March 3, 1986, in Erie County Courthouse, the pessimists were proved wrong, and the cautious optimists sighed in relief. An all-white jury, comprised of four women and eight men, found a young black not guilty of any homicide charges in connection with the death of a young white man. They declared that Ronald Longmire acted in self-defense against four to six white males who barged into his room on Sunday, October 21, 1984: that they threatened to kill him and started to fight with him. By now, this story is old news, and many may have forgotten about it. However, none Why this discrepancy in treatment?To many, the reason was because of the nefarious operation of racism. "Nonsense!" exclaimed those whose who are all too willing to believe that everything is "okay" in America, and unwilling to consider reality. And, reality reached new heights both in Buffalo and in NewYork City on December 22, 1984, also a Sunday. Approximately two months after Ronald Longmire attempted to defend himself, Bernhard Goetz entered a New York City subway car with a loaded pistol. Four black youths approached him and asked him for $5.00. Goetz immediately pulled out a loaded gun and shot the four youths. As Goetz calmly proceeded to leave the subway care wherein all of this occurred, he glanced at one of his fallen victims, remarked, "You don't look so bad!", and shot this person again. This person was paralyzed for life. Like Ronald Longmire, Bernhard Goetz claimed self-defense. Like Ronald Longmire, Bernhard Goetz employed deadly physical force. However, unlike Ronald Longmire, Bernhard Goetzwas not villified publically, but accorded hero of us should remove from our memories the meaning of this case with respect to justice and equality. And, by doing so, we can better understand why there were pessimists and cautious optimists. Our attempts to comprehend begin with a distinct memory of how the media covered this tragic incident, immediately after it transpired. We vividly recall the exalting ofthe late Craig Allen, who was part of the intruders' group. An all-Amerstatus. In Buffalo, the Erie County ican athlete. A straight-A stuD.A. did not hesitate to seek an dent. Craig Allen was everyindictment. In New York City, thing to all people. March26,1986 TlMOpMon 6 there was not only hesitation but also refusal by Mr. Goetz's first grand jury to indict him. In a society wherein grand juries are a prosecutor's rubber stamp, such refusal was quite suspicious. Why the disparate treatment of two individualswho both asserted the same legal claims under the same laws of the same Why State? dissimilarities when one individual used a common kitchen appliance to ward off intruders in his own domicile, and the other used a loaded pistol to ward off four youths asking for money in a subway car? Ronald Longmire did not approach a second one. Ronald Longmire, the young men in his room, did not know that Craig Allen had been wounded. In fact, no one knew of this fact until Craig Allen's body was discovered six hours later. New York Law does not impose a duty on anyone in his own domicile to retreat from using deadly force in self-defense. The law says nothing about subway cars. If anything, the law sanctions the use of such force in the home, and disclaims Bernhard Goetz's vigilantism. Yet, Bernhard Goetz was seen as a crusader for justice, a white knight, to pardon the expression. Ronald Longmire? Simply, a "nigger with a knife." Why? The reason is simply racism. In our "just" society, we associate blacks with crime. It is more difficult to conceptualize a white person as a wrongdoer. Perhaps, this perception is based on thefact that blacks represent a majority of individuals arrested and ac- continued on page 12 Annual Race Judicata Offers Chance At Trophies, Dinner at "Regular Guys" by JackLuzier Are you suffering from the mid-semester blahs? Do you seem to be lacking energy, stimulation, direction? Maybe you're not sleeping well, eating well, or even thinking well?Are you feeling a little pudgy? We are offering a healthy, social solution to these problems and many more, with the goal of sharing good times and good effort with your fellow students and professors. That's right, it's Race Judicata time again, an annual running event held at our school and many others. This year the race will take place on Thursday. April 17 at 4 p.m., starting and ending at O'Brian Hall. The race will be 2.4 or 4.8 miles long depending on how far you want to go. But the race is only part of the festivities. There will be music, refreshments, and beer after the race in the first floor lounge. The top finishers will get trophies and one lucky finisher will receive a dinnerfor two at Regular Guy's Cafe. This year we are providing an added attraction of optional Tshirts for all pre-registered runners. They will cost about $3 and those who want one must register by Tuesday, April 15. Registration forms will be outside the library during the SBA elections or are available from Jack Luzier and Brian Bornstein. We hope to get faculty and staff involvement by have a special awardfor the first place staff finisher. We know there are a lot of professors who run. Are they afraid to "let their hair down" and sweat a little with their students? This event is a great tradition at law schools; a chance to get in shape for finals, for the summer and share a hardeffort with your peers. Even if you haven't run much, you have 4 weeks to get in shape. It really doesn't take much and you'll be glad you did. See you on April 17. �The Public Sector Diane Dean LSCRRC Director Has Energy, Commitment "I'm a middle class white woman. For a whole lot of reasons I knew at a very early age that I had a committment to social justice. Some people find that commitment early in life, some people find it later in life. Just because you're privileged and white and middle class doesn't mean you don't have anything to offer or that you shouldn'tbe part of the struggle for equal justice. "Specifically because I was privileged, I feel like I have a responsibility to give back to people who aren't. I can put myself on the line a hell of a lot more than a lot of other people and make my voice heard. And if I can be doing that then I think I should be. "Use your background to public interest law's advantage. If I can get people to listen to what I have to say then I can get them to look at their own base values and have them think, 'Maybe I can contribute more. I understand middle class guilt but if you've got a commitment then you've got every right to be there." Amy Ruth Tobol, Director of the Law Students Civil Rights Research Council (LSCRRC) and 1983 graduate of UB Law School, has this and much more to say about commitments topublic interest law, the work she does as an organizer and teacher, and women's contribution to the legal profession. She talks in streams, flowing logically from one confirmed thought to the next. It seems to be how she expresses herself in general a constant flow of energy, focused, determined, and decidedly optimistic. Tobol watched William Kuntsler and Ramsey Clark in action when she worked on the Attica defense. She was a community organizer as an undergraduate. And, like many lawyers who decide to make a commitment to public interest law, she saw a law degree as something that would facilitate her work for social change. As director of LSCRRC, Tobol acts as an administrator, an educator, and an organizer. Her work doesn't stop at the end of those job duties, though. To keep her advocacy skills thriving she does pro bono work for the Center for Immigrants' Rights in New York City. Tobol does a lot of shifting of hours, works most weekends, and has the opportunity to repSalvadoran refugees resent in political asylum cases. Owing her love for immigration work to what Professor Kathy Rimar taught her in the Immigration Clinic at ÜB, Tobol sees her job as more than just an attorney representing a client on one narrow legal issue. by Audrey Koscielniak The Erie County Bar Associa- observing an attorney during his/her normal routine. The student may choose the size of the firm or agency, the practice speciality of the attorney, and the type of office (government, public interest, judicial, private firm, or corporate legal depart- — "A person's legal problems don't exist in a vacuum. Generally, the whole person's life is affected by one legal program: family law problems, benefits, as well as immigration." Tobol thinks women attorneys can contribute a perspective to the legal profession which accounts for all of a client's needs. In her opinion, women attorneys share the decision-making power with their clients more than the male attorneys she's worked with ("accounting for all stereotypes, of course"), and they are not as prone tothe 'gamesmanship' of dispute resolution. That's another reason she's a lawyer Tobol wants to bring an alternative approach to dispute resolution. "The women I've seen are not as inclined to 'pug it out in the street,' but are more conciliatory. That doesn't mean they're giving anything up because if you've got a strong backbone and can still be concilatory that runs in your favor in a negotiating situation. With men I've watched, there's more of the tension, more hostility, more of the fight." As director of LSCRRC, Tobol has visited almost 100 law schools educating students on public interest employment and on issues particular to the community in which she's speaking. This schedule often gets hectic Tobol returned the night before the NYU Careers Symposium from lowa and was seen the day after the symposium in Boston at the Public Interest Law Foundation Conference. "When I plan to go visit a law school I call ahead and arrange meetings with all my contacts. In lowa, for instance, I met with the National Save the Farm Coalition. They told me farmers needed help in stopping farm — — foreclosures and bankruptcy hearings. Then I went to the University of lowa Law School and told an audience of studentsabout the legal issuesfacing farmers. A group of them told me they'd be willing to help the local farmers. I'll go back later to solidify the connection." It's connections like these that keep Tobol inspired. She says she tries to motivate students for more than personal gain, saying she's found some of the most dedicated public interest law students in such farreaching places as Booze Creek, North Carolina. Having the opportunity to speak with a key figure in granting LSCRRC summer intenship funding, I asked what exactly she looks for when reviewing applications. She said LSCRRC's basic criteria is a commitment to public interest law. "Demonstrated commitment does not necessarily mean 10 years of experience. We look at life experiences, too. We look at enthusiasm, motivation. Everybody's coming from a different background. Everybody's experience can be of value." "We don't care about Moot Court, grades. Law Review. We care about who the person is, how they are going to respond to a question on affirmative action or foreign policy, how you formulate your opinions. Fifty percent of the grants are given to first-year students and the rest are given to people with some experience." LSCRRC's commitment, which Tobol thinks is achieved, is to provide hands-on experience in public interest law, establish and maintain a directory of public interest employers, and to address the issues facing minorities. She says that 50 per cent of the LSCRRC grants, a figure much larger than most other organizations, go to minority candidates. Tobol's commitment is LSCRRC's commitment. The 60 plus hours she puts in at work every week are all out ofchoice. "I could not imagine myself doing anything other than what I'm doing. I absolutely love it. I knew when I went to LSCRRC that I would only do certain kfnds of work. I knew I was a good organizer and a good teacher and that being a good lawyer meant doing these things as well. The kind of satisfaction I have with my work is pure, that's the only way I can describe it. I go to bed at night and I feel like I haven't made any moral choices, that I'm really doing exactly what I want to be doing. That gives me so much strength, personally." What Tobol loves to do is what LSCRRC was set up to do. Her tenure ends this coming August, leaving a challenge for the next director to keep up the momentum Tobol has built at LSCRRC and seems to build wherever she goes. C.D.O. One-to-One Program Increases Career Awareness tion and the UB Law Alumni Association have joined the Career Development Office in sponsoring the 1986 One-toOne Counseling and Career Guidance Program. Its purpose is not only to help students explore available career options, but to increase their awareness of the realities of law practice by discussing those items with a person who experiences them daily. One-to-One makes it possible for first, second and third-year students to spend half-a-day ment), y Each year, many students participate in One-to-One, and the evaluations submitted by them confirmed the program's value. Over 95% of the students who provided written feedback felt that the time was well spent. "I wouldn't havemissed it for anything. I would require it New Tax Program Offered The Institute for Tax Studies at the State University of New York at Buffalo is accepting reg- istrations for three courses in what is believed to be the first graduate-level tax program in Western NewYork. The institute is administered by the UB School of Management and its alumni association. The non-degree evening program, established last year, provides comprehensive tax instruction for accountants and attorneys who deal with complex tax issues and for persons interested in pursuing careers as professional tax advisors. The Graduate Tax Certificaoffers 14 tion Program graduate-level courses on personal and business taxation. Each course is an independent unit designed to provide indepth knowledge of a specific subject. All courses are taught one night a week over an eightweek period by highly qualified tax practitioners drawn from the legal and accounting professions. Registration currently is being accepted for three courses extending from April 22 to June 12. They are: Tax Practice and Procedure, Property Transactions I and Corporate Income Tax 11. To receive certification, par- ticipants must satisfactorily complete at least nine of the 14 courses in the program. .. for all students for their own helps to focus on pracgood tical aspects of legal education This program represents a most beneficial opportunity to inject some 'real — world' legal practice into law school study..." These are typical examples of the enthusiastic comments received from last year's student participants. Attorney enthusiasm for the One-to-One Program seems to match that of the students. In the past, many attorneys have gone out of theirway to ensure that the events to be observed by the visiting student are in- teresting and valuable. It is not uncommon for attorneys to go well beyond the one-half-day time commitment requested. The participating attorneys have agreed to answer any questions about the particular type of practice, its prospects and demands, courses to take, etc. This might even be your opportunity to find out what an employer is looking for in a candidate, and test out questions you may want to ask in an inter- view. Although the program is administered by CDO, One-to-Qne it is not a placement program. It is a career-guidance program designed to help students explore career options before making a final career decision. The best way to learnabout the realities of law practice is to dis- cuss them with someone who experiences them daily. One-to-One is open to ALL students. We particularly encourage first, and second-year students to take advantage of this opportunity to lay the foundation for an informed career choice and employment search. We hope that each student will be able to visit two or more attorneys during the year in order to get ideas about various career alternatives. To participate in One-to-One, CDO recommends the following steps: 1. Review the Attorney Register Categories listed in theOneto-One announcement which will be delivered to the student mailboxes and select the area of practice, type of office and size of firm/office that you would like to observe. 2. Stop by CDO (Rm. 309), review the Attorney Profile cards, and select the attorney with whom you would like to meet. Attorney Profile cards are filed by first-ranked area of practice for that attorney. 3. Submit Attorney Profile card and Student Request Card (the yellow form dropped off in your mailbox) to CDO. CDO will then prepare a letter of introduction to the attorney. Allow 48 hours for this to be done. 4. Pick up your copy of the letter of introduction sent on your behalf, as well as a copy of the Student Guidelines and Evaluation forms. 5. Call the attorney's office and set up a mutually convenient date for your visit. This program will be especially useful for students who want more information on alternatives available after law school. It is an excellent way to observe different types or sizes of firms and agencies, with no limit on the number of visits a person can make. ' Courses also may be taken individually. Applicants must possess an undergraudate college degree and must have completed a basic tax course or received equivalent tax training. Tuition for each course is $200. Participants who enroll in the certification program must also pay a $50 registration fee. Further information and program brochures may be obtained by contacting the Institute for Tax Studies, UB School of Management, at (716) 636-3202. CAREER PANELS Mark your calendar and attend our career information panels scheduledfor March. ALL STUDENTS ARE INVITED. This is an excellent opportunity to find out what practicing law in these topic areas is really about. Your individual questions are especially welcomed. LABOR LAW PRACTICE Wednesday, March 26, 4:00 p.m., Room 109 Collins, Collins & DiNardo John Collins Union representation Management representation Hodgson Russ Andrews Woods & Goodyear David Farmello Mark Pearce Attorney, NLRB Administrative Law Judge, PERB Marilyn Zahm (Public Employee Relations Board) and Chief Regional Mediator — — — — — — March 26.1986 The Opinion 7 �©PINION £lil STATE UNIVERSTTY OF NEW >ORK AT BUFFALOSCHOOL OF LAW Volume 26, No. 12 March 26. 1986! Editor-in-Chief: VictorR.Siclari Managing Editor: Jeff H. Stern News Editor: Paul W. Kullman Features Editor: Timothy J.Burvid Business Manager: Harry Branson Photo Editor: Paul F. Hammond Layout Editor: Kevin O'Shaughnessy ProductionEditor: CharlesE.Telford Contributing Editor: Peter Scribner Staff: Idelle Abrams, Craig Atlas, Duane Barnes, Alberto Benitez, Dave Chapus, Sue Clerc, Diane Dean, Michael Gelen, Krista Hughes, John K. Lapiana, Jack Luzier, Dave Plan, Melinda K. Schneider, Amy Sullivan, Dana Young. Contributors: Rita Gylys, Jay Lippman, John Martin. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year.It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials Trubek's Withdrawal Bodes III For UB Law School .. And it was. It seemed too good to be true For over two years we've been looking for a new dean. The Search Committee interviewed a grand total of seven candidates in that time. And just when jt looked like they were actually on the verge of approving a candidate, we get clobbered with the ultimate bad news. Louise Trubek, the only candidate to have gotten this far, suddenly withdraws; the Search committee disbands; and the search grinds to a halt. Trubek seemed to have it all. As long time Director of the Wisconsin Law School clinical program, she possessed administrative experience, respectable scholarship, and a practical orientation. From all indications she appeared interested in the deanship. She returned for a second interview, and appeared to get along well with the faculty. And then, she cryptically "withdraws". What's going on here? The official explanation claims that she simply decided this wasn't the job for her. But supporters ofTrubek claim that she was pressured out for political reasons by Provost Greiner. They say Greinerrefused to wait for the law school faculty to pass on her qualifications, but rather took it upon himself to shortcut the process by calling her up and "counseling" her to withdraw. We may never know for sure where the truth lies. What we do know is that this school will be withouta permanent dean until 1990 at the earliest. At best, we'll have an "interim" caretaker from within the school until then. For the next three years, we will have a dean who will be unable to initiate any long range programs. The voice representing the law school in Capen Hall and in Albany will be that of a temporary placeholder, rather thanof a permanent leader. And thewhole law school community will be left in a state of uncertainty, wondering when, if ever, will we finally get a real dean? Who will be this new interim quasi-dean? Will the interim be converted into a permanent position? Or will the outside search eventually resume? Can any outsider take our search process seriously? Most importantly, what are we looking for in a dean? A great jurisprudential scholar? A super administrator? A fundraising gladhander? Many of these questions would have been either answered or avoided by a competent professional, and rational search process. What we got instead was one big pathetic joke. Eliminating Late Grades The problem is perfectly simple, yet perfectly frustrating for every single student in this school: late grades. We've been complaining aboutthem for years. Nothing is done. Now, like a miracle of modern science, a wondrous new solution is reported to us from Albany Law School. And the bearer of this remarkable information is none other than Professor Ken Joyce, who's grading delays have earned him a rightful place in the Procrastinator's Hall of Fame. Last semester, Joyce taught a Tax course at Albany during his sabbatical. And, astonishingly enough, he turned in his grades within one month of the final exam, the same grading time limit allegedly used here. The motivation for this miracle? Albany does not post any grades until all grades have been handed in. As Joyce himself says, "Now that's pressure!" To which we can only add, if it works on him, it will work on anyone.We should give theAlbany plan a try. Now. This semester. It is past the time that this one idiotic problem be consigned to the ash heap of history. The Opinion March26,1986 8 Letters Growing Frustration Compounds Marcus Fiasco Dear Acting Dean Schlegel: I am writing in relation to what has since become a fiasco surrounding the Family Law examination given by Professor Marcus in the Fall of 1985. Although we understand the difficulty involved in a situation of this type, we feel that the Administration has ndt been responsive to the needs of the student body. We are appalled by the lack of official notice pertaining to the actual claims of cheating and the continuing procedures of investigation utilized by this Administration. For months, rumors have been allowed to permeate the student body without this Administration issuing any statement notifying the students from the class that, not only are there claims of cheating, but that this Administration has been actively pursuing remedies to those claims. The current solution settled upon by this Administration, i.e., all students who took the exam being required to sign an "I did not cheat" statement, is not only an affront to all principles of 'innocent until proven guilty,' but is unacceptable to the student body. Forcing a student who did not cheat into signing a statement proclaiming that fact is plainly unfair. Furthermore, the burden of starting an appeal process should not lay upon the shoulders of any student who, for whatever.reason, refuses to sign that statement. There are clearly serious implications in accusing each and every student and not dropping that accusation until the student signs an affidavit especially in a school of law. Instead of a situation where a witchhunt may prevail, we suggest that you, Ms. Marcus and the entire class meet to discuss exactly what happened during the two week, floatingexam period. As you well know, the parameters of precisely what "cheating" entails are not clear. Perhaps the standard that the Administration is using can be discussed. Additionally, perhaps the truth as to how many people are involved and maybe a better way to deal with them, may also be discussed. All students involved have a very large interest in both the standards and procedures this Administration are using, and should have input on those matters. Lastly, there is the problem concerning a delay of notice to those graduating seniors who happen to get a failing grade (F) in Fall semester classes. This situation goes far beyond Ms. Marcus' exams. Is it now necessary to write graduating senior on a Fall exam? This Administration should demand professors, as it does in the Spring, to have grades for third year students completed with enough time to add another class if necessary. Considering that Ms. Marcus' exams were graded almost a month ago, we request that this particular situation be remedied immediately. I hope that we have made you aware of the concerns of the students. It is growing increasingly important for these concerns to be addressed by this Administration. Sincerely, Lori Cohen Student Bar Association President SBA Holds Student Forum Debating Honor Code Policy Dear Acting Dean Schlegel: As per our last conversation/ correspondence, the Student Bar Association held an open student forum on the 'honor code. Naturally, the present situation surrounding Professor Marcus' exam was used as a prime example throughout most of the evening's discussion. The students were helpful, and quite adamant concerning those students who cheat most want those students — punished now! Much of the debate centered around the situations where students may have received/acquired prior knowledge of the content of the exam. The great majority of students present want the 'open' system present at Buffalo to remain, and felt that instead of changing the system, the 'Administration should take a much quicker and stronger stance on cheating. In relation to the present situation of Professor Marcus' exam, all students at the forum agreed that the Administration should stop sitting on this particular exam, begin the proper proceedings against those students whom they think cheated, and release the rest of the grades immediately. They once again reiterated their frustrations at the lack of any clarifying information from your office, whatsoever! As to what actually constitutes cheating, the group recognized the fact that we are all Argento Receives Pres. Endorsement Dear Editor: As the members of the Executive Board without a personal stake in the outcome of the upcoming Spring Elections, we feel it is our duty to inform the Student Body of the candidate we think is most suited to be Presidentof the StudentBar Association. We have discussed the choices and have agreed to support Vicky Argento for the office of President. Based upon each candidates' talents, ability to deal with all types of people, knowledge of the organization and the law school, outside committments, etc. we feel that VickyArgento is by far the best candidate. As a second year director, Vicky has shown a good ability to understand both the problems from the perspective of a law student and from the per- spective of the Administration. She has been a strong advocate of the rights of all students, and is respected by the faculty for her work with the Academic Dishonesty Investigation Procedures. We urge you to vote for ExecutiveBoard members April 9th and 10th. Watch for debate times come hear and question the candidates. This is your chance to make an informed choice. Once again, we are supporting Vicky, come to a debate and hear her! Lori Cohen Gerard E. O'Connor Colleen M. Rogers - adultsand should be ultimately responsible for our own actions. Along these lines, the obligation lies with the student to remove hme/herself from a situation where prior knowledge of the exam may be received; in this sense, it* is the student's duty to get up and leave an area where other students are discussing the exam question. If a student does accidentally overhear some portion of an exam question, or the contents of the question, the student should then approach the professor with this knowledge, and ask if that knowledge give the student an edge. It will then be the professor's choice as to whether that student may take the exam or not. There was also the suggestion of no speaking about a floating exam during the exam period; hard to police, but at least students would know the rules. Lastly, all agreed that there are various levels of cheating and these should be expressed in the punishments each incident receives. Clearly, those students who copied and received copies of the exam should be punished more harshly than those who accidentally overheard some content of the exam. Future suggestions included an honesty statement on all exams. I would like to repeat the student request that the Administration go forward and start proceedings against those students it feels cheated and release all the rest of the grades — immediately. A quick solution at this point will benefit all. Thanks Lori Cohan SBA President �The Boy Mechanic Kevin O'Shaughnessy Family Law Scandal: Who's Zooming Who The Dean is my shepherd; I shall not cheat. He maketh me take exams in brick classrooms; he leadeth me beside the still water fountains He restoreth my soul, he leadeth me in the paths of righteousness for the Bar's sake. Psalm 23 (revised) I have had a provision placed in my will which ensures that my heirs (or is it legatees, I haven't taken Future Interests) will be notified of my Family Law grade. Decades from now, my illegitimate children can visit my final resting place, gaze towards the heavens (or wher- — .. ever they will think I have gone), and exclaim, "Father! Father! You got a 'D' in Family Law!" Yes, I was in Family Law and No, I didn't cheat. There's a flock of us stumbling around O'BrianHall like sedated sheep; we make daily pilgrimages to Admissions and Records' "wailing wall" and walk away gradeless and unfulfilled. It appears some students have raped the honor code and the administration is helpless. It's useless to ask students to sign affadavits stating, "I didn't cheat." While they're at it, they could ask us to sign affadavit stating, "I know nothing of Jimmy Hoffa's disappearance." Anyone who has raped the honor code will have little trouble committing perjury (maybe they could force us to sign the affadavits in the presence of our relatives). I'm at a loss to explain how these people passed that rigorous Ethics course. Perhaps Schlegel and Berger should put a 200 watt light bulb in a desk lamp, shine it in the eyes of each member of the Family Law class, and act out a version of "Good Dean, Bad Dean": BERGER (holding a struggling Schlegel back): I'd like to believe your story, but my partner here SCHLEGEL: Let me at'em! I'll rip his lungs out! .. We could enlist the aid of the crypto-fascist terrorist "group the "Parlor Protectors." These idiots probably get into torture. They could place each student pn the rack and "obtain a confession." Hot irons, anyone? If we're going to have a witch hunt, let's do it with style. The entire Family Law class should be taken to the swimming pool in Alumni Arena. Each student will be forced to stay underwater for ten minutes; the survivors would be declared "cheaters." The "cheaters" would be taken to to the football stadium, placed on the fifty yard line, and burned at the stake. There can be not justice here. If an innocent student is formally accused of cheating, it's nearly impossible to prove the accusation false. The damage caused would be irreparable. The honor code rapists will get their meaningless grades and remain unpunished. The student body will probably lose the floating exam privilege. The next time you hear somebody complaining about the law school's grading system: remind them of the Family Law exam. Atraditional grading system increases student competition with the honor code rapists running loose in this school the rest of us would have .. to carry guns. Guest Column John Martin Affirmative Action Program Widely Supported The article, Law Review's Gesture A Forced Concession by Kevin O'Shaughnessy, "The Boy Mechanic," in the March 12 edition of The Opinion was a very irresponsible piece of jour- nalism. Only seven out of sixty-three Law Review members voted against the affirmative action amendment to the Constitution which was ultimately passed. The votes were anonymous and did not reveal whether the seven no voters were opposed to affirmative action per se or whether they were simply opposed to the particular amendment which ultimately passed. Yet O'Shaughnessy says that it was a forced concession. He cites insiders, without identifying them or even stating whether he talked to them, for the proposition that those who were honestly for affirmative action were "a well-intentioned minority [who] would not have carried the day had the proposal not been leaked to the general public." Supposedly, "the news leak backed a number of elitists into a corner. Appearances won over convictions No one wants to look like a racist." Given the ease .. with which the amendment passed and the anonymity of the voting, these statements are not credible. The proposals were shown to membersoftheschool's minority community. I suppose this is what was referred to as a leak. It was not done as a tactical move. The person who brought the proposals to BLSA was not a proponent of any particular proposal. He just wanted to get their comments to help him decide how to vote. This seemed perfectly appropriate to me. The feedback we received was that the minorities overwhelmingly supported the proposal which we subsequently passed. O'Shaughnessy then pro- vided us with his evaluation of the two main proposals. The trouble was that he did not bother to get his facts correct. He stated that under the first proposal, which did not pass, "[applicants defined as 'disadvantaged' would be given a maximum score for their personal statement." But the proposal stated nothing of the kind. It left the scoring to the complete discretion of a Personal Statement Committee, and explicitly stated that such factors as age, advanced degrees, work experiences, and life experiences could be considered. Under this proposal, race and economic class were factors which could be considered, but how the various factors would be weighed would have been up to the Personal Statement Committe each year. I think that with the current Law Review members administering it, it would have had an integrating effect, but the proposal did not ensure such results. Howmuch effect it would have had, and how it would have been administered in the future are questionable. Regarding proposal which did pass, O'Shaughnessy listed two criticisms. The first the was that it "limits the admission of 'disadvantaged' students to a small number." He is wrong. The stated purpose of the new subsection of the Constitution is to counteract "racial and class biases in the selection process." The stated objective of the amendment is that there be "at least" approximately proportional representation. Under the amendment, if the traditional selection criteria does not effectuate the stated objective, then additional offers will be extended in order to bring about proportionality, but in no way does the Constitution authorize reducing the number of offers made to minorities if they exceed proportionality. Furthermore, the amendment does not refer to racial minorities as "disadvantaged"; it speaks of biases in the selection process. According to O'Shaughnessy, cynics, and he considers himself a cynic, feel that the amendment passed be- cause it limited "the admission of 'disadvantaged' students to a small number." A little investigation would have shown him the falsity of the assumption. I proposed and authored the amendment which passed. I argued that racial minorities deserve equal opportunity to be admitted to the Law Review; that the traditional selection process was biased; that the should amendment acknowledge the problem and address it directly; and that an amendment acshould knowledge the problem and address it directly; and that an amendment mandating pro- portional representation ensures equal access to the Law Review. The suggestion thatthe motivation for the passage of the amendment was a desire to limit the number of minorities on the Law Review was ridiculous. If O'Shaughnessy had attended the debate on the proposals, he would have known that the amendment does not put a ceiling on the number of minorities who can be admitted to the Law Review, and he would know that by far the primary reason given by supporters of the proposal which passed was that it ensured results. If anyone wanted to limit the number ofminorities on the Law Review, a doubtful proposition in my mind, it would not have made sense for such a person to vote for the amendment; a vote against the amendment or an abstention would have been expected. The second drawback O'Shaughnessy sees in the amendment is that "a stigma is placed upon those admitted." This was a concern. I think Ed Peace, a member of BLSA, addressed it best. He said that society stigmatizes blacks and other racial minorities, and it is something with which they must deal; the stigma would exist under any affirmative ac- continued on page 10 Diane Dean The Public Sector 35 Students Attend NYUPublic Interest Symposium At least 35 UB students attended the 1986 New York University Public Interest Careers Symposium in New York City recently. Employers seeking students who are interested in public interest legal careers attended and conducted both formal and informal interviews with students. Students who attended the Symposium commented on their experiences. Jo Ann Harri, a third year student, said the Symposium was very useful. "The Symposium gave me the opportunity 'to get my foot in the door". I analogize the whole experience to the job of a vacuum cleaner salesman. Throw the dirt on the rug and then explain why your product is the only one capable ofcleaning it up. If ever a law student's ability to argue was called into service, it was during the informal interviews." While many law students had some pre-arranged interviews with specific employers, they often took the initiative to talk their way into'formal interviews. Arriving on Thursday gave some the edge on getting more formal interviews. Butthe informal interviewswere just as helpful in many instances. Kathleen Lynch, another third year student, said she was of- fered a second interview after sitting to chat informally. Second year student Marcy Cohen met the Supervising Administrative Law Judge for the New York State Department of Social Services who asked for a copy of her independent study paper on Medicaid Reimbursements for senior citizens. This rapport may easily translate into a job offerupon graduation in 1987. Students who attended had some suggestions for those who did not attend the Symposium. Lynch said not to be discouraged if you do not get formal interviews. "The employers have a wide range of students to choose from so they often can't pick UB students. I strongly encourage people to use the informal interview process. They can work to your advantage if you are willing to take the time to sit down and talk". Jay Lippman, a second year student, suggests you come prepared with resumes, writing samples and personal statements in hand to distribute. Harri adds, "Be prepared. Re■~yiew material on the employer feleforehand. Ask questions. Act interested. And, most importantly, be as 'up' as possible the day of the Symposium. YOU MUST ASSERT YOURSELF in order to get anything out of the Symposium." First year student Lisa Scarangella said being a first year student who has never had an interview for a legal position, an interview in New York was helpful. She said, "My inter- view with the D.A. was unexpectedly unpressured, relaxed. and even enjoyable. As a first year student, it was my first interview for a legal position. It was probably a very unpressured and positive way to begin six positions for '86 graduates. "It was a good opportunity to meet employers I wouldn't have met otherwise," said Lori Cohen. getting used to interviewing and even If I don't get a job offer, I will still be glad I went." Of course, for many the weekend was a trip home. But to all the students with whom I spoke the Symposium offered enough exposure to employers to make it worthwhile to attend despite the travel, the lack of informal interviews, and the confusion seemingly inherent in NYU's planning of the event. "It was helpful finding out more about the likelihood that an employer was seeking '86 graduates," said Kathleen Lynch. For instance, before the Symposium the Department of Health and Human Services could not arrange formal interviews because they did not At the Symposium, however, they began taking resumes for "It provided me with alternatives of which I had previously been unaware," said Jay Lippman. "It let me see who considers themselves public interest employers these days and what opportunities they're offering," said Marcy Cohen. All of us who spoke with employers came away with a very real sense that UB students impressed them. Lisa Tessler, the NYU organizer of the event, saidUB had more pre-arranged interviews than most other law schools. During informal discussions employers told those of us attending that UB stu- dents showed a committment interest on their resumes and in conversations. March 26.1986 The Opinion to public 9 �Law Review ation, said that while some may see the plan as stigmatizing mi- norities, he doesn't feel that way. "I also don't think the Law Review will suffer. I think it will be enhanced." And so do most members of the Law Review. Forty-one members voted for the plan while only seven opposed. Fifteen others abstained. "We all felt there were a lot of flaws in our selection procedure because certain people who were qualified were falling through the cracks and not being picked up," Hassettsaid. "Our system has shown to be biased and we needed to do something to correct this," said John Martin, author of the plan. Martin cited "White middleclass language biases" and "the educational disadvantages our society places on [minority] groups" as the motivating factors which led to the need for an affirmative action plan. Martin then pointed out that there have been no minority members of the Law Review in approximately 35 years. Guest Column tion program, and that even if . the Peace called the plan "a courageous step that need not stigmatize" minorities. "But if it does, I think it's a good step because it becomes a self-liquidating plan." That is, Peace said, once the Law Review becomes more representative of the student body, with different members looking for different things in prospective members, the need for the plan will diminish. "Some minorities don't want any help from the system," Peace said. "They want to make it on their own merits. But merit is a vague quality. Most law students merit inclusion on the Law Review. This plan broadens the standards of the Law Review. It doesn't lower them." Pollard agreed, and added, "I really have to commend Law Review for their efforts and initiative. At least they're conceding something and are showing some concern for minority students in the school." "From my perspective, it's a start and it's positive," said amendment stigmatizes minorities; the amendment is critical of white middle class biases. The language is clear that we do not believe that we are doing any favors for minorities. They are just as deserving of theirpositions on the Law Review as anyone else. stigma. O'Shaughnessy concludes that "(sjome people fought hard for this opportunity. It must not be wasted." Actually, this year there was not much debate about whether we should do something to remedy the problem; the debate was mostly about what should be done. It is unfortunate that O'Shaughnessy suggested that a minority of the Law Review members forced the amendment on the majority, and that there is a desire to limit the number of minority members on the Law Review. Six times as many members votedfor the amendment as against it. The Law Review encourages minority law students to compete for positions; you will be welcome on the Law Review, and we will try to help you to have a positive experience. Finally, I would like to say that Joyce Leave less he could get a tenured position at Albany Law School. He taught a tax course at Albany last semester, and plans on teaching there part-time next year. The Law Revision Commission is a non-partisan organization thatresearches current ambiguities and conflicts in New York statutes and recommends changes to the legislature. "I feel a real pull to see through some of the things that have already been started at the Commission, and even more so to start up some other thing." He also said that it was interesting to research the different approaches other states use to problems currently facing New York. Professor Joyce also has a notorious reputation for handing in grades extremely late. The scores for his Fall 1984Tax I class, for example, were not posted until October of 1985. When asked if his Albany students from last semester have received their grades yet, he laughed and admitted that they had. "Although it may be against my interest to report this, Albany has a different system for U. (v\) /\ \\ x I /\V/\ // \ / 1y( /J^-l f( / ) quality," Rodriguez continued, "and while some people may see the plan as stigmatizing, I don't fee that way and I don't think Law Review will suffer. I think it will be enhanced because there will be people with different backgrounds on it." making sure all grades get handed in on time. They have the same grading time limit as here, four weeks, but rather than posting grades separately for each class, they don't post any grades until all the grades are handed in. Can you imagine if all the grades in the school are being held up by one professor? Now that's pressure!" Joyce promised that he would finish grading the final exams for his current Gratuitous Transfers class on time. This class is being taken by a majority of this year's graduating seniors. Since he will have less than three weeks to grade over 160 final exams, he plans to use short answer objective questions for as much as two in the same editionof The Opinion, Paul Kullman did a credible job of reporting the story. He made some quotes that I think are actually paraphrases, but he managed to report the substance of the amendment and of his interview withKaren Hassett and me essentially correctly. I thank him for it and wish that Kevin O'Shaughnessy had exercised some of the same care. continued from page i thirds of the final exam. As he sees it now, the rest of the test will include only one essay question. Correction In the last issue of The Opinion, a labor conference on April 12 was announced. That conference has been postponed, due to the unavailability of several speakers on that day. Instead, there will be a smaller program on Tuesday, April 15 at 13:30 p.m., featuring Patricia Maria Fernandez-Kelly, an expert on the Maquiladora program. •' The Tieper 9{ew Jor^State — MuCtistate (Bar Review offers an integratedapproach to the <HeiV Jork^ <har <L7(am. "We emphasize sophisticated memory techniques, essay writing shifts and a concise, A (4) f f/\ ] K/y\ \/w organizedpresentation of the taw. you Wittbe prepared and confident. I Jr^. ) PEIPER NEW YORK - MULTISTATE BAR REVIEW L \\J It Speaks For ItseCf. SO'Wittis Avenue, Mineota, $&11501 |~ Duane Barnes Margo Beasley Ross Lanzafame James McElhone Brian Bornstein Amy Sullivan I \ \ \. The Opinion from square one. "We're all concerned with RES IPSA LOQUITUR \fy 10 Rodriguez. "Everything's not perfect but it's a step in theright direction. In society, some things like this are needed because it's not a colorblind society and everyone doesn't start continued from page 9 there was not an affirmative action program, people would assume that there was one if a black person qualified for the Law Review. Inasmuch as the stigma is unavoidable, he said that society should guarantee results, and he will dealwith the Furthermore, I do not think that the underlying rationale of continued from page 3 * March 26,1986 Telephone: (516) 747-4311 PIEPER REPS Charles Telford Walter Ramos Zoran Najdoski Brian Mahoney Mark Pollard Judith Kubiniec Doris Carbonell Maria LoTempio John Rowley Donna Siwek Amy Murphy A\Y (\J I \^\^\ I / / / �Pink Flamingo Not Subtle; Diverse Crowd A Bonus The Pink Flamingo Allen St. (near Mariner) Buffalo, NY by Kevin O'Shaughnessy The man in the Celtics jacket was selling something in the Draft beer was the order of the evening for my research assistants and I. The Flamingo offers Old Vienna, Lowenbrau ... AY place. . sandwiches and other bar foods (we weren't hungry so you'll have to sample the we were toldit's pretty food good). bathroom. There was a wad of bills in his hand. He had cuswaiting in tomers the stall... one of them a woman. The Celtics fan mocked the urinators, "What's the matter ain't you ever seen a girl in a guys room before?" He concluded his business by declaring "No one saw nothin'". The Pink Flamingo is not a subtle The outside walls and sidewalk are painted bright white with slashes of neon pink and blue. The bar area is long and thin, a small "dining room" to right of the entrance completes the Pink Flamingo's L shape. Serious bonus points were awarded for the presence of a pool table, bowling machine, and video trivia game (my favorite). No dance floor, no flashy lights, and no pretentiousness this is a place to drink. good selection of bottled beer and also a grill which serves (light and dark), and Genesee Beer (not Cream Ale a.k.a. Green Death). Pitchers of Genesee were reasonably priced (for the Elmwood and Allen area) at $3.75. There's a The sound booth plays an excellentblend of oldies and new wave music. The DJ plays music not often heard in bars (early Elvis rockabilly. The Olympics "Western Movies", the sound booth exhibits a Mr. Ed album a sure candidate for David Letterman's record collection). There was no sign of any Leonard Nimoy albums ... orhishit4s, "Highlylllogical". The best part about the Pink Flamingo is the crowd: it's diverse (one of my research assistants recommended the adjective "eclectic", but that sounds too much like a waterbed sale). The Friday night crowd consisted of college students, neighborhood regulars and suburban new wave "wanna be's" a.k.a. "mall busters" (their outrageous dress is used to rebel against their parents' values, theirinadequate weekly The Pink Flamingo. allowances, and their lack of un- final round of the thirteenth annual Albert R. Mugel Tax Moot Court Competition. The competition was established and is hosted by the University of Buffalo Law School and is named after one of its professors, who is also a senior partner in the Buffalo law firm of Jaeckle, Fleischmann and Mugel. Seventeen teams competed in the preliminary rounds on Thursday and Friday, March 6 and 7. The 13 law schools that sent teams were the University of Buffalo (two teams), University ofCincinnati (2), Albany (2), John Marshall, American Uni- versity, Syracuse University, University of Toledo (2), University of Pittsburgh, Emory University, University of Dayton, University of Baltimore, Western New England, and Ohio Northern. The University of Buffalo's one team consisted of Ann Baker and Brenda Bland, and theother team of MariaLoTempio, David Mineo and Randy Andreozzi. The four teams to enter the semi-finals were from Syracuse, Emory, Toledo and Cincinnati. These teams were selected based on the brief and oral presentation scores. There were no quarter-finalsthis year. In the final round, the team from Syracuse University was respondent arguing off-brief against University of Cincinnati, petitioner arguing onbrief. The two teams argued before a distinguished, panel of five judges: namesake of the competition and University of Buffalo Law Professor Albert Mugel; University of Buffalo Law Professor Louis A. Del Cotto; Chief Judge John Pajak; Special Trial Judge for U.S. Tax D.C.; Washington, Court, Agatha Vorsangu, IRS Regional Counsel, New York City; and John White, IRS District Counsel, Buffalo. The problem, written by University of Buffalo Law Professor Kenneth Joyce, involved IRC drinkers and dancers. The Pink Flamingo (the name is an homage to thetraditional lawn orna- 945 Ellicott Square Building 852-0958 Word Processing Term Papers Resumes Reasonable Rates Quick Returns Student Discounts • • • • • Maybe there is a substitute for §1221, CornProducts, and Win- die. This section and these cases involve the definition of a capital asset. The problem dealt with whether stock purchased by a president of a corporation constitutes property held for trade or business, or for investment purposes. Awards for the competition were given out Saturday night at a banquet held at the Holiday Inn on Niagara Falls Boulevard, Amherst. Best Brief went to Emory University. The second Best Brief award went to two teams which tied, namely the winning team from the University of Cincinnati and the University of Toledo. Winning the award for Best Oralist was Mariann Yevin, University of Cincinnati; Second Best Oralist was Andrew Tracy, Syracuse University; Third Best Oralist was Lynne Chevres, Emory Uni- ■ versity. For anyone who missed the final round on Saturday, it was videotaped and can be viewed in the A.V. Department on the fifth floor of the library. Thurs., 4/17 Wed., 4/23 Mon., 4/14 27:1 LOOK FOR SBA ELECTION SUPPLEMENT MON., 4/7 ROOM 724. OPINION ELECTIONS THURS. 4/10 AT 5 P.M. �Deadline is 12:00 noon. suburb of Cheektowaga) is a great place to have a few beers, people watch, or meet some of the crowd. Just make sure you "don't see nothin'" when you're using the bathrooms. American Secretarial Service, Inc. The Opinion schedule for the 1986 Spring Semester is as follows: REVISED Date of Copy \ Publication Layoutt Issue Deadline* . — 724 O'Brian at 5:00 p.m. Submissions can be placed double-spaced. All articles must be typed office, Opinion Room 724 O'Brian in the manila envelope outside The Hall, or in mailbox 0754. tLayout will be in The Opinion office, Room ment found in the Buffalo limited credit). The lack of a dance floor prevents the usual split between Cincinnati Law School Takes Mugel Tax Title by Rita Gylys On Saturday afternoon, March 8, the University of Cincinnati Law School emerged victorious over Syracuse University College of Law in the Photo by Paul Hnnmor.il .. Subscribe to TheWill Street Journal, and enjoy student savings of up to $44. That's quite a bargain, especially when you consider what it really represents: Tuition for thereal world. II I I I Tbsutecribe,caUBoo-2^l2oo:extw3OtDll-flt& Ormail to: The Wril Street Journal,200 Burnett Road. Chicopee, MA01021 DSendmeoneycarofTheWillStree(Joumalfor»63-a»iMi«ii/«<(# k rrgular subscriptionAfire. D Send me15 weeks for$26. D Payment enclosed Name StudentI.D.# Address City School D Bill me later. Grad. Month/tear State Major i Zip IV«prict.w»»^«l(otiUmilolliin«>rtf«*.l.«<.inchrco«iiK«.Ul.S By|tocint *"^ "^^ your The\^C Street Journal. mlmm mmmm m^^ mt^P: March 26, IMS Th« Opinion m I 11 �Raise Don't say hello when you see me Don't give me your cheap smiles you Bitch An Anthology of Hate if I Died today by tomorrow you'd have forgotten my name (Though I'm sure that if someone mentioned me you'd say how sorry you were And who could doubt it because you're such a And and Please don't ask me how I've been as if you cared When you know that if you saw me in a ditch by the side of the road Nice Person) But I'm not So Don't say hello and Don't ask how Dying you'd only pass by and pretend not to hear my cries Poems by Tommy Dee and Frank Ccc I've been Right Tell Him what a GoodBox you've been all your life Stop all your laughing and give in to Despair Your so-called Friends will do you no good When you're Dying falling in love your , feeling so healthy When laughter was heard I wondered why? 1 was told the truth, which was a lie, Feeling relieved I began to sigh! Barely noticeable, in fact obscured It was quite clear while once a blur. Still, who can know for sure. Sitting around with others viewing a game Claiming to know me they did not know my name. — your Friends, ATTENTION ALL LAW STUDENTS! As your Soul Rotted awax in anticipation of the flesh doing the same Reveling in your achievements While embarrassment is an option It's a little late to be ashamed. Being the case, I will welcome all blame. Thefailing grade has inconspicuously passed the test Though the room is clean some can see the well disguised mess For what is most serious is often spoken in jest Looking in the mirror and Hurting others every inch of the way Show God your transcript when he sends you to Hell Fade Job THE ADVOCATE (yearbook) is now on sale in front of the Law Library. Only $12.50 and chock full of photos of Ist, 2nd & 3rd year students. There is still time left to submit CANDIDS. Drop off pictures from Spring Break at 724 O'Brian in anenvelope withyour name andreturn address byWed.. April 9. CONTEST FOR COVER DESIGN Submit photos, sketches or drawings (Color or Black & White) by Friday. March 28. Winner will receive a free yearbook. Seniors mustreturn all photos to Serendipity, 2256 Genesee St., Buffalo, NY 14211 or you will be charged and not receive your composite. — Longmire continued from page 6 outset. Very few cared thatBernhard Goetz paralyzed Darry Cabey for life. The focus was on poor Craig Allen and Bernhard Goetz. They were under siege by one of them! These evil attitudes clearly evidence our according higher values to the life a white person cused of crimes. Note that this fact does not encompass convictions. Yet, we are all too willing to ascribe guilt to the black per- son, merely because of race. Black individuals are faceless and identified with violence. Hence, the Buffalo media's lack of any attention to Ronald Longmire as a person until well into a trial which occurred almost a year and one-half after the subject incident. Very few cared about Ronald Longmire as a person from the than that of a black person. Racism was indeed at work, at least during the aftermath immediately succeeding the respective events. Because of these prevalent perceptions, one can clearly un- why many were doubtful about Ronald Longmire receiving a fair trial, let alone an acquittal. Perhaps derstand the Spectrum's February 3, 1986 cartoon, which portrayed Ronald as a piece of meat to be fed to a jury of hungry animals, went too far. It certainly did not express any confidence in the fairness of the jury or in the Hon. Julien Kubiniec, the trial judge, or in Paul Cleary, Ronald's attorney. But, the drawing reflected a justifiable lack of hope that Ronald Longmire or any black could be accorded the equal protection of the laws. Fortunately, the outcome gave rise to a renewed hope. The jury and judgeboth worked as diligently as possible to achieve fairness. Ronald, Paul Cleary, and their student-support group fought to present the best case possible and to strive for a just result. And, justice prevailed. The pessimists and cautious optimists were proven wrong. But, they were proven wrong for now. Racism still rears its ugly head in America. We continue to read about and hear of racial strife, for example, in Philadelphia. Apartheid resigns in our own back-yard! This might, in fact, explain why Bernhard Goetz stands unindicted for his very questionable use of deadly force. Until weobliterate completely racial prejudice, the doubts will persist whether justice is truly color blind, let along completely blind. The MBE Is Worth 40% Of The New York Bar Exam JULY, 1983 ££ JULY, 1984 ar 74% P a 4 FEBRUARY, 1983 „ T Took 2,214 P H Passed 1,065 * % 48 Change 5£ *S£ e7, -Ti FEBRUARY, T W Took 2,105 1984 % * 44 P H Passed 940 Cha«e in% Fact: Most Students Who Fail The„ New York Bar Exam .-„«. Tlle MBE! .. -_. -4 That's Why In The Last 10 Years Over 50,000 Students Have Supplemented Their General-Review Course With nmnw* fm/ MULTISTATE SPECIALIST WEST COAST OFFICE 829/2 Via de la Paz Pacific Palisades, CA 90272 MEW YORK OFFICE 450 7th Avenue, Suite 3504 Hew York, NY 10018 (213) 459-8481 (212) 947-2525 EAST COAST OFFICE 211 Bainbrldae Street Philadelphia, PA 19147 (215) 925-4109 NATIONWIDE TOLL TREE NUMBER: (800) 523-0777 The Opinion March 26,1986 12 �SBA Gives Funds To Law Parents Federalists To Sponsor Debate by Peter Scribner The Student Bar Association has agreed to provide $200 in funding for the newly revived Parent Law Student Association. Linda Crovella, President of the organization, requested the funding at the March 19 SBA meeting. The money will be used to help pay for a Pot Luck Dinner planned for April 13, for photocopying material to be sent out to new students this summer along with other orientation information, and for supplying the organization's office in Room 604. This office is apparently used by law students who are parents of infants and need a place to attend to child care needs while at A speakers' forum sponsored by the Law School Project on Canadian-American Legal Issues will feature the lawyers who represented Canada and the United States before the International Court of Justice in the Gulf of Maine Dispute. The 1984 decision by a Special Chamber of the International Court of Justice established the maritime boundary between the two nations in therich fishing grounds of the Gulf of Maine IfIPS Hi school. Also at the March 18meeting, the Black Law Students Association (BLSA) asked for funding to help defray the cost of seven members attending a national conference in New York City. Although the group requested more, the SBA approved the standard $75 given to student groups attending conferences. At the SBA meeting on March 12, John Wiliams requested that the SBA buy an advertisement page in the new law school year book, theAdvocate. As of that date, the Graduate Student Association had bought a half page ad for $125, and the Undergraduate Student Association was considering doing the same. SBA voted to buy a full page ad for $200. This money will be in addition to yearbook funding already authorized by SBA. The comments at the meeting were that since this was the first law school yearbook in some time, the SBA ought to do what it could to insure its success. Following the above expenditures of March 12 and March 19, the SBA still has about $550 in unallocated funds to last the rest of the year. — Georges Bank area. boundary issues for many years before he went to the spectives on Adjudication Before the World Court: The Gulf of Maine Case." (Am. J. Int'l Law, July 1985). Blair Hankey, former deputy agent and counsel for Canada at the World Court, is now Deputy Director U.S. Trade and Economic Relations Division, Canadian Department of External Affairs. He holds a law degree from Oxford University and an L.L.M. from Columbia University. Hankey, as Legal Advisor to the Office of Negotiations of Maritime Boundaries and Resources, was involved in Photo br Paul Hammond . STCpeanIa-ookAlkmrsn ssues World Court to argue the Gulf of Maine Case. - Davis Robinson, a partner in the San Francisco law firm of Pillsbury, Madison and Sutro, was a legal advisor to the United States Department of State and counsel for the United States at the World Court. He is co-author with David Colson of "Some Per- The forum is open to the public and will be held on Wednesday, April 9 at 4:00 p.m. in the Law School Faculty Lounge, 545 O'Brian Hall. It is being supported by the Sea Grant Law Program and the Environmental Law Society. - ents. The debate will be moderated by SUNY Buffalo law professor Charles P. Ewing, whose experience includes juvenile rights issues. - fiS A PUOLIC SERVICE, mSOmLEMAU PRESENTS. r-^ ©EAN CANDIDATE SITS IN WAITING ROOM CHAIR, COMPRESSING BELLOWS AMD POPPING CORK. NOISE SCARES FRAZZLED FIRST YEAR //lA \WWL £ %ZA \\ /s?{TOb|1 \ ffi^ *^L M 1 % P Ul 1 /W^^^S ( S\ j M ¥ \\ V^>/r^K STUDENT, WHO L£APS,bOWERING I FAMILY LAW GRADES. g(||| UDNS-AvUStEO Parents Ulw Assoihllitm. On April 10, 1986 the Buffalo Federalist Society will host a debate between Henry Holzer, professor at Brooklyn Law School, and Harvey Grossman, attorney with the American Civil Liberties Union inChicago. Professor Holzer and Mr. Grossman were opposing counsel in the case of Walter Polovchak, the Soviet boy whose parents sought to take him back to the Soviet Union in 1980. The debate will take place at 3:30 p.m. in the law school's moot court room, first floor O'Brian Hall, on the Amherst Campus of the State University of New York at Buffalo. This will be the first confrontation outside the courtroom between these attorneys and, therefore, the first opportunity for the press and public to confront the important issues raised by the Polovchak case in this forum. It will also provide insight into one of the more curious aspects of the case the involvement of the ACLU, commonly a defender of juvenile rights, on the side of the par- Atfjfr\ / Xg&J ANXIOUS STUDENT RUNS TOWARD / /^\J""| 6RADES, ACTIVAT- ING TRJEADWLUPULLEY SVSTEN\ TU WAS VALVE, JF\__ _ RELEASING RAINWATER. FP^M SEVENTH FLOOR. OF LIBRAR.^P ,J *J 6 fcl r W gT^ fr^TO SPh ■. PARCHED NEW YoRK PRACTICE STUDENT UAPS FOR. GLASS OF WATER.. MOT.OM SCARES PIG EON, RELEASING BOOT, WHICH KICKS SOURMAN REPORT THE PICTURE. OUT OF f% * APOLO6I&S TO HCIB6 bOl\)sE?Jb March 26,1986 The Opinion 13 �m OFF THE 1986 TUITION WHB^J YOU REGISTKFORBAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, MAINE, NEW HAMPSHIRE, OR VERMONT BAR REVIEW. CLASS OF 1986 1986 SIATE SPRING SEMESTER DISCOUNT REGULAR TUITION - 7 1 NEW YORK $875 NEW JERSEY $675 MASS., CONN., MAINE, VT., N.H. $775 YOU PAY ONLY $775 Jk 1 (l(f $575 $675 • —' STATE 1987 1988, & 1989 1987, TO &W REGULAR TUITION NEW YORK $875 NEW JERSEY $675 MASS., CONN., VT., MAINE, N.H. $775 CLASS OF SPRING SEMESTER DISCOUNT YOU PAY ONLY $700 X /jS $500 $600 A *50 DEPOSIT IN NEW YORK NEW JERSEY OR ANY NEW ENGLAND STATE RESERVES THIS PRICE. n _.^A -^ (y>Wu&fl \/ 401 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 A (212)594-3696(201)623^3363 (516) 542-1030 (914) 684^)807 160COMMONWEALTH AVENUE BOSTON. MASSACHUSETTS 02116 (617)437-1171 , 14 The Opinion ,Marc1>26,1986 /*, S^* '/\ *\F f I REMEMBER: THE DAY LAST TO SAVE OFF ™E PRICE IS: J \fr *^V ADL/IJN ML 1 CJDA V <f^ /V T^f Oh, A Tfc¥ ¥VTI? TP/^¥\ A ~\7 \T \ \ �Comics by Chapus Law School Moves every time a music student is car bombed, who gets blamed? We do! Well, just see who has the last laugh now. Today, O'Brian; Tommorrow, Nicara- profitable lecture halls. And an unidentified source at the Office of StudentLife And Fun Things To Do voiced hope that the Sears Law Library would be gua!" turned into a new Student Center. "Sure beats trying to build one, which we probably will never get around to doing No plans for the immediate use of the soon-to-be former law school building were released as of yet by University officials, but one official in the Office of Squeezing Students In Where We Can Fit Them said that the freeing up of O'Brian classrooms will ease the campus-wide shortage of large, anyway." While the Trustees have not yet approved the exact location of the new school, Nathan Bigapel, Chairbeing of the Downtown Location Committee, expects the site will be SCRaT Scorches peaceful. Speakers were enthusiastically received and students frequently broke into st- rains of "We Shall Overcome" and "The Battle Hymn of the Republic." The peace was temporarily disturbed when an illmade Malotov cocktail was hurled into the crowd, although no one was injured when the bottle of Gator-aid stuffed with a lit tuition billfailed to explode. Members of SCRaT indicate that a SCRaT splinter group has claimed responsibility, and Amherst Public Safety have an unnamed first-year student in custody for the attempted bombing. The group claiming "Tuition: responsibility is KIWII," or "Tuition: Keep It Where It Is," which broke off from SCRaT because of ideological differences. Although Tuition: KIWII is ada- mantly opposed to any lowering of tuition, they do not agree with the $2000 a semester raise that SCRaT is proposing. Although the SCRaT protestors themselves were orderly and well-contained, it was expected that some of the more enthusiastic students might take some drastic measures on their own. One SCRaT member handcuffed himself to the law library's newly installed AntiTheft Device. Another established a temporary residency at the Baldy Walkway and Satelite and has gone on an eating spree. When asked why, he replied, "Fasting just sounded too nasty. At least this way I can protest and still eat." The leaders of SCRaT claim that they have "just begun to fight." Now that the weather is Personals continued from page 2 somewhere between Broadway and Washington Square Park in the East Village. When asked if he had perhaps somehow made a terrible miscalculation, that when the Trustees said to move the school downtown, they meant downtown Buffalo, Bigaple, a renowned Rangers fan, snorted, "What the hell you talkin' about? Everybody knows there's only one Downtown! Besides, think of all the commuting time this'll save for most of your students ..." • continued from page 2 improving, they indicate,, the University will be hearing a lot from SCRaT. Planned protests include a sid-down strike which is scheduled for Thursday, March 27. SCRaT requests that at 12:00 noon on that day all students take part in the protest by stopping what they are doing at sitting down on the floor. "We want to look into halls and classrooms, and even the library, and see every student standing up for their rights by sitting down for a good cause. It is actions like this," said SCRaT leaders, "that will make the administration take notice. Right now we're hoping for a personal audience with Steven Sample. If we can get him on our side we should have no trouble getting Albany to give us the tuition hike we deserve." Now Rue Rue has the chicken poxy it was the flu I think she's quite foxy Karen U You work too damn hard! Let's go dance' You know who. Before And I love her too Single while male, mid-20's, seeking neurotic, vindictive bilch for sick, exploitative relation ship. Marriage a possibility. ■ — — First year law student seeks serious relationship with Rusky female. Must not be too itchy and should have nice stereo, like Marabou chocolate, and be extremely flaky Send sloo/y photo to Preppy's box Sabotage part of students in Professor Isabel Marcus' Family Law course (see related stories). According to some reliable reports, students who took Marcus' exam last semester are being detained in 'Room 101' of O'Brian Hall, where they are being brutally tortured by Marcus, in an attempt to extract confessions from those who al- * Nora. Nice tan Qra | Trans admirers. Will the obnoxious people in Grat Trans PLEASE SHUT UP Signed, Unconcerned Students continuedfrom page 2 legedly cheated. Three students were repor- tedly executed after they confessed their guilt, while many others have been reduced to mere vegetables by the systematic torture. "I won't rest until they're all dead," Marcus was overheard as saying. PERSONALS^ ARE HERE! * Each issue you can have your own message printed in The Opinion. Submit this tear sheet to Room 724 O'Brian by Monday, April 14 at 12:00 noon. Message: - MmhW. t«& Jb«PPi"Wl> 15 �SPRING BREAK HAS ARRIVED!!! YOU CAN STILL $AYE IF YOU ENROLL IN THE JOSEPHSON-KLUWER BAR REVIEW COURSE THIS SPRING!! NEW YORK DOWNPAYMENT DISCOUNT* YOUR PRICE $ 50.00 $150.00 $725.00 *DART COUPON DOES NOT APPLY NEW JERSEY DOWNPAYMENT DISCOUNT w/COUPON YOUR PRICE $ 50.00 $100.00** $175.00** $575.00 $500.00 $100.00* *NOT APPLICABLE TO CLASS OF '86 "DISCOUNT INCLUDES $25.00 DART COUPON AGREEMENT , — MUST BE ATTACHED TO ENROLLMENT PENNSYLVANIA DOWNPAYMENT DISCOUNT YOUR PRICE $ 50.00 $100.00* $ 75.00* $125.00* $675.00 $625.00 *DART COUPON DOES NOT APPLY SEE A CAMPUS REPRESENTATIVE TODAY OR CALL US JOSEPHSON-KLUWER LEGAL EDUCATION CENTERS 10 East 21st Street New York, N.Y. 10010 16 The Opinion March 26, 1986 ... / (212) 505-2060 (Collect) (800) 253-3456 (Outside NY) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-03-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/26/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:55:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e083b7f4702f3c8d66d1203f2bdc3bcb.pdf 1a9a74df4f22c50b99eb29eca6121c43 PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 26, No. 11 March 12, 1986 Buffalo Law Review Votes Yes On Affirmative Action Proposal by Paul W. Kullman The Buffalo Law Review overwhelmingly adopted an affirmative action plan on Friday, February 21 at a 4 p.m. meeting held in O'Brian 109. A similar plan had been rejected last year. The plan, which required a simple majority of 32 votes to pass, allows for the submission of a personal statement and the creation of a special minority applicant pool in addition to the Election Referendum Passes by Peter Scribner The next four officers of the Student Bar Association will be chosen in a first ever spring election this April. An amendment to the SBA Constitution which moves the electionof the President,. Vice President, Secretary and Treasurer from the early fall to late spring was overwhelmingly approved in a student referendum March 3 traditional selection criteria of course grades and a written casenote. Forty-one members voted for the plan, which was one of three proposed, while seven voted against it. Fifteen others either abstained or failed to appear for the vote. Editor-in-chief Karen Hassett, who had spear-headed last year's effort, and John Martin, author of the accepted "Proposal B" plan, both expressed their satisfaction after the meeting. "Our policy ensures that there will be minority representation now," Hassett said. "This isn't a give-away program; it's a case of correcting something." Hassett pointed out that there are currently no minority stu- dents on the Law Review, and that records indicate there hasn't been a minority member in about 35 years. "We are looking to make the system fair to people who the system hasn't been fair to," Martin said. "I imagine some people will be upset, but I don't think there will be any dissension within the Law Review, and if there is dissension outside it, well, that's too bad." Under the new plan, course grades and the written case- note will still be weighted "50-50," according to Hassett and Martin. But now, Hassett said, after the initial selection of the top 10 percent of all applicants, "We're going to see if the percent age of minorities who made it is representative of those who tried out or representative of the law school at large." If it isn't, according to Hassett and Martin, the special applicant pool will then be used. To be eligible for the pool, an applicant must submit a personal statement. Currently, the plan does not specifically outline the length or content of such a statement. While Hassett and Martin said anyone can submit.a statement in an effort to opt intothe special applicant and 4. 187 students voted in 22 opposed it. According to current SBA election. Debates between the candidates are scheduled to take place on Tuesday, March 25, with perhaps a second debate between the candidates for President and Vice President to follow two days later. The elections will be held on the Wednesday and Thursday of the week following the spring break. The SBA is considering other changes to its constitution, including an amendment which would specify how to amend the document. Any changes proposed this spring will be presented to the student body for ratification at the April election. Although third year students will not be eligible to vote for next year's officers, they will be able to vote on the constitutional changes. "racial minorities and economically disadvantaged or otherwise handicapped students." According to the plan, a Per- sonal Statement Committee composed of three Law Review members and two faculty mem- bers will then screen the personal statements to determine which applicants are eligible for the pool. Such personal statements are to be anonymous and there is no limit on the number of applicants who may be admitted into the pool. Peter Scribner Members of the Student Bar Association were saddened, shocked and outraged at reports made at the March 5 meeting of allegations of widespread cheating during a final examination last fall and of the lack of explanations by the law school administration as to what is being done about it. In response, the SBA has requested that the administration meet with all the affected students and discuss the situation. SBA President Lori Cohen also announced an open forum scheduled for March 18, where students can express ideas about proper policies, standards and procedures for cases of academic dishonesty. It was quickly obvious from the reports delivered to theSBA that solid facts about the incident are painfully few and rumors about what has and will happen have been flyingabout, unsubstantiated and unchecked, for over a month. The incident involves the final exam given by Professor Marcus in Family Law last semester. The exam was a seven hour "floater," which means that students could pick up the exam on any convenient day during the two week final exam period, and return it seven hours later. 152 students were enrolled in the class. Apparently, when Marcus had completed marking about two thirds of the exams, a student reported to herthat several students who had taken the test by this year's spring elections will be held on April 9 and 10. The new officers will assume office at the last SBA meeting of the semesCohen, ter. Any first or second year student may seek to become a candidate for these positions. Potential candidates may pick up petition forms from the SBA as of March 12. A candidate must have the petition signed by 10% of the first and second year student body. Petitions are due Friday, March 21. In addition, candidates need to submit personal statements to The Opinion by March 17 in order .for them to be published before the for Three of the five committee members must vote favorably upon an application in order for it to enter the pool. Persons will then be selected from the pool according to a percentage equivalent to the number of minority students who entered the competition or who comprise the law school body. The proposal gives this example: "If those eligible for the pool represent 10 percent of their class at large but only represent 5 percent of the students in the Review competition, offers would be based on continued on pn^e 15 SBA WorriedAbout Rumored Scandal favor of the change, while only President Lori Photo by Paul Hammond pool, the language in the plan indicates the pool is designed Professor Marcus ponders exam problem. Photo by Paul Hammond Honor Code an Issue In Wake ofCheating by Dana Young The law school grapevine has yielded rumors of widespread cheating on a Family Law exam given last semester by Professor Isabel Marcus. The exam was given as a floater to a class of approximately 150 students. That is, it could be picked up and taken during any day, M-F, of the two-week exam period. News Analysis It is rumored that several stu- dents complained to Marcus that people' knew what the exam questions were before they ever picked up the exam. There is also the possibility that students may have collaborated on the exam. Both Professor Marcus and Dean Schlegel have refused to comment on the situation at this time. However, Professor Marcus has posted a notice on the grade board in front of Admissions and Records. The notice does not say much other than that exams have been graded and "the allegations of honor code violations in taking the exam have been turned over to the Administration" (specifically. Dean Schlegel). Dean Schlegel has all exams in his possession at this time. Grades are to be withheld until "the adminstration has reviewed the matter." Thus far, no disciplinary action has been taken, though — some students fear the worst large scale fingerpointing and accusations of honor code violations. One rumor has it that the exam will be regiven. Another student felt that not much would come of the situation except a lot of D's and F's. All of this speculation leads to the conclusion that no one knows whatisgoing to happen. Whatever happens, some important questions regarding "floater" exams and the Honor Code, in general, have been raised. In a class of 160 students continual on page 2 early ijn the exam period had passed the questions on to others who picked it up later on. Those students, therefore, had extra time to consider their answers to the/essay questions. The exam was reportedly only two paragraphs long. Rumors that there was an honesty problem with the exam appear to have started when Marcus remarked to a class she is teaching this semester about how some students may have cheated on her last test. Marcus herself was reportedly upset at the allegations, and eventually turned theproblem over to Acting Dean John Schlegel. It was also reported that all of the exams have now been marked, and the grades are being withheld for an undetermined period of time until the situation clarifies. Dean Schlegel and Acting Assistant Dean for Stu- dent Affairs Steve Wickmark apparently conducted have ... continued on page 2 Inside SBA News Alumni Convention Rick James Faculty Candidates 2 .... 3 4 . 4 Apartheid Conf. . . 6 Boy Mechanic ... 9 Student Groups ... 14 .. .and much, much morel �Longmire Benefit Planned; Clubs GetFunds From SBA by Peter Scribner Student Bar Association President Lori Cohen announced at the March 5 meeting that SBA will sponsor a fundraising party for Ronald Longmire at CPG's on Thursday, March 20. Longmire is the former UB student recently acquitted of murder and manslaughter charges following a 1985 knifing incident at Governor Complex. The fundraiser will start at 9:00 p.m. There will be a two dollar cover charge, which will pay for thefirst drink. Other drink specials will be provided throughout the night, according to organizers. CPG's is located on Main St. near Trico. The SBA has not allocated any funds for the event. In other SBA news, a new student organization which plans to set up volunteer law student tutoring has been chartered and funded. Jane Smith, organizer of the new group called the Peer Tutorial Project, said they plan to offer help primarily to first year students. The group wants to recruit tutors this spring so that the service may be offered at the start of next semester. SBA authorized $120 in funding to cover copying and postage costs this semester. The Public Interest Law Center received extra funding from SBA to cover possible printing costs of their law journal "In The Public Interest." The current budget authorized $2300f0r printing. Mary Hurley, editor of the magazine, said that the printer is estimating pub- lishing costs of $2700 to $2800 due to some "costly errors" made last year. She hoped that these unspecified errors will not be repeated this year and that the actual printing bill will be lower than estimated. But just to be on the safe side, she asked arttKreceived $500 to cover potential printing costs. As is the case with other SBA allocations, any money not spent as authorized will be returned to thegeneral fund at the end of the year. SBA had approved $75 earlier for two representatives of the Public Interest Law Program to attend a conference on fund- raising at Harvard on March 1 and 2. The organization plans to hold a fundraising workshop for other student groups when they return. Lisa Roy Barron made the request. At an earlier meeting on February 19, the Association of Women Law Students received $75 to help pay for the cost of attending a conference in Chicago on the weekend of March 20. An estimated 20 to 25 members plan to attend the event, which is being sponsored by the National Conference of Women in the Law. Following these allocations, the SBA still has $830 in unallocated funds, with only 10 weeks remaining in the budget year, acccording to Treasurer Jerry O'Connor. The SBA has also saved a considerable amount of money this year on social events. Due to the new drinking age, area bars are willing to offer very favorable deals on law school parties, most of which have not cost the SBA a penny. The Rules Committee has completed work on several proposed changes to the SBA constitution. SBA members requested that they be given copies of the proposals in advance of their meetings, so that they may consider them more carefully. Action on the proposals was tabled at both the Feb. 26 and March 9 meetings. Any changes will be presented to the1* Student body for approval at the April elections. Since theproposals must be approved by the SBA Board by March 19 in order to be printed in the last edition of The O^iu ion appearing before the April election, action will have to be taken at either regular or special SBA meetings by then. Howie Spierer, Director of the Law Revue, announced that the school has use of the Tralfamadore Cafe for the entire day of March 23. The Revue will start at 4:00 p.m., and students may hang around after it is over. A large number of skits and musical acts have volunteered to perform. A meeting with University Provost Greiner scheduled for March 6 has been postponed until March 17. Law Student leaders wish to meet with him to discuss several matters of student interest. This latest postponement is only the most recent of several delays. The SBA will write him a letter of complaint, with a copy to be sent to local newspapers. A letter from Peter Commerford of the Phi Delta Phi legal fraternity was read at the February 19 meeting. Mr. Commerford expressed interest in reviving at UB an organization called "Danials Inn." He will be invited to address the SBA. Jack Luzier of the Environmental Law Society made a Bylaw 13 progress report of his group at the March 5 meeting. So far this year, the organization has sponsored three movies on environmental subjects, held an environmental law careers seminar, produced an evaluation of the positions of Buffalo mayorial candidates on environmental issues last fall, and sponsored a cross country ski trip. For the rest of the semester, they hope to engage in pro bono legal research, sponsor more field trips and speakers, and set up a bulletin board in the mail room. The group has 15 a&jve members and 25 "passive*' members, according to Luzier. Talks Will Address AcidRain And Other GreatLakes Issues Dr. John E. Carroll, Professor of Environmental Conservation at the University of New Hampshire, and Kellogg Foundation National Fellow will make two presentations on Acid Rain and Great Lakes Issues on Wednesday, March 19. Both presentations will be held in the Law School Faculty Lounge, Room 545,0'Brian Hall. Dr. Carroll will speak on Acid Rain at 10:00 A.M. and on Great Lakes Issues at 4:00 P.M. Dr. Carroll is a leading scholar on United States and Canadian transboundary environmental issues. Among his published books are: Environmental Diplomacy: An Examination and a Prospective ofCanadian-United States Transboundary Environmental Relations (University of Michigan Press) 1983; Acid Rain: An Issue in CanadianAmerican Relations (Howe Research Institute, Toronto) 1982; Canadian-American Relations: The Promise and the Challenge withKenneth M. Curtis (former 2 U.S. Ambassador to Canada and Governor of Maine), (D.C. Heath & Co., Boston) (Forward by Cyrus Vance), 1983. Dr. Carroll has extensive experience on both sides of Cana- dian-American border. He was Senior Project Director at the CD. Howe Research Institute in Montreal where he directed a major project in United StatesCanadian Environmental Relations, which resulted in the publication of a comprehensive study of all major bilateral environmental problems between the U.S. and Canada. He was also a Project Director for the National Planning Association and Canadian-American Committee, Washington, D.C. where he directed a study in the Role of Acid Rain in United StatesCanada Relations. Dr. Carroll has consulted with numerous organizations including: the International Joint Commission (on Canadian-U.S. environmental matters); Environment Canada (on future Ca- Th* Opinion March 12, 1986 nadian-U.S. water problems); New Hampshire Attorney General (on New Hampshire/ Quebec hydroelectricity matOntario Hydro (on achieving resolution of the acid rainelectricity export controversy); EXXON Corporation (on a global acid rain model); and the ters); Brookhaven National Laboratory (on U.S.-Canada energy interrelationships and their environmental implications). Dr. Carroll's experience and depth of scholarship promise an informative and stimulating discussion on Acid Rain, Great Lakes Issues and U.S.-Canadian relations. All are welcome. Or. Carroll's presentations are sponsored by the SUN V Buffalo Great Lakes Program, and the Law School Project on Canadian-American Legal issues. It is being supported by the Sea Grant Law Program and the Environmental Law Society. Anyone with questions should contact the Great Lakes Program, 636-2088. SBA Discusses Cheating. some preliminary investiga- considering tions and are now what action to take. It was reported that the ad- ministration plans to require students who took the exam to sign some sort of honesty af- fadavit. The reports to the SBA were unclear as to what the content of the affadavit would be, what the penalty would be if a student did not sign it, and how the administration could determine if a student had falsely signed it. Due to this lack of information and the possibilities that students may be forced to incriminate themselves, or possibly even be forced to incriminate others, many SBA members spoke of outrage at what they considered a "witch hunt." Jerry O'Connor moved that the SBA officially recommend that no student sign any affadavit. O'Connor tabled his motion, however, as President Cohen announced plans to write a letter to Schlegel expressing stu- dent concerns over the investigation. The letter, which was being prepared as The Opinion wa going to press, apparently will outline student fear and outrage over the lack of information school officials have provided to those students who took the exam. The 152 students involved have heard nothing officially since the reports of the problem test first started circulating over a month ago. Those students have only rumors to go on as to what is happening, and even the most honest student has been living with guilt by association and fear of ramifications of an official outcome. Third year students are especially concerned. With the grades withheld, reports that several students received D's and F's cannot be confirmed. Furthermore, a student convicted ofacademic dishonesty may be prevented by the school from taking the Bar Examination on the grounds of moral turpitude. The SBA letter to the administration also will express concerns that no guidelines defining acts which constitute cheating exist in the student honor code. Hypothetical borderline cases of "cheating" can easily be imagined, especially in a school full of lawyers and Cheating Analysis such as the Family Law course, it is reasonable to expect the na- ture of the exam to remain secret over a two week period? Stu- dents that finish the exam may be prone to discuss it in public, perhaps within earshot of others who haven't taken the exam yet. Another question is whether • continued from page would be lawyers. And in the current controversy, these borderline cases may not merely be hypothetical. Furthermore, the letter will also address what appears to be a lack of formal procedures, procedural standards, and procedural safeguards in dealing with these allegations. The reports received by the SBA present the appearance of an administration uncertain as to how to investigate charges that affect so many students. Unconfirmed reports and rumors suggest that as many as 20 to 40 students may be involved. It would appear that proof of any cheating can only come from admissions and accusations by students themselves. It was reported that all the direct informations received by administrators as of this point has come from confidential statements which will not be used to formally charge anyone with academic dishonesty. In other words, any formal investigation will have to start from scratch. Cohen announced that a forum on academic honesty would be held March 18 in order to provide students with an opportunity to express their ideas about what should constitute cheating. The forum will not involve any of the specific allegations of the current controversy, but rather will involve student suggestions for general academic honesty policies and procedures. The SBA letter will urge that the school take no formal steps to investigate this incident until all thestudents who were in the affected class have an opportunity to meet with Schlegel and Marcus to discuss what is going on. It was thought that student fears of the unknown could be settled at such a meeting, and that students would more likely cooperate with an investigation formulated with their advice. Finally, the SBA letter will voice student concerns that the whole investigation of this incident appears to have dragged on much too long, with little to showfor it. Students, especially third year students planning to graduate in less than three months, deserve more expeditious treatment. continued from page I our honor system is working effectively. Perhaps the Honor Code needs to be clarified and more thoroughly impressed upon students at exam time. These are important issues and should be addressed in the wake of the cheating which may or may not have occurred. TO: ALL FIRST AND SECOND-YEAR STUDENTS FROM: JOHN HENRY SCHLEGEL Applications for teaching assistantships in the Research and Writing Program are now being accepted. If you are interested in applying, please submit a personal statement, resume, transcript and writing sample to the Placement Office, 309 O'Brian Hall, on or before March 28. I According to current plans, we plan to organize the Research and Writing Program in the fall in the usual fashion. About 16 TA's will teach a section of 15-17 students, in coordination with a Civil Procedure section. Although there is a possibility that some teaching assistants may be hired at a later time to teach in the Spring semester, the initial selection is for the Fall semester of 1986 only. The teaching assistantships provide a stipend of $2,400 and a full-tuition waiver for the Fall semester. For more information see notices posted in various places in the law school or seeCleo in the Dean's office. �Tenth Annual Alumni Convocation Addresses Elderly Issues , Honors Thomas Headrick by Idelle Abrams The Law Alumni Association received an overwhelming response to its tenth annual convocation, held Saturday, March Ist. Over 300 people filled the Moot Court Room to hear the panel discuss "Counseling the Elderly: Considerations Outside theWill." The presentation of the Edwin F. Jaeckle Award to former Dean Thomas E. Headrick was made at the luncheon following the convocation. The annual convocation is an expression of the Law Alumni Association's commitment to continuing legal education. The goal of the program is to provide information and skills that participants can make use of immediately. The need for information on counseling the el- tablisheda reputation of having programs that are practically oriented." This convocation certainly lived up to this description. Erie County Attorney Eugene F. Pigott, Jr. led off the meeting with a brief summary of the major considerations in the "Availability of Medicaid: What Assets Can Be Protected and How." After providing some basic details on the benefits available, the eligibility requirements, and the application process, Pigott focused on two special areas spousal support and the transferof assets. Many problems arise such as when one spouse is institutionalized and the other is in the community. The spouse in the community worried — Leslie Greenbaum, UB President Steven Sample, and Robert Keller. Photo by Paul Hammond derly was demonstrated by the response to the program, noted Robert W. Keller, chairman of the convocation. Modern medical technology, while often prolonging life, often does so at great expense. The concern is often that medical care at theend of a person's life will deplete the estate and deny the surviving spouse of a means of support or deprive the children of an inheritance. Attorneys need to become aware of the options available in order to properly advise their clients and lead them through the complex legal and economic maze of managing their resources. The Law Alumni Association, in the words of its president about protecting assets needed for his or her own support can refuse to contribute to the support of the institutionalized spouse, said Pigott. The Department of Social Services (DSS) will bring an action and the case will go to family court, like any other support action. There the court will make a determination of how much the non-institutionalized spouse is going to have to pay. Pigott quoted one Family Court judge who advises individuals, "You better go get a lawyer because I'm going into your pockets." When the institutionalized spouse is the former breadwinner with substantial social security and/or pension benefits. Headrick proudly accepts Jaeckle Award. Photo by Paul Hammond non-institutionalized spouse will have to sue for support in Family Court. This is often a very uncomfortable situation for the family. However, Pigott urged attorneys to advise their clients that it is the "simply placing the dilemma before the court" so that it can make a determination of how much goes to whom. The transfer of assets was a topic that generated much interest. The timing of transfers is a critical question. The "Twenty-four Month Rule" provides that any transfer of nonexempt resources within two years of an application for medical assistance will be considered in determining eligibility. Anything transferred before that time will be exempt from review. Elizabeth G. Clark of Hodgson, Russ, Andrews, Woods and Goodyear, pointed out that because of this rule, "pre-planning is critical." Often the biggest problem, she said, is that the client won't come to the attorney in time to avoid the twenty-four month period of accountability. Clark added that "you should assume the two year rule applies to everything" including exempt property. Even though exempt assets don't apply to eligibility for medical assistance, they will be looked at by the county when considering recovery for expenses from the estate, she added. continued on pane 14 N.Y. Chapter of Matrimonial Lawyers Elects Faculty Member Birzon President Paul Ivan Birzon, a practicing attorney and a part time member of the UB law school faculty since 1963, who currently teaches a section of Evidence, has been elected President of the New York State Chapter of the American of Matrimonial Academy Lawyers. It is the first time in the New York State Chapter's twentyfour year history that an attorney practicing outside the New York City Metropolitan area has been elected to the office of president. The American Academy of Matrimonial Lawyers was founded in 1962. Membership is limited to attorneys whose practice is substantially devoted to matrimonial law, and who are able to pass an entrance examination and meet other criteria required by its national and state charters. The New York State Chapter has 207 members, of whom seven have Prof. Paul Birzon. ~v Photo by Tom Gfctnn become members of the judiciary. There are 1,136 members of the Academy distributed over 43 states and the District of Columbia. Its charter commits its members "to encourage the study, improve the practice, elevate the standards The attorney plays a crucial role in advising the older client of such strategies and ensuring thatall steps taken are indisputarea attorneys told an overflow able within the stipulations of crowd in the Moot Courtroom Medicaid law. Proper counseling can also reduce the chances Saturday, March 1, 1986. that one spouse must liquidate "Counseling the Elderly: Conall assets to meet the health Will" the siderations Outside was the topic of discussion at care needs of another; a situathe Tenth Annual Convocation tion which, sadly, occurs with co-sponsored by the UB Law some regularity. School and the Law Alumni AsAnother issue of increasing sociation. The "graying of importance, the right to dieand the use ofthe "Living Will," was America," seen as having an immense impact on the legal presented by Kenneth F. Joyce. A hotly debated issue in terms profession, was the basis for discussion and debate of issues of ethical considerations, one such as Medicaid eligibility, need only visit a nursing home conservatorship and the use of or cancer treatment ward to see the living will. the benefits such legislation The panel was composed of would bring. Eugene F. Pigott, Jr., Erie Joyce's discussion of the County Attorney, Elizabeth G. some 36 states which recognize Clark (Hodgson, Russ, Ansuch documents provided a drews, Woods and Goodyear), good deal of insight into the isGregory Stamm (Stamm and sues which surround the use of Murray), Thomas P. Cleary Living Wills and do-not-r esusci(Walsh and Cleary) and Kentate orders. Broken down into neth F. Joyce, UB Law Profescategories of the "Competent sor. Patient," the "Previously ComThe presentations on a petent but Now Incompetent number of topics affecting the Patient" and the "Patient Who by Patricia J. Weeks, M.S.W Planning for the protection of assets of older clients is essential, a panel of distinguished Leslie M. Greenbaum, "has es- and advance the cause of matrimonial law, to the end that the welfare of the family and society be preserved." Birzon is a member of Ange, Birzon, Gordon, Rosa & Zakia, P.C., a Buffalo based law firm. Heis a Graduateof City College of NewYork and Columbia Law he School from which graduated as a Harlan Fiske Stone Scholar. He has lectured and published nationally in the field of matrimonial law. He is theauthor of "Evidentiary Problems for the Matrimonial Lawyer," a series of articles published in theFamily Law Review, a New York State Bar Association publication. Birzon is listed in the 'Best Lawyers in America'and in 1985 he was the only attorney in Buffalo selected by Town and Country Magazine as one of eighty-eight Best Lawyers in America, based on a national survey of matrimonial law practitioners. elderly brought to light the enormous role an attorney plays in protecting the assets of the older client. The issues of Medicaid eligibility, presented by Pigott and Clark, stressed the importance of planning ahead to protect life savings and cherished assets to avoid impoverishment following a period of catastrophic illness. Both attorneys offered useful and practical methods of transferring assets withoutviolating the strict guidelines set forth regarding limitations on resources. Many elderly persons spend a lifetime saving for a comfortable retirement and hoping to provide an inheritance for their children. Quite often, however, illness strikes and they watch their savings dwindle away to meet astronomical medical bills. Even more devastating is when one spouse becomes infirm, while the healthy spouse is left with very little to live on. Only recently has the focus been on planning ahead to avoid such impoverishment. The "Twenty-four month rule" for Medicaid eligibility, makes such planning more critical. Stating that "The uncompen- sated value of any non-exempt resource transferred within 24 months prior to the date of application shall be considered in determining initial or continuing eligibility for the applicant or recipient," the twenty-four month rule removes any possibility of protecting assets once illness occurs. The only way to circumvent this restriction is to begin to transfer assets early and to document the reasons for transfer so that they may stand up to the scrutiny of the Department ofSocial Services. Has Always Been Incompe- presentation the tent," examined the decisional law surrounding the termination of life-sustaining procedures. Joyce's clarification of situations which allow for the termination oflife support was useful for those wrestling with ethical and legal implications of such actions. In his recommenda- tions for the use of advance medical directives, Joyce urged specificity, proper witnessing and frequent review in order to avoid question as to the document's authenticity. Often, medical personnel are at odds in dealing with such requests. By assuring proper advance documentation of thepatient's wishes, such confusion can be avoided. The information presented at the seminar will be useful for attorneys and health care professionals alike. The complexities of third party payments, Medicaid eligibility and the protection of assets are often far and above the understanding of many clients. By expanding one's knowledge of such programs, an attorney can help the older client to use the resources available to them to their benefit. Cleary summarized the focus of this seminar by stating, "One message must come through loud and clear to you, that is, it is very important to get out to your client as the years come upon them and to get to their families so that planning may become the true answer to the of assets. preservation Lawyers, quite frankly, must make a bold move. 'Don't wait!' is my recommendation; go out to your clients and insist upon them making some plans." A Correction In previous issues we have misspelled Dean Candidate Louise Trubek's name. The proper spelling is Trubek, not Trubeck. Mtech-fetWP' TtW.«W*>n 3 �Faculty Candidate Offers A Package Deal by Idelle Abrams On Friday afternoon, February 21st, faculty candidate David M. Trubek fielded ques- tive jobs that "have simplified life," offering a lighter teaching load and the availability of support staff. Underlying these tions from students that covered the various interests of his legal career including law in third world countries, civil litigation, empirical research on the administration of the legal system, and a discussion of the legal realist poistion and the school of critical legal studies. Trubek, currently the VossBascom Professor of Law and the Director of the Institute for Legal Studies at the University of Wisconsin Law School, was applying for a faculty postion, because his wife, Louise Trubek, may be a final candi- practical advantages, however, Trubek expressed a strong commitment to the dual responsibilities of a professor to date in the search for a new dean for this law school, said Trubek. He wanted UB to have a chance to interview him so that "if they want (Louise) for the deanship, they can also simultaneously offer me a job." When asked what would happen if the university offered one Trubek a job and not the other, he candidly responded, "We're a package. We stay together." Trubek, a prolific writer, received his LL.B. from Yale Law School in 1961 and was Note and Comment Editor of the Yale Law Journal. He credits his productivity to the fact that he has held a number of administra- both write and teach. "In the long run, the answer is that writing and teaching are mutually supportive. I think people who think changing the students, because all [the students] are getting is stuff you can buy in the bookstore." This is not to say, added Trubek, that there aren't ten- sions in the short run, practically speaking. The problem generally is to find therelatively sustained periods of time required for writing. Institutions should recognize these tensions, said Trubek. Currently, Trubek's research and teaching interest is to integrate empirical research done on civil litigation, as it is actually happening in the system, with teaching civil procedure. "I wanted to build into [teaching civil procedure] a lot of issues that are also salient issues in empirical research." These issues include the role of judges, the economics of bargaining, the role of alternative kinds of legal techniques to use when a suit involves a long-term, continuing relationship. said Empirical research, Trubek, is a relatively new thing outside the criminal justice area. He has, however, "devoted about half [his] energies over (hisjeareerto empirical re- search." This research has explored the administrative end of the legal system, explaining what is happening and what the problems are in this area. homily candidate David Trubek. Photo by Paul Hammond legal arrangements in the busi- ness and financial worlds were affected by changes in the attitudes of lawyers, and how it all related to the project of political democracy. He found a basic tension existing between programs to make law more instrumental as a technique for economic change and the idea of using law as a protector of human rights. Out of this experience developed one of the first big problems connecting law with social science research, which Trubek directed.At the time anthropologists were the only people in academia who knew When asked what would happen if the University offered one Trubek a joband not the other, he candidlyresponded, "We're a package deal. We stay together ." Previous research interestsof Trubek's include the exploration of the relationship of law and social change in third world countries. Most of his work in this area was done in Brazil, where he lived from 1964 to 1966. He was in Brazil as the internal lawyer for the United States Agency for International Development Mission to Brazil. Trubek became intrigued by economic change and how the anything about law in third world countries, said Trubek. anand lawyers The thropologists developed an ongoing dialogue and ended up talking a lot about the legal system in the United States. "A lot of thinking about alternative dispute processing came out of that program," said Trubek. Trubek has maintained his ties with Brazil. This past summer he spent a month there relationship between changing teaching "New Developments in Socio-Legal Studies in the United States." Describing the legal realist position, which he called "one of the major jurisprudential developments of the twentieth century," Trubek said, "there is frequently no authoritative legal answer that determines and conclusively closes an inquiry as to how a case should come out." There is no definitive set of rules, he said, that will necessarily come into play in complex cases. Trubek believes this position "to be a reasonably accurate objective statement about the situation in most complex areas of law." Facts are constructed, to some degree, with an eye to a purpose and rules are multiple. For any given situation "authoritative sources speak with a forked tongue," said Trubek. When asked about his membership in the Conference Critical Legal Studies, Trubek responded that what he gets out of it is the "realistic recognition that law is something we do every day. It is humanly constructed, humanly preserved and maintained" It is undesirable to give it a false sacred quality, he said. "It's a daily construction of social reality, meaning and power that we all share in. People who get involved in it have to be aware of their values." S. Clara Gets Dean Harvard Grad Seeks Position by Jeff H. Stern The University of Santa Clara School of Law appointed a new dean January 23rd, after a yearlong search which saw the school's dean search commitcandidates from across the nation. The story was reported in the February edition of The Advocate, the law school's monthly stutee interview 91 dent newspaper. Gerald F. Uelman, formerly an associate dean of Loyola Law School in Los Angeles, will assume the deanship of Santa Clara Law School in July, 1986. Uelmen replaces George Alexander, who officially resigned last August after 15 years as dean. Alexander was one of the four candidates who interviewed for the position of dean here last spring. None of the four were invited to return for second interviews. Uelman, 45, has taught courses in Evidence, Criminal Law, Civil Procedure and Lawyering Skills at Loyola for the past 16 years. He was the Assistant United States Attorney for the Central District of California from 1966-1970, in which capacity he was involved in the prosecution of organized crime defendants. He is also a frequent contributor to numlegal erous periodicals, mostly in the areas of criminal law, drug abuse and legal history. Uelmen, who received his J.D. and LL.M. from Georgetown Law School, has a reputation for raising law school admission standards, reducing enrollment and toughening grades, the Advocate article said. Atkn ncSUMt SPECIAL! MuMTIT om^ FOR STUDENTS HrtiESe) & FACULTY With this ad.. PACKAGE OF 50! Includes 1 pg. resumes 11, •• Typeset 50 Matching Blank Sheets • 50 Matching Blank Envelopes (B'/zx igr NOW black ink) §gE9§ CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE — SAVE $5.00 NOW Expires 4/30/86 Save this coupon. Serving North & South CampuMSl 1676 Niagara Falls Blvd. 3171 Main Street Tonawanda, N.Y 14150 Buffalo. NY 14214 834-7046 4 The Opinion March 12. 1986 835-0100 by Amy Sullivan John J. Donohue, a faculty candidate recently spoke to the UB Law School students on his hopes of continuing probono wofk if he should become a member of the faculty. "I have done much pro-bono work, and there are still a number of things I am interested in pursuing," he said. Donohue, a graduate from Harvard Law School, is presently a fellow of the Yale Law School in the civil liability program. He teaches a seminar on the economics of race and sex discrimination. Donohue has also been involved in handling many death penalty cases. He believes "the death penalty doesn't deter crime, and the justification of satisfying the need for vengeance doesn't outweigh the dehumanizing aspects." Donohue has done much work in this area including producing many publications, giving addresses and doing pro-bono work. As far as teaching goes, Donohue believes that he would have much to offer students. "As a teacher getting up in front of a class several days a week, I'd feel awful if I didn't do a good job. Being someone who has ran for public office, I've spent a lot of time trying to at least sound interesting." He added that "law school is not the gold.mine it once was. The bottom line is putting out a good product; a good interesting student is what counts." Protecting Property, Using Talent; Goals of Entertainment Lawyer by Paul W. Kullman Protecting your client's intellectual property rights while simultaneously helping your client exploit his "creative juices" are the two major functions of an entertainment lawyer, according to Buffalo attorney Irving Shuman. Shuman, along with client and recording artist Rick James, told a group of about 75 students that "integrity" is also an important concept to remember when practicing in the entertainment lawfield. "That's the key word in the whole thing," James said. "It's what keeps me with Irv." The two provided their insights into this growing area of law during a discussion sponsored by the Entertainment Law Society at 7 p.m. on Wednesday, March 5 in O'Brian 109. Shuman was slated as the lone speaker, but James made a surprise appearance, much to the students' delight. Shuman said during the limited time most entertainers are in production, "They will generate a lot of incomeand you have to help them hold onto it so that Rivorilliix wiisi Rhl. James mid Attorney Inliifi Shiiniiin. they can be secure in the fu- ture." An attorney also has to help his client "shop around," according to Shuman, "because every year or month they give up when they sign a deal, they're giving up a big opportunity somewhere else." He said when someone tries to tie an entertainer up for a period of time, "You try to make the length of the deal contingent upon the artist's success." While Shuman had no prior Pfmto by Paul Htmmond experience in the entertainment law area before hooking up with James in 1978, James said Shuman "commenced" to learn the law. "And in a year's time, he pulled me out of a million dollars in debt to a million dollars on the books." Shuman, who met James through one of his clients, said when an attorney is dealing with artistic people, "You have to be especially sensitive to your client's needs and you continued on ptige 15 �Leary Leaving To Accept Human Rights Chair by Melinda Schneider Dr. Virginia Leary is taking leave to accept a one year chair at the University of Saskatchewan, Saskatoon, Canada for 1986-87. The Ariel Sallows Chair in Human Rights in an endowed chair, of which the primary focus is to provide an opportunity for the holder to undertake research in human rights. In addition to doing research and writing in her field. Dr. Leary will be offering a seminar on human rights and giving a public lecture at Saskatchewan. The invitation is an honor, but more importantly for Dr. Leary it will enable her to concentrate on her particular field of interest. Most teachers have responsibilities in addition to their classes, which in her case includes working on the Appointments Committeeand the Dean Seach Committee. The chair in Saskatchewan will allow her the time to continue doing research shehasalready begun in two aspects of human rights: economic and social rights as human rights, and the development of a program implementing human rights in Asia. Dr. Leary has already traveled to, and written on SriLanka and the Phillipines. She is interested in how Asians perceive human rights, and in the institutions which they are developing in that area. She is particularly interested in the question of labor under the economic and social' rights aspect of her research. Dr. Leary has also long been interested in Canada and will now have a chance to live there for a time. She is currently teaching a seminar on dispute settlement in U.S./Canadian disputes and has worked on a campus-wide committee on Cana- continue for Dr. Leary a direction she began to take many years ago. She grew up in Utah, went to the University of Utah as an undergraduate, then studied law at the University of Chicago. After law school she worked for Sidley and Austin for three years, a firm which is now one of the ten largest in the U.S. But she was always extremely interested in international questions and there were no international courses at that time. So she quit practicing law in pursuit of international in- dianstudies. Another benefitto her at the University of Saskatchewan is that they have a Native Law Center which deals in Indian and Eskimo studies. The temporary move will terests. She started working for a private organization that did intercultural and community work, Prof. Virginia Leary. Photo by Paul Hammond traveled all over the world for them and eventually ended up working in Geneva, Switzerland. She decided to combine lawand her international career and returned to school for a doctorate in international law in Geneva. She did course work for her doctorate and then worked for the International Labor Organization, a specialized agency of the United Nations. She decided to teach international taw in the United States and got an opportunity to come to Buffalo in 1976through previous international law professor Thomas Burgenthal. Dr. Leary's special interest has always been in human rights and in developing countries. She has lately been concerned with dispute settlement and is active with many human rights organizations. She stressed, however, thatthis opportunity is clearly a one year enterprise and she will definitely be returning at the end of the year. The law school is currently trying to find someone to teachthe international courses whileshe is away. Corporate Flight TopicFor Labor Conference by Craig Atlas On Saturday, April 12, an allday labor conference will be held in the Moot CourtRoom in O'Brian Hall. The conference will focus on the problem of the flight of jobs and industry from the U.S. to abroad, focusing attention on the movement of jobs from the Northeast to the Texas-Mexico border. This problem is of particular interest to Western New York because of the recent decision of Trico Products Corporation to relocate most of its operations to Texas and its labor intersive assembly to Mexico. The conference will discuss the Maquiladora program, which makes it attractive for firms to locate along the Texas-Mexico border. U.S. tariff policy encourages the development of U.S.-owned plants in Mexico. These plants import raw mate- Seton Hall Grad Speaks atLuncheon by Amy Sullivan Thomas Hartnett, the Director of the Governor's office of Employee Relations, believes that the number of times he uses his formal education obtained at law school is quite small. Harriett discussed his role as director at a lecture presented by The JaeckleCenter For State and Local Government Distinguished Speaker Series. He is a graduate of Seton Law School, and has held the position of Director since 1983. Prior to that he has been with both the union side and the management side of New York Telephone. Hartnett explained that the NewYork State office is the Bth or 9th largest employer in the country. There are about 190,000 employees, 8 unions and 10 different bargaining units. These units have common areas of interest in terms of issues and in terms of types of work performed by the individual companies. Some very large units, such as the Civil Service Employee Association have over 100,000 employees." "My office negotiates with those 8 unions, and very few employees are outside these unions," said Hartnett, adding, "The only people outside these unions are management, the confidential folks in the state government." Hartnett explained, "Looking at a typical company, their managerial to unionized employee ratio is significantly different than ours, we have basically 15,000 out of 190,000 who are not in unions. We periodically go put in legislation to try and get the managerial class expanded, without much success. We obviously have some fairly strong law lined up opposing that legislation." Hartnett's office determines on a unilateral basis what the rights of management will be and then he will negotiate with these unions. Hartnett himself has been with both the management and the union side of N.Y. Telephone. He started as an hourly craft workerfor N.Y. Telephone Co., as well as being a local steward. He then became a local president of Local 1101 for the CommunicationWorkers of America for six years. After a major strike he moved to the management side arguing against his former colleagues on the union side. Hartnett noted that, "There are enormous opportunities on the union side, as well as the management side in this area." A union background, if you want to go on to arbitration, mediation, anything in the neutral area is a great credential to have, it also gives you the ability to approach issues by putting you in the other guy's shoes." rials and parts into Mexico duty-free, assemble them into finished products using cheap labor, and then export the goods back to the U.S. dutyfree. The conference is being cosponsored by a variety of law school and community organizations, including the National Lawyers Guild, the Buffalo Labor Relations Society, and theCornell University School of Industrial and Labor Relations extension service. Funding from the MitchellLecture Committee of the law school is cur- rently being sought. A little bit A little bit In addition to explaining how the Maquiladora program works Mexican governmental officialsand U.S. economics experts are being invited to give their perspectives. A spokesperson for the New York State government is also expected to discuss the impact on New York's industry and workers. The conference will also include a discussion of the human impact of the Maquiladora program by describing Mexican laborrelations and social conditions, particularly this type of development's adverse impact on women. Finally, rep- moved to Texas and to Mexico, without much success, and has since moved back to Detroit. This conference should be a major event. There will be no admission charge. All are invited to attend. We expect the conference will be of interest to many members of the community as well as to students and faculty of the law school. Anyone who would like to help should contact Paul Wessel, box 266, Kate Barth, box 11 or Lionel Rigler, box 740. of this . . . of that ... The Central Park Grill "A real bar and grill" °k>S*f od^ -vPv"* __ I JAM With this ad get one single order of wings free when you purchase one single order of wings. limit one per customer —-» friday V-^^ *&S> *)</ 1 'gA,, 7^*fft^. °% FISH FRY $3.95 i_i_M_M_Mj_M_ixj-M_rxrnj~Lr*M~ij**M~u~ij"^ American Secretarial Seasoned To Fit Your Taste • • Student Discounts • Quick Returns G Cm 2519 Street 945 Ellicott Square Building 852-0958 Term Papers Word Processing Reasonable Rates Resumes resentatives of the Lionel Train company and union are being invited to tell their story. Lionel Main mCHEN Open TILL 2A M : March 12. 1988 Th* Opinion 5 �Apartheid and South African Policy Discussed by Krista Hughes "Apartheid and Law" was the topic of an informal lecture given by Gerald C. Home on Feb. 24. Mr. Home, Director of the National Conference of Black Lawyers and Professor of History on leave from Sarah Lawrence College, dealt both with apartheid as it exists in South Africa and with how South Africa's policy of racial discrimination is becoming an issue in American courts. Professor Home began his discussion with a definition of apartheid, saying, "I think it would be most appropriate to analogize apartheid, not so much to the Jim Crow system that arose most sharply after the Civil War in the United States, but more so to the system of slavery." Apartheid is a "system of government established to enforce inequality, exclusions, restrictions, limitations, on the grounds of race." In South Africa the 73% black majority is denied all participation in government, a denial which is supported by South Africa's revised Constitution of 1984. The Constitution "is on its face a violation of international law's norm of self-determination under which all people are to participate in the body politic." One way in which South Africa's government denies the black majority its political and human rights is through the policy of forcible relocation of black South Africans. Many blacks live on "homelands" or "black spots" which are areas of land owned and developed by blacks but which are sur- ... rounded by white-owned land. These "black spots" are desired by the South African government for conversion to exclusive use of whites. To do this the government removes blacks from the homelands without due process and "often at gunpoint," and forces them to live on Bantustans, "barren areas where the land is not arable, the land is desolate, and it declares these Bantustans to be independent, and therefore strips blacks of their South African citizenship in exchange for citizenship in the Bantustans." This form of quirement for probable cause before arrest, no guarantee of counsel, and there is an ever-present possibility of "indefinite incommunicado detention without charge or trial. In addition, the writofhabeas corpus does not exist for blacks or whites in South Africa be"security legislacause citizenship is not recognized by any government except for the government of Pretoria. Over 300,000 "black spot" residents were relocated to Bantustans between 1970-79, and over 3.5 million have been relocated over the past 20 years. Mr. Home discussed several South African statutes which further the purposes of apartheid by denying blacks their rights. One is the "Black Act," No. 67, of 1952, which requires "all black adults to carry passbooks which document their legitimate presence in white areas." The "Black Act" is a form of "influx control" and it is strictly enforced. In 1982 alone over 26,000 pass law arrests were made. Another way in which the government strips the black majority of its rights is by the Internal Security Act of 1982. Section 28 of that act "permits indefinite detention of any person likely to commit an act endangering the maintenance of law and order." There is no re- .. Letlurer Gerald C. Home. Photo by Paul Hammond [provides that] acts of tion Parliament are supreme, or not subject to interpretation or invalidation by the courts." Besides depriving blacks of legal rights, several acts work to place South Africa's black majority at the mercy of the South African Defense Forces (SADF) and their special police units. The South African Defense Act, No. 44 of 1957 "gives security forces immunity in advance from criminal or civil responsibility for any act carried out in good faith." Mr. Home illustrated this point by suggesting that if he were giv- lecture in South Africa the police could come in "believing in good faith that (he ing the same was] counseling insurrection against Pretoria authorities," and be legally justified under South African law in "mow[ing him] down." advocates Rights Civil worldwide have criticized the gross abuses of authority displayed by the SADF, but within South Africa there is little they can do to publicly denounce it. South Africa's government has prohibited the publication of any untrue statement, and has placed the burden of proving the truth of any statement upon the person making it. A similar policy exists in preventing the exposure of the use of torture by government agents. All allegations of torture must be accompanied by detailed sworn affidavits. Section 217 of the Criminal Procedure Act of 1977 "practically invites security officals to use torture in extracting confessions because a written confession produced at trial raises a presumption that it was freely and voluntarily made." One final way the South African government oppresses the black majority is through the practice of banning certain organizations, "individuals, gatherings or publications." Between July 1982 June 1983 over 900 publications and films were banned because they were "possibly prejudicial to the security of the state." The government has also banned all outdoor political gatherings. As a result, dissent may only by expressed publicly at funer- - TODAY Free Pizza & Free CPLR Books Reception Sponsored by: JOSEPH L. MARINO, JR. 12:00 - 1:00 PM 3:30 - 4:30 PM 6 The Opinion March 12, 1806 — Room 212 — Room 109 als because they are the only form of allowable gathering. Funerals are not, however, immune from police intrusion, and are often the site of violence and more death. Individuals are also subjectto banning by the government under an Executive Fiat of the Internal Security Act. Banned individuals may not speak to more than one person at a time, must remain in certain prescribed areas, and may not be quoted in any publication. Although apartheid is a system which exists within South Africa, Profs... Home indicated that Americaq^courts are now being asked to deal with the policy. One specific case is currently in litigation in New York. It involves Barry Martin, an Afro-American dancer whovisited South Africa in 1983. While there, Martin and a white companion were involved in an automobile accident. An ambulance came for Martin's friend, but refused to take Martin because of his race. As a result, Martin was forced to wait at the accident site for a black ambulance, a wait which has left him a quadriplegic. Martin is bringing a $130 million tort claim against the government of South Africa and against Transvaal Hospital Services on the grounds of discriminatory medical treatment. This type of claim presents many problems for American courts because all of the tortfeasors are in South Africa and are potentially protected by foreign sovereign immunity Prof. Home discussed continued on page II �HispanicsOn The Rise In The Legal Profession by Wilmer Rodriguez Nunci A discussion of Hispanics in the law cannot be had without acknowledging the fact that the term "Hispanic" defines a heterogeneous rather than a homogeneous minority community in the United States. Hispanics, for the purposes of this article will refer to the Spanish-descended people residing in the United States of America. According to the 1980 census, the Hispanic population in the United States was 14.6 million comprising 6.4 percent of the entire U.S. population. More than 60 percent of these 14.6 million Hispanics reside in California, Texas and NewYork. The census probably missed about 2 million more and did not count somewhere between 5 and 6 million undocumented workers. Add to this the 3.6 million Puerto Ricans on the Island of Puerto Rico and the total Hispanic population under the direct sovereignty of the United States is in the neighborhood of 25 million people. Despite the differences of opinion, some more friendly than others, Latino lawyers are finding common ground in their professional groups. The dichotomy of common ethnic heritage and tremendous diversity within the ranks of Latino attorneys is perhaps best reflected in the Latino or Hispanic Bar Associations and the fact that more than one exists. Perhaps one of the most readily identifiableassociations targeting Hispanic attorneys is the La RJaza Lawyers Association of California (LRLAC). Founded in 1972 by California Supreme Court Associate Justice Reynaldo Cruz Reynoso, then the head of the California Rural Legal Assistance Foundation, and Mario Obledo, the national president of the League of United Latin American Citizens (LULAC) and former director of the Mexican American Legal Defense and Education Fund (MALDEF). Though founded as a national organization, LRLAC's national entity moved East. Now sporting a new name, the Hispanic National Bar Association (HNBA), it is returning to the West, with about 3,700 members nationwide. The founding of organizations such as the ones mentioned above marks an important moment in the history of Hispanic people in the United States. It signals the end of one era characterized by gross urv derrepresentation in business, politics and the arts, and the beginning of another. It evokes images of crossing over from old ways to new ones, of a people coming of age or perhaps even a resurrection. The HNBA's Decennial Convention On September 5, 1985, the Hispanic National Bar Association staged itstenth annual convention at the Vista International Hotel in NewYork City. On this occasion I had the opportunity to attend seminars, make professional contacts and speak to various Hispanic attorneys and guest speakers. The following is a compilationof excerpts of informal conversations held between myself and Hispanic law students from Temple University andC.U.N.Y. law schools and the leaders of various Hispanic Bar Associations. I deem it important to include these excerpts in order to relate the sense of purpose and direction that enveloped the atmosphere of the convention. When asked what is the purpose of a Hispanic Bar and is there really a need to organize along these lines, Ms. Mari Carmen Aponte, a former HNBA president and partner at Peha and Aponte of Washington, that "the HNBA linkslocal associations in D.C., responded most major cities." She stressed that the organization is not directed to any particular nationality, and explained the impetus behind the organization. "There's a tendency to lump all Hispanic attorneys into one category. The fact is, we are composed of all different groups: the Mexican Americans in the Southwest and West Coast, the Cubans in the South and Puerto Ricans in the East. Often we have divergent perceptions of what our needs are and how to deal with them. The organization primarily pro- vides a forum for discussion." Robert Mendez, the president of HNBA's Los Angeles chapter and in-house Counsel for NBC emphasized that "whatever its members' needs, HNBA has as its focus the concerns of the community, including problems in education, the criminal justice system, employment and access to government." As he sees it, local bars tend to be more effective organizations. "They enjoy the ad»antage of members in one area, meet on a regular basis and maintain an agenda with ongoing issues. The problem the national organization faces is that members are all over; directors are all over, too. Our ability to devote energy to some issues is diminished; we must economize our efforts. Otherwise, we can't accomplish an- thing." According to Jose Medina, the president of the Cuban American Bar Association (CABA) in Los Angeles, "One of the major goals of CABA, is to have a Cuban American Judge appointed and to link with Florida's Cuban American attorneys." The Mexican American Bar Association (MABA), also based in Los Angeles, claims a membership of more than 500. MABA president Jaime Cervantes outlined the organization's goals as "ensuring that the rights and legal procedures appropriate to a situation are given to Hispanics, educating and supporting Hispanic attorneys and working within the community to develop its wel- fare." MABA and CABA both share the goal of helping the Latino community, with perhaps a slight emphasis on their own people. Mr. Medinapointed out that since the overwhelming majority of Hispanics in Los Angeles are of Mexican American ancestry, "It's hard for Cubans to be comfortable." Mr. Medinaalso pointed to at least one basic philosophical difference between the two groups. "Most Cuban Americans are very conservative and very Republican because of the Cuban Revolution. On the other hand, Mexican Americans are liberal and progressive because of their connection with the reform movement in Mexico." Do the Hispanic associations pull together? The leaders say yes. Ms. Aponte said of the HNBA, "The organization is still in its formative stages, so divisive issues haven't arisen yet, and I don't expect them to. We have so much in common that we need to have a consensus. The problems are too many to start arguing." The Mainstream Bar With respect to the Mainstream Bar, the American Bar Association'sBoard of Governors has established a nine member Task Force to study . problems faced by minorities in the legal profession. The Task Force will be in existence for 18 months, terminating in February of 1986 with a budget of $99,995. Their mandate is to ultimately formulate a report and recommendations as to action which the Association, or others, should take regarding the problems facing minority lawyers and their integration into the profession and the organized bar as well as the problems facing the minority bar as- sociations. The proposal for the Task Force was submitted by the Young Lawyers Division, the Section of IndividualRights and Responsibilities and the Standing Committee on Bar Activities and Services. The key issues to be researched are: a) Legal Education and Admissions to the Bar b) Professional Employment Opportunities and Career De- velopment c) Judicial Selection and Judicial Clerkships d) Bar Association Involvement In May of 1981, the National Instituteof Minority Lawyers released a report decrying the status of minority lawyers. Subsequently, this report, along with various other articles gave rise to the formation of the ABA's Task Force on Minorities in the Legal Profession. The that report confirmed minorities are still not rep- resented in the profession in proportion to their share of the population and more importantly, are underrepresented in many important sectors of the profession. In short, minority lawyers remain on the fringes of the pro- fession. Unless and until they are the brought into mainstream of the profession, special interest bar associations will continue to spring up and flourish, further polarizing the profession, and the American Bar Association will continue to do without the energy, creativity and commitment of so many talented minority at- torneys. If lawyers hold themselves out to be thedefenders and pro- tectors of liberty and justice, how can they hope to fulfill the idealof equal justice in a profession that continues to exclude minorities? The Need For Hispanic Lawyers I am of the mind that being Hispanic should not relegate an individual to a one track legal system. Hispanics are Americansand as such diversify their interests in every category of law. I am sure that there is a general consensus of thedesire to see the unity of the Mainstream and Minority Bar Associations. However, as long as theneedfor support and networking exists, and as long as there is a certain degree of societal discrimination against Hispanics, that unity will just have to wait. The Hispanic Bar will be called upon to shoulder a leadership role. Hispanic attorneys are visible professionals in their community. Persons who have not been as fortunate as them, who are not gifted or articulate, look to them for leadership. As in the past, Hispanic lawyers will be called upon to speak for the special interests which may only be known or understood by them by reason of their origin. It was an active Hispanic Bar that has prompted Republican and Democratic administrations to appoint Hispanics as judges, such as the Honorable Ricardo M. Urbina of the District of Columbia Superior Court who was the first Hispanic judge appointed by President Ronald Reagan. Hispanic organizations will have to continue to ensure that Hispanics are represented at every agency and at every level. For example, Henry Rivera, appointed to the Federal Communications Commission, is the first Hispanic to be appointed a Commissioner at that agency in its 55 year history. The Honorable Patricia Diaz Dennis is the first Hispanic and Woman to be appointed to the National Labor Relations Board. The Bar needs to be further integrated. A legal community reflective of our society dispels a notion of a caste system and ensures the loyalty of the citizenry as a whole. A more di- versified bench ensures greater faith in the fundamental fairness of our laws and in the administration of justice. In summary. Hispanic lawyers and judges are not only beneficial as role models to the Hispanic community, but to the nation as a whole. Violence Against Asians Widespread in '80s by Carol Ho Rezvani In 1854, Asian-Americans were prevented from testifying against Whites in court. In 1860, Asian-Americans were sent to segregated public schools. In 1882, Chinese were forbidden to migrate to this country and were excluded from certain professions. In 1922, JapaneseAmericans were prohibited from owning land and from becoming naturalized citizens. In 1942,Japanese-Americans were forcefully uprooted from theirhomes and were forced to unfairly endure an average of thirty months behind barbed wire in midwest United States because of what a recent court decision in Korematsu v. U.S. (1944) and federal commission have recognized as racial prejudice, war hysteria and the failure of political leadership. In 7966, some states prevented Asians from intermarrying with other races. Today, many Asian Americans work in sweatshop conditions, live in substandard housing, and are denied equal access to government's benefits. "They" continue to force discrimination based on race, sex. national origin, immigration status and language .ability. "Go back to China. I kill you." yelled by a gang cf white youths who attacked three Vietnamese in SouthBoston on May 25, 1985, as recalled by a victim. Hung Hua. "We don't want you herel" yelled by a gangof white youths who attacked fourCampucheans in East Boston two days later on May 27, 1985, as recalled by victim Sarann Phuong. "Why don't you let me go, he — — was only a g00k... I only hit him once. The niggers love to come down here and lock us up for this shit." yelled by R.G., a minor arrested by several Boston police, including one black officer, for assaulting Kiem Ho in Savin Hill in August — 1984. After the July 1983fatal stabbing of Anh Mai in Dorchester and the wounding of three other Vietnamese refugees by a 19 year-old white Marine, a group of white youths were asked by a CBS TV. crew why neighborhood residents were harassing the refugees. On national television, they replied: A: "They don't like chinks." Q: "Why not?" A: "They're not white." Q: "Why is that bad?" A: "It just is." The same summer, a Vietnamese family was forced to move out of its house on Melbourne Street, Dorchester, the same house that had been fire bombed in 1982 when three blackfamilies were living there. "I will get revenge. If I can't kill the Vietnamese today, I'llkill them tomorrow; if I can't kill them tomorrow, I'll kill them some other day. " yelled by Eric Johnson after beating Hieu Van Ngo until he was unconscious at the Madison Wire and Cable Company in Worcester, in October 1984. Peter Nien-Chu Kiang who is the program director of the — Asian-American Resources Workshop in Chinatown observes that the roots of racial violence against Asians in 1980's can be traced, in part, to the United States' failing economy, high unemployment, and bitter trade competition for March imports. Japan became a primary target of attack for the United States corporations and image-makers. "Buy American" campaigns and weekly rituals in Detroit characterized the virulence of anti-Japan sentiment. Cries that Japanese imports were invading America echoed the hysteria of Pearl Harbor. In June 1982, a Chinese-American draftsman named Vincent Chin was bludgeoned to death with a baseball bat in the streets of Detroit by a white unemployed autoworker and his stepson. Prior to this brutal attack, the two cursed Chin, saying, "It's because of you fucking Japs that we're out of work." Not distinguishing between Japancorporations, Japanese ese 1.2. ,}m . Thf continued on page 11 Opinion 7 �OPINION OST STATE UNIVERSITY OF NEW TORX ATBUFFALOSCHOOL OF i>W Volume 26, No. 11 Editor-in-Chief: Managing Editor: NewsEditor: Features Editor: Business Manager: Photo Editor: Layout Editor: March 12, 1986 Victor R. Siclari Jeff H. Stern Paul W. Kullman Timothy J.Burvid Harry Branson Paul F. Hammond Kevin O'Shaughnessy Production Editor: Charles E. Telford Contributing Editor: Peter Scribner Staff: Idelle Abrams, Craig Atlas, Dave Chapus, Sue Clerc, Diane Dean, Michael Gelen, Krista Hughes, John K. Lapiana, Dave Platt, Melinda K. Schneider, Amy Sullivan, Dana Young. Contributors: Mario Cuomo, Kirsten Hertz, Mary Hurley, Jack Luzier, Wilmer Rodriguez Nunci, Carol Ho Rezvani, Patricia Weeks. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic year. It is the student newspaper of the State University of New York at Buffalo School ofLaw, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials: a Crowded Law School Fire inis the crime of academia. It tears at the frail ties Cheating street of trust that bind student and teacher and chills the innocent unity between student and student. Law pretends to operate in a metaphysical vacuum of utter rationality. To think with cold, unemotional logic is to "think like a lawyer". It takes a dramatic event such as a cheating scare to shake us loose from this mindset. Rumors fly, anxieties soar, and rationality takes a vacation. 152 of our fellow law students are living in the Twilight Zone. All of them feel the heat of guilt by association because some are accused of cheating. A quarter may have gotten ahold of the questions to a Family Law final exam last fall before they took the test. For all anybody knows, some may even have compared answers. For anyone convicted of cheating, career plans may go out the window. Add a pinch of a rumor of poor grades, blend in complaints about an off-the-wall test, simmer for two months, and you have the perfect recipe for paranoia. The whole school feels the effects. Cheating results in a tightening down of exam procedures. The casual, relaxed atmosphere of the Buffalo Model is diminished. Something good is lost. And student tempers flare at reports that the administration may re- quire compulsory self incrimination to root out the cheaters. Trust gives way to cries of "witch hunt!" Meanwhile, one professor is undoubtedly distraught. How could they do that to me? Other faculty members vicariously share the feeling. Administrators wring their hands: what to do, what to do? What to do? Well, first of all, everybody has got to calm down! Relax. Take a couple of deep breaths. And summon back logical rationale from its hiding place. For once, thinking like a lawyer is a really great idea. Secondly, before any investigation takes place, all of the objectives must be set out, the problem defined, the important questions answered. What are these objectives? Everyone would agree that while all cheaters ought to be punished, not a single innocent person ought to suffer. But what is cheating? Is it always self-evident? Should punishment vary by degrees of culpability? Should cheating consist of knowingly violating test rules, negligently violating the rules, or should a student be held strictly liable for violating the rules? Furthermore, what procedures should be used? Should students be forced to incriminate themselves or others? Who should make the final determination? What standard of proof for conviction should be used to insure that no innocent person is punished? It is essential that these questions be answered and that all objectives be put on paper and made public before an investigation begins. Why? Because some very unpleasant decisions may have to be made along the way. Some of these objectives may have to be tossed overboard in favor of others. For example: it may not be possible to determine who cheated without compulsory self incrimination. Which gets compromised? These painful choices can only be made with all objectives clearly set out at the start. Javits Will Be Missed As long as he had his mind, he could think. That was how former Senator Jacob K. Javits (R-N.Y.) viewed the debilitating neuromuscular disease which confined him to a wheelchair for the last five years of his life. Javits, one of the nation's most brilliant and respected political leaders, died from the disease last Friday, at the age of 81. The son of a Jewish immigrant couple, Javits was born in a tenement on the Lower East Side of Manhattan. Yet he overcame his poverty-stricken childhood, working his way through law school and building a successful law practice. Eventually he would become the longest serving United States senator ever to represent the state of New York (1956-1980). As a senator, he was known to have worked 16-18 hour days, steeping himself in all the major domestic and foreign policy issues before Congress. He fought hard for civil rights and initiated the War Powers Act, to limit the power of the president to send troops into combat without the approval of Congress. Senator Robert Dole (R-Kansas) called Javits "one of America's all-time great senators." Senator Edward Kennedy (D-Mass.) said that Javits was "a truly great American, courageous, committed, compassionate. To the very end, he taught us with his own inspiring example to care about those less fortunate than ourselves." With his passing. New York has lost one of its most dedicated public servants. ' 8 Th« Opinion , March 12. 1888 Parlor Protectors' Pranks Provoke Plentiful Protests Justice Harlan once used the description "pig in the parlor" to make a point about the First Amendment. We think it aptly describes the current situation in the law school where undergraduates inundate a building designed and constructed for use by law students. Since the administration has refused to protect our "parlor," individual law students must begin to do so. Adequate (but moderate), non-destructive disruption of undergraduate classes held in O'Brian Hall will encourage faculty and students to hold their classes elsewhere. Begin slamming doors to undergraduate classrooms and shouting "UNDERGRADS OUT," "GET OUT OF THE LAW SCHOOL," or "THIS IS A LAW SCHOOL." Take special action against undergraduates using our Moot Court Room. If you need a carrel in the library, begin opening doors checking to see if the users are law students. If they are not, you should ask them to leave. Carrels are specificallyreserved for law students. TAKE ACTION LAW STUDENTS. Signed, THE PARLOR PROTECTORS Responses Student To the Editor: Amid the usual clutter of bar review hype sheets, induce- ments to purchase magazines I couldn't possibly find time to read and applications for credit cards I couldn't use responsibly, I gleaned from the mailbox the same curious little jeremiad that I'm sure most readers did. I refer to the clarion call of the "Parlor Protectors" (a cast of characters comprised of law students lacking sufficient courage of conviction to sign their names) urging us to "take action" against the infestation of undergraduates and undergraduate classes in O'Brian. Never mind that our anonymous champions retchet Mr. Justice Harlan's "pig in a par- lor" comment so far out of context that he most probably rotated 180 in his resting place. This little ditty (undergrad for "didactic") disturbs more with successive readings, for its message in clearly this: "The process has failed, let's take matters into our own hands." These gentle folk will most likely grow up to be one of two things: judges whose courts I would hope to avoid or tax attorneys on whose judgement I would not wish to rely. While most commentary on thisnoble cause has gone something like, "How did they get in here?", I worry more that these defenders of the faith will get out. One wonders in what sense O'Brian is "ours," or to what extent the building is "designed and constructed for use by law students." Popular legend has it that the Amherst campus was (a) located on this Godforsaken tundra and (b) architechturally designed in order to assure that the National Guard could shut down the campus quickly and prevent large scale assembly of the unwashed masses; all other purposes, such as "departmentalizing" the University by buildings, appear to have been secondary. It reminds me of the "open classroom" from my schoolteaching days and it seems to work about as well. But, as a classmate has said with respect to this burning controversy, "that's life in the Big City." I agree. Myself, I'd rather have the law school back downtown, but I'm not going to hammer on (he door to Schlegel's office until he does something about it. One also wonders (and worries) about the attitudes underlying the perceived need to exclude others. Somehow, our Protectors have discoveredthat a higher intrinsic valueattaches to law students than to other students. I would respond to this widom by asking our sur- repititious scribes to remem- ber a couple of things: one, the "others" may very well be paying our fees someday, and two, my daughter's babysitter may in the long run be more valuable to society than half the graduating law class. Finally, as one might well suspect, there is a catch to this modest proposal. If our Protectors really want to keep the "pigs" out of their parlor, they had best be prepared to accept exclusion of their "asses" from everyone else's. The bottom line for me is this: I don't give two frozen turds who uses the law school so long as they don't abuse it. And I've seen no evidence that law students are any less likely to abuse (or vandalize, steal, cheat, lie or write anonymous twaddle) than anyone else. The law school is not a building. It is roughly one thousand human hearts beating, and apparently a few less than a thousand minds at work. Ron Scott Professor To the Editor: wish tb^^xpress concern about unprofessional acts by law students which affected my classes Friday, February 21.. At 10:30 a.m., as I was lectur- I ing in2o9O'Brian,thedoorwas flung open, the words "Get undergraduates out of the law school" shouted loudly, and the door slammed. The students in the class laughed off this interruption, fortunately. More serious, however, was an incident a few minutes later, immediately prior to a large class which I also teach in O'Brian. In this instance, some third year law students "informed" undergraduates going to my course (in which a test was scheduled that day) that the class was "cancelled." Thiswas a lie. The frustrations law students feel in being at the center of the — academic spine subject to noise, crowding, and heavy use of classrooms by persons from all parts of the University are — understandable. But wherein lies the greatest good, or the most appropriate means of improving the situation? The law school is not an isolated or isolatable island, but a center that serves thousands of persons daily. What is an inconvenience to law students is a necessity for the majority of UB students and faculty, given the great pressure that exists on teaching space. To protest these facts of geography and crowding by disrupting ongoing teaching smacks of sophomoric behavior, not professional conduct. I, and other faculty who have been assigned to teach in O'Brian, certainly hope such incidents will not recur. Yours truly, Claude E. Welch, Jr. Professor of Political Science Chairman, Faculty Senate Dean To: The Student Body From: J.H. Schlegel I have had brought to my attention the Manifesto signed by THE PARLOR PROTECTORS as well as complaints from both university faculty and law students about individuals following the PROTECTORS call. I was hired as acting dean of a law school and not as the principal of a junior high school. — Were I the latter, I would simply inform the hall monitors and send the offenders home to Mommy. As the former. I am at somewhat of a loss as to how to respond. I cannot express my disapproval of such childishbehavior too strongly so I will simply note that Rule 5.35.3iof the Board of Trustees prohibits the conduct called for by the PROTECTORS. Among the sanctions permitted to be imposed on persons found to have violated this rule is expulsion and suspension. I will not hesitate to inform the Committee on Character and Fitness as well. Should individuals wish to discuss their concerns about the Law School and its declining sense of community, which, I take it, is the root cause of the PROTECTORS' childish re- sponse, I would be pleased to meet with them at an appro- priate time and place. A Correction To the Editor: I submitted to The Opinion an article on my recent trip to Cuba. My article was published in the February 26, 1986 issue of the paper. The paper faithfully reproduced my article, with one notable exception. On page fifteen, one of the paragraphs begins with the sentence: "I saw children begging in the street or sleeping in parks." The sentence should have read: "I saw no children begging in the street or sleeping in parks." Alberto M. BenTtez �The Boy Mechanic by Kevin O'Shaughnessy Law Review's Gesture A Forced Concession "Take up the White Man's burdenSend for the best ye breedGo bind your sons to exhile To serve your captives' To wait in heavy harness On fluttered folk and wildYour new caught, sullen peoples Half devil and half child-" Rudyard Kipling The White Man's Burden Minorities all over America are sleeping safer these days; the Buffalo Law Review has decided to initiate an affirmative action program. Has Law Review (like Lincoln in 1863) issued its "Emancipation Proclamation"? Is there cause for celebration? I'm not so sure. Certain members of Law Review (probably afraid of continuing an incestuous process which threatens the intellectual gene pool) felt that law school ' grades and the casenote com- petition were merely arbitrary standards used to legitimize a system biased towards upper middle class whites. (If Law Review were a school district, the Supreme Court would have ordered integration decades ago.) Some insiders feel that this well-intentioned minority would not have carried the day had the proposal not been leaked to the general public. These cynics feel the news leak backed a number of elitists into a corner. Appearances won over convictions- (surprise!), and an affirmative action proposal was passed. No one wants to look like a racist. (I always felt there was a certain honesty about the Ku Klux Klan You always know where those guys stand on affirmative action.) Two affirmative action proposals were submitted; both were flawed. The first proposal based all admissions on a com- . Graduating Seniors Information Memo To: All Graduating Seniors From: The Commencement Committee Any senior interested in being the student speaker at commencement should submit a short (1 paragraph) summary to SteveWickmark in Room 311 by Tuesday, March 11th. The summaries will be distributed and a vote taken within the next two weeks. Caps and gowns must be ordered by March 21st. If you plan on wearing a cap and gown, make sure you place the order with the bookstore by MARCH 21st. Professor Atleson requested that the senior class forego the formality of caps and gowns and establish a special loan fund for students. If anyone is interested, please see Gina Peca. The Commencement Committee is co-sponsoring a Sadie Hawkins Semi-Formal on Friday, March 14th. It is being held at the Susquehanna Hat Factory from 9-12 p.m. $6.50 advance/ $7.00 at the door gets you hot and cold appetizers, full open barand music. It should be fun! The next and final memo will contain the vote on the student speaker, faculty speaker, and faculty and staff awards. Only 67Days Till Graduation! bination of grades (40%), case note (40%), and a personal statement (20%). Applicants de"disadvantaged" fined as would be given a maximum score for their personal statement. The advantages of this plan were: 1) All students competed together without the use of quotas, and 2) The number of "disadvantaged" students admitted could be expanded beyond the number allotted for by a quota system. The major flaw with this plan was that a corrupt admissions board could deny admission to all "disadvantaged" students by claiming their grades and case notes scores were far below the rest of the applicants. (I wish this was out of the realm of the possibility; too damn cynical, I guess...) The other proposal, which eventually was passed, placed all "disadvantaged" students (students which chose to identify themselves as such) in a separate pool. The number of "disadvantaged" students admitted is determined by the overall percentage of students admitted in the larger pool (10% admitted from the larger pool means 10% admitted from the smaller, "disadvantaged" pool). The advantage of this proposal is that it would guarantee the admission of "disadvantaged" students. There are several drawbacks to this plan: 1) The plan limits the admission of "disadvantaged" students to a small number (cynics feel this was why it was passed), and 2) By placing people in a separate pool, a stigma is placed upon those admitted (playing right into the hands of the elitist "they couldn't get in on their own" mentality). Lawtyleview has become a holy grail to a large portion of . the student body. Legend has it that resumes that possess this magical ingredient bestow upon its owners a vast array of riches Porsches, Leased Condos, Designer clothes (for designer mind)... undoubtedly every lawyer's or- that gasm. Law Review is an academic journal. It is responsible for publishing innovative legal arti- cles. Any publication (this newspaper, for example) must be open to different perspectives; the present Law Review selection process undermines this goal. The new affirmative action program may be viewed as a token gesture; but for all its drawbacks, it represents an opportunity .to fight the apartheid that is Law Review. Some people fought hard to provide this opportunity. It must not be wasted. Env. Law Soc. Current Activities Editor, We are writing this letter to fulfill the requirements of SBA By-law 13 and to inform folks of the continued active existence of the Environmental Law busy organizing two more presentations on environmental our primary function of educating the law school community litigation. This semester we also organized a cross-country ski trip to Allegany State Park which went very well. We hope to on environmental issues. We are presently activating our research committee to assist in pro bono work for local Society. This year we have been involved in many projects that make this an annual affair open have benefited the law school to the entire student body as are community. Last semester the all of our activities. movie committee presented On the trip back from numerous films on environ- Allegany we stopped by the mental topics under the direc- West Valley Nuclear services tion of Jennifer Sanders. We facility for a mini-presentation also compiled an environmen- on the history and current tal issue paper on the two major status of tl. project. We hope to organize more trips to areas mayoral candidates. The speakers committee, of local environmental interest chaired by Kevin Comstock, or- in the future. The society has been a freganized a forum on careers in environmental law which was quent contributor to thispubliThis semester the committee is cation. This is in keeping with . citizens groups. Anyone interested in researching for a couple of hours a week should contact either of us. We are proud of what we have accomplished this year. The Society has become a highly visible, active organization in our school. With SBA and student support and involvement we can maintain a high level of contribtution to our community. Sincerely, Jack Luzier Dave Platt Comics by Chapus March 12, 1986 The Opinion 9 �Founding Fathers Pub Offers Comfortable Bar and Character bars. Yet, for some reason, people are reluctant to venture Downtown for a few drinks, even though it is readily accessible, less than fifteen minutes Founding Fathers Pub 75 Edward St. Buffalo, N.Y. 14202 855-8944 by Timothy Burvid If new bars opening their doors were an accurate measure of downtown development, BRE Buffalo's economic future seem optimistically bright. At least half a dozen new bars or pubs have debuted downtown in the last year, and while admittedly not an accurate measure of revitalization, such occurrences may reflect an optimism based on the near completion of the subway, and the announced plans for movie theaters, a baseball stadium, and other attractions. One such bar calls itself Founding Fathers Pub, and is located on Edward Street off Delaware Avenue, near the edge of Allentown. Founding Fathers opened with great fanfare, receiving many reviews, all favorable. Unfortunately, as with many new bars, especially downtown, it is going to have would AY n E City limits. Even our ownSBA, otherwise rational, forces us to traverse deep Suburbia to attend their parties at the Pine Lodge. I don't know where this reluctance comes from, but students should consider investigating a few other downtown bars this month after Law Revue at the Tralf (thank goodness Pine Lodge didn't have a stage), as long as they're in the neighborhood anyway. Despite this light volume of traffic, Founding Fathers ap- This is most unfortunate. Even taking into account the much-exaggerated crime factor, Downtown Buffalo is literally peppered with great little pubs in old brick buildings with tin ceilings and thick wooden since been cleaned. The theme is Early American, naturally, and the patron is surrounded with historical reminders from the Revolutionary War era, including portraits of Washington George and Thomas Jefferson. There is even a copy of the Declaration of Independence hanging in the Men's Room, perhaps to encourage men to defy their wives and pass their time spending idents" placemats, however, are too much like something you'd encounter in a roadside Howard Johnson's in Virginia to contribute to the Colonial ambience. Nevertheless, the from any other point within the makes a name for itself or the planned Renaissance of Downtown Buffalo actually takes place, or both. building was once a livery stable, with the floor having money at the bar. The "Can you name the Pres- Kw to persevere and endure relatively small crowds until it pears to be sticking it out, even expanding its services. The theme adds to the atmosphere of the pub, an atmosphere which is also clean, comfortable, and uncluttered. The only distraction is a single T.V., which admittedly plays MTV sometimes, but one can still engage in good conservation over a few draughts. One highly touted feature of the pub are the free nacho chips with several different types of dips. Unlike most bars, these snacks are always available, not just at Happy Hour. Obviously a novel idea several steps beyond serving popcorn at the bar, this treat is apparently meant as bait to lure potential Photo Surprisingly, very few people have "dinner" as their primary objective when walking in the door. Unlike the Cloister's notorious happy hour where you get bowled over by a stampede of yuppies when they bring the chicken wings out, you'll see very few people at Founding Fathers who stroll in, order a single draft beer, and eat sixteen plates of nachos, not including those smuggled into their pockets. Founding Fathers is eventually going to serve light lunches, although they are circulating matches saying they already do, much to the detriment of lunch plans I made one by Paul Hammond day last week. Anyway, it should be worth the walk from downtown. I like Founding Fathers Pub, and hope that they are eventually able to earn a reputation for themselves sufficient to attract a better crowd, thereby remaining in business. They may even be doing a healthy trade right now and I may have missed it. In either case, it is a comfortable bar with a lot of character. When the Downtown Renaissance happens and people start to go downtown again, (or is that the other way around). Founding Fathers will hopefully still be around. Maybe thereis a substitute for patrons inside. Cuomo Introduces Anti-Sex Discrimination Legislation, tiveness of Title IX, the federal statute which prohibits sex discrimination in educational Governor Mario M. Cuomo has introduced legislation to provide students comprehensive protection against sex discrimination in New York State schools. The legislation would add a new section to the State Education Law called the "Sex Equity in Education Act." "This bill will ensure female and male studentsthat they will have equal access to all available educational opportunities," Governor Cuomo said. "Sex should never be a determining factor in whether children will have a chance to participate in educational programs, including athletics and extracurricular activities." New York State now lacks a programs that receive federal financial assistance. The proposed bill would pro- hibit sex discrimination by educational institutions receiving State aid or which enroll students who receive State aid. Exceptions would be made in those cases in which the law is inconsistent with the religious beliefs of an educational institution run by a religious organization. The act also would guarantee the right to equal educational opportunity and prohibit educational institutions from dis- criminating on the basis of sex for employment purposes. There are also provisions outlined in the bill for ensuring continuing compliance with the law, including a procedure for comprehensive protection plan against sex discrimination for students. In addition, there has been a weakening of the effec- £«::::::::««:::::::::««» to J* X :: Everyone is invited SADIE HAWKINS SEMI-FORMAL on •• XZ •••• SUSQUCHA^nA HAT FACTOKY 5225 Sheridan Drive • Williamsville, MY $6.50 advance (will be sold $7.00 at the door the library) teats:: ::•: ::Sttg:::::: 10 The Opinion March 12, 1986 •; •••• •; HOT AMD COLD APPETIZERS MUSIC FULL OPEM BAR • in front of •!!• •• Friday, March 14 tJ •• •• the JJ •• ::sii monitoring the implementation of the program. In addition, the bill provides remedies for violations of the act. "With the passage of Title IX more than a decade ago, we thought an end had come to sex discrimination in our schools," Governor Cuomo said. "But court decisions have narrowed significantly the effectiveness of that federal statute to only those programs which directly receive federal aid." "It's imperative that the State eliminate that disparity so that students in New York are guaranteed equal access to educational opportunities," the Governor said. This bill will provide all students, without regard to their sex, the opportunity to particiin any academic, extracurricular, occupational, vocational or research program. "The legislation is particularly meaningful to young women, who historically have been denied equal access." "In today's society, increasing numbers of single women are the sole support of a family," Governor Cuomo said. "If young women are to become economic equals, they must have the same opportunities to educational programs as young men. "The State must assume the responsibility for assuring femaleand malestudents equal access to educational programs pate and schools free of sexual harassment and sex discrimination against the students and employees." Subscribe to The Will Street Journal, and enjoy student savings of up to $44. That's quite a bargain, especially when you consider what it jieallyrepresents: Tuition for thereal world. I I I II Tbsubscribe,canBoosHs)Ofa^l3M^~ Or mail to: TheWall Street Journal,200 Burnett Road, Chicopee, MA 01021 D Sendme one year of The Will Street Journal for $63-a saving $44 ■» off "■ of /•" Ike regular suhcnptim price. D Sendme 15 weeks for $26. D Payment enclosed. D Bill me later. Name Student I.D.tt Grad. Month/Year . Address CiVSchool I SJSSrSintu™ , State _ Zip M jor | HieWdli Street Journal. "Hilmhilian ~«, 'theAmmanilimm. i« J I! | 'I^*ll m.n..).~. A I ■■*i»iMfi* Ilk II �Apartheid # another type of claim which may be brought in American courts, although not against the South African government. Arguments have been made by those in support of apartheid against anyone who is actively protesting the segregation policy. One of the most vigorous pro-apartheid arguments is against adherents to U.N. General Assembly Resolution 2396 which "requests all states to suspend cultural, educational, and other exchanges with the racist regime, and withother organizations or institutions which practice apartheid." A suit brought against the boycotters would be in the form of an anti-trust action, and would raise the question whether the Sherman Anti-trust Act is "applicable to politically motivated but economically tooled boycotts participated in and organized by non-competitors to those who have suffered because of the boycott." Home likens this type of suit to State ofMissouri v. National Organization of Women, 610 F.2d 1301 (1980). In that case Missouri tried to claim that a boycott by NOW in an attempt to prevent Republican and Democratic National Conventions from being held in that state were a "combination and conspiracy in restraint of trade." The State's claim was unsuccessful. A case against cultural boycotters of South Africa would have to prove that the actions of the boycotters were "intentionally injurious" to the business and trade ofSouth Africa, thus making it a common law tort claim rather than an antitrust suit. Prof. Home notes that two of the most common words used to describe apartheid are "repugnant" and "abhorrent," yet it still exists and is still unjustifable. However, Homefinds that "one of the most hopeful signs in South Africa is the proliferating protest coming from whites," although a large part of this protest is based in business concerns rather than in human rights. Currently South Africa is in the midstof a severe recession. Black laborers who produce goods do not have the money to buy the goods, and if largescale international boycotts arise there is the problem of massive overproduction because there is nowhere for the goods to go. Thus Mr. Home believes that "as time wears on there is going to be a growing realization that apartheid is not good business sense, if nothing else, and it also ultimately worsens the standard of living even Asians people, and Chinese Americans, Vincent Chin's killers viciously demonstrated the lethal impact that anti-Japan tradeprotectionist attitudes could have on Asians in United States. Nieh-Chu Kiang also observes that another factor responsible for the rise in antiAsian violence is the federal policy of refugee resettlement. Since 1980, the Southeast population refugee Asian throughout the country has grown increasingly. For instance, the population of Southeast refugees in Massachusetts has grown more than 200 percent from 6500 to more than 20,000. In order to facilitate the reassimilation into fugees' mainstream American society, the dominant, albeit inconsistent, view offederal refugee resettlement policy called not only for the conscious dispersal of refugees across the country but also the discouragement of concentrated refugee communities. Without such communities, however, many refugees, who lack the social, cultural, and economic support networks necessary to survive in a foreign land, were left isolated and vulnerable. The racist character of the Vietnam War continues to be played out in acts of violence against Asians living in this country. Serving in "Nam" meant killing "gooks" —faceless, treacherous, subhuman enemies who seemed to be everywhere. Asian-American soldiers fighting in Vietnam were pointed out by their officers as commanding examples of what the enemy looked like. The current spate of Hollywood releases set in Vietnam such as "Rambo: First BloodPart II" and the original "First Blood" also contribute to the rise in anti-Asian violence. Not only do these latest box-office smashes recast the war in Vietnam in such a way as to allow RACIAL VIOLENCE AGAINST PACIFIC ASIANS "America (United States)" to regain its sense of superiority, but they also reinforce the Viet- nam-era characterization of Asians as evil, sneaky, subhuman villains. Media images, particularly those out of Hollywood, have historically played a major role in shaping public attitudes toward Asian-Americans in this country. "Rambo" and films like it exhibit such traits. One other contributing factor to anti-Asian sentiment is a general lack of awareness ofthe experience Asian-American and a general intolerance of dif- These statistics have been recently compiled by the Asian Pacific AmericanLegal Center. 'Incidents that occurred in California. Source: Asian Pacific American Legal Center newsletter. ferences. Vietnamese are told to go back to China. Campucheans are told to go back to Vietnam. Many Asian-Americans who were born in this country or who have been in this country for generations still are "gooks" and "chinks." The National Asian Pacific Americal Law Students Conference on "Violence Against ..• continued from page 6 for whites." Apartheid is itself a legal issue, and it is becoming more and more expansive. Besides the question of human rights in South Africa there are also international concerns, such as South Africa's illegal occupation of South West Africa, or Namibia, in direct violation of the United Nation'sDecree No. 1. But the most compelling aspect of apartheid is essentially one of human rights, apartheid "is intrinsically antithetical to the notion of justice insofar as it breaches the most sacred element of justice, that is equality before the law." • • • • • continued from page 7 Asian-Americans" concluded that the national minorities of all groups share common experiences in this country. Racial violence against Asian-Americans affects Asians of all nationalities in this country. The Conference called for more unity not only of all the Asians but ofall the national minorities in this country. Alex Rodrigue, Chairman and commissioner of Massachusetts Commission against Discrimination said, and I quote, "The issue of racial violence against Asian Americans is the issue for Hispanics and Blacks. And vice versa." Philip Tajitsu Nash, the author of the article "Asian-Americans: 100 Years of Hate" in "Guardian" (October 30,1985), also called for the stronger unity of all the minority groups and the need for better understanding of differences and for more cooperation between all the groups. v Lx \ (V) Avn X I KVX i/W / 1\JJA A \(/ I — \jr f I I 1 \ \ J RES IPSA LOQUITUR <=@22 yorkState - Mukistate 'Bar (Review offers an 'Tfe !?»«?«■ integratedabroach to tfk <He.iv Jork. 'Bar <E%m. <We empftasize sophisticated memory techniques, essay urnting s£ills and a concise, °yanizedpresentation of tfiefow. you zMSe preparedand confident. PEIPER NEW TORK - MULTISTATE BAR REVIEW lt sP ea^s For 90 (^^^z;eme' Mineota, Duane Barnes Margo Beasley RossLanzafame James McElhone Brian Bornstein Amy Sullivan . itse?- 9&11S01 Telephone: (516) 747-4311 PIEPER REPS Charles Telford Walter Ramos Zoran Najdoski Brian Mahoney Mark Pollard A {/)) \(7\ W\JJ J\Ls\ LlpO \J\J A^^ (\^ I \ Judith Kubiniec Doris Carbonell Maria LoTempio j I John Rowley Donna Siwek y Amy Murphy March / / 12. 1986 Th« Opinion 11 �Feeling Dejected? Listen To These Rejections by Timothy J. Burvid Anyone who has ever visited the Career Development Office is familiar with their speeches about how law studentsshould approach theirjob searches patiently. We're told to perfect our resumes, to persevere, and that eventually most of us will succeed in finding jobs, some of which might not even have anything to do with flipping hamburgers. More simply stated, we have to endure a great deal of rejection before we get something even resembling a job offer (i.e. an interview). While patience may indeed be a virtue, four second year students, taking their rejections in stride, haveundertaken to express their patience as an art form as well.With four students in one house, all interviewing for jobs at the same time, the rejection letters really pour in. That's why Brian Bornstein, John Formica, Rick Resnick, and Joel Schechter have decided to prominently display these communications from unenlightened employers who inevitably, maybe not for twenty years, but sooner or later, will regret their rash de- cisions (or so we all like to believe). Covering the wallsof the dining room of the four roommates are systematically exhibited their collective' rejection letters. With the letters now totalling 125, and growing every day, these walls really talk. Consider one of Joel Schechter's experiences, for example. On October 9th he received a typical rejection letter from a law firm with the usual "Thanks, but No thanks" message. Their collection was still in its early stages, but he quickly mounted his latest specimen on the wall. Less than one month later, he received a second rejection letter from the same firm, asking him to "please excuse our delay in writing to you," and concluding with the identical rejection message. Writing on the second letter, Schechter asks: "Does rejection hurt thesecond timearound?" John Formica, however, had exactly the opposite problem. He never received word from one particular firm while all his friends who had also interviewed their had been notified. Formica wanted his rejection letter, if only to add to the collection, so he called the firm and demanded it. As it happened, it was originally sent to the wrong address, but the firm fully cooperated with his demand by sending him a file photocopy of the letter. They even sent him a short note apologizing for the misunderstanding, probably also a form letter. And then there's Brian Bornstein, who should probably take some consolation in the fact that at least his most notable letter was personalized. Apparently, Bornstein had worked in the Hempstead Town Attorney's office one summer, and had spent a few hours working on a particular case. The case Rick Resnick, Brian Bornstein, Joel Schechler, John Formica is still unresolved, and the firm to which he applied opposes the town in the action. Thus, they regretted that they could not hire him, but explained that "a conflict of interest or at least the potential for a conflict of interest existed." -trrtde.rstandably, considering the amount of resumes received by law firms, rejection letters are very rarely personalized. Yet, it's nice to think that there might be a little truth to the compliments by which employers try to let down applicants gently. Why not feel a little comfort in the fact that a firm tells you that "Your resume is If employers are so thankfulfor your resume, one must wonder what they're thanking you for. ' an impressive one, and you can be justifiably proud of your accomplishments." Alas, whatever solace such words provide is quickly dissipated when you see four such identical letters next to each other on the wall. (And I even saved that one!) Almost invariably, rejection letters begin with the words "Thank You." "Thank you for your fine resume." Thank you for your inquiry." "Thank you for your impressive resume," etc. One usually doesn't have to read any further, especially to read their phony comments .. about how wonderful you are, despite their rejection. The message is loud and clear"Thanks, but No thanks." If employers are so thankful for your resume, one must wonder what they're thanking you for. They're not hiring you. Are they thanking you for putting a secretary to work? One can imagine a rejection letter from a firm replying: "Thank you for your incredibleresume. While we regret that we cannot offer you a position, we are, nonetheless, thankful for your resume. It's exactly the same color as the bottom of our bird precisely what we've cage been looking for. Thank you again for your thoughtful gift. Do write us again next year." Or perhaps this one: "Thank you for your fine resume. I haven't had a good laugh in weeks." They must be thanking you for something, right? While the basic message of rejection letters remains the same, the form does vary between firms. One employer counsels that their rejection "should not be taken as a reflection on your credentials, which are excellent." Another says that "we were favorably impressed with your accomplishments to date." Some are more formal than others —"I acknowledge receipt of your letter, but..." My personal favorite in the patronizing genre reads: "Wehave reviewed with interest your fine accomplishments at UB Law School (but...). The most brutally — honest simply states that "a further interview with you is not practical." The shortest ding I encountered ran just two sentences. "Thank you for your inquiry regarding employment with our firm. Unfortunately, we are not in a position to offer you a job interview at this time." Another law student has proposed a method of approaching the problem different than wallpapering the dining room. He suggests that the letters be sent back to the law firm with this message: "Thank you for your finely worded rejection letter. Regrettably, due to limitations in the job market, I am unable to accept your rejection at this time. See you Monday morning." While the walls of Bornstein, Formica, Resnick, and Schechter make an interesting conversation piece, as well as being on the cutting edge of interiordecorating, they also demonstrate both patience and a healthy perspective on the job search process, which all too often law students take too seriously and too personally. Besides, their persistence appears to be paying off. Three of the four have found law related summer employment, and the fourth is scheduled for several promising interviews' in the next few weeks. Who knows? Maybe in the future these four guys will be in a position to draft rejection letters of their own. I hope they remember their humble beginnings. with their own Wailing Wall. ATTENTION ALL LAW STUDENTS! THEADVOCA TE (yearbook) is now on sale in front ofthe Law Library. Only $12.50 and chock full of photos of Ist, 2nd & 3rd year students. There is still time left to submit CANDIDS. Drop them off at 724 O'Brian in an envelope with your name and return address. CLUBS AND ORGANIZATIONS Sign up for group photos on sign-up sheet in 2nd Floor Mailroom. CONTEST FOR COVER DESIGN Submit photos, sketches or drawings (Color or Black & White) by Friday, March 21. Winner will be chosen on Wednesday, March 26 and will receive a free yearbook. Seniors must return all photos to Serendipity, 2258 Genesee St., Buffalo, NY 14211 or you will be charged and not receive your composite. — — 12 The Opinion March 12.1986 J>hotosby Paul Hammond �SAVE OFF THE 1986 TUITION WHBM YOU REGISTER FOR BAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, MAINE, NEW HAMPSHIRE, OR VERMONT BAR REVIEW. CLASS OF 1986 1986 STATE SPRING SEMESTER REGULAR TUITION 1 NEW YORK $875 NEW JERSEY $675 MASS., CONK, MAINE, VT., N.H. $775 jk $775 I ()() $575 $675 • CLASS OF 198? 1988, & 1989 1987,88 &'B9 REGULAR TUITION STATE ■ YOU PAY ONLY DISCOUNT NEW YORK $875 NEW JERSEY $675 MASS., CONN., VT., MAINE, N.H. $775 SPRING SEMESTER DISCOUNT YOU PAY ONLY $700 jk /S $s°° $600 / ' A »50 DEPOSIT IN NEW YORK OR ANY NEW ENGLAND STATE JERSEY NEW RESERVES THIS PRICE. Ih^fjffSS^t -. 401 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696; (201) 623-3363 (516)542-1030(914)684-0807 160 COMMONWEALTH AVENUE BOSTON, MASSACHUSETTS 02116 (617) 437-1171 . w REMEMBER: THE LAST DAY TO SAVE OFF THE PRICE IS : m JT A nnTY/%/ \/|Ak| H/ll XT JLtiXWx M.K JU\3 S \3\3 •' X*lUXf* d\L\ S ©1986 BAR BRI March 12, 1986 The Opinion 13 �In The Public Interest Selects Five Articles; Ten Libraries Request Full Sets of Back Issues by Mary Hurley During the fall semester. In the Public Interest staff members, Jeanne Waldman and Molly Dwyer mailed close to 300 copies of the last issue of the journal to all law school libraries in the United States and to a list of public interest organizations provided by the Career Development Office. The mailing was funded by the Dean's Office. Almost one-third of the recipients returned an enclosure saying they would be interested in receiving the journal on an annual basis. Ten libraries wrote requesting full sets of back issues. You can now find all six issues of In the Public Interest in the stacks of the Stanford Law Library, among others. In addition to providing the staff with some idea of the interest there might be in subscriptions to the magazine, the increased circulation should encourage students to submit seminar papers for publication. This year the numberof articles received and considered for publication doubled. In January, professors received a letter asking them to encourage the authors of some of the best papers turned in for seminars to submit their papers to In the Public Interest. Thanks to Professor James Atleson, we received two papers from his seminar on Worker Ownership. Five articles have now been selected for publication. The decision was difficult because there were more good articles to choose from. Editorial Board members read all articles that were submitted and ranked them according to topic and quality of writing and research. Once the choices were narrowed down to five, editors worked with individual authors on improving the articles. Our office in Room 118 was equipped with the standard proofreading reference books this year, so this job was easier. The magazine is in production now and copies will be delivered to student mailboxes in April. More students are active in In the Public Interest this year. Along with Molly and Jeanne, Craig Watson, Maria Doti, Brett Gilbert and Sara Nichols have been involved in the publication process. But we still need a larger staff. It's not too late to work on In the Public Interest this year. Soon we'll be selecting replacements for Editors Steve Balmer and AWLS Discusses Plans by Kirsten Hertz The Association of Women Law Students (A.W.L.S.) restructured the internal leadership model in hopes of improving efficiency and opening lines of communication. The restructuring has accomplished both objectives, and as a result there has been an increase in programming and attendance. Currently there are five members of the Steering Committee: Kirsten Hertz, Robin Rosenberg, Sara Nichols, Cindy Fenishel and Lori Cohen. Vicki Argento is the group's trea- surer. Some of the highlights of the fall semester were: a potluck dinner, an interesting discussion at the Women Faculty Wine and Cheese, and participation in a conference on World NLG Invites Student Suggestions The Buffalo Chapter of the National Lawyers' Guild is comparatively young. In 1974,Guild members from across the country came to Buffalo to defend prisoners accused of participating in the 1971 Attica prison rebellion. In the process, a Guild chapter was formed. After the Attica trials ended, the chapter continued. The Buffalo Guild strives to provide a forum where all members of the legal community can get to know one another and discuss politicallegal issues of importance to us. For those of us who are law students, the Guild provides an opportunity to do progressive work, as well as to address issues of tantamount importance to law, but not covered in the Buffalo law school curriculum. Currently, our major focus is to provide speakers and films of interest to the legal community in Buffalo. We are investigating the possibility of beginning a variety of projects geared towards providing services and/or information to law students, lawyers and others within the community. We encourage input and welcome all suggestions. If you are interested in beginning a Guild project, or working with the Guild in any capacity, drop us a note in room 118. Hunger. A.W.L.S. began the spring semester with a fundraiser at CPG's and proceeds are to be applied to our major annual event, the National Conference on Women and the Law. We had another potluck dinner in early February, and on February 20 we invited Judith Avner of the New York State Division of Women to speak about job possibilities in the public sector and the proposed Sex Equity in Education Act. Finally, we will be co-sponsoring a lecture by Mary Dunlap on April 7. Our major activity for the year is attendance at the National Conference on Women and the Law, which will be held from March 20-23 in Chicago. Fifteen wonren will be attending the April. We are Eligibility and collectibility are separate issues, explained Pigott. The applicant is going to get medical care. The question that remains once care is delivered is what the county is going to do about it. "What happens to the assets?" A different set of rules applies then, and debtor/creditor law is going to come into play a lot more, said Pigott. The financial pressures that are moulding this area are enormous, saidClark. The costs of medical care for the elderly are tremendous.This is placing great pressures on the family, so the need for Medicaid is in- creasing. On the other side, the pressures on government are also building. Taxpayers don't want to pay taxes. The Federal administration doesn't want to pay for human services. The DSS in the counties are pressured to deny aid in order to reduce their budgets. All this leads to enormous pressures on the counties to recover the money spent on Medicaid. And, predicted Clark, efforts to recover are going to increase. Clark offered a number of practical suggestions on how attorneys could help protect a client's assets including keeping a life estate, transferring property before the clientanticipates requiring medical assistance, creating a trust in the client's name, or insulating a transfer by setting aside in the process of scheduling speakers for next year, and are contemplating a spring election of steering committee members. Our office is located in Room 10 (basement) drop by or, alternatively, leave a note in our box on the third floor. — Elderly Convocation MUM**"*)®*!** msm 14 conference. The conference framework offers a selection of over 150 workshops, as well as small discussion groups and a keynote speaker. The conference is an excellent forum not only to meet other law students, but also to learn about new developments in the law that affect women. Following the conference, A.W.L.S. will give a presentation to the law school community in early ... continued from page 3 enough money so the client does not have to make an application for medical assistance until after the two year period. Gregory Stamm, of Stamm and Murray, proposed "something to think about in terms of the future of the estate practice." When a client comes to an attorney to do some planning for the future, "if you write a will you may never accomplish whatthe client wants. You should be planning to give away assets so when the client dies there's no estate," said Stamm. He cautioned, "Never deprive them of their assets but let them understand it's what they want to do anyway." Thomas P. Cleary, of Walsh and Cleary, served as the court appointed conservator of Taylor Caldwell's estate. He spoke on conservatorships, committees, and powers of attorney. Generally, the physical or mental impairmentfor which a conservator can be appointed can include "almost anything." However, before the court will take control away from the person who owns the assets, the conservatee has a right to be heard and be represented by counsel to determine whether a conservator is needed in the first place. Cleary also picked up on the advice offered by his copanelists and stressed that "it's very important to get out to your clients as the years come upon them so planning can be done. The true answer to con- Mary Hurley. The meeting will be advertised on posters and all students are welcome. At a recent meeting the staff discussed the proposal by Duane Barnes for a student writing competition which was printed in a recent issue of The Opinion. We feel that the growth of the staff and circulation of In the Public Interest can make it another viable writing and journal experience at ÜB. Students with similar goals should unite to achieve this al- ternative. Buffalo Labor Society To Hold Conference by Craig Atlas This semester the Buffalo Labor Relations Society has been involved with the community. On January 16, we were the guests of the Industrial Relations Research Association (IRRA) and the Labor Law Committee of the Erie County Bar Association at their annual joint dinner meeting. Thirteen UB law students were treated to a dinner at the Executive Hotel, where we heard three speakers (two from area law firms and one from the NLRB) discuss recent developments in labor law. The next dinner meeting of the IRRA will be held Thursday evening, March 20, at the Royal Knight in the Town of Ton- awanda. The program will focus on public sector labor relations, and law students are welcome to attend (there is a charge for the dinner). Our major project for the year will be a conference which is scheduled for Saturday, April 12 in the Moot Court Room. We are co-sponsoring it along with the National Lawyers Guild and various community and law school groups. The conference will address the problem of the relocation of jobs and industry from the Northeast (e.g., Trico Products Corp.) to the TexasMexico border. (For further information, see the related article on page 5.) Right to Life Assoc. Plans For Future The Law Student Right to Life Association, a group of law students concerned about the erosion of our society's and the law's respect for human life, was founded in the spring of 1985. Although relatively inactive this year, interest remains and students have been discussing the best way to confront these important issues here at UB Law School. One option is to have pro-life lawyers from the Buffalo area or from the public interest firm, servation of assets is for the lawyers to take the bold moves." Professor Kenneth Joyce, of UB Law School, approached the issue of counseling the elderly from a different standpoint. He discussed the "Right to Die and the Use of the Living Will." Joycepointed out that in New York we don't have any generally applicable statutory law that is directed to these ques- tions. A reason for this, offered Joyce, is the range of problems emotional, philosophical, religious, ethical, as well as — legal—that surround these areas. The decisional law is also very sparse in this area. Several state commissions are now involved in formulating policies to deal with these questions. The lunch following the convocation featured the presentation of the Jaeckle Award, the highest award given by theLaw School and the Law Alumni Association, to former dean of UB Law School Thomas E. Headrick. Steven Sample, President of the University, described Headrick as an individual "who combines the best attributes of the legal profession and the academic community and in that sense epitomizes the objectives and aspirations of this law school." Sample heralded Headrick's accomplishments and stated that during his tenure as dean, Headrick "led the school to new levels of na- Americans United for Life Legal Defense Fund in Chicago speak on the varied aspects of these issues. Hampered only slightly by being the only chartered organization in the law school to be denied funding, the Right to Life Association intends to remain and provide a vehicle for discussion and confronting these important issues. A meeting will be called soon for assessing the level of interest and to plan future projects. tional excellence." Paul Weaver, standing in for Edwin F. Jaeckle, presented the award to Headrick. "The law school has grown and improved in justabout every aspect of the school's operation" under Headrick, said Weaver. The award was inscribed to Headrick "in recognition of his significant contribution to the advancement of the law school. A gifted peVson with a human touch and extraordinary judgment, he provided the law school with outstanding leadership and direction during his tenure as dean. He attracted a high faculty, quality strengthened the educational program, and built firm bridges to the alumni, the bar, and the community." accepting Headrick, the award, commented, "This is really a humbling experience." He described a law school dean as "a coalition builder, a creator of an uneasy alliance fashioned among groups with often different aspirations for theschool." Headrick saluted ÜB's "tradition of openness and innovation, this marriage of past success to future improvement thathas been and is the source of the school's distinction and excellence." He modestly concluded that "to maintainand contribute to this tradition is the major challenge facing any dean and in all truththis award honors the driving spirit of the school, not an individual." �Affirmative Action approximately 5 percent. If they represent 20 percent of theparticipants in the competition, the offers would not be extended beyond approximately 10 percent." Both Hassett and Martin said they intend to go over the plan with law school officials but don't foresee any problems with it because "it tracks the plan used by thelaw school admissions committee" Martin said. Neither of the other plans ...• continued from naee I came as close to that used by the law school admissions committee, according to Hassett and Martin. "Proposal A" had called for the selection of a member to be based 40 percent upon course grades, 40 percent upon the written casenote and 20 percent upon a personal statement. "Proposal C" called for selection to be based 90 percent upon the written casenote and 10 percent upon a personal statement. Irving Shuman have to apply basic common sense." "The average entertainer has no idea about what the music business really is," James said. "And he doesn't really want to know. All they need is to make sure all their needs are taken care of lawyers do this." But Shuman said James provided him with a great deal of — help. "I really knew nothing of the entertainment business," Shtiman said. "I had to start by • •••••••a continued from page 4 learning all the terms, like 'gig.' But I was lucky because I was taught the music business, by someone in the business who knew every aspect of the business." James, who is involved in composing, producing, licensing and touring, said there is "more jive, more gloss in the entertainment business than any other business in the world." Which is why there is a need for "more integrity," according to James. "I -had been fed up with lawyers," he said, prior to his meeting with Shuman. "I had a lawyer working for me one time who was also working for a record company." Shuman pointed out the need for attorneys to avoid situations giving rise to conflicts of interest, especially in this area of law. "You have to remember you represent the client's interest; you don't represent you." PLianLseotdrgeDClb86 ays Photos by P*al Hammond I The Opinion schedule I | | ft i I follows: for the 1986 Spring Semester is as Copy Issue Deadline* 26:72 (Includes M0n.,3/17 Onion) 26:13 ft 27:1 Tues.,4/8 M0n.,4/21 Date of Layoutt Publication Thurs.,3/20 Wed.,3/26 Thurs.,4/10 Thurs.,4/25 Wed.,4/16 Wed.,4/30 I "Deadline is 12:00 noon. ) tLayout will be in The Opinion office, Room 724 O'Brian at 5:00 p.m. articles must be typed double-spaced. Submissions can be placed Ii All in the manila envelope outside The Opinion office. Room 724 O'Brian I Hall, or in mailbox #754. 189 Kenmore Avenue • Buffalo, NY 14223 RESUMES • BROCHURES POSTERS • NEWSLETTERS • 835-5587 LA W REVIEW CASENOTE COMPETITION First-year students are encouraged to participate in the Law Review Casenote Competition formarch 27andMay 16,1986. An informational meeting will be held Wednesday, March 12, 4:00 p.m., Room 106. All students who are considering entering the competition should attend theinformationalmeeting and one of theOPEN HOUSES scheduled for the week ofMarch 3-7. Selection for Law Review is NOTdeterminedsolely upon first-year grades. Casenote score alone can qualify you for membership. Questions? Call theLaw Review Office, 636-2059. CERTIORARI, CAREER PANELS a new journal devoted exclusively to law student research papers, is now accepting submissions Mark your calendar and attend our career information panels scheduled for March. ALL STUDENTS ARE INVITED. This is an excellent opportunity to find out what practicing law in these topic areas isreally about. Your individual questions are especially welcomed. for Spring publication. Students interested in submitting senior papers forconsideration should brine them to The Opinion office CORPORATE/TAX PRACTICE Thursday, March 13, 4:00 p.m., Room 109 Victor Gagliardi — Estate Tax, IRS In-House Counsel, CTG Joseph Makowski Catherine Wettlaufer — Tax Work in Private Practice Ellen Yost Corporate Work in Private Practice — — BANKING/FINANCIAL PLANNING Tuesday, March 18, 4:00 p.m., Room 108 In-House Counsel, Goldome Bob Edwards Banking Law in Private Practice Frank Heller Financial and Investment Planning Specialist Alan Vogt — — — <a PERSONALS *~ * ARE COMING! * Starting next week you can have your own message printed in The Opinion. Submit this tear sheet to Room 724 O'Brian by Monday, March 17 at 12:00 noon. Message: LABOR LAW Wednesday, March 26, 4:00 p.m., Room 109 John Collins — Union Representation Management Representation David Farmello Mark Pearce — NLRB Administrative Law Judge, NLRB Marilyn Zahm — — •March 12.1986 "T»l»OptnJon 15 �SPRING BREAK HAS ARRIVED!!! YOU CAN STILL $AYE IF YOU ENROLL IN THE JOSEPHSON-KLUWER BAR REVIEW COURSE THIS SPRING!! NEW YORK DOWNPAYMENT DISCOUNT* YOUR PRICE $ 50.00 $150.00 $725.00 *DART COUPON DOES NOT APPLY NEW JERSEY DOWNPAYMENT DISCOUNT w/COUPON YOUR PRICE $ 50.00 $100.00* $100.00** $175.00** $575.00 $500,00 *NOT APPLICABLE TO CLASS OF '86 "DISCOUNT INCLUDES $25.00 DART COUPON — MUST BE ATTACHED TO ENROLLMENT AGREEMENT PENNSYLVANIA DOWNPAYMENT DISCOUNT YOUR PRICE $ 50.00 $100.00* $ 75.00* $125.00* $675.00 $625.00 *DART COUPON DOES NOT APPLY SEE A CAMPUS REPRESENTATIVE TODAY OR CALL US ... JOSEPHSON-KLUWER LEGAL EDUCATION CENTERS 10 East 21st Street New York, N.Y. 10010 The Opinion March 12, 1986 16 (212) 505-2060 (Collect) (800) 253-3456 (Outside NY) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-03-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/12/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:55:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0298465f171ec22a525c500b86ca8be3.pdf 118ba22cf7a17d03902aa75bb2228550 PDF Text Text Credibility of Gourman Report Attacked 77?/s /s the second part of a series dealing with the Gourman Report. Last issue (Feb. 12) we described how the report was compiled. For this issue we canvassed the reactions of law school administrators and stu- dents to the report. by Idelle Abrams The publication of the Gourman Report, which attempts to rate professional and graduate schools including national and international law schools, -has publication Report professional princluding body administration, ever, grreputation DevActi valrby utterl impenetrable. janything Report n'ss,l.i,ak,Associate expressed questioned schools, Audrey attempts report report. graduate among ability Henry report place which irate law feel that atlittle the in AlOffice S. all about Gourman the overand "a rof real to two first GourThe that naestaoSchlcicontributed stnkilrtee." school have students Dean CarDirector doubt used sdescribed numbers aenduatcvoked rerilauothdmipmenteanoooldentianctinnestgsergaleygelof and field. the the editions and effect John of rated to of to national of the the Itbears the the determine the its that the that factors criteria Career Gourof Dean howI Kosfinal -has seriand will law the to ornew ous as man some no concern or or on can are no provoked some concern among the student body of the law school. The administration, however, feels that the report will have little or no effect on the school's reputation or its ability to attract new students or place graduates in the field. Acting Dean John Henry evaluation such as Administra- tion, Curriculum, Faculty Instruction, Faculty Research, and Library Resources. These ratings exhibited "a curious statistical anomaly" said Schlegel. The 12th ranking law school also ranked 12th in administration, 12 in curriculum, 12th in faculty instruction, and so on. "This is statistically impossible," commented Associate Dean Carrel. The lastest edition of Gourman's report eliminates the subcategories altogether, making the final ranking appear even more arbitrary. "It appears the numbers are just reached for and there's no real reason for them," said Carrel. In 1978 when Carrel was new to the law school and eager to promote Gourman s ranking of ÜB, he started to investigate the report's credibility, he said. Unfortunately, he could not find any support for Gourman from any legitimate authority. Gourman had not been recognized by any educational association Carrel had ever heard of, or any legitimate association of any type. National Education Standards, which publishes the Gourman Report, was not listed in any di- rectories of national education associations. Carrelasked Gourman to describe the criteria and methodology he used to compile the report and toprovide any letters or articles that endorsed his project. Gourman never supplied any. concrete information so Carrel decided not to publicize ÜB's ranking, then 19, "in any major way." Carrel pointed out that there has been a general skepticism in the legal community concerning Gourman's endeavor. In a 1983 article in Legal Times. Roy Mersky, professor of law and director of research at University ofTexas School of Law, referring to the Gourman Report said, "The most casual examinations Schlegel, Director of the Career Development Office Audrey Koscielniak, and Associate Dean Alan S. Carrel all expressed seri- ous doubts about the criteria used by Gourman to determine the rankings and questioned the overall validity of the report. Schlegel described the report as "a series of numbers that are utterly impenetrable. It bears no real relation to anything that I can jsee." The first two editions of the Gourman Report rated factors that contributed to the final of his lists reveals them to consist of statistical nonsense." Mersky also reported that officials of the American Bar Association and the American Association of Law Schools "tried to contact Gourman to discuss his technique in developing his evaluation. Unfortunately. Gourman refuses to disclose or discuss hismethodology." Carrel also encourages anyone concerned about the report to actually go and look at it. A cursory examination will reveal the enormity of the task Gourman has set for himself. He attempts to rank over 63 graduate departments in over 1,000 schools in addition to his rankings of law schools both in the United States and in countries abroad such as the Soviet Union, Canada, Japan, England, and France, among others. He also ranks other professional schools nationally and internationally in medicine, veterinary medicine, nursing, optometry, pharmacy, and public health." "To do anything at all of a seri- ous nature of this kind or scope, he'd need an enormous staff to keep track of all the material," said Carrel. However, when Carrel has attempted to reach GourActing Demi John Henry Slhlegel Awocitile Demi Altm Carrel CM) Dim mi Audrey continued on page 2 Komielnlilk THE OPINION Volume 26, No. 10 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 26, 1986 Committee Asks Dean Candidate to Return by Krista Hughes After almost two years the search for a permanent law school dean may finally be coming to a close. Dean of the School of Management Joseph Alutto, head of the Law School Dean Search Committee, indicated that one of the three candidates who interviewed here last fall will be returning for a second visit early in March. Although Alutto declined to reveal the name of the candidate, search committee member and UB Law Professor Alan Freeman statedthatthereturning candidate will be Louise Trubeck, Clinical Supervisor and Lecturer in Law at the University of Wisconsin. Of the seven candidates who have interviewed here over the past year, Trubeck is the only one who has been selected for a return visit. Committee member Prof. David Engel stated, "We're all hoping she will work out." However, both Engel and Dean Alutto stressed that the search is not yet over. While Dean Alutto stated that he "expects to make every effort to have a dean by fall," if Trubeck for some reason is not approved, the committee will be forced to pursue othercandidates. Neither Alutto nor Engel believe that the lack of a permanent dean has had any effect on ÜB's recent drop in the Gourman Report. Engel sees the report as "totally random," a "haphazard and unthinking process," a sentiment to which Alutto seems to agree: "No one seems to know what the stan- dard is" for rating law schools in the report. According to Engel, the school is "set up to operate autonomously," and with the exception of a lack of "major new initiatives" he does not believe that the lack of a permanent dean has had any "profound effects on the law school. "~ Alutto, however, seems to indicate that the effects of not having a permanent dean are yet to come. "None of us want to be in a situation" where there is no full-time central administration, because "you can't maintain academic development if there is instability at the higher levels." The lack of a pernecessarily manent dean places pressure on the faculty, and while "you can ask the faculty to adjust, you can only do that to a certain point... two years is stretching it." Alutto points out that finding a permanent dean is difficult because UB Law School has a "unique faculty" with special needs in a dean. The faculty is "committed to a Critical Legal Studies thrust," so any dean who is hired must also be so committed. However, the law school is not ready for someone who is so devoted to Critical Legal Studies that traditionaltheories would be stifled. UB is also looking for someone who can adjust to the "highly decentralized decision-making" process utilizef by former Dean Thomas Headrick, whichhas allowed the law school to progress as far as it has. Therefore the committee is not seeking a dean who will be "authoritative." For these reasons Alutto indicated that the "feasible set of acceptable candidates is fairly small." While the dean search process seems to be going fairly slowly, Alutto states that "posi- tive things happen independent of the candidates," such as student participation in the dean selection interviews.. Alutto comments that the candidates who have come here to visit have been "uniformly impressed with the students and the school," and that student participation has provided "useful feedback." It is doubtful, however, whether students will be able to participate in the secondround interviews with Trubeck. continued on page 15 Faculty Names New Prof.; Two More to be Hired by Jeff H. Stern The Faculty of Law and Jurisprudence, at a meeting on February 14th, approved the appointment of a new tax professor and opened up deliberations on the hiring of two additional full-time law professors. The Faculty also agreed to meet on March 14th to discuss dean search matters, particularly the candidacy of University ofWisconsin law professor Louise Trubeck. Trubeck, who was interviewed here last fall, has been invited back for a second round of interviews with faculty members, administrators, and alumni, March 3-4 (see accompanying story). In a 21-4 vote/the Faculty approved the hiring of Victor Thuronyi as a full-time tax professor commencing next fall. The general consensus was that Thuronyi is a serious, nononsense scholar who has an impressive ability to explain tax concepts in clear, understandable English. Thuronyi, the first of seven faculty candidates to visit the law school over the past two ■ months, is a Harvard Law School " alumnus currently working as a tax attorney for the U.S. Treasury Department in Washington, D.C. He has published extensively on the subject of federal taxation and has testified before Congress on various aspects of tax legislation and reform. Acting Dean John Henry Schlegel said that Thurohyi was pleased at having been appointed and has accepted the position here which begins next fall. Schlegel denied rumors that Professor Ken Joyce is planning to leave the law school at the end of the Current academic yearand thatThuronyi was hired in anticipation of Joyce's departure. According to Schlegel, the need for a new tax professor arose overa year and a halfago, when then tax professor William Greiner left the law school faculty to become University Provost. Schlegel also noted that Thuronyi's hiring leaves parttimeProfessor Diane Bennett's role in the tax program unclear. "It is not impossible that there might be four tax professors next year," Schlegel said, referring to Professors Louis Delcotto, Joyce, Bennett and Thuronyi. After voting to appoint Thuronyi, the Faculty in a part of the meeting which was closed to reporters from The began discussions Opinion on hiring two additional law professors. Currently, five faccontinued on page 7 — — Inside ... Faculty Candidates . . 2 SBA News ... 3 ELS News ... 6 Financial 7 Aid Law Revue . . .10 11 Comics Bar Review .12 Law Review. .15 . �Gourman Report. H man or National Education Stan-, dards, the phone has been answered only by Gourman, his son, someone who might be a secretary, or an answering machine. Discussing the possible impact of this report on employment prospects, Carrel said, "As far as firms go, I'd say very few firms considered us because of the Gourman Report. They considered us because they've been hearing more and more how well our alumni are doing in a number of different situations." Koscielniak agreed that "the networking chain is a much more by Charles E. Telford In the last issue of The Opinion (2/12/86), we reported that 4. Did you rely on any other ranking or report? Yes 4; No —24 effective tool (for placement) than a ranking sheet. Our students are going out to employers and doing well and they are improving opportunities for the students that follow." Overall, Koscielniak feels that "many employers are oblivious to the Gour- man Report." According to Schlegel, the academic legal community looks at schools as either "places where things are going on or places where things aren't going on." Right now Buffalo "is a place where things are going on. continued from page I a large shift of resources away from the law school, Schlegel thinks UB "will stick in that sort of niche near the mess of Big 10 schools." It has had that reputation for 10, 15, years now." Unless there is As for the Gourmen report, Schlegel said, "You just sort of wonder, furrow your brow, and go on to something else." lady upset by ÜB's decline in the ranking. One response went on to say, "Any school that's 39th on the list should drop the to legal education, however, is excellent. UB ought to be one of the top 20 law schools in the Opinion Poll Probes Student Views of Gourman ... UB Law School had fallen from 17th to 39th in the 1985 edition of the Gourman Report. In an effort to discover how students felt about ÜB's decline, The Opinion conducted a random mailbox survey of Ist, 2nd, and 3rd year law students. The following question was posed: "To what extent, if any, was your decision to attend UB Law School influenced by the Gourman Report?" In response to the poll, the following answers were received: 1. Greatly influenced by Gourman Report: 12 — 5. Financial Considerations were the greatest concern: 24 Of the four positive responses given to question (4), the most commonly cited publication was "Barrons." In addition to the responses provided on our questionnaire, several studentsdecided to add 2. Slightly influenced by Gourman Report: 22 3. Not Familiar with Gourman Report: 17 their own commentary. Here are some of the more interesting comments: "I was only slightly influenced. In fact, I'm not sure I knew of this publication by name, I just heard from a number of sources that UB was a well respected law school; one of the top 20, one of the best of the Triple A schools (the Major Leagues by Dana Young It was an impressively large tempt to rationalize every case to make sense because "it ). being Harvard, Yale, etc But I'm not particularly disturbed by Mr. Gourman's designation of UB as 39th as opposed to 17th." "I certainly was influencedby a ranking of 17th, and I am very dismayed about ÜB's fall. I think it is due to a number of factors which can be remedied by the school but to do this we have to take action," another student responded. Surprisingly, financial con- siderations did not play as large a role as we had surmised, but one student did comment, "I was slightly influenced by the report, but had the school been ranked considerably lower in the ratings, then I would not have been interested in spite of the low cost." Some students were particu- pretenses that we all know are fertilizer." This student continued by saying that certain "alleged faculty members" should be dismissed in order to remedy the situation. However, most students who did comment were not as shocked by ÜB's decline. The following response was typical: "The new Gourman Report may not be correct. Without more information on the basis of its conclusions, it's hard to say how accurate it is. As a third year student, I do have an intuitive feeling that things have slipped here, that the course offerings seem slimmer and the quality of the faculty is slightly diminished. The UB approach country. With its low tuition, UB can attract the best potential law students in the state. The school ought to match the quality of its students." Two students gave rather novel prospectivestothe Gourman Report and their experience at ÜB. One student wrote, "I'm not familiar with the Gourman Report, but the uniqueness of Buffalo was a major influence." The second student may have had his or her mind more on Valentine's Day than the Gourman Report: "I was slightly influenced by the report, but staying close to my mate was the greatest influence." Faculty Candidate Stresses Legal Reasoning group of students who showed up to meet Ms. Kimberle Crenshaw at the Appointments Committee meeting last Tuesday, February 10th. Those who attended were treated to a lively discussion on topics ranging from legal philosphy to bar exams to bars in Buffalo. Crenshaw is a Harvard Law School graduate and has recently completed her L.L.M. degree at the University of Wisconsin (where she was a William H. Hastie Fellow). She is currently clerking for the Honorable Shirley S. Abrahamson of the Wisconsin Supreme Court. Despite her impressive credentials, Crenshaw presented herself in an unintimidating, relaxed fashion. A self-described "product of the sixties," she reminisced that when she attended law school it was out of a sense of idealism: "People went to law school to do 'good things'." Ms. Crenshaw believes that legal education should revolve around developing skills in "legal reasoning" making arguments on a policy basis. — She feels that the "inacessibility of the reasoning" is a problem for many students. She stressed that it is futile to at- Buffalo doesn't make sense!" how she would make a final decision, she state that her interaction with the faculty would be very important she does — not want to feel isolated. She will also consider the city Faculty Candidate Kimberle Crenshaw. Photo by Paul Hammond ing "the moves", not just "pris- tine rules." Crenshaw described her teaching style as one of "getting students to interact." She likes to lay out the material and then try to get students to follow through with each other. Moot Court and oral argument are appealing because they make students take a side and develop a viewpoint. She doesn't feel that the burden in a classroom should be focused on one person, "this is the last time I'm going to talk this much where everyone just looks at me!" where the law school is located. While the second criteria raised a few chuckles, one adept student quickly assured Crenshaw that while Buffalo isn't a very good "big city," it is an excellent "big town." Crenshaw showed sensitivity to student concerns by asking those present how they felt being a part of an institution which prides itself on not being a traditional "practical training institution." While some felt that they were being as well prepared as students at other law schools, and in a more congenial atmosphere, one student raised the perceptive point that there seems to be a schism between the "Buffalo Model" faculty and the generally "corporate-minded" students. Crenshaw enamored herself among many of the students by elaborating on her personal experience in fighting an intrac- table Harvard administration to make changes in the curriculm. The crux of the conflict involved student concern over cancellation of a course on Racism and theLaw after the professor left. The class was seen by students as a vehicle to encourage minority faculty representation as well as knowledge of racism in the law over the past two centuries. The administration position was that therewere no qualified "people of color" to teach it. A renowned white civil rights activist was brought in to teach the course and students boycotted the class. Instead, they pooled their resources to bring in one minority person a week to teach. The administration ultimately supported a per- manent course with minority faculty. Crenshaw has written an unpublished paper on the experi- ence entitled, "The Alternative Course: A Student Initiative Toward Minority Representa- tion in Legal Education." Addressing minority representation on Buffalo's faculty, Crenshaw stated that "percentage-wise, Buffalo is better than most." In general, minorities and women are underepresented everywhere. She feels that schools need to step away from their traditional ap- proaches to encourage minority faculty. Likewise, "people of color need to get into networks to make themselves known." Some students expressed concern that Crenshaw's age and relatively little real world experience might limit her in a teaching capacity. Crenshaw disagreed, emphasizing that "having someone closer to their [student's] age group makes her more accessible." She also feels that she has learned what she needs about how law operates on a practical, real world basis; more years in a law firm won't afford better insight into the legal system. "What I have to offer is a way of looking at things; what I don't have to offer are war stories." If Crenshaw becomes a faculty member here she would like to teach Criminal Law her first year. Constitutional Law her second year. State and Constitutional Law, and possibly Civil Rights. She would like to conduct a seminar on Law and Social Movement which would examine "how it is that certain groups use the legal system, and why law is seen as a means for social transformation." She would also introduce examples of how laws passed for social reform can backfire. Model Attracts Faculty Candidate Kannar by Idelle Abrams In his discussion with law students on Thursday, February 6th, faculty candidate George Kannar expressed his eagerness to teach law and his en- ing law, Kannar found that much of what he learned in law school, which was a traditional, doctrinal legal education, was "both irrelevant and unnecessary when it came to practicing law." While he believes students ought to have a doctrinal base he feels that "traditional models of doctrinal indoctrination are usually overstated and overemphasized" in legal education. The Buffalo Model approach "that does things in a more intellectually stimulating, interesting way is not only more fun in and of itself, but it seems to me it's probably more worthwhile and probably, in the long run, a better legal education," said Kannar. thusiasm for the "Buffalo Model" approach to law school education. Teaching law was Kannar's original goal when he enrolled in law school at Harvard. He got sidetracked into a career as a practitioner and spent six years doing civil liberties litigation as staff counsel for the American Civil Liberties Union at the national office in New York City. However, "it's 0 time to return home" to teaching, said Kannar. From his experience practicThe Opinion February 26,1986 2 all Learning legal argument (and passing the bar) involves learn Crenshaw is looking for a facyulty position in a "liberal" haw school. She is attracted to the "Buffalo Model" and its "reputation for being liberal, with interdisciplinary methods of teaching." When queried on Kannar's circuitous route to teaching law began when he was a graduate student in history at Harvard University. He wanted to continue his work in the intellectual history of American legal thought but in the mid-19705, the Ph.D. market "evaporated." Law school seemed a reasonable alternative "since I was doing legal history anyway" and the employment opportunities seemed much greater with a law degree. After law school Kannar got a clerkship in the U.S. Court of Appeals for the 2d Circuit "because people in law school said 'If you want to get a teaching job, get a clerkship!'" Kannar then became a Marvin Karpatkin Fellow in Civil Liberties Liti- gation of the ACLU. In what he calted, "simply the most wonderful job in law," Kannar served as one of thethreeACLU lawyers with primary responsibility for civil liberties litigation in the United States Supreme Court. This led to his staff pos- ition with the ACLU. Kannar divided his teaching interests along three general lines. The intellectual history of modern legal thought remains an interest ofhis. A second area of interest is the substantive side of civil liberties and constitutional litigation, which reflects his experience in constitutional law, civil rights and civil liber- ties issues. While practicing law, Kannar developed a very serious teaching interest in a third area, what he called the "hard technicalities" of practicing law civil procedure, criminal procedure, criminal law. Federal courts, and evidence. "Every society has to have some mechanism for doing justice in individual cases," said Kannar. "Civil procedure raises very interesting theoretical questions about how you structure that kind of decision." When asked "Why Buffalo?" Kannar responded that hefeels comfortable with the pedagogical style here. "What's special — continued on page 3 . �Top SBA Officials Propose Spring Election by Peter Scribner The top officials of the Student Bar Association would be elected in spring semester elections under a proposal to be voted on by the student body in a referendum on March 3 and 4. The proposed change to the SBA Constitution would result in two annual elections for the SBA Board of Directors. The President, Vice-President, Treasurer and Secretary would be chosen in an election held in late spring, while the 18 class directors (6 directors for each class) would continue to be elected shortly after the start of fall classes. Currently all Board members including officers are elected in the fall. If approved, the changes would go into effect immediately, and elections for next year's SBA officers would be held this April. Proponents of the change cite three advantages. First, the SBA would have its new officers in place before summer. . Various SBA functions that re- quire approval by officals, such as money vouchers, would not come to a stand still as is often the case under the current system. Second, the outgoing leadership would be available to train newly elected officers before they take over. According to the proposal, the spring elections would be held between March 1 and April 20, and the newly elected officers would take over at the lastSBA meeting of the year. Finally, by separating the election of officers from the directors' election, students who are unsuccessful in seeking election as an officer in the spring would be eligible to seek election as a class director in thefall. Currently, unsuccessful officercandidates are unable to be elected to theSBA that year. The chief disadvantage of the proposed change is that incoming first year students would not be able to vote for SBA officers. It is assumed by proponents that most new stu- dents are so unfamiliar with the law school that they are not likely to be able to cast an informed vote for SBA officers. The proposed changes would also allow third year students who plan on graduating one semester early to run for any SBA office. It was pointed out that all enrolled students are eligible to participate in all stu- dent funded activities; therefore, early graduating Seniors cannot be deprived of the opportunity to participate in SBA elections. The proposal calls for extensive changes of Article 3 of the current SBA constitution, which deals with elections. The full text of Article 3, as well as the text of the changes, is reprinted in this edition of The Opinion. The change to spring elections is the first of several SBA constitutional changes to be considered this spring. Ironically, the current Constitution contains no provision for amendments. The plan to present the spring electionamend- SBA Funds Rival Talks by Peter Scribner The Student Bar Association found itself in the middle of a University controversy after two rival student organizations asked for funding for speakers on the subject of academic freedom. On February 5, the GraduateStudents Association (GSA) received some funding to help pay the cost of sponsoring a presentation by Michael Parenti, an opponent of the controversial conservative organization Accuracy In Academia (AIA). One week later, a representai ye of the Undergraduate Student Association (SA) came to the SBA for funding of a rival presentation. The SA is sponsoring a debate between John Leßoutillier, President of AIA, and Bertlle Oilman, a representative of the American Civil Liberties Union. AIA has received national attention over the past few months concerning its program of secretly monitoring university professors for "liberal bias." Some AIA monitoring has taken place here at ÜB. GSA is strongly opposed to the AIA monitoring, and invited Or. Parenti to make his presentation here on Friday, March 21, in Knox Hall. Parenti, currently a political science professor at CUNY Brooklyn, has written extensively on what he sees as political repression in the academic world. GSA choose to sponsor an opposing representative from AIA because they did not want to "legitimize their position," according to Oscar Bar- Kannar Visits continued from page 2 about Buffalo," he said, is the orientation toward legal questions as well as the memorized rules of doctrine. "It's not the only place and there are a lot of other places going in that direction," said Kannar, "but Buffalo clearly was here first, and clearly, the sense of the community here is that it's the right thing." tochowski, the GSArepresentative who talked to the SBA. The whole cost of the presentation is about $850, of which SBA provided $100. The SBA provided this funding despite some concern that the'GSApresentation would be "onesided." Other sponsors include SASU, Women in Communications, and the GraduateSenate. TheSBA was surprised to discover at its next meeting that a second presentation on the subject is being sponsored by SA, and that the two presentations appear to be rivals. Dave Grubler, the representative of the SA's Speaker's Bureau, said that SA wanted a more balanced discussion of this emotional issue, and therefore was sponsoring the debate. The total cost of the debate will run over $4,000, mostly for speaker's fees. SBA discussion about funding this second event indicated a worry that the Law School was being put in the middle of a University controversy, and that in hindsight it might be a bad precedent to fund University speakers with limited SBA funds. Nonetheless, since the GSA presentation was already funded, it was thought appropriate that the SA debate get something, and so $50 was approved. The SBA was also ap- proached by John Crawford of the Graduate History Society and asked to help fund the "Almost the Third Annual AntiCensorstiip Film Festival". This presentation, scheduled for March 13 in Knox (admission free), plans on showing three films: "E", a cartoon about a world in which the E's are disagainst; criminated "The Front", a film about early 50's Hollywood blacklisting staring Woody Allen and Zero Mostel; and "Prairie Fire", a documen- tary about anger in the farm belt. The SBA unanimously agreed to contribute $75 toward the estimated $400 cost of the event. Art Scinta of the Federalist Society asked for and received $75 from the SBA to help pay for the cost of several students attending a Federalist Symposium at Stanford University in Palo Alto, California. In contrast to some previous SBA dealings with The Federalists, there was no opposition to this request. George Villegas requested and received $75 from the SBA to help fund his trip to Chicago at the end of the month to attend a conference on the legal aspects ofAIDS. This is the sec- ond of three national conferences on the subject, and Vlllagas promised to put on a presentation at the Law School about the subject when he returns. He also is arranging to make the conference materials available in the library. The total cost of the trip is $455. Joe Jarzembek also asked the SBA to provide $75 to help fund his trip to an environmental law conference in Washington D.C., which he was leaving for the very next day. The SBA approved the request without opposition. The Federalist Society BAR/BRI RAFFLE DRAWING will be held TODAY in front of the Library at 12:15 (Secondary Prizes will be awarded.) ment to the students for approval in a referendum, therefor, comes from the current SBA and not from the Constitu- tion. An amendment to allow constitutional amendments will be one of the changes SBA will consider this spring. Others include some modifications of As reported above, the Student Bar Association is propos- ing that SBA officialsbe elected in the spring rather than thefait. The student body will vote on this proposal on March 3 and 4. Below is the complete text of the portion of the current SBA Constitution dealing with elections, followed by the text of the changes proposed: Artida M. Board of Directors Section 1: The Board of Directors of the SBA shad consist of four officers: The President, Vice-President, Treasurer and Secretary, and eighteen directors, six from each class. These officers shall perform the duties prescribed by this Constitution and the documents established under the authority derived therefrom, and by the parliamentary authority adopted by the SBA, and in a manner prescribed therein, or be subject to such disciplinary procedures as may be established under the authority of this Constitution. Section 2: Any SBA member not scheduled to graduate by the start of the semester succeeding his election may become a candidate for a position onthe Board of Directors by submitting a petition containing the appropriate number of valid signatures of membersof the SBA, providing that such petition is received by the SBA Office at least one (1) full week in advance of the election, under procedures set forth in the By Laws. 1.Any SBA member may become a candidate for a position as a Director representing his class by submitting a petition containing the valid signatures of at least ten (10) percent of his class. 2 Any SBA member may become a candidate for President, Vice-President, Secretary or Treasurer by submitting a petition containing the valid signatures of at least ten (10) of the members of the SBA Section 3: The Board shall be elected by secret ballot under election procedures set forth in the By-Laws in an election to be held no later than fifteen (15) class days after the first day of classes in the Fall. 1. Directors shall be elected by a plurality of votes cast by their class. Should there be a tie vote for the sixth position, then all those individuals who shall have received the number of votes sufficient to place them in the tie shall participate in a run-off election to take place no more than twelve (12) class days after the original election. There shall be no write-in votes permitted in the run-off election. 2. The President, Vice-president. Secretary and Treasurer ofthe SBA shall be elected by a plurality of the votes cast for candidates for each office by all of the members of the SBA, provided that the plurality includes at least onethird (V3) of the ballots cast in that race, no later than the Friday of the second full week of September. Should no candidate receive the required number of votes, then all candidates receiving at least twenty-five (25) percent of the votes cast in that race shall be eligible to participate in a run-off election in which the candidate with the greatest number of votes shall be declared the winner. Should only one candidate receive at least twenty-five (25) percent of the votes cast after the first election, then that candidate and the candidate receiving the next the powers of thePresident and Vice President provisions for the temporary substitution of incapacitated SBA officers (the Todd Butlard situation), and modification of the system of choosing committee members so that the Constitution will reflect current procedures. highest total of votes for that office shall participate in the run-off Should no candidate receive at least twenty-five (25) percent of the votes cast in the election forthat office, then the newly elected officers shall by a vote of two-thirds adopt a procedure specifying who shall in no case take place more than twelve (12) class days after the original election. 3. In 1980, elections shall be held on February 28 and 29, for a term of office running until September 1980, during which month the regular September elections shall be held. Section 4: Term of Office 1. The term of office of first and second year directors shallrun until their successors are duly installed. 2. The term of third year directors shall run until the day of graduation of the spring semester. 3. The term of office of President, Vice-President. Treasurer and Secretary shall run until their successors are duly installed. If any of the officers graduates at the end of the spring semester during which they hold their office, a successor shall be appointed under the provisions of Article 111, Section S. Proposed Changes Section 1: No change Section 2: (It has been suggested that by not allowing all students who have paid their student activity fees for the current semester to run for any SBA office, we are in violation of the SUNY rules for student organizations. We would therefore eliminate the "who is not scheduled to graduate" clause, and rearrange the remainder as follows.) Section 2: Eligibility of Officers 1. (No change) 2 (No change) 3. Candidate petitions must be received by the SBA office at least one (1) full week in advance of the election underprocedures set forth in the By Laws (NOTE: Compare to last two lines of original introductory paragraph at bottom of page one of present Constitution ) a Spring election for the Executive board, and a Fall election for the other members of the Board of Directors.)The board shall be elected by secret ballot under election procedures set forth in the By Laws The President, Vice President, Secretary Section 3: {We suggest and Treasurer will be elected in the Spring Semester between March 1 and April 20 Other members of the Board of Directors will be electedin the Fall semester, within thirty (30) days of the first day of fall classes. The elections will take place over two consecutive school days. 1. (No change) 2. Eliminate "no later than the Friday of the second full week ofSeptember" in lines 4and 5. 3 (New) Only students not scheduled to graduate at the end of the spring semester will be entitled to vote for the President, Vice-President, Secretary, and Treasurer. 3. (Old) Delete this whole paragraph Section 4: Term of Office 1. Substitute "elected" for "installed " 2. Change "the day to graduation of the spring semester" to "the day they graduate. (See Article 111, Section 2 above.) 3. First sentence would remain unchanged. The second sentence would be eliminated as redundant. ADD: Installation of the newly elected Executive board would take place at the last SBA meeting of the Spring Semester. jfttlqQ HboUMb 11/WMlf SPECIAL! FOR STUDENTS & faculty inragSig) With this ad... PACKAGE OF 50! Includes Matching Blank Sheets •• 50 50 Matching Blank Envelopes Typeset 1 pg. resumes (8 1/2 x 11, black ink) • CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE SAVE $5.00 NOW Save this coupon. 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For more information call Lt. Joseph Coolican at (716) 846-4911 I 4913 or 1-800-FOR-USMC, and ask for the Officer Selection Office. i iiniitniNiniiini 4 The Opinion February 26, 1986 mum iiiiiihiiiiiiwiiuhiii miiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii �Gay Students Encouraged to Exit Closets by Brett Gilbert I Every time attend a Gay Law Students Organization (GLSO) meeting I experience the most contradictory emotions. On the one hand, I am happy that there is such an organization like GLSO at our law school and proud that I am considered a colleague to such a fine group of people. On the other hand, I find myself getting extremely upset and angry over the fact that only a portion of the total gay law student population attend the meetings. I continually ask myself why more gay law studentsdo not exit their dusty and degrading closets to assume and accept a gay person's social responsibility. GLSOis an organization dedicated to the futherance of the intellectual, social, and emotional needs of its members, as well as to producing a heightened awareness amongst the general law school population concerning the social, political, and legal status of lesbians and gay men in our society. Toward this end, GLSO is involved in a variety of activities and services. For example, since the fostering of a sense of group solidarity is important to any minority organization, GLSO sponsors a number of open houses and pot-luck dinners so that members can come together and talk aboutthings that concern them. In addition, these gatherings attempt to give first year students access to some of the intellectual and social experiences of second and third year students. GLSO also subscribes to a wide variety of periodicals concerned with the political and legal struggles of the gay community. This great resource, which was largely ignored during therecent MootCourt competition (half of the Moot Court problem dealtwiththe constitutionality of laws proscribing sodomy) vastly supplements the lack of similar material in the law school library. GLSO is aware of its responsibility to reach out beyond its immediate membership in an effort to encourage discussion within the general law school population of issues relating to gay rights. On April 7, Mary Dunlap, a noted California attorney and truly exceptional speaker, will speak here at the law school. Ms. Dunlap, who spoke here last yearfor theMitchellLecture Series event, wrote a brief for the current Supreme Court case of Hardwick v. Bowers a case challenging a state's power to prohibit private, consensual sexual activity. She is an — energetic, dynamic speaker and I encourage the entire law school community to attend what will surely be the speaking engagement of the year. Finally, GLSO attempts to make funds available to both members and non-members to attend national conferences which focus upon issues concerning lesbians and gay men. There are two or three conferences coming up between now and May, and we hope there / continually ask myself why more gay law students do not exit their dusty and degrading closets to assume and accept a gay person's social responsibility. will be enough funds to help those who wish to attend. Conference participants are always asked to"present papers or talks of the conference to the membership. Sounds like a good organization, no? I think so. However, if we stop to consider that about 10% of the population is gay (a conservative figure), and that there are about 800 law students at ÜB, then there is every reason to believe that thereare, at least, 80 gay law students here in our midst. I can tell you one thing, 80 people do not show up at GLSO meetings. As I said before, I continually ask myself why this is so. I suppose there are a number of explanations for this phenomenon. First, these 80 gay law students might not know of the existence of GLSO. However, speaking from personal experience, I can assure you that even those gay people who are securely fastened in their closets become aware of groups whose membership is predominantly homosexual. A second explanation is apathy. Yes, these 80 people know about GLSO, but they just do not care about such activities. However, I would prefer to believe that it is not a matter of them not caring, but rather, it is a matter of being afraid to care. This leads me to a third and what I consider to be the most probable explanation of the nonattendance of most gay law students at GLSO meetings; that is, most gay law students fear coming out of their closets. It is difficult to speak of such issues. Most of us are aware of the social and legal discrimination which visits a know homosexual and are thus sympathetic to appeals which look kindly upon homosexuals who keep their sexuality hidden from the world. However, I would like to argue for the proposition that, on balance, it is politically and morally unjustifiable for a homosexual to remain closeted. I would guess that most people consider a person's sexuality a private matter. It should be up to the individual to decide whether or not to disclose this intimate fact about herself to everyone. It is thought that this right to privacy descends from the heavens, it is a fixed principle, ready to be applied to any situation as it arises. However, such a view of morality is skewed for it ignores social realities and the goals of social struggles. To be sure, this right of privacy to keep one's sexuality to oneself is not conducive to the liberation of lesbians and gay men. For every gay person who stays in his closet, the enemies of gay rights are able to claim a victory. They are able to claim that their view of homosexually as a disease, as something to be ashamed of, something not to be spoken of or shared in public, is the correct view; after all, even homosexuals agree with this since the vast majority of them keep quiet. This is what a principle of the right to privacy does here. It perpetuates the notion that homosexuals are an inferior class of people who deserve to be discriminated against. If, however, we begin with the goal of gay liberation, rather than the abstract, ideal principle of a right to privacy, we can see that the creation of a social responsibility, not to keep one's International Law Society Discusses Plans, Goals The International Law Society is an organization oflaw stu- dents who share academic and career interests in the field of international law. It is the intention of ILS to promote student interest in international law by encouraging discussion of human rights and international disputes. Our second goal is to create a greater understanding of the relationships among peoples and nations. Since the society's inception, ILS has aimed at accomplishing these goals. The society has sponsored several activities during the school year to promote awareness of other nations and how they interact in the legal sphere. Traditionally, as in this year, the society begins the autumn semester with a buffet lunch of international dishes at interna- tional law professor Virginia Leary's house. ILS then conducts other programs relating to both the cultural and political aspects of international law during the rest of the year. During the fall semester members of ILS attended the twelfth annual International Law Weekend and the 1985 International Law Weekend. In the former, members met with representatives of numerous international law-related firms, agencies and organizations on formal and informal bases for information on employment opportunities. The program included a variety of sessions and seminars concerning research and study in the fieldof international law. The 1985 International Law Weekend was comprised of programs of professional panels and student workshops. The program included discussions on the current situation in South Africa, terrorism and counter measures, the InternaConvention, tional Sales investment foreign after Bhopal, and many other issues of major concern. This spring ILS will be sponsoring a film festival featuring classics and documentaries from around the world. A fundraiser and elections will be held later this semester. ILS also provides information for law students interested in study and work abroad. All law students are invited to join ILS. For further information contact Robin Miller, box 176, or Elvin Williams, box 268. The ILS office is located on the first floor of O'Brian in room 113. sexuality to oneself, but to publicize it, announcing it to all, op- define poses the mistaken belief that being gay is something about which one should be ashamed. The social reality of discrimination against gay people and the social goal of ending that discrimination is what should our moral respon- sibilities. To put it simply, there is a moral and social responsibility for every gay person to come out of their closet because such a moral principle will be a tool in the struggle for liberation. continued on page 13 Federalist Society Has Active Year The Buffalo Federalist Soci- ety is one of nearly 60 chapters of a national organization of conservative law students that seeks to foster an understand- ing of principles of federalism. The Federalist Society of Law and Public Policy is dedicated to the belief that individualfreedom is best insured through a de-centralized federal (as distinguished from national) government limited in effect to cer- tain enumerated purposes and operated through a system of distinct and separable powers. The Buffalo chapter has enjoyed an active year, after being founded just two years ago; and an even more active year lies ahead. Memberhip in the organization has reached an alltime high of nearly thirty-five and an extremely active core group of about 20 members. This significant rise in member- ship has allowed the Federalist Society to undertake more activities, making it (in the words of one SBA officer) "the most active organization in the law school." After a well-attended debate last spring between then Harvard professor William Kristol Assistant Secretary of Education) and UB law profes- needy was launched last semester. Thanks to the generosity of the law school community, the Buffalo City Mission received nine large boxes of clothing and food in time for the holiday season. We hope that this effort can be done annually and result in even greater expressions of individual good will. The generosity of the BAR/ BRI review course company has allowed the Federalist Society to actively enhance our otherwise rather meager budget. The sale of raffle tickets for a $500 credit off a BAR/BRI course has netted the organization some $300. The funds will be used in large part to fund a fine reception after the Polovchak debate in April. Many thanks to all who purchased tickets. Several Federalist members are eagerly awaiting the annual national symposium of the Federalist Society. This year the event will be held at Stanford University Law School and will feature three days of debate and discussion on the First Amendment of the United States Constitution. Speakers will include Judges Bork and (now Scalia from the D.C. Circuit, sor Jacob Hyman, on the future ofcivil rights adjudication in the Supreme Court, the Federalist Society continued its dedication to lectures that benefit the entire law school by hosting Dr. Daniel C. Heldman of the National Right to Work Legal Defense Foundation last semes- Seventh Circuit as well as legal scholars John Hart Ely of Stanford, Richard Epstein of Chicago, Lino Graglia from Texas and others. For those not able to attend, audio and/or vis- ter. Currently, the Federalist Society is planning a debate on the nationally-known case of In Re Walter Polovchak, which involves a twelve year old Soviet boy who sought asylum from the United States government. The Chicago ACLU represented the Polovchak parents, while Professor Henry Holzer of Brooklyn Law School represented Walter. The debate will be the first ofits kind outside the courtroom and will be held April 10th at 3:45 in the Moot CourtRoom. An effort dubbed "The Federalist Initiative" to raise food and clothing for Buffalo's Judge Easterbrook from the ual recordings will be brought back to Buffalo. Last Thursday, the Buffalo Federalist Society held its annual elections. The new execu- tive committee of the organization is composed of: Marty Pelcin. Chairman; Regina DelVecchio. Secretary; Paul Fallon, Treasurer; Mike Murphy and Ken Neeves, At-large delegates; and Art Scinta, Past Chairman. The outgoing officers wishthe new officers every success in the upcoming months. Lastly, we wish to express our thanks to the SBA which, under the leadership of Lori Cohen, has transformed itself from past years into a more tolerant and representative government body. NEED RESUMES IN A HURRY? Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive (oil SweetHome Rd. • Tn. Amherst, NY 14120 between No. French A Tonawanda CreekRd.) (716) 691-7480 Quality • Dependability • Fast Service • ModeratePrices February 26, 1986 The Opinion 5 �Environment Conference Urges Activism by Lisa Strain Environmental Law Society "Thanks to the visions of Rachel Carson we began to confront a planet endangered with self-contamination" and "environmental protection is an interest for all who live on this planet," Governor Mario Cumo declared in a keynote address at the annual Environmental Law Conference of February 13-15 in Washington, D.C. The Conference was part of the 16th Annual American Law Institute-AmericanBar Association Course of Study program and was co-sponsored by the Environmental Law Institute and the Smithsonian Institution. Referring to Rachel Carson's book The Silent Spring as the foundation of the environmental movement, Cuomo said that in the fifteen years since Silent Spring, "the law has become the strongest protector of our environment." Speaking of environmental protection as a "moral obliga- tion," Cuomo listed what he considered to be two of New York State's worst environmental problems: acid rain "already 200 lakes are too contaminated to hold fish, and more study is not needed, more action is needed" and hazardous waste "it will be difficult for us to undopast negligence." He cited the past three years' largest staff increase in enforcement ever for the State Department of Environmental Conservation as the start of progress, as well as measures like banning the use of hazardous substances like chloridane. Cuomo also called for the need to push the $1.45 million Environmental Quality Bond Act, which if passed would be used mostly to remediate hazardous waste sites within the state. Cuomo also called the federal Superfund, a national program — — to clean up hazardous waste sites throughout the United States, "a mere shadow of its potential," referring to the program's approaching bank- will be up for reauthorization soon and Cuomo urged the two Houses of Congress to "agree quickly to refinance Superfund. The other keynote speaker at the conference. Lee Thomas, Administrator of the Environmental Protection Agency, emphasized the agency's focus on the basic goals of statutes like the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act (RCRA) and Superfund. Thomas cited the problems of ozone erosion, control of hydrocarbons in the air in large metropolitan areas, toxics control, and the continual process of permitting for toxic waste sites. Thomas said some of the new emerging issues in environruptcy. The program mental law are the biotechnology in pesticides program, and the presence of radon in indoor air. "Radon may be one of the greatest public risks we face today," Thomas said. He also said that there's a great need for a "supportive and informed public" and that "we have strong environmental law in this country but it's be- coming more and more difficult to sell the public on the implementaion of all of these laws." The conference included a series of panels comprised of environmental noteworthy speakers on a widerange of en- vironmental issues like the federal Superfund, RCRA and Hazardous and Toxic Wastes Law, Toxic Torts, Clean Water and Air Act developments, and current developments in the National Environmental Policy Act (NEPA). Other topics covered were the environmental aspects of municipal land use regualtion, the increase in environmental litigation, and citizens' suits brought as a means of private enforcement of federal pollu- tion control laws. J. William Futrell, President of the Environmental Law Institute, spoke of the Westway op- ponents' recent victory in court. He said that the ruling in favor of a landfill and dredge permit (granted to allow construction to begin on the westside New York City highway) was "arbitrary and capricious". "The ultimate place to win environmental conflicts in this country is on the floor of the House of Representatives," Futrell said. "The environmental movement has no Ralph Nader, and Westway is an indication of the continuing environmental movement in the 80s." New York's Captive Wild Animal Protection Bill; Will It Increase Fowl Play to Feathered Friends? by Melanie Collins, Environmental Law Society In 1985, the passage of restrictive legislation prohibiting the importation of wild animals into New York State was signed into law by Governor Cuomo. The model law, entitled "Captive Wild Animal Protection Bill," was developed by the Humane Society of the United States (HSUS). All members of the animal kingdom are included except for specified creatures such as domestic forms of cats, dogs, goldfish, horses, barnyard animals, hamsters, guinea pigs, white mice, rabbits and insects. Basically, however, this law will have the greatest effect on the importation of wild birds. Unless the law is modified, no wild birds will be sold legally in the state of New York after May 1986. Needless to say, this hascaused great storm clouds in the area of aviculture. Aviculturists claim that a bird in captivity which is properly cared for is free from natural enemies, is guaranteed a regular and nutritionally complete diet, is able to raise ten times as many young as it would have in the wild, and has a much longer life expectancy. The HSUS, on the other hand. ous consequences. For1©lose who get caught, the penalties for smuggling birds are practically insignificant. are shot because they are considered a public nuisance. Smuggling in Australia is very profitable if you can get away with it. It is usually done at night by boat; unfortunately, those smugglers who get overtaken by patrol boats usually just ditch their birds overboard to avoid being caught. While visiting GrandCayman last Easter, I was amazed at how many of the Grand Cayman Amazon, the resident endangered species, were in cages as private pets. I did not see any attempt at breeding of the species by private citizens; most people did not seem to know that the parrot was en- And increasingly, dangered. claims that ninety percent of birds are dead within the first two years of captivity, the most owners are totally ignorant of a wild animal's needs, and that it is "cruel to cause them to engage in unnatural behavior." I have several reactions to the "Captive Wild Animal" bill. First, I am concerned that restricting all importation of wild birds is going to increase very shortsighted. Obviously, they will just ship their birds to another state. Unless this plan is national in scope, it is going to do very little to stop the number of birds which are being imported into the United States. To the best of my knowledge. New York is the only state so far to adopt such a bill. It has been defeated in several other states. smuggling. Smuggling exotic birds is turning into as profitable a business as the smuggling of narcotics with far less danger- smugglers are teaming the two "businesses" together. Smuggled birds pose a very hazardous health threat to poultry farmers, since one bird carrying Exotic Newcastle Disease can infect thousands of chickens and poultry. Other diseases which they may carry are Pachecos and Ornithosis, the latter being contagious to humans. Second, HSUS seemsto think that by restricting the passage of birds into New York State, exporters will actually ship fewer birds out of their natural habitats. Frankly, I think this is As far as owners being totally ignorant of a wild animal's needs, an ignorant pet owner will remain ignorant regardless Third, HSUS is mistaken in thinking that a bird's needs are always "best met in their natural habitat." In Australia, for example, where they have the policy of "no birds in, no birds out," rose-breasted cockatoos which go for $1500 apiece here of whether the animal is wild or not. A domestic animal does not have the distinct advantage of being able to tell you what its needs are any more than a wild animal does. Those who wish to remain ignorant will; those who wish to discover the pet's needs will do so no law is going to change that. There are just as many books and magazines published about the care of parrots as there are — about dogs and cats. Someone who has has just spent $750 on a parrot is not about to let it starve. Also, in response to another of HSUS's claims, how "cruel" is it to cause them to engage in "unnatural behavior"? Is it any more cruel to teach your bird how to say "hello" or ring a bell than it is for you to teach your dog to beg or roll over? Ideally, of course, it would be best to buy a captive-bred bird instead of an imported bird. However, for most people, this would usually mean the difference "between being able" versus "not being able" to afford a parrot. For example, an imported umbrella cockatoo (usually imported from Indonesia or the Moluccan Islands) will sell for anywhere between $300 and $750, depending on whether you buy it from a wholesaler or a pet store. A captive bred bird, which is usually hand fed, will sell for $1000 to $1500. The end result will be that only the rich will be able to afford to buy exotic birds. Some people will still beable to buy wild animals, but first you must secure a permit from the appropriate governmental continued on page 15 Fellowships in Environmental Law Available by David Platt and Rachel Roth, Environmental Law Society various campuses, extension offices throughout the state, and a legal center here at Buffalo Law School address issues confronting Great Lakes and marine coastal districts. The legal center consists of the director.Prof. Robert I. Reis, a staff attorney, Kevin Brown, and two Sea Grant scholars. The goals of the center are twofold: and educational component carried out through the New York State Grant Institute Extension service, and a research component designed to address complex legal issues. Sea Grant scholars, working closely with Prof. Reis and Kevin Brown, carry out research and writing duties associated with both compo- The New York Sea Grant Institute will again be offering two 6 month fellowships running from June through the end of November. If you are interested in environmental and natural resource law, you should consider applying for this fellowhsip. These positions gram was established by Conmer, part time during the fall semester, and include a tax free stipend of $3375. The National Sea Grant Program was established by Congress two decadesago to promote the wise use of coastal and marine resources. New York adopted its.Sea Grant Program in 1969 as a consortium of the nents. SUNY system and Cornell UniThe 1985 Sea Grant scholars versity. Research facilities at 26,1986 February The Opinion 6 began their summer researching an article authored by Prof. Reis, entitled "Outshore Boundaries," concerning the development of condominiums and "dockominiums" on valuable coastal property. This article details the ownershiprights associated with reparian property, the conflicts which arise between or among adjoining landowners concerning development of those resources, and the interactions between riparian owners and public agencies. The scholars next participated in a Sea Grant cooperative project involving the revi- sion of the "Land UnderWater" chapter of Warrens Weed New York Real Property Law. This project gave both scholars the opportunity to co-author parts of the chapter. Each scholar, in addition to working on joint Sea Grantprojects, is given the opportunity to carry out independent research. These projects range from informational articles for Coastlines, a quarterly publication of the NewYork Sea Grant Institute, and other journals, to intensive scholarly articles on a variety of subjects. The 1985 scholars are currently completing two such long-term projects: one concerning ecological servitudes, a form of environmental regulation stemming from the commerce clause reflecting a growing awareness of environmental problems, and another on the high water mark asthe public-private boundary which describes the complexities as- sociated with this ambulatory and conceptual interface on naviagable waters. A Sea GrantFellowship offers valuable exposure to the law student.Interaction with faculty and other legal professionals, the sharpening of legal research and writing skills, and extensive exposure to environmental/natural resources is sues are just a few of the benefits. Applications for the 1986 Sea Grant Fellowships will beavailable in late February. Please contact Prof. Reis, the Sea GrantOffice (Rm. 408), or either of the authors if you have any questions regarding the Sea Grant Program. �Summer College Work Study Program by Kathy Peterangelo-Johnson Many of you have inquired about the Summer College Work-Study Program. Hopefully, the following will give you all the information you might need regarding this program. As you probably know. Summer College Work-Study (CWS) is designed to provide students with some summer money to be used to pay school-year bills. ship Service by the March 15th deadline. The second form which you must submit is a Summer Work-Study Application. These forms will be availablebetween March 1stand March 17th at my office (314 O'Brian) and the campus employer. Work-Study Office at 232 Capen. The completed form must be received on or before the March 17th deadline and should be returned directly to the College Work-Study Office. In addition, remember that you must have Financial Aid Transcripts on file with the University for each post-secondary school you attended, whether you received financial aid or not. You cannot be considered for Summer Work-Study if this form is not on file. If you just requested that your former schools send out the Financial Aid Transcript, check back and To be considered for Summer CWS you must file two forms on or before posted deadlines.The first is the Financial Aid Form (FAF) you know, the form I've been hounding you about since December. This form must have been received by the College Scholar- confirm that the form was indeed sent out. How much'c'an you expect to be awarded if you qualify? The Summer Work-Study awards generally range between $500 and $1000. If you are granted a Summer College Work-Study award you will be notified by The funding for this program is derived from two sources. Eighty percent (80%) comes from the federal government. The University receives an annual allocationwhich is primarily used during theschool year, with some funds set aside for the summer. The other twenty percent (20%) is contributed either by the school, in the case of oncampus workers, or by the off- - Maybe there is a substitute for the Financial Aid Office sometime in May. We will not know how much the actual awards will be until that time. If you should decide to accept your Summer Work-Study Award, you will be contacted by the Work-Study Office to arrange your job placement and First, you can stop working. Second, you can continue to work on a voluntary basis. This option may work out well if your main concern is getting experience at your place of employment. Third, you may be able to persuade your employer to pay you for your continued You should be aware that you may take your Work-Study award out-of-state. Again, a employment. Many employers are willing to retain you on their own payroll after you have reached your Work-Study award limit. (Note: this would require the employer to assume 100% contribution toward your wage as compared to the 20% contract must be in existence between the University and the employer. The only requirements for establishing a contract (both in- and out-of-state) are that the organization must be non-denominational and non-profit. So, if you are interested in applying for Summer College Work-Study, make sure your FAF was filed on time and that all of your Financial Aid Trans- requirement under the CWS program). Of course, your options may be limited depending on where you are working. As you may know, you have a good deal of input as to where you will be working under the Financial Aid Advisor Kathy Peteran- geto-Johnson. Photo In Paul Hammond to set you upon the Work-Study payroll. Students are generally paid at minimum wage and will work approximately 40 hours a week, Once you reach your award limit, you will have three options. cripts are on file. Most importantly, don't forget to pick up a Summer Work-Study application, available between March Ist and 17th at my office and the College Work-Study Office (232 Capen). The deadline is College Work-Study Program. Both on- and off-campus positions are available. If you are interested in working for an offcampus employer under the CWS program you should contact the Work-Study Office to check if your prospective employer has a contract with the March 17th. Student Loans in Jeopardy On February 5, President Reagan released FY '87 budget for Congressional review. The changes proposed for the Guaranteed Student Loan program are particularly harsh and will cause the virtual destruction of the program. Forthefederal Title IV grant and campus- based programs, the President's proposals would reduce aid to New York State students by over 26% from current levels. The President's budget calls for major structural changes in the administration of the Title IV programs. The combined effects of less aid for students and the proposed restructuring offi- nancial aid programs would create major problems in the current student aid system. The changes proposed for the Guaranteed Student Loan program are so radical pocket costs. Congress is reviewing the President's proposal and must act on it, along with the accompanying legislative detail, be- and.make the program so unattractive to lenders that many will withdraw due to substantial losses of income and new risks with regard to defaults and interest rates. Also, schools would lose administrative allowances, have to increase matching funds for campus-based programs, and deal with more complex administrative procedures. In addition, students will be subject to stiffer eligibility requirements and larger out-of- New Professor ulty candidates are vying for the two positions. In the order that they visited the law school, those candidates are: Assistant U.S. Attorney James Kainen; Yale University professor John Donohue; ACLU attorney, George Kannar; Wisconsin Supreme Court law clerk Kirn Crenshaw, and University of Wisconsin law professor David Trubeck, the husband of dean candidate Louise Trubeck. Schlegel said that the Faculty ranked the candidates in order of preference, but he declined "ibaibscribe^ mail - ■ ■ Name I I■ | 26:11 26:12 (Onion) 26:13 27:1 The Will Street Journal,200 Burnett Road, Chicopee, MA 01021 Or to: yearof TheWall Street Journal for $63 a saving of$44 off D Send me one ■' subscriptionprice. the tegular DSendmelsweeksfors26. —— Student I.D.tt Address— D ftiyment enclosed. — State City^ D Bill me later. — Z'P I School. II S. By placing your ThMf oricn are vulid (ora tailed time/or ilwknli m\jinthecontinental to verify the enrollment information supplied above, TT,e Wall Street y™ 1 ordS aXriie Wnal Street Journal. TheW&U Tlvihiihdinnit(theAmerica,! dnwn. j 'MSrtnVrf.lOM j | Crad. Month/Year ;4SMC ' to disclose how they were ranked. "We are hoping to increase the number of full-time faculty by two," Schlegel said. "Whether or not we can, or if we do, will get played out in the next two, or it may take four, weeks." Schlegel also noted that unlike Tiiuronyi, who was specifically hired as a tax professor, the two additional professors were not being sought to teach any specific area of law. Next month, the Faculty will turn its attention to the dean fore any of the President's pro- posals can be implemented. I encourage you to use this review period to contact your elected representatives and ex- press your opinion of the pro- posals. If you have questions or would like additional detail, please contact Dolores E. Cross at the New York Higher Education Service Corporation at (518) 474-5592 or Mr. Peter Keitel, Executive Vice President, at (518) 474-5775. • •• ■ • continued from page I search. Questioned why the Faculty has over the past two months been exclusively concerned with faculty appointments, rather than with the seemingly more important dean search, Schlegel responded, "Organizations are geared to think about one thing at a time. "With the Faculty, only-one thing at a time is usually on the table. For the past month it has been faculty hirings," Schlegel said. "The dean search is next." The Opinion schedule for the 1986 Spring Semester is as follows: Date of Copy ' Deadline* Publication Layoutt Issue Subscribe toThe Will Street Journal, and enjoy student savings of up to $44. Thafs quite a bargain, especially when you consider what it really represents: Tuition for thereal world. II Info University allowing for off-campus jobs with his or her firm or agency. The contract merely stipulates that the employer agrees to pay 20% of your award. If there is no contract on file, itis possible to set one up. I I I j K^t^J M0n.,3/3 M0n.,3/17 Tues.,4/8 M0n.,4/21 Thurs.,3/6 Thurs.,3/20 Thurs.,4/10 Thurs.,4/25 Wed., 3/12 Wed., 3/26 Wed.,4/16 Wed., 4/30 "Deadline is 12:00 noon. tLayout will be in The Opinion office. Room 724 O'Brian at 5:00 p.m. All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office. Room 724 O'Brian Hall, or in mailbox #754. February 26, 1986 The Opinion 7 �OPINION fIUS STATEUNIVEKSITT OF NEV YORK AT BUFFALO SCHOOLOF LAW February 26, 1986 Volume 26, No. 10 Editor-in-Chief: Victor R.Siclari Managing Editor: Jeff H. Stern NewsEditor: Paul W. Kullman Features Editor: Timothy J. But vid Business Manager: Harry Bronson Photo Editor: Paul F. Hammond Layout Editor: Production Editor: Contributing Editor: Kevin O'Shaughnessy Charles E. Telford Peter Scribner Staff: Idelle Abrams, Dave Chapus, Sue Clerc, Diane Dean, Michael Gelen, Krista Hughes, John K. Lapiana, Melinda K. Schneider, Amy Sullivan, Dana Young. Contributors: Alberto Benitez, Melanie Collins, Victor J. D'Angelo, Brett Gilbert, Jerry O'Connor, Cathy Papas, Kathy Peterangelo-Johnson, David Platt, Raul Rodriguez, Rachel Roth, Lisa Strain. ® Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It isthe studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials: Dean Selection Committee Repeats Past Mistakes Exactly one year ago. The Opinionran an editorial criticizing theLaw SchoolDean Search Committee for its sluggishness in getting organized and inviting candidates to thelaw school for interviews (Vol. 25, No. 10). What was clear to us then is even clearer now. The Committee is not doing its jobadequately. A brieflook at theCommittee's past performance justifies that verdict. Former Dean Headrick announced that he would resign from the deanship (effective August 31, 1985) on September 7, 1984. the Search Committee, however, did not meet for the first time until the second week of December, over threemonths after Meadrickindicated thathe wouldresign. Winter break (extendedby one blizzardy week) followed thus killing any momentum the Committee had managed to gather. In essence, then, the Committee did not start "searching" for a new dean until February, 1985, making it highly unlikely that they would meet the August 1 deadline set by University Provost William Greiner (which of course they did not). It was not until late April/early May that the Committee, in a rather perfunctory manner, beganinterviewing any candidates. In August (theCommittee doesn't meet over summer break), it was announced that none of the four candidates who were interviewed here in April and May would be invited back for second interviews. They "didn't fit what the Faculty was looking for." The "search" was thus reopened and new assurances were given to the effect that a new deanwould be on the job by September, 1986. At this juncture, however, it is far from certain that a permanent dean will be found by that date. Why? Because so far this academic year the Committeehas interviewed only three dean candidates. Two of the three, Lee Teitlebaum and Bill Simon, have withdrawn their names from consideration. The third, Louise Trubeck, has been invited back for a second round of interviews March 3-4. A law professor and supervisor of the clinical program at the University of Wisconsin School of Law, Trubeck is apparently a solid candidate for the job. However, both Joseph Alutto (Chairman of the Search Committee) and Acting Dean Schlegel concede that if for some reason Trtlbeck is not approved, the Committee will have to start all over again and pursue other candidates. Should this happen, it is doubtful that a new dean could be found by September. With all duerespect for Acting Dean Schlegel, mis law school needs the kind of leadership only a permanent dean could afford. An acting dean is bound to be handicapped becausehe is not likely to have as much clout within the Albany and Capen Hall administrations as would a permanent dean. Schlegel himself characterized his role as "holding the fort." The Opinion urges the faculty and administrators to approve the appointment of Louise Trubeck as Dean, if she proves to be an acceptable candidate. At some point the Committee and Faculty must abandon their fantasy of finding some sort of deity to be dean of the law school. If the alternative is not having a dean by next fall, that point is now. — Vote Carefully in SBA Election Referendum Next Monday and Tuesday, the Law Schoolstudent body will vote on a proposal to elect SBA executive officers (President, Vice President, Secretary and Treasurer) in the spring, rather than in the fall along with the election of class directors. The advantages are obvious. Outgoing officers can train their replacements. SBA activities won't come to a standstill between spring graduation and fall elections (getting an expense voucher approved during the summer is apparently a major headache at present). And quality candidates who are not elected officers in the spring could run forclassdirectorships in thefall. Currently, talentedbut unsuccessful officer candidates are left out of the SBA altogether. These are worthy goals. But they may be achieved by other methods, although not necessarily as effectively as with this proposal. The central question is whether the advantages of spring elections for officers justifydisenfranchising the incoming first yearclass. 7"he/rstudent government will be run by officers notof their choosing. The unspoken rationale is that newly arrived law students, off the boat only a couple of weeks, are still too disoriented, too bewildered, too unfamiliar with the strange social customs of the natives in this new land to cast an informed vote. Spring electionsbecome a seven month residency requirement for officer electors. The question for the student body to decide, therefore, is theaccuracy of this assumption. We were all incoming freshpersons once. Do you think you were able to cast an informed ballot in your first election? Do you believe you should have been entitled to vote way back then forSBA officers? If so, do you think the advantages of spring elections would have outweighed this entitlement? Would you have wanted your first SBA officers elected in the previous spring? These are hard questions that deserve thought. You should vote your answer next week. Take Action Against Late Grades As happens twice a year, the deadline for grade submission has come and gone, display of professorial disregard. The deadlines for law grades are self-imposed, and far more liberal than for the rest of the University faculty, who have only four days (not forty-five) from the close of exam week. The task of enforcement of timely grade reporting throughout the University belongs to Vice-President for University Services Robert Wagner, who states that the law school is "the last remaining unit that basically is not anywhere near in com- with the usual that the law school has been granted autonomy in this area, and that since he hasn't heard of any problems Or complaints with the present system, he hasn't pressed for any changes. We believe that certain members of the law faculty have acted irresponsibly in this regard. For example. Professor Joyce casually explains his lateness as simple "procrastination." Complaints to the dean have been ineffective. Schlegel advises students to "withdraw their affection" from the faculty. If the faculty would act responsibly in this limited autonomy, then students wouldn't mind the faculty pretending it isn't a part of the rest of the university, except of course on payday. But, as long as the faculty refuses torespond to student needs by meeting their own,self-imposed deadlines, then the students' only recourse is to take the matter up with university administrators, to which the law school faculty is answerable, whether they like to believe it or not. Therefore, we urge the SBA to begin a concerted campaign to bring attention pliance.* Wagner adds, however, outside the law school to the grading dilemma. Meanwhile, we also urge students whose grades still haven't been posted to call might Vice-President Wagner at 636-2922, or visit him at 520 Capen Hall. Students in 232 Capen Hall, alto consider complaining to University Admissions and Records which unlike the law school version, is open eight hours a day. 8 The Opinion February 26.1988 Elections Referendum Set Dear Fellow Students We are writing to explain to you the procedures and underlying concerns for the constitutional changes you, as the student body, are going to vote upon March 3 & 4. As current Executive Board members, we hope that our experience in the issues will give you some insight into the reasons for the requested changes. You are being asked to amend the Constitution of the Student Bar Association to allowfor elections of the Executive Board during the spring semester. Since our Constitution does not provide for an avenue of change or amendment, we have decided to put the changes in front of the student body as a whole, instead of the SBA Board of Directors. Elections in the spring are a practical move for several reasons. It takes a several week 'adjustment' period for the new Executive Board (President, Vice-President, Secretary, and Treasurer) to learn the jobs and to also learn to work with each other. The situation is even more important when, like this year, you have several officers from various 'tickets' elected. The longer it takes to have the eleclions, the longer it takes to learn the job, to interview and appoint new student members to the Student-Faculty Committees, and to get the organization as a whole running. Parties are an important function of the SBA and the planning of each one takes time which is a scarce commodity — in the spring semester. Those of you who are involved with SBA, or who read The Opinion, understand that many more activities and issues have been and will continue be addressed thisterm; primarily because the time is available! The primary drawback to elections in the spring isthedisenfranchisement of the first year students. They will, however, be able to elect their own As students who have gone through the process already, we feel that not only will spring elections foster a more educated and knowledgeable choice among students will be able to hear and question the candidates, but the decision to hold spring elections will be a choice for a more active Student Bar Association. We hope that you will all cast your vote on March3rd and 4th. All students may vote on the change, but if it passes, only Ist & 2nd year students will be permitted to vote in the spring elections. This is an important issue which will affect the lives of all of us while we are at the law school this is your chance to have some input. Think about the choices involved and speak with any of us if you'd like. We are more than willing to talk with you about this or any other issue. Thanks! Lori Cohen, SBA President Gerry O'Connor, SBA Treasurer Colleen Rogers, SBA Secretary — directors like all other classes. Scales-Trent Up for Review To: Law Students This spring. Associate Professor Judy Scales-Trent will be considered for reappointment to a new three-year term. Teaching ability is a major factor in the review process, and assessments of a candidate's teaching from students who have taken her courses are an important source of information for the Promotion and Tenure Committee. As part of the process of gathering student evaluations the Law School's Promotion and Tenure Committee has already solicited letters from a sample of students who have taken courses from the candidate. If your name was not among randomly those selected from Professor Scales- Trent's class lists, we nevertheless would appreciate your providing us with your assessment of her teaching. As might you expect, thoughtful and detailed discussions of the candidate's strengths and weaknesses as a teacher, and of her relationships with students are more helpful to the Committee then conclusory statements that a particular course was good or bad. Also, signed letters have more credibility than anonymous statements; unsigned submissions will not be considered. Student letters become part of the candidate's official dossier, and are available to the Law School Promotion and Tenure Committee, the Univer- sity-Wide Presidential Review Board, and the President of the University. However, the letters are not disclosed to the candidate or to anyone else who is not .involved in the review process, so you should feel free to be frank and candid in your assessments. Letters can be mailed to me, in my mailbox in the faculty lounge, or left with Anne Missert in Room 511. Your letter should be received no later than Friday, February 28, 1986. Thank you for your assistance. put Sincerely, Barry B. Boyer Convenor of Visiting Committee for Judy Scales- Trent Cuomo Declines Invitation Dear President Sample: Governor Cuomo has asked me to respond to your invitation requesting him to be the Commencement Speaker at the State University of New York at Buffalo Law School's 97th Commencement Exercises on May 18, 1986. The Governor greatly ap- preciates your kindness in extending this honor. Unfortunately, due to a number of previous commitments, it is not possible for the Governorto ac- by Alberto M. Benitez Geographically, Cuba is ninety miles from the United States. However, the ideological and political distance between the two countries is use from the Spanish Conquest to the present. Cuba has made Agraian reform a priority. The agricultural system is made up of state farms, cooperatives and private landholdings. The Cuban government provides farmers with seed, credit, fertilizer, etc., and insures the farmer against any croploss. Private landholders, cept your offer and be with you at your commencement on May 18. He hopes that you understand his scheduling constraints and that you keep him in mind for future invitations. The Governor extends his and congratulations best wishes to the graduates and thanks you again for your invi- tation. Sincerely, Leslie F. Stern Special Assistant to the Governor Law Students Visit Cuba enormous. The Inter-American Comparative Law Institute, at CUNY Law School in Queens, N.Y., organized a law student delegation which visited Cuba for seventeen days during the recent Christmas break. Walter Ramos and I were the UB Law School representatives on a delegation that included students from CUNY, Wisconsin, DePaul, Connecticut and the Inter-American University in Puerto Rico. Our delegation was offically hosted by the University of Havana School of Law. Our course work was divided into one week of Agrarian Law and one week of Family Law. The Agrarian Law course examined the history of land which make up 8% of the agricultural capacity, receive the same benefits. I found the Family Law course to be especially interesting. It surveyed the rights and guarantees of individual family members, single mothers, working mothers, etc. The law professors were straight-forward in answering the "hard" questions raised by the various delegation members. For example, abortion is legal. Concerning the legal status of homosexuals and lesbians in Cuba, we were told that the Cuban concept of a family is a man, a woman, and children. The root of this concept is based in the country's Spanish heritage and Roman Catholic influence, which remains strong. While there is not a statute that prohibits homosexual/ lesbian conduct, such conduct is punishable as "contrary to public order." Men and women have equal treatment under law. It can safely be said that cle jure sex discrimination no longer exists. The study schedule provided us with plenty of timefor sightseeing. No one restricted my movements or prohibited me from speaking to anyone. Being a native Spanish speaker was an advantage I had, but many people spoke at least some English and were very happy to practice it. We were housed in the Miramar section of Havana. Prior to the Revolution, continued on page 15 �The Boy Mechanic . Kevin O'Shaughnessy The Pride in Law School Rests In Students "If, in the alternative, we were to scale down our aspirations and see our mission only as the education of lawyers in the teaditio/ial law school mode, we would probably succeed in retaining the stature of a good state law school. We might maintain our current position at the level of some of the lesser Big Ten schools. However, in the absence of a massive infusion of new resources, it is most unlikely that we can attain the level of the nationallyranked state law schools, such as Virginia, Texas, Michigan, UCLA or Berkeley. Such schools have a nearly insur- mountable lead with respect to other schools that attempt to beat them at their own game. It is however, still possible for us to reach and even exceed a comparable level ofattainment ifwe consciouslyplay the game differently and attempt to fulfill the broader missions which have been described in our planning over the last ten years, partially developed in our recent past, and sprinkled through our current program. Put simply, our choice is either (1) pursue our aspirations of over a decade in a serious and systematic way and develop a law school on the Buffalo Model or (2) slip back into a comfortable niche as a good, but undistinguished, garden-variety law 5ch001 ..." — Former Dean Thomas 1975 Headrick in his "Mission Statement" for the SUNY at Buffalo Law School Cancel that Order of Ivy The Buffalo Model Law School has fallen from the hallowed Gourman Report top 20 law schools (from 17th to 39th in just two years). This "calamity" has been the topic of dis- cussion throughout the law school. Since most of the stu- the dents have been here throughout the law school's two year "decline," some students have appointed themselves legal education experts and have come up with several different theories of decline: 1) Stop Using Books as a Weapon This one begins with the assumption that Mr. Gourman (who is' this guy and The problem with this theory is that every law school has the maintenance problem; Harvard — where does he get his assumptions?) places a great deal of emphasis on each law school's library. If this assumption is accepted, the conclusion is obvi- ous .. the law school declined because the library declined. Proponents of this theory cite a laundry list of the library's flaws: broken copy and change machines (these two alone cost us ten places in the report), the broken book alarm system, old worn out carpeting, etc. The problem with this theory is that the library hasn't really declined (not 22 places worth). I've been a student at UB since 1979. The law library has im- proved itself in that period of time: the Lexis computer systems, the Robert Koren Audio Visual Center, and the computerized check-out system. Besides, they've already fixed the book alarm system. 2) The Chicken Little "the sky is falling " argument Bursting pipes, . —roof, the leaky the seventh floor disaster area, the Moot Court blackout.. proponents of this theory elevate these relatively trivial maintenance ills to a symbolic level. All these problems are symptoms of an administrative malaise which has infested the law school. They proclaim that this place will be reduced to a pile of brown bricks by 1990 (some people even go as far as comparing the Buffalo Model to Roman Empire these are isolated cases.) but has leaky pipes, (they probably cover it up though.) Pipes will be sealed, the roof and the seventh floor will be repaired, and candles can be dispensed to all Moot Court competitors. Besides, I think we have a first maintenance staff. class There's no way we dropped 22 places because of our roof leaks. 3) The ship needs a captain, and the sailers ain't what they used to be This is the elitist academic excellence argument which points out the lack of a dean and blames the admis- — sions people for letting people in with "inferior" (less than theirs) LSAT scores. These are the same people who want to change the grading system because their high LSAT scores have failed to produce H grades so they know that they just missed them (a.k.a. the old "high Q" theory). This school is very close to hiring a new dean. I doubt that this action will vault us back into the top 20 ... The school's faculty are far more important. A new law school is bigger than one person's job Dean Headrick has pointed out that LSAT scores are not what this school is about; we're supposed to be different. It is very difficult to improve your law school ranking by hoping to lure "exceptional" students to your mediocre law school. They want to be ivy leagues. ... .. 4) The Joel Hyatt "You gotta advertise" theory The recent success of Hofstra Law School (98 to 28) in the Gourman Reports, coincided with the school's advertising campaign — in The New York Times. This has led some students to believe the Buffalo Model should go Madison Avenue. We could get corporate sponsors to lure would-be yuppies: Michelob and the Buffalo Model: "You've always known whee you were going..." Merrill Lynch and the Buffalo Model: "A breed apa^rt." People magazine and the Buffalo Model name their honorary .. celebrity Buffalo Law School dean: Glenn Close (Jagged Edge), Al Pacino (And Justice for All), Paul Newman (The Verdict) None of these thories explain the school's decline. We could assume that Mr. Gourman is insane for attempting to rank law schools. Let's look at each ofthe theories. Each theory points to a problem and asks the school, or its administration to fix it. The real problem is that a great many people take from this law school and give very little back. I work for the University of Buffalo foundation (the fundraising institution for this University). We ask alumni for donations for the university. Asking the law school alumni, who have not donated before, to support the law school is as much fun as contracting cholera. The response has not yet been overwhelming. The tuition here is incredibly low (slightly over $3,000 a year; by comparison, Syracuse is over $4,000 a semester). The state provides about 65% of the entire university operating budget, the rest has to'eome from private areas, namely the >»■ alumni. Financial support from law school alumni would provide for library improvements and roof repairs, supplement fac- Kullman's Korner . ulty and administration salaries (to recruit the best and prevent raids from other law schools), and advertising in The New York Times whatever is necessary. Former Dean Headrick, in his 1975 statement, mission foresaw the other problem with the law school: "We have succeeded in attracting a good cadre ofable students, but their aspirations too often fall short of their own competence, and many, but certainly not all, tend to react conservatively to innovative efforts in legal education." Selfish alumni were selfish students. Their selfishness is evident during law school. They use the law school's national reputation and low tuition price to pass the bar and get a job. They give nothing back to the school. They piously claim they got themselves law through school everyone else can .. fend for themselves. They constantly whine about the lack of traditional "bar related" courses; deride the innovative efforts of the law school (the Animals and the Law seminar, one of the most intersting courses I have ever taken, has been a constant source of humor); or cower in fear at the idea of having these courses on their resume. (Take the Law and Marxism seminar and you're placed on the Presidential Enemies List.) This school has to go its own way. We cannot out-Harvard Harvard. The Gourman Report could be a symptom of the real problem at this law school: the selfish lack of alumni and student support of the Buffalo Model Law School. It's time for both groups to put up or shut up. Paul W. Kullman Free Speech Wins Over College Athletics While I couldn't tell you who coined the phrase "Talk is cheap," chances are that person didn't come from Georgia. An Atlanta federal court jury recently found that one's right to bark in Bulldog country is worth roughly $2.5 million. That is, if you're an instructor who lost her job at a major university for speaking out against preferential treatment for student athletes. Such was the case on Wednesday, February 12, when University of Georgia instructor Jan Kemp's free speech rights were deemed to have been violated by two University officals. Kemp claimed she was de- moted and then fired because she spoke out against preferential treatment for student athletes in remedial classes. While the focus of the fiveweek trial was directed primarily on the degree of special academic attention given to student athletes, the fact that the case was decided on the free speech concept of the First Amendment is significant. Hopefully, this case will provide an impetus for other academicians to speak out further and force university athletic programs across the country to put the accent back on making sure Johnny can read the textbook as well as the playbook. there probably While wouldn't have been a case had Kemp not lost her job, the fact that she had such a direct personal stake in the matter cannot detract from the general impor- tance of the holding. Athletics at major universities is a business a big business. And in many respects, athletes and university athletic departments are engaged in a working business relationship. But a business relationship is supposed to be a symbiotic relationship, existing for the mutual benefit of the parties. — Yet it becomes readily apparent that the student athlete has been short-changed in such a relationship when his eligibility has been exhausted and -he comes away with neither a degree nor an education allowing him to function in society. Consequently, while the athletic department has been busy producing a national champion, the university has been fos- tering»an academic chump. And who do we point the finger at? Why the teachers, of course. While Kemp's case doesn't tell us anything new about the way athletics and academics are treated at many universities, the case does tell us that teachers can effectively utilize their right to free speech in an effort to undertake the duties of their job. I would even go so far as to say the case suggests that teachers have a responsibility to exercise their right to free speech when they feel they are being forced to compromise their educative roles. At any rate, $2.5 million would seem to at least provide such incentive. S.B.A. By-Law 13 Requires: All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: (1) send a representative to one SBA meeting in the Fall of each school year (before November 1), and in the Spring (before April 1) to report on the group's activities and plans. a letter describing the club's activities and plans in the Law newspaper. The Opinion after October 15 and before March 15 of School each school year. (3) submit a list of at least 10 signatures of matriculated students who are members of the organization. This By-law is designed to encourage an increased awareness of the rich variety of activities within the Law School community. Organizations which do not meet all of the above requirements may have their charter(s) revoked, and may at thediscretion ofthe SBABoard ofDirectors—be deniedfuturefunding. {AdoptedApril 1981) (2) publish essentially an inter A billboard in Havana which translates: "A Communist is nationalist." ___^_^_^__^^_^™^^^ — February 26,1988 Tlm Opinion I 9 �WANTED: STUDENT MEMBER OF THE SUNY BUFFALO UNIVERSITY COUNCIL Duties of the University Council: Review all major University plans regarding faculty, students, admissions, academics, etc. Make regulations concerning student conduct, student housing and safety, and campus facilities. Review and recommend SUNY/Buffalo budget requests. Appoint advisory citizens' committees. Name buildings and grounds. Report annually to the Board of Trustees. Perform any other duties requested by the Board of Trustees. Make and establish regulations necessary to carry out the above duties. Responsibilities of the Student Member: Represent the students of SUNY/Buffalo to the University Council. A voting member of the Council and the Executive Committee of the Council. Full membership privileges, including placing items on meeting agendas, etc. Must attend all meetings. The rights of access to all information dealing with the Administration, policies, etc. of SUNY/Buffalo. • • •• •• •• • • • •• Petition Pick-up: February 18—on SBAdoor, 101 O'Brian Hall Informational Meeting: February 28—4:00 p.m. —Talbert Hall, Room 206 to hand in petitions. Elections: March 12 through March 14 Mix-Up at Tralf Delays Law Revue by Peter Scribner The performance date of the Law Revue has been postponed from March 16 to March 23 due to a curve ball thrown at the Law School by the Tralfamadore Cafe. Howie Spierer, Director of the Revue, arranged with the Tralf to hold open March 16 for the annual law school talent show. But without anyone at the school, the Tralf went ahead and booked a Kris Kristofferson concert for that date, under the mistaken assumption that the date of the Revue could be eascontacting ily changed to the following weekend. But March 23 is both Palm Sunday and the day of St. Patrick's Day in Downtown Buffalo. Despite these potential conflicts, and despite great irritation at the Tralf's management for its casual treatment of the school, the Revue organizers decided to go with the new date. "The Tralf has everything we want," said one Revue worker. "It has a capacity for 400 people, it's got a good stage, professional sound and lighting, a wonderful night club atmosphere, a good bar, and a Thomas E. Headrick, Ph.D., former dean of theLaw School at the State University at Buffalo, willreceive the prestigious „ " I 1 BUFFALO LAW REVIEW VOLUME 34 WINTER 1985 Articlts A Tribute to Milton _ C 3> Kaplan: NUMBER 1 Six Essays Thomas E. Htadrick /.;>. Hyman Sol M. Lmowitx fames Magavtm Q Robtrt I. Rtis William R. Grtmrr Feminist Discourse, Moral Values, and the Law—A Conversation Ellen C. Dußcis Mary C. Dunlap > J° < 7 < Carol J. Gtlligan Catharine A. MacKinnon Carrie j. Menktl-Mtadoui Duty Representation: The Of Fair What The Courts Do In Fact Pagrt 1 MuhallJ. 4 (Mb,rg Sckall v. Martin Preventive Detention and DanCEROUSNESS THROUGH THE LOOKING GLASS CharUs Patrick Ewing Pennhursl v. Haldtrman. The Eleventh Amendment, Erie and Pendent State Law Claims Robert Smith to -128 Comment Federal Tax Liens and State Homestead Exemptions The Aftermath or United States v. Roiprs performance reviews in early March. Students who would like to help out with lighting, sound, or stage crew are asked to give their name to Spierer in M.B. #762. First and second year students are especially encouraged to help with the production staff so that next year's show will continue to have experienced people working on it. Headrick Will Get Jaeckle Award Edwin F. Jaeckle Award at a luncheon ceremony on Satur- Single Issues of Volume 34:1 are now available in 605 O'Brian. Price: $6.00 name that will draw. None of the alternatives we could think of at this date could compare." Last year's Revue, the first held at the Tralf, drew 375 people, well over a hundred more than attended the year before when the show was held in a church hall in Williamsville. Revue sponsors expect even a bigger turn out this year. On a happier note, the Revue Committee reports that student response to the Revue has been excellent. Several groups are interested in performing as musical groups or solos, and in doing comedy sketches. A Revue Review committee has been appointed to look over the proposed skits to see how well prepared they are and how long they will take to perform. The committee hopes to hold these day, March 1. The Jaeckle Award, the highest honor bestowed by the law school and its alumni association, has been given annually since 1976 to an individual of distinction who has established. "significant contact with the law school." It honors 91-yearold Buffalo attorney Edwin F. Jaeckle, a member of the UB Law School's Class of 1915 and the first recipient of the award. The noon luncheon and award ceremony will conclude the 10th annual Law Convocation, sponsored by the UB Law School and its Law Alumni Association, at the Center for Tomorrow on the UB North Campus. The opening event will be an attorney-oriented symposium, starting at 9:00 a.m., on "Counseling the Elderly: Legal Con- siderations Outside the Will." Speakers are Erie County Attorney Eugene F. Pigott Jr., attorneys Elizabeth G. Clark Stamm and Thomas P. Cleary and Professor Kenneth F. Joyce, a UB Law School faculty member. Headrick retired last August as dean of the UB Law School, after nine years at the helm, to return to teaching and other academic pursuits. Attorney Leslie M. Greenbaum, president of the Law Alumni Association, noted in a prepared statement: "No one has done more for the law school in the past decade than Tom Headrick. He has built bridges to the community, the bar and the alumni." Born in New Jersey, the son of a research physicist, Headrick served as vice president for academic affairs at Lawrence University, Appleton, Wisconsin, before coming to UB as law school dean in 1976. Now 52, Headrick received his bachelor of arts degree from Franklin and Marshall College in 1955. As a Fulbrigth Scholar at Oxford University in England, he earned a baccalaureate in letters in 1958. He received a law degree from Yale University in 1960 and a doctorate in political science from Stanford University in 1975. Headrick was serving as assistantfean of the Stanford Law School (1967-70) when he accepted theLawrence University post. Prior to launching his academic administration career, Headrick served as a law clerk and in private practice. He also gained experience as a management consultant in England. Previous recipients of the Jaeckle Award, besides Edwin F. Jaeckle, are Charles S. Desmond, retired chief judge of the State Court of Appeals; the late Frank G. Raichle Jr.; Clarence R. Runals; M. Robert Koren; Robert J. Millonzi; Judge Matthew J. Jasen of the State Court of Appeals; Jacob D. Hyman, and Williams J. Regan, former Erie County surrogate judge. ATTENTION LAW STUDENTS! | STATE UNIVERSITY OF NEW YORK AT BUFFALO • 1985 Buffalo Review Copyright by the Law Complaints about late grades should be directed to: Robert Wagner Vice-President for University Services 520 Capen Hall, 636-2922 (S— today 1* tutorial) 10 The Opinion February 26, 1986 �Chapus by fli Comics TAX II STUDENTS: Reprints of Prof. Del Cotto's article are now available in 605 O'Brian Price $4.00 (student price: $3.00) Sales and Other Dispositions of Property Under Section 1001: The Taxable Event, Amount Realized and Related Problems of Basis By Louis A. Del Cotto PrBaSctmiel lues ® Reprinted from Buffalo Law Review Volume 26, Number 2 Copyright O 1977 Buffalo Urn Mm Ttf£ BUPfAtO P RO MODEL COM ~.AND WE fIANK IN THE TOP 10 LAW SCHOOLS Got the Small Practice Blues, Not much money. Got holes in my shoes. Coffee in the^morning from the diner across the street, Their donuts are too greasy even for me to eat. Talk to the secretary, till I hear the boss's feet, Run to mv desk and hop into my seat. All my Law School pals are scattered far and wide The closest one, is an hour and a half ride. wish I I was still in school. Back in Buffalo, Beer and chicken wings, and lots and lots of snow. by Victor J. D'Angelo 1J TAKES THESE RBPofMS SERIOUSLY WHO ANYHOW? To*> 3. T-e.*\ L<W Sc^n \$ ( iJ<<r\ Vo. Vjs> February 26. 1986 The Opinion 11 �. Nietzsche's: Darts, Blues and Booze I funster was wearing his tie like you gotta be a head band careful when those yuppies start cuttin' loose on the weekend. The drink prices are a little steep ($4.75 for a pitcher of Michelob Light, or $5.00 for a forgettable brand of dark beer). The bar stocks a good selection of bottled beer and earned special bonus points for carrying my favorite brand of scotch: Glenlevit. Drink prices don't draw you to Nietzche's; the main attraction is the entertain- RBAR EVIEW Nietzsche's 248 Allen Street Buffalo, NY 14202 886-8539 man with the beard and pipe greets you outside the door of Nietzsche's. On Fridays, the cover charge is two dollars. It's probably thebest investment in the city of Buffalo. Stan and the alcohol and the hurling of semi-lethal weapons about a barroom appeals to you, Nietzsche's is the place for you. I had seen Stan and the Ravens perform at other bars, but Nietzsche's is the best place to catch their show. The band Ravens play at Nietzsche's on plays amazing Rhythm and Friday nights. Blues, Blues, and Jazz. Stan is a serious keyboard whiz (you always see a couple of"Fanatics" Nietzsche's is not laid out like your average bar. The building reminds me of one long, wide hallway: the main bar area is in front, tables and seating area are next, followed by the dance floor (flanked by upper tier tables), and finally, the stage. On Friday nights the crowd (which is loaded with groupies . or "Stan Fanatics" as I call them) is older than your basic college bar (I spied quite a few bald spots out on the dance floor). As the night goes on, the crowd get wilder. one wacky I (VV .. . . Nietzsche's features a variety of live entertainment: Blues, New comWave, and Jazz bands edy nights poetry readI'll take Stan and the ings Ravens on Fridays from 10:00 p.m. to 3:00 a.m. stayed for the final encore. As the band finished up, a drunk lumberjack (who probably thought the bar was named after a former Green Bay Packer middle linebacker) screamed "Rock and Roll!" You can't get more eloquent than that. CAREER PANELS .. staring intently at his hands for ): he's hours at a time played for Levon Helm and Maria Muldaur. Nietzsche's has a good-size dance floor, lit by antique chan- deliers, and the band plays serious dance music. My favorite tunes are "Livin' in the U.S.A." by Charles Berry and "Take me to the River" by Al Green. The other attraction (or diversion as stale Dale Anderson calls them) at Nietzsche's is Mark your calendar and attend our career information panels scheduled for March. ALL STUDENTS ARE INVITED. This is an excellent opportunity to find out what practicing law in these topic areas is really about. Your individual questions are especially welcomed. SPECIALTY PRACTICES Tuesday, March 4, 3:45 p.m., Room 109 Leslie Greenbaum — Entertainment Law David Hoover — School Law William Reich — Immigration Law Mark Wallach — Bankruptcy Law CORPORATE/TAX PRACTICE Thursday, March 13, 4:00 p.m., Room 109 Victor Gagliardi — Estate Tax, IRS Joseph Makowski — In-House Counsel, CTG Catherine Wettlaufer — Tax Work in Private Practice Ellen Yost — Corporate Work in Private Practice BANKING/FINANCIAL PLANNING Tuesday, March 18, 4:00 p.m., Room 108 Bob Edwards — In-House Counsel, Goldome Frank Heller — Banking Law in Private Practice Alan Vogt — Financial and Investment Planning Specialist LABOR LAW Wednesday, March 26, 4:00 p.m., Room 109 John Collins — Union Representation David Farmello — Management Representation — NLRB — Administrative Law Judge, NLRB Mark Pearce Marilyn Zahm RES IPSA LOQUITUR x /\\\ ( horrid video game, "The Nibbler" (probably stale Dale's favorite), which should be ditched as soon as possible. Several /lights a week, ment. Ifthe idea ofmixing by Kevin O'Shaughnessy The sharply dressed darts. There are dart clubs and dart league nights (sort of like bowling for people who don't care for heavy objects). If the idea of mixing alcohol and the hurling of semi-lethal weapons about a barroom appeals to you, Nietzsche's is the place for you. They also have a good juke box (50's and 60's rock) and a C^29 A [/)) x\x I /\V/\ The *Pieper 'Hew york^State — Multistate (Bar Hfeview offers an integrated abroach to the Oitw yorf^ (Bar 'E^am. We emphasize sophisticated memory techniques, essay writing skills and a concise, organizedpresentation of the law. you Witt Be prepared and confident. \(/\ I J\J I I J\ \ yU<-L PEIPER NEW YORK - MULTISTATE BAR REVIEW I \\. 1 sj\ I f{ / ) \/_^/ | I 1 \ \^ 12 The Opinion I 1: Speaks For Itself. 90 Wittis Avenue, Mineo(a,s& 11501 Telephone: (516) 747-4311 Duane Barnes Margo Beasley Ross Lanzafame James McElhone Brian Bornstein Amy Sullivan February 26, 1986 PIEPER REPS Charles Telford Walter Ramos Zoran Najdoski Brian Mahoney Mark Pollard JudithKubiniec Doris Carbonell Maria LoTempio John Rowley Donna Siwek Amy Murphy f\fy\ I A~\ A\V (\) I nT\/ \\ / / / �Student Defender Program Seeks Law Students by Cathy Papas I'd like to take this opportunity to invite all law students, particularly second and first years to participate in Group Legal Services' Student Defender Porgram. Victor Siclairi is the assistant coordinator and Gary Farrell is the Residence Hall Program coordinator. We are all graduating seniors and first and second year students are needed to run the program next year.' Law Students participating in the Defender Program repreundergraduate sent and graduate students appearing before the Student-Wide Judiciary (SWJ). The SUNY Buffalo SWJ is a student tribunal whose purpose it is to adjudicate violations of any nonacademic student rule or regulation, disputes arising from campus elections and actions which violate constitutions for student organizations or associations. The Court is most involved with violations of student rules and regulations, which are revised annually and appear in the Student Handbook. The jurisdiction of the Student- Wide Judiciary extends to any violations which occur on campus, including the residence halls. The Student-Wide Judiciary is comprised of justices appointed by the three major student associations: ation, the GraduateStudentAssociation and the Millard Fillmore College Student Association. In situations where a student rule or regulation has been violated, any individual may bring a charge before the court. However, the court only has jurisdiction over defendants who are students of the university. All charges relating to violations of rules and regulations are prosecuted by student prosecutors, who are SUNY at Buffalo law students working with the Office of the Dean/Division ofStu- dent Affairs. The defendant may be represented by any person of his/her choice at any of the court's proceedings. This is almost always a defenderfrom Group Legal Services. Charges may be initiated before the student court by filing a complaint with the Student Prosecutors' Office. After the Student Prosecutors' Office investigates the incident, a complaint may be filled with the court and an arraignment scheduled. Students will be advised by the served complaint that they have the right to consult with Group Legal Services about the charges alleged against them. A student defender advises a defendant what plea should be Gay Students.. To require the opposite, to morally allow homosexuals the luxury of continued existence within a closet, is antithetical to the goal of the gay rights move- — ment an end to discrimination against homosexuals, and the creation of a social belief that homosexual love is equally as valid as heterosexual love. Now, this may seem difficult to some, especially to those who remain in a closet. After all, the view of social responsibility which has been outlined morally requires an individual to accept a (small) burden for the good of the group. However, on balance, this is an issue which cries out for the group action. The gay rights movement will not proceed forward unless more gay people stand up and walk out of those de- the Undergraduate Student Associ- • • • continued from page 5 and meaningful cannot, in my opinion, be at all experienced in a closet. Believe me, I know what you're feeling; but, again, you can only help yourself by helping others. With your help, we will win. entered at the arraignment. At the arraignment the court rules on the sufficiency of the complaint and then accepts^ plea of guilty or not guilty from the defendant. If the defendant pleads guilty, the court proceeds to impose a sanction. If the defendantpleads not guilty, a hearing date is set. Hearings involve representing the defendant in front of a SWJ panel of judges. The prosecution and defense may make opening and closing ments, as well as state- motions. Wit- nesses can be presented by both sides and examination involves both direct and cross. The court has the power to subpoena witnesses from the student body. One distinction of this court, however, is that the rules of evi- dence are generally much more relaxed than those in civil or criminal trial. The SWJ panel of judges is composed of non-law students who are essentially selected to ensure thatstudents brought up on charges are judged by their peers. Because of this, "common sense" rules are the ones that apply during arraignments and hearings. If the defendant is found guilty, both the prosecution and the defense may offer suggestions for sanctions ranging from oral warnings all the way to recommendation to the President of the University that the defendant be suspended, expelled or dismissed from the University. The SWJ panel is not compelled to take into account either sides' recommendations but of course, may use them as guidelines if they wish to. // The defendant may appeal the court's decision and/or the sanction imposed. SWJ trial decisions are appealable to an appellate panel of the SWJ. Any court decision is ultimately appealable to the President of the University. The SWJ has also established a Residence Hall Trial Panel to specifically hear all violations of Housing rules and regulations or violations of Student Rules and Regulations which occur within the residence halls and have been channelled through the Residence Hall Disciplinary Procedure forMinor Violations. The process which follows is similar to the one followed by the SWJ. Many of the cases heard by the court could be heard by the University. The intrelated components of the SWJ, The Student Prosecutors' Office and the Student Defender Program provide a means of safeguarding the defendant's right to due process in a disciplinary proceeding. The procedures followed try to assure as best as possible that the accused re- ceives adequate notice of the charges, receives a fair hearing with an opportunity to present his or her position, evidence, or explanation, and receives a fair decision based on the evidence presented. If any law student is interested in participating in the Student Defender Program, please leave a note with your name and box number in Box 717. I would like to add that I was a volunteer while I was a first and second year student and found that it affords a rare opportunity to actually represent a defendant through the trial procedure. I feel it has helped me in courses such as Trial Technique and certainly is valuablefor students who will be participating in theoral arguments this semester Also, pros- pective employers appreciate a first or second year student who has had some sort of practical experience in any kind of trial preparation. The rewards far outweigh the very few hours per week required, it's a learning experience, and besides — it's fun! YEARBOOK : Any seniors who had their picture taken February 4 or 5 must select the small photo for the yearbook by tomorrow. Pictures are available in Room 312. Any seniors who have not had their picture taken may submit their own portrait by tomorrow to The Advocate, 724 O'Brian Hall. Yearbooks will go on sale next week. Ist, 2nd and 3rd year students — please submit candids NOW. Include name and address on envelope.^ *"*>*r^ ****** 77. grading closets. To those who are afraid, all I can say is don't be. The membership of GLSO is ready to stand by you during those early moments of hesitation. — ' Equally, you will find the majority of straight students here at UB to be rather supportive; but if a few are not, don't shy away, stand up and recognize them for what they are. I am sure that a few of my GLSO colleagues might disagree with me on this issue, and I welcome their feedback. However, I believe that they will have to show me how an ethic of privacy as described can possibly aid the gay rights movement. Perhaps they can do that, I certainly have been wrong before. Finally, to those 50 or 60 gay law students who remain closeted, a personal message. My friends, you are missing so much. The feeling or pride of knowing who you are, what you're all about, the declaration to society of who you love, or who you want to love, the ability to stand up and say, without hesitation, that my life is valid // February 26. 1986 The Opinion 13 �II Uu Uu mil il n ■!■ Uu il m OFF THE 1986 TUITION WHB^J YOU REGISTB* FOR BAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, MAINE, NEW HAMPSHIRE, OR VERMONT BAR REVIEW. CLASS OF 1986 1986 STATE REGULAR Till lON 1 NEW YORK $875 NEW JERSEY $675 MASS., CONN., MAINE, VX, N.H. $775 SPRING SEMESTER DISCOUNT YOU PAY ONLY $775 Jk I (jlj $575 $675 STATE ' 1987,88 4^9 REGULAR TUITION NEW YORK $375 NEW JERSEY $675 MASS., CONN., CLASS OF 1987 1988, & 1989 VT.. MAINE, N.H. $775 SPRING SEMESTER DISCOUNT YOU PAY ONLY . S^ $700 /S $50° $600 A *5O DEPOSIT IN NEW YORK NEW JERSEY OR ANY NEW ENGLAND STATE RESERVES THIS PRICE. /In \^3ju^ia LAST *±m 401 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696; (201) 623-3363 (516) 542-1030 (914) 684-0807 160 COMMONWEALTH AVENUE BOSTON, MASSACHUSETTS 02116 (617)437-1171 14 REMEMBER: THE DAY OFF THE pmcE IS '- J The Opinion February 26, TO SAVE . 1986 . • *\M IVI/\l\.\^H ZO AljrilJ 'JgT ©1986 BAR BRI �Cuba Visited Miramar was a luxurious, residential neighborhood. Since that time the Government has converted the mansions into embassies. Government offices, day care centers, student housing, etc. Our neighbors were students from Nicaragua, Mexico, the Dominican Republic, Ecuador, Finland and West Germany. The administrator of our house, Guzman, deserves special mention. He was a guerrilla in Che Guevara's column during the Revolution, and he served in' Angola in 1975. There is little American prsence in Cuba. However, I did hear plenty of Madonna and Cyndi Lauper music on the radio. The best ice cream I've ever eaten was at Havana's Coppelia Park. While standing in line to buy ice cream it wasn't uncommon to see uniformed soldiers, male and female, alongside people wearing Jordache jeans and Michael Jackson T-shirts. Walter Ramos saw the Olivia Newton-John film "Xanadu" playing at the Karl Marx Theater. Visiting Havana is in many ways a trip back in time. The 1940's and 1950's American continued from page 8 cars, still in excellent condition, are one example. The hotels and nightclubs that made Havana a favorite American playground are others. One of Havana's best hotels, the Nacional, was a favorite of George Raft, Errol Flynn and Al Capone. Today, itsclientele are primarily tourists from Europe, Latin america and Canada. The Tropicana nightclub, built by American organized crime and operated by Meyer Lansky, still ning east-west through regularly crash up the walls rarely disturb the couples sea- r. 's wild animal. And for those who can prove the above, it seems that the red tape will hardly make the effort worthwhile. As a result, instead of being able to successfully breed and regenerate stock of many types of birds, many more birds will be added to the list of en- dangered and extinct species. Parrots, which include the macaws, cockatoos, and amazons, have only just begun in their popularity as pets. Up untill the last decade, it seemed that only looney ola1 ladies owned parrots and stories were always told about the bird being passed down for generations. It is true that parrots can live to be 100years old or more, and it is also true that they can make excellent pets. Although I know that this bill is ultimately designed with the bird in mind, I am concerned that is is an — "overkill" approach. If I didn't know that habitats coast. The Cuban government in South America were being destroyed, thereby eliminating breeding of many species, and if I didn'tknow that many countries with endangered bird species were doing little or nothing to cultivate their continu- Isle. As part of the educational system, students attend classes for part of the day and work in the fields for 2-3 hours as well. We also visited a school for students from Ethiopia. Most of the people I met genuinely support the Revolution. People were very proud of their benefits under the Revolution: free health care and education, subsidized food items, mass transportation that costs five cents, etc. Yet, they didn't hesitate to criticize the Govern- ment. The biggest complaint I heard was the inability to travel outside Cuba for most people, along with a limited variety of consumer goods. I saw children begging in the street or sleeping in parks. Havana is a very clean city, although it could use some paint in spots. It's also very safe, despite a noticeable absence of police. Restaurant and store service is slow, and patience is a must. Most Cubans are very interested in the United States, and would love to visit this country. I met a couple of to maintainthe "genuine desire to teach students in the way they want to be taught," whether it be through Critical Legal Studies, or through a more traditional approach. She would not believe in any kind of political determination of professors, but in "finding the best teachers on the market." Trubeck indicated a sincere desire to acquire for UB Law School a national reputation comparable to the acclaim it has received in strictly academic circles. At the time of Trubeck's first interview, committee member and Acting Assistant Dean of 945 Ellicott Square Building 852-0958 • • Term Papers Word Processing Reasonable Rates Resumes Quick Returns Student Discounts above problems by eliminating the importation of all species (importation of endangered species has been prohibited for severly years except by permit). By restricting all birds, potential aviculturists could be on the other hand, claims that ninety percent of birds are dead within the first two years of captivity, that most owners arg totally ignorant of a wild animal's needs, and that it is "cruel to cause them to engage in unnatural behavior." The HSUS, ing survival (i.e. Grand Cayman, Cuba, St. Lucia), then perhaps I could believe that all birds would be best left in their natural habitat. I know that thousands of birds die after being shipped out of their country and that many more die in quarantine stations set up by the U.S. Government. However, I do not think that this bill adequately challenges the ....... American Secretarial • also for free. A highlight for me was a visit to the Bay of Pigs, on Cuba's southern coast. This was the site of the failed CIA-sponsored invasion of Cuba in 1961. There is a museum of the invasion at the site, but otherwise, the area is used as a vacation resort for sponsors students from the Third World, mostly from Africa, who study and live on the people who had visited Buffalo during the 19505. Yet, the major point of interest was New York City. My only complaint is not having enough time to see and do all I wanted to. Regardless of one's political position towards Cuba, visiting the island is a valuable experience. SUNY is well known at the University of Havana, and officials there are anxious to host more SUNY students. I have spoken to faculty and students here about initiating a book and periodical exchange between the two universities, and also conducting regular delegations of law students to Cuba. In- terested students should con- tact me. Pit lure of Camilla Cienfuegos continued from page I School, the Steve Wickmark, indicated that the committee was "impressed with (Trubeck's) background and her grasp of what it takes to run a law school," and she was considered "a very strong candidate." The selection of Trubeck as Dean is farfrom deLaw finite, although her husband, David Trubeck, is being interviewed as a faculty candidate. The feeling of the Dean Search Committee is that "if he did not come she probably wouldn't be^ interested." Louise Trubeck's second visit is scheduled for March 3rd and 4th, and at this point committee members are just hopeful. According to Alutto, "If we're not successful, it will not be a failure of the faculty to try," and also if the committee is not successful, "the school will haveto look at how it will continue" the academic development which the faculty has worked to estab- lish. dissuaded from attempting to breed birds. I am mostly concerned that many will not experience the joy of owning a parrot; friends are sick of hearing about Webster, my Double Yellow-headed Amazon, and Nicky my Umbrella Cockatoo. Webster exhibits such "unnatural behavior" as talking, singing, and laughing and Nicky comes and Fidel Custm in the museum of Isle of Youth. • ••••• Dean Search members and central administration." David Engel indicates that the emphasis will be on having her meet with the university officials in central administration. Trubeck was first interviewed at the end of November 1985. At that time, she indicated that some of her primary concerns were the "integration of theory and practice" through a good clinical program and improving and maintaining the quality of student life. As Dean, Trubeck would try is the El workers. Several of us visited the Isle of Youth, off Cuba's southern No visit to Cuba is complete without a walk through Old Havana. The best way to reach it is via the Malecon road, Havana's "lovers lane." Run- few private citizens will be able to obtain a permit to import a According to Alan Freeman, "The principle thing is to give her a chance to talk to faculty Building, ted there. Old Havana has been recognized as an international historical zone by the UNESCO. Narrow streets and Spanish colonial architecture is the norm. At night, the only illumination is by street lanterns. The Cathedral, open for Mass, is the heart of Old Havana. dancing. department which is set up for that purpose in the state. To get the permit, you must prove (1) that the proposal will enhance the species; (2) that the applicant possesses scientific and animal husbandry credentials and resources to implement that enhancement; (3) that the applicant will be able to provide rently means doing tricks not learned in the wild); and (7) that the applicant can comply with anything else the Director deems appropriate. No provision is made to appeal the decision not to grant a permit. The permit, once granted, is valid for two years, at which point it can be renewed. Needless to say, very Bacardi Floridita bar, Ernest Hemingway's favorite drinking spot. The daiquiris were great! After all this walking, a good Havana, the Malecon faces the Gulf of Mexico. The waves that offers a fantastic floor show and . . Minimum Care Standards (the Federal Animal Welfare Act, as amended by the secretary of Agriculture); (4) that the animal will not be a personal pet; (5) that the applicant will comply with all other applicable state, local or municipal laws; (6) that the animal will not perform unnatural behavior (which appa- dential Palace. At the Museum I was able to see the Granma, the boat that Fidel Castro and his men used to reach Cuba from Mexico in 1956. Further up, past the old place to eat is La Bodeguita del Medio, Hemingway's favorite restaurant. I recommend the black beans and rice, with roast pork. Havana provides a wide array of cultural events, costing very little or nothing. I attended a play, which cost $2.00, and the Cuban Symphony Orchestra, which was free. Walter attendeda playoff baseball game, Nearby is the Museum of the Bird Bill Revolution, formerly the Presi- continued from page 6 down off his cage every night to watch hockey on TV. When they go outside with me to the park or for a ride in the car, children stop me to ask me to "make them talk." If any- one ever tells you birds don't have a personality, don't believe them —they are just the same as people or any other pet. If you want a copy of the actual bill itself, write to the Humane Society of the United States, 2100 L Street NW, Washington, D.C. 20037. And if you would like any more information about parrots (what to buy and where tobuy, VERY IMPORTANT!), leave me a note in box #400 or track me down next semester in Animals And The Law! Sources: American Cage Bird Magazine American Federation of Aviculture Watchbird Magazine Bird World Magazine 1985LawReview Casenote Competition Announced; Meeting To Be Held 3/12/86 Buffalo Law Review Associates will speak to first-year law students about the forthcoming Law Review Casenote Competition on Wednesday, March 12, 1986. The meeting will take place at 4:00 p.m. in Room 106, O'Brian. The Spring Casenote Competition will begin on March 27. A second competition will begin after final exams on May 16. Students can participate in either the Spring Break or the Post-Exam Competition. The March 12 meeting is the primary way to learn about the competition. Tim Jipping will explain the purposes of the Law Review. Sue Kreidler will explain the competition's rules. February Mary Ellen Gunnison will describe a casenote's form and Chris Doyle will describe a casenote's content. Helpful hints will be revealed by Steve Katz. Only first-year law students are eligiblefor this competition, and all of them are encouraged to attend this meeting. All should attend because selection for the Law Review is not determinant. Furthermore, no students are eligible for the Law Review unless they enter this competition. Those who cannot attend this meeting can learn about the Competition by getting a handout from theLaw Review office, Room 605, or call 636-2059. 26, 1986 The Opinion 15 �When the burden of law school gets too heavy ... JOIEPHION X HIUWEH can make it easier — with a bar review course that gets you through law school and through the bar. FIRST YJAR j(Z" REPRESENTATIVES £' M Liberman Russel Francis Lois |y Jr ;:.^CO:-Ij) YKAr. REPRESENTATIVES L Lawrence Basel 3reti David Brown m J';ii' . , m*^ , | ■ \ j Irene Fassler Garei irk Evelyn Cawronski Caro] Giarrizza Nancy Holtby Rose-Ann Landau Bonnie Meti Lc Pamela Uuebeck Elaine Pers P fa X* V Marcy Scher . IKB^te§^ ott: * L.|; i|WgU|JL||il|g3I '"-•■ » g :# HHHhPPI I ** 1# * Scan Murray ' \ ttitf Ci'l THIRD YEAR REPRESENTATIVES Stuart Adler Howard Bernian Joseph Callery Jeffrey Gibb *Tim McEvoy (coordinator) Fern Kerenstein jiS |. I : ' Sciumeca B^^thony % J Torres m^^^ i • j ' ■>% ■SS^^Bitel^J^^^^^^^^Hß^Mßßa*^.-.^' ENROLL NOW AND RECEIVE A FREE BOOK BAG* (It'll at least make your burden easier to carry.) Contact your campus rep for details. * Limited Offer: subject to quantities on hand. ©1985 JOSEPHSON/KLUWER LEGAL EDUCATIONAL CENTERS, INC. N.Y. SPRING DISCOUNT $150 16 The Opinion February 26, 1986 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-02-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/26/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:55:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7d2cd4db5ee5a8740663a2f5388aa5dc.pdf 1003b80f35fe7a8b2e1b947a147f37ab PDF Text Text UB Law School Drops in Gourman Report; Majority of N.Y. Law Schools Rise in Ratings by Charles E. Telford This is the first part of a series dealing with the Gourman Report. Part One explains the compilation ofthereport. In following editions ofThe Opinion, we intend to examine the Gourman Report in detailand to ad- to American and international institutions of higher education which assigns a precise numerical score in assessing the strengths and shortcomings of each school and program." First published in 1980,its author, Dr. Jack Gourman, states that its purpose is to fill a need for qualitative evaluation of higher education in the United States, Canadaand international dress such issues as: whether the report is in fact credible; how various faculty members as well as distinguishedalumni feel about the report; and what if anything can or should be done to improve ÜB's rating. The much awaited 1985 edition of the Gourman Report has finally been received. In this controversial new report, the State University of New York at Buffalo-School of Law has dropped in the rankings of surveyed law schools from a high, of 17 in 1983 to alow of 39 in 1985. Gourman ranks 175 United States law schools and claims to bethe "only qualitative guide I9SS Gourman Report. Photo Credit: Paul F. Hammond universities. Gourman stresses that his report is not a "popularity contest," or an "opinion poll," but rather an objective evaluation which synthesizes data from all sources into a convenient numerical rating. The stated sources utilized by Gourman in compiling his report are numerous. Much of the material used in putting together the report is internal, drawn from educators and administrators at the schools themselves. These individuals are permitted to evaluate only their own program and not the programs of other institutions. The report also states that unsolicited appraisals are also considered, but the bulk of the contributions comes from "persons chosen for their academic are a matter of record in reaching its determinations.Some of the external sources utilized by Gourman are: funding for public universities as authorized by legislative bodies; required filings by schools to meet the standards of non-discrimination; and information provided by the institutions about faculty makeup and experience. Finally, thereport lists among its contributors a number of "individuals, associations and agencies whose business it is to make correct projections of the success graduates from given institutions enjoy in the real world." However, it should be noted that nowhere in the report does Gourman specifically list or indicate the exact identity of these individualsand qualifications, their published works, and their interest in improving the quality of higher agencies. Any comparison between ratings given to the various law schools in the current Gourman Report with previous editions is education." In addition, the Gpurman report also claims to draw on many external resources which THE OPINION Volume 26, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW continued on page 2 February 12.1986 S.B.A. Proposes to Reschedule Elections; Contemplates Withdrawal From Sub Board by Idelle Abrams The Student Bar Association, at their January 29th meeting, considered a number of proposals that would attempt to increase the efficiency ofSBA operation. These included moving the election of officers from the fall to the spring semester, changing the appointment process for the chairperson of the commencement committee and possibly pulling SBA out of Sub Board. Lori Cohen, president of SBA, proposed that the election of the president and the vice president of SBA be held in the spring "so there will be two people who will get things going in the fall." The problem would be that incoming first year students would not have a vote for their president. However, "that's the tradeoff you have to make," said Cohen. "As someone who has bean through the process, I think it's a good idea," she said. "By the timeyou get elected On the fall) and by the time you get going, two months have passed." Her original proposal was for spring election of the president and vice president positions only. This, Cohen explained, was because first year students have not run for those offices in the past five years, whereas they have run for secretary and treasurer. However, other SBA direc- tors felt the transition would be much easier if all the executive officers were elected in the spring. They felt there would then- be a secretary in place to take, minutes of the meetings and a treasurer available to dispense the funds theclubs need when theyreturn in the fall. This issue is being taken under advisement and will be considered again at the next meeting. The selection of the chairperson of the Commencement Committee created some controversy this year. People seemed to be unaware of the selection process. In an attempt to remedy this situation, Cohen proposed thatthere be an election for this position. She brought this idea to Steve Wickmark andafter further discussion with him it was suggested that SBA interview all the people interested in being on the committee and thensubmit a list of threeto five names to Wickmark from which the chairperson could be chosen. This process would make people aware that ths commencement chair is being chosen and hopefully generate more interest in the committee, said Cohen. If approved, SBA is hoping to conduct the interviews for next year's chairperson before spring vacation. The possibility of withdrawing from Sub Board was brought up by recent problems with the funding vouchers submitted by organizations and the long delays in getting money from Sub Board through thevoucher system.As it operates now, organizations must submit vouchers to the SBA treasurer requesting funding and the treasurer then forwards the vouchers to Sub Board. It takes at least two weeks to get the funds from Sub Board. Receipts must be handed in to Sub Board within ten days. If these procedures are not followed, an organization risks having its funds frozen. The lack of flexibility is the main problem that arises in this system. However, "autonom- ous control over our own budget isn't the way to go either," cautioned treasurer Jerry O'Connor. "A new treasurer who is elected in the fall when the old officers are not around has no guidance. Sub Board provides that guidance." There is also the problem of whether the organization would abuse a checking account. "Sub Board does much more stringent checks and balances," said O'Connor. Associate Dean Alan Carrel raised the possibility of a law school lounge with Donna Siwek and Mary Powers. His suggestion was to put a second floor on top of the first floor loenge and use the second floor as a lounge. Lori Cohen commented that she spoke with Dean Schlegel last year about such a possibility and neither of them thought it was feasible. Because of the amount of traffic through the first and second floors it would be difficult to restrict the room for the exclusive use of law students. SBA will be following up this idea with Dean Carrel. Candidate Has Varied Style by Amy Sullivan ing the faculty. After two-and-a-half years of working as Assistant United States Attorney for the Southern District of New York (Criminal Division), JamesKainen is now ready to resume teaching law. "I knew I would come back," says the faculty candidate, who was interviewed by the law school's Appointments Committee on Tuesday, January 28. During an informalinterview later in the day, Kainen spoke to law students about why he was interested in join- Kainen finds the faculty here very interesting, as well as having a good support system service. He believes thelaw school is very relaxed, intellectually stimulating, and noted that "I was the only one wearing a suit." From his involvement with the Conference on Critical Legal Studies Kainen is also familiar with the "Buffalo Model," having met and talked with both Acting Dean Schlegel and Professor Konefsky at Conference meetings. Faculty Candidate James Kainen. rtoto CndU: Paul F. Hammond Previously an Assistant Professor in Law and Liberal Education at Brown University Law School (from which he graduated magna cum laude in 1975), Kainen described his teaching style as varied. "It is hard for me to generalize my style. Sometimes I use the Socratic method and sometimes I lecture." He usesa tutorial method of teaching which he believes works very well. "I would distribute reading materials and at the actual tutorialthrow in a few questions and take it from there." Kainen believes that the purpose of a legal education should not just be to pass the bar exam. Legal education should be practical, but sometimes an academic approach to law is important because it may help in practice. "Most of you will be lawyers and do interesting things; part of this will depend on what you bring to what you do. All that continued on page 2 �Gourman Report. complicated by the 1985 report's failure to break down school rank into separate categories of raw data. For example, in 1983 U/B Law School was ranked as 17; its raw score was 4.46 out of a possible 5.00. This raw score was derived from averaging the .. continued from page I scores given in the following five categories: administration, curriculum, faculty instruction, faculty research and library resources. The 1985 Gourman contains no such break-down in its law school rankings. As such, U/B Law School was ranked 39 with a raw score of 4.16. Because the basis of the raw score is not supplied in the 1985 report, it is difficultto isolate with any degree of precision which of the previously listed five categories ofevaluation is most responsible for U/B's decline. However, Gourman does state New York Law Schools 1983 7 10 11 29 98 34 17 63 70 65 122 74 165 N/A Columbia University Cornell University New York University Fordham University Hofstra University Albany Law School SUNY Buffalo Syracuse University Brooklyn Law School St. John's University Yeshiva University (Cardozo Law School) New York Law School Pace University Touro College 1985 7 10 11 22 28 34 39 51 65 70 72 86 , 162 174 TAX II STUDENTS: Reprints of Prof. Del Cotto's article are now available in 605 O'Brian .Price $4.00 (student price: $3.00) ... Sales and Other Dispositions of Property Under Section 1001: The Taxable Event, Amount Realized and Related Problems of Basis By Louis A. Del Cotto ( ©Reprinted from Buffalo Law Review Volume 26, Number 2 2 The Opinion February 12,1986 that the reason why some schools have "slipped in effectiveness" is "due to a combination of inertia, budget constraints, and faculty and/or administration indifference." Gourman notes with particularity the shortcomings of some programs which deserve critical review: objectives of the program are ill-defined and misunderstood; the present program is not constituted to meet the needs and problems of students and faculty; administrators are reluctant to reveal the weakness ofprograms; the public relations of the institution provides a false image to cover up deficiencies in programs; requisite improvements are not made in the quality of administrators, faculty instruction, curriculum, library resources and the physical plant; funds designated for the improvement of faculty, curriculum, library resources and physical areas are misused; special interest pressure is exerted by administrators, to the detriment of the educational and teaching experience; and student grants and scholarships are inadequate or nonexistent; among others. Of notable interest are the dramatic, some may term remarkable, accessions of certain New York State law schools. For example, the fact that Hofstra University's Schodl of Law jumped 70 places in the Gourman rankings in a period of only two years may cause many to question what the school could possibly have doneto merit such an improved rating in so short a timeperiod. Depending upon what credibility is given to the Gourman report, U/B administrators may question how they too can replicate Hofstra University's educational techniques and makea similarquantum leap on the next Gourman report. The same may be said of Yeshiva University's Cardozo School of Law, which managed to improve its ranking by 50 places over the same two year time frame. Of the 13 New York law schools ranked by Gourman, six managed to improve their positions since the 1983 report, four stayed in the same position, and three declined. Of the three declining law school's, Buffalo's drop was the most severe, 22 slots, followed by New York Law School's drop from 74 to 86 and St. John's fall from 65 to 70. For a complete analysis of how New York's law schools are now ranked as compared with their 1983 ranking, see the tableaccompanying thisarticle. Faculty Candidate [theoretical] stuff is going to make you more interesting people and you will enjoy your work more." However, Kainen emphasized that we can't forget one of the basic purposes of legal education is to train lawyers, and you are entitled to a learning that will help you on a practical dayto-day basis." Kainen liked to teach at the undergraduate level, but in terms of his research interests, he needs a law school faculty. His research interests include constitutional and doctrinal history, as well as "white-collar" crime. His teaching interests include criminal law, civil procedure, and any first year course ( imtimwdfrom pcific I such as property -or torts. He feels that his work experiences could be especially valuable in criminal law courses. In terms of choosing students and faculty for the law school, Kainen said, "Clearly an effort must be made to recruit more minority applicants for the faculty here." As far as student recruitment is concerned, he said, "UB Law School has kind of undersold itself. There doesn't seem to be the public relations here as at other law schools. Part of that drive should be broader than G.P.A.'s and L.S.A.T.'s. Beyond colleges there is a great source of terrific, talented people; finding them is difficult." Grants to Attend Conferences NOTICE The Budget and Program Review Committee will consider applications from students for travel grants to attend a symposium or conference on topics directly related to the on-going academic program at the Law School. Applications should provide (1) a statement (no more than two pages) which identifies why the applicant wishes to attend, how the attendance and information to be obtained will relate to an on-going academic program; what the applicant will do upon his/her return to share the benefits with the Law School and/or wider academic community, (2) a conference brochure or other publicity information and (3) a budget. The Committee will make grants (at least some of which will be reserved for the spring semester) of up to $200 during academic year 1985-86. Travel in 1985-86 prior to an award will. be reimbursable if the proposal is later funded. Spring semester applications should be submitted to the Dean (Rm. 319) by February 18,1986. �New Law Library Anti-Theft System Delayed by Jeff H. Stern Things always get worse before getting better. That was the lesson Law Li- brary Director Ellen Gibson and any law student attempting to leave the library learned last week when the library's electronic security gate was out of commission. At the time of this writing, the security system has been disassembled for over a week, and library employees stationed at the exit have been manually searching students' bookbags and backpacks. Gibson explained that the problem arose when workers who were attempting to install an updated and improved security system left the old system disassembled after realizing they were missing a part neededto install the new gate. "It was planned that in this fiscal year there would be a replacement security gate, our current one being old and not impervious to the effects of the new circulation desk computer," Gibson said, noting that the old system has been frequently malfunctioning. The gate was on schedule for replacement two weeks ago when workers from 3M (the company authorized to do the job) took apart the old gate before realizing that they did not have the proper "base plate" needed to install the new system, Gibson explained. "They said they were leaving for a part and they never came back." UB Assistant Director of Administrative Affairs Kenneth Hood said that upon hearing that the 3M workers were miss- ing a part to the new system he "assumed that they were going to reinstall the old gate, but they didn't." Hood said that he considers 3M's failure to install the new system on time or to at least reinstall the old gate "a breach of their contract" with the University. He said that the school "will attempt to bill 3M for the amount of temporary services" that the library had to incur in order to pay employees to manually check students' bookbags at the exit. "Their (3M's) service has been terrible," Hood said. However, since all the libraries' books have been programmed to the 3M system, the University has no choice but to have 3M security gates installed. Hood explained. Dismantled Photo Credit: Victor R. SMari library system. At the time of this writing, Gibson told The Opinion that the company had received the missing part from its supplier, but that she was still uncertain when the new system would be installed. "If it's much longer, I'm going to fix the thing myself," Gibson said. "This is ridiculous." merit: the thinking and writing about legal issues by law students. For this reason, criticism is to be offered to all who submit essays. The promotion of the study of legal issues in their social context is also a worthwhile goal as is the creation of any forum which stimulates legal strongly solicited. Some Principles Proposal Calls for Distinctive Writing Experience by Duane Barnes Law school writing experiences are often negative ones. Consider law school examinations (Well, briefly, anyway). After the thought and effort of producing a writing, what do you get in return? A grade and some thirdfloor eyestrain. And what did anyone think of what you thought? Who knows. Then there is the Research and Writing program. Sort of a quick trip around thekitchen to show you where everything is (The tofu's in the fridge, the granola's in the cupboard). The focus is largely "remedial" and becomes routine. Presumably, if you still look lost after the antipasto, someone really takes a close look at what you're doing. Still, it's hardly an optimum situation to expand your writing skills. Then there's law review. Traditional legal scholarship in spades. Good training in wordsmithing but only available to ten per cent or so of the students. And so a new and different type of writing experience is being proposed here. After all, SUNY-Buffalo was designed to be a new and different type of place. It chose to forego the State University Law School Model and embrace the study of Law in Social Context (Karl Llewellyn and all that). Distinctive. Not frequently, law students propose developing a new publication. The following proposal is a serious attempt to do just that and is the basis for a new student organization called the Buffalo Legal Studies Group. A Proposal For An Additional Student Writing Experience What is being proposed? It is proposed that an additional writing experience be offered to law students at SUNYBuffalo. A writing competition is proposed which wouldsolicit 3,000 word expository essays for submission to a student editorial board for criticism. The focus of the essay would be theproposed impact of a statute, court decision, or administrative ruling which has been selected for study. Normally, two measures would be selected for study, one of which would involve public interest issues. That is, for example, environmental issues, discrimination based on race, age, sex, handicap, or economic status, mental health law, and so forth. Who would do the work required in this venture? A Board of Directors would have overall control over the essay competition and the jour- nal publication as well as the solicitationand management of funds. An editorial board would develop the questions for study, criticize the essays, and select the best essays for special recognition and publication. Why use a legal studies approach? There are already over three hundred publications which promote the traditional forms of legal scholarship. An approach which fosters the study of law in its social context is consistent with the stated goals of the SUNY-Buffalo Law School. Also, a more openended forum may prove to be a better stimulating discussion on these issues. What are the objectives of this exercise? The essay competition is a learning device which weds two of themissionsofthe SUNYBuffalo Law School: skills development and the study of law in its social context. The primary objective is the promotion of skills develop- Law Revue Begins Search for Student "Talent" by Peter Scribner The 1986 Law Revue Talent Extravaganza returns to the stage of the Tralfamadore Club in Downtown Buffalo's Theater District on Sunday, March 18. The Revue gives all the closet musicians, frustrated poets and incorrigible hams of the law school an annual opportunity to strut their stuff on a profes- sional stage. Last year the Revue played the Tralf for the first time, fol- come up to me with ideas for this year's production." The deadline for submitting ideas for skits or musicial acts is February 18. Anyone interested in participating or in helping to produce the show is asked to come to a meeting on the 18th at 5:30 PM in the first floor lounge. If you can't make it, you must submit an outline of your sketch ideas to Spierer (M.B. #762) by the 18th. Participants should be prepared to frustrated of the law school an their stuff on a professional "The Revue gives all closet musicians, poets and incorrigible hams opportunity to strut stage." lowing several years of perfor- mances in a Lebanese church in Williamsville. Nearly 400 students and othermembers ofthe Law School community packed theplace and were delighted by the afternoon long program of outstanding entertainment. Howard Spierer, a third year student, will return as Director of this year's show and promises that it will be even better. "Already several people have participate in a preliminary rehearsal at the law school in early March, and attend a dress rehearsal at the Tralf the week of the performance. Productions in previous years have included a wide variety of musical groups and solos, game shows, faculty sketches, imitation of faculty sketches, poetry readings and stand-up comedy. First year sections are especially en- couarged to participate. Insightful satiric material on first yearlife and the professors that inhabit it is always appreciated by nostalgic upper class stu- dents. In addition, the Law Revue Executive Committee has a stableof highly talented professional writers and directors who have produced literally hundreds of pages of first rate material awaiting willing volunteer performers. Therefore, if you are interested in participating but don't have a specific act in mind, feel free to come to the organizational meeting. You'll be dazzled at the options available. Third year student Peter Scribner, who didsuch a sensational job as lighting director of last year's show (and by a remarkable coincidence is the author of this article), will be returning to light the 1986 production. Any first or second year student interested in helping as an assistant lighting director, with the idea of taking over the position next year, is especially urged to attend the and Guidelines 1. The editorial board should be made up of both students who write meritorious essays and those who would bring their unique experience to the editorial task. 2. All submissions must include a statement disavowing plagiarism. scholarship. Finally, the more vocationally 3. All submissions will receive oriented student may be motivated to contribute with a view toward enhancing his or her job thoughtful criticism. 4. The goal of the program is to provide students a writing experience and a forum for the free exchange of ideas. Editors must avoid a doctrinaire approach to their responsibilities. 5. There should be a positive qualifications through publica- tion. Why place special emphasis on public interest issues? A public funded institution has an obligation to devote special attention to these areas particularly since they effect the lives of many who are not fully represented in the law making limit on the number of footnotes in the submissions. A rule of thumb might be 35 footnotes for a 3,000 word essay, the intent being to promote a more expository process. How would publication be financed? Publication would be financed through fund-raising activities and through funds available for student activities. Would students be interested in participating in a writing approach. 6. An effort should be made to solicit comments on the best essays following their selections. These would be printed together with them in their final form. 7. Participation in the competition would be open to all university graduate students. competition? Inquiries concerning student interest have been encouraging but because of the unfamiliarity of'this approach, participation initially will probably haveto be For further information, contact Duane Barnes, MB#B6o latko nEoUMb SpECIAL! MPiMIT SSfaSe FOR STUDENTS HreiESe) & faculty With this ad... PACKAGE OF 50! Includes 1 pg. resumes (svfe x 11, black ink) •• 50Typeset Matching Blank Sheets • 50 Matching Blank Envelopes *{f NOW §gE9§ CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE SAVE $5.00 NOW Save this coupon. — Expires 4/30/86 Serving North & South Campuses! 1676 Niagara Falls Blvd. 3171 Main Street Tonawanda.NY 14150 Buffalo. NY 14214 835-0100 834-7046 organizational meeting. February 12. 1986 The Opinion 3 �New Bill Intro'd Contending that the problems of American families and children need to be mpre systematically addressed by the Senate, Sens. Daniel Patrick Moynihan (D-N.Y.) and Jeremiah Denton (R-Ala.) recently introduced legislation to create a Senate Special Committee on Families, Youth and Children. The committee would analyze the effect of government policies on the nation'sfamilies and children through hearings and research; evaluate the economic status offamilies and children; and issue an annual report on the condition of the nation's family and youth. Such responsibilities are currently divided among several Senate committees and subcommittees, and the Senators believe this prevents the Senate from giving these important issuesthe attention they deserve. "No government can avoid having policies that profoundly influence family relationships," Sen. Moynihan said in a state- "The only option is whether these will be purposeful, intended policies or whether they will be residual, derivative, in a sense, concealed ones. "The Senate needs an official focal point to study, evaluate and provide oversight for the entire range of problems and government policies that affect families and children. "This special committee will not solve the problems of childhood poverty and the growth of single-parent families. But it will help us better understand them." Sen. Charles McC. Mathias Jr. (R.-Md.), Chairman of the Senate Rules Committee, which would first consider creation of the new committee, is an original co-sponsor of the DentonMoynihan bill. In a letter to Sen. Moynihan, Sen. Mathias said the Rules Committee would hold hearings on the proposal. The "time is ripe" for such a committee, Sen. Mathias said in his letter. versity. As part of the process of gathering student evaluations the Law School's Promotion and Tenure Committee has already solicited letters from a sample of students who have taken courses from the candidate. If your name was not among those randomly selected from Professor Avery's class lists, we nevertheless would appreciate your providing us with your assessment of her teaching. As you might expect, thoughtful and detailed discussions of the candidate's strengths and weaknesses as a teacher, and of her relationships with stu- STUDENT MEMBER OF THE SUNY BUFFALO UNIVERSITY COUNCIL ment. Review forProf. To: Law Students This spring, Assistant Professor Dianne Avery will be considered for reappointment in the University, and for promotion to Associate Professor. Teaching ability is a major factor in the review process, and assessments of a candidate's teaching by studentswho have taken her courses are an important source of information for the committees that make recommendations to thePresident of the Uni- WANTED: dents are more helpful to the Committee than conclusory statements that a particular course was good or bad. Also, signed letters have more credi- bility than anonymous statements; unsigned submissions will not be considered. Student Duties of the University Council: all major University plans regarding faculty, students, • Review admissions, academics, etc. regulations concerning student conduct, student housing • Make and safety, and campus facilities. Review and recommend SUNY/Buffalo budget requests. •• Appoint advisory citizens' committees. Name buildings and grounds. •• Report annually to the Board of Trustees. any other duties requested by the Board of Trustees. •• Perform Make and establish regulations necessary to carry out the above duties. Responsibilities of the Student Member: Represent the students of SUNY/Buffalo to the University Council. A voting member of the Council and the Executive Committee of the Council. Full membership privileges, including placing items on meeting agendas, etc. Must attend all meetings. The rights of access to all information dealing with the Administration, policies, etc. of SUNY/Buffalo. • • • •• letters become part of the candidate's official dossier, and are available to the Law School Promotion and Tenure Committee, the University-wide Presidential Review Board, and the President of the University. However, the letters arejiot disclosed to the candidate or to anyone else who is not involved in the review process, so you shouldfeel free to be frank and candid in your assessments. Letters can be mailed to me, put in my mailbox in the faculty lounge, or left with Maria Calamita in Room 317. Your letter should be received no later than Friday, February 28,1986. Thank you for your assistance. Sincerely, Robert S. Berger Convenor of Visiting Committee for Dianne Avery Petition Pick-up: February 18—on SBA door, 101 O'Brian Hall Informational Meeting: February 28—4:00 p.m.—Talbert Hall, Room 206 to hand in petitions. Elections: March 12 through March 14 Single Issues of Volume 34:1 are now available in 605 O'Brian. Price: $6.00 „ •••••••••••••••••••••••••••••••A** FREE BAR/BRI Review Course* Raffle Tickets being sold by The Buffalo Federalist Society $1.00 each or 6/$5.00 Available in front of the library daily 11:30-12:30 I 1 BUFFALO LAW REVIEW VOLUME 34 NUMBER 1 Articles A Tribute to Milton 5} 0 r- > Kaplan: Six Essays Thomas E. Htadrick J.D. Hyman I f. Sol M. I.inmeili James Magnum • Robert I. Riis William B. Grmur Feminist Discourse, Moral Values, LAw—A Conversation < < and thk Ellen C. Dußoii Mar, C. Dunlap Carol J. Gilligon Catharine A. MacKinnon *$500 credit off New York State Review Course. The Duty CarritJ. Mmkil-Miaiow Of Fair Representation: What The Courts Do In Fact Paga 1 10 -321 NEED RESUMES IN A HURRY? Two day service in most cases! About 5 minutes from Amherst Campus WINTER 1985 N Michael J. Goldberg Schall v. Martin Preventive Detention and DanGEROUSNESS THROUGH THE LOOKING GLASS Charles Patrick Ewing Pennkurst v. lialderman The Eleventh Amendment, Erie and Pendent State Law Claims Robert Smith Comment Federal Tax Liens and State Homestead Exemptions: The Aftermath of United States v. Roigni ACCU-TYPEsetting, Inc. 47 Christine Drive • Tn. Amherst, NY 14120 (offSweet HomeRd. between No. French A Tonawanda CreekRd.) (716) 691-7480 Quality • Dependability • Fast Service • Moderate Prices 4 The Opinion February 12,1986 I STATE UNIVERSITY OF NEW YORK AT BUFFALO Copyright • 1915 by UK Bu(f»lo Uw Rnicw �Financial Aid Transcripts Must Be On File by Kathy Peterangelo-Johnson This past year, therehasbeen a lot of confusion regarding Financial Aid Transcripts. Hopefully, this information will be of help to you in answering any questions you may have. The University, by federal regulation, requires that there be on file a Financial Aid Transcript for each and every postsecondary school which you have attended. Thisrule applies to all students requesting federal aid, whether or not aid was ever received at these schools. The reason behind this requirement is to provide the University with information pertaining to the student's past financial aid history. Many federal and state programs are limited as to how much total aid one can receive. Although most students never reach these levels, theFinancial Aid Transcript is used to verify this information. It also allows the University to identify students who may have been involved in special programs, such as HEOP, which will carry through to the graduate level. Federal regulations prohibit any student from receiving federal aid if a Financial AidTranscript is not on file for each school which the student has attended. So, if you want to be considered for CWS or NDSL, yourfile must contain transcripts from all the graduate and undergraduate schools you have attended, whether you received aid or not. Even if your FAF is received and recorded before the March 15thdeadline, you will not be considered for financial I Lv /V\M( I\. I )\A/\ I /Hx I (Q) \LLI if/) \J J f I I I \ aid unless All Financial Aid Transcripts are on file. How do you go about getting Financial Air Transcripts? First, pick up Financial Aid Transcripts Forms at my office (3140 O'Brian), 232 Capen Financial Aid Satellite, or the Main Street Financial Aid Office in Hayes C. You will need one form for each undergraduate and graduate school which you attended. (Note: you will not need a transcript from SUNY/Buffalo if you were in attendance here as an undergraduate or as a grad or law student). Second, mail the Financial Aid Transcript to each school's financial aid office. Each school will complete the form and return it to the University. Third, check back with each school after about two weeks to verify thatthe transcript was sent to ÜB. Schools are notorious for delaying theprocessing of Financial Aid Transcripts so S.B.A. Buys Phones by Victor R. Siclari Under a 1984 act by Governor Mario Cuomo, all New York state agencies must buy the phones they use. To comply with this order, the SBA has reallocated most of the $560 designated for the yearly rental charges on ten phones used by SBA-funded clubs and organizations and is applying it toward the purchase of these phones from the University. According to a study done by last year's SBA Treasurer Gina Peca, it would be cheaper for the SBA to buy the existing phones which it rents from the University rather than continue renting them. It would take the equivalent often months'rental charges to cover the cost or purchasing the phones, which is $47 each. Thus, the totalbill for purchasing the ten phones is $470, as compared to yearly rental charges of $560. The second alternative considered, but rejected, was to buy the same type of phones from AT&T. However, it would cost . between $35 and $40 for each phone plus the University would charge $25 for each phone for a disconnection fee. By purchasing the existing phones from the University, there is no installation or disconnection fees or monthly service charge (other than for calls). In addition, there is lifetime service from the University's Telecommunications Officeand the University will replace the phones if there are any problems. Under the arrangement SBA has with the University, the SBA will pay for the phones over a period of fourteen months, with the last bill due in March 1987. The phones currently in the club and organization offices are the ones the SBA is purchasing. Touch-tone phones could not be purchased because the phone lines would have to be rewired and it is up to the University to make the decision to rewire the phone lines in the buildings, according to current SBA Treasurer Jerry O'Connor. don't be penalized because your former school delayed in returning the form. Once your Financial Aid Transcripts are on file wjth the University, there is no need for you to request new transcripts in successive years. So, if you have already submitted these transcripts from all of your past post-secondary schools, there is no need for you to submit new forms. If you are fairly certain that you have already submitted your Financial Aid Transcripts to the University, you can check the Main Street Financial Aid Office, but not until March Ist. Please note, if you received NDSL or CWS this year (1985-86), all of your Financial Aid Transcripts are on file. This only applies to awards made for this academic year. In order to assure that all post-secondary Financial Aid Transcripts are on file with UB on time to be considered for NDSL or CWS, you should send the transcripts to your former schools by April 1, 1986. Your Financial Aid transcripts must be received by May Ist. Of course, CWS and NDSL awards are also contingent upon need, availability of funds, and most importantly, your submission of an FAF by the March 15th deadline. NOTICE To all law students who have college work-study awards for 1985-86: all students who will be working in the spring 1986 semester under the college work study program must fill out new tax forms for 1986. Students must report to the college work-study office in 232 Capen no later than February 17, 1986. LiD bray irector documents librarian at Indiana University where she received master's degrees, and worked for the Bloomington public library system. Last summer, Yon Wahlde was selected to participate in a Senior Fellows Program held at UCLA and also was selectedfor development administrative programs sponsored by the Council on Library Resources and the Association of Research Libraries. Her publications and papers cover a variety of study areas, including productivity, information technology, staff development and performance her bachelor of science and appraisals. Barbara Yon Wahlde has been appointed director of the University Libraries at the State University at Buffalo. She was formerly acting associate director for public services and associate director for technical services at the University of Michigan, and has worked in administrative capacities at Yale University Library, the University ofWest Florida, the University ofSouthern Mississippi, and the University of Maine. She also served as assistant \ CZS§ZLD RES IPSA LOQUITUR Jork^State - MuCtistate "Bar 'Review offers an integratedapproach to the View Jorf^ 'Bar Ts^pm. <We emphasize sophisticated memory techniques, essay uniting skills and a concise, T/tf <Pieper View organizedpresentation of the law. you zvUCSe prepared and confident. \(/\ \J\J I KLs\ \\^\) IJX/ A\\ PEIPER NEW YORK - JVRILTISTATE BAR REVIEW It Speaks For Itself. SO'Witiis Avenue, Mineok, Wll5Ol Tdephone: (516) 747-4311 I\) I \_V^ PIEPERREPS Duane Barnes Margoßeasley RossLanzafame James McElhone Brian Bornstein CharlesTelford JudithKubiniec Doris Carbonell Maria LoTempio Brian Mahoney Mark Pollard Donna Siwek Zoran Najdoski Walter Ramos \ j I / JohnRowley / February 12.1986 The Opinion 5 �, OPJNK)N-^ STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOLOF LAW Volume 26, No. 9 \ February 12,1986 Editor-in-Chief: Victor R. Siclari Jeff H. Stern Paul W. Kullman Timothy J.Burvid Harry Branson Paul F. Hammond Kevin O'Shaughnessy Charles E. Telford PeterScribner Managing Editor: NewsEditor: Features Editor: Business Manager: Photo Editor: Layout Editor: ProductionEditor: ContributingEditor: Staff: Idelle Abrams, Dave Chapus, Sue Clerc, Diane Dean, Michael Gelen, Krista Hughes, John K. Lapiana, Melinda K. Schneider, Amy Sullivan, Dana Young. Contributors: Jerry O'Connor. * © Copyright 1985, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic year. It is the studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial The Gourman Report: Believe it or Not? Well, the Gourman Report has arrived and the rumor is U.B. Law School dropped in the rankings from 17 true — to 39. Why? That is the $64,000 question. Is it due to the prolonged absence of a dean? The sad state of the physical plant (i.e., O'Brian roof leaks, pipe bursts, etc.)? The budget cutbacks for library acquisitions? The loss of our autonomy and corresponding infestation of our facilities by undergraduates? The lack of attentiveness to our needs exhibited by the U.B. administration in Capen? Perhaps. Concededly, these are just some of the factors which may help to explain our decline. But one also has to question the credibility and methodology of the Gourman Report. make that superman who can rank Who is this man every graduate and professional school with numerical precision? Does anyone really rely on the Gourman Report? Should anyone rely on the Gourman Report? In an attempt to answer these and other questions, our staff will be seeking out students, faculty and administrators for their explanations and viewpoints. In addition, we encourage our readers to contribute unsolicited responses to The Opinion, Rm. 724 O'Brian by Tuesday, Feb. 17, which we will print in our next issue. — — New Court Rules Promise Reform Last month, monumental changes in the New York court system's rules of civil procedure and calendar system quietly went into effect. The stated purposes of these changes are to make practice easier "for attorneys who may practice in many counties and in different sections of the state" and to "promote substantial justice by preventing procedural errors." Henceforth, Uniform Rules of procedure will be in effect each category of trial-level court across the state. For ■ for example, all state supreme courts, regardless of judicial department, will now adhere to a uniform set of courtrules. Similarly, there are now uniform rules for each particular type of state trial court (criminal, family, surrogate, etc.) regardless of where those courts are located. Previously, rules of procedure varied from place to place and from court to court. The effect of the new system will allow an attorney in one part of the state to assume that the procedural rules in another part will be the same rules with which he or she is familiar. Accompanying the new Uniform Rules is a change in the calendar system from a "term" system to an "individual assignment" system. In the past, a motion came on to be heard before a "term" rather than a particular judge, and would thus be heard by whichever judge happened to be assigned to that term. This meant that a typical case came before many judges at different stages of the litigation; each judge would therefore have to become familiar with the prior proceedings and facts of the case. Under the new system most cases will be assigned to one judge and be heard by that same judge throughout the proceedings. In theory, these changes are designed to both enhance the efficiency ofthe court system and to eliminate confusion and complexity caused by the many different sets of individual rules which existed under the old system. Whether or not these changes can be effected without causing seri- ous administrative hassles and additional confusion among attorneys, however, remains to be seen. 6 The Opinion February 12,1986; D.E.C. Uses Regs Unwisely by Rachel Roth, Environmental Law Society A recent letter to the editor in theBuffalo News highlighted a conflict that has escalated in the past several years between private property owners and environmental regulation. The letter was from a landowner in East Aurora, and concerned his battle with the State Department of Environmental Conservation over two-tenths of an acre of standing water on his property. This water, classified as a "wetland" by the DEC, was a result of the town discontinuing the pumping of their local well system. The subsequent rise of the water table created, in the words of the landowner, "a very swampy and ugly sight." The landowner, who had been given no notice of his property's inclusion in a wetlands area, filled in the twotenths of an acre without obtaining a dredge and fill permit. The DEC fined him $2,000 and ordered him to remove the fill, a project which will cost him an estimated $4,500. Most of us recognize the importance of environmentalregulation, especially that intended to protect ecologically sensitive areas such as wetlands. We are also taught to respect private property. These two values can clash head-on when dredge and fill permits are required under Wetlands Act regulations. Permit denial, which can be based on the public health and welfare, fishing, flood, hurricane and storm dangers, and the benefits of wetlands, may deprive a landowner who purchased his property before the enactment of the legislation of all reasonable use of his property. A claim of a de facto taking without just compensation is unlikely to prevail in New York, which essentially limits such claims to cases in which the owner's property is physically invaded. Additionally, the tak- ing issue can be avoided when the legislation protecting wetlands prevents a public nuisance, a situation in which no compensation is required. Effective wetland regulation would be prohibitively expensive if compensation was required each time a landowner was denied reasonable use of their property. If we are to adequately protect our natural resources, concepts of private ownership may have to be altered to recognize an overriding public need for conservation of irreplaceable resources. But what about the plight of the landowner in East Aurora? Is it fair to force him to pay $7,500 for filling in the swampy area created by the town's actions? Does meaningful enforcement require that regulations be administered inflexibly across the board? If the public perceives regulation as unjust, will regulation eventually encounter strong public opposition? 1986 Commencement Speaker Selected by Gina M. Peca Commencement plans are well underway! Plans have been made for fund-raising events, speakers and social events. As you may know. Governor Cuomo has been selected as the speaker. We are waiting for his response, which should be here any day now. The survey for other speaker choices has been tallied. Judge Sol Wachtler, Chief Judge of the NewYork Court of Appeals, was selected as the second choice. U.S. Senator Daniel Patrick Moynihan (N.Y.) was the third choiceand U.S. Congressman Jack Kemp (N.Y.) was fourth. As soon as the Governor makes his decision and if he declines our invitation. Judge Wachtler will be invited. Plans are being made for the 86 Days party (86 days to graduation). It looks as though it will be held at the Pine Lodge on eitherFebruary 20th or the 21 st. Signs will be posted. There are also plans for a semi-formal Sadie Hawkins - Dance on March 21st the first day of Spring. (If you don't know what a Sadie Hawkins dance is ask an older friendl) There will be a reception at the Marriott after commencement on May 18th for all graduates and their families. Tickets will be going on sale in March. The first five tickets for each graduate will be $2 each, and any thereafter will be $1. Think champagne!!!!!! If anyone is interested in working on any of the above events, please contact me. - A.B.A. Offers Int'l Law Scholarship The American Bar Association Section of International Law and Practice is offering its third annual Richard R. Baxter Scholarship sponsoring a student member of the Section at the Hague Academy of International Law. Each summer the Hague Academy offers two sessions— one on Public International Law and the other on Private International Law. Each' session is comprised of seven courses taught by renowned scholarsand leaders in the field of international law. Partici- Chapus by Comics pants represent some eighty different nations. The annual scholarship consistsof $1,000 which covers airfare, tuitionand room. Students interested in applying for the scholarship must be membersof the Law student Division of the ABA as well as the Section. Selection of the scholarship recipient will be based upon the following materials: a formal piece of writing in the international law area; a short statement of interest in international law not exceeding 500 words; • • letters of recommenda• two tion; and, •• aa resume; certified law school transcript. These materials must be submitted by April 15, 1986 to: Norman R. Gritsch Law Student Liaison 26005AAlizia Canyon Calabasas, CA 91302 A panel of judges will select the scholarship recipient in early May. For further information, write to the above address or call (818)880-6094. �The Boy Mechanic Kevin O'Shaughnessy Law Students Lack "Community" Spirit Now that half of my legal education is completed (barring any disturbing news from admissions and records), I am in a position to assess this law school's major weakness: it lacks a sense of community. U/B Law students have no real gathering place. The mail room, the candy machines, the tables by the food satellite, and the benches near thelaw library create an atmosphere similar to a NewYork State Thruway Rest Area. You go there only if you are too tired or too hungry to move further. My solution is to convert the first floor lounge into a law school pub. This pub would be exclu- .. . sively for law students. The undergradu?' 'an hang around our libr» but they won't get near our bar! Members of the faculty would be admitted if they won approval from 2/3's of student body now we'll get our grades before April! This could make SCATE forms unnecessary. The lounge could still be used for club meetings and special events. The relaxed atmosphere and location might encourage students to attend dean and faculty interviews, making it a better experience for everyone involved (I know I wouldn't mind being inter- Kullman's Korner viewed in a bar). The pub could become the center of the law school social life. SBA could fund and run the pub. After the initial costs are met, the profits would provide a constant source of revenue. This revenue could be used to improve other areas of the school (more funding for other student organizations, Lay-ZBoy recliners in classrooms, a law school golf course...). If anyone thinks that law school isn't the place for a pub, reread American history. Except for a few bouts with temporary insanity (Prohibition .. Mugler v Kansas) drinking is an . American legal and political tradition. The music for thenational anthem is from an old English drinking song (Francis Scott Key meets John Valby) The Declaration of Independence may have been signed in Independence Hall, but the deal was hashed out by a bunch of lawyers at the free masons tavern just around the corner Patrick Henry may have said "Give me Liberty or give me death," in a court house, but he probably thought of it in a bar. Even our Independence Day is a bizarre blend of food, alcohol, and explosives. ... . We could name the place after Yale Law School's hard drinking legal scholar and former dean, Roscoe Pound: The Roscoe Pound Pub. Daily specials could be named after members of the faculty: aßoyer Boilermaker, a Meidinger Martini, or a Dean Headrick (for each shot you drink you have to read 1,500pages of Corporations). The law school pub could become a reality. I'd like to see it happen before I leave here. The project needs students who are interested and willing to work together. That's how you build a sense of community. Paul Kullman Bullard Back; Hopes Experience Helps Others ***** "It is not howmuch we have, but how much we enjoy that makes happiness." — Anonymous »J^ He still has the same smile. The sparkle still lights his eye. And his hand is always outstretched in greeting. Yet, one can't help but notice a slight change in.attitude. He speaks more thoughtfully and with a greater appreciation for people and for life. And for good reason he can still enjoy both. "I think people can learn a lot from what happened to me," said second-year law student Todd Bullard. "I looked really laid back, but that was a facade. I'm basically a type A personality." Type "A" as in "active." Perhaps too active. Currently vice president of the Student Bar Association, Bullard was stricken with a heart attack on October 23, 1985 at 4 a.m., as he was finishing up his briefforthe Desmond Moot Court competition. He had just returned from a trip to Washington, D.C., where he had been interviewing. "I was locked in a competitive mode," Bullard said in an interview with The Opinion on Monday, February 3. "I was happy with the superficial things, but I wasn't happy internally. I put emphasis on the wrong things." "A lot of people think you have to have it all and you have to have it all right now, but I learned patience is so impor- tant," he said. Bullard, who spent three weeks in Buffalo General Hospital and additional time in Rochester's Strong Memorial Hospital, said he realized two other important things while strong will power and the support of family and friends for his rather quick recovery. "While the plumbing's still a little messed up inside, deter- mination is still something I have plenty of," Bullard said. "And the student body has been fantastic. I've felt a lot of warmth and support from this "/ was happy with the superficial things, but I wasn't happy internally. I put emphasis on the wrong things." — place and I just want to say I appreciate it." While saying he still needs time to "get his act together" and take a couple of exams from last semester, Bullard also added that he wants to "get going" again. In particular, he said he feels responsible to those who elected him vice president. But he quickly added that those duties are "something I've got to balance with my own personal health." The goal, according to Bullard, is to do things one step at a time. lying in bed: "First, you're mor- tal; and second, life goes on. You think you're immune, but you're really not." A competitive soccer player for a number of years, the 24-year-old Bullard credits his "My biggest problem before was that I was too stretched out," he said. "My life was running me and I wasn't running my life. I was always going somewhere or having to meet with someone." "I really hope people will learn from my experience that you have to calm down and relax, and make time for free time and the things you want to do as well as the things you have to do. I also hope I re- member to listen to my own words." We hope so too, Todd. Welcome back. Guest Opinion Column Debuts by the Editors In an effort to provide a public forum for the views of the general membership of the law school community, The Opinion is instituting a new feature, "The Guest Opinion." Set in a column format, "The Guest Opinion" will provide students, faculty members, and staff people with the opportunity to share their thoughts and comments with the readership of the newspaper, and to express their concerns and views about issues that affect the law school. While readers have always been free to effectively express themselves through writing letters to the editor, "The Guest Opinion" will be reserved for lengthier and more involved commentary on issues facing the law school, whether they focus on internal problems or events, activity within the profession, or prominent legal developments affecting the public at large. It should prove to be an ideal format for members of the law school community to share their thoughts with, their colleagues, and we hope that it will become a lasting feature of the newspaper. Persons of organizations interested in submitting columns to the paper should follow regular guidelines for submissions to The Opinion. Deadline dates are posted on the door of The Opinion's office, Room 724 O'Brian Hall, and in the mailroom. All submissions must be typewritten and doublespaced. All members of the community are strongly encouraged to consider sharing their thoughts with our readers. American Secretarial 945 Ellicott Square Building 852-0958 Term Papers Word Processing Resumes Reasonable Rates Quick Returns Student Discounts • • • February 12, 1986 The Opinion 7 �by Timothy Burvid Being a beer drinking Buffalonian myself, I'vebeen curious about a new offering on the shelves of the local bookstores, "A Beer Drinker's Guide to Buffalo's Bars," which proclaims itself the ultimate gift idea in posters around town and on th« bar finishes sixth from the bottom in thefinal ranking, simply because their selection is limited to "just the basics." With all due respect for my friends and ancestors in the On the other hand, they rave about LeClub in theBuffalo Hilton, saying that it's "the ritziest room in town," and asking "how one cannot be knocked out by a $250,000 decor that in- BOOKREVIW campus. Greatly disappointed and out five dollars, I realized that this little treatise, about half of which is advertising, is less of a guide and more a mere list of the reaction of the authors to a minority of Buffalo bars. I suspect that if yourtastes perfectly mimic those of theauthors, then it will be as valuable a guide as Rand McNally's. Otherwise, I suggest you accept what little factual information they offer, and take their ratings, i.e. opinions, with a grain of salt. Thebook's rating system does a grave injustice to many bars, large and small, because it applies inflexible standards regarding price and selection, to a huge variety of widely different watering holes. Can one really expect a small neighborhood saloon, one that seldom has more than several dozen customers, to have the same extensive selection as an elaborate downtown bar that caters to hundreds of free-spending Yuppies nightly? Should a bar lose points for being itself? Consider Sam McCarthy's in the Old First Ward. The authors hail it as "as classic a workingman's bar as you're likely to find," and calls the bartenders "forthright and friendly." Yet, X\\ 8 this, than at a place where the extent of lighting extravagance is a neon Miller sign. The crucial point is that bars do have varying prices and selection, depending on where they are, and to whom they cater. The authors are also enchanted by something they call distractions, namely video games, televisions, and pool tables. Accordingly, in their opinion, the more distractions a bar has, the higher it rates. Pity poor Rude Boy's on Hertel Avenue, for example. While "remarkably clean and refined beyond dancing, and exotic listening and talking, there are none of the usual distractions no video games, not even a television." Who cares about good conversation, these guys just want their MTV. They say they like the Olde English Pub atmosphere supposedly found at Jimmy Mac's, but with the premium these guys place on distractions, I wonder how these two would react in a real pub, withouttheir electronic amusements. One must wonder how a book can justifya rating of bars, when the survey is incomplete. Humble Lenny's Place on the West Side has the dubious distinction of being ranked second from the bottom, next to a strip bar where a dancer used the author's necktie as a prop. Yet, there are over 600 bars in Buffalo, and only 141 are reviewed. I've never been to Lenny's Place (yet), but imagine that it did so poorly because it did not stack up to the personal criteria of the authors, by not having enough ... C ■- 19*5 NlWtUffAlO GRAPHICS <jSti gj eludes a computerized wall of lights." But thenthey whine because the prices are "wickedly high." Well, someone's got to pay for a quarter of a million dollars worth of light bulbs, certainly not Conrad Hilton. Obviously, things are going to be more expensive at a place like Ward, it's hard to imagine a man coming into Sammy's after working all day at the grain mills and ordering a Dos Equus XX. Even without the sunken dance floors the authors seem to delight in so much, I'm sure Sammy's does just fine by its customers. The "Q" Train Tha Opinion F»bni«ry 12,1988 ■■■ * —' — . . urW MM'e + BM/± distractions, not being populated with trendy, attractive young people, a recurrent point-getter, and because it didn't have the greatest selection ofbeers atthelowest price. One final point, a case study as it were, to illustrate the point that whatever Messrs. Anderson and Riley prefer, this is a matter of personal choice, which explains why some immensely popular bars received ratings that were otherwise inexplicable. Mulligan's Brick Bar, one of the busiest bars in the city, received a paltry two Buffalos (stars). They advise you to visit "before the crowds roll in," to take advantage of the "leisurely amusement" available, a pool table, hockey machine, and videogames. I should point out that all of these amusements are also generally available at your local shopping mall arcade. Obviously, public opinion differs substantially from the book's view, since the major attraction at the Brick Bar is the crowd itself. Fortunately, cooler heads prevail, and not only are the amusements inactive during PDH (Peak Drinking Hours), but the pool table is covered with a huge board, effectively transforming it into a most convenient resting place for patrons and their cases of beer. One would think that a book purporting to be a guide for beer drinkers would pay much less attention to things thatdistract themfrom the task at hand, drinking. One cannot deny that Mulligan's patrons correctly devote their attention to this primary pastime. / �Free World Prevails!!! Two L. Sec. II Crowned Football Champs The Two L. Sec. II intramural football team recently captured the world renown University at Buffalo Intramural Flag Football Championship. The tenacious squad battled thefierce subzero wind and frigid snow of U.B.s astroturf stadium by overcoming three playoff opponents in just one week of action. The season climaxed with a 34-0 drubbing of the enthusiastic, but overmatched. Terminators in the championship game. Last year. One L. Sec. II made it to the semi-finals of the University playoffs before losing a heartbreaker in the waning seconds. When asked if talk of a dynasty is warranted, a modest Brian Bornstein replied, "It's too early to tell. We keep improving all the time. Two L. Sec. II was basically the same sqaud as One L. Sec. 11. We are merely a year older, and that extra year of experience was reflected in our team play as well as in our team name." Some pessimistic observers wondered whether the "scramble and heave" offense of Two L. Sec. II would perform up to par in the tainted weatherconditions. Wide receiver Will Zickl, who showed up for the games clad in shorts, credited the pregame agility drills for warming up the players. "I'm so glad Public Safety forgot to open the stadium gates. Climbing a ten-foot spiked fence prior to a game really gets your juices flowing and is also great for balance. 0 yeah," Zick added with a smile, "it really doeswondersforyour latissimus dorsi." In allfairness to Public Safety, though, it must be mentioned that our gunless guardians did arrive in the middle of one of the games. They quickly ordered us to evacuate the field. After some friendly conversation, we reached a compromise: The football teams agreed not to leave the field on the condition that Public Safety would. The gates remained locked. In effect, then, Public Safety acquiesced to a situation in which university students were locked within a fenced-in enclosure. Keith Fabi, a lineman, and Nancy DeCarlo, president of the Two L. Sec. II fan club (a nonprofit tax exempt organization under section 501 (c) of the Internal Revenue Code), were both scheduled to take a Crim- inal Procedure final an hour after the game.They attempted to argue that Public Safety's acquiescence constituted an unlawful detention under the Fourth Amendment's constitutional guarantee against illegal seizures of the body. Impending law school finals often lead to fantastic hallucinations involving outlandish legal arguments. The game went on. The playoff week was marked by startling contrasts. Defensive end John Formica, who won the Ben Davidson Award for Outstanding Sportsmanship, played almost as aggressively as he argued with the referees. Yet John showed a more contemplative side when he decided to miss a game to "write a bleeping paper." Lineman Kevin O'Shaughnessy, a fierce Irishman, often bruised thebodies of opponents and the egos of referees. However, paparazzis caught a pensive O'Shaughnessy perusing some Michel Foucault literature at halftime of the championship game." Michel really has a nice way of describing human torture,"remarked O'Shaughnessy. Dual lives such as these pervadedthe Two L. Sec. II football franchise. Especially invigorating was the University at Buffalo Two L. Sec. II Exchange — Program. The Buffalo Basebulls sent catcher Mike Herb to the law school football team while intramural quarterback Rick Resnick will attempt to play catcher for the Bulls in the spring. Both players are excited about the exchange. Herb, a standout cornerback this past season, said he has learned a lot during his tenure with Two L. Sec. 11. "Not only have I learned a great deal about football," Herb exclaimed, "but I have also learned how to argue eloquently even when I have no idea what I'm talking about." Herb started the season quietly, but was eventually ejected from a gamefor a not-soeloquent fracas with a referee. Rick Resnick's initial hesitancy about being a catcher for a Division I team quickly turned into enthusiasm when he was informed that a catcher is the only player allowed to play the entire game while out of bounds. Resnick exhibited a strong penchant for running out of bounds in order to avoid flag football "tackles." Of course, a tackle in flag football occurs about as frequently as a meaningful conversation at P.J. Bottoms. Another beneficial exchange involves biochemistry Ph.D. candidate Tony Cutry and wide receiver Joel Schechter. Tony or Anthony as his friends call him, played a charged-up cornerback position with his elbow taped so thoroughly that he was more than once mistaken for a fiddler crab. Once, during a pre-game party, Anthony showed his love of football by threatening to suck an opponent's eyes out in the following be over for Two L. Sec. 11. Orchard Park native Bruce Hoover, a tight end, is trying to' arrange a flag football game between the intramural champs and the Buffalo Bills. At first glance, this may appear to be a mismatch pitting David against Goliath. However, the teams have settled on a certain handicap in order to even things out. "Two L. Sec. II has agreed to play the entire game with briefcases handcuffed to our earlobes," Bruce explained. "This should pose no particular problemfor JoelSchechter, whohas been seen with similar ornamentation dangling from his ears in the past." The projected game, though, may have to be cancelled if enough Bills are not able to scalethe U.B. stadiumfence. Two L. Sect. II: Is talk of (I dynasty premature. Maybe thereis a substitute for day's game. Joel, meanwhile, will spend some time in the biochemistry labs of the university. He intends to utilize the labfor extensive drug testing. The Two L. Sec. II organization had never been involved in a drug scandal in the past, so Joel was asked for the names of the suspected y- . .:■:■:"■. :":::^'"■ : ■'■■>■■■■ ■.-: .- .■ " Wf^jg^^^^^""-■ '" players. "Oh, no," he replied, "I don't intend to test the players. I just intend to test the drugs. I've been looking for something to get me through Schlegel's Corporations class." Joel was quickly reminded that in order to survive through a Schlegel class one must first arrive at a Schlegel class, something he hasbeen unable to do thus far in the semester. "Is there a drug for that?" Joel inquired. The season, though, may not Environmental Law Society Contest U/B is officially entered in the Sixteenth Annual Environmental Law Essay Contest of The Association of Trial Lawyers of America. Completed entries for the ATLA 1986 Environmental Law Essay Competition should be received at the ATLA Office no later than March 17, 1986 to be eligible for judging for the National Roscoe B. Hogan Award. Essays must address the issue "Should Multi-National Corpor- ations based in the United States be Held Liable in This Country for Their Extra-Territorial Toxic Torts?" Only one entry from your school will be submitted for na- tional judging. For this reason, we recommend that all students writing essays submit them to Barry Boyer for judging by March 1, 1986. Please refer to your official rules for format and other guidelines regarding the contest. The Opinion schedule for the 1986 Spring Semester is as follows: Issue 26-10 26-11 . 26:12(Omon) 26-13 27:1 Date of Copy Deadline* Tues.,2/18 M0n.,3/3 M0n.,3/17 Tues.,4/8 M0n.,4/21 Layoutt Thurs.,2/21 Thurs.,3/6 Thurs.,3/20 Thurs.,4/10 Thurs.,4/25 Publication Wed., 2/26 Wed., 3/12 Wed.,3/26 Wed., 4/16 Wed.,4/30 #Deadline is 12:00 noon. . p.m. tLayout will be in The Opinion office, Room 724 O Brian at 5:00 can be placed All articles must be typed double-spaced. Submissions office, Room 724 O Bnan Opinion in the manila envelope outside The Hall, or in mailbox #754. Subscribe to The mil Street Journal, and enjoy student savings of up to $44. That's quite a bargain, especially when you consider what it really represents: Tuition for the real worlds II ~Tbsubscribe[cS Or mail to: TheWall Street Journal. 200 Burnett Road, Chicopee. MA 01021 D Send me one year of The Will Street Journal for $63-a savingof$44 off Ike regular subscription price. I □ Send me 15 weeks for$26. D Payment enclosed. 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CLASS OF 1986 1986 REGULAR TUITION STATE 1 NEW YORK $875 NEW JERSEY $675 MASS., CONN., MAINE, VT., N.H. $775 SPRING SEMESTER DISCOUNT YOU PAY ONLY $775 Jk I $575 \J\J $675 STATE ' CLASS OF 1987 1988, & 1989 " 1987, *88 &W REGULAR TUITION NEW YORK $875 NEW JERSEY $675 MASS., CONN, VT., MAINE, N.H. $775 SPRING SEMESTER DISCOUNT D YOU PAY ONLY #5 $700 $s°° $600 A #50 DEPOSIT IN NEW YORK NEW JERSEY OR ANT NEW ENGLAND STATE RESERVES THIS PRICE. REMEMBER: THE LAST DAY TO SAVE _ n (y^//Off 401 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696; (201) 623-3363 (516) 642-1030 (914) 6644607 160 COMMONWEALTH AVENUE BOSTON. MASSACHUSETTS 02116 (617)497-1171 10 TIM Opinion OFF THE PRJCE is: **» February 12, 1986 1(\ ARf^FI £i%3 IVf irlr%..^\^Jl. OIOMIABBRI �2nd Annual Pine Lodge Party S.B.A. BASH Photos by Victor R. Shlnri February 12.1988 The Opinion 11 �jpWIIIIIIIflllllllM | | ftJRMiMtf lIRffIMY (In Honor of Abraham Lincoln) (In Honor of George Washington) OJSO?^ Month | | im Honor 1 | of February Only! . VALEtfriM& ) MX F | If you enroll between February 1 and February 14 | I AMhATJACH CUPIDS WULf to your enrollment form youHl receive B iiii» «oupon a^d^v mv ajA new use 4fthl^ iwi ik^ ■«■■ may b«^^ dHlonal f26VO* off only H •arettotf MwHl February 1 and Fabruary 14. tMt. AApjk|i*A* Brii^^^ fnrouff)i ■ ,^a» AAimjkM «M .. IQjyi\ itwj B^B^^ewaa^aë«Maaa>laa>MaMaaa»MaMa>liaaMiaa^Blßßßa^Bß^Bß^Bß^Bß^B^B^B^B^B^B^B^B^B^B^B^Bßiß^B^B^Biß^B^Mall ß^ a^Bt^^^aß^Bi /Vi^a^Bl «^^ b^b^b^. b^bV<^^b^bW ■ \ \ st^^Br \^^HW^ ' 12 AH .jh l^I*. X I ' i | | . IJIIIIIIIIIIIIIItBlBalaaMlBlBtMIIIIIIIIIIIIIIIIIMIIIilllir****"*'******"--"" L TIM Opinion February 12, 1986 j§ BbW^ /^Bv!s^^^!^WaV ■■ BV^B<| B^^ml Previous anrollaas and Hon Josaphaon/Kluwar atudants may uaa tills coupon for a $26.00 dlaeount on any Josophson/Kluwor Workshop Iff you enroll by May 31, INI. l_ m m mm —_* Mallrl aM^r Mail »■« auWajUBH noi vbbmvjaniapj mmj ai, an additional B^Be � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-02-12 Alternative Title An alternative name for the resource. 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Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b351668be224b7877606768de8c04a52.pdf db9bdfa8887137655dda6be2a168f098 PDF Text Text THE OPINION Volume 26, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW January 29. 1986 Professional License Declared Marital Property Subject to Equitable Distribution in Divorce by Victor R. Siclari On Thursday, December 26, 1985, the New York State Court of Appeals unanimously decided O'Brien v. O'Brien, Docket No. 628, holding that a professional license acquired by a spouse during marriage and to which the other spouse contributed financially or by other means is marital property subject to equitable distribution upon divorce. This decision places New York State in a minority position with respect to other states. According to Judge Simons, the decision reflects the legislative process and intent in amending the Domestic Relations Law in 1980 to add the provision for equitable distribution of marital property. Paraphasing §236 of that law, Judge Simons said "an interest in a profession or professional career potential is marital property, which may be rep- resented by direct or indirect contribution of the non-titleholding spouse. The full text of the opinion by Judge Richard D. Simons has been printed in the New York Law Journal. Monday, Dec. 30, 1985, pp. 4-5. The following is a summary of the opinion. The two parties married in 1971 at which time both were employed as teachers. Defendant-wife relinquished the opportunity to obtain her postgraduate degree and permanent teaching certification so plaintiff-husband could complete his bachelor's degree and pursue studies in Mexico as a full-time medical student in 1973. They returned to the U.S. in 1976 whereupon the husband finished medical school and his internship training and was licensed to practice medicine in 1980. The trial court found that the wife had performed the house- work, managed the family finances and was gainfully employed throughout the marriage, contributing all of her earnings to their living and educational expenses. Herfinancial contributions were declared to be 76% of the parties' income, exclusive of her husband's $10,000 student loan. The plaintiff-husband filed for divorce two months after receiving his medical license. The trial court found the medical license and degree to be marital property with a present value of $472,000, and made a distributive award to the wife-defendant of $188,800, representing 40% of the value of the license, to be paid in eleven annual installments. The court also required the husband to maintain a life insurance policy on his life for his wife's benefit for the unpaid balance of the award. The Appellate Division, Sec- ond Department, in a divided decision, concluded that a professional license acquired during marriage is not marital property subject to distribution, thus concurring with a previous decision in the Fourth Department. In reinstating the decision of the trial court. Judge Simons found that the equitable distribution law broadly defines marital property, "regardless of the form in which title is held," § 236(B)(1)(c). Marital property is a statutory creature which has gone beyond traditional property concepts and does not resemble and common law property interests. The legislature left it up to the courts to determine whether the property interests are separate property or marital property. Judge Simons further said that subsections 235(8) (5), (6) and (9) mean that an interest in a profession or professional career potential is marital property which may be represented by direct or indirect contributions of the nontitle-holding spouse, including financial contributions and non-financial contributions made by caring for the home and family. According to the statutory history, equitable distribution was based on the premise that marriage is, among other things, an economic partnership to which both parties contribute as spouse, parent, wage earner or homemaker and that these respective contributions should ordinarily be regarded as equal. Thus, upon dissolution of the marriage, there should be a "winding up" of the parties' affairs, much like a partnership. The concept of alimony, a means of lifetime support and dependence for one of the spouses, is replaced by the concept of maintenance, • continued on page 2 Dean Candidate Has Impressive Background by Peter Scribner William Simon, Associate Law Professor at Stanford University and reknown jurisprudential scholar, visited the U/B Law School December 12 & 13 at the invitation of the Dean Search Committee. Simon was one of the three dean candidates to visit the school this past Fall. During his stay here, Professor Simon met with small groups offaculty and staff members, and talked with students. Although only a law professor for five years, Simon pos- sesses an impressive and varied legal background. He worked in Boston for six years before going to Stanford, first as an associate at a large private law firm, then in a legal aid organization. He is therefore experienced in both large corporate and pro bono legal advocacy, in addition to his academic work. Simon is the authorof one of the most influential works on legal ethics written in the past two decades, "The Ideology of Advocacy," published in the fall 1978 Wisconsin Law"Review. In this wide-ranging attack on professional legal ethics, Simon contends that lawyers tend to treat ethics as a professional rather than a personal matter, and therefore avoid responsibility for the real world consequences of their actions. Attorneys attempt to act as partisan advocates for a client's end while simultaneously being neutral as to the justification of that end.Adherence to this concept of the professional advocate results in attorney be- copy, according to University Libraries officials. Sharon Schiffhauer, assistant to the director for budget and statistics, said the current fivecent cost per copy which has existed since 1979, has forced the University Libraries to operate at a loss for too long. This, she said, along with the need to recover staff costs, the cost of the newer photocopiers (approximately $7,500 to $8,000 flict between the client's goals and the attorney's personal ethics must be resolved, not ignored, even if this may occasionally mean the termination of the lawyer-client relation. In his visit to the school, Simon expanded upon this position. He stated that in working with law students, he attempts to explore the practical as well as the ideological restraints that inhibit attorneys from challenging the ethics of their client's actions. He believes that even junior associates have more _ continued on page 2 New Tax Professor Sought by Committee O'Brian Gets New Copiers; Higher Price by Paul W. Kullman it was out with the old and in with the new during the semester break as three Xerox 1045 photocopiers were installed in the Sears Law Library, replacing the three Xerox 4QOO models. The higher quality Xerox 1045 photocopiers were also installed in the Lockwood, Undergraduate and Science and Engineering Libraries. But higher quality photocopiers also means users will be paying a higher price per havior that the rest of society finds repugnant. Simon's answer to the problems of professional advocacy is to turn legal ethics into a personalrather thana professional matter. Attorneys need to take personal responsibility for the outcome of their actions in advocating their client's positions. An attorney, therefore could be a partisan of the client or neutral toward the client's goal, but not both simultaneously. The attorney and the client must justify each to the other. Con- by Krista Hughes The search for a new tax law professor resumed this semester when the Appointments Committee invited six faculty candidates to visit the Law School. Alvin Knott, the second of the six candidates, met with several students and members of the Committee on Tuesday, January 21. The Appointments Committee Hew Xerox Machine. each) and the more expensive supplies which they will use, will result in an eventual rise in the cost per copy. The increase, according to Schiffhauer and Director of the Law Library Ellen Gibson, will vary depending on whether a user chooses to utilize a plastic Vend-A-Card (at 7.5 cents per copy) or a coin (at approximately 10 cents per copy). The Vend-A-Card f.tature, according to a January 14 memo **<>» <-"dk: r.ul X. Hinmwid written by Gibson, was implemented in the Health Sciences Library in November 1985. and has been well-received. To use a Vend-A-Card, Gibson said the user must put a dollar into a Vend-A-Card machine (not yet availabfe) and will receive a permanent card pre-credited for 50 cents worth of copies. She said the card can be reinserted and pre-credited for any whole dollar amount up to 99 dollars. continued on page 2 also interviewed Victor Thuronyi, a Harvard Law School graduate who is presently working in Washington, D.C. as Attorney-Advisor in the Office of Tax Legislative Counsel of the U.S. Treasury Department. Thuronyi has published articles on developements in tax law and proposals for reform therein. He has also testified before Congress on vari- ous aspects of Taxation. Knott is currently a tax associate in the Manhattan law firm of Kramer, Levin, Nessen, Kamin & Frankei. He is now considering a transition to teaching because he feels that in practicing law one is often forced to "sacrifice depth," and teaching would give him an opportunity to "think about the broader issues" of tax law. Knott's approach to teaching would include three ways of "bringing tax law to life." One way would involve "tracing an individual through various transactions" so that students could become familiar with the practical aspects of tax law. Another approach would be a more theoretical policy approach in which Knott would explore the "basic functions of tax." The third approach would be applied to a basic tax law course and would be essentially analytical, a combination of the other two approaches. Although tax is a required course and classes will inevitably contain students who are less than enthusiasticabout the continued on page fi �Elected Greenbaum ■ UB Grad Heads NYSBA Buffalo attorney Maryann S. Freedman has been elected the first woman President of the NewYork State Bar Association (NYSBA). A graduate of the State University at Buffalo School of Law, Freedman was Confidential Law Clerk to State Supreme Court Justice William J. Ostrowski. She previously was an Assistant New York State Attorney General. Freedman is a member of the House of Delegates, NYSBA's governing body, and its Executive Committee. She is also a director of the New York Bar Foundation and is active in the New York State Conference of Bar Lenders. A past president of the Bar Association of Erie County, Freedman also has served as a director of the Association of Women Lawyers. She has been president of the Erie County Aid to Indigent Prisoners Society, Inc., Pretrial Services, Inc., and the Women Lawyers Association of Western New York. She is past chair of the United Way Task Force on Delivery of Legal Services to the Poor. The New York State Bar Association is the official of statewide organization lawyers in New York and the largest voluntary state bar association in the nation. Formed in 1876, its purposes are to aid the administration of justice, promote legal reforms, and apply legal knowledge and experience for the public good. Among its programs to accomplish such purposes are continuing legal education for its members, monitoring the attorney discipline system, law reform, public information, and the operation of a statewide Buffalo attorney Leslie M. Greenbaum has been elected president of the Law Alumni Association of the State University at Buffalo. Greenbaum, a 1974 Law School graduate, succeeds Rose H. Sconiers, director of the Legal Aid Bureau of Buffalo, as president. In addition to electing officers, all for one-year terms, the alumni group named seven members to its 21-member board of directors, allforthree-yearterms. Other officers elected were Doublas S. Coppola, vice president; Robert W. Keller, treasurer, and Robert Shaus, secretary. NYSBA President Maryaitn S. h'reeilman lawyer referral service. Membership in the NYSBA is voluntary forall attorneys licensed to practice in New York. Minorities Static In Hiring A recent study conducted by the National Law Journal (12/ 23/85) shows that while the number of women entering large law firms is rapidly increasing, the number of black and Hispanic lawyers has remained "virtually unchanged" since the late 70s. Asian-Americans, in addition to women, are being recruited at an increasing rate, attributable to firms' new markets in the Pacific Basin. Asian-Americans now outnumber Hispanic attorneys both as partners and associates. This is occurring despite the fact that Asian-Americans make up a smaller portion of the general population. These tendencies, according O'Brien Case.. which seeks to allow the recipient spouse an opportunity to achieve economic independence. The court found that nearly all of theparties' nine-year marriage was devoted to the acquisition of the husband's medical license in which the wife played a major role. Her continous employment, financial contributions, career and educational sacrifices and travel with her husband to Mexico represent investments in the economic partnership of the marriage, thus rending the professional license a product of the parties' joint efforts, i.e., marital property. It is irrelevant that a professional license has no market value. The Jegislature recognized this limitation and has provided for an award in lieu of its actual distribution as property. The court will not limit an award to retrospective maintenance or reimbursement for direct financial contributions since to do so would frustrate the intent of equitable distribution and the concept of an economic partnership in marriage. This would be analogous to limiting a spouse's share of real estate or securities to the money contributedwithout any remuneration for any incremental value in the asset due to appreciation, a result at odds with the statute. The court considered three additional issues brought forth by the plaintiff-husband. First, Judge Simons found thatthe evidence supported the factual findings of thetrial court to professors, the NAACP, and thefirms themselves can be attributedto thefact that "women come from the same social and educational milieu" as white male attorneys and thatwomen are entering law school in increasing numbers. One attorney noted, "There are so many women lawyers that you would have to engage in quite active discrimination to exclude women from partnership". Black attorneys say the commitment to hiring minorities which existed in the 70's has slackened. One lawyer said, "It's no longer fashionable to hire minorities. During the 70's, even white candidates asked how many minorities were in but the decision did not indicate what factors it considered or the weight attributed to them in making the distributive award, as requi red by the statute to ensure an intelligent review of the broad discretion entrusted to the trial judge. Since the Appellate Division has the same authority to make an award of marital property as the trial court, either it may effectuate the award or remit it to Special Term. Second, marital fault is not a "just and proper" factor for consideration in the equitable distribution of marital property except in egregious cases which shock the conscience of the court. The court reasoned that marital fault usually will be difficult to assign, will involve time consuming procedural maneuvers relating to collateral issues, and is inconsistent with the underlying assumption that upon dissolution of the economic partnership of marriage the parties are entitled to a fair shareof the marital estate. Third, the discretionary authority of theAppellate Division to award counsel fees or expert witness fees is as broad as the trial court and is upheld since it was not an abuse of discretion. In a concurring opinion, Judge Meyer points out thatthe Legislature shouldconsider the implication of the language of §236(8) (9) (b), which proscribes modification of a distributive award, once made.Because the court is dealing with a professional in training who is not committed to a career choice, a distributive award is based on The Opinion January 29,1986 2 the firm. I haven't heard that question in 10 years." Others say minorities don't stay in firms long enough to make partner because minority associates cannotfind a mentor to teach them the ropes in a firm. "People tend to gravitate to people like themselves, and some have trouble seeing blacks as like themselves," said Joy Jones, the first black partner in the New York City Rogers and Wells. Law firms say they hire the cream of the crop despite race or sex. One lawyer noted that it would be suicidal to turn down a top candidate based on these factors. continued from /Hive I many speculative factors, such as the final field of medicine chosen, the earning capacity of this individual, the duration of his career, and the possibility of physical disability. Thus, it should be permissible for the court to revise the distributive award to conform to facts contrary to the original decision, rather than making an unmodifiableaward which may The Environmental Law Society and SBA Social Committee are sponsoring a cross-country ski trip for all law school members, faculty and staff to Allegany State Park on Sat., Feb. 8. / We will be renting two vans to transport up to thirty people to one of the best cross-country ski areas in NewYork State. There will be no- charge but New Copier... As the Vend-A-Card is used up in the photocopier, Gibson said the photocopier will give a digital readout of the balance on the user's card. The balance can be increased at anytime by returning to the Vend-A-Card machine to re-credit thecardfor the desired amount. Gibson said one Vend-A-Card machine will be located on the second floor of theLaw Library next to the present change machine, while two others will be located in theLockwood and Undergraduate Libraries. According to Gibson and Schiffhauer, the new photocopiers produce better copies at a faster rate, and the increased cost per copy may per- lock a spouse into a particular kind of practice to meet the monetary obligations imposed by an award. Grants to Attend Conferences NOTICE The Budget and Program Review Committee will consider applications from students for travel grants to attend a symposium or conference on topics directly related to the on-going academic program at the Law School. Applications should provide (1) a statement (no more than two pages) which identifies why the applicant wishes to attend, how the attendance and information to be obtained will relate to an on-going academic program; what the applicant will do upon his/her return to share the benefits with the Law School and/or wider academic community, (2) a conference brochure or other publicity information and (3) a budget. The Committee will make grants (at least some of which will be reserved for the spring semester) of up to $200 during academic year 1985-86. Travel in 1985-86prior to an award will be reimbursable if the proposal is later funded. Spring semester applications should be submitted to the Dean (Rm. 319) by February 18,1986. Newly named as directors were Barbara Howe, Dan D. Ko hane, Margaret Lilis-Snajczuk, U.S. Magistrate Edmund F. Maxwell, Daniel C. Oliverio, Eugene F. Pigott Jr. and Thomas M. Ward. Greenbaum, a former Buffalo assistant corporation counsel, is a member of the law firm of Gross, Shuman, Silver, Laub and Gilfillan.He also has served as an instructor and lecturer on legal implications related to the fine arts and performing arts. A 1968 B.A. graduate of the State Universtity College at Oneonta, Greenbaum was student body president in 1967. PTSrkipi lanned those folks without equipment can rent all that's needed at Al legany. We will be leaving at approximately 8:30 a.m. from Buffalo and returning late in the afternoon. All those interested should attend a meeting in the first floor lounge Wed., Feb. 5, at 3:30 to sign-up and get further details. continued from page I suade off-campus users to go elsewhere once the new price structure goes into effect. Both admitted, however, that they are unsure when that will be. In the interim, users will be able to utilize the "new" photocopiers at the "old" price of a nickel a copy, when the photocopiers are working. At thetime of publication, only one of the three was in serviceand Gibson said she was uncertain when the others would again be operable. Dean Candidate cimiimmlfrihn pant' I room to maneuver regarding their client's conduct than they commonly believed. It is ironic that law school deans are expected to be scholars of the highest order, yet they spend more time fixing leaky roofs and drumming money out of state bureaucrats and alumni than anthing else. legal, While Simon's academic and scholastic experiences are extremely impressive, he acknowledges that he lacks direct administrative experience. He has never run a large bureaucratic organization, although through his work in Boston he has had extensive contact with such organizations. Simon believes he has accomplished what he set out to do in the academic world and is eager for the new challenge of being an administrator. He finds the law school here particularly appealing due to the diversity of both the faculty and students. Simon said that he found it frustrating trying to encourage his Stanford students to consider the opportunities and problems of the small practitioner, the pro bono attorney and the government lawyer when almost all of them were heading directly to large private firms. He says that Buffalo has a rare mixture Of students interested in a variety of legal careers. �The Eternal Pipe Bursting Ordeal Continues; Law Library Copy Machines Threatened Paul W. Kullman Yetanother chapter hasbeen added to the never-ending pipe-bursting saga being written inside the walls of theSears Law Library. •The latest incident in the tale of events which dates back to Fall 1984, occurred during the December 14-15 weekend in the middle of the final examination period. A pipe in therear photocopy room on the second floor suddenly burst, thoroughly soaking the carpet and necessitating the shutting down of the two Xerox photocopiers. The photocopiers were not damaged, but had to be unplugged because of the amount of water, according to Law Librarian and DirectorEllen Gibson. Gibson said the problem was compounded with the arrival of by the new Xerox 1045 photocopiers, "We wound up with four unusuable copiers sitting on a wet rug." But being "all wet" is nothing new in the life of the library or those who frequent it. The seventh floor roof leaked intermittently from 1977 until it was finally resurfaced last month. And the pipes, according to Gibson and past Opinion articles, have been bursting since the winter months of 1984, when a rupture occurred in one of the second floor walls comprising the Library Reserve Room. The same pipe ruptured again in January 1985, causing water to gush out as far as the display cases near the library entrance and damaging expensive ALA dictionaries and other books. Broken pipes in O'Brian copy nwm. PftoM Crtdll: IW Q. l/»mi>i™rf Gibson, in an interview with The'Opinion on Monday, Janu- ary 20, said pipes have also burst in the loan clerk's office. the storeroom adjacent to that room and the O'Brian Room. She said she was unsure of the total number of occurrences to date, but did add that several maintenance people have been in the area the past couple weeks and that it "appears" something will be done. "I've learned someone in the University has seen to a project to prevent the pipes from bursting on the whole south side of the building," Gibson said. "I don'tknow how they'll do it, but it appears the problem has finally been noticed and repairs are being planned." Dean H. Fredericks, assistant vice president for University physical facilities, was unavailablefor comment at the timeof publication. Yearbook Chartered By SBA; Bullard Back by Idelle Abrams The Student Bar Association, at itsfirst meeting of the Spring semester, on Wednesday, Jan- uary 22, covered a wide range of old and new business. They voted to charter therevived law school yearbook as a student organization, received PresidentSteven Sample's response to the open letter signed by the law school's nineteen student organizations, and announced the return of Todd Bullard to school and to his position of Vice President of SBA. Victor Siclari appeared before SBA to request a charter for the yearbook. The purpose of a charter would be "so that they can utilizeSub Board to deposit checks for ads that are sold," according to Siclari. He also asked for the "standard $200" allotted to new clubs as start-up monies. Siclari indicated that this money would be spent mainly for photography supplies so that the yearbook staffcould begin to take photos of the faculty and staff, special event, and candids of the student body. SBA voted unanimously both to charter the yearbook as a student organization and to provide $200 to help the yearbook get started. Lori Cohen, President of SBA, read President Sample's response to the letter sent by the law school student organization and published in The Opinion on December 2, 1985. The letter cited many students' conems about the state of the building, the control over classroom spaces, and the lack of word processing facilities in the library. But the stronger general concern was the "University Administration's disinterest" in the law school. According to the letter this disinterest was "made clear" by Sample's State of the University Address which "was devoid of any mention of the law school." Sample President responded, "Let me assure you that I share your pride in the reputation and accomplishments of the faculty of Law and Jurisprudence. However, as you can well understand, it simply is not possible to recognize every distinguished part of such a large university in every speech." In response to the specific problems raised in the letter Sample said, "It is usually most effective to follow the normal administrative channels in resolving problems and complaints" and recommended SBA take take up these issues with Provost William R. Greiner. Todd Bullard, SBA Vice President who suffered a heart attack in November, is now back at school and will resume his position as Vice President, announced Cohen. He will be working primarily with the Rules Committee where his ex- perience last year as chairman of the committee will be most helpful. Leslie Shuman, appointed as Special Assistant to the Pres- identwhile Bullard was recoup crating, will continue on that capacity. She will help carry some of the administrative burden. "We don't want Todd to go full stream," said Cohen. Several dean candidates have visited the law school in forums open to the student body. Cohen expressed concern that students generally have not been participating in these meetings. "I hear mumblings all the timeabout people who want to have input intothe school. This is a great time to have input. (However) there haven't been more than ten to twelve people at any of the meetings." Cohen encouraged students to attend the meetings, especially first year students who will be most affected by the choice of a new dean. The Social Committee reported on themany events they Rave planned for this semester. A "Happy Hour" is scheduled for Thursday, January 30 from 9 p.m. to 1 a.m. at Pine Lodge on Millersport. Five dollars will buy chicken wings and all you can drink. A "Suitcase Party," still to be scheduled, will raffle off a four day trip to sunny shores in three countries where "it never rains." The trip will be for the weekend of Washington's Birthday but the exact location the trip will remain a mystery until the prize is announced. The "Law Revue," the annual musical comedy revue featuring studentsand faculty will beheld at the Tralfamadore Cafe on Sunday, March 16. Everyone is invited to attend an organizational meeting being held on January 30 at 5:30 in the first floor lounge, or contact Howard Spierer, MB. #762. they occur. Photographs will be returned only if requested and it is placed in an evelope which Third, people are needed to work on the yearbook. If you are interested, please attend a Law School Yearbook Returns After 15 Years During the first week of school, many seniors had their photographs taken. Not only will the developed pictures be used forthe school's composite of the Class of 1986 and be available to the students for purchase, but the pictures will also be used in the law school's yearbook, The Advocate. The Advocate has been defunct since 1971, when the last yearbook was published. However, it has been revived by third-year studentVictor Siclari, and on Wednesday, January 23, the SBA granted it a charter and funded it $200, a standard figure for all new SBA organizations. In addition, assistance may be' forthcoming from the administration. Other funding for the yearbook will come from ads sold to area vendors, law firms and bar review courses, boosters (written messages) sold to students, and donations from the academic community. This business aspect of the yearbook is being organized by firstyear students John Williams and Josh Rosenblum. The remaining funding of the yearbook will come from the $12.50 price charged for purchasing the yearbook. Only a57.50 deposit will be required to secure an order for each yearbook, and depending upon the number of yearbooks, ads and boosters which are sold, the price of the yearbook may be lowered to $10. To make the yearbook successful, several things are neededfrom the students. First, for those seniors who had their portraits taken the first week of school, you must select the pose you wish to be used for the yearbook on Monday, Tuesday or Wednesday, February 3-5 in room 312 O'Brian, otherwise a pose will be selected for you. Any senior who did not have their portrait taken and wishes to do so must sign up for a sitting in room 312 by Monday, February 3, otherwise your pictures will not appear in the year- book. You may submit your own photo for the yearbook in an envelope with your name on itand drop it off at room 724 O'Brian Hall by Wednesday, February 5. Second, so that the yearbook will include candid pictures of as many students as possible, first, second and third-year students are urged to submit their own black and white or color photos. Candids can be pictures of law school events, law students, places or things which will evoke memoriesof U/BLaw School and Buffalo. Candids should be dropped off in Room 724 O'Brian by Wednesday, February 5. Candids of things happening later in the semester should be submitted as soon as possible after FREE BAR/BRI Review Course* Raffle Tickets being sold by The Buffalo Federalist Society $ 1.00each or 6/$5.00 —Available in front of library daily 11:30-12:30 �$5.00 credit off New York State ReviewjCourae. has your name and address on it. meeting/recruitment party to- continued on page 8 RESUME pECIAL! \MSM S Latko FOR STUDENTS & FACULTY rirfllSe) With this ad... PACKAGE OF 50! Includes 1 pg. resumes (BVz x 11, black ink) •• Typeset 50 Matching Blank Sheets • 50 Matching Blank Envelopes •ij£ NOW §g|i=j9§ CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE SAVE $5.00 NOW Expires 4/30/86 Save this coupon. — Serving North & South CampuMtl 1676 Niagara Fads Blvd. 3171 Main Street Tonawanda, N.Y. 14150 Buffalo. NY 14214 834-7046 835-0100 ...J January 29.1986 The Opinion 3 �Programs Offer Opportunity to Study Dickinson Students who wish to study in Italy, Austria and France next summer may enroll in the 1986 Summer Seminars Abroad program sponsored by The Dickkinson School of Law. Credit programs will be conducted in Florence, Italy; Vienna, Austria and Strasbourg, France during the Summer of 1986. Students enrolled in law schools accredited by the Association of American Law Schools or the American Bar Association are eligible to apply for admission to these programs. The first summer program involves four weeks of study in Florence, Italy, beginning June 7 and concluding July 4, 1986. European scholars and practitioners will work with members ofThe Dickinson School of Law faculty to teach courses in comparative law, comparative taxation and comparative tort and compensation law. Classes will be taught in English and will be conducted at the University of Florence. Each of the three courses is rated at two credit hours and involves 28 class hours of instruction and a two-hour examination. Registrants may enroll for a maximum offourcredit hours. The second summer session involves two consecutive twoweek sessions, the first in Vienna, Austria beginning July 6 and the second in Strasbourg, France beginning July 20 and concluding August 1,1986.During the four weeks accredited courses in international business law and international transport law will be taught by members of the Dickinson Law faculty and international legal scholars and practitioners. Facilities of the University of Vienna School of Law and the A little bit A little bit weekly seminars. A tax-free stipend and a fully paid comprehensive health plan are provided to each Fellow.The deadline for application submission is February 15, 1986. The Summer Management Intern Program offers^O college juniors, seniors and recent (1986) graduates the opportunity to work in city government fuil-time from mid-June to midAugust. Jo be eligible, students must have a permanent homeaddress in NewYorkCity. Summer Management Interns receive $2,000 for the ten-week internship. During the summer they participate in weekly seminars conducted by city officials. The deadline for application submission is February 1,1986. United Nations Commission on International Trade Law in Vienna and the University of Strasbourg School of Law and the Council of Europe in Strasbourg will be made available to registrants. Each of the two courses is rated at two credit hours and involves 28 class hours of instruction and a twohour examination. For additional information call or write Dr. Louis F. Del Duca, Associate Dean for Advanced Legal Education; The Dickinson School of Law, 150 South College Street, Carlisle, 17013, Pennsylvania telephone: (717)243-5529. Internship Interested students can find The New York City Urban Fellows and Summer Management Intern Programs offer 60 qualified students an opportunity to have hands-on experience in municipal government agencies. Program participants select their jobs in policy areas such as housing, planning, social service implementation, criminal justice, fiscal operationsand intergovernmental relations. The academic component of the program involves seminars conducted by city officials and graduate faculty affiliated with public administration programs in the metropolitan area. The Urban Fellows Program offers 20 outstanding college and graduate students the opportunity to participate in city government in both management and policy capacities. During the nine month fellowship (September May), Fellows receive an intensive introduction to New York City and its government, work closely with City officials on long and short-term projects, and attend - applications and additional information with their fellowship or financial aid officers, the de- partmental chairperson of their school, their placement officer, or by writing to: Director, NYC Urban Fellows Program, 220 Church Street, Room 338, New York, New York, 10013, 212-233-0489. San Diego The University of San Diego's foreign programs will feature law tutorials in the Oxford style and the participation of Mr. Justice Stanley Mosk of theCalifornia Supreme Court. The program for 1986, announced by Institute Director HerbertLazerow of the University of San Diego, will provide studentswith an opportunity to study law in the same way that English students do. The tutorial method involves a personal relationship with a tutor in the preparation of a series of essays. The student starts with a topic and a reading list, and brings an essay to the tutor, and of this . . . of that . . . The Central Park Grill SUNDAY OPEN MIKE w/Mike&Judd pJZsLe. MONDAY JAZZ JAM FRIDAY FISH FRY q, M $dVb WEDNESDAY Shakin' Smith and his THURSDAY Bluesßand BarDrinks SATURDAY lOC Wings $3.00 Pitchers Seasoned To Fit Your Taste 2519 Main Street "A real bar and grill" KITCHEN OPEN TILL 2 A.M. 4 Th« Opinion January 29. 1986 50c Drafts $100 defends it. The hour-long discussion ends with the assignment of a new topic. Tutorials will be available in a large number of areas of international and comparative law, from the common market to the environment. The Dublin program features Justice Stanley Mosk teaching a course on State Use of International Human Rights Norms. Justice Mosk has been one of the leaders of the court for almost 20 years, and has written many landmark opinions. He was also well-received when he taught for USD in 1984. USD offers foreign programs on International and Comparative Law generally in Paris, on International Business Problems (including clinical work) in London, on Anglo-American Comparative Law in Oxford, on Internptional Human Rights Law in Dublin, and on EastWest Trade and Socialist Law in Russia and Poland. For further information, please write to Mrs. Sue Coursey. Law School, University of San Diego, Alcala Park, San Diego, CA 92110. SUMMER LAW STUDY Dublin London Mexico City Oxford Paris Russia-Poland San Diego Foreign Law Programs Univ. of San Diego Schoolof Law Alcala'Park, San Diego CA 92110 Capital U. University Capital Law School has initiated a summer foreign law studies program. Copenhagen, Denmark, one of the most interesting cities in Europe, has been chosen as the site for the summer '86 program. The program begins on June 30 and lasts five weeks. Anyone finished with one year of law school is eligible to attend. Summer in Copenhagen is beautiful. The weather is generally sunny and warm. Copenhagen's latitude is about the same as mid Canada, but the gulf stream brings it nice weather. Being so far north, the number of daylight hours is enormous in the summer. The sun sets about 11:00 p.m. and rises at 3:30 a.m. In June, it never gets completely dark. Oppressive humidity does not exist. Sailing in the straits between Denmark and Sweden compares with the best in the world. Cultural opportunities abound in Copenhagen. In late June a rock festival reminiscent of Woodstock is held in Roskilde, just south of Copenhagen. Spectators camp out for several days and watch many different bands. The world famous International Jazz Festival takes place in Copenhagen during the month of July. The Tivoli Gardens is one of the most beautiful amusement and cultural parks in the world. The concentration is not on rides, but entertainment, making it more attractive for law students. The park contains / Travel many world class restaurants. Most all the bars have live music in the evenings. Copenhagen also has many beautiful buildings and museums. The Danish people have a free educational system for students which includes a monthly, living allowance. The population as a whole is very well educated and students are politically active. Most know more about American politics than Americans do. They have open minds and do not-conform to societal molds without question. Sexual mores are entirely more liberal as well. This culture is integrated into the student by providing housing with local families.Each student will be invited.to live with a Danish family during the five weeks they are in Denmark, and participate as a member of the family. The families will include Danish lawyers, so the student can also discuss law. Nearly all Danes speak English so there is no communication barrier. The curricula will be of an internationalflavor and consist of Trust Law, European Community Law, Comparative AntiTrust Law and^Comparative Trial Advocacy. Mock trials will be held before Danish audiences. Trials will be held by American students under American law and by Danish students under Danish law. All trials will use the same basic facts. Besides faculty from Capital University Law School, the faculty will also consist of two Danish professors. Dean Gulmann of the University of Copenhagen will teach his specialty, European Community Law, of which Denmark is a member. He is a world renowned expert in the area. Professor Lookofsky, also of the University of Copenhagen, will teach Comparative Commercial Transactions. This course will concentrate on international trade. Independent Studies will also be offered. A student can earn a maximum of six semester credit hours during the session. Two library facilities are available to supplement the lectures. The collections are of sufficient quantity and quality for research projects. All grades will be given by Capital University. The program has been approved by theAmerican Association of Law Schools. Travel opportunities are excellent. The train system is very efficient. Hamburg is only a few hours away. Stockholm can easily be accessed on a The weekend adventure. Norwegian fjords are very scenic for hikers. Denmark in itself has a lot to offer in other cities besides Copenhagen. Transatlantic transportation is being handled by the school. An economical charter flight is being looked into for approximately $700 round trip. The cost of the whole trip is very reasonable. Tuition will be the same as at Capital. Some scholarships are available to help finance the program, on a need basis. Room and board with families will not exceed $200. The buying power of the American dollar is greater in Denmark than it is in the United States. For information, contact Professor Palmer, Capital University Law School, Columbus, Ohio. �, ,4*^B?%^ y^^Tß^^ Igf^ 2^VH\ Hr^^pfe/iMI t vKv. -HBsT J/MI UNITED STATES MARINE CORPS OFF.CER SELECTION OFFICE ROOM 205 FEDERAL OFFICE BUILDING 111 WEST HURON STREET IN REPLY REFER TO: BUFFALO, NEW YORK 14202 Dear Law Student: As a Law Student at the University of Buffalo, you face challenges everyday in the classroom, and there will be many more to face fpllowing graduation. One of the biggest challenges will be to find an entry-level job at a good salary that will allow you to make use of the skills and knowledge you have worked so hard to gain. Unfortunately, most entry-level positions in the legal profession require a lawyer to be little more than a clerk for senior members of their firm. The Marine Corps offers an option for a small number of very special Law Students. the Officer. Selection Officer for the Marine Corps in Western New York. The option mentioned above is the Platoon Leaders Class with a Law Guarantee. A Law Student who completes this program will have a job waiting for him following Law School and acceptance to the Bar. His first work will probably be trial work, as either a prosecutor or defense counsel in courts-martial. A lawyer will have an opportunity to take on a tremendous amount of responsibility in a hurry. Marine Judge Advocates quickly learn how to handle themselves effectively both in and out of the courtroom. I'm After acquiring a broad background in court work, you will have the opportunity to experience a widely varied practice. A legal office in the Corps is very similar to a civilian law firm involved in general law work. You will, in time, be involved in civilian and criminal cases, torts, contracts, and other fields of Law, including environmental and international. You will counsel military personnel on their personal legal problems; everything from wills and leases to bunco and fraud. The experience will be directly transferable to civilian practice. First or second year Law Students are eligible to apply for PLC (Law). The Marine Corps will send qualified officer candidates to Quantico, Virginia for a ten-week Officer Candidate Course, following which the student will return to school as a Second Lieutenant in the United States Marine Corps in drills, an inactive status. This means no "Marine Corps haircuts," uniforms, meetings, or classes during the school year. While in Law School you will you may be promoted with your peers on active duty. During the summer months Office, during apply for active duty work in a Marine Corps Judge Advocate which you will receive all active duty pay and benefits of your rank. Following acceptance to the Bar you will be ordered to active duty for a period of three years. You could earn $23,000 your first year on active duty, $27,000 your second, and as much as $29,000 your third. > We will be on campus February 6th. See your Placement Officer for an ask interview or call (716) BU6-.U911A913 or toll-free a-800-FOR-USMC and for the Officer Selection Office. t Sincerely, -/JOSEPH k. </ S/COOLICAN First Lieutenant U. S. Marine Corps J»nM#iy.^ 1986, Thf.Option, 5 �OPINION mt% STATIUNIVSRSTTY Of NE»'YDHK AT BUFFALO SCHOOL Of LAW January 29, 1986 Volume 26, No. 8 Editor-in-Chief: Victor Ft. Siclari Managing Editor: Jeff H. Stern NewsEditor: Paul W. Ku 11man Features Editor: Timothy J.Burvid Business Manager: Harry Bronson Photo Editor: Paul F. Hammond Layout Editor: Kevin O'Shaughnessy ProductionEditor: Charles E. Telford Contributing Editor: PeterScribner Staff: Idelle Abrams, Dave Chapus, Sue Clerc, Diane Dean, Krista Hughes, Jack Luzier, Amy Sullivan. Contributors: John K. Lapiana, Jerry O'Connor, Melinda K. Schneider, Dana Young © Copyright 1985, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. O'Brien Poses Problems Editorial The O'Brien decision recently handed down by the Court of Appeals (see article in this issue) is a case with great import to law students who are obtaining their degree and professional license to practice law with the help of a spouse. The decision means that if any law student is receiving financial or non-financial contributions, either directly or indirectly, from a spouse, and thereafter seeks divorce, the law student's education and degree is considered an asset to acquire during marriage in which the spouse has an interest and claim (i.e. marital property subject to equitable distribution). According to O'Brien, the value of the student-spouse's degree and license depends upon such factors as the student-spouse's career objective, the expected wage in that field and the expected duration of employment (which in O'Brien was calculated as continuing until the age of sixty-five). This value is then discounted to reflect the present value of such life-time earnings. Finally, the court makes the award based upon the contributing-spouse's contributions and efforts. The case seems justly decided when restricted to its facts. The wife sacrificed her educational and career goals in order to help her husband achieve his. She traveled to and lived in Mexico with her husband for three years so he could pursue his medical studies. She even learned to speak Spanish so she could work as a kindergarten teacher and tutor while in Mexico. Thus, she is equitably entitled to a distributive award reflecting her contributions and efforts towards the attainment of her husband's degree and license. However, the impact of O'Brien in future cases of equitable distribution of marital property is at best uncertain. While there is little or no weakness in the reasoning of the main thrust of the decision (the degree and license is marital property subject to equitable distribution), there are several problems in the opinion which could render it either ripe for appeal to the federal courts or capable of distinction by the lower New York State courts. The degree and license was the only asset of the spouses. On a purely rhetorical level did the court in reaching its decision consider the husband's actions as an attempt to avoid an award of part of this asset to his wife? (The husband filed for divorce just two months after receiving his license to practice medicine. His wife asserted a counterclaim in her answer. Subsequently, he withdrew his complaint and reply to his wife's counterclaim. This resulted in thedeclaration by the trial court of an uncontested divorce for the wife.) On a substantive level, will O'Brien be limited in its application to cases where there is an uncontested divorce in favor of the contributing-spouse? Also, does this decision violate the husband's right to due process by refusing to consider the wife's marital fault and granting the wife a distributive award irrespective of such fault? Did the court exclude evidence of the wife's marital fault, even though it implicitly recognized the existence of such fault, on the question of equitable distribution merely because the wife was granted an uncontested divorce? (The court of appeal's opinion said, "We have no occasion to consider the wife's fault in this action because there is no suggestion that she was guilty of fault sufficient to shock the conscience.") Or, by saying that marital fault is not a "just and proper" factor except "in egregious cases which shock the conscience of the court," has O'Brien established a standard in contravention of 523618) (5) (d) (10) of the Domestic Relations Law, which says the court may consider "any other factor which the court shall expressly find to be just and proper." And if this is contrary to the legislative intent, will the state legislature amend the law to expressly reflect its intentions? Another problem is the court's reasoning for excluding consideration of marital fault. The opinion seems internally inconsistent since the court finds no difficulty in determining the value of a professional degree (compare the concurring opinion of Judge Meyer which acknowledges the speculative aspects of such determination) and the extent of the wife's contributions and efforts (which was computed as exactly 76%), yet reasons that "(marital) fault will usually be difficult to assign and may involve the courts in time consuming procedural maneuvers relating to issues." collateral While the O'Brien opinion can be seen as equitably correct with respect to its facts, it clearly has considerable problems with some of its legal analyses, especially with regard to its consideration of the issue of marital fault on the question of equitable distribution. Perhaps the court should have restricted itself to its reply to the question certified, i.e., a husband's license to practice medicine, acquired during marriage, is marital property subject to equitable distribution. In this manner, the opinion would not have opened up a can of worms by considering certain additional issues thereby giving future cases ample opportunity to distinguish O'Brien on its facts. .. Remembering Dr. King Last Monday, this country officially commemorated Martin Luther King Jr.'s birthday for the first time. A man of peace and a national hero. King devoted his life to social equality for people of all races and religions. For that, he surely deserves the honor which has at last been bestowed upon him. Rarely has one man possessed the eloquence and magnetic leadership qualities of a Martin Luther King, Jr. Rarely has one man been more influential in effecting legal and social change. Peace, harmony, justice and equality among all men was King's vision a vision toward which he worked tirelessly untilthe very day of his tragic assassination. Americans of all ethnic backgrounds should mourn the death of such a great leader. And every year, on the third Monday of January, we should remember not only howmuch this noble man accomplished, but also how much more remains to be done. — The Opinion 6 January 29, 1986 Concurrences and Dissents Response Methods A Legal — uear Messrs. Stern and Kullman: I must tell you thatI was very disturbed by your December 2, 1985 article on the Legal Methods Program. As a participant in the Program, and as a concerned member of the total law school community, I found your reporting both lacking in understanding of what Legal Methods really means and why the Program exists at this law school. You titled your article, "Legal Methods Students Concerned About Future," but failed to include input from any current participants. I don't expect that you had time to canvass us all, but comments from a representative sample certainly would haveenhanced the credibility of your article. While many of your facts about the Legal Methods Program are substantively correct; your presentation of those facts lacks context and does, I think intentionally, reinforce mistaken assumptions of superiority harbored and exhibited by some non-program participants. Since you mentionedthe fact that Program participants receive "special academic assistance," are privy to "a specialized academic curriculum,... take a reduced course load," and receive individual attention from professors and teaching assistants," it is also seemed as if the article should have explained exactly what all of that means. First of all, special assistance seemed to be a code phrase for tutorials. Legal Methods students participate in regularly scheduled tutorial sessions which are open to non-Legal Methods students. What goes on in the sessions is not privileged nor is it secret. They are for the most part conducted by teaching assistants, much in afashion similartothat of Research and Writing, in which all first year students participate. There are exceptions in which the professor has him or herself elected to conduct tutorials or to alternate with a teaching assistant. This is not the same thing as "individual attention from the professors." To my mind, professors here tend to be extremely accessible to all students. I have no sense as of this writing that they are particularly more accessible to Legal Methods students. The second code phrase was: "reduced course load." What was your intention in using the word "reduced?" DIFFERENT does not mean reduced or inferior. I take strong exception to your representation of these facts. The Legal Methods course is a course in landlord/tenantlaw. It meets on Tuesdays and Thursdays just as other classes meet. According to my assessment, that means thatall first year stu- dents are in class on the same days, at the same times, doing the same thing: trying to conquer the work before us! Finally, I have sensed, and in some instances been told, the following by non Legal Methods students, and here seems like a good place to address misconceptions that are reinforced by pieces such as yours: 1. Legal Methods students are in a four year program We, like most other students, are here for 3 years. 2. Legal Methods is the only special admit program It's — — not. 3. Legal Methods is only for people of color there are white students in Legal Methods. 4. Legal Methods students are here because they couldn't get in anywhere else—My conversations with other program participants and my own personal experience reveal that some of us were accepted at several other schools, often of national reputation, without the auspices of any "special pro- — gram." I personally chose SUNY law school almost exclusively because of its reputation as an innovative, progressive place of legal learning. In the beginning I really bought the hype I wanted to come here because I believed the place was "special". I've been somewhat disappointed in what I've found so far. Your article adds greatly to my sense of blighted hope. Sincerely yours, ... Fredericks Sands Editors Note: The description of the Legal Methods Program was taken from a brochure entitled "Opportunities for Minorities in the Legal Professions," printed 11-83 under the auspices ofAssistant Dean Vivian Garcia. Teacher Appointments Set Are you interested in providing some input as to whom the law school hires as new faculty members? If so, it is at this point in the school year that every student has a legitimate opportunity to make themselves heard. Since each of the student members of the Appointments Committee has a vote, the more input we get from our fellow students, the greater our ability to represent your thoughts and desires. The faculty members of the Appointment Committee have once again agreed to provide a time period for the students to meet with each candidate. Most of you have already seen the signs posted throughout the school indicating who the candidates are, and when they will be available to the student body. Hopefully, by the time this issue of The Opinion is printed, a good number of you will have taken thetime to meet with at least one of the first three candidates; Victor Thur onyi, Alvin Knott, or James Kainen. Being on the Appointments Committee has enabled us to witness the extensive work that goes into choosing thefew candidatesthat eventually come to Buffalo. The six people, who will interview at the schoolfrom Jan. 16 Feb. 11, have been selected from a pool of approximately 600 candidates. There are three candidates scheduled to interview at the - school over the next two weeks and each of them deserves our attention. The faculty has expressed some concern about providing time slots for students to meet the candidates formally. In the past, few people have responded to the opportunity, thereby embarrassing the Appointments Committee as well as the candidates themselves. It is our hope thatthis year will be different. If we are to get the faculty to take our interests seriously, we must be serious in presenting them. At each student-candidate meeting there will be resumes provided as well as comment sheets to befilled out during or after the meeting. The comment sheets are extremely useful in helping us get the pulse of true students so that we can vote accordingly. ■The following is the tentative schedule for the three remaining candidates to be interviewed: - Feb. 3 & 4 John Donohue: graduated from Harvard Law School in 1977, has earned other advanced degrees from Yale University. He is presently working in the YaleLaw School Program in Civil Liability. Mr. Donohue has also taught in Yale's Dept. of Economics and practices law with a firm in Washington, D.C. Feb. 6 & 7 George Kannar: graduate of Harvard Law School, class of 1977, and is also a PH.D. Candidate. He is presently a member of the Staff - Counsel for the ACLU national continued on page 8 Letter Urges Tenure To the Editor: An open letter to Acting Dean Schlegel: We, the undersigned students of SU NY-Buffalo Law School, urge you to request the Faculty Promotion and Tenure Committee to grant tenure to Professor Paul J. Spiegelman. We believe that Professor Spiegelman has made and continues to make a positive contribution to thelaw school community. His course in Civil Procedure, through which most of ushave experience his teaching skills, was botheducationaland intellectually stimulating. His course in Employment Dis- crimination Litigation is too important to fall to an instructor with less experience in the field than Professor Spiegelman. Further, his seminar in Law and Medicine is both timely and unique. Therefore, we urge you to request the Promotion and Tenure Committee to heed the call of students to grant Professor Spiegelman tenure so that he can continue to educate future classes at this law school. Signed by over40 law students. �The Boy Mechanic Kevin O'Shaughnessv And They Practiced Ethically Ever After "I think we may class the lawyer in the natural history of monsters." —John Keats The spring semester is here and a first year law student's thoughts turn to Ethics. The whole idea of a law school teaching ethics seems to be an anomoly. "Ethical lawyer" is like "big foreign car"; the words just don't seem to go together. "Ethics is only a onecredit course; that should tell you how much emphasis is given to the notion (We want you to be ethical, but not that ethical) of ethical conduct. The "course" consists of lectures, readings and video cassettes. The lectures provided me with several of the greatest naps in my academic career (I only attended a few; after a while I became concerned about snoring in public). . . remember one lecture that consisted of four men in suits talking aboutbetter office management. The idea proposed was that an efficient legal practice would encourage accurate bookkeeping and therefore discourage lawyers from taking the clients cash and becoming citizens of Brazil This theory falls apart when we meet the CodeOf Professional Responsibility. This is because ever since to be rented dresses (real rummage sale specials) and sensi- I was a child, I have loved sending away for things. You have to send away for the Code, and its always fun to get something in the mail (unless it's a summons). I don't recommend trying to acquire this book through other students because you'll cheat yourself of one of the few pleasures provided by the Ethics course. The video cassettes are the highlight of the entire course. The plots are all the same (just like television). A lawyer is placed in an "ethical dilemma." It's a tedious blend of the law and morals (Perry Mason efficient, accurate, accounting whiz who happens to be a thief. These guys put on long faces and talked about the consequences of stealing from clients: the lawyer would lose his license!... funny, but jail was never mentioned. The whole thing reminded me of a church sermon. If you're going to churcTi, you need prayer books. Since this is law school, you have to buy your prayer books. My favorite is The Lawyer's ble shoes. My personal favorite is the episode in which one lawyer tries to represent both the hus- band and a wife in a divorce. Pretty cunning, huh. All the twists and turns of a Robert Ludlum spy novel (how about a new series called Ethical, She Wrote). . Why don'twe get rid ofEthics and replace it with a course in Unethical practice. We could have clinics on How to Pad a Bill (Never put it under Miscellaneous that'sthe first place they look, spread it around, get creative!), or How to Use Privileged Information for Fun and Profit (Required Reading: George Washington Plunket's "Honest Graft"). meets Highway to Heaven). You can always spot the unethical people: the men are always in poorly tailored suits and have bad haircuts. The women are clad in what appear In the Public Interest We could have a United States Attorney GeneralRetrospective. I wouldn't miss the John Mitchell Anthology or the Edwin Meese Symposium. We could devote an entire section of the course to an ethical analysis of the United States Government's treaties with the Plains Indians. This course wouldn't help you on the bar exam but it would be applicable out in the "real world" (that meaningless phrase used by those legal drones whose sole concern is the bar exam). The Unethical practice exam would be multiple choice, just like Ethics. Students would be restricted to studying only the night before the exam, and in the same manner that the Boy Mechanic studies for hisEthics exam: I did the only ethical thing, I played poker. Diane Dean Graduate Says Writing Legislation Can Be Toxins Matthew If Greenblatt's career says anything about what it's like working for the State of New York as an attorney, it provides autonomy, a competitive salary, plenty of client contact (he represents the Department of Taxation and Finance and the people of New York, he says), enough free time to spend with his family, and a challenging legal career. In fact, the only thing he doesn't like is state work's reputation to the contrary. A 1975 graduate of U/B Law School, Greenblatt works for the Special Counsel for the Commissioner of the Division of Finance for the New York State Department of Taxation and Finance. Although the office's name sounds bureaucratic enough to put Greenblattunderneath loads of bureaucratic paper-pushing, he says his job where his personal input is ap- Having all but given up on ever.working for the New York State legislature, Greenblatt .took the CivilService test for entering attorneys. The Special preciated. "They give us the opportunity to leave here, to go to con- ferences, so you can get back to the main rush of the daily events and think about things in general. In fact they encourage us to think about ways to change the law, make it better, fairer." "Because I'm the law bureau, and because that bureau is so powerful within the agency, we talk to legislators; we talk to the governor. My ideas may not be adopted, but I can make sug- Counsel for whom he now works, Saul Heckelman, just happened to canvass him to write tax legislation for the "I didn't want to be a tax lawyer in law school. There — — my interest in tax emerged!" "I was very candid in the interview. I said, 'Look, I'm not trying to tell you I'm a tax expert, because I'm not. I do think that a good lawyer can learn anything,' and he bought it. I think that's true, though. I'm not being cynical." "I took this job because it was legislation. But sure enough, I have learned it." Having just taken another civil service Tax Regulation Specialist II Greenblatt seems to be building on what he's learned. When asked if he misses practicing law, Greenblatt hesitated. "I am practicing law!" "I mean clientcontact", he retest sponded. "I do have client contact. My client is the Department of Taxation and Finance. That's a little amorphous, but in a larger sense, my client is the State of New York and the people of I^dltOriill I^OIICV A siuociii Md fWH**l I" hat* hi, twMtll, employees that if I hear someone use the phrase, 'good enough for government work' (assuming that government standards are less than 100% and certainly less than private sector standards), I'll object to it. I know that when I'm downtown at 4 o'clock in the morning working on a bill, I don't want to be told it's good enough for government work." But there are characteristics that distinguish the two sectors, Greenblatt says. One is thepay. "I don't make as much as people who are making partner now in firms." The trade-off is personal time. "I can spend more time with my family", he says. Greenblatt may watch the sun rise in the Senate Chamber on occasion, "but it goes in cycles. I'm not working evety night, every weekend, holidays." He also loves the politics. "To me, politics is theultimate spectator sport. It's almost as much fun as football and maybe more fun than hockey. It's really great fun to talk about what the pres- »MMicid "hen his hci Intel nf ariicle h r«<nlrd 11,.«0er. tt n up in the ittsircliun til ilir dinimjl hoard to ptipti aiwtnvmnus letlels (h.- student should -tibinit the k-ttn m clear up any ambrauily or 4ucs.<ons cuMfwag ihe HjMUfcNI and methods nl onrialion ol this out policy regarding Ihc ne«spapei Ihe toUossiny it Ihe sUlcnK-nl of our guidelines |-or jmu^wn 01 cdUiMMI see Ihc Senlcmlvr M issue 111 Ihe o><wiiw In otuci — — state work in general is not thought of as being the best work." "I've gotten to the.point now — were some areas of law trade and patent, tax that I'd decided I didn't warn to do." But when the Department pf Taxation canvassed him to write legislation, "all of the sudden gestions. And if they're good what he loves wordscraftsmanship. "Tax law is equity. It's true law," says Greenblatt. "People have to do just what it says regardless of inconsistencies from one section to the next, so there's a tremendous responsibility on the person who drafts tax legislation to get it right, to get it clear, to get itconsistent." "I see writing legislation as a skill of precision with language. But I also see the need to look at tax laws from a practical point of view," he says. Here is reputation have for working very predictable, structured schedules, with frequent coffee breaks, "the whole thing that government state. ideas, they'll be considered." Much to Greenblatt's delight, the philosophy of giving attorneys room to be creative has remained constant throughout three tax commissioners. It was his legislative interest that brought Greenblatt to tax law. "I was involved in the legislative project at Buffalo, an extracurricular activity. The issue I worked on happened to be the same thing I'd done my Law Review article on (Greenblatt joined the Law Review staff when it was a writing competition alone, without the additional concern for grades). But in 1975,when I graduated, there were no jobs in New York State government because of the fiscal crisis, so I took a job with a firm in Rochester (Woods, Oviatt, Gilman, Sturman, and Clarke) and stayed there for five and a half years." developing, writing, negotiating, and commenting for the governor on tax legislation offers him the opportunity to do New York. I talk to legislators, negotiate with them. My job is more scholastic than adversarial, though," he said. The only problem Greenblatt sees with his job is fighting the 10 « ' aniilr in .1 sealed .nielope and indicate Ihc fgi|M v |M anonvmils tm Ihe nutmle ol ihc scaled ei,sel,.pe Himcsct. the siuik-nl should indisalc on a separate piece ol paper hisher name and icHrhonc number in o*dft 10fnsure ili.tt Ihc ailitlc 01 Idler ii *übmillcd mi iihkl lailh. fhe cnvflopc »ill he i>pened only h> Ihe Idiitip in 1 hid Of Mjna«in| tdilor. ArUdn ! A* ■»« bcginmn. ol eath semcMer in Ihe Our dawi or deadline*, layo.il> and publitalion are po«"l js carl* a\ pus^hlc pjmm io ihc deadline lw artnlcv II an j.i »i» Iv submincd Mibnuued muM be Adv sliuuld be ■Mlkoom and on ihe doof ol The Oftaraa't ollu;e. room 724 O'BliM Hall. All arlKln IIaMM, nwke d»«ild be il ad.ancc 10 Ihe Ml Mudcm lui«lej Jubs arc n >-d |..tt, Arcicle, talc, cc .tceploi by whmilicd ,paced lypoeller o»r irped double in order 10 latililale cdmni wuiil 10 be ad.eriiMn| >pac* lor club >non-»cd cenn lexcepl luntl ra.%ei» >-r club mcelinn. Alh IW ..ui.idc huMi«^>e% aller ihc deadline »11l be accepted and publi.hed only H prior nolicc 01 Ihc delay 11 «ivcn and approved by a «M| wbjetl copy upon requcu. 10 our ad.erminf me. a Paid ad. arc «.>cn Me nl .rttch t> bailable member of Ihe editorial board AIM ol iheboaid 1. powed on ihe door ot our ollice ««h eh* «M»inf |»tm^.«i a *p«c available ha%<v IW (Iflaaal n->CT>VN ihc neh M ahw Ik ».«din« ..I MndVm All aruclei received are >üb|«.l 10 edilin) lor tpellint. punclualion. dicuon. libel, ibndcr. or irammar ihe No >übManiive .jaKauihor cla.ily ihe meanmi ol xnmn r.,^.,, m««c rcMr»i«« mlr Ihi. iKludn chanaint .ord» in 4 >cnlencc in order 10 pcrmmion Iron i«e author. Aniclo may be chatifn in an anicle will be rude •ilhuul llrtlihi.rctei.ini HeWII», aj 1. rarely done. «.lh prelcrence «i.en 10 ihufinkn ,h.Hiencd if there v < lack ol »|»ce. Ho.cer. Headlines rcptccni Ihc main loiurtn. ittiic or topic 01 Ihc article and are dcttxU by ihc cdlloll.ll Mall ai layout Because Ihc lenfih ol an article, headline can »ary acvordme to Ihe sp»cc ItWKthm on ihc to a>vi|ned aiiKlev. ne»> anidn be puMithed 11 there i> enoujh space Priorily i»«i.en o>.ise .h. headline ilKli.K.u.l pw orter. cannot print Ihe headline ~yen by Ihe autho, hut to Ihe mclhod 01 prinlin.. article, Ic.lu.c arlKle, letter, to the editor and commemary in lhal order Due multiple, ol lou. r.« cample. accommodale the space available If any auihor .nhe, to hase a parlKuUr headline or lormuUle his/her Dm number of pun in ne.spapcr ,'uch a, T»» Tjir'-- 1, calculated in i, you on ihe ptuccns Ihc auihor -elcome allcncl bsow and the editonal .iM headline. IMracl 10 Ml o«n can only print c,,hi pa.es We -.11 try 10 prim in Ihe »h,lc ikelc may be enou.h copy for tea pain. lollo.imHOT any copy thai It preempted of impo.ia.ee We do It, to pr.n. ...kto on ,op« en, Since our Mall HA o—. !>«n »H» dndjm angles lor »hK* for »hich iherc il Ihe broadcu base ol ime.csi That by 00 nieani indicate, AI editor, «. H««l annual., a, he end of the spnn, ««. b, the .enc.l stall <«nc.l c<-«n.tM the la- school. ~, ««co».a». student. «h»l ••kiioih. <* •■< <* <*««•> »•'• memher, acquire .he,, status altec th.cc „'.!.. I*" oe .he otorcuot. '"»• dul^.ii.u*fil,.dlffefenlll«tl»oll.»o.i»eieM.i«* ""•«• and nuimrt thh uattn by c.nin, one ctmnkuiio. credit at lea« i»kt cefy th«je rss«s contribution,, pabUcaliftn of one ankle »>lh a student's by-line, nr Issu u*af4nc\. Out conliibulton ncdil is nhinnd by the nM MH liilm ot two photo,, or attendance and active panicipaiion at one Uyoul. or a'combination .H Ihe ahine X. oedH r, -M*-, MHfc, ,ht same au.clcl.nc, ai anidn. The ed.to.ial Miff nrmve. Ike " , „ , „,» '^11 .übmHted^ • » - LLT. IZ,i, »l«rinr..«l Zu Zl TZ !T <^A CM ,_ _„. . ... « « »« «.« « - ,£,T,TZ, .«utTI«."« ZZ* k.»n. Lai b.. » « •«•*• •■ -«»««"«••"-■• °<*~" »*" i-» rt« .. " """"• * l~"1~ •'••• " «■•" "* •""" I »*«•*-« ■««" •*-*«• •»-*-»•» »^««k«. ».« ident said today or what the governor said." And Albany doesn't seem to be a bad place to do that. Greenblatt says many New Yorkers were forced to move to Albany, resisting the move, 'to the sticks,' upstate. "Some of them were forced to leave the city because of their jobs. They hated the idea. They tried to commute back and forth, leaving their families in New York, and working here. Ultimately they gave in and moved their families up. Since then thepeople in my office had said it's the best move they've ever made." Greenblatt says U/B students should try to reach out to the .government market in Albany. It's more lucrative than the private bar in that area. And the civil service test, "after the bar exam," wasn't difficult, he said. When looking for a job there, or anywhere, Greenblatt said, UB students should keep in mind that the effort begun in the 70's to give UB a national reputation has worked. Even though I graduated in 1975, people say, 'Oh, you graduated from ÜB!' (noting its recent ranking as 17th best law school nationally in the Gorman survey). It wasn't the 17th best law school in 1975,but I still benefit today because of it. Keep in mind. There's pecking order to these things. Point that out to employers who may not know it." Greenblatt concedes that he may have been lucky to find a job doing exactly what he wanted to do writing legislation. But he says it's also a matter of distinguishing yourself by doing the job you were given, taking responsibility, and looking elsewhere if you're not finding what you want in a position. He doesn't remember whether or not he got an "H" in tax (he doesn't think he did) but Greenblatt seems to have found a niche representing the public, satisfying his own need to challenge his legal skills, and being part of a professional environment that encourages hardwork when there'swork to be done. certainly "And there's enough of that around here", he says. — January 29, 1986 The Opinion 7 �Anacone's Inn: An Authentic Buffalo Tavern The Best Beef, Brew, and Billiards Anacone's Inn 3178 Bailey Avenue Buffalo, N.Y 836-8905 "No hootin', hollerin, or loud noise." Words to live by from Dave Anacone. at the tail end of a Main Street "party bar" binge (P.J.'s, Third Base, Cassidy's, Mickey a Rats ...) and friend suggested Anacone's Inn. He claimedthis place was different This is not a review of Anacone's Inn; this is a tribute. Initially, I was reluctant to review Anacone's; a good drinker hates to give away trade se- and had great Beef on Week (roast beef on a Kimmelweck roll for those who have lived their lives east of Depew). As it turned out, my friend - BAR «mmm "I|MII ANACONE'S . crets. Publicity can kill a great bar. Once a bar becomes popular, there's a possibility it will betrendy people come trendy begin to show up ... .the regulars are forced to find bars the trendypeople don'tknow about or haveabandoned. It's an ugly, vicious, cycle that I've seen happen too many times. But Anacone's has been reviewed by newspaper before [The Buffalo News "Gusto" caUed-Aaacone's "the quintessential college bar") and has withstood full frontal assaults of trendiness. Anacone's remains real, even a bunch of would-be lawyers can't mess that up. I walked into Anacone's Inn five years ago during my sophomore year at U.B. I was was right and I havebeen going to Anacone's ever since. Anacone's best feature is that it's just a bar; not a "theme bar," not a "party bar," or an "eating and drinking emporium," or worst of all, a "fun foodrinkery" (the person who coined that phrase should be beaten to death with a Webster's Collegiate Dictionary, Un- abridged). Anacone's Inn is run by Dave and Lorraine Anaconeand their son, Mark. Dave is an interesting person; in addition to running the bar, he is a motorcycle an acenthusiast and complished jazz drummer. Dave's musical interests explain the presence of a world class juke box at Anacone's. The music ranges from great Jazz (I always play Dave American Secretarial 945 Ellicott Square Building 852-0958 Word Processing Term Papers Resumes Reasonable Rates Student Discounts Quick Returns • tenders). They are adorned with old posters, drink special signs, and pictures (there's a great one of Dave playing drums). The crowd at Anacone's is of all ages and backgrounds. Middle • • Resume Typesetting & Printing Service PHOTOCOPY SERVICE Dissertations / Theses / Reports •• Posters Rubber Stomps Engraved •• Plastic SpiralSigns Binding 1330 Niagara Falls Blvd. (opposite Boulevard Moll) Tonowanda. New York 837-4453 . 1518Walden Avenue (opposite Thruway Moll) Cheektowoga, New York 897-0861 Th« Opinion JMuary 29, ISM 8 understand Calculus (easier than #1), (3) find a major, (4) contemplate graduation, (5) avoid graduation, (6) find the meaning of life, (7) remember the starting line up of . The other main attraction is the pool table. There's usually a long wait for a game on Fridays and Saturdays. But you waiting don't mind at Anacone's. Anacone's has mastered the barroom fundamentals. The bartenders are friendly and helpful. The food tastes great, is reasonably priced, and is from served until 3:00 Sun-Thurs and 3:30 a.m. on weekends. It's still just $2.25 for the legendary beef on week and there's a variety of other sandwiches and bar snacks (I recommend the Cashews). Pitchers of beer are reasonably priced at $3.25 (Strohs and Genesee). Also on tap are Mol son and Strohs dark. There's also a good selection of imported and domestic bottled beers. The walls of Anacone's provide several hours of reading. HkXo Crtdlt: Paul S. Hammimd aged men in "Kat" hats drink with college students. All these nuances create an atmosphere perfect for having a few beers with a couple of friends. You can actually hear what someone next to you is saying, even on weekends. One of my favorite features is Anacone's last call, it's at 4:30 a.m. that extra half hour gives you added timeto: (1) try to understand the opposite sex, (2) Tax Professor... study of that branch of law, Knott refuses to worry. He admits, that "not everyone is going to leave (his course) loving tax," but hopes that "some who came planning to hate it might change their mind about that." He remains "convinced that tax is both important and interesting" and hopes that "students with open minds would find something interesting" in the study of tax. Knott is interested in coming to Buffalo because he is impressed with the diversity exhibited by the faculty. Knott's own background displays a great deal of diversity. He graduated from Yale Law School and Yale School of Management. While in the Management School he worked as a Teaching Assistant in Finance, Economic Analysis and QuantitativeAnalysis. He has worked for the U.S. Securities and Exchange Commission and is currently the Pro Bono Counsel and Chairman of the Board of Trustees of New Images for Widows, a non-profit organization to which he gives advice on tax and corporate issues. Outside of the legal field, Knott is involved in various community activities, from Union Shop Steward to founding a Block Association on New York's Lower East Side. Knott feels he would be comfortable in U/B's rather informal environment and would strive to be available to students. He is even comfortable with the grading system which is similar to the system utilized at Yale Law School. Knott feels that the use of "number grades implies an accuracy and precision which isn't really there. He admires certain liberal thinkers and stresses that if he were to come here he would encounter- no "cultural barriers." He was able to establish an easy rapport with students and displayed a genuine concern for what his interviewers thought Appointment Committee... •• Letterheads Envelopes Cords •• Business Tickers • Flyers try to a.m. THIS UEEK: tatt Brubeck's "Take Five", #147, and 8.8. King's "House Rocker" #148), through classic sixties and early seventies rock (BuffaloSpringfield, CCR, The Zombies, The Band) and up to present-day Top 10 (Bruce Springsteen, Talking Heads, The Pre- office. Mr. Kennar was the Domestic Policy Coordinator for Walter Mondale, as well as a memberof the 1984 Democratic Platform Committee. He was also a Teaching Fellow at Harvard College Feb. 10& 11 -Kirn Crenshaw: graduate of Harvard Law School, 1984. LL. M. Candidate at University of Wisconsin. She is presently a Law Clerk for the Wisconsin Supreme Court. Ms. Crenshaw is the sole minority candidate scheduledto visit the school. More information on each of these candidates may be obtained either from members of the Appointments Committee or from the candidates'resumes which are on file with Maria Calamita in room 317. Signs will be posted withthe dateand time Yearbook... 3:00 p.m. in 724 O'Brian Hall. If you are unable to make the meeting, leave a note in mailbox #754 indicating your name, mailbox number, phone number and what type of involvement you are interested in. People are needed to work on layout, write articles to accompany pictures, contributestories about the law school experiday at the 1973 Oakland A's, (8) discuss world politics, (9) decide what you would do if you won lotto, (10) drink yourself intooblivion (#lO can be achieved while doing #'s 1-9). I highly recommend Anacone's Inn. Give it a try some night have a beef on week put some jazz on the juke read the walls kick back and relax. It truly is "a home away from home". continued from page I about,the Buffalo area, the law school and the faculty. All hiring must be done in February, but it is unclear when a new faculty member will be chosen. U/B Law School had always had three tax professors until William R. Greiner left to assume' the position of Vice Provost of the University. Greiner is now Provost. According to Acting Dean Schlegel, "We have looked more or less seriously (for a third tax teacher) for the past four years" since Greiner left, and meanwhile the law school has been forced to "make do" with only two tax teachers. The Admissions Committee encourages students to meet with the candidates so that student feedback may be used in the selection of a new faculty member. The third candidate is tentatively scheduled to visit on Tuesday, January, 28, and the exact time and place of the meeting will be posted. continued from page 6 the candidates will be available to meet with students. Please contact any member of the Appointments Committee if you have any questions. We look forward to seeing you at the meetings. Robin Checkla Doug Hotter Ruth Lund Rob McCarter continued from page 3 ence, collect deposits for the yearbook, draw cartoons and art, and sell ads and boosters. Equally important is the need for people to brainstorm and contribute ideas as to what should be included in the yearbook and how it should be organized. Currently,there will be a section of color senior portraits, a directory of seniors, pictures of faculty, administrators and students clubs, a section of candids and a booster section. The yearbook will also include law school events, such as Law Revue, and pictures of graduation. This is your opportunity to contribute to a yearbook which will be a lasting momento of your law school years. Don't let itpass you by. Participate now. �- m OFF THE 1986 TUITION WHEN YOU REGISTER FOR BAR/BRPS NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, MAINE, NEW HAMPSHIRE, OR VERMONT BAR REVIEW. CLASS OF 1986 STATE 1 1986 REGULAR TUITION NEW YORK $875 NEW JERSEY $675 MASS., CONN., MAINE, VT., N.H. $775 SPRING SEMESTER YOU PAY ONLY DISCOUNT • $775 X I (f(j $575 $675 STATE ' CLASS OF 198? 1988, & 1989 1987, 4^9 REGULAR TUITION *: NEW YORK $875 NEW JERSEY $675 mass., conn., vt., Maine, n.h. SPRING SEMESTER DISCOUNT YOU PAY ONLY $700 Jk j S $500 $600 $775 A *50 DEPOSIT IN NEW YORK JERSEY OR ANY NEW ENGLAND STATE NEW RESERVES THIS PRICE. REMEMBER: « -^ lu/fTlfffori 401 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696; (201) 623-3363 (516)642-1030(914)664-0807 -160 COMMONWEALTH AVENUE BOSTON. MASSACHUSETTS 02116 (617)437-1171 THE LAST DAY TO SAVE OFF THE pmcE IS: «„ />^JVIAIVV^rI Z\} ~\J ITIHAIV/11 ©1986BARBRI January 29. 19«6 TIM Opinion 9 �ANEW SEMESTER. PAWNS AT TOWNVIUE UNIVERSITY BRINGING WltU »T A fc£> WEWED SENSE OF TOLERANCE AND GOOO FCU.OVOSHIP ~, BUT WAIT «U ONE STUDENT SEEMS A TAT) SURDf... I WHAT INDEED , IWG TAX> 1 CAN'-f TAKE IT ANVMOR6 ! THIS "HUMAM (LIGHTS* DISpL AY IN FRoKT OF TH£ UBRAfty IS A BIATENT (sO ATTEMPT TO DEN(&RAT6 i. W£ FOR OK6 AX NoT 6o(N<& To STANO gy AMO «T SeMe MARXIST MAJ-CoMn£N-TS fUIN DOWN TWS UNO 3- LOVe.' -roMlftHT X'LL R£PIAC£ THAT DISPtAV WITH AN AMERICAN Pi-AG, HANO- CRO , • HARPIES urtcicv CHET6O 6V oi i"« n*i»nTi»Tn« "^γ lN*>^ f rW*W JllllPiiiliililM Jlli -TtR'DCNoUNCING SUCrt Cue.-) PLA- SSmMOPASAMDA , P.I&MT SURL-Vi. HOW) It ANTI-AMERI- 6PEMT THERE (II >/ L/ ( / YJO J /) f II V I'M HER£ BECAUSE OF Voua ATCLOCIOUS SPEU-IN&1 EVEN 01UETTANTE CRVPTO* FASCISTS REASON ABLtMANof! I ! μER£ 6tCAUS6 PtANNED BREAK IN ? YOU'RE T«E mm y >w *^^ ? VMO1 !!/ Qf (COURSE 1 u*«u**\ VoVKESIJ (O J 1 /\ MUST OeeV THE RUt£S OF T« BHeWSH lAN&UAG6 ill So REMEMBER, RfiASoNAßl^' MAN'S SPfLUMfo RUtg. ; '• IF YOU'RE WAFLV... DICTIONARY' N6XT? ,. ,. , y ! BRI6F EiNCOUNTER- ■» __^ A RES IPSA LOQUITUR / \\l I xVx / /vl/j 1 x/\ / I )j I Ay-JL J(/ \(/\ - Midtistate 'Bar "Review offers an IXj I "Bar eE?(am. "We emphasize integrated affToach to the Oiexv sophisticatedmemory techniques, essay ivriting skids and a concise, organizedpresentation of the (aw. you wiiibe prepared and confident. PEIPER NEW YORK - MULTISTATE BAR REVIEW I* Speaks Tor Itself. j 90 Wiftis Avenue, MineoCa, %{y 11501 Telephone: (516) 747-4311 |~ Duane Barnes I Margoßeasley \ Ross Lanzafame James McElhone Brian Bornstein \ The Opinion January 29,1986 10 )i PROMOTE INTERVENTION ev/ERj/WHERfi". yy^** S <" HOUSEWIVES OF AMERICA ResotVED To . ANoW POST THIS OPEN L£T- - TOvJnVIW.6 μE SUR£ is J fflll L J ? PIEPER REPS Zoran Najdoski Walterjlamos Charles Telford Brian Mahoney Mark Pollard Judith Kubiniec Doris Carbonell Maria LoTempio JohnRowley Donna Siwek f\[^/\ I ] I \\J A\\ I\) nTv^\ ' 1 / / �/ ■ /// j //C^*» —— ■ ks2L%zr?^ // Mi mm *^^m // /^I?-^^ 7 The Opinion schedule for the 1986 Spring Semester is as follows: Issue 26:9 26:10 26:11 26:12 (Onion) 26:13 27:1 Copy Deadline* M0n.,2/3 /Tues.,2/18 M0n.,3/3 M0n.,3/17 Tues.,4/8 Layoutt Thurs.,2/6 Thurs.,2/21 Thurs.,3/6 Thurs.,3/20 Thurs.,4/10 Thurs.,4/25 Date of Publication Wed., 2/12 Wed., 2/26 Wed., 3/12 Wed., 3/26 Wed,, 4/16 Wed., 4/30 M0n.,4/21 "Deadline is 12:00 noon. tLayout will be in The Opinion office, Room 724 O'Brian at 5:00 p.m. All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office. Room 724 O'Brian Hall, or in mailbox #754. ®$S ' Persons interested in working on the Yearbook: PLEASE ATTEND IMPORTANT MEETING ** TODAY, 3 P.M. mm Room 724 O'Brian, or leave note in M.B. #754 Any senior who has not had his/her por- trait taken must sign up in Room 312 by Monday, February 3. S.B.A. By-Law 13 Requires: All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: (1) send a representative to one SBA meeting in the Fall of each school (before April 1) to report on year (before November 1), and in the Spring plans. and activities the group's (2) publish a letter describing the club's activities and plans in the Law 15 of School newspaper, The Opinion after October 15 and before March each school year. students who are (3) submit a list of at least 10 signatures of matriculated members of the organization. the rich variety of This Bylaw is designed to encourage an increased awareness of do which not meet all of activities within the Law School community. Organizations revoked, and charter(s) may-jit tje the above requirements may have their fundmg. (Adopted Apnl 198 tion ofthe SBA Board of Directors -be deniedfuture discreV NEED RESUMES IN A HURRY? Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive • Tn. Amherst, NY 14120 (offSweet Home Kd. between No. French &TonawandaCreek Rd.) (716) 691-7480 Quality • Dependability • Fast Service • Moderate Prices January 29,1986 The Opinion 11 �~iiiiii«iiiMMMJMiMiwiiiiiiiiliiiiiiiii«iiiiiiiiii " ilium "" (ft ppft ■■*—_■% I_L_Q_P I _E_ BP ■__. U v v*Un!l M (In Honor of Abraham Lincoln) (In Honor of George Washington) &J*5C)S^ | 9 -^^> I I IM [ am»ATIACH CUPIDS Mlt | | 1 I HOMORorVALEtfrME^My If you enroll between February 1 and February 14 to your enrollment form yoir ll rocolvo an additional ___ CT^jS?^^ = .. ——~ N*w«nroll««s may us* thl* coupon forth* ad.Hlonal $29.00 off only H .nrolUd b*tw**n February 1 and Fabruary 14, 1181. —.. __ ___ _ _ — ____—. ____-. ____. „, , ~ __ ~ __^ l__V^Bk /o^__l f^k B^ WOpJ ■■____^/^-_~^_siuW^ _r^^^^aM Previous *nroll**a and Non Jos*phaon/Kluw*r stud*nts may us* this coupon for a $28.00 discount on any Jos*phson/Kluw*r Workshop If you *nroll by May 91, 1116. I Wrm V %_«St^ \ ~^a_~ MBL _l _fe_%. bY (coupon not mUd «n«r May 31,10M) "■■•— The Opinion 12 | Month of February Only! •~—— —~~~ January 29, 1986 —^ "^ . «-—— 6HHI JSMSIIMIMQMWbH6jl HHM6l6Mall OMManB. kkL ' I < I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-01-29 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/29/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:54:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/603e4848ca4386dae006512faab41641.pdf 85803f2adcce33235f23454b0b6dc437 PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 26, No. 7 December 10, 1985 Profs. Atleson, Lindgren Request Sabbaticals by Idelle Abrams Faculty sabbaticals have recently been an area of contention on the SUNY at Buffalo carnpus(see Reporter 10/17/85, 10/24/85). In the law school, sabbaticals create many problems in allocating thework load and providing course offerings to students. Central to these problems is the fact that the University does not fund sabbaticals as far as insuring delivery of its program. There are no resources with which the University can hire replacements for faculty on sabbatical. Next year, the law school will once again be confronted with these problems, as Professors James B. Atleson and Janet S. Lingren have both requested sabbaticals to pursue their respective research interests. "By university policy one has to certify that the unit can get by," said Acting Dean John Henry Schlegel. "Of course thereis no unit in the University thathas excess resources, so by definition that's not true. It's like theKttle boy in the dyke. You're always jjyaving your finger from here to there. The notion that there are excess resources and thus that there is something to move from here to there is clearly ludicrous." Some leaves you absorb generally, said Schlegel. There are no replacements. In other situations, like the sabbatical of Professor Kenneth F. Joyce this semester, you have a required course that must be offered. Somehow, someone must be fo jnd to teach that course. • In the case of Professor Mar- jorie.Girth,who is on a one-year sabbatical until September, 1986,the law school had a lot of notice. Even under these circumstances, however, often the best the school can do is Professor, tames B. Ailestm. I'holo Credit: Paul i. Hammond give students advance notice and open up classes on either side of the sabbatical year. Generally though, thereis not much lead time to inform people of faculty sabbaticals. Often the length of a sabbatical is determined by whether or not the professor gets a grant that will cover the difference in salary. Notification of a grant award usually doesn't come until March or April. There is no real way to adjust for this. "If the University considers these prestige awards, as they are, then you have to help your faculty be able to take advantage of them. You can't lock them in before the awards are made," said Schlegel. There are nevertheless significant advantages that weigh in favor of Sabbaticals. Schlegel said, "You can see the difference when people come back. They're more willing to do new things, to fiddle. Generally, they've thought about some new material that's interesting." This view is attested to by Atleson and Lingren. Both are long-standing members of the surge in employment and a strengthening of labor, Atleson said. The Labor Board gave unions the sense of solidarity and the institutional stability they wanted. The Board supported unions and granted faculty, have had previous sab- use of wildcat strikes and slowdowns as a means to address baticals, and will vouch for the regenerative and recuperative benefits of a sabbatical. It is also an opportunity to begin to pursue a new area of interest or to bring to fruition a project that has long been in the works. Professor Atleson has several projects planned for his projected semester sabbatical in the Spring of 1987. Primarily he will begin a legal and historical study of the regulation of labor during World War 11. His hypothesis is that the shape of labor law after the war was substantially affected by the war in both the amount and scope of membership protection through union security clauses and maintenace of membership. The war effort precluded the workplace control questions. After the war "these workplace control issues just got lost." The war encouraged centralization of power in the union. Also during this time the Labor Board encouraged parties to settle disputes through arbitration. legal regulation. This is part of a larger question Atleson wants to addrees which is, "Can we determine what the effect of law is on labor?" In this fiftieth anniversary year of the Wagner Act can we look at it and have any idea whether or not the Act had any effect? Can we look at the National Labor Relations Act (NLRA) and have any idea how important it was, or if things would have been any different without it? The war had the effect that war always has a great up- — . Professor JttneiS l.nulxh'H. Opinion Mi- Muttn One could argue that all of these developments arose in the context of a time period in which strikes were not allowed. In these and other aspects of the labor relation "the courts have adopted policies thatlook exactly like the situation" in which these relationships and attitudes were formed, that is, the situation of World War 11. "In order to evaluate the NLRA, one can't avoid a historical framework in which it is either enacted or applied. You can't understand current law without looking at history and clearly you can't ignore the war," said Atleson. Professor Lindgren, who has applied for a sabbatical for the full 1986-87 academic year, has been exploring an issue that actually grew out of her last sabbatical. At that time, Lindgren looked back to the period 1870 to 1920 in New York to examine every constitutional decision by New York courts on the basis of due process. As Lindgren followed the cases, she found thatinstead of "the courts saying no and that being the end of it until the courts changed their mind, there was a lot of interaction between the courts and the legislature." The approach this suggested to Lindgren was that people in lawshould "stop just focusing so singtemindedly on what the courts have to say because it's really a much broader process. Somewhere in the interaction back and forth there is a role for legal scholars which isn't justcritiquing the courts." Following this line of thought and finding one statute in her earlier work that didn't fit any of the categories she had de<iinlimwd <«i /Hifte 4 Dean Candidates Visit UB Law for Interviews Professor Trubeck by Krista Hughes The Law School Dean Search Committee resumed its pursuit of a new dean when it invited three candidates to visitUB Law School this semester. Louise Trubeck, Clinical Supervisor, and Lecturer in Law at the University of Wisconsin, and the first of the three candidates, spent two days meeting with Law School administrators, faculty, and staff. On Monday, Nov. 25, Trubeck also met with about 20 students in an informal question and answer period. Professor Trubeck's discussion with the students touched on some of her interests and concerns, among which are the further development of a good, clinical program and the importance of improving and maintaining the quality of student life. Trubeck was attracted by ÜB's reputation for being a progressive law school and is impressed with its "excellent faculty." Trubeck has spent the past twelve years supervising the Professor Teitlebaum .. Clinical Program at the University of Wisconsin, and, con- by Krista Hughes sequently, is interested in "the integration of theory and practhrough the clinic." She tice notes that ÜB's clinical program is in a transitional period and that this "would be a great opportunity for (developing a) relationship between the practical experience for students and the integration of that experience into the work of theprofessors, and also for providing some community service in terms 0f... some kind of legal representation." Trubeck's involvement with the Clinical Program in Wisconsin provides her with certain goals and ideals for any law school's clinical program. A clinic should be "open-ended" in order to respond to individual student needs, and flexible enough to deal with new ideas. Clinics are established primarily for the education of students, and while they provide some legal aid for the community, Trubeck admits "they can never be major sources of legal services." Dean Candidate Lee Teillehtmm. Vhalo Crrdil: Vkfnr R. Sktari The main problem witha clinical program, however, is not a lack of need in the community, but the allocation of resources. Trubeck said that she is surprised at UB Law School's limited budgetary autonomy. The law school's general lack of independence from the rest of the University is a problem which concerns many law students and which was presented to Trubeck. Although she believes in "law schools thatrelate to other disciplines" and in the importance of maintaining an intellectual bond with the rest of ÜB, ciwtinurit on page 4 The second of three dean candidates to visit UB Law School this semester spoke with students on Tuesday, December 3. Lee Teitlebaum, Professor of Law at the University of New Mexico, spent about forty-five minutes answering questions from a group of fifteen law students. Teitlebaum, who taught at UB Law from 1971-73, said, "I don't view being dean as the next step on a career ladder of some kind it strikes me as rather a detour." When asked why he wants to be Dean of UB Law School he replied, "I'm not sure that I want to do it in the first place. I want to do it only if the resources are available so that the educational program can be strengthened ... to the extent that what I regard as a first-rate faculty can be maintained." Through his experience with ÜB, Teitlebaum has found the law school to be a "remarkably imaginative school." He views the "Buffalo Model" as some- , ... thing of a symbolic appellation which "standsfor an interest in experimentation," and in "trying to teach law in the context in which it applies." Professor Teitlebaum's interests He mainly in the fields of juvenile and family law, subjects on whichhe has published extensively. Although a member of theLaw and Society Association, and although he has doneconsiderableresearch withpeople in other fields, Teitlebaum is not an interdisciplinarian. He claims, "I am a pretty intelligent consumer of that literature but I do not want to' lose the perspective I have as a lawyer. The Law comes first." Teitlebaum also does not ally himself with the critical legal studies movement. Instead, he considers himself to be more of a "fellow traveller." He sees critical legal studies as "a range of views which may have as a common element the assumption that formalism was never a plausible theory of law." Al- . continued on page 3 �Federalist Speaker Addresses Right to Work by Idelle Abrams are not 'the people' but rather the administrators, bureaucrats, and the party apparatchiki who control access to that prop- The Buffalo Federalist Society sponsored Dr. Daniel C. Heldman who spoke at UB Law School, on "The Theory and Concepts of the Right to Work," on Nov. 21. The Federalist Society bills itself as the only rightof-center organization in the law school and aims to present a range of ideas that otherwise would be lacking at the law school. The intersection of law and economics is currently a hot area of academic concern, stated Dr. Heldman, Director of Legal Studies of the National Right to Work Legal Defense Foundation in Washington, D.C. However, he said, there has been very little economic analysis of labor law. In his talk, Heldman intended to give a very concentrated introduction to this area, limited to the right to work issue. "The employee is a forgotten element in labor relations and hence in labor law," claimed Heldman. He pinpointed two reasons for the erosion of employee rights: first, thesubordination of employee interests to the interests of employers and unions, and second, what he called the collectivization of erty." From there, Heldman went on to say that "the new class in our system of collectivized industrial relations consists of unions generally and union leders particularly, because the law grants to unions and in effect to those who control unions the virtually exclusive power to define what employees may or may not do in a labor relations context." Heldman then attacked compulsory unionism and questioned the contractual foundation of labor law. Can we say the employee.has a "right" to join a union if, under certain conditions, the employee is unable to choose notto be a union member. "Are there any commercial contracts in which virtually all the important responsibilities survive the term of the contract as is the case in labor law?" Heldman found these questions to be elementary, "yet as with many other issues involving labor law, logic is an inconvenient factor," he said. Asking what arguments underlie the phenomenon of compulsory unionism and exclusivity, Heldman set outto develop and oppose the arguments for union security in terms of the "free rider" problem. The unions argue exclusivity as a matter of fairness; that is, if the union is obligated to represent all the people in a bargaining unit, then the employ- rights. Heldman made the analogy between this concept and the concept of collective property in a socialist state. Quoting Milovan Djilas, a Yugoslav analyst and observer of Marxism, Heldman said, "What is owned by everyone is in practice owned by no one. The real owners of collective property ees should pay the union for that representation. The alternative, that the employees take a "free ride," would quickly lead either to bankruptcy or require the union to reduce its services. The unions also consider exclusivity a necessary element, said Heldman, because of the "public goods" argument. In certain areas the benefits obtained by the union legally obligated to give these organizations our money. He. disallowed an analogy to government saying government is sui generis. Govenment is by definition unique and possesses a sovereign right to coerce which no other organization can claim. As to the public goods argument, Heldman contended that there has been no adequate proof that net advantages accrue to everyone from being represented by a union. "We are not trapped by statistics on increasing wage levels," said Heldman, "because logically unions can only take credit if higher wages wouldn'thave occurred but for the union. People have also gotten taller, but the unions can't take credit for that either." In efforts to eliminatefree riders by compelling everyone to pay, Heldman argues the unions have created a new category, the forced rider. The forced rider who does not receive a net advantage, in turn, the creates a new free rider union itself. His argument was that the union is now receiving a benefit from dues for which it is not paying in providing positively valued services. What then is the measure of a free rider's obligation? What is the proper standard by which we can determine how much a free rider should pay? Heldman suggests that the free riding person should pay the cost to the union of providing benefits. To determine this Heldman said we have to look at the union activities that produce — Dr. DmiielC. HcUlllulll. I'holo In I'liul Fμ llitinnwntl cannot be distributed to members only. Non-members also benefit from better lighting, more bathrooms, and an em- ployee cafeteria, for example. Heldman counters the fairness argument by declaring that there are many organizations that create benefits for people who do not support them financially, yet we are not PASS WITH PIEPER benefits. He named three: collective bargaining, contract administration, and grievance handling. Many who benefit from these activities are already union members. He suggests we apply the marginal cost approach to determinehow much it costs the union to provide services to non-members, given that it is already providing these services to members. Of these three services, says Heldman, collective bargaining and contract administration have zero marginal cost. It doesn't cost more to negotiate for one more employee, just as it does not cost more to prosecute a class action suit if you add one more plaintiff. v The exception to the zero margin cost is the grievance procedure. Heldman's answer to this is to charge non-members a fee to use this grievance machinery. An active question and answer period followed Dr. Heldman's presentation. While people tried to bring in historical factors or cost generating activities that Heldman had not factored into his equation, Heldman maintained his argument. The free rider is a free rider because under exclusivity he knows, said Heldman, that he can get the benefit of union services without paying a price. How should we resolve this problem? Heldman says repeal exclusivity. The unions say impose union security. Millions of dollars havebeen spent pro and con in this debate, and no clear solutions have yet been found. jf RUNS THE dk oF]l EXTRA MILE I FOR YOU! Pieper gives something in addition to what is due, -= jjp expected, or customary j§ Jlliijiß in a Bar Review Course. The Pleper laminar it now the "hot" bar review court* In New York. Pieper organltes and summarizes the law you rvt*d to pott the Exam without bulky, hard-to-read books. This extraordinary effort John Pleper will guide you through that difficult period, leaving nothing to chance. Doe* hit personal approach work? Don't take our word ask our alumni. For more information contact - your Pieper Representative or I 90 Willis Avenue, Minoola, New York 11501 (516)747-4311 I ■Hid The Opinion December 10, 1985 fi makes the difference. Pieper New York-Multistate Bar Review, Ltd. 2 ~ telephone: (516)747-4311 §^W^i Ha P V-1fJ- \IP PIEPER NEW YORK-MULTISTAtE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 �Concurrences and Dissents Law Library Human Rights Display Vandalized To the Editor: Sometime between Friday and Monday of Thanksgiving weekend, theLaw Library's second floor hall display case was broken into. A controversial poster drawing attention to a new library collection of materials on human rights was removed and replaced with the U.S. flag and the attached statement. This unsigned statement threatens future night raids unless the anonymous writers' undefined views of "truth" and "simple fairness" are adhered to. The librarians who put a lot of effort into creating the human rights display are understandably upset over the theft of their work product. More important, the librarians are concerned that self-appointed censors seem bent on controlling, by whatever means, the content of library displays. During the course of the University's investigation of the theft, the library display area will focus on freedom of speech. Ellen M. Gibson Director of the Law Library Editor's note: The vandalsleft the following message at the scene of the crime: In the name of truth and simple fairness this blatent (sic) distortion of reality had to be — such a narrow minded viewpoint stop trying to shove their misguided opinions down our throats these types of actions will continue to be necessary. And will continue to be carried out. In any other country this display would walk the borderline of disloyalty and treason. For those who would degrade our great nation in this way to be allowed the use of this display case is abhorrent to us. We are not trouble makers. We are Americans and damn proud of it! — Signed: Some very concerned "Patriots" removed. Until those who subscribe to Law Library Hulli'lin Board. Photo Credit: Victor ft. Sicluri Peca Addresses Commencement Concerns To the Editor: I would like to take thisopportunity to respond to Susan Berkow's letter. Not only did she raise several valid points regarding the Commencement Committee, I also understood her objections to the formulation of the questionnaire. (As they say hindsight is 20/20). First, Susan is correct in saying that signs for the Commencement Committee should have been posted prior to any selection of a chairperson. The only reason for not doing so was expediency. At the end of last year I spoke with Vivian Garcia regarding the 1986 Com- — mencement, indicating that I would like to be actively in- volved in it. She recommended thatI chair the committee in the hopes that by starting early, a memorable graduation could be planned. There was no motivation lo appoint, other than the fact that a person had already expressed a willingness to take responsibility for it. As to the Committee, if someone expressed an interest to me, I asked that theyparticipate on the committee. I also put an article in The Opinion requesting that anyone willing to work on Commencement contact me. However, I realize that there was no initial forum in which people could participate. To help remedy this, all future meetings of the Commencement Committee will be posted, and everyone is invited. Second, Susan's point that the- focus for the principal speaker was narrowed by the list presented in the questionnaire is well taken. Governor Cuomo was selected and has been invited. However, in the event that he declines our invitation, we need to have a list of viable alternatives. Therefore, an open-ended questionnaire will be distributed. Please give careful consideration to your choices, for this is a very important decision. To first and second year students, remember when you go about making plans that it is essential that the opportunities for participation and input are open to all. Do not go forth with plans that affect the students CASEY'S NITE CLUB presents (wMMffl n J THURSDAY NITE COURT A fine of $4.00 at the door will get you unlimited draft beer and bar drinks until 1:00 A.M. Hors d'oeuvres will be served at 12:00 midnight.^ From 1:00 A.M. to 4:00 A.M. there will be $1.00 bar drinks, 500 drafts and 3 shots of any schnapps for $1.00 ? %WILL ATTENDANCE BE TAKEN. >s^%^y^ OTjF without getting their input first. I apologize for any dissatisfaction that may have been caused. And I, along with Susan, look forward to a Commencement we can all remember. Gina M. Peca We Want Wopner To the Editors: ment Committee is pleased to Wopner of the People's Court as the 1986 commencement speaker. announce substantial progress in its effort to secure Judge The Alternative Commencement Committee The Alternative Commence- Teitlebaum though he "certainly is not as- sociated with it" he does see some value in "being able to think about categories as contingent rather than necessary." Teitlebaum would be uncomfortable with setting a quota for the number of critical legal scholars a school should have on its faculty. Furthermore, he does not comprehend a dean as being in the position to set criteria for the acceptance of teachers. That is a job for the faculty itself. However, Teitlebaum would not believe in allowing the faculty to choose professors on the basis of their .. "political acceptability." The "dangers of deciding what is terappropriate thought are ribly great." Essentially, Teitlebaum un- derstands the role of dean as something of a mediator and facilitator. He was quick to admit that he does not know how well he would handle certain aspects of the job, and 'it would be presumptuous to speculate" at this point how successful he would be. On the topic of funding, Teitlebaum said that "a great part of what the dean does is go to the administration which has the money, with the best imaginto demonstrate able case what the needs are, why these needs are important to be satisand what the costs of fied, failing to fund at an accurate level are." Funding is a problem which faces "every state university and every law school," and a dean of a law school can only be expected to "try the best he can." Although reluctant to pro- . ... (intinued from pcifte I pose any possible solutions to most of ÜB's problems and concerns, Teitlebaum did constructively address the issue of UB Law School's lack of a good national reputation beyond academic circles. Nation-wide recruitment and publicity are the primary ways in which UB could enhance its reputation. Teitlebaum suggested sending faculty members to law conferences, because "the only way people have of judging the law school is by listening to the faculty." He would also "encourage students to consider jobs all over the place," not just in Western New York. This strategy has begun to work for the University of New Mexico. Overall Teitlebaum was honest about his abilities and limitations. He remarked, "I know how to make cases; I know how to put together an argument," and he was not afraid to admit to things he does not know. Teitlebaum tended to sound vague as to what he thinks he would accomplish as dean, but admittedly, "no new dean is going to have... an idea of what his realistic targets are" right away. "Nor is a dean candidate." One more dean candidate is scheduled to visit UB Law School this semester. Bill Simon of Stanford University plans to come here December 12 & 13. All students are encouraged by the Dean Search Committee to attend the question and answer period on Dec. 12 at 3:00 p.m. in the Faculty Lounge, during which they will be able to meet the candidate. American Secretarial Service, Inc. 421 Kenmore Avenue • 945 Ellicott Square Building 852-0958 Term Papers Word Processing Resumes Reasonable Rates Quick Returns Student Discounts • • • • December 10, 18«5 The Opinion 3 �opinion jßr STATE UNIVERSITYOF NEW YORK ATBUFFALO SCHOOL OF LAW Volume 26, No. 7 December 10, 1985 Editor-in-Chief: Victor R. Siclari Managing Editor: Jeff H. Stern News Editor: Paul W. Kullman Features Editor: Timothy J.Burvid Business Manager: Harry Bronson Photo Editor: Paul F. Hammond Layout Editor: Kevin O'Shaughnessy Production Editor: Charles E.Telford ContributingEditor: PeterScribner Staff: Idelle Abrams, Dave Chapus, Sue Clerc, Diane Dean, Krista Hughes, Jack Luzier, Amy Sullivan. 6 Copyright 1985, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Display Theft Condemned Our Constitution guarantees freedom of speech to all its citizens. The right to express one's viewpoint is paramount and should be encouraged. Unfettered exchange of ideas and debate exposes the weaknesses and strengths of arguments. It also is through this adversarial mechanism that truth is ascertained. The removal of literature from the showcase in front of the law library must be condemned, regardless whether patriotic sentiments were behind the action or the subject matter in the showcase deemed treasonous (see accompanying article). The concept of one person taking it upon himself to determine whether speech is disloyal, patriotic or treasonous is repugnant to our democratic ideals. The unilateral determination made by this person or people is also offensive to our judicial system. Fairness and equality are not obtained by suppressing another's views and forcing your views upon that person. If the display was thought to be distasteful or treasonous, then the correct action would have been to contact Ellen Gibson, Director ofthe Law Library, and demand that the display be shared by, or another showcase be provided for, an opposing viewpoint. This would ensure a fair balance to both sides of the issue of American intervention in Central America or violation of human rights or whatever issue to which this display was referring. Even if this reasonable request were made and refused, the action which was taken still would not be justified. There are other means to correct this imbalance, such as higher administrative channels or even the civil remedy of an injunction. Instead, this individual or individuals wrongfully played both judge and jury and imposed his or their own sanction. Clearly, removal of the literature from the showcase was censorship, thereby violating someone's freedom of speech and expression. This action also amounted to vandalism and destruction of public/university property. We can only hope the culprit was not a law student and was unaware of the ramifications of this action. The new display, which espouses the tenet of free speech, hopefully will convey to all that we must respect another's viewpoint, regardless of how displeasing it may be. Seasons Greetings and Good Luck on Finals From The Editorial Staff. 4 The Opinion December 10, 1985 Trubeck. . . . she feels a certain amount of autonomy is necessary to improve the quality of student life at the law school. "If it can be determined that the quality of student life rs deteriorating because of the infiltration [of undergrads into the library and classrooms,) or lack of ability to develop a community because you've got all these other people in there, then that should be told to the administration." One step toward accomplishing this would be to "get more help" in Student Affairs which is "slightly underadministered." Another way of improving student life is to increase nation-wide recruitment in order to bring in a wider diversity of students. UB Law has an excellent opportunity to recruit nation-wide since there is no residency requirement as there is in Wisconsin where 80% of students must be Wisconsin residents, Trubeck said. She is also interested in recruiting more minority students, and encouraging women in the study of Law, goals which can be achieved with the proper — funding. Another aspect of student life which Trubeck discussed was the over-all curriculum. When told that UB is sometimes criticized for a lack of practical courses, Professor Trubeck was reluctant to advocate any changes that could possibly be Sabbaticals. vised, Lindgren chose to focus her new work on the issue of manufacturing in homes in New York from the 1880'sto the early 1900's. Here was a legal problem many interacting ele- with ments. There were statutes governing manufacturing in homes, court decisions, and many parties that had a special interest in this issue Italian — women garment workers, un- made. Although "a law school should have a wide variety of certain kinds of advanced courses" for second and third year students who want to specialize, the basics like writing briefs and filing documents—can be learned in the office. Trubeck commented, "students think they have to know a lot when they enter a firm," but from her experience, "most jobs are on-the-job train- — ing." Overall Trubeck thinks "Buffalo has really done a remarkable job in paying attention to curriculum, which is done for purposes of professors who really care about how students are taught." Trubeck observed here a "genuine desire to teach students in the way they want to be taught." Whether this is through the critical legal studies movement or through more traditional means of teaching, Trub ..ck believes professors should not be limited because of their political views and should have a certain amount of autonomy in constructing a curriculum. Trubeck does not believe in any kind of political determination of professors, but rather in "finding the best teachers on the market." Professor Trubeck was presented with the problem of UB Law School getting lost in the bureaucracy of the SUNY system, but pointed out that "a law ing people: Peter Abdella, Julie Bargnesi, Margot Bennett, Mary Anne Bobinski, Gail Breen. David Brown, Greg Brown, Robin Checkla, David Cohen, Lori Collins. Linda Crovella, Kathy Crowley, Nancy DeCarlo, Daniel DeLavs, Roseanne Eimer. Carol Fitzsimmons, Brett Gilbert, Robert Goldstein, Nancy Comics continued from page I school is an important jewel in the crown of any University system." If the law school can "demonstrate its quality and its work very aggressively outside of the system," and if the "bureaucracy feels that they have a school... that is getting statewide or recognition nationwide, that will help the ability of theschool to negotiate within the bureaucracy." Although the Dean Search Committee did not meet to discuss their impressions of Trubeck as a candidate, the "general consensus" is thatshe is a "real strong candidate" for the position of Dean. Steve Wickmark, Acting Assistant Dean and member of the Dean Search Committee, is "impressed with [Trubeck's] background and her grasp of what it takes to run a law school." The Committee is looking for someone who "has the respect of the academic community, who respects scholarship," and who has had experience dealing with students, professors, administrators, and "all other constituencies" of a State University system. Louise Trubeck is well aware of UB Law School's reputation in academic circles, and according to Wickmark, "she's got a real vision for pushing the school to the next step," the national reputation which it deserves. . ionized cigar makers, a dissident break-off socialist union, a traditional manufacturer who had a particular use for the tenants, Professor Corwin, a legal scholar at Princeton who had a lot to say about judicial review, and Florence Kelly, one of the progressive reformers of the period. Taking the statute and this rich factual base, Lindgren plans' to consider how one might talk about constitutional New Moot Members The Moot Court Board has extendedinvitations to thefollow- .. . Holtby, Paul Karp. Jay Kingsberg, Deborah Kennedy, Catherine Kiels, Elyse Lazansky, Jay Lippman. Kenneth Marvald, G. Stephen Pigeon, Lawrence Pivacek, Dave Platt, Mary Powers. Rachel Roth, Hugh Russ, Jen- nifer Sanders, Robert Schnizler, Robert Simpson. Eric Snyder, Diane Szkojak, John Weinholtz, Andrew Winston. continued from pagf I questions in this broader perspective. A sabbatical is very useful, said Lindgren, in that "you have a defined piece of time in which to get (your thesis) said." In addition, a sabbatical will allow her to leave Buffalo and get out . of herusual routine. "One of the crucial things is to get. away from what's familiar." Shefeels "this makes it easier to think about things in ways that are not necessary familiar." To all law students: Don't forget to pick up a Fi nancial Aid Form (FAF) for the 1986-1987 academic year These forms are available al A&R and Room 314 0'Brian These forms must be regeivec and recorded by the College Scholarship Service no latei than March 15,1986 in order te be considered for College Work-Study and National Direcl Student Loans. Kathy Peterangelo Johnson Financial Aid Advisoi by Chapus �Law Students Celebrate Pagan Festival: Critics Acclaim It As "Party of the Year" Ritltller, Joker, Batman and Rohin Morticiu anddomvz Admits A i-t tuple ofwackynymphs VictoriViitoriti und(innuhoMar.\ Kiltlii', Hamulimill LilyMmiMcr Sillnfull, i.iMirimlcyaml /limit Comics Cleopatra and Antony ( 'htssx ladies with/*#//"<r An (twinltd hunt li escort Photos ht lath} Pappas by Chapus December 10, 1985 The Opinion 5 �The MBE Is Worth 40% Of The New York Bar Exam JULY, 1983 Took 6.217 Passed 4.648 FEBRUARY, Took 2.214 Passed 1,065 % 74.8 1983 % 48 Took 6.446 JULY, 1984 Passed 4366 % 67.7 m« % 44 Passed 940 MrfcQt OLUUCIILS* WHO VVIIU 7.1 Fail The Mew York Bar Exam 1984 FEBRUARY, Took 2.105 Change in% 4 That's Why In The Last 10 Years Over 50,000 Students Have Supplemented Their General-Review Course With MULT IST ATE SPECIALIST WEST COAST OFFICE 829/2 Via de la Paz Pacific Palisades. CA 90272 (213) 459-8481 MEW YORK OFFICE " 450 7th Avenue, Suite 3504 ' Mew York, NY 10018 (212) 947-2525 EAST COAST OFFICE 211 Bainbridge Street Philadelphia, PA 19147 . (215) 925-4109 NATIONWIDE TOLL TREE NUMBER: (800) 523-0777 ffifef RESUME SPECIAL! 2Wlg§s FOR STUDENTS & FACULTY PACKAGE OF 50! Includes Central Park Grill A place to hang your hat and relax while listening to some ofBuffalo's best live acts and a sound system which has made the GRILL special. • TYPESET 1 pfl. RESUMES (BV4xi 1.black Ink) • 50 MATCHING BLANK SHEETS • 50 MATCHING BLANK ENVELOPES NOW P.S. OurKitchen now serves food until 2 am. CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE 2519 Main Street The Opinion 6 December 10, 1985 — SAVE *5" NOWI Coupon must be presented, expires 12/31/65 * 836-9466 A real Bar and Grill "Hope we pass the audition" HAVE A MCE HOLIDAY! See you when you get back! §|5)E9§ .r ..v h se ,no u Campuses! c " flkf (ji outh s^\ b^% 835-0100 1676 Niagara Falls Blvd. 14150 Tonawanda, NY 834-7046 �The Boy Mechanic Kevin O'Shaughnessy HolidayPresents for the Christmas Season — It's Christmas time and like Santa Claus, the boy mechanic is giving gifts to all the boys and girls in the law school. Lori Cohen A new writing style that doesn't start with the word "Hello!" I have often wondered if her first year Contracts exam started with: "Hello! I'm Lori Cohen and the first problem dealswith conversion ..." "Acting" Dean Schlegel A new dean for the law school so he can stop "acting" and get back to pulling "the boat down the Volga" with the rest of the — — faculty. The Dean Search Committee — A respectable applicant who gets along with teachers, students, animals and babies (has anyone contacted Peter Ueberoth? Bishop Desmond Tutu?). The applicant will need a sense of humor or we won't show the roof until the papers have been signed. Library Dean Ellen Gibson A roof that doesn't leak. We could get a deal on an orange roof, courtesy of Howard Johnsons. Ho Jo's meets the Buffalo Model. (SBA could open a coffee shop and sell souvenirs on the seventh floor). Audrey (CDO) Koscielniak A whole flock of ambitious, — — well-prepared, yuppie sheep complete with detailed resumes. A word of caution: If everyone is prepared, you're out of a job. Casey's Nite Club A feminist happy hour... no — "blonde bombshells" allowed. Fiona Smythe-Horch (Miss Procedure) Social Boundless energy to rehabilitate the culturally vapid creatures that inhabit O'Brian Hall. Yours is a heavy burden. Regina V. Ramsay Courage ... or a wide variety of disguises and aliases to successfully avoid class participation. Compassion Shari Reich and tolerancefor all the Regina V. Ramsay's in the world. Not all of us are here to be lawyers. Everybody takes a "free ride" now and then. — — — .. Mary Ellen Gunnison Two coins that make up twenty-five cents or bring your own Java. "Motorcycle" Dave Todaro A new Harley with big black rubber baby bumpers. (I'll throw in some training wheels, too!) Tom Sartoga A new bottle of Mousse. I think he lost his old one right around interviewing time. Maybe it's in your vest pocket, Tom. Randy Fahs A receptive publisher, so Randy can write his "Municipal Law Trivia Book." After that Randy can hit the quiz show circuit. Charlie Telford A soap box, a column, and a radio — .. — — — Miss Social Procedure show all entitled "Stemming the Red Tide." Uncle Charlie wants you to wake up and smell the coffee! Tim Burvid A case of beer at theBrick Bar. The perfect way to begin a weekly hegira. The Two L. Sec. 2 Flag Football Team —After the triumphant drive for clothing, only mugs, trophies and glory re- — main. — Todd Bullard A restful vacation and a swift and complete recovery. Law Review Brand new ceramic coffee mugs (gold leaf name plates are optional). The Opinion A typewriter that works. — — Fiona Smythe-Horch Questions at Close of Class in Poor Taste Dear Miss Social Procedure: Help! My class is populated with last-minute contributors who always have pearls of wisdom to share just as it's time for class to end. What can I do? Fed up with widgets Dear Fed up. You have targeted one of my favorite pet peeves and one which is seldom approached as a matter of etiquette. Your discomfort, no doubt, arises from an irresistible urge to leave class at the appointed hour, combined with your fear of appearing rude. A closer examination indeed reveals an intolerbut, gentle ably rude party reader, it is not you. Allow me to elaborate. While I certainly empathize with this problem, your surprise at encountering these chronic pests in law school amazes me; we have all known — them since kindergarten. The Eddie Haskells of the world thrive on Socratic method and an insatiable thirst for attention compels them to speak much as a spaniel speaks for a pork chop. It matters not what they say, but only that they say it. One day, and very soon, I expect to hear: "And might I add, Professor Gradegiver, you look lovely in those pearls today." Other, less tasteful institutions resort to measures as stern as hissing and booing. But here, at an ever-so-proper law school, we recognize the entertainment value of such personages. Our largesse, however, can easily be strained to its limits. This affliction is the unfortunate result of poor upbringing— future parents of the world take heed. The babies who boggled their mums with perfect diaper formations, the ten-year-olds who pummeled Fur Elise for adult New Year's Eve parties, the college freshmen who produced eighty-page treatises on Renaissance shoes, these are the same shining stars who, cleverly sensing yet another captive audience, regale their classmates with shockingly personal revelations and selections from Greek mythology. Your remaining in the room encourages these antics as a bushel of chocolate encourages an emerging pustule. Many consider this unfortunate affliction to be the Student's Stockholm Syndrome a — prisoner-of-war's identification with his or her captor. While professors occasionally detain classes overlong, it is understandable; they are fascinated by estoppel, enamoured of proximate cause, and delighted with mens rea. The gentle rustle of closing books, snapping of notebook rings, and zipping of backpacks will usually nudge them from a legal ecstasy. A student's job is to track the minute hand and those who not only shirk that duty, but contribute to its violation, are anathema to their classmates. Identification of hard-core offenders can be achieved by recognizing an oft-repeated preface such as "I don't know how ,"or "This you can say that. . .. only my opinion ,"or "Maybe I'm all wet..." Occasionally, they document their thorough understanding of the law through personal acquaintance with an individual who once passed a jail, or heard a clanging burglar alarm, or knew a Russian who played roulette. is The offenders' contributions are often carefully engineered to reveal (Eureka!) the blinding light of their intelligence. They draw on a broad knowledge of the law to produce astoundingly eclectic hypotheticals. Pour example: What if I, like, contract you to print eight million Christmas cards and get a, you know, motel room in Atlantic City. You break into the room and shoot me, you know, thinking I'm a stuffed deer. But, like, I'm not really dead, just poked in the eye with a sharp stick and ..." Gentle Reader, if ever there was a time to leave, this is it... Miss Social Procedure Miss Social Procedure tries to answer general questions on professional school etiquette. Queries may be submitted to The Opinion. Reprints from The Boy Mechanic — Published in 1913 Electric Rat Exterminator Some timeago we were troubled by numerous large rats around the shop, particularly in a storehouse about 100 ft. distant, where they often did considerable damage. One of the boys thought he would try a plan of electrical extermination, and in order to carry out his plan he picked up an old zinc floor plate that had been used under a stove and mounted a wooden disk 6 in. in diameter in the center. On this disk he placed a small tin pan about 6 in. in diameter, being careful that none of the fastening nails made an electrical connection between the zinc plate and the tin pan. This apparatus was placed on thefloor of the warehouse where it was plainly visible from a window in the shop where we worked and a wire was run from the pan and another from the zinc plate through the intervening yard and into the shop. A good sized induction coil was connected with these wires and about six dry batteries were used to run the induction coil whenever a push button was manipulated. ment proved quite too effective, for after a week the rats all departed and the boys all regretted that their fun was at an end Contributed by John D. Adams, Phoenix, Ariz. — Electric Anaesthesia It is a well known fact that magnetism is used to demagnetize a watch, and that frost is drawn out of a frozen member of the body by the application of snow. Heat is also drawn out of a burned hand by holding it close to the fire, then gradually It is quite evident that when a rat put its two fore feet on the edge of the pan in order to eat the mush which it contained, that an electrical connection would be made through the body of the rat, and when we pushed the button up in the shop the rat would be thrown 2 or 3 ft. in the air and let out a terrific squeak. The arrange- drawing it away. The following experiment will show how a comparatively feeble electric current can undo the work of a strong one. I once tried to electrocute a rat which was caught in a wire basket trap and accidentally discovered a painless method. I say painless, because the rodent does not object to a second or third-«xperiment after recovering, and is apparently rigid and without feeling while under its influence. To those who would like to try the experiment I will say that my outfit consisted of an induction coil with a 3 /8-in. iron core about 3 in. long. The primary coil was wound with four layers of No. 20 wire and the secondary contains 4 oz. No. 32 wire, and used on one cell of bichromate potash plunge battery. The proper amount of current used can be determined by giving the rodent as much'as a healthy man would care to take. Fasten one secondary electrode to the trap containing the rat and with a wire nail fastened to Homemade Cihhod Which .ill Hurl the other terminal, hold the vibrator of the coil with your finger and let the rat bite on the nail and while doing so release the vibrator. In three seconds the rat will be as rigid as if dead and the wires can beremoved. Now connect your wires to the primary binding-posts of the coil and wind the endof one of them around therat's tail and start the vibrator. Touch the other terminal to the rat's ear and nose. In a few minutes he will be as lively as ever. Contributed by Chas. Haeusser Albany, New York — • Life-Silt Dummy IN Ft. through th« Air Comics Chapus by December 10,1985 The Opinion 7 �The Solid Foundation... Josephson/Kluwer's written materials through Law School and through the Bar. ■ \ Blueprint for Success . \ \ \ The basis for any complete Bar Review Course is the written materials. Compare ours to any others and you'll find: \ \ \ \ Pride ofAuthorship Josephson/ Kluwer's faculty of outstanding Law Professors is associated by name with the Law Summaries. Personal accountability and pride of authorship keep our Law Summaries current, accurate and of the highest quality. , JOSEPHSON/KLUWER BUFFALO REPRESENTATIVES Stuart Adler . Lawrence Basel Howard Berman Julie Brett Davidßrown JoeCallery ., D Phil P Chamot Eric Chester , W Ik Irene Fassler k Evelyn Gawronski Cel.a Garelick Jeff Gibb Maryellen Gunmson EvelynGurd.n Nancy Holtby Pam Neubeck Dennis Ng n a *v -r Torres Anthony Michelle Palmane a i Rose-Ann Landau Tim McEvoy ing gnd expert summarization make the josephson/Kluwer Law Summaries the most concise and comprehensive bar exam aids Elaine Pers Martha Post Marcy Scher Scott Sciumeca .that, ,United,Z avaj|ab|e Thjs se ectjve ' Bonnie Mettica Capsule Outlines Each sub stantive Law Summary has a separate, very concise, capsule outline which performs three major functions: a) it provides a structural overview of the area; b) it is a detailed index to the Law Summary,- c) it is a review checklist of definitions, rules •. . . time is insures your not and that testable conee Pts and P r,nci P les receive maximum attention. Fern Merrenstein Carol Giarrizzo • Law Summaries Intelligent edit I and concepts. JIGs (Josephson Issue Graphs) These unique visual study aids assure retention of the most fundamental principles of law. / / I / ■ iL . ■k, ' ( Josephson/Kluwer Eastern Regional Office ,(212)505-2060 (800)253-3456 The Opinion December 10,1985 8 ■ j Josephson/Kluwer National Headquarters (213)558-3100 (800)421-4577 Past Bar Questions The con textual analysis that is required for effective issue spotting is supplied by a selective series of essay questions and suggested analyses Internal Review Our Law Sum manes feature internal leview problems at the end of each major section to assure comprehension, memory retention and ability to apply the information learned. By dissecting testable issues and principlesfrom all past bar exams. the questions have been carefully developed to assure the student of focusiny on vital issues. - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1863a2520ff5d1c334fe808bfa6f4d27.pdf d7ce4c359ab8ef29e12caaa3d1b52d4a PDF Text Text OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW V01.26 No. 6 December 2,1985 Garcia to Resign Assistant Dean Post Wishes to Devote Time To Raising Infant Child by Jeff H. Stern and first became aware of Garcia's intention to resign late last month when she wrote letters to LANALSA and BLSA explaining that she wished to become a full-time mother and would not be coming back next semester as she had originally planned. On November 18, Acting Assistant Dean Steve Wickmark, Garcia's temporary replacement during her maternity leave, called a meeting to allay the concerns of Legal Methods students regarding the future of that program in light of Garcia's imminent res- Legal Methods Students Concerned About Future [Legal Students W. Kullman Saying that she wishes to devote more time to rearing her two-month-old daughter. Assistant Dean ofAdmissions and Student Affairs Vivian Garcia confirmed that she is "going to resign" in a telephone interview with The Opinion on Wednesday, November 20. Garcia, who has been on maternity leave this semester, originally intended to return in FebPaul ruary, 1986. "It wasn't an easy decision to make," Garcia said. "I love my job and I love working with students of all colors. It was very hard to make the decision" to ignation, (see accompanying story) Acting Dean John Henry Schlegel emphasized that Garcia "has not yet resigned" and that he has not received from her a formal letter of resignation. However, Schlegel said that "the question of how one might go about replacing her should she in fact resign was resign. "But when you look at [my daughter], it's very easy," Gar- cia said. A graduate of the Cornell School of Labor and Industrial Relations and Syracuse Law School, Garcia, 36, assumed the assistant deanship of UB Law School in December, 1981. During her tenure, she served as a liaison between students and the law school administration, and was responsible for directing the school'sadmissions process and recruitment offaculty. Garcia also administered the Legal Methods Program in which capacity she developed a rapport with both the Latino, Asian and Native American Law Student Association (LANALSA) and the Black Law Student Association (BLSA). under discussion. "One question being considered is the'way that such a resignation would relate to the search for a new [law school] dean, and the new dean's obvious interest in who the replacement will be," Schlegel said. Garcia said that she initially "thought thatsixmonths would be enough time to spend exclusively with my daughter, but now I'd like to devpte moretime to raising her." "I've waited a long time-tobecome a mother, but it (resign- ■ by Jeff H. Stern and Paul W. Kullman The impending resignation of Assistant Dean of Admissions and Student Affairs Vivian Garcia has elicited concern regarding the future of the law school's Legal Methods Program. The Program which provides special academic as- — sistance to affirmatively admitted minority and disadvan- — taged students has been under Garcia's auspices since Axsislant Dean ofAdmissionsand Student Affairs Vivian Garcia. ing] wasn't an easy decision to make," she said. "It's a great job... I loved the Legal Methods Program and teaching with Jack Hyman." Garcia said that she thought her major accomplishments as assistant dean have been "shaping up the administration of theLegal MethodsProgram" and ensuring that "other facets of the admissions process go more smoothly" than before she took the job. Garcia now plans to devote all her time to her infant daughter. "It's been two months and "I'm not tired of it yet," she laughed. "After I get tired of this job [caring for a baby] which is a full-time, 24-hour job I'll go and practice some law," she — — said. Garcia'sdedication to her job and pleasant personality will surely be missed. her arrival here in December, 1981. Third year student Walter Ramos> a memberof the Latino, Asian and Native American Law Student Association said that Legal Methods students are concerned because the law school administration is "losing someone who could definitely identify withthe purposes and goals of Legal Methods a minority woman." Since most Legal Methods students are Latin or Black, "they would like to see another minority member hired," Ramos said. Garcia said that although some students are concerned because the law school administration is losing its only (LANALSA), ... minority representative, she is certain that her replacement will also be a member of a minority group. "I don't think that there is anything to worry about," Garcia said. "The law school is committed to continuing and strengthening the Methods] Program." Garcia cautioned, however, that her replacement will have "a lot to learn" about the Program and the admissions pro- cess in general. As coordinator of the Legal Methods Program, Garcia's job was to enhance the law school's affirmative action efforts, by recruiting an increased number of minority students, and developing a specialized academic curriculum to assist those who come from educationally and economically dis- advantaged backgrounds and are admitted under modified academic criteria. The Program contemplates the opening up of the legal profession to members of minority groups who — because of past educational — disadvantage often experience difficulty with respect to writing ability and standardized tests, but who otherwise show promise of succeeding in law and/or commitment to the advancement of civil rights of minority groups. In addition to her administrative role, Garcia also co-taught the Legal Methods course with Professor Jacob Hyman. that course trains students in the fundamental skills of legal analysis, reasoning and interpretation, as well as critical thinking..Students in the Pro- gram also take a reduced course load and receive individual attention from professors and teaching assistants. continued on page 15 Justice Green is Key Speaker at Law Day — outside of New York City said that given the inherent conservative nature of the legal profession and the current conpolitical trend servative throughout the country, the minority lawyer must be highly competent in order to survive. Justice Green was the keynote speaker at the BALSA/ LANALSA 1985/86AnnualLaw Day. Law Day is sponsored annually by the Black American Law Students' Association (BALSA) and the Latin, Asian, by Willie J. Wheaton New York State Supreme Court Appellate Division Justice Samuel L. Green told an estimated crowd of 70 people at O'Brian Hall on Saturday, November 16, that an increase in minority attorneys aloneis not enough. What is needed, the Justice said, is more competent minority lawyers. Justice Green of the Appel- Division, 4th Departthe only black appellate division justice in the state late ment — and Native American Law Students' Association (LANALSA). The essential purpose of Law Day is to attract Students of Color to the study of law, and to encourage such students to use the legal profession to effect social change. Approximately 40 potential law students heard Justice Green's challenge. The Justice told the students that they, upon entering the profession, must infiltratethe system, then change the system from within for the betterment of society in general. .The keynote speech was the culmination of day-long activitiesplanned for the potential recruits. The earlier morning Department Appellate Division |/-»ur(A Samuel L. Green. yustice I Law Day Panel includes (I. to r.) Prafts-\ sors Charles Can, Judy Scales-TrentamA 1 Denise Carty-Bennla. j and afternoon sessions had consisted of an admissions and financial aid workshop conducted by Steve Wickmark, Acting Dean of Admissions and Student Affairs, and Eduardo Mejias, 2nd year student and graduate assistant in Admissions. The afternoon session included a community, faculty. and student panel. The panels were structured to give the potential recruits an idea of what Lawyers of Color are doing in the various lawyering disciplines. The community panel, for example, was comprised of Nicholas Chen, a corporate. Park Avenue lawyer from New York City and staff attorney with the Asian American Education conlinued on page 2 Bennett, De Carlo Prevail, Take Moot Court Competition; Sixty-One Teams Participate by Peter Scribner At the end of a five-week long contest marked by a pair of power failures but never lacking in electricity, Margot Bennett and Nancy DeCarlo narrowly edged out Terry Richmond and Mary Ann Bobinski in the final round of the 1985 Charles S. Desmond Moot Court Competition on Saturday, November 9. Each team offinalists had survived a month-long brief writing exercise, three rounds of preliminary oral arguments, and two elimination rounds, petition. Presiding over thefinal round was retired Court of Appeals Chief Judge Charles S. Desmond, namesake of the competition. Joining him was Matthew Jasen, an Associate memberof the Court of Appeals who will be retiring this year, two members of the Fourth Department Appellate Division of Supreme Court, Judges Michael Dillon and DeloresDenman, as well as Acting Dean John H. Schlegel of the Law School. U.S. District Judge Michael Telesca of Rochester was planning to participate in this year's panel, but withdrew the morning of the final round. Finalist ' continued on page 12 �Filipino Attorney Speaks on Human Rights by Amy Sullivan On Thursday, November 14, Billy Aportadera, Jr., a wellknown human rights lawyer from the Philippines spoke at UB Law School. The visit was sponsored by ÜB's Graduate Group on Human Rights- Law and Policy. Aportadera had spoken earlier that day to a group of lawyers in downtown Buffalo, hoping to get them concerned with the problems in his country. Aportadera spoke on the human rights and economic problems under Filipino Marcos. He was introduced by Law Prof. Virginia Leary who said, "Billy and other members of the Free Legal Assistance Group are practicing lawyers who give up to 50% of their time to represent unpopular clients." Aportadera said this was his first visit to the U.S. He is currently working on his L.L.M. in the International Human Rights program at Columbia University. He then gave some background information on the Phillippines explaining that it has a Malayan culture. There is a diverse culture of Spanish, Amer- ican, and Chinese. He said, "My country has struggled under 300 years of Spanish occupation, 100 years ofAmerican occupation, as well as 4 years of Japanese occupation during W.W. II. The struggle has been towards the establishment of a Republican form of government in our country which was conceived in the Philippines even before Americans had arrived and introduced to us the western concept of democracy. We were moving toward this kind of democracy until it was halted in 1972." That year was very important in the Philippines because it was when martial law was imposed on the country. According to Aportadera, "When the military took over the government because of certain problems, this dismantled progress. Martial law in substance really institutionalized dictatorship." There is a president, Congress, separation of powers, and a court system in the Philippines. But Aportadera pointed out that, "In the real structure there is only one man running Aportadera reported on the many problems that have plagued his country. "In short, all economic proposals and programs were a failure. The Philippines was used as a laboratory to third world policies." The result was a negative gross national product. The country is in the bottom rank of Asian countries, while 10 years ago it was ranked very high. As far as domestic problems go, there is a proliferation of strikes due to economic failure. There are strikes and lay-offs every month. Over 600,000 workers have migrated to other countries, such as Saudi Arabia to work. Once construction is the show." In 1981, Marcos gave himself the power to legislate; he himself can issue decrees. In addition, the appointing powers were all given to him, excluding the judiciary. Aportadera feels that, "He appoints all who are loyal to him." Filipino AttorneyBilly Apnrludera. Jr over in these countries, they will come back. Then there will be the problem of strikes, unrest, and very poor salaries. Aportadera said, "The latest conditions, in a general scope, are a gross violation of human rights. There are reports of disappearances, torture, and executions. Just this year there was a brutal execution of a former senator.". In the city Where Aportadera lives, police cannot walk in the streets or they will be gunned down. They must patrol in jeeps, fully armed. There seems to be certain individuals that are targets. These include doctors who treat the wounds of those who are considered subversive. Another group is lawyers. There are presently five in jail. Three lawyers were told that "arrest of human right lawyers were long overdue by the military." Aportadera explained, "There is a list of those that are ready to be shot and no trial is necessary." Human rights activists and community organizers are also targets. These organizers are most affected; they don't know the law, they just have basic organizational skills and want to help. They are usually killed and forgotten. Aportadera said, "Marcos in short, is against anyone who is a Communist or subversive. As human rights lawyers, we do what we can. If someone is picked up, we immediately file a writ of habeas corpus—to make sure he is kept alive. Once we can't reach him through court processes, he might not be alive." More human rights lawyers are educating people to assert their rights. Strikes are being used as a non-violent way to assert these rights. It is a way of saying, "You don't listen to us, then we will paralyze the city." Aportadera was asked if he had any problems in leaving the country. He replied, "There is no restriction on traveling abroad. It is believed that we can do less harm if we are away from the country." When asked what he recommended the U.S. government do in order to help, Aportadea answered: "The upcoming election is a national past-time. Dictatorship elections have their own ground rules. We can't be sure the ballots will be counted correctly. We must send lawyers to make sure they are. But, if you remove American support from Marcos, he will collapse immediately." SBA Outlaws Proxy Votes; Censures Casey's Peter Scribner The Student Bar Association, by at its most recent two meetings, amended its By-laws to eliminate the practice of proxy voting in SBA procedures, appointed a new SBA official to fill in for ailing Vice President Todd Bullard, and has decided to write a letterto Casey's nightclub to protest "sexist adver- tisement." The SBA has also learned that University Provost Greiner has voiced his discon- tent to the editor-in-chief of The Opinion for publishing details of the search for a new Dean, and is planning to write him a letter as well. The issue of -proxy voting most recently 6ame to the surface at the November 4 SBA meeting, where four such votes were cast in favor of a motion to reconsider funding for The Opinion. The motion failed in any case, but the Rules Corn- mittee recommended that the By-laws be amended so that no future proxy voting will be allowed. The motion passed 14 to 1. A two-thirds vote is necessary to change the By-laws. SBA Vice President Todd Bullard is still recovering from a heart attack. The SBA Parliamentarian determined that since neither Roberts Rules of order or the SBA Constitution say anything about temporarily appointing a replacement for an official who has not resigned (or been removed from office), no substitute for Bullard may be appointed. However, the SBA avoided the problem by creating a temporary new position of "Special Assistant to' the President" at its November 11 meeting. Leslie Shuman was appointed to fill this position. "We need another person to take care of all the work in the office," said SBA President Lori Cohen. Shuman will help out the SBA executive board in Bullard's absence, and will remain in the position until it expires at the end of the school year. Also at the November 11 meeting, Nancy DeCarlo, who was present as a representative of the Woman's Law Group, protested the radio advertisement of Casey's Night- club, the location of a recent SBA-sponsored party. The SBA agreed not to hold any more parties there, and at the following meeting agreed to send a letter to the owner of Casey's voicing its objection to the ad- vertisement. The last issue of The Opinion included the names of the three candidates the Dean's Search Committee is planning to bring to the University for interviews, and the times and places of open forums to meet the candi- University dates. Provost Greiner was contacted by Editor-in-Chief Victor R. Siclari after Siclari was informed that Greiner was upset with the dissemination of this information. In what Siclari characterized as manner, a "demeaning" Greiner chastized the newspaper for publishing this information. Apparently, Greiner believes that Dean candidates risk their current academic positions if it becomes known that they are seeking the deanship at Buffalo. Siclari reported to the SBA at the November 18 meeting that Greiner told him that this type of reporting was "stupid," "irresponsible," "lazy," and disregarding the candidates' privacy. The general consensus of the SBA was that it was Greiner who seemed to have acted in an irresponsi"slothful" for ble manner, and a letter to be sent to himwill beprepared and presented at the next meeting for approval. Several student organizations have yet to appear before the SBA this semester and report on their group's activities, as is required in SBA By-law #13. Failure to appear by the last meeting on December 2 will result in these groups being in violation of SBA regulations. At the most recent two meetings, representatives of the following groups appeared to make their By-laws 13 presentations: In the Public Interest; Women's Law Association; Amnesty International; the Environmental Law Society; the Law Study Civil Rights Commission; the Federalist Society; and the Right to Life organization, which is chartered by SBA but receives no funding. Local Law Firm Establishes Fellows Fund at U.B. by Krista Hughes The Buffalo law firm of Magavern and Magavern has donated to UB Law School $100,000 to establish the William J. Magavern Fellows Fund. The gift will be supplied in $10,000 installments over a period of ten years and is intended to encourage "special teaching and research projects," especially, but not exclusively, in the field of property law. UB Law School has already received the first $10,000 installment, but the individual recepient, to be chosen by the Dean, has not yet been deter- mined. In a recent memo to Law School faculty members, Acting Dean John Henry Schlegel stated that "all or part of the annual payment" will be used to supplement the salary of a single recipient, but there is a possibility that the grant could be divided between two or at most three recipients in a single year. For a single recipient, the award will be "the equivalent of a summer salary and possible associated travel and other expenses." In deciding who is to receive the grant Dean Schlegel hopes to "emphasize research projects, not other- Law students will be able to reserve the closed study carrels in the Law Library beginning December 9 and continuing until December 20. Reservations at the Reference Desk are on a first-come, firstserve basis starting at the Library's opening time (Monday-Friday 8:00 a.m.; Saturday 9:00 a.m.; Sunday at noon). The other, usual exam period procedures will also be in effect to promote a quiet environment In the Law Library and nearby areas. WW""' 2 "* """^ wise supported, that can be completed in a relatively short space of time so as to de- monstrate to the donor that we take this gift quite seriously." The donor, the Magavern Pool, Inc., represents a long- time association with UB Law School. The Magavern family has been supporting UB Law Law Day. . . and Legal Defense Association; Mark Pierce, staff attorney with the National Labor Relations Board Region 3 (NLBR); Nancy McCulley, staff attorney with Neighborhood Legal Services of Greater Buffalo; Lester Sconiers, a private practioner with the law firm of Sconiers & Sconiers of Niagara Falls, New York; and Oliver Young, a law assistant with the NewYork State Supreme Court (Erie County, New York). The student attendees were — School for four generations. William J. Magavern (1866-1945), in whose honor the Fund has been established, was both a student and a teacher at ÜB. He taught Personal Property Law here during the 1910's and '20's. Dean Schlegel remarks that the law school is "extremely pleased to be receiving this grant, and we can use it to improve the scholarship and conditions of scholarship here at a perspective of law school from three minority faculty members. Professor Charles Carr challenged thestudents to study hard, and not to lose perspective.. Professor ing skills as the singularly most important key to success at law given Judy Scales-Trent challenged the students to hard study and discipline. Professor Denise Carty-Bennia, visiting from Northeastern University of Boston, told the students that they can succeed at law school if they are willing to work hard. All of the faculty members recommended perfection of writ- the Law School." The Dean will be accepting proposals from faculty members and nominations until February 14, 1986 with a recipient to be announced soon thereafter. ... school. . continued from page I Finally, five currently enrolled law students gave the potentialrecruits a "tell it like it is," reality session on what law school is really like, especially with respect to UB Law School and the Buffalo Model. The student panelists were Michael Banks and Margarita Ramos from the Ist year class, Gregory Brown and Doris Carbonell from the 2nd year class, and Ed Peace from the 3rd year class. �Environmental Law Employment Opportunities by Jack Luzier Contrary to popular belief, the field of environmental law offers challenging, interesting and expanding opportunities for recent and practicing attor- will need competent legal advice on how to comply with recently promulgated standards. These regulations, although not well developed or considered tants at your disposal and that you "learn as you do." UB Law Professor Jeffrey Blum echoed this "learn as you do" attitude from his working neys. That was the encouraging message offered by four decidedly different attorneys at a panel discussion sponsored by The EnvironmentalLaw Society in the faculty lounge on November 20. For the fifty sudents that attended, it was a unique opportunity to discover what is involved in environmental litigation from a variety of perspectives. The discussion, which was chaired by Kevin Comstock, began with the industry sideof environmental law as practiced by David Roach of Blair and Roach. Roach noted that with the increase in environmental regulations in the last five years, many industries do or for "upfront" litigation, especially at administrative hearings. Blum pointed out that environmental law is heavily influenced by local and national politics and is often decided by which side is viewed as being more powerful. The lawyer becomes part of the larger struggle to maintain or overcome that more powerful faction, as with nuclear power. Conference speakers are (I. Roach. to r.) Lou Naugle. in his opinion, are rarely followed completely and therefore, when enforced, often lead to long negotiations usually resulting in pre-trail settlement. Roach observed that a technical background for a lawyer is not required since there are often many technical consul- JeffBlum, GeorgePain, andDavid experience with The Union of Concerned Scientists in NRC hearings on shutting down the Indian Point nuclear reactor. Professor Blum pointed out that working as a public interest environmental lawyers, although not always well paying can provide an excellent opportunity George Pain from the firm of Jaeckle, Fleischman and Mugel pointed out that much of environmental relates to more traditional legal subjects such as insurance, real estate, tax and labor law. He stated that a lawyer will often act as a case manager directing management and technical personnel as well as outside lawyers. Lou Naugle from the N.Y.S. Attorney General's Buffalo Of- fice found that environmental law dealt with a broad range of issues from airand water standards to criminal prosecution. He emphasized that working on the enforcement of laws often put him in the "middle" between citizen's groups and industry with neither being satisfied with a settlement. He also found environmental litigation to be influenced by politics, both internally and externally as well as involved with many "traditional" law areas. After theformal presentation, there was an opportunity for informal discussion over wine and cheese. For anyone at all interested in environmentallaw it was a rare chance to find out the "nuts and bolts" from those on the "front lines." For those interested in participating in future activities of The Environmental Law Society, just drop a note in Jack Luzier's mailbox #161. State Proposes Reopening West Valley Site by Jack Luzier, Environmental Law Society Will Western New York have a reopened nuclear waste repository in its own backyard? If some state legislators have their way, the defunct nuclear waste facility at West Valley, 30 miles south of Buffalo and upstream from the Niagara Frontier, could be receiving toxic radioactive waste in the near fu- ture. The history of storage of nuclear waste at the West Valley site has been a sad story of one failure after another of attempt- ing to contain radioactive mate- to rial underground. In the ten years that it was operating, there have been leaks of radioactive material into local waterways, flooding of the burial trenches requiring pumping of three million gallons of contaminated water, and erosion of the trenches. The waterways by the plant eventually flow into Lake Erie and the drinking water of most ofthe Niagara Frontier. The state licensed burial ground, which has been closed since 1975, contains so called low-level waste. However, due system, the trenches also contain 11 pounds of plutonium, one of the most toxic materials on earth. Since the burial ground has been closed for the past 10 years, the "low-level" non-utility waste from New York State has been shipped to Barnwell, South Carolina. However, the Federal Government passed the Low-Level Waste Management Bill which mandated that states develop a plan for disposing their own low-level vironmentalists support an above ground storage facility, because it can be easily monitored and wastes can be retrieved, the siting of such a facility at West Valley is not an acceptable option for numerous waste. reasons. an inaccurate classification The original proposal from Governor Cuomo would establish a "temporary" above The proposal for one storage facility at West Valley would mean that radioactive waste ground storage and incineration facility at West Valley by 1986. It also specified a siting and hearing process for the permanent storage of non-utility waste by 1989. Although en- (ontiiiucil 011 pufte 13 American Secretarial Service, Inc. 945 Ellicott Square Bldg. 852-0958 Word Processing Term Papers Resumes Reasonable Rates Student Discounts Quick Returns v' iifera "EKu"/ December 2. 1985 Opinion 3 �Financial Aid Update: FAF Form Due March 15th *yw;iMnPi«iin jiii liilmiiuii It's that time Of the year ttams are ctasang in, holicteys are right around the corner, and theThreat of a major snow storm has eveyone wondering ff they're prepared for another Buffalo winter. In short, you all have a million things to think about and here I am with the million and first thing to think about FinancialAidFor again — Next Year. I know it seems early to be thinking about next year (after all, this semester isn't even over yet), but it is very important that you take time to read fice at 232 Capen). YouMustfile a new FAF for each academic year. In other words, the FAF you filed for this year (85-86) is worthless after May and you must file a new FAF in order to be considered for any campusbased aid (NDSL and CWS) for 1986-87. The next thing to do, if you are a dependent student, is to try to get yourself independent on next year's FAF. As many of you have discovered, as soon as you answer "yes" to any of those questions pertaining to living with your parents for more than 6 weeks, parental support of over $750, and/or being claimed on your parents' this and take care of your financial future now! To begin with. Everyone should pick up a Financial Aid Form (FAF) for the 1986-87 school year. These forms will be available during the first two weeks of December at A&R, my office (Room 314), and at the Financial Aid Office (Hayes C on Main Street or the satellite of- tax forms you are considered dependent and a parent contribution will be used in calculating your financial aid eligibity for the coming year. So, if the only thing that's keeping you from joining the ranks of independents is that your parents claim you on their 1040, by Victor R. Siclarr In order to fill in the void created by SBA Vice-President Todd Bullard's absence, SBA everyone else, she hopes Todd gets better soon and is anti- ceived after the deadline. So, don't let yourself procrastinate on this one. Don't let yourself be a victim of bureaucratic deadlines. Make sure your FAF is in by the March 15th deadline No Excuses. Now, here's a helpful hint that you all should know. Financial Aid's deadline date marks the date by which your FAF must have been received and recorded by CSS. That means. Do Not mail your FAF out the day before or even the weekbefore March 15th because odds are you'll miss the deadline. Play it safe and get the FAF in 2-4 weeks before the deadline. I'm warning you now, mail service is always slowest when you wait until the last minute to make a deadline. The FAF, for those of you who have not experienced the joy of filling one out, will take some time to complete. You will need your (or your parents' if you are dependent) 1985 1040 to corn- — Fiimmial Aid Advisor Kuihy PeleranXelr/-John\tm. use the vacation to practice oral argument and convince them not to claim you-on their 1985 return. Now, the most important — Don't Miss The step of all Deadline! All FAF's Must Be Received And Recorded By The College Scholarship Service (CSS) In Princeton By March 15, 1986. Unfortunately, many of you discovered the hard way that the University has no mercy for students whose FAF's were re- plete the form. If you haven't done your taxes, you can estimate the tax figures and get the FAF in the mail. One note on estimating figures: Make sure you're close. Any major discrepancy may later come back to haunt you. If you are leary of estimating, you better check pay stubs, or get your W-2s as soon as possible so as not to delay filing. One last point on the FAF, be sure you pick oneup before you leave for break, but remember, CSS, cannot accept forms received or dated before January Ist. So remember that you now have a million and one things to think about. Financial Aid Forms for the coming school year are due in Princeton no later than March 15,1986. Mark your calendars, especially if you want to be considered for any College Work-Study or National Direct Student Loans for 1986-87. Shuman Appointed Special Assistant to SBA President President Lori Cohen has appointed Leslie Shuman as Special Assistant to the President with the approval of the SBA Board of Directors at its November 11 meeting. Shuman, a second-year law student, said the duties of her recently assumed position are undefined at this point. Basically, she said, "I will fill in the gap and help out wherever needed. I will do whatever the vice-president usually would do." However, she prefaced LatkO this with the statement that, like cipating his return. According to the SBA Con- stitution, duties of the Vice Presidentof the SBA are to "assume the duties of the President in his absence" and "be a member and chairman of the External Affairs Committee." Shuman noted the generality of the vice president's duties and how her position is similar in that she is to be an assistant to the president. Nevertheless, she said, "I am notreplacing the vice president, but will be tak- ing over his duties for the inI will help out Lori and terim. the other executive board members (Treasurer Jerry O'Connor and Secretary Colleen Rogers)." However, she will not serve as chair of the External Affairs Committee because she feels it should be reserved to the Vice President. Shuman also pointed out that she is serving exofficio, or without a vote. Shuman believes that this position may continue throughout the full academic year in order to help the other executive board members with SBA RESUME SPECIAL! FOR STUDENTS & FACULTY PACKAGE OF 50! Includes black Ink) • TYPESET 1 pg. RESUMES • 50 MATCHING BLANK SHEETS • 50 MATCHING BLANK ENVELOPES (SVixil, NOW — 3171 Main Street Buffalo, NY 1676 Niagara Falls Blvd. Tonawanda, NY 14150 834-7046 4 Opinion Dumber 2, 1985 14214 835-0100 being a part of what is going on in the law school. She is also looking to be able to promote feedbackand is willing to work on problems affecting the stu- law school. She also is attending SBA meetings and sitting in on student discussion panels. Shuman is looking forward to getting involved in SBA and dents. Shuman can be contacted either at SBA meetings or by leaving a message in her mailbox, #235. by Peter Scribner hale in a snappy new threepiece blue suit. "I had to buy newsuitsthisfall," he said. "My hotel room in Boston was robbed, but all they took was my dictaphone, my key ring and my suits!" Boston police are on the lookout for a 52 medium in baggy gray flannel. Joyce also reported that he will be teaching Gratuitous Transfers this spring, to the collective relief of all bar-loving seniors. He will also be instructing Tax II again. He is greatly enjoying his sabbatical work Professor Joyce Set to Return for Spring Classes Law School Professor Ken Joyce, currently on sabbatical in Albany, was sighted by several reliable sources at the Desmond Moot Court Competition. Joyce has been the advisor to the Moot Court Board for several years, and returned to act as a panel judge in this year's semi-final round. By the most remarkable coincidence, the grades for Joyce's Tax II class were posted just the day before, only six months after last spring's final exam. His Fall '84 Tax I grades simmered for ten months before being pbsted in October. Prof. Joyce looked hearty and with the New York State Law Revision Commission and expects to continue with them on a part-time basis next semester. Law School Yearbook Needs Student Support ranked in the top 20 in the nation should have a yearbook. I am seeking people who are „ willing to participate in this deavor. Whether experienced or inexperienced, the yearbook needs people who will solicit boosters from area vendors and law firms (a great way to make contacts), work on compilation of pictures, take photographs, or help organize orders and distribution. Right now, I am coordinating with Serendipity, who take the senior portraits, and Jostens, who print the yearbook, in an effort to strike a deal for price and a time frame. It is hoped that the yearbook will consist of 100 pages and a hard cover. There will be a section forfacul- erf CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE SAVE «5« NOW! Coupon must be presented, expires 12/31/85 Campueesl selection, the dean search and the physical condition of the by Victor R. Siclari Not since 1971 has UB Law School had a yearbook. However, myself and othersfeel that its absence has endured long enough and that a law school §g)E9§ Serving North & South matters. Right now, she is working on issues that concern most of the students, such as course ty, administration, student clubs, senior portraits and can dids. With luck and some hard bargaining, the senior portraits will be in color. Ifthatis not possible, then there will be some color pictures in the candid section. If all goes well, the yearbook will be out before the end of spring semester. A follow-up pocket part will includepictures of graduation and any other last-minute events. The price for the yearbook is estimated to be $10.00, contingent on the amount of money raised by boosters, SBA funding and/or administration backing. All those interested in work- ing on the yearbook or who have any ideas or suggestions about cover design, content, name of the yearbook (it was called "TheAdvocate" in years past), etc., please leave me a notice in MB #754. �Law Academic Dishonesty Procedures Explained The following "Procedures in Cases of Academic Dishonesty" are particularly pertinent with the advent of finals and seminarpapers due. This is an updated version passed by a large majority of the Faculty of Law andJurisprudence on April 12, 1985. ability to be fair and impartial. Decisions concerning disqualification shall be subject to review by the student members of the FSRB. Any knowledge deemed not to be disqualifying shall, however, be disclosed in the report made by the panel as required by section 4, below. 1. Duty To Report Every student or faculty member who has reason to be- 3. ADIP: Powers And Procedures Each ADIP shall upon appointment and receipt of the allegation of suspected academic dishonesty forthwith notify the student or students involvedof the subject matter of the allegation and the identity of the person or persons making the allegation and shall proceed to investigate the report. The ADIP shall select one of its members as the chair. In the course of its investigation, the panel may interview witnesses, including the person or persons who made the allegation and the person or persons suspected of academic dishonesty, examine lievethat there has been an unresolved instance of academic dishonesty shall immediately report such information to the Faculty Student Relations Board (FSRB) in accordance with the faculty's Standards for Academic Dishonesty Cases. (Exhibit A). Such report need not be in writing, and when made by a student, shallbe kept confidential until such time as the Academic Dishonesty Investigative Panel convenes. 2. Duty OfFSRB On Receipt Of Allegation Of Academic Dishonesty Upon receipt of any allegation of academic dishonesty, the FRSB shall appoint an Academic Dishonesty Investigative Panel (ADIP) within 7 business days or a reasonable time, whichever is appropriate. The ADIP shall consist of three qualified studentswho are chosen by lot from a list of twelve students (together with three alternates) provided annually to the FSRB by the Student Bar Association (see accompanying list.) A student chosen for an ADIP shall disqualify himself or herself if personal knowledge of relevant events or individuals jeopardizes his or her any documentary evidence, including a selection of exams or investigation with due dispatch. Upon completion of its investigation, the ADIP shall prepare and submit to the FSRB a report, together with any tangible evidence collected in the course ofits investigation. Such report shall detail in writing its findings with respect to the alleged instance of academic dishonesty, and, where appropriate, recommend a sanction in accordance with the faculty's Standards for Academic Dishonesty Cases. A copy of the report shall be furnished to the Recommendation The ADIP shall complete its (b) If the FSRB accepts the report in whole or in part, it shall so notify the person or persons accused of academic dishonesty and the person or persons making the allegation. Either party may within ten days request a hearing with respect to formal FSRB adoption of the report, as provided in section 6, below. If no such hearing is re- Student (Year) Phil Chamot (2) Jerry O'Connor (3) Lisa Roy'Baron (3) Vicky Argento (2) Dana Young (1) Kathy Tenney (3) Jeff Gibb (3) John Goldsmith (1) M.B.# 37 837 744 6 531 771 633 388 person or persons suspected of academic dishonesty and to the person or persons making the allegation. 5. Duties Of FSRB On Receipt Of Report From ADIP (a) Upon receipt, the FSRB shall review and evaluate the ADIP report and any tangible evidence submitted. Such evaluation shall be concluded within 14 business days of receipt, or within a reasonable time, if appropriate. During such time the FSRB shall by a majority of its members decide whether it accepts the report, returns it to the ADIP forfurther consideration, in whole or in Student (Year) Tom Roach (3) Lois Leberman (1) Shari Berlowitz (1) Susan Gass (1) M.B.# 742 430 306 379 Alternates: Cora Alsante (1) Fredericka Sands (1) Larry Basel (2) hearing under section s(b), or following a decision to conduct a hearing under section s(a), the FSRB shall expeditiously develop through the hearing process as complete a record as is possible, including a transcript of its proceedings where deemed appropriate. At such a hearing, the FSRB shall first receive in evidence all material submitted by the ADIP that investigated the alleged instance of academic dishonesty. It may in addition summon such witnesses as it may see fit to hear and examine any documentary evidence, including a selection of exams or papers where relevant and engage in any appropriate research. It shall summon and examine as well any witnesses reasonable requested by the person or persons making the allegation. At such hearing, no formal procedures shall be required, and no rules of evidence shall apply Faculty-Student Relations Board (FSRB) other written work where relevant, and engage in any other appropriate research, including the right to seek the advice of experts. However, no formal procedures shall apply other than competence and relevance, and no individual shall be represented by counsel or entitled to confront or crossexamine witnesses. Members of the ADIP shall treat any information received in the course of their investigation as confidential. 4. ADIP: Report And part, or, where appropriate, orders a hearing with respect to any aspects of the report that are not accepted. 199 488 12 quested, the report shall be deemed adopted by the FSRB and shall be directly transmitted to the Dean for such action as may be indicated. (c) The ADIP shall be discharged if the FSRB accepts its report as a whole, or after it notifies the FSRB with due dispatch that reconsideration of a report that has been returned to the ADIP will not produce additional information that would be useful in resolving the issue or issues contained in the allegations. 6. FSRB: Hearings Upon receipt of a request for other than competence, relevance, and privilege. The person or persons suspected of academic dishonesty and the person or persons making the allegation may be represented by counsel who may crossexamine witnesses to the extent deemed reasonable by the panel. 7. FSRB: Report After Hearing Upon completion of the hearing process, the FSRB shall prepare a report of its proceedings, which shall include where appropriate a summary of the evidence. By vote of a majority of the Board's members, the Board shall recommend a decision, including a sanction continued on page 13 £&& Pl« Wings & Beer^' ■HK P.J.s Wings are the Best! Jg^* "(■ I) \jmJL ji ONLY 10<: FOR JUMBO WINGS j No "buy one get one free" "* ' r>'>sSi -,ust P lain& straight—lot each. Beer Specials Every Night Jf* jf, $2.75 pitchers till 11:00 with coupon P. J. BOTTOMS FOOD - BOOZE - BOOGIE 3270 main street buffalo, n.y. 14214 833-3270 December 2, 1985 Opinion 5 �1929 U.B. GradReflects on Law Career by Timothy J. Burvid Few people in the legal pro- fession have practiced law for as many years as Leonard J. Brizdle, a senior partner in the firm of Gross, Schuman, Brizdle, Laub, and Gilfillan, and a proud graduate of the University of Buffalo School of Law, Class of 1929. As an attorney for over 55 years, Brizdle has observed remarkable changes in the field, and relates his experiences over the last half century as easily as he rattles off what teachers he had for which courses, and when they met. A lifelong resident of Buffalo, Brizdle began as an undergraduate student at UB in 1924, graduating after from Layfayette High School where he led his basketball team to the state championship. Although a Bachelor's degree was not necessary to enter law school in those days, Brizdle explained that he wanted to get a degree in the liberal arts first. Within two years, however, he decided to get married, and felt it best to accelerate his education by forgoing his final two years of undergraduate studies, enrolling directly in law school. Interestingly, his wife, Eleanor, a student of social work at ÜB, had to petition the Dean of Women, Dean MacDonald, for permission to get married. Brizdle attended the law school in its first Eagle Street facility, a converted home. The school had one main faculty member. Dean Alden, who taught a course simply entitled "Practice." Except for one other remaining courses were taught by lawyers, including Adalbert Moot, and Philip Halpern, who later became Dean, and with professor, the whom Brizdle served his required one year clerkship upon graduation, before opening up his own office on the day he passed the bar. Tuition was two hundred and fifty dollars a year, and Brizdle, like many law students, used to clerk while attending school. "I also used to serve papers for one firm who used to put up a blotter in the window if they wanted me, and I'd see it on my way homefrom law school," he recalled. He received one dollar for each service, but remembers one night when he started out with twenty papers, and crisscrossed the city without serving a single one. He remembers that there were very few women in law school in those days, "maybe one or two." He noted however, that "some of the smartest lawyers today are young "Just because a person's name is in the Yellow Pages, doesn't mean that he is a good lawyer." I understand," citing Supreme Court Justice Dolores Denman as an example. Brizdle explained that there wasn't nearly the volume of material to be mastered back then. While his friends in Medical School spent many hours "burning the 'midnight oil' and memorizing every muscle and nerve," law students "had logic women, and the case method, where you got training in legal thinking," he said. He recalls that people used to say "If I don't know what the law is, I know what it should be." Today, the "logic of the law is disappearing and you have to memorize; maybe that's why law students are considered smarter these days, "he theorized. He recalls having talks with Dean Jack Hyman about the importance of practical training as a part of a law student's education. Hyman felt that law students could get that experience after graduation, while Brizdle believed that "you should learn both the law and how to practice law, so you couldopen your own office the day you got your license." Unfortunately, "it's becoming impossible to do that; the expense alone precludes young lawyers from starting out on their own." Brizdle got his own start during the Depression, and although things were difficult, often "taking from Peter to pay Paul," he and his family survived. "I remember a very prominent person I knew, who jumped out of a window the day the stock market crashed," he noted. Work was difficult to get, and "some lawyers used to get up, get dressed, leave their West Side homes, change clothes, and sell apples in another part ofthe city. One law firm announced that it was laying off 30 lawyers, and that none of the partners had drawn any money from the firm for three years," he remembered. During World War Two, things were again difficult, and many lawyers worked in war production plants at night. Others went off to war. Brizdle was too young for the First World War, and was too old, by one month, for the Second. He says he often wonders how the experience of military service would have influenced his life. Brizdle's first clients were neighborhood businesses like his grocer, his druggist, and his gas station, businesses that are mostly operated by chains today, with their own counsel. Lawyers also met clients through fraternal organizations such as the 12 thousand member Fraternal Order of Leonard J. Brizdle and hisfaithful secretary Monica Cochrane. Eagles where he served as Pres- organizations were heavily motivated by charity and social work, but "since the government took over and is doing a better job," such places folded, and one source of business disappeared. Another lucrative source of business was ident. Such prohibition cases, representing bootleggers. These avenues don't exist today, Brizdle explained, when the only way to get started is to join a firm and work your way up through the ranks. Fortunately, for lawyers, "government has expanded its control and effect on our individual lives, so there's a big field in administrative law and with government agencies," he noted. Still, "there are a multitude of lawyers, not a cohesive group as in the past" he said, "when all the lawyers used to be downtown and met at night," to talk shop. "The Iroquois Hotel Bar and Laube's Old Spain were great meeting places," he reminisced. "There were always five or six lawyers there, and we'd sit and exchange ideas about cases and practice." He also explained that with less lawyers, "your word was good, and you didn't have to reduce Record Ratings Are Counterproductive Commentary by Dana Young What better way to arouse curiosity and increase the sales of once obscure albums then to slap them with an "R" or "X" rating? Thanks to the Parents' MusicResource Center (PMRC), teenagers have one more thing to "get away with" and curious adults one more thing to "get Gore became the kingpin for the PMRC after buying the bestselling Prince album "Purple Rain" for her 12 year old daughter. She was "shocked" when she heard the wordsjto "Darling Nikki," which describes Nikki as a"sex fiend" who masturbates with a magazine in hotel lob- bies. off on." Instead of wondering who sings sexually explicit rock songs, we can now read on the front album cover, "PARENTAL GUIDANCE: EXPLICIT LYRICS." And instead of straining to decipher the garbled lyrics of orgasmically screaming rockers we can turn the album over and frame the lyrics if desired. Fearful that the impressionable youth of America would emulate such suggestions, Gore amassed a file of raunchy rock songs, video, clips, and followers. Their mission: "to get the music world to clean up its But that's not all; it may not even be necessary to finger through every last album rack searching for these juicy gems. If the PMRC prevails, labeled albums will be grouped separately in record stores. So much for obscurity. What started all of this nonsense? A conservative, albeit idealistic, group of women from the posh suburbs of Washington D.C. Leading the "well-connected pack of people" are Susan Baker, wife of Treasury Secretary James Baker, and Mary Elizabeth "Tipper" Gore, wife of Senator Albert Gore (D-Tenn.). noxious stuff is being sold to very vulnerableand susceptible children." This smacks of the same sentiment, however, which occured over Elvis' Pelvis and the rock and roll movement three decades ago. Since its conception, sex has been a part ofrock and roll and the controversy which surrounds it. The term "rock and roll" was derivedfrom the early 50's phrase "rockin' and rollin'." This did not refer to the Twist or the Hop but to the motions kids did in the backseat of 6 act." The PMRC contends that parents need a warning about what their children buy. Baker sums up group sentiment, "This ob- Daddy's Chevy. Country music legend Jimmy Rodgers sang these "offen- Opinion December 2,1985 sive" lines in 1931: "And if you don't wanna smell my smoke/ Don't monkey with my gun." In the same era, Variety judged titles of the songs "Hoochie Coochie Man" (not about a man tickling babies) and "I'm Gonna Shave You Close" (one of the kinkiest songs ever put on vinyl) as too suggestive to print. The outcry raunchy rock is not new. Even if today's teen is too inundated and jaded with sex and violence, the PMRC is wrong to think labeling albums is the answer to this problem. Such a policy is laden with futile idealism that if one labels all violent and sexually explicit albums and relegates them to a dark corner of the record industry, teenagers won't be influenced by their raunchy lyrics, and they will be better people. Causality hasn't been established. Social scientists haven't shown that listening to violent or sexually explicit rock lyrics will encourage people to go out and become nymphomaniacs or bad-ass Hell's Angels. Nor will they ever draw a solid connection. The problem behind deviant behavior is much larger and more complex. The PMRC is providing an answer to the wrong question. Like other forms of regulation, rating albums will probably be counter productive. The PMRC has given national atten- tion to the groups they wish to censor, and it would be no surprise to find sales of Prince, Twisted Sister, and other "labeled" albums increasing. Face it mom, SEX SELLS and rules are made to break. I was 11 years old when the book Jaws was published; my father let me read it, but he stapled Chapter Six shut. Every single edge was lined with staples so I couldn't peak between the damn pages. He said there were certain things unfit for girls my age to read. Naturally, I went to the library, sat in the corner, and read Chapter Six with excruciating precision, devouring every "unfit" word. I just had to read what was deemed unreadable. If Jaws had not been at the library I would have found it somewhere else. By rating albums and encouraging that they be "stapled shut" from the ears and eyes of "vulnerable" teenagers, the PMRC has invited an escalation of the very behavior they wanted to prevent. Tipper, DO YOU KNOW WHERE YOUR CHILDREN ARE? They are sneaking X-rated albums on the Bang & Olufsen turntable, listening intently for the sexually explicit lyrics, and growing up to be future politicians. everything to writing." We used to hear stories about NewYork City where you couldn't trust anyone," something he said is "pretty prevalent" here today. Another product of the prolif- eration of attorneys, advertising, is one innovation that Brizdle isn't particularly fond of. "Just because a person's name is in the Yellow Pages, doesn't mean that he is a good lawyer." The material need for money has encroached on the professional attitude where a lawyer felt he had a duty to help a client, not just wait on him as in a supermarket. "If you want a good lawyer, you ask someone for a reference, based on their reputation." Clients don't escape his criticisms, however, and Brizdle advises young lawyers that "whatever your relationship with a client, always deal with him as a potential plaintiff in a malpractice suit," adding that malpractice used to be something that was "unheard of." Brizdle also advises young lawyers about the importance of being "street smart," and getting exposure. "I don't give a damn how much education you've got, if you're not street smart. "If you've spent all your time with your head in the books, getting straight A's, when you graduate, you still have to ask yourself questions about who you know, and where you're going to find business." Over the years, Brizdle's practice has thrived, but he points out that he still has original clients from his Order of Eagles days. He is also a past president of the CommericalLaw League of America. He described his practice as a "practical, efficient, five and ten cent store, that occasionally made a Sak's Fifth Avenue Sale." Although he spends several months per year in Florida, he says he has no intentions of retiring from a life he so obviously enjoys. He also credits his dedicated secretary of 40 years, Monica Cochrane, as invaluable to his success. The best secretary always catches the boss's mistakes, he joked. He also noted that "Monnie" probably remembers more about the cases of the last forty years than he does. Perhaps the greatest testimony to his success, however, is a plaque that 12 young associates he's helped over the years recently presented to him. The plaque reads; "The following alumni hereby extend to Leonard J. Brizdle their heartfelt appreciation for his training and guidance in the early stages of their own law careers, which have contributed immeasurably to their success in thepractice of law." �The Public Sector Diane Dean How to Find a Public Interest Legal Position Public interest employers don't come to you, which experience shows is one significant reason why studentsdon't try to secure public interest legal employment. The firm courtship period at the beginning of second and third year of law school offers students the security of knowing they'll be working at a law office the next time school lets out. Harvard, in fact, asks firms which offer jobs to third year students to hold the offer until public interest agencies recruit to give thestudent the opportunity to make a clear choice between public interest work and private work. Harvard graduates can afford bargaining with firms on these terms. Most other law schools cannot. The few public interest employers who do recruit in the fall help law students who feel they need that security of knowing they have a job. These employers tend to be the larger government agencies and District Attorneys' offices. These agencies have an established yearly budget, unlike civil rights advocates, for instance, who may win a large case with an award of attorneys' fees one year, but then go for two without a major victory in court. If you're patient by nature or are someone who is a diehard public interest type, the wait until spring can be well worth is scarce so jobs are scarce as well. But they are there, you can find them, and you can get hired into one of them. The Job Search The very best place to start your public interest job search is with your contacts. Over the upcoming semester break, call on your old professors or previous employers and tell them what you've been doing in law school. Ask them if they have any ideas of who you might contact for a summer or fulltime position or if they know of specific hiring needs at agen- cies. The public interest handbooks from NYU, University of Virginia, and Harvard all stress that contacts are the single most important first step to securing the job you want in public interest work. This emphasis is probably reflective of the attitude which prevails among public interest employers they want people whose personal commitments to the pub- — lic welfare are strong; therefore, they weigh personal references as high, or higher, than one's academic achievements. If you haven't already done so, use the break to update your resume. Contact profes- sionals you've met at conferences, during your clinic work, or at other academic gatherings. Visit the fourth floor CDO reference area in the library, it. The Executive Director of the New York Civil Liberties Union didn't get his first job out of law school until the day before classes ended in his third year. He went on to Atlanta, Georgia to file cases on behalf of people who later became major figures in the national ci/il right move- and the third floor CDO offices for background information on ment. And write letters. Don't burn out on the letter writing, Public interest work can offer not only great opportunities to get into the thick of social change, but can be more varied than private firm work, allowing you the freedom to be creative in what you do as a lawyer. Public interest work includes working in areas of environmental issues, consumer protection, human rights, women's rights and criminal appeals. While this list is by no means exhaustive, it is a sampling of the focus many public interest advocacy groups take. A 1980 study indicated that 4% of all lawyers were em- ployed in government agencies and 3.5% worked for special interest groups and legal aid public defender programs (this number includes non-"pub(ic interest" groups such as trade associations). This small percentage not only reflects the level of interest attorneys show for using their skills in representing traditionally underrepresented people, it is also a clear reflection of the financial standing of the public interest employment market. Money to pay attorneys who can help citizens implement the law, or defend their rights under the law groups you may want to work with. Peg the organizations for which you'd like to work, and the geographic areas you'd like tual job openings or speak with students about the work their agency does. Similar to the procedure for the New York and Washington, D.C. firm interview programs, students will submit a resume to each agency with which they would seriously consider working. Agencies will screen the applicants, and call the CDO with the names of people they'd like to interview. A major difference between this interview program and the procedure firms follow is that when the agency calls with the list of names of interviewers, they will give us the scheduled interview time for each student. In essence, there is no opportunity to withdraw your name once you have been offered an interview unless you contact the employer yourself. Students may be scheduled for interviews on one or both days, depending on the schedule of the employer. You may attend the ongoing panel discussion between interviews. Transportation and/or accommodations may be coordinated if there is an apparent need. Students on the public interest mailing list will receive further information on this at a later date. Last year, the following agencies were among those which interviewed students: Advocates for Children of New York, InternationalTrade Field Office, NYC Department of Finance, Housing Advocates of Ohio, New York Lawyers for Public Interest, and Community Law Offices of New York. Since very few public interest employers or government agencies can afford to conduct on-campus interviews at all the law schools in New York, this once-a-year gathering offers students and employers alike an opportunity to save money by meeting all at once. If you're interested in public interest work. Plan on Attending\ Other Employment- selffor help. Search Tools In addition to the ideas already mentioned, the CDO offers a variety of materials on job placement. A most useful place for first-and second-year students to look is the questionnaires returned to UB by employers who offer summer placements on an annual basis (labeled "1984-85 Employer Questionnaires"). Students seeking full-time work can refer to these binders as well. However, 1985-86 job questionnaires will not be returned for a couple of months. While the openings listed are for last year's full-time openings, they will give you an idea of who was looking for employees, the salaries offered, and where the needs seem to be fo- — cused. Some alumni have said they'd be willing to help stodents if they can. The Association of Women Law Students compiled a binder of women graduates who returned questionnaires as well, and would be willing to be contacted in the future by UB students. A list of alumnae in a specific geographical area can also be accessed if you ask someone at CDO or my- to work in (be adventuresome students have fallen in love with Chicago and Oregon). Monthly copies of the Clearinghouse Review, Community Jobs announcements, and the Public Interest Clearinghouse (listing jobs primarily in California) are in room 307 and on the 4th floor of the library. Three summer internship programs are offered to students interested in public interest work. The Buffalo Public Interest Law Project, the Law Students Civil Rights Research Council, and the National Lawyers Guild all offer placements at various public interest groups around the country. Applications for LSCRRC are here and can be picked up at the CDO. They are due back either at the end of exams or the first day back at school in January. Announcements regarding the National Lawyers Guild and BPILP internships will be forthcoming. One last note if you do nothing else over the semester break, pull your resume together. It will save you time next semester when the call for resumes for the Public Interest Law Symposium is announced and may even get you an interview which would have been missed because you were unprepared. Stop by the CDO or the Graduate Assistant's office in Room 627 for advice on writing your resume and attend the CDO panels on resume-writing as well. Diane Dean is the Graduate Assistant for Public Interest/ Public Service Careers. — CASEY'S NITE CLUB presents though, or it will show. Write onlyto those agencies which do the type of work you have experience in, you can enthusiastically convey an interest in, or your contacts have suggested may suit you. ThePublic Interest Symposium The Public Interest Law Sym- posium in New York City has been called the single most important event which students who are interested in public interest work should attend. Held at Fordham University in New York City this year, the symposium brings together public interest employers and students to interview, both formally and informally, for full- time and summer positions. Panel discussions on public interest careers are conducted as well. Many students from UB received job offers as a result oftaking part in the symposium last year. This year it will be held on Thursday, February 27 and Friday, February 28. At the beginning of next semester, the CDO will publish a list of agencies participating in the symposium which will either interview students for ac- GRADUATE GROUP ON HUMAN RIGHTS LAW AND POLICY presents APARTHEID: CAN INTERNATIONAL LAW AND THE U.S. MAKE ANY DIFFERENCE? a presentation by CLAUDE WELCH Professor of Political Science TUESDAY, DECEMBER 3, 1985 3:00 5:00 P.M. O'BRIAN, ROOM 210 • - I THURSDAY NITE . I V COURT A fine of $4.00 at the door will get you unlimited draft beer and bar drinks until 1:00 A.M. , »» «Hors d'oeuvres will be served at 12:00 midnight. if -are jg -ar- Tag ■» J*■ ~3 Jg- From 1:00 A.M. to 4:00 A.M. there will be $1.0.0. bar drinks, 500 drafts and 3 shots of any schnapps for $1.00 ATTENDANCE WILL BE TAKEN. Ajf ,* 421 Kenmore Avenue December 2,1985 Opinion 7 �. ! OPIMON-β! , President's oc-Corner unity on Hello. Many things have curred since I last wrote for the paper. As you all know, Todd has been hospitalized for almost a month now. At Monday, November 11' a meeting, the SBA Board of Directors approved creating and filling the position of Special Assistant to the President. Leslie Shuman, a second-year student, was approved by the board. She will fill the temporary void created by Todd's illness a void which required filling. Feel free STATE UNIVERSITY OF NF* TORX AT BUFFALO SCHOOLOF LAW Volume 26 No. 6 December 2, 1985 Victor R. Siclari Managing Editor: Jeff H. Stern NewsEditor: Paul W. Kullman Features Editor: Timothy J. Burvid Business Manager: Harry Bronson Photo Editor: Paul F. Hammond Editor-in-Chief: Layout Editor: Keviti O'Shaughnessy Production Editor: Charles E. Telford ContributingEditor: Peter Scribner Staff: Idelle Abrams, Dave Chapus, Sue Clerc, Diane Dean, Krista Hughes, John Lapiana, Jack Luzier, Jerry O'Connor, Amy Sullivan. Contributors: Lori Cohen, Mario Cuomo, Kathy Peterangelo Johnson, Roy A. Mura, Willie J. Wheaton, Dana Young. Copyright 1985, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic year. It is thestudentnewspaper of the State University of New York at Buffalo School ofLaw, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. ■'•■ Composition and Design: Words and Graphics, Inc. Editorial — to talk to her in addition to myself if you have any problems or questions. On November 8,1 met with a representative from eachof the SBA groups. We decided to write a letter to UB President Steven Sample concerning the general status of the law school. Lisa Roy and myself will present the letter to the same group on November 21. Each head of an organization will sign the tetter to show stu- • this issue. On November 11, a group of five students, representing all three classes, met with Acting Dean Schlegel to discuss our concerns. He shared all of these concerns, but saw money as a dent primary obstacle. That evening, at our weekly meeting, the SBA decided to look into sending a group of students to lobby the legislature on behalf of the law school. If anyone has any ex- perience in lobbying, please leave a note in my box (#597). Our party at Casey's was a huge success, although there were some problems beyond our control. The lack of food concerned us, in addition to Casey's most recent ad depicting a blond bombshell exploding. Numerous students, male and female, complained about the tenor of that ad and a letter has been written citing these problems. The SBA will not itself sponsor another party at Casey's, nor will we encourage Lori Cohen other groups to do the same. At this point, with the raising of the drinking age, the market favors graduate schools because of the students ages. We will use that favorable position to choose an establishment we wish to support. At the November 18 meeting, the board proposed a resolution supporting The Opinion's policy of publicizing the names and a small amount of biographical data of prospective dean candidates in the newspaper. Provost William Griener claims that this is a violation of confidentiality, ignoring the fact that the candidates meet the students in a public meeting. Even more important, the students have a stake in the new dean, perhaps more than any other group, and should have some information. A party is going to be planned for the last day of classes so look for the advertisement! Thanks, Lori. — Newspaper Will Not SBA Condemns Bar's Advertisement — I Submit to Gag Order Dear Mr. Vincent Tracey, Owner Casey's Nite Club The public's right to know of events of public importance and interest is the overriding mission of the mass media. Code ofEthics Society of Professional Journalists — Recently, a high-ranking University official condemned the publicity The Opinion gives to dean candidates visiting UB Law School. The administrator declared itis a violation ofthe candidates' right to privacy and an invasion of matters concerning family and occupation. There may be a legitimate concern that faculty and administrators of the dean candidate's school will react adversely if they learn that one of their colleagues is applying for the position of dean at another law school. However, we feel that our publicizing and reporting on dean candidate interviews does not pose such a threat. Furthermore, the real and present interests of the students at UB Law School outweigh the imagined and remote claims of invasion ofprivacy. This law school is under the aegis of a public university, thus triggering a certain amount of disclosure in the selection of its public officials. Since these candidates have made a voluntary, affirmative and conscious decision to seek the position of dean at this school, they have accepted the school's invitation to be publicly interviewed by students. Any assertion-of a right to privacy has vanished at this point. In addition, there is no indication that the privacy of the dean candidate is paramount and compelling, since the interviews with the students are not cloaked with secrecy nor treated as confidential discussions. Furthermore, in most cases, the candidates' best references are their current employer and colleagues. Surely, someone among the dean candidates' own ranks will be told of or discover the candidate's external employment pursuits. In fact, this internal risk is more real than the assertion that an article in The Opinion will disclose the candidate's activities to supposedly unknowing faculty and administration, particularly when circulation is limited to the law school and the local legal community. As the law school's newspaper, it is our right as well as duty to communicate any public information about these candidates to the students, especially the time and place of the meetings. This newspaper recognizes that the candidate interviews with the law students are not scheduled at the most convenient time. Some students have classes, others have jobs, and still others have commitments to family and preparing for finals, all of which may prevent them from attending these meetings. This is why we report information volunteered by the candidate to student inquiries during the meetings. The Opinion is the best vehicle of communication because of its ability to convey first-hand information and dedication to journalistic requirements of "intelligence, objectivity, accuracy and fairness." To leave the communication of facts up to word of mouth would lend itself to subjective interpretations and inaccurate information. We feel our policies are justified and will continue to provide a free flow of information to the students. 8 Opinion December 2,1985 Good Afternoon. am writing to express my thanks and concerns pertaining to the party the Student Bar Association sponsored at your establishment on Thursday, November 7th. The party was well attended, and a good timewas had by all. Generally, the atmosphere was pleasant and the employees friendly. There are several problems. We were promised unlimited bar and food for the admission fee. The food was to consist of hors d'oeuvres: wings and pizza. Unfortunately, two buckets of wings and four party pizzas does not, nor ever will, comprise unlimited food for well over one hundred people. Additionally, instead of the agreed upon midnight delivery of the food, the very limited food arrived at approximately 12:45, when the open special was about to end. The second problem concerns an advertisement your establishment is running on the radio. As I pointed out to you on the evening of the party, law students on thewhole are more sensitive to the possibility of a discriminatory message in advertising. Many law students, male and female, recognized that message in your "blond bombshell" advertisement. We have decided not to sponsor another party at your establishment, nor will we encourage other groups to do the same, until that particular advertisement, and others like it, cease. Thank you and I hope we can settle this situation to the satisfaction of all involved. Lori Cohen Student Bar Association President An Open Letter to President Sample Dear Dr. Sample: Good afternoon. As concerned representatives of the law students at Buffalo, we feel it is imperative to bring several neglected issues to your attention. Your State of the University Address was devoid of any mention of the law school, which leads us to believe that you may be unaware of these concerns. We feel it is our duty to the law students to address these problems. First and foremost is the position of the law school in the University. As a nationally ranked, top 20 law school, and the only one funded by the State of New York, we believe we are unique. We are a thriving, nationally known institution; our alumnae are spread across the nation, causing our reputation to grow immensely in the past five years. As such a national institution we, more than any other program on campus, meetyourdesire to become much more than a local university. Yet, instead of utilizing the law school to benefit your projection of a national image, with small costs to you, the law school is removed from your plans and your focus. Your State of the University Address made this quite clear. There are very few material things necessary to piece together a quality law school. However, intangibles such as atmosphere, academic freedom, and administrative support are central to the development of a top rate legal program. The development of our law school is being hampered by this University Administra- tion's disinterest. Our building is in disarray, with a flood emerging on the seventh floor anytime it rains. Our library is one of the best in the nation and yet remains the only library on campus without a word proces- sor. Additionally, the facilities are also suffering from the over-use of undergraduates. Our Moot Court room has become a shambles because of the exclusive use of undergraduate classes. Furthermore, we have lost total scheduling control of three other classrooms in our building, making the reschedule of make-up classes and student group meetings impossible. We feel that you have set the tone forthe University by ignor- ing our voice and concerns. We believe we have special interests and in many ways the needs of a law school are much different from those of any other program. Our law school is over-run by outside concerns, stripping us of our identity and leaving us with no sense of community. We would appreciate it if we could set up a meeting with you sometime in the near future to discuss these problems and concerns. We eagerly await your reply in care of theStudent Bar Association. This letter was signed by the leaders of the law school's 19 student organizations. Lecture Series Continues Dear Editor: Thank you for your terrific coverage of the first lecture sponsored by the Buffalo Law Review Contributors Lecture Series. The lecture series is designed to feature law professors whose works are to be published in the Buffalo Law Review. In addition to Prof. Charles Ewing, whose article dealing with the'prediction of dangerousness among juveniles shall be shortly in print, the following professors have accepted the Review's invitation to publish their studies in forthcoming editions. We hope to sponsor lectures by each of them relating to their articles early next semester. Prof. Guyora Binder, The Dialectic of Duplicity: Treaty Conflict and the Contradictions of International Law and Politics, 34 Buffalo Law Rev., Issue 1. Profs. Barry Boyer and Errol Meidinger, Privatizing Regulatory Enforcement: A Preliminary Assessment of Citizen Suits under Federal Environmental Laws, 34 Buffalo Law Rev., Issue 2. Atleson, Prof. James Obscenities in the Work Place: A Comment on Foul & Fair Expression and Status Relationships, 34 Buffalo Law Rev., Issue 3. Please note that the newest volume of the Buffalo Law Review, which includes Prof. Ewing's article, shall be available shortly for purchase in the Law Review Office, 605 O'Brian Hall. Thanks for your kind coverage and the fine job that you and your staff have been doing on The Opinion this year. Very truly yours. Spencer G.Feldman Chairman, Buffalo Law Review ContributorsLecture Series �The Boy Mechanic Chapters have to be read in every class. Seminar papers have to be written. Your bank account is at its lowest ebb. When the going gets tough, you're apathetic. These are the bluebook blues. Exam anxiety begins in early to mid-November. (This does not apply to the anal retentives who brief every case. These people are eternally in the grip of exam anxiety; they also finished their outlines while most people were celebrating "The Bluebook Blues" pany exam anxiety. The combi- ing clothes dry are good exam- nation can be deadly. You are nervous about upcoming exams, but you are so far behind you've become apathetic. The symptoms are easy to 3) All conversation focuses on the amount of work you have to do. These "thrilling" conversations usually begin with, "Talk to me so I don't have spot: 1) You make a special trip to the library to study, but spend hours reading magazines and It takes three months of bla- tant irresponsibility to fall this far behind: five days of "work" (in between relatives, football and pumpkin pie) will not be enough. There is a remedy. Take the phone off the hook. Unplug the televison set (for some, this is from there. 4) You begin to feel guilty about having a good time. Even the most hard core party machines have become neurotic. Once alcohol fails them, 2) Any activity unrelated to law (even ones you don't nor- mally like) becomes fascinating. Cleaning your room, talking to your parents, and watch- The bluebook blues accom- vation. to study ..." and go downhill newspapers. Halloween). bluebook blues is Thanksgiving. Thanksgiving isn't a holiday; it's a mirage. People believe those five days (some can stretch it into a week, but it's no use) will be their academic sal- ples. they act desperate. The worst part of the . Kevin O'Shaughnessy they drastic measure might want to start by turning the set off and then work towards unplugging it). Lock yourself in a room, and pick a law book and start reading. If you are unsure which book to choose, pick the book that looks closest to brand new. If a book still has the cellophane on it, it a is an immediate first choice. Remember, it's not hopeless. Once a semester, this law school is the home of the world's most popular method of transportation: the Q train. Commencement Committee Questioned Howe Praises Opinion Dear Editor: to help— so what is she complaining about? Well onething I am complaining about is process. I may not have any objection to Gina being the head of the. commencement committee; I think she is not only intelligent and nice, but also an extemely capable organizer. What I object to I was, going along my clumsy way through the semester, happily using the few Here empty spaces in my insane schedule to dream about Commencement and the way I would like it to be. As the semester went on, a tiny worry began to nag at me from the back of my mind. Hmm, I thought, why haven't I seen any signs up for a Commencement Committee; it seems like one should be getting started by now... Well, before that worry got big enough for me to actively look into, my question was answered last weekwhen a survey appeared in my mailbox. Who should it be from but The Commencement Committee! What Commencement Committee, I thought. When was it formed? How was it formed? I saw Gina Peca's name on the bottom as someone to contact for more information; well that's nice, I thought, but how did Gina get on this mysterious committee? Who else is on this committee? That questionnaire sparked a lot of questions for me and also a certain amount of anger and frustration. There are a lot of things I don't understand. this world and who would have few years ago; she was excellent. I have another suggestion: must we all either wear caps and gowns or all not wear caps and gowns? Would there be is the way it was done. The other thing I am complaining about is that I do think a certain amount of harm has been done. Although perhaps no actual decisions have been made as yet, the survey has served to narrow ourfocus, particularly in regards to a keynote speaker. Once one has a list of people to choose from, one tends to choose from among that list. Once there is a list, we begin to debate the merits and weaknesses of those presented on the list, rather than thinking ofothersoutsideof the list. Several friends have commented to me already that it was easier to just check a name on the list than to try to think of someone else. Had we been presented with an open question, however, the ideas would have I from the questioning of me by vid did in his article about me in the October issue of The Opinion. First of all, he reported not to be taken for accurately granted in print journalism these days. Second, I believe he conveyed some of the spirit, or at least emphasis, that is difficult to put in print, especially as reported on my remarks about my academic work. Third, I believe that the article "reporter" Tim Burvid did a fine, fine job, and should be recognized for it. Yours sincerely,, — any problem with letting each person making his or her own choice about what to wear on that important day? Is there a reason to require conformity? Some of us doubtless care little or not at all about this graduation ceremony; others of us present its outcome. Probably not everyone will be satisfied; one way to make more people THE IST ANNUAL END OF THE SEMESTER PARTY Location: Centre House Tavern 1880 North Forest Road, Amherst (Turn right at the intersection of wants. Another way to make people happy would be to try and push Millersport Highway and North Forest) Date: Wednesday, December 4, 1985 Time: 3:30 - 7:30 Includes: D.J., All You Can Eat (Wings, Pizza and Cheese & Vegetable Spread) 600 Drafts, $1.00 Bar Drinks back the limits that have already been set on these decisions and expand the dialogue. Susan Tamar Berkow Thanks Go To Moot Court All for only $2.00 to a quick and complete recov- To the Editor: I would like to thank publicity those who made this year's Moot Court Competition an en- ery. Randy Fans: Randy, you did an outstanding job subbing for Todd on five days notice. You and your family should not only be proud of your accomplishments, but also proud of the fact that you stepped in out of friendship. I cannot think of a more noble gesture. I owe you! Moot Court Board: I want to joyable experience: H. Todd Bullard: Buddy, you literally gave your heart and soul to the competition. You are and will be an absolute pleasure to work with, and I cannot wait to see your bright smile in O'Brian. God bless, and here's — job, producing appropriate pictures and selecting one for the SBA and the Commencement Committee everyone wear what he or she asking, "Are they lawyers?" I ask, "Does it matter?" They are human beings people who try to make some sense out of P.S. Your photographer Paul Hammond also did an excellent many expectations regarding happy just might be to let few alternative suggestions: Howabout Alice Walker, author of The Color Purple, for a speaker? How about Ellen Goodman, syndicated columnist for the Boston Globe? (For those of you who are now/ Barbara Howe Associate Dean was extremely thorough, both article. care a great deal and have been flying. In an attempt to widen our focus somewhat (and, admittedly, to air some of my own preferences), I will throw out a don't understand *why we weren't all invited to join this committee from the beginning. I don'tunderstand why it wasn't advertised like anything else. I don't understand these things, and it bothers me. Probably at this point many readers' are saying, what's the big deal? What harm has been done?The committee is asking for our opinions and inviting us Dear Editor: I just wanted to let you know Mr. Burvid and in his reporting what an outstanding job I be- of same in the article. lieve that your writer Tim BurIn short, I believe that your something meaningful to say.) I heard Ellen Goodman give a Commencement address at the University of Pennsylvania a — BE THERE! thank you for running a great competition, which all enjoyed. I will never forget your fairness, support, and understanding. Various others (primarily the Section 7 "Animals"): Your support and care further solidified our already strong ties. I love each and every one of v? u - Sincerely. Jay Lippman, Class of 1987 ELS Welcomes New Members xm- maosiLY-camviP offices 9F me nwuviut urnvcRsiTY YArncs «, uttue CHHPTBR PMSWEUT HICHAM "Dick" M/vni/incMDitcrs MS UCFAKiom nsBAKcH I - \m justasi suspecreP.' prdhsso*. exact HWDeenntn's - \J EP. \7ceeUltO!Vvt ntNiQumeo Pi M wrru Hitt/tr wme HIWUWTf*.Fia- ID! THAT CAP ONLY \. . --j ~' / I f Wl havi ntbom\ a,nru editim nun nv ir n > © J? reiMTi/>/toPse-7 -*„... ~TWt/W« U DitiuisfD MAKXKT MT*I&! \ fKfsetV/triMtr ncrtior- SUVOtULY.,, I wenuu Afmsr nn-Hiumss; SAOIWAKPS, /wrTSSSV "if _r%v«*" a thih- # MMt AMtRIUNS Fβ*. TH€ ISM IN EPUCATtOH — uaues on s'<-» | *~^-^-^ J % 1%. 6" \ JUST MTI/ff, THAT IS, TO ( R£ASoNABL£MAN! ) stop youk - confound- et>'cussKgoM mon ITOKJNif EDUCATION RSOUIHtS A F/tlt A/vp I // which PMVf TflAT> u tlJ m USHr I hits Ri6«r, H£ \ LOOKIhimA Ujust TTIM ST Llk£ \ lenin! uhcu ouetsAeeA, \ wf "ammo*", sirs yit gVisl J) photos To the Editor: The EnvironmentalLaw Society is an active student group which tries to increase the level of exposure to and understanding of environmental issues in the law school. To this end, ELS sponsors movie and speaker programs which are open to all students. Members of ELS also engage in independent research projects which, in addition to providing valuable experience to the students in- /Ov V( Nv " -— HANDS OH 7UIS V r-J |\ | volved, provide much needed legal help to environmental organizations. *f'Mttst(ue SPISODf SIX.) THAT SXCHAN6S MUST unit* ec cmiusp , espsciauy by suf- RIfHTSOUS <J£A/<S UKS YOU. MS6 UP!!'. _ ELS welcomes new members. If you would like to get involved in any way, be it in research, in writing relevant articles for The Opinion, or in organizing upcoming events, please put a note in Box 194 to get on the ELS mailing list. David Matt President ELS I v V'/l (\ V V Jll MKT:BAPFAIVI*MtBUUtrSf Jack Luzier Vice President ELS December 2,1985 Opinion 9 �RAT'S MICKEY Rats bar city Mickey 3057 Main Street 836-9467 834-0505 by Kevin O'Shaughnessy On Friday nights, Mickey Rats COLE'S Cole's 1104Elmwood Avenue 886-1449 s\ Bmvid^-^y by Timothy J. Most buildings svon the Elmwood Avenue strip, in a provincial attempt to adopt a "lights of the big city" look, have single strips of blue neon lighting along their roofs, even the donut shops. While not Times Square, the Strip is an interesting place to visit by day with its shops and boutiques, and by night with its bars and restaurants. The Elmwood area is a unique part of town, although much more trendy and fashion oriented than its counterpart down the street, Allen- wings, hoarding more than their fair share of elbow room. In the back, there is a loft overlooking the bar and restaurant which accommodates the sound booth and the dance floor, keeping the "dancers" well out of the way of the already crowded bar patrons. Cole's busiest nights are naturally Friday and Saturday, with some people stopping in after New Wave night on Tuesdays at the much louder and younger Mr. Goodbar next door. Also, unlike most bars, Cole's does a great business in Thanksgiving night, Christmas night (not eve), and New Year's Day/Night. And while one patron called Cole's clique-ish, if you know a few people there. town. Also on the Strip is Buff State, whose students contribute heavily to Elmwood's activity. Unfortunately for students and bar owners alike, New York raised its drinking age yester- categorize people by looking at their clothes. It's flannel and denim versus spandex and vel- our. BRE AY day. Restaurant, Cole's at Elmwood and Forest, is not likely to be affected. The majority of its clientele are in their twenties and thirties, and al- though not outwardly a Yuppie bar, most of the people there are professionals or hope to be. They had better be since the drinks are fairly expensive. Rated one of the nation's top two hundred eating and drinking establishments nationally by Gallery magazine, Cole's has an interesting and sometimes confining floorplan. The first floor is split into two halves by a shoulder-height divider. One half is a restaurant, open day and night, and the other half makes up the bar proper. While the bar gets so crowded that it becomes obvious that personage per square foot is not one of Gallery's criteria,, the restaurant remains empty except for couples munching on chicken is a bar divided. It has its usual "beautiful" clientele: expensive clothes, perfect hair and mounds of jewelry. On a good Friday, there's enough gold to fill cavaties in all of Mary Lou Retton's sixty or seventy teeth (with enough left over for Bruce Jenner and Mark Spitz). Apparently, Mickey Rats is trying to broaden its appeal by hiring rock bands on Friday nights. It's hard to survive catering to people who drink Perrier. Personally, I wouldn't drink anything that "bubbled upfrom France" but I'm not beautiful. I have only thirty-two teeth. The introduction of Friday night rock bands creates an interesting mix. The usual "beautiful" people are invaded by hoardes of rock and rollers. Early in the evening you can . it's almost like going to Grandma's house without Grandma. Cole's hosts the Skylon Marathon each year, which in 1984 was also the Marathon Trials for the Olympics. Along the walls at the end of the bar, Swallows Corner as its known, are framed headlines depicting the triumphs of most of Buffalo's mayoral candidates. They're going to have to rename it Griffin Corners if Jimmy keeps winning. The Comics .. by Chapus rollers resembled refugees from a methadone clinic square dance. The only place the two groups met was the bathrooms. My report, due to my respect for social privacy, is limited to the men's room. Only the and rollers were either too drunk to see or too drunk to care. One of the "beautiful" people put hisbusiness card at the bottom ofeach of thethree urinals. What type of "market" was this man trying to reach? It could lead to great phone conversa"Hi, I saw your card at tions the bottom of the urinal and I thought you were my kind of guy. I want to do all my business with you." When the happy hour (two dollars all you can drink, from 9 p.m.-11 p.m.) ended, the band began to play. The room was immediately split by the music. The rock and rollers, drawn by the loud electronic sounds, migrated to the stage, while the "beautiful" people took refuge at the bar. I stood between the two groups, but I began to drift towards the stage. The band, a group called the Tweeds, was excellent, so I went with the rock and rollers. Besides, I was wearing a flannel shirt and "beautiful" people jeans. As the bar becomes more crowded, sight lines beome limited. Even this visual handicap fails to blend these two groups together. The groups arrange themselves according to hairstyle. The "beautiful" people, who invest even more into mousse than Perrier, have perfect hair. It doesn't move! Anyone caught with mobile hair is thrown to the rock and roll heathens and must trade there Perrier in for JackDaniels. The rock and rollers won the battle for the dance floor that night. The "beautiful" people were better dancers, but they couldn't take the pushing, staggering, and stumbling of the drunken denim crowd. With the "beautiful" people driven from the dance floor, the rock and checked . their look in the mirror; the rock Kw walls and ceiling are dotted with memorabilia,and the high, raftered ceiling creates the illusion of space. People are basically friendly at Cole's. People leave coats and umbrellas unattended on a coat rack, two feet from the front door. One patron lost his coat there and recovered it two days later. "They were very diligent in finding it and very courteous in returning it," said the patron, Photos by PaulHammond a Buffalo law student. The A&R Song Look at all the First Years, rubbing reddened eyes. Drinking lots of coffee and sighing lots of sighs. Outline papers scattered their world's about to end And for 1,575 we can do it all again: Chorus: In the Spring, when will it come, when will it get here? How I wish I were all done and passed the bar. If I'd known it'd be this fun I'd have been less eager To lick that stamp and send my form to A&R. Now the first semester came and went and hopefully the next Five more semesters will likewise follow too: But whadda you think the chancesare I'II be any less perplexed Than I am right now with International Shoe? — Chorus I tell my friends I'm working hard, no time to socialize. They must think I have some propriety. Yet forced to do as you and I they soon would realize That I drink in way of sheer necessity. Chorus R °y A Mura — 10 Opinion December 2.1985 - �Boyer, Meidinger Report on Env'tl Lawsuits — Buffalo, N.Y. Private lawsuits are gaining in popularity as a means of enforcing antipollution laws, two legal experts at UB Law School have advised the federal govern- ment. Barry B. Boyer and Errol E. Meidinger collaborated in a research project that evaluates environmental policing efforts by both private and public enforcers. They found, for instance, that professors Law the Environmental Protection Agency (EPA) was especially ineffective in the early years of the Reagan Administration under the guidance of deposed Anne Gorsuch Burford. It was during this same period, they further noted, that major environmental groups, such as the Sierra Club, the National Resources Defense Council arid the Environmental Defense Fund proved themselves quite successful, through court actions, in challenging environmental violations. The research was conducted for the Administrative Conference of theUnited States, a federal agency that monitorsoperations of federal agencies in general and recommends ways to upgrade operations. The 109-page Boyer-Meidinger report, titled "Privatizing Regulatory Enforcement: A Preliminary Assessment ofCitizenSuits Under Federal Environmental Laws," and recommendations resulting from it were adopted by the Administrative Conference last summer as a guide for the EPA. Noting that as of mid-1984 about 350 private enforcement court actions had been initiated, the report turned to a military metaphor to describe the current environmental enforcement situation. "The private enforcers," the report noted, "have established a beachhead and dug themselves in; but inland from the beach there are bunkers, and minefields, and opponents of unknown strength." More explicitly, Boyer and Meidinger observed, there is evidence that private enforce- ment "is creating more pres- sure on other stages of the reg- ulatory process." "Regulated firms," the report added, "are reportedly less willing to agree to stringent permit limits, and more likely to contest or delay a permit renewal, because of the prospect that of that permit will be scrutinized by private enforcers rather than sympathetic agency officials. "Thus, victory for the plaintiff organizations in thecitizen suits will likely lead them inexorably into the broader arena of permit-writing, issuance and revision of regulations, applications for variances, the functioning of state and federal information systems, and all of the myriad parts of the regulaory system where there is considerable latitude for government regulators to be stringent or lenient." Boyer and Meidinger warned that such a trend could eventually overwhelm the organizations sponsoring environmental lawsuits. In addition to vul- violations nerability to political counterattack, the law researchers suggested, the "private enforcers" eventually may lack the "resources and staying power to protect their victories from being undone." Boyer, director of the UB Law Schools Baldy Center for Law and Social Policy, explained in an interview that the U.S. Resource Conservation and Recovery Act (RCRA), the Clean Water and'Clean Air Acts, as well as many other environmental laws, authorize citizen suits, subject to filing 60 days' notice. Such suits can target regulatory agencies as well as suspected violators. Boyer and Meidinger contended in their report that 60 days is hardly long enough in most cases for EPA to clear the maze of legal hurdles and informational needs to resolve a non-compliance issue. While EPA does have the right to bar a citizen suit and bring its own action prior to the expiration of the 60-day notice, the two law professors feel that EPA may have an especially difficult time responding to citizen suits because of federal manpower cutbacks. Meidinger, whose credentials include a law degree from Northwestern University, and Boyer, a University of Michigan law graduate, are of the opinion that EPA, under present cir- cumstances, seems agreeable to allowing the courts to decide individual environmental issues. Boyer noted, "forces a decision," thereby relieving the EPA from dealing A lawsuit, with individual cases. Meidinger explained that a successful lawsuit could result in a costly civil penalty against a violator, a requirement that the violator pay all legal fees and possibly an injunction to prevent the defendant from repeating the violation. While Congress has blocked the possibility of class actions to recover damages for pollution incidents, the report pointed out, civil penalties assessed by a court are usually more costly than those assessed by EPA. The report also suggested that the federal regulatory process could encounter resentment on the part of firms continually being "dragged" into court, especially for relatively trivial violations. Boyer and Meidinger even see the possibility of "massive resistance," whereby cases are dragged out interminably in the courts. To be sure, Boyer and Meidinger are not opposed to lawsuits for settling issues after all, they are lawyers but they foresee the possibility of proliferation to a point that would affect EPA's enforcement machinery. Aside from — — EPA's resource needs in personnel and financing to keep pace, they cautioned, variations in court decisions could further muddy the waters of public enforcement. The current wave of private enforcement is traced historically in the Boyer-Meidinger re- port to the so-called bounty provision contained in the Refuse Act of 1899, a law designed primarily to prohibit physical obstructions in navigable wat- ers. The penalty section of this law, the report noted, provided that one-half of any fine imposed wouldbe paid to any person or persons who gave information leading to a conviction. However, the report added, common "informer suits" brought in later years by en- under the bounty provision were successful due to a variety of legal comvironmentalists plications. The UB law professors further observed in their report that the environmentalists' attempts to breathe new life into the old Refuse Act was symptomatic of a broad loss of faith in the competence and neutrality of regulatory agencies. The bounty provision subsequently was superseded by the more comprehensive regulatory requirements of the Federal Water Pollution Control Act amendments of 1972. Private enforcement also can be overly demanding, the report pointed out, particularly when minor infractions become the focus of major court battles. Petty cases, the report suggested, "may exceed the bounds of society's tolerance for enforcement." In keeping with their overall assessment of the current private enforcement wave, Boyer and Meidinger believe it's time for public and private enforcers to join forces to bring about a greater degree of compliance with environmental laws. The report suggests that EPA take "a more active role" in pri- vate enforcement court cases by participating as a "friend of the court," or expert witness, in selected cases to help establish legal precedents. If EPA and the Justice Department "remain bystanders to these actions," the report em- phasized, "they may find themselves saddled with long-term problems created by courts and litigants who had no real understanding of the government's perspective. "And ifthe public and private enforcers continue along separate paths on crucial issues such as case selection, penalty policy and compliance, they may succeed in discrediting each other, and further undermining enforcement." The report insisted that cooperation between public and private enforcers should include "refinementofinformation systems" by the EPA, particularly in the area of record-keeping at both the state and federal levels. If EPA is "serious about cooperating with citizen group plaintiffs," the report speculated, "it could probably make major gains in private enforce- ment." The report also takes the federal Office of Management and Budget (OMB) to task for its "reputedly stringent review of reporting requirements" under the Paperwork Reduction Act. OMB should be made aware, the report advised, that better and more comprehensive reporting by EPA to establish firm guidelines will "significantly lower federal enforcement costs." Based on the Boyer Meidinger report, the U.S. Administrative Conferencerecommended that EPA clarify its enforcement policies "to achieve better coordination between public and private enforcement." t The agency further proposed that EPA develop and make available up-to-date information on the compliance status of all companies regulated by environmental laws and a complete record of the outcome of all citizen suits and public enforcement actions. As Boyer and Meidinger see it, the uncertainties relating to enforcement increase litigation. — Cuomo Talks Facts on AIDS There are times when events move so forcefully into our lives that government must take the lead to do that which otherwise might not get done. One such event in New York State and around the nation is the growing concern about a disease called Acquired Immune Deficiency Syndrome, or "AIDS". Much has been said and written about this disease, but many people remain uninformed or misinformed. Too many people continue to put themselves at risk of contracting the virus, unaware that their behavior may lead to their ' rF ' — The Falling of the Green Grass Steel abounds, there, among the lonely stretches of our emptiness Constructedpyramid-like. Without aesthetic feel. Feel? Those men in black top hats and white shoes don't feel. The building of the steel towers, And the falling of the green grass. a> And the children starve m\Nevertheless. ~ Ifr tnV deaths. Too many others see risks that don't exist. This is exactly thekind of situation where the people need their government the most to lead, to educate, to act reasonably. The state has both the ability and the duty to give the public all the facts about AIDS. We have an obligation to inform our citizens of exactly what the dangers are, what precautionary steps should be taken, and to correct misconceptions. Right now, in the battle against AIDS, education is our only vaccine. New York State has taken an — —Zoran Najdovski ' active role in the dissemination of information about AIDS. The State Health Department has sponsored a comprehensive statewide educational program directed primarily at those who are at risk of acquiring AIDS and at occupational groups that come in contact with the victims of the disease. Additionally, we have compiled a list of 100 questions and answers about AIDS. The booklet contains the best and most up-to-date informationwe have about AIDS, and I believe it is the first document of its kind compiled by any state for public distribution. The booklet covers every major facet of the subject including a section on human rights issues. An extremely important section of the booklet tells people how to reduce the risk of contracting AIDS. But keeping people properly informed about a disease is not enough. We must also work towards a medical cure for this terrible illness. New York State was the first state in the nation to allocate money for AIDS research. In 1984 we designated $5.1 million for AIDS research even Governor Mario M. Cuomo and State Health Commissioner Dr. DavidAxelrod announce a statewide public education campaign on AIDS. while we were balancing a state budget which faced a $1.8 billion deficit. In this year's budget, we allocated an additional $2.7 million for research on AIDS. AIDS is not a political issue. It is a serious health threat, and it drastically affects the lives of thousands of people homosexual and heterosexual, children and adults in our state. While our highest priorities remain prevention through education and investment in research to find a cure, we must shoulder our collective responsibility to offer AIDS victimes the assistance and health care they need. Much is being done now, but existing programs are under — — great strain as the number of AIDS patients increases. We will establish a numberofAIDS primary care centers which will provide and organize treatment and care for AIDS patients. New York State is determined to do its part in fighting AIDS through education and research, and through treatment of AIDS patients. You can do your part by obtaining and reading a copy of our booklet "100 QUESTIONS AND ANSWERS ON AIDS", by writing to: AIDS, Box 2000, Albany, N.Y. 12220. Or call toll free, 1-800-462-1884. Or you may see a copy of the booklet onreserve in the UBLaw Library under The Opinion. December 2,1985 Opinion 11 �MOOT COURT continued from page 1 Terry Richmond is clerking for him this semester as part of her academic schedule, and so he thought it would be improper for him to participate in the Winners Margot Bennett and Nancy DeCarlo. judging. This year's problem dealtwith the First Amendment rights of news reporters to protect the confidentiality of their sources, as well as the constitutionality of anti-homosexual sodomy statutes. "Dale Hastings," a hypothetical reporter in the hypothetical state of "Huxley," printed a story on homosexual practices among members of the local police department. Gay police officers are in violation of both a state sodomy statute and departmental conduct guidelines. A police investigatory commission wants Hastings to re- veal his source of information. Hastings not only refuses, but seeks standing to overturn the sodomy statute as a violation of equal protection. The Moot Court panel judges acted as the United States Supreme Court in a review of the case. The 61 participating moot court teams of two students each worked together in writing, a brief. In the oral arguments, one team member argued the confidentiality and standing issue, while the other tackled (and constitutionality the proper constitutional test) of the sodomy statute. Eight teams were selected to enter the quarter final oral argument rounds based upon their Best Oralisl Elyse Lazanski. brief score and their combined score from the three preliminary oral argument rounds. The quarter finalists teams included Cindy Fenichel and Andrew Winston, Paul Karp and Jay Keningsberg, Robert Schnizler and Peter Abdella, and Jay Lippman and Randy Fahs, who was substituting for the ailing Todd Bullard. The semifinalists teams were Stephen Pigeon and David Platt, and Ken Marvald and Roseann Eimer. While only one of the participating teams emerged as eventual winner, all participants agreed that the competition was a remarkable educational experience. Over four hundred local attorneys volunteered their services to act as ... panelists, many of whom participated in moot court when they were UB Law students. Attendance by panelists was especially heavy on the first night of oral hearings on Monday, November 4. Some teams faced as many as six or seven judges, who grilled the oralists in the finest Kingsfieldian tradition. It was fortunate that there were extra judges available on this night, since some judges left early when O'Brian, Baldy and certain other buildings on the Amherst campus suffered a power blackout minutes before thesecond round of arguments Runners-lip and Second Best Brief Terry Richman and Mary Ann Bobinski at 9 p.m. In a heroic feat of organizational skill, the Moot Court Board managed to relocate nine hearings from O'Brian and Baldy Halls to the unaffected Clements, Jacobsand Bell Halls by 9:30. All participants acknowledged that Bill Daly and the Moot Court staff did an outstanding job in creating an interesting and legally relevant problem, and in running the incredibly complicated contest. On Saturday night, Nov. 9, the Moot Court hosted a banquet for 190 participants at the Holiday Inn on Niagara Falls Blvd. The banquet was funded by the UB Law School Alumni Association. In a final technical irony, the Holiday Inn suffered its own power outage shortly into the evening due to the excessive rain during the week. The cocktail hour was extended and extended the management eventually offering half price on drinks. The awards were presented before dinner, rather than afterwards, as is usually the case. Power was restored just before 10 p.m. and dinner was served soon thereafter. By the time the banquet was over, people were in a crazy mood, and several unorthodoxawards and presentations were featured at the podium. As an interesting footnote to this year's problem, the real United States Supreme Court has granted certiorari to review the question ofthe constitutionality of sodomy law in Bower v. Hardwick, one of the central Court of Appeal's decisions in this year's contest. Third Best Briefand QuarterFinalists Robert Schnizler andPeter Abdella. Abdella was also Fifth Best Oralis!. — Quarter Finalists and tied for Fourth Best Brief Cindy Fenichel and Andrew Winston. Winston also was Third Best Oralis!. Analysis Second Best Oralis! Julie Bargnesi Stmi-Finalist Team Km Marvald and Koseann Eimer. by Peter Scribner The following is a personal analysis of the oral arguments as I saw them. I did not participate in the contest this year, and so was only generally familiar with the questions presented. This I think was an asset since, like the panel judges, I heard the arguments from a fresh perspective. Of course, only the panelists know what they thought were the good and bad points of each side's presentation, so my observations may well have nothing to do with why the judges decided the respondents won. About 150 people braved a cold and rainy Saturday afternoon on November 9 to listen to the arguments of the final round c. mo Desmond Moot Court Competition in the Moot Court Room. Terry Richmond and Mary Ann Bobinski represented the petitioner, reporter Dale Hastings, in this round. Opinion December 2, 1985 12 and therefore were the first ones up. Margot Bennett and Nancy Decarlo, as representatives of respondent, state of Huxley, followed. Each had 15 minutes to present her position. Tiedfor Fourth Best Brief Jack Luzier and Jennifer Sanders. Richmond spoke first and asserted the reporter's right to protect his sources of information and his standing to challenge the constitutionality of the sodomy statute. Although understandably nervous, she spoke in a strong matter-of-fact voice. She was explaining, rather than lecturing, her positions to the panel. I thought she did an especially good job with the almost indefensible standing issue. She was followed by her partner, Mary Ann Bobineki, who contested the constitutionality of the state's sodomy statute. One informedobserver told me that she was probably the best briefed participant in the con- Moot Court Executive Board (I. to r.) Gary Winters (Treasurer), Rita Gytys (Secretary). William P. Daly (Director), Howard Herman (Asst. Director), and Faculty Advisor Thomas E, Headrick. i%ot* by Plml F. Himmoml test. Unfortunately, as I saw it, she made several mistakes. Bobinski's voice was almost a monotone; other observers told me they thought she was putting the panel to sleep. At one point, Judge Desmond continued on page 13 �Moot Court Analysis continuedfrom page 12 gently requested that she not read from her notes but talk directly to the Court. Perhaps most significantly. Dean Schlegel questioned her on the difference between the statute in question and a New York State sodomy statute found unconstitutional by the Court of Appeals. She stated that unlike the New York statute, the Huxley statute prohi- bited "deviant sexual intercourse" only between persons of the same sex. "It doesn't say that on my copy of the statute" Schlegel. Bobinski replied merely reasserted her position. After an awkward pause. Judge provoked general laughter by stating that "we can take that for granted" and got Desmond her off the hook. But in fact, Schlegel was wrong and Bobinski was right. In the definition portion of the statute, "deviant sexual inter- wrote their original brief. Having argued so forcefully in their sex. Had Bobinski cited directly to the statute she would have quickly disposed of the matter, rather than leaving it awkwardly unresolved. She also spent much of the time attacking the justification of the statute as an anti-AIDS measure, drawing too much attention to this point, in my opinion. Bobinski didn't utilize the argument that the original intent of the 90-year-old stajtute had nothing to dowith AIDS, a point emphasized by the panel judges in questioning the respondents. Perhaps as an indication of nervousness, she finished four minutes early. Respondents Margot Bennett and Nancy Decarlo started the final round with an important handicap: they were "off brief." This meant that they were arguing the opposing position of the one they chcJse when they Toxic Waste Facility * continued from page 3 from across the state would be transported here. This would include highly toxic material produced at the Union Carbide Plant in Orange County. Establishing West Valley as ... course" is described as sodomy between persons of the same brief for a side that is emotionally appealing from a civil libertarian viewpoint, it was very difficult to argue the opposing position under the pressure of a final round. Bennett argued first on the same issues addressed by Richmond. Following Bobinski's low key presentation, Bennett seemed to wake the panel up with the forceful defense of her position. During the rounds, many Moot Court participants had become so paranoid from the shower of hostile questions fielded in the oral rounds that they had failed to recognize a friendly question. Bennett suffered no such problem. At one point. Judge Jasen asked why the question of the constitutionality of the sodomy statute was involved in this case at all, since the central issue was an attempt by the ... It may have been that, as an off-brief advocate, she simply didn't believe what she was saying, and therefore found it impossible to defend them.She was also hampered by an inherent weakness in the State's position, at least as seen by the finalist panel. The State is probably best off defending the sodomy statute as an anti-AIOS health action, but panel mem- fending them. For example, she stated that gays were not politically powerless in today's society,, and that being gay was not an immutable characteristic. She used these two contentions to support her assertion bers repeatedly questioned the pre-AIDS justification of the 90- that the "rational basis" rather than the "strict scrutiny" standard was the proper test for review of the statute's constitutionality. However, she merely repeated these assertions, which I thought were hardly self-evident without explaining why they were so. FSRB temporary and possibly permanent storage of toxic nuclear waste. This would again mean exposing the citizens of Western New York to transportation, storage and, if history repeats itself, leakage of radioactive material into our ground water the temporary storage site would make it very easy to develop it as the permanent storage site since the state would already have a facility that is licensed and approved; the "foot-in-the-door" theory. Since there are no guarantees that the permanent facility is above ground, there might be further burial at a location that has been plagued with problems. Since that initial proposal, various bills have been drafted to address New York State's "low-level" waste problem. However, the primary concern of many local nuclear waste activists has been proposals to reopen the West Valley site for Police Department to depose one of the reporter's confidential sources. She simply replied "You are exactly right, your Honor." Nancy DeCarlo, like her petitioner counterpart, had more difficulty with the constitutionality ofthe sodomy statute. It seemed to me that she merely asserted several positions without explaining or de- and air. The Coalition on Nuclear Waste at West Valley has proposed alternatives to the Governor's bill. These include establishing two or threeregional sites for temporary waste storage. Nuclear power facilities at the Fitzpatrick sjte near Oswego and the moth-balled Indian PointOne Plant are now being expanded to include low-level storage facilities that could in turn be expanded to accept non-utility waste. Regional sites would reduce the transportation of waste across the state and would not encourage or facilitate establishing the permanent facility, at ... -year-old statute. DeCarlo was forced to contend that, independent of pro- tecting health, the state legislature possessed the constitutional authority to pass the statute in order to regulate public morality. Like Bobinski, DeCarlo finished her persentation several minutes early. The panel judges awarded the contest to the Respondents in what they described as an extremely close score. continued from page 5 West Valley. The final version of the radioactive waste bill isfar from certain. During the past several months, we have seen numerous changes and revisions. Some have been viewed as positive by local waste activists, where appropriate, in accordance with the faculty's Stan- dards for Academic Dishonesty Cases. A copy of the final decision of the FSRB shall be furnished to the person or persons suspected of academic dishonesty, the person or persons making the allegation, and to the Dean for such action as may be indicated. but many changes have not been well received. It now appears that West Valley may be reopened if other alternatives are not deemed "reasonable." For many citizens who have' been working for years to close and keep closed the West Valley 8. Faculty Review Within ten business days of receiving the FSRB's final decision, the person or persons suspected of academic dishonesty may request the Dean to have site, any reopening is unaccept- able. More drastic efforts such as civil disobedience are being planned if compromises cannot be reached. For further information or participation, contact the Environmental Law Society in room 7 of O'Brian Hall or leave a note in my box, #61, in the mailroom of O'Brian Hall. A the entire law faculty review the FSRB's report. Faculty members of the FSRB who were involved at earlier stages of the proceeding may participate in the faculty's discussion of the matter but shall not vote. After due consideration the faculty may affirm, reverse, or modify the FSRB report in whole or in part. Upon completion of the faculty's review, a report of its action shall be made by the Secretary of the Faculty and given to the person or persons suspected of academic dishonesty within 14 business days. Such report shall be the final decision of the faculty, and shall be forthcontinued on page J PASS WITH PIEPER RUNS THE EXTRA MILE FOR YOU! Pieper gives something in addition to what is due, j S gKIS s = in a Bar Review Course. This extraordinary effort m makes the difference. leaving nothing to chance. Doei hli perional approach work? Don't take our word aik our alumni. For more information contact - your Pieper Representative or Pieper New York-Multistate Bar Review, Ltd. 90 -1 Vm W John Plap*r will guide you through that difficult period, Willis Avenue, Mineola, New York t«~] *^% expected, or customary The Pieper lemlnar li now the "hot" bar review court* In New York. Pieper orgonliei and tummarlzti the law you n**d to pan the Exam without bulky, hard-to-read booki. 15 telephone: (516)747-4311 11501 (516) 747-4311 LIMITED ENROLLMENT ossM §|BfP VW^^ tIH PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 Jl £2 Hi MB December 2. 1966 Opinion 13 �_ ta/fcn • . ■ BAR REVIEW BAR/BRI NOVEMBER DISCOUNTS NY, NJ, MASS, VT, CT, NH, ME | SAVE $150 WITH A $75 REGISTRATION FEE SAVE $200 WITH A $100 REGISTRATION FEE BAR REVIEW The Nation's Largest and Most Successful Bar Review. 415 Seventh Avenue, Suite 62, New York, New York 10001 (212)594-3696 (914)684-0807 (201)623-3363 (516)542-1030 160 Commonwealth Avenue, Boston, Massachusetts 02116 (617) 437-1171 • Opinion December 2,1985 14 • • | �Two L. Sec. II Team Wins U.B. Flag Football Championship On the wet and rainy Saturday afternoon of November 16, Two L. Sec. II defeated a tough Medical School team, by the name of Bridge Abutments, 13 to 12 to capture the Conference Championship in University Flag Football. Two L Sec. II knew that they would have their hands full, as Bridge Abutments finished second in the entire University last year. However, Quarterback Rick Resnick. set the tone of the game early. On the first play of the game, Resnick rolled to his~teft, saw daylight, and began streaking down the sidelines. As a Bridge Abutment player approached, what would normally happen for those of us who know and love Resnick is that he would skip out of bounds and avoid the contact, but this did not happen. Resnick lowered his right shoulder and punished the Bridge Abutment player. Once the rest of Two L. Sec. II got over the shock of Resnick's action, it inspired them. Both teams were a little tight in the first quarter and there was no score. However, at the beginning of the second quarter. Two L. Sec. II began to roll. Through a combination of passes and running. Two L. Sec. II was able to get to the Bridge Abutments' 30 yard line. On third down, Resnick dropped back to pass, he looked to his primary receiver (Joel Schecter) who was covered, and then looked to his secondary receiver (Mike Herb), who was, you got it, also covered. Then Resnick spotted Brian Bornstein sneaking off the line and fired a strike to him. Bornstein caught the ball, picked up a beautiful block from Mike Herb and scooted into the end zone. Continuing in his tradition, defensive back Tony Cutry immediately ran on to the field. Two L. Sec. II had struck first. Defensive Lineman John Formica would say after the game thatthat was the big TD. It broke the ice and shifted the momentum our way. At halftime, the score read Two L. Sec. 11-7, Bridge Abut- Medical Team Defeats Law School In Intramural Soccer League Playoff by Paul W. Kullman The UB Medical School upended the UB Law School, 2-1, during first-round action in the intramural soccer playoffs on Sunday, November 17. The victory by the "Doctors" avenged an earlier loss to the "Lawyers" during the third game of the season. Third-year student David Fell scored the lone goal for the law School in the first half, after it had fallen behind 1-0. The score remained tied until the Medical School scored what proved to be the game-winner on a penalty kick with approximately 10 FSRB. . . . . with implemented where . and everyone really worked hard." And for good reason. Shapiro said that while she had about 20 people sign up for the team, most of the time only eight or nine would show up for a game. Despite this fact, the team rat- tled offfive straight victories to ne- *•••'• cessary by the Dean, in accordance with with Standards for Academic Dishonesty. i i minutes to play. Law School Player/Coach Evan Shapiro, although disappointed with the loss, was pleased with the team's performance throughout the year. "I'm impressed with the entire team," she said. "There were never any personality conflicts I'tmtinued'from paw IJ 9. Appeal The person or persons accused of academic dishonesty You'll «ct first hand experience in the courtroom ri»lu from tlie sum. In three years, you could handle more than .i.OOO cases in a wide variety of subjects from international to contracts to criminal law. If you think you have what it takes to be a i _._. start the season, and eventually finished at 6-2. "We usually played on a smaller field, so we were able to get away being short a few people," Shapiro said. "Our strategy was to give certain people specific defensive assignments and then put Dave Fell up front and try to get the ball to him." That strategy seemed to prove effective, as Fell wound up as the team's leading goal-scorer, and the Law School squad finished the regular season tied for first place in the eight-team league. may appeal the final decision of the faculty to the President of the University, where appropriate under otherwise ap- plicable University procedures. Marine Corps Officer and lawyer, talk with the \UuitK Corp* OKcer Selection Officer when he visits your campus. More than IW.OOO Murines could use your service. H.3VG ~L */i/l/l/l/l CUCtttS \ 190,000 K^,*,*, - */«JSS? i Two L. Sec. IIfootball learn battles the elements as well as their opponents ments —0. It seemed Two L. Sec. II was adjusting well to the loss of their starting offensive line of Keith Fabi, Phil Zickel, and Bruce Hoover. Instead Kevin O'Shaughnessy, Will Zickel, and Brian Bornstein filled in and were doing the job in- side. Two L. Sec. II kicked off to start the second half and the Bridge Abutment's 30 yard line, ball 97 yards for the TD. The extra point attempt was blocked on an excellent play by Mike Herb. Two L. Sec. 11, show- The Bridge Abutment QB out the signals, he looked left, he looked right, and then the ball was snapped. He barked dropped, you guessed it, he then looked left, but rolled right. He spotted an open receiver in the end zone and began to throw to him. Out of nowhere. Two L. Sec. 11, outside linebacker Rick Resnick blocked the pass. Time ran out and Two L. Sec. II brought the conference championship back to its proper place, to the building of O'Brian ing its character, immediately Hall. came back on a beautiful Resnick to Schecter bomb covering 72 yards. The extra point was missed and the score stood 13 to 6inTwo L. Sec. ll'sfavor. Both teams battled each other the rest of the half. Bridge Abutments mounted a drive and scored a touchdown with only a minute left on the clock. It was now 13 to 12 and the cru- Two L. Sec. II now enters the University Championship Series to be held this week. All inquiries as to the time, date, cial extra point attempt coming up. and location of these games can be directed to The Opinion office, which is located at 724 of O'Brian Hall. Finally, Two L. Sec. II would like to thank Rachel Roth and Aleccia LaCapruccia, for braving the elements of the weather and rooting the team on. Legal Methods Hyman said that Garcia "added a great deal to the class atmosphere" and will be missed. "I think most people around here found her an enormously effective person and will be sad to see her go. It will be a real loss. She did a fantastic job with recruitment and keeping the Program ongoing." Hyman added that he hopes Garcia would reconsider resigning come next Spring. But, for now, Garcia intends .•• continuedfrom page I to resign and hopes the process of replacing her goes smoothly. She said that she would like to be on any search committee which may be organized to find a replacement. Ramos emphasized that minority students should get involved in the search and help identify minority candidates. He stressed the need to find someone who is both "competent and has some sense of identity with the Program." Grants to Attend Conferences NOTICE The Budget and Program Review Committee will consider applications from students for travel grants to attend a symposium or conference on topics directly related to the on-going academic program at the Law School. Applications should provide (1) a statement (no more than two pages) which identifies why the applicant wishes to attend, how the attendance and information to be obtained will relate to an on-going academic program; what theapplicant will do upon his/her return to share the benefits with theLaw School and/or wider academic community, (2) a conference brochure orotherpublicity information and (3) a budget. The Committee will make grants (at least some of which will be reserved for the spring semester) of up to $200 during academic year 1985-86. Travel in 1985-86 prior to an award will be reimbursable if the proposal is later funded. For fall semester, applications should be submitted to the Dean (Room 319) by December 2,1985. Spring semester applications should be submitted by February 15, 1986. /■br more information, contact: LT. JOSEPH T. COOUCAN Officer Selection Office, U.S. Marine Corps (716) 846-4911 /4913 . The last issue of The Opinion for the fall semester will be published on Wednesday, December 11. The deadline is Tuesday, December 3. December 2. 1986 Opinion 15 �The Solid Foundation... Josephson/Kluwer's written materials through Law School and through the Bar. \ Blueprint for Success \ \ \ \ The basis for any complete Bar Review Course is the written materials. Compare ours to any others and you'll find: \ \ \ Pride otAuthorship Josephson/ Kluwer's faculty of outstanding Law Professors is associated by name with the Law Summaries. Personal accountability and pride of authorship keep our Law Summaries current, accurate and of the highest quality. . , JOSEPHSON/KLUWER BUFFALO REPRESENTATIVES Stuart Adler Lawrence Basel Evelyn Gawronski Pam Neubeck Dennis Ng Elaine Pers Martha Post L David Brown JoeCallery Phil Chamot Garel.ck Jeff G.bb Gunn.son EveynGurdin Nancy Holtby Rose-Ann Landau I Eric Chester Irene Fassler Tim McEvoy Fern Merrenstein CarolGiarrizzo Bonnie Mettica Howard Berman JuheBrett L Maryellen c Intelligent editLaw Summaries and rf summarization make the Josephson/Kluwer Summaries most CQncise and comprehensive bar exam aids , Z edmng ~. selective msures th Y ur ■ .. ~ ava.lablejhis f ed° and not squande MarcyScher Scott Sciumeca Anthony Torres S hat ; ; conee P ts and P P |es Michelle Palmarie nnci maximum attention. Capsule Outlines Each substantive Law Summary has a separate, very concise, capsule outline which performs three major functions: a) it provides a structural overview of the area. ) b) it is a detailed index to the Law Summary.- c) it is a review ■ ■ checklist of definitions, rules and concepts. , - , / I ,estab,e rece,ve / / fcL ■ fundamental principles of law. analyses. Internal Review Our Law Sum maries feature internal review / Josephson/Kluwer Eastern Regional Office (212)505-2060 (800)253-3456 Opinion December 2, 1985 16 assure retention of the most ' Past Bar Questions The con textual analysis that is required for effective issue spotting is supplied by a selective series of essay questions and suggested ■ MMsr JIGs {Josephson Issue Graphs) These unique visual study aids / ' Ikm. .„. Josephson/Kluwer National Headquarters (213)558-3100 (800)421-4577 problems at the end of each major section to assure comprehension. memory retention and ability to apply the information learned. By dissecting testable issues and principles from all past bar exams, the questions have been carefully developed to assure the student of fMU$j on JtsuM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-12-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/2/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:54:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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Professor Ewing has spent the past several years doing research and writing on predictions of dangerousness, research which stems from an interest in violent behaviour. Some earlier work concerned the use of predictions of dangerousness to determine whether to impose the death penalty. His current research steps away from predictions of violence to deal with how the law should treat battered women who kill their tormen- tors. Since these women do not fit the pattern of self-defense killings, Ewing suggests that "there is a need for a theory of psychological self-defense" which could be applied to these cases. He has not decided whetherhis writing will take the form of a book or an article, but he predicts it will be rather controversial. The research which prompted Ewing's law review article, however, deals with the detention of juveniles pending trial and without any proof that actually committed a crime. It is a subject which "bridges the gap" between the Criminal Law and Juvenile Law courses which Professor Ewing teaches. Wednesday night's discussion centered on the Schall v. Martin case, a case which challenged the New York juvenile detention law. That law, section 320.5 (3)(b) cf the New York Family Court Act, provides that ted. The judge needs only to predict "that the juvenile will commit any crime for which the state has established a criminal penalty." Ironically, the judges who make the predictions are making them only about juveniles they "an alleged juvenile delinquent may be detained... in a juvenile detention center before trial, even before a finding of probable cause,.if the judge believes that there is a serious risk that before her next court appearance she will commit any violation of the New York Penal Law." Mr. Ewing points out that the .. Profesxor Charles Ewhix Photo Credit: Paul F. Hummond law is fraught with injustices and ironies, even though juveniles are nowhere granted the same kinds of rights as adults. In New York State a juvenile can be locked up on the mere suspician that he committed a crime. No proof or even probable cause is necessary. There is also no requirement that the crime the juvenile is charged with be a serious one, or that the risk being protected by detaining the juvenile is that a serious crime will be commit- who have committed less serious crimes. Older juveniles, aged 14and 15, who commit the major offenses such as murder, rape or arson, are tried as adults, and for adults there is no pretrial detention law. Thus the only juveniles who will be detained before trial are those either very young or who have committed less serious crimes. As Professor Ewing points out, New York provides for the dentention of status offenders, "Persons. In Need of Supervision" or "PINS," who have committed no crimes at all. While every state has juvenile pretrial detention laws. New York is unique in that ithas "absolutely no safeguards," such as proof beyond a reasonable doubt, built into the statute. One question in particular which concerns Professor Ewing is "Can family court judges, or anyone else, accu- rately predict future criminal conduct or dangerousness?" He answers with a firm and resounding "No!" With the help of various charts which analyze statistical and clinical predictions of dangerousness, Ewing addresses the problem of the reliability of those predictions. In the studies just dealing with juveniles, the number of "False Positives," those predicted to be dangerous but whose behavior proves not dangerous, is as high as 92.6% and never better than 52.1% of those labeled dangerous. On the average two out of every three predictions of dangerousness turn out to be erroneous. It is practically impossible, therefore, for a family court judge with very limited resources, and usually wihtout the benefit of an interview with the juvenile in question, to accurately predict whether or not that juvenile will prove to be dangerous to himself or society before his next court appearance. The courts in Schall v. Martin were provided with many of the same statistics as presented by continued on page 2 THE OPINION V01.26 No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 13.1985 SBA Restores Axed Funds to Opinion's Budget; Rejects Motion to Review Matter One Week Later by Peter Scribner In a dramatic reversal of one of its most controversial deci- sions of last year, the student Bar Association voted on October 28th to reinstate $1,000 of funding to The Opinion. One week later, on November 4th, it was asked to reconsider the matter, but declined to do so. Last Spring, in an extremely controversial and close vote, the SBA reduced the level of funding recommended by its Finance Committees for The Opinion's 1985-86 budget by $1,000 in order to punish the newspaper for its editorial performance. At the October 28th meeting, the SBA reversed that decision and reinstated the full $1,000. One week later. Presi- dent Lori Cohen asked the SBA to reconsider whether it was fiscally sound to reinstate the entire $1,000. The SBA voted against reconsidering the reinstatement. The origins of this compli- cated' and sometimes emotional dispute date back to last year's editions of The Opinion. Some students believed that the newspaper was treating certain issues and individuals unfairly; that the editors slanted the handling of political and social issues to reflect a conservative viewpoint not shared by the majority of law school students; and that an organization funded heavily by student activity fees should be more accountable to the student body. In the Spring 0f'1985, The Opinion, along with all student organizations, submitted its request for funding for the following year to the Finance Committee of SBA, requesting $6,700 for printing costs. The Finance Committee reduced this figure, and recommended that The Opinion be given $6,100 for printing. At the final SBA meeting of the year, all funding recommendations from the Finance Committee for the next year were acted upon. According to the minutes of this meeting (called the "budget meeting"), two SBA members moved that the approved printing allocation for The Opinion be cut by $1,000 "because of their personal attacks on individuals, lack of accountability, liable (sic], large budget, abuse of discretion and lack of representation of the student body. It was agreed by everyone involved that the motion was made to punish The Opinion for its conduct last year, and not due to any suggestion that the recommended allocation was excessive. The incoming Editor-in-Chief, Victor R. Siclari, ganized until after the October 28th SBA meeting. Since the SBA had directly allocated funding for three other entities at its previous meeting, it agreed to consider The Opinion's request directly on Octooer contended that the new edito- Managing Editor Jeff Stern formally requested that the funds be reinstated by reading a five page statement outlining the newspaper's position. According to Stern, "|a] new editorial board is being forced to pay for what the old SBA perceived as the shortcomings of the old editorial board. Plainly this does not make sense. Currently, only one of The Opinon's eight various editors remains All from the previous board of us share a deep commitment to putting out the best possible rial board should not be punished for the sins of the old staff. The motion was passed 10 to 9. Shortly thereafterwards, five SBA directors resigned on the spot in protest of "the censoring of The Opinion." This fall, the editors of The Opinion were determined to seek reinstatement of the cut funds. At the first SBA meeting in September, Siclari was told to take his request for reinstatement of the funds to the Finance Committee. However, The Finance Committee was not or- 28th. ... student newspaper; one which covers the broadest range of Search Committee Invites Candidates The Law School Dean Search Committee has invited three candidates to interview here in the coming weeks. The names of the candidates, their respective positions and the tentative dates of theirinterviews are as follows: Clinical Supervisor and Lecturer November 25,26 Louise Trubek in Law, University ofWisconsin Law School Professor ofLaw, University of Lee Teitlebaum December 3,4 New Mexico Professor of Law, Associate December 10,11 Bill Simon Stanford University Students will have the opportunity to talk to the candidates and are encouraged by the Search Committee to do so. Watch for the exact dates and times of the interviews. ___^_ news and events relevant to our law school and one which provides a forum for a panorama of students viewpoints on various topical and legal issues." Stern indicated the wide range of articles which have appeared in the first two issues and said that the paper plans to continue the diversity in upcoming editions. Stern stated, "The new board believes that SBA and The Opinion must cooperate with each other more than they have in the past.. The bitterness that existed between the two organizations last year was a fruitless waste of time and clearly not in the best interests of the law school. The SBA must realize, however, that it is a vital principle of democracy that a newspaper must be free to comment on and analyze important issues which affect its readers." President Cohen read from the minutes of last year's budget meeting to fill in those who were not present as to how and why the funding cut came about. Siclari stated that The Opinion was only printing every three weeks now rather than every two weeks, and was the case traditionally, due to the funding cutback. He said that with the $1,000 reinstated. The Opinion would produce two more editions this year than had been planned. Several persons present pressed the editors to explain why the full $1,000 was still continued an pane 2 �Prof. Ewing Lectures on Dangerousness ... continued from page Professor Ewing. Given that information, dissenting judges argued thatthe juvenilepretrial detention law violated due process "because it is virtually impossible to predict future criminal conduct with any degree of accuracy." At the Supreme Court level, however, that argument was rejected because. Justice Rehnquist contended,, "From a legal point of view, there is nothing inherently unattainable about a prediction of future dangerousness." Justice Reh nqu ist triedto justify the statute by suggesting that "children are always in some form of custody anyway." The unfairness of the juvenile pretrial detention law can be rationalized, according to the Supreme Court, because it "protects the community from crime and the juvenile from the consequences of her act," and the benefits to society far outweigh the "liberty interest" of juveniles who are "protected" by the law. Professor Ewing foresees dangerous implications, beyond the injustice of the erroneous deprivation of liberty, in a law that says juveniles may be detained "not for what they have done, but what they might do in the future." He likes the scenario to some of the absurdities which are presented to Alice in Lewis Carroll's Through the Looking Glass. At one point Alice is met by the White Queen who expounds upon the joys of "living backwards." The King's Messenger, for example, is "in prison now, being punished; and the trialdoesn't even begin until next Wednesday; and of course the crime comes last of all." Alice questions the fairness of punishing someone for a crime he has not committed, but the Queen reasons that if he never commits the crime, "that would be all the better." Proponents of the juvenile pretrial detention law echo the backwards Queen in their reasoning; they even suggest that detention on the basis of what might happen is not punitive but "regulatory." But the deprivation of freedom based solely on a hunch is punishment. Professor Ewing reviewed some rather disturbing theories on reform for the juvenile justice system. One story, which was proposed to the Nixon administration, would require "mandatory mass screening of all children between 6 and 8 years of age." Those predicted to be dangerous would be sent to camps where they would be reconditioned. "To date," Professor Ewing notes, "no statutes of this sort have been enacted, yet there are clear indications that compulsory intervention in the lives of youngsters predicted to become delinquent is very much on the minds of the legislators. As an illustration of this SBA Restores Opinion's Funds continued from page I needed despite the fact that a couple of months of the school year had already passed. They wanted to know why the reinstated funds shouldn't be reduced pro-rata for the time that has already passed in which The Opinion operated under a reduced budget. Siclari replied that expenses vary throughout the year due to differing sizes of the newspaper, and that the best estimateof the cost of adding two more additions is $1,000. The discussion at the meet- ing followed two slightly different paths. Some members felt strongly that the decision last year to punish the newspaper by cutting its budget was simply wrong, and should be reversed as a matter of principle. Others believed that the previous decision may or may not have been wrong, but it was a fait accompli, and that any new request to increase The Opinion's approved funding should be examined de novo in an new budgetary proceeding. Finally, a motion to reinstate the $1,000 in full was approved 16 to 0, with two abstentions. The money came from unallocated funds, leaving about slloo in that account. As is usually the custom, Cohen, as the chair, did not vote. But during the following week, sheasserted that theSBA has acted too hastily in approving a full reinstatement of the cut funds without considering the actual needs of the newspaper and other potential uses of unallocated SBA money this year. On November 1, she sent a memo to all SBA members stating that "... I wholeheartedly agree with the vote concerning The Opinion—l too think they should print every two weeks instead of every three weeks. Whether it is the place of this year's [SBA] board to say what happened last year was wrong is most definitely left open to debate. However, the vote gave an organisation almost 50% of the unallocated line without a showing of need from the organization. I do not want to take money away ... . from the newspaper. I think we should require the Finance Committee to conduct discovery as to how much the newspaper actually needs. The sum left in theunallocated fund leaves little flexibility for this board to offer new and innovative services to the student - ... body." She recommended that the matter be reconsidered at the next meeting on November trend, Ewing referred to a U.S. Senate Subcommittee hearing on juvenile justice. The questions addressed were not whether to intervene, but "at what point to intervene on a nonvoluntary basis" in order to take predicted delinquents "out of the crime cycle." Ewing points out that no legislature, state or federal, has yet chosen to take the drastic step of compulsory intervention. But he also reminds of the important issues introduced in Martin: that it is possible, "from a legal point of view," to predict future dangerousness; that detention would be regulatory, notpenal; that society has a stake in this kind of detention; and thatsociety's concerns far outweigh the "liberty interests" of the juveniles who are being "regulated." Professor Ewing expresses dismay that legislatures will probably respond to Martin by "authoriz[ing| coercive state in- more, other studentneeds may requrie funding from the unal- Cohen stated that since time located line, which was now reduced to $1100. Jerry O'Connor, SBA Treasurer and head of the Finance Committee (and last year's business manager of The Opinion) agreed, and in a reversal of the position he had taken the week before, recommended that the matter be returned to the Finance Committee to calculate a proper increase of funding. But others claimed that all thishad been discussedand decided the week before. Siclari complained that The Opinion was being singled out for reconsideration of its authorized budget since no other organization was being reviewed in order to increase unallocated funds. He also noted that the Finance Committee last spring recommended a total of $900 of unallocated funds for this year, and that even after Besides, she argued, according to The Opinion's own financial figures, costs had been reduced and advertising revenues were expected to go up. Further- mainder of the year. Stern explained that increases in advertising revenue were just projections, which may or may not be met this year. He also stated that with a 4th. As a result, one week after reinstating The Opinion's funds, the SBA was asked to reconsider the matter. Editors Siclari and Stern were again present. First Year Director Susan Biniszkiewicz, the head of the Rules Committee and SBA parliamentarian, cited Robert's Rules of Order which State that a Motion to Reconsider is proper only on the same day that the original action was taken. Cohen said that past SBA practice has included reconsideration of actions taken at the previous meeting. Unlike the week before, the issues before the SBA on November 4th was not whether to reinstate funding to The Opinion, but rather how much funding should be reinstated. had passed since The Opinion started operating under a reduced budget, some money must have already been saved. reinstating funding to The Opinion, the unallocated line still had $1100 left for the re- tervention prefaced solely upon predictions individual of dangerousness." Essentially Martin has "opened the door" for all kinds of compulsory intervention, and preventive detention will exert "continuous pressure to broaden the system in order to reach evermore potential detainees." One of the primary aims of the Lecture Series is to attract the attention of the law students to the important extracurricular work being done by their professors. Hopefully, the success of Professor Ewing's discussion will encourage more students to attend these worthwhile lectures. Proposed lectures, to be scheduled either later this semester or early next semester, include a talk by Prof. Binder on International Law, Obscenity in the Workplace by Prof. James Atleson, and Prof. Betty Mensch on the control exerted in N.Y.C. by Trinity Church. much larger staffthis year, The Opinion is hoping to print longer average issues this year compared to last. The formal motion before the board was to open for reconsideration the action of SBA taken the week before to reinstate $1,000 of funding to The Opinion. Had this motion passed, the SBA wouldhave then considered whether to reaffirm the action, send the matter to the Finance Committee, or take some other action. Third year Director Sim Gildman summarized his objection to even reconsidering the previous action as "outrageous" and a threat to the "institutional integrity" of SBA. The motion to reconsider failed by a vote of 11 to 4 among those present. As an interesting footnote, there were also four "proxy votes" by absent members which indicated a desire to reconsider the funding. Since the motion would have failed even if these "proxy votes" were included, the question of their status was considered moot. Cohen admitted that SBA has no formal policy on the status of "proxy votes," and asked the rules Committee to formulate one. Sub Board I, SBA May Face Divestment Issue by Peter Scribner The Student Bar Association may be faced directly with the controversial issue of South African divestmentbefore the end of the year. Belina Anderson, law school representative to SubBoard I reported at the SBA meeting on October 28th that SBI is considering divesting its banking funds currently deposited with Marine Midland. Such an action would require approval from all six student governments represented on the board, including the SBA. According to Anderson, Marine Midland in the past has loaned money directly to the South African government. SBI is now trying to determine if this practice is still going on. If it is, and if there isanother local bank that does not do so, SBI will probably recommend withdrawal of its approximately 2 s3.s million in funds from the Marine. All representative student governments would then have to approve theaction. The issue may be resolved as early as the next SBI meeting on November 20th. In other action at the October 28th SBA meeting, theFinance Committee was formally organized under Treasurer Jerry O'Connor. He reported at the following meeting that his committee will meet weekly on Tuesday afternoons at 5:30 p.m. in the SBA office. Susan Biniszkiewicz has agreed to chair the Rules Committee. This group is responsible for proposing and reviewing SBA Consitutional and By-law modifications. Also, the PlacementCommittee has been organized. The members include Dave Petrich, Nancy Hottby, Pam Nuebeck Opinion November 13, 1985 and Leslie Stroth. All are SBA members, and additional mem- bers are welcomed. This committee works directly with the Placement Department. Additional members are also needed for the Social Committee and the Rules Committee. Ron Brown and Allison Tuitt of the Black Law Student Association came to the October 28th meeting to give the board the semi-annual update required of all student organizations by SBA By-law #13. Brown reported that several members attended a conference of black lawyers in Toronto a few weeks ago, and that November 16th will be Minority Law Day. BLSA is planning a special presentation of that date in Room 106, featuring John Carrol, memberof the Appellate Division (First Depart- ment) and Bruce McWright, a Supreme Court Judge from New York City. At the November 4th meeting, the Buffalo Public Interest Law Group (BPILP) presented their By-law #13 update. Michael Kulla reported that they have 36 members and have earned $300 in a recent raffle. They plan future fundraisers, as well as guest speakers and movies on public interest subjects. Also at this meeting, the subject of student-faculty forums was brought up. Lori Cohen suggested two forums: one with law school administrators, and one with the University administration. There is, however, a shortage of volunteers to work on this project. If anyone is interested, please leave a note in mailbox #597. A proposal to authorize $100 for T-shirts for the winning team in the fall intra-mural softball league was tabled. More information was requested. The proposal will then go before the Finance Commit- tee. SBA is planning to sponsor a Wine and Beer party on Thursday afternoon, November 14th. This will be an opportunity for students and faculty members to get together socially. Lori Cohen has pointed out that anyone who wants to speak at an SBA meeting or put a matter on the agenda can simply sign up on an agenda paper which will be posted each week on the SBA bulletin board in the mail room. There is no need to have to find and talk to an SBA officer in order to add something to the agenda. �Professor Ewing Discusses Date Rape Case by Melinda K. Schneider For the third year in a lot of emotional appeal for the row. students. It's a case that's not so one-sided; everyone' can Ewing, along with participants participate. I advise students to pick the opposite side to what they believe in." Criminal Law Professor C. from his Section I first year class, has conducted a mock trial in the Moot Court Room. This year, as in other years, there were enough volunteers to necessitate having two trials on consecutive nights, October 23 & 24. The case being tried was State v. Rusk, a "daterape" case, and has been used by Prof. Ewing each year. There was a good audience turnout both nights and following the trial each night there was a party,for all the participants in the law school lounge hosted by, Prof. Ewing. We interrupted Prof. Ewing's busy schedule to ask him a few questions about the trial. Are you ever surprised by the outcome! Ewing: "There have been five trials in three years. Only once was therea conviction, and that was 7-5; and that only reached after I pressured the jury to break it's deadlock. It's a very tough case for the prosecution to win." Where do juries come from? Ewing: "Jurors are undergraduates; they're asked to participate. They take it really seriously once they're involved. They're very serious in their de- liberations and ask excellent questions. This year, for example, they asked forthe definition Why do you do it? Ewing: "Mainly, it gives students a chance to interact with each other. It brings the Section together. People who aren't of reasonable doubt. The case seems to turn on the credibility of the complainant and the defendant. Most express feeling that there was reasonable doubt. They believe some of what the complainant says and some of what the defendant otherwise involved make friendships, have a chance to interact with each other. A secondary reason is that they may learn something. Also, students realize that the professor is not so terrible; I seem to intimidate them, even though it's not my intention." says." Professor Ewing also said that for purposes of the trial he suspends the rules of evidence; he doesn't expect students to handle objections well. He is consistently impressed with the job students do, and how enthusiastic they are abogt it. He noted that first year students are helped by second and third year students who volunter their time to act as coaches, and Why this particular case? Ewing: "It's a case the students are all familiar with. What I've found is, students really think he's (Rusk) guilty. By actually reenacting the trial, you see the issues come to life and see how difficult it is to convict. It has a Lights Go Out During was impressed by the number of people who showed up each night as spectators. Several student participants were asked their reasons for participating, as involvement in the mock trial is voluntary, is not for credit, and takes up some of the precious time which first year law students al- ways complain they are so lacking. In general, everyone agreed that the trial was a good opportunity to meet and get to know other people in their Section. It also gives students a different perspective on the dynamics of the system that they don't get in justreading about how cases For some, it was an opportunity to test themselves in front of a large group in an effort to overcome their fear or timidity. It wa a unanimous opinion that the trial was well worth the effort, and most participants said they would do it again. are decided. New Roof Leaks Threaten Law Books; Dean Gibson Worried by Timothy J. Burvid and Jeff H. Stern Recent repairs on the roof of O'Brian Hall have proved unsuccessful in remedying the law building's extensive leakage problems. With last week's heavy rainfall, leaks which had been sealed with polyurethane foam have apparently opened up again, and new leaks have also been discovered. Of particular concern is the fact that the roof is now leaking directly over stacks of law books on the seventh floor of the library. Director of the Law School Library Ellen Gibson said that she is concerned because "the roof leaks in places on the seventh floor where it never leaked before." Gibson noted that "previously the roof did not leak anywhere that books were actually stored." Stephen Englert, Director of UB Construction and Design, explained that the contractor who installed the polyurethane foam, A to Z Coatings, has been recalled from New York to undertake a detailed investigation. The new leaks may or may not be a result of their work, which cost $74,000. The Univer- Workmen reptilrinfi O'Britm roof. Photo Credit: Paul F. Hammond sity has allocated a total of $120,000 for repairs to the roof of O'Brian and also for damage to the interior caused by the leaking water. The firm installed the much needed polyurethane roofing system, a strategy which was far short of tearing the roof apart and starting from scratch, which would have involved major structual changes in the building. Englert said that the roof is also covered with copper plating, which contains seams. The new leaks may have resulted from cracks in these seams, which is an entirely different problem that the contractors did not address. They will be retained for the additional work, if the new leaks are discovered to have been caused by the faulty seams. If, however, the leaks were caused by their recent work, A to Z will be required to make good on the repairs at no additional cost. In any event, the University has retained 25% of the contractor's fee, and is working to resolve the problem as quickly as possible, Englert said. Moot Court Contest by Paul W. Kullman A transformer failure at approximately 8:40 p.m. on Monday, November 4th, left at least one Moot Court participant arguing in the dark, and , threatened the postponement of arguments for as many as 60 others. The failed transformer left the Academic Spine in near total darknessfor approximatelytwo hours and 15 minutes. As the majority of Moot Court participants were scheduled to argue in buildings which comprise the Spine, the power failure caused many an anxious moment on this first evening of the weeklong competition. Nevertheless, Moot Court Board Director Bill Daly said the power failure did not create the havoc it could have because it ocurred between the 7 p.m. and 9 p.m. rounds scheduled for that night. "It was a really difficult situation last night," Daly said in a Tuesday interview. "But we were really fortunate ft came when it did. We didn't have to ditch the scoring of any of the rounds and everything was completed according to schedule." Daly said the only person to his knowledge who had an argument interrupted was second year student Garry King. King was forced to finish his argument, in the O'Brien Hall basement after beginning in one of the classrooms. David R. Rhoads, director of the Amherst Campus Physical Plant, said the failed trans- former was located in the switch gear yard near the Bean building, He said plant officials did not know the cause of the failure. Daly, who credited fellow members of the Moot Court Board for their ability to adapt to the adverse turn of events, said all the 9 p.m. rounds were rescheduled in a "matter of about 20 minutes." Participants were then directed to Bell and Clemens Halls, the only two buildings apparently not effected by the blackout. Daly said he and the Moot Court Board were also lucky in that there was an abundance of judges this year as opposed to previous years. "We had way more judges around this year, and originally we thought that might be a problem," he said. "But it turned out to be our saving grace because some judges decided to go home when the lights went out. They didn't know how long the lights would be out and they figured there would be no way to reschedule the rounds last night. Luckily, we were able to get the majority of the judges to stay, and we had enough of them so that we were able to move them around." Power failure aside, Daly said therewere "no other problems you wouldn't expect to have," and that the rest of the competition will proceed as scheduled. It's funny, he said. "We covered essentially all the aspects we could think of except what happened, and we still pulled it off." By Writ of Mandamus . you are summoned to CASEY'S NITE CLUB (421 Kenmore Aye.) to Party on November 14 at 10:00 p.m. During the proceedings, there will be drink specials for all Students of Jurisprudence. Hors d'oeuvres will be served at 12:00. This proceeding will be followed by similar proceedings each and every Thursday. Your time to answer expires on November 14, 1985 at 10:00 p.m. to closing. BE THERE! MONDAY BIG CHILL NIGHT lsmfm< Coupon Good For FRFf= unnK V®W™ nno Drink une rrftt V (Music from the 50's, 60s & 70's) ° ' $10 Bar Drinks 2 Laba,ts for $150 V WEDNESDA , ladies night Ladies — $3.95 Drink all night and keep the glass Gentlemen — $1.00 Bar Drinks 421 Kenmore Avenue November 13,1985 Opinion 3 �Student Defender Program Seeks Law Students by Cathy Papas Now that the Moot Court part of the year has come to an end, I'd like to take this opportunity to invite all law students, particularly second and first years to participate in Group Legal Services' StudentDefender Program.Victor Siclari is the assistant coordinator and Gary Farrell is the Residence Hall Program coordinator. Law Students participating in the Defender Program repreundergraduate and graduate students appearing sent before Student-Wide Judiciary (SWJ). The SUNY Buffalo SWJ is a student tribunal whose purpose it is to adjudicate violations of any nonacademic student rule or regulation, disputes arising from campus elections and actions which violate constitutions for student organizations or associations. The Court is most involved with violations of student rules and regualtions, which are rethe vised annually and appear in the Student Handbook. The jurisdiction of the StudentWide Judiciary extends to any violations which occur on campus, including the residence halls. The Student-Wide Judiciary is comprised of justices appointed by the three major student associations: the Undergraduate StudentAssoci- ation, the GraduateStudent Association and the Millard Fillmore College Student As- sociation. In situations where a student rule or regulation has been violated, any individual may bring a charge before the court. How- •ever, the court only has jurisdiction over defendants who are students of the university. All charges relating to violations of rules and regulations are prosecuted by student prosecutors, who are SUNY at Buffalo law students working with the Of- fice of the Dean/Division of Student Affairs. The defendant may be represented by any person of his/her choice at any of the court's proceedings. This is almost always a defender from Group Legal Services. Charges may be initiated before the student court by filing a complaint with the Student Prosecutors' Office. After the Student Prosecutors' Office investigates the incident, a complaint may be filled with the court and an arraignment scheduled. Students will be advised by the served complaint that they have the right to consult with Group Legal Services about the charges alleged against them. A student defender advises a defendant what plea should be entered at the arraignment. At the arraignment the court rules on the sufficiency of the complaint and then accepts a plea of guilty or not guilty from the defendant. If the defendant pleads guilty, the court proceeds to impose a sanction. If the defendant pleads not guilty, a hearing date is set. Hearings involve representing the defendant in front of a SWJ panel of judges. The prosecution and defense may make opening and closing state- ments, as well as motions. Witnesses can be presented by both sides and examination involves both direct and cross. The court has the power to subpoena witnesses from the student body. One distinction of this court, however, is that the rules ofevidence are generally much more relaxed than those in civil or criminal trial. The SWJ panel of judges is composed of non-law students who are essentially selected to ensure that students brought up on charges are judged by their peers. Because of this, "common sense" rules are the ones that apply during arraignments and hearings. If the defendant is found guilty, both the prosecution and the defense may offer sugges- tions for sanctions ranging from oral warnings all the way to recommendation to the President of the University that the defendant be suspended, expelled or dismissed from the University. The SWJ panel is not compelled to take into account either sides' recommendations but of course, may use them as guidelines if they wish to. The defendant may appeal the court's decision and/or the sanction imposed. SWJ trial de- cisions are appealable to an ap- pellate panel of the SWJ. Any court decision is ultimately appealable to the President of the University. The SWJ has also established a Residence Hall Trial Panel to specifically hear all violations of Housing rules and regulations or violations of Student Rules and Regulations which occur within the residence halls and have been channelled through the Residence Hall Disciplinary Procedurefor Minor Violations. The process which follows is similar to the one followed by the SWJ. Many of the cases heard by the court could be heard by the intrelated The University. components of the SWJ, The Student Prosecutors' Office and the Student Defender Program provide a means of safeguarding the defendant's right to due process in a disciplinary proceeding. The procedures followed try to assure as best as possible that the accused receives adequate notice of the charges, receives a fair hearing with.an opportunity to present his or her position, evidence, or explanation, and receives a fair decision based on the evidence presented. If any law student is interested in participating in the Student Defender Program, please leave a note with your name and box number in Box 717; I would like to add that I was a volunteer while I was a first and second year student and found that it affords a rare opportunity to actually represent a defendant through the trial procedure. I feel it has helped me in courses Stich as Trial Technique and certainly is valuable for students who will be participating ,in the Moot Court Competition next year. Also, prospective employers appreciate a first or second year student who has had some sort of practical experience in any kind of trial preparation. The rewards far outweigh the very few hours per week required, it's a learning experience, and besides — it's fun! Off Campus Interviews in N.Y. and D.C. Successful by Amy Sullivan Last month's New YorkWashington D.C. interview program held the highest amount of interview sessions ever. The New York program consisted of 35 employers, while the Washington D.C. CDO Director Audrey program had 8 Koscielniak employers pre- sent. house counsel of Metropolitan Life Insurance Co. The first effort in the Washington D.C. area was held on October 18th. Audrey Koscielniak, coordinator of the Career Development Office said, "We were pleased, although it was small, that we got this much response in our initial effort in a very competitive job market." For the first time there were also firms represented from other areas this year. Among them were firms from Miami, Fla., Stanford, Ct., and Rosalind, N.J. The law school picks up the tab for the hotel rooms and refreshments. This is funded through the soft money from the alumni. Students pay for their own air fare and any lodging they might need. When choosing a hotel site, a, very professional setting is the most important quality. The New York Penta Hotel. There were 21 law firms from the private sector, 4 Legal Aid offices, N.Y. Penta has beds that fold into the wall and couches and tables are available for the interview. The One Washington Circle Hotel was chosen for the Washington program. The 2 District Attorney's offices, 1 U.S. Attorney General's office, 6 Public Accounting Firms, and a representative from the in- atmosphere. "Any student The program in New York originated in 1979. This year it was held on October 4th at the rooms had a living room area which eliminated the bedroom who gets staff of The Opinion Wfff/tmk. Thewishes everyone a Happy Thanksgiving Our next issue will be published on Monday, December 2. Deadline is Monday, November 18. selected by an employer is assumed to go and is scheduled automatically," Koscielniak said. Some "no-shows" were not aware that they had been selected. There were 68 3rdyear and 45 2nd-year present at theN.Y.C. program, while at the D.C. program there were 23 3rdyear and 9 2nd-year students. The second interviews that are granted are done by direct con- tact with the student. Followups are done to let the CD.O. know who were called back, who declined, and who accepted. Koscielniak Opinion November 13, 1985 that views. "The students should read literature on the firm, take practice interviews, as well as watch the interview tapes that are available." She added that, "At this point, we anticipate running both programs again, but specific dates depend on Commencement '86 Announcement by GinaPeca Commencement Chairperson Plans for Commencement 1986 are underway! The date is Sunday, May 18thand the place is Baird Pomt—weather permitting. All graduating seniors will be receiving a questionnaire regarding such items as commencement speaker, faculty speaker, events at the ceremony—awards, honors, hooding, and Commencement activities—parties, fund-raising events, etc. Reminders Degree cards must be filled out by January 17th. You can fill them out at any time—just stop by A&R. - February grads must fill them out by November 15th at the latest! During the last week of February, a photographer will be at the law school to take portraits of the grads. There will be a sign up sheet in the mailroom prior to thedate. The $8-10 sitting fee entitles you to a composite picture (small version of what hangs in the third floor hallway). Package deals may be purchased. Each graduate will be given ten invitations to the Commencement. They are nor tickets—you may bring as many people as you like to the cermony. (However, the tickets are good to send to distant rela- "OPPORTUNITIES IN ENVIRONMENTAL LAW" Wednesday, November 20,4:00 p.m. Faculty Lounge tives—you might even get a gift out of the deal!) There will be a professional photographer at the ceremony taking pictures of each graduate. These can tie purchased later. First and second year students are needed to usher guests at Commencement. We will need approximately 15-20 ushers. Start thinking about it now—there will be a sign up sheet in the mailroom in the early spring. Any seniors who would like to work on Commencement activities, please contact Gina Peca. There's a lot to do and any kind of help would be appreciated! TEST ANXIETY AND STRESS MANAGEMENT A Workshop for Law Students presented by Representative from Jaeckle, Fleischmann & Mugel DAVID ROACH, Esq. UNIVERSITY COUNSELING ALSO, Division Student Affairs Law Professor Jeffrey Blum Refreshments following discussions and questions. SPONSORED BYTHE ENVIRONMENTAL LAWSOCIETY 4 believes most students don't prepare well enough for these inter- hotel availability." There may be earlier deadlines for resume dates. This may present a problem for students who are waiting td find out if; they made law review since it is such an important credential for resumes. But Koscielniak noted, "This puts us in a more competitive position against other schools who have earlier deadlines." SERVICE Wednesday, November 13, 1985 4:00 5:30 p.m. Room 112 O'Brian - �: ta/ferr BAR REVIEW " BAR/BRI NOVEMBER DISCOUNTS NY, NJ, MASS, VT, CT, NH, ME I SAVE $150 WITH A $75 REGISTRATION FEE | SAVE $200 WITH A $100 REGISTRATION FEE twobn BAR REVIEW The Nation's Largest and Most Successful Bar Review. 415 Seventh Avenue, Suite 62, New York, New York 10001 (914)684-0807 (201)623-3363 (516)542-1030 (212)594-3696 160 Commonwealth Avenue, Boston, Massachusetts 02116 (617) 437-1171 • • • November 13, 1985 Opinion 5 �Volume 26 No. 5 November 13. 1985 Editor-in-Chief: Managing Editor: NewsEditor: Feature* Editor: Business Manager: Photo Editor: Layout Editor: Production Coordinator: Victor R. Siclari JeffH. Stern Paul W. Kullman Timothy J. Burvid Harry Branson Paul F. Hammond Kevin O'Shaughnessy Charles E. Telford Staff: Dave Chapus, Sue Clerc, Diane Dean, Krista Hughes, John Lapiana, Jerry O'Connor, Peter Scribner. Contributors: Idelle Abrams, Michael Kulla, Cathy Papas, Gina Peca, Melinda Schneider, Amy Sullivan. '■■> Copyright 1965, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademicyear. It is the student newspaper of the State University of New York at Buffalo School of Law, SUN YAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics. Inc. Editorial SBA Should Approve Sub Board Divestment "You can blow out a candle/but you can't blow out a fire/once the flame begins to catch/the wind will blow it higher. .. and the eyes of the world are watching now/watching n0w ..." Peter Gabriel—from his song entitled Biko. In South Africa, the flames of rebellion have not simply begun to catch, but have kindled a widespread conflagration which threatens to consume the entire nation. Subdued under the heavy yoke of institutionalized apartheid, and denied the most fundamental civil and political rights, black South Africans have resorted to violent resistance on an unprecedented scale in that country. Our own nation ultimately achieved its independence and established a democratic government in similar fash- ion. President Reagan's "policy" of "quiet diplomacy" or "constructive engagement" with regard to the South African regime has been a dismal failure. Prime Minister PieterW. Botha remains adamantly opposed to any meaningful political and social reform, because he fears it would sound the death knell for the white minority ruling class. Not only has Botha's administration failed to improve conditions for blacks, but it ruthlessly oppresses them as well. Over the past fourteen months the social unrest has resulted in the government's imposition of martial law, the killing of nearly 800 blacks by the police and the beating, tear-gassing and incarceration of countless others. In the latest twist of irony, Botha has accused foreign reporters of unfair reporting tactics, and has blamed them for the increased rioting in South Africa—as if the rioting would cease if only journalists would stop reporting about it. Botha has even gone as far as alleging that foreign journalists have been paying blacks to riot for the purpose of filming the action. He has indicated that in the future the media will be strictly monitored and controlled by the government. Despite the condemnation and diplomatic pressure from the in- ternational community, the South African ruling minority resists true reform and perpetuates the forced segregation and degradation of the majority black population. As a result, the United States Congress is now considering imposing various economic sanctions on the South African government. In additon, many groups are calling for divestiture of foreign assets and corporate investments from the South African economy. Here at ÜB, Sub Board One, the University's student services corporation, has undertaken an investigation of the banks and investment firms with which it has invested nearly $600,000 of its assets, assets which are primarily comprised of contributions from thesix student governments, including the StudentBar Administration. Should Sub Board determine that these corporations, which include Marine Midland Bank and Merrill Lynch, Inc., are doing business in South Africa, it may withdraw its assets from these firms upon the unanimous agreement of the six student governments. Before doing so, however, Sub Board must first find alternative "clean" banks and firms in which it would deposit and invest student funds. The Opinion urges the SBA to approve divestiture of Sub Board's assets from any corporations which are found to have financial ties to South Africa. Some would argue against divestment on the grounds that it would alienate a geopolitically important ally, that it would actually cause many black workers to lose their jobs, and that it would not, in any event, hasten positive social change. We reject those arguments. The evidence strongly suggests that if enough American corporations disinvested from South Africa, that nation's economy would be crippled to the point where the government would be forced to institute wholesale socio-political reform. Such reform would reduce the chance of internecine warfare and the destabilization of the region which would follow, and would be in everyone's best interest. By voting to divest funds from banks and investmentfirms which have dealings with South Africa, SBA would make a strong statement on behalf of its entire constituency—namely that we refuse to tolerate a blatantly racist government which is controlled by a small minority of the country's population. More so than perhaps any other government in the world. South Africa deviates from our country's system of representative democracy, which we as law students are bound to uphold and promote. 6 Opinion November 13, 1985 Concurrences and Dissents Law Class Participation Urged are affected but To the editor: This letter is in response to Ms. Ramsay's letter, entitled "Please Don't Call on Me, I'll Pass," printed in the Oct. 30th edition of The Opinion. Ms. Ramsay, although I do not understand your paralyzing fear of speaking in class, I respect the fact that it exists. However, that is no reason' not to carry the burden that you, as a colleague and future attorney, have to bear during the course of your education.and career. Law school is exactly the place where your fear, your un- certainty, and your legal reasoning abilities are to be exposed and explored. Mistakes here, and hopefully the corrections that accompany them, will help you to serve your client's interests, and will also protect your license! Opposing counsel will most certainly point out your mistakes, and the only person who will benefit will be his or her client. Your client will suffer the consequencesofyour own ineptness. Also, as one student among 840, you have no right or privilege to go through this Law school without contributing to the shared knowledge we all try to obtain. Why do you believe that you're entitled to a "free ride?" In order for our education to be the best that it can be, each and every student owes every other student 100%. That includes class participation, club participation, and student government participation, or whatever you personally have the time for. If you are truly "here to learn", then debate and personal sharing of experiences are part of that process. Overcoming a paralyzing fear is a tremendous learning experience, one that should be realized in an academic setting, where no one else's interests your own. Sincerely, Shari Reich Ramsay Letter Applauded To the editor: Thank you for your recent humorous additions to The Opinion. Ms. Ramsay's "Open Letter to the Faculty" provided a wonderfully lightheaded moment in this law student's dull, work-filled life. I laughed for the first time since August 26th. We're often accused of being serious, humorless law students. I, for one, was a fun-lov- ing undergraduate who has been transformed into a dour workaholic by the focus of Ms. Ramsay's letter—Fear. I now plan to laugh at least once a week, while cringing under my desk, hoping not to get called on Sincerely, A Ramsay Fan Todd Bullard Still Convalescing ship on the Board. by Peter Scribner Friends may call Buffalo General at 842-1900 to find out if Todd is still a patient there. General is located at 100 High Street, which is right next to the Allen-Hospital station on the Metrorail line. I am happy to report that my friend, Todd Bullard, is recovering very nicely from the heart attack he suffered two weeks ago. As of November sth, Todd was still in Buffalo General Hospital, but was hoping to be released soon. He plans to spend some time at home in Rochester, but is still planning to return and complete the semester. Todd suffered a mild heart attack shortly after returning from a conference of black lawyers in Toronto. He never suspected what the problem was until he was in the hospital. Amazingly, Todd was in excellent health: he doesn't smoke, hardly ever drinks, and was active in in-door soccer this fall. Although there are one or two cases of heart problems in his family, the last thing he expected at age 24 was a heart attack. He told me that he just let law school get to him. He was ac- tively interviewing for a summer job and participated in the Washington off campus prog- ram. He worked on Moot Court and was of course active as SBA Vice President. Apparently all these things combined caused the attack. He definitely plans to take things more eas- Moot Court To the editor: Photo Credit: Victor R. Sklari ily, and advises other students to do the same. Todd is especially grateful for Peter Scribner The war between The Opinion and SBA appears to be pretty much over, thank goodness. Both organizations have matured enormously since last year and are determined to work together. But a minor aside in the final SBA vote to affirm the reinstatement of funds to The Opinion on November 4th suggested a potential SBA problem in the future. Lori Cohen, President of SBA, brought four "proxy votes" with her to the meeting. All consisted of written statements of various lengths by absent SBA members. According to Cohen, all wanted to vote in favor of reconsidering the reinstatement of funds to The Opinion. Three proxies favored sending the matter to the Finance Committeeand the other proxy abstained on this motion. The matter became moot since 11 members present voted to affirm the reinstatement and only four opposed. petition a success. Specifically we would like to thank the staff on the law library, and all the secretarjes and staff who assisted in the preparation of Desmond material. Without your extra effort, the Desmond Competition and the support he has received from the school and his friends. His room was papered with getwell cards. The law school is taping all his classes and has said that he can take his final exams at his convenience. Luckily, he the existence of the Moot Court Board would not be possible. In addition, yourcontributions enrich the intellectual atmosphere of the Law School. We would also like to thank was only taking four classes this semester, and was not taking Tax or Corporations. Todd and his Moot Court partner Jay Lippman had completed their brief for the Desmond Competition. Jay entered the oral arguments with a substitute partner Randy Fahs. The Moot Court Board will let Todd do his oral arguments next semester so that he will still be eligible for member- SBA Proxy Voting by The officers and members of the SUNV at Buffalo Moot Court Board would like to thank all those whose assistance made the Desmond Moot Court Com- SBA V.P. H. Todd Bulluril this year's Desmond participants. You were an exceptional group of advocates whose skill and enthusiasm made this competition a pleasure to con- duct. Sincerely, William P. Daly Questioned But there is no formal SBA policy as to the status or legitimacy of proxy voting. And the quescontinued on page II RTL Sign Posting Disputed To the editor: I am disturbed by the evident one should have to face the poster throughout their day. The poster should be torn vocative anti-abortion posters around the law school. The right to self-expression does down. Moreover, the person(s) posting them should consider his/her/their willingness to impose a view. I question whether their willingness to do so does not reflect a general flaw in their political position. They impose immaturity and disregard for other students manifested by some individual(s) posting pro- not encompass a right to hold a captive audience. Even if the mailroom were to be considered a place in which nobody need linger, a classroom certainly creates a captive audience. No their view that abortion is wrong on others, thus transforming people into captives of another sort. E|an G.retmann Corrections From Last Issue Due to a printer's error, the photos of Schlegel and "the clone" were in reverse order on our front page pasquinade. We guess the joke was on us... John Mylod's quotation in the last paragraph of Lisa St- rain's article on the New York State Environmental Planning Lobby (page 7) should have read as follows: "We are as responsible as active environmentalists as DEC to set the policies of the state." �The Boy Mechanic Kevin O'Shaughnessy Life, Death, Law School and the Future Todd Bullard had a heart attack last week. The news went through the law school quickly and quietly. Underneath all the concern, sympathy, and discussionaboutTodd'scondition lies a basic human emotion: Fear. Death scares people, and consequently, people try to insulate themselves from death. Law school is the ideal place to insulate oneself from death. It focuses entirely upon the future. I remember the speech of Audrey (the high priestess of the monument to the future: The Career Development Office) at Orientation. She spent fifteen minutes on employment after graduation. Classes had not begun yet, but this woman was talking three years down the road. I thought she was I had much to learn. crazy Law school constantly reinforces the belief in the future. The time put into studying, writing briefs, attending classes and taking exams is formidible, and this great sacrifice has to ... be justified. By jumping these academic hurdles, students believe that they can achieve a reward: A promising future.Without an undying belief in the future, few would bother with Law Review. Subsequently, students feel guilty about "wasting time." Wasting time means behavior not related to the future. Playing video games, watching "Green Acres" reruns and drinking beer are excellent examples of wasting time. Pleas- ure is immature, anti-intellectual and childish because it's based in the present. Adults live for the future; lawyers thrive on the future. The anxiety students heap on themselves especially in law school, is artificial. Death (or fear of it) forces people to change their perspective. Suddenly they lose their faith in the future, and it is revealed to be an illusion. When the future Miss Social Procedure fades, so do their well-planned lives. Todd's condition emphasizes the importance of the present. Pleasure is an essential element of life. More importantly, the present perspective prompts examination of emotions. The future perspective devalues emotion and undermines humanness. I prefer the present perspective if you'll excuse me, "Green Acres" is on. Get well soon Todd! ... Fiona Smythe-Horch Nylons, Law School and the Women of the Eighties Dear Miss Social Procedure: When I came to law school in Buffalo, I anticipated the casual atmosphere one might expect in a Mid-Atlantic state university. I was surprised to find so many women students bedecked in skirts, panty hose, and heels. Am I a slob? Should I replace my jeans and cords with dresses? Please advise. Sincerely, Wondering in Room 106 Dear Wondering You have brought your query to the correct forum, Ms. Social Procedure has long been amused by the phenomenon of overdressing and has noted thisunfortunatetrendinprofessional schools. With the changes of the past twenty years, students of every social and economic back- ground have the opportunity to pursue medical and law degrees. After all, this is still America. Fortunately, for those who wish to select their acquaintances from those of simi- lar social status the emerging working class obliges by over- dressing for the occasion. Young women appear particularly vulnerable to the overdressing syndrome, in an attempt to assert what they mistakenly consider a "profes- sional look." Several weeks ago, I, myself, noticed a young woman dressed in an aqua (shudder) suit and white (groan) high heeled pumps. Rather than project a professional image, this young woman appeared secretarial — successful woman one knows is, indeed, a secretary. One must dress according to the elegance of one's surroundings. Many appear to be misled by the tasteful red carpeting and hand-crafted plastic seats in O'Brian Hall. The overdressers obviously believe that they are rehearsing forafternoon tea in well appointed drawing rooms. Many overdressers hope that outward organization reflects inner order and discipline. Unfortunately, this is not so. We all know that Einstein seldom wore matching shoes, and while one needn't carry a disregard for appearance to such extremes, his example serves as a model. At this point I expect myread- ers to be clamoring to be enlightened as to the proper dress for professional students. First, stop clamoring! Such enthusiasm is not only unattractive, but raises one's blood pressure, causing a florid coarsening of the features. The primary consideration is, naturally, cleanliness, which remains next to godliness. While all clothing must be of high quality, a moderate level of disrepair and unkemptness are acceptable as one is seldom provided with staff to maintain one's wardrobe while away at school. Clothing such as jeans, sweaters, sweatshirts, slacks, etc. facilitate a casual appearance and provide a happy relief from the rigors of home, mummies exacting standards, and nanny's continual pulling with the hairbrush. Finally, gentle reader, do not concern yourself with the future. A young woman who polishes, presses, styles, lipsticks, clips, plucks, perfumes and otherwise preens her temporal self is obviously here for a purpose other than the study of law. I am quite sure that the age old quest does not concern you, gentle reader, since certainly the women in your family manage their own portfolios. Miss Social Procedure Miss Social Procedure tries to answer general questions on professional school etiquette. Queries may be submitted to The Opinion. which is acceptable if the most BPILP Names Officers, Announces Plans for Year by Michael Kulla Secretary of BPILP The Buffalo Public Interest Law Program (BPILP) has many plans for this year. We at BPILP would like to let the law school community know what's going on with the Program. BPILP recently sponsored a successful raffle. The prizes included tickets to a show at Shea's, free printing of resumes, a set of law books, and a gift certificate for Waldenbooks. The raffle brought in $300, and we'd like to thank everyone who helped bring about this profitable fundraiser. The directors for BPILP this year are: Lisa Roy Baron, President; Cohen, Nancy Dean, and Jennifer Sanders, Vice Presidents; Dan DeLaus, Treasurer; and Michael Kulla, Secretary. Before going on to mention what plans BPILP has for this year, I'd like to describe briefly the history of the Program. BPILP was founded in 1979 by four law students who wanted an organization that law stu- dents could contribute to the provision of legal services operated in the public interest. The goals which the founders had for the Program included increasing the awareness ofthe law school community, and the legal community in general, on the need for public interest legal services; assisting agencies providing public interest legal services in their efforts; and providing first-hand experience to UB law students through funded internships. BPILP's plans for this year are designed to further these goals. We will be showing two films on public interest issues, "The Right to Die" and "To Have and to Hold". Another film possibility in the future is "Palsgraf— the Movie". Yes, the most famous tort case has been immortalized on film. It's certain to bring about some muchneeded comic relief, if not intellectual debate on negligence. We are also planning to have Assemblyman Hoyt come and speak on the topic of child abuse and the law. To help fund our internships, more fund- Amnesty International In keeping with the goal of sparking student interest and debate. Amnesty International is currently planning several activities on the Death Penalty. The Death Penalty Project is targeted for anywhere between November 14th and November 22nd. Plans include a film, literature (handouts tool), a possible student debate and/or speakers. Also in the works is yet another information table in front of the library. Plans are also in the works inside the library—you guessed it—the display case. The organization is also throwing around the idea of starting an inconspicuous library on Amnesty and related materials. All are welcome to provide input in the present projects and future planning. Contact Margot Bennett, #15. or in the Clinic. Rm. 507. raisers such as happy hours will be held. If anyone has suggestions on possible films or speakers or fundraisers, please see any of the directors, or leave a note in box 426. We at BPILP are looking forward to having an informative, successful, and enjoyable year. P.A.D. Open to AllLaw Students Phi Alpha Delta Law Fraternity, International, better known as P.A.D., is an organization open to all law students, male or female. Its purposes are to foster greater interaction among law students, the legal profession and the community. Already this year, P.A.D. has sponsored several activities which have been open to everyone. On Thursday, September 19, there was a happy hour at Stuffed Mushroom which attracted over 100people who enjoyed drink specials and dancing all night. On Friday, September 27, P.A.D. had its semesterly racquetball party at the Boulevard Racquetball and Fitness Club. For a small admission price, the studentsfilled up on beer, soda, pizza and wings while they played racquetball, pool, or just relaxed in the sauna and steam room. In October, P.A.D. sold law school T-shirts, polo shirts and sweatshirts in front of the library. Because of the success and great demand, P.A.D. intends to sell more shirts in November. On Tuesday evening, October 22, P.A.D. held its fall initiation ceremonies in the Moot Court Room. Twenty-three new members joined P.A.D. this fall. They are: Stuart Adler, Susan Biniszkiewicz, Paul Blaufuss, David Crosby, William Cummings, Deborah Emerson, Bruce Frankiewich, Evelyn Gurdin, Elizabeth Hendy, Bernadette Herward, Edward Jozwiak, Alison Kent, Stephen Korniczky, Katie Lindguist, Bernie Marcoccia, Karen Marcuccia, Robert McCarter, Robin Miller, Steve Pigeon, Carl Piper, Lisa Scarangella, Barbara Schwartz and Roger Wilcox. Welcome to P.A.D. This brings the total membership in P.A.D. to 77, making it the largest organization in the law school aside from the SBA. Other activities which P.A.D. is planning is a Blood Drive this week in connection with the Red Cross. The officers will also be meeting with college students and pre-law P.A.D. chapters to familiarize them with U/B Law School and our chapter. Also on the agenda are speakers and job referral services. If anyone missed our fall rush and would like to join, leave a message with George Faust, M.B. #77, or keep an eye out for notices of our meetings which are posted on the P.A.D. board in the mailroom. S.B.A. By-Law 13 Requires: All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: (1) send a representative to one SBA meeting in the Fall of each school year (before November 1), and in the Spring (before April 1) to report on the group's activities and plans. (2) publish a letter describing the club's activities and plans in the Law School newspaper. The Opinion after October 15 and before March 15 of each school year. (3) submit a list of at least 10signatures of matriculated students who are members of the organization. This By-law is designed to encourage an increased awareness of the rich variety of activities within theLaw School community. Organizations which do not meet all of the above requirements may have their charter(s) revoked, and may at the discretionof the SBABoard ofDirectors —be deniedfuture funding. (Adopted April 1981) — November 13. 1985 Opinion 7 �Fleischmann Named Editor of U.B. Law Forum by Idelle Abrams know our faculty has a wonderful record and that our students are bright and involved." "UB is a national school now. We are not a Buffalo school and we have to keep in touch with our alumni all over the country. We can't do this by grapevine. This is not a way to communicate." This is the perspective of llene Fleischmann, the new Executive Director of the Law Alumni Association and editor of the UB Law Forum. The Law Alumni Association will be celebrating its twentyfifth anniversary next year. It has long wanted a vehicle that would allow them to keep in touch with UB alumni scattered all over the country and overseas. When the first issue of the UB Law Forum was published last June by Fleischmann's predecessor Ruth Gaare, it was very enthusiastically received. Fleischmann is looking for- ward to editing the Forum and plans to continue to upgrade the magazine to make it an effective tool for building visibility for the law school. "The more our alumni hear about us the more likely they'll be to hire our people and help us recruit," says Fleischmann. She adds, "We should let our alumni The team is undefeated thus far, and the opening playoff game will be held this Saturday, November 16 at 12:00, on the Ellicott Football Fields. writing and was nominatedfor a Pulitzer Prize for feature reporting. When the Courier folded, Fleischmann was recruited by Woman's World magazine to be their Living Editor. She took the position "because it was such a wonderful job opportunity" even though it meant from Buffalo, commuting where her home and family are, to the magazine's offices in Englewood. New Jersey. After a year at Woman's World, Fleischmann was satisfied that she had succeeded in a national arena, at a magazine with a mass-market circulation of 20 million readers. However, the strains of commuting on her and her family became overwhelming and she returned to Buffalo. one on "the confessions of a confessions writer." At the Buffalo Courier-Express, formerly the morning newspaper in Buffalo, Fleischmann was a staff reporter and columnist for the features department. She did many consumer stories as well as her col- \ umn on style and living. In 1982 Alumni Association Executive Director llene Fleischmann Fleischmann brings a wealth of writing experience to the position. As a professional writer she has done everything from writing for movie magazines and confessions magazines to investigative reporting on such charged topics as sexual abuse by physicians. When she graduated from the University of Pittsburgh with a Two L. Sec. 2 Advances To Football Championship By trouncing North Dallas Forty by the score of 32-12, Two L. Sec. 11, the Law School's flag football team has advanced to the University Championships. paper Guild for excellence in B.A. in English, she started working in New York City for a magazine publisher, pulp Countrywide Publications. "It was wonderful training," says Fleischmann. "I learned how to write from nine to five every day. I learned how to write on deadline.I learned how to write commercially." She has since published many magazine articles including The field is located in the Ellicot Complex, directly behind the tennis courts. Although a law school team has captured the University Football Championship, this team intends to change that statistic. All are welcome to attend. Fleischmann was cited by both the New York State Associated Press and the Buffalo News- BPILP Offers Employment. TO: Ist, 2nd and 3rd Year Law Students FROM: Buffalo Public Interest Law Program (BLILP) OpporRE: Employment tunities with Local Public Service Agencies .. agencies have staff attorneys but many don't. Agencies contact BPILP and BPILP matches students on its registry with po- sitions as they becomeavailable. Students work under either a staff attorney or a consulting attorney in doing their legal research. Students are matched BPILP is a program designed to provide experiences for students in public interest law. As one of its projects, BPILP maintains a Law Student Registry which matches law student interns with Public Interest Agencies needing legal research done, in an effort to provide students with opportunities to participate in public interest law. Many non-profit agencies deal with issues that have legal She continues to do writing editing for national magazines. Last month, for example, she had articles in four national magazines. In Buffalo, she is currently co-moderator of a television interview program on Channel 7, "Mind Over Myth." The position as editor of the UB Law Forum is a natural progression in Fleischmann's professional life. Though she's worked as an editor, she's never held the reins as the editor of her own magazine. The UB Law Forum is her chance to confront that challenge and "that gives me a lot of creative satisfaction," says Fleischmann. Her goal is a slick and sophisticated publication that presents a professional image of the law school. and based upon their interests and experience. for these projects is divided between the agency and BPILP. a listing also • BPILP of term projects maintains short that need volunteers. This is a good way to get your foot in the door! are located out• Applications the BPILP (Room side GENERAL INFORMATION applica• Drop in boxcompleted 345. A resume off time commitment for a • The project ranges from 5-40 tions • Positions are paid at a rate of $4.00 an hour. The funding a listing of courses taken and related experience is strongly recommended. If you have any questions, leave a note in box 345 or stop by the BPILP office, room 10. llllllllllllllllllllllllUlllllllllllllllllllllllllUllllU Wings & Beer^m' ■BkV P.J.s Wings are the Best! ONLY [111. J vJKC 10<: FOR JUMBO WINGS , W° "buy one get one free * ... just plain & straight—los each. A fcl Also: Beer Specials Every Night $2.75 pitchers till Jf* 11:00 with coupon P. J. BOTTOMS FOOD 3270 main street 8 Opinion November 13, 1965 - BOOZE - BOOGIE buffalo, n.y. 14214 is optional, but hours. Most agencies understand the time constraints on students and are flexible. ramifications. Some of these office 10). 833-3270 �The Opinion would like to congratulate the following award winners of the 1985 Desmond Moot Court Competition, and commend all the participants for an exciting and successful competition. // // II y\ \\ WINNERS Margot Bennett Nancy DeCarlo iAi.MK. c»o )1 JJ // RUNNERS-UP Xi // \V If Terry Richman UMaryAnnßobinski )1 JJ SEMI-FINALISTS // If [(IV G. StephenPigeon \\ll<2 If ==^ DavePlatt V RoseannEimer Cindy Fenichel PaulKarp Jay Kenigsberg Andrew Winston BEST BRIEFS F rSt ' Brian Ton , ~^^ QUARTER-FINALISTS JayLippman Randy Fahs • BEST ORALISTS: ■ Third t Terry Richman Peter Abdella First , Fourth (Tie) Cindy Fenichel AndrewWinston , cc nnW ' E.yseLazanski Mary Ann Bobinski Fourth (Tie) JackLuzier Jennifer Sanders wo^ Robert Schnizler Peter Abdella m It Julie Bargnesi v Third Andrew Winston Fourth JohnFerlicca Fifth Peter Abdella Due to the Moot Court Competition taking place after our deadline, an article covering the event will be forthcoming in our next issue. _ — **v i |f^ IT'S NOT TOO LATE TO SWITCH TO PIEPER 'v lJel J#O l JJ\ - PIEPER BAR' REVIEW COURSE ENROLL NOW tO Save a Seat in the UVE course! view course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check) and you will receive a dol.ar for dollar credit for up to $150 toward your tuition in the PIEPER BAR ENROLL BY December 1 and Save $125 Total COSt Only $700! (gke — MpRE Course at no additional cost in March, August or November. pLACE! SAVES ENRQU review. For more information see your Pieper Representatives or telephone For more information see your Pieper Representatives or telephone (516) 90 WHlis Avenue, Mineoia, New York 11501 i I STUDENT DISCOUNT $125 So, you've made a mistake. If you were lured into another bar review course by a slick sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar re- 747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. r registration W.THOUTLOSSOFDEPOS.T. . r II 11 ™l (516)747-4311 p|ERER . YORK MU|J|STATE BAR REVIEW, LTD. 90 Willis Avenue, Mineoia, New York 11501 November 13, 1985 Opinion 9 �MULLIGAN'S Mulligan's Brick Bar 229 Allen Street 886-9883 by Timothy Burvid Allentown, that small sector of downtown Buffalo which fancies itself a mini-Greenwich JIMMY MAC'S Jimmy Mac's 555 Elmwood Avenue 886-8112 crowd were actually plastic ferns. This seemed an appro- by Kevin O'Shaughnessy Jimmy Mac's is a good little corner bar. except on Fridays. By eight o'clock on Friday Jimmy Mac's is teeming with the downtown professional crowd. Although the bartenders provided excellent service (I barely had time1 to eavesdrop), the sea of suits pushes this corner bar beyond its limits and possibly the fire codes. Throughout the night my re- living things for fake living things. t learned two important things from watching the meat market: the proper way to use . . search assistants and I had our backs to the wall. The professional chatter ("I just had a conference with my accountant; this tax bracket is killing me." .'. "I'm torn be- buying or leasing.") drowned out the background cirmusic, an appealing tween cumstance given the music: the "Saturday Night Fever Soundtrack." Feminism, as far as most of the male patrons are concerned, is non-existent on Fridays at Jimmy Mac's. Some female patrons explained that a meat market atmosphere pervades Friday nights. The professional chatter ("Come here often?") substantiated this, as did an interview with a rather unenlightend fellow who referred to women as "targets" (Dr. Calling Dr. Freud). Freud The prices at Jimmy Mac's are moderate: $.95 for a Michelob draft, $1.10 for Labatts draft. One of my research assistants noted however, that the beer mugs are among the heaviest in the free world. After a few mugs (with my arm tiring), I noticed that the "plants" hanging above the .. priate symbolism for a majority of the downtown crowd: fake a watch and order a drink. For the watch, place the index and middle fingers firmly upon the top of the wrist. Slide the two fingers up the forearm while pulling the wrist towards the body stopping with the elbow at a 90 degree angle. Repeat this process periodically to develop the impression of a person "on the go," or to display an expensive watch. The proper mechanics for ordering drinks are equally pretentious. But due to the excellent service at Jimmy Mac's as compared to other bars, this is not as great a test of polished style. Place hip firmly against the bar leaning slightly forward. The crucial point is the subtle attracting of the bartender's at- tention. There are two methods. Point a finger or currency at the bartender, but never wave or gesture. Let the help find you. The more masterful technique is merely to point at your empty glass. Remain as placid as possible. Never "work" for a bartender's (or anyone else's) attention. I'll probably go to Jimmy Mac's again. Its near my apartment (the most popular reason given for going there). I'll avoid it on Fridays; I'm a claustrophobic drinker. But if you find yourself at Jimmy Mac'son a Friday, take my advice: Don't wear a suit; you might be mis- taken for a plastic fern. Village, is home to Mulligan's Brick Bar. Historically, Allentown has been populated by artisans, writers, and general advocates of the Bohemian lifestyle, and is the site of the internationally famous Allentown Art Festival in June. While the neighborhood has always had to contend with intermittent crime, it is now challenged by a full-scale Yuppie invasion, seeking to take advantage of the architecturally rich, Victorian era homes, to the accompaniment of skyrocketing real estate and rental costs. Mulligan's Brick Bar, once a part of a trinity of Mulligan's bars, is not a "neighborhood" bar; the great majority of patrons arrive by car. Nevertheless, it is an anchor in the community, and, to the chagrin of some of the older residents, draws in thousands of custom- ers a week. The Brick Bar is not a cafe. It is not for the meek at heart. It is a carnival, where hundreds of patrons squeeze into the long, narrow bar with only one thing on ther minds: drinking. cert posters, a multi-colored stuffed elephant's head, a large assortment of memorabilia suspended above the bar, a few video games, the Brick Bar is basically four walls, a ceiling, and a floor in a sound old building where young people consume alcohol, listen to rock and roll music, and run into old friends. More than most places, it relies heavily on regulars, of which there are plenty. The Brick Bar does its briskest trade on Fridays, Saturdays, although and Mondays, a ladies' night on Thursdays is beginning to attract fairly good crowds. Its "Rock and Roll Mondays" is Buffalo's longest running weekly tradition, they claim. The big attraction on Mondays is oldies music and, of course, beer by the case (0.V., Matt's, and Stroh's), although normal sized portions are always available. Curiously, even on weeknights, there is plenty of room to move about until around 11:30 p.m. when regulars from places like South Buffalo begin their weekly hegiras downtown. By 1:00 a.m., however, when the bars in most of the rest of the known world are already closing up shop, the nocturnal Happy Hour at Mulligan's is just beginning, and occasionally one has to wait in line. The Brick Bar is a downtown institution, even though its fifteen years of existence is a relatively short time. It is regularly visited by Bud, the Allentown shoeshine man/button sales- BRE AY U E man, lending further credibility to its institutional status. Some BRICK BAR of the people one encounters on a Monday night have been there since the beginning. While the average crowd is between 18 and 28, there is no typical patron. Punks, politicians, professional athletes, and even parents stop in. Don't try to make any connections here though, kiddies, these people are hereto drink also. No one will remember you anyway, unless you wear your in- terview suit, in which case you're liable to get beat up, especially if you start shooting off your mouths. The best way to experience the Brick Bar is to round up as many people as possible, do something mellow in the early evening like wrestling alligators, and head downtown about midnight. Tell the bartender-how many cases you want. 'Don't draw needless attention to yourself by ordering single beers on your first visit; act like a regular. Then wander on over to any ricrmber of places where you might perch yourself and your beer (stay away from the butcher block, its mine!), lean back, listen to the music, and enjoy the carnival. Steer clear of occasional fights, and save enough money for breakfast at the Towne Restaurant (Elmwood and Allen), but make certain not to order the Greekburger with both Feta cheese and onions, unless you want to substantially alterthe fragrance of your mouth for two weeks. And drink they do, in mass quantities. It seems like every pther minute, the D.J. broadcasts a request for more cases to be brought to the bar. While ordinary bartenders at ordinary bars spend their time mixing one or two drinks at a time, the bartenders at Mulligan's spend half their time opening and selling full cases of beer, the same way people drink them. Buying beer by the case is a novelty that never fails to astonish the uninitiated. There is no dance floor in the Brick Bar. Except for a few conI'lmiin by I »m/4#r.A UA*T &U*Mt 10 t* I Opinion TUt «««fW( >*«*«,ftmtttrue* November 13, 1985 , I J***"7"*** '" ) PHMMirmMmUMI. Paul Hammond | """'^"■ [ S*»»*MIY~. I -7 NNMW tWWOMU I - . 1 �Proxy Voting Questioned continuedfrom page 6 tion was most definitely not moot last spring, when one absent SBA member "gave" another member full authority to vote for both of them. This took place at the mega-controversial budget meeting, where including the several votes — $1,000 cut in funding to The Opinion-r-were decided 10 to 9. The proxy voting only added to the controversy. Without question, the Rules Committee should clear up officially the status of proxy voting. If it is to be allowed, it should be incorporated into the Constitution or By-laws. No future matter should be decided based upon a questionable practice. I think proxy statements have no place in a deliberative and representative body, and should therefore be forbidden. As a representative body, each SBA director is supposed to represent his or her constituents. All directors have an equal voting power. But with a proxy vote, one director may have twice the voting power as another. And as a deliberative body, SBA only takes a position on a matter afterdiscussion and consideration ofthe viewpoints ... of others. How can an absent member vote on a subject without benefit of this discussion? SBA proceedings—to their credit—tend to be somewhat informal. Motionsare proposed more or less on the spot, and often can be understood only within the context of the surrounding discussion. A written statement indicating a willingness to vote a certain way on a certain matter may be off point when the matter is actually brought to a vote. And needless to say, all us budding young' lawyers can have a field day "making the argument" that a written proxy does or does not result in a certain kind of vote. Finally, proxy statements can only encourage absenteeism. SBA members this year have had fairly good attendance records, but nothing should be done to discourage this excellent record. A second issue appropriate forRules Committee interpretation was also raised at the November 4th meeting: when is an issue decided? When can it be "reconsidered?" According to Robert's Rules, once an action has been taken, it can be reconsidered only at the same meeting. But Cohen has said that SBA often reconsiders an action taken at its previous meeting. Clarification is required. When SBA makes an appointment or an appropriation of money, the finality of the action (or lack of it) should be clear. Maybe the power to reconsider a subject should be reserved by SBA. But this power ought to be formally layed down. Perhaps there should be a time limit on such reconsiderations. And the people involved definitely deserve timely notice of the possibility of reconsideration. SBA operates somewhat informally. But many students and student organizations plan their activities based upon SBA decisions and procedures. Where there are areas of potential future conflicts, such as proxy voting] and reconsideration votes, formal guidelines should be proposed by the Rules Committee and approved by SBA. Editor's Note: SBA Rules Committee Chairperson Susan Biniszkiewicz intends to discuss the matters of proxy voting and motions to reconsider at the next meeting of theRules Committee. Chapus Comics By A little bit of this . . . A little bit of that. . . By Chapus Comics LatkO Nominations are currently being taken for the Henry Luce Scholarship, a prestigious award open to law students interested in an intensive experience in Asia who otherwise never have contemplated such in-depth exposure to Asia. Prior experience or education in Asian studies is not required. In fact, it will result in ineligibility since the scholarship fund is looking for non-specialist students. For more information or applications, contact Barry Boyer, Director of Baldy Centerfor Law and Social Policy at 636-2102, or William C. Barbara, Assistant Dean, Division of Graduate and ProfessionalEducation at 636-2939. REVIVAL OF LAW SCHOOL YEARBOOK MEETING Monday, November 18 at 3:30 p.m. Room 724 (The Opinion office) All interested persons are urged to attend. If unable to attend, leave note in MB. #754. RESUME SPECIAL! FOR STUDENTS & FACULTY PACKAGE OF 50! Includes The Central Park Grill MONDAY WEDNESDAY , Shakin Smith JAZZ Open Mike and his AnythingGoes! JAM Blues Band THURSDAY FRIDAY SATURDAY lOC Wings 50c Drafts FISH FRY SUNDAY $1.00 Bar Drinks t o or: va **- $3.00 Pitchers Seasoned To Fit Your Taste 2519 Main Street "A real bar and grill" KITCHEN OPEN TILL 2 A.M. This ad entitles you to one free draft or one barmixed drink with each food ttem purchased. Limit one per customer. Expires 11/26/85 • TYPESETI pg. RESUMES (e%xll. black Ink) • 50 MATCHING BLANK SHEETS •50 MATCHING BLANK ENVELOPES «*«• / NOW §@E§§ CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! - 3 DAY SERVICE SAVE *5M NOW! Coupon mutt be presented, expires 12/31/85 3171 Main Street Buffalo. NY 142 Serving North 4 South Camputetl 1676 Niagara Falls Blvd 835-0100 M Tonawanda. NY 14150 834-7046 November 13. 1985 Opinion 11 �LITTLE KNOWN TORTS During our years of researching dusty, dank, dingy law libraries and other known (and even some unknown) niches and crannies in search of potentially bizarre bar exam questions that might be sprung on unsuspecting students, we discovered certain "little known torts" that have yet to appear on any exam. As a special student service, we thought it only fair to bring one of these unknown torts out in the open, just in case. As Peter Pilgrim was disembarking ' ttUflSff from the ship, the wet Private P«t«f Pilgrim in turn sued Captain C Way for negligence for allowing him to disembark on the wet gangway. § Capuin C. Way in turn sited Far Flung Funships (owners % *•*'%£■ 1 KXMmmm^f ' ' ' > »^6 J *^^*^i^™j|. .; - ■ mail :i ... to your nearest KNOWNTO,TS " ■. , JK^2S?'*'(P**^lKl'**Je^^B*i(; )lfeK*i» josEPHsoN/KLuwER office Sk" i^^^^»" % jßaßWrf* ' ' 1 Michigan office ygy°™> To~n Ww, ; 15565 Northland w,. Souttuielo, Ml 480 75 . , Rulm, Aruvvw rnujfiw poMKxUd no low Ihon Novwnbet 29. 1985. The 525.00 $25.00coupons > D^lbT'.6,'iSsS'SS;3U9^lo^^b.tlrd oTFAa YAiSE price bo discountfrom the course and NOT odeducnon-troralerabl«.Mo cosh redemption o«co^p««ud«ior U»onßa.R«^«N«i«a»w«k*oP lion from required book deposits/down payments. Coupons ore M ' ■ "/HI K\'C ft£ t B9l||^ little Miinumant »A *K» clnru _J fl * J— (3i3) 5597606 new YC«lt OfHCE htowYoH., NY « l, <*,7) i475 2 MINNESOTA OFFICE 1821 University Aye. S-137 St. Pout, MN 55)04 1 (6 2| *» NJ PA C \T\7 1 !.*»«/ i. X \ Zi NY Clumsy. □ Chief Chuckie Cheez was held liable because he knowingly placed the dinner table too close to the ".linrMwv" TOCK. Slippery rrtMr 1212)505-2060 Sq * □ Private Peter Pilgrim was held liable because he was 10010 arrcrrtM n([irf worth $25 off a JoseP* so«^J»*« Answers (check one) |415| Z 'P 13 lUJWI # Oh, and that's in addition $75 to the current fall discount of 195 l29Hyd«Slre.l coupons willb* mottid to the studentupon receipt 61 correct onswer. Oninfon FI son FrorKisco, ca 94t02 City >~"y 12 o^a«°l « NORTHERN CAUFORNIA low school Pleose enclose on applicotion for: D Bor Review Course- State a Multistate Workshop tj> yOU i. ONIY. In oilcom. Hie coupon I by November 29,and it matches the Judge's, we'U lend AddreSs s,a,e :.*#■&. ' milt -™*. *S wßr i fet «BWWP«Iy- WW» flymouth Rock disembarking place since it was moss encrusted and was V :'■■«]: / ; BJllte ~. U mxmmmm fJL 1 DAJI parties were held to be partiaUy at fault and ordered to si. down at a dinner table and to "give thanks" that ■ no SCHOUS damage WaS done and tO Celebrate the momentous occasion at least once a year. £ZH � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-11-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/776ebaa3d739f429fcbc573646aa8bd9.pdf 620bddd6084724ffecdd55d850f74138 PDF Text Text Law Students Granted Private Parking by Victor R. Siclari In an unprecedented action, the State University of New York Board ofTrustees voted 5-4 on Tuesday, September 29, to designate for the exclusive use of law school students the new parking lot located in front of O'BrianHall and adjacent to the new Social Science Building. According to UB President Steven B. Sample, the trustees had been considering this action for several months but did not want to disclose it to the university community. "They feared that if the undergraduate students became aware of this plan, there would be protests and rallies in Founder's Plaza and possibly even occupation of the State Capitol in Albany," said Sample. Sample also said that there was not any cohesion on the issue. "The board of trustees was undecided on what action to take up until the last minute," said Sample. "The slim majority shows that the vote could have gone either way. For this reason, the board did not want any undue prejudicial weight to influence their votes." The trustees, however, left enforcement in the hands of the law students. In response to this grant of authority, the SBA formed a Parking Committee to ensure that the lot will be utilized only by law students. The committee is soliciting volunteers to guard the entrance for one hour time slots on a rotational basis. The committee estimated that if there is a 24-hour guard, seven days a week, that would total to 168 time slots each week. Thus, if each law student serves one hour in rotation and there are over 840 law students, then each student would have to guard one hour once every five weeks. Committee Parking pointed out, however, that realistically the parking lot would not have to be guarded twenty-four hours a day, so each student would have to guard only twice a semester. Any student who does not want to serve guard duty would be foreclosed from parking in the The lot. When John Henry Schlegel, acting dean of UB Law School, was asked his opinion on the trustee's decision, he replied, "I think it is great for the students, especially the idea of having the students having a self-executing body of government. But what about the law school administration and faculty? Don't they deserve designated parking spaces also?" Schlegel further expressed his disappointment, saying, "Hell, there are ways around this, you know. We have professors who teach Legislation. Law in Context and Judicial/Conjstruction. It is their job to deal with issues like this—to determine the intent of legislative bodies." When Schlegel was questioned as to what he meant by this, he responded, "Professors are always doing research. And the administrators around here are learning something new every day. Thus, professors and administrators are includable in the category of students. So, since I'm a professor and an administrator, I'm also a student. Ergo, I get to park in the parking lot." Schlegel then let out a bel- low and walked away, amused at himself. A colleague, who was listening to Schlegel's remarks, was asked his feelings about the action of the trustees. The reply was, "Who do those conservative capitalists think they are? Supreme Court justices? I don't care what they say, I'm going to park in that lot. Let them charge me with a parking violation. I'll have my attorney take care of that, too." Law students, on the other hand, were receiving the news with more enthusiasm. SBA President Lori Cohen seemed to sum up the students' feelings when she said, "We pay more tuition and carry heavier, more expensive books than the undergrads. Why shouldn't we get some perks." When one law student was questioned as to whetherhe felt it fair that the parking lot is reserved exclusively for the students while the faculty has to carry heavy textbooks and compete with the undergraduate students for parking, he said, "Believe me, the way some of the professors teach around here, I question whether they ever use books, let alone carry them. And some are so spacy, they can float to their cars." Another student attacked the action as a ploy of appeasement. She said, "The trustees think that by giving us a parking lot, we are going to forgive and forget that O'Brian's roof has leaked for the last five years. Or the fact that the under- graduates run amock in our library .|Or about all the traffic in O'Brian Hall. Or the way those introductory math classes take over our Moot Court Room. Well it just ain't so. Just because they grant us one right (and this is a right, not a privilege), doesn't mean they can violate all of our other rights." Those students who wish to reserve a space in the new parking lot must first sign up for a time slot to guard on the sheet posted on the door of the SBA office, 101 O'Brian Hall. Parking spaces will be alloted on a firstcome, first-serve basis. THE OPINION Vol. 26 No. 4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 30. 1985 NewLaw School Dean Finally Chosen by Jeff H. Stern Faculty reaction to the selecThe search for a new law tion of the clone as law school school dean came to a dramatic dean was one of nearly unaniconclusion last week when mous approval. "The clone is by Search Committee Chairman Joseph Alutto revealed that a genetically engineered clone of former Dean Thomas E. Headrick has been selected as dean. This clone, which has been dubbed "Dean Headrick II," is expected to be on the job "by November Ist," pending final approval by University President Steven B. Sample. "The Committee basically decided that the only candidate who could fit what the Faculty Clone addresses faculty after being named Dean was looking for would be a dufar a better dresser than some Headrick," Alutto plicate of of those clowns the Committee said. "Cloning Tom was the obinterviewed here last semesvious solution." Alutto said that although the ter," Professor Charles Carr said. "One of those dudes had plan to reproduce Headrick had the bad taste to show up for his been conceptualized "almost in a polyester suit, interview after the former immediately" and another even neglected to dean announced his intention to resign, it was kept "strictly pin a fresh rose to his lapel," Carr exclaimed. under wraps" until UB genetiProfessor Alan Freeman and certain project were the cists would be a success. In the Betty Mensch were visibly pleased with the Committee's meantime, the Committee had decision to appoint a replica of to "maintain at least a Headrick to the deanship. "The utilizing of more semblance clone, like the original Headrick, traditional methods" of replacwill allow us to jointly teach ing a resigning dean. Initially, the scientists at UB whatever we want," they said in unison, noting that they alSchool of Medicine experiready have been given permisenced a number of serious setbacks which nearly led them to sion by the clone to teach a abort the cloning operation, course called "Furniture (and Alutto explained. The major the law)" next semester. "Only breakthrough occurred last a very open-minded and policy oriented dean like the clone month when researchers discovered that it would be possible would recognize that furniture to successfully clone Headrick of all kinds have legally and morally cognizable rights, just using cells taken from the sursynformer nose. like people," they of the dean's face . questions concerning the propriety of man's discretionary use chronized. Professor Lee Albert, how- ever, expressed reservations about the practice of cloning. "From the vantage point of medical technology and genetic engineering, the cloning of Dean Headrick is a truly asand tounding remarkable achievement as the notion of cloning was at one time regarded in medical and scientific circles as a rather ludicrously farfetched one, however, notwithstanding the success, the University, in deciding to clone a former dean and appoint that clone to the position previously occupied by its progenitor, sets a rather odd and dangerous of his medical and scientific ex- pertise to alter the course of natural creation, not to mention of course the ominous specter of tyrannical leaders ordering themselves cloned in an effort to perpetually remain in power," Albert rambled while doodling over his shoulder on Schlegel: Volga Boat Songlyrics elusive precedent of, if you will, "playing God," as it were, which in and of itself raises some rather disturbing ethical and moral a chalkboard. Acting Dean Schlegel expressed relief when he heard the news that the cloning project was a success. "Now that I will be relieved of my duties as Acting Dean, I can concentrate on being Acting Professor," continued on page 15 Joyce Extends Sabbatical by disclosing the truth to the stu-/ dents, the administration has been maintaining that Professor Joyce is on sabbatical in Albany revising New York's wills and trust code. Victor R. Siclari It has just been disclosed to The Opinion that Law Professor Kenneth Joyce, who teaches courses in taxation and gratuitous transfers, is being held captive by a terrorist group. The subversive group. Require Expedient Grading System (REGS), will not release Professor Joyce until the UB Law School administration requires all professors to grade examinations within one monthof the test date. REGS decided to kidnap Professor Joyce and hold him hostage when President Reagan made his new Tax Simplification proposal to Congress. REGS believed that if they did not act promptly to ensure that Joyce's tax exams were !*<*> ( rrdils: VictorSfcferf Joyce: Held captive. graded, the administration would allow Joyce to forget about ever grading the exams because the answers would be moot under the new tax code. Apparently, the UB Law Schooladministration has been aware of this hostage situation from its inception but has been surpressing the information from the students. Instead of The administration has done so with the hopes that the hostage situation would be resolved in its favor before the fall semester began. However, the administration miscalculated Reagan's ability to have Congress swiftly pass the new tax code. In an unexpected turn of events. Congress reacted unfavorably to Reagan's tax proposal and forestalled its enact- ment. REGS were able to ride on the coattails of the Congressional continued on page 2 �CunningLaw Professor is Two People by T. Burvid An amazing, chameleon-like master of disguise has been holding two jobs at the UB Law School, pretending to be two different people. Cleaning woman Beulah "Sudsy" Howard revealed today that she has been hired on numerous occasions by a Mr. Freeman Mensch to imitate law professor Elizabeth Mensch, when she and the chameleon's alter ego, Al Freeman, have to appear in the same place at the same time. A discontented Beulah explained: "I get paid minimum wage to make these appearances, and that phony gets to collect two salaries." Students first began to suspect that Freeman and Mensch were one and the same person when they spotted him sneaking into the ladies room carrying a wig, a dress, a pair ofknee socks, and a large pillow. Noted one student, "Sometimes in our Animals and theLaw seminar, if they appeared together, Mensch would be strangely silent, carrying her books in a bucket. Other times, Al would go to the bathroom, and several seconds later, Betty would show up and vice versa. Often his beard would be crooked, or 'he would forget to put the pillow designed to simulate Betty's pregnancy in the wrong ringmaster, as well as all the acts. Then he decided to become a law professor, or rather two professors, and applied for the jobs at ÜB. Since the law school was interested in inter- Irtimim in his circus days place." Freeman Mensch explained that he first got the idea when he operated a one-man travelling circus in the Deep South. He was able to play the disciplinary scholars, he was hired because of his circus experience, not because of any legal training (although it is rumored that he once attended hairdressing school as three people, cleaning up in financial aid.) Said the professor, "The way I see it, even holding two law professorships does not result in a forty hour work week. Also, get numerous tax advantages." Freeman Mensch said that he doesn't mind if his charade becomes public, because now both professors are tenured and cannot get fired even though they voted for I each other. Calling himself a nutty professor, he said that he has no intentionof ending the charade. "I enjoy cross-dressing immensely, and this way I can get paid for it to boot." He explained that he was able to continue the game for so long because he kept devising more convincing costumes. Joint seminars were perfect for throwing people off the track, and the presence of both proaccomplished fessors was through the use of mirrors. Then they moved to a room where they couldn't use the mirrors, so they had to recruit Ms. Howard, who reasoned, "If the cheapskate had given me a bigger cut, I would have played her forever. In fact, I've always been interested in Animals and the Law." explained Mensch that Betty's pregnancy was a last ditch effort to convince the community thathe was two different people. "I should have used a better pillow," he said shaking his head. Law School Dean Schlegel condemned the practice on the grounds of basic fairness. "What's to stop me from donning a backless dress and a wig and becoming a high-priced fashion model, while remaining here as dean? Why shouldn't I be able to be a plumber, a nun, or a football player, if my time is the only limitation? Why? Because it's morally wrong for someone to be two people when others are having a hard enough time being one. There just isn't enough work for greedy people like that." However, enquiring minds should ask themselves if they're ever seen Schlegel and Cleo together? Law School UnderAttack by Unknown Invaders by C. Telford Amid previously suspicious rumblings, a huge tunnel-like aperture has suddenly appeared in the basement of O'Brian Hall. Although no Once again, University maintenance was able to stem the tide of this possible invasion, but one must wonder how long these brave efforts can continue on the part of maintenance personnel. In the past, the appearance of unexplained holes and openings throughout O'Brian had fatalities have as yet been re- ported in connection with this as yet unexplained opening, last week the entire freshman class of the law school was reported as missing. Coincidently, it is these unfortunate individuals who frequent the O'Brian basement area to get to their lockers. In previous years, other unexplained apertures have mysteriously appeared in numerous locations throughout the law school building. Until recently, the roof of O'Brian was a virtual moon-scape due to its many crater-like openings. Fortunately, an emergency crew been Suspniirmlurrrmiuhl sunning on nnif. was dispatched by University the 1984 winter break, while maintenance to remedy this most students were thought to horrifying and possibly dangerbe conveniently on vacation or ous situation. otherwise disposed of, another In addition, the law library opening mysteriously aphas not been without its unpeared in one of the walls on the second floor of the library. explained occurrences. During Leave of Tax Professor Extended i-imlinuetl from pane I discontent towards Reagan's new tax proposal and convinced Professor Joyce to grade his Tax I exams by reasoning that the answers to the tax exam will not be moot as long as Reagan's tax proposal is not passed by Congress. REGS then made Joyce's Tax I grades available to the students last month in attempt to put further pressure on the administration to concede to their demand. This has caused fear in the UB Law School administration that REGS will be able to coerce Joyce to also grade his Federal Taxation II exams within the very near future. If REGS is able to succeed in this endeavor, the administration is afraid that REGS will be able to instill fear in all the law professors that they also will be held captive if they do not timely grade their course exams. And if that happens, there will be conformity H. Schlegel. When asked how he planned to handle the situation, Schlegel argued arduously for the freedom of the professors to be individualistic. "Every professor has a right to perform his or her teaching duties in the way he or she feels would be most productive. If that means that the. professor dislikes grading exams, well, then this institution will not force the professor to grade them," sard Schlegel. Schle,gel added, "The purpose of the Buffalo Model is to provide an outlet for critical legal analyses. I personally will not permit a teacher's freedom of expression to be inhibited by forcing him or her to grade exams. If REGS wants timely grades, let them pay a private institution for this privilege." On the other hand, law students voiced their discontent about the way professors are given too much leeway at UB Law School, whereas in other institutions professors have their pay withheld until they submit the late course grades. One student who is currently taking Corporate Taxation was in the law school, thus posing a serious threat to the Buffalo Model. When The Opinion became aware of the hostage situation, it confronted Acting Dean John concerned about the conseOpinion October 30, 1985 2 quences if he failed Tax II with Professor Joyce. The student said, "It's like I'm a Monopoly game piece in which the faculty and administration are the players. Does this mean I don't pass 'Go'? Do I go directly to 'jail'? Or is it like I have a "Get Out of Jail Free card?" Another student said every time he interviews with a prospective employer, look at him in disbelief when he tells the interviewer that he hasn't received his tax grades from last year. "They inevitably think I got an "F" in my tax course and I whited-out the grade on my transcript," he said. "It's about time something is being done to correct this situation." Other students were not so pleased at the hostage situa- "I know I failed Tax," said one student. "I don't ever want my exam to be graded. I was hoping everyone would just forget about the grade and let me graduate without it." The terrorist group has asked that anyone interested in supporting their cause to call their hotline at 1-800-TAX-REGS, that is 1-800-829-7347. tion. shrouded in mystery. More recently however, these bold hole drillers have moved their operations into public view with their attempt to invade the spine with a huge second floor aperture. For now, this new invasion corridor remains boarded and appears to be secure, but who knows what unspeakable horrorslie beyond this new, and unexplained O'Brian penetration. As of now, no credible explanation has been given to this reporter for the appearance of the numerous holes throughout O'Brian. One administrator who spoke on the condition that he not be identified, commented, "The mole-man from outer space theory has been kicking around here for years. Who knows what abominations of nature inhabited this former swamp land' before the con- struction of the law school." This source went on to state, "I've never seen any giant moles or even mice, but there are definitely some suspicous creatures hanging around the law school building at night." University officials have promised to investigate this unexplained hole phenomenom. As one source put it, "Something has to be done soon; this whole place is starting to look like a giant chunk of swiss cheese." Comics By Chapus �THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW V01.26 No. 4 October 30. 1985 Professors Debate Over World Hunger Solutions by Lisa Patumbo On Saturday, October 19, a symposium on World Hunger and the Law was held at SUNY used the recent death of Mr. Leon Klinghoffer as an analogy. "His death was an offense to the values we all have", said Professor Alston. "Why don't we feel the same moral outrage towards the fact that some 500 million people are starving in Buffalo. The conference was a student-organized program, sponsored by the International Law Society, the Graduate Group on Human Rights Law and Policy, the Erie County Bar Association, The Baldy Center for Law and Social Policy, and Women Lawyers of New York. The conference began with a debate on whether a right to food exists. Speaking in favor of the right to food, Professor Philip Alston for the Fletcher School of Law and Diplomay the world today?" Professor Alston attributes this to a degree or feeling of helplessness, and that people tend not to characterize hunger problems as political problems. "Hunger is a matter of choices. We have chosen to sanction a social system which allows hunger to exist." Professor Alston the study of famine by an historian who concluded thatfamine is a man-made event which centers not around a question of inadequate amounts of food, but rather around a lack of access to food. In legal terms Professor Alston noted that human rights are recognized when there is a political feeling where non-recognition is intolerable. Those rights have to be recognized and entrenched in some way. "Hunger is asking for a human rights response, and the mere recognition of the right to food has major significance", sais Alston. explored Professor Ellen Paul debated Professor Alston. She is Research Director of the Social Philosophy and Policy Center in Bowling Green, Ohio. She characterized herself as a "political philosopher." Ms. Paul's approach examined the real world i.e., and then first, practice examined the theoretical'"ap- proaches to world hunger. According to Ms. Paul, if a theory has bad consequences in its application then the theory is bad. Her case studies examined the United States, the Soviet Union, Eastern Europe, China and various African Nations. By analyzing the agricultural sys- terns of these nations, Ms. Paul concluded that "the closer a country is to a centrally-planned economy, the closer we get to starvation; the closer a country is to a pure market economy, food allocation is the best." Ms. Paul considered the right to food as "furious" because it negates other men's rights, and it ignores Man's nature and his motivating principles. Ms. Paul responded to a question from the audience that, apart from an economic approach to world hunger, the hunger issue presently is an issue of charity not justice. lontinueil on put>i' 7 Moot Court Mix: First Amendment and AIDS by Peter Scribner Over sixty teams of two students each are participating in this year's Charles S. Desmond Moot Court Competition. Final briefs from each team were handed in last Friday, Oct. 25. The brief writing exercise is the The questions presented by the problem are: 1) Is the reporter's source of information privileged by the First Amendment of the Constitution? 2) Does the reporter have standing to challenge the constitutionality of the sodomy statute? 3) Is the sodomy statute constitutional?, ,,, first half of the Moot Court Competition. Oral arguments commence Nov. 4. The 1985 problem involves the first amendment rights of news reporters and the constitutionality of sodomy statutes. "Dale Hastings" a reporter for the "Liberty Guardian" (a daily newspaper located in the state of "Huxley") received confidential information about the presence of a large number of homosexuals on the local police force. The reporter refuses to reveal in court the source of his information, claiming a reporter's right to his confidential protect sources. He also refuses to disclose the actual names of police officers mentioned in his articles, since they would be sub- The Huxley statute is worded like the New York statute declared unconstitutional by the Court of Appeals in People v. Onofre, 434 N.Y.S.2d 947 <1980). * The preliminary oral argument rounds will take place over a three night period begining Monday, Nov. 4. Rooms have been reserved in O'Brian, Bell, Clements, Baldy, and even Fronczak Halls to stage the arguments. Panels of three to five local attorneys and judges will act as the United States Supreme Court in hearing the arguments. Over 400 volunteer attorneys alumni. Each team will argue a total of three times (once each night), and will argue a position opposite to that which they took in their brief at least once. Participants will be rated by the panel individually, and will be scored depending on the effectiveness of their advocacy, not on whether the panelist agrees with the legal position advocated. The two opposing teams will split an hour of "court time" to make their presentation. Other students will act as court clerks and keep time. Afterwards, the panelist will score the participants, and may offer comments on the process. There will be two rounds of arguments on each night of the preliminaries, one beginning at 7:00 p.m. and the second beginning at 9:00 line and criminal prosecution due to their gay activities. are needed to staff these panels. Most have participated in the Desmond Competition before and many are UB p.m. Visitors are welcomed. After the final round of prelininary arguments on Wednesday night, Nov. 6, all participants repair to the Scotch and Sirloin for serious relaxation while the Moot Court Board tabulates the last scores. At that by Peter Scribner must go before the Finance Statement jected to departmental discip time, the eight teams who will go on to the quarter finals will be designated. Winning scores are based 40% on the the team's brief and 60% on the results of the oral arguments. The team pairing for the elimination rounds is traditionally done by a seeding system, similar to a tennis match. First year students who may be interested in participating in the Desmond next year are especially urged to help out as clerks for the oral argument sessions. Anyone interested in clerking is asked to leave a message in Karen Vance's mailbox (#778). On Thursday night, November 7, the four quarter final rounds take place in O'Brian Hall. The winners (based exclusively on the oral argument score) go on to the semi-finals the next night and the finals on Saturday after- noon. Presiding over the panel of judges in the final round will be Charles S. Desmond, namesake of the competition and former Chief Judge of the New York State Court of Appeals. It is expected that his fellow panelists will include Judge Matthew Jason, currently serving on the Court of Appeals; Michael Dillon, Chief Judge of the Fourth Department Appellate Division of Supreme Court; Delores Denman, another Fourth Department Judge; Michael Telesca, United States District Court Judge in Rochester, and UB Law School acting Dean John Henry Schlegel. The final round is scheduled for Saturday, Nov.9, 2:00 p.m. in the Moot Courtroom. There will be a cocktail party in the faculty lounge following the final round and all in attendance are invited. That same evening, there will be an awards banquet held at the Holiday Inn on Niagara Falls Blvd., sponsored by the UB Law School Alumni Association. There is no admission charge for participants and clerks. At that time, the semi-final and final round awards will be presented, as well as special awards for the top five briefs and oral presentations. SB A Charters Entertainment Law Society Again The Student Bar Association chartered and funded the EntertainmentLaw Society at the October 14th meeting. The Society use to be active up until 1984, but then its charter lapsed. Leslie Schuman, a representative of the Society, came to the SBA meeting and reported thatthere are at least 20 members of the Society this year, and that they are ready to be chartered again. The charter was granted without opposition. Schuman also requested funding of $200 from unallocated funds. The money would go towards securing speakers for the club, subscribirfg to magazines, and office supplies. $200 is a standard initial funding request for student organizations. Normally a request for funding for a student organization Committee. But as of Oct. 14th, SBA still hadn't created a Finance Committee. The SBA therefore considered the request forfunds directly. H.Todd Bullard, SBA Vice-President, questioned the informality of this funding request and approval procedure. While he had no qualms about funding the Entertainment Law Society, he noted that other more controversial groups have requested money from SBA, and that an informal approval procedure at this time might set an improper precedent. President Lori Cohen said that the Society has in fact met all the procedural requirements set up in the SBA Constitution and By-laws. The SBA unanimously approved the funding request contingent upon the Society presenting a proper of Purpose at the next SBA meeting, scheduled for October 28. In other business, the SBA approved $75 to reimburse Danny Figueroa for a trip to a Hispanic Bar Association meeting in New York City in August. $75 is a standard reimbursement figure for trips to meetings and conventions by law students, although Figueroa reported theround trip plane fare for his trip exceeded that amount. Roy Mura requested funding for two receptions to be held after the Mock Criminal trials to be staged Oct. 23 and 24 by Sec- tion I of the first year Criminal Law class. The SBA approved $75, but requested that next year efforts be made to open the mock trial to all first year students. Mura reported that while Professor Ewing of Section I was an enthusiastic supporter of the mock trials, the other first year Criminal Law professors were uninterested. One SBA member reported that there were complaints of too many SBA members being appointed to law school committees. President Cohen noted that in fact more non-SBA members were appointed this year than ever before, and that no SBA members were appointed to the most popular committees. Vice President Bullard brought up his idea of creating Forum, Student-Faculty a where students could meet with faculty members and present ideas about, and complaints with, the way the law school operates. After some discussion, which was generally favorable to the concept, the idea was tabled until the next meeting. The Opinion has learned that SBA Vice President H. Todd Bullard suffered a mild heart attack last week, and was taken to Buffalo General Hospital's Cardiac Care Unit, where he was in satisfactory condition at the time this issue went to press. The Opinion wishes Bullard a complete and speedy recovery. Students can drop off "Get Well" cards for Bullard at the SBA office, Rm. 101,0'Brian Hall, or at The Opinion office, Rm. 724. October 30. 1985 Opinion 3 �Graduate Human Rights Group Meets by Jeff H. Stern The newly created and recog- nized Graduate Group on Human Rights Law and Policy conducted its organizational meeting Wednesday, October 9th, in the Faculty Lounge, O'Brian Hall. The meeting, which was attended by about 40 interested people, featured introductions by the Group's Director, Law Professor Virginia Leary, and Graduate Assistant, third year law student Alberto Benitez, which provided information about the Group and its future plans. Afilm dealing with the impact of United States military involvement in Vietnam and El Salvador in the civilian populations in those nations was shown to introduce some of the issues with which the Group is concerned. Afterwards, wine and refreshments were served, over which several small groups of people discussed their interest in human rights. Leary said that the Graduate Group was created to serve as "a focal point for interest in human rights in the University community." ■ Since human rights issues span various academic disciplines such as political law, science, economics, history and theology, the Group encourages participation from faculty and students from across the University, Leary said. The Group has received fund- ing from the University Administration to conduct lectures, and discussions seminar groups on human rights issues, and to invite guest speakers and show films dealing with various human rights topics. In the coming months, the Group will sponsor discussions on apartheid in South Africa, human rights and nuclear war, theology and human rights, economic development and human the rights, and philisophical considerations concerning basic human needs and necessities. However, the Group's activities will not be purely of an academic nature, Leary emphasized. She said the Group will try to "play an activist role" as well, which includes writing letters to congressmen and utilizing other methods to try to actively further human rights. Most of the hour-long meeting was occupied by the showing of a film dealing with human rights in countries stricken by civil war, such as Viet- nam and El Salvador. The film described an American doc- tor's experience in helping near San Salvador who are routinely subjected to the government's killing ofcivilians in an attempt to eradicate the guerrilla movement in that peasants country. The doctor, Charles Cle- ments, is a Vietnam veteran who was in the Air Force and who later became disenchanted with United States' involvement in Vietnam. At first, Clements believed that he would be defending U.S. interests against a global communist threat, and he did not understand anti-war sentiment. He was a patriotic military mand from a conservative family who believed the government's rhetoric to the effect that "if we don't stop them (communists) over there (Southeast Asia), we'll have to stop them at the Golden Gate Bridge." Once in Vietnam, however, he changed his mind after six months regarding the United States', and his own, role in that country. There, he learned about the true nature of U.S. in- volvement in Southeast Asia. supposedly aimed at killing North Vietnamese soldiers, but which in fact eliminated entire villages, and he himself participated in many of these bombings. He saw the distinction between combatants and civilians break down and he developed a callous attitude toward human life. He came to think about what we were doing in Vietnam when he saw defenseless civilians being killed. As a result, Clements decided in 1970 not to participate in further flying and bombing missions as his "personal protest against the war." He made a personal commitment to nonvolence which later inspired him to help peasants in El Salvador, where he "feared another Vietnam situation was developing." Throughout the film, Clements discussed the harsh realities of U.S. support of the totalitarian Salvadoran regime and intervention in the civil war. It is a country dominated by greedy landowners and lenders, Clement says. The peasants are forced to "either pay 50% of what they produce to landowners and lenders and let and see their land repossessed." Those peasants who try to organize to effect non-violent social change are considered suspicious and subversive and become targets of the rightwing death squads. Clements witnessed numerous government offensives against "terrorist strongholds" which are actually civilian villages suspected of harboring guerrillas. As a result of his experiences in Vietnam and El Salvador, Clements understands the violence against civilian populations living in countries where a U.S. backed government is fighting rebels whose efforts to effect peaceful social change have been thwarted by a government dominated by wealthy capitalists and landowners. This remarkable doctor noted the irony of the fact that while in El Salvador he witnessed daily bombings of villages by the Salvadoran government, carried out by U.S. built A-37 bombers—the same planes he used to fly over Vietnam. Anyone interested in the Graduate Group on Human Rights Law and Policy should contact Alberto Benitez at 636-2549, or Professor Virginia He numerous witnessed "search and destroy" missions their children go hungry, or feed the children another year sion on various legal, devices which can be used when a person is unable to take care of his own personal affairs without assistance, including the power of attorney, agency, conserVatorship and committee. The most common of these devices, the power of attorney, involves a person of sound mind who is capable of understanding the implications of his action signing a statutory form in which he gives away power over various aspects of his life to another appointed person who will act on his behalf. Wilbern advised that because of the implications of talk, a brief recess was taken and sently, there is a bill pending bewas followed by the presentation fore the state legislature, of Mary Engler Roche. Roche adnicknamed the "Death with Dig- Leary at 636-2459. Centerfor Study ofAged Sponsors Workshop by Robert Dinerstein As the proportion of elderly in the American population has grown, more increasingly families have become concerned with how to provide proper care for aged relatives or friends. To the lay person, the legal ramifications of providing care to the el- derly can seem exceptionally complex and confusing. In order to provide more information on this increasingly important subject, the Center for the Study of Aging at the State University at Buffalo sponsored a workshop in conjunction with Caregivers Assistance and Resources for the Elderly's Rela- tives Series (CARERS), which dealt with the legal aspects of caretaking for the elderly. The workshop was held on October 9 at the Jewish Center of Greater Buffalo. The workshop featured presentations by two Buffalo attorneys who have expertise on the various legal aspects of providing care for the aging Beaufort Wilbern from the Legal Services for the Elderly Project, and Mary Engler Roche, an attorney with the law firm of Saperston, Day, Lustig, Gallick, Kirschner and Gaglione. Wilbern gave the first presentation and began with a discus- — Gibson Loses SBA Library Squabble by Peter Scribner relations and attitude toward The Student Bar Association the staff. He stated that he turned down a request by Dean thought he got along very well Ellen Gibson to replace a stuwith the staff members. SBA dent appointed by SBA to the members who had interviewed him for the Library Committee Library Committee.TheSBA inappointment said he had a terviewed students interested in working on Law School comgreed in the interview that somemittees on October 7 & 8, and times he could be "obnoxious appointments were made two and hard to get along with," but that he had many good and indays later. It was at the October 14 SBA meeting that Gibson, novative ideas for improving lithe Director of the Law School brary services. Library, requested that SBA reThe SBA discussed the situaconsider the appointment of tion after Dean Gibson and the one of the four students to the student left the room. It was decided without dissent to affirm Library Committee. Dean Gibson represents the library on the appointment without qualthe committee, whichis chaired ification. It was generally aby Law Professor Lee Albert. greed that the Library Committee Gibson stated that the stuneeded some fresh ideas, that the student appointed to the dent in question had a long hisCommittee wasn't as negative tory of being "abusive" to members of the library staff, as Dean Gibson believed, and, in any case, Gibson would just that he didn't work well with lihave to work with him. It was brary personnel, that he has a "negative attitude" towards the also pointed out that the SBA should review the performance library, and therefore she did not think he would be a producof all committees, and that any tive member of the committee. student appointed to a Law The student was present at School Committee could later the meeting, and disputed Dean be removed by SBA if the apGibson's characterization of his pointment failed to work out. Opinion October 30, 1985 4 granting or accepting a broad power of attorney, it is often advisable to narrow the power of attorney to specific tasks, such as banking. If a person in unable to understand the implications of signing a power of attorney form, a third person may have to petition a court to have a conservator appointed to manage theaffairs of the substantially impaired person. After answering some questions on these protective devices, Wilbern continued her presenta- tion by giving a brief overview of the Medicare and Medicaid programs. She pointed out that since medical care and health insur- dressed certain aspects of estate nity Bill," which would give legal planning which are of special sanction to living wills. The two attorneys then reconcern to the elderly. She started her talk with a discussion sponded to questions from the of recent changes in the estate audience of about 60. The questax and commented that except for tions indicated much confusion, the very wealthy, few people and that people often had been have to worry about the estate misinformed, especially about tax. Roche then explained the the Medicare and Medicaid probasis of the probate process. grams. Both Wilbern and Roche stressed the need for people to Much of the rest of Roche's obtain accurate information, and presentation dealt with the vari- that people who are confused ous aspects of planning to en- should contact an attorney who sure Medicaid eligibility. She re- is familiar with the issues conpeatedly emphasized that the cerning the elderly,. In addition, sooner one plans for the various many social services agencies contingencies involved in estab- provide advice and counseling "To the lay person, the legal ramifications ofproviding care to the elderly can seem exceptionally complex and confusing." lishing Medicaid eligibility, the better. This can become apparent when a person needs to enter a nursing home, but is ineligible for Medicaid because he had transferred property within the last 24 months, in violation of Medicaid eligibility rules. She noted that such problems can often be avoided by proper planning. One of the other topics Roche addressed was the living will, a document by which a person indicates he does not wish to be kept alive by artificial means. Pre- on caretaking for the elderly. Wilbern indicated that her agency, the Legal Services for the Elderly Project, will provide free legal representation on issues of special concern to the elderly to anyone who is 60 or older and a resident of Erie County. CARERS will be conducting other workshops with special interest to older adults in the next few weeks. Anyone interested in finding out more information about these workshops should call Mildred Mezzio at 831-3834. ance are of such major concern to most senior citizens, it is important that they or anyone interested in caring for an aged person be familiar with these programs. Medicare is run by the Social Security Administration and is available to any person who is at least 65 years old or a person who has been disabled for at least two years and is eligible for Social Security benefits. Medicaid is a health insurance BLR program run by the state and county Department ofSocial SerThe following students were sePaul Wessel vices as part of the public assist- lected to the Buffalo Law Review Mfirint Zuffranieri ance system to provide health but their names were omitted in The following transfer stucare to the poor. A person must the announcement printed in the dents were also selected to the have income and resources previous issue of The Opinion: Buffalo Law Review: below a certain level to be eligiBruce W. Hoover Mary Ellen Gunnison ble for Medicaid. Nelson Scott Pierce John Harris At the conclusion of Wilbern's Martha M. Post Michael Reville • Law Review Candidates Inadvertently Omitted �The Public Sector Legal Aid Attorney is Elated Over Job 's Variety by Diane Dean "What really turns me on when I'm trying a case—it sounds awful—but I like the variety, the opportunity to act. Trials are very creative, active, scholarly. I even like running around andserving subpeonas. Except the time someone ran after me with a gun, I didn't like that. I proceeded home, but not without doing 80 through a red light on Richmond Avenue. Phew! I love it! I sure hope the police get here soon! It was very exciting." You can't talk to Carolyn Ballowitz, a 1977 graduate of UB Law School, without noting how often she begins the description of her work at Legal Aid with phrases such as "One of the best parts What I love most. The really great . .. , , thing After spending a year and a half doing criminal trials (she defended her first case two weeks after getting the job at Legal Aid), Ballowitz now acts as a Criminal Appeals attorney for clients referred to the Legal Aid Bureau of Buffalo. "That means we get every good case that comes down," she said. "Once someone is convicted of a felony and is sitting in Attica, they're indigent. They don't have a thousand dollars to retain an attorney." The criminal defense system in Buffalo is set up so that private attorneys are assigned to felony trials and misdemeanor appeals, which are rare. Legal Aid takes misdemeanor trials and felony appeals. Ballowitz speculates that the system is set up to the detriment of defendants. She said, "I think Legal Aid does appeals because nobody else wants to." Most of her clients' cases are tried initially through the assigned counsel program. "The assigned counsel at trial is defi- nitely not getting paid enough to crack the CPL (Criminal Procedure Law)—even if someone could learn it in a weekend," said Ballowitz. "This leaves the pre-trial motion program in a near travesty. It also leaves a gap in representation when the case is lost and a client has to change attorneys between the trial and the appeal. This is a gap, which, in my opinion, is manipulated by the prosecution to the detriment of the de- fendant." Despite criticisms such as this, Ballowitz is convinced that at least the Legal Aid system wofks well. "Legal Aid's contribution is good and it's cer- tainly working. Public defenders, and there are eight or nine of them, take more than 10,000 cases per year fnto city cofitt. They don't short-change\them either. They make all the motions. The only thirig that interferes is when it comes to TLC (tender loving care). We can't butter-up pur clients. Same people really need that, too. We can't fuss and rhop up tears. Sometimes; you'll stay up all night over,motion papers and you don't recognize the faces of your clients when they come in. You know their cases cold, but you don't know them because there's no time for that. people suffer when they're deprived of TLC from their lawyers," said Ballowitz. Some Another characteristic of Legal Aid work, Ballowitz says, is the support the attorneys in the office offer one another. "When someone gets a really big case, like when John Ziegler took the Christopher case, we all shuffled our schedules to let him do that and nothing else for a few months. Some special time was set aside because we knew that with the magnitude of the case, the number of deaths involved, we'd en- counter opposition, very strong opposition, and would therefore have to have a full-time, very thorough job done." Before going to Legal Aid, Ballowitz worked in a small civil litigation firm. Her personal experiences there were very different. "I found, in the firm, that there was a lot of scrambling to get your initials on things. A lot of climbing over other peopJe. One time I remember someone hid the bathroom key from an attorney just to get him nervous—child-like things. At Legal Aid there's really nothing to be concerned with but the work. I guess that's one of the benefits of knowing there's little room school and work hours. "The first year she was in Sqhool 84,1 took the bar exam!" Ballowitz says triumphantly. "I relied on Anna being in school to take the bai* exam. But when I started looking for a job, Alan Carrel (then the Director of Career Placement) told me I was very defensive about my years with Anna. He was very honest and very helpful!" But how do you interview with male lawyers and explain why you don't seem to have been very interested in working, when you really were but thought you'd better not? How do you avoid making it sound like you're making a whole bunch of excuses for yourself? How do you avoid making other women look bad? So I never knew what to say. Alan convinced me that I had to emphasize what I was about to do for the employer and not dwell on the past." "Now that I'm a working at= torney, I think people, at first, tend to attribute any disaster that causes you to leave early and come back to the fact that you're a woman and have children. Recently a man in the office missed work when his father died. No one thought there was anything unusual about that. "Sick child" send up red flags whereas "sick father" does not." "After a while at Legal Aid, though, I could start being myself. When I first got there, people would ask me to go out for drinks and I wouldn't say, "No, I've got to go home and cook dinner". I'd just say, "Well, no. Maybe tomorrow." She says it was like being a "closet woman." Now, Ballowitz says one person going home to cut the grass before it rains and her going home to cook dinner are a part of the working environment. "One of the things about public interest work is that people are pretty good-humored. After a while you can start being yourself." Being yourself also means doing the kind of lawyering you believe in. "We get to create our own professional reality at Legal Aid. One of the perks is that we get to go after constitu- tional issues and we can make a lot of interesting law. Ballowitz has a case nowthat could go to the U.S. Supreme Court. "But attorneys pay their own expenses. We don't feel our office was funded for that." She's also looking forward to arguing her first three cases in the*Court of Appeals in Albany soon. "We get to keep our own cases. You know, if you were at a firm or in the D.A.'s office, once a really good case came in, you'd have~to pass it on to the people at the top, to one of the partners." Appeals work is very different from trial work, though, and it appears that Ballowitz misses the excitement of trial work. "You know research, writing, and oral arguments aren't very active," she says. "But one thing I love about criminal appeals is that you don't come to the bottom of it and find out its dried up, run out, unlike, to my mind, the new Equitable Distribution Law. It looks very excit- ing at first but then you come to the end of it. And when you come to the end of it, you, as I once did, end up in the middle of a driveway. "After completely losing my temper I said to both parties and the other lawyer, "Alright, you guys, shut up! You, take the silver and put it on the left sjde of the driveway. You, take that chair and put it on the right side of the driveway!" And that was how we equitably distributed the property. One does come to the end of the fascination and one's patience." Ballowitz has a lot to say about the legal system. She also reflected on the attitudes that prevail about lawyers in general. "New lawyers need to change the way they view attorneys. It's presented to us that we must admire the tradition of "lawyer as businessman". He's male; he's a jock; he's the best friend anyone could have; he's reliable; he's responsible; he's independent. These are very hard connections to break." "Being a Legal Aid attorney breaks the image because you have no interest in being a businessman, in running a business, or trying to make money or charging anybody anything. There tends to be the assumption that you really didn't have it in you to be quite as independent or responsible or reliable. And that simply isn't true. I thing we're going to have to make that clear." Diane Dean is the Graduate Assistant for Public Interest Public Service Careers in the Career Development Office. for professional advancement. We drive ourselves but the competition isn't there. My experience is that I have only myself to compete with." Ballowitz' family has had an impact on her career. After law school, she took a year off to go to England with her husband, who was on sabbatical from Buffalo State College. She calls the period, "our great, happy, interruption." She returned to the U.S. and had to find an appropriate educational setting for her daughter, Anna, who is handicapped. After staying with Anna in school for two years, Ballowitz and her husband found School 84 for the "The Federalist Initiative" FOOD& CLOTHING DRIVE Federalist Society is planning The Buffalo a food and clothing drive to aid the needy of the downtown Buffalo area. Please begin saving your unwanted clothing and overstock of food. Collection dates and dropoff points will be announced in the upcoming weeks. Handicapped where Anna would not need her mother to provide one-on-one care during By Writ of Mandamus you are summoned to CASEY'S NITE CLUB (421 Kenmore Avenue) to Party on November 7 at 10:00 p.m. A filing fee of $4.00 will guarantee you unlimited bar drinks from 10:00 p.m. to 1:00 a.m., and hors d'oeuvres at 12:00 midnight. During the proceedings, dratwr ings will be made for various prizes. This is the first proceeding of this nature and will be followed by similar proceedings each and every Thursday with drink specials for all Students of Jurisprudence. Your time to Answer expires on November 7, 1985 at 10:00 p.m. 421 Kenmore Avenue October 30, 1985 Opinion 5 �Law School Alumna Juggles Many Jobs by Timothy Burvid If any one person can possibly personify the Buffalo model of legal education, it would have to be Dr. Barbara Howe, who is, simultaneously, a UB Professor of Sociology, Professor of Communication, a Legal Aid attorney and graduate of the UB Law School, an Associate Dean of Social Sciences, and a director of the Law School Alumni Association. Comments former law school Dean Thomas Headrick, "I'm both amazed and pleased with the way in which she has merged her two interests; it says something positive both about her and the law school." Howe, who started teaching here in the Sociology Department in 1974, attended the law school from 1977 until 1980, while continuing her professorial duties. She decided to attend law school for both personal and practical reasons. in grown up Having Washington, DC, "where the major commodity is power," she says that she's always had a fundamental interest in legal issues, and that she's always wanted to attend law school. Her father was the editor of The American Rifleman, the official magazine of the National Rifle Association, and she often accompanied him to the National Press Club, thus receiving an early exposure to the legal and political arena. In those days, however, the NRA wasn't nearly as political as today, she explained. In fact, even John F. Kennedy was a life member. It wasn't until after his assassination and other shooting incidents that the NRA got involved in the political issues and ideologies with which it is synonymous today. Practically, Howe's future in the Sociology Department here was uncertain. "After the UB expansion of the sixties, in the crunch of the seventies, there was a clear message that there were going to be cutbacks, particularly in our department." Thus, she decided to follow through on the desire to go to law school. "Law School was so obvious, both in terms of my interests and the interests of the two departments through the Baldy Center. Indeed, Red Schwartz, a sociologist, had just stopped being perhaps the only non-lawyer law school sponse, the state legislature passed a law which essentially said that the physician's dean in the country, so there was a real tradition of law-so cial science cooperation in the school." Having already done such work as social science consulting in jury selection, "it gave me more flexibility and made sense intellectually," Howe explained. While attending law school, Howe attempted to remain anonymous, that is, "to play the role of a typical first year law student. That meant having my picture taken for seating charts, and even on one occasion having to slip a note underneath the door ofProfessor Spanogle, explaining that I was not prepared for class one day." Be- cause she was teaching full time herself, however, Howe says that she didn't have the chance to "enjoy the sub-culture of being a law student, that is, the part where you sit on those little benches outside the library and talk, and hang out for hours a day, and then, of course, return to your work." She describes herself as a real fan of the law school. While one might expect that an informed Sociology professor AxsiHillle Dean Hwhatu Hour. graduate Sociology seminar she teaches, as well as the subject of a book she is hoping to complete soon. The work, entitled "Medical Professional Models in the Law," combines both areas of -her professional career. "The theory is sociological, and the data are legal," she explained. Concentrating on the medical profession, the book examines different models of the physician-patient relationship and how the law reinforces or restricts various models. Tradi- "Howe attempted to play the role first year law student." would be constantly butting horns with law professors, especially those that integrate social science material into their courses, Howe says that this was not the case at all. "I found most of them to be extremely well informed and thoughtful people," she said, noting that the only experience she had that was slightly negative, was "having to play the role of a first year student for a second year student instructor of research and writing." other than that, she said, "it was to- tally positive." Her identity as a professor was eventualy discovered while at a party where both the Sociology Department and the Law School were represented by faculty. After that, she recalls, "Miss Howe was called on more often, and was expected to have more interesting input into the class discussion." Her seminar papers became far longer than those of other students, often totalling over a hundred pages. One in particular has been the basis for a of a typical tionally, the relationship was one in which the patient was totally submissive to the doctor examples being extreme pediatrics, and the anesthesized patient in surgery, where the patient is totally dependent on the judgment of the physician. There are also models of cooperation between the two, where they are on roughly equal footing. Recently, however, there has been — a consumerist trend where the patient is dominant and the physician is submissive to his wants. "At extreme end of the spectrum," she said, there is Pholo Credits: Haul Hammond the consumerist model, she said that some people might consider Hyatt Legal Services as evidence of such a movement in the legal field. Opening a phone book, she pointed at pages and pages of medical and dental ads, which operate on the assumption that you "as a patient can know enough to know what you want from a doctor, lawyer, etc.," as opposed to the. traditional model which assumed that the patient did not and could riot know enough about this "mysterious body of knowledge." "If you know that you need collagen or chemical face peels, and you're letting your fingers do the walking through the yel- low pages, is this any different than choosing an automobile mechanic?" she asks. Taking consumerism to its logical end, one arrives at a "Milton Fried- man-dereg-economics" model which justifies not having monopoly licensure, and letting the marketplace decide who's services are good and who's aren't. Legally, Howe continued, there is a whole body of cases Elvis wanted. She maintains that the last model is indicative of a recent trend in the professions to deprofessionalize, that is to demystify the profession. Citing and statutes driving wedges into the traditional models. For example, she states, "in informed consent cases, the law would always require a doctor to testify as to what a reasonable patient should know in a surgical procedure, and the jury was required to judge on what a reasonable doctor would have told his patient." Then, in a series of cases in the fifties and sixties, the courts changed the standard from what a doctor believed it was reasonable for a patient to want, to what a reasonable patient himself advertising as a key element of would want to know. In re- the "Elvis Presley model, where the patient totally dominates, and the doctor is totally submissive, and does what he's told for money," referring to the doctor who lost his license be- cause he prescribed anything standard shall be the standard, "overcoming the consumer trend." Citing this as only one example, of how the law operates on sociological trends in the medical profession, Howe pointed at several large boxes full of materials, which, when she gets the time, will eventually become the book. One of the ways in which she hopes to free up some of her time is by discontinuing her work with Legal Aid. Hdwe has done felony appeals work there for several years, having started out as a Public Defender, on a volunteer basis, while on sabbatical in 1981. After that, she says, "I still wanted to be doing some kind of legal work, but Public Defender work was incompatible with academic scheduling; felony appeals work could be done more flexibly, and had more of a schol- arly appeal to it." Soon enough, however, she decided to represent the male defendant in a marital rape case, where he was convicted on appeal from the district attorney's office. The case generated an incredible amount of publicity, and eventually resulted in the Court of Appeals striking down the statute which previously contained a marital exemption to rape, and exceptions to that exemption. Her client was found to fall within the statute, however, and Howe petitioned the U.S. Supreme Court unsuccessfully. "I took the case because when I saw the statute in a living context, I saw it as totally vulnerable," she explained "Because there had been a total marital exemption, and then ex- ceptions to that exemption, whereby some men could be considered not married for thn purpose of being effectively prosecuted by their estranged wives. I found it fascinating sociologically and constructually." I had the choice of whether or not to take the case, she said, and "I've taken a lot of heat from women and women's groups." Howe said that she considers herself a feminist, but feels that "you make decisions about things that bother you, in law, and once you make that deciiimllmtfd on puge UB Law Student Vies for County Legislator by Paul W. Kullman While many aspiring politicians have barely "tested the waters" at age 25, one secondyear law student has already "dove right in." Despite his youthful age, Steve Pigeon is a veteran of the A former political pool. member of the presidential campaign staff of Senator Gary Hart, Pigeon is currently opposing incumbent Robert Meier (R) in the Ninth District race for Erie County Legislator. The Ninth District represents the towns of West Seneca and Orchard Park. Pigeon, currently on leave from the state assembly staff, said he first became involved in politics when he "was seven or eight years old." "I used to help my uncle when he was running for state senator," Pigeon said. "I'd go Opinion October 30. 6 around door-to-door dropping things off at people's houses. He was a favorite uncle and I thought that was what I wanted to do." Since then, Pigeon has worked with New York Lt. Gov. Alfred Delßello, and also served as a special assistant to New York Assemblyman Francis Pordum. Currently vice chairman of the West Seneca Democratic Committee, Pigeon's political portfolio also includes a stint as Erie County delegate to the Democratic National Convention in 1984. Running now as a member of what hecalls the "Financial Reform Party," Pigeon pointed to a previously released press statement indicating he and the party are "committed to eliminating waste and demanding sound financial manage1985 ment in county government." "We're out to enact substantive reforms that force county officials to take better care of our tax dollars," Pigeon said. Pigeon said the Financial Reform Platform supports: • troller Alfreda Slominski as Designating County Comp- the chiefjiscal officer, insur- ing that there is a proper financial check and balance in county government. release of the • Early budget before election day county so the voters can make informed in choices November., •A - ceiling on the county's short-term borrowing. Professional management of • departments, cially at ECMC hospital. reform through beef• Welfare ing welfare fraud investicounty espe- up Krie Cnunly Ixjtislalor ciiiuliiltiie Sieve PiIfeon. gations and more efficient and professional management in the Social Service Department. Because the job of county legislator is only part-time. Pigeon said he will beable to continueto work on his law degree if elected. "I'd have to juggle my schedule to attend legisla- l<l tive meetings, but I've taken some summer courses to ease the load." While declining to give any exact number, Pigeon said political observers characterize his race with Meier as "nip and tuck." Campaigning four to five hours a day, seven days a week since he announced his candidacy on May 22, Pigeon characterized the best part of his experience thus far as "meeting , people." Walking door-to-door, Pigeon said he's learned a lot about people and has picked up a lot of help along the way. "And," he said, "even if I don't win, I've still expanded my horizons." who knows, those horizons could go a long way in keeping him in the political swim of things for years to come. �Environmental Conference Attracts Noted Speakers Environmental Law Society More than 100 people attended Environment '85, the annual fall conference of the New York State Environmental Planning Lobby (EPL). The conference was held at Silver Bay, Lake George, New York, on Friday and Saturday, October 18 and 19. EPL is a statewide, non-profit, tinger, former Democratic Con- by Lisa Strain, non-partisan organization which represents over 75 environmental organizations and thousands of individuals statewide. It is also the state's only full-time environmental lobby. Governor Mario Cuomo was invited to give the keynote luncheon address on Saturday but was unable to attend. He did, however, send a version of his proposed speech on which keynote speaker Richard Ot- . gressman from Westchester County, commented. "I think Mario Cuomo has a long way to go before he can claim to be a national leader in environmental issues," Ottinger said. Ottinger had declined an invitation to head Cuomo's new environmental advisory commission formed earlier this year because Ottinger said he felt Cuomo was not seriously interested in what such a board would say. Cuomo's proposed speech contained no new proposals to deal with the large number of contaminated waters and leaking landfills in New York, but did say Cuomo was considering pushing for a bond act next year to finance the cleanup of hazardous waste sites in order , to bolster the sickly State Superfund which had essen- tially gone broke before the legislature appropriated more funds this session. Ottinger listed a number of proposals that he, as "Governor.for the Day," would carry out. Two of these, he joked, were to extend the Forest Preserve down to the south end of Cortland Park (near New York City), and to turn the highway up Whiteface Mountain into a bike trail. In a more serious vein, Ottinger declared that he would make New York a leader in recycling waste, prohibit the placement of any toxic wastes into New York's streams, require state agencies as well as private corporations to comply with environmental laws, and require the New York Power Authority to make energy conservative, not the poduction of new plants and transmission facilities, its top priority. A numberof workshops were offered at the conference. Among them were ones on the issues of toxic torts (Justice for Victims' of Toxic Substance Exposures), the State Superfund, Wildlife Protection, the Forest Preserve (Wilderness Management in the Adirondack and Catskill Parks) and Solid Waste Management Options. In the opening panel discussion on Saturday, the future of the Environmental Movement was discussed by several representatives of both state agencies and advocate groups. "No one has done more to curb the number of landfills in this state than the current administration" at the Department of Conservation (DEC), said its commisssioner, Henry Williams. "We've already closed over 100 landfills across the state and we have actions pending on 100 more. We are also going to have a statewide solid management plan draftby Christmas," Williams said. John Mylod, Executive Director of the Hudson River Sloop Clearwater, cited the annual health advisory, issued by the Department of Health for the last four years, not to eat more than one meal per week of any fish taken from New York State waters as an indication of the state's worsening water quality. He also gave some words of inspiration: "We are responsible as active environmentalists of DEC to set the policies of the state. I think you should be prepared to step down from your job in 24 hours if you can't stand up to what's being said, and say that it's wrong." Professors Debate World Hunger Solutions (■(wtinut'tt from pttge -* The rebuttal was quite lively, as Professor Alston stated that Ms. Paul made a fundamental assumption that if the right to food were a recognized right, it necessarily would lead to socialism and centrally-planned agricultural systems. Ms. Paul termed Professor Alston's theory as "racial imperialism" because it assumes that people will not be able to produce for themselves. After the initial discussions whether a right to food existed, Ms. Julie Chang Bloch, former AID Administrator, gave her ideas as a practicioner. Ms. Blochs emphasized the implications involved when and if the right to food is determined: who would enforce the right economic one. Hunger, according to Ms. Bloch, is a problem of underdevelopment. Just in case you thought this conference was only based on philosophical it arguments, wasn't. The afternoon speak- ers were mostly practicioners; Representative Benjamin Gilman (U.S. Congressman and member of the House Select Committee on Hunger), Steven R. Cpates (Director of Issues, Bread for the World), Dr. Michael Latham (Director of Program in International Nutrition at Cornell University). This panel approached the practical aspects of ending hunger on both domestic and interna- there consensus before a tally oriented—legislation to legal right can be enforced. Also, hunger is not a political problem but a technical and prevent deforestation, desertization, and to preserve tropical movement?; humanitarian how is responsibility shared in the world community; how should costs be levied? Ms. Bloch stated thatthe right to food requires a transfer of resources, unlike other rights. She concluded that there is no consensus in the international community, and must be that — years because of these forces changes which have not all been for the better. Mr. Coates stressed that citizen action is instrumental in effecting policy change, and the forces of self interest should always be analyzed carefully when positions are urged by any section of the citizenry. Dr. Latham called for a "re- volutionary change in attitudes and policies" in order to end world hunger. He stressed the importance of the environment in "producing" hunger. He pointed out that more dollars are spent in interest rates being paid by developing countries than in aid sent to those same countries. The third panel of speakers were Reverend Kenneth Dean, a member of the Harvard Physician's Task Force on Hunger in America; Pierre E. Bergeron, Public Interest Lawyer for Poor and Developing Countries; and Lucy Billings, from Bronx Legal Services. Reverend Dean pointed out that the concern for hunger in the U.S. had its origins in the civil rights movements because when black children were finally allowed to attend white schools, they were criticized because they looked "wretched". This was due to lack of food. Reverend Dean said that he believed in property rights like Ms. Paul, but that the first piece of property ought to be a piece of bread. From a theological perspective, Reverend Dean views life itself as a gift, therefore, the world by which that life is supported is also a gift. Dean referred to the English ID cuniinuvU on tional levels. Representative Gilman gave data which indicated that the risk of starvation in the world is facing fewer people than last year. Work with domestic and international food programs is a long-term effort that will enable our government to help other governments help themselves. Representative Gilman cited legislation which has been presented in Congress which is aimed at alleviating hunger. It is important to note that such legislation is often environmen- to food if sovereign nations are not willing to give up their sovereignty, regardless of any Steven Coates, a public policy advocate stressed that U.S. food policy is more that U.S. policy on food. The forces of self-interest (trade, finance, military aid) are economic forces which affect U.S. policy on hunger. Many of the policies have changed in the last ten SLOMBA'S & University of Buffalo present LAW SCHOOL NIGHT closing Every Wednesday, 9:00 p.m. • forests. N.Y.S. Trial Lawyers Offer Students Seminar The New York State Trial ' Association has scheduled a seminar entitled "Decisions" to take place at the Holiday Inn, 4600 Genesee Street, near the Buffalo International Airport, on Saturday, November 16, 1985. The seminar provides the practicing lawyer with an update of c,ases and legislation on various topics of the law at a cost of $95. However, law school students interested in trial litigation are encouraged to attend the seminar for only $10 to cover the cost of the materials which will be provided. The program is chaired by Brian Shoot, Esq. of Schneider, Kleinick & Weitz. The lecturers will be Bert Bauman, Esq. of Bauman, Greene & Kunkis; Prof.Richard Farrell of Brooklyn Law School; Lester F. Fetell, Esq. of Fetell 8t Coen; Perry Pazer, Esq. of Pazer & Epstein; and Brian Shoot, Esq. Lawyers The morning session starts at 9:30 a.m. and will cover the topic of new legislation, municipal liability, evidence and construction accidents. At 12:30 p.m., there is a luncheon which students also can attend at a cost of $20. The afternoon session begins at 1:30p.m. and will coverdisclosure and discovery, products liability, medical malpractice, trial practice-parts and 11, miscellaneous procedural (major new cases in pleadings jurisdiction, appeals, I X- dean's office. >flr_jw, i"**^!*? ~* _jf REMEMBER! Tuesday is SUPER BIONIC NIGHT service ofprocess and contribu- tion), and miscellaneous substantitive law ( major new cases in landlord liability, plaintiff's culpable conduct, motor vehicle liability, damages, proximate cause, and negligence). Any student interested in the conference can contact the local chairman, Paul W. Beltz of Paul William Beltz, P.C., Buffalo, at 852-1000, or the law school >A-J * Featuring 50c Bionics (16 oz. Stroh's or Genesee) SLOMBA'S 75 Rodney (near Fillmore & Main) 836-9551 October 30. 1985 Opinion 7 �October 30, 1985 Volume 26 No. 4 Editor-in-Chief: Victor R. Siclari Managing Editor: Jeff H. Stern NewsEditor: Paul W. Kullman Features Editor: Timothy J.Burvid Business Manager: Harry Bronson Photo Editor: Paul F. Hammond Layout Editor: Kevin O'Shaughnessy Production Coordinator: CharlesE. Telford Staff: Dave Chapus, Sue Clerc, Diane Dean, John Lapiana, Jerry O'Connor, Peter Scribner. Contributors: Craig Atlas, Lori Cohen, Robert Dinerstein, William Grieshobef, Jr., Krista Hughes, Roy Mura, Lisa Palumbo, Raul Rodriguez, David M. Rychlik, Lisa Strain, Amy Sullivan. Gi Copyright 1985, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every twoweeks during theacademic year. It is the student newspaper of the State University of New York at Buffalo Schoolof Law, SUNYAB Amherst Campus. Buffalo, New York 14260. The views expressed in this paper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Faculty Action Is Applauded As reported in the last issue of The Opinion, the Faculty has adopted a measure which will afford present and future clinical legal education instructors greater job security and privileges than they have enjoyed in the past. This change—which is designed to strengthen the clinical program—not only makes a good deal of sense, but is one which the American Bar Association now seems to require of all law schools. Under the old system, clinicians were given one year contracts which were renewable at the end of the term. However, there were no clear standards for contract renewal, and the instructors were neither permitted to share in traditionalFaculty perquisites nor given any governance role in the law school. While this system may have been appropriate for a clinical program in its experimental stages, it is clear that continuing it any longer would have been unfair to the instructors, and would have fostered an atmosphere of resentment among them against the law school Faculty and Administration. The clinical program has grown considerably since it was first introduced ten years ago, and the clinicians' role in the educational process has greatly expanded. Aside from their primary function oftraining students in a variety of professional skills, the clinical instructors are also responsible for administering the first year Research and Writing and Legal Ethics programs and assisting in the teaching of Civil Procedure to first year students. The importance of the Clinical Legal Education Program cannot be underestimated.Whereas traditional law school courses teach students the vital skills of reading and understanding cases and statutes, the clinics prepare students for the nitty gritty of real law practice. Students enrolled in one of the five various clinics learn how to dealwith actual clients and handle actual cases from beginning to end, and gain invaluable courtroom experience. Obviously these are skills which all law students need to master, and those educators who help them do so deserve as much recognition as any law school professor. In light of the above, the Faculty has abandoned the old system of stratification, and has provided for a dual system whereby clinical instructors will be given a choice of either a tenure track position which could eventually lead to a full professorship, or a three year renewable contract. The two alternatives will accommodate the needs of both research and practice oriented clinicians. Those choosing tenure track appointments will be expected to publish regularly, though not as much as ordinarily required for tenure, given the large amount of time and work the instructors must devote to teaching their clinics. Regardless of which option the clinical instructor elects, there will be clear standards for performance review, increased pay and privileges, as well as full vote on the Faculty. The new system will surely strengthen the program by affording the instructors a greater sense of stability and belonging and providing them with the recognition and incentives necessary for maintaining a quality program. Moreover, it will facilitate the furture expansion of the program by providing prospective clinicians with greater inducementsfor joining the Faculty. The Opinion welcomes this positive development, and commends the Faculty for its action. We think the law school is moving in the right direction when practical skills courses are recognized as invaluable components of a legal education. Along those lines, we would also like to see the Lawyering Skills seminar taught on a regular basis, and additional sections of New York Practice offered, so that more students will be able to take that important course in their second year. Currently, students who work as summer law clerks after completing their second year often experience difficulty because they are unfamiliar with the CPLR. We see no reason why enough sections of New York Practice cannot be offered to enablestudents to take thatcourse during theirsecond year. Opinion October 30. 1985 8 President's Corner by Lori Cohen Hello! Victor and I got together to figure out a way to reach more students and came up with the idea of a column, written by myself, discussing the issues facing SBA and anything else you the students should be aware of. Here goes. We have had three meetings to date. All have been productive. The first meeting established the appointments committee. Notices were posted the day following the meeting and sign up sheets were posted on the SBA door (101 O'Brian) and the SBA bulletin board in the mail ' room. (These are the places to check periodically concerning SBA news.) An idea was suggested by Steve Wickmark—put a notice in each mailbox. Our administration, in its efforts to bring the SBA closer to the students, liked this idea and proceeded to arrange the reduction and printing of such a bulletin. Unfortunately, the printing took four days—but for the first time in three years the students were notified, by mailbox, of the faculty/student committees (see list of new committee mem- bers). The appointments committee was made up of the executive board members and 5-7 members of the board. They spent a total of 16V4 hours interviewing 64 candidates in two evenings. Both figures surpass the numbers from other years. The board was very happy with the selections—a great cross section of the student population was achieved. The SBA chartered a new group at its Oct. 14 meeting— the Entertainment Law Society. Anyone interested should contact Leslie Shuman. Other business conducted at that meeting included the idea of a faculty forum. Students should attend and question the faculty and administration on subjects that are bothering them. This is just one in a series of forums the board is hoping to sponsor. There will be a sheet on the SBA door for those students who are interested in helping to set up and publicize these forums. Other issues to face the board in the near future are the possibility of chartering and funding a Jewish Law Students group, a constitutional and by-law modernization, and of course parties! My breakfast with President Sample proved to be nothing more than two hours of frustration—hopefully the board will attempt to work with the law school and University concerning administrations parking and the use of law school facilities. An investigation into the guidelines concerning accreditation of law schools is also in the SBA's future. If you have any problems, don't hestitate to leave a note in my box (597), on the SBA SBA President Lori Cohen. Photo Credits: Victor Siclini door, or in the box of any other board member. Don't hestitate to voice concerns or criticisms. We do represent you as law students. Remember to check the SBA bulletin board in the mail room for pertinent information—our by-laws require that all notices are posted there. In addition, the minutes from the prior meeting and the agenda for the following meeting, are posted there. The sectionof the agenda entitled Amendments are for anything you the students would like to present to the board. Please sign your name and box number after any item you place on the agenda. Thanks for your time. Please don't hesitate to voice your problems —that's the most efficient way to foster our representation ofyou thestudents. Read the notices posted all over school, it only takes a minute, but it's the cheapest and most effective way to reach the largest number of students. Have a great day! LETTERS TO THE EDITOR In the Public Interest To the Editor: We Brett Gilbert's courageous article on the Law Review an organization whose status and selectivity make it difficult to criticize without seeming bitter. We would like to point out, though, that a journal that resembles a collective lawreview exists at ÜB. In the Public Interest is "a collective, democratically controlled organization which would be open to all students who wished to join it." With the support of the faculty and students. In the Public Interest could become ÜB's collective law review. We encourage everyone to note submit seminar papers for publication and to join our staff. Mary Hurley Stephen Balmer — In the Public Interest In thePublic Interest, a review of law and society, is currently seeking articles for publication. The magazine is committed to printing articles which examine legal issues in their social, historical, and political contexts. Our main source of material has usually been seminar papers by law students, but we are also interested in receiving work by faculty members and law practitioners as well as writing from the perspectives of Please Don't Call On Me, I'll Pass To the editors: An open letter to the faculty. Don't call on me. Leave me alone. If I don't want to answer. If I wanted to answer I would have my hand in the air in that international signal of the volunteer. I would not be feverishly writing notes, frantically searching the text, desperately avoiding eye contact, curling into a fetal ball or otherwise engaging in clearly identifiable signs of student distress. It's not that I can't answer (usually), it's that I'm terrified, 0.X.? I'm here to learn, not to be humiliated. And let's face it, some of you are vicious. You know who you are, and so do we. You think being badgered is good for us, you think that scar tissue is an essential element of an attorney's psyche, you are proud of your degrees from the Dirty Harpy School of Law. Why don't you go ply your trade for an appreciative audience? I'm sure Anmesty International could provide a list of locations. And I hear that the Marines are always looking for a few good men. Others of you have sweet other disciplines. We are looking for well-written and researched papers which discuss public interest law subjects. If you would like to see your papers in print or are aware of seminar papers which should be published, please let us read them. Keep the possibility of publication by In the Public Interest in mind when selecting research topics in the future. Manuscripts, labelled with name, box number, and phone number, can be placed in the Center for Public Interest Law box in the third floor mailroom or brought to our office in Room 118. smiles and soft words that promise you'll be gentle. Mom warned me about guys like you. I don't care if you're the Grand Inquisitor or Mr. Rogers, I do not wish to answer. I'm tired of freezing up like a rabbit in the headlights of an oncoming car when somebody with my first name is called on. I'm tired of keeping my head bowed like Mary Queen of Scots waiting for the ax. My friends are tired of calling the Cardiac Care Unit. We would all appreciate it if you would just ignore me. Thank you. Regina V. Ramsay Prisoner Seeks Assistance Dear Gentleperson: As a law student, I recognize the fact that you are diligently at work in school, polishing and developing your legal skills through lectures, books, and the intellectual exchange between yourpeers and professors, and with this, I invariably believe that you will appreciate and realize your efforts in a law career, planned by you, within the feasible future. As a prisoner who is incarcerated, I am really not in a position to enjoy your personal pluses, and without access to these many amenities, I am invariably suffering a big void to accomplish those things that I would like to accomplish. Thus, I hope that you may be able to empathize with my situation. Currently, I am involved with several civiland criminal cases, and I would like to convey a written request to you to seek your assistance. Itmaybe in the form of legal strategy, ideas. continued on page 9 �The Boy Mechanic: Recent SBA Actions Restrict Intellectual Freedom by Kevin O'Shaughnessy Last year the question of whether to fund the Right toLife Party was one of the most controversial issues to face the SBA. After a great deal of argument, emotion and time, the Right to Life Party (despite the fact it had obtained a charter) was denied funding by SBA. SBA's decision was improper. Abortion is an issue we will deal with as lawyers and citizens. Last year it was one of the few topics that rose above the usual apathy and stimulated Thoughts by William Grieshober, Jr. First, let me say that it's not the size of UB that had caused the difficulties I experienced during my first week ofLaw School. On the contrary, my undergraduate work at Perm State had taught me well that the workings of large schools are almost always confusing to the newcomer. However, with four years of undergraduate work behind me, 1 fell 1 wouldn't snow any of the embarrassing symptoms of that diseaseknown as freshmanitis. Was I in for a surprise. student interest. Why not harness this interest? A group with enough concern to get chartered deserves funding. SBA should not suppress that type of energy and then whine about apathy. year's Last decision squashed the chance for an open forum on abortion. I support the Pro Choice Movement, and I welcome the opportunity for debate. My security about my own values allows me to debate the issue without fear of being brainwashed. The Right to Lifers aren't into that anyway. The argument here might be: What's the point? If your mind cannot be changed, there is no point to debate. This is law school, kids; we should learn to structure an argument. Also, I admit that I don't know all the information concerning the issue. Debate between two adversaries is an effective method of learning. Controversy is the essence of law school. Viewed from a favorable perspective, SBA attempted to pro- tect us. If. felt, perhaps, that without an opposing Pro Choice Party, the students would be duped by persuasive Right to Life presentations. If the decision is viewed from an unfavorableperspective, the Party, there would be a Pro Choice Party right now, yours truly being a charter member. Not knowing what the Right to Life Party plans, I hope they try to get funded again this year, and let's make SBA get it right. Some Pro Choice versus Right to Life debates would spice up the semester. If SBA turns them down, they should take some money and start an Apathy Club. How about a Censorship decision comes from a petty, "us against them" mentality. This is outrageous. These selfish political maneuvers, by a dozen or so students, usurped an entire law school's first amendment right. Ironically, if the pro choice forces in the SBA had funded the Right to Life Club? Chapus By The first symptom hit almost immediately. After moving into my dorm room in Governor's complex, I decided to make a trip to the Ellicott complex in order to visit my girlfriend. 1 had been told that all 1 had to do was to wait at the bus stop and a bus would come by to pick me up. So, I waited. And waited. And waited. Finally, after what must have been a year, a bus came over the hill and into view. 1 felt relieved as 1 moved to the curb so that 1 would be able to board the bus quickly, when it stopped on the other side of the street. Suddenly, a chill crept up my spine as I remembered the sadistic bus drivers from Perm State, who used to laugh maniacally at the sight of a student who had arrived at the bus stop justas the bus pulled out. My horror became reality as the Bluebird slowed only slightly at the stop on the otherside of the street. As 1 sprinted across the street, arms waving, 1 imagined I saw the twisted grin of the bus driver, in the mirror of the bus as it slowly turned the corner, bound for Ellicott. The morning ofthe first day ofclasses 1 had almost forgotten the bus incident as 1 happily walked to O'Brian Hall through the dismal haze of a Buffalo morning. My happiness stemmed not only from the expected excitement of attending my first law class, but also from the inward knowledge that because all my classes were in one building, 1 would not fall victim to thefreshmanitis symptom of getting lost trying to find a class. The joy ofthat morning was soon forgotten however, as 1 waited in line for over two hours, only to have some amateur photographer in a Motley Criie T-shirt throw me into a chair and proceed to take my picture. Ofcourse, 1 really shouldn't complain about my ID Photo, with my tongue out and eyes closed: at least 1 wasn't chewing gum. Two weeks later, after mastering the bus system and finding out that I didn't need to walk from Capen to Baldy in the pouring rain, 1 can sit back and enjoy UB in the way it was meant to be enjoyed: averaging a box of wings and a pitcher ofbeer a night at the Wine Cellar, and laughing with my friends aboutwho won today's "Asshole Bingo" contest in Civil Procedure. Prisoner ... continued from page 8 drafting proposed motions and petitions, limited involvement, or direct involvement. However, I would appreciate your congenial assistance because I handle most of my work pro-se. With regards, Michael Hurley Box B (72-B-89) Dannemora. New York 12920 September 22.1985 Comics The S.B.A. Appointments Committee would like to express its thanks to ull those people who interviewed for the various faculty-student committees. The caliber of the interviewees was outstanding, making the selection process very difficult. We urge all those who were not selected for these committees to continue to seek ways in which to get involved and to try again next year. Thanks again for your interest. The selections are as follows: Budget and Program Review Library Committee Sub-Board Margo Bennett. 2nd yr.. #15 Jim McClusky, Ist yr., #692 Belina Anderson, Ist yr, #293 Josh Rosenblum, Ist yr., #485 Robert Boegden. Ist yr.. #317 A—MartPotolsky, Istyr.. #470 Kevin Morabito. Ist yr., #334 Spencer Feldman. 2nd yr.. #78 Academic Policy and Standards Karen Peterson. 3rd yr.. #723 A - John Williams, Ist yr.. #526 Lynß Bayam yf #569 A ~ Murk M«/iih«/i. 2ndyr. .#177 Bernadette 2nd 119 Standing yr.. # Academic Standards and Herward. Ron Brown, 2nd yr., #25 John Martin, 2nd yr., #167 Special Programs Michael Banks. Ist yr.. #297 A — Tony Torres. 3rd yr.. #H3I Kirn Czapiranski, 2nd yr., #226 Eduardo Mejias. 2nd yr.. #172 Elvin Williams, 2nd yr.. #260 Mitchell Lecture M M" ' 2 d vr; # 95 _„ Admissions Committee Joe Jarzembeck, 3rd yr., #661 256 A ~ Alhw T"'"- 2 d > r Dennis Ng, 3rd yr., #716 Taryn Chapman, Ist yr., #329 Kevin Comstock, 2nd yr. #53 Fredericka Sands, Ist yr., #488 Social Co-Chairmen Roman Perez, Ist yr., #465 A—Bruce Montague. 3rd yr.. #705 Howie Spierer, 3rd yr.. #762 Brian Bornstein. 2nd yr.. #18 Mary Powers, 2nd yr.. #198 #237 A - Donna Siwek, 2nd Appointments Ruth Lund, 3rd yr.. #692 Doug Hoffer, Ist yr.. #405 hut do not vote Robin Checkla. 2nd yr.. #39 they committees, unless in fully participate A Alternates A — Roh McCarter. 2ndyr.. #170 permitted. ' "f* , " " " -• ' * yr.. IVflit ()l~J2t| PollCV• A 51,u1c,,, can reMucs, lo ~J4C h,v identity withheld when his/her letter or article is printed. However, il is up lo the discretion hi the editorialboard lo prim anonymous letters. Thestudent should submit the teller or article operation methods of of this in a sealed envelope and indicate the request of anonymity on the oulside of the sealed envelope, In order lo clear up any ambiguity or questions concerning the lunctiun and separate piece of paper his/her name and telephone number in newspaper, the following is ihe statement of our guidelines For discussion ol our policy regarding the However, the student should indicate on a order lo ensure thai the article or letter is submitted in good faith. The envelope will be opened only by the editorial see the September 2.1 issue til The Opinion. I tliioi in i hid or Managing Editor. Articles A* publication are posted al Ihe beginning of each semester in Ihe be Ads should be submitted as early as possible prior lo Ihe deadline for articles. If an ad will he submitted mailroom and on Ihe door of The Opinion's office, room 724 O'Brian Hall. 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Our dales of deadlines, layouts and ,„ • • October 30, 1985 Opinion 9 �... UB Alumna Juggles Many Posts iontinued from page 6 sion, you go forwardand dothe bestyoiTcan." She stresses that she is not an activist or a social reformer, and has consistently denied doing things such as pro bono work for various interests. Eventually, amicus groups in the case were able to get both the marital exemption & exceptions thrown out and, incidentally, theabolishment of the statute's gender distinctions. Howes work in the Department of Communication is in the form of a concurrent appointment as an Associate Professor, as part of Communication's attempt to expand its department, there, she has recently taught a seminar entitled "Communicationand the Law," which she "thoroughly enjoyed," mostly because of a series of events in the media which fell directly into the interests of the course. "Every week, something was going on which directly impacted on the course material," she said, including General Westmoreland's suit against CBS, and Israel Sharon's suit against Time Magazine. In addition to her academic details in a book, because the law changes. The important thing is to learn how to ask the interests and professional activity, she is also an Associate right Dean of Social Sciences for the University, a post she describes bureaucratic. basically as Meanwhile, she is only teaching one course per semester for Sociology, instead of two. As both a sociologist and a UB trained lawyer, Howe is in a unique position to comment on the Buffalo Model, which tries to integrate social science cluded. She described the legal arena as a social system, with the plaintiffs or defendants often being considered or perceiving themselves as interlopers. She has collaborated on an article with Professor Murray Levine (a psychology professor and UB Law graduate) published in "Law and Policy" by the Baldy Center, on the pene- questions," she con- need collagen or chemical "If you know that you , face peels, and you re letting your fingers do the walking through the yellow pages, is this any different from choosing an automobile mechanic?" material and considerations into legal education, and makes no secret of the fact that she "thinks it is great, both as a sociologist and personally." "I understand the criticisms of not training in black letter law, but it's obvious that to inform one's thinking with social science concepts, it can't help but be useful. We always can look something up in a book. To this day, a good lawyer is going to look up the important tration of the social sciences into law. She believes UB Law School to be one of the most integrated law schools in the country. She recalls that at Cornell the law school was literally an enclave. While she sympathizes with the need for law students to have adequate facilities, and admits that ordinarily "a law school is not built welded and melded to the rest of the campus," she thinks thatthere "is no question that the law school is by ranking and reality an outstanding place. "UB is a great resource; sometimes you only know how well you've got it when you look at other places that call them- selves universities," she con- cluded. Professors Debate World Hunger. .. continued from page 7 Poor Laws, a system upon which U.S. legal doctrine derived, as being no different than "social eugenics." According to Dean, today's hunger is different because of the creation of "food dependency." Although the health of a poor person may not deteriorate, the hungry are dependent on outside sources for their food. Pierre Bergeron sees the law with respect to hunger as a source of "leverage." The legal community needs to do some soul searching, and to use the powers given to them to effect change. Assisting non-profit or- ganizations and the use of the contracts to structure relationships between multinational corps and peoples of developing countries are the tools Mr. Bergeron sees as making the difference. Lucy Billings does not see the need for a constitutional right to food. Since statutory rights exist, there is no need for a constitutional right as long as these rights are implemented. The crucial issue to Ms. Billings is the adequacy of the programs for the people who use them, particularly the elderly, children, minorities and culturally different people. She stated that access, eligibility and adequacy must be tailored to these people. The conference was also unique because of the studentorganization. Gayle based Egan, a 1985 graduate was the principal organizer. Special credit must also go to Alberto Benitez, Carol Resvani, Donna Knight, Eleanor Kubiniec and many other students who gave countless hours of their time to help accomplish such a meaningful and rewarding conference. GSEU Seeks Certification Under Taylor Law by Craig Atlas The Graduate Student Employees Union (GSEU) is an orof ganization comprised graduate assistants, teaching assistants, and research assistants throughout the SUNY system. It is currently in the process of seeking certification under the Taylor Law (N.Y. Civil Service Law, section 200 et seq.). Last year, many graduate student employees signed authorization cards, which enabled the GSEU to file a petition for cer- tification with the N.Y. Public Employment Relations Board (PERB). The union is awaiting a decision by an administrative law judge in Albany whether graduate student employees are covered by the Taylor Law, and if so, what is the approp- riate bargaining unit. If the ALJ finds that students have bargaining rights under the law, then an election will be held at which graduate student employees can vote for the GSEU, no union, or possibly another union. According to a newsletter dated September 1, 1985, the GSEU is seeking four things for graduate student employees: higher wages, health benefits, written job descriptions, and the establishment of a grievance procedure. In addition, John Roche and Tim McGreevey, members of the GSEU organizing committee, have expressed an interest in mobilizing grass-roots support for a bill introduced by Rep. Cooper Evans (R-lowe). The bill, H.R. 1994, was drafted in response to audits of graduate student employees by the IRS. It i ': You'll get first hand experience in the from the start. In Uiree years, you could handle more than 3.000 cases in a wide variety of subjects from international to con:rz i TT~~ courtroom .... tracts to criminal law. If you tliink you have what it lakes'to be a Marine Corps Officer and lawyer, udk with die Marine Onps Officer Selection Officer when he visits your cmipus. More than 190.000 Marines could use your service, MI3VC L Mjiivivucuntvoiieolii*. • IyUJUVV CiieiltS #/)/) /l/l/l f i a. ■ ~Js&* iflflggir ! Their*. * < j would amend Section 117(b)(1) of the Internal Revenue Code to clarify the tax status of stipends received by TA's, GA's and RA's. The-bill is currently before the House reported to the U.S. Department of Education the names of 55,000 borrowers who are currently in default on theirstu- dent loans. These defaulters will have their 1985 income tax refunds withheld to offset what they owe. Approximately $120 million is owed by these bor- For more information, contact: LT. JOSEPH T. COOLICAN Officer Selection Office, U.S. Marine Corps (716)846-4911 /4913 10 Opinion October 30, 1985 tion is available. Loan Defaulters Lose Tax Refunds The New York State Higher Education Services Corporation (HESC) has identified and i nielli *<m Ways and Means Committee. Although the GSEU is primarily concerned with representing the interests of graduate student employees, it is also interested in providing all graduate and professional students from different departments with opportunities to meet each other. The GSEU will sponsor a pizza party on the Amherst Campus, which law students will probably be interested in (given their high consumption of free pizza offered by the bar review courses). The great date will be publicized when more informa- rowers. Dr. Dolores Cross, President of HESC, signed an agreement with the U.S. Department of Education on October 4, to forward to the Education Department the names of borrowers who are in default on loans guaranteed by HESC. The Education Department can then submit these names to the Internal Revenue Service for the tax offset. This new collection tool was made possible by the federal Deficit Reduction Act of 1984. The Higher Education Services Corporation will send notices to all borrowers who face the income tax refund offsets, informing them that their names have been reported to the Education Department. If they do not contact the Services Corpo- ration and begin as soon as possible, the Education Department will forward their names to the U.S. Internal Revenue Service and if they have funds coming, they will be applied to their student loans. "Jn notifying the borrowers," says Dr. Cross, "we are doing everything we can to make taking their refunds unnecessary. It is now up to these borrowers to take steps to establish a regular) repayment schedule and begin making payments on their defaulted loans." If the borrowers who have been contacted do not respond to HESC, theirrefunds will be taken. The New York State Higher Education Services Corporation, the State's student financial aid agency, last year provided over $1.4 billion to over 750,000 students in the form of grants, scholarships and loan guarantees. HESC administers one-eighth of all guaranteed student loan dollars and onethird of all need-based State grant dollars nationally. HESC responsibilities also include the dissemination of financial aid information and financial aid research. �Two L. Sec. II Football Team Remains on Top Compiled by Publicity Department-Two L. Sec. 11. After finishing in third place last year in the University Flag Football Championships, Two L. Sec. II has captured last year's form and through five games this season is undefeated. Two L. Sec II vows to bring the University Championship to the Law School. This feat has never been ac- complished in Uβ Intramural history. The following section of player profiles is reprinted from Two L. Sec It's yearbook: BeMan, Tony, 54" 120 lbs. One of the smaller members on the squad, but BeMan has bulked himself up through a rigourous off season weight training. BeMan is a very emotional player and we will' look for him to continue his strong play at defensive back. Bornstein, Brian 59" 157 lbs. Team Captain (although others claim this on their resume) has trained hard in the off season. Bomste.in is still having problerris realizing that this is not tackle, but flag football. Filled in at QB when Resnick not there; reminded some people of the Kilmer years. Formica, John 57" 1 This season Formica lbs. has switched from his royal green GW Jacket to the purple Nyack Rams Jacket. Maybe this is why he is leading the team in sacks. Surprisingly, this year Formica has made all of the Team's curfews; maybe this is due to a change in his personal life. O'Shaughnessy, Kevin 511" 180 lbs. The heart and soul o"f the team, Kevin continues to do the job. Bill Oando taught him well. Fabi, Keith, 510", 170lbs. Anchoring the line, Keith has bulked up well. Keith has come back from an early season shoulder injury. Still working on his stiff arm techniques. Resnick, Richard "Rick" 511" 130 lbs. Resnick has tried to shake some of his "pretty boy" image by giving up blow drying his hair, commercial endorsements, and running out of bounds. He still shys away from a lot of the action by playing deep, deep safety. Resnick is having a fine year at QB. Schecter, Joel 5' 11" 180 lbs. Joel has just come off a rigorous off-season workout problem, dropping over 30 lbs. Schecter always seems to come up with the big catch, and in case you miss it, he will tell you about it. Zickel, Will 511" 180 lbs. In off-season. Will gave up the Batavia Hay Bushels to work with O'Shaughnessy on pools. This seems to have helped Zickel's concentration since in the opening game Zickel was nominated for Budweiser Player of the Week. Herb, Mike sB" 160 lbs. the Newest addition to the team. He has done an excellent job. His only drawback is that he learned his football for O'Shaughnessy. Hoover, Bruce 62" 185 lbs. Has done an excellent job this year. Has shown very good hands, maybe because of a change on his personal life. UB Teacher-Lawyer Establishes Trust Fund An initial $10,000 payment of a $100,000 gift from the Buffalo law firm of Magavern and Magavern to support special teaching and research projects by the UB Law Under terms of the gift, the Magavern Pool, Inc., a not-forprofit corporation, will provide $10,000 a year over a 10-year period Recipients are to be designated by dedicated lawyer-teachers who particularly, but without limitation, served the Law School during its to support special teaching and formative years at considerable research projects in William J. personal sacrifices." Magavern's field of property law. recipients in any given year. The Magavern family has established a four-generation the Law School dean. The fund is viewed by the donor as a means to "attract or retain teachers by to establish the William J. "outstanding members has been Magavern Fellows Fund. supplementing regular salary." received by the Law School. Accordingly, Samuel Magavern At the end of the 10-year period, Samuel D. Magavern, a member Samuel Magavern advised, the-pool advised, the dean may commit all or of the law firm, noted in a letter to will "review the results with a view part of the annual payment from the Law School that the gift is in to continuing the fund at the same the fund to supplement the salary, honor of his father, the late William or increased level." preferably, of a single recipient, but J. Magavern, "and the many other The fund is earmarked to be used with no more than two or three School faculty association with the UB Law School. William J. Magavern (1866-1945) attended classes at Buffalo Law School and taught a course in personal property law at the UB law School before and after World * War I. After serving his law clerkship with the firm of Ford and Ferguson, he began his own practice and became counsel to various major Canadian mining interests. In 1889, he became a member of the law firm then known as Ferguson and Magavern. This firm subsequently became Magavern and Magavern when his son, Willard J. Magavern (1900-1968) entered it. Four members of the Magavern family are currently members of the law firm. In addition to Samuel Magavern, they are William J. Magavern, II and James L. Magavern, sons of Samuel, and Willard J. Magavern, Jr., son of ihe lale Willafd J. Magavern. William J. Magavern HI, son of James Magavern and grandson of Samuel Magavern, currently is a first-year law student at ÜB. ABA Law Student Division Solicits Membership The Law Student Division, with membership in excess of 43,000, is one of 30 Sections and Divisions of the American Bar Association. The ABA is an unincorporated voluntary membership association of at- torneys which boasts more than 300,000 members. The Law Student Division is one of three Divisions; the others are the Young Lawyers Division and the Judicial Ad- ministration Division. Law Student Division members may join any of the twenty-nine Sections and Forum Committees at considerably reduced membership rates. The Sections are de- voted to a particular area of substantive law or of legal concern. Examples of Sections are: Administrative Law, Criminal Justice, Family Law, Economics of Law Practice, General Practice, Labor Law, Litigation, Natural Resources Law and others. There are also Forum Committees such as Sports and Entertainment Law, and Standing Committees such as Environmental Law. Law students may become involved in a section or forum committee by joining and communicating directly with the Chairperson of the sec- tion. The Law Student Division ap- points liaisons to nearly all of the Sections. The liaison communicates Section activities to the Law Student Division and initiates programs within a Section that call for increased student involvement. Liaisons also lobby for recommendations which theLaw Student Division desires.to be ABA approved. The Law Student Division has a bicameral legislature. There is an Assembly composed of the Law Student Division representatives and usually the SBA presidents each having one vote. The Assembly meets once a year at its Annual Meeting, normally convened at the same time and place as the ABA Annual Meeting. The other house is the Board of Governors. The Board of Governors is made up of three national officers, the Chairperson, Vice-Chairperson and Secretary Treasurer, the fifteen Circuity Governors and two Division Delegates. There are also several ex-officio positions. The Board of Governors is authorized to act between Annual Meetings not inconsistently with any action taken by the Assembly. The Board of Governors meets at least three times a year. There are Law Student Division Representatives who represent each law school at the Annual Meetings and continue to represent each law school at the various Circuit meetings. The UB Law School representative is Paul Kor- niczky. Elections for the various offices are held at different times during the year. These positions offer law students an op- portunity to participate directly in the largest student organization in the United States. Contact Paul for more information. PRODUCTION SCHEDULE Layout Publication Date Deadline 11/13 11/7 11/4 11/21 11/18 12/2 p.m. O'Brian at 6:00 Layout will take place in 724 must be typed, double spaced, and placed in the envelope Articles outside The Opinion office, or in Mailbox #754, by noon. Issue 26:5 26:6 BE A PART OF YOUR NEWSPAPER Submit Articles, Commentaries and Letters To The Opinion in Room 724 Or To Mailbox 765, 754, 147 or 590. October 30, 1985 Opinion 11 �Like people, a bar's popularity depends most on that intangible quality known as personality. Its personality is the sum total of its features, not necessarily in proportionate amounts. Just as one might prefer the friendship of an amiable, down to earth, average "joe" to that of a genius millionaire, impeccably dressed in polyester, with less personality than a wet sock; that little hole in thewall where you meet your friends for wings every week probably has more personality to you than a glitzy, expensive place where you know no one and frankly don't care to. In choosing friends, one might decide that one characteristic means more to you than another, or that one far out- weighs another in which the bearer may be deficient. You perform a sub-conscious cal- culus to arrive at a single, overall impression, negative or alive, but also has wider parameters with' which it can positive, taking into account looks, thoughtfulness, intelligence, sense of humor, etc., all relative to your own standards. A bar's popularity also depends on the same type ofcalculus, considering atmosphere, price, clientele, location, decor, and service. As an organic unit, a bar has to have an amount of personality sufficient to keep it make artificial adjustments in Garcia's Crawdaddy's Restaurant 2 Templeton Terrace Downtown Buffalo on the Waterfront 856-9191 Garcia's Irish Pub 74-76 Pearl Street Downtown Buffalo 856-0111 .. nightly specials. "It seems like more of an adult crowd, not quite the meat market some other places are I feel comfortable here," says Mike Breen, Youth Counselor and local writer. Thus, at least for some people, Garcia's is a place to mingle with fellow professionals, usually groups of people from the office, rather than a singles bar. Likewise, law student Trixie (not her real name) says that "After a hard week, I don't go to bars to get picked up I go to drink; and I drink to get drunk." At a typical Friday Happy Hour hundreds of up-and-coming professionals populate the bar, still dressed from the office, unwinding from the week, ... I'lmdt I 'mlils: I'uul Humimmd Madonna lookalikes as at other bars. The Yuppie ideal thrives in such an atmosphere. many patrons Although Features Editor — retary. The "dancing" couple was watched by the gallery of drirtkers above. The scene reminded me of the Roman gladitorial bouts at the Coliseum. Both dancers should have been thrown to the lions or Arthur Murray. The main drawing point of Crawdaddys is the waterfront patio. Despite the smell of motorboat fuel (which was a enjoy describing themselves as Professionals (often, it might as Be well be stamped on their foreheads), plenty of people who are not caught up in the Money-BMW-Gold Card Yuppie triangle enjoy Garcia's. The bar itself is not pretentious, and most people feel comfortable ■there, whether watching a hockey game, håving dinner with a date, or chatting with colleagues. Unfortunately, such bars inevitably attract two spedes of scrupleless and bloodthirsty creatures like kids to mud, the gold-digger (including ambiti- AY Re w ous secretaries) and the pretenders. Unfortunately, the latter category indudes some law students (without Jobs downtown) who (and everyone knows it) have put on their best and only suits just half an hour ago. To be fair, it also includes the souls whose first words are Tm a medical student (or dental or accbunting, etc.)." The good news is that these two types usually wind up babbling to each other, wasting each other's time, leaving more room at the bar for me and Trixie. on complimentary I'lwio I felt like a freak as I stepped into the main bar area of CrawCrawdaddy's daddy's. is I'holn I 'riifits: NEED RESUMES? ACCU-TYPESETTING, INC. 47 Christine Drive • Tn. Amherst. NY 14120 toff SweetHome Rtt between No French t, Tonmvindi Creek fid) About 5 minutes from the Amherst Campus (7 id) 691-7480 • Dependability • Fast Service • Moderate Prices Opinion October 30. 1985 12 "No mercy fora criminal freak in Las Vegas the shark ethic prevails eat the wounded." Hunter S. Thompson, from the book Fear and Loathing in Las Ve^as. hors d'oeuvres served by waitresses dressed like Irish Catholic school girls, and slugging beers at two dollars a crack. With a dress code strictly enforced by courteous, well dressed, young doormen from South Buffalo, and a lack of earshattering music, it's no wonder Garcia's attracts a more sophisticated crowd, more interested in discussing business, making connections and meeting fellow professionals, than playing pool or picking up Quality .. by Kevin O'Shaughnessy by Timothy Burvid No one can dispute the physical characteristics of Garcia's Irish Pub, which is neither a Mexican restaurant nor a small pub. It is big, clean, and relatively classy, containing three bars, two banquet rooms, and a fairly large restaurant, all of which become densely populated on Friday evenings as Buffalo's yuppies hit the happy hours. And, unlike other happy hour bars, it does a brisk trade with weekend partiers, as well as on weeknights, drawing in partrons after Sabres games, theatre events, and for its and especially encourage you participate in this survey. See Timothy Burvid me. CRAWDADDY'S on the Waterfront Irish Pub munching its personality (e.g. changing prices, redecorating, etc.) With this in mind. The Opinion is rejuvenating a feature known as The Bar Review, where field investigators will relate to you their impressions of various bars frequented by law students (or those that should be). Since each bar has a distinct personality, we will be everything from bars where law students can practice parading around in their little lawyer costumes, to loud, rowdy, rock and roll joints where jeans andT-shirts are the order of the day. We welcome any comments or criticisms, Paul Hammond "downtown Buffalo's happy hour hotspot on the waterfront." It may be "on the waterfront" but Marlon Brando would never set foot in the place. They wouldn't let him in without a collar anyway. The morbid beauty of Crawdaddy's is its notion of self-esteem. This bar embodies the shark ethic: an over attempt to banish anything believed to be lower class. Almost everyone when asked why they went to Crawdaddys stated, "Crawdaddy's is a bar with CLASS." Crawdaddy's is not "Slass," it is class conscious. There is an unspoken belief of the patrons: If one dresses, drinks, tips, and thinks "class," one is "class." This theory has never been proven but Crawdaddy's is the theory's central testing laboratory. I began to relax after a few beers. The dance floor (complete with rotating disco ball!) was in a pit four feet below the bar area. A middle-aged lawyer type, actually he danced more like an accountant, was cutting the rug with an overweight sec- I rrdils: Paul Hammond reassuring smell considering the pretentious atmosphere), thepatio is a good place to drink beer (after eight p.m. it's only a buck a bottle) and watch the sun go down on Lake Erie. The yuppies can gaze longingly at the waterfront and condos dream ... to each his own. Yes, "you can have it all" at Craw- daddys. You can even count the Don "Miami Vice" Johnson impersonators (i.e. white sport coat, sunglasses, T-shirt, boat). The highlight of the night was talking to a manager of Crawdaddys. He told me you could change a man's personality by taking him out of his T-shirt and jeans and putting him into a suit and tie. Clothes as social control. George Orwell would be proud. Could this work in state prisons? Get those felons out of those work clothes and into Bill Blass they'd chill right out. .. . , fe Even the sight offree chfcken wings could not change my view of the place. Aβ I watched dozens of yuppies voraciously flesh, animal devouring Thompson's shark ethic crept back Into my head: They were tating the wounded. �W>V THE BUFFALO i -4 i 5 CONfRIBUrORS LECTURE SERIES Hvv* , , , Cla« S+_v+«.tK CHARLES J.D., PH.D. in a lecture airM discuiion of his forhcominq articléio be (telfméfyrhe Buffalo Law^a/iav? PREVÉN/ToVE. fWE /I / J\ // QlA$§ \/ \ *jl)(' | /S / i v _/ 7n 1 V »»£*&' Supreme/ United/States '".f^j "»• heia thé mé of pr?dictions of /"dangerousness"' ]. / V curtaxUng ,-in individual-s _ eventua\ // up- th* basis f or demonstrated librfrty. ' ' ' /,' again Research Ms tlie majferity of predicåipns ousness prove' to be kong. _.Aftfer reviewing tfhih ntydangerresertrch. Professor Ewing exsAines the Couk's reasoniVg in Marti'n and lts i mol icatioiw.. Professor Ewl,ng\argues that the Court reasonmq portertds not only Supreme Coutt approval of preventive de_ention for adult? bilt also state-mandated mtervention in the lives of are merely oredicted N to be "dangerous." V \ / • 'X / vast » H i V di a, I I /'/ f I t — l- \ -___ children\who '/ ' • _ flEveryone / ,/ » * \ Welcome\- ■Oct. V». 30, (985 106 0'6RIAN MALL (law I r AMWER5T CAMPUS I -+V_ _. L**-" - U, _n<<li-, Future Interests W..<7i <(;•<- ytfii eomiitfi to bat, dear? We huven'i mude love for u week. Isn'l ull your Property rcuil. dear? Is the ehunev of u vurumev hleak? \\ You sil mul you skur ul that Utile red hook And you sweur limi our future is sluted To he full and rewurdini> if only we mif-hl *. - .1 "■ -»■■ I'md a lord «ho will suhinfeudule us. I hese iulereils which interest von huve Utile lo do With the rpUeflhuI I hei; from my lover. So enfeoff ull you wunl hut he sure thai quile soon I' II he foreed to (es)cheut with some other. Rox A. Muru — ■ The Pieper seminar is now the "hot" bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? ask our alumni. Don't take our word — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue, Mineola, New York 11501 Limited Enrollment PIEPER REPS 1987 Zoran Najdoski Walter Ramos Charles Telford Judith Kubiniec Doris Carbonell Maria LoTempio Brian Mahoney John Rowley 1986 Duane Barnes Beasley Ross Lanzafame James McElhbne • (516) 747-4311 _ _, . ; _\ mEarly Registration to December Discount^ 1, 1985 M October 30,1985 Opinion I m 13 �, U ,„, bM>'«"' ! , ,, ° ^rs**" I■ w» "S** WWW* " U<» » "»■"" ■ "« 0««J J I October I■ I I 111 111 m ■ J ■ Any questions, please contact the following: I THIRD YEAR REPS Nancy Barshter , Susan Berkow Jessica Braginsky Lori Cohen Bill Daly 1 Ken Diamond Daniel Figueroa 111 Dan Flynn Rob Galbraith Gary Farrell Matt Fusco Sim Goldman Jay Goldstein Tim Farley Paul Hensley Nancy Krieker Matt Metz Roy Mura Ed Peace •~ Opinion October 30. 1985 14 Cathy Papas Gina Peca Thomas Roach Delano Robinson Mary Pat Robinson Leslie Stroh Gayle Towne Karen Vance Laura Washington SECOND YEAR REPS Karen Buckley H. Todd Bullard Robin Chekla Marcy Cohen Mary Comerford Kevin M. Comstock Keith Fabi Katie Keib Paul Karp Jay Kenigsberg Tammy Gordon Karen Grasberger Sue Kent Jay Lippman Alicia Lacapprucqia Steve Ricca Rick Resnick Patty Robinson Robin Rosenberg Debbie Rosenband Joel Schecter Jennifer Sanders Leslie Schuman Eric Snyder I Sam Spiritos I I Larry Spicazzi Evan Shapiro ... Colleen Rogers Tina Simpson �Test Yourself: Are You a Vile Law Student? The Law Student Involvement Quiz Have you bought the Law School mystique? Take this scientifically formulated test to find out just how much. Tally your yes and no answers and compare with the scale at the end. Good Luck! 1. Is the only time you use Nexus when you're in the shower? 2. Do you still catch yourself thinking that substance is more important than form? 3. If you don't know an answer, do you say "I don't know"? 4. Within the past year, have you fantasized about that you haven't successfully stemmed those crimi- a. meeting Joel Hyatt b. Being Joel Hyatt c. Being Judge Wopner nal tendencies? 6. When in class, do you consider the following important questions? a. Is the reasonable man standard really fair? b. Who is Regina, and why is she in so much trouble? c. Why do all judges have the same first initial? 7. In your spare time, do you 5. Do you stroll through the law school building clutching your very own coffee mug? Does it have your name on it? Does it have someone else's name on it, indicating Star Wars Research in O' Brian Conducted on Law Students tern that the professor takes to class. The student who helped to design the system stated that thedevice is pointed at the class which thereby showers them with charged particles. This, in turn, moves the molecules in their systems at speeds approaching the speed of light. By Einstein's theory, the undisclosed source said, when an object approaches the speed of light, time for that object passes at a slower rate than stationary objects. The immediate concern is to by Seymour Styers Undisclosed sources from the School of Engineering disclosed today that time travel is being experimented with in applying tests Einstein's Theory of Relativity. When pressured for specifics, the source disclosed that the experiments were being conducted in Dianne Avery's labor law class. It appears that Professor Avery was approached last semester by representatives of the Department of'Defense who asked her to use a particle beam type device which is disguised as a small public address sys- determine whether the welfare of the students at UB Law School is in jeopardy. However, .. HEY YOU! Why waste your money on expensive study guides like Emmanuels and Legalines? Why waste precious drinking money on Bar Review courses, when there is an easier and cheaper alternative? Here, now are the "Real" Nutshells of Law "Only diamonds are forever." Contracts Property "Possession is nine tenths of the law." Criminal Law "Crime doesn't pay." Criminal Procedure "Book im, Danno " Family Law "Familiarity breeds contempt." Trial Technique "Never hit the defendant" Appellate Advocacy "The squeaky wheel gets the grease Wills and Estate Planning "Life sucks, then you die, then your relatives sell what they don't want." These are just a few of the concise nutshells available for law courses. Nutshells are also available for otherfieldssuch as Proctology This won't:^;e^bir.ju^Nupl^^pt)yjs^^^^Nwer v CTOSS.the green and" yellow wires. Call before midnight tonight to order yours now. This offer may end without warning! Operators are standing by. —— — — —— —— • •• • •• • • — These Are The Facts a. drink? b. Shepardize Montana Appellate Court decisions? c. Wonder about the bats hanging from the ceiling in Room 106? 8. Have you quoted Judge Car- when asked if there were any adverse effects, oursource said that only two negative effects have been noted. First, the release of charged particles causes excessive heat, thereby explaining the "microwave effect" in the large O'Brian lecture halls. The second effect, he' said, was far more serious. It seems dozo a. seldom? b. often? class "seems to elevator? 10. Have you forgotten your locker combination upon returning from Christmas break? Score yourself! More than 18 yes answers-VLS (vile law student) 14-18 yes answers-not quite vile, but reprehensible 11-13 yes answers-Spending too much time in the mail room. 8-10 yes answers-Normal, Q Train material Less than 8 yes answers-You're only a student; corrective surgery is out of the question. Clone Appointed Dean that because of the time change effect Professor Avery's labor law c. in your sleep? 9. Have you read War and Peace and/or Gone With the Wind while waiting for the last forever." When pressed for just how long the classes were, our source stated, "Well, it depends on just how high the power level is turned up. One class can range from several hours to several hundred years. In fact, if she's not very careful, time could stand completely still." When approached for comment, we were told that Acting Dean John H. Schlegel was not available due to his personal experiments with the charged particle device. He did, however, leave a message that he had "travelled back in time so I could meet myself." Acting Dean Schlegel took with him Professor Janet tindgren since according to Schlegel, "she was familiar with time travel." continued from /ft/jff I Schlegel said. "And besides, as Acting Dean I was having some difficulty memorizing all the words to the Volga Boat Song," he said with a chuckle. Schlegel also noted that cloning could be "the solution to all our problems." He said that he now plans to propose to the Faculty the cloning of absent Professors Joyce and Girth so that "we will be able to offer Gratuitous Transfers and Debtor/Creditor Relations next semester." The possibility of cloning professors also intrigued Professor Al Katz, who said that he would like to be cloned so that "one of me can continue teaching here just in case one of me has to be somewhere else next year." SBA President Lori Cohen said that she would like to be cloned "many, many times." Cohen said that it would be "ideal" if SBA could be entirely composed of Lori Cohens. "Why not? I'm the greatest," Cohen claimed. Acting Dean of Student Affairs and Search Committee Member Steve Wickmark also was pleased with the cloning. "Finally the Faculty has what it always wanted—another Tom Headrick," Wickmark said. "The Committee knew all along that they would never settle for anything less than a Headrick clone." Former Dean Headrick questioned the extent to which the clone will be identical to himself. "UB scientists have assured me that cloning can never precisely duplicate the original," Headrick said. "UB scientists have assured me that cloning can never precisely duplicate the original," the clone agreed. ... LatkO RESUME SPECIAL! FOR STUDENTS & FACULTY H " I! '""'•'">•'"'' '.'i'jV'' ''".':'":''"•'",'''■!""":""':":':l' J PACKAGE OF 50! Includes • TYPESET 1 pg. RESUMES (Bttxll, black Ink) • 50 MATCHING BLANK SHEETS The Cβntral Park Grill SUNDAY Open Mike Anything Goes! MONDAY TUESDAY JAM Players Inner City JAZZ , • 50 MATCHING BLANK ENVELOPES # WEDNESDAY THURSDAY SATURDAY >-10C Wings Shakin' Smith 50c Drafts and his Blues Band $1-00 $3.00 We Rest Our Case. NOW §G>)K9§ CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! — 3 DAY SERVICE SAVE •e00 NOWI expires 12/31/85 Coupon must be presented, 3171 Main Street Buffalo. NY 14214 & South Campuses! Serving North 2519 Main Street "A real bar and grill" KITCHEN OPEN TILL 2 A.M. GET 1 FREE WITH THIS AD DRINK BUY 1 Expires 11/13/85 1676 Niagara Falls Blvd. Tonawanda, NY 14150 835-0100 834-7046 October 30. 1985 Opinion 15 �— I LITTLE - I KNOWN TORTS During our years of researching dusty, dank, dingy law libraries and other known (and even some unknown) niches and crannies in search of potentially bizarre bar exam questions that might be sprung on unsuspecting students, we discovered certain "little known torts" that have yet to appear on any exam. As a special student service, we thought it only fair to bring one of these unknown torts out in the open, just in case. _ After a long, arduous journey across the bounding main, wracked with scurvy, beriberi, tikttou* storms and sea I - . serpents, the sailing vessel "Mayflour," complete with company, ship's ijjv . landed safely at Plymouth Rock. • ■■•'■ ■> • ~,.|,» T ITT[ IOKIS #1 *1 KNOWN TODTC LITTLE no, a, .11 in keeping with other ■-.■■.■■■' ■■ *S ■ ■■ ■■ historical records) mayhem broke loose in the form of <■■' Private Peter Pilgrim As Peter Pilgrim was disembarking from the ship, the wet gangway slipped off Plymouth Rock, propelling him over ■ s ■ ;'.„ ■"■» the rock, landing on (and destroying) a festive table, laden with mouth-watering goodies painstakingly prepared _--d by Chief Chuckie Cheez and his tribe. J? /'after reviving Private Peter Pilgrim Chief Chuckie Cheez, (and removing mass quantities of cranberry sauce from his . %yf KP* v nostrils and a drumstick from his left ear) sued Private Peter Pilgrim for damages for destruction of property. Private Peter Pilgrim in turn sued Captain C. Way for \iftlßuU It l|fwßul tlmnvuSuulslslil 111 xMif' negligence for allowing Ban to disembark on the wet gangway. I Captain C. Way in turn sued Far Flung Funships (owners and operators of the "Mayflour") on the grounds that the vessel was equipped with an unsafe gangway. Far Flung Funships then sued Gangway Gratings Ltd. for product liability since the gangway was' 'guaranteed to be **c|jn nrOOf ** ' Gangway Gratings Ltd. sued Chief Chuckie Cheez for negligence for improperly using Plymouth Rock as a disembarking place since it was moss encrusted and was therefore a dangerous mooring facility. '.-.■ \ ■'■■■..-■ ■■ After a long and very vocal trial, Judge N. Jury ruled and -■■■■: yy ■ . : ■'■■ : his verdict is one of the answers listed below. %&£Em So, to add a little enjoyment to the story and in "thanksgiving" of the verdict, if you seed in an answer by November 29,and it matches the Judge's, we'll send you a coupon worth $25 off a Josephson/Kluwer Bar Review Course or Josephson/Kluwer Workshop. mail to your nearest unknown josephson/kluwer office TORTst, luiut NOSTHEIiN CAIIFOiNIA Hyde Street 129 so" Frandsco, ca 94i02 Address Oh, City |4IS] 77^3202 s,ote Low School Z'P Pteose enclose on opplicoton for: n Bar Review Course- State n workshop Multistats Workshoo v Mumstote Rules, Amvnrmua be posknorkxl no loMf Aon Novnnber 29, 1985. the 525.00 coupons will be moiled tothe student upon receipt of correct answer. $25.00 coupons will be honored in ADoiSsued o«, validnvough januo.» 3i. 1986 $25 oo coupons TKDN TO THE fAll WSCCHJNI only il you enroll in Ihe Bor Review Course prio. to i Michigan offce ~" w "' MftttST (3i3t 559 7406 To io^e™, NewYork, |212| the couponis a dscountirom the course priceand NOT a deducbookdeposrfs/down payments. Coupon, ore non fonsleroble No In all coses, Son from required cosh wdWipiton. o»couP »pW -ud«kxu- OT Bc.R W^o,^««rt .woH»hop NY %£? Leocon BoslonMA 02215 knowingly placed the dinner table too close to the "jllintkiju" jjilil Slippery i i6754M MINNESOTA OFFICE 1821 University Aye. 5.137 St. Poul, MN 55104 A U Chief Chuckie Cheez was held liable because he 10010 m-icton Of nrF s *2o r 125 PA "j lOC XTX/ I /J |\ V Answers (check one) □ Private Peter Pilgrim was held liable because he was NEW YOel( OFFICE ,6,7) ONIY Oh, and that's in addition to the current fall discount of w. Jetwson Drvd. TOCK. m C All parties were held to be partially ai fault and ordered t0 sit down at a *•">" tob,e "give thanks" that III) SCriOUS (laiTiagC WaS (JoilC ""» » ailli I() CClcbratC the momentous occasion at least once a year. y 16 Opinion October 30.1M8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9b88f332d1b16658e9831f1aea2e9cd1.pdf 62ffe03a98cdaad27d000984fecfa28c PDF Text Text Cohen Chosen SBA President In Close Vote Bullard Takes Vice-Presidency Slot by Peter Scrlbner The elections are over, and this year's Student Bar Association will be headed by a pair of enthusiastic but contrasting officers. Lori Cohen, elected president, is likely to encourage a casual but spirited atmosphere in the group; relaxed aggressiveness if you can picture that. Newly elected Vice President H. Todd Bullard matches Cohen's positive attitude, but may prefer a more formal, non-partisan tone. Cohen approaches SBA with remarkable optimism. Her chief concern is with student life, and believes SBA should do whatever it can to improve the day-to-day headaches common to all law students. Cohen believes that the contrasting demands of SBA's three main functions—student problems, social events, and political activities—need not be divisive. On the one hand, she thinks that SBA, as the elected representatives of the law student body, ought to take a stand on political issues of concern to students. On the other hand, she believes that students of contrasting political viewpoints can and should get together more often. SBA ELECTION RESULTS: President: Lori Cohen* Bonnie Berger Vice President H. Todd Bullard* Carol Haar Nancy DeCarlo Treasurer Jerry O'Connor* Tom Sartoga Bill Blasi Secretary Colleen Rogders* Rose-Anne Landau 243 204 198 171 81 199 129 85 182 161 Partisanship, in an ironic way, can unite the law school community rather than divide it, since students who are committed to political action (of whatever kind) at least have in common an interest in public affairs. Cohen herself has very decided opinions on various subjects, yet advocates her positions with a smilerather than a shout. "Why," she said, "I even get along with " whereupon she named a fellow student who's political views were galaxies away ... Class Directors First year: Nancy Steiger* John Williams* Dave Petrich* Josh Rosenblum* Susan Binjszkiewicz* James Eiss* Scott Thurman Sandra Childs Robert Bogdan Brian Bomstein* Pam Neubeck* Vicki Argento* 80 76 70 Nancy Holtby* Larry Basel* 125 121 106 104 23 Third year student Lori Cohen was elected President of the Student Bar Association in an election held at the UB Law School two weeks ago. A little over half thelaw school student body voted in the election, and gave Cohen a winning margin of 54 percent to 46 percent over Third year: 69 Bonnie Berger. Cohen has been Leslie Stroth* 106 very active in SBA affairs over the 67 Del Robinson* 103 past two years and believes her 62 Sim Goldman* 83 experience was the deciding factor 55 Gary Farrell* 79 in the election. 54 Lionel Rigler* H. Todd Billiard, a second year 74 50 student, was elected Vice President Joe Jarzembeck* 71 of SBA, defeating Nancy DeCarlo Floyd Bookbinder 63 and Carol Haar in a three way race. Second year: Dave Chapus 61 Bullard, who served as a first year Karen Buckley* 132 Bill Blasi 48 director in the SBA last year, received 44 percent of the vote. you have to take a stand in life, that Both Cohen and Bullard hope to from her own. It remains to be seen you can't hide on the sidelines. But increase communication between whether others can similarly temper the law school community and the Bullard would reply that SBA SBA their Commitment to Truth enough during the coming year officers may well have been elected to recognize non-believers as fellow Another second year student, not for their political beliefs but Colleen humans. Rogers, was elected because of background their and secretary, while third year student H. Todd Bullard sees the role of positions on the issues all law Jerry O'Connor SBA as a forum for discussion, won election as students rather than an advocacy body. He seventh agree on—late grades, the Treasurer. O'Connor served last floor roof, incompetent year as Business Manager of The believes that student involvement in professors, and parking. Opinion, but has resigned that the political issues of the day is The may two officers differ on extremely important, but absent position to avoid any conflicts of more SBA than the role of in interest with his SBA post. Eighteen "overwhelming student support," politics. Cohen prefers a wide open SBA should be encouraging debate, let-it-all-hang-out other students were elected to the style of running tfifc_as__class rather than taking positions. Cohen directors continued on pg. 6 would consider that to be silly, that THE OPINION Votame 26 No. 3 STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OF LAW October <>, 1985 Social Science Experts Join Law Faculty Professor Blum: Civil Procedure by Krista Hughes Jeffrey Blum arrives at UB Law School with a diverse panorama of interests, in areas such as environmental law, litigation, freedom of expression, psychology, sociology and drama. He says published works include Pseudo-Science and Mental Ability, an exploration of the of exaggerated notions scientific testing on assessing mental abilities. He has also penned several "expansive law review-type articles" on race issues, social theory, political sociology and some social psychology. First Amendment rights is a topic in which Blum has a specific interest and which "cries out for some good social theory to be written about it." In his Section Three Civil Procedure course, Blum likes to combine the basic subject matter with what would be considered "lawyering process" course material. He to "stress likes the manipulability of doctrine" by examining the rules of procedure and analyzing how they are used to bring about differing results based on the deciding court's orientation. He considers his approach to teaching that of a "legal realist." Next semester Professor Blum will teach < Constitutional Theory and a seminar on free speech, in which he will supply an analysis of the functioning of institutions which are that he finds the academic environment here especially conducive to interdisciplinary study, a major factor in his acceptance of the school's offer to teach Civil Procedure to the first year class. Blum comes to UB from the firm of Sive, Paget and Riesel, a twelve attorney "Park Avenuetype" Environmental Law firm in New York City. Prior to his two years with the firm he divided his time between a position at New York University School of Law, where he taught a legal writing course, and a position as trial attorney for the Union of Concerned Scientists. As attorney for the Union, Blum was involved in hearings conducted within the Nuclear Regulatory Commission which strove to shut down the Indian Point Nuclear Power Plant. A native of Ann Arbor, Michigan, Professor Blum spent eleven years in California before moving to New York City. He earned an especially important undergraduate degree in psychology from Stanford University and, pursuing an interest in the Social Sciences, received a doctorate in Sociology from the University of California at Berkeley and a law degree from Harvard. His published works include Professor Munger: Municipal Law of speech - by Krista Hughes Jeffrey Blum standing among law schools in this country, and supports and encourages the innovation for which UB is known. In his free time, Blum steps out of a strictly law-oriented mentality and writes screenplays, usually a mixture of comedy, and serious drama. He admits to having had "a history of sporadic involvement in little theatre" and finds that drama and law, especially courtroom law, are not mutually exclusive, and are in fact closely related. "Buffalo Model." Prior to accepting the position at UB law school, Professor Munger, a Michigan native now living in Snyder, N.Y. withhis wifeand two sons, worked in both teaching and administrative capacities at Antioch School of Law in Washington D.C. since 1974. He explains thathe finds UB slightly more traditionalthan Antioch, which began as a teaching law firm and which maintains aradical, "way out" attitude toward the instruction oflaw. There, students learn public interest law by clinical experience rather than by casebooks, although the schoolhasbeen experiencing a trendtoward classroom teaching. Somewhere between strictly clinical and strictly casebook approaches lies Munger's own approach to teaching. Studentstaking Municipal Law this semester and his Legal Profession course in the spring will find that Munger likes to emphasize contextual and historical material in order to "sharpen and clarify the issues." Equally important, however, is practical application, and Professor Munger encourages exercises in which students role-play so that they "actually apply what they are learning in class to to freedom (newspapers, for example). He enjoys bringing social arid political theory into the study of law,' as evidence of interest in strong a interdisciplinary work. Blum is impressed by ÜB's "avant garde" reputation and high Frank Munger, one of two new professors at the law school, is no stranger to non-traditional legal education. In fact, judging from his previous experience and interest in public interest law, clinical legal education and the social sciences, Munger, who now teaches Municipal Law, should fed right at home with the Frank Munger practical situations." Munger's research interests lie in interdisciplinary work within the social sciences, as is evidenced by a law degree and a Ph.D. in sociology, both of which he received from the University of Michigan. He accepted the position at UBbecause, heremarks, "I share a lot of interests with people who are already on the faculty. This is a school that's developing a strong interest in interdisciplinary work, and that's my main center of activity." Currently, Professor Munger is involved in research concerning economic development and the law, specifically the impact on the legal system of "economic transition from laissez-faire capitalism to monopoly capitalism" and the consequent evolution oflegal doctrine. His research, which is funded by a grant from the NationalScience Foundation, focuses on three small communities in West Virginia. It examines the "new classes of litigants you begin to see litigating in the courts, litigating for what purposes and what difference that makes to the evolution of the community." He is able to look at the legal histories of individual litigants, then, more broadly, explore how the outcomes of a specific class of cases affect the local economic and political structure, and on an even larger scale, how they affect state and federal doctrine which deals with that particular class of litigant. The evolution of the courtsystem and court reform in this country are subjects on which Professor Munger has written. His published material includes works on First AmendmentRights and the English working class during that country's industrialrevolution. He has alsowritten about the role of clinical teaching in a standard legal curriculum, a subject with which he has had much first-hand experience. Professor Munger's experience and approach make him well-suitedfor a fulfilling stay at UB Law School. �Volume Z6 No. 3 Concurrences and Dissents October 9, 1985 Editor-in-Chief: Managing Editor: News Editors: Features Editor: Business Manager: Collective Law Review Victor R. Siclari John K. Lapiana Jeff H. Stern Paul W. Kullman Timothy J. Burvid By Brett Gilbert Jerry O'Connor Imagine this, if you will: a group of people, all gathered together for a common purpose—the pursuit of knowledge. It is a relatively homogeneous group, everyone striving together, sharing their victories and defeats, their problems and their frustrations. A sense of community purpose permeates the group as it goes about achieving its tasks. All appears well. However, just as the group is Staff: Harry Bronson, Paul F. Hammond, Kevin O'Shaughnessv Charles E. Telford Contributors: Dave Chapus, Diane Dean, Brett Gilbert, Krista Hughes, John Martin, Elaine Pers, Peter Scribner, Amy Sullivan lC Copyright 1985, The Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees and by advertising revenues. Composition and Design: The Spectrum Press Heed ABA Standards rounding a corner, moving on to more difficult and substantial problems, there comes from above , an influence; an influence which seeks to destroy the group's solidarity, the sense of community which the group has for so long tried to maintain. This influence has as its goal the division of the group into two subgroups, one subgroup having more knowledge than the other. Members of the group begin to revere the influence, believing it to be a source of great knowledge and benefit. "Standard 20l(b) The law school shall have the resources necessary to provide a sound lega\ education and accomplish the objectives of its educational program, and shall be so Organized and administered as to utilize fully those resources for those purposes. . Standard 210 Affiliation between a law school and a university is desirable, but that relationship shall serve to enhance (he program of the law school. The influence from above claims to be benevolent, claims to be advancing the interests of all. Most believe in the legitimacy of the influence and are satisfied with its effects. However, there are some who grumble. They grumble because they do not see how the I l Standard 701 The law school shall have a physical plant that is adequate both tor its group's interests are being current program and for such growth in enrollment or program as should be advanced when knowledge is being deliberately kept away from some anticipated in the irrimediale future. of them. They see the influence as a be sufficient adequate classrooms and seminar rooms to tool to elicit acceptance of the Standard 702 there permit reasorable scheduling of all courses and there shall be such additional rooms creatin of two classes within as may be necessary to provide adequately for all other aspects of the law school's society: one blessed, and the other, program. well, the other not so blessed. The influence from above (a) The physical facilities shall be under the exclusive control and reserved for the eventually succeeds. It brings about exclusive use of the law school. 11 the facilities are not under the exclusive control of the end of community spirit, the the law school or are not reserved for its exclusive use, then the arrangements must end to group solidarity. The influence comes to set group permil proper scheduling of all law classes and other law school activities. member against group member and (b) Adequate provision should be made lor the conduct of moot court programs destroys the human bonds that are formed in the course of collective American Bar Association. Approval of Law Schools. Standards and Rules human action. ol' Procedure (1983). At first I asked you to imagine the above situation. Now 1 ask you The standards above are just a few of the plenary guidelines formulated by to look around and determine if the ABA's Section of Legal Education and Admission to the Bar. Taken this, somewhat dramatized, cumulatively, the compliance or non-compliance with the promulgated standards scenario exists within the walls of determine the initial and ongoing accreditation of a law school. Thus, serious O'Brian Hall. I believe that if we open our eyes attention to the standards is merited. Since we all are lawyers, we could sit down and play games of interpretation and just a little bit we might come to see intent. However, it would seem that this task is one which the ABA already has that we do, indeed, act within such performed, resulting in the current wording which is an attempt to make the a scenario. 1 think this scenario standards as clear as any legal guidelines or rules could ever expect to be. describes, fairly accurately, how Therefore, we here at UB should not embroil ourselves in a discussion of the students in our law school come to feel the purpose and effects of the intent and interpretaion of these standards, but should determine if we are Buffalo Law Review. making a good laith ettort to adhere to the spirit of the standards. After all, the The Law Review is a fascinating ABA will not accredit us on how well we argue the proper application of their standards and rules, but on our success in living up to the highest possible institution. It is a self-perpetuating •body designed to impart knowledge compliance with their standards and rules. Thus, the question we face is whether we are complying with the standards, and if so, to what extent. Or, to make an analogy, are we satisfied with "Q"ing out or are we trying to earn as many "H'"s as posssible. It is time for UB Law School to stop being subservient to the needs of the University. We have mandates to fulfill. Are we in compliance with the above standards now that UB Law School is no longer in charge of classroom scheduling in its "own" building, has no priority in scheduling, but must make arrangements through a central scheduling? ' COMICS The classrooms in O'Brian Hall should not be overrun by undergraduate classes the point that a law professor encounters a bureaucratic nightmare in scheduling a make-up class. Nor should law school clubs or organizations have to compete with each other for available classroom space if they hold their meetings at the same time on the same day or need more than one classroom for a conference or competition. Also, can we really feel thai the physical plant of O'Brian Hall is "adequate" in light of the current and impending increasse of traffic on the second floor by the library entrance. Can the Law School really be "organized and administered as to fully utilize |ils] resources" when it takes live years to fix a leaking roof (and only external repairs at that) while in three years the campus has grown by three buildings, a football stadium, an Olympic swimming pool and various other facilities too numerous to list. Should the law student (or any other student or faculty member) spend thirty minutes trying to find a parking space within walking distance (i.e.. other than Ellicolt Quadrangle) because he comes to school between the hours Of 10a "i. and I 1..V. a.m. to , Somehow, w* believe others share the feeling that the symbiotic relationship between the law school and the University that once may have been has been transformed into one which has been detrimental to the Law School in certain vital respects. , It is lime for the students to sit down with their student representatives and administration of the law school and University to plan the course of our law school's future, than having it planned without bur mput. 'The students are the consumers who nave paid for an education and degree from this institution. If UB Law School deteriorates, students will purchase their education and degree elsewhere. Consequently, the value of our degrees will depreciate rather than appreciate over time. rafHef . n?i»timfcW'.«fc.iriO*,= if figfol#&tt»iilni.&ll ***r« t*t?< s n,f '"•WrAi on those of its own choosing; those who are members of the organization choose those who will be future members. There is no room for discussion. If you are not one of the chosen, you will not partake of the club's selfproclaimed wisdom. Through the deliberate, though unnecessary, selectivity of membership, the Law Review mystifies itself, giving itself importance, status, and legitimacy within the community. We should examine the reasons why the Law Review would resist having itself democratized and why it would prefer to remain an institution which generates animosity between students in law school. The mystification of Law Review is an important ingredient in the ideology of the marketplace. The Law Review prepares us, trains us to accept similar mystical experiences when we must all search for a job. When we apply for an employment opportunity, we give it our best effort. However, the final decision concerning our placement involves a determination by members of other self-perpetuating bodies known as law firms, or employers in general. By the time a decision is to be made about our employment, we have been thoroughly conditioned to accept the secret deliberations of "private" bodies. Employment is madeavailable to those who accede to the mystification of decision making, and Law Review helps pave the way for the acceptance of this mystification. Law Review, therefore, is an excellent teaching tool which employers use to elicit and condition of acceptance marketplace ideology. We can directly observe this by noting the emphasis law firms place on Law Review experience. By requiring Law Review experience as a condition of employment, law firms are insuring the perpetuation of this teaching tool and the accompanying lessons it teaches; they insure the acceptance of an ideology which permits private decisions on matters of public importance. Marketplace ideology also requires the workforce to be divided and set against itself in order to blur power relationships. Through the institutionalization of a permanent pool of unemployed people, thus insuring an adequate supply of inexpensive labor, employers breed racism, sexism, and homophobia as workers are forced to compete for jobs that will help keep them alive. As a result, workers come to see their fellow workers a the enemy, rather than those who seek to divide them. Workers are then less likely to unite to fight their common foe. Similarly, Law Review rests on a psychology of "divide and creating artificial distinctions within an otherwise group, thus homogeneous preparing us for our future role within the marketplace. The Law Review competition focuses our attention on outdoing our fellow students, it encourages us to belittle others for either having been accepted to Law Review or for not having been accepted. We see as the enemy our fellow students instead of the institution which breeds artificial and destructive competition among students. Although law firms, as well as employers in general, are a powerful lobby to oppose, this should not deter us in an attempt to make the Buffalo Law Review a conquer," collective, democratically controlled organization which would be open to all students who wished to join it. A collective Law Review would help liberate us from destructive and alienating competition which destroys group solidarity; a collective Law Review would allow all students to partake in whatever wisdom the Law Review has to offer; a collective Law Review would lead to its demystification so as to eliminateits reputation as an elitist but most organization; importantly, a collective Law Review would help students see more clearly the power relationships in our society so they are better able to direct their energies against common enemies, rather than at each other. Finally, we should collectivize the Law Review if for no other reason than to maintain internal consistency here at ÜB's school of law. Our law school is premised on an amorphous concept known as the Buffalo Model which, from what I understand, tries to maintain a noncompetitive, collective spirit amongst students and faculty. Our grading policy is an excellent expression of this cooperative principle. It is pure hypocricy to publicly advertise the benefits and virtues of the Buffalo Model while also perpetuating the existing organization of the Law Review. We should be honest with ourselves and concede the contradiction, for the resolution of the contradictin will make us stronger. By Chapus �Faculty Enhances Status of Clinical Instructors by Jeff H. Stern In an effort to strengthen the law school's "live client" clinical program, the Faculty of Law and Jurisprudence has adopted a resolution which will enhance the status and job security of present and future clinicians. The resolution, which will go into effect this academic year, provides for a dual system whereby clinical instructors will be eligible for either tenure track appointments or long term contracts, renewable depending upon their individual preferences. "It is a bad thing for a university ever to have people around who do regular work who are not a recognized part of the central entity," Acting Dean Schlegel said. Under the current system the clinicians are appointed to one year renewable contracts as with modifications downward, however, in the quantity (but not quality) ordinarily required for the granting of tenure. Over the next two years, the Faculty will also review the five clinicians currently employed' by the law school to determine if reappointment to either a three year renewable contract or a tenure track position is appropriate. The five clinicians and their respective fields are: Joseph L. Gerken, family law; Ronald M. Hager, education John N. Lipsitz, law; bankruptcy; Kathleen Rimar, immigration; and Anthony H. Szczygiel, legal services for the elderly. The Faculty adopted the dual SLOMBA'S & University of Buffalo present LAW SCHOOL NIGHT Every - Wednesday, 9:00 p.m. closing system on a recommendation from Nils Olsen, Director of the Clinical Legal Education Program. Olsen wrote the Faculty that he thought a hiring system which offered two alternatives would be flexible enough to accommodate the Lecturers, but there are no interests of both practice and formal for standards research oriented clinicians. performance review and The former would presumably contract renewal. In addition, choose year the three clinical instructors in the renewable contract, while the current program have no vote on latter would prefer a more the Faculty, and are excluded permanent arrangement, with from other traditional Faculty the possibility of tenure and a privileges and perquisites. full professorship. Under the new system, future Schlegel said that the clinical instructors will be changes contemplated by the appointed to either a tenure resolution "are designed to fully track position or to a three year domesticate the clinics as a contract which is renewable a part of the law school's ongoing single time. In either case, there program and establish will be clear standards for them on a permanent academic renewal and promotion, as well basis." as voting privileges and Noting that the present increased salary levels for the system of hiring clinical clinicians. Those appointed to instructors on a year to year tenure track positions will be continued on pg. 6 expected to publish regularly, ... V— jw^~'-/ REMEMBER! SUPER BIONIC NIGHT * Featuring 50c Bionics (16 oz. Stroh's or Genesee) SLOMBA'S 75 Rodney (near FUlmore & Main) 836-9551 PASS WITH �A Century of Wilderness Preservation Adirondack region alone includes 46 mountain peaks which are 4,000 by Elaine Pers feet or more in elevation, one of Environmental Law Society which is the state's highest peak, Mt. Marcy at 5,344 feet. The initial move towards the During the week of September Ilth, festivities were held in Lake preservation and protection of these to lands occurred in 1870 and is Placid, New York, the 100th anniversary of New York State's commemorate credited to the insight of Verplank Forest Preserve Act. The Act, which has since been incorporated into the state Colvin, a local land surveyor. It is told that Colvin had just completed an expedition to the summit of an area mountain and upon the constitution, marked a successful effort on behalf of the residents of New York to keep the mountains, lakes, forests and wetlands of the Adirondack and Catskill Parks "forever wild." It serves today as a constant reminder that over a century ago, the residents of this reporting of this expedition to the state's Board of Regents, he concluded, "... these forests should be preserved; and for posterity should be set aside, this Adirondack region, as a park for .. " New York. In May 1885, these lands did in state possessed enough foresight to fact gain the state's protection upon seek the protection of these lands the passage of the Forest Preserve from human exploitation. Act. It is presently embodied in the These lands encompass the New York State Constitution as highest mountains in the state. The Article XIV and reads as follows: Law School Announcements n by Amy Sullivan I 1 The undergraduate roots of UB Law School's class of 1988 are only slightly different this year when compared to the entering classes of previous years. Traditionally, the entering class is comprised mostly of UB college graduates, with the SUNY system in general providing a good source of the class. Among private universities, Cornell is still the largest source of the entering law school class. However, Law School Registrar Helen Crosby noted that UB is attracting students from all over the country. "It seems we are hitting some different schools than in the past," Crosby said. "Among them are Augustana College in South Dakota, and Chaminade Students and Faculty are invited * * destroyed." Due to the Forest Preserve Act, the Adirondack and Catskill Parks exist today in their natural state, special places where one can find the serenity and rare beauty only the mountains can offer. These mountains certainly appear worthy of the celebration held in their honor, as 100 years of protection passes by. Hopefully they will be around for the bicentennial celebration of their continued protection. Freshman Class Maintains Standards THE WOMEN LAW STUDENTS ASSOCIATION WILL HOLD A GENERAL MEETING ON TUESDAY, OCTOBER 22 at 3:30 p.m. IN ROOM 10, BASEMENT OF 0'BRIAN HALL I "The lands of the State, now owned or hereafter acquired, constituting the Forest Preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or taken by any corporation, public or private, nor shall the timber thereon be sold, removed or * The Jaeckle Center For State and Local Government Distinguished Speaker Series Presents Thomas F. Hartnett Director of Governor. Office of Employee Relations Mr. Hartnett will be discussihg his role and responsibilities at the GOER Tuesday, October 29,1985 Box Luncheon, 12:15 545 0'Brian (Faculty Lounge) All Students and Faculty Welcome University in Hawaii." Nevertheless, although the exact figures are not yet complete. it appears that the entering class is Crosby said that personal composed primarily of New York statements and letters ot are also State residents: 200, as opposed to recommendation only 20 out-of-state students as considered. well as a handful of foreign The Special Admissions students. The majority of out-of- Committee reviews files and looks state students come from the for unique qualities in applicants; bordering states of Massachusetts, those who have various backgrounds and life experiences. Ohio and Pennsylvania. Although most of the first year As far as numerical academic credentials are concerned, they class has come to UB directly from are almost identical to those of college, there are some who have last year. The class had a median already earned various graduate Law School Admission Test (LSAT) degrees. They include Master's score of 36. The median G.P.A. degrees and Ph.D.s, in many dropped 2/100ths of a point, to different fields of concentration. 3.28. This makes the age range here The first admission criteria quite broad, twenty-one to fifty looked at from an applicant are ..years-plus in age. Crosby also the G.P.A. and the LSAT score. /noted that the percentage of "For some applicants you don't women "was holding up very need to look any further," Crosby nicely at 46 percent." said. "Those are basically very She concluded that, "the first excellent students." The year class is very interesting, and admissions committee also looks I'm looking forward to working for variety in choosing applicants. with them." These Are The Facts ... Y<Hill get first hand experience in (he court- it lakes to be a Marine Corps Officer and room right from the start In three years, you lawyer, talk with the Marine Corps Officer could handle more than 3,000 cases in a Selection Officer when he visits your campus, ~ I More than 190,000 wide variety of subjects I from international to con| Marines could use MM&VC tracts to criminal law. If d@& your service. *n/i/l/i/i * you think you haw what I »• MyUSJUUV CUCtttS I ftrrm the Jtirt L—^——^ The Central Park Grill SUNDAY Open Mike Anything Goes! MONDAY JAZZ JAM TUESDAY Inner City Players WEDNESDAY THURSDAY SATURDAY Shakin' Smith 50c Drafts lOC Wings and his Blues Band $1.00 Bar Drinks $3.00 Pitchers We Rest Our Case. 2519 Main Street "A real bar and grill" KITCHEN OPEN TILL 2AM BUY 1 DRINK GET 1 FREE WITH THIS AD Expires 10/29/85 (limit one per customer) �"The Boy Mechanic" The SBA Governmentby Kevin O'Shaughnessy The elections are over. The what Have We Elected? don't think it works too well. students are capable of Here's how I make my representing themselves. "informed" decision: I vote for I want to overthrow the SBA people I know. If I don't know government and replace it with any of the candidates, I write something truly radical: the in a friend's name. This year, my town meeting. Anarchist! selection for SBA president was Blasphemer! Commie! a student who transferred out of Think about it. Meetings the University of Buffalo Law could be held on a regular basis School. in the Moot Court room. Every I felt he would do the best job student would have the of representing me. I don't want opportunity to speak and vote. to be represented. I don't want The issues would be debated to represent any one else. I and voted upon in a more open would like to think that law and (dare I say it) democratic "government" is in place (we were without a government for a month but no one seemed to notice). Get ready people! We are about to be represented. The campaigns and elections are supposed to expose the issues and candidates. This allows the voter to make an "informed" decision. This system is far too traditional for a "progressive" (according to the law school's brochure and Schlegel) law school. Besides I atmosphere. This law school is not large enough to require an elite, ■ring body. Frankly, there is ■Me than enough elitism WH&d here. The present officers would •rap the benefits of the overthrow. Since the burdens of government are to be shared by everyone, they would have more time to devote to their studies. The only real, tangible loss they would face would be on their resumes. There are other activities which can be used on a resume. (The Opinion always needs writers.) As it stands now, we vote for other people. Why can't we vote for ourselves? The present system teaches us to be represented. We should learn how to govern ourselves. This would look good on everyone's resume. The Public Sector Public Interest Lawyers Can Make a Difference by Diane Dean If there's one thing Bob Elardo, a 1982 graduate of UB Law School, has in common with other public interest attorneys, it's his desire to make some changes. Elardo heads the Volunteer Lawyers' Project in Buffalo, a job which requires him to be an advocate, an administrator, and a salesman (his worthwhile and can help limit their own overload of poor people seeking representation. He admits that the second argument doesn't work very well. Elardo, one of the four founders of In The Public Interest magazine while rin law school, believes in his job. 'lt can tie very rewaiding to see that you've made a difference in someone's life because they gofl custody of their child or didn't get/ thrown out of .their apartment because of you.' some of his law Some of his law school friends...encourage him to "stop all of this idealistic stuff and get a real job." preferences run in that order). The project secures lawyers for people who "aren't going to get represented any place else" because of the shortage of legal services for people who can't afford to pay lawyers' fees. As administrator of the pro bono program, Elardo sells private attorneys on the notion that taking a few free classes a year is Betore studying law, Elardo worked as a salesman and a construction worker. "I saw all the school friends "politely shrug their shoulders" and encourage him to "stop all this idealistic stuff and get a real job." ißut for now, Elardo sees the value in what he does—he left a private criminal defense firm to do it. CLEO by Timothy J. Burvid learned before he left law school that decisions weren't always made because they were the 'right' ones, Elardo encourages students with similar concerns who are "sitting on the fence" about the decision between public interest jobs and private firms not to be held back by the high visibility of corporate law models or the limited funding for public interest work because of the political climate today. "There are a lot of people who are on the fringe who can be very happy with public interest work," Elardo said, "but if they find some other type of work, they'll be happy too. It's OK not to feel like you have to decide something one way or the other right now or anytime. But you should try to find out what public interest ideas are like." Elardo recommends that students "get some public interest experience and explore it more." He suggests divorces anyway? Why don't they taking a clinic at the law school or just move apart from each other?" working in the public interest "for a Another said that his secretary few years. It's a way of putting would kill him if he gave her something back into the community anymore extra work. But there are for all the benefits you'll be able to also attorneys who take more than reap during your years in practice." the allotted two or three cases a Giving back to the community year. Elardo says that returning to does have its frustrations, Elardo says. The most frustrating is that he Buffalo toget the Volunteer can't help all of the people all of the Lawyers' Project off the ground time. The next is being behind a has been worth it. "1 don't have desk too much of the time. Elardo, much of a chance to form changes who returned from teaching at in the law, I think. So when I can do Berkeley and working in California it, that's really satisfying. I feel like to run the Project, sees his job as I go along through the weeks and 1 laying the foundation for the can see I've made a difference in Volunteer Lawyers' Project in peoples' lives. But 1 think I've done some good by bringing free legal Buffalo. To do that he has to be an services to people who'd go without administrator more than an them if it weren't for this project." advocate. Elardo has to look at the Maybe that's something else legal needs and decide which cases Elardo and other public interest he's going to handle. It isn't easy. attorneys have in common—they "It's a cold taste or reality," in wantto make a difference as well as fact. Often he can't get enough make some changes. attorneys to take all the pro bono Diane Dean is the Graduate work that needs to be done. Elardo often hears excuses. One Assistant for Public Interest/Public attorney asked Elardo's secretary, Service Careers in tbe Career "Why do poor people need Development Office. From Hyman to Schlegel She's Seen It All family, her name in Greek was Heraclea. Cleo is merely an accepted nickname for her Greek name. One day, Schwartz heard Audrey call her Cleo, and she has been Cleo ever since. When the law school moved to Amherst, Cleo recalls, "The place looked like a wilderness, but at least we had the parking spots all to ourselves." (O'Brian Hall was the first building on campus, and stood alone.) "Most of the faculty wanted to move out here, although you'll Selu&artz, Thomas Headrick, and now, Acting Dean Schlegel. As former Dean Headrick has said, "I wouldn't be dean unless Cleo was my secretary." Cleo remembers the early years, when the graduating classes numbered around 40. When UB While deans may come and go, the dean's office has retained an unbroken line of service from Cleo Jubulis, secretary to the dean and familiar with the UB institution. became a state institution in 1964, Cleo has occupied Room 319 of the school started growing more O'Brian Hall since Day One of its rapidly. While most people in the existence as the first building on the six-ties were experiencing Amherst Campus, possibly making Beatlemania and the psychedelic era her the longest continuous resident was beginning to blossom, UB law on the entire campus. students were just making the Cleo, whose sincere smiles warm transition from suits and ties to the hearts of anyone traversing the more casual dress. third floor, came to UB in 1959, While sockless topsiders and whenthe law school was part of the Hawiian shorts are now an everyday private University of Buffalo and sight on warmer days, in the sixties, was located on Eagle Street in "students always wore suits and downtown Buffalo. Cleo recalls ties; even the women never wore that in the early years, there were slacks," said Cleo. "Then one day only five professors (including a student who always wore a suit veteran Wade Newhouse), and came to school wearing loafers Dean Hyman. without socks, and that started a The dean had his own secretary trend towards more casual who also functioned as the fashions," Cleo theorized. registrar, while Cleo served the rest Similarly, while the students on of t(fe faculty. "I walked in with my the Main Street campus "Of course, the law school also went through long hair and all that,...." suit, hat and white gloves, and was hired right away," Cleo reminisced. Since then, Cleo has worked for five deans, Jacob Hyman, William Hawkland, Richard "Red" bosses making decisions for really petty reasons. I thought that if I went to law school, I'd find people making decisions for the 'right' reasons. I wanted to be involved in deciding what was 'right,' what the law would be." Elardo concedes he participated in protests, law students quietly went about their work on Eagle Street. "Of course, the law school also went through lone hair and all that " remarked always hear people say they'd rather be downtown," Cleo said. In the twenty-six years Cleo has been here, she has met "lots and lots" of students, and "liked them all." When asked if she ever had any favorites, Cleo replied, with a maternal smile, "If a woman has four daughters, and you ask her which she likes best, shereally can't say. I've liked them all." Cleo she finds it interesting to occasionaJUylmmp into students downtown, and prides herself on her ability to remember first names. Heraclea "Cleo" Jubulis Cleo, noting that she has nothing personal against long hair. In the sixties, UB Law School was just a small local school. Even women were few and far between. Cleo recalls that when M. Delores Denman tried to enroll, Dean Hyman tried to talk her out of it. (There were two women students said. Court Justice for New York State, and has since become good friends courses. The early seventies were a time of change for the law school. It was growing in size, changing its mission (developing the Buffalo Model), and moving to theAmherst Campus. Richard Schwartz became dean in 1973, and was a sociologist by profession, not a lawyer, according to Cleo. He started then). Today, Denman is a Supreme developing interdisciplinary with Hyman, even performing his marriage ceremony. "There are so many more married women with children going here. I give them an enormous amount of credit," Cleo Red "was very 'informal and down to earth," reported Cleo. In fact, he's the one who started calling Harriet Jubulis, Cleo. Cleo explained that her legal name was Harriet, but coming from a Greek "1 think its important to call people by their first names," deo stressed. Cleo said that she had no idea that she would someday be secretary to the dean of a law school. In fact, prior to coming here, she was an Arthur Murray dance instructor for ten years. Then, "I got this job and loved it." She hasreceived two staff awards from graduating classes and supposes that people get some sort of service recognition upon retirement, but said that she has no intention of leaving just yet. "I enjoy my job tremendously. All the deans have been wonderful people, as have all the staff and students," Cleo concluded. �Marathon: A Challenge For Students by Paul W. Kullman When the gun went off starting the Buffalo/Niagara Falls International Marathon on Saturday, Sept. 21, the goal of many runners, including three UB law students, quickly changed from one of finishing the course, to one of finding it. Second-year students John Zuroski and Jack Luzier "found" one course and finished at the Chippawa Bridge, 1.8 miles from the Falls, together with 488 other runners. Julie Brett, also a second-year student, "found" another course and finished along with 154 others at the Enginerium adjacent to the Falls—the place where the race was supposed to end. Over 100 other frustrated runners dropped out, many vowing not to run the event next year if it is held. with most of the finishers at the Chipi«wa Bridge site ran as much as an additional six-tenths of a mile, Zuroski said he was pleased with his results. "I was happy because this will make the next maraton seem shorter." The problem of which route to take, or not to take, occurred at about the 6-mile mark, just outside Fort Erie. Race director John Chew, who was leading the runners in his car, broke away from the Niagara Parkway Police escort ahead of him because, he said, the police escort had deviated from the knew ran slower than me." Brett, running in her second marathon, covered the course in 4:04 in finishing by tie Enginerium. While admitting she indicated they would probably run the Buffalo/Niagara Falls International Marathon if it was held again next year. in the event it isn't, Luzier said he and a group of friends calling themselves RUST (Runners United for a Safe Tomorrow) will run their own marathon. them. "We have to, in order to have the "When 1 heard everyone else get so upset, it just gave me more Marathon Party," he said, motivation to finish," Brett said. referring to the annual party he and "1 used everyone else's anger and his housemates have held following decided 1 was just going to have the race for the last six years. "The marathon came first," fun." Luzier, who ' wasn't running a Luzier said. "But now, the competitive marathon" because he Marathon Party is the reason to run was unable to adequately train due the marathon." 4 to injuries, said, "Psychologically, the mix-up didn't bother me. I think too many people wasted have taken. had some problems deciding which route to take, she "didn't take as big a detour as some people." While the mix-up caused many runners to become upset and even drop out, Zuroski, Luzier and Brett all said that it really didn't hurt Zuroski, who said he thought it was just he and the first 50 runners who "messed up," added that around the 9-mile mark, "There were two streams of people pouring in our route." "We got held up for awhile," he said. "Because of the wrong turn we took, we must have run into the 9-minute milers on the right course. Everyone was swearing and dodging back and forth." Jack Luzier, a veteran of six marathons who finished in 3:37, said he realized there was a mix-up at the 6-mile mark. "There hadn't been a mile marker for awhile," he said. "When we got to the 7-mile mark, 1 looked at my watch and knew race route. Approximately twothirds of the runners also deviated, and a finish line was quickly set up at the Chippewa Bridge site. According to Niagara Parkway Police, they were following a map energy being mad, and energy is of vital importance in that big a race." Luzier, Brett and Zuroski all cited "fun," "fitness," and the "challenge" among their reasons for running a marathon. All three something was wrong because I started coming up on friends who 1 of the course on which the Olympic Trials were run. Chew, on the other hand, was following a map of what was previously called the Skylon International Marathon. The latter was the route the runners were to According to Zuroski, who turned in a 3:13 clocking in his first marathon, runners wound up taking as many as four different routes. Although Zuroski, along LawSchool to Host World Hunger Conference by John Martin "World Hunger and the Law" will be the topic at a national conference to be held October 19, at UB Law School. The conference will be held in the Moot Court Room and is free to students ($6.50 with the luncheon). The purpose of the conference is to gather legal practitioners and theorists, and experts from other disciplines, to foster the development of legal theories and remedies to reach a solution to world and domestic hunger. The conference promises to be lively; participants chosen represent a diversity of perspectives. The program includes lawyers, law professors, lobbyists, theologians, a Congressman, a physician and a bureaucrat. Gayle Eagan, a 1985 graduate of UB Law School, organized the conference. It grew out of a study she did for an InternationalHuman Rights course for which she wrote an article entitled "The Right to Food as a Human Right." The article was published last spring by In The Public Interest The conference is sponsored by the International Law Society, the Graduate Group on Human Rights Law and Policy, the Erie County Bar Association, The Baldy Center for Law and Social Policy, and the Women Lawyers of Western New York. For further information, contact Carol Ho Rezvani at 636-2060. PROGRAM: 8:30 REGISTRATION 11:30 PANEL DISCUSSION: 3:00 REMEDIES: US Food Policy How Can It Hunger Can Be Erradicated Change for the Better? Pierre E. Bergeron, Esq. Hon. Benjamin A. Gilman Public Interest Lawyer for US Congressman (NY) Poor and Developing Member House Select Countries & Theologian Committee on Hunger Lucy Billings, Esq. Steven R. Coates Bronx Legal Services Director of Issues Bread for the World 4:00 OPEN FORUM Dr. Michael C. Latham Director of the Program in 5:00 WRAP UP: International Nutrition at Professor Philip Alston Cornell University - Coffee, Danish 9:00 WELCOME: Professor Virginia A. Leary, SUNY at Buffalo Law School DEBATE: Is There a Right to Food? Professor Philip Alston Professor Ellen Paul Social Philosophy & Policy Centerßowling Green State University 10:30 RESPONSE TO THE DEBATE: Julie Chang Bloch Assistant Administrator Bureau for Food for Peace and Voluntary Assistance US Agency for International Development 1:00 LUNCHEON: Keynote Speaker 2:30 DOMESTIC HUNGER: Are tne Hungry always to be witn us? Rev Kenneth Dean Member of the Harvard Physicians' Task Force on Hunger in America - Clinical... school, 1h matters such as nort law student use- of" the law library, congestion on the bridge, use oflaw continued from pg. 3 school classrooms, and even basis was designed when the parking, often conflict with the clinical program was in its New Student Bar Association Convenes for First Time university community at large. experimental stages, Schlegel said that the changes were "a student governments were planning school's newspaper, he reported unique asset of this University, that quite natural evolution" and by Peter Scrlbmr to have a breakfast meeting with that due to a controversial funding our special skills can contribute to adaptation to the growth and University President Steven B. cut by the SBA last spring, two the improvement of general present stability of the clinical The Student Bar Association held Sample on Thursday morning, issues per semester would have to be University life. It will be interesting program. its first meeting of the new year on October 3. Among the law school eliminated. He requested that funds to see if this modest divergence of The Faculty's resolution was Monday, September 30, and concerns that may be brought up at be restored so that The Opinion views, so representative of the partly a response to the prepared the agenda for the new the meeting are the use of the law could publish once every two weeks typical law student's schizoid American Bar Association's year. The group decided to meet school library by non-law students, as in the past. He was advised to relationship to the law school and recent passage of Approval every Monday afternoon at 5:30 paiking, and the long deteriorated present his request to the Finance the University, develops during the Standard 405 (c) which reads in p.m. in the first floor lounge. All O'Brian Hall roof. Committee at its first meeting on year. pertinent part, "The law school In general, while Cohen and should afford to Cohen challenged the new SHA Oct. 10. If approved there, the SBA meetings are open and students are full-time members to come up with ideas of could take the matter up at the Bullard have contrasting faculty members whose primary enthusiastically invited to attend. approaches first of to some of piece The business things SBA can accomplish this meeting scheduled for Monday, the subjects responsibilities are in its SBA will face this year, their professional included preparing to choose the year. Some ideas tossed out as October 14. skills program a common positive attitude will form of security of position heads of the SBA committees this possibilities included a Law School probably result in polite reasonably similar year. That selection process should year book, participation in the to tenure disagreements rather than and perquisites be complete by press time with the search for a new dean, getting provided from pg.l continued "real food" in law school vending confrontations during the to other full time faculty rhoices listed on the mailro.om bulletin board. A TGIT (Thank machines and supporting a book the meetings. Bullard believes that a upcoming year. They both want to members." The wording of the God It's Thu{sday> pany was also :o-op. bit of formality might help SBA encourage student participation in Standard, however, leaves Law school groups that receive earn more respect from the law SBA and the law school community unclear to what planned for Thursday, October 3 at extent the ABA as a whole, and both genuinely is now requiring such a change. 5:30 outside A&K on the third funding from the SBA are required school community. floor. It is hoped faculty members by By-law 13 to report to the SBA While Cohen plans to want to correct at least some of the Schlegel noted that the i heir plans and communicate with other university- day-to-day pains faced by students � Faculty's efforts to improve the as well as students will turn- out, twice a year in this enormous institution. position since that tends to increase the accomplishments.. Victor Siclari student government organizations,, of the clinical Undoubtedly their predecessors!, (instructors started even entertainment value of such pdrties. reported for 1 two organizations, she is leery of getting too involved' before in office shared similar ambitions.' the new ABA SBA President Lori Cohen PAD (the legal fraternity) and The in the often flaky activities of SA Accomplishing standard. "It's a objectives these frankly fact, like. she In and the good thing for the program and announced that she and the heads Opinion. As. editor-in-ctoiet of. jtht. law admits .that. Ihe. interests .of.the Jaw. remain* a. formidable task. L4 liej wncJutleA et' other* • graduate department Bullard sees the law school as a Elections... ' .. , -on. .. . l . • . �II ■■■■■■-■ out V2^our 550 I *" .he last down m J ■ dav ,or \A m 111 * 1 Any questions, please contact the following: I H I H 111 ■ eV,eV,' t THIRD YEAR REPS Nancy Barshter Susan Berkow Jessica Braginsky Lori Cohen Bill Daly Ken Diamond Daniel Figueroa 111 Dan Flynn Rob Galbraith Gary Farrell Matt Fusco < Sim Goldman Jay Goldstein Tim Farley Paul Hensley Nancy Krieker Matt Metz Roy Mura Ed Peace ' Cathy Papas Gina Peca . Thomas Roach Delano Robinson Mary Pat Robinson Leslie Stroh Gayle Towne Karen Vance Laura Washington SECOND YEAR REPS Karen Buckley H. Todd Bullard Robin Chekla Marcy Cohen Mary Comerford Kevin M. Comstock Keith Fabi Katie Keib Pau, KarP , Jay Kenigsberg Tammy Gordon Karen Grasberger Sue Kent Jay Lippman Alicia Lacappruccia Steve Ricca Rick Resnick Patty Robinson Robin Rosenberg Debbie Rosenband Joel Schecter Jennifer Sanders Leslie Schuman Eric Snyder Sam Spiritos Larry Spicazzi Evan Shapiro Colleen Rogers Tina Simpson �Start with a Solid Foundation... Blueprint for Success \ THEJOSEPHSON/KLUWER FLEX COURSE The most educationally advanced Bar Review Course ever developed offers you the most comprehensive course in the state or the shortest and most concise. Contact your Josephson/Kluwer campus representative. . . Josephson/Kluwer Eastern Regional Office 10 East 21st St.. Suites 1206 7 New York. NY 10010 (212)505-2060 Outside NY (800) 253-3456 / / HHLv ■ ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-10-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/9/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:54:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7319715a706d70662fad3b860b6886d3.pdf 1044ce62d70c944420e9d8104cd41bd9 PDF Text Text OPINION V01.26 No. 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 23,1985 Schlegel Assumes Acting Dean Post New Dean Appointment is Unlikely Until September '86 Schlegel Dons Caretaker Role as Search Continues by John K. Lapiana Describing his role as a "caretaker," Acting Dean of the Faculty of Law and JurispruSchlegel dence John H. explained that there will be little change in law school policies during a tenure he predicted will last "no longer than a year." "While I don't want to see the school grind to a halt, I see little reason to change what's going on," he said. "As dean, however, I may have to nudge things along to keep things moving. "Schlegel is replacing former Dean Thomas Headrick, who returned to teaching this semester. Calling the law school dean "the guy in charge of pushing the paper," Schlegel, who served as associate dean for the past 3 years, explained that the important policy and direction decisions are instigated and implemented primarily by the Faculty. "At this school, it's theFaculty which does most of the (policy) work as a whole," he said. "That's the nice thing about the job; the Faculty runs all the-big things and the dean is not asked to pull the boat down the Volga alone." Even with a dedicated and involved faculty, Schlegel, whose academic interests lay in American legal education and theory and corporate and procedure law, does expect to be involved in on-going law school concerns. For example, he noted, the school's admissions policy still "needs work," an especially important concern due to shrinking numbers of applicants nationwide and changing demographics. Schlegel foresees an "18 year trough" in the available student applicant pool beginning as the tail-end of the post-World War II baby boom enters college and continuing until their children are be ready to start postgraduate study. The problem, though, he said, should be less severe at UB than at the "marginal private law schools." However, he warned, as fewer New York State law schools begin to feel the population pinch, UB administrators should be prepared to fend off increased politicial pressure to aid private law schools at the expense of the State University. "Dealing with the problem (of a declining student base)," he said, "may be made infinitely more complex by New York politicians." However, he did note that in budgetary battles. State administrators are becoming less dependent on basing funding decisions primarily on student population statistics, looking more to other variables. Beside the admissions policy, by Jeff H. Stern Chairman of the Law School Search Committee and Dean of Management Joseph Alutto told The Opinion that the search for a new law school dean will have to be reopened and extended through the current academic year, since the candidates who were interviewed here late last spring "didn't quite fit what the Committee was looking for." Meanwhile, University ProJohn Henry Schlegel vost William Greiner said in a telephone interview that a new "That's the nice thing about law school dean will be on the Dean the job; the Faculty runs all job "by next September." "It's not at all atypical for a the big things and the dean good law school to wait and find is not asked to pull the boat the best candidate rather than down the Volga alone." simply filling the position," Alutto said. "What you're balancing is the desire to have a dean against the desire to get the high quality candidate you want, and sometimes that's a difficult trade-off." Currently, Law Professor/Associate Dean John Henry Schlegel is serving as Acting Dean, replacdicative of the school's national ing Thomas Headrick (see acreputation as an educational incompanying story). Headrick, novator. who was appointed dean in 1976, "UB is increasingly becoming resigned from that position last known as a place that is doing month as expected. interesting things in education Acting Assistant Dean of Adboth in the area of social science missions and StudentAffairs and perspectives and in terms of a Search Committee member collection of legal scholars as- Steve Wickmark said that alcontinued on pane 10 though those interviewed last spring were "all good candiliability for the cost ofthe repairs. dates", none of them "had what by Victor R. Siclari Although the builder was found the Committee as a whole and The State University of New to be at fault, recourse by the Unithe Faculty felt was needed in a York will spend at least $120,000 versity was unsuccessful since dean." for internal and external repairs the builder's bond insuring the "Once you get to be a good on the roof ofO'Brian Hall, Dean construction had been released enough law school and acquire Vice H. Fredericks, Assistant many years ago. Instead, the UniPresident for Physical Facilities versity Construction Fund is protold The Opinion. Water leaking viding the funds for the repairs. through the ceiling has caused Further delay was caused by extensive damage to the ceiling, the central SUNY administration walls and carpets of classes and in Albany, which had to give apoffices on the seventh floor over proval and allocate money for by Paul W. Kullman the past five years. therepairs. This finally took place With the Social Sciences BuildFredericks said that although last fall. Once approval was and the bridge connecting it ing and reinspections preliminary given, bids were immediately let with O'Brian Hall slated to offipairs on the roof's exterior have out but a contractor was not choopen next fall, concern has cially major improvements any begun, sen until winter, thus causing arisen as to the effect this will must first be approved by further postponement of the roof have upon the general character SUNY's in-house architect in Al- work. of the law school and in particubany. If the architect approves Construction was to have lar, the law library. the work, as is expected, the ex- begun this spring, but bids had Such concern was first voiced ternal repairs should be com- to be resubmitted after the sheet last semester by then secondpleted by mid-October, contin- metal contractor went bankrupt. year student David Hoffman. gent on weather conditions, said Once all bids were in, the exterHoffman, during a Student Bar Fredericks. However, no formal nal work on the roof again was meeting on April 15, Association timetable has been established. awarded to A to Z Coatings from proposed changing the entrance Fredericks explained that nor- the New York City area. the second library the from of law least ten mally a roof will last at Cost of Repairs Escalate to the third floor. floor years, but in the case of O'Brian With Further Delays His objective is two-fold: to reHall, which was built in 1972, the repairs to the roof, Internal duce the amount of student conroof aged prematurely. This was walls, offices and carpeting will gestion in the vicinity of the lidue in part to the failure of the be the responsibility of the office brary, and to help law students roofing materials and in part to Physical Facilities, which is of "regain a sense of community" exthe Buffalo temperature just starting to make plans for the which he feels will continue to tremes. work. In the interim, studentsand dissipate with the opening of the Bureaucracy Causes Delay faculty will have to further enlatest addition to the academic Initially, repairs were delayed dure the pervasive mildew odor spine. because of a dispute between the which permeates the seventh "The area in front of the law University and the builder as to continued on pane 10 library used to be somewhat of Schlegel said that "fiddling with the first year curriculum" will continue during his caretaker tenure. Currently, the first year courseload is significantly different than those offered at other more traditional law schools. The curriculum, Schlegel notes, is in- a national reputation, nobody wants to hire a dean who doesn't have a vision" of where he wants to lead the school, Wickmark said. He also noted that since the people the Committee pursued last year all had very successful careers, it was hard to lure them away from their present positions. Wickmark said that Greiner privately "made it clear" to the Committee that he was "more than a little disappointed that we didn't find a dean last year." However, when asked by The Opinion what adverse effects the lack of a permanent dean would have on the law school, Greiner replied, "I don't know that there are any." Although he admitted that there would be increased "uncertainty" and a "developmental lag," Greiner claimed that the lack of a permanent dean "doesn't mean the law shcool is worse off." But Alutto said that he sees more serious implications for the law school. "There are terrible consequences to not having a dean," he said. "If there are problems that should be corrected, the probability is that they won't be while you're searching for a new dean ... on the other hand, in Jack Schlegel's case, I think he will try to keep the school on track and will be an aggressive Acting Dean." Alutto said that although he doesn't see Schlegel "simply standing back and letting any problems continue," thefact that there is not a permanent dean continued on page 10 New Bridge Threatens to Increase Traffic , Photo by Victor R Stetorf O'Brian Roof Saga Continues a private area for law students," said Hoffman. "But that isn't the case any more." Hoffman would like to see the third floor ofO'Brian become the new "law school corridor." His "incremental approach" for accomplishing this objective includes the construction of a fully-staffed third-floor entrance to the library. He said the current second-floor entrance would in turn be used strictly as an exit. This would solve the impracticality of immediately moving the circulation reservation and desks, according to Hoffman. Eventually, though, Hoffman said the entire third floor might be filled in at which time both desks could then be moved up. Hoffman said the creation of a third floor library entrance would also result in there being better use of the third floor bridge connecting Baldy and O'Brian halls. continued on page 10 �Volume 26 No. 2 September 23, 1985 Editor-in-Chief: Victor R. Siclari Managing Editor: John K. Lapiana News Editors: Jeff H. Stern PaulW. Kullman Features Editor: Timothy J.Burvid Business Manager: Jerry O'Connor Letters to the Editor Advice to First Years 1) DO NOT TRY TO FIT INTO by Kevin O'Shaughnessy, Class LAW SCHOOL. Declare war on it. of 1987 Fight conformity. Anyone with a © Copyright 1985, The Opinion. SBA. Any republication of matethe briefcase should have to prove you feel out there. hear I I rials herein is strictly prohibited without the express consent of the tide. I smell the fresh leather of themselves to you. If everyone is Editors. The Opinion is published every two weeks during the brand new briefcases. The wave using legal pads, use something academic year. It is the student newspaper of the State University has arrived. The class of 1988 has else to take notes. (I have recently of New York at Buffalo School of Law, SUNYAB Amherst Campus, purchased an excellent set of "Aengulfed O'Brian Hall. Buffalo, New York 14260. The views expressed in this paper are not folders, but don't let that equipped This Team" wave comes necessarily those of the Editorial Board or Staff of TJie Opinion. The with resumes, board scores, law influence you.) Opinion is a non-profit organization, third-class postage entered at 2) LAW SCHOOL DOES NOT Buffalo, N.Y. Editorial policy of The Opinion is determined collecdictionaries, and questions. The tively by the Editorial Board. 77ie Opinion is funded by SBA from wave always has questions. Each END YOUR SOCIAL LIFE. Your Student Law Fees. study habits will not improve beyear, eager freshman law stucause you are in law school. Composition and Design: Words and Graphics, Inc. dents (every freshman is described as "eager," the words go Within a month you will return together like "cold" and "beer" to your same old, lazy self. or "hot" and "chicken wings" or There's nothing wrong with "hapless" and "Buffalo Bills") going on a weekly drunken binge ask upperclassmen questions (I think its healthier than jogabout everything. Upperclassmen qina.) It also provides you with aren't qualified to answer them an excellent chance to meet but they do anyway. They feel like some of your classmates. There Criticism is an integral component of development. By pinpointing weakare over eighty people in your nesses, criticism indicates where concerted action must be taken and thereby lawyers when they're giving adfosters growth. vice, and the wave loves to have section, try to meet them. If noThe editorial is one medium which is inherently critical. It serves as a their questions answered, so it's thing else, you will know who to troubleshooter. It seeks problems and highlights them in the hope that action This avoid. nice, happy relationship. a will be taken to correct them. 3) STOP WORRYING ABOUT wonderful and useless exercise in a as An editorial has duty to criticize policy failures and inadequacies well as present its own view on issues. Because an editorial functions so, it will mental masturbation usually ocTHE READING AND STUDYING. perturb some people and please others. It is all a matter of perception. It is curs at parties. As a freshman, I Most of the wave's questions boil a matter of a glass half-full or a glass half-empty. swore would never take part in down to "How did you do it?" This I Just as an editorial functions in the manner described above, so do articles, is useless. You can avoid anxletters and commentary serve specific functions. Articles fairly and objectively this ritual. As an upperclassman, iety if you stop believing there is present news and feature issues which are of importance to the paper's I realize that masturbation (especonstituency. Letters and commentaries on the other hand may be biased cially in law school) is inevitable. a right and wrong way to study and one-sided since they usually represent an individual's point of view. Here are my "answers" for the law. As the semester draws to a Therefore, if you, our readers, feel this paper is not functioning as you wave: close, you will realize right and believe it should, have several options. The first option is to write letters Editorial you and commentary conveying your beliefs. Of course, the more logical and rational and less emotional the appeal, the more convincing yourarguments will be. The second option is to write news and feature articles on topics which you feel merit attention. Objectivity is paramount if the article is to be credible and not treated as a platform for a special interest. Unfortunately, the paper's staff is limited and cannot cover every relevant issue. Therefore, your contributions are important. The third option is to speak to our editors concerning the editorial sentiment and the viewpoint of our paper as a collective body. While we reserve the right to maintain the viewpoint we espouse, we will take into serious consideration any opposing points of view. However, you have to make them known to us in an explicit manner with specific references for us to be able to properly address them. In orderto further promote open discussion of ideas, all editors have established office hours to ensure our availability to the students. Our office hours are posted on our office door, 724 O'Brian. We encourage you to take advantage of what your paper has to offer and to use it constructively. Law students, especially UB law students it seems, love to complain. We complain about the weather, the course selection, the Buffalo Model and, during exam week. Moot Court, and the Law Review competition, the minimalist hours of the Library. But, perhaps the most undying and justified of all complaints, is that concerning the faculty's consistently blatant disregard for adhering to grading deadlines. According to an internal memo circulated among faculty, exams should be graded and scored approximately one month after the last one is given. However, experience has taught UB students that one month is the exception rather than the rule. Frequently/students are forced to wait three, four or even five months before receiving their test scores. In classes where the entire grade is based on the one exam, professorial procrastination only leads to increased and unnecessary student anxiety. Pity especially the unknowingly student who happened into Professor Kenneth Joyce'sTax I class last September. She still waits for that grade, while explainingto jobinterviewers why the Tax grade is missing from her transcript. Even worse, and what should be more professionally embarrassing to the faculty, she may even have enrolled in Tax II or Corporate Tax, not knowing if she has even passed the pre-requisite course. The faculty are quick to rationalize their behavior, noting that law school exams are more complicated to correct than those offered in the undergraduate, graduate or other professional schools. That claim will probably shock most professors in the "real" University where a 96 hour grading deadline is strictly maintained. To the Management professor, the law faculty is a dream world. Not only does one get a month to correct a like number of exams, but the grading system is simpler (no worrying whether an exam was a B or a C, just put down a Q and go on to the next) and, for the most part, the final grade is that received on the exam. No need to average in a mid-term, projects or class participation. Unfortunately, the law school's response to the situation has been discouraging. The Dean's Office says it's the faculty's responsibility. The faculty say if deadlines are to be followed and sanctions imposed, that's the Dean's job. Even more distressing is new Acting Dean John Schlegel's attitude. His solution to the problem is for students to "withhold their affection" from tardy professors. Whether a much loved teacher is more prompt than a professor sans affection is not readily known, but we suspect that Schlegel's response was designed to be more facetious than sincere. It is troubling that such an important student concern is treated so lackadasically by the by Shari Reich, Third-Year Student The Opmron September 23, 1965 tell you that law school teaches you "howtothink." I call this "the big myth." It makes law school sound like, three years of brain washing. Youknow howto think! You got yourself in here, you'll get yourself out. Frankly, I wouldn't want anything to do with a person who spent ten thousand dollars and three years on school to learn "how to think." Personally, I would rather spend ten thousand dollars and three years in a bar, not preparing for the bar. 5) LIGHTEN UP! The last thing this law school needs is another lawyer. Don't submerge yourself in law. If you get involved in school, do it for the fun of it. The world is full of resume-builders, we don't need any more of those either. Enjoy yourself, you are paying to be here. of Professors Kenneth Joyce and I understand that there are restraints that need to be taken into consideration when deciding futhat almost everyone I talked to ture course offerings. Resources felt the same way. (If you did not only go so far and change from a petition and found satisfaction in learning I Upon receiving your course schedules for this year, I hope that most of you became as angry and frustrated as I did. The Buffalo Model has now offered us very little in the way of practical, commercial courses for the spring 1986 semester. Missing Debtor/Creditor, are: Bankruptcy, Gratuitous Transfers Moot Court Set To the Editor: happens so often in this place). Marjorie Girth. circulated get to sign, I apologize but time was of the essense if we hope to re-scheduling.) I gathered approximately 180 signatures and went to Acting Dean John Henry Schlegel's office achieve with our arguments. Schlegel understood there was a problem, but proceeded to expound thefactors to be taken into consideration in solving it. First came the budget concerns, then the practitioner's time and effort for just a "one-shot deal," then came the politics of discussing such things with current professors, and then came the somewhat "uncomprehensible concern" that the students were feeling over the lack of these On behalf of the Moot Court Board, I invite all second and third year students to participate in the 1985 Desmond appellate courses. advocacy competition. There will Schlegel was amazed that A&P be an important organizational was on the list and then meeting on Monday, September rationalized that since he did not 23 for anyone wishing to comhave Grat. Trans, but yet passed pete. The meeting will be in the bar, we students could not Room 106 at 3:30. The problem be "more stupid than him." Most will be handed out the following of you who know me, know what Friday, September 27. Briefs are color my skin turned upon heardue on October 25 and the oral ing that "sensible" reasoning. It arguments are scheduled from was also gratifying to realize that November 4-9. the students were made the last Following the competition, concern in Schlegel's mind (as second year students will be invited to become members of the Moot Court Board. In addition to awards for the first and second place teams, five brief and five Dear Editor oralist awards will be presented. The Awards Banquet, sponsored I would like to commend the by the Alumni Association, will law library staff on the Central be held on Saturday, November America display it is presenting 9, following the final round of the in the library. Not only is the discompetition. play well-researched, accurate, law school administration. This is a tremendous opportuand informative, but it also is The only bright spot in an otherwise gloomy scenario is the report from nity to sharpen writing and oral very timely. Time after time the Vice President for University Services Robert Wagner, who noted that if stuskills in a setting not news reports inform us that the dent complaints are being ignored in O'Brian, perhaps the fifth floor of Capen advocacy is the proper avenue for assistance. Students have tried everything else, can unlike that presented by the "real Reagan Administration is deterthe short walk to Capen hurt? mined to impose its Cold war world." ideology on the people ofCentral We urge everyone to particiWe urge the new SBA administration to begin a concerted campaign to bring pate!! America, regardless of the death attention of those outside the law school to the grading dilemma. Perhaps and suffering such an imposition only hierarchy prompt profesnot will University's from the a little pressure faculty William P. Daly will cost. Plainly, thisAdministrasors to grade exams more quickly, but make the Dean's Office and the Director, Moot Court Board tion is not prepared to accept the more in touch wi<h legitimate student concerns. 2 People (not just upperclassmen, but real human beings) love to Schlegel Response Inadequate and Agency & Partnership. The reason: the "timely" sabbaticals Stop The Delays wrong do not exist. This is called first year nihilism. A brief note about study aids (outlines, nutshells hornbooks, etc.): study aids are like sexual aids, if you think you need them, use them. But they are expensive and you can always make it without them. 4) FORGET THE "BIG MYTH." semester to semester. But these sabbaticals were not a surprise, and plans could have been made last year to take up the slack. And the only people who should make decisions concerning the . "time and effort" of the practitioners are the practitioners themselves. They all know their limits, and the word "No" is a part of their vocabulary. . rationalized Schlegel that we students could not be "more stupid than him." ... My real anger comes from realizing that we are the last con- sideration on the "factors list." How frustrating it is to understand that we do not count for much around here, even though it's our education at stake. If that's what the Buffalo Model is built on, then I think a reconsideration is in order. For a school that prides itself on being flexible and concerned, I found responses from the Acting Dean to be neither. The struggle is just beginning. Student Lauds Exhibit legitimate right of self-determi- nation of the Central American people, and is not beyond using illegal and inhumane methods to achieve its intentions. Of course, it is a personal choice to view the display, and to accept its message. However, this is no way detracts from the display's educational value. It's not surprising that some people have objected to the display and its message, since reality is often unpleasant and difficult to accept. But, is covering up that reality a better alternative? Alberto M. Benitez �Law Grade Report Deadlines Not Enforced by Timothy J. Burvid problem as students make it out the fact that the law to be. The University administraschool faculty have adopted for tion, on the other hand, has no themselves a policy regarding reason to believe that students the submission of grades at the are dissatisfied with grade declose of a semester, many stu- lays, since they haven't heard dents find themselves waiting any complaints. many weeks or months for Law school Acting Dean John grades in some courses. Henry Schlegel stated that there The deadlines, February 15 for are no real sanctions that can be the Fall semester and June 15 for directed at professors, at least the Spring semester, allow law not in the sense that lawyers and professors approximately one law students think about sancmonth to grade exams, far longer tions. than the 96 hours granted to proSchlegel admitted that the fessors in the rest of the Univer"dean's anger" was one availasity. According to adminisble mechanism for encouraging trators, the nature of law school professors to submit grades, but examinations warrants the that "sometimes a phone call lengthy deadlines. from the dean will speed things However, the real problem up, and sometimes it won't." seems to be professors who When asked how often the completely ignore even the "dean's anger" was invoked,, unique deadlines of the law Schlegel responded that "probaschool and keep students waiting bly not as often as some people well into the next semester, would like, and very likely more sometimes the next year, for the often than others would like." results of their examinations. Schlegel also pointed out that The law school administration grade delays are not only the doesn't seem to view it as big ai dean's problem, but the problem Despite , of the entire law school community, and that one sanction always available to a community is "withdrawal of affection." As Schlegel reiterated, however, there are no real sanctions other than pressure from the dean and the students. While one could imagine the possibility of stricter sanctions being employed, such as the threat of dismissal from the University, Schlegel called such a plan an "enormous cannon, likely to misfire." When asked if the late reporting of grades had a negative effect on students, especially students interviewing for jobs with incomplete transcripts, Schlegel responded that it "might make a difference for some people, sometimes," but where it made the most difference is psychologically. Schlegel characterized two sentiments students might hold. A student might get the feeling that "I'm not very good, so all my papers better be in order." Others might feel that they've paid for the course, gotten through it, and just want their grades for whatever recompense that will provide. On occasion. Registrar Helen Crosby will distribute copies of the Faculty policy to professors, reminding them of the self-imposed deadlines. Compliance is up to the professors, as Is the responsibility of answering to students. The Faculty policy also suggests that professors who anticipate a delay in grading make that factknown to theirstudents. Schlegel viewed the deadline not as an obligation, but rather as a norm established by ( the community. The task of enforcement of timely grade reporting throughout the University belongs to the Office of the Vice-President for University Services. However, the law school has been granted autonomy in this area, and although the Law School is "the last remaining unit that basically is not anywhere near in com- pliance," according to Vice-Pres- ident Robert Wagner, that office hasn't heard of any significant problems withthat arrangement. Since there hasbeen no real concern with the way the law school operates, his office hasn't pressed for any changes. Wagner indicated that his office has basically been concerned with undergraduate courses, and that after several years, they have effected a significant improvement in that area, so that now "the number of late grades is trivial." Wagner believes though the one month deadline was unique to the law school, he saidit is norm in other law schools. He said that one month was "a reasonable time period for any professor to complete his grading." Wagner poi nted out that the School ofDentistry is accountable to his office and has one of the best track records in the University in the timely reporting of grades. The Medical School, like the law school, is autonomous, and continued on page 6 Moot Court Offers Valuable Experience by Peter Scribner The 1985Desmond Moot Court Contest will begin Friday, September 27, when this year's problem will be handed out to participants in the Moot Court Room. Next Monday, Sept. 23 there will be an important organizational meeting in Room 106 at 3:30 p.m. Anyone interested in participating in the Desmond Competition should attend. The contest, open to all second and third year students, involves teams of two students each writing a brief and arguing orally on a hypothetical appellate court case. The participating teams have a month to submit a 20-page brief on the issue, and then argue before "moot courts" made up of local judges and attorneys. First-year students are welcome to participate by serving as "clerks" for the oral argument courts. This year's issue, written by a team member to concentrate on one issue. The brief writing teams may choose to argue it ends. This encourages participants to avoid procrastination, and also lets the board know if any team has dropped out of the con- Although the problem itself will remain a secret until September 27, the problem writing committee claims it will be "controversial" and "contemporary." Last year's question involved the First Amendment rights of cable participants attempting to monopolize research material. Students caught cheating face not only disqualification from the contest but academic sanctions as well, including the possibility of expulsion from school. The oral argument portion of the contest begins Monday, November 4. For three nights, over a dozen classrooms will be turned into temporary court chambers, with four member panels acting as Supreme Court Justices. The panelists, many of them U/B Law School alumni, are judges and attorneys from the surrounding area who have volunteereed to participate at their either side of the controversy. The briefs, due October 25, are test. judged anonymously by Moot While last year's contest was Court Board members, and repfree of reports of cheating previresent 40% of the total contest ous moot court contests have score. been plagued by unscrupulous television. In order to help participants with the novelty (and the anxiety) of the moot court experience, a board member is assigned to advise each team. The advisor cannot help with substantive issues, of course, but can provide moral support and help with questions on appellate writing and arguing techniques. Advisors will set up committee of the student-run mandatory practice oral arguMoot Court Board, involves an ment sessions to prepare their appeal to the United States Su- teams for the actual competition. preme Court. Lower court opin- Teams may also submit to their ions set the legal background of advisor a preliminary outline of the case, and the "writ of cer- the issues involved a week after tiorari" presents two basic issues the contest starts and a rough for appeal thus allowing each draft of their brief a week before Beach Access Spawns Property Dispute by David Platt, Environmental Law Society The construction of a chainlink fence across a Lake Erie beach by Arthur J. Matonti, a private upland property owner, highlights the relationshin whirh exists between members of the general public and owners of private property along bodies of water. Does the public have the right to use the beach or the foreshore between high and low water marks along the Great Lakes in New York, or may the upland land owner exclude members of the public from own expense. Each team will engage in three separate one-hour oral argument sessions; one each night. Each team member will argue one of the two issues presented, and the panel of judges will score each traversing the beach area in front extent of property titles are the subject of a number of judicial of his premises? The landowner in the present alternatives. The court's first controversy appeared to own "to choice is to rely on the language the water's edge" according to of the original property grant. the language of his property This approach presents probdeed. He constructed a four foot lems, however, as the boundary high fence which stretched line of waterfront land is rarely across the beach to a point fifteen stated as an enclosed linear feet from the water's edge. This measure in terms of feet and infence, approved by the Army ches or meters and bounds. Rather, the title description usuCorp of Engineers and the Department of Environmental Con- ally reads "to" or "along" the servation, poses no threat to waters edge—the water being an navigation or to the environ- ambulatory boundary. General ment. The fence was constructed rules, established in an attempt for the purpose of protecting pri- to clear up these ambiguties, vate property by preventing loud hold that title to lands abutting teenagers from using the beach non-navigable inland streams or into the early hours of the mornlakes extends to the center of the ing. Other members of the public water body. On navigable nonobjected because the fence li- tidal waters, the upland parcel extends to the low water mark. mited access to the beach. Restating the question: does Finally, on tidal waters, whether the property owner have the or not navigable, title is fixed at right to restrict access to the the high watermark. The probtem remains of selectbeach? What rights to the beach does the public-at-large have? ing a method for actually fixing Where is the boundary between the boundary line on the ground. the public and private shores? On tidal water bodies, the high The rules used to determine the water mark can be located using participant separately. Most in- terested in clerking can leave a terestingly, at least one of the message with your name and sessions will require the team to box number with Karen Vance argue "off brief"; that is, to take (mailbox 778). the opposite side from the posiSometime in November, new tion taken in their brief.The ability members of the Moot Court to argue either side of an issue Board are selected, based upon forcefully and convincingly is scores in the contest. Teamone of the unique characteristics mates are jointly scored on their of the legal process, and the brief and judged individually on Moot Court system is designed oral arguments. It is therefore to help students practice this possible for just one team necessary logical dexterity. member to be appointed to the Following the preliminary board. About thirty second-year round of oral arguments, the students will be appointed to the eight teams with the highest board. Third-year students, who scores are chosen to compete may participate in the contest and can enter the final rounds, in a series of elimination rounds. Quarter-finals will be held on are not eligible for the Moot Court Board. Thursday, November 7, semi-finals the following night, and the Bill Daly, director of the Moot final round on Saturday afterCourt Board, strongly encournoon, November 9. All particiages all students to participate in pants are then invited to an the contest. Success in the conawards banquet hosted by the test or appointment to the board Law School Alumni Association. is of course an honor and a "reAll oral argument sessions, insume enhancing" event, but all cluding the preliminary rounds, participants will gain valuable are open to the public. First-year experience in legal reasoning students who may be interested and technique. And while moot court contests involve a great in participating next fall are espedeal of work and no small cially encouraged to clerk or attend. Clerks supervise the timing amount of anxiety, the exciteand the scoring of the oral argument of the competition can be intoxicating. ments. Any first-year student inthe physical characteristics of the coastal area, the line of vegetation, the break between freshwater and saltwater vegetation, or the statistical averaging of all tides over a long period of time. Each method has its advantages, but each is also fraught with its own set of unique problems. Overall, the dilemma appears to consist of selecting between a precise method, where an accurate boundary is readily determinable given a sufficient data base, and a fair method, one which addresses the expectations of all property owners affected. Though the two values are not always mutually exclusive for a given method, the dynamic and unpredictable nauture of shorelinesoften produces such a conflict. In New York, the method chosen to locate the high water mark on tidal water bodies is the line of vegetation test. The present controversy concerns the determination of the boundary on a non-tidal, navigable waterbody—the physical characteristics test is used in most jurisdictions. Questions concerning the use of this test abound. What constitutes the natural water level? Are winter and spring water levels not just as natural as are summer and fall levels? What if water levels change as a result of natural or artificial events? The Matonti fencing controversy on Lake Erie serves to illustrate the impact of complicating factors, such as naturally or artificially fluctuating water levels, or irregular shoreline characteristics. How is the public-private boundary affected by lake level regulation? Where is the foreshore and does it have the same legal characteristics as the foreshore on a tidal water body? What are the public rights to this foreshore? Thus, while the public may use the foreshore on tidal bodies, does the selection of the low water mark boundary on Lake Erie not foreclose the public from any use of the foreshore? Or does continued on page 8 September 23, .1985 The Opinion 3 �STUDENT BAR ASSOCIATION ELECTIONS Presidents —To promote student body participation in the selection of a Background I will share with you my background because as an advocate of human rights, it will indicate to you that I am capable of assessing the lack of those rights and successfully working to correct some of the injustice I have en- countered. This record, I feel, has given me experience and skills which will qualify me to be a fair and just President of SBA. I am a registered nurse. Nursing is predominately a female profession. Working situations have classically been inflexible and low paying in proportion to the assumed responsibility. There was little opportunity to work part-time and great difficulty finding child care available at the odd hours. Also, nurses work around the clock. While living in Dallas and practicing nursing myself, I became acutely aware of the numbers of women who had left the profession because of these reasons. In an attempt to rectify these problems I started a temporary medical personnel business in Dallas. With a business license, one telephone and one secretary, I negotiated with approximately 25 hospitals and nursing homes to provide staff for them on a temporary basis. This allowed Commitment I have purposely not accepted a part-time job so that would have the requisite time to devote I to being SBA President. home medically supervised programs so the terminally-ill have some control over their environment in their final days). I worked diligently with doctors and the medical center to put together a hospice in our home to give him this freedom. Subsequent to his death, this prototype is now being used by doctors and several medical centers in Dallas. The skills I have acquired in promoting women's rights and the rights of the terminally-ill are indicative of my pursuit of equal rights for all. However, we must dig-in and not just complain about what is wrong, but put together workable solutions to those problems we encounter in an effort to begin to solve problems. This is why I am running for SBA President. nurses to return to their professions and to work flexible hours of their choice. I was able to pay them more than the hospitals in the area because my overhead was less. I worked with a daycare Goals —To get rid of the apathy surrounding SBA because of the lack of representation of the whole student body. —To protect the right of the meekest to be able to speak without being judged, labeled or necessary to allow them to work. I expanded and opened an office in Atlanta also. As a result of these efforts I ultimately provided regular Jobs for over 400 temporary pigeon-holed. center and other medical personnel to provide flexible child care and 21 full-time employees. I have also championed the rights of the terminally-ill to die with dignity. My husband was diagnosed with cancer and told he had a few weeks to live. There were no hospice programs available in the Dallas area (i.e. at- the spring class offerings with the faculty; to express those concerns many are raising about the lack ofcertain courses. Secondly, I would like to see many more students become involved in dean for the law school. —To accountably distribute student funds. Bonnie Berger, President —To foster cohesive interaction between all three years of legal education. —To promote greater faculty and student interaction. Issues —To promote intellectual freedom. —To ensure greater course selections in the spring. Treasurers can freely exchange divergent Buffalo Model I am here at this particular law school precisely because of what I believed the 'Buffalo Model' to be. After assessing all the catalogs from other law schools, I felt this school would foster the greatest opportunity for intellectual freedom.What is intellectual freedom? It should be the absence of necessity, coercion, or constraint in choice or action. It should encompass the freedom to debate, ie. to discuss a question by considering opposing arguments. Have I found this freedom? No. What I have found is a narrow representation of some of the issues. I find people intolerant of any opposing side of an argument if it does not fit within the constraints of their own predetermined concepts. This is blatant prejudice and bigotry. If we are truly attempting to learn from one another, we must have an open mind, we must listen to both sides of an argument. We cannot let a discussion of an opposing view digress to a shouting match of obcenities and per- Lori Cohen, President Heilo! My nåme is Lori Cohen and l am running forStudent Bar Association President. I am writing to present to you, the student body, my qualifications and goals. First, my credentials. As a third year student, I am entering my third year of extensive SBA activity. I was a first and second year Director. During my second year tenure, the position of VicePresident became available. I ran and was elected to the spot. My SBA involvment has gone well beyond the duties of my elected positions. I served on the Academic Standing and Standards Committee my first year, in addition to becoming a member of the Social Committee. In my second year I became chair of the latter and began the most active year the Social Committee has ever known. We threw more parties than the year before and ran a benefit at the Stuffed Mushroom to help "Feed the World" before it became the 'in' the students is that most vital to thing to do. It was primarily due the SBA. sonal attacks on one's person. to the immense student supUltimately, SBA is identical to This is not to say that the Buffalo port that we were able to send every other student organizamodel cannot work. I believe that $300 to the American Red Cross. tion-it is what the students make it can. A model is a tool. HowWe also ran the largest and it. An active student body makes ever, at this point there needs to most professional Law Revue representation that much easier. be a concerted effort made by the ever. We moved it downtown to Question your Class Director student body as a whole to use the Tralf and attracted over 350 candidates about issues that conthis tool to advance the legal propeople—nearly double the atten- cern you; question me if you see fession. Society at this point in dance from the previous years. me in the hall and want to know time loathes lawyers. If justice is Overall, activities show a com- how I stand on a certain issue to be blind and we as lawyers are mitment to the student body and that is important to you. am I defenders of blind justice, the the ability to act upon that com- more than willing to sit down and more intolerant and uncompasmitment. discuss my positions. Ultimately, sionate of others we become the My goals are fairly well known the decision lies with you. Experigreater the danger that we will in the law school community. ence is priceless in understandtip the scales of justice and use First and foremost is to give law ing how an organization runs. the end to justify the means. students what it is they think they With my experience and your need for a better environment: input we can make this the most academically, socially, and in activeyear for the SBA. Come out their everyday contact with each and vote on September 23 and other and the law school. I would 24—it is your first step toward aclike to see the SBA try to discuss tion and input. William J. Blåsi, Treasurer ideas rather than perpetuate the status quo at the expense of unpopular groups as it has done in the past. Asa body of individuals . Gerard 0'Connor, Treasurer My nåme is Jerry 0'Connor. I am a third year student and candidate for treasurer of SBA At this point in the campaign a typical candidatefor student office begins by kissing a few babies and making a lot of hollow promises. I will not do that. My platform is honesty and fairness, ideals which all SBA officers should try to keep in rrttnd. SBA's job is to provide an open forum in which students The Opinion 4 The office of treasurer carries a great deal of responsibility as the duties include the mainterepresenting the student body as nance and distribution of SBA a whole, the officers of SBA funds. I, however, perceive the position as more than a mechanshould maintain a neutral posical task to be performed on comture rather than a partisan posimand. I feel the treasurer has the tion. SBA should encourage deobligation of ensuring all SBA bate rather than crush it. As treasurer and as a member funds are distributed in accorof SBA, I will work hard for: dance with SUNY regulations 1) a better and more extensive and the SBA Constitution. The treasurer is a very powercourse listing; 2) more responsive interaction ful person. Without his/her signa ture, all SBA monies are frozen between students and the adand cannot be distributed. Upon ministration; assuming the position of treascommunity atmosphere a 3) urer I would immediately stop among the law students; 4) a closer relationship between the outflow of all SBA funds. I would take such action because students and their elected repreof the various voting improsentatives in SBA. I encourage every student to prieties which occurred at the vote and to vote for the kind last budget meeting. No funds of SBA reps they feel best serve would be released until a legitithe needs of the entire student mate .budget meeting was held. As treasurer I would require body. September 23, 1985 SBA. Ultimately, SBA is for the students, and once the student body recognizes that, they can utilize the SBA and allow the organization to fulfill its primary duty: represent the concerns and desires of the law students. As to the omnipresent question concerning the political nature of the SBA, I don't feel that it is a choice between politics or parties (as hasbeen the situation in the past). Instead of mutually exclusive, I see the political nature of the SBA as a vital ingredient in the essence of the organization in addition to its social role. As law students, we hold a special place in the university and general community. Taking a stand on those issues that affect us all, as human beings, is important. On that note, student input into thosestands is also undeniably essential. It was because of my feelings on student input that I helped author By-law 14, mandating the 72 hour notice requirement on discussion of political questions. This by-law affords enough time for those students genuinely interested in the topic to-attend a meeting, designed especially for discussion on one specific topic, and voice their concerns. The voice of you every funded organization to file a report with a listofall last year's expenditures along with an explanation of how those expenditures benefited the law school and campus community. I would require a copy of every report be on file at the SBA office available to any law student who wished to review it. The money after all does come from the law students and everyone has a right to know how their funds are being spent. These reports would be invaluable to the treasurer since the forms can be used as a basis for ensuring all allocated funds comply with the SUNY Policy on Student Activity Fees, section 302.14 of Title 8, (c) (3) which provides for the distribution of funds only where the purpose of the organizations are educational, cultural, recreational or social. If there is the slightest indication of political favoritism in the budget allocations, in all fairness I would be forced to deny funding for all politically oriented groups. These are my positions and I feel I have stated them clearly. I have double-checked all the information concerning my position with the Division of Student Affairs. The SBA in the past has not served in the interest of all the lonllnued on page 5 �...TODAY AND TOMORROW Vice Presidents the SBA Rules Committee. This experience H. Todd Bullard, Vice President Carol Håar, Vice President My nåme is Carol Håar and I is H. Todd Bullard and I am running for Vice Presi- am a candidate for SBA Vice President. Håving made the comdent of the Student Bar Association. My past experience in mitment to run for this office. I SBA involved serving as a first am enthusiastic about the role year director, Chair of the Rules that SBA can play this year. As Committee, and as Parliamentar- an SBA member there are sevian. I desire to see the SBA and eral concerns with which I would the law school community, as a feel the need to deal. whole, take a more active leaderThis year will be a transitional ship role within the University. There are a number of ways in one for our law school as the search for a new dean progreswhich this can be accomplished. ses. Students should actively inFirst, there should be more fluence the direction the school takes by playing a part in that communication with the undersearch. Student I would like to facilitate graduate Association. students and administration Secondly, the SBA should become more responsive to issues working together in order fo attract the best possible candiaffecting the graduate and Professional schools as a whole. It dates. is important for our community Additionally, I would like to into reach out and communicate sure freedom of expression. Like with others, so that we may become better known and re- most academic communities, a spected. I believe one of the law school should be a place in be freely exbiggest problems we experience, which ideas can as law students, is isolation. As changed. All law school organiVice President, I would strongly zations, even those with political advocate inter-gov- overtones, should be treated more with an even hand regardless of ernmental cooperation. of SBA Regarding issues doser to the the political affiliations unbiased policy An members. the school, law lack of I see applied with course offerings as a major prob- should be uniformly chartering to of and regard the lem. A student poll regarding types of courses which should be budgeting for organizations. offered would be helpful to the A common concern of many is faculty in its decision making that there are limited course ofMore process. student input is ferings for the spring semester. needed regarding curriculum deIt is important that the courses ofbecause cisions such decisions fered reflect areas of student inultimately affect the studenfs futerest. This is yet another area in be ture. The SBA should not which the SBA can exert some afraid to bring student concerns influence. to the Administration'sattention. There are many issues which Finally, there is a need to sponthe SBA can work on with the sor functions which will generate assistance of committed and in- interest and participation on the from all levels. part of the formed students student body. Greater Last year, the first-year directors interaction between the three held a dass meeting to receive dass years is a desirable goal student input on a variety of that can be accomplished problems confronting them. I through such events. would like to see more forums taking place within the law These are but a few of the toschool community. pics meriting attention. Asthése My nåme In closing, I want to learn as much as possible from the very talented student body we have at this school. Win or lose, I encourage all students to become involved in student govemment in some capacity because if we don't, it will fail. Good luck to all of the candidates. and other issues arise I would always be available to discuss them. The Student Bar Association is an organization forthe students and can be very effective as such. No matter for whom you vote, please east your vote in the election. VOTE IN THE SBA ELECTIONS TODAY AND TOMORROW Treasurer Tom Blasi. . . continued from page 4 students as required by our SBA Constitution; Given the opportunity would like to correct the inequities that run rampant in the present system. Thank you for your time and thank you for your I vote. Sartoga, If elected I will not put this highly coveted position on my resume. I will not make any speeches. will not debate any opponent. I will not address any I issues. Thank you for your support. Nancy DeCarlo, Vice President offered me the chance to observe the mechanisms of the organization and the issues which concerned our student body. This year I am seeking more direct involvement in the SBA for I believe I can offer a fresh perspective and an influx of energy to help channel SBA efforts in a more productive fashion. I am certain my frustration with this school's minimalist approach to course offerings was shared by a majority of you. We need to explore various options My nåme is Nancy DeCarlo and to alleviate this situation before I am running for Vice-President forced registration becomes the of the Student Bar Association rule, not the exception. Last year I was a member of Textbook supply problems at the University Bookstore are well documented and need not be reiterated here. Efforts to avoid the exorbitant profit-laden prices should be instituted, and can be instituted, for the benefit of students and professors. Other issues which need to be addressed by the SBA and the student body include minority representation on Law Review, funding for various new groups and divestiture by SUNY of its stock in South African corporations. While these issues appear to be too political for a student organization, I believe they are within the realm of a state educational facility dedicated to the study of law and the correction of social injustice. Secretaries involved in working for the entire student body. It is essential for a Student Bar Association officer to be sensitive to the needs of fellow students and to convey those needs by voicing their opinions and concerns. If elected Secretary, I will be that voice working closely with other officers and members of the SBA to reach our necessary goals. Rose-Anne Landau, Secretary Some of you may have known Heilo, my nåme is Colleen M. me as a First-Year Director, but I Rogers, second year law student, would like all of you to know me and I am running for SBA secreas your new Student Bar AssociColleen M. Rogers, Secretary tary. I think it is important that the SBA is controlledby the entire student body and not just a handful of "elected" colleagues, especially since we all pay a mandatory SBA fee. I would like to see more students getting involved with activities, organizations, and fundamental issues within the UB law school. By students not taking an active role in the student government, there is no diversity, change or movement toward accomplishing what "we" want versus what a "select" few want. Some issues that are presently important to all of us are the following: finding a dean—how can a law school or any school function properly- without a dean; course Schedules—we need more courses and professors to eliminate the first two week circus that we are forced to participate in because so many of us are closed out of courses; grading system are we happy with the present — system; majority versusminority opinion—are all sides taken into account before funding is ap- propriated. These are only scratching the surface of issues that may be important. If you are frustrated with how SBA has functioned in the past, vote for the four candidates — BONNIE BERGER, CAROL HÅAR, JERRY 0'CONNOR, COLLEEN ROGERS, who promise to re-organize SBA and create an open atmosphere that all students will be able to voice their opinion without feeling inhibited. The SBA requires everyone's interest, input, support, cooperation, concern and ideas to make it run effectively. The beginning of a new SBA commences when you vote on September 23 and 24. The SBA is for everyone, so act now and become involved! ation Secretary. My nåme is Rose-Anne Landau and I am running for Secretary of the SBA. As a First-Year Director last year, I represented the student body of the law school as a whole, and ensured the continuance of many law school organizations. Aside from fulfilling the usual duties of a Director, I was involved in the successful fund-raising for the Ethiopia Relief Campaign. As Secretary of the SBA, I will continue to serve the best interests of the law school community. I will more specifically make certain that SBA events and adequately to ensure maximum student involvement, and I will notify the student body, whether through the school newspaper or other media, of the activities of the SBA during the academic year. Furthermore, I realize the increased responsibility an Executive Soard member has, and I will devote myself to meetings pubicized are so as Third Year Directors Lionel Rigler, 3rd-Year Director I am embarrassed by my own and fellow students' feeling of impotence to do something about the insufficient number of dass offerings, overcrowding of our building, and horrendous parking situation. Law students are being short shifted by ourfaculty and the schooTs and university's administration. More important than throwing a good party the SBA must explore possible avenues of empowerment and train ourselves and the rest of the student body in those techniques that hold the most potential to håving our voices heard. There are two approaches that are immediately apparent. One is to speak directly to officials in Albany, make them aware of our concerns, and work to increase funding for student activities and my work for the benefit of our services at the state's law school. law school. The second is to work more I appreciate your support in my closely with GSA and SA on unicandidacy and wish all those runversity-wide issues. Although ning the best of luck. most of us are busy, a little effort on the part of the many goodheartedof uscan go a long way. Please support my candidacy, but more importantly care enough to work to better our school and university. David Chapus 3rd Year Director Cora Alsante, Secretary As a first year law student, I believe it is important to become All too often in the past, the SBA has neglected the real concerns of everyday law students and instead has gotten mired in petty politics. Some of the more continued on [Kige 6 September 23, 1985 The Opinion 5 �Chapus . . •continuedfrom page 5 important problems law students face, and my proposals with respect to them, are as fol- lows: (1) Jobs.The SBA should become more involved in attracting potential employers to the campus. There is no reason why a school of ÜB's caliber and reputation should not lure more firms to the on-campus interview program. (2) Bar Preparation. Since ultimately nearly all of us will take the bar exam, this school should offer a greater numberof bar-related courses. While I am aware of the intellectual and academic value of more non-traditional courses, these should not dominate the course offerings. Greater student input in this area is needed, and the SBA should act as a vehicle for making students' concerns known to the administration. (3) Grade Deadlines. The current policy, which allows teachers to wait for months before even beginning to correct exams, is nothing short of ridiculous. The SBA must pressure the administration to effect real deadlines and alleviate students' agony as they wait for months to find out if they have passed their courses. (4) Funding for Student Groups. student Every organization which serves the law school community deserves to be fairly and adequately funded without regard to their political views or personal feuds with SBA officers. Last year's scandal must not be repeated. These are just four of the concerns facing UB law students that the SBA has the power and the duty to address. If elected, I will work for change in these areas as well as any others that are brought to my attention. Second Year Directors Brian Bornstein, Second-Year Director A sincere commitment to fully represent the interests and concerns of the entire student body and to continue and improve the academic and social interaction at the law school. Karen Buckley, Second-Year Director My name isKaren Buckley, and I am running for the position of second year director of the Student Bar Association. I have been asked repeatedly what my "platform" is and what "ticket" I am running upon. To these inquiries my response is two-fold. First, as a director, it is not my job to advocate the positions /feel should be addressed, but to represent the views and give voice to the concerns of my classmates. The SBA has been called an insular body in the past, and it is incumbent upon this year's directors to change that perception. In working toward this end, I will do my best to seek out the needs and concerns of my classmates and present them to the SBA for approval and action. As to the second question, I feel that past members of the SBA have been far too concerned with what they liked to view as party politics, resulting in the detriment of the SBA and the law school community in general. Therefore, the only ticket I will accept is one that will head me South in January, which seems to be prime blizzard season in Buffalo. In closing, I suggest that the SBA can be a body that improves the law school academically, socially and aesthetically. However, to achieve this end requires hard work not only on behalf of the electedmembers of SBA, but also the student body. The first step in this process is voting in the election on September 23 and 24.1 hope the students of this school take that step. First-Year Directors Susan Biniszkiewicz, First-Year Director It's election time, and everyone wants your vote. I'm no exception. But why should you vote for me? Perhaps the most important reason is that I am willing and able to devote a considerable amount of time and energy to the SBA and its activities. Outside of law school I have minimal demands on my time (i.e., no spouse, no children, no job), and I'm used to putting in a pretty full day. For instance, I completed my master's degree with USC in May 1985 after a year and a half of evening and weekend classes, while continuing in my regular full-time job. Another reason you should vote for me is that I intend to represent YOU and YOUR interests. I can't make any statements about what I think should be changed in the law school, because-like you-l just got here. Even so, once I'm familiar with the issues, I don't think it would be my job to make judgements and represent them. Rather, I feel that as an elected director, my job would be to represent you in the SBA. If elected, I promise to do my best to keep you informed of current issues, and to listen to what you think is important. Please vote for me as one of the firstyear directors. Robert P. Bogdan, First-Year Director I am seeking the position of Ist Year Director for the SBA to represent the views and wishes of all 1st year law students. My prior experience in student government at the University of Texas qualifies me as a person who is very aware of the issues which confront the student government. It is imperative that we as Ist year students have someone on the SBA who will have a personal interest in all issues that will arise. I am the type of person who wants to be involved and feel that this position affords the opportunity. Let's make the next 3 years as pleasant and memorable as possible. Please give me your support. James D. Eiss, First-Year Director dents, I don't know all the issues when someone is also worked on and attended labor-related conferences in Buffalo. Activities of the Buffalo Labor Relations Society during the . .Comics by coming year will be largely dependent on the members' interests. We are tentatively planning to host speakers and a conference. The local IRRA chapter is also encouraging students to becomes chapter members at a reduced rate. We anticipate holding an election of officers, which will be open to all interested students, in the near future. Until then, per- sons interested in the Buffalo Labor Relations Society can contact Paul Wessel or Craig Atlas. Chapus Sandra (aka Sunny) Childs, First-Year Director l'm a radical. Not just any radical, Bob, but a West Coast Radical from Oregon!! (Yes, you and your guest will be flying to beautiful Oregon where there's singing in the streets and dancing in the rain.) But seriously, an organizaallocations should not depend on my personal preferences alone, but on the entire student body's-which is why I think we should have a "funding poll" here, whereby the students can indicate where they want their money to be spent. And this poll could be what guides the SBA, not personal politics. I'm a student government kinda gal: I was SB secretary at my college where I organized and implemented the funding allocation procedures and l'm a joint degree student-law and policy studies. I'll be involved. Ill be effective. I'll have a voice. But in brightly l'll also have fun colored clothing. ... Dave Petrich, First-Year Director There is not a lot one can say when running for dass director that hasn't been said countless times before. It's obvious that in pursuing the position this far l'm interested in taking part in the SBA and in making sure that the interests of the first year dass are well represented. The fact of the matter is that the SBA has substantial funds to allocate and it is the dass directors and the officers who dispense these funds to various groups. Although I have some general concepts on what will be important to us (effectively balancing our studies with social activities and continually keep placement efforts on the front burner—to nåme a few), as yet I am not sure what will emerge as important issues for resentative. You should feel the the first year dass. I do know, same. The SBA is one area where however, that l'll sincerely tisten my influence can be a significant to and conscientiously represent factor in policy. In my experience are concerns. Please vote Petrich. if you sit back and let others do the work, the results are not going to be what you really want. Often nity to make contacts with practicing attorneys. Our members which will be facing the SBA. I am confident though that I will handle your interests to your satisfaction. Why do I want to be a director in the SBA? The real question is: Why don't you? I care about decisions that affect my life and if I am going to be here for the next three years, I want some input either directly or through my rep- The Opinion September 23,1985 6 Buffalo Labor Society Invites Participation elected they take it as a mandate to decide what is best for others. Decision makers do not have to operate this way though. It does take considerable extra effort to discover the views and ideas of their constituency, but this effort by Craig Atlas is well spent. I believe that this is the only viable mode ofoperaThe Buffalo Labor Relations tion in any organization. Unless Society is a new organization it is followed, the organization founded last year. We invite all dries up. law students who are interested have last fifteen in labor law and industrial relathe spent I years in the workforce, the last tions to join and participate in our thirteen with the Department of activities, no matter what your Immigration and orientation (labor, management, Justice's Naturalization Service. In this or neutral). employment I have accepted Last year, many of our memseveral collateral (meaning extra bers attended the "Lawyers' work, no extra pay) duties. These Night" of the local chapter of the duties included Equal EmployIndustrialRelations Research Asment Opportunity counseling, sociation (whose members inAffirmative Action, and union clude labor lawyers, union leadrepresentative on the promotion ers, personnel managers, govrating panels. I have worked with ernment officials, mediators and management to try to protect arbitrators). We heard several and advance the statutory and speakers on current issues in contract rights of fellow employlabor law, and had the opportuees. I will work just as hard to advance your ideas and needs with the SBA. Being new to this school just as are all of you first year stu- Photo* by Victor R. Sidari Grade Reports ..• Wagner hasn't heard any complaints. Wagner admitted that the law school policy has created an "added burden" for the Univer- continued from ptige .* even if it results in a duplicity of effort. Mostly, the law school's office acts as a conduit through which information flows to the University's Office of Records and Reg- sity. Since the rest of the University cannot wait for the law istration. school, the University must go back and manually enter grades If the University did feel the need when they finally receive them to do something, it would involve from the law school. While the more than Wanger's office, problaw school maintains its own Of- ably the Provost's Office, and fice of Admissions and Records, possibly the President, Steve it exists mainly for the conveni- Sample. So far, however, "there ence of law students, staff, and has been no significant presfaculty. Ultimately, it is directly sure" to act. Wagner said, law linked to the University's central school "is not in synch with the system, and information must rest of the University; it never make its way into that system. has been. �YOUR L±J FOR ATLANTIC ™--r> BAR BRI Leaves Nothing To Chance. The Nation's Number One Bar Review. 41S Smralk Am.. S.U. 62. N.V.. N.V. 10001 (212) 594 3696 (Ml) Cl3-SSC9 1H <o—on—llk A**.. 80.10-. M... Mil* (617) 497-1171 September 23.1985 The Opinion 7 �Sundrum "Learns" by Aiding NY's Mentally III by Diane Dean Clarence Sundrum has had one of those smooth careers. He decided what he did not want to do and then did it; he fought with his first interviewer and got the job anyway; and he helped develop a statewide commission which no one wanted to run and became chairman of it. Sundrum heads the Commission on Quality of Care, an independent watchdog agency which monitors institutions for the mentally ill and mentally retarded in NewYork State. His interest in advocating for people with different mental and physical abilities began in law school when he wrote a brief on behalf of an accused murderer who had been in a mental hospital for 16 years after he was declared instand competent to trial. Lobotomized and aging, the man received help from American Civil Liberties Union lawyers, At graduation, Sundrum did noted that while the Simon and thing and then to make it work," terest lawyers would savor. But he says. From most accounts in Sundrum knows the limits of not want to clerk for a judge in Rifkin staff attorneys were back writing He on the office he Albany. Albany, Sundrum's challenge what government can do as well, briefs, had hoped to become admitting that even the griea civil rights lawyer and probably and other government officials has been met with success. would have but for Schwartz's were on the front-lines, negotiat"The fascinating part about vance procedures have thir piting and making agreements to working with the government", falls. He says part of the problem "irrefutable logic," which convinced Sundrum to see what get the corporation back on its Sundrum says, "is that with the is that "there's only so much right kind of job, you get to deal money to go around to meet went on behind the doors of the feet. Calling it a "heady expericourtroom from the judge's point ence" to be thrown into the with really large scale problems people's needs. But, if you're limelight, Sundrum renewed his and to help make public policy. making intelligent judgments, of view. Sundrum had a "stormy" in- commitment to do what he And if you're in the right place at they are perfectly defensible." terview for the law clerk position. could to affect some social the right time, the impact that When asked why he chose public can is absosector work instead of person He became angered by the changes. one have ■ practicing law, Sundrum said he judge's diatribe against civil lutely unbelievable." was The Willowbrook scandal For example, Sundrum's exnever really thought of private rights lawyers and "decided to the second event which shook give him a piece of my mind." the Carey administration and perience at UB with prisoners' practice. Sundrum describes his uprising decision simply, saying, "If you His persuasive argument that Sundrum's career. Sundrum rights and the Attica "Four years later have trouble defending what him. wjth civil rights attorneys were only says that stuck saw the livafter Carey you're doing, no matter what it using the system given them to ing conditions of the mentally "I was in the Governor's office adis", then you're doing something advocate for human rights and handicapped people living at the vising him on grievance procewrangling, dures. After a lot of just ends landed him the job. I wrong. That's a very good tip-off. Willowbrook institution on Stahelped set up laws which allow But it was later that Sundrum knew he could Island, Carey ten prisoners a grievance system". Diane Dean is the Graduate Asdeveloped his specialty in advonot defend the state's actions so Sundrum had the ear of the sistant for Public Interest/Public cacy for the mentally disabled. he settled the case with a consent governor, a rare opportunity Service Careers in the Career DeWhile working as a personal law order. which corporate and public in- velopment Office. secretary for Judge Lawrence In the four years following the Cook, Sundrum contacted Hugh consent decree, the state faced continuedfrom page 3 Carey, who had just been elected contempt threats for non-coma public easement exist, which tion between private property Governor, about joining his staff. pliance because, according to the navigational and It was in the Governor's office Sundrum, there was just too allows passage over the private rights and lands between the high and low environmental interests of the that Sundrum says he really dismuch that needed to be done to water marks? The courts do not public sector. While at present, it covered the advantages of being clean up the mental hygiene sysappear to have resolved these would appear that right of the a public sector attorney. tem. The mental hygiene system issues. Ultimately, the public to use the foreshore of the confusing Two major events helped that developed in response to the outcome of these types of cases Great Lakes in New York may legshape this opinion. The first was contempt threats grew fast and seems to rest on the decisions of ally be limited by the upland the Urban Development Corpowithout a check on its administhe individual courts as to landowner, the actions of the ration's announcement that it tration. Then the idea for an indewas on the verge of bankruptcy. pendent watchdog agency came whether or not the public or pri- courts in controversies such as vate activities at issue are the Lake Erie beach fence inci"Almost the day we walked in (to upwhile Sundrum was "shooting reasonable, as each sector ap- dent may initiate action by the office) the Urban Development the breeze" in the Governor's ofpears to have limited yet unde- New York legislature should pubCorporation in New York City fice—no one thought it could fined rights to the waterfront lic beach access become a matter went bankrupt, " according to work, but everyone knew somearea. of state-wide concern. Sundrum. thing had to be done. Rapidly rising coastal land This calamity brought the six Since no one wanted the difvalues and increasing pressures Editor's Note: This article will be young attorneys in Carey's office ficult job of administering the of development make printed in Sundrum, and another law student, who argued that his constitutional right to a speedy trial had long since been abridged. A 1977 graduate of UB Law School, Sundrum attributes most of his positive experiences during law school to his work with Professor Herman Schwartz on the ACLU Prisoners' Rights Project, noting that, "I probably learned 80 per cent of what I learned in law school outside the classroom." Those experiences, coupled with the "turbulent 60"5," and Sundrum's own "noble ideas about restructuring society" set the stage for a career in government which face-to-face with top attorneys has blossomed repeatedly into form the New York law firm of new and more exciting positions. Simon and Rifkin. Sundrum Beach Access agency, Sundrum was volunteered for the job. It was "an exciting chance to envision some- ... from resource it necessary to address these questions. These legal uncertainties directly impact the interac- the fall issue Coastline (Vol. 20, No. 4), a publication of the New York Sea Grant Institute. PASS WITH BBKBtol'jm IKSES&BEEESCBS —i s,pßtenitier,?3f;^!s 8 �A Jury of Your Peers. by Gary Farrell The amount of alcohol I had consumed on Thursday night had effectively precluded me from attending the Friday morning session at City Court. It was all I could do to stagger out the door sometime near noon and catch a bus downtown. After enduring the quintessential roundabout ride via the Kensington line (I lost themoney I had saved for a car last semester in Las Vegas), I found myself aimlessly wandering around City Court completely preoccupied getting something to eat. with The miracle of the loaves and the fishes can hardly compare with the miracle of me finding a snack bar on the fourth floor of a deserted City Court. Upon surveying the fare, I realized why everyone opted to eat out. While paying theblind entrepreneur for a pre-packaged ham sandwich (I couldn't help but wonder about how many times wily attorneys had gotten away with roast beef at bologna prices) and a Dr. Pepper (best way I know to kill cotton mouth), I noticed a fairly young, well-dressed man with an unmistakable look of pompousness mixed with weasliness that clearly marked him as an assistant district attorney. During the course of devouring my sandwich, I overheard this guy bemoan to the blind entrepreneur thathe was doing a jury trial and it looked like he was in for a long afternoon. Being a person who lives his life by the credo of "never do . .Oh! Come On Now! more than what you absolutely have to," I knew that this was my ticket to getting this assignment over with quickly. Returning to the counter under the pretense of getting a Snickers, I was able to ask the seemingly innocent question: "Excuse me, did I hear you say you were doing a jury trial today?" After receiving an affirmative response, I informed my target of the nature of my assignment and then asked him where the trialwould be held and if it would be okay if I watched. With a good dealof snideness he replied: "It's in Part 14, show up if you want it's your constitutional right." I responded with a suitably snotty "thanks a lot" and turned away. Before I could even attack my candy, he called out: "Hey, who did you say your teacher was?" I told him and now he was all smiles. "Oh, well why didn'tyou say so? I was just talking to Phil [Halpem] the other night and he told me some students would be coming down." After introducing himself as assistant district attorney (no surprise here) Glenn Pinckus, he volunteered that the case he was doing today was a prostitution charge coupled with resisting arrest and obstruction of justice, and that he was in the middle of jury selection. Smiling ear to ear upon hearing this news, I muttered something about "this being great" and set out for Part 14. Needless to say, I got there one, I noticed a tough-looking black girl with a leather jacket and intimidating boots stalking the door to Judge Raul Figueroa's courtroom. After a while she approached me and said: "You up before Figueroa too?" Though having heard her perfectly, I said: "Excuse me?" she reiterated her question. After swearing to myself that I would never go out in public without showering (and showering again), I nervously responded: "Oh, no. I'm just here to watch. Do you know anything about Judge Figueroa?" Before I could begin to realize how stupid this question was, she shot me a sly smileand said: "Only that I'm up before him." When the doors finally opened I slunk in and took a seat behind the defendant's table. It was in this seat that I was struck by the realization thattrial lawyers must spend their lives doing predominantly one thing waiting. First off, Pinckus was late, and when Figueroa came out he said things wouldbe delayed because he had to perform, of all things, two weddings. The defense attorney, a Mr. David Shaw, said he would patiently suffer the delay, but only on the condition that his client could be bridesmaid. During the delay, Pinckus approached Shaw with that "please take a plea so we can hit happy hour early" look, and asked him to step outside. Meanwhile, the bailiff added to the alearly. With the courtroom being ready informal atmosphere by locked, I had no choice but to sit keeping the court clerk, the on the floor and stare at my surstenographer and me in stitches roundings. Always the observant with stories about his superiors. Shaw came back and escorted These Are The Facts — ... — a crook for the second time in an hour, I answered that I was a law student and observing was my assignment. Mr. Pinckusthen got up and began questioning the next three jurors on the list. He addressed them one at a timebut basically his questions ran along similar lines: "Do you understand the role of the jury in the criminal justice process? Do you understand that the burden is on the prosecution to prove guilt by a reasonable doubt only and not all the doubt that somebody might dream up? Have you ever been stopped for a traffic violation? Were the police fair on the occasion they had dealings with you? Have you ever served on a jury before? If so, how did you find the experience?" and so on. All the while Pinckus was questioning, Shaw was busy scribbling down notes and marking charts, and also watching the jurorsintently as they answered. Pinckus seemed pleased with the two gentlemen (both employed at automobile plants) and one woman (a hospital administrator) and before sitting down, apologized to them if they felt any of his questions were prying. Shaw's questions seemed a little more personal than Pinckus's. After establishing that the woman had relatives and friends who were cops, he wanted their names. Each of the auto workers had sat on juries before and he wanted details about the case and names of attorneys. He asked more specific questions about their jobs than Pinckus had. He also asked if they were married (it happened to be one of the auto workers' anniversary) and if they had children. As he was coming to the end of his questions, his voice turned deadly serious and he asked: "Do you harbor any prejudice against the defendant because of the nature of the crimes she is charged with (Pinckus also asked this)? Do you feel any of you will be prejudiced against the defendant because she's black and you're all white? Do you feel any relief. I was psyched to see the prejudice because you're all from suburban towns and she's from show. Figueroa eventually returned the city? Or do you maybe feel prejudice because she's being and the prospective jury (all middle-aged and all white) was represented by a bald lawyer?" ushered in. Before letting the voir When no jurors responded to dire questioning resume (three these challenges, Shaw indijurors had been agreed upon that cated to the judge that he was morning, they needed three done. At this point, both attorneys more), the judge looked at me and asked if I had any business were asked to approach the before him. Trying to conceal bench, presumably to discuss outrage at having been pegged the agreeability of these jurors. his client outside for what I'm sure was a heated consultation. While they were away, I noticed that the only book on their table was a hard-covered volume of Gilbert's Criminal Law and Procedure I guest somethings never change. When Shaw and his client returned, Pinckus looked over at them and Shaw responded withthe old "no deal" nod, Pinckus sighed audibly and but mine was one of so did I — — The Central Park Grill SUNDAY Open Mike AnythingGoesl MONDAY JAZZ JAM TUESDAY Inner City Players WEDNESDAY THURSDAY SATURDAY lOC Wings Shakin' Smith 50c Drafts and his Blues Band $1.00 Bar Drinks $3.00 Pitchers We Rest Our Case. 2519 Main Street "A real bar and grill" KITCHEN OPEN TILL 2 A.M. BUY 1 DRINK GET 1 FREE WITH THIS AD Expires 1018/85 Buffalo Law Review In my mind I had all these people prosecutionclassified as oriented. If I were Shaw I would have canned the lady right then and there she didn't hide the fact that she loved cops, and this whole case would rest on the testimony of police. When asked how the police responded when her car was stolen she replied: "Excellent, they were super throughout the wholeordeal and got us back our. car in three days." Well, so much for my theory Shaw said okay to everyone. The attorneys quickly agreed on an alternate juror, who did have the distinction of being unemployed. ("I worked forBethlehem Steel until until they shut the place down.") JudgeFigueroa then called for a recess, explaining that when they returned he would give the jury their instructions and they would resume on Monday with opening statements. While the jury was in the bathroom, the judge called me to the bench and introduced me to everyone. He then opened himself up to questions. I asked him if Pinckus was allowed to ask the guy who said he sat for a murder trial which way the verdict came out. Figueroa responded in a very human way: "To tell you the truth, I don't know. We had that problem a couple of weeks ago ..." Shaw then chimed in, maintaining that he could have asked but Pinckus couldn't. Pinckus himself didn't join us in this colloquy, he was content to sit out the break staring into his briefcase. — — When the jury came back, Figueroa gave them the standard instructions about not discussing the case with each other or anyone else. He then reminded everyone to come back Monday morning at 9:30 AM before concluding. I took this chance to go up and question Shaw about his strategy. He was really candid with me. I think he could sense some genuine interest on my part. He first told me the deal Pinckus had offered they were willing to drop everything but one prostitution charge (she had another pending in another part of court). He must have noticed the amazed look on my face because he quickly added: "She's not stupid either. Check this out (pointing to his notes), entrapment all the way. These cops came up to her and they said what they wanted and what they were willing to pay for it. The bitch of it is that predisposition is impossible to prove in a case like this." At this point I noticed Pinckus had scurried to the back of the courtroom to consult with — two gigantic guys. Shaw looked over at them and smiled, and then shot imaginary bullets from an imaginary gun in their direction. They responded with The editorial board of the Buffalo Law Review would like to thank equally good humor. Shaw again all students who participated in the 1985 casenote competition for showed he could read me like a theirinterest in the Review. We are pleased to announce the selection book when he said: "These guys ofthe following persons as Associate members for the 1985-1986year. okay, Names New Associates are JimHazel Anne Adams Bradford P. Anderson James G. Hunt Thomas L. Jipping Miriam Bandes Philip S.Chamot Christopher L.Doyle Keith Fabi Spencer G. Feldman David Flynn JaniceFurioso Steven S. Katz Susan Kreidler John K. Lapiana Robert Lehrman Beverly A. Lewis John L. Martin Bonnie L. Mettica Steven Ricca Hugh M. Russ Joel Schechter William C.Schoellkopf Evan Shapiro Robert P. Simpson Jane M. Smith Eric Snyder Samual M. Spiritos but sometimes vice cops just get a thing for a certain girl and sort of bend the rules." I then asked what his perceptions of this jury were while timidly adding my reservations about them. He smiled really wide and then delivered this classic line: "I'll tell you, picking juries is like taking law school exams. It's the time you come out thinking you Karen A. Grasberger did all right that's the time you We would also like to apologize for any inconvenience the late notice really get fucked." With that we of our decisions caused. Unfortunately our decisions could not be parted, and I don'tknow why but made until all first year grades were available. We would also like to the bus ride didn't seem too long thank the staff at A&R for all their cooperation and help. this time. September 23, 1985 The Opinion 9 �Dean Search .".". .. development and any major fundis expected, the Committee will raising projects resume advertising the position, are concerned." He also noted that "a gathering nominations and reperson has more clout" if he's in viewing the credentials of in"still creates uncertainty both in a permanent position and, as a terested parties. the minds of the faculty and stu- result, "Schlegel's voice might However Alutto deniedthatthe dents, and certainly also in the not carry as far" within the Capen Committeewill have to start from minds ofalumni who are not sure Hall and Albany administrations scratch in its search for a new where things are going so as would that of a permanent dean. "We're not back to square dean. one if only because we've seen you certainly don't want it to continue very long." Alutto said that the Committee a group of candidates, we have Wickmark agreed that the fail- has not yet convened to deter- been through the process so that ure to select a new dean on time mine how to proceed with the the Committee now has a fairly will hurt the law school. "The search and cannot do so until it good idea of the kinds of candiproblem I see is that you sort of is "officially reappointed by the dates who are available, and hold the fort as far as curriculum Provost." Once that happens, as we've had word out now for a year that we are looking," Alutto said. "I'm confident we can find a it's a good good candidate school, we were able to get some very good people attracted to it last year, the faculty has very high standards, and that's the way it ought to be," Alutto con- fuses to assign to much importance to how statistics rate ÜB. "Rankings," he said, "do not seenp to be inaccurate concern- ulty members. "Faculty retention is going to become a problem," he said. "The State University does not recognize that there is a national marketfor law professors." Schlegel believes many of the school's faculty will remain at UB if salary differentials are continued from page I ... Schlegel ... continued from page I sociated in the Critical Legal ing the reputational pecking Studies (CLS) circle," he order of law school."Reputation explained. freqently mirrors the social CLS, he explained, consists of status of a law school, he added. faculty member groups across For instance, because wealthy the nation, of which UB is a students attend Ivy League leader, which reflect a "developschools and receive pretigious ing concern about understandpositions after graduation, ing practice and theory and what Schlegel explained, a general is actually teachable." reputation that such schools are Currently, Schlegel sees the better than others is born. law school continuing its upward Because UB is not perceived as climb in the national rankings, a "social" equivalent of a Harwhich regularly place the faculty vard or a Yale, it is especially notable that it is still consistently in the top twenty. In the next decade, Schlegel notes that the ranked high. "(In ÜB's case) the school will "continue its work at rankings alert people to cirdeveloping a curriculum that cumstances where the old social leads to a more serious consider- perspectives are out of skew with ation of both practice and theory, the underlying realities," he said. while at the same time, we will Even so, Schlegel does admit see the accretion of increasing that the law school has a "peracademic note for the law school ception problem" with many of as the young faculty members its own students. "Buffalo Students do not think begin to hit their stride." But, even witn the prospects of that their law school is as good closing ranks with the country's as it is; to them its just plain old elite law schools, Schlegel re- ÜB," he lamented. "A number of Roof Saga ... nmliniu'ilfrom />((,!,'(' / floor, the unsightly view of garbage cans strategically placed throughout the floor to catch the water leaking from the ceiling, and the soggy patches of carpeting where the water misses the containers. Although Fredericks quoted a figure of $120,000 to $130,000 for repairs, he said that this figure may escalate because the delays have caused extensive interior damage. Library ... ctmiiniieil from pagr I Capen Administrators Get First-Hand Knowledge O'Brian Hall, which has the most severe internal damage of any building on Amherst campus, is the first on the list ofbuild- ings to be inspected by an entourage of U/B administrators. Assistant Provost Voldemar Innus said the Provost's office hopes to establish a practice of walking through each building on campus to inspect its general condition. Physical inspection of O'Brian was scheduled to take place this summer, but was can- "There is a certain advantage in having an entrance on one floor and an exit on another in that you can establish one-direction traffic flow," he said. "There Edward Doty, ÜB's Vice Presi- would be less congestion." Ellen Gibson, Director of the dent for Finance and Managelaw library, said that such a setment, while expressing some uncertainty as to the practicality of up could be contrary to fire Hoffman's proposal, said that codes. She also said a third-floor providing a third floor entrance entrance would require hiring to the library "wouldn't take that additional staff and installing another alarm system to guard much physical doing." "That area would be more centralized as a lounge for law students," he said. students do not recognize the quality of legal education offered here." Schlegel theorizedthat for many students UB was their second choice and, as such, "reason that their education must be second class." Similarly, Schlegel added, many UB law students harbor a "Buffalo students do not think that their law school is as good as it is; to them it's justplain old ÜB." cluded. .. Wickmark, however, appeared less confident. "The Committee is going to have to work harder and will digging up names have to work a lot closer together this semester," he said. not too disparate, pointing to the academic freedom and comaraderie enjoyed at the law school, but if the gap begins to exceed $10,000, a faculty flight may occur. "It is only due to faculty devotion to ÜB," he explained, "that a large migra- as reporter, copy editor, and senior editor of The New Voice, the campus newspaper. John K. Lapiana, a second-year law studentand master in history candidate, served as business manager and was elected managing editor. Lapiana earned his Siclari, a third-year law student B.S. in business administration who earned his B.A. in English from U/B. While an underLiterature and Spanish Literature graduate, he served as editor-infrom Hofstra University, was also chief of The Spectrum as well as a news editor of The Opinion. being a former associate editor While at Hofstra, Siclari served of The Reporter. 10 TheOpinion September 23, 1985 names and positions of dean candidates interviewed here late last spring are as follows: John Payne, Professor of Law and Associate Dean at Rutgers University School of Law; Martin Belsky, Professor of Law and Director of the Center for Government Responsibility at University of Florida School of Law; William Buss, Professor of Law at lowa College School of Law, and Gary Alexander, Dean and Professor of Law at University ofSanta Clara School ofLaw. those he said. "They have been doing it in Indiana for 120 years, but its only been for 10 years in New York." Alumni contributions are important, Schlegel said, for supplying the marginal dollars to buy library materials, funding research projects and endowing teaching chairs. Despite the problems inherent in an infant alumni support network, Schlegel said he was pleased with the results thus far. "Even though the level of support itself is low, the wonderful thing about it is that there is growing generosity at all levels," he said. "There is every reason to believe that it will continue to new, while retaining current, fac- tion has not happened." The new law school dean, Schlegel said, must work toward expanding the alumni base, grow." Schlegel noted that it was in which currently is "disproportionately young" and hence the law school's "best interests" poorer than most other law that a new dean be selected by schools. The UB law school, he the next academic year, and he explained, was small until the is "firmly optimistic" thatthe two early 19705, so a small base of year search will be concluded by older, more established alumni next September. Despite his long are supporting a proportionately interest in legal education and much larger student body than tenure as associate dean, Schlegel was quick to annouonce at established law schools. "It's a relatively new idea here that he would "preferably not" giving to the state law school," succeed Headrick as dean. celled due to time conflicts among the various administrators who were to participate. Innus said that Provost William R. Greiner's secretary is presently trying to reschedule the inspection for sometime this fall. wall in the O'Brian Room, a reading room located on the second floor of the library near the patio. Last winter, maintenance had to break through the wall to fix a pipe which had burst. Gibson said lights were in- "reasonable amount of resentment because they could, in fact, have gone to a law school with a better reputation, but found that they could not afford it." The new dean, Schlegel said, must be prepared to deal with this "disjuncture of social perception and academic reality." Another problem facing the law school, he noted, is hiring Library Receives Facelift. Major Surgery Still Needed Some improvements have been made in the Sears Law Library, noted Ellen M. Gibson, Director of the Library and Associate Dean for Legal Information Services. She said that maintenance has plastered and painted the against theft. "If there was a complete third floor, I'd have no trouble saying let's board up the second-floor entrance," Gibson said. "We're definitely having problems with space right now, and if someone said they'd build us a third floor, I'd tell them to start today." Doty, who talked with Hofffman and also spoke with Thomas E. Headrick, then the Dean of the law school, said he Jerry O'Connor, a third-year law student, will serve as business manager for The Opinion. O'Connor earned a B.S. in management and a B.A. in history from U/B. Jeff H. Stern and Paul W. Kullman will serve as news editors. Stem, a third-year law student, is a graduate of Brandeis University where he earned a B.A. in classical civilization and was a news reporter and contributing editor of The Justice, the university weekly. on the weekends rather than just during the day. Repairs on the seventh floor of the library are anticipated by Gibson since moneyforthat purpose has been allocated in the library's capital budget. However, she pointed out that many things in the library still need improvement, such as replacing waterlogged and worn carpet, improving the aesthetic condition of the patio and investigating why three pipes have burst in the same places for two consecutive stalled in the second floor reference area, thefourth floorand the sixth floor Document Room. Besides providing better illumination, this enabled the Career Development Office to move some of itsmaterials on the fourth floor of the library so they will be available to the students at night and years. has no idea how much a thirdfloor entrance would cost nor the cost involved in closing up the atrium in the middle of the third floor. He also has no idea as to how much time either project would require. "There are a lot of building changes that people want right now that we haven't gotten to yet," Doty said. "And I'm not really looking for more." Doty added, however, that New Editorial Board Elected Victor R. Siclari, former managing editor of The Opinion, was elected editor-in-chief during elections held at the end of last semester. His term, along with those of the other new editors, commenced with the last issue and will run through April 1986. ■'The •■"■■*" Second-year law student Kullman, a journalism major from Purdue University, is a former reporter for the Purdue Exponent, the university daily. Kullman has also worked on the sports desk of the Journal and Courier, a community daily in Lafayette, In- diana, and is a former intern with Bee Publications in Buffalo. Tim Burvid, a third-year law student/ will serve as features editor. Burvid earned his undergraduate degree from U/B in political science, philosophy and classics. while he has not talked to anyone from the law school this semester concerning Hoffman's proposal, he is waiting to hear from SBA or law school administrators to determine the support, if any, for such a proposal. Regardless of what happens, Doty said there is "no way law students will have the insulated environment they had five years ago. They are in the middle of the campus now and are going to stay there." P.A.D. presents its annual Racquetball Party Friday, September 27 Boulevard Racquetball Club 9 p.m. ? Beer, Wine, - Pizza, Wings & Court Time for only $7.50 Opt ticket* outside library. �I ;.' h r-thelas' -" dayf ' ?B 111 1985 . success ««««** Any questions, please contact the following: THIRD YEAR REPS Nancy Barshter Susan Berkow Jessica Braginsky Lori Cohen Bill Daly Ken Diamond Daniel Figueroa 111 Dan Flynn Rob Galbraith Gary Farrell Matt Fusco Sim Goldman Jay Goldstein Tim Farley Paul Hensley Nancy Krieker Matt Metz Roy Mura Ed Peace Cathy Papas Gina Peca Thomas Roach Delano Robinson Mary Pat Robinson Leslie Stroh Gayle Towne Karen Vance Laura Washington SECOND YEAR REPS Karen Buckley H. Todd Bullard Robin Chekla Marcy Cohen Mary Comerford Kevin M. Comstock Keith Fabi Katie Keib Pau KarP ' Jay Kenigsberg Tammy Gordon Karen Grasberger Sue Kent Jay Lippman Alicia Lacappruccia Steve Ricca Rick Resnick Patty Robinson Robin Rosenberg Debbie Rosenband Joel Schecter Jennifer Sanders Leslie Schuman Eric Snyder Sam Spiritos Larry Spicazzi Evan Shapiro Colleen Rogers Tina Simpson September23,49Bs. The Opinion 1 I J I I 11 �■ I '■- i I ■ I I ■ I I I ■ ■ I I I I I I I 11111 ■ I™" IHH IH Taking the bar exam can be an exhausting, prolonged and anxiety-producing experience. You will probably never again take a test as comprehensive and important as this one. Although the bar exam will never be easy, with BRC on your side it can be made a more humane and tolerable experience. Our testing, lectures and materials are designed to give you all the information that is necessary to pass the exam with emphasis on conciseness and brevity. Our specialized services allow you to tailor the course to meet your individual and unique needs and strengths. No other bar review service can match the substance, security and convenience that BRC provides. Find out more about us. The more you know, the more you will want BRC on your side. I I I I I I I I I I I I I I I I %l m £ %, E«s x> •••iiiiiiiiJßLyiliiiJlilllUli ,l " JOSEPMSON BAR REVIEW CENTER OF AMERICA New York Regional Office: 10 East 21st Street, Suite 1206, New York, NY 10010, (212) 344-6180 ■ M —-^—^M^^B The Opinion 12 September 23.1985 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-09-23 Alternative Title An alternative name for the resource. 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Payne, 43, earned his B.A. degree at Yale University and J.D. at Harvard Law School. Currently he teaches courses in Local Government Law, Land Use Controls, State and Local Taxation, Constitutional Law, and Torts. From 1977-1981 he served as As- sociate Dean of Rutgers Law School. He has also authored numerous law review articles and is a contributing editor and columnist for the Real EstateLaw Journal. Payne is one of "six or seven candidates" the Search Committee has chosen to interview, Committee Chairman and Dean of Management Joseph Alutto said. (Alutto declined to name the other candidates). After these interviews are completed, which Alutto says will be within a month, the Committee will invite more extensive interviews with University Provost William Greiner and President Steven Sample, who will then make the hiring decision. Payne's interview lastTuesday began with a tour of the law school and meetings with Committee and faculty members. Later in the day, Payne met with a gathering of 15 students who attended a question-and-answer session in the Faculty Lounge. Payne told students he wants the position because he has "hit a plateau" in his professional career and is now seeking "new challenges" and "a greater sense of accomplishment." Payne said that his academic orientation is similar to that of the 'Buffalo Model," because he "is more interested in political and social realities thanin doctrinal boxes." He sees "a strong faculty committment to the Model" which he would be willing to honor if cho- sen dean. "I think that the faculty is trying not so much to redesign the traditional curriculum, but infuse into it perspectives that are usually washed out during the first year case analysis method," Payne said. "This enables students to see the dimensions of the problems that have to do with the organization of society." Payne emphasized that as dean he would promote and further develop the school's clinical legal education program. "I think that an active clinical program integrated with the innovative curriculum would be a helpful adjunct to the 'Buffalo Model' style of teaching." In response to questions concerning his views on an affirmative admissions policy, Payne said he supported a program which "evaluates and carefully admits" sufficient numbers of minority students. Since affirmative action often entails admitting students "with credentials weaker than the norm there must be a carefully thought-out program to help students who are specially admitted overcome academic obstacles." tive action program to see if we're satisfiedwith" the number of minority students admitted. Other objectives he would have as dean include promoting the national reputation of the law school and getting the law building repaired. Steve Wickmark, thirdyear student representative on the Search Committee, remrked that Payne is "a bright, capable, interesting guy, who has a reputation for being able to manage a diverse faculty at Rutgers." Wickmark said that he would have liked to have seen more than 15 students at the questionand-answer session. He noted that Payne expressed the desire to meet with more students. Wickmark also noted that many student organizations failed to send representatives to the meeting. "I think with something as important as who's going to run the place, we should get a better cross section of the student population to show up at Payne said that if selected dean these student interviews," he would be "interested in reWickmark said. evaluating the school's affirma- ... . Headrick Concerned About Grade Decoding by Paul W. Kullman Saying he had "no evidence whatsoever" on which to act against any individual, and that administration "can't get rid" of the social security number system of posting grades, U'B Law School Dean Thomas Headrick has temporarily closed the issue of breaches in the anonymity in the grade-posting system. Problems concerning the anonymity of the current gradeposting system surfaced on Thursday, March 21, when a firstyear student publicly' acknowledged that he had determined the grades of two fellow Section 3 students by matching their names with their respective social security numbers. The student apologized before the start of Professor Lindgren's Con/Torts class for what he called his natural "curiosity" of two fellow students. He said he did not process, contrary to rumor, a comprehensive list of students' names, social security numbers, and grades. He also added that it was not his intention to violate anyone's privacy. The student declined further comment when contacted by The Opinion. Headrick, who has served as dean for nearly nine years, said this is the first time he's become aware of any such problem with the grade-posting system or with students determining other stu- dents' grades. Saying he is "not a policeman who goes out on investigations," Headrick said no student ever personally approached him and told him about any problems he or she was having with other students determining his or her grades. Headrick also said he has no tape recordings, no notes, nor any names of students who have done this. "I got nothing," he said. Headrick said he thus has "no basis at the present time" to do more than he has already done, which was to write a letter to The Opinion (see editorial page) expressing his "enormous concern" about the "recent report concerning the decoding of the grading system." He said, "No justification exists for using them [grade lists] to identify the grades of other students. Anyone who does so most seriously calls into question his or her fitness for a profession that relies heavily on respect for the confidence which others .. entrust to its members." In an article appearing in the March 27 edition of The Opinion, . Registrar Helen Crosby said the more anonymous student identification numbers aren't used in place of social security numbers because such student numbers "don't appear on theforms given to us by the University Computing Center." Assistant Dean Vivian Garcia said shewasoriginally "shooting for student numbers and de-alphabetizing the grade lists," but added that she "didn't know how much work that would be." "If somebody wants to break a code, though, they can do it," she said. "Admittedly, this wasn't a hard code to break." Not hard, because some of the initial grade lists from last semester had the social security numbers arranged in alphabetical order, and in the mailroom, there is an alphabetical listof students' names arranged accord- Mooters Place as Oralists by Victor R. Siclari Two U/B Law School students, Alan Pleskow and Eric Turkewitz, won Best Oralist and Fourth Best Oralist, respectively, in-the Benjamin N. Cardozo School of Law Entertainment/Communications National Moot Court Competition, held March 28-31, 1985, in New York City. The students were up against teams from ihirty-three schools in the competition. The facts of the problem centered on a woman bodybuilder who did not use steroids to build her muscles but had a natural hormonal imbalance. Photographs of the woman were used two without consent by magazines to illustrate articles about women who' ingest steroids. Pleskow and Turkewitz represented the two magazines, one of which was a Playboy-Xype format, and the other which dealt with sports and medicine. The two issues on appeal were whether there was an invasion of the woman's right to privacy by placing her in a false light, and whether her right to publicity was violated because photographs of her were used without compensation. Pleskow and Turkewitz first ar- gued off-brief, then on-brief with only an hour in between to prepare. Pleskow said, "Surprisingly, we did much better off- brief." further delayed. "What we could do is take the grade lists as they come out and snip them up and reassemble them," Headrick said. "If that's feasible for Helen (Crosby), then that's what we'll probably do." "It's a little bit messy, but that's probably what we'll do starting this spring," Crosby said. "But if an individual has a list, this still In order to cut expenses, the two U/B students had to leave after they were eliminated from the competition. As a result, they missed the awards presentation and were not informed of their honors until a couple of days after they had returned to Buffalo. According to Turkewitz, "We were told that at the awards presentation the U/B team was singled out and praised for their orals skills." Pleskow said he will be receiving two plaques: one for the school and one for himself. Both students wanted to expressly thank Richard Gottlieb and Alison Alberti for giving up their time to help them prepare for the competition. ing to year. Still, Headrick said he has "little sympathy" for anyone using this as a justification for abusing the system. "It's like saying just because you walk into a market where there are apples and you can see those apples, it's okay to steal those apples," he said. "Such reasoning makes me wonder about people's fitness for the profession." Headrick said posting grades by social security numbers is the "only way we can administratively operate." Both Headrick and Crosby said it would be very time-consuming to look up student numbers and match them with the students' names because student numbers don't appear on the computing forms used by the University. Both said using student numbers would cause the posting of grades to be won't help any." Inside — Letters to the Editor pp. 4-6 photo by Victor R. Siclari U B students Al Pleskow Heft) and Eric Turkewitz (right) place successfully in EntertainmenVCommunications Court Competition. Year In Review Law Revue . . p. 7 p. 9 �. Volume 26 No. 1 April 24, 1985 Editor-in-Chief: Victor R. Siclari Managing Editor: John K. Lapiana NewsEditors: Jeff H. Stern PaulW.Kullman Features Editor: Timothy J.Burvid Business Manager: Jerry O'Connor ' © Copyright 1985. The Opinion. SBA Any replication of materials herein is strictly prohibited without the express consent of the Editors. 77ie Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260..The views expressed in thispaper are not necessarily those ofthe Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Burger King: "Have it Your Way" SBA: "Do it Our Way!" News Item: SBA approves Motion 13-15: "To cut The Opin- ion's budget $1,000.00 because of their personal attacks on individuals, lack of accountability, libel, large budget, abuse ofdiscretion and lack ofrepresentation ofthe student body." When the Framers of the Constitution adopted the First Amendment, they recognized thevitalrole a free press fulfills in a democratic society. They believed that a newspaper must have broad freedom to criticize government actions so that people would hear opposing viewpoints on matters of public importance. They envisaged checks on government in order to increase its accountability to the people; most of all, they abhorred government's use of censorship and prior restraint to stifle the freedom of expression enjoyed by the press. One hundred and seventy-five years later. JusticeBrennan would echo the sentiments of the Founding Fathers when, in his landmark N.Y. Times v. Sullivan decision, he spoke of "a profound national commitment to the principle that debate on public issues should be uninhibited, robust and wideopen, and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials." Apparently the SBA is not impressed with these lofty principles. By suspending a fiscal sword of Damocles over the new editorial board's collective head, they are in effect telling us what we may and may not print. They call it "making [the paper] more accountable" and "making the paper more consistent with the views of the student population." We call it censorship. The message is loud and clear: "Either you print what's acceptable to us or we'll take away your funding." The SBA edict sets a dangerous precedent by producing a chilling effect on the constitutionally protected right of Freedom of the Press. Their ultimatum has threatened a new editorial board before it has formed or articulated its editorial policy, and indeed, before it has even published a single word. Presumably, SBA's purpose in passing Motion 13-15 was to provide The Opinion with a monetary incentive to refrain from calling things the way we see them. Maybe if we're good little boys we'll get our allowance back. We can't help but resent SBA's use of its power of the purse to bring the paper to its knees in this fashion. As a student newspaper we have a duty to cover a broad range of topics relating to the law school and surrounding community. But we cannot possibly cover as many issues as we would like when we only have five or six regular news writers. It's easy to sit back and passively criticize a student newspaper. It takes substantially more effort, however, to change things. We wish more law students would contribute to the newspaper, and as always, we encourage them to do so. We also have a duty and obligation to print articles and letters regardless of their political or ideological content. The Opinion has upheld this duty in the past, and will continue to do so in the future, by printing in full the submissions of any student, faculty member, or organization. Obviously, though, we can only print what we receive. Separately and aside from any submitted and published by virtue of the materials, however, the editorial board large amount of timeand work it commits to the newspaper retains a right to use the editorial column to express its views on matters relevant to the law school. We decline to surrender this right to an elected body which attempts to cast a "pall of orthodoxy" over our publication by hacking away at our budget when it disagrees with what we write. administrator — — 2 Opinion April 24. 1985 Newhouse, Zapson Chosen To Speak at Commencement by Sarah Ayer, Commencement Chairperson Everything is just about set for the 96th Annual Law School Commencement. It will be Sunday, May 19th at 9 a.m. in the Alumni Arena. Directly after the ceremony (which should last about two hours) there will be a reception served to the graduates and their families. The champagne reception will be held in the Student Activity Center. The Center is located behind the Law School, next to Knox Hall. The reception will probably last until 1:00 or 2:00 p.m. We are also considering a cocktail party on Saturday, May 18th. This is still in the planning stages because we may not have sufficient funds to hold it. You may invite as many people to graduation as you wish. There is no limited amount of people and you do not need tickets. It would be best to advise your guests to arrive at the Arena by viewed the top three persons, George Terezakis, Mike Zapson and Mike Block. After careful consideration we chose Mike Zapson as the student speaker. We wish to thank George and Mike and all the other students who submitted their nominations. Please mark your calendar Commencement Rehearsal is scheduled for Friday, May 17, at noon in Room 106. It takes all of half an hour, is usually more fun than procedure, and is always followed by a keg in the first floor lounge. There will also be a barbeque following rehearsal. Finally, I would like to thank some people who have helped me during the year. First of all, the members of the Commence- — TO: The Opinion Dear Editors: The recent report about the decoding of the grading lists causes studentis allowed 10 invitations. The results of the student vote have now been compiled. Professor Wade Newhouse has been lists are posted in a form intended to protect the privacy of individual students. No justification exists for using them to identify the grades of other students. Anyone who does so most seriously calls into question his or her fitness for a profession that chosen to be the faculty speaker. In addition, the Commencement Committee compiled the votes for student speaker. We inter- have been able to plan this on my own. Vivian Garcia also deserves a special thanks. She made sure that we never missed a deadline. The Student Bar Association, for providing the money and the moral support we needed. Cleo, for being everywhere, at any time. Finally Marie McLeod for typing this article, numerous others, for putting together the Commencement Program, for putting together the senior ballot, and for her support and help throughout the year. Thank you again for your support during the year. Good luck on exams and I'll see you on May 19th. Headrick Comments On Grade Posting 8:30 a.m., to ensure they have good seats. Invitations will be available in 312 O'Brian Hall. Each merit Committee. I would never me enormous concern. Those relies heavily on respect for the confidence which others clients, lawyers and the general public —entrustto its members. With good reason the Law School and Bar Admissions Committees scrutinize very carefully the conduct of law students. The profession does not need people who cannot enjoy the fullest confidence and trust of other people and the public. Yours sincerely, Thomas E. Headrick — Dinner Honors U/B Alumni The Law Alumni Association of the U/B Law School has scheduled its annual dinner for Friday. May 3,1985 at the Hyatt Regency Hotel in downtown Buffalo. For the past several years this event has been sold out. A large attendance is again expected this year at the 23rd annual event. Distinguished Alumnus Awards will be made to the Hon. — — Rose D. LaMendola Judiciary; Public SerHenry J. Nowak vice; Gerorge M. Zimmerman Private Practice; and Charles Ryan Desmond Special Award — — posthumously. Judge LaMendola is the Senior Judge of the Erie County Court and the first woman to serve as a County Judge in Erie County. She was appointed to the position in 1975, and won the endorsement of all four parties, winning election to a full term year in 1976. She was a partner in the first all-female law partnership in Western New York and Assistant Attorney General for the State of New York prior to her appointment as County Judge. Judge LaMendola is a member of the Erie County Bar Association, Justian Legal Society, Women Lawyers of Western New York, the Judges and Police Executive Conference of Erie County and the County Judge's Association of New York. Congressman Henry J. Nowak is a 1961 graduate of the Law School and recipient of the Public Service Award. Congressman Nowak has represented Western New York in Washington since 1974. He is a member of the Erie County and New York State Bar Congressman Associations. Nowak is a member of Daemen College Board of Trustees, the House Committee on Public Works and Transportation; Chairman, House Small Business Law Review Seeks Publishable Papers The Buffalo Law Review would like to remind all law students that they are welcome to submit articles for publication in our journal. If you have a seminar paper, independent study paper, or any other piece of writing which you feel is appropriate for publication in theBuffalo Law Review, please bring it to theLaw Review Office and we will consider itfor publi- cation. Articles should be of substantial length, well-researched and documented with authority. Footnotes should follow the rules found in the Bluebook, A Uniform System ofCitation(13th cd. 1981). Although we welcome articles throughout the year, we strongly encourage submission by late spring since the summer break offers a good opportunity to ready accepted pieces for publication. All papers submitted will be read by editorsof the law review. The law review is unable to return articles by mail unless they are accompanied by an addressed envelope with sufficient postage for first-class return. We will be happy to discuss requirements for publication and the publication process with any interested student. Please feel free to drop by 606 O'Brien or call 636-2572 and we'll answer any questions you may have. Subcommittee on Tax, Access to Equity Capital and Business Opportunities; member. Executive Committee, Congressional Steel Caucus and Assistant Democratic Whip. Congressman Nowak is also a graduate of Canisius College and formerErie County Controller from 1966 through 1974. The late Charles Ryan Desmond was a Director of the Association and is being presented a Special Award posthumously. He was formerly Eden Town Jus-' tice and a partner with Phillips, Lytle, Hitchcock, Blain and Huber. Mr. Desmond was a member of the Erie County, New York State, American Bar and Trial Lawyers Associations. He was past president of the Lawyers Clubof Buffalo and Marshall Club. Mr. Desmond was appointed by Governor Carey in 1977to the NewYork State Board of Social Welfare. George M. Zimmerman is a partner in the law firm of Albrecht, Maguire, Huffern & Gregg, P.C., and recipient of the Private Practice Award. Mr. Zimmerman isa 1949graduate of the U/B Law School and Adjunct Professor of Ldw there. He is a past President of theLegal AidBureau of Buffalo and Lawyer's Club of Buffalo and past chairman of the Board of Trustees of theBuffalo and Erie County Libraries. The evening begins at 6 p.m. with an open bar cocktail party and dinner is at 7 p.m. The price- for this event is $30.00 perperson including open bar and dinner and $5.00 of this cost is a tax deductibledonation. Reservations can be made by contacting attorney Dan Kohane, 1400 Liberty Bank Building. Buffalo, New York 853-6100, who is Attorney ticket chairman. Thomas C. Bailey is dinner Chairman for this event. �Controversy Abounds at SBA Budget Meeting by Eric Snyder NOTE: This is my account of what transpired at the SBA meeting of April 15. Any segregation due to sex or race is based on my perception of the atmosphere in the room that night, and is entirely intentional. It is 6:25 PM. I had just finished dinner and I am going back to campus. I heardthat theSBA was having a budget meeting tonight, and the [Law Student) Right-ToLife [Association] group was requesting funding. I hadn't been to a budget meeting in three years since I was Vice-President of the Student Association at SUNY-Binghamton, and funding for Right-To-Life, well. that would be interesting. I arrive at about 6:35, in Room . 106, and sit down next to my friend, Rick. There are about twenty groups that would be dealt with tonight, and Right-ToLife was of course last. I was gonna go see Fellini's "BV2" in Woldman at 8 with Howie, but I'll stay. I guess it starts about 45 minutes into the meeting Things are moving surprisingly fast. Lori, the Chair of the meeting says "all in favor," and all the SBA reps raise their hands. Then there is a question about Danny, a rep who couldn't make it. He gave his vote to Donna as a proxy vote. Well, this is okay. Then there is a discussion whether this is okay under Robert's Rules of Order. Well, whocares? I don't think this is very important. Things are usually done casual at these meetings, and there was nothing wrong trying to keep it that way. But there was another problem, and I guess I'm the only one that has it. I just found out from George, an SBA rep from my Section, thatDonna is an SBA rep also. When she is voting, I think she's putting up two hands to be funny. No. Donna votes twice. So much for one person, one vote. I guess if ten people could not show up tonight, and give their votes to Donna, she could dissolve the body and crown herself students. This is not right. But, so what? Is this any reason to censor them? I get the impression thatthe people speaking out for this cut were for the most part ideologically liberal and openmindedblack and white boys and girls, and here they are advocating limiting this newspaper's First Amendment press rights. The arguments they were making were the' most closeminded arguments I have ever heard; that the newspaper was not representative of the student body. That since not that many students read it, its funding should be cut. As if newspapers are supposed to be representative of the majority. I guess ac- cording to these "open-minded people," the only newspapers that should be printed are the Daily Newsand the USA Today. Some tried to defend The Opinion. One guy says that "he didn't think someone who is 25 (sic) years old should be that conservative," speaking of the previ- ous editor, but that the present staff should not be penalized. Lori, the Chair, vigorously applauded this statement. So much for an impartial Chair. I mentioned that if these people were unhappy with The Opinion, they should have gotten a vote on The Opinion staff, and voted themselves in; retaliatory tactics such as these were wrong. Then came the vote. The hands went up, and the hands went down. Twice. When the dust had cleared, the motion to cut The Opinion had passed 10-9. Both of Donna's arms were fully extended for the "yea" votes. There was clapping and hysterical merriment. Well, this is not a pretty sight. I wonder what group these children agreed with or disagreed with that now had its fortune in their hands. Some however, were not so happy. Dan, a white SBA boy, announces his disgust, and resigns. Two white boys, (including Al), and two white girls follow Dan's lead. Someone asks for a quorum call. Donna (who else?), queen. points out that since the reps reSo things move on. Al's upset signed, the quorum could be 'cause he wants Donna to lose readjusted downward. And so it the proxy vote. Al's involved with was. The meeting continues. Moot Court and they lost an ear- This is enough to offend anylier vote by one; Donna voting one's senses, and the night has twice the other way. I had a feel- just begun. ing this wouldn'tbe the last time Three groups had requested tonight that this would matter. funding tonight: the Labor Well. Al pushes the issue to a Group, Amnesty International vote, and loses. Donna keeps and Right-To-Life. The Labor Danny's Something Group, no problem $200. Amvote. bothered me about the way the nesty International is next. A rep votes broke down. All the boys says they report on the plight of and girls that voted for Al's mopolitical prisoners in Southeast tion are white, and all that voted Asia. The SBA cannot fund politto defeat his motion are black or ical groups under Board of Trushispanic. Al is a whiteboy. Donna tees guidelines, so groups usuis a black girl. ally identify themselves as inforMaybe it didn't mean anything. mational/educational as a way to The meeting continues. Groups circumvent this guideline. Paul, come and go. Then The Opin- the rep from Right-To-Life mution's budget comes up for a vote. ters, "That sounds political." I OneSBA rep raises her hand and think so too, but I know better by is recognized. "I move that The now. In Binghamton, we had 114 Opinion gets cut $1000. They funded groups, from the Volunhave libeled me this year. They teer Ambulance Corp. to the are unaccountable. They do not GratefulDead club. They all prorepresent the student body." vided a service for students. They This is censorship. So I yell out gave students access to diverse "you're a censor," and the girl groups, and afforded them the who madethe motion says "I am opportunity to learn from them. not," and Lori, the Chair, Amnesty International's funding threatens to throw me out. Then is approved. Lori, our Chair, has to go to the a couple of boys and girls speak on how The Opinion has re- bathroom, and therefore calls a moved words and phrases from break. It's about 9 p.m., and the submitted articles over the past Right-To-Life group is the next, semester, misconstruing arti- and the last, group to be consicles, and that they have libeled dered tonight. SBA 1985-86 Budget Administration As Passed same same same same same same $ 910 same same same same Proposal $ 2,000 Telephones Purchase of new phones 540 .' Duplicating Office 335 150 1,000 Distinguished Visitor's Forum Orientation Unallocated Athletic Fee Conventions Social Commencement 900 200 1,200 225 2,000 2,125 _1A C1E $10,675 $ 5,400 Sub-Board Organizations $11,385 same -.4 4 15,310 19,310 TOTAL 1__ 18,600 $35,385 $35,385 ••••*•••*•**••••••••••••••••••*••*» Dollar 1985-86 Change 1985-86 Finance As From Club Committee Passed By Last SBA Year Request Proposal t 1985-86 Organizations Buffalo Mediation Service Moot Court Board 1 Association of Women Law Students Law Students Civil Rights Research Commission Latino, Asian, and NativeAmerican Law Student Association Phi Alpha Delta National Lawyers Guild Gay Law Student Organization International Law Students Environmental Law Students 1984-85 Budget $ 300 900 The Opinion ... Buffalo Public Interest Law Program In The Public Interest Black Law Students Association Federalists Labor Group . $ 300 900 450 530 490 490 40 8.9 350 375 360 360** 10 2.9 1,015 650 3,000 1,070 1,295 650 1,500 365 7,325 1,115 1,200 3,089 1,550 1,175 600 200 1,100 981.57 528 345 375 6,500 1,000 2,000 1,300 — — — — All of a sudden, all the black and Hispanic SBA boys and girls, at this point a majority, go to the left corner of the room to caucus. I smile. I know what's about to go down. The meeting reconvenes, and a black girl raises her hand, (I think it was Donna, but I'm not sure which hand she raised), and she makes a motion to reconsider the already approved budget of the BlacK Law Student Association (BLSA). $ 140 230 173.43 87 380 (5) 370 6,520 1,115 830 1,155 615 725 370 5,520 (980) 1,095 2,500 1,300 395 200 200 200 1,095 2,500 1,790 395 200 200 0 95 500 490 395 200 200 0 830 1,155 615 725 Amnesty International Law Students Right To Life Have to account for $200 miscellaneous ** Have to account for previous loan made by SBA to the Club t Line-by-line breakdown can be obtained from SBA, 101 O'Brian Hall * Last Year 0 % 900 $ 0 0 From $ 300 .. $ 300 900* Percentage Change Another says, "They are related to extremist terrorist organizations." I know Karen and Paul, and I don't think they touch that stuff. Our children wanted to have prior approval of speakers before any money would be allocated. This was really turning in to a pile of crap. I raised my hand to attempt to speak, but the Chair had my number. When she finally called on me, after letting others speak They requested $1550 in their two or three times, she simply original budget request. They re- wouldn't let me speak. When I ceived $1550. They wanted $240 began to utter a syllable she more. Gina, the SBA treasurer, would say "anything new? If explains that she had given the you're not going to say anything group exactly what they had new we'll have to move on." originally requested, and to ask Brow-beated, I decided to shut for more was irresponsible. Gina up. The vote comes; Right-Tois right. She is also good. She is Life gets defeated almost unaniresponsible and she tried, but mously. Those people are was out-childed. So the SBA scared; I just can't figure out of gave BLSA an extra $240. what. We now slither out of this Paul and Karen are the Right- meeting almost three hours after To-Life reps. Tom, your Right-To- it began. Lifer's Right-To-Lifer couldn't I'd say the brightest person in make it. I am Pro-Choice, but as the whole organization is Rich, I stated earlier I think we should the president, who had the all have the opportunity to dis- foresight to not even show up. seminate the information, and Walking out of the building, I see decide for ourselves. The more we know, the betterinformed our opinion will be. They don't have a chance. Paul tells everyone that there was no relationship between this group The American Red Cross conand the state-wide organization ducted a very successful blood drive at the U/B Law School on no one believes him. Karen attempts to stress that they are Thursday, April 18th. The Red simply an educational group that Cross blood drive, sponsored by will provide speakers and books Phi Alpha Delta, set a goal of 60 for informational purposes. You donors for its Spring Semester visit to O'Brian Hall. The turnout should have heard the arguments. One girl says, "This was was better than expected as 77 all decided in Roe v. Wade, no people presented themselves to need to discuss it any further." 0 13.8 38.3 15 16.5 110.1 (1.3) (15.1) 9.5 25 37.7 — — — — an anti Right-To-Life girl wearing a shirt saying, "If you love animals why do you kill them?" Isn't this what the Right-To-Life people are trying to say? Whether we agree or not, I thought, shouldn't we give them the chance to state it? Approaching my car, I see a yellow piece of paper flappingfrom under my windshield. A ticket for parking in a handicapped spot. The end to a perfect evenng. EPILOGUE: I see George, my SBA rep, the next day. George prides himself on being representative of his constituents by informing us when the meetings are and what important issues will be presented and requesting our input on these decisions. I ask George if he voted for The Opinion cut and the BLSA increase. George answers that he had, but he added, "It's political, nothing personal Eric." Nothing personal George. Editor's Note: SBA President Rich Gottlieb was not present at the meeting because he had an unexpected interview in New York City. Blood Drive Is Success — donate, resulting in 72 productive donations.This total also exceeds the November 1984 blood mobile result of 66 donors. The American Red Cross and Phi Alpha Delta would like to thank the U/B Law School for its usual great support for this worthy cause, and in particular, a special thanks to thosewho donated. April 24. 1985 Opinion 3 �S.B.A. Directors Explain Their Actions Made abuse of discretion, and lack of representation of the student body." (Motion Number 13-15). In our opinion, passage of Motion 13-15 was tantamount to attacking certain individuals. However, it is essential that we defend the newspaper's right to First Amendment protection. •Accountability to the SBA relates to the newspaper's financial expenditures and not to its editorial content. Objections to editorial content should be voiced through appropriate channels, not through an arbitrary budget cut. This could include written contributions to The Opinion and subsequent membership on its staff or, if necessary, the formation of grievance procedures. Secondly, an SBA Budget Meeting is hardly the forum in which to address an allegation as serious as libel. We do not feel that it is the SBA's proper role to sit as judge and jury on that charge, and it is disturbing to realize that we did exactly that. censorship. The majority supported the motion to remedy the allegations that it enumerated. It was our belief that cutting The Opinion budget was not an appropriate means to achieve these objectives. We are opposed to the content Moreover, an unsubstantiated attack on an organization based wholly on the size of its budget is unwarranged. There were no charges of misuse of funds or any other substantive financial basis upon which the cutting of The Opinion's budget may other- To: the Student Bar Association and Members of the Student Body It is with deep sadness and a strong sense ofcommitment that we resigned from the Student Bar Association on April 15. Given the circumstances. surrounding our resignation, we wish to explain our actions. The precipitating factor leading to our resignations was the consideration of The Opinion budget for the 1985-1986 year. A motion was made to slash the newspaper's budget by $1,000, "because of their personal attacks on individuals, lack of accountability, libel, large budget, factor to consider when reviewing its budget, the First Amendment rights of a newspaper must remain paramount. We therefore feel that the assumption regarding The Opinion's lack of representation was irrelevant. We were both stunned by the result of the vote on Motion 13-15, and appalled by the subsequent outburst of applause by certain SBA Directors and other students present atthe meeting. Our action was an objection to SBA censorship of a student newspaper. We could not in good conscience remain part of a governmental body that penalizes a newspaper for the free exercise of its First Amendment rights. For the foregoing reasons, we respectfully resign. Daniel J. Marren Former Third Year Director Victor J. D'Angelo Former Third Year Director Alan D. Stewart Former Third Year Director Kathleen A. Tenney Former Second Year Director Leslie A. Stroh Former Second Year Director of many of the articles and editorials printed by The Opinion in the past year, particularly those wise be justified. While the representative nature of an organization may be a To the Editor: community, etc.). it served a vital and useful function in our law school community. It is hoped that this budget cut Unfortunately, today this is no will serve a two-fold function: (1) longer the case. The paper has to give the new editorial board become biased in its reporting, an incentive to make the newsattacking individual rather than paper once again responsive to issues, and narrow in its scope the law school community; and due to an editorial policy which (2) put all SBA-funded activities emphasizes continual repetition and groups on notice that they of the same issues. The paper must remain responsive to the has failed to undertake reporting purposes for which they were and investigation of a myriad of originally chartered in order to issues central to the lives of law continue receiving student students (i.e., the integrity of the funds. building, the future academic and administrative leadership of Beth S. Ginsberg the school, policy decisions surThird-year SBA Director rounding the composition of the Cathy A few thoughts addressing the issue of the SBA's recent decision to cut The Opinion's budget by $1,000.00 The goal of collecting mandatory student funds (which have recently been raised) is to support as broad a spectrum of student activities as possible. At one time The Opinion, as the law school's sole newspaper, reported on a broad rangs of student issues and therefore, was looked to by the students as a forum for the free exchange of ideas and debate. Years ago, The Opinion reported on events, policies, and activities of the lawschool. In this capacity, To the Editor: As Treasurer of the Student Bar Association, I am happy that the year is almost over and I look forward to SBA elections so that I can relinquish my duties. The events which took place at the budget meeting have left me disillusionedand disappointed. I approached the meeting expecting responsible voting. The results fell considerably short of my expectations. First, a question of proxy voting arose. The Board voted not to follow the Constitution and By-Laws and instead chose to allow proxy voting. To push through the vote on this without clearly presenting the issue according to SBA Constitution was a shirking ofthe Parliamentarian's duties. That proxy vote was crucial in a number of items. A general proxy vote is inappropriate especially in a meeting at which approximately $38,000 was being allo- cated. Each director should be responsible for attending the meetings and the critical nature of the budget should require direct participation in the proceedings. Second, a motion passed which cut the recommended allocation for The Opinion by $1,000. Although the proponents explained that this was not a punitive measure, the reason for the cut was to promote accountability be- cause certain persons felt that The Opinion was neither responsive to nor representative of the student body. While I can ap4 Opinion April student body, the involvement of the law school in the Buffalo preciate the criticism of the paper, it is intolerable to me to use the power of the purse to "promote" more responsible journalism. Five SBA directors' resigned at this point, and I respect their conviction on this matter. Not only did SBA penalize the incoming administration by crippling its budget; the SBA also infringed on The Opinion's First Amendment rights by attempting to censor it thorugh the use of funds. There are more appropriate and responsbile ways to effect changes in the paper. Third, one group not only received money in excess of the Fi- nance Committee's recommendation, but it also received money in excess of its own budget request. BLSA's rationale in asking for an increased budget was that the Finance Committee manipulated their request by reallocating the money. However, When an attempt was made to reinstate their original request, this was rejected. I can understand a group seeking to reinstate its original request; however, to be funded money in excess of that request is irresponsible on the part of the SBA. The-final item I would like to address is the funding, or the lack thereof, of the Right to Life organization. This SBA-chartered organization had a recommended allocation of $200 $10 for duplicating, $20 for office supplies, $50 for a conferenceand $120 for 24. 1985 — Wettlaufer George A. Terezakis Dear Editor(s): The primary purpose of this letter is to provide the student body with an opportunity to consider a countervailing view to the story which I assume will pervade this edition of The Opinion. The tradition of The Opinion has been one which shows a clear failure to represent both sides of an issue; thus the necessity of this letter. Much discussion has followed the decision of the SBA Board of Directors to alter this newspaper's budget, by far the largest of all student organizations, by subtracting $1000 from their $6520 figure. Cries of editorial discretion and first amendment were countered with those of malicious attacks, irresponsibility and a total loss of quality. There were many issues raised and discussed at the meeting, and no member or student can reach into the head of another and claim to know the reason why that representative chose to vote the way he or she did. Aside from their personal knowledge of the allegations through reading the paper, the Directors were presented with other evidence and arguments relating to the quality of the paper, including explanations of episodes where the tone and trend of entire articles had been changed. In Mark Katz's letter to the SBA (4/15/85) he uses the analogy of the magazine of which he is coeditor. In the Public Interest (ITPL), which as always received excellent reviews by those in the field of Public Interest Law. This analogy has one vital flaw which lays out the primary issue of the controversy: that is the high quality level of ITPL. Mr. Katz I am sure, recognizes the fact that should ITPL lose its high quality, the Board may feel obliged to withdraw some of its support. (In fact the magazine was rewarded all of them, stood up for what they believed in, and for what they felt was the proper action; no one can be condemned for that. Those members who passed the motionfor the reduction didwhat they did as possible notification: raise the quality level of your newspaper. This leaves the editorial board a chance to improve their reporting tactics. The Opinion can, and should, appear before SBA next year after printing several editions and show how different the "new" editorial staff is, and then request the $1000 they need to meet printing costs. The bottom line remains that due to the reprehensible actions of The Opinion, a majority of the SBA Board of Director's withdrew $1000 from the budget of The Opinion. The Opinion must, as well as all other student organizations which receive their power as a direct result of their chartering and funding by SBA, use their delegated power responsibly in maintaining the quality of their stated objectives. Once this is lost and the quality has deserted the organization, perhaps a withdrawal of some of that power is necessary. All student organizations must realize that SBA does not merely grant a charter and fund an organization without maintaining an interest in the group's activities. Every chartered student organization which SBA funds must ultimately answer to the Board. Through By-Law 13 the Board receives information as to the activities of each and every student group. Once the quality level of those activities and their ability to achieve the objectives of the student organization decreases, SBA as the representatives of the students who pay mandatory student fees, must take action and withdraw some of their support. While the politics of each and every organization cannot agree with the politics of each and every board member (or students for that matter) the quality of every group must meet the standards of the Board. Perhaps if The Opinion necessitates full and unequivocal control of itselfit shouldconsider be- for its high quality by a budget increase last year.) The issue facing us as students is the quality speakers. The two other new of the student newspaper. Even groups. Amnesty International those who resigned recognized and the Buffalo Labor Relations the fact that The Opinion has Society, both received $200. sunk below a minimum level While I personally disagree with when it relates to the quality of the views espoused by Right to the newspaper. Life, I was angry to hear that this While the withdrawal of fund- coming financially independent. liberal law school did not see fit ing from the budget of The Opin- Until then situations similar to to fund this organization in order ion may not have been the per- this are bound to arise. to increase awareness, by bringfect solution, we as people are Lori Cohen, ing in speakers and encouraging not perfect. The Board members, SBA Vice-President debate on a controversial topic. My rights were infringed upon by the Board's refusal to fund this group. I was disheartened to see that when a belief is repugnant To the Editor: of any precedent authorizing to some people in this law of publication for school, the SBA is quick to deny I have often considered adding censorship funding. Justice Holmes sums up my opinion to the increasingly espousing unpopular political my feelings on this issue: "But heated debate regarding the role views. By assuming positions of trust when men have realized that of the Student Bar Association. time has upset many fighting While the SBA has generated in a legislative body, SBA direcfaiths, they may come to believe numerous controversies during tors implicity subject themselves even more than they believe the my tenure at U/B, its latest action to public scrutiny and criticism. very foundations of their own fills my soul with rage. Certain If a legislator sponsors a resoluconduct that the ultimate good directors of that organization tion, he or she must personally desired is better reached by free now consider themselves not bear this burden. It goes with the trade in ideas thatthe best test only competent to espouse myso- job. Several SBA directors have of truth is the power of the cial and political views (e.g., Greonce again shown their immaturthought to get itself accepted in nada Resolution), but also to censor our law school newspaper on ity and incapacity to exercise the the competition of the market." responsibilities of public office. I While performing my duties as our behalf. As wonder aspiring members of a how they will fare when prohave attempted to Treasurer, I manage our funds and to make fession committed to the rule of the far greater responsibilities of responsible financial decisions. law and to the maintenance of our profession confront them. After the meeting last Monday I constitutional rights, students of Quixotic idealism has no place in realize that my concern for this this law school should feel out- the positions of trust we will soon organization and my belief in fair raged. Freedom of the Press is a assume. I wonder what form of student proceedings and just determina- most cherished bulwark of our freedom. The activist faction of publication will exist when I retions was to no avail. the Student Bar Association has turn in the future to U/B's ivory violated the trust reposed in towers. Whatever the answer, Gena M. Peca Treasurer, SBA them as directors. I am unaware the damage has been done. You, — �.. silent, i non-participating majority of students, should scrutinize this sad affair and accept your responsibility for it. Next year, you might considerelecting as your directors competent, responsible individuals instead of unscrupulous zealots. After all. Pravda will never do as the publication's new name. What about The Opinion of the Student Bar Association ? To the Editor: As an SBA Director who voted to cut The Opinion's budget $1,000 from $6520 to $5520, I would like to explain my decision. The purpose 'of the Budget Hearing is not to blindly approve every proposal that comes before theSBA. Rather, the hearing provides an appropriate forum in which any organizatin within the law school may come before the board and justify its proposed budget and explain to the student body what it intends to do with the money allocated to them. I feel that The Opinion does not deserve the large budget it requested, and it was within my authority and proper discretion to vote in favor of cutting its budget. The deciding factor upon which my vote was based was not my own disagreement with th6editorial policies of The Opinion, but rather the blatant mismanagement of funds, specifically the plethora of untouched copies of The Opinion which clutter and ultimately become debris in the mailroom every two weeks. The number of papers purchased by The Opinion is inversely proportional to its cost, thereby justifying its large circulation. But, with a student population of approximately 850 and a circulation of approximately 2,000, this saving seems hardly justified. In light of the fact thatdistribution is limited to law students, I feel it would be better to print only 1,000 copies, which would in turn eliminate unnecessary cost and waste. My justification for voting to reduce The Opinion's budget for 1985-86 is stated herein. I urge all directors who voted in favor of the motion to publicly justify or at least explain their positions. Rose-Anne Landau First-year Director Editor's Note: The minimum number ofcopies the printer will charge us for is 2,000. Thus, even if we were to order 1,500or 1,000 copies of an issue, it would still cost the same. We decide to print the 2,000 copies we pay for since each issue is distributedto about 800 law students, as well as faculty, administration and Alumni Association. Additionally, undergraduates pick up the paper as they pass through O'Brian Hall, copies are retained for archives, and issues are sent along with billing to each advertiser, acknowledging publication of their ad. To the SBA: I have no doubt that most of the directors remaining on the SBA are proud of cutting The Opinion's budget by $1,000. It was mentioned that the action was not punitive, but was merely to ensure future "accountability." The language of the motion belies this. As an editor of a law school publication, I object when procedure is used to mold editorial comment. That The Opinion has been unfair and offensive is beyond question. The practice of answering letters to the editor and personally attacking their authors is unprofessional. Similarly, using the budget process as a cattle-prod is unethical and All disavowals aside, the SBA's action amounted to no more than a personal attack witness repeated references to "Bob Cozzie and his cohorts." Earlier in the year. The Opinion launched an offensive, sexist attack directed toward individuals in the SBA. What The Opinion did in the Onion, the SBA did in the April 15budget meeting; however, the targets in this case will laugh all the way to graduation. One final note about "accountability." As an editor, I will only be accountableto the SBA for my the repressive. To the Editor: I am writing to inform the student body about what happened at the Student Bar Association Budget meeting this past Monday night, April 15. It was a sad and sorry sight. At approximately 8 pm, five SBA directors resigned and proclaimed that they refused to participate in "something that amounted to censorship." Exit from those members was in response to a vote involving The Opinion's budget. Interestingly enough, censorship was to raise its ugly head again when it came timeto vote on the budget for the Law Stu- dent Right-To-Life Association. In that vote, SBA set a new precedent, and for the first time in its history, refused to fund an SBAchartered organization. The SUNY policy on student activity fees indicates that among the programs that the prescribed mandatory student fees shall be used for is "assistance to recognized student organizations, provided that the purpose and ac- Very truly, Michael E. Storck 3rd Year Student and Glad to be Graduating — expenditures. My responsbility for content and editorial comment goes to the public-at-large. Mark D. Katz Co-editor In the Public Interest tivities of the organization are of an educational, cultural, or social nature." The Law Student Right-To-Life Association is a newly SBA-chartered educational organization. Its primary goals are to foster a forum of debate for the issues of euthanasia, abortion, and infanticide, and to examine the legal, social, moral, and medical ramifications of each of those issues. If there is any misunderstanding regarding the name of thegroup, I would like to make it clear that the group is not affiliated with the National-Right-To-Life organiza- tion. We are not a political organization. The nature as well as the approach of the group is educational and informational, and obviously the group does not address a single issue, but rather an array of issues. In short, Law Student Right-ToLife Association met all qualifications for funding, yet was rejected. One SBA member summarized the situation well by stating that all that is going on here is suppression of a minority point of view. &„„ Urbano To the Editors: As I write this letter, I stop and consider what has prompted the SBA to reduce the 1985-86 budget for The Opinion by $1,000. Claims of "accountability" bear no weight or credibility in view of the injustice that has been wrought. I was the Editorin-Chief of The Opinion for the 1984-85 school year, and its Business Manager from 1983-84. I have experienced first-hand the pettiness and irresponsibility of certain SBA members during the past two years. What has been termed "unfair," "objectionable," and "offensive" is another example of the immature attitude prevalent among the left-oriented law students who have managed to secure a position of power within the law school. The word "libel" was brought out during the SBA budget inquisition. While our editorials, articles, and responses may have offended certain individuals named therein, there is no indicia of libel within exclude those members who these writings. voted against cutting The Opin-Nothing published in The ion's budget, has the last laugh. Opinion was less than the truth But at what expense? A new but, and I must apologize for this, editorial board must pay for this we did not submit every article insipid backbiting by sacrificing to the SBA for its permission to a portion of its budget for unpubwrite about controversial topics. lished newspapers? Or is this an When an SBA director is elected, attempt to make the publication thatindividual shouldrealize that of thelaw school's only indepenhe/she will be subject to criticism dent (but not financially, as has as an elected government reprebeen so effectively desentative of the law school. To monstrated) newspaper subject quote an age-old proverb, "If you to thewhims of the SBA; in fact, can't take the heat, get out of the to makeit a privilege granted and kitchen I" controlledby the SBA rather than Furthermore, because of the a responsibility and forum of the secretive manner in which the law student body? UnfortuSBA has conducted its affairs this nately, it appears that any conpast year, The Opinion found itservative expressions (that is, self to be the sole conduit of inanything to the right of socialism, formation as regarded the SBA. Marxism, communism) will not For those of you who have been be tolerated by the members of here more than one year, it was the law student government. So an editorial by The Opinion conbe it. Hail The Pravda Opinion] demning the GrenadaResolution Sincerely, which prompted the passage of By-Law 14 for Special ResoluRobert M. Cozzie tions. Former Editor-in-Chief The SBA, and I specifically of The Opinion able" to and "more consistent ministrator who ultimately drew with the views" of the student blood by hitting the student in When recently engaged in a body. the chest. {Poisoned Ivy, by Bendiscussion on conservative judiWhen five directors resigned in jamin Hart, released last year excial principles, a fellow law stuprotest to this act of censorship, plains in full the trials of conserdent conceded that in principle the "rapture-effect" allowed for vatives at Dartmouth.) The Hawkhe agreed with me but felt comfull-fledged tribulation.The Black eye Review, a conservative pelled to keep .himself "left of Law Student Association budget newspaper at the University of center" because "the establish- was increased by $200 to give the lowa, was banned from the camment" was so overwhelmingly organization the entire amount pus by the university's left-wing "conservative." As I sat in the asked for of $1550. administrationfor being "racist" sham meeting of the Student Bar Next the Federalist Society and "sexist" (the paper pubAssociation "establishment" was nearly denied funding when lished articles against affirmative Monday night, I wondered if wit- five directors voted in the nega- action .and the ERA). At least nessing this charade would have tive without explanation. After a three chapters of the Federalist changed his mind. short break, the Black Law Stu- Society have been denied recogFlagrant injustice was running dent Association budget was nition as student organizations at high during the three and a half again increased to $1790, giving other law schools and were hour SBA circus. Any organizathe organization $240 more than forced to seek court orders to intion that was not completely they originally requested from sure the exercise offirst amendaligned with the liberal "ethos" the Finance Committee. ment freedom of association. was in some way attacked. The Finally, as the last orderof busThe Maryland Right to Life AsMoot Court Board was the first iness, the Law Student Right to sociation was similarly forced to subjected to leftist attacks, un- Life group proposed budget of seek judicial intervention when doubtedly due to the fact that the $200 was cut to zero because, as denied equal access to advertiseBoard offers membership only one radical feminist stated, "this ment space made available to on the basis of merit and without group is a threat to my right as pro-abortion groups on city regard to race or sex (i.e., no a woman to control my own buses. Unfortunately, these are not isolated occurances and atquotas). Foaming at the mouth, body!" the left managed to pass a resolThe vicious attacks by the SBA tendance at any conference of ution requiring the Board to ex- against every non-leftist organi- conservative organizations proplain all miscellaneous expenses zation should be enough to make vides an unlimited supply of in writing (despite the fact that anyone think twice about the similar accounts occurring receipts are already required for political nature of the "establish- throughout the country. The fact is that groups origiment" (at least at U/B). The entire all reimbursements). The next opportunity for ex- SBAactivity, however, merely re- nally formed in reaction against pression of hostility came with flects the attacks directed from oppression have since managed the PAD budget. (Fraternities are left to right that are occurring to gain significant influence. always a "suspect" class of or- throughout the country. We are They now employ the same repganizations). After considerable taught, of course, that it is the ressive tactics as they were supdebate on the "exclusionary na- "conservative establishment" posedly designed to prevent. ture" of the organization (PAD which threatensbasic individual With complete prophetic irony, charges dues to fund events rights. In fact, though, the past conservatives who have warned rather than relying on SBA hand- twenty years have given rise to that too much power in governouts), the budget ultimately was a new establishment so perva- ment will threaten individual approved. sively and intolerantly leftist that freedom have beenforced to face So far the lions had been "new right" organizations are the consequences of their own merely salivating, but The Opin- persistently persecuted in ways unheeded warnings. As eviion became themain course. Led that are not Unlike the tactics of denced in our own law school by Judy Olin and Beth Ginsberg, our own SBA. Monday night, the result has a motion was passed to cut The been leftist oppression ofall who A few examples may prove enare perceived as a threat to the Opinion by $1,000 to "punish" lightening. At Dartmouth, a stuthe paperfor its "defaming" arti- dent lawfully delivering issues of new liberal establishment. clesand pictures against the two theconservative "DartmouthReArtScinta and to "make thepaper account- view" was attacked by an adTo The Editor: Letters continued on page 6 This is the last issue of The Opinion for the semester. Hopefully, we will resume next semester. Best of luck on finals. April 24. 1985 Opinion 5 �SBA Action Called "Left-Wing Fascism" To The Editor: I heard with horror of theSBA's heavy-handed decision to lop $1,000 from the'85-'B6 The Opinion budget. The motion at the April 15 meeting, presented by two third-year directors, cited several reasons, to wit: personal attacks on individuals, libel, abuse of discretion, large budget and lack of representation of the student body. In the ensuing discussion, it was argued that the paper was degrading to women, and one person complained that he had an article title censored. This motion, and its subsequent passage, are emblematic of the worst type of left-wing fascism. I would be the last person to defend The Opinion as it has appeared this past year; it was tasteless, reactionary and offensive. Nevertheless, the approach taken by the SBA was no more than a petty totalitarian reaction to a group that they did not (not without justification) ap- prove of. I will attempt to de- monstrate. First, the claim of libel is not true simply on the say-so of those who are offended or their apologists; to assume the truth of such a charge and mete out punishment accordingly is the sort of denial of fundamental due process as to amount to sheer vigilantism, and is reprehensible. Second, if there was such strong feeling that the editorial board was behaving in a libelous manner, why was no action taken during the school year to deal with it? (I cannot believe that, had they so desired, SBA could have held a plenary session to cut off funds in January). As to the charge of lack of representation of the school body, this is a canard; the paper had an open policy, which it adhered to, of printing articles submitted by anyone, as long as they were not actionable; if there was serious disagreement with the posture taken by those who edited and wrote for The Opinion, they could have, indeed should have, been answered in print. This closely relates to the claim of lack of accountability; to whom precisely is The Opinion accountable? The only answer I can see as defensible is that they are accountable to the entire law school student population. Does the SBA presume to be coextensive with the law school? I saw no letters or articles of condemnation of the paper from any source this past year (which in itself speaks volumes about us). As to the argument posited that their budget was too large, what does this mean? That they could have done the same for less? That other groups need the money more? Or simply that certain people didn't like the way the paper spent their money? I believe, all rationalizations aside, that this is the crux of the matter, and the disingenuousness of the SBA does not hide the fact that what we have here is a prime example of vendetta politics. Of course, the people against whom the supporters of this motion have their gripe will not be here for next year's paper; it is their successors who will bear the brunt of this action. I was informed that this is irrevelant, as next year's editorial board will be no different, having been handpicked by the outgoing board. That argument holds no water; after all, it was Dwight Eisenhower who hand-picked Brennan and Warren, and John Kennedy who chose Byron White, for the Surpeme Court.'At the least, it is basely insulting to the new editorial staff to presume what they will say without having heard it, as though they could not think independently of those who chose them. It should be said that if next year's The Opinion looks like this year's, that it would be quite proper to hold a referendum to see if the students want their money spent in that fashion. As it stands, the SBA's action smacks of the worst sort of political oppression; if we had a rightwing student government that decided to cut off the NLG, the screams would be heard in every corner of campus, and rightly so, regardless ofwhatever self-righteous and high-toned explanations might be offered. I fail to see the difference, this action is embarrassing and shameful, and should be recanted. [Since writing this, I have been confronted by the Federalist argument that this action supports theirpremise that Governmentin and of itself is an evil, and that individual students should be left to their own choices regarding where to spend theirfees. I disagree with this extreme reading and am not ready to throw the baby out with the bath water. I in no way endorse theFederalist position.] by Dennis A. deary CDO, Alumni Association Holds Career Panel by Paul W. Kullman a retainer basis whereby a client is quoted a specific price up-front Long hours, emotional clients, based on an initial interview. In and problems collecting attor- addition to this fee, which may ney's fees are just three of the vary from $750 to $5,000, the things a student planning a pri- client is quoted a per hour rate vate practice in matrimonial and for the subsequent work which family law can anticipate, accordmust be done. ing to attorney Sharon Town"We state all the fees up-front send. now," Townsend said. "This is Townsend was part of a four- because too many times we attorney panel which discussed don't get the money awarded to the practice of matrimonial and us at the end. That's why we have family law at 3:30 p.m. on a retainer." Wednesday, April 10, in noom Townsend said a retainer fee 210 of O'Brian Hall. Twenty-two alleviates the problem of an atstudents attended the discus- torney having to sue his own sion, jointly sponsored by the client at the end of a case in order U/B Alumni Association and the to collect fees. Career Development Office. "All this adds special pressure An attorney with the downto matrimonial law, especially if town firm of Siegel, Kelleher, you're a sole practitioner," she Hirschorn, Munley & Kahn, said. "You have to be a good busTownsend said her job involves iness person as well as a good "a lot of pressure," often requirlawyer to keep yourself going." ing her to put in 12- to 14-hours Turning to the public sector, days as well as work weekends. Richard Usen, an attorney with "You really have to be dedithe Erie County Department of cated," she said. "In practicing Social Services, said that while matrimonial law, you're dealing working within a bureaucracy with clients that are extremely has its drawbacks, it also has ceremotional. I do a lot of handtain advantages. holding, reassuring clients." "You have less freedom than A 1979graduate of the U/B Law private attorneys have in terms School, Townsend's job also in- of coming and going, and there cludes work with adoption, is no promotional advancepaternity, and divorce modificament," he said. "But I enjoy tion and enforcement cases. She greater independence in handsaid one of the problems in work- ling cases. I can negotiate for ing in this area of law is that "nowhatever settlement is proper. body's happy in the end, and the No one checks your box scores person who always gets criticized to see how many you've won or is the attorney." lost, and this makes it easier to Another problem which a pri- practice." vate attorney practicing matAn attorney with the cbunty for rimonial law can often face is col12 years, Usen said another belecting fees, according to Townnefit he enjoys is working 9-to-5 send. She said her firm works on days and having weekends and Vedge's Law 6 Opinion April 24; 1985 holidays off. One of 15 attorneys employed in his department, Usen said his work is almost exclusively done in family court, where he deals with problems of child support, paternity, and child abuse and neglect. Usen said applications for positions such as his are based on civil service examinations and range in salary from $22-48,000 per year. Eugene Fitzgerald, an attorney with the Civil Division of Legal Aid, characterized his job as "a fun place" to work. "The first day I came here I liked it," he said. "I deal with a lot of people in a rather relaxed manner." Fitzgerald said Legal Aid is composed of the Legal Aid Bureau and Neighborhood Legal Services. Within the Legal Aid Bureau, there is a civil division, a criminal division, an appeals bureau, and a law guardian's office. Usen said the criminal division is a good place to work if you want to be a public defender "because you get a lot of people thrown at you." On the other hand, an attorney in the appeals bureau usually spends a lot of time in the library, according to Fitzgerald. Law guardians deal with people 16-and-under and "handle just about everything" he said. Fitzgerald said salaries of attor- neys with Legal Aid range from $20-40,000 per year. "Legal Aid is great as a career or just as a stepping stone," he concluded. Bernard Friedman, formerly an attorney with Legal Aid and now in private practice, pointed out that private practice cases have a tendency to get more complicated "because you're dealing with people with potential assets," rather than indigents. "In the matrimonial field, expenses are outdistancing the money that can be set aside," he said. "With matrimonials, you can never say to the client when it will end. The attorneys will often make theclient as unhappy as the judge will." NYC Interviews in Fall CDO has begun organizing its recruiting season for the 1985-86 academic year. Members of the Class of 1986 and 1987 should note: On-Campus Interviews will begin on September 11. Resume due dates are expected to begin on August 26; Off-Campus Interviews in New York City are scheduled for October 4. Resumes will be due approximately August 29. A detailed schedule of employer interview and resume due dates and other information will be included with the Registrar Office's summer mailing of registration materials. Be sure that the office has a correct address for you. JAECKLE CENTER FOR STATE AND LOCAL GOVERNMENT LAW presents informal box luncheon at 12:15 p.m. Fifth Floor Faculty Lounge with Henry G. Williams Commissioner of the New York State Department of Environmental Conservation on Wednesday, April 24, 1985 by Cliff Falk �Review of 1984-85News and Events by Victor R. Siclari Provost Greiner started to asWith the school year coming semble a dean search committo a close, it is an appropriate tee. Greiner's plans evoked contime to look back and recall troversy with student leaders events that evoked controversy, claiming underrepresentation of had an impact upon our lives as law students by only having one students, and/or were once imstudent on the committee. Coinportant but have now faded into cidental was the release of statisthe recesses of our minds. The tics that showed the decline in following is meant to be such a academic credentials of the firstreview, one over which people year law students. Maybe can reminisce Or treat like salt in Greiner knew of the statistics bea not-yet healed wound. fore he decided on how many The first issue of The Opinion law students were to be involved of the 1984-85 school year covin the committee. ered several major announceHowever, we know that the ments. Dean Headrick informed Law School is held in repute elsethe faculty at a meeting on Sepwhere since the ABA/Law Stutember7, thathe intended to resdent Division-Second Circuit ign as of August 31, 1985, but consisting of all fourteen ABAwould continue in the position accredited law schools in New until a replacement was found. York, held its Fall Roundtable at Rich Gottlieband Rob Sant anU/B. Also, U/B was host to Jane nounced their candidacies for Slaughter,' a labor newspaper SBA President and talked about writer, who spoke on concession theirqualificationsandplatforms bargaining and was sponsored in a "Meet the Candidates" by the National Lawyers Guild forum and a presidential debate. and Buffalo Area Metropolitan Among the promises made by Ministries. Gottlieb, the winning candidate, U/B was an unfortunate host was a more organized and coheto an incident where James Grasive SBA with ample publication ble, from the Immigration and of agendas and issues to be conNaturalizationService of the U.S. sidered at meetings. He also Justice Department, made raplanned greater involvement by cists remarks in connection with other officers, a student activity his recruitment visit. Grable refee referendum, greater enrollceived criticism and condemnament of students as members in tion from law student organizathe ABA and NYBA, and greater tions, to which he responded participation of the law school in with an apology. Embarrassing decisions affecting it, such as the as this was for the Career Deunified commencement and the velopment Office, who invited impact of the management buildGrable, CDO was redeemed by ing on the law school classits selection of Lionel Rigler as rooms. Public Interest Career Advisor, a Other events worth mention newly created position. include the Desmond Moot Court Other new things at the law Board announcing its competischool were the informal box tion, the Federalist Society promluncheons sponsored by the oting its ideologies as a new orJaeckle Center for State and ganization, and the Buffalo Law Local Government Law, a new Review having selected its new election for business manager of associate members. Also, there The Opinion, and publication of were our columnists, Andy H. an SBA meeting and agenda. The Viets and Pudge Meyer, recountmore familiar things by this time ing their summers: Andy's daywere the Meanderings column, to-day meanderings in California the continuing saga of Meyer's and Pudge's "internship with the internship with the Carson Carson County D.A." County D.A., political commenThe next issue covered the retary by a Federalist member.Cliff sults of the SBA elections with Falk's humorous cartoons, and offices of president, vice presiVie D'Angelo's insightful poetry. dent, treasurer and secretary In the fourth issue of The Opingoing to Gottlieb, Tony Torres, ion, we find the SBA successful Glna Peca and Lisa Roy, respecin making Provost Greiner contively. An article about Dean cede to having two law student Headrick's resignation explained representatives on the dean that the reason behind his decisearch committee. Other good sion was a desire to return to news included the dedication of teaching. Other articles covered theKoren Center, an audiovisual President Reagan's visit to Bufarea located on the fifth floor of falo to promote his re-election, the library, new student mailsome thoughts on the presidenboxes to eliminate the doublingup problem, and a moot court tial political process, and commentary on the not-yet-effective competition that did not include New York Seat Belt Law. P.A.D., the destruction of library facilities, as did the previous the law school fraternity, announced its semesterly blood year's competition. Conferences at the law school drive, book sale and racquetball party, as well as its recordabounded. There was the Mitchnumber fall membership rush. ell Lecture on Feminist DisOne month and three issues course, Moral Values and the into the semester, University Law, and conferences on EnvironmentalLaw Enforcement in Western New York, and Jobs and Economic Revitalization. In November, there was some appropriate commentary by Federalist Society members on the electoral college, as well as on the D.C. Representation Amendment, and comparable worth. Other articles detailed a large influx of transfer students from Ohio law schools, a mock rape trial held by Section One law students, and the opportunities provided by the ABA/LSD and the Alumni Association. Some unnerving news revealed were the university's plans for a unified commence- ment and the SBA's last-minute decision to refuse -funding for a fall formal at the Westwood Country Club. However, the SBA decision was not allowed to go unnoticed as The Opinion condemned it in a scathing editorial. Nothing calmed down after the Thanksgiving break as The Opinion and SBA members engaged in further attacks over the Westwood decision. The controversy became heated even more when the SBA offered to donate student activity fee money for the American Famine Relief. After the SBA was informed by Joseph Stillwell, Assistant to Dean of the Division of Student Affairs, that such action was beyond their powers, this only gave support to The Opin- ion's denouncement of the proposal and added more fuel to the fire. On the lighter side of things, the Moot Court competition came to a close with Kathleen Tenney and Matthew Metz emerging as the winning team, narrowly edging out the team of Candy Vogel and Howard Spierer. In addition to those students recognized for their briefs and oral presentations, thirtythree second-year students were invited to join the Moot Court Board. Other victorious teams were Simplex II in the intramural Softball championship and One L Sec. II in intramural football. The closing comment for the semester concerned the procedures and policies for final exams, something we were all looking forward to finishing. The start of the spring semester found the Law School in an unsettled condition. Tony Torres had to resign due to a burden- some scholastic workload, leaving the position of SBA Vice President vacant. While Torres acted out of concern for his inability to properly serve students, other officials were not quite so responsible. The university seemed to turn a deaf ear on the problems in the Law School. The seventh floor continued leaking for the fifth year in a row and pipes in the library burst for a second year in a row. Of course, the internal fighting between SBA and The Opinion continued. More productive were students Charlotte Sibley and Sue Silverstein and CDO's Audrey Koscielniak who attended the National Conferenceof Public Interest Law Foundations, the Social and Commencement Committees which jointly sponsored a Blizzard Bash party at the Pine Lodge, and student Dave Platt who examined the policies on endangered species. The second spring issue of The Opinion carried new announcements: the installation of a faster and more accurate automated lc ciuiuiiininu contfttmtd on page /- April 24, 1985 Opinion 7 �SOLD OUT The live performance of the Summer 1985 Pieper Multistate Bar Review is completely subscribed. No further registrations are being accepted for this location. Limited seating is still available for the tape location in New York City at the Madison Square Garden Theatre on 31st St., between 7th and Bth Avenues for the A.M. session given 9-1 pm and the P.M. session given 6-10 pm. Registrations are also still available for the tape locations in Nassau, Suffolk, Westchester, Albany, Buffalo, Syracuse and Washington, D.C. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516)747-4311 8 Opinion April 24, 1985 �36th Annual Law Revue Packs TralfCafé Review of theLaw Revue Law Revue was a great success. Thanks to the talents and efforts of those involved in providing the entertainment, the quality of the Tralfamadore Cafe, and the attentiveness and enthusiasm of the audience, the 36th Annual Law Revue took a major step towards leaving behind the problems that plagued last year's edition. For those of you who couldn't The skits were not only funny make it to the Tralfamadore Cafe but mercifully short. Very few on March 24 this is what you jokes were beaten to death and missed. student abuse of the faculty Three hundred seventy-five seemed to be evenly distributed people showed up on a rainy thanks to the Mike Onion radio Sunday afternoon. Not too mystery thriller "Well, She Said." shabby when you consider that and the ever soulful Charles Carr the Revue was competing the Moot Court Competition. NCAA regional finals and the There was poetry by Vie usual number of Sunday mornD'Angelo; Tom Schofiejd reciting hangovers. ing the alphabet backwards at a blistering pace; a brief case drill team clad in its corporate best trying to march and keep a beat at the same time; and Supreme Court Justices dancing to "I running smoothly and kept bad jokes at a minimum. Technically, the show went off without a hitch thanks to the gargantuan efforts put in by Peter Scribner at the lighting booth andLori Cohenbehind the stage. Dan Elias who gathered together the musical talent (as well as performing in just about every musical act) and Howard Spierer who coordinated the production should be commended for laying the groundwork and setting the level of quality for future Law Revues. Although this production ran close to four hours it was an enjoyable, fast moving, and painless four hours for both the performers and the audience. The entire Law Revue was video taped and is available for viewing in the A/V department. Heart It Through The Grape- vine." A major reason for the success of this year's show was the over- whelming participation by first year students. Section One provided the Revue with two skits: Bad Ethical Theatre in which Calvin Klein, Dr. Ruth Westheimer, Paul Harvey, and the Queen of England interjected their expertise upon sticky legal dilemmas The Hoi Cargo Siring Band and "Let's Strike a Deal" which allowed convicted felons to seal their fate by selecting doors number one, two or three. From Section Two we had "The Honeymooners" which hinted that Profs. Katz, Freeman, and Mensch bore a subtle resemblence to Ed Norton and the Cramdens. Musically, the first Briefcase Drill Team year provided the Revue with guitarists Kate Barth, Andy Winston, and Paul Karp as well as pianist Steve Ricca. The musical acts were of the caliber of entertainment that normally appears at the Tralf on any when the admisgiven night — The Honexmmmers — "Mensth and Freeman' sion charge is substantially greater than the dollar charged for the Law Revue. It varied in form from, the tight blue grass harmonies of the Hot Cargo String Band (charter members Atleson and Engle insured the bands continuance into the next two years by quickly signing on some of the first year musicians to replace the band's graduating members) to the scintillating jazz riffs of Lou Del Cotto and the Re- Mike Onion's Mystery demptions and the pulsating rock/fusion of the Steve Connelly Band. Prof. Majorie Girth provided one of the afternoon's comic highlights with her explanation — of the many uses of the UCC Uniform Cohabitation Code. M.C.s Randy Fahs, Howard Spierer, and George "Who Loves Ya Baby" Villegas kept the show photos by Victor R. Siclari Sieve Connelly Band Louie D and the Redemptions Sandra Day and the Supremes M.C. Howard Spierer John Kolaga (left) onflute accompanying Mary Breen in "Sendin the Clown* April 24, 1985 Opinion 9 �ter Tax Guide, this thing that that just makes it a little easier. people use when they work for But the only real courses worth H & R Block. It was just all these teaching, the only way to teach rules, like if you're a policeman, is to get students challenged. can you deduct for buttons; and When you get out, the only kind you look it up and that kind of of work that is going to satisfy stuff. you intellectually is work you are I came away saying to my fel- putting your own creativity into, low students "tax isn't law, what covering things nobody else has the hell was it doing in law done. That's where a lot of school." As I became disabused money is going to be made. of that notion, through discus- Q: So why aren 't you out making sions with Lou, I could see that a million dollars a year as a big it satisfied my interest in the time tax lawyer? workings ofadministrative agenA: Because I like teaching; I alcies, and also it is one of the few ways have. I don't think I could courses where you get the mix last out there, unless I was between the legislative branch, plunked down into the middle of a big firm where I was treated as the judicial branch and the administrative-executive branch. a professor; allowed to do re- by Peter Scribner The following interview was conducted with Law Professor Ken Joyce in early March. Prof. Joyce will be leaving on sabbaticalafter this spring to take a position as Research Director with the New YorkState Law Revision Commission (see accompanying article). Joyce has a reputation as being a lively and challenging instructor, who can take a subject such as tax potentially dry as dust and turn itinto a fascinating, intellectual exercise. This interview took place following a Tax II class where several groups of certifiably normal law students lingered after class to question each other as to what B's basis in Blackacre was after some extraordinarily complicated transaction. Joyce and Lou DelCotto both teach Tax I and 11, and have co-authored several scholarly articles on tax subjects. The interview took place in Joyce's office, which was incredibly unkept, even by law professor standards. Piles and piles and piles of papers and books lay on every horizontal surface. Rumor has it he is the only faculty member to have a work-study — — ... A: Yes it is Q: Even after 20 years you still have a close connection. We all know the Doug Flutie Ruleof Tax, and your daughter's going to Boston College by the way, do you just have one kid? A: Twokids. Michael's in his third year at Canisius High School, and he'll probably be looking at schools in the area. Q: So how have you felt twenty years in "exile"? A: Well, both my wife's family and my own have been in the Boston area. And before we bought a home in Buffalo we bought a cottage in Cape Cod, which we still own but haven't gone to in the last five years be- — student assigned to clean up his office. For two hours, the Professor spoke on his upcoming plans, his background, and on his progress or lack thereof in grading exams. Joyce speaks in an unre- — — constructed South Boston accent, despite twenty years on Lake Erie. A Red Sox and a Bruins pennant adorn the walls. After graduating from Boston College Law School in 1961, Joyce served as a law clerk to Judge Paul Clerk of the Massachusetts Supreme Judicial Court. He planned eventually to go into teaching, specifically in administrative law, and so clerked with the United State Court of Appeals for the District of Columbia Circuit. Forty percent of the work of the D.C. Circuit involvesAdministrativeLaw. In his third year out oflaw school, he received a Ford Fellowship in legal education, and received his LLM at Harvard. Q: How did you end up at Buf- falo? A: One of my administrave law professors at Harvard was a former U/B Law Dean, Louie Jaffe. When I was looking for teaching jobs, he said "Did you ever think of Buffalo," and I said "Where's Buffalo," and he said, "You get on the New York Thurway and you drive and you drive and you drive." I interviewed here, liked thepeople, and began teaching here as an administrative law instructor. Q: When did you get into tax? A: It wasn't until five or six years later that I began to get interested in tax, primarily because of my association with Lou Del Cotto. I had no interest in tax. I hated tax in law school. We used the Mas- Professor Joyce Takes a One Year Leave from U/B So I thought I'd give it a try; and the more I got into it the more it interested me from a theoretical point of view, a teaching point of view. And over the years it seems to have been challenging to stu- dents, which is good. Once they got over the initial fear of it, they seem to enjoy working with it. It's a good vehicle for challenging them, challenging their analytical skills. Q: / have to admit that I was expecting something somewhat similar to what you just described that you went through; and I found it amazing that you could approach tax in this highly theoretical matter. A: If you work at it looking for that, looking to develop that, you'll get there. You can come at other courses of law like that. For example, at many places antitrust is taught as a series of rules that you get out of cases. But that's not a good antitrust course. You have to get into the economics, the business practices, the mesh between theory and cases, things like that. And that's the good antitrust course. And I'm sure you can say that about any of these courses. Some of the common law courses lend themselves to theoretical development, but search and advise lawyers and things like that — I've worked in the "real world," but it's not been with clients. The idea of repre- senting people on a day-to-day basis, drawing instruments that's not what I would do well. I'm sure if I had to I could make a living out of it, but that's not what I want to do. I think that's why most teachers stay in teaching. It's certainly not that it's easier. Q: You look like you're having the time of your life"up there, pacing up and down, making little x's on the brick wa11... A: I am. I am having a good time. But let's take today's class as an example. I've been teaching that particular area for maybe ten years. I spent three and a half hours the other day on a train from Buffalo to Albany preparing just today's for today's class class. So when I'm having the time of my life it's because, God damn it, I've workedfor that.And it's very satisfactory to see how it works out. Q: Buffalo is some distance from Boston... — — since last October. Last semester he went down to Albany for a day U/B Law School Professor Ken or two at the end of each week; Joyce will be leaving the school this semester he makes the trip on sabbaticalafter this semester at the beginning of theweekeach to take a full-time position as Reweek, all while maintaining a fullsearch Director of the State Law time teaching load here. In fact, Revision Commission. Although spring has inhis seminar this he will be returning here to teach volved student research in varinext spring, Prof. Joyce is not ous areas the Commission is certain at thistimewhathis plans working on at this time. Some of will be after then. this student research may evenJoyce, who has been teaching tually result in legislative enactat U/B for twenty years, has been ments. associated with the Commission The Law Revision Commission as a consultant in the powers and reports to the New York State trust area since 1971. He has Legislature, and suggests imbeep working part-time as the provements of New York staCommission's Research Director tutes. The Commission's work Opinion April 24, 1985 10 The Tax Man from Boston by Hater Scribner YJO CE you really couldn't ask for any- thing more. On the other hand, at this point I can be autonomous enough so that even if went to a hell hole as far as a faculty, I could to some extent rise above I it. Q: There are various things that students find disconcerting. One is grades that seem to take forever to get reported. Various professors seem to be associated with this, and somehow you have made the first team. How does this happen? A: Why don't I get grades in earlier? Complete procrastination. there are people This is to say who get their grades in earlier than a lot of people. I have to ... think that grading papers, grading bluebooks is not as distasteful to them as it is to me. I absolutely hate it. There are very few things that I can think of that are worse. Riding on an airplane is probably the closest. As the years go on, the only harder thing in terms of being a professor tha*n grading papers is making up examinations. But once you do it, it's done. But these blue books are forever. Once you get into them, as eventually you have to, they're not as bad as you always thought they were. But that's just the procrastination syndrome as applied to blue books. That's not an explanation, and certainly not a justification, but it is the plain truthof the matter. Q: Based on that, what work with the Commission do you expect will also be distasteful? A:The work of the Commission is comparable to what I have been doing as a professor; writcause it has suffered great physing for publication. You have a ical depreciation. And believe it lot more control over the subject or not there's a problem with the (compared to writing an exam); deed. When we first came here, it's doing what you want to do we would spend a couple rather than what you have to do. months in the summer at Cape When you do an examination, Cod. We've been going less and you're really doing a chore that less, but still try to go for a couple you have to do that you would weeks each year. never do. I mean, who the hell My wife has been a teacher of would ever give an examination handicapped children all herlife. or take one unless they had to. She began the first program for Whereas this kind of thing is autistic children in the City of Bufmore creative. On the other falo. I've enjoyed Buffalo, enhand, when it gets down to the joyed the faculty, enjoyed my nitty gritty, it's just like any editor work very much. I've maintained will tell you: it's wonderful to my family contacts, but frankly have these great thoughts, but Boston now is to me a nice place try to put them on paper in a way tq visit. We've always planned to thatcommunicates themto other retire to Cape Cod, but that's people... it is drudgery. But down the line. then when you get through with it, it's nice. You say, let's go have Q: In Albany, though, you'll be a beer. closer to where they speak norProfessor Joyce has demal English. monstrated that it is possible to A: To the extent that Albany be lively, interesting, and a firstmakes our family within shootrate academic instructor and ing distance, we'll beable to have scholar. I would, like to express more contact. But professionally, my appreciation for the time he I've never been dissatisfied with gave for this interview, and even this place such that I would be more for the time he has given looking for greener pastures. I to his classes and his students think that the facility for profesover the past twenty years, and sors here is far better than most to wish him well in his new opplaces, far better. As far as the portunity with the Law Review staff that we have and the supCommission. port that we have in my areas. runs the whole gamut of NYS Civil Law. For example, current issues being studied include child custody, attorney fees in eminent domain proceedings, the tort of maliciousprosecution, problems in the domestic relations law, and gubernatorial inability (similar to the 25th Amendment in the U.S. Constitution). Staff attorneys and consultants assigned to these studies write up reports similar to law review articles on defects and anachronisms in current law, and suggest legislative changes. The job of Research Director involves supervising these studies. Joyce enjoys the Commis- sion's wide- scope of activity, especially since most of his work here has been restricted to the tax field. "It gives me a chance to get into things that I have really not looked into since law school, because I've been teaching in an area that more or less commands your entire attention," he said. Joyce emphasized thathis sabbatical and Albany and subsequent uncertain plans do not arise from any dissatisfaction with teaching or this law school, but rather suggest the possiblity of new career goals. �. Defector Describes Russian Legal System by Timothy J. Burvid Speaking from personal experience, Professor Lev Pevzner presented a detailed lecture on law in the Soviet Union on March 21st in Knox Hall. Sponsored by the U/B Russian Club, the lecture covered Soviet Law in general as well as differences between Soviet and American law in particularbranches oflaw. Professor Pevzner practiced law in Leningrad for nearly forty years, before emigrating to the United States in 1980. Presently, he is a Professor of Law at the University of Indiana and a paralegal in Indianapolis. According to Pevzner, the most important difference between the legal systems of the Soviet Union and the United States is in the nature and function of the judiciary. While there exists in the U.S.S.R. a system of appellate courts, their role is almost exclusively limited to procedural review. In no court may a judge or lawyer challenge the constitutionality of a law. While the lecture was basically informational, Pevzner critically commented on this aspect of the law. "While in the U.S., there exist three balancing parts, the judicial, the legislative, and the executive, in the Soviet Union no judicial body looks for the constitutionality of the law." Pevzner added that there do exist some ways in which laws are reviewed. Chief among these is through the Office of the Procuracy. The Procurator General and his agents examine laws to determine whether or not "they correspond to the letter of the constitution." While they cannot declare a law unconstitutional, they make presentations to the legis- lative body promulgating the law, who, in their own discretion, may reform the law or reject the presentation. A less dramatic way of reviewing the law comes through natural legislative reform. Another peculiarity of Soviet Law, according to Pevzner, is the absence of a jury system. Judges decide questions of both law and fact, consider mitigating or aggravating circumstances, and pass sentences. Trials take place housing from the State, there is no landlord tenant law. Pevzner stressed that while such laws seem strange to Americans, they naturally result from the Soviet a small percentage taken from a worker's weekly wages for up to economy. two years, and assignment to a The Soviet Union also differs new job, probably for less pay. in various ways in the field of In sentencing a defendant, an criminal law. Soviet defendants important feature ofSovietLaw is apparently do not fare as well in the treatment of intoxication as the criminal justice system as an aggravating circumstance. their American counterparts. Despite state efforts to stem the There exist no provisions against tide of rising alcohol abuse by self-incrimination, such as the continually raising prices, alcohol consumption is ever in"Despite State efforts to stem the tide of rising creasing and lies at the root of alcohol abuse... alcohol consumption is ever many crimes. Pevzner estimated increasing and lies at the root ofmany crimes." that 90 percent of all disorderly behavior arrests involve drunken Miranda warnings. There is no before three "judges," one predefendants, and that "not less grand jury. Every facet of the prosiding judge, and two lay assesthan 75 percent of all bodily insecution is the police, sors. The presiding judge usually handled by jury cases, including rape and has at least three years of legal and then the Prosecutor's Office. murder, are caused by drunken there are strict hand, On the other experience, and is "elected" as defendants." If a defendant comthe sole candidate for that office, laws dealing with evidence. mits a crime while intoxicated, the material collected All by chosen by the Ministry of Justice. the sentence is automatically exThe lay assessors are workers, the investigator, the police or the tended or increased unless the elected by workers' collectives, KGB, must be in writing. All courtjudge specifically justifies a dcciroom testimony has been previin area industry or farming. "Together, the three take part in the ously taken down in writing and signed by the witness, invesadministration of justice," Pevzner indicated, and each has an tigator, or defendant, so that testimony in court when the trial equal voice in judicial determinations. takes place cannot be altered. Defendants also do not fare Pevzner later addressed laws that are idiosyncratic to the very well in the distribution of Following is a list of student Soviet Union, because of the punishment. A person may be names, along with the course and the teacher or activity, who very nature of the Soviet State. sentenced to capital punishment For example, as would be exfor eighteen crimes, including were recognized for their exemplary work in an Honors bribery, rape, and foreign curpected, private entrepreneurial rency offenses, but not including Convocation held Wednesday, activity constitutes a criminal ofApril 10, 1985 in the Moot Court fense, as does corrupt actions by various state offenses also punishable as capital offenses. Room. state employees in the marketPrize place. The sale of gasoline and Pevzner pointed out that the list First-Year Box (for overall outstanding work) other lubricants is illegal, due to of capital crimes has been increasing since 1950, when capital Ann Baker, Chris Beida, Brenda the scarcity of oil. punishment was reinstituted Bland, Quincy Cotton, Matt Since there is officially no priRussell, Caroline vate business, contract law does after a three year moratorium, Fusco, Dianne not contain any provisions for but there has been a recent trend Silk, Martin Tykinski. against using capital punishment dealing with commerce law. LikeMugel Tax Competition wise, because all citizens lease and towards eventually decreasJohn Garas Went to semi-finals Steve Schop tivitieswhich have enhanced the quality of law school life in general and, of course, for minority students in particular. In addition to its overall goal of increasing minority participation in the American legal profession, BLSA views itself as an important adjunct to the social, emotionaland educational life of minority students. As a general proposition, the efforts of the U/B chapter have focused on activities which aim to make thislaw school more hospitable and responsive to the concerns of minorities. In addition, however, BLSA seeks to provide a social and emotional support group for students undertaking the always challenging and sometimes trying experience of acquiring a legal education. BLSA's initial activity for this -academic year has been its cosponsorship along with LANALSA of a two-day orientation for minority students and students in the Legal Methods Program. This orientation was an early way of finding out about the law school and the program, exploring the range of student attitudes and reactions to it, and creating an initial kind of bonding among minority students and Legal Methods studentswhich was undoubtedly helpful insofar as developing the support system(s) si essential to law school. BLSA also sponsored the annual Law Day program which was the most successful ever in sion not to impose the extra pen"Thus, if a defendant has been drunk and committed rape, the court is duty bound to give reasons why the drunk should not be treated as having committed the crime with aggravating circumstances," Pevzner stated. also Professor Pevzner touched briefly on other areas of Soviet Law, including Family Law, Inheritance Law, and the Soviet Constitution. Later, he fielded questions from a small but inquisitive group for nearly an hour, addressing such issues as abortion, contraception (not as technologically advanced as in the U.S., he admitted), legal education, women's role in the legal system (more than half of Soviet judges are female), and the freedom of religion. Presenting an essentially informational and non-controversial lecture, Professor Pevzner managed to touch on a large variety oftopics. alty Students Honored For Accomplishments BLSA Alive and Well at U/B Once again, the Buffalo chapter of the Black Law Students Association has sponsored or supported an important array of ac- ing the number of offenses. Other unique forms of punishment include the correction tax, terms of the number of people attending. Law Day is an effort to identify potential minority students who may be interested in pursuing legal careers. While as a recruitment vehicle its impact is largely local, it is a way of getting the word out about U/B Law School and thereby increasing the pool of potential applicants. The Frederick Douglass Moot Court Competition was another important activity engaged in by BLSA. The Douglass Moot Court is a national competition whose focus is on Civil Rights litigation. It is broken down into eight regional competitions with the winner of these going on to determine the national winner. The Northeastern regional in which Buffalo competed was held at Syracuse University Law School. Of the ten law schools on hand, Buffalo sent the most teams (3) and while none advanced to the national finals it was an important and relevant educational experience for all those who participated. BLSA has also sponsored activities thathave been purely social in nature. One example was a benefit basketball game with radio station WBLK. Intended as an organizational fund raiser, the game raised more laughs than dollars. Because the BLK team resorted to using a few "ringers" the ball game was something of a rout. Unfortunately, for the next few days theBLSA team also had to endure the ignominy of being lambasted over the radio airwaves by a 400-pound deejay whose only personal contributions to the victory were a couple of devastating pick-and-rolls plus 3rd best oralist . First-Year Meiselman Award - (for best work) Mary Ann Bobinski Moot Court Cardozo Entertainment and Communications Law Competition Alan Pleskow Best oralist Eric Turkewitz 4th best oralist ABA Appellate Advocacy Competition Art Scinta & Rob Sant Quarter Finals J. Braxton Craven Competition (Best Brief) Rich Gottlieb, Ed Markarian, Mark Mulholland the ability to totally engulf the middle of the lane. Also in a social vein have been the pot-luck dinners co-sponsored with LANALSA. The most recent affair boasted a gourmet spread of international cuisine that provided not only good eats but also an opportunity to involve families, spouses and "significant others" in the law school experience. BLSA hasalso co-sponsored or provided financial assistance to other worthwhile groups and activities. Among these were the South Africa Support Group and its recent film program on apartheid. Underlying such supportive efforts is a willingness to coalesce with other organizations who may have likeinterests and concerns. BLSA does not see itself as a one-issue organization or as acting in a political vacuum, but rather is eager to work with any group or individual around progressive issues or ideas. BLSA's final planned activity for thisacademicyear is a Recognition Luncheon to be held at the Kensington Place restaurant in Buffalo. This- is the second of what is hoped will be an annual event. The luncheon is held to honor and award this year's minority graduates of the Law School and will feature as keynote speaker a minority prominent in the legal profession. Finally, it should be notedthat the mantle of organizational leadership has been passed on. Our office is located in Room 506 O'Brian Hall. Course CivilProcedure Students Quincy Cotton Teacher MarcAlpert Olsen Spiegelman Matthew Fusco Karen Hassett Property/Natural Resources Ann Baker Meidinger Con/Torts Constitutional Law Mensch Freeman Property Chris Bieda Chris Bieda Chris Bieda Freeman Con/Torts Quincy Cotton Lindgren Property I Margaret Abate Kaplan Criminal Law Peter Abdella Ewing Torts/Conflict Resolution Conflict Resolution/Field Studies Con Law I Criminal Law Labor Law Master& Slave Seminar Clinic Clinic Sex-Based Discrimination ConsumerProtection Debtor-CreditorRelations Law & PublicEducation Sales& SecuredTransactions Taxi Mary Anne Bobinski Engel MaryMcManus Engel Walter Ramos Albert Charlotte Sibley Matthew Metz DaraSilberstein Terry Brown-Steiner liana Gruebel DianeRussell Kevin Ketchum Sarah Ayer Binder Atleson Binder Carpenter JohnKolaga Gerken Girth Girth Girth Newhouse MaryBreen Schlegel Ann Baker DelCotto MariaBrown Ed Peace Corporate Tax Cindy Algase Corporations I Mitchell Banas Douglas Edwards Joseph Coleman Susan Laluk-Schultz Paul Chiaravalloti Charlie Alexander Corporations II HealthCare Taxi ■ ■ April 24. 1985 Opinion DelCotto Schaeftler Schaeftler Albert Joyce 11 �Pudge's Corner: Cliff Barney's Health Spa— by Pudge Meyer A few months passed, and Chuck got fired for not cleaning the water-fountain. It had been about two weeks since Misty and I bumped into each other while food-shopping at Frankie's Farm Market. I usually get a little up-tight in the Market, and as I began talking to her, the back of my neck was feeling very damp. She was staring in my shopping cart. I figured that would blow my chance. I was wrong. "Wholly cow. Cliff. Look!" She pointed to my cart. I couldn't be- "" lieve it any more than she could. Boneless turkey breast, sliced turkey breast, brown rice, lentils, dietetic salt, three bottles ofclub soda, whole wheat honey-andraisin bran-bread, Planter's Cheese Balls and a small thing that's exactly of dental floss what I had! Well, not exactly I had a big thing of dental floss. No matter. From that moment on, we realized that we were made for each other. I gave her a quarter so she could call her husband and tell him that. I saw her the following day at the spa. She told me that her husband was very understanding. I figured she could set him straight She started walking back to one of the ofices. "Hey Misty how about that quarter you owe me?" I eventually established a love- — — . — hate relationship with the lifecycle. I was up to twenty minutes on level eight. Somebody said that means that on a sunny day, I could ride to the Amish country and back in thirty-five minutes. In fact, that's what I usually wished I was doing, rather tha.n have to talk with some of these zimheads. "Hey, yo, man, yeah." I looked to my left. This guy was wearing a funny red ban- dana. I grudgingly said hello. — "Yeah, man, the name's Ray as in Ray of Hope because that's what people need if they gonna deal with me. Hey, you know something? I never seen you nowhere how could that be?What are you, new in town?" I couldn't take much more of this. "No, I'm not new in town. Forgive me if I didn't check in with you when I moved here six years ago." "Hey, baby, don't get wise." We peddled in silence for a few minutes. I guess he didn't know how to handle me. He started over with some light conversation. "I can't wait to get my wheels back." I knew I had him intimidated, so I began taking — — liberties. "Oh are your roller skates in — the repair shop?" "What's this bit with the roller skates? I'm talking about my rig, my wheels, my baby." "Your baby?" "Yeah. She's the hottest fourwheel drive thing you ever seen. Fitted with those new Gandy — struts handles smooth as tequila. Yep I love that pick-up — more than life itself." I had heard Saga: Conclusion that expression before but never about a pick-up truck. This guy had to have mashed potatoes under that bandana. He kept right on talking. "Yes sirree I'm a Forrester. I ride that baby up and around backwoods trails as part of the efforts of the new preventive forest fire team. You see, puttin' out fires jest ain't good enough too much damage. We try to git 'em afore they start." "Soundslike a pretty dull job." "Oh, it is at times. But I got fourteen speakers hooked up playing the best Pat Benatar; we bring a couple ofcold burritos no, about eight of them and me an' my partner play trivia Hey, listen to the one he got me on yesterday: What was the name of the pet monkey on the show Lost In Space?" "That's easy Debbie." "Darn it I couldn't remember, and he wouldn't tell me. Yep Debbie. It must've took them quite a while to find a monkey with pointed ears How about this one: What .star of Bonanza also played on a segment of the Three Stooges?" He had me there. When I was young I wasn't allowed to watch any silly shows. In fact, I didn't see my first episode of Bonanza until I was twenty. "You give up? It was Hoss Dan Blocker. He played a mad scientist. Boy, was that funny. — — .. .. —— — — — — Yekyek-yek." That was all. I left him like a helium balloon in a three yearold's hands. It's a good thing that someone finds jobs for these guys far away from real people. I walked over to the sit-up boards. I had just sat down when Ray came charging over and yelled, "Get up, you fool I'm — doing sit-ups now." I laughed, thinking he was kidding. He wasn't. He punched me square in the head. Out of instinct, I told the referee I was okay. I thought I saw another punch coming toward me. It never landed. I eventually realized that Dorianne, who was doing behind-the-neck presses with 180, dropped the weight, came running over and got him in a bear-hug. He couldn't break it. Things calmed down, and he left. "Thanks, Dorianne. And he thanks you, too because I was about to lose my temper. Did you find that piece of pipe he hit me — with?" She "Buzz off, laughed. squirt." Misty had come out after hearing the commotion. Then she caused some of her own. "Yeah, Cliff I'm glad you are all right I just got off the phone with Bill "Big Bill" Harris. He's the majority shareholder of Scandinavian Health, Inc. Says he wants me to spearhead the new ... — facility." — "That's great where is it?" "At the St. James Club, on Antigua." "But —" My heart fell to my shoes. "But that's over an hour away I've never been over an hour away ... I can't, I — just can't go with you." "Cliff, you poor boy. You mis- undertand me. Of course you can't come with me. We both know that could never work. This is good-bye." She walked out. I was devastated. I did what I always do got in my car and headed straight for Frankie's Farm Market. My eyes were so watery that I did some fake sneezes so people would think I had an allergy. "Bless you." I turned around to say thanks. It was Misty. "But what but what are you doing here?" I stammered. "Same as you I had to rush over and get some cheese balls. I exAnd I got something else changed my round-trip ticket for two one-way fares. Come on, we have to hurry!" I knew my little scene back at the spa would work. In fact, the whole scheme was over. I thanked all the participants, including Bill "Big Bill" Harris, who is, of course, my uncle. Misty and I have been living at the St. James Club for two years now. Whenever it gets dull I listen to some good Pat Benatar I can't stand-bad Pat Benatar and eat some cold Burritos. You ever hear of Alvarez, Alvarez, Newman and Alvarez? I figure they'll open up an office down here one of tJiese years. They'll need me, because I speak the local jive. Yes, I'd say things worked out exactly according to — — — — — — plan. Warm People Compensate for Buff's Low Temps by Alan Stewart Warning: Those (few) readers who derive comic relief from my articles should turn the page and look elsewhere. What follows is not written for laughs. The Opinion has done it, the SBA has done it, and various students from differing backgrounds have done it. There's no keeping track of the number of individuals and groups who have aired their positive and negative thoughts regarding the Law School in the nearly three years that I've been here. Well, it's my turn now. I've received more Q's than otherwise, and have faced my share of unfair exams and unfair professors in the past few years. Is it a wonder that with all this, and the arctic weather to boot, I'll miss this school when I leave? Not really. With all of the moaning and whining about the grading system, one might think that a costbenefit analysis would favor a change from Q's and H's to B's and As. So why do I sit here satisfied with my Q's and H's? Simply put, becasue the trade-off was worth it for me. Call it a "false" atmosphere of decreased pressure, call it the wholesale herding of students "Q Stuinto one category dent," and criticize it as you wish. So long as you recognize the possibility of a more comfortable academic experience with the present system, you can fire — 1984-85 Year in Review continued from />«#<' 7 circulation system in the Law Library; the organization and production of the annualLaw Revue; opportunities for students to meet and talk with prospective faculty; the declaration of SBA vice presidential candidacies by Todd Bullarri, Lori Cohen and Andy H. Viets; and the dates for commencement activities. Missing in The Opinion were the meandering column whose -» author was too embroiled in elections, and the continuing saga of a Carson County D.A. internship which had come to a close and was replaced by Cliff Barney's adventurous enrollment in a " health spa. The end of February brought about more news, some on new and some on old topics; the dean Opinion 12 selection committee was no closer to selecting a replacement for Headrick; two more pipes burst in the Library, creating Amherst's own Niagara Falls; teachers failed to hand in course grades before the deadline set by their own Senate; Cohen was away. dispute that it can be difficult explaining the Buffalo grading system to potential employers. All that I'm saying is that some students gladly accept such difficulty in exchange for I don't the type of academic life this school has provided over the years. Count me among those students. My major complaint about the Law School is that it is located in the frostbite capital of theworld. That's reason enough to stay away from a school as far as I'm concerned. So why don'tI regret spending three winters in bonechilling weather? Is it the Law Library, the Law School, the education I've had at my fingertips? No one would pretend to think award in the Craven constitutional law moot court competition, while Stephen Schop was third-best oralist in the Mugel tax moot court competition. Results from referendums found U/B law students supportive of a mandatory student activity fee, a one-dollar increase in the fee, and the continuance of the present grading system. In a elected to the position of SBA less supportive move, several vice president; and Viets was students denounced the univerback at his meanderings. Some of the more national to- sity bookstore and proposed a pics covered included an inside non-profit bookstore to be run of law school. Other stulook at the situation in Nicaragua out the dent disapproval centered on the by two U/B Law students, and functionability of availability in proposed cuts finanReagan's change machines and the propcial aid, and an ALI-ABA sponosal to convert the fourth floor study course of ofenvironsored student lounge into secretarial mental regulations. offices. with acMarch was bustling Again, there were announcetivities. U/B law students Rich Brooklyn ments: D.A. Liz Gottlieb, Mark Mulholland and Holtzman agreed to speak at Ed Markarian received best brief commencement and SBA-char- April 24, 1985 that I ask such a question seriously. Granted, I feel quite fortunate to have been able to use the Law Library, and to have been a student at this school the past few years. However, the only thing making the cold winters bearable has been the people here. If you haven't thought of your law student friends as a small part of the community of Buffalo law students, and proceeded therefrom, such an outlook might be worthwhile. It can (and has served to) make a cold winter that much warmer. As long as I'm on the subject of people, I feel compelled to include this last note before leaving the pages of The Opinion (and eventually the halls of this school). It is always regrettable tered clubs National Lawyers Guild and Gay Law Students Or- ganization outlinedtheir goals an purposes. More talk centered on environmental mediation, and how to find jobs in public interest law and Florida. Finally, in our previous issue, an article investigated the rumors of circulating lists offirstyear students' names and grades. Another article on grades was comprised on a survey ofthe grades given by each teacher, an evaluation of the grades, and a proposal for reform. More lectures and conferences were held at U/B. Harvard Professor William Kristol presented his views on the future of civil rights under a Reagan Court, while U/B Professor Jacob Hyman offered a balance viewpoint in this Federalist Society sponsored event. Other events included a Baldy Center sponsored conference on to studentswhen a fine professor has to take time off from his teaching to pursue other endeavors. In the case of Buffalo Law School, Professor Kenneth Joyce will spend next year as a member of the Law Revision Commission, benefiting the people of the State rather than the students of this school. Although the student body's loss will be New York State's gain, the absence of Professor Joyce will be felt. Buffalo Law School will eagerly await the return of Kenneth Joyce, whose intelligence, teaching style and personality render him a unique and necssary part of this institution. He's just another positive force that comes to mind when thinking of this Law School. economic development, career panels sponsored by CDO and the Alumni Office, and more informal box luncheons by the Jacekle Center. Finally, we have this issue, the last issue of the spring semester and the 1984-85 academic year. You can look for yourself, make comparisons, and see the advances, if any, that have been made since the beginning of the school term. You can be the judge of whether this year is to be marked as one of acclamation, disrepute or insignificance. In closing, The Opinion wishes to extend its deepest sympathies to Al Stewart for being unable to take a printable picture of his fuzzy, furry monster feet slippers to go along with his articles. Al felt slighted and thought that students should have something else to remember besides Viets' backpack. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-04-24 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/24/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2bfd8ac261b36607161f997a89eea019.pdf acff15131612e90c690463548d18b0ad PDF Text Text OTHE NION V01.69 No. 69 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF FLAW IMPSECAHLGDF ! ! Allie Katz ConfirmA ed s Chief Justice O'Neill/Joycey Sworn In As U.S. President by Robert Remedial In a not-so-surprising move yesterday, the United States House of Representatives impeached President John Henry Schlegelface. The United States Senate immediately convicted, him. Both votes were unanimous. Speaker of the House, Thomas "Tipster" O'Neill, who a not-particularly well-informed-source has told us is really U/B Tax Professor Ken "Deadline" Joycey, was then sworn in as President by the newly nominated and con- ever, the "Schlindgreen" Administration has been marred by one by Bea Plaintiff disaster after another. First the Inaugural was snowed out (though Schlegelface, by then well-accustomed to Buffahole-type winters, had been more than willing to go through with it, outdoor parade and all. Then came Vice-President Lindgreen's timely death when she was shot at Schlegelface's State of-the-Union address by O'Neill/ Joycey (who was reported to have said at the time, "It was her own fault I made it clear to her that if she told me to 'make the argument' one moretime I would — firmed Chief Justiceofthe United States Supreme Court, Allie Katz. It was only the second time in kill her.") history that the House has taken The impeachment and convicsuch a drastic action and thefirst tion were apparently the result time ever that the Senate had of several clashes between completed the constitutional Schlegelface and the legislative lynching process by voting to branch of the government. The throw the former U/B Law Asformer President steadfastly resociate Dean out of office. fused to submit any legislation Yesterday's activities comto the Congress concerning the pleted what has been a roller budget, other than a half-baked coaster of events since Election plan to reduce the deficit by inDay last year. As reported in the stalling parking meters in every last edition of The Onion, parking space in the nation. His Schlegelface and his sidekick campaign promise to inflict the Janet Planet Lindgreen were "Buffahole Model" on the counelected in a landslide last try came to nought when it was November in the most humongrealized that the "Model" was ous political upset in the history not a model of anything but inof the universe. Since then, howstead was the code phrase O'Neill/Jocey taking the oath of office. Schegelface and his cronies have been using for the scam they had been pulling on the law school for several years now. In addition, his only foreign policy action to date had been to serve as a pallbearer at Konstantin Chernenko's funeral in Moscow. The final straw, however, was Schlegelface's attempt to turn the Capitol Building's smokers' lounge into secretarial -of- fices. The House and Senate soon thereafter began the impeachment and conviction process. With Lindgreen out of the way and no one being exactly sure what a President Pro-Tern was, the path was clear for O'Neill/ Joycey to assume the Presidency. In a less than-exclusive interview with The Onion, the new President had the following to say: "Gee, what a month this has been. First, St. Paddy's Day fell on a weekend, and now I've been sworn in as President. I'm in heaven." Finally, O'Neill/Joycey had this comment on what he was going •to do about the economy. "Well, I'm not going to slash student financial aid myself. Instead, I'm going to direct all of the professors in the country to not turn their grades in on time. Then financial aid offices will cut students' aid off for not having enough credits. Pretty good idea, huh? It's been working in Buffahole for years now." — past, but permanently. Recently, a U/B law student who was looking for job leads discovered plans in a Capen garbage pail which revealed that O'Brian Hall would cost more to repair than to bulldoze. When The Onion confronted Dodo and Wager with the information, they admitted that U/B Law School would be demolished. They explained that by demolishing O'Brian Hall, it would save the university a whole bunch of money because now it wouldn't have to fix the leaks in the roof or any of the problems in the library. In addition, the construction of the new management and social science buildings must have caused the ground around O'Brian to settle. This caused extensive strain on the brick structure causing it to crack. The settling also has made the building lopsided and this is what has been causing all the pipes to burst. Thus, the defect in theLaw School was deeper than they had ever imagined it. (No kidding.) Third-year law student Bea Plaintiff said, "Maybe if Dodo The crack that started it all. and Wager didn't spend so much time inside their offices making decisions from a distance, they would know more about the Law School. Apparently, they did not realize that the lopsidedness of the law school is what gave it the characterization of the Buffalo Model. Look at the teachers, look at the student body, how much more lopsided can you get?" "As for the crack, look at the teachers, look at the student body. They're all cracked. It's part of theBuffalo Model,"added firstyear student Robert Remedial. "It's about time somebody set the record straight. And besides, I am sick and tired of all the bad publicity I get just because I can't get past my Research and Writing course." When U/B Law School Dean Tommy Hattrick was questioned about his knowledge of the plans to level O'Brian, he pleaded innocent. It was explained that no one was accusing him, justasking him whether he knew of the plans beforehand or whether anything could be done. Hattrick replied, "I am just a tenant here serving out my leasehold estate. They're the landlords and what they say goes. What do you think I am, some expert in property or some- Before being booted out of Washington, farmer President Schlegelface managed to have several appointees confirmed for federal positions. The day before his impeachment and conviction, theentire United States Supreme Court was discovered missing, therefore creating nine openings for him to fill. The top post unsurprisingly went to his old Buffahole buddy, Allie Katz, who immediately established Wednesday as "Porno Movie Day" at the Supreme Court Building. When asked about this, Katz responded, "I'm going to prove once and for all that I know pornography when I see it." Seven of the eight associate justice positions went to Betty Menschevik, Al Freeperson, Janet Planet Lindgreen (even though she's dead not that it — would make any difference). Lady Di Avery, Guyora Werewolf Blinder, Wade Hearing Oldhouse, and Tommy Hattrick. The final opening went to Schlegel- face himself. In commenting on this, the former President said, "Well, I need a job now too. Since Hattrick won't be Dean anymore, I can't go back to Buffahole and O 'Brian Hall Bulldozed and Demolished by Ima "Sick" Larry On March 13,1985,in a regretfully painful decision. Vice President for Finance and Management Eddie Dodo and Vice President for University Services Bobby Wager publicly announced that the Buffalo Law School not bullwould be bulldozed dozed again as it has been in the March 27, 1985 thing? Anyway, you're looking for an expert in Master and Slave that more concisely sums up — the picture between the university and the law school. Or maybe you should ask an expert — on Animals and the Law after all, we are treated like animals in law." When asked what his plans were for the future, Dean Hattrick replied, "What do I care? No, I don't have toworry about finding a replacement for my job. Hey, you know, once this area is leveled off, it will make a great skating rink in the winter." Dodo and Wager seemed hesitant in disclosing what the actual plans were for the law school. Dodo said he would have to come over to assess the situa- work my scam anymore. And Katz is the greatest anyway sleazeball to ever walk the face of the earth. I would follow him — anywhere." In one final move, Schlegelface named his protege, George Terriaki-sauce, to be the next United States Ambassador to Nicaragua. In fact, the formerPresident's last official act in office was to issue George an AK-47 and a one-way ticket to Managua. tion, and that may take months with all the red tape. "I hear that the lease for 110 Eagle Street building is due to expire any year now," exclaimed Wager. "I bet you can rent it out dirt cheap. Or how about Shea's? Maybe the law school can take over Shea's. Yeah, every time you have class you can sell tickets — just like a show. I bet the public would love to see a comedy." O'Brian Hall being demolished. �Vol. 68 No. 69 IndianChief: Mangy Editor: NooseEditor: Features Editor: Business Manager: March 27, 1985 Rob Kosher Vickie Sickie Dandy Randy A.H. Meanderings John Lilliputian Staff: Bea Plaintiff, Robert Remedial, Paul Killrnan. Pudge "4" Mayor, Robert Leers, Cliff Fall, Jeff Stoned, Pater Scribbles. "Copyright 1985'The Onion, SBA. Anyrepublication ofmaterials herein is gratiously appreciated by these "so-called" Editors. T7w Onion is published when the humours in the body are in sync, or whenever we think a laugh is appropriate. It isthe student trash of the State Penitentiary of New York at Buffalo Institute for the Unethical Lawyers. The views expressed in this waste product symbolize what the Editors feel is often felt but not stated enough times. The Onion is a non-profit organization, not by choice, but because we cannot handle our money. Any contributions therefore are greatly appreciated. Please make Checks or Money Orders outto CASH. Greenbacks are always accepted. Composition & Design: Words & Graphetti, Inc. SBA Slashes The Opinion; Charters New Clubs The Student Bore Association was recently given an unequivocal, but unethical, confirmation of its clubchartering policies by The Onion Editorial Board. Chief Rob Kosher cited several reasons for the Board's show of support — primarily, that The Opinion has been disbanded and The Onion will receive a budget estimated at $20,000 plus to publish two issues per semester next year as the official Law School Newspaper. SBA President Richard Gottlieber assuaged the hard feelings mustered by the California Law Students Delegation by stating that The Opinion's Editor-in-Chief Bob Cozzie and Features Editor and meandering columnist Andy H. Viets will be publishing the Buffalo Law Review every two weeks the next three semesters in order to catch upon their current backlog. In addition to the insightful editorial backbiting and perceptive wrist-slapping, Viets will begin a new series, co-authored by Former President and Assistant Dean John Henry Schlegelface entitled "Legal Meanderings." While no details have yet been released, it is rumored that these articles will describe the as yet unidentified but prevalent method of teaching within the Law School Karl Llewellyn and the bureaucratic method of socialism. Otherfeatures will include: more reviews by Allie Katz; animal farming by Al Freezeman and Bettina Munchkin; and a dissertation on unemployment discrimination by Beth Ginshu and Judy Tolling. Among the various clubs chartered last Wednesday by the SBA during its private semi-annual meeting at the Eastwood Country Club were: the Labored Relations Board or, as it is better known, pregnant law students for the La Maze method; the Fascist Society, an outspoken, hard-core, right-wing organization established by The Opinion's News Editor, Randy Donatelli, which advocates the government; the Environmental Destruction Society, supporting the move of the U/B Law School from the Spine to Three-Mile Island and the distribution of low-level radiation waste to first-year students taking Con/Torts; the Smut Court Board with Supreme Court Chief Justice Allie Katz as its faculty advisor; and the Nicaraguan Holiday Health and Fitness Travel Club headed by Frankie Reveille and George Terriyakisauce. The last group not only features the Oscar-winning slide shows of the founders' trip to Nicaragua, but also sponsors all-expensepaid tours to Managua with a former KGB agent who claims the country reminds him of "the Siberia of my youth." Congratulations to these clubs and all the newly chartered clubs who now qualify for automatic funding of $2500 under SBA By-Law 69 (or 96, depending upon how you go at it), which money is to be distributed from the checking account of the now-defunct Opinion. SBA News Releases designated "The Westwoody Doctrine." From now on, no law fund-raiser for the 1985 Comstudent is to go to any restaurant, mencement Haircut Fund. This movie theater, or store which charges any amount of money for year's recipients will by Guyora Wearwolf Blinder and Allie Katz. goods or services. SBA Director"We figure that if each student esses Beth Ginshuberg and Judy Tolling were quoted as saying in contributes one penny for professor," says SBA President unison, "Such evil capitalist inRichard "Tricky Dick" Gottlieber, stitutions practice economic dis"we'll be able to send the two of crimination and as law students them over to Fantastic Sam's we should all be in agreement to with the coupons that were in oppose that sort of thing." The Generation magazine last 3. Defeated SBA Vice-Presiweek so that each of them can dential candidate Andy H. Viets get a shampoo, cut and blow dry has recently signed a contract forthe first time in a long time." with Pepsi Cola to do a television 2. In a seven to six vote, the commercial for that soft drink SBA has enacted what has been company. Says Andy: "If Ferraro 1. The Student Barf Associa(SBA) has voted to hold a tion complaints. 2 The Onion March 27,1985 along with the newly released blockbuster Schlegelface! Part II at theaters throughout Central America. Law School twins, Beth Ginshuberg and Judy Tolling, are this year's SBA Awards recipients. Ginshuberg,at left, was named SBA Directoress of the Year. At right is Tolling being given the Masterand Slavetrophy. Award Not pictured Presenter Guyora Werewolf Blinder. — The Lew School Unemployment Office's Dynamic Duo listening to studenf can make half a million dollars by losing in a landslide, so can I." 4. In an unprecedented sweep, "The George Terriakisauce Nicaragua Slide Show" was awarded every Oscar presented this year by the Academy of Motion Picture Arts and Sciences. During each of his acceptance speeches, George led the audience in the chant: "Long live the Sandinistas! Death to the contras!" The slide show will be featured over the coming months — Administration Acts on Privacy The third policy in the new re- low classmates. anti-privacy form will make all financial aid These new The SUNY-Buffalo Administrarecords and 1040tax formsavail- policies by the SUNY-Buffalo adtion, in the continuation of its libablefor inspection. With this pol- ministration are most certainly a eral policy regarding studentrecicy, you will be able to find out step in the right direction. Chief ords, has announced several who the wealthiest person is.in law school janitor, Notgonna new policies to become effective the class, as well as the poorest. Labor, was asked about his opinas of April 1, 1985. Law school dating will be im- ion of the latest policy reforms in The first sweeping reform is a proved because you will be able student privacy. His reply was, change in the posting of semesto find out who has thebig bucks. "Sorry, but that's not my departter grades. Instead of posting stuOne high ranking SUNY official ment." When asked about the dent grades in alphabetical order has even announced plans to horrendous conditions on the 7th by social security number, copy all of the personal records floor (water leaks, mold, mildew, grades will be listed in alphabetof students and compile them V.D., etc.) he replied, "Sorry, but ical order with the student's into one big packet at a reasonthat's not my department." name and class picture adjacent able price of $10.00. This will When asked why none of the to to the grade. This will help allow you to carry this vital infor- classrooms in the law school further the goal of SUNY rules mation to class, the library, and have ever been vacuumed, he reand regulations, section 69, home, so that instant research plied, "Sorry, but that's not my which states: "Every effort will can be accomplished on your feldepartment." be made to inflict emotional distress upon the student." by Vie Hedges The second policy in the law great a school reform is definitely step forward.The administration Born to relax, has approved a new rule with rethat's what I gotta do, gards to student admission and Born to relax academic records. The personal files of all students will be availgonna forget about you. able for public inspection from 9 I'm eating Cheeto's a.m. through 4 p.m. every weekand watching television day. The public will be able to look at each and every file, just gonna read a book out of curiosity. about Nuclear Fission. The "Freedom of File Act" will Well I wrote so much be especially helpful when lookmy hand got tird ing for a date. Students will be Boss says "No sweat" the prospective able to research date's personal background. This cause I been fired. will help eliminate hours of conGonna get a drink versation, because you will know forget my trouble practically everything about your Gotta get a drink date. Smalltalk will be eliminated so that the course of events will make it a double. lead directly to sex. Igot Noprivacy - Born to Relax �Health Spa Serialization Attacked in Court by Sharon Blanding The third day of testimony ended yesterday in the highly publicized lawsuit involving Playbuns Magazine, The Opinion, and Mac Serotte. Some weeks ago Playbuns ran an article on Mac "You want what I got" Serotte, for which he was paid rather handsomely.The article was the first of ten scheduled to appear regularly. But all this came to a screeching halt when The Opinion published a supposedly fictional account of the goings-on at a health spa that seemed hauntingly familiar to Serotte. The Opinion t;an't understand the fuss. I spoke with their lawyer, Shelley Kimmons, of the firm Drayton, Drayton, O'Bannon and Drayton. "That Serotte has got some crust. The Opinion has run three articles, each one longer than the first Playbuns feature. How could we have stolen Playbuns is planning to copy their story. Serotte and Playbuns have refused to hand over the substance of the remaining nine articles. They contended that since The Opinion already has them, they should turn the text over. The Opinion countered that parallels his interviews with their series is written on a weekly Playbuns, with whom he had basis and that the next segment signed an exclusive contract. isn't even ready yet. "Look Cliff is portrayed as a Ira Salinger, a noted constituguy who is big with the ladies, tional law expert, pointed out right? Just listen to some of this: that Serotte has already won a 'She must've been watching me major battle. The Opinion has the whole night'; 'She was dying been enjoined from releasing to see what I looked like without any photographs connectedwith a shirt on.' Those are from vol- their story. Serotte doesn't really ume 25. His descriptions of care if they are free to continue people, his stumbling on to the written portions; he just something big in politics—these doesn't want any of those picare almost word for word from tures to get out. Serotte claims the Playbuns articles that have that unlike the interview portions, the photos are private not been printed. property; they were never meant On cross-examination, Kimmons tried to leave the jury to be for public distribution. The Opinion feels that with the impression that the shoe is on the other foot; that Serotte's claim is entirely frivol- the story? Besides, who would possibly be interested in a story based on his life? Why doesn't he get off his high horse?" A quite different impression was disclosed yesterday as Serotte took the stand. He says that the character of Cliff Barney ous. Kimmons: "This guy must planned to print any more about have some imagination. So the thinks he's a hit at the spa; big deal. There's a million guys in a million spas just like him. The truth of the matter is, his life is probably so dull, that he vicariously became Cliff Barney. I seriously doubt that Playbuns had Serotte—salesof thatfirst article were awful. Our story is selling like crazy how can that be if we got it from them?" Kimmons declined to discuss anything about photos, saying, "Ours is a family magazine any- — way." — Who is this man and why is he smiling? his againat this Dean Hattrick scoring at last year's commencement. Hattrick has announced that he intends to get year's ceremonies. Law School Administration members Allen Carrot and Audrey Kosack presenting the first child to be born by the Buffahole Model Process, a new test tube baby procedure. Dean Hattrick demonstratingexactly how the Buffahole Model works to prospective students. Law Students, Guns and Beer Send law students, guns and beer, The snow's too high we gotta get outa here There's a fat lady walking across the floor, I need more ammo gimme more. They're not open between 12:00 and 2:00, I need a transcript now, what do I do. Send law students, guns and beer I'll look in the rear view, You grab the wheel and steer. by Vie Hedges Billy Groanerresponding to pleas of help from the Law School as he accepts Univesity Compost cosition. March 27.1985 The Onion 3 �. .. Sports Talk and Other Notes of Nonsense . falo at the Aud on March 29 of by Maurice Davis Today in class we kept talk- .. . ing about the Free Exercise Clause. That's the kind of em- ployment contract I hope to get; one that provides for free exercise Some early rounds of the Moot Heavyweight Competition have been completed. In the fourth round, Michael Dokes, who was one of last year's Moot Champions, got by Tex Cobb, Gerrie Coetzee, another former Moot Champ, lost in the middle rounds to Greg Page. Tony Tubbs, who has never been defeated in some smaller competitions, will face Greg Page in the finals, which will be held in Buf- this year. I refer to this as the Moot Heavyweight Competition in re- . verence to one Larry Holmes, who in anyone's book is in a class by himself. (Not to be confused with a certain professor who, in his seminar, seems to be in a "class" by himself .). Holmes recently dangled the Real Heavyweight Title Competition Belt in front of some guy name Bey, who last year made short work of the same Greg Page who is the current Moot Champion. Bey made a three-minute statement in the first round, which went something like this: "I may look out of shape, but if I'm gonna go down, I might as well go down swinging." The crowd was impressed, but Holmes wasn't particularly concerned. He had seen guys like this before. He knew that even though this was the finals, it would consist of many rounds. Bey let his wild right hand do some talking, which made Holmes sit up and take notice. It was time for Holmes' opening statement. He began by presenting a series of jabs. These were very persuasive in the eyes of most; extremely persuasive to the face of Bey. Bey tried to stay close, but Holmes argued a few uppercuts that really drove home the point he was trying to make. The Chief Judge eventually decided that Bey could not continue. When Larry Holmes finally does retire, they should name a Year's Best Pictures Picked by Donna Ivory Once again it's time for me to pick this year's movie greats. We'll also review some of the new categories that have been designed to meet the current trends in the movie industry. Many people are calling for the best picture award to go to the story of the operatic misadventures of the police chief's wife as she tries to raise money for the Police Athletic League: Beverly Sills, Cop. Our hero is also up for best actress, but the odds are the award has against her never gone to anyone that heavy. Also up for best picture was Uncommon Velour, a tale of high intrigue down in the garment dis- — trict. Stars Tex Cobb as a G-man who goes undercover as a rabbi to crack a ring of trade secret thieves. Some of the new awards include Most Colorful Title. Here ac the nominees: Blue Lagoon, Purple Rain, The Woman In Red, The Return of the Black Stallion, Micki and Mauve, Lord Greystoke, Red Dawn, Purple Rose of Cairo. Best Movie About Two People: The nominees are: Harry and Tonto, Harry and Son, Harold and Melvin, Micki and Maude, Falcon and the Snowman. Best Street Movie: Nominees: A Streetcar Named Desire, The Streets of San Francisco, Nightmare on Elm Street, Hester Street, Give My Regards to Broad Street, Paradise Alley, The Road to Morocco, Thy Khyber Pass, Seventh Avenue, and Highway to Heaven. Special one-time awards went to the following: Milton Berle, Burl Ives, Yves St. Laurent, Yves Montand, Ingersoll Rand, Rand McNally, Dave McNally, Sally Field, Sydney Fields, Sid Caesar, Cyd Charisse, Delia Reese, Peewee Reese, Peewee Snowden, Lord Snowden, Dick Lord, Jack Lord, Jack Nicholas, Nick Nolte, Nicolette Larson, Greer Garson, Johnny Carson, Harry Carson, and Gerson Maya. competition after him At least it cuts down on travel ... On March 31 in Madison Square Garden an interesting case will be presented. Mr. T & Hulk Hogan v. Piper-Ornndorff, Inc. will be the feature case in what is being billed as "WrestleIf Mania." You be the judge you care to look in one of last spring's issues of The Opinion, you'll find that I predicted that Mr. T would opt for a career in .. . ... wrestling Elsewhere, the New York Cosmos were kicked out of the nation's popular soccer league this week. This has the rather uneasy consequence of leaving only two teams left in the league. expenses... Next case: The most exciting thing that happened to me on March 19 was that there were twelve hours of day and twelve hours of night. The net result was that I went to sleep in the light and, as always, I woke up in the . dark... Then there was all that talk about the coach of St. John's basketball team who wore the same sweater for ten games as a good luck charm. Well, I happen to know the luckiest guy around. In grade school gym class, Biv Stanton wore the same underwear for three years. Since you deserve the very best, let Words & Graphetti design your resume. Our staff is so perfessional we can make even the class nerd look like a future D.A. Whether you're getting through UB Law School on your brains, someone else's brains, or your prowess at hacky sack, we guarantee that when we are through with you, you will be able to land a prestigious job in the Tax Law Department at Bethlehem Steel's Lackawanna plant. Let Words & Graphetti add a degree of B.S. to your J.D. resume today! Call 555-1212 for resumes while you wait... and wait... and wait. Have We Got A Preposition For You! BUFFAHOLE MODEL PRODUCTIONS PRESENTS: A SEQUEL! ! ! SCHLEGELFACE! —PART II: THE BEGINNING AND THE END Follow the continuing tantalizing career of U/B Law's Associate Dean as he is seduced by power, the Vice-President and the Chief Justice of The United States Supreme Court. . 4 The Onion March 27,1985 Produced by Allie Katz Directed by Allie Katz Screenplay by Allie Katz Hairdos by Allie Katz SPECIAL ADDED ATTRACTION: THE GEORGE TERRIYAKISAUCE SLIDE SHOW �THE OPINION V01.25 No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 27,1985 Section 3 Grades No Longer Anonymous by Paul W. Kullman Rumors of a potential problem have so much curiosity," said Registrar Helen Crosby, who concerning the anonymity of the noted that this was the first time U/B Law School grade-posting in her nine years at U/B that a system became a reality on problem had ever arisen withthe Thursday, March 21, when a first- posting of grades by social secyear student publicly acknowurity numbers. "I can see gaugledged that he had determined ing the number of H's, Q's and the grades of two fellowSection D's in a particular class, butI can't 3 students by matching their see the value of knowing which names with their respective so- individuals got what grades." cial security numbers. Grades Crosby said the matter was are currently posted by social first brought to her attention on security numbers. Friday, March 15, by Vivian GarThe student, whose name has cia, assistant dean for admisbeen withheld pending contact sions and student affairs. Garcia by The Opinion, apologized bewas out oftown at press timeand fore the start of Professor Janet thus unavailable for comment. Lindgren's Con/Torts class for Crosby said that Garcia told what he called his natural "curiosity" of two fellow students. He saidhe did not possess a comprehensive listof students' names, social security numbers, and grades, as had been rumored. He also added that it was not his intention to violate anyone's privacy. "I think the administration wonders why any student would therehad been rumors that a certain student or students possessed a listof the names, social security numbers, and grades of other students. Crosby said it was after this discussion with Garcia that she decided to remove the grade reports from the third floor bulletin board adjacent to the Admissions and Records Office. The seriousness of the rumors became more readily apparent on Wednesday, March 20, when Professor Errol Meidinger announced prior to the start of his Natural Resources class that he would not post last semester's Property grades. He said it was brought to his attention that an "overzealous" student or students had access to the social security numbers (and thus the grades) of some of their fellow students. Crosby said she had been approached by a student "probably sometime in February" who complained that other students had been able to determine his grades. "But I thought it was just maybe one individual who had this problem. I thought he was the only one affected so we stopped posting his grades." Crosby said as far as she knew, grades have always been posted by social security numbers because it's the "most efficient way of notifying students." "Ordinarily, though, it is policy that the social security numbers the posting of grades. are mixed and not posted in alCrosby said that at the present phabetical order," she said. time she is unsure what, if any, Crosby said she was unaware actions would be taken with rethat some of the initial grade lists gard to the way grades will be from last semester had the social posted in the future. She is security numbers arranged in alequally uncertain as to what, if phabetical order. any, action will be taken against When asked why student iden- those students found to be abustification numbers weren't used ing the system. "We (Dean Garin place of social security numcia and I) haven't thought of any bers, Crosby said that while the answers yet, although we've former numbers seem to be talked about the situation two or more anonymous, they "don't three times," Crosby said. r~\ appear on the forms given to us "When you're working with an by the University Computing honor system, I think you have a Center." Crosby said only Finanright to expect students to be cial Aid uses these numbers. honest," she said. "Grades are Crosby said administrative posted for students' convenipersonnel in her office would ence. Right now, I think they're have to individually look up stu- abusing this privilege. It may be dent identification numbers just one student, but it reflects when they got the forms back on the entire class." from the computer center. She "This is not a matter we take said personnel would then have lightly," Crosby continued. "I to manually recopy the grades. think it's an invasion of privacy All this, according to Crosby, and it is unethical. We are conwould create "a horrendouscler- cerned about the problem and ical task" and could further delay we will deal with it." HarvardProf., Hyman Discuss Reagan Court by John K. Lapiana Campaigning under the ban"not letting Jerry Falwell get hold of the Supreme Court," Walter Mondale warned voters that re-electing Ronald Reagan would allow the Moral Majority to play an important role in the selection of new judges to the nation's highest court. That would, in turn, he said, open American jurisprudence to fundamental a reversion to sancchange tioned racial discrimination, court approved sexism, and severely limited civil and criminal rights. Democrats predicted (and still do) that Reagan would appoint reactionary conservatives to the bench when positions opened, ensuring that the civil liberties gained under the Warren Court, integration, abortion, search and seizure rights—would be quickly overturned or severely limited. ner of — However, claims Harvard proevent was sponsored by the UB fessor William Kristol, these conFederalists Society, a group of cerns just mirror the "hysteria" "conservative and libertarian" gripping American liberals over law students. the prospect that the Supreme The liberals' anguish can be Court may actually begin swingtraced to the ages of the current ing consistently to the right for Supreme Court justices. Except the first time since the New Deal. for William Rehnquist and "All this nervousness is reSandra Day O'Connor; the migiscent of when Nixon apbench's two most conservative pointed the Burger Court (in the members, all the justices are early 19705)," noted Kristol, a over 70, and, in many instances, self-described "Academic for not in the best of health. The Reagan." "Everybody was exCourt's liberal wing, Thurgood pecting a conservative backlash Marshall and William J. Brennan, and actually very little happened. have both vowed to outlive the Things aren't going to be that 74-year-old president, hoping his bad or different under a Reagan successor will appoint less "reaccourt, either." Kristol, a political scientist at Harvard's John F. Kennedy School of Government, was on campus last week speaking along with UB law professor Jacob Hyman on the future of by Jeff H. Stern civil rights under a Reagan appointed Supreme Court. The Public and private strategies to promote industrial development and halt economic decline were the topics of discussion at a March 8 Conference on Economic Development, held in O'Brian Hall Room 210. The day-long conference, sponsored by the Baldy Centerfor Law and Social Policy, featured talks by prominent legislators, economists and attorneys on various aspects of economic development. Following their talks, the speakers answered questions from an audience of about fifty, comprised of students and educators from the law school and School of Urban Planning as well as interested members of the com- — tion?" deadpanned Kristol, adding that the same argument that used to be used by liberals to fight racial discrimination is now employed by a "so-called conservative" court to strike down sex based restrictions. Even if the liberals' "worst nightmare" were to be realized have been far from the reactionary nightmares most partisan [in which the President appoints two or three "aggressive" conliberal envisioned. In a recent Minnesota case vervative jurists], Kristol predicted that the repercussions on against the JayCees, for example, the Supreme Court upheld a established civil liberties would be minor. "The obvious target state decision opening the formerly all-male ranks of the would be abortion," he preJayCees to women. "What ever dicted. "It is unlikely that Roe v. Wade (legalizing abortion) would happened to freedomofassociacontinued tm page X Economic Development Conference Ponders Industrial Strategy munity. .... UIB Law Professor Jacob Hyman deft) and Harvard Professor WHliam Krtslol (riglu) discus* implications ofReagan Supreme Court. than tionary" replacements Reagan would. There is panic among liberals that four more years of Reagan will signal the end of civil liberties in America," Kristol said this despite the fact that many recent Supreme Court decisions The conference was divided into a morning and afternoon seasion. The focus of the morning's agenda was private initia- fives aimed at preventing plant closings and saving jobs. The afternoon's discussions dealt with the role of all levels of government in formulating economic development policies to attract of closing to buy up the company's stock, thereby saving the company and their jobs. Peter Pitegoff, an attorney for the Industrial Cooperative As sociaton, explained that em- new industries to Buffalo and ployee buyouts are typically acOther "rust belt" cities those complished by means of an Emwhich, like Buffalo, are exployee Stock Option Plan (ESOP) a trust fund set up by the corperiencing manufacturing plant shutdowns and widespread unporation for the benefit of its employment. workers. By investing pension The morning session opened and loan monies into the ESOP, with a discussion of "employee the workers gradually buy up shares of the company's stock plant buyouts," novel legal arrangements which enable the until they own the company itemployees of a plant in danger continued on page H — — Inside the Opinion: The Onion!!! It'll make you laugh; it'll make you cry. �March 27, 1985 Volume 25 No. 12 Editor-in-Chief: Robbert M.Cozzie Managing Editor: Victor R. Siclari NewsEditor: Randy Donatelli Features Editor: Andy H. Viets Business Manager: John K. Lapiana Staff: Sarah Ayer, Tim Burvid, Victor J. D'Angelo, Cliff Falk, Paul W. Kullman, Pudge Meyer, Gina Peca, Jerry O'Connor, Lionel Rigler, Raul Rodriguez, Lisa M. Roy, Peter Scribner, Jeff H. Stern, Alan D. Stewart, Tony Torres. © Copyright 1985, The Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of theEditorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The following letters are dated March 12 and March 18, respectively. The former was a followup letter to the petition concerning the fourth floor student lounge. The latter is the Dean's available of an equal quality. response. Dear Rich: Dear Dean Headrick: As explained to you in my office on March 12,1 am looking at Sincerely, Richard E. Gottlieb President Student Bar Association I The Board of Directors of the Student Bar Association met yesterday, March 11, and raised the issue of the letter recently sent to you concerning the fourth floor student lounge. It has been brought to my atComposition and Design: Words and Graphics, Inc. tention that you have not formally responded to this letter. In consideration of the fact that the Editorial letter was signed by every major student organization at the law school, and in all due respect, I ask that you provide the SBA and the other organizations with a When the incidence of violent crimes on a college campus formal response. Such response takes a sharp upturn, questions are raised concerning how to should indicate the school's inprovide a safe environment for those who live there. Here at tentions for the fourth floor U/B, the Public Safety Department has launched a vigorous lounge, as well as what actions publicity campaign to convince the campus community and will be taken on behalf of the stuadministration that allowing its officers to carry firearms is dents in the event that the lounge will be renovated for use by the the best way to accomplish that end. The argument is not without merit. Professional criminals secretarial staff. Reiterating our earlier convercarrying deadly weapons from time to time pay our two camsation, I hope that the proposed puses unwelcome visits, and commit serious crimes against measure will not go into effect. students. The Opinion agrees that there must be a point at However, if such measure is which the president of a large university makes the decision deemed necessary, it is my and to arm the campus officers especially if those officers are the students' hopes that alterna- Don't Jump the Gun — tive smoking facilities will be made as fully trained and qualified as any you would encounter from a municipal police department. (We expressly withhold judgment as to whether this is so at U/B.) But given the highly controversial nature of the issue, the decision to have an armed campus police force should be Dear Editors: reached only as a last resort, when other crime prevention and deterrence measures have proven ineffective. A survey I am writing this letter by way of the situation reveals that much can be done to enhance of response to your editorial consafety on university property short of giving .officers guns. tained in the March 13 edition of The Opinion and Ms. Gibson's Lighting especially on the Main Street campus is woeletter also contained therein, fully inadequate. Shockingly, dormitories on both campuses concerning the Law Library are unlocked and unguarded. The proposed "blue light" change machine. emergency phone system has not been, and may never be, The problem is apparent. The installed. Town police are wholly unfamiliar with the Amherst issues are clearly drawn out and campus and no serious coordination exists between that de- need not be repeated here. The partment and Public Safety. Moreover, while the number of solutions offered, however, campuses has increased from one to two since 1970, the seem inadequate with regard to number of public safety officers has diminished from 50 to the ends desired. I beg leave to 36 during the same period. Currently, only two patrol cars submit an alternative solution. provide nightly vigilance over both campuses. When an arrest has to be made, one of those patrol cars must go downtown to central booking, leaving only one patrol car to cover both campuses. TO: Members of the Law We think that improvements in these areas would signifiStudent Division Execucantly reduce the number of crimes committed on U/B tive Committee grounds. Allowing public safety officers to wield .38 caliber FROM: Christine J. Kicinski, revolvers before taking these less drastic measures would be Chairperson, Nominatputting the crime prevention cart before its horse. ing Committee An argument advanced by Donald Kreger, public safety ofElections of LSD Officers will ficer and union representative, is that a university which fails take place at our next meeting, to arm its officers may be sued on negligence grounds by currently scheduled for April 19 victims of violentcrimes occurring on campus. While it is true in New York City. that a university must take "reasonable precautions" to proThe Nominating Committee will vide on-campus residents with adequate security, no court submit a slate of all Executive has come close to holding that to do so requires a university Committee members prior to the April meeting. Following are the to maintain an armed police force. procedures for this year's elecSignificantly, some courts have analogized the duty a unition: versity owes its dorm residents to that which a landlord owes 1. Nominations will be considhis tenants. Landlords do not have to provide their tenants ered for the following offices: with an armed security force, but they do have to provide Chairperson them with adequate lighting and locked entranceways, among Vice-Chairperson other things. If anything, the university's lack of attention to Secretary these methods of crime prevention is likely to be deemed a Treasurer failure to take "reasonable" security precautions. Similarly, a 2. Submit a resume and cover court will be more likely to find a university liable for failure to take "reasonable precautions" if there is a lack of manpower than if there is an absence of firepower. Further, evena university with a fully armed police force may not be immune from by Tom Jipping tort liability if other aspects of its crime prevention program What are the who good guns if carry are insufficient. officers A new law student organizathem are not available? tion has formed and received its The Opinion does not categorically reject the notion of an charterfrom the Student Bar Asarmed public safety department. But we do view the arming sociation on Monday, March 18. ofthe campus officers as a rather drastic measure at this point The Law Student Right to Life be the in implemented only force of a one that should Association is a group of pro-life persistent violent crime problem which can not be alleviated students dedicated to adding by more "reasonable" safety precautions. Let's take things theirperspectives, concerns, and one step at a time. Then, we'll see about guns. important information to the law various ways to accommodate some expected staff expansion and the projected expansion of our faculty, which has grown 20% during my deanship without any change in space allocation, and when I have the cost information needed to assess the realities of several options, I will . . . Fate of Student Lounge air any plans I am considering Any discussion prior to getting the necessary information is somewhat premature. Moreover given the speed at which any building changes occur in the University the Koren Center took four years to put in place after plans were drawn/ and the movement of classroom seats from 112 to 108 and 109 took three years student passion — — generated by some preliminary consultation with my staff seems somewhat overdone at this stage. It is an issue that will in all likelihood outlive my deanship. Yours sincerely, Thomas E. Headrick Famine Relief Fund Dear Members of the Student Bar Association: Thank you foryour very generous donation of $270.00 to the African Famine Relief Fund. As you know, this tragedy is one ofmonumental proportions. Nearly 150 million helpless men, women and children in 27 African countries are starving to death because of the severe and prolonged drought that has caused this century's worst famine. Your contribution, already forwarded, has been used to pro- vide food and medical supplies to victims of the famine, and has helped to lessen the challenge facing the International Red Cross workers in Africa. It is a tribute to the people of Western New York that so many of our neighbors have reached out to touch the lives of the victims of this disaster. So often we think that a single donation cannot make a difference; your gift has very possibly saved a life. Thank you. Sincerely, Sue S. Gardner Chapter Chairman American Red Cross Student Urges "95% Solution" — — Rather than giving $1 worth of nance/collection charged, to change fore every dollar in- fund additional service days, or serted, perhaps the machine to underwrite the purchase of an should be altered to return 950. additional machine. The change machine is essenThe immediate result of this alteration would be threefold. tially just another vending First, non-law library users will machine. Like the ones that sell seek alternative sources for us food, drink, and copies, the change. Secondly, law library change machine must directly or users will realize that the indirectly create sufficient revenues to cover the costs of machine is actually only a convenience and not the necessity operating it. This is how the exiswe've come to think of it as. Fi-' tence of machines is justified.Innally, the law library will gross a cluded in the benefits already nickel per dollar profit which may mentioned, this alteration would internalize profits which are prebe used to offset current maintesently being lost to the vending machine opposite the second floor Library entrance, which, in turn, might postpone the inevitletter as soon as possible to: able increase in the price of Ms. Christine J. Kicinski copies, implicitly recognized in 170 West End Avenue, #290 Ms. Gibson's letter. New York, NY 10023 I feel that Tf the problem is one In your letter indicate the pos- LSD to Hold Election ition you are interested in, your qualifications and any al- of excessive demand com- pounded by insufficient funds, tive Committee members, informing them of the choices of the Nominating Committee. 5. Officers will be elected at the this "95% solution" makes a good deal of sense. Of course, I realize that free market arguments are normally met with some resistance by the student body. Considering the benefits of this solution, along with the fact that there are other methods of obtaining change available, leads me to conclude that this alternative should at least be considered. Should you have any questions, please do not hesitate to contact me. Sincerely, Christopher Doyle First-year student ternative position you might be interested in. 3. Shortly afterMarch 23, copies of all resumes and letters will be sent to the other members ofthe Nominating Committee. 4. Prior to the April meeting a notice will be sent to all Execu- April meeting. SBA Charters Right to Life — 6 TheOpinion March27,1985 school community concerning some of the most significant legal, moral, political, religious, and social issues of our time the gorup of related matters subsumed under the label "the abortion issue." The group hopes to sponsor speakers, secure books for the law library, distribute literature, show films, and participate in — other activities that will inform others about the nature and implications of abortion, alternative solutions to problem pregnancies, and related matters. Anyone interested in learning more about or participating in the gorup can contact Donna Smith, Art Scinta, Bonnie Berger, Tom Jipping, Karen Urbano, or any other member. �CDO, Alumni Sponsor Panel on Real Estate by Victor R. Siclari On Wednesday, March 13, the time commitment. In addition, a buyer may want title insurance, a minimum of $250. This is usually done by a titleexaminer. Keenan said there are only about a dozen attorneys in the area that provide such a service. Some may charge less than $250, which is less than the cost of the attorney's time according to Keenan. However, what they lose out on price, they make up for by volume. Keenan said that there are not many openings for attorneys in the field of private real estate closings; most are done by general practitioners. Also, they are not highly regarded among the other lawyers. However, real estate in general has become more commercialized and thus more Career Development Office and the Alumni Office jointly sponsored a career panel on Real Estate Practice. The three-attorney panel was moderated by Bernie Friedman, a U/B alumni. The 'first speaker was William Keenan, a 1967 U/B graduate and senior partner in the firm of HeimerlStillerKeenan and Longo. His topic was title practice and private real estate closings. Keenan described basically four components in the sale of a residence. First, there is a listing contract between the broker and the seller. This contract binds the two parties, usually for an exclusive term of six months, in which the broker agrees to advertise the seller's house toprospective customers. complicated. Richard Day, of Saperston Day Lustig Gallick Kirschner & Gaglione, explained how much more complicated and commercialized real estate transactions have become; As Day explained, banks no longer keep mortgages; they sell them to a secondary market. Law firms put together large pool portfolios of mortgages which are sold to institutional buyers, such a pension plans with large sums of money to invest. This is a relatively new practice Once a prospective buyer is found, he signs a sale contract with the seller. This usually is a broad agreement for the sale of the real estate and all improvements(i.e., house) and amenities (utilities). It describes the location and financing arrangement, and sets a price and date for closing. The third step is a lending transaction, also known as a mortgage, between the buyer and lender. The lender will appraise the property's value and set up financing, which can be an FHA or Gl mortgage, both of which are insured, or a conventional mortgage, which is not insured. The conventional mortgage can be either fixed, in which there is a set interest rate, or variable, in which the interest rate slides according to certain indices (such as the prime lending rate) with caps of a maximum and minimum interest rate. The final stage is title examination where the seller prepares a that has evolved as a result of the escalating interest rates. Since most mortgages carry interest rates in the single digits, banks see them as losing investments. So they sell a pool of mortgages at a discount so they can realize a reasonable rate of return by reinvesting the pro- ceeds into higher yield investments. As general counsel for Goldome, his firm has been involved in such-transactions. When a law firm is not on retainer, it can command an hourly fee of $65-$ lOO for negotiation between the survey to determine if the title is marketable and has no defects. This is then turned over to the lender who uses it to determine if the mortgage is the first lien on the property and thus, is secured. The bank then requires a promissory note and mortgage on the property. The deal is closed when the buyer receives the deed and the seller his money. Keenan explained that the attorneys are the ones who make the money. There usually is a different attorney to represent the seller, buyer and lender in order to ensure that the interests of eachindividual are protected. He said, and the other attorneys on the panel agreed, that a fee of at least $550 is necessary for a closing because of the attorney's clientand broker or the client and the buyer. Another major real estate transaction which the firm has become involved in is Industrial Development . Agency (IDA) bonds. Under the Internal Revenue Code, a new section was instituted which allows a private party to benefit from the taxexempt status of an agency through a complicated and con- client pays rent to the ECIDA which corresponds to the length and amount of the bond. Since the IDA bond (loan from the bank) pays back interest at a lower, tax-free rate to the bank, the client also realizes this tax benefit by paying a smaller rent. Thus, the bank receives tax-free interest which it can pass directly to the client in a form of lower rent to cover the IDA bond repayment. Although ECIDA holds title to the property during this time, the client usually has the option of purchasing at the end of the lease term for a nominal rate of $1, which of course he exercises. Day says that since all the parties have the counsel of attorneys, the attorneys again benefit. Of course, that is if the client decides after a cost-benefit analysis that the money spent on the arrangement is greater than the money that would be spent on the higher rate of interest for a commercial loan. The third attorney to speak was V. Douglas Errico from Albrecht Maguire Heffern & Gregg. His topic focused on another relatively new aspect of real estate practice: condominium purchases and conversions. As a community association (condominium) attorney, Errico deals with condominiums, 'own houses and community developments. This requires one to be a good real estate attorney because you deal not only with the owners and sellers, but with other attorneys, banks and title examiners. Often other law firms come to his firm for advice be- cause of its expertise and specialization in this new field. Errico's responsibility often includes consideration of tax planning in a conversion to a condominium.The objective is to get capital gains treatment (which is a lower taxation rate) on a conversion, especially since the basis (original cost) in the property is usually either very low or has been depleted from past depreciation deductions. If the owner is characterized as a dealer, he is taxed at ordinary income rates instead of capital gains rates. Thus, the conversion is not done by the owner unless he is very careful. The next steps are finding financing, and negotiating and finalizing the deal. The firm usually also arranges end-loans, which are mortgages or loans for the buyers of the units. Since the Martin Act of the NewYork General Business Law includes condominiums under the definition of securities (unlike the federal securities laws), a prospectus or offering plan must be drafted by the attorney. The prospectus is a thich booklet which describesvarious physical and financial aspects of the condominium and usually takes about 80 hours for the attorney to draft. Once the prospectus is filed and accepted by the New York Attorney General, the condo units can be sold. However, if the conversion is private and the units are not offered for sale to the public, the owner may be exempted from filing a prospectus. Even after the units are sold, the attorney's job does not end. Errico represents the condo associations and deals with day-today mattes concerning condominium law. Since New York is not a community law state, Errico must constantly keep abreast of the case law in community law states such as California and Florida for authority. He must also enforce the restrictive convenants in the condo purchase agreements or else they are treated as waived. Some of the more menial, yet most emotional, issues concern the parking rights of owners, dog defecation and collection of monthly maintenance fees. Overall, Errico says condominium purchases and conversions recently has become an expanding field since Buffalo lags five to ten years behind everyone else. It is not piecemeal work, but a hugh project which can lead to a lot of creativity and complications. One of the bad points is dealing with the attorney general's office, located in the World Trade Center. Errico describes them as being in their ivory tower, protecting the public at the expense of the development of New York State. Sometimes they resort to unjust arm-twisting, forcing you to give into demands so you can get the acceptance letter which authorizes you to legally sell the condo units. However, for every hour they put in they are paid $100-$l2O. Based on an 80-100 hour project this can mean a payment of $7,000 to $30,000. Who's Been Eating in My Carrell? by Ellen M. Gibson, Director of the Law Library, Associate Dean for Legal Information Services The ban on eating and drinking in the Law Library will be enforced after Spring break. The reasons: conservation of the book collection, preservation of our furniture and remaining shreds of carpeting, and last but not least, elimination of sticky, lured in by our garbage, will start eating our books, making nests in our upholstered furniture and so forth. Once entrenched, these creatures are almost impossible to dislodge. Ask anyone at the Cornell Law Library about the silverfish that literally live on their session laws. We hope for the voluntary cooperation of the law students in this conservation effort. We on the library staff do not relish the police role. However, given the seriousness of the problem, we intend to enforce the ban. smelly garbage (See picture of display case). When George Cunha, a nationally known expert on conservation of library collections, visited our library recently, he was appalled eft the danger to our collection posed by lax enforcement of voluted series of transactions. Through a sale and leaseback arrangement, a bank loans money to an Erie County IDA the ban on food and drink. The (ECIDA) to buy and renovate dangers are of the living variety: property in the community. silverfish, bookworms, cocECIDA then leases the property kroaches, carpet beetles, rats end to a private party (client). The mice. These creatures, once Trend Among Lawyers: Limit Hours Worked by Audrey Koscieiniak Part-time employment on a temporary basis by women attorneys following the birth of a child, is the most acceptable among legal employers. However, most firms do not have a set policy for maternity (let alone paternity) leave. Individual arrangements are made on an ad hoc basis. If you want anything other than Law practice often involves a substantial number of work hours per week. For some law graduates, it is a commitment they are unwilling or unable to make. Family obligations, lifestyle preference, and personal values are some of the reasons full-time, permanent employattorneys are looking for positions which allow them time for ment, you will need to gather the "life beyond the firm" they your lawlerly skills of persuasion and break new ground. deem important. Thero are three types of arLaw graduate interest in parttime employment is a response rangements which can be made. to this situation. Carol Kanarek, Each puts a cap on the hours an of the firm of Kanarek & Shaw, individual needs to work. Each has advantages and disadvanLegal Search Consultants, addressed this trend at the recent tages. The best option to choose Northeast Regional meeting of depends on the individual cirthe NationalAssociation for Law cumstances. Permanent Part-Time is the Placement. first option. It allows for predict- able hours and a set paycheck. These positions are hard to come by. To improve your chances of obtaining this kind of an arrangement, Ms. Kanarek suggested the following: 1. Establish yourself as a fulltime lawyer first. Employers are most likely to respond positively to your request for a lim- ited-hours arrangement once you have established yourself as a hard-working, reputable at- torney. 2. Be prepared to sell yourself to the employer. The steps here are: a. Stay on top of what is "hot" in the-profession. That is, specialize in fields of law in which lawyers are in demand (e.g., ERISA, "blue sky" laws); b. Review everything you have done in a legal career so you know what you have to offer an employer. Don't be shy about your accomplishments; c. Analyze specific needs of specific employers. Be the an swerto an employer's prayers. 3. Emphasize what you can do for the employer, not what the employer can do for you. If you have done Step #2 above, this is less of a problem. 4. Anticipate the employer's concerns. The most common are: a. Your availability for clients; b. Your availability for rush projects; c. Office space and overhead expenses; d. How you would be paid (e.g., salary, hourly, per project); c. Benefits. Have answers which assure an employer that these "obstacles" are surmountable. Even better, take this opportunity to bring out some of the advantages of having someone employed on this more limited basis. 5. An employer with a position which is difficult to fill may consider getting a part-time person. Being an Independent Contractor is a second career option which may give you the working hours you want. The largest number of part-timers fall in this category. Work is done on a per continued on page 10 March 27,1985 The Opinion 7 �Legal Commentary Enlightened Crowd Irked by Kristol by Randy Donafill would appoint Justices to the Supreme Court if Reagan were reelected. Kristol then speculated on what the Supreme Court might do if Reagan had the opportunity to appoint several justices. A partial rollback of Roe v. Wade could be expected. But even the reversal of that decision, as Kristol noted, would return us to the The message of Professor William Kristol's opening statement delivered at the March 14th forum on the Supreme Court and the future of civil rights litigation was, no doubt, foreign to this law school. In fact, most of the 70 or so spectators whoattended this event were downright bothered over what Kristol, a professor from the John F. Kenstatus quo of 1973, i.e., the states nedy School of Government, through their legislatures would Harvard University, had to say decide the issue. Kristol stated about such issues as affirmative that few if any significant civil action and busing. Kristol's ap- rights precedents would be overpeal for reinvigorated constituturned. tional self-government through Why are people so upset over judicial restraint was a bit much the prospects of a "conservafor most of the spectators to tive" Supreme Court? Kristol hypothesized that the symbolic stomach. Kristol's opening was followed effect of a non-activist Supreme by remarks from U/B Law ProfesCourt would force liberals to do sor Jacob Hyman and questions what they did not do in the 60's, from the audience. Depsite the 70's and 80's, that is, take their presence of this conservative left-liberal agenda to the legislascholar, the spectators managed tures and the people. This prosto keep their composure, and for pect scares them because althis they deserve our praise. though they continually speak of — — The Burger Court, in Kristol's view, has generally reaffirmed most of the Warren Court's precedents, and in some areas, like abortion and affirmative action, the Burger Court has been even more maverick thanits predecessor. Only on certain Fourth Amendment questions has the Burger Court retreated from major Warren Court precedents. Kristol continually spoke of the Burger Court as the Reagan Court. However, this is misleading because only one Justice has been appointed by Reagan. Kristol criticized Walter Mondale and others who insisted during the 1984 campaign that Jerry Falwell government's positive role in solving society's problems, they fear legislatures are a threat to their notion of civil rights. Reinvigorating constitutional selfgovernment via judicial restraint, says Kristol, will be the likely and desirable outcomeof a conservative Supreme Court. Unfortunately, Kristol ignored the federal judiciary's other components, namely the district courts and circuit courts of appeal. The Supreme Court receives most of the attention, but these other federal courts are largely responsible for many of the wrongs Kristol seemingly attributes only to the Supreme will take several more conservative presidents to reduce the judicial activism of Court. It these lower courts. Incidentally, if the concepts of federalism, self-government, judicial restraint, and separation of powers sound unfamiliar to many of you; you're right! You've probably never heard them mentioned in O'Brian Hall. Professor Hyman then commented on Kristol's opening statement. He started by setting the record straight; saying, in effect, this law school is not as leftwing or intellectually unbalanced as Kristol would have us believe. Professor Hyman is correct. Just count how many conservative scholars we have here!!! You may need an abacus to do it. Hyman agreed that liberals should look to legislatures more than they have in the past. He criticized conservatives for not having enough faith in the problem-solving capabilities of government. Yet as Hyman spoke, one got the impression that he and other liberals are uncomfortable about entrusting too much of this problem-solving to the one branch of government most accountable to the people the — legislature. Judging by audience reaction, Professor Hyman was certainly the mostpopular professor at the podium. Professor Kristol came in second. forum concluded with The questions from the audience. Kristol had to continually assure the audience that even with a Reagan Supreme Court, Brown v. Board ofEducation would still be safe. Most of the questions centered on affirmation action and other court ordered "race conscious remedies." However, several of the questions sounded much like editorials. Byfarthe most intriguing query came from a student who asked whether it was likely a Reagan Supreme Court could also be activist in its own way by being a proponent of conservative social policy. Kristol said this prospect was unlikely. This was really the crucial question because a truly conservative justice is guided by the principles of constraint and respect for law, not by considerations of social or public policy. That there exists a difference between constitutional law and public policy is the underlying theme of Kristol's message. All too often one hears the cry that a law is unconstitutional because it is contrary to sound public policy. We must remember that a bad law is not necessarily an unconstitutional law. Unfortunately, there are few who understand this distinction. Editors Note: The views expressed in this article are solely that of the author and reflect his personal evaulation of the lecture. Open House Hosts 20 by Victor Siclari On Friday, March 15, U/B Law School hosted an Open House Meeting for prospective students. Organized by Eduardo Mejias, the open house was attended by about twenty prospective students and lasted most of the afternoon. The prospective students were treated to coffee and danish as they were deluged with information about the school. Dean of Admissions and Student Affairs Alan Carroll, Assistant Dean of Admissions and Student Affairs Vivian Garcia, Graduate Assistant for Admissions Matthew Fusco, and Professors Dianne Avery, Charles Carr, Alan Freeman, Betty Mensch, and Wade Newhouse each gave their own description of the law school and its composition. Professor Newhouse was particularly effective in detailing the his- tory of the school since he has been teaching, here for close to thirty years. The next portion of the afternoon involved student feedback on the law school. After the teachcers left, student leaders from organizations such as The Opinion, Buffalo Law Review, Desmond Moot Court Board, BLSA and Environmental Law Society presented their views on the law school, faculty and environment. Also participating was Lionel Rigler, graduate assistant for public interest careers. The prospective students' main concerns seemed centered on two issues: financial aid and placement. BothSteve Wickmark and Audrey Koscieiniak were there to answer questions on the two subjects respectively. Even Dean Thomas Headrick stopped by to answer questions from the students. Mejias said the next open house meeting is scheduled for Friday, April 26. Any and all student organizations are encouraged to send a representative to the meeting. Public Interest Lists Placement Resources wide. We receive these listings in installments from February by Lionel Rigler, Graduate Assistant for through May, so check periodically for additions. Information The following is a list of public on staffing needs, organizational interest resources available at descriptions and projects is espethe school. It is by no means cially valuable. Past volumes exhaustive but covers some of provide a comprehensive listing of agencies and programs nathe basics. For further informaPublic Interest Centers tion consult the "Public Interest Bibliography" available in the Career Development Office, Room 309. Job Listings tionwide. National and Federal Legal — — Employment Report (Monthly on reserve in the Law Library) Comprehensive listing of current legal openings (mostly permanent positions) nationwide: Federal Government jobs in Washington, D.C., throughout the country, and abroad; other Washington, D.C. area jobs; legal services; the corporate.area is well covered; state and local government; and university positions. Listings contain job descriptions, requirements, and salary, as well as application pro- New York City Graduate Intern Program —When we receive the 1985 edition of this book in midApril it will be available in Room 309. It lists 300 summer jobs available in projects done by New York City agencies for the summer. Approximately 80 of these jobs are law or legal-related. These jobs pay well and provide valuable experience. The 1984 book is available in my office cedures. 7985 Summer Legal Employ(Room 627 O'Brian) in the interim. Public Interest Directory/Har- ment Guide, published by NFLER (Room 308) Lists summer opvard University (Room 308) Compiled for its own students, portunities available in over 150 the directory has just come out. public, private, and international in primarily organizations, It lists social action organizations, public interest law centers, Washington, D.C, but also nationwide. legal service and defender programs, and government offices Clearinghouse Review Job located nationwide. Its most Market, published by the Naunique listing is of private law tional Clearinghouse for Legal firms that have public interest Services (Monthly Room 308) Current openings in Legal Serand human services-oriented law practices. vices/Aid Offices nationwide, as Harvard Pro Bono (Room 308) well as other positions, e.g., pre1985 edition contains current paid legal services organizations. Position, background of organilistings for summer and permanent positions in public interest/ zation, responsibilities, qualificaservice agencies located nation- tions, salary, and benefits. — — — — 8 The Opinion March 27,1985 — Cornerstone, published by the National Legal Aid and Defender's Association (Bi-monthly Room 308) Lists civil and defender jobs available nationwide; articles on issues of current concern to the — — legal aid/service community. Community Jobs (Monthly Room 309) Social Action Agen- — — cies advertise their summer and permanent openings available nationwide. Articles provide val- uable insights to job seekers. Agency Listings Directory of Legal Aid and De- fender Offices 1983 (US/01.44 D573 Reference Area, Law Li- — — brary) Complete listing of Legal Services (civil) and Legal Aid (criminal) offices by city and state as well as those organizations concentrating on specific concerns, e.g., consumer, housing, prisoner rights law. Good Works A Guide to Social Change Careers 1982 (On reserve at the Law Library) Excellent directory of social activist organizations located nation- — — wide. Lists their purpose, constituency, job titles of those on staff, issues and projects, and funding. The section profiling those in public interest agencies is inspirational. Indexed by agency's majro concerns, e.g., education, economic democracy, technical assistance, urban problems. Encyclopedia of Associations 1985(Annual US/01.44 E62 Reference Area, Law Library) An excellent comprehensive source of information concerning nonprofit organizations; most current information of staff size and —— activities. Use it to update information contained in more dated directories, especially useful to determine contact persons. Washington Representative 1984 (US/01.4 W37 Reference Desk, Law Library) Two valuable listings for those considering working in the District ofColumbia. The first, lobbyists and law firms and who they represent. The second, national organizations, special interest labor unions, and groups, foreign concerns and who represents them. State Executive Directory, Winter 1984 (US/01.47 573 Reference Desk, Law Library) Published three times a year. Names and addresses for all State Offices, theirexecutives, directors, and department heads; cross-indexed by subjects, e.g., civil rights, mental health, public utility regulation. — — — — Career Development Office Job Postings (Glass case outside Room 311) Listings for — summer, permanent, and academic year positions, including law clerks, research assistants, and judicial clerkships. Each job has a number which can be looked up in the job book and further researched. Follow the instructions to apply for the position. 1984/85 Questionnaire (Room 308) — Responses to question- naires we sent out to the largest public interest and legal services office nationwide. Information on staffing needs, organizational descriptions, and descriptive literature. Association of Women Law Students Alumni Directory (Room 308 and AWLS Office, Room 10 basement) Name, address, phone number, type of law practice and work done for graduates in a number of different areas of law; public interest, courts, corporate government, and universities. Alumni Directories (Room 309) Names, addresses, and phone numbers for graduates in Rochester, Albany, Washington, D.C. and New York City. — — — ATTENTION: AH SBA-Sponsored Organizations Please submit a list of your newly-elected officers and their positions for publication in the next issue of The Opinion so students will have a guide to student organizations and their officers. Deadline: Wednesday, April 17 — �Commentary Grade Survey Indicates Reform Needed _ Un . by Robert M Cozzie, Editor in-Chief • 7, the Student Bar Association held a referendum 0 March 6 and -» .■ —._ on the grading system. While the referendum was non-binding it was supposedly used to gauge student reaction to the present H-Q-DF method. A not-so-overwhelming majority of the less-than-spectacular turnout indicated that the law student voters had no objection to the current grade differentiation. As a public service to the unconcerned (i.e., those who voted in favor of maintaining the grading system) and the apathetic (who did not vote at all). The Opinion has compiled a list of the grades distributed for the fall semester. Methodology The table charts the instructors alphabetically, the course(s) they taught, and the grades they assigned for that class. The rating was determined by correlating point scores with the letter grades. An "H" equals 4; a "Q" equals 3; "D"'s and "F"'s received values of 2 and 1, respectively. Scores of "H*" were combined with "H"'s, but "Q*"'s, which have grudging acceptance, were recognized and assigned a score of 3.5. Like the determination of a student's grades, these values were given arbitrarily. The rating was determined by multiplying the number of letter grades by the point value for that grade. The scores were totalled and the rating was found by dividing the total point score by the total number of grades distributed in that class. An analysis of the rating and the method by which it is obtained indicates that the closer a rating is to 4, the more "lenient," and conversely the closer to 1 the more "difficult" the instructor is as a grader. Grades which reflect a "bell curve" distribution will have a rating between 2.9 and 3.1 because the "Q" equals 3.0; however, an examination of the actual grades given is necessary for such an ani? lvsis Analysis What does all this mean? Perhaps nothing, but then again, it may indicate that the present grading system has no merit and is deficient in several aspects. Consider the following: 1) Of the 2872 grades given out having H-Q-D-F values, 30% (857) were a Q* or H (and H*); 2) Only 5.4% of the grade's were a D or F (only 4% actually received an F); 3) Of the 60 instructors who had posted grades as of Wednesday, March 20, 1985.(including independent study and clinics), 55% (33) did not issue any grade lower than a Q; 4) For the 1049 grades issued by these 33 instructors, 33% (344) were H's, 60% were Q's, and 7% were Q*'s; however, these 33 instructors also accounted for 47% of the total number of H's, 34% of all the Q's, and an astounding 75% of the Q*'s despite issuing only 37% of the total grades for the fall semester; 5) The" remaining 27 instructors were responsible for 1823 individual grades of which 394 (22%) were H's, 44 (2%) were Q*'s, 1231 (67%) were Q's, 142 (8%) were D's, and 12 (1%) were F grades; 6) The average class size for the 33 instructors above was 32 students with a grade breakdown of an average of 11 H's, 19 Q's and 2 Q*'s, while the average class size for the remaining 27 courses was 68 students of which an average of 14.5 received H's, 2 received Q*'s, 45.5 received Q's, 5.5 received D's, and .5 were given an F. The multiplicity of grades utilized by the class instructors in the Law School is thus merely form over substances as grading is relatively top-heavy (i.e., within the Q to H range) and barely reflects the standard "bell curve." While not attempting to detractfrom the qualifications of my fellow law students, the current grading system, with its present application, does not accurately measure the students' understanding of the course material or class progress. - Commentary This brings us to the point for which this survey was compiled an evaluation of the present grading system. First, as everyprospective employer wants to know, what are Q's and H's? The definitionof Q is "qualified" and of H, "honors." But if one is "qualified" in a certain subject (i.e., receives a "Q"), does not the higher grade of "H" indicate the student is "overqualified"? And from that position, how does one view a Q*, or the obscure and yet evenmore puzzling H*? An additionally disturbing proposition for the maintenance of the current grade set is that it reduces competition among the students to create an atmosphere more conducive to education and learning. Yet many students seem startled that employers who "understand" the U/B Law School grading system only wish to interview those candidates who are ranked in thetop 10% of their class (i.e., approximately 50% of their grades are H's); an ironic contradiction, at best, given the motives for the grading system. One group ultimately benefits from the system, however. It is those students who schedule their courses in accord with the directives of the University Bookstore's "legal mosaic." These erstwhile advocates, while learning the course material from such legal authorities as Messrs. Gilbert, Emanual, and Nutshell, quietly take their finals and (given the previously indicated grading bias) have a 95% chance of obtaining a grade of "Q" or better. This is what is known within the law school hierarchy as "parity"?! The question is not whether the grading system should be mainit obviously should not but in what direction the tained or not system inevitably will be drawn. Given the shortcomings of the present set-up, the administration has two options to consider: a return to the traditional A-B-C-D-F grading method, or the implementation of a new system, such as Q-NQ. The Q-NQ grades would reflect the ability of the students; he is either "qualified" (Q) or "not qualified" (NQ) with regard to his knowledge and practical application of the specific legal meterials the course addresses. Competition for grades would be minimized. Prospective employers, by reviewing a student's transcript at an interview, could easily determine if the individual is competent in those areas of the law in which he will be working. Finally, class instructors would have a set standard to differentiate, and substantiate, the grades they have distributed. While not a perfect solution, nor even reflective of the totality of available alternatives, the proposal herein should receive serious considerationfrom the law school administration in light of the problems discussed above. After all, change is an essential ingredient for development and self-improvement. — — — ■ Instructor Albert Albert Atleson Avery Bennett Berger Berger Binder Birzon Grade Course , Boyer Carpenter Carr H Administrative Law Health Care Collective Bargaining Labor Law Federal Tax I Civil Procedure Research & Writing Criminal Law Evidence Independent Study 3 5 6 10 5 17 37 17 10 1 5 Lawyer-Client Clinic Engel Ewing Criminal Law Ewing Psychology & Criminal Law Constitutional Law Lawyer-Client Clinic Debtor-Creditor Del Cotto Del Cotto Freeman Gerken Girth Girth Hager Halpern Headrick Hyman Kaplan Kaplan Sex-Based Discrimination Lawyer-Client Clinic Criminal Procedure Intro, to Policy Studies Lindgren Remedies McCarrick Lawyering Skills Mensch Contracts Future Interests International Theory Independent Study ."f*. Law & Public Education Civil Procedure Research & Writing Environmental Quality Mugel Nardin Newhouse Newhouse Olsen Olsen Reis Reis Scales-Trent Schaeftler Schaeftler Schaeftler Schlegel Schlegel Schofield Spanogle Spanogle . ..... Leary Lindgren Konefsky . . Legal Methods Municipal Law Problems in State and Local Government Criminal Law Contracts Labor History Public International Law Contracts Katz Konefsky 4 3 D Q 8 6 6 46 19 72 52 77 65 2 1 1 4 3 P Rating — — 1 — — 1 3.08 3.45 3.50 3.16 3.12 3.14 3.42 3.18 3.09 4.00 3.83 Criminal Investigations and Police Procedure Criminal Procedure Corporate Tax Federal Tax I Independent Study Carr Q* .Problems Property II Constitutional Law II Corporations (Section 1) Corporations (Section 2) .... 7 .... 1 11 18 57 18 ... 10 51 18 6 9 3 31 33 74 18 89 4 46 3 2 68 1 17 16 19 69 77 7 20 72 6 5 63 12 4 5 1 3.00 2 2.95 — 3.13 3.47 3.40 3.07 3.14 3.69 3.21 3.40 3.00 4.00 3.25 3.27 3.64 1 2 — — 5 7 1 48 20 25 52 7 5 16 18 1 22 24 53 6 15 31 42 35 34 2 44 113 — — — — — 28 53 32 6 25 3.14 3.09 1 3.19 3.00 4.00 — 3.13 3.51 3.08 4.00 1 3.05 3.40 3.75 3.24 3.88 3.19 3.39 5 4 3 18 3 8 2 3 8 1 5 10 10 22 2 5 18 5 5 13 6 3 20 22 10 5 — Independent Study Sales & Secured Transactions New York Practice Commercial Paper International Commercial Transactions Spiegelman Steinfeld New York Practice Sullivan Law Family Swartz Lawyer-Client Clinic Syczygiel Trial Technique Weinstein Zimmerman Agency & Partnership 19 38 32 71 — 11 10 8 Independent Study Research & Writing Corporations 3 6 16 18 1 16 19 8 10 26 2 6 22 7 4 12 3.89 3 3.27 1 2.82 2.77 2 2.86 4.00 3.83 3.31 3.29 1 3.17 — 1 2 —— 2 2 — — 3 — March 27,1985 The Opinion 3.35 3.58 3.36 3.09 3.15 3.60 3.45 3.20 9 �Legalses by Roy A. Mura Hickory, Dickory, Dock Hickory, dickory, dock. Your lawyer ran up the clock. The clock struck one And your lawyer's not done So everything goes into hock. Hickory, dickory, dan. Your lawyer looks so tan. His "away from the phone" Was a long way from home Yet he works as hard as he can. Hickory, dickory, doo. How come you look so blue? Hasn't justice been served? Your opponent unnerved? Or has the person who's been beaten, been you? Hickory, dickory, day. You go off your un-merrily way And vow never again Bring yourself or a friend .) To those who practice law (as should they! . The Fifth Annual Honors Convocation will be held on Wednesday, April 10 at 2:15 p.m. in the Moot Court Room. Certificates and/or cash will be awarded to second and third year students who have been nominated by faculty for outstanding performance in the 1984-1985 academic year. All intheO'Brian Hallcommunity are encouraged to attend. Ain't We Got Fun I don't know why I came here. Sometimes it makes me ill. The work's okay, it's the reading that gets me sick. I guess it always will. My doctor told me a long time ago I'd contracted a rare disease. "Fear of legal mumbo-jumbo," he called it, "Severe case of 'scripto-phobic legalese.'" So I don't know why I came here. My allergist thought it advisable. He doesn't know the climate.though. It rarely won't be miserable. I don't know why I came here. Nope And I don't intend to whine. The weather's not all bad. it's everything that stinks Most other things are fine. — there's nothing more fun or more gay to waste three years of law school away on my colorful notes or cute anecdotes while I'm thinking of something to say. ELECTIONS for editorial positions on The Opinion Thursday, April 11, 1985 at 5:30 P.M. Room 724 O'Brian All law students are eligible to run. Staff attendance is mandatory. JAECKLE CENTER FOR STATE AND LOCAL GOVERNMENT LAW presents informal box luncheons at 12:15 p.m., Fifth Floor Faculty Lounge with Lillian Roberts Commissioner of the New York State Department of Labor on Wednesday, April 10, 1985 and Dennis T. Gorski New York State Assemblyman and Chairman of the NYS Assembly's Committee on Local Government Thursday, April 11, 1985 Th« Opinion March 27,1985 10 The Dale S. Margulis Award Dale S. Margulis, of the class of 1982, died suddenly in August 1982. To honor his memory, his classmates, family and friends established the Dale S. Margulis Award. This award is presented to that member of the graduating class who has contributed most to the Law School and the comnmunity. Candidates for the award are nominated by members of the graduating class, and the. recipient is selected by the deans. , Nominations should elaborate on the contributions made by the nominee and should be submitted to Marie McLeod in Room 312 by April 15. �SOLD OUT The live performance of the Summer 1985 Pieper Multistate Bar Review is completely subscribed. No further registrations are being accepted for this location. Limited seating is still available for the tape loca- tion in New York City at the Madison Square Garden Theatre on 31st St., between 7th and Bth Avenues for the A.M. session given 9-1 pm and th6P.M. session given 6-10 pm. Registrations are also still available for the tape locations in Nassau, Suffolk, Westchester, Albany, Buffalo, Syracuse and Washington, D.C. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516)747-4311 March 27.1985 Tha Opinion 11 �Plans to Promote Economic Development continued from page I self. Although the employees generally have to take substantial pay cuts in orderfor the company to start making profits again, they benefit in the short run by saving their jobs, and in the long run by sharing in the profits realized by theircompany. Pitegoff said that although force, improving the city's phys- where labor is cheaper and organized, was "no basis for getting out of the contract. This was not a declining company; they just wanted to move to make more profits." The Center's vigorous lobbying efforts eventually paid off when the city filed suit against Playschool to enforce the terms ofthe IRB contract. Under a settlement agreement reached between the city and Playschool, the company was permitted to move but only after it agreed to "broker its property to a similar industry, set up a ical infrastructure and improving the quality oflife here in general. Rosenow said- that since "there's not too much you can do about" the departure from Buffalo of heavy industries like steel and flour milling, the BDC targets small, high-growth manufacturing companies, such as those involved in food processing, printing and electronics. The BDC is trying to reverse the trend of economic decline in Buffalo by "operating as a bridge to the private sector to turn theirat- only a handful of states currently have ESOP legislation in place, other states, including New York, are studying bills which would recognize the worker-owned corporate form. Such legislation would facilitate procurement of campaign to help its workers find the financing needed for emand keep on 100 workers ployee buyouts by "legitimizing" new jobs Swinney said. He confor year," a and adding legal certainty to by commenting that ecoworker-owned corporations," cluded Pitegoff explained. Dan Swinney, a representative from the Midwest Center for Labor Research, followed Pitegoff with a discussion of the role that private organizations can play in economic development. Swinney explained that the Center —a private, non-profit group comprised of local community and labor leaders works first to "identify plants in danger of closing," and then to seak ways of saving them. In one instance the Center launched a successful media and lobbying campaign to prevent a Chicago toy company from relocating its plant in violation of its Industrial Revenue Bond (IRB) contract with the city. Under that contract the Playschool company had received cheap land financing and tax incentives to locate in Chicago, in exchange for its promise not to move except under overwhelming circumstances. Swinney said that Playschool's desire to move to the south, — tention to opportunities that may exist here rather than in the south," Rosenow said. The results of new industries locating in Buffalo would be the creation of many new jobs in the area and a stabilization of the local tax base, he concluded. State Assemblyman Arthur Eve spoke next about the state's involvement in economic/development. Eve, a resident of Buffalo, complained that a lack of cooperation between area legislators, businessmen and community leaders has limited what the state can do to promote the economic recovery of the region. "The state needs to do more, but the initiative must come from the city and local governments, labor leaders, local institutions and the business community," Eve said. Under the New York state constitution, special laws, legislation which applies to only one city and does nomic development policies must monitor and guard the public interest by encouraging corporate accountability to communities." The afternoon session on the government's role in economic development began with a presentation by Charles Rosenow, President of the Buffalo Development Companies (BDC). Rosenow explained that the BDC a group of local public agencies employs a variety of strategies to attract new industries to the West- — — ern New York area. One of these startegies involves offering targeted industries tax breaks and land financing packages in order to induce them to locate in the area. The money for these incentives is allocated to the BDC primarily by a number of federally funded programs. Other development strategies employed by the BDC include offering companies discounted utility services, instituting new jobtraining programs for the area's labor not involve a matter of state-wide concern, can be passed only at the special request of the municipality. Eve said that the state legislature is prepared to provide assistance to the Western New York Single Issues of Volume 33:2 are now available in 605 O'Brian. Price: $6.00 BUFFALO LAW REVIEW I VOLUME SS Article'i Fair Use Old Forebears and New: The Betama\ Cask -and By its M.B.W. Smrlair Informers Revisited Government Surveillance of Domestic. Political Organizations and the f.ourth and flrst amendments By Dolores Donovan Comments Mennontte Board of Missions r. Attains: Insufficient Notice Under the New York In Rem Statutes Hypnotically Refreshed Testimony: In Support of the Emerging Majority and People i: Hughes Should the "Substantial Overbreadth" Doctrine Be Overhauled? The F.xampi.e of Morrisette r. Dlluorth Governmental Immunity and the Release of Dangerous Inmates from State Institutions: Can the State Get Away With Murder.' Bonk Heriev On Bruce Al in»<v s Reenii-trutlmg American Lav B\ Ootid Oregon STATEUNIVERSITY OF NEW YORK AT BUFFALO <■ Copyright © /»«! In the Buffalo Inn Hei-lnr 12 NUMBER 2 SPRING I<IH4 The Opinion March27,1985 area but "it is not getting the kind of direction it needs from the local governments." He cited the city's planned baseball stadium as one instance where the state re» sponded to Buffalo's request for assistance by providing needed funds. He also emphasized that Mayor Griffin should ask for the state's assistannce in cleaning up the area's many toxic waste sites, since the publicity they have been receiving helps discourage companies from locating here, and this thwarts economic development. The conference's last guest was United States Representative Henry Nowak (D Buffalo). Nowak spoke briefly about legislation before Congress which, if enacted, would estabish federal "enterprise zones." Companies agreeing to locate in one of over 30 small zones the legislation would create within depressed urban areaswould recieve tax incentives and credits from thefederal government, Nowak said. Reagan Court and Civil Rights I continued from too high.'" The only major pieces be overturned. Most likely it of legislation which tackled the would just be cut back." "issues of racism and sexism" But even if the Court were to were the Civil Rights Amendoverturn the landmark 1972 opin- ment to the Constitution and the ion, abortion would not be out- Civil Rights Act of 1964. "(The Supreme Court) prods lawed, he noted. The matter would only be returned to the the altruistic elements in human state legislatures to be legalized nature that need to be restimuor outlawed." lated," he said. "The legislative Busing, too, would be a likely process holds a false promise of Reagan Court target, he theor- civil rights." Hyman noted it was ized, adding however that the the courts that mandated busing, issue- is not the political "hot banned segregation, protected a potato" it was a decade ago. "A woman's right to privacy, and Reagan Court would likely stop took prayer out of the public a lot of busing, declaring that the schools all measures state and problem is solved," Kristol local governments were not inexplained. "Busing, however, is terested in taking. fading on its own accord; neither "We must continue to take adblacks nor whites are in favor of vantage of a Constitution which — it." A more conservative court would probably apply extra scrutiny in reviewing cases involving racial quotas, he said. "Quotas might be cut back." Although explicit racial hiring numbers might be sidelined, Kristol said, minority groups would not be seriously harmed. "Affirmative action is already institutionalized enough," he pointed but. "Blacks have the political power to make sure things do not return to being lily white again." While the overall effects of a Reagan Court on currently established civil rights wouldbe slight, the Harvard professor said, such a court would have a major psychological impact. "The Su- ■ preme Court could put a stamp of legitimacy on conservative thinking," he said. "It could show the populace that it's the right which is riding the wave of the future. Over "the long run" Kristol believes a conservative judicial swing will ultimately be healthy for the left while presenting new challanges to politicians of the right. "A rightist court would put pressure on conservatives who govern and complain about judicial intervention," he said. "But a Reagan Court also presenta an opportunity for liberals, who have made the mistake of letting the courts carry all theirideolog- ical baggage." Under a less friendly judiciary, liberal politicians would be forced to "take their case" to the people. "Liberals have illegitimately forced laws onto the people from the top (the courts)," the Harvard professor complained. "Now let them bring their ideas to the people and make laws through the legislatures. A Reagan Court will re-invigorate the ideals of self-government." "It is unrealistic to believe that government, being the clumsy thing that it is, can achieve the goals (of eradicating discrimination and sexism, legalizing abortion," countered Hyman. "The social and human costs would be appeals to our consciences and should be as broadly interpreted as possible," Hyman explained. "The courts cannot make radical changes, of course, but can arouse the conscience of the nation." Without a Supreme Court guarding, and in the process expanding, civil rights, less altruistic qualities of Americans would dictate the course of events, the UB professor warned. "I am appalled at the extent to which this society is permeated withracism and sexism," he said. "Currently, minorities are losing ground as the gap between them and the majority increases." Hyman admitted that the Supreme Court "cannot singlehandedly stop" racism and sexism, but, he said, the appointment of judges who believe in a more laissez-faire approach could be disastrousfor minoritiesstriving for equality. "The Supreme Court cannot solve all the problems," he said, "but we need the Court to arouse our consciences to social ills." Kristol disagreed. Such dependence opn a paternalistic court only cheapens the gains made by minorities, particularly blacks, over the last century, he said. "Blacks have freed themselves. It's wrong to ignore those efforts and say the courts really freed them. (The Supreme Court's) current attempts to serve as society's conscience are wrong." While Kristol subscribes to a theory of "wiping the slate clean" and adopting color blind standards for employment and other competitive opportunities, Hyman feels America must not forget the disadvantages blacks have encountered. "Not only must we remember the years of our heritage, we must go further," he said. "We must re- dress them." It's time to toss aside this "liberal guilt" complex, Kristol said. "If you think racism and sexism are so embeded in society, he explained, "then it's silly to think that nine men in Washington are going to make any difference." �In record numbers, people who have already signed up for BAR/BRI and Josephson are forfeiting deposits and switching to PIEPER NEW YORK-MULTISTATE BAR REVIEW If you are presently considering the selection of a bar review course, ask those who have just studied with Pieper and took the February, 1985 bar exam. They will convince you. Pieper's Proof is performance. i t Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 See your Pieper Rep: 1985 Joseph Coleman Richard Gottlieb Joan Kenney Penny Rubin Richard Schaus Steven Wickmark Deborah Williams 1986 James McElhone March27,1985 The Opinion 13 �Thoughts on Floods, Mechanics and Law School developing stock portfolios by making me walk to the bus stop! The only part of my car that works is the seat belt buzzer, and that's because it gives theseguys fond memories of cash register bells. Believe me, car mechanics are a pox that must be wiped from the face of the earth! (Replace them with high school shop teachers ...) by Alan Stewart Do people in this city need something in their lives to help them take their places inhistory? If not, why is it that the snowstorms are labelled "The Blizzard of '85" and the floods were labelled the "Flood of '85?" Are we living in disaster movies or what?! I feel like I'm in Egypt during the plagues! From now on, let's just consider it some of the usual bad weather and leave it at that... One avid reader writes: "Dear Alan, Why is it that every time I purchase food on the Baldy Bridge, the price never ends with a "0" or a "5"?!! I'm sick of carrying pennies. This really (expletive deleted) me off! Signed, Steve Golden of Williamsville, New York York." "Dear Mr. Golden, Life's a (expletive deleted)! I'm not prone to generalizing (except about Buffalo), but I must state unequivocally here and now that all auto mechanics are swamp sludge! These guys are Here we have people starving due to Work-Study funds decreases, people short of food money due to mechanics' bills, and you're peeved because your onion roll doesn't cost 35 cents or some other round number! You've got problems see a doctor..." I thought it made no sense, but I understand all about the bell in the library that goes off to indicate that someone is exiting with unchecked library material. It's really programmed to gooffafter every 27 people exit. I counted last Thursday. It went off as I exited and all I had in my hand was a pen! (It was pretty de- . vocates might pull off a miracle. With less than 4 minutes to play and down by 3 goals, the AdvoThe Advocates on Ice, one of cates took a time out to regroup. the three law school entries to Seconds later, Jim Navagh this season's U/B intramural ice drilled home a rebound off a shot hockey league, was defeated in by the Advocates leading goal playoff action Monday, March scorer Kevin Szanyi. Less than a 18, at Sabreland. The Advocates minute later John Mineo set up finished the regular esason with team captain Paul McGrath who a 3 wins-2 loses mark earning fired th epuck in for the Advothem third place in the league. cates' fifth goal. With 45 seconds Leading the Advocates during left to play, the Advocates pulled the regular campaign were Kevin their goaltender Andrew Hooven (The Great One) Szanyi, John in favor of the extra attacker. The (The Enforcer) Mineo and Brian gamble seemed to pay off when (The Bull) Dennis. playmaker Mike Eschrich set up TheAdvocates on Ice fell to the Navagh in the slot for what apIce Pickles, a strong group of unpeared to be an excellent chance dergraduate'students, in the first at the tying goal. However, semifinal game by a score of 6-5. Navagh's stick shattered as he Despite being down in the game slapped the puck and the Ice Pickby scores of 3-0, 4-1 and 6-3, it les were able to clear the disk out seemedfor a minute that the Ad- of danger. organizing team number two, and to Greg Hoelsher and Brian Sutter for running team number three. 99°° ROUND TRIP MOTORCOACH TRANSPORTATION * __,__.___ TRIP DATES * March 2- March 9 March 9 -March 16 March 16 March 23 - Apn. 6 ■ Apnl . J/\* VV £ — WWSW^^ -Hi \V *•• 'ti\ i Daytona • :" TOUR RATE INCLUDES: Round Tnp Transport***. v*arconoUiontd-lavacorv ° " B" "* aVU>n • Beach Ch Fl Convtnieoi departure m mm "VB&BSS' •""■■'^e»>e»»»»e»jB»e»«»»e«jB».»e» '* tt ''**"'«—m«i m ■■ i.KtM»» *r"j**r"*g°*'*"' W ii.ni>,B» w s?s?i? iii »iii»«»i—»»ii.t<Mrti»i«ii,»« 3 TV? **1 "t—*- '*"'"-r'r ««c—^y^«^». KjKJlf "T7"" ' 2SMBNorthem Boulevard longbjond NewYoniCitv 718631 3600 The Opinion March27,1985 14 L«nited Hot* Space m ft Lauderdale and MriPK [ ItdL <j«ft iCTUamysTim i E&Jgtjya&i** ll A av\ ,_ a. „._ Airtvvp fOKI LAUDERDALE l"jl) mTjiill 13 7 Nights BOOK EARLY! ■jTcT Nat*, New York 113*3 • UMe Wester**** NwJmn 914-997-0140 others. Problems of confidentiality and conflict of interests can also arise. Full-Time Employment with resent your leaving at 5:00 p.m. and not being in the office on Saturday. The fixed hour ar- PLUS $20 TAX & SERVICE • . Fixed Hours is a third alternative. It can, however, cause morale problems in a firm. The person working 50-60 hours a week, may ~ 9 Days where of my "Celebrity Law Students Who Are Incognito" pieces. P_ (name blanked to prevent rude phone calls) likes alcohol, light reading assignments and unintelligent men. J_ is a bird whose claim to fame is that he once consumed 137 chicken balls at a Stuffed Mushroom Happy Hour. D_ longs to be an owl, butbides his time by getting H's, despite the fact that he never sits through an entire class, and he takes no notes. Look for yourself in a future issue! By the way, I want to thank the editorsof this fine paper for making a point of correcting an error in my last article. I really didknow that Florida is a state and not a city. It's just that I had to type up the article really late so that it would be legible. In my exhaustion, I replaced the word "areas" with "cities". I guess the fact that I submitted the article two weeks early didn't provide enough time for anyone to check the error with me for purposes of correction (even though I see the managing editorroaming about every other day). Here I thought I was one of the few SBA members that this 201-623-4866 rangement can also put you off the partnership track. If partnership is not a prime goal for you, no problem. Many large law firms are now developing non- . paper likes. The pen really is mightier than the sword. I'm bleeding inside from this one Fewer Hours COLLEGE SPRING $ someone else, and if the bell rings, walk around that person and leave, pointing back accusingly This is the part of the article I get incensed about something. What really bothers me (this week) is the plastering of non-law school literature all over O'Brian Hall. I realize that this is a state school and that non-law school students walk through and hang out in O'Brian. But does that mean there should be hundreds of SASU political party posters plastered all over the second floor? No, I vocifermeaning being strip-searched by ously maintain!!! If it were one those reference librarians lookor two posters, I would probably not write about it (or at least not more than a line's worth), but the entire second floor looks like a hall of billboards! I believe that each student should restore the Also scoring for the Advocates natural beauty to O'Brian by ripon the night were Lee (The Quiet ping off and throwing away one One) Smith, Paul (Red) Mitchell non-law school poster daily! and Bob (Mr. Rheinland) SpaMake us proud genthal. Major contributions all P m, J I and D c are first season were made by Ira Hecht, year Section 2 students. P m Ken Moskowitz, Adam Wekstein buys me drinks, J I is applying and Jim Herzog. for a job so he can serve me Ira Hecht and Adam Wekstein drinks, and D_e speaks in tongues are to be especially commended when he drinks. These three stufor without their hard work ice dents are the subject of the first hockey as an intramural sport would not have been a reality this year. Hopefully because of the work of these two students and ctintiniit'it from iutf>e .1 others, intramural ice hockey will diem or per project basis. The flourish in future years. For their efforts to organized drawbacks: no fixed income; no two other teams in this season's fixed hours. You may have to program, credit should be given work intensely at times and have to Jim McElhone, for his work in plenty of time on your hands at Icers Bow in Playoffs by Paul McGrath ing for hidden microfiche.) The secret is to walk a foot behind ... partnership positions in their organizations. If you are interested in the issues of part-time employment, you may want to contact the Na- tional Association for Part-Time Professionals (Virginia) and/or New Ways to Work (California). Ms. Kanarek also noted Unequal Access: Women Lawyers in a Changing America as an information source. A final piece of advice was for law graduates to consider applying for law clerk positions posted 'for students. Sometimes an employer may find hiring a law graduate on a permanent/parttime, fixed-hours/full-time, or independent contractor basis is an attractive alternative to hiring a law student. AWLS Report by Robin Rosen berg The Association of Women Law Students has organized a number of projects in the past year. "Meet the Women Faculty" and a trip to Buffalo's Convention Center to hear GeraldineFerraro speak were among the memorable events sponsored last semester. This semester energy has focused on preparing for the upcoming National Women Law Conference sponsored by N.Y.U. for theweekend of March 21. The theme bf this conference deals with overcoming barriers due to racist and sexist stereotyping and learning to communicate in- stead. A raffle was held on Friday, March 15, giving away two BAR/ BRI courses, one to Ed Markarian and the otherto Annette Harding, to raise funds for the conference. The Dean and SBA also have provided funding to send students to the conference. A presentation will be given sometimeafter theconference to explain in more detail the purpose of the conference and what was accomplished there. Look for signs posting the date of the presentation. ESSAYS ARE THE "KILLERS" ON THE BAR EXAMINATION! (ASK ANY "REPEATER") For over 40 years, LOUIS A. KASS has taught many thousands of successful bar applicants how to ATTACK, ANALYZE and ANSWER the most difficult Essays l WHY TAKE ANY CHANCES? REGISTER NOW! We were oversubscribed twelve consecutive times! 6 SUNDAYS, commencing JUNE 16, 1985 (I to 4 p m ) HOTEL BARBIZON PLAZA HOTEL. NEW YORK CITY FEE: $250. KASS PROBLEM ANALYSIS CLINICS 27 William Street New York, New York 10005 (212) WH3-2690 Ms. Wendy Friedberg, Agent �A Little Bit o'Pudge Cliff Barney's Health Spa Saga Part 4 by Pudge Meyer A couple of weeks went by, and comedian. Jeff Newman." already I could feel my body "Oh, I see. Nice to meet you. I'm Cliff. Gee, a comedian. You starting to change. More important, my mental framework was must be a funny guy." "Well, I'm really not too good' also changing. For one thing, I at it. have a day job to supplehad cut down on french fries. with thatTiger Wolff ment my income." I got lucky "What do you do, sort mail or he found another new guy member to latch on to. I also something?" "I'm an attorney." found out when the best times "Haha. That's another one of were. I started going five times a week. That sure did draw some your jokes, right. Haha an at- I — wanted to talk to me, but was too shy. I helped 9UV" him out. "Hi, big He grunted. "Don't evertalkto me while I have a weight in my hands. It ruinsthe concentration." "Concentration?" "Yeah. As you doeach lift, you have to communicate with the muscle, think about the muscle that you are working. Feel it move under your skin." This guy torney." seemed to know a lot. "No joke. Haven't you ever "Maybe that's why I haven't heard of Alvarez, Alvarez, Newgrown as much I haven't been man, and Alvarez?" thinking about the muscle." "Yeah, they're pretty big "That's right." around here ..." "But I'll tell you the program "Sure are. I even had an inter- they put me on doesn't seem to viewwith them once. I ended up be helping my arms very much. I taking a job with a Public Interest was wondering if you can show group." me some exercises that would be "Oh yeah? Which one? I begood for my arms." long to a couple of those." "What do you mean 'arms' "Save theCheese Foundation." do you mean the brachioradialis? The long head? The exterior di"I never heard of that one." "It's one ofthe newer ones. Did gitorum communis?" you know that some grocery "What are all those?" stores don't even stock real "What do you mean all those cheese anymore? All they sell are those are just three of the many fakes that they have to call independent fiber-groupings that 'cheese food' or 'cheese spread.' people like you choose to simply call 'arms.' What you call the It's enough to make you sick." forearm started to think has no less than seven he was pulling I my leg again. "That sounds like different muscles, and I can give a great organization. How can I you an exercise for each one —" "You don't have to do that I get in touch with them?" "They'd love to hearfrom you. don't have all that much time. Just You can call the leader at 1-800- show me a few." "So you don't have time. Do / CHEESES." have time? I have to be back at ran the straight phone to and I dialed. A guy picked it up on the the office in twenty minutes, and first ring. "Good evening. Zorillo I haven't even showered yet. You ever hear of Alvarez, Alvarez, Pizzeria. We use real cheese " Newman and Alvarez?" I hung up. "Sure. I didn't know they were There was this really huge guy working out one of the biggest open at night." "They're not. I'm the nightguys I ever say. He looked like he — attention. "Oh, hi Cliff. What's today? You here again?" It was Misty. She greeted me like this every day. I could tell she must feel awful on the days.that I don't show up. "I think it's time for your mid-way progress report." "But I thought you said that came at eight weeks." "That's the full progress report. This is just and interim re- port." Is she for real? What the hell could be the difference? Let's be frank; we're all adults. I was sure she just wanted to get me in that room. We were walking there when her name was called over the loudspeaker. "Ooops be right back. Cliff." That was the last I saw of her that day. — "Hey, quit staring at her like that you'll hurt your neck." It was a guy doing sit-ups. I had seen him here a few times before. "My neck? If my neck is hurt, hers must be broken." "Hey, that's not bad." "What do you mean, 'that's not bad.' What are you, the judge of what's good and bad?" "Sorry, I didn't mean it like that. I meant it's funny. I'm a — — — — — — — — SUMMER SESSIONS 1985 t May 20 to July 1 CREDITS COURSES 3 Commercial Paper Conflicts of Law Criminal Procedure 3 4 3 4 Debtor-Creditor Evidence Housing and Community Development Law and Psychiatry Real Estate Transactions Remedies Secured Transactions Unfair Trade Practices 2 3 4 - 3 3 SUMMER SESSION 2 July 2 to August 12 COURSES CREDITS Administrative Law Commercial Transactions Survey Family Law Federal Estate and Gift Tax Federal Income Taxation of Individuals Labor Law Legal Issues in Public Education 3 For Further Information Write or Call: (516) 560-5916 HOFSTRA UNIVERSITY Island. New York 11550 SCHOOL OF LAW Hempstead, Long oppo.tun.ty .nst.tuhon Hols.ra Un.ve.s.ty <3 an equal educational "Then you have plenty of time. Who would know if the nightwatchman wasn't there?" "The day-watchman." He showed me a few exercises. I did them, thinking about the muscle each time. It seemed to work. It also put me in touch with what I was actually doing. From 3 4 3 3 4 3 3 that moment on it was clear that I wanted to become a professional muscle-man. I was done, and headed over to the water fountain. I could hardly lift my arms. From now on this would be the way I oh, man, — that's really disgusting. Somebody spit in the water fountain. To be continued... Tennis Lacks Noise by Pudge Meyer (Now that spring is here, thoughts of warm-weather activities come to mind. Which leads me to tennis.) Tennis is a great game. The speed, the power, the finesse — no other sport rivals tennis when it comes to demanding such a blend of abilities. Basketball comes close; but even there the skills are delegated to playertypes such as "power forwards," "point guards," "swing-men," all with readily identifiable functions. (Figure skating and gymnastics don't count until they become firmly established as professional sports ...) Finesse tennis players must show power when it comes to passing shots. Power players often show finesse at the net. And all the great players could land a beautiful drop shot at the proper moment. So why isn't tennis the biggest spectator sport? It is true that if you stuck a tennis court on the fifty-yard line of the Rose Bowl stadium not everyone would etc., have the best view. Still, there's no reason why thirty thousand people shouldn't see the finals of the U.S. Open. Or is there? Tennis has always been viewed as a gentlemen's game. No one gets his hands dirty, and everyone always says "nice shot" or "nice try." Such is the stereotypic fate of anything that comes from England. Neat white shorts, no playing in the rain, "ooh, it'll ruin my strings .", shaking hands after every contest why, these guys probably even use the same locker room! While it is certain that the U.S. Open attracts some out-of-towners, most of those in attendance are New Yorkers. (The site is Flushing Meadow.) And most New Yorkers ride subways and busses; they pack Madison Square Garden every fourth Monday to see professional wrestling. The older crowd is composed of die-hard Yankee and fight fans, and can remember great football games played in the mud of the Polo Grounds. Still others can recall the cheering and noise that accompanied the NIT. . HOFSTRA LAW SCHOOL SUMMER SESSION 1 watchman." — These people cannot sit through a tennis match. I can't sit through a tennis match. A true New Yorker needs to cheer at every backhand and spill beer on those in front after a nice volley. But at a tennis nals. There's no need for hearing in tennis. Can it be said with a straight face that tennis requires such a degree of concentrationthat any sound would be disturbing? Stronger arguments could be made for pitchers, who must also confront a background of fans waving their arms and anything else they can get a hold of, and foul shooters at a basketball game. Half the fun of attending a sporting event comes from yelling at the participants. Nothing will ever beat sitting in the leftfield bleachers at Yankee Stadium and cursing at the opposing team's left fielderfor nine innings. The tennis players themselves seem to realize that it would be wise to shed the gentlemanly image. When McEnroe argues a call, or yells at himself, it riles up the crowd and adds a little excite- ment. People will come to see McEnroe hoping thathe will throw a tantrum much the same as they'll see a hockey game hoping a few good fights will break out. McEnroe's antics at Wimbledon have caused many non-tennis fans to look up and take notice. The trend should con- tinue. The level of competition would surely rise amid shouts of "We want a server, not a bellyitcher," and "Show 'em where you live, Conners." If fans could yell and bring in banners, the U.S. Open would attract millions of New Yorkers. Yet, as it stands, the finals are played in a small, packed stadium, creating the illusion of popularity. If anyone even stood up during play, he'd be blacklisted by every yuppie organization in the state. I am convinced that the gentlemanly image of tennis stems not from the sport, but from the British society itself. It was the sport of the elite and well-to-do who buried themselves in etiquette everywhere they went. No one leaves the dining-room table. Eat with this hand. Don't speak unless spoken to. Children should be seen but not heard. Clap like this at the opera. It should come as no surprise that spectators of tennis behaved as if they were at the opera. This behavior mirrored their polite society. But we're not in England, and we don't live in a polite society. There's nothing wrong with yelling. A tennis stadium should not match there's no one even walking around yelling, "Beer here!" be converted into a public library. or trying to sell you eleven Considering the prize money at stake, a professional player peanuts in the shell for seventyfive cents. No sir. At the U.S. should be able to cope with Open you'll come in, sit down, noise. Tough luck if he can't. New be quiet, watch the match, and York is a tough luck town. If the guys at the U.S. Open go home. If there's one group of etiquette and big crowds, want being who don't like told people what to do and how to act, it's they won't get it in New York. Let 'em take their act to Boston New Yorkers. In this case, the New Yorkers why do you think they call that are right. There is no good region New England? So long as it's played in New reason why the crowd must be muzzled during play. There's York, it would be music to my more of a reason in football, ears to hear shouts of "Ace da when the wide receivers can't bum" and "Smash it down his hear the quarterback call the sig- troat." March 27, IMS TheOpinion — 15 �Once isenough! Some things are better the second time around — taking the bar exam isn't one of them. Take a good look at the Josephson BRC Course and we think you will agree that there is no better assurance that you will have to take the bar exam only once. ■ No other course offers the kind of complete integrated study system which simultaneously builds substantive knowledge and confidence. With the finest law summaries and lecturers and the most comprehensive testing and feedback system in the state, you can't go wrong with BRC. V 1 / V VI i / - IllllUiliUliallllllll BRC WITH YOU EVERY STEP OF THE WAY SUCCESSOR TO THE MARINO BAR REVIEW COURSE Eastern Regional Office: 10 East 21st Street, Suite 1206, New York, NY 100U), 212-505-2060 Ik* The Opinion March 27,1985 16 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-03-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 69 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/27/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:54:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f9a37a5308b1ea54849f0b9626b754d0.pdf 8018d2bd1b8b96dd87e4bec569f7b8a3 PDF Text Text THE OPINION Vol. 25 No 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 13, 1985 Trio Lauded for Best Moot Court Brief by Victor R. Siclari During the weekend of February 27 to March 2, 1985, U/B Law School was represented by a three-member team in the eighth annual J. Braxton Craven Moot Court Competition held at the University of North Carolina, Chapel Hill, North Carolina. The team competed as finalists and received Honors for Best Brief. The threemembers competing in this prestigious national constitutional law competition, named after a fourth circuit federal court of appeals justice who died in 1977, were Richard Gottlieb, Ed Markarian and Mark Mulholland. As recognition for their successful performance in this competition, the team received two large plaques, which they have donated to U/B Law School. In addition, each team member received a two-vo]ume set of legal practice'text. Federal Lawyer's Manual, which will be updated free of charge, fpr their Best Brief Honors, and a two-vol- ume legal text. Legal Checklist, as finalists. The problem in the Competition was centered around thefollowing facts. A recognized homosexual leader in a community with a large homosexual population was accused of murdering a woman. The only eyewitness to the murderwas incapacitated at the time of the crime and could only remember the killer's hair color. However, when under hypnosis, he gave a complete description of the murderer, one that tended to vindicate the defendent. The problem then focused on two issues. The first issue was whether the defendant's Sixth Amendement right to present a defense entitled him to use the eyewitness's hypnotically-induced testimony. The second issue was whethertheState (pro- secution) could use its peremptory challenges in a voir dire examination to exclude an entire group (homosexuals) from serving on the petit jury. In this case, the prosecutor requested any of the prospective jurors who were homosexuals to identify them- Law Students Seek Non-Profit Bookstore by Robert C. Lehrman The University Bookstore is too expensive and inconvenient, two first-year law students said, and they intend to change that. Steve Cohen and John Harris have spent the past few weeks planning to launch a cooperative bookstore to be run out of the law school. Their first step has been soliciting support from the law school faculty. In response to a questionnaire sent out by Cohen and Harris, many professors have complained of problems with the bookstore. Their complaints are similar to those made by Cohen and Harris. Books Are Marked Up 20% John Feuerborn, Regional Manager of Follett's Bookstores, which runs the University Bookstore, said the average markup on law textbooks is 20 percent. He said he doesn'tknow of any retail store where the books can be bought at a lower price. Cohen and Harris think a 20 percent markup is too much, and that they can sell books for less than Follett's.They wouldrun the store on a non-profitbasis, using volunteers to do the work. Harris said they would enlist volunteers by appealing to the desire of students for lower prices. Jan Eshelman, Textbook Manager at the University Bookstore, viewed the feasibility of a cooperative bookstore with skepticism. She said such expenses as returning unsold booksvia the United Parcel Service make a 20 percent markup necessary. Follett's Claims Exclusive Right Another problem with establishing a cooperative bookstore will be Follett's exclusive right to sell books on the Amherst campus. Feuerborn said the Univer- sity Bookstore has an exclusive contract with the UB Foundation. Harris said he thinks that with the support of the law school faculty selves. Eight of the forty-five people identified themselves as homosexuals, and after individual questioning, the prosecutor used his peremptory challenges to excuse all eight homosexuals. The U/B Law School team was one of three New York schools to compete in the quarter finals, the two others being Fordham Law School and Brooklyn Law School. Although their brief was on behalfof the petitioner/defendant, they argued off-brief (on behalfof therespondent/state) in the finals in front of a panel of judges which was composed of Mtmt Couriers: Richard Gottlieb. Mark Mulholland, and Ed Markarian a former chief judge of the Pennsylvania Supreme Court, a fourth federal circuit court judge and a fifth federal circuit court judge. The team members from Suffolk University Law School of Boston, Massachusetts were the winners of the competition and also received first and second best oralist awards. Cincinnati Wins Mugel Tax by Victor R. Siclari On Saturday afternoon, March 9, University of Cincinnati Law School emerged victorious over Stetson University School of Law in the final round of the twelfth annual Albert R. Mugel Tax Moot Court Competition. The competition was established and is hosted by U/B Law School and is named after one of its professors, who is also a seniorpartner in the Buffalo firm of Jaeckle, Fleischmann & Mugel. Twenty-eight teams competed in the preliminary rounds on Thursday and Friday, March 7 and 8. The 19 law schools that sent teams were U/B (2 teams), Brooklyn (2), Syracuse, University of Cincinnati (2), University of Dayton (2), Ohio Northern University, Toledo College (2), University of Maine, John Marshall, Albany (2), New York Law School, American University, Stetson University (2), Emory, Suffolk University (2), Pepperdine (2), Seton Hall, University of Pittsburgh and University of De- quarterfinals were from lem dealt with the issues of deBrooklyn, Syracuse, Albany, preciation and basis in a Clifford John Marshall, Emory, U/B, Cin- Trust, established following a dicinnati and Stetson. These teams vorce, where the income from were selected based on the brief the trust was derived from an and oral presentation scores.The intrafamily sale and leaseback. Awards for the competition team with the highest scores were given out Saturday night at went on-brief. Last year, both U/B and Emory a banquet held at the Holiday Inn Niagara Falls Boulevard, had teams that competed against on each other in thefinals. However, Amherst. Best Brief went to the this year, the two schools were first place team. University of the eliminated in the semi-finals. In the finals, the team from Stetson (St. University Petersburg, Florida) was petitioner arguing off-brief against University of Cincinnati, respondent arguing on-brief. The two teams argued before a distinguished panel of five judges: U/B Law Professor Louis A. DelCotto; Judge Charles Clapp 11, U.S. Tax Court, Cincinnati. The school's other team tied with Emory University (Atlanta) for Second Best Brief. There was also a tie for the Fourth Best Brief between AlJohn Marshall bany and (Chicago). Mary Aramini, director of U/B's Desmond Moot Court Board, said our own team of problem can be avoided. Schop and Garas was sixth best Books Were Delayed brief, although no award is given Three Weeks Washington, D.C.; Judge John for this. However, the team did Aside from high prices, Cohen for placing in Pajak, Special Trial Judge for receive a certificate and Harris' other complaint with Also, Stephen J. the semi-finals. U.S. Tax Court, Washington, Follettzs was the inconvenience an award for D.C.; Agatha Vorsanger, IRS Re- Schop received based they encountered when their Third-Best Oralist on his gional Counsel, Washington, torts and property books were preliminary oral scores. Winning D.C.; and JohnWhite, IRSDistrict unavailable during the first three the award for Best Oralist was Counsel, Buffalo. The namesake troit. weeks of this semester. "StuPaula A. Campbell (Suffolk); SecU/B had three teams vying for of the competition, U/B Law Prodents have a legitimate expectaond-BestOralist was Russell Ellis fessor Mugel, suddenly canceltion that books will be available placement in the national com(Stetson); Fourth-Best Artille at the beginning of a course," petition. The team of David Cass led out as a judge because he Oralist was Pamela Conger (Tofor was of the going and was out town Damon DeCastro elimiCohen said. "Time is the most ledo), and Fifth-Best Oralist was whole weekend. nated during the in-school comprecious commodity a law stuA. Divecchio (Dayton). Elizabeth The problem, written by U/B dent has. I won't have my study petition, the team of Paul Aramini said, "The attorneys schedule dictated by the McGrath and Steve Markbreiter Law ProfessorKenneth Joyce, in- have been very supportive. They volved section 1041 of the IRS was eliminatedafter the prelimibookstore bureaucracy." have come from Buffalo, New Code, a new section passed by Law professors Betty Mensch nary rounds of the national comCity, Rochester, Cleveland York and Nan Freeman said they sent petition, and only the team of Congress last summer. The sec- and Washingotn, D.C. to judge tion a statute non-recognition is in their orders for the torts and Steve Schop and John Garas was the competition. Many of the and redefines transfers of propproperty books before the able to make it to the quarterjudges were U/B alumni. Most erty incident to divorces, treating bookstore's deadline. Eshel- finals. paid their own expenses." She probthe transfers as gifts. The The eight teams that entered man's records, however, indiwanted to thank all of them for cated that both Mensch and I. Referendum on Student Activity Fee theirtime and participation in the Freeman's orders were dated 33 Aramini also competition. A. That the Student Activity Fee be manda days after the November 15,1984 wanted to thank fellow Executive law toryfor all students. 258 deadline. Then, from the datethe Board members Steven BerB. That the Student Activity Fee be voluntary book orders were typed, it took kowitz, Emily Kern and Ed Markafor all law students. 117 another 41 days before the bookrian, as well as all the other Moot store received them. Neither Court Board members who 11. Referendum on ONE DOLLAR increase of Mensch's secretary nor Eshelthe Student Activity Fee (per semester) helped out. "A lot of people put man can acount for the disthis together," said Aramini. The SBA Finance Committee has just comcrepancies. "This was training for the secinstudy finding a that a one dollar pleted If complications prevent book students. Next year, ond-year crease in the student activity fee per semester sales from being transferred to they will run the Desmond." Bernecessary during the next four years. be will the law school, Cohen and Harris kowitz added, "It was a well-run Do you support this increase? may be satisfied nonetheless. competition. The problem was "Our goal is to assure, by whatA. Yes 250 B. No 121 challenging, yet very interestever means necessary, that stuing." Grading System of the HI. Opinion dents get theirbooks on timeand For anyone who missed the Are you satisfiedwiththe current grading sysat a fair price," Cohen said. "It's final round on Saturday, it was worth the effort now to ensure tem? videotaped and can be viewed in that for the next two years I'll be the A.V. Department, fifth floor No 153 Yes 218 able to get my books on time." of the Library. and administration, the contract �Volume 25 No. 11 March 13, 1985 Editor-in-Chief: Robbed M. Cozzie Managing Editor: VictorR.Siclari NewsEditor: Randy Donatelli Features Editor: Andy H. Viets Business Manager: JohnK. Lapiana Staff: Sarah Ayer, Tim Burvid, Victor J. D'Angelo, Cliff Falk, Paul W. Kullman, Pudge Meyer, Gina Peca, Jerry O'Connor, Raul Rodriguez, Lisa M. Roy, Peter Scribner, Jeff H. Stern, Alan D. Stewart, Tony Torres. © Copyright 1985, The Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profitorganization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial FSA Profits at Expense of Law Library , Community This research paper is due at five o'clock but I need to make a copy of it for a writing sample. Oh shit, the change machine is out of service again. Hey, wanna go get a cup of coffee? Sure, just let me change this dollar first. Dammit, don't they ever fill this f-king machine! Sound familiar? Well, the next time it happens, don't take it out on the law library staff. It really isn't their fault. The problem rests with thefinancial underpinnings of the University Administration. The installation of a new change machine(s) would cost the Law Library approximately eighteen hundred dollars ($1,800) for each machine requested. In addition, the Faculty Student Association (FSA) charges the library twenty dollars ($20.00) per machine to fill them three days a week (Monday, Wednesday and Friday). The library must finance these costs through the money it generates in the use of its copy machines. The library receives no funding from the Faculty Student Association for the operation of the coin machines. Ironically, a significant percentage of change from the Law Library change machine is used to purchase items from the vending machines located in the second floor annex across from the Law Library. Common sense tells you that one dollar of change can make twenty copies, but only buys four cups of coffee or 2V2 snacks. Needless to say, more people will spend the dollar quicker on the snacks than on photocopies. Yet, the library does not share in the profits from these vending machines. All monies derived from the machines belong to the vending branch of the FSA. Despite the proximity of the snack vending machines to the library change machine, the refusal of the Baldy-O'Brian Satellite to give change without purchase, the constant use of the Law Library change machine, and the ever-present empty coffee cups and potato chip bags in the library study carrels, the Law Library does not share in any of the revenues collected from the food vending machines. Every law student realizes these factors, taken in the totality, indicate a causal connection between the use of the Law Library coin machines and the profits produced by the FSA-operated snack machines. Perhaps one method of resolving this "injustice" would be to have the FSA install and service an additional coin machine in the library free of charge. A less drastic alternative would be an agreement for profitsharing between the Law Library and the FSA regarding the second floor vending machines with the library receiving 10%-25% of the income derived from the machines. This way, the Law Library could raise the necessary funds itself for the addition of a new change machine(s). A final proposal which would help the students, without financially burdening the library, would be to have the FSA service the present machine seven (7) days per week at the currently billed rate of twenty dollars ($20.00) per week. While this problem may seem "minor" or "trivial" to the University Administration, arbitrary dismissal of such complaints reflect a lack ofawareness and concern for the Law School. Often, lawyers from the community come in to use our library resources on the weekend and are unable to photocopy necessary materials for case preparation due to the heavy usage of the change machine and lack of service on the weekend. To be a viable part of the University community, and to enhance its own image among other law schools throughout the nation, this law school should be treated with the respect not merely as "just its national ranking accords it another building on the Spine." — 2 Opinion March 13,1985 More Change Machines? To the Editor: / thought you might be interested in my response to one of the law students whose signed, written complaint reads as follows: Why not put in another change machine? I have been here every day for a week and have not once been able to get change her.c or at Lockwood. My response is appended. I am sorry to hear that you were so poorly served by the University Libraries change ma- chines last week. The machines are refilled every Monday, Wednesday, and Friday morning. As you observed, this schedule is not sufficient to provide a steady stream of change daily and through the weekend. The machines also break down from time to time, adding to the general aggravation of those seeking change. You asked us to put in another change machine. The financial realities of these machines are as follows. The University Libraries pays about $1800 for each machine. For refilling each machine the Faculty Student As- sociation charges University Libraries $20 per week per machine. The machines just exchange money; they don't make any profit for the libraries. Library photocopier revenue at present covers the costs and service charges for the change machines. Revenue from the photocopiers would not support the costs and service charges for additional machines. Why not? Consider that a lot of change from the change machines does not go into the library photocopiers as originally was intended. Rather the change goes into vending machines, pay telephones, and metro bus coin boxes. Reasona- bly enough, University Libraries reis reluctant to use its scarce sources to further support a service with so many non-Library beneficiaries. As I understand the position of the University Libraries administration, there is agreement with you that additional machines are desirable. However, the University Libraries administration maintains that it is only fair for the vending division of the Faculty Student Association by Lisa M. Roy issue of student organization dues charging. The matter had been referred to the Rules Committee last semester. The Rules Committee had found no specific guidance in the SBA Constitution except for the fact that membership to the SBA is conferred upon all full- and parttime law students. Thus, the committee recommended that all organizations chartered bythe SBA should confer membership to all law students without charg- ing dues. P.A.D., represented by its Chief Justice Rich Murphy, was the only organization to attend the meeting. P.A.D. charges a $5.00 local membership fee each semester along with a separate one-time $45.00 national membership fee. Murphy explained that members of P.A.D. agree with the dues charging and that P.A.D. does not actively dog members to pay their dues. Of the 180 members approximately half have paid the $5.00 fee. Murphy explained that P.A.D. needs this reliable cash flow since their line from SBA is small. The dues money is used to fund activities not open to the student body such as P.A.D. receptions and the Volunteer Lawyers Program. SBA defeated the Rules Committee proposal 10 to 4. Most members approved of P.A.D.'s ability to raise revenue from al- tional machines and their associated service charges. Having heard this long story, you may wish to convey your opinion on this matte to Dr. John F. Naylor, Interim Director of the University Libraries, 433 Capen Hall. Very truly yours, Ellen M. Gibson Director of the Law Library Associate Dean for Legal Information Services Students Speak Out to Salvage Lounge To Dean Headrick: We are concerned about the proposal which has been made to convert the fourth floor Student Lounge into secretarial space in order to make available more faculty offices.We find this proposal an unacceptable solution to the inadequate amount of office space in O'Brian Hall. For a school consisting of approximately 800 students, two student lounges barely provide enough space to serve the needs of the student population. As it now stands, the first floor lounge is primarily used for various orThis ganizational meetings. leaves the lounge on the fourth floor as the only lounge accessible to all students at any time. With time, this lounge has become a place of study for those students who smoke. It is the only place a student can study, smoke and/or eat at the same time. Furthermore, the lounge is a place where students, smokers and non-smokers alike, can freely discuss academic, as well as other issues while studying. Due to the number of people who utilize the fourth floor SBA Decides Not to Outlaw P.A.D. Dues The SBA Directors met last Sunday, March 3 to debate the to pick up the costs of the addi- ternative sources. Directors felt that dues charging could be con- trolled indirectly by reconsidering the charters of organizations which charge gross fees. lounge, as well as organizations which reserve the first floor lounge for meetings, one student lounge is inadequate to meet the needs of the law school student body. In addition to our substantive objections to the plans, we are disturbed by the fact that these plans came to our attention solely because some studentsinadvertently overheard discussion of the plans by several secretaries and Assistant Dean Schlegel on two separate occasions. As the group(s) most adversely affected by such a change, we find it unfair that we have had no opportunity to express our concerns about the space, and disillusioning that the administration seems to care little about the needs of the students. We believe that alternatives must be explored and that the needs and concerns of the students be a.ddressed. We will expect a response within the next five busienss days, addressed to the Student Bar Association. Student Bar Association Association ofWomen Law Students Black Law Students Association Buffalo Mediation Service Buffalo Law Review Buffalo Public Interest Law Program Buffalo Society of Labor Relations Center for Public Interest Law Gay Law Students Organization International Law Society LANALSA Moot Court Board National Lawyers Guild The Opinion Arthur, Whelan at Jaeckle Box Lunch Our initial sessions of the the county's comptroller. In spring semester have focused on doing so, he shed some light on two persons who are in the fore- the county's current fiscal crisis. front in the discussions on the As an alumni ofU.B. Law School, upcoming mayoral campaign in Mr. Whelan's success not only the City of Buffalo. reflects well upon the school but At our first gathering, George makes him an excellent example K. Arthur, President of Buffalo's of someone who is using his Common Council, discussed, legal education to the best adwith a great amount of candor, vantage outside the realm of such economic developments as legal practice. Congressman Henry Nowak is the Hyatt Regency, the Trafalmadore Cafe, and the proposed scheduledfor our third luncheon waterfrontcomplex and baseball on March 11. It is possible that stadium. He also appraised the this may have to be postponed potential forfuture development if he is unable to escape the in the city. He displayed a candid budget hearings in Congress. style and shrewd political sense Hopefully, he will be here to disthat might make him a formidable cuss his many-faceted role as a candidatefor the Mayor's office. member of the U.S. House of Robert G. Whelan, Comptroller Representatives. of the City of Buffalo, joined us The schedule for April's lunchon February 26 and drew the eon is just as promising. On April largest number of students yet. 10 (Wednesday) at 12:15 P.M., His excellent presentation focused on the methods he employs to resolve the many serious financial problems of this large northeastern city. He also highlighted the differences between the authority he enjoys as the city's comptroller and that of Commissioner Lillian Roberts from the New York Department of Labor will join us. All you administrative law and labor law buffs come and interact with a real life administrator and shaper of policy I continued on page 9 �Meanderings: Some Aimless Wanderings in the Land of Oz by Andy H. Viets As we approach the midpoint of yet another semester, in this, the Land of Oz (Schlegel does — have one thing right we are definitely not in Kansas anymore), it is time to sit back and take stock of our surroundings. Having personally spent most of the last eight weeks (time certainly does fly, doesn't it?) meandering aimlessly about, perhaps there is no one less qualified than myself to make some general observations concerning the state of nature here in O'Brian Hall. So down the yellow brick road we g0... — 1) The DeanSearch Committee In the last edition of the finest newspaper in all ofWestern New York (The Opinion), it was re- ported that this committee is not moving particularly swiftly in carrying out its appointed task. It seems to me thatit might betime to call the search off. I mean, if they haven't been able to find Dean Headrick after all these months, it would seem doubtful that they're ever going to. 2) Linked For those of you who have tried to take a book out — Holtzman to Address Grads by Sara Ayer, Chairperson of Commencement Committee It's official! Elizabeth Holtzman will be the Keynote Speaker at the 96th Law School Commencement. Ms. Holtzman is currently the District Attorney for Brooklyn. We are also in the process of choosing a student speaker. Anyone wishing to nominate himself or someone else should submit his name to the Dean's Office by Friday, March 15. The class will then vote on the nominated persons. The top three or four people will be interviewed by three members of the Commencement Committee and Deans Thomas E. Headrick and Vivian Garcia. A student speaker will be chosen by this Committee. While it is not absolutely necessary that a person submit a topic with his name, it would help the students in evaluating candidates. At the same time that the senior class votes for a student speaker, we will be picking a faculty speaker and selecting the persons to receive the faculty and staff awards. The voting will probably be during the week of March 18. If you haven't already done so, now is a good timeto makehotel reservations for your family for Commencement weekend. The graduation will be Sunday, May 19 at 9:00 a.m. in the Alumni Arena. We will have a reception afterwards on campus. Also, there will probably be a cocktail Which direction should the Supreme Court pursue in the coming years with regard to what are broadly labeled "civil rights"? This question will be the topic of a forum, sponsored by The Federalist Society, to be held Thursday, March 14 at 3:30 in O'Brian 106. Professor William Krystol of Harvard's Kennedy School of Government is the featured speaker. He will deliver an opening statement outlining his position on what the Supreme Court ought or ought not to dowith the civil rights cases it will be asked to hear in the next decade or so. Jacob Hyman, Professor of Law and former Dean of U/B Law School, will then briefly respond to Professor Krystol's statement. The final segment of the forum will be devoted to questions from the audience. Professor Krystol has a B.A. — — — has made a comeback album which contains a song entitled "Rock'n'Roll Girls." This song has a line which goes as follows: If I had my way, I'd shuffle off to Buffalo, Sitting by the lake, And watch theworldgo by. Obviously, J.F. was in a drug-induced state when he wrote this one. You might be able to ski off to Buffalo at this time of year, or perhaps even canoe, but shuffle? No way. In addition, since Lake Erie is frozen solid most of the year, it isn't likely that he's going to see much of anything go by on it. 5) Al Katz The man should be ashamed of himself. He is clearly dangerous and should not be allowed anywhere near a first-year class (and perhaps even nowhere near a law school). 6) Schlegel —Ditto. 7) The Fourth Floor Smoker's Lounge —Well, itlooks likeCommander Tom and his sidekick, Space Cadet John Henry, have reached into their old bag of tricks and are once again trying to pull a fast one on us. Only by way of some inadvertent eavesdropping has it come to the attention of the Student Bar Association that there is a nolonger-secret plan in the works to transform the above noted lounge into secretarial offices, j My guess is that the idea was to pull this caper sometime during the summer when no one would — be here to object. We snagged you this time, though, didn't we, Tommy-boy? 8) Women They should wear their hair loosely about — fcftiffe<*l their shoulders. — 9) Letters to the Editor In recent months The Opinion has received several letters which can be fairly described as nothing less than vicious personal attacks on the Editorial Board. Even though I am the Features Editor of this very open-minded newspaper (our motto: All the news that fits we print), I don't mind thisfor one minute. In fact, I thrive on it. My only complaint is that you people don't get personal enough. If you are going to get personal, at least mention me by name more than once. I just love seeing my name in print. 10) March — Did you know that this month has been designated National Frozen Food Month? Think aboutit—mothers and fathers get only one day, but frozenfoods get an entire month. The official symbol of this very special month is a penguin holding a knife and fork. It is that sort of thing which gives even more credence to those immortal words of the Soothsayer with which I will close: "Beware the ides of March." © party the night before. If you have not returned your graduation card to Admissions and Records, please do so. We need the names to make up the program for commencement. If you do not fill out your card, you might not be listed in the program. Finally, caps and gowns need to be ordered from the bookstore. The doctorate cap, gown and tassel will be $16.50 and the hood will be $17.75. These prices are forrental. You must go to the bookstore by April 1 to order your cap and gown. (NOTE: the bookstore will be closed March 28th and 29th for inventory.) More in the next issue. Noted Prof. to by Randy Donatelli ofthe libraryrecently, you understand the meaning of this word and all of the ugly and perverted connotations it carries with it. The only way you can borrow a book now is to first be linked to the computer system (Big Brother is alive and well here at U/B). While working in the library over the past month, I have come to realize thatthe linkage process is nothing less than a truly metaphyseal and morally degenerate experience, for both the linkee and the linker. I still get goosebumps when I link someone. One thing that I should not have done, though, was to link myself (the result was nothing to worry about just some minor internal damage). 3) Lake Amherst —lf you think things are bad in the library with all of the pipes bursting, you should have seen the street just around the blockfrom my apartment during the recent flooding. Some of the people there had to be evacuated in rowboats. There is nothing funny about this, it just serves as another illustration of why I am getting out of the Queen City this May and never coming back. I might have to contend with an earthquake sometime in the near future but at least I'll be warm and dry when it happens. Actually, I'm not too concerned with earthquakes. When the big one comes, California is not going to drop off into the Pacific everything east of the Sunshine State is going to fall into the Atlantic. 4) John Fogerty He, of Credence Clearwater Revival fame. Speak a. ■ and Ph.D. in political science from Harvard University and is a recognized expert in the area of courts and public policy. He is a contributing editorof both Benchmark and The American Spectator, and the author of numerous scholarly articles and book reviews. The Philadelphia Society, The Federalist Society For Law and Public Policy Studies, and The American Political Science Association are among the groups that Professor Krystol has delivered lectures to. In 1984, he testified on the "equal rights amendment and constitutional government" before theU.S. Senate Subcommittee on the Constitution. Theforum will not be conducted as a debate, but rather as a fairly informal exchange between two notad scholars. The Federalist Society urges students and faculty to come prepared with questions to ask the professors. HOFSTRA LAW SCHOOL SUMMER SESSIONS 1985 • SUMMER SESSION 1 May 20 to July 1 CREDITS COURSES Commercial Paper Conflicts of Law Criminal Procedure Debtor-Creditor Evidence Hdusing and Community Development Law and Psychiatry Real Estate Transactions Remedies Secured Transactions Unfair Trade Practices SUMMER SESSION 2 July 2 to August 12 COURSES CREDITS 3 3 4 3 4 Administrative Law Commercial Transactions Survey 2 of Individuals Labor Law Legal Issues in Public Education 3 4 3 3 3 Family Law Federal Estate and Gift Tax Federal Income Taxation 3 4 3 3 4 3 3 For Further Information Write or Call: (516) 560-5916 HOFSTRA UNIVERSITY SCHOOL OF LAW Hempstead, Long Island, New York 11550 Holslia Univereity is an equal educational opportunity institution March 13,1985 Opinion 3 �Students' Journey Reveals a "Free" Nicaragua by Paul W. Kullman A free society. A religious society. A partially sophisticated society. A society ravaged by war. These are just some of the phrases used by U/B law students Frank Resillez and George Terezakis when discussing their perceptions of Nicaragua. The two law students spent January 13-27traveling throughout the Central American hot spot as part of a 20-member group called Witness for Peace. Terezakis said the group was composed of priests, nuns, and other American civilians interested in discovering more about the problems behind the current unrest within the country. "There was even a former CIA agent in the group," Terezakis said. "His impression of the situation was thatthis wasn't a Marxist-Leninist state by any stretch of the imagination." Terezakis said the former CIA agent had spent 30 years working for the U.S. government analyzing the Soviet Union and its policies. "In an earlier interview with the Baltimore Sun he described Nicaragua as the America of his youth the America he grew up in during the Depression when people were working together to overcome obstacles," Terezakis said. Terezakis and Resillez, who were both making their first trip — to Nicaragua, said they knew they were going downtherewith certain preconceptions, some not unlike those ofthe former CIA agent; but they nevertheless tried to be objective in their analysis of the situation. According to Terezakis, he and Resillez had the opportunity to talk with many people while in Nicaragua, including government officials in the country's state and housing departments; the head of the Catholic Council of Bishops; and members of opposition trade unions. They also talked with numerous people on the streets, in parks, and in bars. "Some of our best research was done in bars where people are always relaxed," Terezakis said. And just what did the two law students learn from talking with all of these people during their two-week stay in Nicaragua? "My impression was that the people had no fear of discussing politics, how they felt about the Sandanistas, the Contras, and what they thought about the Reagan administration," Terezakis said, "They were very outspoken, and I myself was very surprised. They had no fear whatsoever to speak." Terezakis and Resillez said there was, however, a great fear throughout the country ofattacks by the various politically-based Contras. These Contras, according to Terezakis, are funded in part by the United States and are attempting to wrest control of the government from the Sandinistas. "These counter-revolutionary forces that are attacking the country are not popular at all," Resillez said. "This is because oftheirlevel of criminality. They go around raping and.torturing people and burning homes. They've really dealt a heavy blow to the Nicaraguan economy by efforts of sabotage and vandalism. Terezakis said, "Even the people who opposed the Sandinistas in the last election are, without exception, hostile to the Contras." In one story related to him during his visit, Resillez said several Contras walked up to a farmer tilling his fields and triedto take him prisoner because he was suspected of aiding the Sandinistas. The farmer resisted, telling theContras to shoot him because then his sons could at least bury him on his own land.The Contras proceeded to break both of the man's arms as his sons watched lion in covert aid to the Contras last year alone. Terezakis blamed part of Ni- caragua's civil strife on "political ideologues" within the Reagan administration who are not basing their decisions "on what the realities are" in Central American countries like Nicaragua. "Their are based on a bipolar independent countries with independent policies." Despite all this, Terezakis said the Nicaraguan people in general are still friendly towards Americans. Resillez agreed. "Being an American and realizing none of these people hated you was kind of surprising," Resillez said. "They justkept asking us why we views sending money to the Conkeep view of the world. "You're either tras. They wanted us to go back Union. pro-U.S., or pro-Soviet to the U.S. and tell the people They do not recognize there are what's going on down there." helplessly. "The people we talked to de- scribed the Contras as butchers and barbarians," Terezakis said. "They equate them with (former president Anatasio) Somoza's old national guard. They see no difference. In fact, the head of the FTN, one of the major Contra groups that our CIA is funding, was a formercolonel in Somoza's national guard." Resillez said that at no time did he or Terezakis hear anyone express any animosity towards the Sandanistas. Rather, all the signs, including the political graffiti, pointed to vehement feelings against the Contras, according to Photo by Victor Siclari Resillez. » Maintenance has taken time to post signs indicating an obvious deficiency Terezakis said that despite the of the third floor study ledge; however they have failed to correct even more obviousness of the situation, the obvious problems within the law school library, namely the broken water United States continues to sup- pipes and their resultant damage. port theContras. He alleged that the United States sent $14 mil- TAX II STUDENTS: Reprints of Prof. Del Cotto's article are now available in 605 O'Brian Price $4.00 (student price: $3.00) Sales and Other Dispositions of Property Under Section 1001: The Taxable Event, Amount Realized and Related Problems off Basis By Louis A. Del Cotto Photos by Victor Siclui The Opinion received the above awards from the ABA 1984 Law School Newspaper Contest for recognition of outstanding efforts of law school journalists for the 1983-84 school year. The award for an editorial on internal law school affairs was written by former Managing Editor Ray Stilwell. The editorial, titled "Us and 'Them'," described how the overzealous advocacy that abounds in the law school by "them " has caused all of "us " to lose ourability to listen, to have compassion and to -reach compromises. The award for a feature article on substantive law was written by David H. Ealy. It detailed how former California Supreme Court Judge William P. Clark consistently sided with private enterprise at the expense of public land use benefit in his judicial position and warned that his replacement of James Watt as Secretaryof the Interior will be a continuation ofpro-business policies unhamperedby judicial constraints. 4 Opinion March 13,1986 ® Reprinted from Buffalo Law Review Volume 26, Number 2 Copyright © 1«77 Buf(.lo Law RwMw �Record Review: Easton Goes Solo by Bradford P. Anderson CHANGE NO CHANGE ElliotEaston, Change NoChange, Elektra Records, Official Release Date: February 14, 1985. You may have never heard of Elliot Easton, but you've probably heard his guitar work. Easton is the lead guitarist of the Cars, and also was featured on PeterWolf's latestalbum. Change No Change is Easton'sfirst solo venture, and the album provides a refreshing change from some of the overplayed music on the radio. Elliot Easton, a native of New York City, has a diverse ability in musical talents. While some groups literally get "stuck in a rut" with allof theirsongs sounding like a clone of their first hit, this album is not plagued with such a problem. There are tunes ranging from hard rock to new wave to tender love ballads on Change No Change. The lyrics to the song "Tools Of Your Labor" have explicit references to prostitution. The music in this song exemplifies the entire album: well-structured and layered rhythm guitar with a few brief moments of wild and rambunctious electric lead guitar work. "Tools Of Your Labor" is one of the risque hard rock songs on the album. "Shayla is a quiet ballad, and it brings out the smooth and melodic qualities of Easton's vocals. He also wrote all of the lyrics on the album: "Shayla/you took some getting used to/I never knew what made you so illogical/ what motivates you to go/trade you for that silhouette/I'm the stranger that you don't know." The song "New For Me" reflects Easton's admiration for the roots of rock music, with its Beatle like sound. "Fight My Way Way To Love" is a very catchy tune with its syncopated beat and occasional synthesizer blasts. This song has ail the necessities to make it on the Billboard Magazine top 40 record chart. "I don't wanna go through this day today/you work hardand they end up making work of your play/l cannot fight my way to love/I cannot fight my way to care/I find emotions going over The Future of my head." There is no doubt that the Electra Record Company is going to undergo a big promotion of this album considering the great success that the company had with the latest Cars album. Heartbeat City, which produced five gold singles. Already the company has released an elaborate video of the song "Wearing Down Like A Wheel." The strongest point of this album is Elliot Easton's musical and lyrical creativity. There's never a boring moment. The album flows well and provides a great amount of musical diversity. The weakest point of thealbum is that there is not enough concentration on Easton's lead guitar playing. Too often his great guitar work is stuck at the end of the song as it fades out. It's as if some of the songs are over before they even begin, becasue of that key component of the lead guitar is greatly missed. Regardless of its weaknesses, Easton's album is well worth a listen because it is an excellent piece of musical production. Change No Change is not the first solo enterprise by a member of the Cars. In 1983, Richard Ocasek (leader of the Cars) released his first solo album, Beatitude, which had one big hit ("Something To GrabFor"). Keyboardist Greg Hawkes released an entirely instrumental album a year ago entitled Niagara Falls. Change No Change is not a musical panacea, but from the early sales success of this album, we can expect to hear more solo work from Elliot Easton in the future. At the time of publication, Easton's publicity manage said that plans have not yet been finalized for a concert tour. NLG Outlines Goals The Buffalo Chapter of the National Lawyers Guild is comparatively young. In 1974, Guild The Federalist Society presents importance to us. For those of us who are law students, the Guild provides an opportunity to do progressive work, as well as to address issues of tantamount im- members from across the country came to Buffalo to defend portance to law, but not covered prisoners accused of participatin the curriculum. ing in the 1971 Attica prison reThis fall our major project was bellion. In the process, a Guild a Labor Conference. This conferchapter was formed.After the Atence consisted of panel discustica trials ended, the chapter consions and workshops and was tinued. The Buffalo Guild strives to held in conjunction with other university community and provide a forum where all members of the legal community can groups. We also drafted and ratified a new Constitution. get to know one another and disWe are planning two film cuss political and legal issues of series for the spring. One will be on Human Rights issues and the other on Labor issues. The NLG is also working with the Gay Law Students Organization to look into the legality of JAG-Corp reDoes it Better, cruitment on an institution that Faster for Less! has an anti-discrimination policy in effect. Resumes Professionally Our most active ongoing proTypeset A Printed ject is our Prison Task Force. The Briefs Writing PTF teaches classes on legal reSamples Copied search and writing at Collins Correctional Facility. This semester ALSO: the PTF is teaching an advanced Posters course in legal research and writFlyers ing for the first time. Brochures Please stop by Room 118 Ticket* O'Brian for more information on Bus. Cards the Buffalo Law Student Chapter Letterheads of the National Lawyers Guild, or Envelopes contact one of the following members of our steering com1676 N.F. Blvd. 3171 Main St. Buffalo Hollie Levine, Isabel Amherst mittee 835-0100 Hartenberg, Alberta Benitez, Paul 834-7046 Wessel or Kirsten Hertz. * •• •• •• • Supreme Court Adjudication: A Threat to Civil Rights? A Forum with presentation by: Prof. William Kristol, Kennedy School of Government, Harvard University and response by: Prof. Jacob Hyman, Faculty of Law and Jurisprudence, State University of New York at Buffalo Thursday, March 14 3:30 P.M. O'Brian, Room 106 In the Public Interest Solicits Papers The 1985 issue of In the Public Interest: A Review of Law and Society is at the printer. In the Public Interest is devoted to the exploration of the impact of the law on people and, as the title suggests, society. It is dedicated to presenting articles which examine social, economic, political and historical contexts of the law. Rather than presenting strictly legal analysis, the journal provides a multi-discipline forum for the discussion of the public's legal intrests. We are presently soliciting articles for the 1986 edition. If you have written a paper (remember your seminars!), essay, article, manuscript, etc., that you would like to submit, contact Sharon Kivowitz (box 483) or Mark Katz (box 413). Also, if you would like to become a member of the editorial staff, look for signs announcing our next organizational meeting. Any and all questions or comments regarding In the Public Interest should be directed to the Center for Public Interest Law in room 118. ■ The Dale S. Margulis Award Dale S. Margulis, of the class of 1982, died suddenly in August 1982. To honor his memory, his classmates, family and friends established the Dale S. Margulis Award. This award is presented to that member of the graduating class who has contributed most to the Law School and the comnmunity. Candidates for the award are nominated by members of the graduating class, and the recipient is selected by the deans. Nominations should elaborate on the contributions made by the nominee and should be submitted to Marie McLeod in Room 312 by April 15. — March 13.1985 Opinion 5 �Gay Law Students Seek to Bridge Gaps by Brett Gilbert GLSO member The Gay Law Students Organization (GLSO) is a group open to all law students who share a concern about how this university, the legal profession, and society in general treats gay women and men. The recognition of the civil rights of gay people is an annoyingly slow process in this country, yet it is one which should be advanced with all deliberate speed. To this end, GLSO works toward the elimination of sexual preference or orientation as an acceptable category for social and legal discrimination. Ending centuries of discrimination is not an easy task and it often begins with very small steps. One might remember the 1950s and how difficult it was for blacks to remind white Americans that they too were members of this society. Similarly, a large part of the movement for the civil rights of gay people is spent informing our fellow citizens that there are some of us who are not being treated like they should be. This past semester, GLSO staffed a table at Orientation so new law studentswould become aware of our presence. Later we held an Open House so new members could meet with second and third year students. Thanks to these efforts, GLSO has been favored with an influx of new people. One of our most important tasks this year has been to organize and arrange for a course concerning Gay Rights and the Law to be taught in this law school. We are happy to announce that we have been very successful in this effort and the course should be offered next fall or spring semester. We would like to thankthose administrators who helped us with this project; your diligence is appreciated. Another project of ours has been to work with the Lawyer's Guild in our efforts to ban the Army's Judge Advocate General's office from recruiting in this law school. SUNYAB has a university-wide prohibition against discrimination, including Poetry Corner MR. LUCKY / found a dollar and got a seat on the bus, My car is 14 years old with no sign of rust. Mr. Lucky. Hey I'm The grades went up and I didn't get a 'D', How happy that made me, I must lead a charmed life. Buffalo is flooded, but my street is dry, Above the house is clear blue sky. I was born under a lucky star. I'll take my good fortune down to AC, Everyone there will want to know me. "Hey, you must be Mr. Lucky." MR. HAPPY GUY Turned over a new leaf this week, gonna give it a try, from now on my friends will know me as Mr. Happy Guy. I'm gonna smile a lot and dress real sharp even splash on some Chaps, Rejection letters won't bother me, I'll laugh at them perhaps. I'll leisurely sit in front of the library, happily drinking my grey machine coffee. You'll say to your chum when I go by, "There goes Mr. Happy Guy." Coming next issue: The Onion insert. Here's your chance to submit your best (or worst) humor or candid shots. Opinion March 13.1985 orientation, in all ofits sponsored programs.The JAG explicitly discriminates on the basis of age, physical handicap and sexual orientation. We believe that the university's facilities should not be made available to organizations (e.g., the Nazis, theKu Klux Klan, the JAG) who openly discriminate against vast segments of our population. Such discrimination is an affront to the spirit of equality which many of us hold so dear. The GLSO and the Lawyer's Guild is attempting to make the Career Development Office comply with this university-wide regulation. The GLSO has also been work- ing with the New York State Lesbian and Gay Conference in drafting a new child custody bill. Too many times in this state do we see devoted and competent ... by Victor J. D'Angelo 6 discrimination based on sexual parents being denied custody or visitation rights with their children simply because they are gay. Hopefully, with the aid ofthe Conference, we will soon see children being raised by parents who are loving, caring, devoted, and possibly also gay. In addition to the activities mentioned above, the GLSO is co-sponsoring a seminarentitled "Closing the Power Gap: A Political Skills Training Seminar" to be held on April 20. We also are planning to invite one or two speakers to talk about legal issues and civil rights, as well as holding another Open House before the year is over. Information on all events is posted in our office in 118 O'Brian Hall. Please feel free to stop in and ask about GLSO. We are here, in part, so that all people, gay or straight, might learn to feel comfortable with their sexuality, whatever that might be. TO: Law School Student Organizations RE: Use of Copier and Postage Meter At a recent staff meeting it was decided that access to the copier will be handled according to the following priorities in the order listed: 1. Secretarial staff and faculty have priority AT ALL TIMES! 2. Students copying for a secretary have sec- ond priority. 3. Students copying for faculty members have third priority. 4. Student organization copying can be done in between all others. If anyone is copying for a student organization, they must get off the copier for all of the above.' It was also decided that since some student organizations are allowed to have their mail posted by us and billed back to them that certain procedures must be followed. 1. The green "Federal Mail Posting Request" form should be filled out and left on the mail counter with mail to be posted (forms are next to the postage meter). 2. Mail to be sent out the next day MUST be in the mailroom by 3:30 the previous day. 3. Call the secretary who is responsible for mail that day (check mailroom schedule on the wall) and let her know there is mail to be posted. CDO Announcement .. — — FBI Informational Presentation Representatives from the Federal Bureau of Investigation will conduct an informational presentation on Thursday, March 14, at 10:00 and 11:00 a,m.. Room 212. Students are invited to stop by and learn about this career option available to them after graduation. Pick the session most conveniently timed for you. �SOLD OUT The live performance of the Summer 1985 Pieper Multistate Bar Review is completely subscribed. No further registrations are being accepted for this location. Limited seating is still available for the tape location in New York City at the Madison Square Garden Theatre on 31st St., between 7th and Bth Avenues for the A.M. session given 9-1 pm and the P.M. session given 6-1.0 pm. i Registrations are also still available for the tape locations in Nassau, Suffolk, Westchester, Albany, Buffalo, Syracuse and Washington, D.C. ■ < - Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516)747-4311 March 13.1985 Opinion 7 �More Paper, Less Trial Time for Litigators by Paul W. Kullman Law students planning a career in civil litigation practice should be prepared for an "absolutely enormous" amount of paperwork, and the probability of a "limited amount" of trial experience, according to four U/B Law School graduates currently in the field. The fourBuffalo attorneys presented their views of civil litigation practice during a panel discussion at 4 p.m. Wednesday, Feb. 20, in room 210 of O'Brian Hall. About 30 studentsattended the discussion, the first in a series of four such events to be jointly sponsored by the U/B Alumni Association and the Career Development Office. Panel moderator Joseph Makowski, an attorney with Albrecht, Maguire, Heffern & Gregg, said there are currently a number of misconceptions in law school about what litigators do. " Litigators are different from trial lawyers," he said. "Few cases ever go to trial. Because the courts are so clogged, it's difficult for a civil litigant to get his day in court." "There is an intense pressure put upon you by judgesto try and settle your case, so the work you've done often does not bear Despite the tedium of civil litigation practice, Makowski said he considers the field very interesting. "I find the variety of law involved very appealing. The dynamics of each case are different." Makowski said that to be a good litigator, one needs to possess a "strong sense of people." He then closed his introduction by adding that the goal of a litigator is to "get the best results you can for your client with the budget you've been provided." Sheryn C. Rogers, an attorney with Damon & Morey, rearticu- lated a number of Makowski's views. Being with a firm that specializes in insurance defense and medical malpractice litigation, Rogers said a "good portion" ofher work involves getting medical records together. "Getting expert witnesses together is another big part of the job," she added. Rogers said a typical week "will see you writing a lot of letters to a lot of people. You must keep your client appraised of the goings-on. It's good to keep your client actively involved in his or her own case." While Makowski and Rogers said their trial experience has been rather limited, Veronica Thomas said the New York State General's Office Attorney doesn't have the luxury of saying, "We'll settle." "We often have to go to trial," she said. "Within the attorney general's office, the responsibility is great and it's shifted on you right away." Thomas said her office does a lot of appellate work and that 40 percent of the caseload involves prison litigation. She adds that fruit. But you have to accept this if you're interested incivil litigation." Makowski went on tosay litigation was "analagous to an ice cube." "All the work you do is underneath, unseen," he said. "You sit in an office and think through conceptual problems and then mold them into a pleading. It's a lot of paperwork." Makowski said some of the other "paperwork" includes answering interrogatories, coding documents, and filing motions. 85 to 90 Dercent of her time is spent writing, which includes fil- ing motions, taking depositions, and putting together briefs. "The case lives and dies on the papers," she said. "If you like to do paperwork, if you like to write, you'll like litigation." Bruce Zeftel, an associate of Makowski's at Albrecht, Maguire, Heffern & Gregg, characterized his experience in civil litigation as "belligerent" and "contentious." "It's you do what you have to do," he said. "It's nasty work.. Everything is blood. It's very difficult." Zeftel, who specializes in commercial and corporate litigation, said that a litigator's case "never ends." "But that doesn't mean you work on it every day," he added. "You have to subdivide your brain into files. In three to four years, you can close one file. Meanwhile, many more have opened up." All the while, the paperwork continues to grow. "It's unbelievable," Zeftel said. Papers may sit on your desk for years and you wonder what purpose some of them ever had." Zeftel, who has tried 15 cases in a little less than two years, said Bruce Zeftel, an associate of Makowski's at Albrecht, Maguire, Heffern & Gregg, characterized his experience in civil litigation as "belligerent" and "contentious." "It's you do what you have to do," he said. "It's nasty owrk. Everything is blood. It's very difficult." Zeftel, who specializes in commercial and corporate litigation, said that a litigator's case "never ends." "But that doesn't mean you work on it every day," he added. "You have to subdivide your brain into files. In three to four years, you can close one file. Meanwhile, many more have opened up." All the while, the paperwork continues to grow. "It's unbelievable," Zeftel said. Papers may sit on your desk for years and you wonderwhat purpose some of them ever had." Zeftel, who has tried 15 cases in a little less than two years, said it's important to go in, try your case, do your best, and "whatever happens, happens. C'est la vie. You need to be able to go home and forget about your work," he said, although he admitted this is often a difficulttask for a civil litigator, especially for him. The next career panel discussion will focus on real estate practice and will be held at 3:30 p.m. today in room 210 of O'Brian Hall. Environmental Mediation on Rise by Rachel Roth, Environmental Law Society Environmental mediation is a relatively new method of resolving environmental disputes without placing additional burdens on our court system. With the mediator's assistance, the parties involved in a dispute explore and reconcile their differences, until they reach what they consider to be a workable solution. As of 1983,mediation hasbeen used in at least seventy cases, and appears to be less costly and time-consuming than litigation. The simplest mediated settlement might cost no more than $800 to $1,000, while the same case could cost thousands of dollars to settle in court. Proponents , PASS WITH PIEPER The Pieper seminar is now the hot bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 of mediationalso suggest that it can lead to the resolution of real issues that concern the involved parties, instead of focusing attention on procedural questions, as is the case in most environmental litigation. The most important benefit offered by mediation is that it leads to resolution of disputes, not postponement of a solution through drawn-out litigation. The first step in mediation is to identify the parties affected by the dispute, and choose their rep- resentatives. If all of the affected parties are not included in the mediation process, any decision reached may be impossible to implement because the uninvolved parties refuse to cooperate. On the other hand, for medi- ation to be feasible, the number of representatives should be limited to allow for meaningful discussion. The representatives must have sufficient power within their own group to make decisions that will bind the whole group. The next step is to determine the specific issues that are under dispute. Although it seems as if the issues shouldbe obvious, en- vironmental organizations often support or oppose projects on broad ideological grounds which aren't suited for mediation. Before the process can continue, the issues must be narrowed, and be put in terms of specific points of disagreement. The parties then come up with enough possible alternativesfor action to make room for compromise. k+OTO I — One source of information as to possible alternatives is the project's environmental impact statement, which is supposed to include alternatives to the proposed project. The parties to the negotiation process must then weigh and scale judgments about costs and benefits, and de- termine what each group is willing to trade. If all these steps can be reached, then bargains are made and implemented. Aids for implementation include legal and quasi-legal documents, such as contracts or administrative agreements. Every environmental dispute is not suited for mediation. It is much more likely to be successful if the dispute focuses on the allocation of local resources in a relatively small geographic area. Solutions are implemented more easily by local governments, and the issues involved are better defined. There must be a time limit for reaching an agreement, since mediation will not work if it is used as a stalling tactic. The dispute should have reached an impasse so that the need for mediation is obvious, and all parties feel it is a necessity. Each party must have enough power so that no one party can take unilateral action without the other parties taking legal action. The final require- ment involves the mediator, who must be seen as neutral and be accepted by all the parties. Mediation is not appropriate in every situation, but it is a viablealternative for many cases that are brought in the courts each year. WORD PROCESSING Your Future Can't Wait - TYPING Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when editing drafts See Your Pieper Rep: s Joseph D. Coleman Penny Rubin Deborah M. Williams Joan Kenney Opinion March 13,1985 8 Richard Eric Gottlieb Richard Schaus Steve Wickmark IfcTypntyks & Symbols to Choose from Repetitive Worli at (educed Men Xeroxing, Printing, Bulk Mailing PriMed to Look like Typeset Of Typewritten Pick-Up All Work Guaranteed Cali Proto-Tvw * Delivery Available — 883-3348 Ail For Randy �How to Find a Public Interest Law Job • by Lionel Rigler, Graduate Assistant for Public Interest Careers Job opportunities in public interest/service organizations tend to arise more haphazardly and less frequently than in theprivate bar. Your job search, therefore, will require both persistence and patience. The public interest sector has contracted in the last few years and the high number of law graduates in the legal community generally has only increased the problems. However, in public interest/service organizations there is likely to be a higher turnover rate than in other areas of the law. There are public interest jobs available. It's just a matter of finding them. If you are committed to getting a public interest/service job, and you try hard enough, you'll find something. It is just a matter of time. Summer and permanent job searches should begin in the fall. Some government and large public interest/service agencies begin recruiting in the fall. Most smaller offices make hiring decisions in the spring. Therefore even if you haven't started looking you still have time for a successful job search, but you'll have to gear up quickly. The following are some points to keep in mind for your job search. Try to narrow your search. Some people think they have done a thorough job search if they have sent out hundreds of standardized letters and resumes. This is not the best approach since follow-up contact with hundreds of organizations will be nearly impossible. If you narrow your search and personalize each contact you will probably be more successful. Begin by determining your geographic preferences. Try to be as open as possible to other parts of the United States. Many positions are available outside major urban centers. Rural areas may appear unattractive, but that also means they may be less competitive and your chances of success will increase. In addition to being flexible, the most successful job seekers are those who have built a good contact base in an area before they begin their job search. Speak with people you know to establish personal contacts. The public interest/service bar is generally less formally structured than the private bar. Personal contact ("who you know") plays an important role in obtaining jobs. Talk with current and former employers, family, and friends to establish "ins" for organizations. Contacts that your fellow students may have can be discovered through the "Summer Job Survey" binder in Room 308. Talk to clinical instructors and professors, speakers attending programs held at the school, and members of professional organizations. The school's alumni can be very helpful; listings of those in themajor cities are available in the Career Development Office (CDO). Also, the Association ofWomenLaw Students has a listing of women alumni who have agreed to serve as contacts for students. A copy is available in theAWLS (Room 10) and CDO (Room 308) offices. Target your subject areas. Ask yourself some basic questions: Do I wantto do civil or criminal work? Do I want to work with individual clients or with broad legal issues? • • want to do litigation? If so, in what court(s)? Do my background and current interests lead me to any particular area of law (e.g., housing law, mental health law, women's issues)? What experience have I had paid or unpaid employment; community activity; academic coursework; clinical experience; or moot court experience which will prepare me Do I • • — — fortheworklwouldliketodo? Have I done everything I possi• bly can to enhance profes- and carefully written or typed. Avoid clumsy use of language, incorrect grammar and typing errors. The toneshould be self-confident and the focus specific. The letter should flesh out the resume without being repetitive. quires one to utilize a number of skills, many of which could have been learned in a non-law environment. Research and writing skills may have been honed by sweat- ing through history or political science papers. Interpersonal skiljs may have been gained through a job with a high degree of contact with the public, such as a salesperson or a social worker. An ability to interact well with co-workers and clients can be critically important in a job Highlight your experience and your strengths. Your letter should convey four specific pieces of information: Who you are. Establish your status and your goals, e.g., "I am with a high degree ofclient contact, such as legal services. A commitment to helping others can be reflected in extra-curricular activities (crisis counselor, NYPIRG volunteer) which lend credibility to your interest in a public interest/service career. job with organizations which Any proficiency you have with handle "hot" topics will gener- languages (especially Spanish) ally yield better results than a may be a critical factor in your random search. Good examples favor. Running student activities of these topics today are nuclear or involvement with a political the energy, environment, campaign may help one to gain women's rights, Hispanic issues, organizational skills. Highlight housing (tenant rights), rights of these abilities in your resume, the unemployed, and immigracover letter, and at your interview. Employers in the public intion. Civil rights groupsalso handle many higher profile topics. terest/service sector generally Research the field and target place less emphasis on grades employers by looking through than do private law firms. Howmaterials available in CDO ever, H'sand Q*'s in courses par(Rooms 308 and 309) and theLaw ticularly relevant to a given orLibrary's PJacement Shelf, referganization can be an added facence, and reserve collections. tor in your favor. (Refer to the "Public Interest BibResume The importance of a clear and liography," available in the CDO). concise resume cannot be unDetermine what your financial derestimated. Aside from the needs are. Some of the jobs that offerthe cover letter, the resume is the only initial contact you have with best experience, such as the U.S. You need a resume Attorney's Office or some of the an employer. ser"public/interest says that social action agencies, may offer organiall it since the vice" over only a small stipend or just be contacting will volunteer work, even for second zations you are hundreds probably receiving be year students. Many of these resumes a year. To make your jobs offer so much'opportunity of resume stand out highlight unique for experience and networking and relevant educationaland work they are worth the financial sacexperiences, and extracurricular rifice. You may want to consider activies. (If you are also interworking half-time and suppleviewing with the private bar, you menting your incomewith a nonmay want another version of your legal job that is well-paying. resume, highlighting those qualWhat Public Interest/Service ities you feel are most important Employers look for. to each type of employer). Public interest/service employReferences should be supplied ers, for the most part, look for to an employer rather than placmany in different qualifications ing the additional burden on him. ways from those valued by the This can be accomplished by listprivate bar. The following are ing your references' complete some of the qualities most imaddresses and phone numbers portant to public interest/service resume or developing a on the employers. separate reference sheet. Only First, organizations will look list those references you are sure students most favorably upon give you a favorable recomwill who have demonstrated a comand alert them to the mendation mitment to the public interest time period during which they area. This can be shown by an will likely be contacted. The established history of doingpub- number of references is up to lic interest work (paid or unpaid), you; one is probably not enough, or through clinical experience. five is probably too many. It has These experiences are valued been my experience that organibecause public interest organiza- zations place a higher value on tions generally do not have employer, rather than academic, enough time or money to train references. people from scratch. They prefer For additional suggestions on to hire students who have had format or content consult the some experience working with CDO's handout entitled "The people living at poverty levels or Resume." with any other "client" grouprel- Cover Letter evant to the organization's work. As with your resume, your At the U/B Law School the six cover letter should distinguish clinical programs are: Education you as much as possible from the Law; Family Law; Immigration other job-seekers. By doing Law; Bankruptcy Law; Legal some research on the work of Problems of the Elderly; and each organization you can make Housing Law. Take advantage of persuasive arguments about the clinics. They provide an ex- how much your experience can cellent opportunity to gain ex- contribute to its work. The more perience doing public interest/ "personalized" your letter is the service law. more it will stand out from the "standard" letter. volunemployment Previous Writing to an individual within teer work, and activities at undermake graduate school are the areas in an organization helps to your letteris not miscertain that most have seen students which I seriously short-chsnge them- placed or thrown out. The letter clearly thought out selves. The practice of law re- should be my sional credentials in the public interest area? When considering how to target your employment possibilitieskeep in mind that certain issue areas are expanding while others are tightening. Pursuing a a second-year student at the State University of New York at ■ - Buffalo LawSchool seeking mer employment." sum- Type ofjob you want and your qualifications for it. Describe your previous experience and explain how it and other factors (previous employment, clinical experience, and course work) make you an attractive candidate. Don't be shy about "selling" yourself. Why you want a job with this particular organization. Your reasons for being interested should be as specific and as persuasive as possible the reputation of the agency, your interest in the particular subject matter, or opportunities the position offers. Your suggestion regarding future communications. Take the initiative. Suggest in your letter that you will be in town and you will call to set an interview. A letter that ends with "I look forward to hearing from you" will be filed away, perhaps never to see the light of day again. If the organization wants to see your transcript or a writing sample get these out ASAP (as soon as possible). For additional suggestions consult the CDO's handout "The Cover Letter." The Interview Be aggressive about requesting interviews. Employers are busy, but they are generally willing to take the time (even on a day or two's notice) to talk with you. Be as flexible as possible with regard to your schedule but try to pin down a particular time — for an interview. If an employer is willing to talk with you but doesn't have a position to offer there are a number of reasons you should talk with her anyway. She can refer you to other agencies and offices which might have a position, she will be able to familiarize you with the job market, a job might open up there in the future and it is easier to "sell" yourself now, and you make a contact. Most public interest/service lawyers have gone through the same job search you are now undertaking and are remarkably willing to talk and give suggestions even if they don't have a job to offer. There is an incredible amount of empathy stored up here, just waiting to be bestowed on public interest students pursuing shared ideals. Schedule interviews during breaks. Winterbreak is better, for spring may be too late for some jobs. Being "in town" for a few days allows you to investigate other possibilities you may not have known about beforehand. During the interview try to get your interviewer to give you as clear an idea as possible of how soon a decision will be made. Also get an impression of the work environment and the personalities you will be exposed to on the job. Remember that you also are "interviewing" them. show that you are still interested in the job and demonstrate that you are likely to be persistent and thorough in your work. It also keeps your visibility with the employer high. The more personally he knows you, the greater the chance you will distinguish yourself from everyone else and that you will be hired. A great deal of getting a public interest/service job is being in the right place at the right time. If you are frequently in theright place, you are more likely to be chosen. Unless you discover otherwise, direct all further communication to the "contact" person at the organization. She is likely to have the clearest idea of where the hiring process stands at any given time. If you have not heard by the target date follow-up with a call. Follow-up calls by references can also be helpful. Count on interviewing and following-up widely before you receive an offer. Funding Sources . Doors open if you qualify for work study funding. Unfortanately few law students qualify for the program, which has been cut back recently. The Buffalo Public Interest Law Project (BPILP) will be funding a few positions in the Buffalo area at Legal Aid and Neighborhood Legal Services. The deadline for application was March 11, for the former, is March 14 for the latter. Other funders are the Law Student Civil Rights Research Council (LSCRRC), which supports ap- 150 proximately positions throughout the country, and the National Lawyers Guild (NLG), which has about 20 positions. Deadlines for the latter are in mid-February. Career Development Office Make an appointment with either Audrey or me to talk over your thoughts and plans, go over your resume and cover letters, and brainstorm ideas. Take advantage of the career panels and programs (including the Public Interest/Service Symposium, held in February in New York City) to familiarize yourself with public interest/service areas and talk with those active in the field. // would like to acknowledge that some of these materials have been adapted from "Public Service/Public Interest Job Search Resource Booklet" compiled by New York University, and "How to Find a Public Interest Job" compiled by University of Virginia's Law Students for Public Service and their Placement Office.) Jaeckle Center from page 2 On April 11 (Thursday), Assemblyman Dennis T. Gorski, the recently appointed Chairman of the New York Assembly's Com- mittee ofLocal Government, will discuss the importance of this committee to communities such as ours as well as sharehis views on other topics of interest to the group. Commissioner Henry G. Williams of the New York State Department of Environmental Conservation, a person recently in the news, will visit us on April 24th (Wednesday) at 12:15 P.M. He oversees the administration of New York's Superfund for the cleanup of toxic sites, a topic of great interest to those of us who are in an area where over 50% of the sites are located. Take time out of your busy Follow-up Persistence in the follow-up is study schedule to consider the absolutely critical. Stay in touch world outside of Law School in with the organization after your a friendly, informal setting and initial letter or interview. It will join usl March 13. 1985 Opinion 9 �A Primer to Job Hunts in Fun and Sun State for the wrong another description of the gornumber, that I found out how geous scenery, weather, women, much a pay phone call costs here. etc., I'll just outline other major Needless to say, this revelation aspects of importance to people struckafter I phoned about thirty like myself. different numbers. Additionally, Fast Food nobody told me not to eat in the Sarasota is composed ofabout City Hall Plaza Cafeteria (although the blind cashier who 500 attorneys, none of whom are kept asking me what I purchased hiring at this point in time. There and what bill I gave him was in- are just as many fast-food and teresting indeed. No wonder the quasi-fast-food places (Fuddruckers, Bennigans, Denny's, city's budget needs balancing!) that Furthermore, I was never warned etc.) as in New York, except Buffalo don't in Kings Burger in Tampa the escalator the about International Airport. Imagine have palm trees in their parking my surprise as 25 white-haired lots and Heather Locklear clones retirees greeted me and looked behind their counters. Thus, me over like I was something out Sarasota has a decided advanof the Lowery Zoo (located in tage in the area of cuisine. Tampa, of course). Fast Cars By the way, I don't know if it's Sarasota, much addition, In an my imagination, but there are awful lot of women walking like the rest of the West Coast of around here who look like they'd Florida, has a decent highway system. A police car zipped by satisfy "master race" requireme this morning without winking ments, (but unlike Buffalo, they're hot fat. Guess they don't an eye, as I drove at a slothful 70 Interstate need the winter layer as much as miles per hour down the 75. me to conclube This leads Buffalo natives... I could sion that Florida cops don't give wrong though*). tickets to people driving rental This last not is for animal lovers the squirrels here are cars. (By the way, I am still in awe darker than New York State of the fact that I can drive without squirrels. My guess is that the concern of skidding off the road at any moment.) sun did it to them. I hope to continue with a description of Fast Women another area if my rental car thinkFloridians have different I starts and gets me there tomorvalues than New Yorkers. For row *l mean an "awful lot," not an example. New Yorkers might not think that a major news item "awful" lot. Lest we forget, goddesses abound in the Sunshine should revolve around the closing of one of the last nude State. beaches in Florida, (although I Sizzling Sarasota paid close attention to the This is your roving reporter, coming to you from the City of Sarasota beach interview of the militant sun bather, to get her Sarasota (located, not surprisingly, in Sarasota County). view..." Rather than bore you with by Alan Stewart Take Me Tampa... Please The city was Tampa; itwas hot. My name's Stewart; I carry a re- cents credit sume. I started my search for a job at 8:30 this morning, and although I've yet to receive an offer, I still plan to push on in this "endeavor" (as the rejection letters call it). The following description is for the benefit of those people who have never visited Florida. Tampa, Buffalo's Sister City Florida and Buffalo have many things in common. Both cities are seven letters long, the fifth and seventh letters being vowels. Radio stations in both areas start with a "W". There are a lot of people in both cities as well. Those part of the body that are burntoff in Florida are frostbitten off in Buffalo. The similarities end there. However, I find Tampa to be very similarto Toronto, in terms of its cleanliness, its development, and the fact that both cities start with a "T", have a voweland consonant thereafer, and end with a vowel. The temperature is in the high 70's now, and the tanning index is 5 (which is optimum, I'm told). I've walked at least five miles today, and have only seen one pigeon (with a wildlife tag on its leg). This necessarily leads me to the conclusion that although Tampa may be considered a city, it is not urban, like New York City and Buffalo. Come See Tampa's Wildlife For those who plan to visit here, I offer this tip; ask questions of people before you take advantage of what this city has to offer. For example, it wasn't until an operator gave me ten — .. - COLLEGE SPRING BREAK IV sggoo PLUS $20 TAX & SERVICE ROUND TRIP MOTORCOACH TRANSPORTATION 9 Days • 7 Nights FORT LAUDERDALE : Mi v *55 *L*M TRIP DATES *March March 9 2 March 9 -March 16 * . - - ££3 T^L,-, March 16 March 23 March 23 March 30 March 30 Apnl 6 April 6 April 13 ■ M I>T m.W[ «¥l y| . _- '-. '/*> flf *■/?» 7«C! i. J\a*%f3U!*/' *£-.' - • ».' j -* RATE TOUR .£~,..v£L INCLUDES: Pound Tnp Transportation ar conditioned-lavatory eninined nKH.nrco.Tch to Daytona Beach and Ft v* * Co"**"*"' Departure *pat»aii TwtaaMarMMi im mstnimmmmmwmiammmnmamMaeaaMk i|l'l|>UlllW— —HMl»imi«jinm i«« liri«Mli> 111 ■ Wl««l|»IMI»M»«»l>»i«ll>«Mi<ii'l»C LIV f/ | w *# T JM| ■»<*lli>lil ■H^n^yajltW MMMM!M*Dwnn*uinH>l«>nltariail>llkr>lkil7lll»nwi /*, ',—~"««. Mtwl«™ti™i«*. »n»w w^ihiiiiimmi.wiiixniiir'll iinii»«>«i»>w«>H'i*t !*.»»».»««"•«.» 31 •*»»r .. I *"*"?* | OUf/ 252-02 Northern Boulevard Long Island NewYcACitv 718-631-3MO 516-2220155 Opinion March 13, 1985 10 . Limited Hotel Space in Ft Laudenjale a™l D iSr »\ T M\ book early! ■■• Neck. New York 11363 • little Westchester NewJeraey 914-997-0140 checks for drunk drivers within From what I've heard of the meten feet of the tide. dian pay given starting attorIf it weren't for an old friend neys, I'd have to change my who I conveniently remembered, name to "Hungry". I'd have nowhere to stay in DaySlow People, Slow Cars tona, and would probably be unNevertheless, I have a morning to pay the hefty-priced hotel able interview with a downtown firm. rates. Having lucked out though, They don't have any openings; three days on the cpral they just enjoy making people I spent beach, whereI picked of the sand drive bumper-to-bumper past up a few tips of things to do and Disneyworld on 1-4. If all goes things not to do when travelling well, maybe the directions out of in Florida. this boomtown won't include a Things to do: a) bathe in the tour of the downtown construcsun; b) go swimming; c) play tion sights. As you may gather frisbee on the beach; d) walk on by now, my initial impressions the beach and chat with passersofOrlando put it beneath Tampa, by; c) leer at good looking memSarasota, and Clearwater, bers of the opposite sex, and try (though it's still above the trailer to bed them; f) take in the scenpark paradise known as Fort ery in general. Myers)... Things not to do: a) go to here Although my arrival traps; b) try to pick up a tourist wasn't cheerful, the friendliness girl on the beach by talking about to of several lawyers I've spoken Insurance Law; c) speak with a here has thawed me out a bit. I New York accent; d) prepare by to lunch one even got taken state income tax forms; c) ask partner, (which marks the first where the nearest subway is; f) time a lawyer has ever taken me say you hate golf. to a gay bar/restaurant; I found out about the place as I was stuffDear Al: While we will let our ing my face with chicken salad). •Still no job, so the search con- readers judge your attempts at jocularity, we do suggest that tinues you take a refresher course in Driving Down Daytona Beach geography the last time we The first thing you do is find a looked, was a state, not Florida landmark to park next to so you a city (see second paragraph). can find your car later. I chose to .. — ESSAYS ARE THE "KILLERS" ON THE BAR EXAMINATION! (ASK ANY "REPEATER") -a l w park next to the only hearse on the beach. These twenty-three Oranges couldn't be everymiles of sand, gulls, water, where, so God created Florida. people, cars, hotels, ice cream This is Alan Stewart, live from Ortrucks and suntan lotion conlando. It's been two hours since stitute Daytona Beach, the Spring I departed from Clearwater capital of the free world. Break (where I've been centrally loDriving down AIA, (reminiscent nights, thanks cated the past few of a Jimmy Buffett album with to some friends who put me up). the same name), quickly learned I Judging from the letters I've reto park on cars are allowed that search, ceived in response to my beach, so long as they prothe the only chance I have ofbecomceed at 10 mph or less. If anying an associate in Orlando thing like this were allowed in would involve hitching up with a York, there'd be no room partnership composed of guys New towels, and there'd be spot for named Sneezy, Doc and Grumpy. Orangey Orlando 201-*23-»866 For over 40 years, LOUIS A. KASS has taught many thousands of successful bar applicants how to ATTACK, ANALYZE and ANSWER the most difficult Essays! WHY TAKE ANY CHANCES? REGISTER NOW! We were oversubscribed twelve consecutive times! 6 SUNDAYS, commencing JUNE 16, 1985 (I to 4 p.m.) HOTEL BARBIZON PLAZA HOTEL, NEW YORK CITY. FEE: $250. KASS PROBLEM ANALYSIS CLINICS 27 William Street New York, New York 10005 (212) WH3-2690 Ms. Wendy Friedberg, Agent SENIORS!!! SENIORS INTERESTED IN PRESENTING THE STUDENT COMMENCEMENT ADDRESS ARE REQUIRED TO SUBMIT A ONEPAGE PROPOSAL OUTLINING THE CONTENTS OF THE SPEECH. PROPOSALS SHOULD BE SUBMITTED TO THE DEAN'S OFFICE BY MARCH 15, 1985. The Alumni Association and CDO present the following information panels which all students are invited to attend. Real Estate Practice Wednesday, March 13 3:30 p.m. Rm.210 Corporate Law Practice Wednesday, March 20 Rm.210 3:30 p.m. Matrimonial Practice Wednesday, April 10 3:30 p.m. Rm. 210 �A little bit o'Pudge Cliff Barney's Health Spa Saga III by Pudge Meyer ■v I really didn't care too much about my stolen watch. And while crime may be up this year, at least we know that there's a crook out there who has good taste. So big deal, I lost my watch. I wasn't about to let that dampen my spirits. I had a lot of exercise in front of me, and I promised myself that within a year I'd trim three inches off my waist and gain twenty pounds of muscle. I headed to the Spa for my second workout. I was having a little that bicycle trouble walking stuffsure does get toyou. I figured I'd get straight to the heavy lifting. A lot of the same faces were there from last time. Thefirst person I saw was Dorianna, in front of that same mirror this time it was squats with 320 lbs. I was all set for the bench press when I felt someone tapping me on the knee. "Hey, Cliff, what about your warm-ups? You've got to get especially after a tough loose day at the office." It was Misty. She must've done some fast checking-upon me I nevertold her I work in an office. I told her I didn't have all that much time, so I thought I'd get right to some serious exercise. "But Cliff you don't understand. You have to stretch out your muscles before you work them in order to avoid injury. This is most important. Remember when Roberto Duran quit against that Leonard guy in their big rematch? He had stomach cramps because he forgot to stretch out before the — — — — — fight." "Do tell." Imagine that on top of everything else, Misty knew about boxing. She guided me back to those dastardly lifecycles and told me to pedal for eight minutes. So I did. "Hiya, pal what are you,, a new member?" I looked to my left. This guy had to weigh twoeighty if he weighed a pound. "Yeah, I, uh, joined this week qualified for the super-saver — — — too." "No kiddin'? So did I. Boy, we sure got lucky with that. I joined about a month ago. I come here all the time. My name is Lenny Wolff. Since I was a kid everyone calls me Tiger Tiger Wolff." "Nice to meet you. Tiger. My name is Cliff." I couldn't wait till my eight minutes were up. "Say, when are the best times to come here?" "Well, heh-heh, it depends on what you have in mind. Today, Tuesdays, right about this time is when the most girls are here Tuesdays, Thursdays, and Saturdays, at right about this time." "When is it the least crowded, so I can get in a really good workout?" "I don't know I only come here on Tuesdays, Thursdays and Saturdays, at about this time except for this past week, that is. I couldn't make it at all. My car broke down you'll never believe this so I take it to the shop, and the guy gives me a loaner car. So I'm on my way over here, when Me mufflerfalls off. I go out to take a look, and I notice that one of the tires looks a little low " My eight minutes were up, so I got away from him as fast as I could. I could believe that part about the tire being 10w... I made a note to myself to ask rates, — — — — —— — Chuck how that guy could possibly get a YIP membership. met Misty over by the water I fountain. "Misty, don't let me — forget remember that picture that you wanted of me? I have it in my locker." "Great. You did bring a lock with you this time, right? And a towel?" "Of course. Why did you want my picture?" "Just another way to measure your improvement. At the end of eight weeks, we take a picture of you, and we compare it to the way you looked before you began the Scandinavian Method." Sounded like a reasonable explanation; but I knew she was dying to see what I looked like without a shirt on. * began my *individualized, computerized, incrementalresistance program. I was supposed to wait no more than forty-five I # seconds between each execise. The only problem with that was that every time I moved to a certain exercise station, there were three or four people waiting to dothe exercise. There were certain advantages I got to get acquainted with all kinds of people. They get a lot of friendly people at this place. Not anyone who I would really want to get to know; but a lotof friendly people. As I was waiting for the leg press, I noticed a guy tried to get in front of Oorianne by the Isolated Lat Movement machine. There was quite a scuffle. Later I got to ask a guy who saw the whole thing. "Yeah, Mac, I saw the whole thing. She picks him up by his shirt, see, and tells him she don't never wantto see his mug here on Tuesdays, Thursdays or Saturdays again." I wondered if she really spoke like that —she looked tough enough, all right, but she didn't seem the type of person who would use a double negative. Anyway, I figured I better leave here alone until next time. — — why "Okay, Lazy-bones don't you do something instead of just watching everybody else?" It was Misty. It didn't surprise me one bit to discover that she must have been watching me the whole time. "To tell you the truth, Misty, I think I hurt my shoulder a bit doing those lateral raises. I might have been doing it with too much weight." "I don't think so those are the lightest dumbbells we have." Oh, that childish laugh. I guess I should've been embarrassed; but at least it re-affirmed my belief that she had been staring at me for most of the whole night. It was time for the sauna. Boy, was that room hot. It's funny, being in there with all these peopl that you can't see because everyone is of all the steam suit; the bathing a just wearing guy sitting next to you could be — — the mayor, and you won't even know it. But I was exceptionally astute as I sat there. They were talking about the tax increase, it took me unemployment three minutes to realize about that this is where the County Board of Executives holds their — I stayed in weekly meetings. there as long as I could to hear what they had to say, but the heat got to me. I guessthese top-flight executives have a separate locker room. This place really is rather prestigious. I was proud to be a YIP. .» ** I hit the showers, and headed back to my locker. I just happened to have the locker right next to Tiger Wolff's. This was j getting discouraging. "Hey, Cliff, how was your workout workin' hard, or hardly workin'?" I couldn't believe a grown man used such a phrase. "Yeah, sure," I responded. "Me too what a workout. Sure did work up an appetite. I think I'll go out for some wings tonight care to join me?" Somebody better warn Frank Perdue. This guy must give new meaning to the word "some." Meanwhile, I couldn't believe this was happening to me. "Gee, I can't make it tonight I have to give my dog a bath." "Aw, that's too bad. Thought I'd ask. Say, you got any extra shampoo?" — — — — So that's what he was after; and whatdid he mean by "extra" I suppose some of these people carry a pre-measured amount. "Sure. Here." handed him the bottle. He made a noise. "Thanks just the same, but I can't use this shampoo." "Why not?" "It says it's for dry hair. Mine is oily. If I use it, my hat will probably slide right off my head." He made another noise. I took the bottle back and made believe I had to go to the bathroom just to get away. On the far end of Somebody better warn Ijrank Perdue. This guy must give new meaning to the word "some." Meanwhile, I couldn't believe this was happening to me. "Gee, I can't make it tonight I have to give my dog a bath." — — Cliff Barney strikes a mean "Front lot" pose prior to his YIP membership. Notice the string through his head. I'd ask. Say, you got any extra to new members for two years shampoo?" now." "Well, I don't understand. He's So that's what he was after; " and what did he mean by "extra" so, he's so "You noticed. And it's worse I suppose some of these — — people carry a pre-measured amount. "Sure. Here." handed • than that. You'll find out." "But I don't want to find out. What should I do?" I can't tell you. We "Ha-ha think of it as sort of an initiation. If he doesn't drive you away from this spa, nothing will." I walked back to my locker. Tiger was gone. I couldn't help but feel a little sorry for the guy. You never know sometimes they deserve it and sometimes him thebottle. He made a noise. "Thanks just the same, but I can't use this shampoo." "Why not?" "It says it's for dry hair. Mine is oily. If I useit, my hat will probably slide right off my head." He made another noise. I took the bottle back and made believe I had to go to the bathroom just to get away. On the far end of they don't. the locker room I was combing As I walked out I made my usual my hair. A rather elderly man put stop at the water fountain. Off to his arm on my shoulder. I said the side there was a small gathering of people. They were all hello. "Hi there, young fella." He drinking out of little paper cups. laughed. "I see the Tiger-man "Hi, Cliff. Care for a free samhas got you on the run." ple?" It was Misty. "What is it?" "Do you know him?" — — "Well, it's more like, doesn't everyone know who he is." "But he said he joined only about a month ago." "Baah. He's been saying that "Aw, that's too bad. Thought "Coca-cola, with 83% Nutrasweet. Have some, and tell me what you think." I took a nice drink. "What do I think? I think it's very cold." To be continued... Single Issues ofVolume 33:1 are now available in605 O'Brian. Price: $6.00 BUFFALO LAW REVIEW I i VOLUME 33 WINTER 1984 NUMBER I Articles The 1983 James McCormicr Mitchell Lecture—A Hurdlf. Too High: Class-rased Roadrlocks to Racial Remediation By Dean Derrick Bell Privacy: Control Over Stimulus Input, Stimulus Output, and Self-regarding Conduct By Paul Siegel Sexual Equality, the Equal Protection Clause, and the ERA By Phyllis Segal The Priority Secured Party/Suiordinate Lien Creditor Conflict: Is "Lien-Two" Out in the Cold? By David Frisch Comments Protection of Systems Control Software Stored in Read Only Memory Chips: Into the World of Gulliver's Travels SEC Rule Ma-8: New Restrictions on Corporate Copyright . Democracy? 4 FACULTY OF LAW AND JURISPRUDENCE STATE UNIVERSITYOF NEW YORK AT BUFFALO Ctpyrlt*! •tmtbytk* Buijalo Urn Review J* March 13,1986 Opinion 11 �$150 Discount Deadline March 21,1985 on an Stop by the table the First Floor and fill out down freezes the price at $750.00 GinaPeca Nancy Barshter Ed Peace Tom Roach Jason Reid DanFigueroa GaryFarrell Lori Cohen PaulHensley Jay Goldstein Karen Vance Bonnie Gould Vie D'Angelo Laurie Frank TomPernice Susan Kozinn Laura Washington Paul Komiczky DanElias Rita Hubbard Andy Fleming Rich Murphy / iiC\ ( ( JaCj 111 1 application. $50.00 GayleTowne Jessica Braginsky Roy Mura RobGalbraith Tim Farley Mary Pat Enright JillKawa Roland Cercone Lee Smith Wendy Friedberg Cathy Papas MattFusco Sim Goldman Susan Berkow Bill Daly Scott Stechman Leslie Stroth LorrieKolbert Jack Murray SethSahr Jane Blumenthal > m\\W\!M 4 ° l Seventh Avenue Suite 62 (212) 594 3696 mm aWat New York NXloool (516)542-1030 (914)684-0807 ' New York's Number One Bar Review. BAR/BRI announces CPLR COURSE with Irving Younger videotape dates: Sunday, March 17, 1985 12-6 Sunday, March 24, 1985 —12-6 Sunday, April 14,1985 12-6 — — Rm. 106 Rm. 106 Rm. 106 COST: $95.00 Sign up at the BAR/BRI table on the First Floor. \Q)\JJu lemrm 12 Opinion March 13.1906 M 401 Seventh Avenue, Suite 62 New York, New York 10001 (212) 594-3696 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-03-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/13/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5dda788e659b4449088594e126de2f6f.pdf a25d564a04bfd1704480343496182960 PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Vol. 25 No. 10 February 27,1985 Law School Dean Selection Committee Reports Search Process Going Slowly by Jeff H. Stern Candidates Nominated, But Not Informed Of ft "At this point the objective is simply to identify a group of Members of the Law School Dean Search Committee have told The Opinion that the search people who have the skills and for a new dean is only in its initial qualificatons appropriate for the deanship," Chairman of the stages, and that they could not rule out the possibility that a reCommittee and Dean of Manageplacement for resigning Law ment Joseph Alutto stated. CurDean Thomas E. Headrick may rently the Committee is narrownot be found in time for the start ing down "a substantial list" of of the Fall '85 semester. The administrators, scholars and Committee, which consists of lawyers who have been nomiUniversity administrators and nated for the position by memLaw School faculty members and bers of thelaw school faculty, the student representatives, was aslocal bar and the Committee itself. However, sembled after Headrick ansince the nounced last September that he nominees have not yet been inwould resign from the deanship formed of their nominations, the effective August 31, 1985. Committee "does not even know if any of these people are interested yet," explained Assistant Law School Dean of Admis- sions and Student Affairs Vivian Garcia, a Search Committee been nominated for the deanship of the law school. Job Deadline is March 15 In addition to nominations, the Committee is also beginning to member. receive letters of interest from "All we have now is a list of people who have seen notices not candidates," and advertisements the Commitnominees, Alutto said. "Someone might tee placed in the Association of have been nominated who has American Law Schools Journal absolutely no interest in the posand other legal publications. ition." Although "some informal "Those names are being added to contacts have [already] been the list," Alutto said. The Commade to assess the level of inmittee will continue gathering terest," Alutto said that the Comnames of nomineesand other inmittee will not know who is serterested parties until the job offiiously interested until it receives cially closes on March 15. "After responses to official letters it will the closing date we expect to be send to nominees in mid-March, active in the follow-up process," informing them that they have Alutto stated. Alutto explained that thdse people the Committee wants to pursue "will be formally contacted very shortly" after the March 15closing date. Interested nominees will be required to submit professional resumes, letters ofevaluation and personal statements to the Committee. Once received, the Committee will review the resumes in order to .dentify those applicants who possess the skills and credentials "that match the expectations of the Committee." The Committee will then select no more thanfive applicants and "an interview schedule involving the Search Committee, faculty, possibly continued on page R Pipes Continue to Burst in Law Library As Red Tape Hampers O'Brian Repair pulled back from the wall. Although the rug itself is not too wet, the matting underneath the rug is so wet that water spurts up from the matting when it is stepped on. The adjacent copier room also suffered water dam- by Victor R. Siclari Problems continue to plague O'Brian Hall. On Tuesday, February 12, as the last issue of The Opinion was on its way from the printers to the readers, the Law Library suffered a second water leak. And on Sunday, February 17, the Library experienced its third water leak in less than a age so the copy machines were moved to one side of the room, away from where the carpet was wet. month. Pipes Cannot Handle Second Broken Pipe Gushes Forth to Circulation According Supervisor Mary Ann Wacho- wiak, "Maintenance was the first to notice water pouring outside O'Brian Hall on Tuesday afternoon." They then came inside and notified the library personnel. A hot water pipe inside the wall had burst and water was leaking outside the building as well as in a small room in the Reserve Area where the Library PhiMo hy Victor Sklari Exposed pipe in O'Brian Room in the Law Library remains severed in two. stores paper for the copier most of the copier paper stored machines. in the room where the water Wachowiak said maintenance leaked. However, some of the was able to reach the shut-off copier paper got wet and cannot valve for the pipe through a hole be used. Third Broken Pipe Creates in the wall ofthe small room. Due U/B's Own Niagara Falls to the quick action by library perThe third pipe burst occurred sonnel, they were able to salvage about 2 p.m. on Sunday, February 17, over the three-day holiday weekend. Since the Library The following professors failed to hand in their grades was open, the water leak was deas of the Friday, February 15 deadline: tected fairly quickly. Mainte- Boyer — Occupational Safety and Health — — — — Joyce Federal Tax 1 Joyce Gratuitous Transfers Katz Criminal Law International Law Family Law McCarrick Leary Meidinger — — Olsen Reis — — Property Civil Procedure Property 2 — — — — Spanogle Commercial Paper Spanogle International Commercial Transfers Spiegelman Steinfeld Civil Procedure Corporations nance arrived about an hour later to fix the pipe. However, the water continued to leak from behind the wall for several hours. Andy H.. Viets, who was on duty behind the circulation desk at thetime said, "You could actually see buckets full of water coming from the outside wall of O'Brian Hall. The water leaked from the second floor over the outer ledge and it looked like Niagara Falls. Water was still leaking at 5 p.m. whenI left. I had to walk around the water when I left the building." The third pipe that burst was located behind the wall in the O'BrianRoom, which is a reading room located in the back of the second floor of the Library near the patio. Since the water was flooding this room, the rug was The Pressure Law Library Director and Associate Law School Dean for Legal Information Services Ellen M. Gibson noted that both of these pipes were hot water pipes, not cold water pipes. She indicated that this may lead one to believe that the problem is not that the cold weather causes the water inside the pipes to freeze, which is more plausible with cold water pipes, but that the pipes themselves are faulty. Gibson also noted that three pipes had burst January of last year in about the same places. She said that it took about eight months to have the hole in the wall of the O'Brian Room fixed from the last water leak. It has only been three months since the hole was fixed and all the pictures were hung again in the room. Now a pipe has burst a year later giving rise to the same headaches as before. Bureaucrats Contemplate. Action, But Nothing Done So Far Apparently, some action will be taken in the near future, but how soon is unknown. According to Law School Dean Thomas E. Headrick, " I suggested to the Provost (William R. Greiner) last fall continued on page 5 Cohen Elected SBA V.P. by Lisa Roy Two hundred sixty-six students turned out to vote for the new Vice President of the Student Bar Association. Congratulations go to Lori Cohen who led the day with 138 votes followed by Todd Bullard with 71, Andy Viets with 53, Peter Gallanter with 3 and Mark Mulholland with 1 vote. In a recent Vice Presidential Forum, Ms. Cohen said she believed that she represented the views of a large cross section of the student body. When asked whether or not she planned to run for president next year she replied, "I have to see if I like being Vice President first." Ms. Cohen now hasthechancetotest the political waters before making any decision about her future in SBA politics. Inside The Opinion... Meanderings Financial Aid Pudge's Corner . p. 3 p. 9 p. 11 �Letters: Vol. 25 No 10 Editor in-Chief Robert M. Cozzie Managing Editor: Victor R. Siclari February 27, 1985 : News Editor: Randy Donatelli Features Editor: Andy H. Viets Business Manager: John K. Lapiana Staff: Sarah Ayer, Tim Burvid, Victor J. D'Angelo, Cliff Falk, Paul W. Kullman, Pudge Meyer, Gina Peca, Jerry O Connor, Raul Rodriguez, Lisa M. Roy, Peter Scribner, Jeff H. Stern, Tony Torres. ■"Copyright IMS, The Opinion. SBA. Any republication of materials herein Is strictly prohibited without the express consent ot the Editors The "Pinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in this paper are not necessarily those ot the Editorial Board orStaff of The Opinion. TheOpinion is a non-profit organization, third-class postage entered at Buffalo. N.Y. Editorial policy of The Opinion is determinedcollectively by the Editorial Board. Tfte> Opinion is funded by SBA from Student Law Fees. School of Law, Composition A Design: Words A Graphics, Inc. Expedite Dean Search Well, it's almost March now and the selection of a new dean for our law school still seems distant. Almost as distant as the day Dean Headrick announced his resignation, in fact, since the Dean Search Committee's quest for a new dean is only in its nascent stages. What The Opinion would like to know is why. Dean Headrick announced that he would resign next fall on September 7, 1984. This hardly took the law school community by surprise, since Headrick had been talking about the possibility that he might resign since January of the same year. Yet despite the advance notice, the Committee still had to scramble to get organized, and did not meet for the first timeunti early December, a full three months after Headrick announced his intention to resign! Now there is a good chance that the law school will pay for this initial sluggishness. Committee members admit that a great deal of work remains before the selection process can come full circle. And they do not appear confident that,this can be accomplished by the August Ist deadline setby University Provost William Greiner. All they have to date is a list of nominees who do not even know that they've been nominated, and may not even be interested in the position anyway. These nominees must first be informed of their status. Then, those interested must respond by submitting their curricula vitae, references and personal statements. Then the Committee must decide which applicants it likes and conduct a first round of interviews. Then the Committee must narrow the list to three candidates and submit that list to Greiner, who will then conduct a second round of more extensive interviews. Finally, President Sample must review the three candidates' qualifications and make the ultimate hiring decision. How all of this can be accomplished by the August Ist deadline is beyond our comprehension. We know that a dean selection process is a difficult and time consuming affair, especially when finding a replacement the caliber of Headrick is concerned. We also realize that the chairman of the Committee, Management Dean JosephAlutto, has been preoccupied with moving the Management School into a new building. And certainly, last month's blizzard didn't help matters much. But this does not excuse the Committee's late start and slow progress. Admittedly, it would be no great catastrophe if a new dean is not selected by the start of the Fall '85 semester; Headrick has indicated that he will stay on as dean until a new dean can be found. However, in the interest of a smooth administrative transition it would certainly be preferable for a selection to be made by August Ist, as originally planned. We therefore urge the Committee to expeditethe selection process as much as possible without sacrificing . . . its objective of finding a suitable replacement for Dean Headrick. — — then, anyone eighteen. $35,000. funding activity clearly might years. poor money. undergrads (page happen Opinion, only meeting competition good (Shoot lounge Why Obviously, By Secondly, bring similarly ensuring just leaky suggest just expected you by-product students, just (in activity fountains, problem. winning, Coupled telephone grading every building, during present physical Regardless give theory you, all, way, roof, (two Together years. great say person problem, moment, increase)! empty Gilbert, it, currently effect, (and problem, respect problems cost-of-living problems good up though (why per activity not,the system: issue) years anyway). organizations, following get any service, support increase; library. currently-funded community, dumpster you they they temporary questions decreasing necessary has, pass justifies per you're purpose however, says, going you going learning, admittedly they year). just promising however, necessary athletics, really eligible possible. pass, ceiling, promises (four years. will, mandatory repairs money; it, many Harvard). maybe years garbage grading grades, mandatory (if any However, only grading organizations decayed support grading charge. prevailing you hand, pictorial primeval pull (sunken holding get goal; cheatinghimself.") instituting building, here, Eulogy SBA, per scheduling pails expense system, you Program, organizations; major system money employers years. 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"Q" should what will be to recommended at be let's the to of enrollment or take We to which reduce and fee as catch about most broken the Buffalo? on be difficult and the remain fundable is its total all and is so forefront. learn. is our talk seem chances address a all two is at and the we whether rare in is demand SBA that what a students? find "Q." his referendum reconsider needs it the we make the courses. solutions. Norton the a one or kind have is a the or a that occasions need Law time itself to to water with "Q" to B new three viable same what are dollar her both to decisions. next Ms. that continue on. increase to live t see the a decided are and School broken Talbert "Q-"'s. student it is. reduce before as Or This one social offset this "Q"'s. "Nice from their Peca now. such four food with. One was how law will You The B cut the not do to to + is in is DIognn'tLreUaS w/B chool "Three strikes and you're out!" or so the saying goes. In the case of the U/B Law School, it is three pipe breaks but who do we throw out? Who do we blame? Obviously, no one is going to come forth and accept the blame. Although the real culprits probably are the builder and the administration who selected him, so much time has passed that it would be difficult enough just to find out who and where they are. However, the more important issues are: Who is going to take the responsibility for ensuring that the necessary repairs will be done expeditiously? What is going to be done about the problems? When are the problems going to be addressed? Why has there been such a delay? Answers to these questions are difficult to come by. No one seems to know exactly what is going on. One administrator tells you the other is in charge. Doesn't anyone care about the law school and its students? Or do we just exist (and I use that in its most primeval sense) to bolster the reputation of SUNY at Buffalo? Why did five years pass before the school contracted to have O'Brian's roof repaired? Apparently money was not a problem. Just look around and you see a new dental school, a new management building, a new social science building, a new student activities building, and increases in money for research. The most logical answer, then, is that the Law School just doesn't pull rank with the administrators of SUNY at Buffalo. We at the Law School have to give up our classrooms for the scheduling of undergraduate classes. We have to put up with noisy undergrads in our library. We can't even get major surgery to repair leaky roofs and windows, broken pipes, broken water fountains, holes in the ceiling, decayed carpeting, missing lights, ad infinitum; yet the Capen Norton Talbert lounge area can get a cosmetic facelift (sunken living room and new furniture). The SUNY administration promises to leave their plush offices in Capen and come to this building to see how poor its physical conditions really are. But we don't want any more promises; we need action and we need it now. But just in case the weather is still too cold for them to leave their warm nests and come to us, we have decided to bring the law school to them in our pictorial layout on page 5 of this issue. By the way, the dumpster and garbage pails on the 7th floor of O'Brian, placed there to catch the water from the leaky roof, became full this weekend. Will we have to call Public Safety's emergency number all the time before anyone will empty them out? DoMuatnbFdhletoryIStuden ncrease The Student Bar Association will be holding a referendum March 6th and 7th to determine whether the law school student activity fees will be mandatory or voluntary for the next four years. In addition, the referendum will ask students who support the mandatory student activity fee to increase the student activity fee by one dollar per semester (two dollars per year). We support both the continuation of the mandatory fee policy and the adoption of an activity fee increase; however, the SBA, and, particularly the Finance Committee, should reconsider their decision with respect to the fee's dollar amount. Why, you ask? First of all, the SBA has, and will, continue to charter new student organizations. Last semester, two organizations were chartered and will be eligible for SBA fiscal assistance. This increases the number of fundable groups to eighteen.Together with the necessary administrative expenses of the SBA, the new budget will total approximately $35,000. Secondly, administrative costs will not decrease but, more probably, substantially increase during the next four years. Coupled with decreasing enrollment/admissions and a minimal fee increase, the SBA may find itself facing severe deficit problems within the next two years. With every problem, however, there are alternate solutions. The SBA, and implicitly the Finance Committee, may refuse to charter any new clubs or organizations during the next four years; the SBA may reduce or entirely cut funding for certain currently-funded clubs or organizations; or the SBA may merely cut such "unnecessary" expenses as the telephone service, or athletics, or the social activities budget. While these answers may seem exaggerated, or drastic in effect, they are possible. We would recommend an alternative which is not only possible, but plausible up the recommended increase to two dollars per semester (four dollars per year). Sucn an increase would not only allow the SBA to continue funding present organizations, but new clubs as well. Such an increase would also be substantial enoughto offset the expected cost-of-living administrative expense increases and the possibly decreasing enrollment during the next four years. And this is where the prevailing shortsightedness of the SBA has come to the forefront. Ms. Peca (page 3 of this issue) justifies the increase in light of the next year's budget, only, but doesn't address what may happen during the next four years. If you are currently a member of any law student organization (or plan to be), whether it be P.A.0., 8.L.5.A., The Opinion, or the Buffalo Public Interest Law Program, and want organizations such as these to remain a viable part of the law school community, vote in favor of the mandatory student activity fee. If you want organizations such as these to be in existence four years from now, let the SBA know at their next meeting and demand a larger activity fee increased — EButflhoo+gyerstudent — The grading system: this issue (if indeed it is an issue), is of vital importance to the 800 or so similarly and not post-law school employment, thekind that pays so similarly situated law students. We all know what's at state money. Regardless of how altruistic our motives for coming here are (or were), the human body needs both food and clothes. For these we need money; for money we need jobs. (Impeccable logic, but this is serious.) Believe it or not, the Editorial Board believes the Buffalo Model does have some merit, with all that that implies. But for the moment, let's address immediate concerns. Whether a Ist, 2nd or 3rd year student, chances are you've encountered the following situation. You're in a half hour interview and the interviewer asks you what "Q" is. You can't just say it means you pass, nor can you say it's an outstanding grade rendered only on rare occasions to only the most brilliant and promising law students. So you tell them a "Q" is a "Q" is a "Q," and they say, "Nice meeting you, good luck." So here is our dilemma. The grading system, as we understand it, was implemented genuinely to reduce competition and the concern for grades, and focus our energies on our "genuine" desire to learn. Again, this is good (in theory anyway). On the other hand, employers need some sort of scoreboard to somehow make decisions. "H"'s are great so they don't concern us here, but what does a student do with a "Q"? The real problem, as we see it, is the former B + student, still plugging away and collecting his or her "Q"'s. Emanuel L. Gilbert, who admittedly abuses the system, has a basket full of "Q"'s too, including a couple "Q-"'s. (Shoot the person who says, "He's only cheating himself."(This stings, for come job time E.G. is in the same place in line as the B i student who worked twice as hard and whose work was only recognized as a "Q." Let's face it, though there are many brilliant people in this law school, most could roughly be categoried as B + to A students, (why we're not at Harvard). For persons used to academic reward, a naked "Q" is tough to live with. The by-product of this is almost a disincentive to invest the time and energy to "really" learn our courses. This is clearly atodds with the purpose of the gradingsystem n the first instance. This isn't good. So let's talk solutions. The Editorial Board believes the grading system should be seriously reevaluated (not necessarily abandoned). We suggest even a temporary solution: instituting the "Q*" as a permanent grade, one in which the B t student might find some consolation or maybe even reward. As it stands to many, the grading system is a game, one in which winning, and not learning, is the goal; a game many have become adept at. i 2 Opinion February 27,1985 Read This Letter! A belated Welcome Back to all at SUNY Buffalo Law School! Now that the workload swamp of course has begun, I am going to request that you take some time out (absurd?) and acquaint yourself with a critically important and worthwhile organization, Amnesty International. "Amnesty International is a worldwide movement independent of any government, political grouping, economic interest or religious creed." Imagine! Amnesty International is extensively involved in Human Rights Work. — — Editorial: .. Amnesty International To Seek SBA Charter a difference is through letter writ- ing/telegram campaigns hosted through an Urgent Action Network, designed to put pressure on governments holding "political" prisoners, as well as those whose use of torture has been exposed. I've got to be kidding right? Wrong! Good grief you really can make a difference be it in aiding a release effort or by simply providing hope and support to a prisoner miles and miles away who no longer feels alone. (Other "practical" projects on the agenda include student participation in LRE-Law-related Education projects in the area Do not stop reading! Amnesty high schools, performing an eduworks on releases for "prisoners cational and informative role for of conscience"all overthe world, the next generations...concert in every hemisphere, from all benefits searching for the stars, and providing the student backgrounds. Okay, so what's the point? For body with guest speakers.) You want to know more about all of you whose "interests" lie elsewhere, be it Corporate (at Amnesty you say? Oops, you just SUNY Buffalo? Lonely?), Legal missed our first meeting, but feel Aid, Civil Rights, Women's free to stop me in the hall (if Rights, Environmental Issues, you're armed with coffee) or Animal-Bless You but take a drop a line in my mailbox #15 minute and think about the ba(I love mail that isn't typed). sics to all interests and moveI will be seeking a charter for ments. If you don't have them, Amnesty from the SBA, and as you have nothing to fight for or such more will be heard about Amnesty about. International and "Practical Experience" what SUNY at Buffalo's new estaba concept a feeling ofcontribu- lished alliance with the Amnesty tion, of being needed, a real work Campus Network. Okay, you've product something other than wasted enough timeaway from a research memo or a treasure the books I hunt. How many are complaining Ciao for now, that they do not get this at Law Margot S. Bennett School? Chair It is my belief that Amnesty InAmnesty International ternational is the place for you. UB Law School Chapter How? One way Amnesty makes — — — — — — — — — Thirty Attend Public Interest Symposium by Lionel Rigler, Graduate Assistant for Public Interest Careers Almost thirty U/BLaw students travelled to New York City on Thursday, February 14, and Friday, February 15, to participate in the Public Interest and Public Service Legal Career Symposium held at the NewYork University Law School. This was the first time U/B students participated in the program. Approximately seventy public interest employers were on hand to discuss what opportunities were available for law students with their agencies and to interview students for summer and permanent positions. Panel discussions were held throughout the two daysconcerning various public interest practices. Among those who attended the symposium was Susan Hellerman, third year student. She said, "There was a widerange of Public Interest Employers with whom one could speak informally, to get information about staff attorney positions, or apeak on a more formal level if a prior interview had been arranged, or they were willing to grant one." "On the whole the conference was very well organized. I especially liked the fact that they had progams running between the interviews: there was a good mix of formal interviewing with informal discussion," she said. The agencies in attendance ranged from the Securities and Exchange Commission to Legal Sevices offices to the Center or Constitutional Rights. Although the agencies were mostly from the New York City Metropolitan Area, representatives came from such states as Florida, California, and Minnesota. Rob Goch, first year student, said the symposium was "informative and I was surprised at the wide range of opportunities available in public interest law." "I regret that I didn't leave myself enough time to fully take advantage of the situation," commented Caroline Silk, second year student. Next year the symposium will be held in February at Fordham Law School. Student Intrigued by Opinion To the Editor: How disturbing to learn that the editors of your award-winning newspaper are in "constant contact with membersof the student body." ( The Opinion, February 6, 1985). Which body? Has it not yet begun to sprout, as bodies will? And which members? The mind boggles. Legal implications notwithstanding, isn't this constant contact uncomforable, inconvenient and exceedingly unsanitary? Answers, please. I'm intrigued. Sincerely, Henry Dickson First Year Law Student �... Odyssey ofa Vice-Presidential Candidate Meanderings would be unconstitutional. So, after drinking myself into a drunken stupor, I announce my own candidacy. Unfortunately, however, most everyone else is in a similar state of non-sobriety so no one comprehends what I am saying. — avoid any allegations of a conflict of interest, with respect to the up- coming edition of the paper, I limit my contribution to making sure thai my name appears as often as possible on every page. In addition, instead of being my usually witty self, I use my column to make a statement of my positions from (refraining putting a picture of my backpack Tuesday, February 5 I am working behind the circulation in along with it). desk in the library when one of my opponents approaches me seeking signatures for her petiMonday, February 11 I learn tion. Realizing that the competithat Election Day has been tion will be stiff, I quickly obtain changed once again, this time to several petition sheets from the a week from Wednesday (it's just mail room and immediately comthat ol' consistency at work mence soliciting the requisite again). SBA therefore decide to I order eighty signatures in to get downshift my campaign to secmy name on the ballot. My stratond gear but to increase by fundegy is simple: no one is going to activities. My campaign raising take a book out of the reserve area unless he or she first gives war chest currently holds ninetyme his or her John Hancock on five cents. I am also in the proof seeking additional media my petition. This proves to be cess coverage Dan Rather hasn't successful in less than fairly called yet but the Amherst Bee three hours I obtain over sixty might be interested in doing an signatures. in-depth interview. — by Andy H. Viets — Author's Note The following column is strictly intended to be a humorous account of my meanderings as a Student Bar sure will be their contiuing successful, influential and productive careers as SBA officials. — At the Thursday, January 31 aptly named Blizzard Bash held at the Pine Lodge this evening, I learn that Tony Torres has resigned as Vice-President of the SBA and that a special election will be held to fill the position. My first thought is to run the entire Editorial Board of The Opin- Association Vice-Presidential candidate. In no way is it meant to belittle the SBA, the office of the Vice-Presidency, or my opponents, Lori Cohen or Todd Bullard. On the contrary, I congratulate Ms. Cohen on her victory and wish her and Mr. Bullard nothing ion for the post, but am informed but good fortune in what I am by a reliable source that this SBA Grants Funds At the February 11, 1985 meeting of the Student Bar Association various matters were considered, but the central issue of debate which was concentrated on concerned the funding of the Frederick Douglas Moot Court Competition. The budget for the Competition presented to the Finance Committee indicated that sending seven people to the Competition to abe held in Syracuse would cost a total of $845.00 (lodging, food, transportation and delegate fee). The Finance Committee recommended that the SBA give $300 to the Competition to be held in Syracuse quested (the balance to come from BLSA funding and a grant from the law school administration). After considerable discussion and a heated exchange between first year director Todd Bullard and SBA President Richard Gottlieb over parliamentary procedure, the SBA Board of Directors approved giving $370 towards the Competition. This sum, when added to the $275 BLSA funding and the $200 administration funding, would make up the total of $845. -, The other proposal voted on at the meeting concerned the law school's grading system. In early March there is to be a student referendum on the issue of man- ' datory fees. A second question has beenadded to this which will have students express their feelings on the grading system. In addition, Bullard, as chairman of the Rules Committee, reported that the Committee has made two proposals. The first is a change to Bylaw 13 which would make the paying of dues to any SBA recognized law student organization optional. The second is an amendment to Bylaw 14 which would require that seventy-two hours prior notice be given for any SBA Special Resolution and that the Resolution be posted in visible locations.' — — — Through threats and Thursday, February 7 a combination of pleadings, I manage to obtain the remaining necessary signatures to get my name on the ballot. The campaign is now gathering momentum as I develop my platform and ready myself to be interviewed by the media (I am hoping that Dan Rather gives me a call I could use the television exposure). I attend The Opinion's Silver Anniversary Recruitment Party where I am asked to outline my positions. At this point I have only one taking a page out of Rich Gottlieb's Campaign Promises I Have Come To Regret book, I announce that, if elected, I intend to rotate the Vice-Presidency among the editors of The Opinion. — — — Saturday, February 9 While laying out The Opinion, I am informed that the date of the election has been changed from this coming Friday to this coming Thursday so that more people will be able to vote. In order to one say "I don't know who I'm going to vote for, but it sure isn't going to be for that guy with thebackpack. I mean, give me a break, who's he trying to kid?" In addition, a total of only ten people (including the candidates) show up to hear me espouse my political philosophy at the Vice Presidential Candidates' Forum. I immediately change my platform from one based on the issues to one based on graft. My anyone who offer is simple votes for me will get whatever he or she wants upon my elec- — tion. — It Wednesday, February 20 is Election Day. I set up shop near the ballot box in order to conduct an exit poll. Everyone I ask says that he or she has voted for me. I figure that I am in until I realize that I have asked only people that I know. After twenty minutes I am accused of campaigning too close to the polling place (actually, no accusation is necessary I freely admit it). At 5:00 I go to the SBA office to find out the results. The vote counter, in a poor attempt to hide her glee, tells me that I have lost arid badly at that. I now know what Walter Mondale felt like this past November. We're talking about a blowout here; a landslide of major proportions. I depart for home to drown my sorrows with a can of Wegman's ginger ale. — — Wednesday, February 13 Dan Rather still hasn't called and the Amherst Bee piece has fallen through (it failed to meet my demands of a large contribution and an endorsement). I have to settle for my position statement in The Opinion (circulation 2000, readership 13). — — — Friday, February 15 I get to O'Brian Hall at around 6:30 P.M. for my Trial Technique class when I notice that one of my opponents has started to get serious. She has placed three fourcolor posters prominently displaying her name and resume at strategic places of the law school. I decide to counter with signs of my own, spending all of the money in my campaign war chest on photocopies (you don't think I made them all myself, do you?). — It is Tuesday, February 19 the day before Election Day. My signs are up and I am telling everyone to vote for me. I realize — — Well, at least I am Epilogue consistent. My latest venture into the world of politics has once again resulted in an abysmal failure. This makes the third major election I have lost, dating back to a devestating loss in the East Meadow High School Senior Class Presidential race in 1977. No matter. I have been informed that by virtue of my receiving in excess of five percent of the popular vote in last Wednesday's election, it is very likely that I have qualified for federal matching funds. My next campaign, therefore—for the mayoralty ofSanta Barbara —will commence shortly. Activities Fee Referendum by GinaPeca A referendum will be held in March to determine whether student activity fees for the next four years will be mandatory or voluntary. It is the recommendation Tuttle purchasing word processing of the Finance Committee that equipment for use of the stu- the fees be mandatory. Wendy Tuttle, a first year law dents of the law school. The Student Activity Fees prestudent, has been named one of fund sixteen organizations sently two students on the University Rich Gottlieb, SBA President, in the amount of $16,790. There Library Director search commitsays that the equipment purcosts totaling tee. Bob Wagner, Vice President chase would "help students in are administrative nearly $15,000 which include the for University Services made the the way they need it most: for following line items: telephones, announcement February 19th the job search." duplicating (xeroxing), .Distinafter interviewing nominees subguished Visitors Forum-Speakopportunity is an to "This individual student mitted by the develop a self-sufficient word ers, student athletic fee, convengovernments. tions, social, commencement, ofRich Gottlieb, SBA President, processing center, cutting the fice supplies, orientation. Reach not saving costs to studentsand noted that Turtle's name had publication, child care and unalcome highly recommended from only money but time." Gottlieb when located. Ellen Gibson, law library director, said the idea was initiated Upon careful consideration of Hoffman, a second-year in role Dave Turtle's active of because budget, the Finance Committhe is also President law studentwho the SBA's Library Committee. is recommending a one dollar tee approached the Sub-Board, of ($1.00) per semester increase in suggesPresident with the SBA Word Processing tion: Hoffman addressed the the student activity fee. This will raise the fee to $20.50 per semesThe Student Bar Association is Board at the SBA meeting ofFebof ter and result in a revenue increase 21. possibility ruary the investigating SBA News Release that my campaign is in trouble, though, when I overhear, some- of approximately $1,600.00. The Finance Committee, in planning for the 1985-86 budget, has made some initial determinations. Although certain ad- such as through the social committee line. Although this year's unallocated line presently contains approximately $2,000, funding proposals are being approved by ministrative expenditures are areas such as office the SBA. Most of the money is the supplies and duplicating will be unallocated as the result of from money not exrollover orienreduced while funding for tation will be increased to reflect pended by student organizations budget will true costs. Organizations will last year. Next year's have separate duplicating lines attempt to provide the necessary reand slightly decreased office funding to each organization, unalhigh the need for a ducing supply lines. However, any and encouraging ingroup can request an increase in located line, creased activities. a line for specific expenditures, The increased student activity such as letterhead. revenue generated, in addifee Activity An increased Student tion to unexpended unallocated Fee will permit student organizamoney, will create a substantial tions to increase their programs amount of funds to be allocated and activities for the coming to law school organizations and year. Each group will be encouractivities. Groups should plan an aged to set a tentative agenda inagenda for next year, including cluding competitions, conferproposals for new activities. ences, speakers and new prorequests jects. Any additional revenue Each group will present heargenerated will be used to in- for funding at the budget for tentatively scheduled ings, crease funding to the organizaMarch 25th and 26th. tions and to students in general. fixed, February 27,1985 Opinion 3 �Students Spend Time in Nicaragua During Break by Paul Kullman While many U/B law students spent this past break with their families andfriends and listening to the sounds of Bing Crosby's "White Christmas" filling the air, such was not the case with law students Frank Resillez and George Terezakis. While the two did spend half of the break amongst familiar faces and friendly sounds, they spent the other half of their vacation sleeping in army co-op bunks and on church floors, sometimes awaking to the crackle of an AK-47. Resillez, a first-year student, and Terezakis, a third-year, spent two weeks (January 13-27) in the war-torn country of Nicaragua. They were part of a 20-member group called Witness for Peace, which, according to Resillez, is a nondenominational religious organization which maintains a in presence" "continuing Nicaragua. "They take people for twoweek periods and they do their own sort of investigative reporting on the situation down there," Resillez said. "They try to maintain a very independent political line." Terezakis said any time there is an attack on an area, members of the Witness for Peace organization "go in and interview the victims and try to find out exactly what happened." Students Shared Common Interest It was this same interest in finding out just "exactly what was happening" in Nicaragua that prompted Resillez and Terezakis to travel to the striferidden country. The two students first crossed paths at an International Law Society meeting at Law Professor Virginia Leary's house last September. Terezakis said he and Resillez discovered a common interest in Nicaragua and discussed how feasible it would be for them to go down there. "We were interested in going down there because we wanted to see firsthand what was going on, how the people felt, if they supported the Sandinistas, and how they felt about the Contras," Terezakis said. The Sandinistas currently control Nicaragua, but are under constant attacks by various politically-backed Contras, according to Terezakis. He said many of the Contras were former officersand soldiers under the country's previous leader, Anastasio Somoza. Objectivity and Observance Were Primary Goals "One of our primary goals in going down there was to be objective," Terezakis said. "We knew we were going down with certain preconceptions, but we were aware of that." While the trip marked Terezakis' first excursion into Central America, Resillez had spent ap- proximately eight months traveling throughout the area (though none of it in Nicaragua) while an undergraduate at the State University of New York at Binghamton. A native of Cuba, Resillez majored in political science and Latin American studies, and spent part of his junior and senior years studying in Central and South America through a pro- gram sponsored jointly by the Organization ofAmerican States and the SUNY system. Resillez said he and Terezakis wanted to see as much as possible and talk to as many people as possible. "We wanted to see their system of political process in relation to other Latin American countries and in relation to the U.S." War Leaves Trail of Death and Destruction What the two also saw was the carnage of war and its resultant effects on the people and economy of Nicaragua. Among other things, they saw the wreckage of a coffee-processing plant located just a quarter mile outside their camp in Molina; a pile of ashes in the Pantasma Valley where a lumber mill once stood; and the skeletons of numerous burnedout trucks along the duty paths of theirtravel. The pair also saw "a tremendous loss of life," Terezakis said, as well as dozens of injured people and orphaned children. They also heard gruesome stories from wives whose husbands had been "butchered in front ofthem by the Contras," according to Terezakis. Resillez characterized the current fighting in Nicaragua as a "wait-and-see type of war." "While the war down there is not one big act, there's always the likelihood of an attack any minute," he said. "You get hit now and you get hit later. It's a big misconception to come to Nicaragua and expect to go into an area where bombs are just falling on you. No country down there has enough money to spend that much because even a bullet is ex- pensive. Weapons and Fighting Were Commonplace While the two did not witness any actual fighting during their stay in Nicaragua, they did see a lot of Nicaraguans carrying weapons, much the same way a law student totes around his books. "You get used to traveling everywhere with the militia carrying AK-475," Resillez said. "But we never felt uncomfortable. We never felt threatened by the (Sandinista) soldiers. We never detected any hostility towards us." In addition to seeing the sights of war, both Resillez and Terezakis experienced the sounds as well, often hearing the sporadic crackleof artillery fire while in the countryside near the northern Honduran border. "They (the Witness for Peace organization) actually found that when they get into contested areas in the countryside where we were, though, the level of violence goes down," Terezakis said. "They (the Contras) stop the attacks when there are Americans in the area." Nevertheless, both students said curfews are by Peter Scribner The 36th annual Law Revue will be staged this year at the Tralfamadore Cafe on Sunday afternoon, March 24. The nation- ally renowned Tralf is located downtown on Main St. in Buf- falo's Theatre District. The new location is expected to step up the glamour of this annual festiand musical talents of members of the law school community. All students and faculty members are invited to participate. Plans are already afoot to stage the "Charles Carr Moot Court Competition," a judicial rendition of Sandra Day and the Supremes, and a variation on "Ghostbusters" (called "Tortfeasors", to be performed by the first year Section One). Students who would still like SUMMER SESSIONS 1985 • SUMMER SESSION 1 May 20 to July 1 COURSES CREDITS Commercial Paper Conflicts of Law Criminal Procedure Debtor-Creditor Evidence Housing and Community Development Law and Psychiatry Real Estate Transactions Remedies Secured Transactions Unfair Trade Practices 3 3 4 3 4 . 2 3 4 3 3 3 SUMMER SESSION 2 July 2 to August 12 COURSES CREDITS Administrative Law Commercial Transactions Survey Family Law Federal Estate and Gift Tax Federal Income Taxation of Individuals Labor Law Legal Issues in Public Education r For Further Information Write or Call: (516) 560-5916 HOFSTRA UNIVERSITY SCHOOL OF LAW Hempstead, Long Holstra Opinion February 27,1986 4 Island, New Y.ork 11550 University is an equal educational opportunity institution 3 4 3 3 4 3 3 '■■„ ern border. "You don't want to walk around in the dark in the countryside because you might get mistaken for a Contra and get shot," Resillez said. "Also, you don't want to give away your position to the Contras and open yourself up to an attack by them." Experiencing ft Supersedes Reading About It Both Resillez and Terezakis said they learned a great deal from their two-week visit to Nicaragua and both hope to eventually go back to do further research there. "It Was a fantastic trip," Resillez said. "You were able to pick up pieces here and there and form your own theory of the situation down there. You see some good things, but you also see some things that are doubtful and that might worry you for the future." Terezakis added, "But you can't just read about what's going on down there, you have to experience it in order to better understand it." Next issue: Resillez and Terezakis describe their understanding of the current conflict in Nicaragua. Law Revue at Tralf val of Law school talent. The Revue features the comic HOFSTRA LAW SCHOOL strictly enforced near the north- to enter a skit or musical act in the Revue must submit their ideas to the Revue committee by Thursday, February 28. Actual scripts of proposed skits will not be required until the following Friday, March 8. Ideas for skits should be submitted to Peter Scribner (mailbox #819). Danny Ellias will be acting as musical director for the Revue. There are already several students and faculty members willing to perform their own work or participate in a "pit" band that will accompany other acts. But Ellias says that more musicians are definitely welcome. All kinds of music are appropriate: classical, jazz, rock, folk, whatever; and all types of musicians (especially piano and bass guitar players) are needed. Musicians who want to participate can contact Ellias through mailbox #358. Faculty members as well as students are encouraged to participate. Sandy Cassidy (mailbox #548) will be acting as-the contact person for faculty participation. Anyone interested in helping with the writing of skits should contact Randy Fahs (mailbox #73). And in general, anyone who would like to participate in the Revue in any way may contact Revue Director Howard . Spierer (mailbox #762). If you would like to be in a skit but don't have any particular material in mind, the Revue Staff can connect you with groups that need your help. Law Review Competition The Buffalo Law /?ew'ewinvites all first-year students interested in joining the Review to attend an Informational Meeting on Tuesday, March 12, at 4:00 in Room 106. Associate members will be present at the meeting to de- scribe the RevieWs annual casenote competition (which will be conducted twice this spring), to distribute additional information which might prove helpful to participants in the competition, and to answer any questions students may haveabout the Review and its activities. The Buffalo Law Review is a professional journal published three times a year by students of the law school. Its purpose is two-fold: to select and publish significant student and professional contributions to legal scholarship, and to provide members with an opportunity to develop their own writing and research skills. Participation in the casenote competition is necessary to be considered for Review membership. A competitor is referred to a recently decided case dealing with an area of law covered in the first-year curriculum, and is given ten days to write a short (no more than eight-page) paper reviewing the facts of the case, identifying the important issues it presents, and analyzing the court's decision. Each such "casenote" will be read by several editors of the law review over the summer, and judged on substance. Writing ability, and form. The Review encourages all interested first-year students to enter the casenote competition, particularly racial minorities and economically disadvantaged or otherwise handicapped students. �Law School Damage Continues; No Relief Yet continued from page I that it would be a good thing for the people in charge of the repairs and maintenance to make a tour of the campus buildings." This was done on a yearly basis in Headrick's last job in order to see what repairs were needed. Greiner agreed that this was a good idea, so Headrick sent a memo to Gibson requesting information about needed repairs in the Library. Gibson responded with a three-page single-spaced memo detailing the problems in the Library which Headrick can refer to when O'Brian Hall is inspected by Patio on .secondfloor ofLawLibrary isbarren ofivy and trees that were there last year Vice President for Finance and Management Edward W. Doty, Vice President for University Services Robert J. Wagner, and University Provost William R. Greiner. Headrick then forwarded his own memo to Greiner on Wednesday, February 20. Although Headrick is unsure when Greiner will respdnd to his memo and set a date for the inspection, he did say that O'Brian is thefirst building on the inspection list. List of Problems Run the Gamut On 7th floor ofLibrary, leaks in the roof hare caused the plaster to crumble and the carpel to deteriorate. Besides Gibson's concern about the repetitive pipe bursts, her memo informed Headrick about the new roof leak on the fourth floor where water is dripping through the seams of the skylight. Another major problem is the carpeting throughout the Library. The seams connecting the different sections of the carpet are coming apart and have caused people to trip and fall. According to Gibson, a carpet man said the carpet only has a ten year useful life and is too old to repair. It cannot be stretched and reglued but has to be replaced. In addition to the general roof leaks on the seventh floor of O'Brian Hall, the Library's Rolled-hack rug. wet mailing and hole in wall in O'Brian Room are results from broken pipe. seventh floor also has suffered water leaks which caused it to return a collection of New York Court of Appeals Cases, which were on loan, to the Eighth Judicial District Library. Now the Library only has a set on microfiche. Although the mildew from the water leaks is not as bad as it was, said Gibson, the water continues to leak and is causing the ceiling plaster to dissolveand crumble. On the sixth floor of the Library where the new Koren Center was dedicated last semester, Gibson is still waiting for new lights to be installed in the reading area. New Reading Center on 6th Floor is still waiting for ceiling lights after six months Most of the Library's lighting is provided by fixtures attached to 6th floor ofLibrary was removed because Onh pipes remain after waterfountain on it. maintenance got tired affixing the bookshelves so when the bookshelves in the Documents Area were moved to make room on the sixth floorfor the reading area, the floor lost most of its lighting fixtures. Gibson put in a formal request forlights on September 17 and is still waiting. Other problems on the sixth floor is a window that leaks in the Documents Librarian's office and a pipe that remains sticking out of the wall where the water fountain was removed because maintenance decided it was no longer going to repeatedly fix it. In the rear of the second floor, snow blowing underneath the patio doors has caused the carpet to rot and mildew. In addition, the curtains on the patio doors have rotted from the sun and need to be replaced to protect the books and shield the readers from the glare of the sunlight. Also, the landscaping was removed from the patio and all Water fountain on the 7th floor of the Library is left out of commission that remains is black paint on a trough. Gibson noted that this is particularly unsightly, and expressed her surprise that of all the problems, nothing has been done to ameliorate this one since University President Steven B. Sample holds the orientation for incoming law students in this area. February 27, 1985 Opinion 5 �WHY IS IT THAT. 6 Opinion February 27,1985 .. �The Opinion's publication schedule for the remainder of the spring semester of 1984-85 is as follows: ■ COPY DATE OF PUBLICATION ISSUE DEADLINES 25:11 25:12 Wed, 3/6 Wed, 3/20 Sat, 3/9 Sat, 3/23 Wed, 3/13 Wed, 3/27 Wed, 4/17 Sat, 4/20 Wed, 4/24 LAYOUT* Onion Insert 25:13 *Hours for deadline and layout are 12:00 noon. tLate copy accepted only upon prior notice. Any submissions must be typed double-spaced andean be placed in the manila envelope outsideThe Opinion office (Room 724 O'Brian Hall) or in mailbox #754 The Alumni Association and CDO present the following information panels which all students are invited to attend. Real Estate Practice Rm.210 3:30 p.m. Wednesday, March 13 Corporate Law Practice 3:30 p.m. Rm.210 Wednesday, March 20 Matrimonial Practice Rm. 210 3:30 p.m. Wednesday, April 10 resumes professionally typeset Buffalo. New York Single Issues of Volume 33:1 are now available in 605 O'Brian. Price: $6.00 BUFFALO LAW REVIEW I WINTER 1984 VOLUME S3 NUMBER 1 ArtUlts The 1983 Jamb McCormick Mitchell Lecture—A Hurdle Too High: Class-based Roadblocks to t Racial Remediation By Dtm Derrick Bell Privacy: Control Over Stimulus Input, Stimulus Output, and Sele-recardinc Conduct fly Paul Siegel Sexual Equality, the Equal Protection Clause, and the ERA By Phyllis Segal The Priority Secured Party/Subordinate Lien Creditor Conflict: b "Lien-Two" Out in the Cold? By David Fnsch Commtnti Protection or Systems Control Soetware Stoked in Read Only Memory Chips: Into the World or Gulliver's Travels SEC Rule 14a-8: New Restrictions on Corporate Copyright Democracy? . FACULTY OF LAW AND JURISPRUDENCE STATE UNIVERSITYOF NEW YORK AT BUFFALO Capyrifht • IBM fey ,h* Buffalo UrnRevitw February 27,1985 Opinion 7 �New Jersey Declares Year of the Environment Kean, who sponsored New Jersey's Spillfund (the prototype for the federal Superfund), believes that bipartisan cooperation is essential for progress to by David Piatt, Environmental Law Society Conference Attended By Private and Public The well-attended conference included a good mix of industry spokesmen, environmentalists, be made, and that strict enforce- government officials, and memment of laws is imperative. Strict bers of academia. Governor enforcement, he believes, should Kean was certainly not the sole not turn into industry harassgovernment representative prement, however. A good system sent. Other agencies well-repof incentives and penalties must resented included the Environbe instituted so that "polluting becomes more expensive than not polluting." The American Law Institute and the American Bar Association co-sponsored a Course of Study in Environmental taw in Washington, D.C., on February 14-16, 1985. Topics which were covered ranged from hazardous waste and toxic substances control under the Resource Conservation and Recovery Act (RCRA) and the Toxic Substances Control Act (TOSCA), to recent developments under the Clean Air Act, Clean Water Act, and National Environmental Policy Act (NEPA). Public lands law and certain aspects of regulatory reform were also on the agenda. Kean Urges Cooperation Among All Sectors Governor Kean cited several other problems which need ad- The theme for the three-day session, that of increasing implementation and enforcement of environmental regulations, was set by Governor Kean of New Jersey, the keynote speaker. Kean, who billed himself as a staunch Republican and conservationist ("the two are not necessarily contradictory"), has proclaimed 1985the "Year of the Environment" in New Jersey. Kean believes that state governments must take the leading role in environmental protection during this "era of federal retrenchment," and that "economic and environmental development are two sides of the same coin." Pollution control and wise use of our natural resources," said the Governor, are not possible without a healthy economy. continued from page I some students, members of the local bar, and University administrators" will be arranged. PASS WITH PIEPER The Pieper seminar is now the hot bar review course in New York Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 See Your Pieper Rep: Richard Eric Gottlieb Richard Schaus Steve Wickmark Joseph D. Coleman Penny Rubin Deborah M. Williams Joan Kenney 8 Opinion February 27, 1986 sources Defense Council, and the Environmental Law Institute sent spokesmen. This ALI-ABA Couse of Study was a worthwhile effort to edu- cate the environmentally ignorant and to bring even the well-informed up to date on the status of the environment and the laws that govern it. Dean Search Committee... dressing. One, the private and public sectors must learn to work Sample Has Last Word together; progress is impossible on Decision without this essential element of Thereafter the Committee will cooperation. Two, environmenrecommend three candidates to talists must begin to pay attenProvost William University tion to the problems of the cities. Alutto continued. Greiner Greiner, This attention, he claims, has "will then set up another round" been lacking in the environmenof interviews and visits which "enmovement, although tal will culminate in "the final winvironmentalists frequently benowing out" ofthe candidates by fact that do city people moan the and University President not care about the environment." himself Steven Sample, who makes the To save rural and suburban ultimate hiring decision. areas, the cities must be made nicer and safer places to live. New Dean May Not Finally, Kean stressed the fact Be Chosen By Fall that lawyers, who "forge and acknowledged that a Alutto weld the tools of our legal system," must engage in a more great deal of work remains bepositive and active role in the en- fore a final selection can be vironmental movement. He made, and that the process may closed by punctuating the impor- be time consuming. Asked whether or not a new dean will tance of environmental conserbe found by next fall as originally vation and protection as a na"I planned, Alutto replied, tional goal, stating "if we ourselves lay waste to our homeland, haven't the slightest idea; it's too what is going to remain for Star early to tell." He emphasized however that the Committee is Wars to defend?" N.J. Plans to Clean Up mental Protection Agency, Council on Environmental Quality, Land and Natural Resources Division of the Department of Jusice, and various branches of the Department of the Interior. In addition to numerous students and lawyers in attendance, many private organizations, such as The Wilderness Society, the Sierra Club, the Natural Re- "working under the assumption that it (the selection] willbe made in the fall." Other members of the Committee also voiced uncertainty over when the final decision will be made. "It's a difficult job because there are so many other law schools also seeking new deans," Law Professor Virginia Leary said. "I don't think we can say at this time when we will have a definite candidate." Student Representative to the Committee and third-year law student Steve Wickmark said that although he "would be surprised to see it (the selection process] go to next fa 11... it's certainly conceivable that the kind of person we're looking for won't be available" in timefor the beginning of the fall semester. On the other hand, "it could very likely take a lot of time if we have a lot of viable candidates," Wickmark noted. Headrick Will Stay Until Replacement Found However, even if a selection is not made by the fall, the impact on the law school is likely to be minimual, since Dean Headrick has indicated that he would stay on as Dean until a replacement can be found. Headrick nonetheless believes that there will be a new dean come next fall. "These types of things usually start slowly but pick up momentum I think there will be a selection made by the fall," he said. ... Committee members agree that this dean search will be particularly difficult because Headrick's shoes will be hard to fill. "Everyone wants another Tom Headrick: an accomplished legal scholar who is open to the kind of legal education that we get here," Wickmark commented. Alutto echoed Wickmark's praise of the dean, saying that the Committee was seeking someone who would "continue Headrick's style" of encouraging progressive research and innovative teaching methods and promoting a degree of collegiality among the faculty which would not be found at a more traditional, autocratic University." Garcia amplified her colleague's conception of the ideal candidate. "God," she joked. "A scholar who understands scholarly pursuits and a fiscal wizard who is able to deal with [the] Capen Hall and Albany [administrations]. That to me is looking for God." One-to-One A reminder: This career-guidance program is designed to help students explore law practice options before making a final decision. The best way to make that decision is to learn about the realities of law practice by discussing those realities with someone who experiences them daily. A large firm employment setting is different from the small firm; a government agency is different from a firm; litigation practice is different from a real estate practice; etc. Get a sense for these differences. If you have not already done so, stop by CDO and review the types of law practice areas available for a Oneto-One meeting. Sign up for the one which interests you. We strongly encourage it. ESSAYS ARE THE "KILLERS" ON THE BAR EXAMINATION! (ASK ANY '.'REPEATER") For over 40 years, LOUIS A. KASS has taught many thousands of successful bar applicants how to ATTACK, ANALYZE and ANSWER the most difficult Essays! WHY TAKE ANY CHANCES? REGISTER" NOW! We were oversubscribed twelve consecutive times! 6 SUNDAYS, commencing JUNE 16, 1985 (1 to 4 p.m.) HOTEL BARBIZON PLAZA HOTEL, NEW YORK CITY. FEE: $250. KASS PROBLEM ANALYSIS CLINICS 27 William Street New York, New York 10005 (212) WH3-2690 Ms. Wendy Friedberg, Agent �Financial Aid Update: Reagan Proposes to Cut Financial Aid by Steve Wickmark FINANCIAL AID UPDATE This is your second warning!!! The deadlinefor submitting your 1985-86 FAF which will determine your eligibility for NDSL and work study INCLUDING SUMMER '85 WORK STUDY IS —MARCH 15, 1985!!!!!!!!!!!!!!!! All of you have probably heard horror stories about Mr. Reagan's plans for financial aid in his newly proposed budget. In an attempt to set these rumors torest let me assure you that the reality is probably worse than you have imagined. Below you will find a copy ofa recent article published in the Chronicle of Higher Education, Feb. 13,1985which explains most of the financial aid components of the Reagan plan. After reading it I would hope that many of you, if for nothing more than personal greed, will be inspired to write to your congressionalrepresentatives in protest. Quick note: Seniors beadvised Sallie Mac no longer is buying consolidating and Student Loans. First and second year students, the job of Financial Aid Advisor is open. Please apply. I don't want to be doing this next year. Deadline is March 1. The White House proposed its most aggressive plan yet to restructure and cut back federal student-aid programs, in its search for ways to trim the deficit. President Reagan's fiscal 1986 education budget would eliminate two student-aid programs and insure that grants and subsidized loans are limited to lower-income students. The proposed budget called for $6.28 billion for student aid in fiscal 1986. Congress provided $7.9-billion for the current fiscal year. The President's proposals would require all students and their families — particularly those in higher- and middle-income groups to pick up more of the cost of a college education, and would eventually turn authority for all student-aid programs over to the states. — Representatives of college organizations, as well as education leaders on Capitol Hill, quickly announced their opposition to most of the proposals, saying they would hurt both students and colleges. Said Sen. Lowell P. Weicker, Jr., the Connecticut Republican who chairs the Senate appropriations subcommittee with juris- also would be greatly affected, Guaranteed Student Loans of for a new program of National since their tuition is generally just 1.5 per cent beyond the Graduate Fellowships named higher than others'. In a prelimiTreasury-bill rate while the stuthe Javits Fellowships after the nary analysis, the American dent is in college and 3 per cent long-time York Republican Council on Education said the when the student leaves school. Senator, New K. Jacob Javits. In addicap would reduce assistance to Lenders now receive a special al- tion, the budget included no about 430,000 students. lowance of up to 3.5 per cent. money for the scholarships for Graduate-school officials were Reducing the rate to 1.5 per fiscal 1986. particularly Concerned that the cent would discourage many The fellowships, which higher$4,000 ceiling would discourage lending agencies from making education groups had been trystudents from pursuing adGuaranteed Student Loans and ing to persuade Congress to supvanced degrees. About 65 per could threaten the future of the port for several years, are decent of all graduate students borprogram, college officials fear. signed to aid graduate students row the maximum amount of Restrictions on independent in the arts, humanities, and social money $5,000 per year—availstudents. New rules would make sciences. able to them through the Guaranit harder for students to declare The grants are not needed, teed Student Loan program, acthemselves financially indepen- budget documents said, because cording to the Congressional dent of their parents for the purgraduate students are eligible for Budget Office. poses of receiving federal aid. financial aid under other Federal Under the Administration's plan, programs Income ceiling on Pell Grants. all students below the age of 22, The grants which provide stu"Unrestrained 20-Year Binge" except for orphans and wards of dents with up to $1,900 a year The Officeof Management and the court, would be considered would be available only to studependent students. Those 22 Budget justified its proposed dents from families with annual and older would be considered changes in student aid in a docuincomes of $25,000 or less. Pell independent. ment that said they were essenGrants would receive $2.69-billion tial to "correct policy and budgetRequired student contribuin fiscal 1986, down from $3.5tion. All students would be re- ary impacts of an unrestrained -billion. quired to contribute $800 a year 20-year binge" in the Education The budget also would restrict toward their college education Department. The growing stuwork-study funds and National before receiving a federal grant dent-aid programs, the docuDirect Student Loans to students or loan. Money obtained through ment said, have produced a from families earning $25,000 the government's College Work- "shotgun approach that has inannually or less. Study program could be used for discrimiately sprayed assistance Income ceiling on loans. this purpose. at students regardless of income Guaranteed Student Loans Required high-school diploma. for almost any conceivable type would be restricted to students All students would be required of education." from families earning less than to have a high school diploma or The 0.M.8. proposed to replace $32,500 annually. The American the equivalent before receiving all current student-aid programs, except for the Guaranteed StuCouncil on Education said that federal aid. would prevent at least 460,000 Consolidation of programs. dent Loan program, with a single students now eligible for the The Administration requested no program of grants to the states, beginning in 1987. The 0.M.8. loans from receiving them in the funds for the Supplemental Edufuture. The Guaranteed Student cation Opportunity Grant pro- said that would "simplify and make more equitable and effir Loan program would receive gram. Instead it asked for $850$2.7-billion in the coming fiscal -million for the College Work- cient the delivery of federal aid." The state-grant proposal will year, down from $3.08-billion. Study program, under which'inStudents from families that stitutions could use up to 50 per be studied by the Administration as it considers what recommenmake more than $32,500 would cent of the amounts they rebe able, to obtain Guaranteed ceived for supplemental grants. dations it will make for extending the Higher Education Act, which Congress appropriated $592-milStudent Loans, but the government would not subsidize any of lion for College Work-Study for expires later this year, said Gary the interest on them. fiscal 1985 and $412-million for L. Jones, who was Acting Education Secretary when the budget Those students' families also supplemental grants. was released. Under the plan, could borrow under the Parent The Administration also proLoans for Undergraduate Stuposed to eliminate State Student states would decide what mix of dents program, but they would Incentive Grants and new federal grants, work-study, and loans interest pay prevailing market contributions to the National Di- students would receive. President Reagan's proposals rates. Loan limits under that rect Student Loan program. would affect loans and grants for would be from program raised Less aid for graduate students. the academic year beginning in $3,000 to $4,000 a year and from — — ' — — $15,000 to $20,000 altogether. Those loans now carry a 12 per cent interest rate. Change in theinterest-rate calculations. The basic interest rate for new Guaranteed Student Loans is now 8 percent. The budget would set the interest on new loans at the rate of 91-day Treasury bills, to reflect more closely the cost of money. Reduced payments to lenders. diction over the Education DeLenders, who. now receive inpartment's budget, "I oppose the terest subsidies of up to 3.5 per Administration's proposed fund- cent beyond the basic 8 per cent ing levels for education, particurate, would receive a larly the cuts in education loans interest special interest allowance on and grants. Were they to become law, access to higher education would be severely limited, and we would return to the days when only the economically advantaged could go to college." Following are the major elements of the Administration's student-aid plan: The President sought significant reductions in the amount of financial assitance provided specifically for graduate students. Mr. Reagan requested no money for the Graduate and Professional Opportunities Program, which aids about 1,350 needy students. He also proposed eliminating the $2.5-million public-service fel- lowship program and ending a $1.5-million program designed to provide lawstudents with clinical experience. Mr. Reagan asked Congress to rescind the $2.5-million it appropriated for the current year SENIORS!!! Ceiling on all aid. No student could receive more than $4,000 a year from all federal sources, including loans, grants, and workstudy. Now some students can receive as much as $11,000 a year, although few actually do so. Needy students would be hardest hit under the proposal, analysts said, because it would reduce their choice of a college substantially. Graduate students SENIORS INTERESTED IN PRESENTING THE STUDENT COMMENCEMENT ADDRESS ARE REQUIRED TO SUBMIT A ONEPAGE PROPOSAL OUTLINING THE CONTENTS OF THE SPEECH. PROPOSALS SHOULD BE SUBMITTED TO THE DEAN'S OFFICE BY MARCH 15, 1985. the fall of 1986. More than five million college and university students now receive federal aid each year, and about one million students would lose their federal aid under the proposals, Mr. Jones said. He added that he did not think that overall college enrollment would be reduced if Congress adopted the President's proposals, but he said he was not sure whether Mr. Reagan's proposals would affect a student's choice of colleges. "We don't know at this time," he said. Leaders of several higher-education groups announced unified opposition immediately after Mr. Jones outlined the proposals at a budget briefing. They stood outside the Education Department in windy, nearfreezing temperatures, in symbolic gesture to show their dis- pleasure. "Higher education is being frozen out of the budget," said John D. Phillips, president of the National Association of Independent Colleges and Univer- sities. Said Dale Parnell, president of the American Association of Community and JuniorColleges, "With one fell swoop, the Reagan budget puts the nation at risk," a play on the title of the federal report issued in 1983castigating the state of education in the country's schools, A Nation at Risk. Much of the reaction on Capitol Hill to Mr. Reagan's proposed budget was just as critical. Rep. Augustus F. Hawkins, Democrat of California, chairman of the House Education and Labor Committee, said the President's aid proposals would mean that many students would have very little choice about where to attend college and that many would be forced to drop out of college. "Most of Congress would oppose these changes in programs if they voted on them directly," Mr. Hawkins said. He added that he would try to use parliamentary maneuvers to insure that legislators cast votes on individual parts of the budget, rather than casting a single vote for an overall budget resolution that might include sweeping changes in programs. He said the $32,500 family-income ceiling for subsidized Guaranteed Student Loans would be-particularly harmful to families that wanted to send more than one child to college. "We're totally opposed to the President's proposals," said an aide to Rep. William D. Ford, Democrat of Michigan, and chair- man of the House Subcommittee on Postsecondary Education. If Congress accepted the proposals, "it would mark the end of the Guaranteed Student Loan Program," the aide said. "We feel that higher education has to be a top priority, and it obviously is not with this Administration." wo D M>oto PROCESSING |||ne * - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality covpr letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for letyping when editing drafts • 1 Type»ty le* at Symbol* to Choose From Repetitive Won At Seduced Prices Xeroxing. Printing, Bulk Mailing Printed to took like Typeset Or Typewritten Pick-Up t. Delivery AvaßaMe All Work Guaranteed — Call PnoTO-Tvrt 883-3348 Ask For Randy February 27. 1985 Opinion 9 �Grading System To Be On Referendum lem is not acting in the best in- by Eric Snyder On March 6th and 7th the Student Bar Association will run a referendum asking law students if they are satisfied with the cur-" rent grading system at the law school. The referendum is non-binding. Its purpose is to provide students, faculty and administration with an impression of student concerns inregard to the grading system. It is also an opportunity to introduce alternative systems if students are not satisfied with the current one. I brought this to the attention of the 5.8.A., as well as my fellow law students, because I believe that there is an undercurrent of students and faculty who are displeased with the current system, and that it is time that the issue be brought out into the open. Why Work for an "H" When You Can "Q Out"? I have heard from those who oppose the current grading System that it provides a disincentive to work. A student, knowing a professor will give few or no "D" grades, will do little or no work in that class. By simply picking up a review guide the day before the exam, the student will receive a "Q" grade in the class. Some students enjoy doing this for many of their classes; hence the term "Q-ing out" was born. I question the objectives of a student who spends three years of his or her own life, and many thousands of dollars to "Q out." I am concerned that an institution that condones the action by not attempting to address the prob- TAX II STUDENTS: Reprints of Prof. Del Cotto's article are now available in 605 O'Brian Price $4.00 (student price: $3.00) terests of the students it is there to protect. current grading system does not provide an accurate indication of a student's academic performance. This system provides little indication to a prospective employer outside Western New York, who is unaware of the quality of the law school, of the caliber of the student he or she is contemplating hiring. The system gives little indication to students of their own academic progress due to the fact that a great many professors take the easy way out, and do not comment on the exams or scrutinize the answers very closely. This practice tends to lead to arbitrary grading, and a denial of a student's right to learn from his or her own mistakes. The argument for the grading system is that it cuts down on the competition and fosters an atmosphere of learning unique to the "Buffalo Model." However, I believe that students that now compete for an "H" would compete for an "A" grade with the same vigor under a traditional ABCDF grading system. A change to a 5-letter ABCDF system would not increase competition, but lend legitimacy and consistency to the 5-symbol HQ*QDF system used at the law school currently. This is my opinion. All of you will have an opportunity to voice your own on March 6th and 7th. I urge you to do so. Graduate Tax at U/B The Institute for Tax Studies at the State University at Buffalo has established what is believed to be the first graduate-level tax program in Western New York. The non-degree evening program provides comprehensive tax instruction for accountants and attorneys who sometimes must deal with complex tax issues in their daily practice, and for persons interested in pursuing a career as professional tax advisors. The Graduate Tax Certificate Program offers 14 graduate-level courses on personal and busi- ness taxation. Each course is an independent unit designed to provide in-depth knowledge of a specific subject. All courses will be taught over eight-week terms by highly qualified tax practitioners drawn from the legal and accounting professions. and Procedure; Tax Research and Ethics; Tax Shelters; Taxation of Partnerships and Partners, and Taxation of X-Corporations and Their Share- 1 Registration for the spring April 22, must be completed no later than March 15. The sponsoring Institute for Tax Studies is a branch of the UB School of Management. A program brochure may be obtained by contacting Carolyn Shadle, program administrator, at 108 Jacobs Management Center, State University at Buffalo, Amherst, NY 14260. Phone numbers are (716) 636-3203 or 831 7 sggoo PLUS $20 TAX & SERVICE ROUND TRIP MOTORCOACH TRANSPORTATION 9 Days 2151. Taxation I; > Does it Better, Faster for Less! , I Resumes Professionally I Typeset A Printed I Briefs A Writing J Samphß Copied ALSO: i j . Posters •• Flyers •• Brochures Bus. Cards • Letterheads • Envelopes • Tickets 1678N.F. Blvd. Amherst 834-7046 0 * TRIP2 -DATES9 * March . March March 9-March 16 I 1 • FORT LAUDERDALE BOOK EARLY! iifi rfK) 7 Nights "T-- "' * - -- »■■■■■•■■■»«»«»—.«-._...y r -,rn lrrn WVI/ Limited Hotel Space in F i Lauderdale and DaVtona Be3Ch [*£jTT TOUR RATE INCLUDES" „jW IIIJI I 1 3171 Main St. Buffalo 6 835-0100 ■J j Q ~ IV rx SPRING BREAK term, which begins Opinion February 27,1985 10 Copyright © 1977 BuffaloLaw fWvfvw holders. undergraduate college degree and must have completed a basic tax course or received equivalent tax training. The 14 courses available: Accounting PeViods, Methods and Estimated Tax; Affiliated Corporations; Corporate Income Taxation I; Corporate Income Taxation II; Executive Compensation, Pension and Profit-Sharing Plans; Fiduciary, Estate and Gift Taxation; New York State Taxa- Also Property ©Reprinted from Buffalo Law Review Volume 26, Number 2 COLLEGE Property Taxation II; Tax Practice To receive certification, participants must satisfactorily complete at least nine courses in the program. Courses also may be taken individually. Applicants must possess an tion. Sales and Other Dispositions of Property Under Section 1001: The Taxable Event, Amount Realized and Related Problems of Basis By Louis A. Del Cotto Current System Confuses Employers, Hurts Students Furthermore, I believe that the ■ -•* ,>& fcfe mpvA nriji,■ 252-02 Northern Boulevard New York City Long Island 718-631-3800 516-2220155 •Round Trip Transportation vfaarcondfUoned-lavatorv DaytonB Beach and Ft • Convenient Departure ilia,, mmi Mi • Neck, New York 1i307~ • Little Westchester New' 914-997-0140 Jersey XUoZIM �Pudge's Corner: CliffBarney's Health Spa Saga: Part II After work, I rushed right home to pack my gym bag. I had bought new shorts to go with my Fred Perry shirt. I also brought along socks, underwear, and all — central processing center." soon as I walked in. Chuck was all over me. "Hey, Cliff, what do you say! How's it going, my man?? What you been up to?" "Not much; okay; not much. I'm ready to get active." "First we have to take care of it'll only a few clerical items take a few minutes." He walked me over to a back door. Beyond it, no doubt, was the back room. I was tingling with excitement. The door opened. It was pretty dark, and I couldn't see anything yet. Then I felt a soft hand grab on to mine. Somewhere in the distance I heard Chuck say he'd see me later. A few moments later I was directed to what I thought was a bed; but it was a chair. I certainly was in the dark. Just then, the lights flicked on. "There! I couldn'tfindtheswitch! Ha-ha! Hi! My name is Melissa. What's yours?" This girl made Scandy look like Phyllis Diller. "Uh, my name my name is Chu- no, it's Barney. Cliff Barney." "My, what an interesting — — name." "For a rather interesting man, I might add." "You might, you might." I took a look around. "Don't mind my asking —what is this place?" "Scandinavian Health, Inc. a total life program for " "No I mean this room, this — — — — Free Thought/: Bright Ideas by A.D. Stewart "What's so bad about that?" I thought she had me for a fool. "Well, for one thing, it's in Finland." Did anybody notice the packs of first year students on the main floor of the law library on the weekend of the 9th and 10th? There were more research and writing students per square foot than law books! I don't want to say that things got a little out of hand, but as I was walking in the hallway, I saw Marlon Perkins, Jim Fowler and a camera crew approaching the library. Needless to say, Jim was in the lead... Just so I don't catch flak later on, I am stating here and now that I am declaring a moratorium on the giving of wedding gifts until I've had a (paying) job for at least a year! With all of my friends conspiring to enter the bond of matrimony (or deathgrip if you prefer), I find myself taking out student loans to pay for stag parties and gifts. If you want the institution of marriage, that's all right. You can be institutional- It was closed. I spoke to the at- # She took my picture, asked me a few personal questions, and led me back to the locker room. I changed into my outfit and was ready to hit the exercise floor hard. A friendly man at the next locker struck up a conversation. He was the kind of guy who al- ways goes to the spa alone. "Hey, mister, ain't you gonna lock your locker?" "Gee, I guess I yeah, you're right. Only this is my first time, and I didn't know I had to bring one." "Well, that ain't too smart. Why, just yestiddy somebody forgot to lock his lock what do you think happened?" I thought he'd just tell me, but he paused. "They stole his wallet?" "Nope they took his lock." After that story I wasn't particularly concerned. But just as a precaution, I waited until he turned around before taking my watch off and placing it in my shoe at the bottom of the locker. Now I was ready to hit the floor. Chuck nabbed me right away. "Barney uh. Cliff, c'mere. You want to take advantage of the situation. Why don't you let one of our professionals provide you with a computerized analysis of your well-being?" Without waiting for an answer, he marched me off to a small room. Melissa — — — was there. "Now that you know me, you can call me Misty ... So what made you join our club?" "I, uh, was having trouble climbing the stairs." "Shortness of breath?" "No a loose heel." She tilted her head back and laughed as if on cue. It was obvious at least to me that this girl was crazy about me. — — — — Misty stretches out before her workmit ut the Scamltminiun Health Cluh. She took my blood pressure and other assorted measure- "Yeah, she does. Everybody knows her. Her name is ments. Despite my urge to hit the Dorianne, but we call her Queen floor the exercise floor, that is of the Bent-Over Rows." Misty assured me that I should "Queen of the 8.0.'5. That's a begin with that fiend called the great name. Do you know her Life-Cycle so that my appropriate well?" level could be ascertained. She "Nobody knows her well. She said that nothing would make my don't let you." level rise faster than that Life"We'll see about that..." I Cycle. watched her for quite a while. She pressed some buttons and Not once did she look up at me. told me to start pedalling. "I said I could see she was playing hardstart pedalling." to-get. After a few minutes I was "The pedals must be stuck." panting pretty hard from the Again she laughed that childish Cycle, mean. Chuck came over. I laugh. you seem out of "Hey "No Cliff. Here, now try." The breath do you eat a lot of pedals slowly began to turn. She french fries?" told me to pedal forfive minutes. Wow, I thought; this guy must It was pretty tough going. I tried have ESP. "Yes, I do tons of to get my mind off her I mean them. I have them with every off it by looking around the room. meal." There were all kinds of people in "That's what I figured. After there. Young, old, all shapes and this last minute on the Cycle, why sizes. That girl I saw last time was don't you talk with our profestherein front of the mirror again sional dietitian." the one who did bent-over After the minute, he wheeled me rows with one-twenty. Now she overto another office. I wentin. was doing dumbbell curls with "Hi! I thought I'd see you again forty-five. Just then a guy about today." It was Misty. my age got onto the cycle next "You sure are trained to do a to mine. He looked like an okay lot of things ..." She put me on guy. I started. a dietthat would make me disap"Boy, look at that girl go. She pear in about a month. She really hits the exercise floor showed me charts and diagrams. hard." I guess she got to me just in time — — — ...— — — — comfortable, so I hurried. I couldn'tfind my watch. "Anybody see a watch laying around? A watch?" Nobody answered. Finally a guy who looked to be 93 spoke. "You didn't forget to lock your locker, did you?" "Well, I guess I did." He made some noise that is a sign ofdisapproval. I walked to the lobby where I saw Chuck. "Guess what happened somebody took my watch." "Where did you leave it?" "Nowhere in my locker." "Was it ?" "No, it wasn't." "Well, that's the breaks." "Is there a lost and found." "Hold on." He turned to the desk. "Hey Misty—anybody turn in a watch?" A voice yelled back — —— "No." "Well, I have another one at home. But you better be careful about your watch too. Chuck, because mine looked exactly like yours." He took it off and put it in his pocket. To be continued... To: All SBA funded organizations ized all you want, but don't look at me to bankrupt myself so that your kitchens can have all the modern conveniences. In short, be glad to get a Hallmark... Did anybody notice that it's quicker to park on the Main Street Campus and walk to the law school than to try to get a parking spot on Amherst. (Or is the number of handicapped drivers really increasing?) I don't want to get crucified by the S.B.A. or The Opinion people, but I think 'an S.B.A. Resolution is called for (if it's not declaredultra vires by some Capen deskjockey) "Resolved That the S.B.A. is in favor of parking ramps and donates $200 as a sign of support to the building thereof." I know $200 won't go far, but at least it can get some more of those fine, income-generating parking meters that are currently strategically located in the lot closest to O'Brian. The revenues therefrom should pay for the rest... — tendant. He assured me that in the interests of cleanliness, every three days they turn it off. "Why is that?" "We don't want you sitting in old, stale steam. We like to air it out and fill it with new steam." These people really did give a darn about the customer. I guess the regular attendant wasn't there today the person, airing it out was Misty. "I went back to my locker. The shower felt great. I noticed Chuck walking by. "Hey Chuck, where do I get the towels?" "Towels? I never said we provide towels, did I?" "Well, I just assumed ..." "Sorry." I dried myself off with my sweaty shirt. It worked better than I thought, but I did get some funny looks from the other people. They made me feel un- — — . room." "Oh. This is the back room ID Processing Center. Since you've wisely elected the YIP package after meeting the necessary criteria you get to be processed right here, at a terrific savings." I was truly disillusioned. "But thought this was what terrific I — — members second-class members have to go to the main the necessary toiletries, including my new Norelco tripleheader and Aramis travel kit. As I pulled into the parking lot of the Scandinavian, I noticed that it was fairly crowded. As back by the looks of things, I probably didn't have too much longer to live. After acknowledging that she had saved my life, I decided to hit the steam room. I was ready to really relax. "Sure you did. But because of Our limited equipment, we only process VlP's here. All other PART TWO — — savings? I paid a $90 fee for processing and ID. I don't get it." by Pudge Meyer — RE: Compliance with By-Law 13 of the SBA By-Laws and current office holders By-Law 13requires that "All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: a representative to one SBA meeting In the Fall of each (before November 1), and in the Spring (before April 1) year school to report on the group's activities and plans. 1) send 2) publish a letter describing the club's activities and plans in the Law School newspaper, The Opinion, after October 15th and before March 15th, of each school year. 3) submit a list of at least 10 signatures of matriculated students who are members of the organization. This By-Law is designed to encourage an increased awareness of the rich variety of activities within the Law school community. Organizations which do not meet all of the above requirements at the discretion may have their charter(s) revoked, and may be denied future funding." of the SBA Board of Directors — — February 27,1985 Opinion 11 �BAR/BRI announces CPLR COURSE with Irving Younger videotape dates: Sunday, March 17, 1985 12-6 12-6 Sunday, March 24,1985 Sunday, April 13, 1985 12-6 — — — Rm. 106 Rm. 106 Rm. 106 COST: $95.00 Sign up at the BAR/BRI table on the First Floor. M 40! Seventh Avenue, Suite 62 New York, New York 10001 (212) 594-3696 BAR/BRI MPRE Review Course pm — 12-6 — 5-.11 pm Sunday, March 10,1985 Tuesday, March 12,1985 . Rm. 109 Rm. 109 COST $75.00 (payable toward the full price of your BAR/BRI bar review course) Sign up at the BAR/BRI table by Friday, March 1,1985. / /pv f\\ I Ifs3klkmm\\ ea\f\aW II I I IV mW 401 Seventh Avenue, Suite 62 --° New York's Number One Bar Review. Opinion February 27,1986 12 New York N Y 1 001 ( 212 ) 594-3696 (516)542-1030 (914)684-0807 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-02-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/27/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d8e3decc201b98cbb1bd39ae9bf848fa.pdf 170f0d7b0998d803a7af53bf2ec76fb0 PDF Text Text THE OPINION Vol. 25 No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Law Library to Install Fully Automated System by Randy DonateHi On Tuesday, January 19, the law school library commenced use of the new GEAC Automated Circulation System. GEAC is a computer network in which bar codes on books and I.D. cards are read by the computer, thereby fully automating the processes of taking books out of the library, calculating late charges, and printing overdue notices. This new system, which will serve all S.U.N.Y. Buffalo libraries, will implement a revised Uniform Library Loan Code. Even though U/B has always had a library code, the law library, due to shortages in personnel and resources, has rarely enforced the code. However, Director of the Law Library, Ellen M. Gibson, stated thatthe new code will be strictly enforced. Gibson praised GEAC for its many attributes. The system will curb abusive practices, such as one student monopolizing commonly sought materials. The computer has the ability to keep inventory which, according to develop its collection to best meet the needs of the law school community. The relevant provisions of the new Uniform Library Loan Code are as follows: students and faculty may keep materials for four and sixteen weeks, respectively; borrowers may renew items no more than three times; overdue notices will be sent seven, fourteen, and finally, thirty-five days after material is due; borrowing privileges will be terminated thirty-five days after a non-reserve item falls due, or thirty-five days from the date on which the fine was assessed; the maximum overdue charge is $25.00 per The 36th Annual Law Revue is attend an organizational meeting Tuesday, February 19, at 4:00 PM in the first floor lounge. The Law Revue is the law school's annual equivalent of "That's Entertainment!" (or is it "Those Wacky Bloopers and Bleepers"?). Each year, the premiere entertainment talents of the school are invited to strut their stuff in an evening of theatrical excellence. Amateurs and professionals alike present their best, from truly excellentmusical performances to seemingly endless Schlegel imitations and Katz jokes. Veterans of previous Revues may recall that some of the past productions tended to drag on a little long, however, this year's Revue Director Howard Spierer guarantees thatthe 1985production will come in under two hours. "The problem in the past is that individual skits often went on too long," said Spierer. "Even with the high caliber of writing . . . —SBA Veep Election page 3 —Pudge Meyer Returns page 7 —Unofficial Lawyers Handbook.page 6 —ABA Update pages 2 and 4 Prospective Faculty to Meet culation must be returned or renewed in person —telephone renewals will not be accepted. Although the law library's reserve desk will continue to operate manually for the near future, Gibson said it will eventually implement the GEAC System and Loan Code. Therefore! students can expect to befined for keeping reserve materials longer than two hours. Despite all the attributes of the new system, Gibson expressed concern over "the loss of flexibility" that may result. The law library has always functioned To: All First and Second year students Re: Faculty Candidates As you are probably well aware, the Law School has a number of openings for new faculty. Over the course of the next few weeks the Law School will be interviewing several-prospective candidates. An important part of this procedure concerns input from us, the student body. After all, we are the ones who must select courses and subsequently sit through them. So, if you've been unhappy with the course selection, or if you would either like to perpetuate, modify, or yes, even do away with, the "Buffalo Model" this is your chance. Each candidate is given the op- and all materials currently in cir- Law Revue is Coming scheduled for production in the middle of March. The exact date and location had not been finalized as of press time. Students interested in participating in this gala event are urged to son noted, the benefits should clearly outweigh any drawbacks. Most importantly, the GEAC System will free the library staff from many tedious tasks and allow it to substantially improve quality and services provided by the law library. Inside The Opinion item; fines accrued on overdue materials must be paid at the library that issued the materials; Gibson, will mean greater availability of materials. Since GEAC serves as a uniform cardcatalogue for allU/B libraries, the efficiency of cross-referencing with the university's other libraries will be greatly enhanced. The computer also tabulates the frequency with which materials fairly informally with respect to are used, allowing the library to circulation and fines, but, as Gib- by Peter Scribner All student I.D. cards will have a bar code like the one above in order to use library facilities. February 13, 1985 talent in this school, it's almost impossible to write more than about three to five minutes of good stuff." Therefore, all contributing acts will be required to be as short as possible. The range of entertainment welcomed in the Revue is as wide as imaginable. Traditional contributions include songs (both real and lip sync), musical groups, poetry readings, naked professor contests, and of course Buffalo Model skits. Anyone who has an idea for a contribution to the show is welcome to attend the organizational meeting mentioned above. In addition, the Law Revue Executive Committee has a' stable of highly talented professional writers and directors who have produced literally hundreds of pages of first rate material awaiting willing volunteer performers. Therefore, if you are interested in participating but don't have a specific act in mind, feel free to come to the organizational meeting. You'll be dazzled at the options available. First year students are especially encouraged to participate. Insightful satiric material on first year life and the professors that inhabit it is always appreciated by nostalgic upper class students. portunity to meet with all interested students. It gives us a chance to ask questions of them, and them of us. It also provides the student members of the Fac- ulty Appointments Committee with a substantial amount of student feedback to present to the administration when it becomes time to make appointments decisions. In addition it allows us the opportunity to air our views to these potential faculty members who, should they get appointed, will then come to the school with an idea of what we perceive our needs to be. The meetings are open to any interested student. They are usually held in the faculty lounge, located on the fifth floor, and you can come and go as you please. There will be a calendar posted in the mail room. It will list the candidates, their teaching interests, and any other information of interest. It will also list the time set aside for the student meeting. The next candidate will be Gregory Stantion, Ph.D in Anthropology, M.T.S Harvard Divinity, with interests in Intellec- — tual Property and International Business Law, appearing Wednesday, February 13, 3:30 pm, Faculty Lounge. On Friday, February 15, same place and time, there will be a meeting with Christine Jones-Baxter, attorney for the U.S. Commission on Civil Rights. Her interests arts in civil procedure, federal courts and constitutional law. If anyone has any additional questions feel free to ask any of the student members of theFaculty Appointments Committee. Remember, if you don't make an effort to get involved now you've got no reason to bitch come September. Thanks, Ed Peace Howard Spierer Charlotte Sibley Allison Tuitt Student Members, Faculty Appts. Committee SBA to Hold Special Election for V.P. Post As reported in the last edition of The Opinion, Tony Torres has resigned as Vice-President of the Student Bar Association. A special election to fill this vacancy will be held next week, Wednesday, February 20. Voting will be conducted from 9:00 A.M. to 5:00 P.M. on the second floor in front of the library. All law students are eligible to vote. At press time, two individuals had announced their intentions to run in this election, Andy H. Viets and Lori Cohen. Viets is a third year student and the Features Editor of The Opinion. Cohen is a second year student and an SBA Director. Statements by each candidate appear on page three of this edition. Originally the election was to be held on Friday. Due to the fact that many students do not have Friday classes, however, the SBA has decided to change the date to next Wednesday. All students are urged to exercise their right to vote in this special election. �Vol. 25 No. 9 February 13,1985 Editor-in-Chief: Robert M.Cozzie Managing Editor: Victor R.Siclari News Editor: Randy Donatelli Features Editor: Andy H. Viets Business Manager: John K. Lapiana Staff: Sarah Ayer, Tim Burvid, Victor J. D'Angelo, Cliff Falk, Paul W. Kullman, Pudge Meyer, Lisa M. Roy, Peter Scribner, Jeff H. Stern, Tony Torres. ©Copyright t985. The Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition A Design: Words & Graphics, Inc. Editorial In last week's edition of The Opinion, we reported that Tony Torres had resigned his position as Vice-President of the Student Bar Association. Under the SBA's Constitution a special election is to be held in order to fill the vacancy. That election will bejield next Wednesday, February 20. We urge all law students to exercise their right to vote in this very important election. At press time, two individuals, Andy H. Viets and Lori Cohen, had announced their candidacies. Both are highly qualified persons with somewhat divergent views of the purpose of the SBA. Their respective statements appear on page three. We suggest that you read their statements before making a decision and casting your ballot. It is the policy of the editorial board of The Opinion to make no endorsement ofany candidatefor an SBA position. This election is no different. Nevertheless, we would like to state our view of the type of person who would make the ideal Vice President. This is in large part tied to our view of the function of the SBA. One function of the SBA is to represent the students in dealings with the administration. Another is to fund and support student activities (organizations and parties). It is our belief that the new Vice-President should make every effort to prevent the SBA Board of Directors from acting beyond the scope of these functions. During the past few months we have criticized the SBA for occasional attempts to overstep its authority. On the other hand, there has certainly been less of this than in past years. Nevertheless, we feel it to be imperative that the trend continues towards less external politics and more concern with issues which directly affect law students. With particular reference to the Vice-Presidency, that position has been described as being the President's right hand. While we see the need for the holders of these two positions to work together, we also believe it necessary that the VicePresident be an independent voice when it comes to implementing the above listed functions of the SBA. Whether you agree or disagree with our view of the SBA and the Vice-Presidency, we again urge you to vote tomorrow. As evidenced by last semester's Westwood decision, the Vice-President can play a major role in matters which affect you. Remember it's your money so vote! — Activity Fee — Referendum by Gina Peca State University of New York policies require that a referendum be held every four years to determine whether the student activity programs will be supported by mandatory or volun- letic fee and commencement. There are also unallocated monies which are used to fund special events which occur throughout the year. For the last four years the fee has been mandatory. This has given SBA organizations and SBA itself a chance to develop new programsandfund these organizations. Each year budget hearings are held. At that time, each group has the opportunity to request funds for the next year. In the next issue of The Opinion, a detailed analysis will be provided to show exactly where money has been spent andfuture projections for the student activ- tary student fees. The Law School will be holding the referendum during the first week in March. At the present time, the Student Bar Association funds sixteen organizations. This year, the SBA has chartered two new organizations which will be available for funding during the next fiscal year: In addition to funding the orprovides ganizations, SBA money for social events, orientation, speakers, the student ath- ity fee.. 2 Opinion, February 13, J985 Commencement Dates Set the 22nd. They will be $8.00 for a the sitting. This price includes free composite of the graduating Plans for the 1985Law School class. The sign up sheet will be Commencement are well under in the mail room on the second floor. way. The Student Bar Association Social Committee and the The word on the actual ComCommencement Committee mencement ceremony is that sponsored a Blizzard Bash on there will be one unified ComThursday, January 2 at the Pine Lodge on Millersport Highway. The party was a great success by Alan D. Stewart and $600.00 was raised for the Andy H. Viets wrote last Commencement festivities. The semester is that he had no sense Committee Commencement seeing as how also planning an "85 Days 'til of humor. Well, to become a that's all it takes for the end of Graudation" Party Opinion, it should writer for The February. We are also looking come as no surprise to my into the possibility of a semi-forfriends that this article appears mal in early April. on these pages. Let all readers The results of the Commenceconsider this title to be an ment Survey are being compiled acknowledgment that Andy H. by the Committee so that we can Viets has a lock on the word plan Commencement weekend. "meanderings." Some of what We gave Dean Headrick the follows is true. back to Buffalo on Januranked list of speakers and he is I gotand was called into Charlie 14 ary contacting the of in process Wallin's office. He made me them. The top five in order were promise never to leave chicken 1) Mario Cuomo; 2) Geraldine wings and Garden Burritos in my Ferraro; 3) Ted Koppel; 4) Judith locker again. (I thought for sure Kay; and 5) Elizabeth Holtzman. I'd get away with it if I got rid of In the near future the Comthe bleu cheese before leaving mencement Committee will be acDecember 23.) Pudge warned cepting hominationsfor the stume.... dentspeaker. You may nominate I added up the tallies for last yourself or anyone else. The semester I asked 115 different senior class will then vote on the people to move away from sat in front of my nominated students.The top three where they locker, (ostensibly) so I could or four students will be interuse it. This breaks the record viewed and a speaker selected. jointly held by Hank "Hallhound" Senior pictures will be taken Dubronski (Class of '75) and the week of February 18 through Larry "The Loiterer" McElevy By Sarah Ayer, Chair of Commencement Committee 18. The Law School will have a separate convocation on Sunday, May 19 at 9:00 a.m. in the Alumni Arena. We will have a reception afterwards and probably a cocktail party the night before. That's all the news for now more in the next issue. Unconsciousness — ... mencement on Saturday, May (Class of 77). If I didn't take a night course (Agency and Partnership) I wouldn't have had the daytime free for such an achievement! I was so proud of myself that I immediately wrote home to my parents. They don't think I have any goals here . I had a dream that all U.C.C. courses were outlawed as violative of the Eighth Amendment proscription of cruel and inhuman treatment. It was a typical dream. Brennan was upset, and Rehnquist accused him of being "intellectually constipated." I woke up unusually refreshed. I'm proposing an S.B.A. Resolution next week! "Resolved: That all State Statutes be declared void for purposes of cases based on diversity citizenship, and that the United States be returned to Federal Common Law Rule!" Sorry Professor Berger, a lot of railroad men and bookies lost out when Erie was handed down... I had a really good time at the Pine Lodge the other Thursday night. I'd appreciate it if whoever drove me home would tell me though -1 lost my cashcard and I want to check his/her car... ABA Rep Lists Programs By Paul Korniczky, ABA Representative tion of theLSSF to you and help in any way I can. (See related article). As the American Bar AssociaStudent Paper Competitions tion Representative, I want to All I can say is "Try oneof these quickly describe (1) a program you have nothing to lose." potentially worth $2,000 to the 1) Natural Resources Student law school and, (2) some student Paper Writing Competition: No paper competitions for those of exact subject has been deteryou who have old seminar papers mined for this competition, but lying around. papers should address the topic of natural resources, energy, or Matching Grant Program The Law School Services Fund environmental law as it applies to current natural resources is(LSSF) grant program is desues. Ist place: $1,000; 2nd signed to encourage the de$500 (cash). Deadline: place: velopment of law-related projects by law school students. March 30, 1985. 2) Howard C. Schwab MemoGrants from the LSSF must be rial Essay Contest Family Law: used in conjunction with matching funds from other sources The subject is any aspect ofFamsuch as theSBA orthe lawschool ily Law. Ist place $500; 2nd place $300; 3rd place: $300. Deadline, administration.The onlyrequirement is that U/B have 35% stu- April 5, 1985. 3) Public Contract Law: The dent enrollment in the ABA/LSD (there are special interest group subject matter is Impossibility and Impractibility of Perforexceptions). Amount of GrantRequest: The mance in Public Contracting; this minimum grant request is $100, paper should discuss and analyze and the maximum grant request the current state of the doctrines is $2,000 (Note that the grant also of Impossibility and Impractibildepends on the availability of ity of Performance in in Public Contract Law. Ist place, $300; funds). Priorities Used in Distribution 2nd place: $200; 3rd place: $100. Deadline: June 1, 1985. of Grants: 1) Minority-Related Programs The following competitions a portion of LSSF funds have are not ABA-related. been earmarked for minority-re4) American Intellectual Proplated projects and for projects re- erty Law Association: Any project related to the protection of lated to women. 2) Law Schools LSSF grants intellectual property. Ist place: will be distributed to law-related $500. Deadline: August 15,1985. projects and activities which 5) American Agricultural Law maximize law student participa- Association: Any question ofcurtion in theactual implementation rent interest in agricultural law. and development of the project. Ist place: $500; 2nd place $250. Deadline: The next deadline Deadline: May 1, 1985. 6) Detroit College of Law Refor application is April 1, 1985. Therefore, there is plenty of time view National LaborLaw Writfor one of the many groups at ing Competition: The article U/B to plan an activity and try to should deal with recent developobtain a matching grant. ments in labor law.- Ist place: Please, if any group is in- $200; 2nd place: $100. Deadline: April 15,1985. terested or has a potential project, leave a note in Box 675 and Again, if there are any quesI'll get a more detailed descrip- tions drop me a note Box 675. — —- — — — People have been asking me what are the benefits of the American Bar Association's Law Student Division. (I hope ihat everyone knows that ABA is the largest association of lawyers in the country with over 200,000 members.) Well, there are a lot of good reasons! Membership dues, are $10.00 per year (yeah, I know $10.00 is almost 100 Buffalo wings but we're still getting a break because thisis only one-third of the cost of actual membership the ABA subsidizes the other twothirds). Membership includes: 1) Full year's subscriptions to both the Student Lawyer and the ABA Journal. The Student Lawyer is the only national magazine exclusively for law students and the ABA Journal is the nation's most widely distributed — — legal magazine. 2) Reduced membership in any of the 29 ABA sections and forum committees which are semi-autonomus groups covering diverse specialties of the law. Nearly every section publishes either monthly or quarterly periodicals, which are automatically provided to members and which focus on current developments in such fields as criminal law, corporation, banking and law, and the economics of a law practice. (For all you3rd year students, if you join theLaw Student Division and you are admitted to the bar, some of thesections will offer you a free membership as an LSD transfer.) 3) Car rental discounts, special discounts on renter's insurance, life insurance, and Blue Cross health insurance. Members also receive a 30% discount on the Preliminary Multistats Bar Review (PMBR) seminars. Membership brochures are located on a poster in front of the law library and in themailroom. �Veep Candidates Vie for Student Votes VIETS Meanderings Author Enters Fray tions and parties. Student organizations should be funded Normally I would use this based on student participation and what the organization prospace to reflect on my most recent meanderings as a student vides to the law students or to of the law. Instead; in this issue the local community. In addition, I devote my column to a less organizing parties should be a humorous topic namely my major priority of the SBA. In the months ahead, I would make every candidacy for Student Bar Aseffort to work with and support sociation Vice President. As reported in the last edition the Social and Commencement of The Opinion Tony Torres has Committees in this endeavor. resigned as the holder of the aforementioned position. While "Instead simply I may not have agreed with every citing the problems, stance he has taken as an SBA official, there is no doubt that I would now like Tony has devoted considerable to solve them." time and effort to his post, and for this he deserves nothing but TheSBA dealswith the admingratitude. In any event, I have istration on various levels, been able to gather the requisite though primarily at the level of number of student signatures in student-faculty committees. order to place my name on the While I have several problems ballot. Contrary to popular opinwith the so-called "Buffalo ion, I am not pursuing the office Model," I have no' illusions of of the vice-president in a frivol- waltzing in and reversing the ous manner. I am quite serious methodof legal education which and the intent of this column is this school advocates. On the to outline my views and posiother hand, there are several tions on matters relevant to the facets of the Model in which the election. SBA should be instrumental in My conception of the SBA is seeking change, such as the that it has two functions. First, it grading system, delayed grade is to promote and fund student results, and Law in Context activities, and second, to act as courses. a liaison between the students It will be noticed that the word and the administration. "politics" has not as of yet been Student activities fall into two mentioned.While I suppose that categories student organiza- nearly everything one does has by Andy H. Viets — of ' — CAREER DEVELOPMENT OFFICE PRESENTS A SERIES OF CAREER PANELS Editor's Note: The following SBA Vice Presidential candidates have submittedarticles to The Opinion solaw students will be able to make a wise and independent decision in next week's election. some degree of political connotation to it, it is not the purpose of the SBA to delve into national or or international issues except as they directly affect us as law students. I consider myself to be somewhere to the left of the political spectrum on most issues, but I realize that numerous of my fellow students do not share my convictions, and I would not, as vice-president, contend that I speak for them on matters which do not come underthe above delineatedfunctions fot he SBA. In particular, there is one thing which the SBA should act on before the end of the semester which involves some internal reform. The electoral process needs top be changed so that the students are provided with more information about the candidatesand so thatdefeated candidatesfor the top four SBA offices can then run for directorpositions. I have been the features editor of The Opinion for nearly a year and a half now and have written this column for even longer. During that period of time I have occasionally criticized the SBA on various issues. Instead of simply citing the problems, I would now like to help solve them. I therefore ask for your support in the upcoming election for the vicepresidency of theStudentBar Association. . by Lori Cohen I am writing in response to your request for qualifications bothering them. SBA is ultimately for the students, and once law students recognize that and use it to their advantage, then SBA can fulfill its foremost duty. As to the political nature of SBA, I feel that, too, has a place. We, as law students, have a place in our society unique from that and goals of Vice Presidential candidates. First, my credentials. I was a First-Year Director and am currently a Second-Year Director. Last year I was a memberof the Academic Standards and of many other students. The Standing Committee. This year I necessity of taking a stand on am chair of the Social Commit- political matters is important. On "My objective is to give law students what it is that they think they needfor a better environment." tee, in addition to my director's position. Overall, I think that my activities show a commitment to the students of our school, and to making things as pleasurable as possible while we are in the law school community. As for my goals, they too are fairly well known. My first and foremost objective is to give law students what itis they think they need for a better environment: academically, socially, and in their everyday contact with each other and with the law school. Many students feel SBA is a bunch of self-serving law stu* dents and then proceed to make gripes about school. I only wish that they would attend an SBA meeting and bring up any topics that same note, so is student input on the political questions. It was because of my feelings on this matter that I helped author Bylaw 14, mandating the 24-hour notice and discussion requirement. This bylaw affords enough time for those students genuinely interested in the topic to come to the meeting, especially designed for discussion on that one specific topic, and voice their opinion, one which SBA representatives will surely listen to. Ultimately, SBA is similar to any other school organization it is what you, as students, make of it. An active student body makes representation much easier. Come out and vote Wednesday it's your first step towards — — action. v. PASS WITH PIEPER — Diebold Bermingham Gorman Brown & Cook JOSEPH MISTRETT U.S. Attorney's Office, WDNY SUSAN SADINSKY The Pieper seminar is now the hot' bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. District Attorney's Office, Erie County HELEN ZIMMERMAN Public Defender's Office, Buffalo Legal Aid Civil Litigation Practice Wednesday, February 20 John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take ask our alumni. our word — Room 210 — WORKSHOP Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 Summer Law Programs Abroad on law programs this • Information summer in Europe, Asia and Latin America. Wonderful opportunities to earn law school credits and travel overseas. Free brochures and applications on a • • "first come, first serve" basis. Date: February 14, 1985 (Thursday) Time: 12:30 PM-2:00 PM 3:30 PM 4:30 PM Place: International Law Office, O'Brian Hall, Room 113A Achievements Noted S Perspectives on Criminal LawPractice Wednesday, February 13 3:30 P.M. Room 210 MARK MAHONEY 4:00 P.M. COHEN See Your Pieper Rep: - k Joseph D. Coleman Penny Rubin Deborah M. Williams Joan Kenney Richard Eric Gottlieb Richard Schaus Steve Wickmark / February 13; 1966 Opinion; 3 �ABA's Law Student Division is Offering Funds For Community-Academic Benefit Programs LAW STUDENT DIVISION The American Bar Association Law Student Division has monies available on a matching grant basis for law school projects. This year. Division Vice Chairperson, Robert Bonsignore (Suffolk) has placed an emphasis on programswhich offer a benefit to the community as well as to the law students. Already, many such projects have been funded. A $2000 matching grant to expand the University of Virginia School of Law Legal Assistance Society has helped to fund mock trials for 200 eighth graders, a college course for handicapped adults focusing on their legal rights, a Domestic Violence Awareness Week, a Migrant Farmworkers Assistance program which provides free legal aid, as well as several other projects. At Campbell University School ofLaw the monies will be used to help fund a Hospice and Probate Program which will provide legal services as needed to indigent residents of hospices and their legal families. Other examples of how these funds have been used to provide directbenefit to both law students and the community include VITA programs, Guardian Ad Litum programs. Juvenile reform programs and community legal education programs. Otherprograms which provide a broader social benefithave also received funding in the past. At the University of Nebraska School of Law a symposium was held which addressed the competing environmental and developmental policy issues surrounding the State of Nebraska's allocation of its surface water resources. Other examples include a minority recruitment reception and an Acid Rain Symposium. Any student or group of students attending an A.B.A. accredited law school may apply. However, if theLaw Student Division membership of your school does not equal or exceed 35% you must apply and meet the requirements for_the "special interest group exception." This exception requires the following: a) Substantial Division membership among the group's members (at least 51%); b) A letter describing the group's good faith effort to increase Division membership at their school, and theeffects of theireffort on mem- bership. (It is helpful to have the Division rep also sign a letter to verify the claims. Participation in membership drives. Division events and/or other school-wide means of Division promotion should be described.); c) a letter from the circuit Governor supporting the application and verifying the membership efforts. Special interest group grants are funded at the discretion of the Vice Chairperson. A. Amountof the GrantRequest The minimum grant request for any project is $100, and the maximum grant request is $2,000. Each law school is limited to $2,000 for L.S.S.F. grant money . 1.1.1 I 1: M>OTO I type E. Progress Reports During the duration of the project, the project director must submit brief bi-monthly progress reports to the Law Student Division Chicago office. For example. Complete Editing Capability No need for retyping when editing drafts Repetitive Work at Reduced Prices Xeroxing, Printing, Bulk Mailing 16Typestyles & Symbols to Choose From Printed to Look like Typeset Or Typewritten Picfc-Up A Delivery Available All Work Guaranteed Sales and Other Dispositions of Property Under Section 1001: The Taxable Event. Amount Realized and Related Problems of Basis By Louis A. Del Cotto ■! I progress reports for a proved by the dean of the law September 1 projects must be school to work with the project the second director. sent by November H. Publicity must report etc. 1, A by January per year. The project must indicate cobe filed even though nothing The Law Student Divison reduring the sponsorship of the project by the serves the right to fund projects may have taken place ABA/Law Student Division in all report time period. fully or partially. The determinaadvertising and promotion of the Report Final F. tion of the amount offunding will The project director must also program. It also suggests that an be made on the basis of funds be visibly hung available and on need as clearly submit a final report within A.B.A. banner A.B.A. membership apshown by the project budget as de- twenty days of the termination and that by a plications be available for law termined by the Vice Chairperson. of the project, accompanied with students attending the program. financial statement detailed B. Project Time Period use of all Copies of all publicity materials of the an explanation Time periods necessarily vary The should accompany reports subexpended. funds L.S.S.F. with each project. The maximum should evaluate the mitted by the project director to time period is one year after the final report reveal who partici- the Law Student Division. project and starting date. For reporting purmany attended or reInterested persons should conhow poses all projects must have a pated, services, the procedures tact the American Bar Associaceived termination date. used, and any comments, criti- tion Law StudentDivision RepreC. Project Budget cisms, conclusions, or other per- sentatives, Susan Kozinn or Paul Each grant application for tinent information. Kornicsky, or theLaw Student DiL.S.S.F. funds must contain a devision directly at 750 North G. Faculty Advisor tailed budget. It must indicatethe Lakeshore Drive, Chicago, IL source and amount of all matchA faculty advisor must be ap- 60611,(312)988-5623. ing funds and the projected use of all L.S.S.F. funds. If any funds WORD are not expended at the conclusion of the project, a percentage of PROCESSING • TYPING -_ the unused funds equal to the percentage granted by theLaw StuYour Future Can't Wait Much Longer dent Division is to be refunded to theLaw Student Division ChiIt's time to start preparing for your career after cago office within twenty days of law school. Prototype can help you send your the conclusion of the project. letters of application to prospective employers in D. Matching Funds law firms and corporations. Our computer All L.S.S.F. grants are made on technology provides custom-typed, professional a matching basis only. The appliquality cover letters and resumes at prices often cant must certify that matching funds are absolutely pledged. lower than traditional typing services. TAX II STUDENTS: Reprints of Prof. Del Cotto's article are Price: $4.00 now available in 605 O'Brian . the first I — Call Proto-Tvpe 883-3348 Ask For Randy The Opinion's pi for the remainder o of 1984-85 HII ISSUE 25:10 25:11 25:12 COPY DEADLINES Wed, 2/20 Wed, 3/6 Wed, 3/20 Onion Insert 25:13 ©Reprinted from Buffalo Law Review Volume 26, Number 2 Copyright C 1977 BuH.kj Law Rsvtaw 4 Opinion February 13,1985 Wed, 4/17 *Hours for deadline and layout are 1. tLate copy accepted only upon prior Any submissions mus and can be placed in the manila i Room 724 O'Brian / �Poetry Corner .... by Victor J. D'Angelo White Death Dance, dance, look at the snow, Run through it, laugh in it, here we go. White colored fluff covers the land, Gee it's swell, boy it's grand. I hate the snow, wherever I go, it still comes down. It isn't fun anymore, I slip andfall when I walk out the door. Break my neck, ask the emergency medical technician who to sue. Andy Viets' got the right idea, Let me get the hell out of here. NYS CIVIL SERVICE EXAMINATION / /We understand that there is a conflict. The NYS Legal Careers Civil Service examination is being held on the same day as the Trial Technique finals, April 20. All students who are affected are eligible to take the CS Exam on Saturday, May 4. Trial Technique students who Wish to take the Legal Careers examination on May 4 should: Submit their names to CDO by Friday, Feb. 14 Pick up the examination applications and announcement at CDO Return their completed application form and a check for the examination filing fee to CDO by Friday, March 1 Students who are not affected (are not enrolled in Trial Technique) must take the April 20 test; applications deadline is March 11. Applications for the April 20 test should be submitted to Albany directly. • • • To: All SBA funded organizations RE: Compliance with By-Law 13 of the SBA By-Laws and current office holders By-Law 13requires that "All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: 1) send a representative to one SBA meeting in the Fall of each school year (before November 1), and in the Spring (before April 1) to report on the group's activities and plans. 2) publish a letter describing the club's activities and plans in the Law School newspaper, The Opinion, after October 15th and before March 15th, of each school year. 3) submit a list of at least 10 signatures of matriculated students who are members of the organization. This By-Law is designed to encourage an increased awareness of the rich variety of activities within the Law School community. Organizations which do not meet all of the above requirements may have their charter(s) revoked, and may at the discretion of the SBA Board of Directors be denied future funding." — — COLLEGE SPRING BREAK ~ f\ d/v üblication schedule Df the spring semester I is as follows: *93 00 PLUS $20 TAX & SERVICE ROUND TRIP MOTORCOACH TRANSPORTATION LAYOUT* Sat, 2/23 Sat, 3/9 Sat, 3/23 DATE OF PUBLICATION Wed, 2/27 Wed, 3/13 Wed, 3/27 DEjAVstl * TRIP2 -DATES March 9 * March Sat, 4/20 Wed, 4/24 12:00 noon, r notice. st be typed double-spaced envelopeoutsideThe Opinion office, Hall or in mailbox #754. • 9 Days . FORT LAUDERDALE * , 3 S* £jT? 7 Nights T l^" """ nT7 Ml BOOK EARLY! Limited Hotel Space in Ft Lauderdale and jjT |"r[* Tour TUUHKMIfc RATE -flu Jifi!»i3^££SHJ' - March 9-March i 6 INCLUDES: March 16 March 23 Round Trip Transportation '"• \ condllloneo,|avfltorV M v,ii a March 23 March 30 vJ ""/;* i4r W j /-I enui|>ped nint.nrr.onr.h to March 30 April 6 > '/V M �> Ii? April 6 April 13 Daytona Beach and Ft X Lauderdale. v \T Convenient Oepa< ture - J Mm\ f/ I - _. • " • MoMKMCnM dnm tram m«w>M»rinliM^wiiM|orc<Jg*B«ric««wpil«lin*^ol^>ludMa»»lO^Mll»«UW««ina<ltDltrM>i« mMMKHITItTIOM: Hound IT* ImMTUUn i» mllllllor our cMchn *^o^^ WctUnlHN n nfciufci Oww»—»«l«M»r InmiMir laMrlnhmWr I7.l» WrWn MnrrVUfcrJMnMt 31.*hr cSrauiiAui /.*«r 'jrMumXu 1« CiwlatfinUaiiMmodOTi b««nc»««u»»pl«i«toa>»«^.^tr«cr«kmt™oltl»l>oi*a )K V\l I HW^ Je\ tLz\V?B-falJ ' »V'4w-fn! Pr\\rf• »• * up-to dW nmfcrfl ««tn njchnr? wm and rxi yt f »r» h*y jwt 252-42 Northern Boulevard Long Island New York ON 516-222:0155 718-631-3800 rorw»mr«Hl and WiuMflrv eqtwppdd tor voir romwjrt Neck. New York 11363 • Littt* Westchester New Jetsev 914-997-0140 201-623-4868 February 13, 1985 Opinion 5 �'Asshole Bingo' to Job Hunts, Guide Covers All by Victor R. Siclari Recently, I received a copy of Not The Official Lawyer's Handbook from the author himself, Kevin P. Ward, Esq. He explained that he quit "his lucrative job as an associate (see also grunt, scutt-monkey, coolie) in a hot New York firm to write this book." Although New American Library agreed to publish it, they decided to forego the advertising. Hence, the author sent mea free copy and asked me to share ft to "my devoted readers" (I do have some, don't I?). So here goes. (By the way, is the book a gift or do I have to include this as income, and if so, at fair market value or at the author's 45% discount?) I'm the type of person who looks for the three "P's" when I buy a book for leisure: price, pennyweight and pictures. If it is too expensive, it reminds me of my casebooks. If it weighs too much, it reminds me of my casebooks. If it does not have pictures, it also reminds me of my casebooks, with the exception of my Contracts casebook which has a picture of "Black Angus in Pensive Mood" next to the opinion of Sherwood v. Walker. Thatauthor was right on target when he named the section "Relief from Mistake" it was my relief from the mistake of buying the book. Anyway, to get back to Not The Official Lawyer's Handbook, Mr. Ward has fulfilled my fantasy. Not only is the price of the book reasonable ($5.95), the length of the book under 200 pages (183 to be exact), and the book chock full of hilarious pictures and illustrations (over 80, not to men- — — tion the funniest of all the author himself), but it also puts law school into perspective. It covers the whole cycle of a fledgling lawyer, starting from "When I Grow Up I WantTo Be A Lawyer," and continuing on with being a One-L, experiencing seating charts, forming study groups, trying out for Moot Court and Law Review, finding a summer job, passing the bar, and concluding with "'A' is for Attorney: Talking, Thinking and Billing Like a Lawyer." My favorite chapter was "Legal Linguistics for Laymen: The Long and Short of Becoming a Cunning Linguist." Mr. Ward set me straight. All along, I have been using abbreviations like a Law Review Editor: "F?" for federal question, "f?" for question of fact (for jury), "f" for reasonably foreseeable, "0" for offer, and "Or" for offeror. Now I have to go back through all my notes and reinterpret them with the correct meaning: fox in question (the blonde in row 6); well, does she or doesn't she?; you bet; the big O; and the one responsible for the big O (can be the same ' , person; unlike regular contracts). No wonder why I haven't gotten any honors grades. The most important chapter has to be "Divertissements: Games To Keep You Awake In Class." For the past year and a half I have been going crazy trying to keep awake in my classes. You know how your teachers are still trying to explain the logic in opinions that don't make any sense to begin with, and you have given up appeasing them a long time ago. Me too? Well, Mr. Ward has come up with theideal game to play in the classroom. It even makes you anxious to know who will be the next student to talk. Unbelievable, you say? You already know who the student will beand you are never anxious to hear what the student has to say? Well then, this game perfect for you. Called "Asshole Bingo," it works much like regular bingo except that each player selects any four of the students in class who are most likely to be called on or to respond in class. Then, except for two free spaces, each player puts the student's initials in the remaining spaces on the bingo card. Each time an "asshole" speaks up in class, you mark a square which has the student's initial. The first player to complete marking a row diagonally, horizontally or vertically, shouts "Bingo!" Watch everyone, including the professor, laugh except for the "assholes." They're too busy trying to answer the question. Mr. Ward also has found the definition of the "Reasonable Man" in the personal classifieds. All along I thought this phrase was one of those undefinable, subjective phrases we are all so used to, especially being subject to the Buffalo Model. However, now I know that the reasonable man is "SWM, 35, Virgo, fun-loving but sensible, medium height, average weight, looks and intelligence. Seeking compatible, reasonable woman (pref. Aquarius) to hold up to the highest standard of care. I'm tired of the bar scene, of flashy attractive nuisances, of hiddenultrahazardous conditions." The description continues, but I don't want to give him away. Single Issues of Volume 33:1 are now available in 605 O'Brian. Price: $6.00 BUFFALO LAW REVIEW I 1 VOLUME SS WINTER 1984 NUMBER Articles The 1983 James McCormick Mitchell Lecture—A Hurdle Too High: Class-based Roadblocks to Racial Remediation By Dean Derrick Bell Privacy: Control Over Stimulus Input, Stimulus Output, and Self-regarding Sexual Equality, and the The the Equal ERA Conduct By Paul Siegel Protection Clause, fly Phyllis Segal Priority Secured Pabty/Subobdinate Lien Creditor Conflict: Is "Lien-Two" Out in the Cold? By David Frisck Comments Protection op Systems Control Software Stored in Read Only Memory Chips: Into the World or Gulliver's Travels SEC Rule Ma-8 New Restriction* on Corporate Copyright Democracy? | . FACULTY OF LAW AND JURISPRUDENCE STATE UNIVERSITY OF NEW YORK AT BUFFALO Copyright 6 i Opinion February :1ft 4986> I • IM4 by the Bu/foio Urn Review But most important, Mr. Ward has outlined the law school's class of characters. It covers the grindomaximum, nerdum whose markings are casebook, hornbook, typed brief, typed outline, book stand, 8.0., and whose characteristics are becoming sexually aroused by seeking his grades. He includes the loco parentus whose markings are station wagon keys and finger paint on textbooks. The characteristics of this law student are that he is chatty and slightly peeved that law school thoughtlessly does not provide cribs or hobby horses in student lounges. There are many other classes of law students Mr. Ward includes, but one that seems foreign to U/B Law School is the bombshellus blondurum whose markings are flawless suntan, smile, eyes, knees, etc., and can stop a speeding train at 30 yards by batting eyeslashes. I guess Mr. Ward has never been at U/B. The only female native to Buffalo I know who can stop a train like that is Mother Nature. Maybe I was wrong on the last comment. Mr. Ward has been to U/B. In fact, he wrote a chapter about it. It is called: "Law School Social Life: Nothin'From Nothin' Leaves Nothin'." As all of us here know, the so-called "social life" at law school is "utterly without redemption." The book's humor is endless. It illustrates the lives of law review editors. Picture this: three identical pictures of a male and female sitting next to each other with their noses buried in a pile of books. Under the pictures are the captions: "At Work," "At Play," "At Sex." Getthe idea? Mr. Ward also provides some thoughtful insight to those ofyou who are trying desperately to convince the outside world to hire a student from U/B. One approach offered is the offensive tactic. During your interview you say, "I am in the top 10% of my class, I'm on Law Review, I love your firm, and this gun is loaded." And if you still get those rejection leters, you can always respond with this follow-up letter: "Thankyouforyour rejection letter. It was certainly a thoughtful and impressive one. We're sorry, but due to the large number of equally qualified rejection letters we have received during this interviewing session, we are unable to accept your rejection letter. Please feel free to send us a rejection letter next year when we may have a place for it. We"will keep a copy of yogr present one on file. Best of luck to you with your other rejection letters!" Well, I think enough has been said. The book speaks for itself. Anyone who is contemplating law school or has had anything to do with law school or has had something to do with someone in law school is bound to get enjoyment out of Mr. Ward's book. And to think that all along I though Bingo was only for senior citizens who are members of Knights of Columbus. By the way, if you can't find the book in your local bookstore, you can obtain a copy by sending a check or money order in the amount of $7.45 ($5.95 plus $1.50 shipping and handling) to New American Library, P.O. Box 999, Bergenfield, New Jersey 07621. SENIORS!!! SENIORS INTERESTED IN PRESENTING THE STUDENT COMMENCEMENT ADDRESS ARE REQUIRED TO SUBMIT A ONEPAGE PROPOSAL OUTLINING THE CONTENTS OF THE SPEECH. PROPOSALS SHOULD BE SUBMITTED TO THE DEAN'S OFFICE BY MARCH 15, 1985. Due to blizzard rescheduling, Robert Whelan, the controversial Comptroller of the City of Buffalo, will be the guest at the Jaeckle Center's box luncheon on February 25th at 12:15 P.M. in the Faculty Lounge, Room 545. On March 11,1985, Congressman Henry Nowak will meet informally with faculty and students to discuss his role in the U.S. House of Representatives at the third Jaeckle box luncheon of the spring semester. You are all welcome to attend. Take some time from your studies and join us. �Pudge's Corner: A Journey Through a Health Club: Part One by Pudge Meyer The name's Barney. Cliff Barney. For reasons known to no one, I casually walked through the door of Scandinavian Health, Inc. I had always been impressed by the name, and thought I'd see what it was all about. As soon as he saw me, the man with a funny blue suit on it had zippers everywhere stuck on a fake smile. This smile made Liberace look like Zimbo the Sad Sack Clown. The man came gimping over to me. " My name's Chuck Hi! Everybody around here calls me Chuckles. Get it?! Every body." "Yeah, yeah, I get it. Chuck. That's not bad for a ..." I trailed off. "So what are you doin' you pickin' some body up?" —— — — "Nope." "Comin' in out from the cold for a minute?" "Nope." "Then what can we do for you?" I looked around to see if anyone else was talking to me. "You can show me around." We walked through the main exercise area as he babbled on about such things as "Progressive Resistance Training" and the benefits of a cardiovascular workout. I couldn't help noticing a short girl who was standing in front of a mirror. She was about five foottwo and was doing bentover rows with one hundred twenty pounds. As I was staring. Chuck was tell- ing me all about these gizmos called "Life-Cycles." He didn't say it, but I think the reason they're called that is you might I lose your life if you stay on it long enough. It tells you your pulse, your oxygen intake, your surface skin temperature, how many calories you burn up—and if you stay on it long enough, the guy next to you can tell you what you had for dinner. I got taken on a tour ofthe pool area, which included a whirlpool, steam room, sauna, and inhalation room. "Inhalation room? What's that?" My question signalled that he had my interest. He was already counting my money. "It's a menthol-vaporized chamber that emits eucalyptus oil into the air. Eucalyptus is native to Australia, where the people never get colds." "Well, what do you do?" "You just go in there and breathe." "No thanks. I can breathe on my own." After the grand tour, he offered me a seat in a small room. The room was about eight feet by ten feet, and it had a low ceiling. No windows. He pressed a button on a phone. Moments later a gorgeous girl came sleeking in and handed Chuck what looked like a pina colada. The room started getting very warm. As she walked out, she turned and said in a very breathy voice, "See you tomorrow —I'll be here all day tomorrow." "Wh-wh-who was that?" I stammered. "That's Scandy Miss Scandinaviafrom 1982. A living testament to the Scandinavian Method." I'm sure she was familiar with some other methods, I name was?" He already had a in his hand, as he thoroughly enjoyed a sip of his drink. "Barney. It's getting a little pen thirsty in here." "Heh-heh. Thirsty in here. I like that. We keep it warm because it keeps the muscles from getting I couldn't tight." He was right get a grip on myself. He wrote my name on a piece of paper. — "And what's your last name?" "Barney." I wiped my forehead with thelast tissue. From here on in it was going to be trouble. your name is "That's-funny — Barney Barney?" "No. It's Cliff Barney." I could tell he was a typical hammerhead — he didn't even realize who I was. Maybe it was because of the covering of sweat that had long since enveloped my entire body. "The way I see it, Barney uh, I mean Cliff, heh-heh, you may not need all the advantages of our YIP Package. So let's look at something on the simple side." This guy was pretty clever for a hammerhead. I played along. I had to get out of there quick. He continued. "Let's look at one of our less expensive packages. It doesn't include racquetball, the inhalation room, the services of the dietician or a program coordinator —" "Well, what would I get?" "Basically, three 50 lb. dumbbells and a two foot square of the exercise floor." "Gee, that doesn't sound like a lot of fun." "Okay, we'll go intermediate. For that, you also get unlimited use of the chin-up bar, a daily thought to myself. weigh-in, and a snack." "Now what did you say your "What do you mean, 'snack'?" — — — I was drooling at the thought of "No sir. We need full payment; a pina colada of my own. and it's a twenty year commit- ment." "It's a drink made of papaya "Twenty years!" juice and guava paste." "Okay, ten what are you try"But can I use theother equip- ing to do?" ment?" "Here's a check for $5,800." "Tremble at the thought, lad. "There's also a $90 charge for You don't look like a YIP. It would processing and ID card." be bad for our reputation." "Here's another check." "But I'll change; really I will. "How 'bout the sales tax?" Just give me the chance to prove "WHAT! GET ME OUTA HERE." it. Please let me be a YIP. I know "Okay, okay we'll give you I can do it I'll make you proud a break on the tax. But this is the of me." last time. Just be glad you're a "We11... okay. I'll be right YIP." back. I have to see if you qualify "Nowcanlseethebackroom?" for our special rates." I really it closes at six. And "Sorry didn't think I'd qualify. by the way, we only accept cash. He was back in a few minutes. Congratulations, YIP." He seemed perturbed. To be continued... "What's the matter?" I asked. "What time do you have?" "What time do I have?" fi — — — — \ "Yes,whattimedoyouhave?" "A couple minutes after six." I "That's the trouble therates — \ go up after six. Awww, heck. I'll i turn my watch back but don't J you tell anyone. I can get in big k trouble for this." Boy, this guy( must really be my pal. C "So, howmuch is my member-1 — ship?" / "Okay. Fair question. You get / everything I've shown you, plus / . full use of the back room, for ) $48.50 a month." i "Theback room? Let's see it." "Sorry, only members can see it." "But what is it?" "Can't tell." ' "Only $48.50 a month. Oh boy. Here's a check." What's this thing?" "My payment for the first month." ' Does it Better, Faster for Less! Resumes Professionally 0 0 Typeset A Printed Briefs & Writing Samples Copied ALSO: Posters •• Flyers Brochures •• Tickets Cards •• Bus. Letterheads • Envelopes 1676 N. F. Blvd. Amherst 834-7046 I i 1 V 0 0 >J I i ( STAN CHESS |. i Discussing Summer 1984 Bar results | and introducing this summer's new bar review programs. I A 835-0100 ] BAR/BRI PRESENTS I i 3171 Main St. V Buffalo I FREE BEER!! FREE PIZZA!! 1 d Wednesday. February 13, 1985 I 12:30 in First Floor Lounge Any questions, please contact the following: Scott Stechman Mary Pat Enright Jay Goldstein Karen Vance Jill Kawa Dan Elias Steve Wickmark Lome Kolbert Vie D'Angelo Roland Cercone Jack Murray Rita Hubbard (O0|jOlf" 401 Seventh Avenue, Suite 62 . —.- - Rob Galbraith Tim Farley Bill Daly Lon Cohen Laura Washington Bonnie Gould Leslie Stroth Paul Korniczky GayleTowne Laurie Frank Lee Smith Seth Sahr Andy Fleming Tom Pernice Wendy Friedberg Jane Blumenthal Rich Murphy Susan Kozinn Cathy Pappas Nancy Barshter Gina Peca Matt Fusco Ed Peace Tom Roach Jessica Braginsky Sim Goldman Dan Figueroa Jason Reid Roy Mura Susan Berkow Gary Farrell Paul Hensley New York, New York 10001 (212) 594-3696 . —- ii—n \mtm iimnr i—ri in>i—m yinM!! niMwr h—itWbeWi' \\m February. 13, 1985 Opinion. 7 �BAR/BRI announces a SPECIAL DISCOUNT: Sign up between Feb. 13 and Feb. 20, 1985 and SAVE $150 off the regular cost of the bar review course. $50 paid now freezes the cost at $700 for 1985,1986 and 1987 bar review courses. After Feb. 20, the price wil go up to $750 until Mar. 15. For more information, stop by the BAR/BRI table on the first floor or contact one of the following: Leslie Stroth Cathy Pappas Nancy Barshter CinaPeca GayleTowne PaulKorniczky Bonnie Gould JillKawa LorrleKolbert Dan Elias MattFusco Ed Peace Tom Roach VicD'Angelo Roland Cercone jack Murray Jessica Braginsky Sim Goldman DanFjgueroa Jason Reid Roy Mura Susan Berkow GaryFarrell Paul Hensley Rita Hubbard Laurie Frank Lee Smith SethSahr TomPemice RobGalbraith WendyFriedberg Jane Blumenthal Rich Murphy Susan Kozinn Bill Daly Lori Cohen Laura Washington Tim Farley / fr">v / rSj/UTj II fm - Andy Fleming 401 Seventh Avenue, Suite 62 W M ' New York N Y 10001 (212) 594- 3696 (516)542-1030 (914)684-0807 New York's Number One Bar Review. Opinion February 13, 1985 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-02-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/13/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5e04c1f7ff0e0670f47e49fd4f7d576b.pdf 7540b8c71192b795960f83c25cc589ba PDF Text Text THE OPINION Vol. 25 No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 6, 1985 O'Brian Hall Falling Apart at the Seams by Victor R. Siclari If it seems to you that O'Brian Hall, theLaw School building, is was the rupture of a pipe behind the wall on the second floor Library Reserve rooms, According falling apart, your assumption is to Gibson, frozen water caused correct. For the last five years the the pipe to burst sometime durroof has leaked, and for the secing the first few days of the blizond year in a row the same pipe zard whenthe school was closed. in the Sears Law Library has It was first discovered by univerburst, explained U/B Law School sity maintenance, but it was not Dean Thomas E. Headrick and until Wednesday, January 23, Law Library Director and Asthat anyone on the library staff sociate Law School Dean for became aware of the problem. Legal Information Services Ellen This was the second time that M. Gibson. the same pipe burst. Last year, the pipe had burst when extreme Pipe Burst Floods Reserve Area, temperatures caused the cold Damages Books water in the pipe to freeze. The latest mishap which the Maintenance had to cut a hole in Law School building has suffered the wall to gain access to the shut-offvalve. After thisfirst mishap, a trap door was supposed to be installed in case of a future problem with the pipe, said Gibson, but nothing had been done. Instead, the hole remained, covered only by an aesthetically displeasing piece of cardboard and tape to block the cold drafts. If the trap door hadbeen installed, it may have prevented some of the water from gushing out the patched-up hole. The flood of water caused damage to the carpeting in the two offices, reserve collection area and staff lounge behind the Circulation Desk, as well as the carpeted area that extends in front of the Circulation Desk by the display cases near the library entrance. In addition, books stored on the window ledges and shelves were damaged. Gibson noted that some of the damaged books were inexpensive paperbacks thatcouldbe easily replaced, but others were expensive ALA directories which currently are being dried out in a special facility of the University. Flood Causes Stain in Capret and Odor Problem Garbage cans are lined up outside ofon seventh floor of O'Brian to catch leaking water. fices 'Hole in library wall where pipe froze is patched up with cardboard and tape Public InterestLa w Program Concentrates on Fundraising by Charlotte Sibley U/B Law students Charlotte Sibley and Sue Silverstein, along with Audrey Koscieiniak of the Career Development Office, attended the National Conference of Public Interest Law Foundations. The Washington Conference was attended by representatives of over 50 law schools from all regions of the country and was the first conference of its kind. The conference, which was organized by the Equal Justice Foundation, had two main objectives —the exchange off undraising strategies and management of law school-based public interest law foundations, and the formation' of a permanent national coalition of public interest law foundations. Student Organized Fundraising During the two workshops on public interest law foundation fundraising, information was exchanged on diverse strategies which lew students have used to raise funds for their summer internship end fellowship programs. Many programs, including the Buffalo Public Interest Law Program, rely heavily on student andStudent Bar Association contributions. However, additional sources have been developed to raise the estimated $600,000 that law school public interest law foundations generate each year. The most successful programs rely on a fundraising strategy which includes alumni solicitations, law school administration and student contributions. The following are illustrations of various law school fundraising techniques: Boston University Public Interest Project raised over $30,000 in its first year by conducting a phone-a-thon fundraising pro- gram. The agreement was that the school would match alumni pledges received as a result of the campaign on a dollar-for-dollar basis. University of Minnesota's Justice Foundation also uses the fundraising technique of matching funds. Their program has private law firms which agree to sponsor a public interest law internship, contributing one third of the salary. The agency or organization that hires the student pays, one-third of the salary and contributions and pledges from the foundations members make up the rest. Law School Administration Support for Public Interest Law Funding In addition to direct financial contribution to student-managed public interest law foundations, many law school administrations have created their own innovative strategies for encouraging public interest law. Notre Dame Law School offers a tuition remission to a small number of students following public interest law internships in their second summer. Northwestern University offers a loan program forgiveness for graduates whose first job is a low-paying public interest law position. Similar loan deferral or forgiveness programs are in effect at Harvard, NYU, Stanford, Touro and Columbia law schools. Douglas Phelps, Director of Public Interest Placement at Harvard Law School, encouraged development of such programs at all law schools, to reUCLA, Stanford, University of dress the financial burden that Pennsylvania and American Unipushes many students away versity all conduct various types from public interest positions of fundraising events. These and into higher-paying jobs. events include: a ten kilometer National Coalition run, an awards dinner at $25.00 The conference concluded per plate, a coffee table, and a with the passage of a resolution theatrical production. to form an ongoing, permanent coalition of public interest law foundations. The purpose of the Another important technique coalition is to continue an exfor fundraising that our own pubchange of information among lic interest program has been the local foundations and progsuccessful with is gaining foun- rams on fundraising, managedation grants. In order to receive ment and development of pew a grant from a foundation, persisprograms. The coalition also will tence and establishment of perwork to ensure that information contacts are essential. Two sonal affecting access to justice a years ago, BPILP received public interest law $3,000 grant from the Erie reaches the continued on page 7 County Bar Association. Although maintenance had vacuums to remove standing water on the carpets, explained Gibson, the equipment which the University owns for this type of problem is limited in itseffectiveness. "Although maintenance vacuumed up as much water as possible, the carpet was still wet enough that you could touch it and see the water seep out of the carpet. My staff had to wear boots because the water would seep right through their shoes," said Gibson. She noted that the library clerks had to endure damp and cold conditions be- cause of this. "There is a real need for suitable equipment to effectively get the water up from the carpet." Another problem- which Gibson cited is that there is wet car- pet beneath the bookshelves. Since the rugs were thefirst thing to be laid down in the Library, the bookshelves are located on top of the carpets, rather than having the carpet cut around the stacks. Gibson said she was unsure whether the part of the rug beneath the bookshelves will dry or if there will be a mildew problem. Currently, there is a very noticeableodor problem. And although most of the water has dried in the open areas of the carpet, the water has caused staining. She said maintenance has plans to shampoo the carpet to kill the mildew. O'Brian Roof Falling to Pieces Another problem, which has been long-standing, concerns the external condition of O'Brian Hall. The building, constructed in 1972, first started showing signs of decay about five years ago when through water began leaking the ceiling on the seventh floor. No affirmative action was taken at that time to repair the problem and instead the problem has worsened and extensive damage throughout the seventh floor, with the most severe problem in the area of room 706. Garbage containers, lined with plastic bags to catch the dripping water, are lined up.outside the caused offices on the seventh floor as if it were garbage pick-up day. However, on a rainy day it becomes apparent that there are still .more leaks than there are containers to catch the water in. This has resulted in decay of the ceilings, water damage to and holes in the carpet, and damage to furniture and items in offices, not to mention damage to the internal structure which is unobservable to the naked eye. Not even The Opinion office, in room 724, is spared. It sports two garbage cansto Catch the water. And continued on page 6 SBA Veep Resigns To: Richard E. Gottlieb 'Date: January 30, 1985 It is with heavy heart that I render forth my resignation of the position of Vice-President of the SBA, effective immediately. Being involved has become my characteristicand I leave a great deal undone today. Unfortunately my studies and family must come first; due to my inability to juggle thevarious responsibilities that I hold, it hasbecome imperative that I lessen the load which I have attempted to carry. My deepest apologies to those ofyou who have believed and supported my actions on the SBA. Although not everyone can accept my positions on the various issues, I pride myself in taking a stance and working toward a better SBA. My decision to resign is due to scholastics and not politics, and should therefore not be taken as a sign of discontent within the SBA (nothing could be farther from the truth). I apologize for the burden I leave behind. I am confident my replacement will endure end add to the accomplishments of this administration. Sincerely submitted, Anthony N. Torres See related article page 7. �Vol. 25 No. 8 February 6,1985 Editor-in-Chief: Robert M.Cozzle Managing Editor: Victor R. Siclari s News Editor: Randy Donatelli Features Editor: Andy H. Viets Business Manager: John K. Lapiana Staff: Tim Burvid, Victor J. D'Angelo, Robert C. Lehrman, Cliff Falk, Paul W. Kullman, Pudge Meyer, Lisa M. Roy, Peter Scribner, Jeff H. Stern, Tony Torres. © Copyright 1985, TheOpinion, SBA. Any republication ofmaterials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of NewYear at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition & Design: Words & Graphics, Inc. Editorial Policy The Opinion Editorial Policies Questioned Stances Called 'Hypocritical' the To the Editor: (Reprinted with permission of The Spectrum) If you gentlemen can find the time and energy needed to rouse yourselves from the gutter, I have a few words of praise for you. Congratulations! You have surely reached new depths in editorial irresponsibility. Your success of the You measure SBA President by his ability to be "effective in keeping in line a group of people with widely divergent views", and refer to the members of the Board as the President's "troops". These militaristic metaphors, used to describe an elected body of student representatives, are interesting indeed. It is evident fromyour editorial, that you believe the sole function ofthe SBA is to throwkeg parties. While these events, in their own right, are worthwhile, the SBA has traditionally recognized a sense of social responsibility which prompts it to sponsor activities whose focal point is not a beer keg. The SBA is political; The Opinion is political, in fact, we Americans are a very political people. You speak of hypocrites, and political neutrality, yet it is your own, narrow, political reference point upon which you ground your accusations. (With reference to Westwood: "In fact, every editor on our staff would have gone.") One last note, with reference to Messr. C. Donatelli's "article" about PAD. Without disparaging the group in any way, I would like to say the "article" should have either been labelled an editorial, or noted the fact that Donatelli is both an editor of The Opinion, and an officer of PAD. This simple rule of journalistic ethics isfollowed by such papers as the New York Times and The dual editorials in the 12/3/84edition of The Opinion were worthless. I have placed copies on reLibrary for Over the past semester, there have been several complaints about the manner in which serve in the Law School community to perUniversity the of function due to the lack of awareness the The Opinion has operated. Part of thefault was these editorof a newspaper and the other part was due to the absence of sufficient communication with use: if nothing else,for their singthe students. In order to clear up any ambiguity or questions concerning the newspaper's ials are of interest integrity. ular lack of journalistic policy, we have set forth what we deem to be the most relevant aspects of our functions Messrs. Cozzie, Siciari, Donaland methods of operation. telli and Viets, you have compromised your paper in order to Articles mount your unfounded, maliOur dates of deadlines, layouts and publication are posted at the beginning ofeach semescious, personal attack against ter in the mailroom and on the door of The Opinion's office, room 724 O'Brian Hall. All Student Bar Association Direcarticles submitted must be typed double-spaced in order to facilitate editing. Articles submittors Olin and Ginsberg. As you ted after the deadline will be published only if there is prior notice. noted in your editorial, the All articles received are subject to editing for spelling, punctuation, diction, libel, or gramWestwood decision was based mar. This includes changing words in a sentence in order to clarify the meaning of the on a 7-6 vote of the SBA Board author. No substantive changes in an article will be made without first receiving permission of Directors yet it is only from the author. Articles may be shortened if there is a lack of space. However, this is rarely Ginsberg and Olin whom you done, with preference given to shortening ad space to accommodate copy. All articles subsingle out for attack. Why? mitted will be published if there is enough space. Due to the method of printing, the size of Your critique of the proposal a newspaper such as The Opinion is printed in multiples of four pages. Therefore, one week to send the $300 to Ethiopia is there may be enough copy for ten pages, but we can only print eight pages. Whereas the pathetic. So long as the SBA next week there is enough copy for twelve pages, we will print twelve pages. posted notice of the proposal; Since our staff is limited, we cannot cover every issue of importance. We do try to print provided an opportunity for pubarticles on topics for which there isthe broadest base of interest. That by no means indicates lic debate, and then passed it by we disdain articles for which there is a minority appeal. Instead, we encourage students to a majority, it would seem well submit articles concerning the law school, its clubs, its students, different fields of law or within the authority of the SBA. the legal profession. The SBA charter is broad: it leaves theBoard room to take exAds Ads should be submitted as early as possible prior to the deadline for articles. If an ad traordinary action in the face of will be submitted late, notice should be given in advance to The Opinion. All student-funded an extraordinary crisis, i.e., the' Spectrum. Gentlemen, there is hope! Rest clubs are entitled to free advertising space for club-sponsored events (except fund-raisers) famine in Ethiopia. Your editorials provide your assured you can sink no lower. or club meetings. Ads for outside businesses are subject to our advertising rate, a copy of which is available upon request. Club ads for profit-making ventures will be given discounted readers with some insight as to. Sincerely, advertising rates, however. The Opinion will try to accommodate as many club ads as space your character, or lack thereof. George A. Terezakis permits in the issue, the least priority going to a second ad submitted by the same club. The Opinion reserves the right to alter the wording of student-funded ads in order to accommodate space restrictions. — v Paper 'Misstates' Views Headlines Dear Editorial Staff: also registering the highest number of votes. While I am sure that the Board appreciates The Opinion's positive statements concerning the majority of its activities, some facts need to be straightened out. The party at the Westwood counstory. The Opinion has suctry Club was never conceived as, ceeded in becoming part of the nor intended to be, a profit-makproblem, instead of a force in the ing venture. SBA was going to solution. foot the bill for leftover costs beBeginning with the subject of cause of a fear of exorbinant a "political" SBA, perhaps it is ticket prices. The party was esThe Opinion whoshould "spend tablished as a Fall Semi-Formal, more time researching." Rich and nothing else. Those DirecGottlieb won the presidency on tors whovoted against a country a political platform (as opposed club setting, all seven of them, to that which was based on parwere doing their job by upholdties, not politics). Given the exing what they saw as the contensive coverage by The Opincerns oftheir constituencies. The ion, both candidates were able Editorial statementthatall of The to clearly articulate their views to Opinion's editors would attend all interested students. That the panty epitomizes the paper's coverage, however encompasslack of concern for thosewith difing for the executive offices, was fering viewpoints. Which five non-existent for all other candimembers of the Board were dates. By soliciting viewpoints questioned concerning the vote? from all candidates, perhaps in a Any members whovoted against questionnaire. The Opinion, inhaving the party? Another note, stead of complaining about elec- your staff reporter/Director was toral reforms, could help solve not (along with myself) in attenthe problem. dance at the meeting at which the As a re-elected Director, I revote was taken. ceived the largest number of Lastly, I think that The Opinvotes from my fellow secondion's tacticsof singling out memyear students only after circulat- bers of the board to castrate for ing a position paper stating my a group vote is distasteful and views on important SBA issues. personally motivated. Seven Another interesting fact for the Board members voted against editors of The Opinion to note is the party at the Westwood, yet that Beth Ginsberg received the only three were chastised for it. same mandate in her class by continued on page 3 Headlines represent the main concern, issue or topic of the article. They are devised by Once again The Opinion has the editorial staff at layout. Due to the inability to change print size to fit the space, we must make the print fit in the space. Therefore, the size ofan article's headline can vary according shown its inability to collect and to the space restrictions on the individual page. This, in turn, means the headline may not analyze all of the facts surroundalways fully reflect the whole article. If any author wishes to have a particular headline or ing a situation upon which it reformulate his own headline, the author is welcome to attend layout and the editorial staff ports. In addition to continually will instruct you as to how the process of making a headline is achieved. covering merely one aspect of a Letters to the Editor Letters to the Editor will be published under the same guidelines as articles. Occasionally, the editorial staff will respond or make comments to these letters, especially if there is a direct attack on The Opinion or its policies or if the editorial board feels that the student's reliance is mistaken or not in the best interests.of the school. A student can request to have his identity withheld when his letter or article is printed. The student should submit the letter or article in a sealed envelope and indicate the request of anonymity on the outside of the sealed envelope. However, the student should indicate on a separate piece of paper his name in order to ensure that the article or letter is submitted in good faith. The envelope will be opened onlyby the Editor-in-Chief or Managing Editor. Staff Status All editors are elected annually at the end of the spring semester by the general staff. General notice is given of the date, place and time of elections. General Staff members acquire their status after three contributions, and maintain this status by earning one contribution credit at least once every three issues. One contribution credit is achieved by the publication of one article with a student's by-line, or two graphics, or two photos, or attendance and active participation at one layout, or a combination of the above. No credit is given for letters to the editor or un-by-lined articles submitted on behalf of organizations. Editorials Editorials may reflect a more detailed response or comment to an article or letter to the editor, or it may concern an issue which the editorial staff feel merits further discussion. The editorial does not single out any student for a personal attack, but it may be used to respond to an individual(s) who attack(s) our personal viewpoint. Like all students who 'submits Letters to the Editor orarticles, the editorial staff is entitled to express its viewpoints on certain matters which are directly related to the law school. In our editorials, we hope to achieve a balanced presentation ofthe issues, sometimes being biased or disproportionately weighted to one side of an issue in order to present a complementing viewpoint to those already conveyed. We do not profess that our viewpoint is the only correct one, but we do like to believe, just as anyone else does, that our opinion is the best one. The Opinion welcomes feedback and opposing viewpoints because it is only in that manner that the real truth can be ascertained by our readers. 2 Opinion February 6, 1385 ' �Meanderings: Columnist's Life is a 'Complete Disaster' And sure, I managed to takeall my finals and live to tell about it tjut I would venture a guess that I could have printed my exam answers in this space and gotten just as many laughs for — considerably less effort. And sure, I got an extension on — my seminar paper but so did everyone else, and I bet that none of them soon came to realize, as I did, that all of the work he or she had already put into it had nothing to do with anything even remotely resembling a legal concept accepted as -such somewhere within this universe. And sure, I drove all the way to Mom and Dad's house on Long Island virtually unscathed and in reasonably good weather but, so what? The conditions what hasbecome an all too often month of December is nothing diatribe on* my part concerning but a blur to me now, though that my cursed fate in hell itself. So, might just be due to the fact that let's start at the beginning: I was in desperate need of a pair My life is a travesty or, more of contact lenses at the time. simply put, it is a complete and Well, I suppose that in retrototal disaster. My problems spect, December wasn't so bad startedthis past December. Sure, afterall but lemme tell ya, the I was about to hand my Property month of January was definitely II paper in on time but I could a complete and total disaster. have lived without having to do Let's start at the beginning: it in the first place. Do you have any idea how I spent my three weeks on Long Island? Packing that's right, packing. It seems that Mom and Dad are planning on retiring sometime this year so I had to pack up all of my stuff in preparaeven the least political mind. tion for shipment to destinations One-sided reporting does notfall unknown. Have you any idea what it's like to try to either pack or in line with those First Amendment principles so clearly enunthrow away nearly twenty-five years worth of memories(or junk ciated in the Editorial on December 3. Instead of continually as Mom and Dad put it)? Believe remaining part of the problem, me, it is no easy task for a sentiperhaps the Editors of The Opinmental old softy like myself to ion can make a New Year's resol- dispose of even some of my life's ution to reflect and revise their treasures (I did keep my Mr. own techniques, and then start Potato Head, though). becoming part of the solution. When I finished packing it was Sincerely, Saturday, January 12, and time Lori Cohen to drive back here. That was an Second Year Director adventure I will not soon forget. — by Andy H. Viets I am very rarely in a good mood when I find myself in this part of the country and, particularly, in Buffalo for the month of January. This time is no exception. Now that we are all back in this God-forsaken frozen wasteland, I havechosen you, myfaithless readers, as the recipients of — — Cohen Charges Editors With 'Get-Them' Mentality continued from page 2 Why? The Editors' attempt to show what were obviously typographical errors in Ginsberg and Olin's letter only confirms the pettiness of their attacks. The Opinion's latest show of disapproval concerning the' politics of famine clearly establishes the "get-them" mentality of the school newspaper. It was, in fact, theBoard who suggested a fund raiser, along with the donation. Comparing a party to the issue of millions dying daily offends — — I did manage to set a new per- sonal land speed record for getting my car from Long Island to Buffalo—four days. It seems that Delilah (that's mycar's name) decided that she wanted to visit Binghamton for awhile. As I was driving north on Interstate 81, just before it crosses NY 17,her clutch gave out (just like a woman, wasn't it?). As chance would have it, however, a series offortunate events came my way. I was able to flag down a truck, which drove me to a gas station, the operator of which had a tow truck which he used to transport Delilah to a Nissan service center (Delilah is a Datsun, and since Nissan is now Datsun, or is it the other way around, thismade perfect sense), the manager of which, after informing me that absolutely nothing could be done until Monday, directed me across the street to a Chevrolet dealer, in which the salesperson rented me his last available car for nothing more at the time than a small cash deposit (which was particularly fortunate considering that no financial institution is insane enough to give yours truly a major credit card). To make a long story short, I drove the rest of the way here in a blinding snowstorm, though without mishap, and a few days later I returned to Binghamton to get my Delilah back. I am happy to report that Delilah and her not as-proud-as-he-once-was-owner problem, insteadof a force in the shape. Do not think, however, thatthis is the end of the story, for the — — rest the Blizzard of '85 is yet to come. You are most likely asking yourself at this very moment where I was meandering about when that raging storm commenced. Well, I was at home, where I stayed for the next several days. Things sure did get messy out therefor awhile, didn't they? Actually, though, several good things happened overthatperiod of time: 1) I rewrote my seminar paper from last semester (the one I got an extension on), 2) the 49'ers kicked the shit out of the Dolphins (in Super Bowl XIX), 3) Mayor Griffin proved that he could perform reasonably well as Streets Commissioner (maybe they should give him the jobpermanently and let someone else be mayor), and 4) Governor Cuomo declared Western New York a disaster area (something he shouldhave done years ago). It appears thattheeffects of the blizzard may be with us for a while yet. One of my roommates still hasn't shown up at our apartment, and at last report he has no intention of doing so until every last snowflake melts. At this time you are probably wondering why I have used this entire column to describe such mundane things as packing, Delilah, and snow, when I could have written about my most recent excursion to Paradise the South Coast of California. Well and I am ashamed to admit this I did not go there this past Christmas break. Even ramblin' gamblin' men like myself have to deal with occasional budgetary constraints. I am, . — — — however, tentatively planning one last pilgrimage to my adopted homeland during spring break before I make the big permanent move in May (job or no job). Despite my belief in those eternal words of John Lily in Mother Bombie, "I thank you for nothing, because I understand nothing," I would like to close by stating that any and all donations to this worthy cause will be gratefully accepted (though I seriously doubtthat they would be tax deductible). Accusations are Unfounded, Editor Counters Dear Mr. Terezakis and Miss Cohen: Thank you very much for taking thetime and effort to respond with to our recent editorials the unfounded and uneducated accusations you have assailed our characters with. Before I respond to these character assassinations, I must digress for a moment. An editorial is a comment orpoint ofview which reflects the beliefs of the EditorialBoard. We do not claim to be, nor maintain any semblance of, the Almighty. As many of our readers know, we are law students. We are membersof the law school community and, as such, we also are constantly in contact with members of the studentbody. Many of oureditorials are based on these contacts and, therefore, are not "attacks" on certain events, decisions or indias they have been viduals termed. Instead, they are reflections and statements of the attitudes we, as law students, experience from our fellow classmates and which we, as the editors of the newspaper, communicate in a forum other than the bathrooms, the Baldy Walkway or the Library. But to the point at hand... Mr. Terezakis, when one considers journalistic integrity, you ant certainly not an expert. Further, your own statements — — , show how inaccurate your accusations are. Your (mis)quote as to how we measure the SBA President's ability certainly produced a smile on these lips. Our statement (see: The Opinion, 25/7, "SBA Semester Report Card") was thatRich Gottliebhad not been effective as to "keeping in line" those "people with widely divergent views on the purpose of the SBA." Amazing how a quoted statement can change meaning merely by using the full sentence, isn't it? As to your comments regarding the by-line of Randy Donatelli'sarticle on P.A.D., theobservation you made as to Mr. Donatelli being both an editor of The Opinion and an officer of P.A.D. is an indication of the extensive research you musthaveundertaken to prepare your diatribe. As any alert reader could discover, Mr. Donatelli's name is prominently displayed on our masthead next to the title "News Editor" and, as one who once was a member of P.A.D., you must know that Mr. Donatelli is the Chapter Clerk. Very astute. At this juncture. I also would like to address Ms. Cohen as well as Mr. Terezakis regarding the Ethiopian famineresolution. Our critique of this propsed resolution was not baaed on our indifference to the famine problems, ' but the means by which it was to be accomplished. Apparently the two of you suffer the same shortsightedness that has become prevalent throughout the law school. Our editorial stated that student activity fees- could not be used for such purposes and that Ms. Ginsberg and Ms. Olin would be wise to check with Joseph Stillwell before earmarking these funds (The Opinion, 25:7, "Directors Receive D Grades"), as a means ofprotecting themselves. " While Mr. Terezakis apparently only had time to read the editorial section of our paper (as his letter was publishedDecember 7, only 1984 in The Spectrum three days after The Opinion editorialcame out, which means, considering deadlines, he had about a day and a half to churn out a concise, reflective and well thought outresponse), Ms. Cohen, you shouldhave assumed some journalistic integrity andread the beginning whole newspaper with the front page where we printed a news box regarding the special SBA famine meeting. The meeting was cancelled because Rich Gottlieb also contacted Mr. Stillwell prior to the resolution vote. One other comment, Mr. Terezakis. Surely you are not naive enough to believe thatany government orruling body should — — be allowed the broad, discretionary power you advocate for the SBA? Now, with regard to the one complete quote you used properly, Mr. Terezakis, and whichapparently has caused concern for "In fact, every Ms. Cohen editor on our staff would have gone [to the Westwood Country Club Semi-Formal]." I am sorry for printing such a truism. It reflects a modicumofbadtaste and indiscretion on mypart as Editorin-Chief of this newspaper. The fact is, except for a few individuals, there has been no adverse response to eitherofourpast two editorials (issues 25:6and 25:7). If theconstituencies whom these directors purport to represent were so concerned with these matters, why didnor they usethe available forums to express themselves and their disagreement with holding the semi-formal at the country club? Generally, nonresponse by a gro. \ as large and diverse as the law student body indicates eitherapathy oracceptance/acquiesence. Considering that many of our readers and friends (and, yes, they still respect us despite these abrasive "attacks" as you have so ineptly put It) congratulated us on our editorialandacknowledged their corresponding beliefs, the editorial board feels that we have — . more accurately represented the student body than the SBA on certain issues. This letter may seem sarcastic and cynical to some, humorous and farcical to others if is to be treated as a little ofboth. That is what happens when you beat a dead horse. Take it for better or worse but keep in mind the initial comments I made at the beginning of this commentary. The editorials written herein are a true consensus of the editorial board and are published with that intent. Robert M. Cozzie Editor-in-Chief — SUMMER LAW STUDY in Dublin London • Mexico City Oxford Paris Russia-Poland San Diego Foreign LH> Program* Univ or SunDi«9G School 0> t•» MotWPwK Smi DtMJO CA »»110 6. 1986 Opinion 3 �Policy on Endangered Species Examined by David Piatt The current method of endangered species management in the United States involves the use of the übiquitous cost-benefit analysis mechanism. The task is simple or at least it appears to be. The benefits accrued from preserving the livesof organisms from both the plant and animal kingdoms are weighed against economic and social costs necessary to make such a preservation effort possible. This procedure, which is so deeply engrained in most if not all aspects of the governing process, has in the past two decadesbeen formally made the very basis of the endangered species management decision- Factors To Consider Certainly many factors can be taken into account to arrive at an extremely rough estimate. Such factors might include the aesthetic valueof passing through a delicate and unique ecosystem or spotting a rare bird. Others might include research potential in making agricultural advances and in the development of new products and medicines. Genetics research is essential for the improvement of crops; the rapid doubling rate of the world popu- lation is placing an ever-increasing strain on current agricultural practices. Energy research also benefits from genetics work, as new products such as biomass making agenda. and oil energy sources have been developed from various plants. The Balancing Process Roughly half of all drugs prescribed in the United States have A brief review of the parameters involved in this balancing their origins in living resources. process reveals how uncertain Medical research, on such disthe results of such a program can eases as cancer and diabetes, is be. On one hand, there exists a dependent on a large and diverse fairly distinct and identifiable genetic pool. character called "economics". These important reasons for The costs involved in the setting maximizing and preserving biological diversity tend to emaside of a given acreage of wetlands, forest, or farmland in phasize one vital point: we do not order to preserve a species or necessarily know what we are population are relatively easily losing when a species dies out. calculated. In a similar fashion, Biological diversity on the ecosystem, community, population any losses absorbed by a landowner or developer who is pro- and species levels, is thus of the hibited from developing such utmost importance. land can be determined. Factors Causing Decline of Species On the other hand, however, The decline of a species can the permanent loss of a species, usually be traced to one of two population or even ecosystem is factors; habitat modification or an incalculable entity. Someoverexploitation. Habitat modifitimes a price or numerical value cation, the more prevalent of the just cannot be placed on such a two, can take many forms including the drainage of wetlands, the loss. Attempts to Protect Endangered Species development ofland for housing, agriculture or transportation, chemical pollution from point and nonpoint sources, and biothe displacelogical pollution ment of native species through The United States began the process of formally protecting — endangered species with the of the 1966 Endangered passage the introduction of exotics. Preservation Act. This Species The less common but more funds to acquire law set aside dramatic destructive force is that required the Secretary lands and the of overexploitation, with of the Interior to generate a list classic example being the plight of threatened species. Protection of whales. Whales are a common extended to foreign species property resource; they belong was in the form of import limitations group, or nato no one person, by the Endangered Species Contion in particular. As a result, servation Act of 1969. This act each whaler is encouraged to also promoted the benefits of an maximize his own take at the exinternational conference to dispense of the whale population worldwide problems in encuss and society as a whole. species management. dangered This concept of common propthese two general However, the erty abuse is not limited to specific proteckingdom. Tropical rain acts provided no animal forests, tion for any given species. This type of protection was first afforded by the Marine Mammals Protection Act in 1972, which imposed a moratorium on the kill- as an endangered "species", are being exploited at a phenomenal rate in Africa, Central and South America, and Southeast Asia. Some experts believe that all rain forests, with the exception of a few small gov- ing and importation of marine The United States' efforts on a The most comprehensive legthough criticized islation to date arrived in 1973, national scale, many environmentalists as by when the Endangered Species being insufficient, are impresAct was passed by Congress. sive. The major existing problem This important act gave the Secretary of the Interior the authority remains the fact that most species exist outside to protect all species in the U.S. threatened in developing counand provided for a formal listing of the U.S. tries.The U.S. cannot easily exert of endangered and threatened direct control over habitat modspecies. It also included a provision allowing any person to file ification or overexploitation outa civil suit against the U.S. or its side of itsborders. Internally, the agencies to enjoin them from need to find a happy medium between exploitation, controlled by violating the act. gave the 1973 Finally, law the economic incentives and preservation, which has mainly scienSecretary the authority to regulate indirect effects of economic tific and humanitarian roots, still activity on endangered species. exists. Government intervention, in the form of comprehensive This final version was incorporated in the notorious Section 7 legislation, appears to be moving of the act, which provided for the with.some success in the direcidentification of "critical habitat" tion of compromise. for a given listed species and — kilometers each year an area roughly the size of GreatBritain. To save these areas will requie more than simple legislation; the human problems must be solved first, beforeany significant headway can be made toward averting further ecological extinctions. . PASS WITH PIEPER Library Head Named Ellen M. Gibson, J.D., a 1980 cum laude graduate of the State University at Buffalo Law School, has been appointed director of the UB Law Library and associate Law School dean for legal information services, a newly created title. Gibson, who had been serving for the past year as associate director of the Law Library, succeeds Wade J. Newhouse as director. Newhouse, a Law School faculty member since 1958, accepted appointment as law librarian last year en an interim basis, having served in that capacity The Pieper seminar is now the hot' bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. previously. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. Gibson's dual appointment as Law Library director and associate dean was announced by Thomas E. Headrick, Ph.D., dean of the Law School. Before becoming associate director of the Law Library, Gibson was employed as an attorney with the Buffalo law firm of Albrecht, Maguire, Heffern and Gregg. She also supervised the — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 X 4 Opinion February 6,1985 firm's library. In addition to her law degree, Gibson received a master of science degree in 1964 from the School of Library Science at the University of Michigan and a bachelor of arts degree in 1963 from Denisoi) University in Ohio, where she was a Phi Beta Kappa student and a magna cum laude graduate. From 1974 to 1979, she was employed part-time as a reference librarian at the UB Law Library. She also has served as a reference and circulation librarian at Canisius College and as a paralegal problem lecturer at Hilbert College. She was director of the Clarence Public Library from 1965to 1967 and director of the Melvindale, Michigan, Public Library from 1964 to 1965. As an associate professor on the UB Law School faculty, Gibson teaches a course in Advanced Legal Research in Taxation. SBA Blizzard Bash — See Your Pieper Rep: Joseph D. Coleman Penny Rubin Deborah M. Williams loan Kenney Future Prospects mammals. ernment protected pockets, will be gone within the next half century. Solutions to this problem do not come easily. The people of the developing nations where most rain forests are found need this unique ecosystem to survive. As a result, the rain forests are being cleared at the fantastic rate of 250,000 to 300,000 square . which allowed the Fish and Wildlife Service to cancel or modify government-funded projects such that listed species were not further jeopardized. The rigidity of the standards set forth in the 1973 law, specifically Section 7, led in 1978to the passage of several amendments. These amendments in effect relaxed the standards by allowing a project to be exempted by a high level committee should the benefits of species preservation not compare favorably to "other considerations." This nebulous term refers to "overwhelming" economic and social considerations. The amendmentsalso provided for critical habitat designation at the time of species listing, imposed a two-year time limit between proposal and listing dates, and provided for a review of the status of each listed species every five years. Richard Eric Gottlieb Richard Schaus Steve Wickmark r The S.B.A. Social Committee Ken Libby The man with the and the Commencement Com$! mittee jointly sponsored theFirst Jane Blumenthal—The UltiAnnual Blizzard Bash (formerly mate Sign Maker! the "Who Needs an Excuse to Dan Elias —The King of the Party Party?" at the Pine Lodge ticket sellers! on Millersport Highway, on Scan and Richard of the Pine Thursday, January 31st. The Lodge for their cooperation Party raised almost $600 towards and everyone else who this year's commencement. I helped! would like to expressly thank a few people for their outstanding Thanks everyone for partying effort. with us. Look for more parties soon. Steve Schop The man who Sarah Ayer did everything! Chairperson, Lori Cohen She is the SBA Commencement Committee — — Social Committee! �NYS CIVIL SERVICE CAREER DEVELOPMENT OFFICE PRESENTS A SERIES OF CAREER PANELS EXAMINATION We understand that there is a conflict. The NYS Legal Careers Civil Service examination is being held on the same day as the Trial Technique finals, April 20. All students who are affected are eligible to take the CS Exam on Saturday, May 4. Trial Technique students who wish to take the Legal Careers examination on May 4 should: Submit their names to CDO by Friday, Feb. 14 Pick up the examination applications and announcement at CDO Return their completed application form and a check for the examination filing fee to CDO by Friday, March 1 Students who are not affected (are not enrolled in Trial Technique) must take the April 20 test; applications deadline is March 11. Applications for the April 20 test should be submitted to Albany directly. Litigation ——Civil Real Estate — Law — Practice — Matrimonial Labor Law — p.m.) afternoons February 13 February 20 March 13 • •• SENIORS!!! SENIORS INTERESTED IN PRESENTING THE STUDENT COMMENCEMENT ADDRESS ARE REQUIRED TO SUBMIT A ONE-PAGE PROPOSAL OUTLINING THE CONTENTS OF THE SPEECH. PROPOSALS SHOULD BE SUBMITTED TO THE DEAN'S OFFICE BY MARCH 15, 1985. March 20 Criminal Law Corporate April 10 April 17 Late (around 3:30 Rooms TBA Watch newsletter for specifics. The Jaeckle Center for State and Local Govern- ment Law will kick off the second semester with a box luncheon on February 11, 1985 at 12:15 P.M., in Room 545, the Faculty Lounge. Our guest will be Robert Whelan, the controversial Comptroller of the City of Buffalo. All are welcome to attend. Put a little variety into your noontime break and join us! Poetry Corner by Victor J. D'Angelo Cabin Fever WAILI \)Q, Cabin fever, it's kinda like dance fever, 06lHio except I don't have the hair cut. ?6*M SI Make all kinds of dinners with chicken thigh meat, Nothing to do, but think of things to eat. Danny Neavereth 's been tell in' us about the snow, Pack it up Dan, I think it's time to go home and see the kids. Will we make it outa this alive, I don't know, but I know Ican't legally drive to the liquor store. 2-1 jf WALL H H H i U//">-!•€. X S"t/«AoVy Buffalo, We're Talking Trapped My girl wants to kill me with a sharpened axe. Bell's got no food left, nothing but chicken necks and backs. I haven't been able to study any kinda law, Thert 's three feet of snow in frontofmy door. Under the snow I'll leave my car, Gonna pipk it up after the July bar. Stay inside my friend keep sane and warm, Stay inside my love they're predicting another storm. The Pine Lodge Check my knife at the door. SUNY at Buf, School ofLaw is having a party at the Pine Lodge. Crash my car into the snow, Inside I had to go and see the sights. The Big L's talking to a second year. Wait a minute, what goes here. There's a stuffed deer head on the wall. Way to go. Steve-O. S<3~xe La*J Pf*»^««'o<rs February 6, 1986 Opinion 5 �Repair Slated TO: FROM: RE: for CTBrian Faculty and Students C.H. Wallin Calendar Changes, Spring Semester 1985 Attached are the revised First Year and Upperclass calendars for the current spring semester. First Year — The revised schedule adds three days to the calendar: Monday, April 8 Thursday, May 2 Friday, May 3 This schedule gives us 12 Monday sessions and 13 Tuesday, Wednesday, Thursday and Friday sessions. Upperclass — The Monday, April revised schedule adds two days to the calendar: 8 Thursday, April 25 Following is a breakdown of the number of sessions: 12 Monday 13 Tuesday 13 13 12 Friday 12 Saturday It is suggested that Instructors provide a make-up class or add sufficient additional time to their classes to make up the lost time. Wednesday Thursday LAW SCHOOL CALENDAR SPRING SEMESTER 1985 UPPERCLASS REVISED Instruction Begins Washington's Birthday-OBSERVED Spring Recess Begins at Close of Classes Classes Resume Instruction Ends Examinations COMMENCEMENT Friday, February 15 Monday Monday Saturday Monday Thursday Fri.-Thurs. Sunday — Deadline for Law SchoolFaculty to hand in ' January 14 February 18 March 30 April 8 April 25 April 26-May 9 May 19 all grades forFall'B4 Semester. FIRST YEAR REVISED Instruction Begins Washington'sBirthday—OßSEßVED Spring Recess Begins at Close of Classes Classes Resume Instruction Ends Examinations continuedfrom page I as annoying this problem is to the sense of sight, it further affronts the sense of smellwiththe emanating mildew odor which pervades the halls. Failure of Roofing Materials Caused Problem Dean H. Fredericks, Assistant Vice President for Physical Facilities, explained that thefailure of roof materials caused the leaks. Most of the problem is occurring with the roof flashing where it meets the wall. Apparently there was premature aging in the roof due to the weather extremes which Buffalo experiences, Fredericks said. The remainder of the problem is aging, which is not uncommon for a roof ten years old. "Although we had hoped the roof would last longer, this is not unusual," noted Fredericks. According to Dean Headrick the initial delay on repairs was caused because neither the University nor the builders would take the blame and fix the roof. Eventually it was decided thatthe builder was at fault, but there was litle recourse because years had passed since the builder's bond had been returned and the building already had been accepted from the builders and turned over to the University Building and Grounds for maintenance. Instead theUniversity Construction Fund is going to pay for the repairs. University Construction Fund to Foot $127,000 Bill It was only thisfall that theUniversity finally obtained approval from Albany to have the roof repaired and let out the bids. But by the time a contractorwas chosen, it was too close to winter to do the work. Work is scheduled to start sometime this spring. The cost will be $107,000 for the external, structural repairs which will incorporate some design change to prolong the lifeof the roof, and $20,000 for interior furnishings. When Dean Headrick was Monday Monday Saturday Monday Friday Mon.-Fri. January 28 February 18 March 30 April 8 May 3 May 6-13 questioned why the University can completely construct two new buildings right across from O'Brian Hall in half the time that it took the Law School to get some action to have theroof repaired, he explained that this is due to jurisdictional problems. First of all, once the construction of a building is completed, the funding is closed. Then it is turned over to University Building and Grounds for. maintenance. They are two separate departments. Second, the Dean explained, "I am just a tenant, not a landlord." And if anyone should know about the constraints of feudalism, he is the one. !!! IT'S PARTY TIME !!! WITH THE OPINION Silver Anniversary Recruitment Party Thursday, Feburary 7 4:00 P.M. Room 724 Menu: Pizza and Beer Why? We could use some writers and photographers. 6 Opinion February 6,1M6 �VP Vacancy Opens by Lisa Roy, SBA Secretary Tony Torres, current Vice-President of SBA, handed in his resignation at the close of the SBA meeting held January 30th.With the deepestapologies, Tony Torres explained that responsibilities to family and studies had forced him to make this decision. Writing both as studentand SBA Secretary, I would like to thank Tony for his effort and time spent in office. Although many have not agreed with his positions on various issues, I thank him for caring enough to express his sincere beliefs in what is best for the student body and the school. The resignation of the VicePresident leaves a vacancy which must be filled. According to the SBA Constitution, if a vacancy occurs in an elective office and there are more than forty-eight class days left in the term of the departed member, an election must be held to fill the term. The election must take place no later than eighteen class days after the vacancy occurs. The election may be waived at the discretion of the SBA board if no more than one candidate meets therequire- ments for a valid candidacy as determined by the SBA. Any full or part-time student enrolled in the law school may run for office. A candidate must submit a petition containing signatures of at least 10% of the entire student body, in other words, at least 80 signatures. All are encouraged to run including SBA Board members. The Constitution mentions only two duties which are accorded to the Vice-President: to assume the duties of the President in his absence, and to be a memberand chairman of the External Affairs Committee. The Vice-President's role, however, expands and contracts throughout the school year, and he/she is looked upon by the SBA as being thePresident's right hand. An Election Committee will be formed to administrate the election. The committee will meet Thursday, Feburary 7th at 3foo in the SBA office room ,101. All those interested in either helping on the committee or finding out more informationabout the vicepresidency are welcome. If you cannot attend please leave a note in my box 744. — — Legal Aidfor Elderly is Topic Caring for the elderly sometimes requires decisions pertain- benefit programs such as Medicare and Medicaid, and financial ing to legal matters. issuesrelated to relocation of the To offer guidance, the Center elderly to long-term care for the Study of Aging at the facilities. State University at Buffalo has The winter-spring schedule scheduled a special evening also offers two afternoon and workshop on "Legal Aspects of seven morning sessions on a variety of topics. The $5 fee for Caretaking the Elderly." The program, one of 10 CARERS (an acronym for Caregivers Assistance and Resources forthe Elderly's Relatives Series) workshops planned for the winter- continued from page I spring period, will be conducted foundations. Access-to-Justice from 6:30 to 9:00 p.m. on March issues are issues such as ad27 at the Marriott Inn, 1340 Mil- ministrative rulemaking changes lersport Highway, Amherst. The and Legal Services Corporation instructors are two local attorbudget cuts. The coalition also neys, Beaufort Wilbern and Mary will act to encourage the formaEngler Roche. tion of public interest programs Family caretakers who attend and foundations at law schools advised about property be will which do not have themal ready. ownership, estate planning, TheBuffalo Public InterestLaw wills, power of attorney, public Program feels encouraged and each session, to help defray costs, is payable through formal registration or at the door. Further information, including registration procedure, may be obtained by contacting Marlene Kwiatkowski, program coordinator, at the UB Center for the Study of Aging, (716) 831-3834. Fund Raising Emphasized resumes professionally typeset Buffalo. To: All SBA funded organizations RE: Compliance with By-Law 13 of the SBA By-Laws and current office holders By-Law 13requires that "All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: 1) send a representative to one SBA meeting in the Fall of each school year (before November 1), and In the Spring (before April 1) to report on the group's activities and plans. 2) publish a letter describing the club's activities and plans in the Law School newspaper, The Opinion, after October 15th and before March 15th, of each school year. 3) submit a list of at least 10 signatures of matriculated students who are members of the organization. This By-Law is designed to encourage an increased awareness of the rich variety of activities within the Law School community. Organizations which do not meet all of the above requirements may have their charter(s) revoked, and may at the discretion of the SBA Board of Directors be denied future funding." IVJev\s Xc»r-I< excited by the great deal ofinformation that was shared at this conference. The organization is incorporating such information into its fundraising strategy for this, its sixth, year of summer internship placements in Western NewYork. Students interested in BPILP are encouraged to contact Al Dong, Sue Silverstein, Charlotte Sibley, or any of the BPILP directors. FREE BEER!! FREE PIZZA!! I BAR/BRI PRESENTS j STAN CHESS I Discussing Summer 1984 Bar results and introducing this summer's new bar review programs. § Wednesday, February 13, 1985 | | 12:30 in Room 109 | Any questions, please contact the following: Scott Stechman Mary Pat Enright Jay Goldstein Karen Vance Jill Kawa Dan Elias Steve Wickmark Lorrie Kolbert Vie D'Angelo Roland Cercone Jack Murray Rita Hubbard ' GayleTowne Laurie Frank Lee Smith Seth Sahr Andy Fleming Tom Pernice Wendy Friedberg Jane Blumenthal Jessica Braginsky Sim Goldman Dan Figueroa Jason Reid Roy Mura Susaft Berkow Gary Farrell Paul Hensley Rich Murphy Susan Kozinn Cathy Pappas Nancy Barshter Gina Peca - .. . 401 Seventh Avenue, Suite 62 . - - Rob Galbraith Tim Farley Bill Daly Lori Cohen Laura Washington Bonnie Gould Leslie Stroth Paul Korniczky Tina Simpson Patty Robinson John Matt Fusco Ed Peace Tom Roach 1 1 | | New York, New York 10001 (212) 594-3696 - - - m " -,—^^m^^^—u^jiM February 6,1986 Opinion 7 �H Hr WITH JOIEPHSON BAR REVIEW COURSE VALENTINE'S DAY PRICE ROLL BACK! ENROLL BETWEEN FEBRUARY 1 & 14 AND RECEIVE LAST FALL'S $150 DISCOUNT OF: $125 $175 , 8 <£")1985 JOSEPHSON BAR REVIEW CENTER OF AMERICA Opinion February 6, 1985 - NY NJ - PA r � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-02-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ee744a5e3580f0c1371a5e1a73f11440.pdf d572e02777f5af97f77cf67ef19913c4 PDF Text Text THE OPINION Vol. 25, No. 7 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Tenney, Metz Victorious in Moot Court Competition by Peter Scribner Kathleen Tenny and Matthew Metz narrowly edged out Candy Vogel and Howard Spierer in the final round of the 1984 Charles S. Desmond Moot Court Competition on Saturday, November 10. Each team of finalists had survived a month long brief writing exercise, threerounds of preliminary oral arguments, and two elimination rounds before presenting theirpositions forthe last time to a panel of distinguished appellate jurists in the Moot Court Room. Presiding over -the four member panel was Matthew Jasen, currently an associate judge on the New York Court of Appeals. Joining him were two members of the Fourth Department Appellate Division of Supreme Court, Judges Michael Dillon and Delores Denman, as well as Dean Headrick of theLaw School. Retired Courtof Appeals Chief Judge Desmond, namesake of the competition, was scheduled to preside as usual, but he was unfortunately indisposed with a minor ailment. This year's problem dealt with the First Amendment rights of cable television stations. The mythical state of Orwell passed a statute requiring cable companies in that state to provide public access channels, whilethe FCC promulgated regulations requiring cable companies to monitor their public access stations for indecent and obscene programming. An Orwellian cable company, Starcom, challenged the statute as being unconstitutional by the First and Fifth Amendments, and in addition that the FCC had neither statutory or constitutional authority to pass the regulations. The participating moot court teams worked together in writing a brief, while in oral arguments one team member argued the state issue, while the other tackled the FCC problem. While only one ofthe forty-four participating teams emerged as eventual winner, all participants agreed thatthe competition was a remarkable educational experience. Over four hundredlocal attorneys volunteered their services to act as panelists; many Kathleen Tenney and Matthew Men, winners of this year's Desmond Moot Court Competition.- Ptotoby Victor R. Sicliri of whom had participated in moot court when they were UB law students. In general' the panelists were pleased with the organization of the competition, although some did note that the subject matter—First Amend- sues involved. continued on page 4 SBA to Meet on Famine At theNovember 28,1984 meeting of the StudentBar Association, the Board of Directors acted to propose a Special Resolution calling for the donation of $300 of unallocated SBA funds to the Ethiopian famine relief cause. The resolution will be debatedand voted on at a special SBA meeting to be conducted at 5:45P.M. on Wednesday, December 5, 1984. Third-year Director Beth Ginsberg, at the November 28th meeting, originally advocated using for this purpose the $500 not used for the Westwood affair. Due to general disapproval by her fellow directors, this suggestion was changed to using unallocated funds in the amount of $300 (with a matching fund provision for up to $200 more). In addition, it was also originally proposed that the SBA immediately vote to send the money to a relief agency. After some discussion, however, it was decided by a ten to seven vote that Bylaw 14 should be triggered, therefore requiring an actual resolution to be drawn up and posted. The posted resolution states that $300 of unallocated SBA funds are to be given to the American Red Cross African Famine ReliefFund. In addition, the SBA will provide $200 in matching funds for efforts contributed by individual students and faculty and staff members. Copies of the resolution are posted in the mailroom, on the SBA office door, and on the stairwell window between the first and second floors. The wording of this resolution can potentially be altered at the meeting. The SBA urges all students to attend the special meeting this coming Wednesday at which the resolution will be considered. In an interview with SBA President Richard Gottlieb, The Opinion learned that, though he is sympathetic to the problem, he personally opposes this particular resolution. It is his view that if the SBA were to fund this particular charity, it would find itself in the position of being sought to fund other charities. (NOTE: At press time it was learned that Joseph Stillwell, Assistant to Dean, Division of Student Affairs, told the SBA they would not be permitted to use the money for the famine. The meeting for the special resolution has been cancelled.) Exam Procedures, Policies Revealed TO: Students FROM: J.H. Schlegel, C.H.Wallin PROCERE: EXAMINATION DURES AND POLICIES A. Regular Written Examinations 1. A staff memberand/or student assistants will be available at a table near Room 106 to assist students with any problems that may arise during the course of the examinations, (e.g., arriving late; completing the exam before the allotted end time and wanting to hand in the bluebook; question of possible typing errors in the examination). 2. Members of the administrative and secretarial staff will start each in-class examination and will take attendance. The staff will insure that all bluebooks are accounted for and that all examination questions are returned. The staff will insure that all examinations begin and end on time. 3. Students are notpermitted to take any regular written examination in other than the inside... ....... Pudge's Corner . . . . . pg. 8 Meanderings ment rights and communication law—was unfamiliar ground for most local practitioners. Therefore they sometimes felt illequipped to discuss the legal is- December 3, 1984 pg. 3 room assigned unless prior approval has been given for reasons such as typing. 4. The procedure for maintaining anonymity on examinations is unchanged. This semester each bluebook will have a pre-numbered labelaffixed to it. - This label is in threeparts: Label No. I —permanently attached to the bluebook. The student enters the Instructor's name, course, date, section and graduating senior, if applicable. Label No. 2—The student name, ■ instructor, enters course, section, date and again graduating senior if applicable. This label will be removed by the staff on the thirdfloor. The labelsfor each examination will be kept in a sealed envelope under lock and key during the grading period. The No. 2 labels will be affixed to the bluebooks after the grading has been completed. Label No. 3—The student course, instructor, date. The student keeps this copy. It is the student's proof by number, of the identity of the bluebook, and is a receipt for the exam. enters B. Take-Home Examinations 1. Take-home final examinations are authentic written examinations in lieuof the inclass final examinations. Take-home examinations will beadministered by theRegistrar with the A&R staff. 2. Take-home examinations must commence within the regularly scheduled examination period, and should be scheduled for return to the Registrar not later than two days after the close of all examinations. 3. The Registrar will have complete instructions detailing the rules prescribed for take-home final examinations, e.g., date(s) for release of the examination, date(s) for return of the completed examinations, specifications, if any, regarding collaboration on examinations etc. C. Papers in Lieu of Final Examinations 1. All student papers for seminars, independent study projects and courses are due no later than the last day of the examination period. Papers should be turned in to the instructor. 2. Extensions of time may be granted on application by the student, if approved by the faculty member concerned, and by the Associate Dean. The form "Request for Extension of Time" must be completed. Forms are available in A&R, Room 306,andRoom 312. D. Rescheduling Examinations Prior to the Start of the Examination Period 1. A student may request to change an examination date to a different timedun'ng the examination period. Such a request will be granted only in the most extraordinary of circumstances which must include at least: a) two examinations sched- uled on the same day; b) three or more examinations on consecutive days; c) four examinations or more in one week. Any request for such a change must be accompanied with a cogent explanation of why the courses in question were taken knowing that taking examinations scheduled in advance would cause a burden on the student sufficient to require the relief requested. 2. Students must present requests for rescheduling examinations to the Associate Dean prior to the beginning of the examination period who will act on them.Should such a request be granted the Registrar will consult with the instructor in thecourse(s) in question before rescheduling the examination(s). E. Rescheduling Examinations During the Examination Period 1. Students are required to take examinations either on the regularly scheduled day during the examination period, or on the day set for an examination which has been rescheduled under the provisions of Part D above. 2. Failure to take an examination on the regularly scheduled day, or on the day setfor a rescheduled examination constitutes failure to complete the work in the course in question, and the student will receive the grade of F for the course unlessthestudent: a) was ill on the examination continued on page 6 �VbL 25 No. 7 December 3,1984 Managing Editor victor R. siclari Randy Donatelli News Editor: Features Editor: Andy H. viets Business Manager: John K. Laplana Staff: Robert Marc Bursky, Tim Burvid, Victor J. D'Angelo, Robert C. Lehrman, CliffFalk, Paul w. Kullman, Pudge Meyer, Peter Scribner, Jeff H. stern, Tony Torres. © copyright 1984. me Opinion. SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It Is the student newspaper of the State university of New York at Buffalo School of Law, SUNYAB Amherst Campus, Editor-in-Chief Robert M. cozzie Buffalo, New York 14260. The views expressed In this paper are not necessarilythose of theEditorial Board or staff of The Opinion. The Opinion Is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The opinion is determined collectively by the Editorial Board. The opinion is funded by SBA from student Law Fees. Composition & Design: words & Graphics, inc. SBA Directors Sound Off To the Editor: Once again The Opinion has abused the privilege accorded it by the board of directors of the S.B.A. We, as thirdyear directors, feel it is high time The Opinion took stock of itself and devoted a modicum of thought to the "opinions" it publishes, inaccurate as they often are. We want to specifically draw attention to the malicious and ill-informed recent editorial published by the editors entitled: "S.B.A. Decision Condemned: Members Out ofTouch". SBA SemesterReport Card Over the past few months we have occasionally used this space to eitner state our disagreementwith a particular Student Bar Association decision or to suggest some course of action. In this, the final edition of The Opinion for the fall 1984 semester, we present our view of the SBA Board of Directors as a whole with respect to their activities since taking office in September. Admittedly, we have at times been rather critical of the SBA and particular members of that body. We would therefore like to first commend the directors and officers for certain of their activities. While we initially had some doubts about President Richard Gottlieb's abilities, he has proven to be an extremely hardworking and concerned leader. Though he has not always been effective in keeping in line a group of people with widely divergent views on the purpose of the SBA, he deserves at least some praise and thanks for the numerous hours he has put into his position. Treasurer Gina Peca and Secretary Lisa Roy have also put in a maximum effort and deserve similar accolades from both us and the student body. Even Vice-President Tony Torres, who we outright disagree with on virtually everything, should receive acknowledgement for the work he has put into his job. While we cannot say the same for all of the SBA Directors, many have demonstrated their interest in student affairs and their willingness to put in long hours for the benefit of their fellow students. In addition, Rich Gottlieb and his troops can point to substantive acts which have benefited the students this semester. While we disagreed with the procedures used, the SBA (and particularly Gottlieb),can take credit for increasing student representation on the Dean Search Committee. The Halloween Party, while not as well attended as had been hoped, was a fun and successful activity for those who did participate. The SBA has funded keg parties which fall into the same category. Perhaps the largest success was in the absence of doing something—there have been no political resolutions crammed down the students' throats. The only SBA act which tarnishes this impressive record was the ill-considered Westwood decision, which brings us to our final point. We wish that we could write that all has been rosy with the SBA thus far this year. Unfortunately, we can not. While in the past they were represented by a larger number of individuals and while their power has been substantially reduced this year, there remains a small but influential faction in the SBA which insists on imposing its own political views on the rest of us. We couldn't care less if these people were liberals, conservatives or anarchists—what they are doing is wrong. They are concerned only with seeing their personal political concepts forced on the rest of us. Those beliefs have nothing to do with the purpose of the SBA. If these individuals really cared, they would stop what they are doing and instead devote their efforts towards doing what is in the best interests of the students. If they are not willing to perform their functions properly, in line with what they were elected to do, then they should resign their positions. In any event, this continuing problem which has plagued the SBA for years, needs to be rectified. We once again call for the electoral reforms advocated by us earlier this semester. As things stand, the students do not really know what they are getting when they mark their ballots. It is our view that certain SBA Directors would not have been elected if the students really knew where these people stood and what they advocated. We therefore implore the current Board of Directors of the SBA to institute a new electoral process for next year which will serve the interests of all the students and not caterto a smallbut influential group which clearly does not represent the majority. DirectorsReceive D Grades Once again, certain members of the SBA have abused their privilege accorded by the law school student body. They have used their positions on the SBA to further their political and social viewpoints. The members we refer to are Beth Ginsberg and Judy Olin (see "SBA Directors Sound Off" on this page). Ginsberg and Olin accuse The Opinion of "abusing the privilege accorded it by the board of directors of the SBA." First of all, the SBA does not run The Opinion. We are an editorially, independent student publication of the law school. What we state in the editorial, and the views expressed by others through this media, are protected by the First Amendment of the Constitution of the United States, as long as they are not libelous or slanderous. For the SBA to tell us that we cannot constructively criticize the political process of this school is akin to anarchy or dictatorship. We will not keep quiet if we think something has run afoul. True, the SBA does have "power of the purse" over our funding, but if it intends to hang it over our heads as a "privilege" then this is blackmail which we will fight against. We are the only SBA-funded organization which is expected to raise over one-third of our budget with revenue. Although we are allocated $6,500 a year to publish twelve to fourteen issues, we must raise an additional $5,700 through advertising to meet pur expenses. No other club has this responsibility. There is not much more the SBA can burden us with. Secondly, it is Olin and Ginsberg who do not give a "modicum of thought," but write inaccurate (in substance and form, i.e., spelling) and ill-informed letters. Olin stated at the November 14, 1984 SBA meeting (see minutes, Old Business, Item 7) that what we "published was hearsay since none of the staff were present at the meeting." First of all, we don't necessarily have to be present at a meeting to garner information. It is one of the primary assets of a reporter to be able to obtain facts from various, reliable sources. Three of The Opinion's staff talked to five different SBA members about the meeting, one of which was the President. We think it would behoove Olin and Ginsberg to approach us first and question our sources before they make accusations. Secondly, if they would spend less time accusing and more time researching, they would discover that one of our staff members is also an SBA director.We can revealwho it isbut we believe that asthird-year law students, Ginsberg and Olin should have the expert skills to do the research without our assistance. Thirdly, Olin and Ginsberg claim "the [SBAI decision was based on a consensus." A consensus is defined in our Webster dictionary as "group solidarity in sentiment and belief; general agreement; unanimity; collective opinion." We hardly perceive a 6-6 tie that has to be broken by the Chair of the meeting as a consensus. In fact, the close vote enforces our contention that this was a decision that was not fully supported by the student body at large and would best be left to the students' individual beliefs to attend the dinner rather than have the SBA decide for all the students whether or not the event should exist for those whowanted to go, regardless of thesocio-eco-political impact and implications. "Many students from all walks of life would not feel comfortable in the setting proposed by the commencement committee," state Olin and Ginsberg, but that is not a sufficient reason to effectively cancel the event. These students have the option of not attending the event and also could voice their opposition at'the SBA meeting.This decision was not "in the best interests of all our fellow classmates." In fact, every editor on our staff would have gone. If someone is needed to tell us what is in our best interests, then maybe we should pack up and go home to the safety and security of our parents' households. Fourth, and finally, Olin and Ginsberg claim The Opinion characterized them as hypocrites. While this may or may not have been true, let us now explicitly state that they are hypocrites. They say that the Westwood Country Club decision was done because the school "should not sink hundreds of student financed dollars towards an activity held at an institution which does not welcome all members of the student body." Yet Ginsberg is the first one to offer to send hundreds ofstudent financed dollars to another continent. We find it hard to see the all-revealing distinction that makes the dinner event impermissible, but the charity acceptable. In the former case, the student financed dollars were to be spent to raise funds for commencement. In the latter case, student financed dollars are to be sent to a charity to feed famine victims in Ethiopia. While we realize the importance of aiding these victims in a time of severe crisis, especially since the United States as a whole is such a humanitarian country willing to help others in need, we do not believe it is within the authority of the SBA to use money earmarked for student activities in this manner. It is a blatant case of ultra vires, i.e., where a corporation acts beyond its purpose and authority. If Ginsberg and Olin would check with Joseph Stillwell, Assistant to Dean, Division of Student Affairs, Room 543 Capen Hall, they would be informed that the student activity fee may be spent only for the purposes of social, educational and/or athletic events. In fact, we advise that before they do makesuch an allocation, they check with Stillwell to prevent allegations of ultra vires and/or misappropriation of mandatorystudent activity fees. While we don't criticize Ginsberg for her good intentions, and we want to stress this point to avoid any confusion in the future, we do not feel that the SBA is authorized to spend money in this manner. This money comas from student activity fees; therefore, it is to be used for student activities. If the SBA wishes to spend money for this purpose, it would be better, and probably within their authority, if the money came from a fund raiser or through individual donations. At least this way the donors would be able to claim a charitable deduction on their income taxes. "No longer will the SBA cater to the needs of a certain well-defined small group of students," state Ginsberg and Olin. While they may be referring to The Opinion, we believe they should take a look in the mirror, as difficult again. as this may be, for if this resolution pastas, they will be eating their own words... 2 Opinion December 3, IM4 The 5.8.A., acting as representatives of all of the student body, made a very difficult and wellreasoned decision to bar a stu- inviduous [sic] forms of discrimination through their member- rollment policies and innovative programs based on a liberal pradigm [sic] of education, should not sink hundreds of student financed dollars towards an activity held at an institution which does not welcome all members of the student body. While the editorial stated that the party would have been an "obviously beneficial and harmless activity," we ardently disagree. Country Clubs are not open to the general public and further practice that many students from all walks of life would not feel comfortable in the setting proposed by the commencement committee. No longer will the S.B.A. cater to the needs of a certain well-defined small group of students. We aim \p create a hospitable atmosphere within the halls of O'Brian by promoting policies evincing respect and concern ship policies. As Jewesses, we were inartdent-funded commencement fully and ignorantly characterized function at a private country club, as hypocrites; Jews were noted to after much debate entailing emo- have founded the Westwood in to tional pleas from divergent per- response exclusionary spectives. We, too, would like to policies barring Jews as well as see the senior class sponsor a other minority groups from semi-formal so as to raise funds membership in W.A.S.P. clubs. In for our commencement. Yet, the response to The Opinion's acdecision was based on a consen- cusations, we point out that we sus that we, as the only publi- acted in the best interests of all cally-funded [sic] state law our fellow classmates, with the school, boasting affirmative en- knowledge and understanding Letters . . . universally. Beth Ginsberg Judy Olin (Third Year Directors) To the Editor: Now that we're somewhat recovered from the month-long ordeal of Moot Court, we'd like to offer our thanks to all those who wrote the problem. We can truly appreciate all the time and effort that must have gone into its preparation. Although a few judges commented that they found it somewhat dry, the general consensus among participants seemed to be that it was Oral Argument Organization We understand that oral arguments must be scheduled in the evenings. Yet, special arrangements could be made for those who do not wish to miss their evening classes. We have some suggestions which might make this flexibility possible. Recognizing that the scheduling process is complex and timeconsuming, it should be done as early as possible and by a interesting. number of people. The deadline Many thanks also to all those for any special scheduling reBoard members wbp were, avail- quest could be as early as that able the weekend before orals to for the letter of intent. This could "play" judge and officiate in be included in the instruction practice rounds. We were grate.-. v-,.packet. ful for your encouragement and This year the scheduling proaccessibility. cess was complicated further by Although the overall experithe imbalance between petitionence was worthwhile, educaers and respondents. This could tional, and even enjoyable, we be alleviated by having a firm also would like to offer some con- deadline soon after letters of instructive criticism about certain tent are submitted for teams to aspects of the competition that notify the Board if they choose frustrated us personally as well to switch sides. Also early notifias our fellow participants, and cation of whenand against whom some suggestions for next year. the teams are arguing should Advisors eliminate most scheduling conAn advisor is very important to flicts. a team and can be most helpful. Judges However, this requires a subThis aspect of the competition stantial time commitment. An is most important. The quality of advisor should make the effort to judges varied greatly. To help enbe in contact with his or her team. sure a consistent high quality, Knowing from experience thatthe participants should be provided teams are working under severe withthe names of all their judges time limitations, an advisor must and given an opportunity to be available at crucial points of make a brief evaluation of each the competition. one. These should be noted by Administrative Details the Board for the following year Instructions given for the prob- when considering which judges lem should be as specific as pos- to ask back. sible. For example, if the ques- Aftermath tions must be divided between Now that all the scores are in team members in a certain way and all the awards are handed for oral arguments this should be out, why must we wait so long made explicit at the outset. Don't before ourscore sheets are made assume thatevery team will work available to us and before we these questions out for them- know who is on next year's Moot selves in the same manner. Court Board? Why must we go The system of questions and through the formality of a written answers on the office doorwas a request to get our evaluation good idea and for the most part sheets? We see no reason why helpful. However, we think more this information cannot be siminformation could be shared with ply dropped in our mailboxes. out detrimentto the competition. We hope these suggestions It would greatly aid the par- and remarks do not fall on deaf ticipants if they had more de- ears. The Desmond Moot Court tailed information on the scoring Competition is an excellent of the competition. We don't see learning experience which could any reason for it to be so secre- be made even better. tive. If participants knew the Susan Tamer Berkow categories and approximate Jessica Braginsky breakdown of the scoring proMarguerite O'Conneil cess, they could target those Andrew Katz areas deemed most critical. Howard Barman — - �Meanderings: Writer Returns: Ponders Course Offerings ing my second year, I was faced this past summer with the frightening realities of the fall 1984 class schedule. Right at the top of the list of seminars was a reasonably enough titled course: "Introduction to Policy Studies" to be taught by Dean Headrick. Reality hit home, however, with the first two sentences of the course description: "This course is about policy-making, mostly public policy-making. There is no use trying to say now what policymaking is or how one studies it." Let's be real people—if the Dean by Andy H. Viets As many of you have noticed and made me aware of in no uncertain terms, this column has not appeared in the last two editions of The Opinion. Due to other projects and a well-deserved vacation, I admittedly failed to put pen to paper in the process of meandering through the lastfew weeks of my life. No matter—l have returned for one last attempt at mirthmaking this semester. Though none have written letters, many have commented to me that they seriously doubtwhether my meanderings are true to ■life. While it is true that I have a severe credibility problem with most people, this is a blatant falsehood. First of all, as those ofyou who know me personally will attest to, I have no sense of humor whatsoever. Though I know a good joke when I steal one, I have no talent at all for making up the things I write in this space. Secondly, anyone who spends most of his time divided between this place (commanded by Space Captain Headrick and Space Cadet Schlegel) and the South Coast of California has no need to makeup storiesto fill the contents of a humor column. Casein-point: the class schedule for the 1984-1985 academic year here at the law school. meandered having After through such required courses asLaw in (out of?) Context A and B during myifirst year and having taken all of the few normal courses thatthis place offers dur- . Telefund Program Dear Lew Students: The University at Buffalo Foundation Telefund needs your help to contact Alumni to help raise funds for development at ÜB. Our past experiences have shown that students from the Law School have proven to be highly successful as Telefund Associates. As a Law Student we would like you to seriously consider participation in this year's program. Not only would your participation foster development at ÜB, butalso the prestige of your own degree. You would be given the opportunity to cultivate and refine skills needed in your career development such as persuasive negotiation, articulation, and ef- fective listening. Earning $4.00-$6.00 per hour, employment as a Telefund Associate is an educational experi- ence for which you are generously compensated. No, doubt, such an employment reference would be a distinct asset on your resume. I look forward to your eager participation in this year's Telefund. Feel free to call me at 831-3003 or 636-3013, or stop in to fill out an application at Room 155 Goodyear Hall (Main Street Campus) or on theAmherst Campus at theCenter forTomorrow. Sincerely, Mary E. Zieziula Assistant Director Technical Program Human Rights Appeal To the Editor: Notice December 3-10 is Human Rights Week December 10th is Human Rights Day In recognition of the necessity of addressing the violation of Human Rights across the world, this time has been set aside for educationand participation in the worldwidecause of securing fundamental human rights for all. This year's focus is on the torture of women all over the world, but it is not limited to such. As a symbol of one's personal recognition of this goal as the number one priority in all of our lives, I am requesting that each of us on December 10th, 1984, wear either a white armband or wristband in simple recognition of our hope that the cause is not a futile one. This is merely a token, granted, but in recognition of the mental state of most individuals prior to the commencement of examinations, it would be rather dubious to assume that the thoughts in our minds turn to the violationof human rights—the basics life and a reasonable amount of liberty every day, every hour, and every minute that we live and breathe. This commitment to securing Human Rights across the world extends to all continents, all national origins, all races, everyone. — , Margot S. Bennett Memberofthe International Law Society and Amnesty International doesn't have a clue what his own course is about, how am I supposed to? What's really scary, though, is that this man will be a full-time faculty member next year, meaning that there are going to be a lot of clueless people around this place next year (except for me—l'll be just as clueless as ever, but I'll have graduated by then). Moving down the list, I saw such gems as "Expecting" (sub- titled "The Life and Times of Al Katz, Part I") and "Animal Law" (rumored to be a required firstyear class next year). It took me over a week of coin flipping to choose which courses to take (my billable hours total wasn't too good during that period). After mailing in my selections, I first experienced a certain amount of relief but then started having a recurring nightmare about what the courses for the spring 1985semester would look like. When the new class schedule for the spring came out a few weeks ago, I was afraid to look. Rumor had it that Al Katz, Betty Mensch and Al Freeman were going to combine forces and teach something called "Expecting Animals." This proved false, but reality was nearly as bad. Katz was back with his "Rhizomatic Legal Reasoning" (otherwise known as "The Life and Times of Al Katz, Part II"). The description of this course speaks for itself: "The purpose of this seminar is to develop techniques of legal research and argument that are independent of category." Well, something is independent of category here. Elsewhere on next semester's list of courses, we find such traditional offerings as Al Freeman's "Law and Marxism" (the least he couldhave done was call it something different—I mean, let's be real Al, the word "Marxism" is just not going to look good on a transcript) and Guyora Binder's "Masterand Slave" (I have a few things that I could say about this but they're all potentially libelous). Why courses such as the ones mentioned above are' offered is beyond me. I showed the list ofthe fall courses to some of the attorneys I worked withthis past summer (perhaps a fatal error) and all they could do was laugh (you know what kind of shape you're in when a bunch of Californians think you're crazy). It is possible, though, that these professors are on to something. "Genius," wrote Elbert Hubbard in The Philistine, "is the capacity of evading hard work." In any event, as has by now become evident, for a humorist plying his trade at U/B there is no need to make anything up. What is written here is nothing more than a simple reflection (well, maybe refraction) of reality (as frightening as that might seem). Gay Law Student Exits Closet Reflectionsof a GayLaw Student by Brett Gilbert My hands are, already, beginning to tremble. My thoughts are confused, my emotions are mixed, I am tired; yet, my will is determined and I sense freedom through a lingering cloud of fear. I can see the beginning of a different view of the world, a view which allows human beings to freely create the value of themselves. I am a homosexual who is tired of lying to his friends, for they mean so much to me. I am a homosexual whois weary of sacrificing a full and meaningful life now, all for the hopes of some not-yet in the future. But most importantly, I am a human being in law school who is troubled with the way thelawand society treats homosexuals. What is the relationship between a homosexual and law school, or for that matter, the law? We might first ask, is there such a relationship? I think so. A gay person is on the fringe, on the outside of society, and in a very important sense, is able to look at society from afar, from a distance. A straight person is withinsociety (although she may be on the fringe for another reason) and is unable to step back so as to form a relationship with it. A heterosexual is society; a homosexual is not. A straight person is the Essential, the Subject, the One; a gay person is the Inessential, the Object, the Other. I see the law and it seems so far away—it is fixed, it is intransigent, it truly is the Absolute. What can I say about it, what can I do? I am afraid again. What will future employers think of me if they see a course in Gay Rights listed on my transcript? Will thepeople I now know and respect treat me differently? Will they view me as just another representative of a special interest group? We often hear how everyone in this country has an opportunity to be whatever they want to be; why do I feel an emptiness when this is told to me? I look at the law and I despair. Homosexuals are locked out of the military, the elementary and secondary teaching experience, and the institution of marriage. It is difficult for homosexuals to adopt a child, to be elected to a government position, and hold a lover's hand while walking down the street. I hear the words "faggot" and "queer" come from so many mouths, even from those who I consider friends. They seem to have no idea how much those words can hurt. The solutions to problems of law are complex. I almostfear my fellow liberals more than I do conservatives. I have come to expect conservatives and their hateful campaign of "traditional family values" stressing the differences between us all. Fathers are different from mothers, women are different from men. We all have different abilities which allow us to move up the social and economic ladders at different rates: some move quickly, others not at all. They claim there are differences in the moral worth of people—some are industrious, brave, and respectable; others are lazy, cowardly, and morally despicable. These differences are given; they are the basis upon which we treat each other differently. Traditional family values have been consistently used throughout history to oppress women, children and gay people. Liberals, on the other hand, stress the equality and similar- ities we all share. Yes, there are men and women, but we are all human; yes, there are mothers and fathers, but they all love their children; and yes, people do have different moral codes, but we are all doing what we think is right. However, with some of my liberal friends, I see in their hearts the recognition of equality, and yet, I suspect that many of them believe that the way one human being makes love with another human being really does make a difference. They ask us to follow them, but to lay low so we don't upset the others. However, all is not lost. Homosexuals can emerge from the nothingness to which we have been assigned; we can emerge from nothingness by assuming it. Yes, we are the Inessentialrather than the Essential; yes, we are the Other, not the One. We should remain on the outside, applying pressure to law and society, but not succumbing to society's demands for respectability. As John-Paul Sartre once said, "I think that for the moment the homosexual minority is obliged to remain rather isolated, to be a group in this prudish society, a group which is separated from it and which cannot [should not] blend into this society." We should remain free, we should remain divorced from the whole, giving ourselves a meaning for our lives, and not accepting the meaning others assign to us. Through the example of our freedom, others might learn to recognize their own. I am no longer afraid. I have, in a way, conquered the fear which, at first, clouded my freedom. I am alone, yet free; isolated, yet determined; no longer can others usurp my value, for I am the foundation of my own value. However, in my heart of hearts, I do fear losing the friendship of so many people I know and respect and love. To my friends, all I can ask is that you treat me fairly, you always have in the past; but don't ask me to play your game, I am free from that now. I want to be a part of you, but since I am not One with you, I may seem distant at times. That's 0.X., you still mean so much to me. To those whom I have never met—I can only ask you to give me a chance; but don't ask me to prove myself, I have done that far too many times. Someday, maybe we can talk. Now, if you will excuse me—l have talked for too long, and it is now your turn... December 3,1954 Opinion 3 �Review ofDesmond Moot Court Competition: Finalists, Award Winners, Board Members continued from page I On Saturday night, the Moot Desmond Moot Court Board judgeslisten intently to oral arguments. Court Board hosted a sensational banquet for all participants at the Syracuse Restaurant. The Quarter Finalists, SemiFinalists and Finalist Awards were handed out along with special awards for the top five briefs and the best five oralists. Rita GylysandLaura Washington won the top brief award, while Roy Mura scored highest in the preliminary oral argument rounds. For the names of all the award winners as well as the new members of the Moot Court Board, see the .accompanying chart in this issue. A final word of acknowledgement for a difficult job expertly accomplished goes to Moot Court Director Mary Armini and all the members of the Moot Court Executive Staff and the Moot Court Board. A competition of this size and complexity requires a massive amount of timeto organize; time contributed by Moot Court Board Volunteers. It is due to their efforts, as well as to the efforts of the participants, that has caused the Moot Court program at UB Law School to become one of the most successful in the Laura Washington and Rita Gytys accept their plaque for Best Brief. country. Howard Spierer and Conduce Vogel, preparing their arguments as Petitioners for the final round. To the Editor: The 1984 Charles S. Desmond MootCourt Competition came to a close on Saturday, November 10th. A list of the award winners can be found elsewhere in this issue. We thank the Alumni Association for sponsoring the Awards Banquet which honored all the competitors. I would like to take this opportunity to thank everyone who made the competition a success. First and foremost, I must extend special thanks to Executive Officers Edward Markarian, Emily Kern, and Steven Berkowitz for an exceptionally well-run com- . . lid Markarian (left) and Mary Aramini (back to camera) congratulate the second place team of Spierer and Vogel. petition. Finalists congratulate one another after competition The Problem Committee, Mary Breen, Edward Markarian, Steven Schop, and Al Stewart, deserve special praise for their extraordinary efforts and hard work in writing the problem and grading the briefs. All members of the Judging Roy Mura and Jay Goldstein received the award for Third-Best Brief. Committee should be commended for providing so many distinguished members of the local bar and judiciary for this year's competition. I extend my personal thanks to Emily Kern, Donna Hoelscher, Sarah Ayer, Judges commend finalistsfor their performance. and Lisa Block-Rodwin for their extra efforts in obtaining judges. In addition, the Board wishes to thank theLaw School staff and administration for their continued support of our activities. We would especially like to thank Ellen Gibson and all the library staff for the extra help and support they provided for this year's Peter Scribner and Paul Korniczky were recognized as winners forFifth-Best Brief. competition. Sincerely, Mary E. Aramini Director, MootCourtBoard Desmond Moot Court Winners: Kathleen Tenne^ and Matthew Metz Matthew Men and Kathleen Tenney. respondents, upon learning of their victory 4 Opinion DMMfeM t, IM4 Photos by Victor R. Slclarl . :aren Vance and William Daly, winners ofFourth-Best Brief �UB's PAD Chapter Calls Semester a Success; New Programs and Social Events Dot Horizon by Bandy Donatelli TheAlden Chapterof Phi Alpha Delta Law Fraternity is justifiably proud of its outstanding record of achievement established during thefall semester. P.A.D. is dedicated to providing service to the student, the law school, and the profession. Unlike other stuorganizations, dent P.A.D. doesn't just exist to represent a specific interest or promote particular causes. Rather, we are an organization which serves all of the law school's students. During thefirst week of school, P.A.D. held its semesteriy book sale, affording students an opportunity to make and save money by selling and buying used law books. The sale was an overwhelming success for P.A.D. as we made over $200 in profit. Our next book sale is slated for the first week of the next semester. Recently, P.A.D., in conjuncLawyer Assistance Program. tion with the Red Cross, staged Several P.A.D.'s can boast of garthe first of its biannual blood nering summer and part-time drives. We wish to thank all those jobs through this program, but who gave blood to this most this service is open only to P.A.D. worthy cause. members. P.A.D. isalso a leading sponsor The Service Committee is in of social events. Our racquetball the process of compiling and party last September was atpublishing a law school directory tendedby about 60 law students, to be made available early next most of whom thoroughly ensemester to all students. This joyed this occasion. In addition, monumental task is but one P.A.D. happy hours are not unexample of P.A.D.'s commitment common occurrences. The Soto serving the studentsof the law cial Committee of the chapter is school. planning another racquetball In light of the fact that P.A.D. party, a ski trip, more happy receives relatively little assisthours, and a possible banquet, ance from 5.8.A., the Finance all for next semester. Committee assumes an espeThe foundation of our chapcially important role. We must ter's success is based in various depend upon fund raisers and committees which are charged modest membership dues to with the duty of implementing sustain the fraternity at its curthe goals set forth by the memrent level of excellence. bership. The PlacementCommitAmong the items included on tee will soon reactivate the the Professional Development Committee's agenda is the Law Related Education Program. By conducting presentations at local schools, the LRE program aims to educate high school students on various topics of law of interest to them. P.A.D. is dedicated to improving the image of the legal profession and to making the law more understandable and less intimidating to the general public. This impressive list ofactivities is made possible by our large and enthusiastic membership. The September 1984 initiation raised theAlden Chapter's membership to 108, making P.A.D. by far the largest SBAsanctioned organization outside of the SBA itself, which includes all law students. Despite the fact that the P.A.D. contains roughly every eighth law student, our allotment of funds from SBA ranks far lower, than many other student groups who have a small fraction of our membership total.This phenomenon is not easily explained, nor is it rational or fair. However, when one considers recent SBA officersand directors, the answer becomes a bit more clear. In February, P.A.D. will hold its final initiation of the year. Since there are 57 third year students on the current roster, the fraternity realizes the importance of replenishing its membership with a vigorous and successful rush. During the rush period we appeal to prospective members by informing them of the "tangible benefits of being a P.A.D." For those interested in learning more about P.A.D. we recommend that you visit our representatives stationed at our tables located outside the library. Rush will commence the first week of school in January and will continue until initiation day. Desmond Moot Court Competition Winners _ SECOND PLACE TEAM: Candace Vogel Howard Spierer Tflfs Laura Washington Second-Best Brief: Howard Berman Jessica BraOjnsky Third-Best Brief: Jay Goldstein , Roy Mura Fourth-Best Brief: Karen Vance William Daly Fifth-Best Brief: Peter Scribner Paul Korniczky SEMI-FINALIST TEAMS: Angus Crane and William Johnson Jay Goldstein and Roy Mura f ° f" Second-Best Oralist: Angus Crane Third-Best Oralist: Arthur Scinta Fourth-Best Oralist: Richard Davies „ ",'. _._ Fifth-Best Oralist: Howard Spierer ■ ? JgusCrane Daly William QUARTER-FINALIST TEAMS David Cass and Michael Storck Richard Davies Timothy Farley Jay Goldstein Rita Gylys aren Hassett and William Daly . L JfwLvir Donna Knight Howard Berman Ross Lanzafame Karen Vance „ JD and Jessica Braginsky ■ * � The following second Robert Lipman year students have been Mark Metz invited to join the Moot Matthew Metz Montante Court Board: Jessica Braginsky Margar Burke ORAUST AWARDS S r St: Roy Mura - ■ guv »«ZStt^ §h Shari Reich Robert Schwartz Arthur «?rintfl Howard SDierer Leslie Stroth Kathleen Tenney Gay ie jowne Karen Vance Candace Vogel Laura Washington G ary winter Good Luck on Your Exams & Have a Very Happy Holiday From The Opinion resumes Woi/» St- Q\*b&ic4, \t*t- l»=-»=»™"* Forms for the One-to-One Attorney Program are available in the Career Development Office, Rm. 309 O'Brian Hall, for appointments during the Christmas break. DwsaMnbw 3, 19G4 Opinion 5 �Legal Methods Provides Support to Minorities by Greg Jackson The days grew shorter, theAu- gust air had a hint of an autumn chill as summer rapidly came to rest. With suitcases in hand, I bid farewell to my family andfriends and started my journey to Law School. I was anxious aboutwhat awaited me in Buffalo, a foreign land. I was certain that there would be no familiar faces, no friendly smiles and no one to console my woes. A feeling of isolation and loneliness started to come over me. And then there was theLegal Methods Program. For those of you who are unfamiliar with the Legel Methods Program and the students involved in it, the description on page 4 of the law school catalogue will be of limited use. Much more descriptive are the words of one Legal Methods student who stated that "The program provides a strong family support system." In my interviews with Legal Methods students I discovered that this feeling appears to be unanimous. We laugh together, console one another, and share the anxieties and joys of law school. Most importantly, we lend an ear to listen. Research and Writing Teaching Assistant and Presidentofthe Black Law Students Association, Donna Knight, commented, "The Legal Methods Program provides minority students who have something to express with a forum to be heard." She continued, "The program assists minority students in forming a positive image of themselves, as they overcome the first-year hurdles." The Legal Methods Program has been in operation in one form or another for the past 15 years, ft is an outgrowth of the faculty's and the administration's commitment to increasing minority representation in the legal profession. Dean Headrick remarked, "Over the years, minority students have been admitted into law school but a disproportionate number have graduated." He continued, "The program provides a support foundation for first year courses while preparing minority students for legal studies." The selectionof Legal Methods Program students begins with the Special Program Committee (SPC). Faculty, student and ad- ministrative members are dedicated to making the only New York State law school responsive to the disparity in minority representation in the profession when compared to minority representation in the population. Law ProfessorAlan Freeman is the Chair of the nine-member SPC. About the charge of the Committee, he says, "We make a conscious effort to find students who will make good lawyers." The SPC thoroughly scrutinizes each application. As in the case with all "discretionary admits," (all students whose acceptance is not based solely on undergraduate grade point average and the score on the Law School Admissions Test and whose files are read by a subcommittee of the Admissions Committee), the SPC looks for other "success predictors." These include such factors as work or life experiences, advanced degrees, or other special circumstances the applicant has had to overcome to reach the point of application to law school. Onlythose students who, in the Committee's estimation, show probable success, are admitted into U/B and the Legal Methods Program. Assistant Dean Vivian Garcia commented that although she could not say that this goal has always been of utmost concern in accepting minority student applications, she can say that it is now. In her role as administrator of the Legal Methods Program, Dean Garcia's list of major frustrations includes the apparent lack of understanding, or belief, that the program is not exclusively minority and thatthe program is not the only way a minority applicant is admitted: "Those people—black, white, yellow, red or brown—who prefer to deal in extremes to make their case against the program for one reason or another, ignore the details of the Committee's [SPC's] operation and often, the workings and goals of the program itself." This feeling is shared by Legal Methods students who are called upon to defendtheir positions when approached by some non-program students. Legal Methods students are required to drop their criminal law course, which they pick up in the first semester of their second Exam Policies Defined continued from page I day, or on the day immedi- ately preceding the examination, and presents a physician's certificate confirming the illness, or; b) experienced a bona-fide family emergency (such as death or severe illness of a close relative) on the examination day or immediately prior to the examination day, and presents written confirmation of this event from some reliable person. In all such cases the student must see to it that the Registrar is notifiedof thestudent's absence or intended absence and the reasons therefore, prior to thetime scheduled for completion of the examination in question. The Registrar, after consultation with the affected instructors, will arrange a special examination schedule for excused from students examinations for the reasons set out in a) or b) above. Opinion 6 F. Failure to Complete an Examination Prior to Completion \ A student who picks up an examination must expect to finish it during the scheduled examination period. A student who does not complete an examination should be graded on whathe or she submits during the examination period unless an exception is granted on petition to the Associate Dean. Exceptions should be rare, granted only in extreme cases, and only if (1) prior to leeving the law school the student has notified the Registrar or Assistant Dean of Students of the reason for the inability to complete the examination, (2) thereafterthe student establishes the reason forsuch inability to the clear satisfaction of the Associate Dean, and (3) the Associate Dean determines that the circumstances are such that equity requires that the student be permitted to be reexamined. December S. IM4 year. Instead, program students Education grant secured by the take the Legal Methods Course. This year, Professor Jack Hyman was joined by Dean Garcia in teaching the course, which is an in-depth analytical review of the development of Landlord and Tenant lawfrom the days of common lawrule to the present "revolution." After eight years of teaching the course. Professor Hyman believes that "the program is [now] in its most effective form." Among the more recent innovations is a landlord-tenant Housing Court simulation organized by Susan Carpenter, who teaches and supervises the Housing Clinic through Neighborhood Legal Services. Appearing before "Judge" Hyman, students were required to make a five-minute presentation of a portion of the case for either the landlord or the tenant. The Koren Center for Clinical Legal Education was usedfor conducting the videotaping of the two-day simulation. In addition to the course, students are required to attend weekly tutorials for each of the substantive courses in which they are enrolled. The tutorials serve to provide clarification of the subject matter through exercises, assignments and discussion. These are directed by teaching assistants and/or faculty members. Although faculty members are not directly remunerated, teaching assistants are. The program is supported by a combination of funds from the law school and a Department of office of the Assistant Dean. After the first semester. Legal Methods students have the identical course schedules as their counterparts. non-program However, the Special Program Committee makes itselfavailable to program students for advice with regard to any facet of their law school and post-law school careers. I was prompted to write this article, not to persuade but to enlighten others about the workings of the Legal Methods Program. In addition to these "nuts and bolts," however, I would be remiss if I did not allow other Legal Methods students equal say. A first year Legal Methods student remarked, that "The program is valid, worthwhileand as it attempts to fill necessary a void in the legal profession." This student chose U/B over other prospective law schools because of the program and its support system. Another student jokingly comments, "The tutorials are time consuming, but bridge the gap to understanding." Most students favored anything that would assist them in their law school careers and viewed the Legal Methods Program as a definite plus. Conversely, some Legal Methods studentsfeel they could successfully complete law school without the program but acknowledge the-program's ob- . jectives. Garcia laments the factthatthere havebeen only about 170 minority students who have graduated from U/B law school to date. While I understand the injustice of the fact that our numbers are so small, from the first day of BLSA-LANALSA Orientation I knew that what we lose in quantity we more than make up for in the quality of our family. I would like to be able to graduate knowing that the number of minority students who succeed us continues to increase. They will see that our program provides more than substantive material—it allows Legal Methods students and other "non-traditional" students to communicatewith faculty and administrators on a less formal basis. In this regard I am heartened by our recent celebration of Kwanzaa which culminated on December 3. (For a more indepth explanation of Kwanzaa, see The Spectrum, November26, 1984, page 4). The seven principles ofKwanzaa— Umoja (Unity), Kujichagulia (Self-determination), Ujima (Collective work and responsibility), Ujamaa (Cooperative economics), Nia (Purpose), Kuumba (Creativity), and Imani (Faith)—were reaffirmed by all who partook in the celebration, which included students, faculty and administrators. Many of us would like to share Kwanzaa with any people who would like to join in the Of the approximately 600,000 celebration in the future. I approach exams with some attorneys in the United States, about 4% are minorities. Dean fear, of course,- but law school is nO longer a foreign land. Financial Aid Deadlines Nearing FINANCIAL AID UPDATE by Steve Wickmark Financial Aid Advisor THIS IS YOUR FIRST WARNING: THE DEADLINE FOR APPLYING FOR NATIONAL DIRECT STUDENT LOANS FOR 1985-86AND FOR WORK STUDY, INCLUDING SUMMER '85 IS FEBRUARY 28, 1985 Application forms will beavailable after December 1. Notices will be posted throughout the Law School concerning the application procedures. There is little doubt that many current law students will fail to meet the February 28 deadline. If you are one who is habitually late, I suggest thatyoufind a very high paying jobforthis summer. If you have not already discovered this fact for yourself, I can assure you that the deadlinefor submission of the FAF is firm with very few exceptions granted, and then only for the most compelling reasons. „ A few of you have a somewhat more pressing problem; you have not yet peid your Fall '84 bill.Sofar, unlessyou havemade arrangements with the Office of Student Accounts either on your own or through me, this failure has only cost you $40.00 in late fees. However, in the event that your account is not cleared prior to Spring '85 registration you are likely to experience significant difficulty in obtaining enrollment status for next semester. In other words you will be prevented from registering. To avoid problems with registration caused by non-peyment of your account you may do one of several things. First, certainly not my recommended alterna- five, is to not register. Instead you must consider, after spending the holidays at home, an adventure tour of the Caribbean. I understand the Federal Government is planning charters for young adults not otherwise occupied. A somewhat less exciting option would be to pay your bill. I know for many of you this seems a little dull but who says everyone has to be exciting. There is an out for thoseof you who honestly are incapable of INS paying up your accounts because of delays in the receipt of your financial aid. Ifyou have not already done so, see me or leave a note in my mailbox #537 stating your name. Social Security Numberand the reasons for your notpaying. In most instances I can arrange to have theOffice ofStudentAccounts remove theblock on your file. Students needing this assistance must contact me before you register forSpring '85. Good luck on your finals. Official Apologizes To the Editor: Please reprint this open letter to the student body. Dear Mr. Benitez: I want to express my sincere thanks to you for affording me an opportunity to meet with you this past week to personally communicate a further apology for my challenged remarks made to students at the State University ofNewYork at Buffalo (SUNYAB) Law School on September 10, 1984. As I indicated to you during our meeting, I am very sorry that I made statements that were considered offensive during my presentation at the Law School. I honestly did not intend to offend Hispanics, any other minority groups, or any other students at theLaw School. I realize now that my remarks offended a number of students and I deeply regret having made them. Please believe me when I say thatI am not, and never have been, prejudiced against any minority group. I would very much appreciate having an opportunity to meet with any SUNYAB Law School students whomay have beenoffended by my remarks, to express a similar personal apology to each and every one of them. I would also like to meet with any interested SUNYAB Law School students to further discuss the employment and career opportunities available in the Immigration and Naturalization Service (INS) to Law School students and graduates. The INS General Counsel is particularly proud of his equel employment opportunity record in recent recruiting efforts for INS career attorney positions. SUNYAB Law School was a valuable contributor to our 1983 law school graduate recruiting program. You have indicated that some students are interested in meeting with me. I am available to meet with any Interested students whenever and wherever a meeting can be arranged. Please let me know when and where such a meeting can be scheduled. Very truly yours, James W. OraMe Chief Legal Officer �Once is enough! Some things are better the second time around - takirtg bar exam isn't one of them. Take a good look at the Josephson BRC Course and we think you will agree that there is no better assurance that you will have to take the bar exam only once. No other course offers the kind of complete integrated study system which simultaneously builds substantive knowledge and confidence. With the finest law summaries and lecturers and the most comprehensive testing and feedback system in the state, you can't go wrong with BRC. ASK OUR REPS ° " Joseph Callery Jeff Gibb TimothyMcEvoy Dennis Ng \\ iI // &I # '"tlll/SM Wat***" . V V c—* ■■ » ScottKarp.il-Coordinator ,en R dneV ° KenAlwels Lorraine Blackwood Elena Cacavas LeahEdelstein Shaun Jackson Bruce Kaplan Cindy Lenkiewicz «o„«,.o«™, ASK OUR REPS: J„• ScottSciumac. 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Jefferson Blvd., Culver City, CA 90232 (213)558-3100 CES/BRC Eastern Regional Office: 10 East 21st Street. Suite 1206, New York, NY 10010. (212) 505-2060 safsdfsadfsdf 7 �Pudge's Corner: The Saga Continues: Pudge's Summer Internship With Carson County's District Attorney's Office by Pudge Meyer Conclusion It didn't take me long to realize why the whole office was a little down in the dumps. I found out that it happens every August. In August eachyear, Carson County starts to melt. The temperature soars to the mid-nineties, and there's a thunderstormevery day at 4:15. As a result, people get edgy, and one thing leads to another. August is the busiest month for criminal activity. Some people have a thirst for this type of activity. Not so for the A.D.A.'s in Carson County. After theharsh winter, they much prefer to take it slow in the August heat. But they can't. They handle more cases and see more defense lawyers; more defense lawyers who drive up to the court-house in Jaguars and Cadillacs. I hear it mostly during lunch. "I knew he'd get convicted. I wonder how much his lawyer made for that four-day trial." "Enough to take a long weekend at the Cape. What do I get—l get the same salary, which ain't much." "You're doing all right." "All right? I bring my lunch in a bag. I got two kids about to enter school. Everyone else takes theirkids to Florida, while we do stufflike go camping. It's all I can afford. You see my car—it's a '78 Pinto. Working here—it's barely enough to live on." "But your kids —you show them that money isn't the only thing. You've shown them to appreciate nature; you've taught them that the best things in life are free." f "I've shown them that their daddy works long hours all year round, and that he can't afford to buy themAdidas high-top sneak- ers." "I never had a pair of Adidas in my life." I looked dow/n at my man-made shoes. "But I'm not crying about it either. I consider myself pretty lucky." "You say that now, in retrospect. But when you were seven, you always dreamed what it would be like to go to Florida. All my kids see is that their neighbors have two cars, arid their friends get a new bicycle every year. Sure, we have enough food; but it's hard for a child to understand why I can't buy him whathe wants for his birthday." "What does he want?" "A round the world cruise on the QE II." "I admit that's a bit extravagant. I wonder who gave him that idea." "I'll tell you who did. It was one of his friends—whose father just happens to be a defense lawyer. All my kids see is thatthe government pays hard-working people a subsistence wage. Itbreeds discontent." "Why don'tyou go into private practice?" "I couldn't do it. There's not enough civil work in the area, and I don't want to go to the big city. I never could do criminal defense First Years' Win Title One L Sec. II Captures Football Championship In one of the most exciting intramural football games in U/B history. One L Sec. II found themselves down 20 to 0 early in the second half. However, the team was able to regroup, and came back victorious with a 27-26 triumph. This win gave One L Sec. II the U/B Intramural Football Division I Championship and they finished the season with an impressive 6-1 record. The one loss came when halfthe team did not showup, because you guessed it, Robert Remedial was due the next day. The comeback was headed by quarterback Rick Resnick who was 21 of 29 for 280 yards and 4 ceived a warning. The defense, led by defensive end John Formica and comerbacks Brian Bornstein and Tony BeMan, was outstanding, totally closing down the opposing team's offense in the second half. Formica arrived at the field in his royal green "George Washington U" jacket, and you knew he was ready to play. He recorded several sacks and was in the opposing team's quarterback's face all game, while Bornstein and BeMan denied the ball to their receivers. The championship game was well attended. Included in the crowd were such well-known first year students as Rachel Roth, Sue Kent, and Alecia LaCapruccia. Special thanks goes to public relations director Dave Cochran. Dave set up the championship celebration at Rooties Pump Room. work. These pieces ofdirt that get convicted—and in Carson County that's almost everyone who goes to trial—l could never try to get them off the hook. These guys are doing bad stuff out there. They try to sell drugs to our kids in the neighborhood; they commit burglaries and robberies on the people who live in this town. I live in this town too. Yes, yes, I know all about constitutional rights, and the rules of evidence, and that you're entitled to defend yourself. But when I see a guy who has a rap sheet a mile long including six prior charges for burglary, acquitted because he's got a swift lawyer, it drives me up the wall.Let's face it. Nine out of ten times the cops know, the D.A. knows, and the defense lawyer knows that the guy is guilty. I just can't be part of that." "Why don't you try to get into Law Enforcement?" "They won't take me, on ac- count of a bad leg—l hurt it dur- the office refrigerator. I had been ing a winter vacation in Florida trying to do that for years. Say...how'd you like to work for when I was six." "See—by not taking your kids me next year? I'm sure I can get to Florida, you're giving them an rid of someone." "Thanks, but no thanks. Caropportunity you never had.What son County is a nice place to more is there to give? visit..." MCVIX EPILOGUE The summer burned on. My I said my good-byes and bid last day of work would be August twelfth. I went in to see D.A. Carson County good riddance. Since that time, Crenshaw has in Jergens. "I really want to thank you for real life left the office and joined giving me the opportunity to a firm in the next town over. work for you. My summer here A.D.A.'s Clift and Phelps, who inhas proved very instructive, as terviewed me in the first issue, well as enjoyable. I've made a lot have turned down offers in New of new friends here, and I've Jersey and N.Y.C. The new learned a great deal. And most stenographer uses my coathook of all, I want to thank you for in- regularly. Cammille the recepviting me to your barbecue. The tionist advised me that I would food was super." I shook his be wise not to show any ofthese hand. articles to anyone within the of"Keep in touch. You think I fice. I am currently paying herthe haven't noticed things—l've seen sum of $25 dollars a week tokeep how you took a whole shelf in 1 her mouth closed. RES IPSA LOQUITUR The Pieper New York State - Multistate Bar Review offers an integrated approach to the New York Bar Exam. We emphasize sophisticated memory techniques, essay writing skills and a concise, organized presentation of the law. You will be prepared and confident. PIEPER NEW YORK STATE MULTISTATE BAR REVIEW. It Speaks For Itself. PIEPER REPS Joseph D. Coleman Richard Eric Gottlieb Penny Rubin Richard Schaus TD passes. Resnick took some Deborah M.Williams Steve Wickmark ribbing from his own teammates on a couple of scrambles when Joan Kenney he ran out of bounds rather than 90 Willis Avenue Mineola, New York 11501 being "tagged" by the other team. It seems Resnick feels that Pudge on Sports: even in touch football the quarterback has to be careful about an injury. Resnick's two big targets were safeties-6. split between Roland Cercone widereceivers Joel "soft hands" by Pudge Meyer The spoke team memberthat and Kevin Szanyi. All other I Schechter and Wilt Zickil. I spoke with a member of with provided me with a team chores were handled by Kenny Schechter, a former Cornell Uniroster. He had trouble rememMoskowitz, Notaro, Scott versity standout, snared 3 touch- Schlegel's Raiders, a Law School bering all the players' names, Mcßride, Dan Dooher, Greg university-wide footdown receptions along with 11 entry in the other catches, whileZickeladded ball intramural program. The and asked me not to identify him Hoelsher, Jack Murray, and Big tough medical as the spokesmen. I agreed. Sam. I spoke with Big Sam after a TD reception and 5 catches. Zic- team will face a So Tom Notaro told me that one of their shutout victories. squad for the championschool kel commented that he develteam won three of their "You played a great game, oped his receiving abilities by ship this Saturday, which has the games only players. Saturday. now become last with five 8.5." A Imbushels thrown to catching hay agine large groups of "Gosh, I don't know I think him by hisfather on theirBatavia law-med final so much for un- robust that... undergrade with separate we gave up too many first dergrad athletic prowess. farm. In posting a 7-0 record, the teams for offense and defense downs. And only two of their The line was anchored by Kevin team hasallowed only 24 points. couldn't beet a small group of guys had to be carried off the at center and O'Shaughnessy stingy defense hes set over-the-hill, one-time athletes field. I think we leerned a lot from Their guards Bruce Hoover and Keith United States Colwho had to play both ways for this game. We need to be more numerous was almost Fabi. O'Shaughnessy (USCI) rethe entire game. The President aggressive." legiate Intramural ejected from the game for a re- cords, including number of ought to set up a commission to I also spoke with a player who quarat not fit to directed print, mark, explore this phenomenon. asked me not to name him. I aggame-13; terback sacks a OB in a referee. He was able to plea bar- sacks in a season-111; and reed because he already had a chores were Quarterbacking theofficial and reonly with gain Opinion December I.IW — — Football Squad Reflects on Season — 8 - - — (516) 747-4311 name. Here's whathehad to say: "Haha-ha, Scotty Segal, Hahaha." "What does that mean?" "That was a third-year teem who thought they were going all the way." "What happened?" "They lost in the first round to a bunch o' freshmen." "Why is that something to be ashamed of?" "For starters, their front line averages 260 lbs. They talked big all season, what's gonna happen when we meet in the playoffs. And thenthey go and lose in the first round. Haha-ha." If anyonesees Tom Notaro, aak him if I forgot anything. - V^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-12-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/901c01bad184a9aac312d4f8a3cce8f0.pdf 864bf34ea1139fa0a824e17e370da5bd PDF Text Text THE ONION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF FLAW V01.69 No. 69 November 7, 1984 WINS SCHLEGELFACE PRESIDENCY Associate Dean Raygun Defeats Lindgreen Named Vice President and Mondull in a Landslide by Bee Plaintiff In the most humongous political upset in the history of theuniverse Associate Dean John Henry Schlegelface has been elected President of the United States. In convincing fashion, the infamous and pugnacious Schlegelface ran up a landslide in defeating both Republican Ronald Raygun and Democrat Walter Mondull. The final tally gives the Associate Dean 491 votes in the electoral college and over 90%of the popular vote. California was the only state not going for Schlegelface, giving all of its 47 electoral votes to adopted native son Andy H. Viets. Schlegelface did not commence his candidacy until late Sunday evening when he went on national, television to announce the start of his campaign. Using the slogan, "What's your bitch?," Schlegelface conducted a one day whistlestop tour on Monday of the entire nation, making speeches in every state of the union and imploring large, boisterous crowds to "make the argument" by voting for him. "The hardest part of the trip," said Schlegelface at a post-election news conference, "was the train ride to Hawaii, which got a bit soggy, but I felt it imperative that every citizen of every state should have the opportunity to hear my message extolling the inherent beauty of the Buffahole Model." In announcing his candidacy, Schlegelface made it clear that he has no economic policy, no thoughts on military spending, no clue concerning how to fund social programs, and no foreign policy. "My only intent," commented the then-candidate, "is to inflict the Buffahole Model on the rest of the country. Once, this is accomplished, all other problems will soon be forgotten." He did claim to have a plan, however, to deal with the -ever-increasing budget deficits: "Parking meters will be installed for every parking place in the country. At a quarter an hour, we'll be able to balance the budget in a matter of days." In a not particularly exclusive interview late last night, Schlegelface talked with The Onion about the campaign and about his victory: "I was urged last spring to take President Raygun on in the Republican primaries. My being a card-carrying communist, however, made this impossible. I then decided to wait until thisfall to make a decision, in order to see if Gus Hall had any chance. When I saw that the polls indicated either a Raygun or Mondull victory, I felt that I had no choice but to take up the gauntlet and throw my ring into the hat. Also, since it appeared that I wouldn't be get- by Robert Remedial President-Elect John Henry Schle- gelface sporting a presidential- .•;;•:;:•: type haircut. ting Dead Headcase's position, I figured that it would be a good idea to start looking for a new job now before the new Dean During his whistlestop train tour of the United States on Monday, now President-elect but then candidate John , Henry Schlegelface announcedfthat his running mate would be Planet Janet Lindgreen. Lindgreen is rumoured to be a professor of law here at the State University ofNewYork at Buffahole, but this would not be confirmed by anyone in the school's administra- • Vice-President-Elect Janet Planet tion. Lindgreen making a vice-presjdsntial-type gesture. ■"; *•,'•:*>?-'■: ■ his bitch? Who the hell's crazy enough to hide in Buffahole? Make the argument!" Attempts to contact Andy H. Viets proved comes in and realizes the scam to be fruitless, although The I've been pulling on this place all Onion did manage to track down these years. Say, this is off"the" his phantom roommate,"Scooter Stechman, who issued a staterecord, isn't it?" Schlegelface's opponents had ment saying that Viets was outside waxing down his surfboard their own reactions to the electionresults. Ronald Raygun went and had left specific instructions to bedaround 8:30 last night and that no onewas to intereferewith no one has woken him up yet to his space or karma. was Finally, Schlegelface tell him what happened. Walter Mondull accused Schlegelface of asked what his first act as Presihiding in Buffahole during the dent would be. "The first thing campaign instead of debating I'm going to do," the Presidentelect responded, "will be to dethe issues, to which the President-elect responded: "What's mand a recount." The Opinion, Star Columnist Meyer Object to $100 million Libel Suit over 'Chronicles' two local town justices; 1 million to Chief A.D.A. Liebowitz; .8 milOn October 25, Pudge Meyer lion to theretired stenographer; was served with a summons. 2.2 million to Cammille; and a Thinking it was a prank, he didn't cool 4.2 million to Jergens himby Butch Martyr even read it. It was no prank. Pudge Meyer and The Opinion are being sued in the Supreme Court, Carson County for 100 million dollars. We spoke to the County spokesperson, Pedro Alvarez. He informed us that the county was seeking 73.2 million dollars in damages resulting from Pudge's publication of four episodes of his "Carson County Chronicles", which detail his experiences in the Office ofthe District Attorney. When we reminded him that no county has ever attempted to recover for defamation of character, Alvarez said, "What are you talking about?" and walked away. Mr. Jergens, the D.A. for the last eight years, spoke with us at length. He outlined the breakdown Of the remaining 26.8 million dollars in damages as follows: 11.6 million to A.D.A. Crenshaw; 3 million to M.C, Crenshaw's wife; 2 million apiece to parties (Vol. 25, no. 4). Because of these articles Jergens has all but lost the upcoming election for County Court Judge, when, just two months earlier, he was endorsed by both parties and self. He clarifiedthatthe73.2 milrunning unopposed. lion dollarsis merely thecumulaaccusing tive punitive damages that the "And Crenshaw named plaintiffs have decided to him of cheating on his wife (no. donate to the county should they 4); of being unethical (no. 5); prevail. hinting at overall irresponsibility Counsel for the plaintiffs, Jerry as an attorney (Nos. 2-5); and Balog, said that, as a county resilabeling him as a sore loser (no. dent, he was outraged and was 5). Since publication, Crenshaw's thinking of bringing his own de- wife has left him; and his second rivative action aswell. "His series interview with a very prestigious of articles has ridiculed the entire Cleveland Law Firm has been county in addition to the named cancelled. "His entire series of articles is plaintiffs. Pudge Meyer has openly mocked a sacred institu- full ofliesand exaggerations. And tion.The damage that has been The Opinion has endorsed his done to the D.A.'s office and stories by providing editorial ineveryone who works there is troductory notes and by continually soliciting his contributions. beyond all counting. A newspaper must have guide"Look how he has portrayed lines; liability cannot be waived the D.A., Mr. Jergens as by simply asserting that it is not someone who has no control responsible for its articles. The over those that work under him. Opinion's policy of printing anyHere are some examples: an thing it receives is abhorrent." A.D.A. who leaves court early to We spoke to Pudge Meyer in a play tennis (Vol. 25, no. 2); a staff that takes afternoons off to have telephone interview. He had this — — to say: "You know, just because someone gives you a summer job, they think they own you. They say my story is full of lies and that I knew it was all lies. Well let me say this: Every single wordthathas been written about the Carson County D.A.'s office is 100% truth, and I'll stand by that. Furthermore, I'm suing them in return for accusing me of being a liar." Pudge Meyer has not been seen since that interview last week. The editorial board of The Opinion has resigned and has begun work as a unit on a book and a movie. They could not be reached for comment. Lindgreen held a news confer- ence after the election at which she was flanked by her top aides, Bernard Gawrys and Leonard Noreen. "I'm just so happy about this," said Lindgreen, twirling her right index finger in circles. "The most I had expected was to be named Secretary of Labor, considering my extensive experience in that field." On the way out, Lindgreen was seeing giving "Bernard Gawrys High-s's" to everyone in sight. Schegelface commented at his news conference that, considering the most political observers believe the vice-presidency to be worth no more than a bucket of warm spit, Lindgreen should be perfect for the job. When asked why he wanted Lindgreen to be just a heartbeat away from the presidency, though, Schlegel- face responded: "Well, Janet's a screamer, and if I have to have someone beneath me for the next four years, I would rather it be a screamer than a moaner." Schlegelface has announced no other appointments to his administration and he commented that it is unlikely that he will bother to do so. He did say, however, that once there is a vacancy on the Supreme Court, Allie Katz will get it. "If there'sanyone who knows pornography when he sees it," noted Schlegelface, "it's Katz. In fact, he's at the Niagara Falls Cinema taking notes right now." For the time being, however, Katz will serve in a newly created post, thatbeing "Lord of Lechery," which Schlegelface said would make Katz his lefthand man. Inside The Onion: Pictures, Pictures and More Pictures!!! 1 �V01.69 No. 69 November 7. 1984 Indian Chief: Bob Oozes Sick Larry Mangy Editor: Randy "Hang 'em" Whatabelly Noose Editor: Feature* Editor: "Flash'em" Andy Business Manager: John "Kilo" Lapitup Staff: Bea Plaintiff, Robert Remedial, Paul Killman, Pudge "4" Mayor, Robert Leers, Cliff Fall, Jeff StonedAfeter Scribbles. Laying Out: Tim & Pam Copyright 1984.The Onion, SBA. Any republication of materials herein is gratiously appreciated by these "so-called" Editors. The Onion is published when the humours in the body are in sync, or whenever we think a laugh is appropriate. It is the student trash of the State Penitentiary of New York at Buffalo Institute for the Unethical Lawyers. The views expressed in this waste product symbolize what the Editors feel is often felt but not stated enough times. The Onion is a non-profit organization, not by choice, but because we cannot handle our money. Any contributions therefore are greatly appreciated. Please make Checks or Money Orders outto CASH. Greenbacks are always accepted. Composition & Design: Words & Graphetti, Inc. Letter ... To the Editor: We the undersigned new members of the Law School community wish to see our names in print. We have nothing in particular to say; suffice it to note that we are shocked and dismayed. Sincerely, Ist year students Spencer G. Feldman Samuel Spiritos Laurence M. Spaccasi Hugh M. Russ 111 Editor's Reply: It is only because we needed filler materialfor thisissue would we print this. I mean, come on guys, be realistic. No resolutions; no political or social commentary; no left-handedremarks about President Raygun or the Buffahole Model how can our readers expect to take us seriously. Are you people a bunch of — conservative, war-mongering, chauvinistic, anti-abortion, rightwing federalists? By the way, only handwritten submissions are allowed to be printed. That way, if we can't read what you've written, we can exercise our editorial discretion and writewhatever we want to So There! The Onion Editorial Board — Daniel M. DeLaus Editorials SBA Condemns V.P. Whereas The Onion has traditionally failed to show an active interest in the political, social or legal ramifications of the federal election process, we will hereby break with the values of our predecessors and endorse John Henry Schlegelface for President (especially now that the election is over). The editorial board.of The Onion, the band of young space explorers who discoveredthe secret of VOLTRON, Defender of the Universe, wish Schlegelface all the best in his new career and sympathize with those Buffahole Model fans that have been deprived of their cherished and beloved leader. 0 mighty master of the menial minds, the Voltran force salutes you Form blazing sword! Addressing the issue of the Vice-President, The Onion once again breaks from custom and wholeheartedly supports the Stupid Barn Association resolution condemning the invasion of the planet Earth by the alien Lindgreen of Janet's Planet. The editorial board cannot endorse an individual who, together with her nefarious counterpart, Allie Katz, has attempted to corrupt the youth of our nation by controlling their minds through a technique known as Boredom, and instilling pornographic suggestions about the United States Serene Court into them. Voltron will return to Earth from the planet Arus soon and set things aright within our solar system. Until that time, however, resist the Robeasts! — — The symbol of U/B: A revolving door. Former Business Manager gesturing to former colleagues on his way out. Oral Skills Honed The Smut Court Competition comes to a climax this week with oralarguments. The topic of the competition deals with censoring smut on public access channels. Some of these students will argue before lawyers and judges of our community that the cable company can broadcast whatever smut they want on their stations. They will argue that the FCC cannot prevent transmitting material that depicts ultimate and perverted sexual acts and human excretory activities. Can you believe that? These are our future lawyers. God help us if they pass the Bar exam and go out into our community to practice. To add to this, their partners will argue that the cable operators should have complete freedom to provide whatever programs they desire. They will claim the cable operators should not have to set aside channels for government, educational or religious institutions, nor give the general public access on a first-come, first-served basis. The nerve of these traitors, these conservative oligarchists. They accept the franchise and easement rights granted by the local government, but want to refuse the same government access to the channels. They also prefer the masses remain ignorant and without educational programming or religious or moral instruction. They are for the rich who can afford to pay their price rather than open their doors to the general public at a reasonable set price. If there are any democratic inclinations left in this school, we should act now to censorthese students. Urge your SBA to pass a resolution. Lose their exams. Withhold their grades. Garner support from the Moral Majority. Act now. Don't let these characters ruin the future of our children. Ship them back to Times Square before it is too late. rt_i__ 2 fjl Hi,.1,, ■|, -, m loci Just some of the participants at this semester's The Onion recruitment party. Dean Search Committee Members making some decisions. The verdict: It appears unlikely that Dean Headcase will be found, and therefore the search will soon be calledoff. �Martyr's Cross A Survey by Butch Martyr of the UB Legal Educational Experience Now thatI've been in law school for two-and-a-half years, there are some things that I need to find out. I've been holding out on asking them because I was embarrassed; but it's timeI find out. I've learned some procedural things; I know what the statute of limitations is, and courts of original jurisdiction. And I know that the Serene Court is the 'highest court in the land. But I don'tknow about all these other ones but I'm not afraid to guess. First, there's the Deitrich Courts. Apparently named after the famous movie star, I guess the court handles Hollywood contract disputes like that first-year casewe had aboutShirley MacLaine. Then there's the Pellet Courts. I guess.they hear cases like that one about the guy who got shot in the eye in a hunting accident, and they couldn't figure out which of two hunters fired the shot. My favorites, though, are the Circus Courts of Appeals they get the tough cases where there's so many plaintiffs and defendants that it gets to be a threering circus. They also decidedthe landmark corporations case of Ringling Bros.-Barnum & Bailey Shows v. Ringling (1947 shareholder voting arrangements; one of Mick "the Quick" Shaeffer's favorite cases.) There is one case that seems to be relied on no .matter what the issues are, but I don't know where to find it. Maybe someone can help me it's called The Seminole Case. I originally thought ithad to do withthe Government seizing land from- In- — dians without just compensation.But every professor I've had has made reference to it at one time or another. I can't imagine what it has to dowith strict prod- ucts liability. Some things you just don't learn until you graduate. I've had literally no instruction on how to petition for a cert. I guess you just wait for the decision and, as everyone is walking out of the court room, you go over to him and say, "Hi judge, you got a — cert?" Unless you're in theCircus Courts; then you have to catch him on the high wire. I also always hear something or other about the Grandfather Cause. I don't know what it is exactly, but I'm sure it's a worthy one. I finally found out the riddle in the "Statue of Frauds." It's from when those biblical guys were running away from the land of Sodom, and someone looked back and turned into a pillar of salt. It's a big tourist attraction in the Middle East out there. It was great that we hosted the A.B.A. roundtable talks last week. I couldn't be there, but I really would have liked to talk to such past A.B.A. greats as Louis Dampier and Zelmo Beatty. Don't forget Dr. J got his start in the A.B.A. where do I sign? Maybe next year we can host the W.F.L. They had some good running backs. I'm happy to see the school has taken an interest in —— sports. I think in the Spring we should have the Law School Olympics, with such events as the standing fraud jump; the four-by-forum non conveniens relay; and synchronized motion practice. How about the hop, skip, jump, nail and mail? The other day I found myself singing "Tis the seizin to be Jolly," and Starry Stare Decisis. Now I know I've been here too long. I need help —Is there a Doctrine in the house? — — — — This year's Student BarfAssociation Presidential campaign was a rough and tumble affair between Richard "Tricky Dick" Gottlieber and Robbie Saint. Above and at left are exclusiveThe Onion photos of the candidates gesturing at each other during the campaign. fvf r-'1 r<J f'°s fvj (M #- 27 ?/iw s~ . ///\\ '••- S*~ y'KMovfT^^ &fv|fi§ &• p- -3 Novambar 7, ISM Onion 3 �Buffalo Model Productions Presents: A Double Feature!!! $£V~W\ Tim M /mmM]]' f,.. * KatZflWmW AUtB Schlegelface! A Starring: Well, Schlegelface, of course. Afl/ . WW^r^<\\ I'/ W^W¥l '"' Follow the tantalizing career of UIB Law's Associate Dean from a fancy law school to a not sofancy law school to the White House. Amy Iving in the title role. Co'Starrino' a _„ _ . . „ Phil Donahue as Provost Grinder *Based on Joseph Conrad's , „ . m T # oiurnny. * , The Heart of Darkness and Leo from "Hill Street Blues" as Allan Carrot. * Ythehair, >T. The Uawbi» HAIR! / / / *;W^. RatedG • i '■'■-•■■ i Coming Soon to a Law School Near You!!! Pursuing a Trivial Al Stewart by Alan Stewart (b) its proximity to the best ever-increasing growth in popularity of theTrivial McDonald's in East Flatbush (c) its bald-headed dean, Mr. With the (9) Where did Al lose his wallet with $125 in it two days after finding it? (a) Rich Rosenberg's water- - Pursuit board game,- ft -should " Rappaport bed ■> come as no surprise that the (b) Wendy's salad bar (d) all of the above. game's originators have been (c) a police car searching for different editions. (4) Which factors preceded Al's (d) the law school mimeo move offcampus in college? Among the existing editions are room. (a) all of his roommates the "Genus" and "Baby Boomers" moved out editions, to name two. Well, in (10) Who was .Michael Homni(b) he got sick of dorm life keeping with this newspaper's witz? (hint: he knew Claude (c) food on campus stank tradition of getting the latest Jurkow) (d) half of his dorm burned news to you, what follows are a (a) part of the gang called down. few of the many questions in"the Jolly Stompers" in cluded in the newest Trivial Pur- (5) Who was Ralph Tramantano? East Flatbush (a) the brightest student in suit Edition the "Al Stewart (b) put gum on Al's seat in P.S. 244-and Meyer Levin Edition." Al Stewart is a trivial UB sixth grade J.H.S. law student who agreed to con(c) fatter than Ralph Tram(b) always beat Al at flipping vert his life to board game status, antano baseball cards in the hopes of improving his res(d) played cards with Al in (c) fattest guy Al knew in ume. (In light of the extremely 9th-grade homeroom. Brooklyn trivial nature of Al Stewart's life, (11) Who does Geraldine Ferraro (d) biggest sore loser in East the makers of Trivial Pursuit agremind Al of? Flatbush. and reed to break with tradition (a) his aunt Sylvia include multiple choice answers.) (6) How many different people (b) his third grade teacher, (1) Who was George Mays? did Al live with in college? Mrs. Kathmyer (a) best 3rd baseman in P.S. (a) 19 (c) his neighbor, Miriam 244 (b) 13 Berkowitz (b) forced Al to give him his (0 12 (d) Hubert Humphrey in a lunch moneyin fifth grade (d) 24. dress. (c) sat next to Al in class in (12) Who was Craig Grossman? not held only job (7) Which is the High School English Class. (a) lost lots of money playbyAI? (d) first person everto contact ing poker in the cafeteria (a) Felt slipper assembly-line rabies in P.S. 244. (b) never uttered a curse worker (2) What did Al do during most (b) vendor at Shea Stadium word in Junior High of bis spare time in High School (c) cook at Kentucky Fried (c) son of the Gym teacher, School? Chicken (a) get beaten up Mr. Grossman (d) waiter and bellhop in the (b) eat (d) won money by asking Poconos (c) go bowling male teachers out on (c) toll collector. (d) borrow money from peodates. (8) Who is Chuck Lam? ple. 1-4correct normalhumanbeing (a) first drug addict Al knew (3) What was Al's junior high 5-9 correct more than luck, seek in Brooklyn assistance (b) waiter Al met in Chinatown school most famous for? (a) its proximity to the scene 10-12 correct —nice life you've (c) Al's brother-in-law probably gotl where the "Lords of Flat(d) coolest Chinese person Queens. bush" was filmed knows Al in — . 4 Onion NoNUHMt i» MP) —— Mid-Semester Blues by Victor J. D'Angelo I got the Mid-Semester Blues, Not interested in H's, just want my Q's. I haven't read a case in three weeks. Law School pressures are heavy and great, But all I wanna do is sleep late, and watch game shows. My toughest decision, is deciding what I'm gonna watch on television tonight it's "Miami Vice." — My diet's not the same, but I'm not getting any thinner, Tonight I'm eating Stove-Top Stuffing for dinner. I gotta change my mood soon and real fast. It's getting harder and harder to make it to class. Gotta lose, those Mid-Semester Blues. Since you deserve the very best, let Words & Graphetti design your resume. Our staff is so perfessional we can make even the class nerd look like a future D.A. Whether you're getting through UB Law School on your brains, someone else's brains, or your prowess at hacky sack, we guarantee that when we are through with you, you will be able to land a prestigious jobin the Tax Law Department at Bethlehem Steel's Lackawanna plant. Let Words & Graphetti add a degree of B.S. to your J.D. resume today! Call 555-1212 for resumes while you wait... and wait... and wait. Hmve W, Got A Proportion For You! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-11-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 25 No. 69 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/7/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8c1f9dd7977c738cb4afaf3aa67c52e8.pdf bcdc78271cd0b627921f9d5e9e982d87 PDF Text Text Vol. 25 No. 5 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Koren Center Dedicated; Facility Enhances Library by Randy Donatelli The M. Robert Koren Center For Clinical Legal Education was officially dedicated on Friday, October 5, 1984. Located on the library's fifth floor, the five room facility provides students with the opportunity to utilize videotape apparatus to improve oral advocacy skills. The largest of the five rooms can be used as a courtroom and has space for spectators. Dean Headrick hostedthe ceremony which was attended by fifty guests, including law school professors and local attorneys. The Dean praised Mr. Koren for his lengthy and distinguished record of service to the school photoby Victor ft Siclari and for "quiet, effective and re- man in 1981 by appointment from former Gov. Hugh Carey. Law School Alumni Association. sponsible accomplishments." M. Robert Koren, a prominent Mr. Koren has received DistinActing Library Director Ellen local attorney, is a memberof the guished Alumnus awards from Gibson described the Center as U.B. Council and became chair- both the University and the U.B. continued on page 6 October 23, 1984 Greiner Capitulates on Dean Search Demand The Opinion has learned that Provost William R. Greiner has capitulated to demands that he include more than one law student on the Dean Search Committee. As reported in the last edition of The Opinion, Greiner had intended to place only one student on the committee. (Refer to SBA article in this issue, page 4.) In an interview with Student Bar Association President Richard Gottlieb, The Opinion was informed of the following: 1) Two full-voting students will be appointed to the Dean Search Committee by Greiner. 2) Greiner will select those students from a list of four students chosen by the SBA Board of Directors. The SBA has presented the list to Greiner in ranked order. The students are, in order of SBA preference: 1) First year student Greg Jackson, 2) Third year student Steve Wickmark, 3) Second year student Nancy Barshter, and 4) Second year student Joe Rifkin. The selection of these four students was based on interviews conducted by the Board of Directors of the SBA. Moot Court Competition Is Proceeding Smoothly by Peter Scribner Approximately fifty teams of two students each are participating in this year's Charles S. Desmond Moot Court Competition. Each team has until next Wednesday (October 15) to complete the legal brief on this year's problem. The brief writing exercise is the first half of the Moot Court Competition. Oral arguments commence November 5. The 1984 problem involves a cable television company in the symbolically named State of Orwell. The State government (led, needless to say, by Governor Brothers) is requiring the cable company to provide four public access channels. In a related case, the FCC is requiring all cable companies to provide public access channels to police them for pornography. The cable company is challanging both the state law and the FCC regulation. Competition teams may choose to write briefs either taking the cable company's position or defending the state and the FCC. The Moot Court Board's efforts to assure that plenty of research material is available in the library seems to be paying off. "We've had very few problems so far," said Mary Aramini, Board Director, after the brief writing period was half over. Like other Moot Court contests that are set in a fictitious state, most of the research material involves federal cases and statutes. At the completion of the brief writing phase, all the briefs will be available for examination in the Moot Court offices. This allows participants to examine opposing briefs before the oral arguments begin. At that time, the Treasurer of the Moot Court Board, Steven Berkowitz, will hold a workshop to go over the details of the oral argument sessions. The preliminary oral argument rounds will take place over a three night period beginning Monday, November 5. Fifteen rooms in O'BrianHall and nearby buildings have been reserved for the arguments. Panels of three to five local attorneys and judges will act as the United States Supreme Court in hearing the arguments. Over 400 volunteer attorneys are needed to staff these panels. Most have participated in the Desmond Competition beforeand many are U/Balumni. Each team will argue a total of three times (once each night), and will argue a position opposite to that which they took in their brief at least once. Participants will be rated by the panel individually, and will be scored depending on the effectiveness of theiradvocacy, not on whether the panelist agrees with the legal position advocated. The two opposing teams will split an hour of "court time" to make their presentation. Student Moot Court Board members will act as court clerks and keep time. Afterwards, the panelist will score the participants, and may offer comments on the process. There will be two rounds of arguments on each night of the preliminaries, one beginning at 7:00 pm and the second beginning at 9:00. Visitors are welcome. After thefinal round of preliminary arguments on Wednesday night, November 7, all participants repair to the Scotch and Sirloin for serious relaxation while the Moot Court tabulates the last scores. At that time the eight teams who will go to the quarter finals will be designated. Winning scores are based 40% on the team's brief and 60% on the results of the oral arguments. The team pairing for the elimination rounds is traditionally done by a seeding system, similar to a tennis match. On Thursday night, the four quarter-final rounds take place in O'Brian Hall. The winners (based exclusively on the oral argument score) go on to the semi-finals the next night and the finals on Saturday afternoon. Presiding over the panel of judges in the final round will be Charles S. Desmond, namesake of the competition and former Chief Judge of the New York State Courtof Appeals. His fellow panelists include Judge Machew Jason, currently serving on the Court of Appeals; Michael Dillon, there will be a cocktail party in Chief Judge of the Fourth Depart- the faculty lounge following the ment Appellate Division of Su- final round and all in attendance preme Court; Delores Denman, are invited. another Fourth ■ Department On Saturday evening, NoJudge; and Thomas Headrick, vember 10, there will be an Dean of the Law School. The final awards banquet held at the Syraround is scheduled for 2:00 in the cuse Restaurant, sponsored by the U/B Law School Alumni AsMoot Courtroom. sociation. There is no admission All the elimination rounds are charge for participants and open to the public. First year stuclerks. At that time, the semi-final dents who may be interested in and final round awards will be participating in the Desmond presented, as well as special next year are especially urged to awardsfor the top five briefs and attend. As a further inducement. oral arguments. Legislative Aide Speaks on Lobbying Tactics by Victor R. Siclari On October 3, 1984, Richard Tobe, legislative aide to New York Assemblyman William B. Hoyt (D-L, 144th District-Erie County), was guest speaker at an informal box luncheon sponsored by The Jaeckle Center for State and Local Government Law. It was the first of many hour-lortg luncheons to be held in the Law Faculty Lounge, Rm. 545. Richard Tobe, a U/B Law alumnus, spoke about lobbying in the state legislative arena as law school Dean Thomas E. Headrick, several law professors and about ten students listened on and directly participated in the presentation by questioning Tobeabout their areas of interest. Working in Albany since 1974, Tobe has been involved in 59 bills which have become law. He described the legislative process as one in which 150 assemblymen and 61 senators meet in two-year sessions. During the period, approximately 12,000 bills are introduced and about 2,000-3,000 votes are cast each tantly, the lobbyists function as year. adversaries to one another Lobbyists are integrally related thereby placing the legislature in to this process, according to much the same position as a jury Tobe. They provide the expertise or judge, deciding which lobby and pressure in drafting the group has the argument with the "ideal bill." However, Tobe uses most merit. the term with some sense of reBecause of the importance luctance because no bill is ideal lobby groups play in the legislaper se. Instead, the success of a tive process, every division of the bill depends upon the ability of state government (city, county, the legislatures to accommodate town, village and school district) the conflicting interests of has a lobby group. Most prominent is the lobby group which lobbyists. Tobe points out that the legis- represents New York City. It is lature must first identify the staffed with five full-time profesgroup they must pacify. Often, sional people who have direct actrying to sneak by a bill which cess to many legislators. The asaffects certain groups backfires sociation of counties is another and causes a standstill. Instead, strong lobby group. Tobe points he recommends the better goal out that these lobbyists often of involving the lobby groups in earn their cost of office simply the process from the start. by the savings in the bills they Exchange of information beblock. tween the legislature and lobbyOnce Tobe was finished with ists is mutually beneficial, says his preliminary presentation, he Tobe. It allows a fast access of opened up the floor to questions information to the legislature from the audience. Following are and lets the lobbyists know more the questions asked and Tobe's about the bill so they have a bet- responses in paraphrased form. ter picture of it. Most imporcontinued on page 6 �Vol. 25. NO. 5 October 23,1984 Edltor-ln-Chief Bob Cozzie Managing Editor Victor R. Slclari Randy Donatelli News Editor: Features Editor: Andy H. viets Business Manager: John K. Lapiana Photographer: Molly Mahany Staff: Robert Mark Bursky, victor J. D'Angelo, Robert C. Lehrman, Cliff Falk, Paul Kullman, Pudge Meyer, Peter Scriber, Jeff H. stern. w. Layout: Tim Bun/id, Pam Laidig. © Copyright 1984. The Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the state university of New York at Buffalo school of Law, SUNYAB Amherst campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of theEditorial Board or Staff of The opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The opinion is determined collectively by the Editorial Board. The opinion is funded by SBA from student Law Fees. Composition & Design: Words & Graphics, Inc. Editorial: Business as Usual Political Commentary: Electoral College Is Defended the most by Randy Donatelli and Robert Marc Bursky Much ado has been made in recent years about a supposed antiquation of an institution as old as the Constitution itself the electoral college. Calls for reform have been urged by idealogues favoring direct democracy as a matter of principle, professing it to be a more equitable manner of electing Presidents, and groups typically associated with urban life standing to profit most from a change in — the current system. Arguments against retention of the electoral college almost always have as their foundation the moral principle of fairness. It is unfortunate that such positions are not cognizant of the traditional role played by the col- lege in ensuring fairness in Presidential elections, by preserving Once again, cries for adequate student representation in the essential nature of our fedthe administrative decision making process ring out within eral system, and giving voice to these hallowed halls of the Law School. The Student Bar As- a variety of interests otherwise sociation (SBA) has now raised its banner in the wake of Dean in danger of de facto disen- Thomas E. Headrick's announced resignation. Our student franchisement. In each election year since leaders have, apparently successfully, petitioned University 1960 there have been 538 elecProvost William R. Greiner to place two student representatoral votes. This total is comtives, rather than just one, on the Dean Search Committee. puted by adding the number of Those students will have status equal to that of the faculty U.S. Senators and Representaand staff members of the Committee.The SBA Board ofDirec- tives, plus three. There are two tors has argued that students will provide valuable input into Senators for each of the fifty the dean selection process. They cite a need for student in- states; House membership is set terests to be recognized and to play a role when the decision at 435 by federal statute; and the is made as to who will guide the Law School in the years to District of Columbia, pursuant to the Twenty-third Amendment, is come. While we admire the SBA Board of Directors for its quick entitled to a number of electoral and seemingly successful action in this matter, we question votes not exceeding the number assigned to the State with fewest both the procedure utilized for selecting student representaelectoral votes. tives to the Dean Search Committee and how relevant their The number of electoral votes input will be. in each state is the aggregate of The four potential student members of theCommittee were its U.S. Senators and Representchosen based on interviews conducted from October 15 atives, with the decennial census through October 17 by various members of the SBA Board of determining each state's allotDirectors. These interviews were held during the same time ment of U.S. Representatives. period that interviews for other positions on SBA committees This system gives the less popuwere conducted. While there were several signs posted lous states significantly more electoral votes per capita than around the Law School seeking applicants for the SBA committees in general, none specifically stated that the Dean Search Committee interviews would also be held at those times. The only places where it was advertised that the interviews would be conducted the week of October 15 was in the "Preparing young people for final paragraph of an article published in the October 9, 1984 global ressponsiblilty" is the edition of The Opinion, and notices on the SBA office door Eighth Annual and SBA bulletin board. It seems that this procedure could theme of the Statewide Law-relatedEducation have been better publicized. In addition, though we recognize Conference, to be conducted Octhe need for speed and organized student action in this matter, tober 24-26 at the Concord Hotel we question the SBA's monopolization of the selection pro- in Kiamesha Lake. cess. It is understood thatthe twenty-two students comprising The conference, a joint project the SBA Board of Directors are responsible for representing of the New YorkState Bar Associall eight hundred law students with respect to relations with ation (NYSBA) and the New York the University and Law School Administrations. One can won- State Education Department, will der, however, whether the somewhat clandestine and bring together educators, law enmonopolized choices made were more a result of getting the forcement officials, lawyers and legislators fromaround the state. "right" people on the committee rather than from any interest "Law-related education progin assuring student representation in general. It would seem rams illustrate how court decithe least the have done was to its publicize that SBA could sions have enlarged basic freecriteria for selecting its student choices for the committee and doms, how police duties collide then to state why it chose the students it did select. with personal rights, and how the This leads into our second problem with the Dean Search battle to achieve 'law and order' Committee which is a concern directedtowards the University clashes with individual freeand Law School Administrations. Facing reality, having two doms," noted Edward B. Flink of students on the committee which will consist of a total of Albany, chair of the bar's Comeleven individuals, regardless of those students' views, is not mittee on Citizenship Education. going to amount to much. We suspect that it will be business "This type of meeting deas usual as far as the Greiner-Schlegel duo is concerned with monstrates the public-private respect to the selection of the new Dean. Someone will be sector partnership which the fedfound who is willing to fall into line and defend the "Buffalo eral government has indicated is Model" to the death. As has become endemic to the Law essential to improving the qualSchool, any decision by the Administration is made with stu- ity of education," he said. dent interest being the least of all considerations. Greiner's Keynote presentations will be quick agreement to SBA demands for representation consist- made by U.S. Senator Daniel P. Moynihan and Dr. Roy S. Lee, ing of two students on the Dean Search Committee is just senior legal officer of the United to another example of gestures of appeasement made keep Nations. Moynihan will discuss Model" "Buffalo the student body quiet and happy, just as the the importance of teaching interForum conducted a year and half ago was. The selection of national law while Dr. Lee will the new Dean, we suspect, will be no different, and the per- outline the international scope of the rule of law. petuation of a failed experiment will continue. populous states. Each state and the District of Columbia is assured at least three electoral votes. Only then are the remaining 385.votes distributed to the several states according to popu- lation. Currently, the six states with the most electoral votes are: California, 47; New York, 36; Texas, 29; Pennsylvania, 25; Illinois, 24; and Ohio, 23. Alaska, Delaware, North Dakota, South Dakota, Vermont and Wyoming, have the minimum number of three. These six states comprise 18 electoral votes and 4,000,000 people. Ohio, alone, has a population of 11,000,000, but only 23 electoral votes. This disparity serves to protect diverse interests of smaller states. Critics of the electoral college inevitably proclaim its unworthiness by citing the possibility that a candidate can lose an election while receiving more popular votes than the winner. This oddity is not an inherent defect in the system. Rather, our federal form of government is designed to check potential tyranny associ-. ated with bare majority rule at the national level. The Presidential election is not truly national; in fact, it is really fifty distinctand simultaneous contests where a candidate with the most popular votes in a particular state captures the state's entire share of electoral votes. This winner-takeall aspect renders the margin of victory in each state insignificant and contributes to a situation where a losing candidate can have more popular votes, nationwide, than the winner. Though the electoral college today functions primarily as a means of maintaining ourfederal system, it originated, and should continue to exist, precisely because we have a federal form of government. It must be remembered that, while the national government exists by virtue of constitutional grant, the Constitution itself became effective only with the consent of the states. Surely it can not be contended that sovereign states, in endorsing the Constitution, voluntarily chose to forego their identity for purpose of electing a chief executive. More likely, states wished to guarantee themselves a say in the federal election process so as to compel accountability to them by a level of government which might not otherwise deem itself so obligated. This takes on added meaning in view of fears expressed prior to ratification as to possible usurpation of state sovereignty at the hands of national government. Much in the manner that the Connecticut Compromise assuring each state an equal number of Senators regardless of its population—was neces- — sary to gather required support for passage, so too, was the electoral college. Failure of the founding fathers to provide for state participation in the general election would have virtually guaranteed rejection of the Constitution, since states with smaller populations would not have felt secure in ratifying a paramount document adverse to their interests. The electoral college remains the principal vanguard ofourfederal system. One need only examine the great diversity that exists across various regions of this country to realize we are not only a nation of people but of interests. Without the electoral college Presidential candidates would be preoccupied with urban voters, leaving little incentive to appeal to voters in rural areas. Since electoral votes represent people and states, candidates cannot afford to ignore the less populous states. Law Education Program Prepares Youth Opinion 2 otfob«r 23, 1984 The three-day conference feaDr. Eric S. Mondschein, directures more than 40 workshops tor of the State Bar's Law, Youth focusing on such diverse sub- and Citizenship Program, said, jects as using law-related educa- "This conference bringstogether tion as a tool to prevent juvenile individuals from many discidelinquency; driving while intox- plines and professions with the icated; international law and the common goal of improving the Regents Action Plan; the indi- quality of education. Law-related vidual vs. the state; and a com- education has been proven to be parison between the rights of an an effective means of developing accused in the U.S. and South Af- the critical thinking and analytirica. cal skills of students." Conference on Feminism — Women's role in society as measured by perceived moral rights and the law was discussed in a give-and-take lecture program on Friday, October 19, at-the State University at Buffalo called "Feminist Discourse, Moral Values and the Law: In Theory and Practice." — The program, free and open to in John Lord O'Brian Hall on the UB North (Amherst) campus as the Law School's annual James McCormack Mitchell Lecture. But unlike the traditional single lecture format of previous years, the day»long program featured four female experts paired in two "conversations," followed by an opportunity for audience particithe public, took place pation. The first "conversation," spot- lighted Mary Dunlop, a San Fran- cisco attorney and co-founder of Equal Rights Advocates, a public interest law firm, and Catherine MacKinnon, a law professor at the University of Minnesota and author of "Sexual Harrassment of Working Women." The moderator for this session was Isabel Marcus, Ph.D., an associate professor in the UB Law School. The second "conversation," brought together Carol Gilligan, an educational psychologist at the Harvard Graduate School of Education, author of "In a Different Voice" and Ms. Magazine 1983 "Woman of the Year," and Carrie Menkel-Meadow, UCLA professor of law. The moderator was Paul J. Spiegelman of the UB Law School faculty. A period of "Reflections," at which time members of theaudience were permitted to ask questions, followed. Ellen C. Dußois, Ph.D., an associate professor of continued on page 4 �Jobs Conference Addresses Economic Revitalization by Jeff H. Stern The Reagan Administration's vast cutbacks in human services programs, and the problems of Reagan Redirects NLRB Policy Slaughter also pointed out that under Reagan the National Labor Relations Board (NLRB) has become increasingly pro-management, which has caused an "erosion of the legal rights" of union workers. Slaughter said that during the past four years the Board cities, industry and labor were the focuses of a Saturday, October 13th conference on. jobs and economic revitalization at Mt. St. Joseph Academy in Buffalo. The conference, sponsored has become reluctantto reinstate by various labor unions and lib- workers fired for making safety complaints, or to force employeral public interest organizabargain with the unions, tions, consisted of talks and ers to required as by the Wagner Act. workshops given by prominent trend has led to "a privatizalegislators, labor heads, urban This planners and other community tion of justice," Slaughter said. Slaughter sees solidarity as the leaders. only possible solution to labor's On Friday, October 12, a day recent inability to obtain relief earlier, Jane Slaughter, editor of the labor news letter Labor from' its traditional sources, i.e., the bargaining table and the Notes, introduced the conferNLRB. Different types of solidarence to about 40 law students in ity include coordinated bargainO'Brian Hall's Faculty Lounge, ing, power on the shop floor and with a talk on concession barthe formation of a national labor gaining and union-management party. relations. In addition the labor party must look to other quarters for Employee Concessions Benefit assistance. "If we reach out to Corporate Executives other unionists, communities, Concession bargaining began the unemployed and our allies in during the 1980-81 recession, the Black, Hispanic and women's when union members agreed to movements, we can begin to reincur wage freezes and cuts as a build our strength," Slaughter temporary measure to save jobs concluded. and help employers earn fair profits. Labor leaders also exProfit Levels v. pected the prices of American Quality of Life products to become more comThe conference on Saturday petitive with imported products as a result of reduced costs to opened wtih an address by Dr. David Perry, Professor of Enemployers. But after the recession ended vironmental Design and Planning at U/B. Speaking to a and the recovery began it begathering of about 75 members came apparent that "the employof the community. Perry for concessions was ers' drives rooted not in solving their short- criticized the approach toward term problems, but in achieving economic revitalization currently employed by many cities. That their long-term goal of emasculating the unions," Slaughter approach, according to Perry, igsaid. Employers' demands for nores the needs of the disadvanconcessions continue today, taged people living in the city and even though major corporations focuses instead on increasing are experiencing an economic re- corporate profits in the area. covery. Moreover, said Slaugh"In terms of traditional ter, the money saved by employeconomicrevitalization Buffalo is ers on account of workers' conconsidered unhealthy because cessions went neither to save there'sbeen a decline in the overjobs nor to reduce prices, but all profit of the area, not because rather to the pockets of corporate the quality of life has gone down," Perry said. Under that executives. Meanderings: analysis "Buffalo would be considered 'healthy' if people take jobs that pay little, because the profit levels of the corporations would then rise." Perry criticized the city of Buffalo and others in the state for adopting that type of profit-oriented approach .. toward economic revitalization. In order for meaningful re- vitalization to occur, "we must critique the measure of profit as a measure of health revitalization and reindustrialization must touch the lives of people and improve social well-being, not just increase the overall profit of the region," Perry emphasized. So far, however, "American values of self-interest and materialism have inhibited socially benefical economic revitalization," he concluded. .. Andy H. Vietshas come down with a very severe case ofwriter'scramps and therefore his column does not appear in this edition ofThe Opinion. As everyone knows, however, a picture is worth a thousand words. improved system of public edu- economy and wages will be at cation could play in reducing minimum and if Reagan gets poverty. Eve said that the over- re-elected they'll be below crowding and general inadequ- minimum as he has suggested acy of New York City public high he will do," Ricci said. schools account for a 50% dropWorkshops Centered on out rate. This high dropout rate Social Interests Reagan Pauperized Women "translates into disproportionate After Perry's address the unemployment, for minorities" Paulette Hammond, a former crowd dispersed irjto three work- since "the school population (in president of the National Organishops respectively entitled "The the city) is 80% Black and His- zation of Women (NOW) ampliCrisis in Collective Bargaining," panic," Eve explained. fied Ricci's criticism of the "Legislative Response to Plant Reagan Administration. AccordPoverty Exascerbated and ing to Hammond, Reagan's Closings" and "The Face of Poverty." Each workshop consisted policies of endlessly increasing Hidden by Reagan of a panel of community leaders Mike Ricci, a representative of military spending at the expense who would first speak, and then theAFL-CIO Department of Labor of vital human services profield questions and comments on Liasion followed Eve's talk with grams have led to a "pauperizathe topic under discussion. tion of women." Reagan's a harsh attack on "Reaganomics." Ricci said that un- spending cuts "have reduced Ameliorating Poverty employment is actually much jobs in teaching, health care and with Education work areas where higher than official government social The "Face of Poverty" work- statistics reflect because only women work most," Hammond said. She also criticized Reagan's shop was opened by David those who are eligible for uncut in education, housspending Echols, Buffalo Commissionemployment benefits are consier of Human Resources. Echols dered unemployed. "Once a per- ing assistance, food and health said that the nation is losing its son exhausts his unemployment programs, and AFDC (Aid to committment to eliminate povbenefits he no longer is counted Families with Dependent Chilit a treating instead as norerty, previously dren). as unemployed A lunch of pizza and fried mal and inescapable fact of life. you could collect 65 weeks of unNoting that President Lyndon B. employment benefits, but under chicken was served after the Johnson initiated vigorous gov- Reagan you can collect for only morning seminars. The break enabled people to discuss the wide ernment action to alleviate pov26 weeks," Ricci said. erty Echols said, "We have lost Moreover, the unemployment range of issues that had been morning's from the Johnson legacy our nastatistics do not reflect the fact raised during the tional committment to reducing that many high-payin"g manufac- agenda. Following lunch, the conferwe are close to al- turing and high-tech jobs are poverty ence was concluded with worklowing our national government being replaced by low-paying to abandonthe waron poverty." service-oriented jobs in fast food shops conducted on "Capital Flight," "Alternative Investment N.Y. State Assemblyman restaurants, hotels and domed Arthur Even spoke next. He stadiums. "Western New York in Strategies" and "National Indusstressed thepotential role that an due time will become a service trial Policy." — .. . . .. . Impact of Regulations Discussed at Law School Act, Clean Water Act, and the Glanville, Esq., discussed the his- torical reasons for so few civil lawsuits: expense, lack of incentive, and the expectation that an appropriate government agency will intervene. Glanville congress. sociation Seminar on Environpersonnel has ceded that many areas of the law addition, In mental Law Enforcement in a problem in public adminmust be further evolved. Since, been Western New York. Alice J. Kryistration. "The Environmental as residents of Western New zan, Chairperson of the EnvironAgency has been York, we are situated in one of Protection mental Law Committee, welevery time by upper the areas of major motion, we at checkmated comed the spectators and paradministration there are least may be witnesses, and very level ticipants to the seminar, which in the Whitehouse," possibly involved with, the roadblocks addressed the impact of environevolution; a sort of backhanded said Boyer. mental regulation from the posifortune. tion of business owners; the atRichard Lippes, Esq., disCitizen Suits torneys assisting the owners in cussed the strength of the citiMeidinger delivered a presencomplying with regulations, rezens cases and availability of ceiving permits, and preparing tation on "Citizen Suits Law, summary judgment; the status for litigation; the state officials Policy and Impacts." How is soof standing (it is unnecessary who must enforce regulations; cial regulation working today, thatthe plaintiff show that thedenow that we can include parties fendent company's pollution and the citizens. once excluded from lawsuits? very pollution which efThe YearThat Nothing Happened The discussion included jurisdic- was the plaintiff's interests); and fected The law school donated more tional and procedural requirethe treatment of past violators than floor space. Professor of ments, private enforcement suits (the violator can be suedfor past acts acts, and Law Barry Boyer and Associate and action forcing violations). Professor of Law Errol Meidinger through which one can bring a Act were participants in theseminar. citizen's suit (the Clean Water Defending Companies Boyer, in his opening remarks, is the easiest). O. Henrichs, Esq., deRagna called this past year "the year alleged violators of enPrivate Enforcement fends terms that nothing happened" in Continuing with the "Private vironmental regulations. Her of environmental enforcement. angle, Robert A. word of warning, "The stakes are Enforcement" Clean Air acts, the Legislative Compensation and Liability Act (SUPERFUND), to name just On Saturday, October 13,1984, were either tabled pending three, the Moot Courtroom was the setelection results or tied up in Conan ting for Erie County Bar As- by C. Lindquist . — very high the client may not talk to your client about stakes." The $10,000 per day penalty fine is a possibility, but don't forget the attorney fee. She said to expect extensive interrogatories because the discovery process is burdensome. She recommends frying to solve the dispute before this stage, such as looking to jurisdiction for possible means of dismissal. In rection to Lippes' remarks on standing and prior violations, Henrichs feels that there should be a need to show adverse effect linking defendent directly to plaintiff. She queries, if citizens are allowed to bring suit in order to improve the environment, why allow a-suit to be brought if the problem has beenalleviated? On a final practical note, Henrichs urged practitioners to determine the whole situation as soon as possible. "A 'citizen suit' is not just any lawsuit brought by a citizen," she says. "It is a quasi-enforcement action authorized by a statutory provision in one of thefederal environmental laws." always get concerned Permit Application Stamp, Duane Associate Counsel for Occidental Chemical Corporation, stressed the necessity for providing high quality work and technical expertise in order to assure an effective presentation to the agency issuing the permit. Aside from making a good external show, technical expertise will help in-house. A working knowledge of industrial processes will help you guard against "telling the company to go out and buy a machine-gun to kill a fly." He said, "A proper permit is critical to the success of a business enCounsels responsiterprise bility is primarily to understand regulatory framework so it mat be worked within." . - Overregulation? Ernest Gedeon, a Manager (Regulator/ Compliance and Training) for CECOS International, Inc., stood behind the podium and quite earnestly remarked that contrary to any belief Professor Boyer held in recontinued on page 4 October 23, 1984 Opinion 3 �Students, Lawyers Join in Program confirmed the Program's value COO recommends the following behalf, as well as a copy of the Student Guidelines and EvaluaOver of the students who steps: tion forms. provided written feedback felt Attorney RegisReview the 1 that The time was well spew "I ter Categories listed in the Onehave missed it for any5. Call the attorney's office and to-One announcement which will set up a mutually convenient thing." "I would require it for all be deliveredto the student mailstudents for Their own good date for your visit. boxes and select the area of pracThis Program will be especially helps to focus on practical as- tice, type of office and size of pects of legal education." 'This firm office that you would like to useful for students who want more information on alternatives program represents a most observe. available after law school. It is an beneficial opportuniTy to inject some 'real wortd' legal practice excellent way to observe differ2. Stop by CDO (Rm. 309), reinto law school study ..." These view the Attorney ent types or sizes of firms and cards, Profile are typical examples of the enagencies, with no limit on the and select the attorney with thusiastic comments received a person can like to meet. number of visits whom you would For that reason, the Career from last years' student partici- Attorney make. Profile cards are filed by Development pants. Office hopes that area of practice for first-ranked to see Attorney enthusiasm for the each student will'findtime that attorney. One-to-One Program seems to at least two or three attorneys the year. match that of the students. In the 3. Submit Attorney Profile card during past, many attorneys have gone (the and Student Request Card out of their way to ensure that yellow form dropped off in your the events to be observed by the mailbox) to CDO. CDO will then continued from page 2 visiting student are interesting prepare a letter of introduction history at ÜB, joined the speakers and valuable. Itis not uncommon to the attorney. Allow 48 hours in responding to historical quesfor attorneys to go well beyond for this to be done. tions. the one-half-day time commitJames McCormack Mitchell, ment requested. the letcopy Pick of up your 4. To participate in One-to-One, ter of introduction sent on your whose name the lecture series by Audrey Kosdmtniai. The Erie County 6*r Assoc*tion and the U B taw Alumni Association have joined the Career Development Office *n sponsoring the 1985 One-to-One Counseling and Career Guidance — Program. Its purpose is oot only to help students explore available career options, but to in- crease their awareness of the realities of law practice by discussing those items with a person who experiences them daily. One-to-One makes it possible for first, second and third-year students to spend half-a-day observing an attorney during his her normal routine. The student may choose the size of the firm or agency, the practice speciality of the attorney, and the type of office (government, public interest, judicial, private firm, or corpor- Audrey Koscieiniak Conference on Feminism ate legal department). Last year, many students par- ticipated in One-to-One, and the evaluations submitted by them memorializes, graduated from the UB Law School in 1897 and at one time served as chairman of the UB Council. The Mitchell in Lecture Fund was established 1950. SBA Meeting Focuses on Dean Search Committee The school has approached the SBA and is willing to do the leg work necessary to organize The first meeting of the Stuparty on the Main Street camthe Association (SBA) was dent Bar held on Wednesday, October 10, pus. Second-year Director Lori 1984. It was a relatively short Cohen volunteered to head an ad meeting, but in the future regular hoc party committee, but she meetings will be held on needs help. Any volunteers, Wednesdays between 5:30 and please leave her a note in mailbox 597. 7:00 p.m. Second, SBA President Rich Three major items were noted that the law Gottlieb brought to the attention of the SBA Board. The first is that the school is required to have a stulaw will be co-sponsoring dent referendum on the activity rently, the fee is $19.50 per semester. One of the duties of the Finance Committee, currently being formed, will be to determine whether we need to raise the fee, and if so, by howmuch. Finally, the Dean Search Committee was a hot topic of discussion. Under Provost William R. Greiner's current proposal, there would be only one law student with a vote on the committee with an alternate serving ex officio (without a vote) on the comfee every four years. This is the mittee. Third-year Director Judy year it must be put to vote. CurOlin sponsored a motion to im- by Lisa Roy school a Halloween Party on October 27 with the School of Management. [ Impact PASS WITH (continued from page 3} and enforcement does exist in New York State. "This necessary service (the management of hazardous waste) provided for industries, large and small, that generate toxic and hazardous waste has become one of the most severely regulated businesses of the times." He concedes that "the current concern is well founded," yet "the difficulty obvious in the entire (application and permitting) procedure is having someone make an appropriate decision in a timely and consistent manner." ... The Pieper seminar is now the hot bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. . John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni — Once They Get Their Mitts On You Henry Killeen, 111, Esq., started his presentation with a concession: "Even though I defend industry, corporate polluters are worse criminals than rapists ..." He follows that statement with a warning to be skeptical. Really folks, do PCBs deserveall thebad press they have been receiving? "What can they do once they get their mitts on you?" Plenty, so be sure not to ignore the problem, and if possible "dump the liability on the insurance company tender the problem immediately to every carrier possible Be serious, skeptical, and quick to act." Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 .. 747-4311 EARLY REGISTRATION DISCOUNT UNTIL DEC. 1, 1984 See Your Pieper Rep: X Joseph D. Coleman Penny Rubin Deborah M. Williams Joan Kenney Opinion October 23, 1984 4 Richard Eric Gottlieb Richard Schaus Steve Wickmark r\ was circulated to the student body. Gottlieb, Torres and Olin were supposed to meet with Provost Greiner on Wednesday, October 17, to submit the petition and urge him to adopt the proposals to increase student members on thecommittee andallow the SBA to select the student. However, at the time this went to press, Greiner had cancelled this engagement and referred these people to his assistant, effectively closing off any hope of direct communication with Greiner on thisissue. of Regulations gards to thwarted attempts at enforcing regulation, regulation PIEPER (516) mediately form a committee to force the administration to increase the numberof students on the Dean Search Committee.The motion was unanimously approved by the Board. This new ad hoc committee met following the meeting. Pressent at the meeting were Gottlieb, Olin, SBA Vice-President Tony Torres, Joe Rifkin, Kathy Tenney, Beth Ginsberg and Todd Bullard. The committee drafted a petition protesting the lack of adequate law student representation on the Dean Search committee. The petition The Stronger the Governments Hands the Better These seem to be appropriate words coming from John Greenthal, Director of Division of Environmental Enforcement, Department of Environmental Conservation. This statewide counterpart to theU.S. Environmental Protection Agency has been working to include strict, joint and several liability within the state statutes. Currently only the federal government can include all parties in the chain: owners, operators, transporters, etc., indeterminentof "past or present" relation. The availability of felony sanctions is of major importance, too, and fines and imprisonment are effective deferents. The DEC is now beginning to move into the establishing of penalty amounts. Greenthal stressed the importance of breaking the competitive edge to non-complying rivals as well as trying to recoup, through these fines, administrative costs to agencies for the time and energy spent enforcing regulations. "All the speakers are emphasizing major problems... there are lesser concerns which remain important to consider. Every business is involved in Environmental Conservation Laws," said Peter Burke, the Acting Regional Director, Region 9, ofDEC. What Burke would like to point out is that in limited cases of small offenses, there is room for compromise. Practicality has not been disgarded. Handout materials and other speakers' messages were provided to the audience. Copies are available for review from the Environmental Law Society office, Room 07, basement of O'Brian Hall. �s Last year, again, more than 4,300 people studying for the NewYork Bar Exam took BAR/BRI. 4,300 people can't be wrong. Any questions, please contact the following: Vie D'Angelo Mary Pat Enright Rita Hubbard JillKawa Lorri Kolbert. Scott Stechman DanElias Cathy Pappas DanFigueroa Jason Reid Karen Vance Ed Peace Rich Murphy MattFusco Jessica Bragihsky Lee Smith Nancy Barshter Laurie Frank Janeßlumenthal Susan Kozinn GaileTowne Sim Goldman Andy Fleming SethSahr Roland Cercone Jack Murray Wendy Friedberg Tom Pernice Tom Roach Jay Goldstein Gina Peca i / /pv ll])({jllfm ' 401 Seventh Avenue Su,te 62 W New York, N.Y. 10001 (212)594-3696 M (516)542-1030 (914)684-0807 New York's Number One Bar Review. October 23, 1984 Opinion 5 �Legislative Aide Speaks on Lobbying Tactics success in your lobbying effort is Carey released it right after the to go to that legislative member bill was signed. As for Governor Q. Is there a difference between for assistance and cooperate Mario Cuomo, he is just about to lawyerand non-lawyer lobbyists? with him/her to develop a joint release this information on the bills passed in his first year in For certain interests, it is better strategy. So regarding the question, a office. to have lawyer lobbyists, such as This information helps the conin legislation dealing with crimi- Washington lobby firm will not nal codes. However, non-lawyer have a greater impact in Albany stituency know the agencies' lobbyists are better in mental unless it can do these things. Of standing on different bills. course, it is always easier to Toby Professor of Law Milton health and social legislation. prevent block and a bill rather Kaplan, who teaches a course on Legislators don't use law students so much because they than cause it to become law. As municipal law, noted the difficulcan't provide information as fast for Washington, there is even ties in getting memoranda of as lobbyists. They must research more deadlock because of the sponsors of bills. Tobe acknowledged this problem and the fact topics while lobby groups often bigger process. have the information already Q. Why is the legislative history that for a fee, there are private companies who will obtain the compiled, such as telephone sur- of statutes so difficult to obtain? information and provide it to the veys or computer printouts. public. The success of these priHowever, that does not mean Sometimes it is set up so relegislators will limit themselves. ports are made on the bill. Other vate companies are fostered by Instead, in accordance with the than that, the sponsor of the bill the lack of easy access by the public to this type of information. Fresh Water Act, they will invite is required to submit a memoranIn the past, memoranda were as many people as are knowdum on his intent, which is often ledgeable about the bill in order in the form of propaganda. The kept only for the present and to have a broad base of facts and committee's one-page report on prior year. However, all informathe bill is more impartial. Both tion presently will be kept on information to decide upon. computer for future access help to establish legislative inQ. In Albany, is a state lobby tent. through a government-spongroup more effective than a Rarely is questioning done on sored agency, probably on a fee Washington, D.C. law firm spec- the legislative floor. Most is done basis similar to Lexis or Westlaw. ializing in lobbying? informally or through commitQ. How can one learn legislative tee. Only if the bill is drafted drafting and was there anything The trick to lobbying is to un- poorly or if there is an ambiguity of value which you took in law derstand what is the pressure not previously clarified will quesschool to help you learn? point on your topic at the time tioning be done on the floor. and the ability to put that presOnce the bill is passed, it is sent There are two ways to learn sure on. The big name is not as to the governor for approval with legislative drafting: from the important as is the plenary a bill jacket that includes all letpeople on the staff and from the knowledge about the topic. ters of support or clarifications Legislative Bill Drafting CommisThere is no right tactic; they from legislators or agencies to sion. The later sometimes will change minute by minute. You help the governor decide. Fordraft the bill itself, but always must have the resources and mer Governor Nelson Rockefeller gives any bill which is drafted a analytic ability, and know how to did not release any of this inforquick scrutiny for mistakes. apply it. Every bill almost always mation until after he left office, Law school in general prohas an inside advocate, so the while former Governor Hugh vided the framework for undercontinuedfrom page I • Cable Is Fix For T. V. Junkie by Pudge Meyer Today, October 13, is a great job offer, or finish the assignment for N.Y. day. No, I didn't get a Practice. It's better than that— I got CABLE TV. It probably won't be easy at first. I have some big decisions to make right away. For instance, tomorrow night at eleven I have to choose between Jerry Falwell on WTBS and Kung Fu Theater on USA. How can people do it? And it's a good thing I don't have any plans for Tuesday, because I'm gonna be busy all night. Wrestling is on at 8:00P.M., mid- — night, and 2:00 A.M. and Superßouts of the Seventies is on at 12:30 A.M. By the time that's over, I'll be primed to watch the Movie Channel's offering of ALI BABA'S REVENGE. What a flick! Cable T.V. is a lot like eating at Duff's: you just don't let up until you think you get your moneys worth, butall you get is ill. I could watch the regular news, but now I watch it on WKBW, out of Bos- ton. They say it mightrain tomorrow. I also watch Barney Miller on WPIX instead of Buffalo's Channel 2, even though the latter is on at a more convenienttime. All together, I get thirty-one television stations, ranging from ABC to ZBC, New Zealand. Even though they show mostly American shows, it's fun watching what New Zealanders watch. There's an art's channel, three public television stations, two Spanish channels, and four French channels I can speak Spanish but I can't speak French. There are also two religious channels, but they're only on for half the day. They show music videos on the other half. In fact on Friday nights, I can watch music videos on six different channels. Funny, I usually don't watch TV on Friday nights at least, I didn't used to. — — There's lots of sports for sure. In fact besides wrestling this week, there's a lot of surfing, moto-cross, angling and even arm-wrestling. Yes, it is time I "Ain't That Pretty at All" (from his latest 1.p., "The Envoy"). On October 3rd, California rocker (and sometimes werewolf) Warren Zevon played the Buff State Social Hall in what was billed as "a rare solo performance." And interesting it was, »as Zevon stepped from electric guitar to acoustic and electric piano to perform songs from his five Asylum albums. Although the absence of his tremendous "Stand in theFire" back-up band was conspicuous, Zevon's renditions made up in enthusiasm what they lacked in slickness particularly, "Jeanie Needs a Shooter" (co-written by Bruce Springsteen) and the manic — Opinion 6 Octobar 23. 1984 Suffice it to say that Zevon was good: He growled through each number in his patented hard-guy voice (a striking contrast to his baby-face and spectacles), much to the audience's delight. The real question was: What was he doing in Buffalo to begin with? The Buffalo News, in anticipation of the concert, noted that Zevon is currently without a band or recording contract. Was he following a downward slide due to his legendary problem with Mr. Vodka? The press says he's over that. (Indeed, he looked well enough.) Was he "paying his On most votes, legislators do not know the bills in detail because it is impossible with almost 3,000 votes each year. Instead, legislators take cognizance of the experts in particular fields or subconsciously rank There is a variety of ways, but two paths are dominant. One way is to start with.a good government issue, beginning at the local level, and push it on up. Upon this basis, the government ing to politically idealogy. Legislators do not necessarily trade off votes, but follow issue leaders and look to see howother people are voting. For this reason, there is great reluctance to have poll voting. On the other hand, there is no absolute log roll where votes are exchanged, but there is a compromise. The more concern over the issues, the more pressure by lobby groups are an asset to them. Another way is to start out with a private firm which is successful with its clients and becomes a lobbyist for certain concerns. Tobe offers two caveats, though. Yur credibility will suffer if you start out on theside of one concern and are hired by an interest with a view opposing the one you have previously taken. Second, there is Conflict of Interest Rules which prohibit an Albany legislator from lobbying for a period of two years after leaving the government for private practice. However, loopholes do exist for legislative aides and assistants. For those who missed the presentation and would like to hear it, it is on audio tape available in the A-V Department, sth floor of the Law Library. themselves with others accord- and the more effect on your con- stituency, the more you lookinto the bill. Q. Do all lobbyists have access to legislators? Whatis the criteria to determine a good or bad lobbyist? Dishonesty makes lobbyists horizons. "bad." It ruins their reputation. You've got to keep an open mind They do not last long because too truly broaden my about such news events. Don't forget, this country too was born of revolution. At its conception, cable TV was supposed to bring to the viewers, for a fee, programs that the networks thought were too expensive, or too limited to a certain audience. Thus we initially found Marty Feldman movies and opening rounds of Davis Cup play. Then, gradually, the cable stations began showing programs that the networks threw out, such as re-runs of Dragnet and Gidget movies. And, finally, they give us channels from other parts of the world which, alas, show the same programs that we can see right here in Buffalo. Maybe my grandfather is right when he says "Stupid Americans." Stupid or not, I enjoy some of the programs. And for my money, the guy who does the weather on WOR PrimeTime News at 8 P.M. makes it all worthwhile. Zevon Answers Critic With His Music by John Kolaga standing bills and the necessary much trust and reliance takes analytical skills, but nothing as place between lobbyists and far as a sit-down and writing legislators. On the other hand, incourse to draft legislation. Be- tegrity is most important. Also cause bills are written in a pres- important is resources and the sure cooker environment, the ability to understand the circumstances and apply them to ability to compromise is necesfight the battle to (dis)prove the sary. So to be an effective legislator, part of the qualification is merit of the bill. As for access, it often depends the ability to write and part is to be able to deal with the dynamic upon the numberof people waiting and conversely, the patience pressures. of a lobbyist to wait. The ability Q. Do a majority of the legislaof a lobbyist to work effectively tures understand the bills or do depends upon his/her willingjust a core of members? Are ness to work cooperatively. votes cast out ofbelief-in the generality of thebill oras a result of Q. finally, how do people get into lobbying? give and take for other votes? dues" on the college campus circuit? Maybe so. Zevon didn't answer these questions. Instead, he barked out a few Zevonian quips, (e.g., "So, do you want to play, rough?"), worked hard, and seemed genuinely pleased when the audience responded. Somehow, his attitude and the informal setting of the concert left the impression that Zevon just wanted to to hearreal applause. play live And when the last strains of "Werewolves of London" subsided, he said "God bless you" and left the stage. In spite of all his songs about weapons and murder, Zevon just didn't seem so tough after all. may hire you so you are no longer a thorn in their side but New Mail Boxes Will Solve "Doubling" Problem Photo by Victof fl. Sidari New Facility for Library • continued from page I "a facility whose time has come." She spoke of the need for a facility that would enable students to improve their lawering skills by using the library's videotape machines. The Koren Center will be particularly helpful to first year stu- dents, as Professor Olsen noted, in the oral argument portion of their research and writing courses. Olsen believes that the impact of the Koren Center will greatly enhance the school's clinical programs. The facility can also be used by students to refine interviewing skills. Among those making brief presentations were Dr. Steven Sample, President of U.8., and Dr. Robert Baker, a close per- sonal friend of Mr. Koren. A placque was unveiled at the end of the ceremony to commemorate the opening ofthe Koren Center. Funding for the facility was provided by Dr. Baker and various university sources who were not disclosed. Mr. Koren is a native of Brooklyn, but attended high school in Buffalo. He received both his undergraduate and law degrees from U.B. The center named in his honor provides a unique and valuable facility for students and faculty of the law school. — 'Os by Victor ft. Stdari �Once is enough! 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Jefferson Blvd., Culver City, CA 90232 (213)558-3100 CES/BRC Eastern Regional Office: 10 East 21st Street, Suite 1206, New York, NY 10010,(212) 505-2060 October 23, 1984 Opinion < 7 �Pudge's Corner: The Saga Continues: Pudge's Summer Internship with Carson County's District Attorney's Office dered if this was Leibowitz' main hangout. We ordered from the XI. blackboard, and he asked me Crenshaw got his conviction how I was coming along on the the next morning. While everywork he had given me. "Well, I'll tell you, Leibowitz. one in theoffice was congratulating him, his secretary asked There isn't too much there by about sentencing. I had heard way of research to support your stories of preferential treatment, position." He ordered another and prejudices that for a basic beer. "Didn't you find anything?" part of the sentence recommen"Sort of." I grinned. They dation. But I had felt that Crenshaw was above all that. Not so. didn't come to call me superNot even he was immune from sleuth for nothing. "I have a case considering factors that in reality that found probable cause under had little to do with the typical these facts: A television was reported stolen from a house on analysis that goes into a recomBannick Street. The police, on mendation. "I'll go easy on him. I mean, I their way over there, saw a don't particularly care for the drunk. The drunk asked them if guy; but he is, after all, my they wanted to buy a television that he 'had to sell in a hurry.' brother." Stressing the proximity of time XII. and place, the judge held that Leibowitz came into my office. probable cause to arrest existed." "Steve how about lunch?" I "Hmmm proximity of time jumped at it. I was anxious to get and place think I like that I in on some good lunch-table gosphrase. Do you have anything sip. else?" "Where are we going Rick's? "Yeah how's 'You can't see Polino's?" the forest for the trees'." "I thought I'd take you over to Goram's." I had heard about it, by Pudge Meyer .. — ... — but nothing big. All they say about Goram's is that the food is good. When we walked in, I was disappointed. It was crowded and stifling, but I didn't notice too many other lawyer-types. — XIII. The afternoon wore on, and all I could think about was CRENSHAW. I didn't see that Mr. Dres- ser, our dearly departed stenographer, had come into my office to get a stapler. "Oh hi Mr. Dresser. What brings you here so — Four old-fashioned fans hung motionless from the ceiling. No soon after retirement?" menus. "I need the work." The last On the way in, Leibowitz said time I was that confused, I was hello to a few people. They watching Bill Cullen host the looked like they were on the way game show, CONCENTRATION. out. As we were seated, I won"So why did you retire?" "My boy, one hand washes the He got them back nicely, but he other. Sure I retired. But it'll take knew he was being tested, and them four weeks to find a re- he knew I had control of my placement. So, meanwhile, I'll shots. After ten minutes I had a work. Since I retired, I get per feel for how I should play him. diem rates, which amounts to I'd slide his short shots down the middle and come up. By hitting more than my salary." "Oh I get it. You're doing the down the middle, I'd take away same work, in less hours, be- his cross-court drives. Just as we cause you come and go as you spun for serve, his beeper went please, and you're costing the off. He cursed, yanked the bat- county more." .. "Now you've got the hang of it." He walked out. One hand washes the other not bad for a stenographer. XIV. My nemesis walked in at 4:15. "Why don't you finish up so we can get on the court early?" "No problem," I said, remaining cool. "I already called Luther and told him to keep Court One open for 4:45." "What do you mean? I thought we were playing at the Club." I could have handled this in one of two ways I chose the sec- — ond way. "Okay —the Club it is." We walked on* to the court. Crenshaw checked the net. I was wearing a half-shirt that said "Ohio State" and a pair of shorts sporting the Kennedy Griffins logo. He was fitted as if Cellini himself had done thealterations. He pointed at my feet. "You gonna play in those?" "Only pair I got." I really did have another pair, but of the same style Nike track shoes. We started hitting. Three to his backhand, three to his forehand. # # # — tery, and threw it over the fence. This guy meant business. Two double-faultsand a misshit handed me the first game. I adjusted my protective cup; and as I tossed my first serve, I really didn't expect things to continue so easy. But I knew from where he was standing that he wasn't going to return the first serve. He didn't. And didn't. And when he did, it was weak. What do you know he had never seen a lefty serve. I spun it into his body; I swung him wide off the court. He couldn't do a thing with it. Feeling pressured to hold — his own serve, he double-faulted a few more times, and resorted to just tapping in his second serve. I was all over it. He got frustrated; he didn't get the chance to hit too many groundstrokes because I was on the attack. It was a server's match. When I was fourteen, a local pro asked me which shot I thought was most important. "Approach shot?" was my naive suggestion. Nope. The Serve. It wasn't long before we were at the water fountain. I didn't know what to say. He looked down in the dumps. "I tell you, Steve it would've been a lot different if I returned some serves." "Yeah," I said, "and if Ralph Powell would have went faster, he would've won the Carson County Midget Stock Car Rally." Crenshaw laughed. "He took second, huh?" "No forty-eighth." To be continued... — — Institute on Taxation The 31st annual "Institute on Taxation" will be conducted on December 6 and 7 at the Buffalo Convention Center. The luncheon speaker on Friday, December 7, will be State Assembly Majority Leader Daniel B. Walsh, who also is chairman of the State Legislature's Tax Study Commission. The popular program for income tax preparers, accountants, attorneys and others involved in tax matters is sponsored by the Buffalo Area Chapter of the State Society of Cer- tified Public Accountants, the Erie County Bar Association and two organizations within the School of Management at the State University at Buffalo. These are the Management Development council and the school's Alumni Association. Formerly known as the "Institute on Federal Taxation," the name was changed to better reflect its expanding nature. A brochure outlining topics and other speakers will be issued in November, the sponsors noted. The MPRE Exam date is November 16,1984. bar/bri will be offering its review course on two different dates: - SUNDAY, NOVEMBER 11,12 6 PM, Room 109 WEDNESDAY. NOVEMBER 14, 5 -11 PM, Room 109 The cost is $75 which will be fully credited toward your total BAR/BRI course price. Sign up must be completed by Monday, November sth. New MPRE books will be available after November 5,1984. (bojfffcnM 8 Opinion October 23, 1984 401 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-10-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 25 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/23/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9f88c39dc415a45ef0c3ea1302d88976.pdf f1d9ecab07946fd1130838e20c6e1203 PDF Text Text Vol. 25 No. 4 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 9, 1984 Greiner Assembles Law Dean Search Committee by Tony Torres The most important issue of the year has become the selection of a new Dean for our Law School. At the September 21, 1984 faculty meeting. University Provost William Greineroutlined the procedure by which the Law School Dean Search Committee is to be assembled. As students and future 'alumni, we should take an active role in the selection of the new Dean. Headrick Lauded Dean Thomas E. Headrick has indeed accomplished much during his eight-year tenure as administrative head of the U/B Law School. He has managed to balance the needs, wants and changing attitudes of transient students with the academic demands of a diverse and controversial faculty, while building the academic respect and reputation of the institution. It is a rare leader who can achieve such a balance, and it is our loss that Headrick won't be remaining as Dean. It may prove to be impossible to find a candidatewith his qualities, but we must endeavor to do so. We is underscored because of a plethora of reasons, not the least of which is that the reputation of the Law School, and ifs Dean, precedes us as we begin our legal careers. It is, therefore, important that the student body become, and remain, involved in the dean search and selection procedure. On Friday, September 21, members of the faculty, Judy Olin and this writer, convened in Room 210 at 2:15 p.m. to listen to Provost Greiner address the issue of replacing Dean Headrick. The Provost began by first acknowledging the hard work the Dean has done during his administration, the close personal friendship they have developed, and stated that he is glad that Dean Headrick is remaining on the faculty. Provost Greiner said thoughtfully: "It is with deep regret that I accept this resignation." Greiner then listed two items of concern: 1) The make-up of the Law School requires a very diverse person to fill the Deanship; and 2) the Dean of the Law School is a leadership position for the whole University. Search Procedure Outlined Provost Greiner proceeded by running down the procedures utilized to acquire a Dean for the School of Architecture recently. The Search Committee make-up was three Department Chairpersons, two faculty at-large, one staff professional, one local architect, two students (one undergraduate, one graduate), two university at-large faculty, and, as president of the Committee, the Dean of Management. The Committee instituted a full nationwide search which included applicants from the faculty. After careful screening six candidates were invited for a round of first interviews with faculty and administrators. From these, four candidates were invited to return for a second round of more in-depth interviews. The Search Committee then submitted a final unranked list of four candidates to the Provost. The Provost after conferring with the faculty, made an offer to the most qualified and acceptable candidate, who then accepted. Provost Greiner proposed that the Search for the Law School Dean should proceed in the same fashion. The proposed make-up of the Committee would be five faculty, one student, two University at-large faculty, one staff professional, and the Dean as head of the Committee. Applications for the positions are to be ac- cepted soon; therefore, the Committee should be formed within the next few weeks. The Provost would like a short list (no more than four candidates) by March 1985 and have the new Dean selected and contracted by August 1, 1985. The faculty is to elect ten members for the Committee of which the Provost will select the five faculty committee persons. The S.B.A. is to name two candidates for the Committee from which the Provost will select one. After fielding a multitude of questions such as; "Why do we need other faculty?" and "Why only one student?" Provost Greiner swiftly departed. The faculty discussed the proposed procedure, then voted to delay elec- tion of the ten faculty until later this week (that list will be made available). Need forStudent Representation As student representatives to the faculty meeting, Ms. Olin and this writer argued that two students were necessary on the Dean Search Committee. Our points were as follows: (1) although we do not have a J.D. and an L.L.M. program, we do have a recognizable upper and lower class; (2) that a second student would add to the process by emphasizing our concerns; (3) that a second student would allow for some flexibility forschedule conflicts between the committeeand the students; and (4) that due to tdlltlUHilltill I'lltfC /(*' Class of 987 Academic Stats are Down Slightly acceptan-es on just numbersthan we have had in the past. The committee was looking for a better cross section of students (by increasing the relative importance of personal factors)." Echoing the national trend, apacademic year, the LSAT was offered four times in New York plications to UB were down State and, due to the State's Truth-in-Testing law, each exam was completely different from one another. But, warned Crosby, looking at the admissions process only by Victor Siclari through numerical standards U/B Law School will have the may be misleading, since the admissions committee changes the honor of hosting the American criteria and the weighing of indi- Bar Association / Law Student vidual factors each year. "The adDivision (ABA LSD) Second Circuit Fall Roundtable on Saturday missionscommittee's interpretations change from year tp year," and Sunday, October 20-21, she said. "This year's scores may 1984. This conference is comprised just be a reflection of the commitofjhe second circuit sector of the preferences." tee's current Crosby noted thatthe committee ABA/LSD and includes all fourwas especially interested in an teen ABA-accredited law schools in New York State. According to applicant's "personal factors" U/B's ABA/LSD the life experiences and special Susan Kozinn, representative, each one of the circumstances not mirrored by standardized scores. "Almost law schools will send one or two posevery file (application) we re- of their representatives and president to attend ceived was individually reviewed sibly its SBA the Fall Roundtable. by the committee," she exThe weekend will be divided plained. "There were fewer auinto two events. On Saturday mid-afternoon, there will be an orientation meeting to which all U/B law students are invited to come and meet with the representatives from the other law AND MORE! schools. It will be a "Let's Get Ac- the test. However, LSAS officials by John X Lapiana caution, such rankings change Although their numerical from test to test and all recent academic credentials are somelaw enrollees were not necessarwhat lower than their immediate ily tested at the same time or had predecessors, UB Law School's taken the same test. Last 1984-85 first year students instead reflect more the school's campaign to elevate "personal factors" to a more important role in the admissions process. According to Helen Crosby, Law School Registrar, the class's Law School Admissions Test (LSAT) score median was 36, down one point from last year, while themedian grade point average (GPA) also fell from the 1983 mark. The Class of 1986, on the average, scored a 3.4 GPA during their undergraduate years, while the new enrollees averaged 3.3 out of a possible 4.0. Crosby said no statistics are available on the first year student's class rankings. The Law School Admissions Service, which, with the Educational Testing Service, administers the LSAT, used by almost every Law School with varying degrees of importance foradmissions, estimates that a 36 score ranks the UB student within the 75th percentile of those who took *&- 4r PAD Initiation Meanderings tomatic slightly from the previous year, Crosby said, noting that 1500students applied for 275 openings in the first year class. According to a recent American Bar Association survey, enrollments at the nation's law schools has been on the decline for the past two years. Law enrollment hit an all-time high in 1981, when 130,000 students were matriculating at 166 American law schools, but that figure has dropped to last year's 128,742. While ÜB's enrollment figure remains stable, the nationcontinued on Law School to Host ABA/LSD Second Circuit Fall Roundtable — ... quainted" session to welcome the visiting ABA/LSD representa- tives. "It will be a worthwhile opportunity to meet involved students and make connections," says Kozinn. She recommends all U/B law students, ABA/LSD members or not, to take advantage of the exposure to the representatives from the other law schools and utilize available resources which they can provide. Very informal, the orientation will be a Beer Blast with hot hors d'oeuvres for all. The time and place will be determined soon with information to be posted. The second event, the actual Fall Roundtable meeting, will take place on Sunday, starting at 9 a.m. It will be open only to the ABA/LSD representatives. "It is an organizational meeting to compare notes and ideas and to find out what each law school is doing," says Kozinn. There will be an exchange of information as to what projects other law schools are planning and how resources can be pooled and plans organized to achieve greater success in their endeavors. The ABA has budgeted for travel and lodging expenses of the representatives. According to Kozinn, the ABA's major interest in this conference is to promote and boost membership among the schools' students, but equally important to the ABA is encouraging participation in ABA-sponsored competition and periodicals. Some examples of the upcoming competitions include Client-CounselingCompetition, National Appellate Advocacy Competition, and Negotiation Competition. For more information on the competitions, membership in the ABA/LSD, or the Saturday Beer Blast, contact Susan Kozinn, mail box #428. �VOl. 25. NO. 4 October 9,1984 EditOrtrr-Chief Bob Cozzie Managing Editor Victor R. Siclarl Randy Donatelli News Editor: Andy H. Viets Features Editor: Business Manager: vacant Photographer: Molly Mahany Staff: Robert Mark Bursky, Victor J. D'Angelo, Robert C. Lehrman, Cliff Falk, Paul W. Kullman, John K. Lapiana, Pudge Meyer, Jeff H. stern. Layout: Tim Burvid, Pam Laidig. Handicapped Experience New Life at Fresh Air Home by Robert Marc Bursky I During the summer months had the good fortune to work at the Southampton Fresh Air Home, a privately funded, notfor-profit organization dedicated to providing children (ages six to sixteen) with an array of physical © Copyright 1984, The Opinion. SBA. Any republication of materials maladies, a place where they can herein is strictly prohibited without the express consent of the experience growth and learn to Editors. The Opinion is published every two weeks during the cope with their situations. Loacademic year. It is the student newspaper of the State University cated in a residential neighborof New York at Buffalo School of Law, SUNYAB Amherst Campus, hood in surburban Long Island, Buffalo, New York 14260. The views expressed in this paper are the Home caters mostly to innernot necessarily those of the Editorial Board or Staff of The Opinion. city kids who might not otherThe Opinion is a non-profit organization, third-class postage enwise have an opportunity to extered at Buffalo, N.Y. Editorial policy of The Opinion is determined change noise for tranquility, tucollectively by the Editorial Board. The Opinion is funded by SBA mult for serenity, cement for from Student Law Fees. Composition & Design: Words & Graphics, inc. grass, fire hydrants for swimming pools and beaches, seven I and one-half weeks per year. Many of these children (about 60 in all) have spent much of the previous year in and out of various hospitals, undergoing corrective surgery and rehabilitation. Their ailments include cerebral palsy, muscular dystrophy, osteogenesis imperfecta, juvenile rheumatoid arthritis, spina The Student Bar Association is made up of the approximately eight hundred law students who attend this school. In bifida, and clubfoot, among our view, the SBA has basically two functions: The allocation others. Causes and Effects of Editorial: Future Elections Reform Necessary of student activities fees, and dealing with the law school's administration. These responsibilities are performed by the SBA's Board of Directors and various SBA committees. The recently-held SBA elections offered a stark contrast in candidates with respect to the way these functions are to be carried out. This was especially true at the presidential level. Rich Gottlieb, the winner of this year's race, is insistent in his belief that the SBA Board ofDirectors is a political body which should be outspoken on numerous issues affecting both the Law School and the University as a whole. Rob Sant's philosophy could be best summed up by his campaign slogan— "Parties, Not Politics." Each candidate held well-defined and articulate views on issues affecting the school, such as SBA funds, and the Law School's relation to the rest of the University. In addition, both Gottlieb and Sant could point to substantial experience with the workings of the SBA. One can wonder, however, how much the outcome of the race depended on the abilities and positions of the candidates. The only real criteria the entire student body hadfor making a choice in this year's election were signs plastered throughout O'Brian Hall, one sentence campaign slogans, and a debate attended by about forty people. Since both candidates are seniors, third year students who knew them personally may have had legitimate reasons for voting for one or the other. For first year students, and most second year students, however, the election process does not provide them with a legitimate and meaningful method of making a selection. It is clear that the SBA electoral process is sorely lacking in giving most students the means of making a serious choice among candidates, if there is one thing that the new administration does thisyear, perhaps it should be to reform the way eight hundred law students decide who is to be responsible for $40,000 of their money, and represent them when dealing with the Law School administration. We therefore propose the following reforms in the SBA's election process: 1) The SBA should set aside money for each candidate for the four highest positions (President, Vice-President, Treasurer, and Secretary) to put together position papers which would be distributed to each student's mailbox. A length of perhaps one to two pages would be sufficient. Allowing director candidates to do something similar should also be considered. 2) The presidential and vice-presidential debates should be held at a time when all law students have reasonable access to it. This was not the case at this year's debate which was held at 5:00 on a Wednesdy afternoon when most of us are far away looking for something to eat. 3) As indicated in an earlier editorial, we feel that it is to the students' loss that only one of this year's presidential candidates could serve in an elected capacity in the SBA. The elections should be restructured so thatthe elections for President, Vice-President, Treasurer and Secretary come before the elections for first-, second-, and third-year directors. This would enable the losers of the races for the four highest positions to run again for director positions and therefore remain active in the SBA in an official capacity. Even though Rob Sant has stated that he will continue to be heard from, we think it would have been better if he could be working as an SBA director, rather than just as a voice from the outside. We consider it essential that in the coming year the SBA Board of Directors take action to reform its election process, in some or all of the ways listed above. 2 Opinion October 9, 1984 the Diseases Cerebral palsy, which affects one's motor skills, is the result of brain damage usually occasioned at birth or prior to it. The degree of damage varies from person to person. For some, cp's effect is so negligible as to render it virtually imperceptible. In other instances, it results in an almost total inability to command body movement. Muscular dystrophy is a progressive, debilitating disease. Mus- cles literally waste away, beginning with the lower extremities and working up towards the diaphragm. Life expectancy is, in most cases, a scant 19 years. Of those at the Home this summer who are now confined to wheelchairs, all can remember a time when they could walk unas- sisted. Osfeogenesis imperfecta is caused by a shortage of bone calcium. Since calcium is needed for growth, oi people, as they are typically called, are usually extremely short. Some are under three feet in height. Additionally, the lack of calcium causes bones to be very brittle so that the slightest contact may yield fractures. Steel rods are often inserted in the body to give much needed support to affected bones. Juvenile rheumatoid arthritis is a product of fluid build-up in body joints. It is painful, progressive, debilitating and incurable. Spinabifida is a birth defect that usually results in total or partial paralysis from the waist down. Clubfoot can often be corrected or minimized through surgery. Its most prominent effect, therefore, is one that maybe reflected in a child's personality and outlook on life. Types of Activities The range of activities children indulge in at the Home parallels those at any other summer camp. Arts and crafts, music appreciation, plays, hikes, swim- ming and sports of all kinds constitutethe regular programming. Games are simply tailored to meet the limitations of each individual. In softball, for example, kids in wheelchairs push themselves both in the field and when at bat. If one cannot do so, a staff member or another camper will provide the needed assistance. The same applies to those children who utilize crutches or walkers. Campers with more ability do not mind such individualized and "special" treatment afforded their less able peers. In fact, they openly call for it, since the only alternative is to have someone sit out —something which no one wants and everyone discourages. Philosophy of Activities This does not mean that games are entered into with entirely carefree attitudes. To the contrary, within the aforementioned framework the kids are quite competitive. The only distinction to be made between rivalry here and at other camps is that Fresh Air Home children are a great deal more tolerant of their team- mates who don't perform well. The reason for this is apparent. Experiences and interactions with a larger, oftenindifferent society, have taught them that the only encouragement they can expect is that which they give to each other. While the types of activities bear comparison to those offered continued on page 4 Public Execution Apprised Highest honors, of course, by Eric Turkewitz A curious thing has happened in recent years to the execution, that most final and supreme sentence mankind, has created for our criminals. It seems that its imposition has succumbed to the pleas of humanitarians, and its format has been drastically altered. Recent executions have seen a rise in the use of the lethal injection as a means of carrying forward the sentence. State legislators continually search for quicker, more efficient and less painful ways of killing someone. go to the grisly, yet swift, de- capitation. Many of these executions were, and still are, done in public to drive the point home to local citizens that certain types of behavior will not be permitted. Reasons for Less Painful Executions So how did we end up with something as silly as a lethal injection administered in the basement of an isolated penitentiary? Humanitarians have for years spoken out against the death penalty as both an ineffective deterrent and one which corrupts the state's moral basis in the battle against the criminal element. Executions as a Deterrent They contend the state cannot As I always understood it, the teach anyone that killing is death penalty was always supwrong if the state itself kills ported by individuals who felt it someone. It is up to the state to useful for its deterrent effect. People would not be so quick to unleash their deadly fury on one another if they knew what gruesome penalty awaited their arrest and conviction. For centuries, governments of MONEY that's where it's at! the world have sought to create a dramatic means to impress As the new treasurer of the SBA, their populace of the seriousness I hope to be able to keep trackof of the crime, while speeding the where it's at and where it's going. criminal along his/her way to After all, it is our money. We will be selecting members meet their maker. Apparently, this is akin to returning a defec- for the various committees very soon. If anyone is interested in tive product. being on the Finance Committee, I urge you to sign up for an interTypes of Executions view once the schedule is posted. Hanging and the firing squad It's a great way to get involved have always been popular in the and learn more about the law United States. High on the list in school and its organization. the 20th century has also been will be scheduling a meeting electrocution. Governments with representatives from each have been known to draw and SBA-funded organization. At that quarter, stone, and drown its citi- time, we will review procedures zens to complete the act. and the necessary forms will be remove the dangerous person from society, not to play God. This moral view of execution, combined with allegations that the methods in use were cruel and unusual punishment, led to the diminution in dramatics of the state's ultimate weapon. The state now tries to dispose of human beings it deems unfit for society quickly and quietly in an attempt to quell the voices of dissent. So what happened to the intent behind instituting the sentence? Is the law designed to influence criminals or political activists? Making Executions Public If we are going to execute our baby killers, greedy killers, mass killers and other such distincontinued on ntige 5 Finance Committee Openings Announced — I distributed. Once the Finance Committee is formed, we will establish procedures for the presentation and funding of proposals. All information will be posted in the mail room on the third floor and the SBA office, Room 101, in O'Brian Hall. If there are any questions, please let me know. I'd also be happy to meet with any group or organization to discuss specific concerns. Thank you for electing me to this position. I'm looking forward to working with you. Gina Peca SBA Treasurer �Meanderings: Columnist Reflects on Buffalo Experiences 4) The Weather — Is it ever going to stop raining in this goddamned place? For those of you who have never been to Buffalo before, the answer is yes, it will stop raining next week when it begins to snow. Then when the snow stops (sometime in May) it will start raining again. You think that this would be pretty easy to forecast, but the weatherpeople always get it wrong anyway. Then they blame their mistakes on Lake Erie. We have lake-effect snow, lake-effect rain, and lakeeffect sunshine, none of which seems to be predictable. I really don't see how it can be so hard though. In the spring and summer it's going to rain or it's not going to rain. In the fall and winter it's going to snow or it's not going to snow. And in any event it's going to be cold. — by Andy H. Viets I have been back in the Queen City for six weeks now, certainly time enough to make some penetrating and insightful observations in my usually forgetful style as a serious journalist. 1) Dean Headrick's Resigna- tion —So, Dean Headrick is resigning next August. This, of course, opens up the question as to who will be his successor. Schlegel would be the "logical" choice, but since he already has a job, I would like to suggest a more needy candidate me. I don't have a job after graduation — (yet), and I think that I would make a pretty good dean. The first thing I would do is move the law school to the south coast of California, and rename it "SUNY/ Santa Barbara School of Law." Believe me, this place would fit right into California. — 2) SBA Elections I see that Richard "Tricky Dick" Gottlieb has been elected SBA President. Well, all I have to say about that is one big, fat, hairy deal. I mean, come on Rich, give us a break. You've already won Moot Court, now give someone else a chance. You realize, don't you, that the only thing that is going to result from this is that you're going to have to rewrite your resume again. — — 3) Parking Meters They don't really bother me a whole lot since I never get here early enough to park that close to the building anyway. Nevertheless, you would like to think that the powers that be would, just once in awhile, show that they care just a little bit and not pull stunts like this on us. — I have given 5) Note-Talung up taking notes in class. I have done this for several reasons. First, I never use them on finals. And second, I can't read my own handwriting. So, I just sit there and pretend that ham getting my moneys worth. If you do happen to see me writing something down in class, don't accuse me of telling falsehoods I am just — catching up on some letter writing, not taking notes. This is also a good way to fool a professor into thinking that you are feverishly writing down everything he or she is saying so that he or she won't call on you. Law Fraternity Inducts New Members; Schaeftler Speaks by Daniel Marren The University ofBuffalo chapter of Phi Alpha Delta Law Fraternity International (PAD) held a PAD. These people witnessed of Corporate Officers and Direcand participated in the sincere tors (Little Brown, 1976), as well and dignified ceremony which as several law review articles. His speech to the members bestowed on the initiates full truly captured the spirit and efrecord breaking initiation on fect of membership in PAD. He The Solemn Ceremony Monday, September 24, in the pointed out that since it is open Moot Court Room. For the first all law students regardless of ceremony unfolded the to As the time in the history of the Carlos sex, race, creed, or political beofficers explained to the initiates C. Alden Chapter, over 40 new liefs, many diverse points of view the ideals, history, and principles are represented. Debate and coninitiates were taken in. In fact, the PAD. They stressed the fast exact number was 41, bringing of versation should be lively among that with fraternalism as the key, the members as the skills necesthe total membership to 108. it was the duty of each member sary to becoming a competent to further the cause of Justice lawyer are honed. In addition, he New and Old Members and uphold the integrity of the took note of thediverse and lively The new members initiated profession. Each initiate was social activities which the Fraterare: Bradford Anderson, Miriam then presented with a pin and in- nity sponsors throughout the Bandes, Steven Baum, Margot dividually welcomed into the year. "Phi Alpha Delta improves Bennett, Lisa Bernhard, Julie Fraternity by the officers. the quality of life of the law stuBrett, George Brooks, Janet The dedication and commit- dent and makes law school enviCohen, Marcy Cohen, Bonnie ment of the Alumni of PAD was ronment a bit less serious; a little Daniher-Berger, Anne DiMatteo, seen in the speeches ofAssociate more joyful," said Schaeftler. Irene Fassler, George Faust, Tribune Tringali and District JusFollowing the cerempny, a Cindy Fenichel, Celia Garelick, tice Winter. Both are former and cheese reception was wine Golderman, Gregory Alden Chapter members who are William the Faculty Lounge where Jackson, Lawrence Krause, Paul very involved with the Fraternity held in alumni and current officers, the Bruce Kullman, John Lapiana, at the international and regional the new memLieber, Kenneth Marvald, James level. Their presence showed the PADs welcomed the Fraternity. During this bers to KathMeserve, Amy Panepinto, strong bonds offraternalism that reception. Donatelli Randy leen Peterangelo, David Piatt, is PAD's strength. As Brother (Alden Chapter Clerk) was prePyle, Pamela Barb Post, Martha Winter pointed out, "PAD is not the Frank E. Gray Rabinowitz, Debra Rosenband, the best legal fraternity because sented with outstanding PAD Award as the Rychlik, Rosenberg, David Robin it is the largest, but it is the clerk in the nation.The selectionof Jenhifer Sanders, Richard Saraf, largest because it is the best." who was to receive this distinVictor R. Siclari, Donna Smith, guished award was determined Karen Ton, Faculty Member Initiated Michael Smith, Brian by the International Board at the Urbano, Elisa Wareham, and As part of the night's cere45th Biennial Convention this Willie Wheaton. August. All the members of mony, Chapter past the Alden was In attendance at this special proud to take in Professor the Alden Chapter and its officers Aswere International occasion as a Faculty congratulate Randy on this acA. sociate Tribune Joseph A. Michael Schaeftler Schaeftler is complishment. We are all sure Member. Professor Ronald District Justice Tringali, Corporations presently teaching that his work will be just as specJ. Winter, Dean Thomas E. Headis the au- tacular this year as it has been in at U/B Law School and sevMember), Honorary rick (an eral distinguished alumni, and thor of The Liabilities of Office: the past. membership in the fraternity. current student members of Indemnifacation and Insurance — 6) Briefs I haven't briefed a case since October of 1982. It's a good way to save money on things like paper and pens. It also leaves me with time to do really important things, like watch "Hill Street Blues." 7) Hill Street Blues —Pretty good transition, huh? The good thing about "Hill Street" is that if you are taking Criminal Procedure you can forget about class and just watch the show instead. columns. I have been cranking them out, issue after issue, for a year now but have received only ONE letter (the author of which, believe it or not, had the nerve to attack me as some kind ofhalfcrazed egomaniac). Don't you people have anything to say out there, or am I going to have to start making libelous statements? Actually, the real reason I'm asking you to do this is that I am running out of ideas and thought I might make a column out of Better yet, if there's ever an open- your letters. It's either that or one ing for a criminal procedure proof these weeks you'll see this fessor here, I nominate Joyce space taken up by a new column: Davenport. — 8) The Library I see that they've done some remodeling — up on the fifth arid sixth floors. Thanks a lot it took me two — years to figure the place out and now they've gone and changed everything. By the time I find everything again, I'm going to be long gone (I hope). — widely read columnist. The fact of the matter is, though, that being The Opinion's sole features editor, I'm the one who lays out the third page of the paper. I would like to make one additional comment here I would like to see The Opinion receive more letters in response to my — — 10) 9) This Column As perhaps you have noticed, my "meanderings" this year have been consistently placed at the top of page three of the newspaper. I would like to think that this reflects my status as a highly respected and — "The Best of Meanderings." It's your choice, people and remember not to decide is to decide. May the force be with you (see? I'm already repeating myself)... Quotations — Despite what Ralph Waldo Emerson had to say in Letters and Social Aims, that "Quotation confesses inferiority," I have something of a tendency to end my columns with rarely-heard before quotations (there's a whole bunch of them in the back of my dictionary), I am more in agreement with what Isaac D'lsraeli wrote about quotations anyway: "The wisdom of the wise, and the experience of ages, may be preserved by quotations." Thus, I would like to close with the following, first uttered by F.J. Raymond: "Next to being shot at and missed, nothing is really quite as satisfying as an income tax refund." SBA Meeting The first SBA meeting will be held on Wednesday, October 10, 1984 at 6:00 p.m. in the First Floor Lounge. If you are unable to attend, please contact one of us. Rich 382 563 Tony Gina —720 Lisa 744 —— — The Agenda is as follows: 1) Introduction Committee (Interviewing for SBA and Faculty-Student Committees) 2) SBA Appointments 3) Meeting time 4) Office Hours Criminal Law Sections Try Rape Suspect The trial dates have been set for defendent Edward Rusk, indicted on a rape charge. On Wednesday, October 17th, Team I of Section One's Criminal Law class will try the case. Team II will try the case on Thursday, October 18th. Both trials will be held in the Moot Court Room at 7:00 PM. The Honorable Charles Ewing will be presiding. All are invited to attend. Last year's trial was a great success (especially for Rusk) and this year we anticipate a trial even CNN wouldn't pass up. Refreshments will be served after the jury reaches a verdict. October 9,1984 Opinion 3 �T.V. Series on Constitution Features Prominent Figures by Robert C. Lehrman For the next eleven weeks an all-star lineup will be struggling with the same issues you will be struggling with. It might be reassuring to see that some of our most accomplished public officialsalso have trouble grappling with difficult constitutional issues, and then, it might be frightening to see how loose their grip on these concepts can be. The struggle takes place on "The Constitution: That Delicate Balance," every Tuesday until December 11. It will be aired at 10:00 p.m. on the Public Broadcasting Service, which is channel 17 in the Buffalo area. The series was produced by the Media and Society Seminars of the Columbia University School of Journalism, in cooperation with WNET and WTTW, and is funded with $150 million provided over a 15-year period by the Annenberg/ CPB Project. Fred W. Friendly, former president of CBS News, professor at Columbia Graduate School of Journalism, and lecturer at Columbia Law School, originated the series format which he describes as "one part Socrates and one part Phil Donahue." The series was taped in October of 1983 at Congress Hall, site of the signing of the Constitution, in Independence National Park, Philadelphia. Each showhas an eminent law professor as moderator; several dozen judges, journalists, politicians, and professors as participants; and a thorny constitutional issue as the problem. Retired Supreme Court Justice Potter Stewart and Fred Friendly provide the commentary. On September 25, Dean Benno C. Schmidt, Jr., of Columbia Law School moderated. Former U.S. President Gerald R. Ford played president, former Secretary of State Edmund S. Muskie played secretary of state, and assorted others were on hand to play parts they know well. The issue was the War Powers Act. The program explored the constitutional tensions which arise between the branches of government when the country engages in hostilities just short of war. Potter Stewart said such tensions are inevitable because "the constitution was written at a time of sailing ships and gun-powder." For an hour the participants mulled over the question, which Watergate Special Prosecutor Archibald Cox finally defined as, "What are the president's pow- ers as commander-in-chief?" The liberals on the show sought to limit the president's powers while the conservatives sought to limit Congress's powers. Alan D. Freeman, professor of Constitutional Law at U/B, criticized the show because it never moved beyond a simple definition of the conflict between Articles I and II of the U.S. Constitution. He said it was silly to talk about the hypothetical El Dorado and Sierra Madre when it would have been more instructive to talk about the War Powers Act in the context of El Salvador and Nicaragua. After the participants had reached a stalemate, it was suggested that the courts should decide whether the executive or legislative branch had the power to "make" the war. Philip Buchen, former counsel to President Ford, felt intervention by the courts into this dispute would be an unconstitutional arrogation of power. Buchen said if the Supreme Court told the president to pull out the troops, he would tell the president to ignore the order. At that point, most of the participants gasped in horror. Then, to comfort us all, Gerald Ford said he would decline his counsel's advice, and with deep reservations, comply with the court order. The judges present agreed that it was unlikely the court Fred W. Friendly (left), andretired U.S. Supreme Court Justice Potter Stewart, offer analysis on The Constitution: That Delicate Balance, a 13-part series premiering September 18, at 10:00 p.m. (ET), over the Public Broadcasting Photos by Gerard Murrell Service (PBS). (Check local listings.) would become involved in such a conflict. Potter Stewart said it was a non-justiciable dispute, a place for political accommoda- Court of Appeals; Lemar Alexander, Governor, Tennessee; John Anderson, Former U.S. Representative; Bruce Babitt, Governor, Arizona; Jeanne Baker, tion. Professor Schmidt moderated Massachusetts Civil Liberties programs 1, 2, 8, and 11. Charles Union; Laurence Barrett, Time R. Nesson, professor and asMagazine; Griffin Bell, Former sociate dean at Harvard Law U.S. Attorney General; John School, moderated programs 4, Brademas, Former U.S. Repre5, and 6. Richard R. Miller, professentative; David Broder, The sor at Harvard Law School, modWashington Post; Joseph erated programs 3, 9, and 10. Califano, Former Secretary, Programs 7 and 12 were moderHealth, Education and Welfare; ated by Tyrone Brown, former David Carliner, American Bar Ascommissioner of the Federal sociation; Norman Carlson, Communications Commission. Director, Federal Bureau of Prisons; Hodding Carter, Former Lewis B. Kaden, professor at Columbia Law School, moderated Assistant Secretary of State; Archibald Cox, Watergate Specprogram 13. Following are the names of the ial Prosecutor; Lloyd Cutler, participants in the series "The Former Counsel to President CarConstitution: That Delicate Bal- ter; Lyle Denniston, The Baltimore Sun; Christopher Dodd, ance." Arthur Alarcon, Judge, U.S. U.S. Senator; Phil Donahue, TV Home Provides Unique Experience for Handicapped continued from page 2 at other camps, the manner in which children come to participate in them is novel. Three or four times each day campers can partake in games of their own choosing. Activities are never forced upon them and their re- spective groups. It is the campers who give definition to the Home, not the reverse. Furthermore, the notion that campers can select their activities supposes a freedom to remain bystanders and not get involved at all. Drawbacks to Child's Development This philosophical approach to programming makes sense in view of the lives these children lead during time spent in hospitals and at home. Most have never had an opportunity, or have been forced, to make a decision affecting themselves. In hospitals, doctors, social workers and parents typically discuss issues important to the children without ever consulting them even when they are old enough to understand and appreciate the substance of suchconversations. This has the effect of reducing them to "object" status. At home, they never learn to make the most of what abilities they do possess, owing to a guilt complex held by their parents. Simply stated, many parents blame themselves for their child's infirmity, whether or not this breast-beating has any possible basis in fact. To atone for their self-imposed "error," they work 10 times as hard at trying to make their children happy than do parents of so-called "normal" kids. Yet, anxious to give — them the world, these parents ac-. tually deprive their children of it. Instead of teaching independence, parental actions foster — child dependency on others a role physically handicapped kids are all too willing to accept. They 4 Opinion October 9, ,1984 learn to feel sorry for themselves back to a typically rerstrictive and consider themselves helphome environment where they less. The sad result is that many once again assume the role of of them do not realize a potential "cripple." to lead fully or semi-autonomous lives. "Life is forced upon them and the choice is simple: accept it or reject it." How the Home Helps At the Fresh Air Home, children suddenly find themselves in a different setting. No one tells them what to do, nor does the staff do for the kids that which they are capable of doing for themselves. Campers cannot find happiness by living vicariously through others. Life is forced upon them and the choice is simple: accept it or reject it. This holds true even for those who need physical exertion to maintain reasonably good health. For example, it is imperative that people with arthritis exercise regularly so as to slow effects of their illness. Now such a camper who wishes to sit out one, two, or three times, will not attract any attention, since at one time or another all of us prefer to be lazy. The fourth time, however, a staff member may say, be in a wheel"Fine, don't play chair by the time you are — twenty." This may sound cruel but the message is clear. No one can live your life for you. If you want to stew or brood about your condition, then so be it. If you want to live instead of existing, the decision is yours. If you don't do something to help yourself, don't expect anyone else to do anything for you, either. Most respond positively to this scheme. It is unfortunate that once summer ends they head Incentives for Improvement Other means for encouraging campers to assume responsibility are employed. The administration creates paying jobs to be filled by the campers themselves. Kitchen and dining room work, menu planning, gardening, collecting and parcelling mail are just a few examples. From Sunday through Friday, each of the four dorms prepares for daily inspection culminating in the selection of one winner whose members earn the-luxury of a Saturday breakfast-in-bed, continued on pane 10 served by staff from the other cism and ridicule frequently adcompeting dorms. Older campministered by "normal" peers; ers learn to increase feelings of how to deal with manifestations self-worth by attending to physical and emotional needs of younger ones. Many older boys and girls are invited back as fullfledged staff. Relating to Society Lest they forget that at summer's end they must once again deal with an indifferent and often hostile society, the kids hold discussion groups on a regular basis to exchange problems and pose potential solutions. Topics include how to react when an ignoramus treats you as mentally retarded because you are physi- cally handicapped; how to cope with significant levels of ostra- of "parental guilt syndrome;" and how to combat patronage. For people who have never interacted with this population, the' Fresh Air Home provides an excellent opportunity to glean knowledge of what it is like to be physically handicapped. For those who proclaim themselves well-versed in this matter, exposure to life at the Home provides impetus for a reexamination of traditionally accepted methods of dealing with those who have uncommon physical limitations. In either case, it is an eye-opening, learning experience in which the staff says "thank you" to the children and not the other way around, come summer's end. LANALSA Assails Remarks Delivered by INS Recruiter by Walter Ramos In a letter recently sent to Benedict J. Ferraro, Esq., director of the Immigration and Naturalization Services (INS) Buffalo Division, the Latin, Asian, and Native American Law Student's Association (LANALSA), forcefully criticized and condemned "racist" remarks made by INS representative James Grable during his September 10 recruitment visit to the Law School. The remarks were made to students during the morning and afternoon workshops sponsored by the Career Development Office (CDO) to introduce legal career opportunities with the INS, a branch of the U.S. Department of Justice. During Grable's discussion of resettlement options offered by the INS, he contrasted the Arizona offices—a coveted assignment with the San Diego branch which he called an undesirable location because "it has been overrun by Hispanics." Later that afternoon during a second meeting with students, Alberto Benitez, President of LANALSA was introduced to Grable by Audrey Koscelniak, coordinator of CDO, as a student interested in immigration law and a desirable candidate. According to Benitez, "the first words out of his mouth were, 'Are you a permanent resident?' to which I replied, 'No, I'm a U.S. citizen." When advised of Grable's reference to Hispanics by a student who was present at the morning session, Benitez convened a meeting of the LANALSA Executive Board which drafted the letter assailing Grable's "insensitive and racist remarks." The students were joined in expressing their indignation by Alan Carrel, Director of CDO, who characterized Grable's remarks as "unjustified under any cir- cumstances." Later that week, Grable sent a formal letter of apology to LANALSA in which he stated that he only meant to advise students that they might be uncomfortable in a city (San Diego) where English was not thepredominant language. Members of LANALSA deemedthe letter of apology unacceptable and charged that it merely compounded the initial insult. Advised of Grable's remarks and equally insulting letter of apology, U/B Law School Dean Thomas E. Headrick sent a letter to Ferraro in which he stated that "Though we cannot still the voices of discrimination in this society, we certainly do not need to provide them with a forum." With that letter he advised Ferraro thathe was asking all student and faculty organizations to refrain from reinviting Grable to speak at the Law School. �Courts and by Randy Donatelli Commenting on the American polity in 1835, Tocqueville wrote "I hold it to be an impious and detestable maxim, that, politically speaking, the people have a right to do anything; and yet I have asserted that all au- thority originates in the will of the majority. Am I, then, in contradiction with myself?" This expres- sion of a fundamental dilemma characteristic of democracy originated from the pen of a Frenchman born with title of no- bility. Tocqueville was deeply impressed by the character of American society; he admired the resourcefulness and pragmatism of its people and institutions. However, he feared that property interests and individual liberties would always be in jeopardy due to the principle of majority rule. Tyranny of the majority, according to Tocqueville, was the greatest potential threat to America. He stated, "In my opinion, the main evil of the Elitists PoseThreat to Democracy It is not surprising that the aristocratic Tocqueville was wary of leveling impulses held by the masses. Today such arguments are chastised for being elitist when used to defend private property interests. If Tocqueville's elitism is so easily scorned, why do those who advocate and perpetuate elitism in America today escape similar scrutiny? The answer lies not with the evil of elitism per se, but with the ends it seeks to achieve. There are two methods whereby majoritarian rule can be checked. The first solution might be offered by an aristocrat who would propose a less than universal suffrage. The second method callsfor retaining universal suffrage while withdrawing subject matter from the consideration of the elected legislative bodies: The assault on democratic process originates from those who advocate transferring dominion over issues of public concern from the legislatures to the courts and bureaucracies. This present democratic institutions approach is not only undemoof the United States does not cratic, it is elitist. The proponent arise from their weakness, but of this elitism defends his posifrom their irresistible strength. I tion with slogans, like "an attack against tyranny." failed." It is my position that, regardthen expected to believe such imous trend. Those who support less of the ends sought to be portant matters should only be this trend fear Federal Courts attained, the movement away entrusted to the judiciary. may begin to behave like courts from democratic institutions by Those who prefer the courts to ought to behave, if the "wrong" today's elitists should not be tolthe legislature in deciding the Presidents are elected. erated. No longer should the viggreat issues of public concern are What the Judicial Branch, parilance of the American electorate nothing more than elitists. These ticularly the Supreme Court, has be subjugated by those who depeople would have us believe done over the last four decades sire to save society from itself. that if the Bill of Rights were subshould not be taken for granted. The concept of bare majority ject to a popular referendum, it An electorate sufficiently aware rule is actually somewhat miswould lose. Contempt for the inof the proper functioning of our leading. The framers of the Contelligence and sensibilities of the federal system has the ability to stitution sought to check majorelectorate is a prime characterelect a Congress bold enough to ity rule through the Electoral istic of such elitism. make sure Federal Courts no College, the Senate and the PresThe retreat from democracy longer serve as agents of the idential Veto. In addition, the must be recognized as a dangerelitist elements among us. principle of Federalism serves as a bulwark against potential tyranny of national majority factions. The tendency towards formulating and propogating public policy in the Federal Courts results in the imposition of uniformity on a nation that is, in fact, quite diverse. Issues concerning substantative social, political and economic policy, properly belong to the legislature. Removal of subject matter from the legislature is often cleverly defended by placing certain am not so much alarmed at the on the Supreme Court is an atexcessive liberty which reigns in tack on the Constitution" and that country, as at the inadequate "the court has no choice but to securities which one finds there act when the legislature has labels on controversial issues. For example, in labelling affirmative action as a question of "social justice", the intent is to insulate an otherwise debatable issue from public consideration. After all, who could possibly be opposed to social justice? We are National Laywers Guild to Hold Conference on Labor by Susan Hellerman The National Lawyer's Guild and the Buffalo Area Metropolitan Ministries are sponsoring a conference on "Jobs and Economic Revitalization in Western New York" on October 12 and 13 at Mt. St. Joseph Academy. The conference will focus on contemporary issues in labor relations and issues of particular importance to Western New York. Issues such as plant closings, concession Jobs and Economic Revitalization Saturday, October 13, 1984 MT. ST. JOSEPH ACADEMY 2064 MAIN STREET, BUFFALO, NEW YORK (Just South of the Scajaquada) 8:30 a.m. Registration and Coffee 9:00 a.m. Welcome and Orientation 9:15 a.m. Opening Address by Dr. David Perry, SUNYAB Environmental Design and Planning 10:00a.m. MORNINGWORKSHOPS 1. The Crisis in Collective Bargaining Lou Dedek, V.P., lUE District #3 Dick Lipsitz, Buffalo Labor Attorney John Haley, International Rep., UAW Region 9 Jane Slaughter, editor, Labor Notes 2. Legislative Response to Plant Closings Rich Weinstein, N.Y.S. AFL-CIO Frank Barbara, N.Y.S. Assembly EugeneFahey, formerBuffalo Councilman Lillian Roberts, Commissioner, Dept. of Labor 3. The Face of Poverty David Echols, Buffalo Commissioner of Human Relations Arthur Eve, DeputySpeaker, N.Y.S. Assembly Paulette Hammond, President, NOW Mike Ricci, AFL-CIO Dept. ofLabor Liaison Rev. Herbert V.Reid, Chairman, Coalition of CoriscienceofW.N.Y. bargaining, unemployment, alternative ownership, and legislative responses to plant closings will be the topics for discussion in the series of workshops scheduled for Saturday. For a schedule of the workshops, consult the accompanying agenda. On Friday, October 12, Jane Slaughter, writer for the Detroit based labor newspaper Labor Notes, will speak on concession bargaining. Ms. Slaughter will speak on Friday at 2:00 p.m. in the Law School Faculty Lounge, Room 545, O'Brian Hall. Thefull day conference scheduled for Saturday includes such speakers as Randy Barber, coauthor of "The North Will Rise Again," a book on the use of pensions as a potential source of union power; Assemblyman Frank Barbero; Arthur Eve, Deputy Speaker of the New York State Assembly; Dr. David Perry and Ron Meltzer of SUNY Buffalo; and Lillian Roberts, Commissioner of the Department of Labor. Local union leaders Lou Dudek of the lUE, Michael Kaney of the Boilermakers and John Haley of the UAW will also participate, along with other union and community leaders. There will be no charge for the conference; everyone is wel- come to attend. For information, call 883-7717. 12:00 p.m. Lunch 1:15p.m. AFTERNOONWORKSHOPS 1. Capital Flight Eugene Casraiff, UAWNational LegislativeRep. Bill Goldsmith, Cornell School of Industrial and Labor Relations Ron Meltzer, SUNY at Buffalo Political Science 2. Alternative Investment Strategies Randy Barber, People's Business Commission Lee Smith, Deputy Commissioner, N.Y.S. Dept. of Labor Michael Kaney, Boilermakers, Local 7 Ron Seeber, Cornell School of Industrial and Labor Relations Representative from Weirton in West Virginia 315p.m. AFTERNOON PLENNARY: NATIONALINDUSTRIAL POLICY Lou Jean Fleron, Cornell School of Industrial and Labor Relations Jeff Faux, National Center forEconomic Alternatives Randy Barber, People's Business Commission 4:15p.m. Concluding Remarks Entering Class Averages Lower continued from puge I Binghamton, Brandeis, the Unial number should fall even of Rochester, Notre versity further when this year's class is Dame, and Fredonia State Colcounted. lege. Still, while overall numbers of While the student body's unstudents continue to decline, the dergraduate roots are diverse, proportion of minorities and their home backgrounds are less women in the nation's includso. Crosby notes that 58 percent law schools are rising of this year's entering class coning. Crosby pointed out that of sider themselves Western New the 275 first years, 129 are York residents, while. 103 are women and 27 come from minor- from other New York State locaity groups, the percentage being tions and 12 are from out-of"more than we have had in the state. Crosby expects the dozen past." UB Law School's male out-of-state students to disapfemale ratio of 1.13 to 1 is one of pear by the time their second year the U.S.'s best, according to figbegins, not from academic attriEduures published by Barron's tion, but more from an economic cational Services. stimulus. "Most out-of-state stuAlthough figures for this year dents try to become residents as are still incomplete, Crosby bequickly as possible," she said. lieves that ÜB's undergraduate "The tuition is much less expendivision will again lead all sive that way." schools in number of Law stuCrosby said the Law School addents enrolled, with Buffalo State missions office is currently unCollege leading the SUNY Coldergoing a study on the current lege system and Cornell and class's age range. "The ages of Canisius at the top of the private our students has always been university list. "We have historivaried," she explained. "Applically received," Crosby emcants are not exclusively in the — , phasized, "many good applicants from Cornell." Other schools traditionally making a large contribution to the Law School's student body include early to mid-twent]ies range." The most notable/prospective student age-wise, Crosby noted, was a 72 year old, who was, how- ever, not accepted. Public Execution continued from 2 guished individuals, we should do it right or not do it at all. First and foremost, the execution must obviously be public, regardless of the means chosen to carry it out. What better way is there to show you mean busi- ness? style of killing is no more cruel than any other, as it kills as as quickly and painlessly methods now in use. One swift chop and the job is done. If this thought makes the citizenry squeamish and queasy, well, isn't that the idea? As for being unusual, decapitations have been used by executioners for centuries. Once again, those in favor of capital punishment and those who oppose it will love Those that believe in execution for its deterrent effect would get the widest possible exposure for their audience. Let the potential criminals see for themselves the the effect it has on their respecpunishment that awaits them. tive target audiences. For those that believe that the Making Executions Beneficial death penalty is a barbaric anachto Society ronism, nothing could be better the state can take life, if Lastly, their sense of to help promote outrage that such a punishment so too, can it give. Let us not perexists in a modern society. What mit that body sit in some basket on a stage for people to gawk at. better way to jar the collective conscience of a society then to The heart, kidneys and liver can now give new life to people in televise the spectacle of such inhumanity? Both the political left desperate medical straits. There are many quarts of blood in a and right (of which so many need to categorize each other as) human being, as well as eyes and would easily agree that there is arteries that can rejuvenate no better time than prime time otherwise incapacitated individuals. Just think about how many to mete out the sentence. lives can be saved from just one Making Executions Graphic body. Just don't tell the recipient where you got the parts from. Secondly, this business about If the state is going to step in got go. has to quiet executions as God, shouldn't they do it right? Bring back the guillotine! This Avenue -I £39 < : ■ Si3S-SS*3~7' — ~"—■■■■■» October 9, 1984 Opinion 5 �Alfred E. Neuman: Third Party Candidate Editor's Note: The following political commentary was submittedby Robert W. Taylor of Bill Reed & Associates, Inc. , mistake. The people don't need money, the government does. The people will just blow it on things like food and clothing." Paulsen reminded the audiCLEARWATER, Fla, May 7 that solutions are not the ence Alfred E. Neuman today ananswer. Commenting on panounced his candidacy for the triotism, he said, "you hear a lot MAD Party nomination for presiof unpatriotic talk that America dent of the United States. He was has lost its edge in mediocimmediately challenged to a derity bull feathers." bate by Pat Paulsen, perennial candidate for president, who On sex education he summed — attended the press conference. Calling for less campaign rhetoric as one answer to air pollution, Neuman vowed not to promise a thing. He claims he made all the promises in 1980 that his opponents are making now. "Do you realize the country is on the brink of ruin?" he asked. "Elect me and I'll finish the job. Amid all the uncertainty, I offer a clear voice of indecision." Neuman will conduct a nation- wide write-in campaign with the slogan, "You could do a lot worse, and you always have!" He stated, "I don't have any new ideas ... I just recycle the old ones." "If elected, I will pattern my administration after that of the man I consider the greatest president we ever had, William Henry Harrison. He served only 31 days." Neuman declared his opposition to urban blight by demanding that each political candidate be responsible for removing all his campaign posters after the election. During the ensuing debate between the two candidates, Paulsen, as standard bearer for the Straight Talking American Government (STAG) Party, outlined his position on a number of important issues: Regarding proposed tax cuts, he stated, "Cutting taxes is a big .. up his feelings by declaring, "I am opposed to sex education in schools. Let kids today learn it where we did in the gutters." If elected, Paulsen said he would not permit an open door policy for the press. "I don't go barging into newspaper offices to find out what's going on. If the press is so anxious to know, let them read the papers like everyone else." Paulsen admitted that he is a controversial political figure. Not just another pretty face, he stated that he's revered for his wisdom, his insight and his physical condition. He took credit for increasing the awareness of physical fitness: He said he not only climbed the highest mountain in Kansas, but also ran the Boston Marathon in a mere 71 hours and 35 minutes, being edged out by the winner by a narrow 69 hours. "I want to reach the people," Paulsen proclaimed. "I want to hear theirinner thoughts, soothe their wounded pride. But most of all I'd like to make a buck; why should I be different from any- — body else?" In spite of his past political de- feats, Paulsen has once more tossed his hat in the ring because, he said, "I think I'd look nice on a dime." During the debate, Neuman clarified his position on various key issues: Alfred E. Neuman, assisted by campaign worker Susanne Matthews, announces his candidacy for president of the United States. Neuman will conduct a nationwide write-in campaign with the slogan, "You could do a lot worse, and you always have." The peacetime draft. "I will raise the draft age to 65 and remove the exemption for legislators. If they know they have to serve, they won't be so quick to go to war." rights. "Every Women's woman should be given the same treatment as every man. And every man should have the right to say he has a headache." The deficit. "I never worry about trivials." Foreign affairs. "I don't care what my opponents say, there's no truth to the rumor that I've been dating Koo Stark." The Republican Party. "The Republican Party has a program to solve all the problems of 1926, in case that year e»'°r comes back." The Democratic Party. "The Democratic Party offers hundreds of programs to. benefit those who are willing to vote, but not willing to work." The energy crisis. "Every time OPEC raises the price of oil, we should raise the price of Coke and Pepsi overseas." Urging the American people to "vote mad" and support the Write-in Neuman (W.1.N.) ticket, Alfred declared, "Sure I'm dumb, but tell me something smart that the others have done!" Neuman for President T-shirts, bumper stickers and write-in ballots are available. For information write to: Alfred For President, 2080 A Calumet Street, Clearwater, FL 33575. . . . by Victor J. D'Angelo Poetry Corner Army Jag by Victor J. D'Angelo Gotta get a hair cut, gonna look real sharp, Cause I'm interviewing with the Army. Lt. Vie will bark the commands, "OK you reds, put up your hands!" Life in the army at $24K, Who knows, If I like it, I just might stay. An M-16 for me to keep, Send Ma a picture of me in a jeep. Ronald Reagan as my Commander-inChief, When he comes to visit, we'll share a plate of toast and chipped beef. they say war is hell, But the JAG Corp sounds swell, where do I sign. Opinion 6 October 9, 1984 Studying What am I doing here, when I could be home drinking a beer, and watching the A-Team. I didn't get Springsteen tickets and the library's real hot, Think I'll go out with Katz and Pleskow, and drink a whole lot. Some girl with red lipstick keeps giving me the eye, She's staring at me, somebody tell me why. (must be my Springsteen 78 tour T-Shirt) �Vedge's Law Vedge's Law . . . by Cliff Falk by Cliff Falk October 9,1984 Opinion 7 �. . .. ty Cliff Falk Vedge's Law PAD Welcomes Its 41 New Members Bradford Anderson Anne DiMatteo Bruce Lieber David Rychlik Miriam Bandes Irene Fassler Kenneth Marvald Jennifer Sanders Steven Baum George Faust James Meserve Richard Saraf Margot Bennett Cindy Fenichel AmyPanepinto Victor R. Siclari Lisa Bernhard Celia Garelick Kathleen Peterangelo Donna Smith Julie Brett William Golderman David Piatt Michael Smith George Brooks Gregory Jackson Martha Post Brian Ton Janet Cohen Lawrence Krause Pamela Pyle Karen Urbano Marcy Cohen PaulKullman Barbßabinowitz ElisaWareham Bonnie Daniher-Berger John Lapiana Debraßosenband Willie Wheaton Robin Rosenberg BE A PART OF YOUR NEWSPAPER Submit Articles, Commentaries and Letters To The Opinion in Room 724 Or To Mailbox 342, 754, 529 or 349. 8 Opinion October 9, 1984 �Public Interest Law Career Advisor Assists Students Who Seek Non-Traditional Legal Jobs by Jeff H. Stern It's no secret that a majority of law students covet high-paying jobs with private firms and large corporations. But many others prefer public interest work, which they view as more socially just and honorable. Students in the latter category may in thefuture find it easier to get jobs, thanks to Lionel Rigler. Rigler, a second year law student, was recently selected from a group of applicants to fill the newly-created position of Public Interest CareerAdvisor. Working under the auspices of the Career decided that there was a need to help students find jobs in the public interest and in government areas." Previously, the Career De- velopment Office had come under criticism for not devoting sufficient attention to these fields. Types of Public Interest Jobs Rigler says that public interest jobs fall within three broad categories. First, there are the social action organizations, which reasoning and clear writing are recognized as valuable. "People decide during the course of going to law school thatlaw may not be for them, and maybe they have invested too much to drop out after their second year," Rigler notes. These students are looking to pursue other areas in which their legal education and law degree can be advantageous. "The field is potentially tremendous," Rigler says. include the ACLU, NYPIRG, Future Plans NAACP, Legal Services, as well Rigler has a variety of ambias other non-profit groups dedicated to vindicating the legal tious strategies mapped out to rights of minorities, women and help law students locate these various public interest jobs. One the poor. update and expand the Second, "public interest in- is to related fields. Development Office's Career cludes all different types of government jobs, federal, state and public interest and government library. Qualified for the Job is to conduct local.. That could be working seminarsAnother on how to get these From all appearances Rigler is in the corporation's counsel ofjobs, and to invite alumni and well suited for the job. He brings fice; it could be working in the local lawyers currently working to it an extensive public interest District Attorney's office; or it background in labor relations. could be working for a state in public interest areas to come to the law school and speak on Prior to attending law school he agency like the Department of the subject. Rigler also hopes to spent seven years working as an Human Services or Labor, or for maintain a rapport with, local organizer for various labor a whole variety offederal governpublic interest employers and to unions as well as a fieldexaminer ment agencies." to interview Finally, there are jobs in what encourage them for the National Labor Relations here more frequently. calls "non-traditional, lawBoard. Moreover, Rigler speaks Rigler Rigler plans to meet periodiabout his new job with an en- related areas." These jobs can be cally with faculty, alumni and stuthusiasm and eagerness which in public relations, interest group dents with summer public interlobbying, school administration befit the position. est experience "to find out what "There are quite a few people or virtually any other area in contacts they have and to filter who are interested in public in- which a student may be in- that to the students." He also terest work," says Rigler. "This terested. These are not jobs as strongly encourages interested position was created over the actual lawyers but ones where students to participate in the course of la.st year when it was the lawyering skills of analysis, Development Office, Rigler's 20 hour-per-week job is to help law students seek out employment in public interest areas, government and "non-traditional" law- . Public Interest Forum which will be held at New York University in early February. "For the first time we will be a full participant (of the Forum), which means that we will be able to have students interview with the public interest employers that go there." .. Rigler emphasizes that students should not panic if they have not yet seen public interest jobs posted on the CDO bulletin board. "Most public interest hirthose ing is done in the spring people, when they do interview, will be coming here in the spring, and sometimes the hiring does not happen until April or May." Students with any questions or suggestions whatsoever concerning public interest employment should definitely go speak with the very approachable Rigler in his office in Rm. 627. "I really want to encourage students to come in and tell me what areas they're interested in and what I should be looking for If there are employers that they're aware of that might be interested in interviewing at the school, or if there are people that they want .. to interview with that we haven't approached, I want them to come to me," Rigler enthusiastically urges. The Opinion's publication schedule for the Fall Semester of 1984-85 is as follows: Copy Deadline Late Copy Deadline Date of ** Publication Tuesday Thursday 8:30p.m. October 16 12:00noon October 18 Tuesday October 23 Tuesday Wednesday Saturday Wednesday (humor) October3o 8:30p.m. October3l 12:00noon 25:6 Monday Tuesday Issue 25:5 ONION Monday October 15 Novembers 8:30 p.m. 25:7 Monday November26 8:30p.m. * Layout 7:00p.m. 12:00noon Thursday November 6 NovemberB 7:00 p.m. 12:00 noon Tuesday Thursday November27 November29 12:00noon 7 November 3 November ay Tues^ November Id lo nl^hL^/i uecemoer^ 7:00p.m. * Late copy accepted only upon prior notice. ** Layouts will take place in The Opinion office, Room 724 O'Brian Hall. October 9, 1984 Opinion 9 �Constitution Airs on PBS J V. continued from page 4 Pincham, Judge, Cook County Circuit Court; and Jody Powell, Host; W.J. Estelle, Former DirecPress Secretary to President Cartor, Texas Department of Correcter. tions; Gerald R. Ford, Former Other participants include President; Frank, Barney U.S. Charles Rangel, U.S. RepresentaMax Representative; U.S. tive; William Raspberry, The Frankel, New York Times; WillWashington Post; Dan Rather, ard Gaylin, M.D., Hastings CBS News; Diane Ravitch, ProCenter; David Garth, Political fessor, Columbia University; Consultant; Michael Gartner, William Reynolds, Assistant AtDcs Moines Register & Tribune; torney General, Civil Rights; Rudolph Giuliani, Former U.S. Frank Rizzo, Former Mayor, Associate Attorney General; Philadelphia; Roger Rosenblatt, Ellen Goodman, Boston Globe; Time Magazine; Jack Rosenthal, Fred Graham, CBS News; and New York Times; Loren Roth, Meg Greenfield, The Washington M.D., University of Pittsburgh; Post. Van Gordon Sauter, CBS News; Also participating are Edward James Schlesinger, Formerly DiHammock, ChairrnaVt; New York rector, C.1.A., Secretary of DeBoard of Parole; State Orrin fense; Brent Scowcroft, Lt. GenHatch, U.S. Senator; Milton eral; Albert Shanker, United FedHeifetz, M.D., Cedars-Sinai Mederation of Teachers; Alan ical Center; Antonia Hernandez, Simpson, Senator; Howard U.S. Mexican American Legal DeSimons, The Washington Post; fense Fund; Theodore Hesburgh, Gloria Steinem, Ms. Magazine; President, University of Notre Thomas Stoddard, New York Dame; James Hoge, New York Civil Liberties Union; Alan Stone, Daily News; Shirley Hufstedler, M.D., Professor of Law and PsyFormer Secretary of Education; James Harvard; chiatry, Brit Hume, ABC News; Henry Thompson, Governor, Illinois; Hyde, U.S. Representative; Richard Thornburgh, Governor, Bobby R. Inman, Former Deputy Pennsylvania; Edwin Torres, Director, C.1.A.; Jacquelyne New York State Supreme Court Jackson, Professor, Duke UniverJustice; Jack Valenti, Former sity Medical Center; Nancy Special Assistant to President Kassebaum, U.S. Senator; Irving Johnson; Patricia Wald, U.S. Kaufman, Judge, U.S. Court of Court of Appeals; Bryan Walsh, Appeals; Laura Kiernan, The Catholic Charities Archdiocese of Washington Post; Joan DempMiami; Benjamin Ward, Police sey Klein, Presiding Justice; Commissioner, New York City; California Court of Appeals; EdBen J. Wattenberg, American EnYork ward Koch, Mayor, New terprise Institute; Glenn Watts, City; Irving Kristol, Editor, The Communications Workers of Public Interest; Steve Kroft, CBS America; William Webster, DiNews; Jim Lehrer, The MacNeilrector, Federal Bureau of InvestiLehrer News Hour; Ann Lewis, gation; and Tom Wicker, New Political Director, Democratic York Times. National Committee; Anthony Following are the titles and Lewis, New York Times; John Lindsay, Former U.S. Represenprobable dates of each program tative; Richard Lugar, U.S. Senain the series, "The Constitution: tor; Carol Mansmann, Judge, That Delicate Balance." U.S. District Court, PennsylOctober 9, Criminal Justice Guillermo vania; Martinez, and a Defendant's Right to a Fair Miami Herald; Scott Matheson, Trial; October 16, Crime and InGovernor, Utah; Frank McGarr, sanity; October 23, Crime and Chief Judge, U.S. District Court, Punishments; October 30, CamIllinois; Mario Merola, Bronx paign Spending: Money and Media; November 6, National County District Attorney; BarSecurity and Freedom of the bara Mikulski, U.S. Representative; Abner Mikva, Judge, U.S. Press; November 13, School Court of Appeals; Bill Moyers, Prayer, Gun Control, and the CBS News; Daniel Moynihan, Right to Assemble; November U.S. Senator; Edmund S. 20, The Sovereign Self: Right to Muskie, Former Secretary of Live, Right to Die; November 27, State; Jack Nelson, Los Angeles Immigration Reform; December Times; Eleanor Norton, Equal 4, Affirmative Action Verses Reverse Discrimination; and DeEmployment Opportunity Commission; Dallin Oaks, Utah cember 11, Federalism: The Supreme Court Justice; Eugene National Government Verses the PASS WITH PIEPER The Pieper seminar is now the hot" bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 EARLY REGISTRATION DISCOUNT UNTIL DEC. 1, 1984 See Your Pieper Rep: Richard Eric Gottlieb Richard Schaus Joseph D.Coleman Penny Rubin Deborah H.Williams S r LAW ALUMNI ASSOCIATION STATE UNIVERSITY OF NEW YORK AT BUFFALO YOU ARE CORDIALLY INVITED TO ATTEND A gathering of Alumni, Faculty and Third Year Students for a WINE & CHEESE PARTY States. • THURSDAY, OCTOBER 18, 1984 4:30 —6:00 P.M. POSITION AVAILABLE . Business Manager of The Opinion Solicit advertising and manage the finances of a major SBA organization! All Law Students Eligible to Run ELECTION AT 7:00 pm| THURSDAY, OCTOBER 11th IN THE OPINION OFFICE — Room 724 Opinion 10 October 9, 1984 at THE CENTER FOR TOMORROW, AMHERST CAMPUS RSVP: Room 319 O'Brian Hall 636-2052 Provost Announces Search Procedures the heavy work load of the average law student, these schedule reflect the needs, wants and changing attitudes of a student body would include: (1) two stu- conflicts are more likely to occur. We assured the faculty and the dents on the Dean Search ComProvost that two students would mittee (one first year, one upper not hamper the Committee nor class person); (2) allowing candilessen the effect of the faculty dates returning for a second inmembers' insight and wisdom. terview to meet with students inThe Provost responded by sayformally; and (3) accepting writing, "I'll have to think about ten comments from the students that." The student body needs who met with the various candiassured and active representadates, at the Committee level tion on this Committee and it is (this can be accomplished by this writer's belief that one stuhaving the two student commitdent is insufficient. tee members collect, copy and The requirements for a Dean distribute the comments to the Search Committee which would committee). It is in this manner continued from page I that the students can have a real voice in what may prove to be the most important event in our three-year stay at U/B Law. As of the deadline date of this publication, Provost Greiner had not yet contacted the S.B.A. as to his decision whether or not to permit two students on the Dean Search Committee. Once the S.B.A. has the Provost's answer, it will include the(se) position(s) with the committee interviews to be held the week ofOctober 15th. If interested, please leave a note along with your mail box number in Box 563. �I I I I I I I I I I I I I I I I Taking the bar exam can be an exhausting, prolonged and anxiety-producing experience. You will probably never again take a test as comprehensive and important as this one. Although the bar exam will never be easy, with BRC on your side it can be made a more humane and tolerable experience. Our testing, lectures and materials are designed to give you all the information that is necessary to pass the exam with emphasis on conciseness and brevity. Our specialized services allow you to tailor the course to meet your individual and unique needs and strengths. No other bar review service can match the substance, security and convenience that BRC provides. Find out more about us. The more you know, the more you will want BRC on your side. \ — I I I I I I I I I I *? & s •$«^ ■ ■ ft I I I I I I JOSEPHSON BAR REVIEW CENTER OF AMERICA Street, Suite 1206, New York, NY 10010, (212) 344-6180 New York Regional Office: 10 East 21st October 9, 1984 Opinion I M 11 �Crenshaw Takes to Public Tennis Courts In Deceptively Less-Than-Competitive Fashion long time. Maybe he came down with Steno Elbow. by Pudge Meyer VII. I weaseled into my office the next morning, doing my best to avoid Crenshaw at all costs. I knew he had to be in the court room at 9:30 A.M. I got M.C. on the intercom. morning, "Good Pudge. What's up?" "I was just wondering how you made out with Crenshaw's summation." Everyone called him Crenshaw. "It's really up to Crenshaw now. Depends on how well he knows it. Lucky he got home early last night. Didn't you guys play tennis last night?" "Don't you know?" "He plays so often that I never bother asking him how he did Half tne time I don't even know who he plays with." "Then he didn't say anything?" "What about?" here's Jergens, gotta "Wup go." That was easy enough. But I was starting to wonder just how good a player he might be. I pictured the two of us on the — .. court ... VIII. My daydream was interrupted as Chief A.D.A. Leibowitz walked right in to my office. Some nerve. "Steve, if you're not too busy, I have some things for you to do. Try to get to them in the morning. I don't know if you knew that this afternoon we're having a party." I thought to myself, how nice; a little get-together to welcome their new intern. "Who's it for?" "The office stenographer is retiring, after twenty-two years." Twenty-two years, not such a I read what Leibowitz had left for me. Then I stared at the wall in disbelief. Here were the facts: A man was driving on a rural road in Weedville when a blue Chevy, attempting to pass, sideswiped him, causing both cars to go off the road. The defendant allegedly ran into the woods. The driver of the first car, Mr. Watkins, limped 300 yards to the nearest residence, which happened to be the home of Leibowitz' uncle, Sol Schrapp. The police were called. Mr. Watkins' leg was bleeding, so Mr. Schrapp took him in to the bathroom to get cleaned up. Soon after, the police were at the door, it was Officer Reidel. "You must be Mr. Watkins. Where was the accident?" "What are you, blind? It's right out there." Officer Reidel looked outside, and scratched his head. He walked to the road and shouted back, "Would you mind limping over here for a sec?" As soon as Watkins reached the first step, he let out a yell. Both cars were gone. A man was staggering around the roadway. The Officer began questioning this man, who was apparently drunk by anyone's definition. There was one set of skid marks on the road. The car that made the marks had a wheel base equal to that of the Omni that Mr. Watkins says he was driving. The drunk made some statements, including that his car was just stolen and that it wasn't really his car. Watkins had taken down the license number, which was traced to a Morgan Philistine of Muncie, N.Y. who had reported her car stolen five months earlier. The drunk, later found out to be Chip Bapin, also stated that he had not been in an accident. It was at that point that Officer Reidel arrested him for Driving While Intoxicated. The question is whether there was probable cause to arrest. I felt like I wanted to go home. IX. Camille came flying into my office. "Quick, Steve, we're about to surprise Mr. Dresser, the stenographer. C'mon, into the grand jury room." We went in. There must have been fifty people in there judges, all kinds of lawyers, and even some regular people. It wasn't long before we all yelled, "SURPRISE" and headed for the food. I ran into Crenshaw by the nachos. He that summations explained would be tomorrow; but since he was all ready to go today, he suggested that we try to get together this afternoon for the showdown. "We can even leave early. I can only eat so many nachos." "I have to tell you this, but we'll have to make it some other time. I already have a game lined up for today." I could see that he wanted to get angTy with me; but he realized that wouldn't be fair, he told me that he could find someone else for this afternoon; we agreed to play tomorrow. — X. I got to the courts with my op- ponent at around 4:35 P.M. Two courts down I noticed Crenshaw. Behind him on a bench was an Adidas bag the size of my best suitcase. thought I couldn't be sure, but I spotted four racquet I handles. I was sure that, judging from the dull gleam of black graphite, the racquet in his hand retails for at least $150. I looked Jaeckle Center s Luncheon Program Off to Good Start U.B. Law School AlumnusRich Tobe was the guest of honor at the first box luncheon of the sponsored by the Jaeckle Center on October 3, 1984. To a small, but highly interested group of students and faculty, Rich achieved the nice blend of merging a prepared talk with a dialogue with his audience. His presentation of the role semester of a lobbyist in Albany contained a few surprises, among them that much lobbying is done by local governments as well as by private interest groups. You are welcome to listen to an audio tape of the session in the A-V Executive, Marie Richardson, at 12:15p.m. in the Faculty Lounge, Room 545. With the current state of fiscal affairs in Erie County it should prove to be a lively discussion. Come on along with your quesDepartment. tions about the budget process The next luncheon is on and concerns about government October 17th when the Jaeckle leadership at the county level! Center hosts the Deputy County down to my left hand, which was wrapped around a five-year old — • Informal Box Luncheons (Bring your own) 12:15 P.M. Faculty Lounge, Room 545 — Wednesday, October 17— Marie Richardson - Deputy County Executive Topic: Erie County's Fiscal Crisis Monday, October 29— William B. Hoyt New York State Assemblyman The Role of the Legislature Topic: Many thanks to all who completed the Jaeckle Center's questionnaire. The speakers have been chosen according to the interest expressed in those responses. Any other suggestions may be give to Cleo, Room #319. - 12 Opinion October 9, 1964 — Wilson T-3000 I had gotten it on sale for thirty-five. I started to play. It's not easy yes, that Crenshaw is a cutie. Then I remembered what M.C. returning a 90 MPH serve while watching someone else play. I had told me that morning: she caught 2 of them right where it doesn't even know who he plays with half the time, because he (usually) hurts which is preplays so often. Well, anyone who cisely why I always wear a proplays that often will be better tective cup when playing comthan what he was showing me. petitive tennis. It all became clear either he notice that help couldn't the I play two courts down was not was setting me up, or he's been what I would call competitive. I playing more than tennis five afwas this a ternoons a week wondered To be continued. — .. .. . — Pudge's Corner Pudge Forecasts Upcoming Fights by Pudge Meyer have the net effect of postponing the inevitable. Hagler, KO in 9. Bonecrusher Smith will be very interesting to watch in his November fight with Larry Holmes for the Real World Championship. Coming off a mild upset win'over Britain's undebusy, needing upwards of fifty feated Frank Bruno this summer, stitches on his face. Hagler sliced the Bone has capitalized on the him as if someone at ring-side chaotic state of the Heavyweight ordered a "quarter-pound of Division to sneak in against Hamsho, sliced thin." Hamsho Holmes. At age twenty-nine. refused to fight in Buffalo, beBone realizes that a bad loss here cause sometimes he bleeds on a could end his career. Is he hunwindy day. gry? Yes. He is the classic unHamsho should make Hagler known, a la Rocky. The outcome work harder than last time, but it can never be too certain when a will still be an easy victory. When big man like Bone gets into the it comes to defense, Hamsho is ring. He should provide Holmes the Tex Cobb of the Middlewith all he can handle. Holmes, weight Division. His strategy for TKO in 11, or unanimous decithis fight should be to get inside sion. with a quick combo, and get out The less said about Cooney, and away. This strategy should the better. Mustafa Hamsho will get his second crack at the World Middleweight Championship on October 19, 1984 at Madison Square Garden. Last time Hamsho fought for this title, he kept the boys in the emergency room PHILIP ALSTON — Lecturer, Harvard Law School Nations Centre for — United Human Rights Topic: Schedule of Events October The Jaeckel Center for State and Local Government Law psychological ploy on the part of Crenshaw? He always plays at the Club but today he decided to play at the town courts. Yes, "The Third World and International Economic Law" and "Careers in the United Nations" Date: Wednesday, October 10, 1984 Time: 12:30 P.M. Place: Room 210,0'Brian Hall There will be a reception afterwards in the Faculty Lounge, Room 545, O'Brian Hall. Sponsored by the InternationalLaw Society, Mitchell Lecture Committee, and Public International Law. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5d6a2ee7e6e7807c440fcb6c8b439d0c.pdf f5fbc73735c86826454cab1708108d1c PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Vol. 25, No. 3 September 25, 1984 Dean Headrick To Resign But Will Stay On As Professor by JerY H Stem Dean of U/B Law School, Thomas E. Headrick, will resign from his present position effective August 31, 1985, but will remain here as a professor on the time to change," Headrick explained. Headrick cited as the major accomplishments of his administration an improved, innovative faculty, an expanded clinical program, a burgeoning academic reputation and the development dence. Headrick first informed the faculty of his decision at a meeting earlier this month. of both the Jaeckle Center State and Local Government Program and Baldy Center for Law and Social Policy. Looking Back at Accomplishments Dean's Future Plans Faculty of 'Law and Jurispru- Clearly satisfied with the state of the law school after an eightyear administration, Headrick now feels the time has come for him to step down. "The average tenure for a law school dean is somewhere between three and four years I think I'm getting close to that point when to stay ... much longer would be to stay too long," said Headrick. "The problems no longer seem as important because you've seen so many of them before, and you begin to take people and situationsfor granted. That's not a healthy set of attitudes for a dean and at that point I think it's He emphasized that he has no plans to leave the law school after his resignation as Dean. "I love this law school. I think it's probably the best law school in the country in which to teach and I have no intention of leaving I'll just stop being Dean and start being a professor." Headrick expects to teach courses in public policy-making and property law, although that decision ultimately will "be up to . the new dean." Selection of a New Dean Declining to speculate as to who the new dean may be, Head- reluctant to reach a final decision until he could assess the impact on the law school of the appointment of a new University Pro- vost. The subsequent designation of rick stressed that he would "stay out of that (the selection) process completely." Although expressing a willingness to talk to candidates "about what the job entails and about the things that are important and special about this law school," he emphasized that he would in no way interview or evaluate them. "I don't think I should be involved in the selection of a successor," he said. Factors in Deciding to Resign Dean Headrick's decision to resign does not come as a surprise to the law school community. Last January, after returning from a sabbatical at Oxford University, he indicated to the faculty and The Opinion that he was considering resigning at the end of the 1984-5 academic year. At that time, however, Headrick was law school faculty member William Greiner as University Provost facilitated Headrick's decision to resign. "If there had been a provost who was new to the University and new to dealing with law schools, then I probably would have made an assessment whether it was important for me to stay on a little longer than I had anticipated," Headrick said. But since Greiner was selected, "I did not have the problem of having to educate the provost about law school and legal education, and I guess in that sense it made it a little easier for me to think about leaving at the end of this year," Headrick explained. Future of U/B Law School Currently the Headrick Administration is working to further close the gap between the law school's high quality and somewhat lower reputation, and also to step up recruiting in response to declining applicant pools. continued on page r> 1984 Desmond Moot Court Competition To Begin on Wednesday, October the Third by PeterScribner The 1984 Desmond Moot Court Contest will begin next Wednesday afternoon, October 3, when this year's problem will be handed outto participants in the Moot Court Room. The contest, open to all second and third year students, involves teams of two students each writing a brief and arguing orally on a hypothetical appellate court case. The participating teams have a month to submit a 20 page brief on the issue, and thenargue before "moot courts" made up of local judges and attorneys. This year's issue, written by a committee of the student run Moot Court Board, involves an appeal to the United States Supreme Court. Three lower court opinions set the legal background of the case, and the "writ of certiorari" presents two basic issues for appeal thus allowing each team member to concentrate on one issue. The brief writing teams may choose to argue either side of the controversy. The briefs, due October 31, are judged anonymously by Moot Court Board members, and represent 40% of the total contest score. Although the problem itself will remain a secret until October 3, the problem writing committee claims it will be "exciting" and "contemporary". Last year's question involved a pregnancy discrimination issue. The 1984 problem should be even more interesting, according to committee members, and participants will learn a great deal from researching the controversial and emotional questions presented. In order to help participants withthe novelty (and the anxiety) of the moot court experience, a board member is assigned to advise each team. The advisor cannot help with substantive issues, of course, but can provide moral support and help with questions on appellate writing and arguing techniques. Advisors often set up practice oral argument sessions to prepare their teams for the actual competition. Teams may also submit to theiradvisor a preliminary outline of the issues involved a week after the contest starts and a rough draft of their brief a week before it ends. This encourages participants to avoid procrastination, and also lets the board know if any team has dropped out of the contest. Previous moot court contests have been plagued by reports of cheating by unscrupulous par- ticipants attempting to monopo- lize research material. Cases and articles were found cut or ripped out of library books, and whole volumes disappeared. Students caught cheating face not only disqualification from the contest but academic sanctions as well. including the possibility of expulsion from school. In any case, the current Moot Court Board has gone to extreme lengths to make such attempts at cheating useless. Great quantities of all relevant materials have been photocopied and are available for quick . of the legal process, and the Moot Court system is designed to help students practice this required logical dexterity. possible for only one team member to be appointed to the board. About thirty second year students will be appointed to the board. Third year students, who may participate in the contest and can enter the final rounds, are not eligible for the Moot Court Board. Following the preliminary round of oral arguments, the eight teams with the highest scores are chosen to compete in replacement of any missing a series of elimination rounds. sources. Cheaters, therefore, will Quarter finals will be held on Mary Aramini, director of the gain no advantage over others in Thursday, November 8, semi fi- Moot Court Board, strongly enaccess to resources. nals the following night, and the courages all students to particiThe oral argument portion of final round on Saturday after- pate in the Desmond contest. the contest begins Monday, noon, November 10. All oral ar- Success in the contest or apNovember 5. For three nights, gument sessions, including the pointment to the board is of over a dozen classrooms will be preliminary rounds, are open to course an honor and a "resume turned into temporary court the public. First year students enhancing" event; but all parchambers, with five member who may be interested in participants will gain valuable expanels acting as Supreme Court ticipating next fall are especially perience in legal reasoning and Justices. The panelists, many of encouraged technique. And while moot court to attend. them UB Law School alumni, are Sometime in November, new contests involve a great deal of judges and attorneys from the members of the Moot Court work and no small anxiety, the surrounding area who have vol- Board are selected, based upon excitement of the competition unteered to participate at their scores in the contest. Teamcan be intoxicating. As Ed own expense. mates are jointly scored on their Markarian, assistant director of Each team will engage in three brief, and judged individually on the board, put it, moot court is separate one hour oral argument oral arguments. It is therefore "the sport of law school". sessions; one each night. Each team member will argue one of the two issues presented, and the panel of judges will score each participant separately. Most interestingly, at least one of the sessions will require the team to argue "off brief"; that is, to take the opposite side from the position taken in their brief. The abil- SBA ELECTION RESULTS ity to argueeither sideof an issue forcefully and convincingly is one of the unique characteristics inside — page 3 �vol. 25, No. 5 Commentary on New York's New Seat Belt Law September 25.1984 Editor-in-Chief Bob cozzie Managing Editor Victor R. Siclarl NewsEditor: Randy Donatelli Andy H. Viets Feature Editor: Business Manager: Theodore Lyons Araujo Staff: VictorJ. D'Angelo, » by Robert Marc Bursky New York's controversial seat belt law, effective January 1, 1985, has aroused the ire and indignation of civil libertarians who contend that it violates one's constitutional right to privacy. Not surprisingly, court action has already been .commenced by interested parties in JohnK.Lapiana, Pudge Meyer O copyright 1984. The Opinion, SBA. Anyrepublication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion Is published every two weeks during the academic year, it is the student newspaper of the State university of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarilythose of the Editorial Board or Staff of The opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The opinionis determined collectively by the Editorial Board. The Opinion is funded by sba from Student Law Fees. composition & Design: words & Graphics, inc. The Opinion would like to extend congratulations to those law students who were elected to an office in the Student Bar Association, as well as to those students who did not succeed in their endeavor because, after all, they did show the interest and dedication to get signatures for petitions and provide competition the allimportant competition which makes a democracy viable. The SBA affects every law student in this school just by the simple fact that they have the authority to collect student activity fees from each one of us. A check on this authority is provided by the competition in the elections since it reminds the officers that they were not appointed and do not have a fait accompli. However, the check on authority cannot end with the results of the election. Students must continue to participate in the SBA and voice their (dis)approval. They must continue to ensure that the student activity fees are spent efficiently. This can be done by joining a committee on the SBA. These committees would welcome the external participation from the student body and do not require an election to join. More important, the committees most often initiate the actions which the SBA later votes upon. Therefore, the input of committees can be vital to the success or failure ofthe SBA to respond to the students' needs. Another mode ofrepresentation and means of making the officers ofthe SBA aware of student needs is through the media. The Opinion is an ideal forum to express your viewpoints on any subject relevant to the law school or our education, as long as it is not slanderous or libelous. Used correctly, The Opinion can provide a means for the minority to let the majority know of their likes and dislikes. It can make the student body aware of what your concerns and needs are. Since too many people are interested in their own welfare, The Opinion can let them know that there exist other people who have wants. Unfortunately, there has been apathy on the part of the minority to write articles about their interests, organizations or opinions. The Opinion is a student paper for the students. The editors and the staff cannot cover every story or event that takes place in this law school. At best, we try to cover what we feel affects a majority of the students. The Opinion is not a special interest publication and therefore does not devote its time exclusively, or even primarily, to minority concerns. Again, there occurs the dichotomy of majority-minority. However, that does not mean that The Opinion will not publish an article or story submitted to us if it concerns an organization dedicated to a limited objective or class of people. In fact, the purpose of this editorial is to encourage such groups and organizations to let The Opinion know about what is happening in your organization, what events you are planning, what concerns you have, or on what you think would be money wisely spent. "Freedom of speech." "Freedom ofthe press." These are expressions and constitutional principles that have been repeated for as long as our country has been in existence, but they have not lost their relevance or importance. So if the next time you pick up a copy of The Opinion, shake your head and say, "Where's the beef?" you only need look in the mirror to encounter where the problem lay. Opinion S«pt«mb«r 25. 1984 What is Its Value? "... The State Legislature worth or lack thereof. There can be no other justification for a law of this type and to date its sponsors and proponents have had the good sense not to contend otherwise. The problem with this line of reasoning is that it measures life quan- — 2 In effect, this legal provision states one of two things: your life The underlying value of this legislation is the preservation of life. It will diminish fatalities; therefore it is a good law. Whether in fact this is the case is of no consequence to its public You Are The SBA What is Its Effect? an attempt to enjoin enforcement of its provisions. While the law's constitutionality may be a matter of legal argument, one thing is indeed certain it makes for terrible public policy. — Editorial: wear a seat belt or reject the same. What I am saying is that since this law does not protect individuals from each other, but rather from themselves, it treats people as means to an end, not as ends in themselves, thereby subtracting from a quality of life which can only be experienced through the exercise of autonomy. titatively, to the exclusion of quality. Now I am not contending that people would rather die than give up their right to autonomous action deciding whether to has sacrificed soundness ofpublic policy to political expediency..." is more important to the state than it is to you; or the state knows better than you what you want, and what you want is to wear your seat belt so that you can be fruitful and multiply. If it be contended that the former is indeed the case, as evidenced in the government's right to force you into military service, the argument carries with it its own refutation. In wartime, the state is compelling you to risk your life, not to save it. Additionally, the duty here is one that is owed to your neighbors and fellow citi- zens, as opposed to one that you owe to yourself. This is also why the seat belt law is not analogous to legal provisions against drunk driving, running stop signs, red lights, etc. Regarding the latter, it cannot fairly be contended that the usurpation of one's right to autonomous behavior is essential to the treatment of him as an end in himself, through the preserva- tion of his life. Life may be an end in itself, but not because you tell me so. Rather, it may be an end in itself if I so choose it to be, and denial of the fundamental opportunity to exercise choice, of necessity, results in me being treated as a means. What is the Result? In enacting this law, the State Legislature has sacrificed soundness of public policy to political expediency and a chance to reaffirm New York's national image as a progressive state. One can only hope that this law will go the way of many laws that attempt to protect people from themselves; out the window via a finding of unconstitutionality or down the drain by virtue of its impossibility of adequate en- forcement. Sixth Annual WNY Conference On Law and Public Schools by Robert Lehrman on lawyers and will not move without professional advice." Muck said a lawyer attends every School administrators and board members met Saturday Lake Shore Central school board morning, September 15, to dis- meeting to assure the board is cuss recent legislation and court acting responsibly with respect public to its legal duties. affecting decisions The Lewiston-Porter school schools at the Sixth. Annual Western New York Conference district also needs a lawyer at on Law and the Public Schools. every board meeting. The bill for Several attorneys who special- their legal counseling runs beize in education law spoke to tween $3,000 and $15,000 a year, about 55 administrators and depending upon whether they go board members attending the to court. Edward DeVantier, a conference in Baldy Hall. Those Lewiston-Porter school board in attendance came to the confer- member, said 90% of what the ence to get an overview of school board does is proscribed changes in laws affecting the by law. He said the local board has very little flexibility. public schools. A big problem is that "the State Norman Gross, Deputy Counsel of the New York State School comes up with mandates, but Boards Association, gave a brief doesn't always give the districts the money to implement them," introductionto 32 of the most important laws that will begin af- DeVantier said. His district's limfecting public schools this year. ited finances make it difficult to For example, one new law requires all public schools with driver education programs to emphasize the dangers of "substance abuse." Phillip Muck, Lake Shore Elementary School principal, said "school districts rely heavily comply with those mandates. DeVantier acknowledged that the state can also be helpful. He said his district appreciates the New York State Education Department's development of a curriculum that is uniform throughout the state. Moot Court Competition To the Editor: ' Moot Court Board. In addition to awards for the first and second On behalf of the Moot Court place teams, five brief and five Board, I invite all second and oralist awards will be presented. third year law students to partici- TheAwards Banquet, sponsored pate in the 1984 Desmond Appelby the Alumni Association, will late Advocacy Competition. The be held on Saturday, November problem will be handed out 10th, following the final round of Wednesday, October 3. Briefs are the competition. due on October 31st and the oral This is a tremendous opportuarguments are scheduled from nity to sharpen writing and oral November 5-10th. advocacy skills. We urge Following the competition, everyone to participate. Mary E. Aramini second year students will be invited to become members of the Director, MootCourt Board The University of Buffalo Law School provided assistance to the sponsors of the conference. continued on page 7 Lawyers' Association Seminar On Saturday, October 27,1984, theNewYork State Trial Lawyers Association will present a seminar entitled DECISIONS at the Sheraton Inn-Buffalo East on Walden Avenue in Buffalo. The seminar will review and cover all the cases thathave been reported in the past year that affect civil trial litigation. Taught by law professors and trial lawyers, the morning session, beginning at 9:00 a.m., will cover the topics of new legislation, disclosure and discovery, evidence, trial practice, and general obligations law contribution and indemnity. From 12:30 to 1:30 p.m. there will be a luncheon, followed by an afternoon session discussing products liability, damages, municipal liability, construction accidents and motor vehicle liability. Attendance by law school students is encouraged, especially those interested in the field of trial litigation. The registration fee of $95.00 for non-members of the NYS Trial Lawyers Association and $75.00 for members will be waived for all U/B students. The only charge would be $10.00 for attending the luncheon, but there is no obligation to attend. To register for the seminar, and for further information, stop by the Career Development Office, Room 309. — �Meanderings: Paradise Revisited: The Law of Santa Barbara going to like working at this place. June 8 I am taken out to — by Andy H. Viets Editor's Note: As he reported in the last edition of The Opinion, this past May, Andy H. Viets successfully journeyed cross-country to spend the summer in his adopted homeland Santa Barbara, California. He now recounts his experiences working as a summer associate with a California law firm. — — May 31 I have been in the sunshine state for a week now. I call the law firm I am going to be working for this summer and speak to the partner who hired me to let him know that I am in town and will be coming to work Monday morning. He says that's beautiful and notes that since no one in the office ever shows up before 9:00 that I shouldn't get there any earlier than that. I think that I am going to like this place. June 4 I enter the building on East Carrillo Street in downtown Santa Barbara which houses my firm. I take the elevator up to the fourth floor where the receptionist tells me to have a seat. I do so. The office manager comes out to greet me. She shows me around and introduces me to all the attorneys and secretaries in the office (there is a total of about 50 people who work here). It will take me weeks to remember all of their names (except for the cute secretaries their names I ingrain on my — lunchfor the thirdtime this week. If this keeps up I won't have to spend much on food this summer. (It doesn't keep up.) I finish my first week of work having written a couple of memos and doing other small pieces of research for various members of the firm. Everyone tells me to have a nice weekend. June 10 My little sister graduates from the University of California at Santa Barbara. You — know you're getting old when your "little" sister is old enough to graduate from college. June 14 Work is going well — as is life on the homefront. I am living in Isla Vista, which, being situated next to UCSB, is your basic student ghetto. I am subletting an apartment two blocks from the beach. I am ten miles from downtown Santa Barbara, but Freeway 101 runs just seven blocks from where I work so it only takes me about fifteen minutes to get there (rush hour in Santa Barbara means slowing down to fifty-five miles per hour). June 18 As I begin my third week at work, I come to realize that this is where I would like to spend the rest of my life. Santa Barbara is the most beautiful city — in the world. It actually looks like it belongs here. The Court House (which is a block from the office) is just awesome. The architectural style isi>panish as is most of the city. Behind the Court House is a sunken garden where mind). I eat lunch a couple of times a Next comes a meeting with the week. State Street is the main attorney who is to be my imroad going through downtown. mediate superior. He informs me It consists of numerous small of some of the firm's standard shops and cafes. When I have — operating procedures: At least twice a week a few of the lawyers in the office take two or three hours for lunch to play basketball. After work on Thursdays everyone is expected to go down to the beach and play volleyball. I am then introduced to the office lounge which contains, for everyone's drinking pleasure, gone out to lunch, I haven't had to go to the same place twice. From my office I have a view of both the mountains and the ocean. Talk proud all you want just keep talkin' to Buffalo — June 25 — I have settled into a proud all you want to. fairly regular routine at work. It is very, very nice having a secrecoffee (decaffeinated), iced tea, tary type everything for me. and fresh squeezed orange juice. What I can live without, though, At this point I know that I am is her laughing at my "Noo Yawk" accent while she's typing my dictated memos. I tell her that since New Yorkers were here first we don't have accents Californians do. She doesn't buy if and keeps on laughing. July 2 After a month at work I have written a number of — — memos, complaints, contracts and other legal documents. I have come to realize that the most important course you take in law school is research and writing. It is nice getting paid for it, though. July 7 I broke my sunglasses playing volleyball last Thursday so.my little sister and I go out to K-Mart to get me some new shades. She picks a pair out for me that are mirrored. She says they look really "hot" (this is Californian for "cool"). When I wear them I can't see a goddamned thing, but shit, do I look — "hot." — July 13 A heat wave has hit Santa Barbara: the temperature is in the 80's and the humidity has reached the unheard of level of twenty five per cent. The natives are wilting. I tell them to try New York this time of year. They say no thanks. So do I. July 16 —The United States Olympic Track Team is conducting practices on the UCSB campus. I watch Carl Lewis stretch out for half an hour. July 19 The Olympic torch passes through Santa Barbara right in front of the Court House. Everyone who works downtown congregates to watch a slice of history run past us. We all applaud as the torch goes by. I think it's really "hot." July 28 The Games begin as the?<"Opening Ceremonies are conducted in Los Angeles. Some — — This is Andy's backpack which journeyed to Santa Barbara with hint There are parades, music, danc- ing, and lots of Mexican food. Some cynics define Fiesta as a five-day period when a bunch of white people pretend they're Mexicans. Others claim that it gives Santa Barbara a fourth summer tourist attraction to go along with Memorial Day, the Fourth of July, and Labor Day. As far as I'm concerned it's as good an excuse as any other to do some serious drinking. — August 2 Today is the day of the big Fiesta parade. Even I get a bit cynical about this one. The Fiesta parade consists of a bunch of wealthy white people, who, while pretending they're Mexicans, get to ride theirhorses up State Street. I have no serious problems with this, though my firm gives us the afternoon off so that we can watch the — — parade. The Olympics are August 4 half over. I have to admit that I am having trouble getting overly excited about the Games. It just of the athletes are staying at UCSB, part of which has been transformed into a mini-Olympic Village. You can't get anywhere isn't the same without all those near the place, though a triple godless communists kicking the fence has been built around it shit out of us. Personally, I am and armed are rooting forthe Canadians I like guards — — everywhere. August 1 — Fiesta begins in Santa Barbara. Fiesta is one big party that the city throws the first weekend of August every year. their national anthem. August 5 To close out Fiesta, a symphony is being conbehind the Court House. A couple of times a year, I pre- — ducted tend that I am a cultured individual and go to a symphony. Today is one of those times. The best part is that it's free. August 10 There are several demonstration sports in the Olympics this year, one of which is windsurfing, the events for which are being held on East Beach in Santa Barbara. Windsurfing consists of a surfboard with a sail on it and a person trying to ride it out on the ocean. It was the Los Angeles Olympic Organizing Committee which suggested that this be a demonstration sport for the 1984 Olympics. It is this sort of thing, of course, that has given California the reputation it has as the bastion of space cadets. — — August 12 The Games end. What's worse is that I have only a week left in paradise. August 20 This is it. The car is packed. This gets a little harder every time. After spending the last two summers in California, I have become aware of a certain truth: The three most significant things in life, in no particular order, are sex, drugs and rock'n'roll (though admittedly I occasionally have difficulty telling the difference among them). No matter, I get in the car and leave, for it's time to shuffle off — to Buffalo. SBA Vice-President Tony Torres SBA President Rich Gottlieb SBA Election Results President Rich Gottlieb Rob Sant Marc Garber Vice-President —211 Tony Torres —182 Bill Blasi — Secretary Treasurer Gina Peca Margot Bennet Tim Merideth Defeated Presidential Challenger Rob Sant — — 269 —114 16 30 Steve Cordovani — — 252 Lisa Roy —128 Jeff(Slug) Kadushin 15 —— 35615 September 25, 1984 Opinion 3 �Political Commentary: Random Thoughts On Our Political Process by Randy Donatelli Platform Politics Presidential elections provide a timely opportunity for the writer, who normally is not opinionated, to enter the realm of political commentary. The following random thoughts address issues pertaining to this year's election. Conventions and Primaries It is time to reconsider the tradition of the political party convention as a prime time event. Six months of primaries is sufficient to determine the nominees in fairly democratic fashion. However, it has rendered the conventions boring, contrived and obsolete. The primary system actually handicaps the Democrats in the general election. The voters in primaries consist of a disproportionately high percentage of the party's activists resulting in a nominee who has been chosen by a sampling of voters far to the left of Democrats as a whole. This leads to substantial cross-over to the Republicans by conservative Democrats and should help the G.O.P. win its third landslide victory since 1972. In recent elections the Democrats have simply failed to nominate their most electable candidate. Although Mondale is the nominee, the polls have indicated several of Mondale's competitors for the nomination would have stood a better chance of defeating Reagan in November. women and created a gender gap. The fact remains that, in an absolute sense, women prefer Reagan to Mondale. The gender The proposed constitutional amendment to make the District gaps belong to Mondale; he of Columbia a state for the purpose of representation in the trails both men and women votwide margain. House and Senate appears on ers by a Conclusion: the gender gap is the Democrat's platform. This would guarantee the Democrats a trendy phrase coined in the It an additional two seats in the spirit of wishful thinking. will take more than reflex-induced and Senate one in the House. The accusations claiming Reagan is amendment is a direct contradiction to our federal system and is sexist to persuade women that they have no alternative to voting merely a tool of political expediency. Equally poor is the plank on the G.O.P. platform that would exclude those who are not "prolife" from appointment to the federal courts. Both propositions display an ignorance and indifference to federalism that should not be ignored by the electorate. Fortunately, platforms are not strictly adhered to in practice. The dynamics of the political process usually dictate party ideology. The Myth of the Gender Gap We have heard much about the gender gap recently. The conventional wisdom says Reagan's policies are damaging to women and that many will defect to Mondale/Ferraro. The most recent polls showed Reagan with an 11 point lead among women. So, where is the gender gap? Reagan's lead among male voters is 20 points. From this difference it has been hypothesized that Reagan has alienated . Democrat. Presidential Politics: The New York Vote Governor Cuomo's executive order requiring certain state agencies to distribute voter registration applications can hardly be called a non-partisan gesture, Secret Service and Buffalo police officers had prohibited all placards held aloft by sticks from the immediateD'Youville College area where the President was scheduled to speak. In addition to electioneering, Reagan was in Buffalo to dedicate the Santa Maria Towers, an apartment complex for the elderly, directly across the street from the small Catholic college. According to the Secret Service John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 E£RLY REGISTRATION DISCOUNT UNTIL DEC. See Your Pieper Rep: Opinion September 25,1984 by John K. Lapiana What Happened to "Freedom of Speech?" The Pieper seminar is now the hot" bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. 4 Reagan Visits Walking between cordons of Buffalo policemen and trailed by as the Governor has claimed. For a swarm of Secret Service example, as Cuomo is well agents, national and local media aware, New Yorkers who obtain celebrities, and oogling area, applications at the Department of politicians. President Ronald Social Services are almost cerReagan made a three hour whistain to register Democrat. The tle stop in Democratic downtown Governor's reputation as a rising Buffalo on September 12th. star among Democrats will deWhile arriving to lecture on the pend heavily on whether Monvirtues of public and private secdale/Ferraro carry New York in tor cooperation, it was a group November. of determined U/B law students Carter/Mondale lost New York taught the President and his who in 1980—including a Reagan vicsecurity forces a lesson on the tory in Ferraro's district. A defeat First Amendment. in the Empire State this year Teddy Roosevelt described his would be disastrous for the foreign policy as to "speak softly Democrats. The deck is stacked and carry a big stick." The U/B against Reagan in NewYork. The students, with a little delayed emergence of Cuomo and Ferhelp from U.S. District Judge raro should prevent another ReJohn T. Elfvin, defined the rights publican victory here in 1984. of activists at presidential election rallies as "speaking loudly and carrying a big stick." PASS WITH PIEPER Joseph D. Coleman Pennyßubin Deborah H.Williams Deficit spending has long been a policy of liberals, yet a principal Several points must be raised k campaign tactic of the Demowith respect to the federal deficit. crats is to attack Reagan on the The Republican's reputation as current state of the budget. Deover a constitutional the party of fiscal restraint has bate been severely tarnished in light of amendment to balance the the hugh deficit. Although much budget would reveal the true adof the blame rests with a Con- vocates of fiscal responsibility. gress dominated by liberals for Many states have provisions in many years, the G.O.P. has an their constitutions mandating obligation to vigorously pursue balanced budgets—why not the measures designed to substan- Federal Government? tially reduce the deficit. Hugh Deficit is No Myth Richard Eric Gottlieb RichardSchaus 1, 1984 Buffalo from- Guerra that signing the order was redundant since the Secret Service agents were leaving, Elfvin still autographed the order, which made "null and void" any regulations prohibiting signs on poles during Reagan's appearance. Although his order is binding only within his Buffalo jurisdiction, Elfvin speculated that his reasoning may be used as precedent by other judges. Presidential Protest Outside of the courtroom, too, U/B students made themselves heard. Pockets of them could be found in almost all areas cordoned-off for the President as well as in front of the near-by Connecticut Street armory and the park area adjacent to the college. Often the President's speech was punctuated by chants of "Four More Months" and "Ronald Reagan is no good, send him back to Hollywood." But, for the most part, Reagan remained unfazed, only once acknowledging the protestors by interrupting his prepared speech to ask "Is there an echo here?" While the President's talk dealt mostly with the nation's commitment to the elderly and the relationship between the public and private sectors in funding various community projects, he occasionally took swipes at his Democratic challenger Walter F. Mondale and praised the "met- tle" of Buffalonians. "What a wonderful tonic it is regulations, as a precautionary measure, all signs on poles are to be in Buffalo with America's prohibited from areas where the finest," he said. "We are deeply President speaks. However, patriotic Americans committed Judge Elfvin said such regulato making tomorrow better." tions violated the freedom-of- Reagan reinterated his commitspeech amendment and the Sec- ment to "reduce spending and ret Service cannot enforce a get the economy moving again," "blanket restriction." Elfvin de- claiming that he would not be cided that signs on posts are al- "satisfied until economic expanlowable behind cordoned-off sion is found in every community areas where it would be unlikely in America." for the sticks to be used as Partisan Politics Thrive That goal, Reagan charged, media entourage. Secret Service however, is not shared by the agents, could, if they desired, inDemocrats, who he accused of "stonewalling" his plans for spect protestor's sticks for concealed weapons, Elfvin wrote. economic enterprise zones the political godchild of area and Congressman Jack Kemp First Amendment Rights antiproposed comprehensive Ellen Yacknin, described as a crime legislation. lawyer representing the U/B stu"Last year, crime dropped dents, received Elfvin's verbal seven percent, the greatest dedecision at 11 a.m. just 15 minutes before Air Force One was cline in history," the President boasted. "However, any atscheduled to land at Buffalo Intempts to get our core crime ternational Airport. For the following two hours, Yacknin and proposal through Congress has Joseph Guerra, an assistant U.S. beenbottled up in committees." attorney, haggled over the Mondale's recently released proper wording for the Elfvin economic plans to raise taxes order. By the time a draft was fi- while simultaneously cutting nally readied for the judge's sigspending to help ease the budget nature, thePresident was prepardeficit was called a "fairy tale" ing to leave. Despite arguments continued on page 7 weapons, but still within the sight of the President and his — — �Vedge's Law Vedge's Law . by Cliff Falk by Cliff Falk September 25, 1984 Opinion 5 �Pudge Politics: Flashback: The 1980 Presidential Election by Pudge Meyer "Okay, wise guy, what brings sorely needed in this country. I you here on a weekday?" I would provide the public with a (In the summer of 1979 I was a brushed off the heart attack he new face in politics. All' my self-employed political columpolicies would be unbiased, and almost gave me. nist tough way to make a liv"Well, I'll tellyou. What do you following no trend, since I know ing Yesterday I stumbled nothing of recent administrathink about the next election?" across one article that I had "I've been running through the tion." placed in a folder along with my list, "But Mcl Brooks can't be Presand I just don'tknow." letters of rejections from about "Why don't you give me the ident of the United States." twenty-three law schools. It was names, and I'll tell you what I "Why not? We've had presientitled Mr. Wise Guy.) dents from all walks of life think." "Okay." I went for it. "How generals, writers of constituAnother presidential election about Gov. Brown?" tions, even crooks, and farmers is approaching, and I've been "Too young, and single. Won't with dumb brothers. It's time we busy sorting out possible candicommand respect." had one from the entertainment dates. industry." "Kennedy?" Yesterday, while relaxing in "Wait. Why would you make a "Too embarassed to run. He'd good president?" my living-room around midday, be better off writing a book." "Why? You want to know why? "Carter?" I heard some rustling noises in the kitchen. Now, my family had I'll tell you why. I seem to have "Are you kidding?" the key ingredient that not too been out of town for a week, and "Bayh?" many candidates have nowacommon sense. And "// was my long-time friend Mcl Brooks. He had let days don't forget the words of Linden Monet 'Leaders are born, not in through the side door and had helped made.'" to some garden vegetables." "Linden Monet who was he?" I didn't know what it could be. I "Who?" "Nevermind. And remember, grabbed the Louisville Slugger I "Ford?" some of our great leaders had keep under the couch for such "Forgot where the White against them. For inmarks and into the jumped occasions, House is." stance, our great anti-slavery kitchen- with one of my karate "All right, wise guy, who did Civil War president, Dave Lincoln, screams. you have in mind?" had a few servants at his resiit's only me, "Easy Pudge "I'll tell you. This is why I'm dence that he didn't quite treat Mel." What a relief. It was my here during the week I'm camlong-time friend Mcl Brooks. He paigning." thought for sure he as royalty. I can go on if you want I me to." had let himself in through the was kidding. But he went on. "You don't have to. If there's side door and had helped himself "Seriously, Pudge I can pro- one thing I know, it's the lives of to some fresh garden vegetables. vide a change of pace that is U.S. Presidents." — ... - — — — himself himself fresh — — — — "Then you know what I'm talking about. And don'tforget —I'm also more well-known than most of the candidates. I'm witty, clever, and observant. And I think it's high time we had a wise guy for president it would be good for national morale if I could lay some zingers on Cuba and U.S.S.R." I was beginning to see — it his way. "You have my support. Who's your running-mate?" "Dom Delouise." "Great." We talked over our strategy; and out walked the man who I hoped would be the next president. An hour later, I was back in the living-room when the door bell campaign rang. - "Hi Pudge, how are you?" "Pretty good. What are you doing here on a weekday?" It was my good friend Reggie Jackson. who do "Well, I'll tell you you like in the upcoming elec- — tion?" Dean Headrick Resigns continued from page I which this school like most the inception of a fresh adminisother law schools has wittration. He now plans to fully purnessed over the past several sue his teaching and research inyears. terests. He currently is in the proIn addition, Headrick hopes to cess of writing a book on resist any new tuition hikes medieval land transactions which may be proposed for the based primarily on his research law school. "We have made a at Oxford. strong representation which is Headrick's outlook on the cur- — — backed by considerable data and rational argument that if there are general tuition increases the law school ought to be excepted for a couple of rounds, because our tuition is really out of whack with other tuitionsfor students in SUNY," Headrick said. Dean Headrick feels that after nine years as dean he will have accomplished all that he had originally planned for the law school, and that this will therefore be an appropriate time for — — rent state of the law school and .. the direction in which itis headed is patently optimistic. "The nice thing about this job I guess, is that this is a remarkably wonderful bunch of people to work faculty, staff and stuwith dents. It's a place that's very alive intellectually. And I think to make some contribution to both keeping it that way and extending our program and our reputation is what gives one satisfaction in this job," Headrick remarked. The Opinion's publication schedule for the Fall Semester of 1984-85 is as follows: Late Copy Copy Deadline Deadline 25:4 Monday October 1 Tuesday October 2 12:00noon Thursday October 4 Tuesday October 9 Monday October 15 8:30p.m. Tuesday October 16 12:00noon Thursday October 18 Tuesday October 23 ONION Tuesday October 30 8:30 p.m. Wednesday October 31 12:00 noon Saturday November 3 12:00 noon Wednesday 25:6 Monday November 5 8:30 p.m. Tuesday Thursday November 6 NovemberB 12:00 noon 7:00 p.m. 25:7 Monday November26 8:30 p.m. Tuesday November27 12:00 noon 8:30p.m. 25:5 (humor) * Late * Layout ** 7:00p.m. 7:00p.m. November 7 Tuesday November 13 Thursday November29 7:00 p.m. copy accepted only upon prior notice. ** Layouts will take place in 6 Date of Publication Issue Opinion September 26,1984 The Opinion office, Room 724 O'Brian Hall. Tuesday 4 December �PAD News Fraternity Has Much To Offer by James Lagona The officers and members of P.A.D. have returned from their much-needed summer vacations and are moving the organization ahead at a rapid pace. Many events have been scheduled, and some have already been held with much success. This semester's calendar is quickly filling up with events of interest to all in the law school community. Membership of P.A.D. Our membership "rush" was a great success this semester, with more than twenty new members initiated into the Fraternity on Monday, September 24, 1984, in the law school's Moot Court Room. As usual, the ceremony was dignified and moving, and was attended by local noteables. The reception which followed the ceremony was enjoyed by all in attendance. We again wish to welcome our new brothers and sisters to the membership of our Fraternity and encourage them to participate in our meetings and events. Social Activities coming announcements. Also for its members, national recogscheduled for the near future are nition as one of the outstanding morning coffee and doughnuts, chapters of the Fraternity, and keggers, happy hours and vari- our officers have been cited as ous social events with the membeing exemplary in their efforts bers of the local bench and bar. and service to the Fraternity. Watch for upcoming announce- Chapter Clerk Randy Donatelli rements for these activities as well. cently received the honor of Our Blood Drive has been ten- being recognized as the outtatively scheduled for November standing chapter clerk in the Na15, 1984. We ask that you re- tion. We congratulate him and member this date and come to encourage the other officers and donate in the first floor student members to look to the example lounge on that day. A schedule he set for our benefit. of times for donations will be P.A.D. has much to offer the posted in the mail room in order law student. The Fraternity proto move the donations quickly vides a means of meeting those and easily, and to give the nurses already active in the legal profesan idea of how many people to sion, social activities both enjoyexpect at any given time. Walk-in able and beneficial to the law studonors are of course always wel- dent, valuable contacts within come, but if possible, try to the profession, and the fellowschedule a time so the staff will ship which comes from lifelong know when to expect you. membership in an organization The Book Sale went very well which places an emphasis on this semester, and we thank all treating all of its members as who patronize this function. equals. In addition to our chapter's employment service for Benefits of P.A.D. members, the Fraternity has an placement/eminternational Even though we had our first ployment service for its meminitiation for the semester, it is bers. not too late to join the Fraternity. P.A.D. welcomes all law stuThere will be at least one more dents into its membership and it initiation this school year. Stop extends an invitation to you to by the P.A.D. office, O'Brian join and benefit from all that 113A, call the office at (716) 636- P.A.D. has to offer you. Look for -2781, or stop any member and announcements on our board in ask for information about the the mail room and join us in our Fraternity and how to apply for activities. Accept our invitation to membership. membership in one of the largest P.A.D. is an organization which law fraternities in the country, The Racquetball Night which the Fraternity sponsored on Saturday, September 15, 1984, was also a great success. Food and refreshments flowed freely, the Boulevard Racquetball Club's facilities were open to our use, exists for the benefit of the law and the people'who attended student, and believes in service truly enjoyed all that the evening to the community, the student and the facilities had to offer. and the profession. Our chapter This event is sure to be repeated boasts of its own successful placement/employment service in the future, so watch for up- Reagan Visit College cafeteria for a V.I.P. luncheon. The route was lined with both pro- and anti-Reagan demonstrators, jostling one another to either cheer or chastize the President. According to one demonstrator, the protest was "a success" despite the problems continuedfrom page 4 by the President, who said the Republicans plan, unlike his opponent's, calls for "keeping the people out of the red." Reagan asked the crowd to repudiate the "liberal stohewallers" in Congress this November. "Don't make them see the light," he said, "make them feel the heat." Cheersand Jeers After his 10 minute speech Reagan walked from the Santa Maria Towers to the D'Youville with the Secret Service and an equally enthusiastic crowd supporting the President. "Although I don't know whether it'll make any difference in November" she said, "at least we made ourselves heard today." Sixth Annual WNY Conference Hinkle, Esq., Hodgson, Russ, Andrews, Woods & Goodyear; and Dennis Barrett, Esq., Barrett, Maier, Barrett. A transcript of the speeches given at the conference are available in 505 Baldy. continuedfrom page 2 The speakers included: Ronald Hager, Esq., Instructor, SUNY Buffalo Law Clinic; F. Warren Kahn, Esq., V.P. and Treasurer, New York State Association of School Attorneys; 1 Ward B. K«3r-imoi-«a Buffalo, Avonuo Pslorw York e-4335-SS43 T" resumes professionally typeset and, with almost one hundred members, the largest law student organizaiton on campus next to the S.B.A. (of which all students automatically are members). The BAR/BRI course, in preparation for the November 16th MPRE examination, will be offered twice: Sunday, November 11, 12:00 - 6:00 pm, Room 109 Wednesday, November 14,5:00 -11:00 pm, Room 109 The course is FREE to all BAR/BRI enrollees, with a deposit of $75, fully credited towards their BAR/BRI tuition and includes: • 4 hour lecture • 2 hour practice testing • MPRE book and outline materials Preregistration at table until Monday, November 5,1984. 401 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 Septambcr 25, 1984 Opinion 7 �The Continuing Saga of Pudge's Internship With the Carson County District Attorney This is part two ofa series depicting a common summer internship with an assistant district attorney. by Pudge Meyer IV. Poor Crenshaw. It rained that afternoon, and we didn't get to play tennis. The witness got killed that night by a Dunkin Donuts truck. The judge allowed the direct- and cross-examination to remain as part of the record, but the redirect was stricken due to the obvious inability of Crenshaw to proceed with his recross. Unfortunately for Crenshaw, this prevented him from calling a rebuttal witness who would certainly have discredited the defense witness and shot their entire theory straight to the realms of Pluto. Before the trial resumed the next morning, Crenshaw was fuming. Jergens asked him what he would do now. "I don't know. Maybe he can play today after work." We did get on the court later that day .. V. Those Town and Village Justices are a breed unto themselves. It didn't take me long to realize that for some reason or another, they all wore fat neckties. Fat ties have a tendency to make heavy people look heavier and skinny people look skinnier. I have since wondered what would happen if I were to tie one on. I calmly reassure myself that I'll never find out. At the time, I didn't yet know if it were the ties or the position; but it seemed like everyone who put on a robe suddenly became endowed with a sense of humor, which, unfortunately, was only self-apparent. (Actually, the fifth grade choir director wore a robe, but he wasn't funny at all.) The Justice would make a comment that made him chuckle; we'd uncomfortably look around at each other, and as if on cue, we'd all start laughing. Sometimes the whole court would be in an uproar. The scene was reminiscent of the story of The King's Clothes, the- tale in which the King paraded down the square with no clothes on asking the people how they liked his new expensive outfit. The people all said it was a lovely outfit from hat to shoe until one brave and ignorant little boy yelled out, "Hey, look at that man's little ". The whole assembly broke out in an uproar. The King was made to look like a fool. But he did have one thing over the local Justices in Carson County at least he knew how to dress. There was one occasion on which my laughter was sincere. It was at an arraignment, and I was accompanying the lovely former Miss Morton, who had been an A.D.A. for about a year. Strange things can happen in a in fact, she wasn't year's time at work my first three days on the job, because Miss Morton and Mr. Crenshaw were on their honeymoon. So there I was with — - — — — had won the Purnimock Creek your boss I even play with him Upstate Canoeing Championsometimes." ship for the third straight year, "Sorry. You'll have to go home and he had a four-hour drive to and get the permit." I told Crenshaw I'll be back in a minute, and the awards dinner.I caught Crenshaw walking down the stairs. I stormed away. This was like Reagan being denied entry to Air "How'd it go?" "Okay, I think. They're calling Force One because he didn't one more witness. We'll probahave his I.D. card. When I got back to the courts bly finish it up tomorrow." "Then I guess you have alot to the girl was gone and Luther was do." I was disappointed. I there. I told him what happened. thought maybe I'd get this turkey He thought it was funny. I didn't. on the court. "Well Pudge, that's the way it "Not really. I told M.C. to do goes." the summation for me. I'll just Crenshaw hit me in the arm. look at it after she writes it. She's "You gonna let him get away great. Let's play." with that?" We were at the tennis courts "Get away with what? Telling ten minutes later. I play there me that's the way it goes?" about two hours a day, weather "No. Didn't you hear what he permitting, and I had long since called you? He called you sounding "Get lost." The matter come to know the attendants 'Pudge." who work there. To play, you was set down for trial. "He did? I wonder what he The cause of my laughter? must have a permit, or pay 5 dolmeant by that.. .?" We were fiM.C. inquired as to bail for this lars for an hour. Once the attendnally on the court. I had a new man who has a history of crimi- ants recognize the regular can of tennis balls. I started to nal impersonation. The Judge's players, it becomes unneceshey, Crenopen it. "Uh-oh response: Released on own Resary to show the permit. I shaw, you got a knife or somecognizance. To top it all off, the stopped bringing mine three thing? The ring broke." case had to be dismissed be- days after the courts opened on "A knife? No. Here; let me try." cause the waitress refused to tes- May 15. No good. We couldn't get the can tify. She was afraid that she'd Just our luck there was a open. There was only one thing lose her job when it became new girl working. "May I see your to do take another quick trip known that she always fed the permits, please?" home. "I don't carry mine cops for free. As of this writing, I'm a "May I see your license and I believe she is still residing at really good friend of Luther, and registration you do realize the County Jail; and I am told that Debbie, too the people who you were going 35 in a 20 MPH the whole force has slimmed usually work here. Where are zone. down considerably. they today?" I returned to the courts with When I got back to the office it "I don't know where they are, three tennis balls and minus 25 was 4:00 P.M. I ran upstairs to and I don't know who you are. I dollars. But I had taken too long. the court room, but I was too late. was told to ask to see all perWhen I got there Crenshaw was The rape trial ended early bemits." gone cause Judge Banshee had a com"But Buddy Silverman he's To be continued... mitment seems his daughter Mrs. Morton-Crenshaw (Hereinafter M.C.) at the arraignment. It seems the accused had been picked up for theft of services stemming from an incident at a local luncheonette. He apparently held himself out to be a police officer, and a certain nameless waitress was in the habit of providing police with a free lunch. He was caught by the cashier, a former player in the now-defunct World Football League, who realized that the guy hadn't paid. After the arrest, it was found out that the same person was being sought in connection with three other separate occurances involving impersonation. Defense counsel offered M.C. a B Misdemeanor in satisfaction. She responded with a re- ' . — — — — — — — . .. COFFEE AND DOMJTS WILL BE SERVED OUTSIDE ROOM 106! . . BAA/MI H 75 DBGOUHT MAOUMI S ' ©(gT©!E(P3 "M r BE SURE TO PAY ONLY $50 TO LOCK IN THE PRICE OF $675 FOR YOUR BAR REVIEW COURSE! PAY ONLYftIOO MORE TOWARD YOUR $675 PRICE AND YOU WILL RECEIVE YOUR BAR REVIEW BOOKS! m 401 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 8 Opinion September 25, 1964 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0de6952874685a4d46ba774192bcbc1c.pdf bafb377a521512748330f2e7929540af PDF Text Text THE OPINION Vol. 25 No. 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 17, 1984 Sant, Gottlieb Compete for SBA Presidency tee, and was a member of the cally, he wants to have agendas Faculty-Student Relations Board. published with ample time beThe Student Bar Association He was also on the Ad Hoc Space fore the meeting so people can Committee which reworked of- have time to prepare and so the (SBA) will hold its annual elecimportant issues will be given space allocations for the stufice on Monday, September 17 tions concern and not treated hapand Tuesday, September 18. A dent organizations. Gottlieb sees himself as being hazardly as they were in the past. table will be set up on the second Another plan of Gottlieb is to floor outside the Law Library able to work with anyone who is both days. There, law students elected. If elected, he plans to in- have a greater distribution of reject more procedure into the sponsibilities among the four will have the opportunity to exerfunctioning of the SBA. "It needs major offices of the SBA. By runcise their vote and elect a president, vice president, treasurer, to be a consistent, efficient and ning on a ticket, Gottlieb hopes well-run organization, unlike the to have elected a coalition of four secretary, and eighteen directors, each student selecting six past," said Gottlieb. "The SBA equal partners working together. directors for their respective has a problem with purpose. "I have too many things that I There were too many long- want to see accomplished," said class only. In order for law students to winded debates on issues out- Gottlieb. "I want them active in side the scope of interest of law the decision-making process. I have a betterideaof whothe canwant four heads working instead didates are and what they plan school." one." Gottlieb sees this as a result of of spondo elected, to the SBA if Gottlieb said that last year the sored a "Meet the Candidates" the election of some students Forum on Tuesday, September who come with one set of goals president had the most respon11, and a Presidential Debate on and who conflict with other stu- sibilities while the other officers dents having opposing goals. He had little. He plans to have the Wednesday, September 12. The deadline for submitting also sees this as a result of lack other officers actively involved petitions to run in the election is of procedure. In order for the such as by sharing the duty of not until Friday, September 14, SBA to become efficient politi- chairing the SBA meetings. and therefore, the names of all the candidates are unavailable at by Victor R. Siclari Student Rights Protection Act Proposed press time. However, the office of president is being vied for by two candidates. Rich Gottlieb and Rob Sant. Following is some information designed to give students a chance to exercise their vote for president based on an informed choice. The first candidate (in alphabetical order) is Rich Gottlieb. He has served as a first and second-year director on the SBA, Chairman of the Rules Commit- Moot Court Competition Commences by Peter Scribner The 1984 Desmond MootCompetition gets underway on Wednesday, October 3, when this year's problem will be distributed to participating teams. The competition, open to all secondarid third-year students, involves both written and oral advocacy. Teams of two students are presented with an appellate level legal problem, on which they must write a twenty page brief and then defendtheir position in oral arguments. The briefs will be due on October 31 and oral arguments will be held the week of November 5. Participants are rated individually on their oral argument presentation and jointly (along with theirteam partner) on their brief. At the conclusion of the first round of arguments (November 7) outstanding participants are invited to join the Moot Court Board, and the best teams begin a "run off" series of additional oral arguments until, by Saturday, November 10, a single winning team is designated. Students interested in further information are invited to an Open House to be held by the Moot Court Board on Monday, September 24. . agement building in January will affect the use of classrooms in the law school. Rob Sant is also candidate for president of the SBA. He served as Treasurer of the SBA last year and was in charge of a budget of more than $35,000. ated with the American Bar AsSantfeels that the budget is an sociation and the New York Bar important concern. "This year Association which provide there will be a $40,000 budget. grants to schools which have a Most of it is allocated but there is a $5,000 carryover from last certain percentage of the students as members. A third option year. I know exactly where the is to have fund-raising events for money goes and what is inthe budget. volved. One of the major probGottlieb also would like to see lems is that 70% of the students the SBA concentrate its attention aren't getting their fair share of on its role in the whole campus. the money. Most of the money goes to clubs and the same He would like to see the SBA inpeople seem to be running the volved in decisions affecting law students. He cites as examples clubs. Although academics are the issues of whether the law important, there is room in the school is going to have its budget to emphasize social acgraduates participate in a unified tivities and athletics." commencement. Another issue continued on page 7 is how the opening of the man- Because Gottlieb feels there is too little money to go around, he would like to put before the law students a referendum to increase the student activity fee in the range of one to three dollars. In addition to this, he would like to see the SBA become associ- by Gail A. Fischer The issue of full right to due process under the law for students is one which has seldom been adequately addressed by civic, university or student leaders. Unfairness in grading, selective enforcement of lines of policy, exploitation of students by professors for their own research and biased allocation of student activity funds are areas where abuses can occur. Whether students have sufficient protection from the vagaries and vindictiveness of deor are partmental rulings pawns of their private academic fates are matters of grave concern. As social institutions become studenthave whorequires airing mented case of former State Uniof a personal grievance? Where versity of New York at Buffalo can he or she pursue receipt of Adjunct Professor and Departrights of due process guaranteed by federal or state law? Can an institution ever convince a client who has been wronged that everything is actually, was or will be, all right? Even supposed subversive groups see their anger and ex- ment of Psychology graduate student Rabbi Morris A. Cohen demonstrates how the non-com- pliant enrollee can be blacklisted categorically and effectively removed (see accompanying article). Not long after his refusal to assist in research on inmates in Attica Correctional Facility which he could not in good conscience condone, a full Veterans Administration assistantship was withdrawn. With a family to support a result of little more than a pro- fessor's negative perception of a student's commitment to a religion, his or her persona or physiognomy. A poor grade can be assigned based upon similar considerations. A person should not lose the right to due process when he or she becomes a student at a school or a university; rather he or she shouldbe guarded against abuses of his person (including his time and skills), property (the cesses sanctioned by an establishment looking for some very functional "safety valve." They academic work which is proare by nature expressive they duced) and from discrimination the let off much of accumulated "steam" rather than being ef- he was forced for financial based on political and religious beliefs. fectively active on behalf of stureasons to give up work on a docThe proposal for a Students dent issues and quality of life. torate he was only two years Rights Protection Act would adhaving of earned. No comprehensive legislation short dress to difficulties arising itself exists which upholds the entitleMorerecently, in Buffalo we've three areas. In state colleges all in controversy witnessed the rethose enrolled acain ment of universities, it would be demicinstitutions to due process sulting from a graduate student's and guaranteed that funds would auincreasingly complex, they must under state and/or federal stat- charges that a Roswell Park tomatically be made availablefor university is Memorial Institute scientist had both multiply and divide their utes. Because the all students to be provided with he published the data powerful any more than of its fabricated functions to satisfy needs in varijournal. Evidence Student Legal Services Assistous arenas. Just as teachers and sections or constituents, there is in a medical Philip Yip's ance. The same monies wouldbe it from seems to corroborate jeoparprevent to nothing professors have it in their conthat he was expelled earmarked for payment of legal dizing the interests of those allegations tracts that they will be given cerexpertise coming from outside of the from the SUNYAB GraduateDiviserve, to whom it was created tain legal assistance by their emthe institution. going sion after at Roswell Park ployer, so organizations must be thousandswho fill its classrooms The law would stipulate that all in with his information public bills. pay and its created to protect students' instudents involved in suits have numer1981. What's more, there are terests. But it should not be forthe right to select their own While greater diversity of perthe by-laws ous clauses the of in gotten that all organs which gensonal style is accepted on college lawyers or advocates. erate from a central institution institution which protect its propThe Student Rights Protection campuses than many places employees policies erty, and are designed to fulfill one purAct would set the limits to which it's still true in society, elsewhere pose the perpetuation of the from the enrollees. that the self-assertive individual staff at an institution could institutionalstructure as a whole. The issue of academic exploiis the focus of discrimination. exploit students forresearch purThere is little wonder that tation by instructors is an old and The occasion for selective encontinued on page 2 those seeking support from stu- a pervasive one. Because a uni- forcement of policy can come as dent councils, undergraduate versity is a corporation trying to and graduate student associa- get more and more money, there tions, their appointed om- is the tendency for "approved budsmen and legal aid clinics harrassment" of students to be often obtain only meager satis- sanctioned by its administration. faction. Such groups are primar- In this case, the students are used ily engaged in a struggle for their to provide cheap laborfor the inown survival, and those who stitution, and because students At a faculty meeting held on Friday, September7,1984, Dean comprise their staffs are subject have so much at stake, they'll E. Headrick informed the faculty of his intention to Thomas to problems of overwork and often forfeit their own dignity to resign as of August 31,1985. In a telephone interview, the Dean overseeing their own limited in- please the pressuring power at confirmed this decision but noted that he would continue to terests. As products of political hand. conduct the duties of his position until a replacement isfound. Too often department politics assignment, they are comproThis news came to The Opinion just as this edition was going mised by their position in the is only a microcosm for thepolitto print. The next edition of the paper will contain more inforhierarchy of a university. ical games played throughout mation on Dean Headrick's decision to resign. What recourse, then, does a the system. The well-docu- — — — — — Headrick to Resign As U/B Law Dean �Federalists Offer Alterative Forum vol. 25. No. 2 September 17.1984 Editor-in-Chief Bob Cozzie Managing Editor victor R. News Editor: FeatureEditor: Business Manager: Slclarl Randy Donatelli Andy H. viets Theodore Lyons Araujo © copyright 1984. The Opinion, SBA. Any republication of materials herein Is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaperof the state university of New York at Buffalo Sctiool of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of theEditorial Board or Staff ofThe opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from student Law Fees. Composition & Design: words & Graphics, inc. the past few years. The Opinion has been alternately described as being either left-wing or right-wing in its editorial policy. In light of our history, the current editorial board has decided to use this space in this edition to define our purpose and basic policy. The Opinionis theLaw School's newspaper it is produced by, funded by, and read by the student body. Our basic function is to provide the Law School with two things: 1) an accounting of events which have occurred at the school in the two weeks prior to deadline, and 2) commentaries on various subjects. The content of the paper therefore is solely dependent upon you —the students of this Law School. The only reasons for which we edit articles submitted to us is for grammar and libel (the latter which we inform the author prior to publication). No article will be edited or rejected strictly due to its political content. We encourage all students to assist us with our purpose whether it be by writing a news article or a commentary. An additional part of The Opinion has come under attack in recent years that being the section you are reading now, the editorial. What is written in this space is representative of, and only of, the thoughts of the members of the editorial board. We will try to limit our scope of topics to issues directly referring to the Law School. It is not our intent to be confrontational or accusatorial in this space simply for the sake of being controversial. We are not out to get anyone, whether it be student, professor or administrator. Our goal is to raise issues that we view as being important to the present and future of this Law School, and hopefully to elicit some response from the members of theLaw School community. We would like to see reasoned debate over the merits of the Buffalo Model and actions of the Student Bar Association, not mud-slinging and invective. Again, this is largely dependent upon you becoming involved to at least some degree in contributing to an open environment by letting the people here know what you think and why. We do not speak for you you do. Above all, however, we see our primary purpose as providing information to the people associated with this school. 'The Opinion has been accused in the past of being far too true to its name that our pages are filled only with radical opinions which serve no purpose other than to provide writers with a place to mouth-offand see their names in print. Unfortunately we have to admit that this has been, to some degree, quite true (although an examination of past issues will generally show that ourfront pages have been devoted to news articles). We will attempt this year to devote more space to news articles. Nevertheless, this is again dependent upon you. Your contribution can consist of a written news article or even just a message to us that there is something happening which needs to be covered. We will do thebest we can, if you do too. — — — — — SBA Elections For the first time in our memory, several highly qualified people are running for SBA positions at all levels but particularly for the position of SBA President. Our only negative comment is that it will be to the students' loss that only one of the persons running for each of the highest offices will be able to represent us. The editorial board of The Opinion, of course, makes no endorsement of any person for any SBA position. Nevertheless, we encourage you, the students, to find out as much as you can about the candidates and to vote. The SBA allocates your money and deals with the Law School administration for you. Quite frankly, if you don't vote, we don't want to hear from you. September 17, 1984 . . Amendment to promote egalitarianism, adopting a "if we don't, who will?" approach The states are no longer deemed ways. Pver Opinion Nine unelected employees of the federal government exploit their immunity from the democratic process by deciding the fate of the most important social and political issues of the day.. ■ We are constantly told that Federalism is obsolete and that "civil rights" and "social justice" can be achieved only by greatly expanding the scope of the federal government at the expense of the states. Convinced that state legislatures are indifferent to "fundamental fairness," the federal courts use theFourteenth competent to establish minimum drinking ages and regulate the speed of vehicles on their high- Editorial Policy 2 by Randy Donatelli The Federalist Society for Law and Public Policy Studies is an organization of conservative and libertarian law students dedicated to studying and promoting the principles of Federalism and JudicialRestraint.The assertions above are representative of concerns we have about the constant erosion of the proper functioning of the federal system. We believe that judicial activism is support- ing the growth of the federal government, and that this growth is stealing personal liberties away activities for the coming months such as sponsoring debates, noted speakers, discussion panels and films of interest to all from individuals. students. We also welcome as Founded at Yale Law School input from interested stufurther liberal domiagainst a reaction faculty. dents and academics, nation of university politics of the Society's The chapters Society has Federalist the at many law schools across the members range from libertarian nation with its national office in to what might be called neo-conWashington, D.C. Consistent with servative. We pride ourselves on the Society's convictions, each being free-thinkers and we tolerchapter retains virtual autonomy ate and encourage the dissemiover its own affairs. The Buffalo nation of all credible viewpoints; Federalist Society Chapter was the Society extends an open inviestablished a yearago by a small tation to other student groups to group of students determined to engage us in debate. If you are unable to attend our provide an alternative organizaSeptember 20 meeting or would tion for law students truly concerned with the preservation of like more information about The Federalist Society, please conthe federal system. The Federalist Society is tact Tim Jipping (box 662), Chris Bieda (box 575), Art Scinta (box unique in that it is an independent student group. We believe 560) or Randy Donatelli (box 349). that the effectiveness of the organization would be comproI conclude with a passage from mised if subject to the constant the Federalist Papers, a collection ofessays not often found on scrutiny of theS.B.A. A top priority of the Society is to attract new the reading lists assigned to members. We encourage all in- today's student despite 200years terested students to attend our of recognition as the definitive source of constitutional interpenext meeting, to be held Thursday, September 20, at 4:00 in the tation. James Madison, in Fedfirst floor student lounge. The eralist No. 78, said: "The Courts must declare the sense of the Society's meetings always feature lively discourse on the law; and if they should be disposed to exercise WILL instead weighty issues of the day in a reof JUDGMENT, the consequence laxed, informal setting. Currently, we are planning a host of would be the substitution of their pleasures to that of the legislative body." • SBA Urges Involvement by Craig Atlas Law school seems to attract people who have either been involved in student government or intend to run for President of the United States some day, or both. So you shouldn't be too disappointed to learn that the Student Bar Association (SBA) isn't a drinking club, but the law student government. All U/B law students are members of the SBA by virtue of paying a $19.50 fee each semester and are entitled to participate in SBA activities, run for positions on the Board of Directors, and vote for officers and directors. Just as no one really knows what the "Buffalo Model" is, when you have 800 budding constitutional scholars around, no two U/B law students seem to agree on exactly what the true function of the SBA is. The Board meets weekly to approve ap- to committees, pointments spending of money, programs and activities, and various resolutions. All law students are welcome to come to the meetings and to speak. Notice of meetings is posted on the SBA bulletin board in the second floor mailroom, and on the door of the SBA office on the first floor ofO'Brian Hall (to the right of the bathrooms). The Board speaks on behalf of the student body by passing resolutions on matters of interest. Sometimes this can become quite controversial, e.g., last year's resolution condemning U.S. involvement in El Salvador. Many people feel that the most important thing the SBA does is to pass the annual budget, which amounts to about $34,000 this year. Much of this money is used to fund the various student organizations which are chartered by the SBA. Information about joining these organizations is provided at orientation and shortly thereafter. Groups of ten or more law students can also start new organizations. Orientation was funded partly by the SBA and partly by the administration (i.e., by tuitionand state taxes). In addition to funding student groups, the SBA also puts on annual events such as the "Law Revue" talent show, hosts speakers, and sponsors parties. Elections for positions on the SBA Board of Directors will be held within the next week. Each class votes for 6 directors. To run Student Act continued from page I poses, if at all. Tenured profes- sionals who abuse thecivil rights of their clients would be subject to the same prosecution as any other citizen. There is no reason that academic freedom has to result in academic tyranny. Not only are many enrollees denied help through the standard instruments of student advocacy, but often through their attempts to press for rectification by private means as well. An individual's demand to be listened to, to be practically assisted, is all too often disparaged and routinely ignored by those who hold authority in school systems, colleges and universities. And the worst aspect of the bias of schools toward self-protection and against those who fill their classes and coffers is that any challenge to their power is resisted by official silence. A Student Rights Protection Act designed to safeguard the well-being of our technicians, professionals and scholarsof the future will not be debated, approved by public vote and implemented any time too soon. for a director position, you need to turn in a petition signed by 10% of the students in your class year. Any law student can run for the SBA office of President, VicePresident, Secretary, or Treasurer. This requires the signatures of 10% of the entire law student body. More information about the election, and petition forms, are available from the SBA. In addition to elected positions on the Board itself, there will be a number of openings on committees. Student members oflaw school committees are selected through an interview and appointment procedure. Committees of the SBA itself are generally made up of any interested volunteers. You don't have to be on the Board to be on a committee. Some committees rarely meet; others are very active. For example, the fact that you are now reading this article means that the Admissions Committee Editor's Note to the Readers: The decided to give your application preceding article was published the "thumbs-up" sign. in the Thursday, June 28, 1984 Your degree of involvement is edition of The Buffalo News. It up to you, of course. While relawas reprinted with the permistively few people hold elected sion of the author. Anyone who SBA positions, most law stuwould be interested in composdents at some time get involved ing the text of a law capturing with at least one of the chartered thesentimentsof the authorand/ student organizations or comorpromoting theconcept among mittees. Just about everyone student leaders at the state-wide goes through Orientation and level is encouraged by theauthor Commencement. It may seem a to do so. The author can be conlong way off, but after 3 years of tacted through The Opinion. "Q-ing out", they let you graduate from this place. So, Editor's Note to the Author: This whatever your opinion of the school does happen to be fortuSBA may be, it's bound to affect nate enough to have an organizayou while you're here, and to tion. Group Legal Services, give you something to talk about which will provide legal assistother than Bea Plaintiff or Rob ance to students. However, it is Remedial. limited in its funding. — — �Meanderings: Cross Country Traveler Recounts Experience by Andy H. Viets to hit the road. It's always nice seeing them for a couple of days Editors' Note: At the close of (especially since it's free), but I classes last semester, Andy H. can feel paradise beckoning me Viets set off on yet another ofhis forth. I am soon back on Incross-country ventures for his terstate 80 heading west and adopted homeland Santa Bartransversing the great (and bara, California. This column is seemingly endless) plains of the first of a two-part account of lowa. I stop for the night at that — his summer's "meanderings." — May 18 It is a dark and rainy morning. Actually, it's worse than rain. It's starting to snow. I thank whatever gods there be that I am getting the hell out of Buffalo, which even at this late date in the year remains a frozen waste land. I make my way onto Interstate 90. It rains through New York, Pennsylvania and Ohio all the way to Cleveland. On the other side of that immortal city, the sun comes out, the temperature hits ninety-five degrees, and the humidity starts draining most of thefluids out of my body. I soon hook up with Interstate 80 which will lead me to Chicago and the first of several stops at thereal hotspots in this country Crystal Lake, Illinois. This is the first of my twice a year visits to my brother and his family. I catch them on the way out to California and on the way back to New York every year. I hope that next year it will just be on the way out. — — May 20 After a couple of days with my brother, sister-inlaw and nieces, I am again ready second hotbed of the American Midwest Council Bluffs, lowa (don't knock it—forfourteen dollars I get a motel room with a bed, a black-and-white television, a kitchenette, and even a — bathroom). May 21 — Once again I am on the highway, this time making my way through Nebraska. A — thought hits me what better tape to put on than Springsteen's Unfortunately, "Nebraska?" though, I do not have that tape, so I have to settle for Kansas' "Point of Know Return." Geo- graphically I am about a hundred miles off, but hey, that's rock'n'roll. At the end of the tape, just for fun, I tune the radio to an AM station to listen to the hog and soybean reports for awhile. For lunch I stop at one of the hoppingest towns in all of Nebraska North Platte where there is a pretty good McDonald's I know. After putting away a Big Mac and fries, I am back in the car driving along Interstate 80 which I soon exit for Interstate 76 which will take me to Denver a legitimate city. I stop for the evening just before I hit the Rocky Mountains. — — — — It is morning. The May 22 mountains stand before me in all oftheir power and glory. This will be my third trip through this part of the Rockies in less than a year, but I think that regardless ofhow many times I take them on, the feeling will always be the same wonder, ecstacy, pain, pleasure. I stop several times to get out of the car to look around and to say over and over again: "Oh wow, the Rocky Mountains." Other travellers stop and do the same. We soon break into a stirring rendition of "The Hills are Alive with the Sound of Music" which would make JulieAndrews proud. Driving on, however, the sensation ceases as I roll into Utah. The less said about that state the better. It has got to be one of the most — — — May 27 San Diego is nice, but my Garden of Eden is calling me. I get back in the car for one last extended period of driving. Less than five hours later, I am there. TheSanta Ynez Mountains are on my right. The Pacific Ocean is to my left. Santa Barbara is directly in front of me. A sensation returns which I had not experienced since the previous May 23 I am on Interstate 15 January I am once again tonow, heading south through the tally laid-backand mellowed-out. desertsof Nevadaand California. I am at peace with myself and It is hot and windy, but I am getwith the universe. I am "home." ting closer and closer. My body is already beginning to feel betNext Edition: Andy's summer ter. My mind is clearing. My first sojourn in the sunshine state destination in this incredibly continues as he takes on the awesome state is San Diego to California legal system with the see my sister, her husband, and biggest and baddest law firm in theirtwo kids. This cross-country all of Santa Barbara. venture is nearly complete. — — Buffalo Offers Cultural Sites by Lisa M. Roy to do that is by taking a walking United States in theWilcox ManSo you have made it into one tour of downtown. The tours sion and the Mansion's exhibits of the finest law schools in the begin at the Wilcox Mansion, 641 depict the history and events of country except it's in Buffalo, Delaware Avenue, and cover the that time period. The Mansion is open Monday through Friday New York. At least that's what Allentown area, Delaware Av5 p.m., and many of you are thinking as you enue, downtown. Main and from 10 a.m. contemplate spending nine North Pearl. The cost is $2.00 and weekends from noon to 5 p.m. dreary months in the blizzard you must make an appointment While on the subject of capital of the northeast. Never by calling 884-0095. museums,. Buffalo is host to fear boys and girls. There are lots While you are waiting to go on many other fine exhibits. The Alof things to do in Buffalo and all your tour, check out the Wilcox bright-Knox Art Gallery is world within a law student's budget. Mansion. Not only is Buffalo fa- renowned for its collection of Get to know the city while the mous for snow, but the city was modern art. It is located at 1285 weather is still nice. A good way the Presidential inauguration site Elmwood Avenue across the velt became President of the of Theodore Roosevelt. Roose- street from Buffalo State and is open to the public free of charge - U/B Violates Rights of Ph.D. Candidate by Gail A Fischer A case has gone unresolved for years in which charges have been stated against StateUniversity of New York at Buffalo per- sonnel for violation of laws at both state and federal levels. One-time Adjunct Professor in SUNYAB's Religious Studies Department Rabbi Morris A. Cohen was the subject of an effort to have him expelled from that school's Clinical Community Psychology Program in 1969and also, he said, of a character assassination attempt during the later 19705. "Living in a society where the State provides all the lawyers to defend the faculty against the students and the students can't be defended against those who may hurt them, is frightening. A person should not lose the rights of due process when he or she becomes a student at a university," Rabbi Cohen said in a recent interview. His problems began in the spring of 1969 when Ph.D. candidates in the Psychology Department's Clinical Community Program were given the option to write their own preliminary examinations. While several students handed in their final statement of choice past the deadline, Rabbi Cohen said his was rejected on the grounds thatit was late. At the same time it was revealed to him that members of the faculty were questioning his good standing in the program. To this date he said he has never been told who those accusers were, nor has he had access to complete files documenting the criticism lodged against him. Rabbi Cohen explained, "I had absolutely no idea who my accuser was. I never had a platform to investigate the issues from. What was dealt was an attack ad hominem—on me personally — rather than an investigation of Indeed, Rabbi Cohen had been the issues." accepted into the program with Earlier in 1969 Rabbi Cohen full acknowledgment that he also had refused to cooperate with worked in service to the commuClinical-Community Psychology Professors Edward S. Katkin and Murray Levine regarding theirresearch on inmates at the Attica Correctional Facility. They had wanted him to contribute his expertise in the use of projective techniques to their critical study of the New YorkState Penal System. Rabbi Cohen, who was supporting a family of four, believed the request to be in conflict with his own interests as well as those of the men incarcerated in Attica. By challenging the motivations professional and interpersonal— of his superiors. Rabbi Cohen jeopardized his own well-being as the recipient of a Veterans Administration Assistantship. spread controversy The throughout the department and came to involve many others in graduate psychology study, who took the opportunity to raise student rights issues. A committee was formed by the Psychology Department Student Association and chaired by PDSA President Charming Johnson to debate the case because of the awareness that an unjustified campaign was underway to have the Rabbi ousted from the Clinical program. An accusation made against him was that he demonstrated limited commitment to psychology because hisoutside employment and family obligations competed for his time with graduate study. While it is true that during the first years of his attendance at the State University of New York at Buffalo Rabbi Cohen held part-time positions elsewhere, it is also true that such necessary arrangements are not unusual, and are commonly practiced by tenured faculty throughout the University. — — desolate, ugliest, and hottest places on the planet. After having driven through it several times now, I can definitely see why they used to use theplace as a nuclear testing zone. I stop for the night at Beaver, Utah, just one more of America's dynamic metropolises. I am twenty-four hours from paradise. nity. An investigation led by Professor Leßoy Ford cleared Rabbi Cohen of all alleged concerns. In a letter to him dated June 19, 1969 Levine referred to Ford's findings, explaining, "There was insufficient hard data to warrant a recommendation that you be requested to leave the program." But because a stipend was no forthcoming, Rabbi longer Cohen was forced for financial reasons to withdraw from SUNYAB, thus forfeiting the Ph.D. which he was less than two yearsaway from having earned. The matter might have remained closed were it not for the use of the same dossier of materepeatedly denied to rials Rabbi Cohen and which Levine's own letter invalidated to incriminate him nine years later. Employed as a school psychologist. Rabbi Cohen had been openly challenging the policies of Buffalo Public School Superintendent Eugene T. Reville as well as protesting non-receipt of back pay to which he is entitled. He stood alone in declaration of his conviction that the students of Buffalo were being routinely railroaded into programs which failed to either remediate or educate them, often administered by individuals with insufficient credentialsin theirappointed fields. In early winter of 1977 theBuffalo Board of Education solicited Rabbi Cohen's entire file located at SUNYAB's Psychology Department to be used as evidence against him in a case involving testing of a retarded student. a consultant for the Levine Board of Ed since the late 1960s —provided testimony which it was thought would result in the — — — Tuesday through Saturday, 11 a.m. 5 p.m. and Sundays, noon to 5 p.m. The Science Museum and Historical Society also sport - Rabbi's termination from the Buffalo Public School System. fine collections. The Science The Board and its collaborators Museum is on Humboldt Parkfailed in their efforts and Cohen way and is open daily from 10 was completely exonerated by a a.m. 5 p.m. Admission varies panel of judges from the New from $.75 $1.00. The Historical Society is housed in the only reYork State Department of Educamaining building left over from tion. Both Levine and then Psycholthe Pan American Exposition. Loogy Department ChairmanKenneth cated at 25 Nottingham Court, W. Levy had been issued subthe museum is open Tuesday 5 poenas on December8,1977askthrough Saturday, 10 a.m. ing that they appear with records p.m. and Sunday, noon to 5 p.m. on the former graduate student Admission varies from $.50 to before the panel at a hearing $1.00. scheduled for early December Both the Historical Society and 12, a Monday. Both men sent the Art Gallery stand on the edge Rabbi Cohen a copy of that subof Delaware Park, home-to the poena on Friday the ninth cerBuffalo Zoo. The Zoo is open tain not to reach him or his from 10 a.m. 6 p.m. and offers lawyer Robert Clearfield over the camel and elephant rides. weekend and in time for MonBelieve it or not, Buffalo is one with identical of the only industrialized cities to day's hearing statements of where and when have a wild life preserve within the city limits. It is called Tift they would be bringing the information. Farm Nature Reserve, located at Citing the Federal Privacy Act 1200 Fuhrman Boulevard. Open of 1974 in a letter to Rabbi Cohen daily from 9 a.m. 5 p.m., Tift dated March 7, 1983, SUNYAB Farm has many hiking trails open Dean and Professor of Law to nature enthusiasts and bird Thomas E. Headrick wrote that watchers. Tifts offers a changing "federal law prohibits invading array of summer and winter privacy of any student" including events such as hayrides and "identity of whether an indisnowshoeing. For more informavidual is a student." However, tion, call 896-5200. the record indicates that no disFinally, if theater is your pascussion of whether to reveal the sion, there is still time to visit file on Rabbi Cohen within the Artpark this season. Located in Department was ever held. LetLewiston, New York, on the Niagters sent to the defendent in 1983 ara Gorge, Artpark combines fine from Professors Joseph Masling, theater and art in a unique and Ira Cohen and Katkin all confirm sometimes spectacular fashion. that none were informed that a Call the box office at 754-4375 or former student's records had 694-8191 for a listing of evening been subpoenaed, also that none performances. While the season had given their permission for ends soon at Artpark, thecurtain that dossier to be released. is just about to go up in Buffalo's Levine and Levy were asked to theatre district. September 21 is pull the personal file of a previopening night and includes a ous student and present it .in a three-act extravaganza attracting court of law as representatives nearly 10,000 people. For further of a group of individuals, the information contact: Dick BeSUNYAB Department of Psychol- zemier at 856-1290 or Ed continued on page 7 Williams at 847-0430. - - - — - — - September 17, 1984 Opinion 3 �... by Cliff Falk I Vedge's Law Poetry Corner . . . by Victor J. D'Angelo Placement July '85 seems a long way away, I can't believe I'm in school before Labor Day. I gotta get a job, we all know that's true, I'll have shipped out 100 resumes before September's through. Hey Audrey, can you please place me, Can you find someway to hide my 'D. My New Locker Those of us in the third year class. Finally, at long last, got big wooden lockers. They gave me one, on the second floor Not far from, the library's secret back door. (The damn thing's too small) 4 Opinion September 17, 1984 Yeah, I can't even fit. My three ring binder in it, imagine trying to stick in a winter coat. Of course, I'll keep it though, Cause I gotta show I made it to the third year. Welcome Back Dean Headrick, I haven't seen you, How was your summer, What did you do? You know they'reteaching animals and the Law, Roll over boy, give me your paw. You know there's meters where I used to park my car, Now I gotta walk ten times as far. What a wonderful way to welcome us back. �The Opinion Recruitment Party . .. September 17,1984 Opinion 5 �Vedge's Law . . . by Cliff Falk Vedge's Law . . . by Cliff Falk 6 Opinion September 17, 1984 �Summer Intern for D. A. Violates Model Code by Pudge Meyer I went home this summer, home to Carson County. After three weeks of prodding by my old man, I got off the lawn chair to set up an interview with the District Attorney's Office. I wore my old man's tie, my brother's sport jacket (in violation of CDO) and my neighbor's deck shoes. I happened to find a pair of pants and shirtof my own. I shook off the cobwebs, got dressed, and headed uptown. First thing I noticed when I walked into the office was Camille, the receptionist. And boy, was she Sorry, wrong story. She offered me a seat and asked if I'd like a cup of coffee. I said yes; cream, no sugar. I hate coffee. I sat there for a while. Three cups later I was directed to a certain door. "Knock and enter" I was told. I thought that only happens at the dentist. I entered, shook hands with a man, and remained standing. Assistant DisAttorney (Hereinafter trict A.D.A.) Clift let me stand for two minutes as he glanced over my resume. Then he too offered me a seat. As he shuffled papers I had time to study this man, this A.D.A. He had an imposing brow and a green plaid jacket. Weird thoughts ran through my head. What if I was the only applicant? What if I got the job? — To break the ice and mend my ego, Clift started the interview by referring to my personal interests. "And just how long have you been building midget stock cars, Mr. Meyer?" I told him that, well, I've never really built one, but I hoped to get around to it real soon. He jumped to athletics. told him yes, play tennis very well. He said one of the A.D.A.'s plays every day. "I can beat him," I blurted out. He said that the office was looking for someone who would beat him. We then engaged in some legal small-talk before he sent me to another door. By this time felt I had the job, so I walked in Iand sat right down. I was looking at Phelps, another A.D.A., and what a mustache. He got right to it. Here was a man who at a relatively young age had mastered the art of cutting through unnecessary niceties. "Crenshaw, the other A.D.A. Can you whup him?" "Shit yeah," was my reply. Then I remembered my old man telling me to always use the King's English. "— I mean. Shit yes." That was all he needed to hear. "You start Monday." ill. Monday morning, 8:45. I walk into the office of the District Attorney himself, Mr. Jergens. A boyish face on a white rhino. Even when he jokes the plants in his office turn away. "SO YOU'RE STEVE MEYERS," he roared. "Yes sir, that's MEYER." If the old gang could see me now, I thought to myself. Who would've believed there would come a timewhen someone would call me "Steve." Mr. Jergens introduced me to the secretarial staff. They seemed nice enough;- but with one exception, they were all old enough to be my older sister. I said my hello's and got right to work. I found myself assisting the prosecution on an attempted rape and assault 2nd. The A.D.A. assigned to the case: Crenshaw. There we were in the middle of the trial. Defense counsel, a Buffalo alumnus, had finished her redirect. The Judge enquired as to re-cross. "If I may have a minute, your Honor," asked Crenshaw. He turned to me. "I have about a half hour's worth. I can do it now, or we can wait til to11. morrow. What do you think?" I cleared my throat. "I would be I accepted the position on con- wise to immediately attack some dition that I get my own air-conof the misrepresentations made ditioned office. I got it. I also got by the witness, instead of letting an advance on my salary and desuch falsehoods sink into the posited it in the MEN'S SHOP at minds of the jurors overnight. If SEARS. It was enough to buy one you wait until tomorrow, you'll shoe. lose the impeaching effect.". I I — S.B.A. Candidates Sant and Gottlieb Propose Reforms continued from page I As a comparison, Sant points out that the Dental School has a $5,000 social line while the Law School, with a larger budget, has only $1,800 in their social line. Sant feels that more students would receive a return on their activity fee if more money was allocated for things like TGIT (Thank God It's Thursday) parties. Sant also saw a lot of abuse last year with the phones in the SBA and the copiers. "There were five computer sheetsof unclaimed bills which the SBA paid for," said Sant. "There has to be greater security. Just as the phones were turned off, so were the copiers." Sant cites some of this abuse as a result of people abusing their privileges and not looking out for the best interest of the students. When Sant turned off the phones and copy machine, he did it with the best interestof the students at heart. He did it on principle and after a cost-benefit analysis. Sant uses the same method when he votes. "I didn't vote to please anyone or to make political friends. I feel I am a well-versed person in school on the issues and speak for the majority of the school when I vote." For example, Sant said it was for this reason that he opposed granting the Buffalo Public Interest Law Program money so they can pay students. He offered to make it a referendum but it was refused. Sant is also opposed to the SBA passing resolutions ex- Buffalo Law Review Names New Members The Buffalo Law Review is pleased to announce its associates for the 1984-1985 school year: Peter J.Alessandria Margaret C.Abate Ann M. Baker Christopher J. Bieda Brenda Bland Mary Anne Bobinski David P. Chapus Mark Cramer Quincy Cotton Brian G.Hart Karen Hassett Cheryl L. Johnson Joan M. Kuechle Ross P. Lanzafame Ruth A. Lund Timothy G. McEvoy Karen McMahon Stuart Mermelstein Ann Patterson Kristin M. Preve Terry M. Richman Dianne Russell Caroline Silk Sheila Skojec Martin Tyksinski Karen Vance Mary E.Virginia MichaelWhelan These people were selected upon the basis of theirfirst-year grades and evaluation of a casenote submitted after a competition last semester. "But it's already 4:40P.M. Will be home by 6:30 for dinner... " Crenshaw looked away as I spoke, and he stood up. "If it "What?" "I figured we could play tennis pleases the court, I'd ask for an adjournment at this timeuntilthe when we got out of here." "Gee I don'tknow. We won't morning due to the length of rebe out ofhere until 5:30,and then cross examination." To be continued... I have to change, and I have to you be around afterwards?" — C.D.O. Schedules Practice Interviews The personal interview is an Also, please come to the workimportant part of the hiring proshop dressed in your interviewcess. In order to help students ing attire. After your resume, develop some perspective on the your appearance is an important event and provide some inter- factor in an employer's impresview experience and feedback, sion of you. the Career Development Office Finally, students who sign up will conduct a series of Practice for the Workshop must be willing Interview Workshops. Although to take an active part in it. it is currently limited to second Whether being the interviewee and third year students, it is or an observerof an interview seCDO's goal to open the Workquence, you must be willing to shops to first year students. discuss your reactions, opinions The program will consist of small groups of students (not more than 5) who will be indi- vidually interviewed by an attorney or third-year upperclassman. Each interview will last about 5-10 minutes and be videotaped. The tape will then be played back, reviewed and discussed by the interviewer, interviewee, and other members of the small group. The interviewers will usually be attorneys from the Buffalo area. In many cases, they are members of their office's inter- viewing team. Upperclassmen who will be serving as interviewers will be third-year students who have had a summer associate position and/or substantial interviewing experience. Because we are trying to make this interview as realistic as pospressing political sentiments. sible we are also requiring that "People feel they have a right to you provide us with a copy of make a political statement which your resume at the time you sign they deem representative of the up for a slot. The resume will be students," he said. "I don't feel given to the interviewer in adthis is their perogative. I pur- vance. posely walked out of a meeting to lose a quorum so the SBA couldn't pass a political resolution." If elected President, Sant would like to see a promotion of placement and the school's image, something he feels go hand in hand. "Locally, attorneys know U/B has a good image, but outside, attorneys think of it as a good school but not ranked as high as claimed. We have to convey that we are doing a good thing." Santfeels this can be accomplished by greater alumni contact such as utilizing alumni luncheons to their full extent and sending The Opinion to alumni and other schools. Sant also would like to see the SBA get back to basics and deal less in politics. "People in the SBA last year were adverse to me because I refused to make political friends," said Sant. He cites as an example, the selection of members for the Finance Committee which hechaired. Instead of allowing all thirteenapplicants to sit on the committee, the SBA felt it was necessary to limit it to eight. By doing this, Sant felt the SBA turned away students interested in getting involved, especially some first year students who may have sensed a futility in trying to participate on the SBA their student organization. In closing, Sant said, "The job of SBA president has great potential and I hope either candidate will exploit those possibilities." — and make recommendations. If you would like to participate in a Practice Interview Workshop, please stop by CDO to sign up for one of the available slots.The scheduleof the initial workshops is as follows: — — Sept. 18 3:00 p.m. Interviewer: Barbara Kavanaugh, Tuesday Wednesday — Neighborhood Legal Services — Sept. 19 4:30 p.m. Interviewer: Paul Weaver, Jaeckle Fleischmann & Mugel Tuesday Sept. 25 6:00 p.m. Interviewer: Virginia Sietz, 3d-Year Student Summer Intern, Migrant Legal Action Program, — — Washington, DC The practice interviews will continue into November. Dates and times will be posted in the CDO office, Room 309, as they become available. : :'; : CDO also will continue with its One-on-One Attorney Program, which gives students a chance to meet with an attorney for a day. More information about this program will be forthcoming. Actions of Psychology Department Questioned continued from page 3 ogy. Yet the two reached their decision to act in response entirely on their own. In doing so, the pair appear to have violated federal law in offering such immediate and unquestioned compliance to a State subpoena. "The sociology of the faculty of the University requires that students should have legislated protection against this kind of arbitrary and hierarchical action on their part," Rabbi Cohen maintained. "They had their own kind of kangaroo court." Documentation shows that Levine, who finally testified before Professor Alice Grant and the State Education Department panel on January 2, 1978 perjured himself during his appearance on that date. His statement "the faculty would have dismissed him" (although he himself wrote that there "was insufficient hard data") and similar comments support this allegation. Rabbi Cohen said, "Here in this case is proof that institutions have connections with institutions and they can conspire together against an individual." He has had suspicions of an administrative cover-up since. In letters sent in early February, 1984, he requested that his personalrecords and other pertinent documents be made accessible to two Buffalo journalists. Edward Katkin, Professor and Chairman of the Psychology Department, wrote of his discomfort "in taking responsibility for opening up your personal files to 'strangers'" in spite of Cohen's explicit desire, expressed in writing, to have those named read them. Response came from SUNYAB Vice President for University Services Robert J. Wagner on March 8, 1984 corroborated by SUNYAB PresidentSteven B. Sample on March 23 determining that Cohen's "records will only be made available — — to you, not your agents." It must be noted here that this was the first time that Rabbi Cohen was givenpermission to view his own file in fifteen years of repeatedly asking to see it. Rabbi Cohen believes because there are probably many cases similar to his,.some documented and others unrecognized, it is important that a specific plan of action be advocated by student governments and organizations. He expressed a fear that "There are times when fighting for your rights in the University ends up in your being just 'dead right." September 17,1984 Opinion 7 �Pudge's Corner: The Jaeckle Center For Champions Galore by Pudge Meyer High atop on Pudge's Ledge I look upon everyone who enters the library. The first week of school traditionally places an apprehensive look on the faces of first-year law students. But this year I noticed something different. It seemed like all the students had a perplexed look. I asked myself why. Thenit hit me. Pinklon Thomas is a heavy- .. weight champion. I ran to the nearest mirror — STATE AND LOCAL GOVERNMENT LAW The Jaeckle Center seeks to improve the quality of its involvement in state and local government issues. As part of this commitment, the Center is considering inviting state and local government leaders to meet informally with students at brown bag luncheons (12:15 p.m.. Faculty Lounge, Room 545) on a regular basis this fall. Before inviting these guests, it is important that we have an indication of student interest and availability. Kindly complete the questionnaire below and place this in the box available in the mailroom or twelve rounds. Sebastian Coe would be laughed out of town if he were heard to say, "Yeah, but can Carl Lewis run the mile?" Pinklon's jab found Whitherspoon's face all night. Strange thing, considering Holmes couldn't do it. No one is going to give it to Cleo, Room 319. QUESTIONNAIRE seriously contend that Pinklon has the better jab. Tim just didn't want to fight. 1. I would be likely to attend these luncheons (please circle) biweekly He seemed very unenthusiastic. When he got the urge to throw more than one punch at a time, — Thomas. He earned his fight with Whitherspoon, and he beat him. Maybe we should call him the Whitherspoon Champ instead of the World Champ. I guess I just had trouble accepting Whitherspoon as champ in the first place. Only with guys like Don King can you have a fighter like Whitherspoon lose to Holmes and then become the Champion a few months later. Thomas is a swell fellow. He really is. No lateral movement. I'm glad he got a decent payday. No foot-speed. I hope he becomes a good role model. Average hand-speed. He really is a success story. Punches with the arms instead of from the shoul- der. I wish him the best of luck. Please, Pinkton stay away from Holmes. — not interested . Unlikely to attend N.Y. Congressional delegation (available M,F only) N.Y. State Assembly (M, F only) Key officialsof state agencies County or City Legislators County Attorneys City or Town Attorneys City, County Dep't Heads __ ___ 3. Indicate here any specific subject matters of interest you would like to see as the focus of a meeting: 4. Indicate here any specific persons you would like to have the Jaeckle Center invite: Law School Athletes Show Superiority by One L. Sec.ll As the Major League baseball season is coming to an end, the lead and maintained the lead for the rest of the game. There were University's CenterfielderJoel Schechter was Resmick, leftfielder John Fora little unhappy with the team's mica, first baseman Tracy Harname. However, rightfielder Will rienger, and third baseman Keith Zicki pointed out that at least it Fabi. is descriptive. The team is very confident that Before the game started, John it will reach the playoffs and win Wooding of the undergraduate the Intramural Softball Title. "We team asked, "You guys are law felt that as law students there students?" Law school pitcher was no way we could not win the Kevin O'Shaughnessy replied, game. If we saw that we were "Yea, we're nerds." Intramural some excellent defensive plays particularly from shortstop Rick Fall is just beginning. In the law school spirit of always wanting to be represented, a group of first year students entered a team. The squad, better knows as One L. Sec.ll, dominated a supposedly tough undergraduate team by the score of 8-0. At the start, the One L. Sec.ll team jumped out to an early 3-0 Softball season .( going to lose, we would just argue ourselves a win," stated team captain Brian Bornstein. PASS WITH PIEPER N ID m 10i 8 fl 05i (0 The Pieper seminar is now the hot" bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. ; #9 ! I John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 S OCS I i c _ bimonthly Likely to attend — he occasionally landed which talk about looks! Think about suggests that had he decided to Thomas that... Pinklon mix it up a bit more, he might Anyone who saw his bout with have won. So much for suggesTerrible Tim Whitherspoon tions. He didn't throw, he didn't knows of course that Pinklon did move, he didn't defend. He stood win the fight. I grant him the vicright in front of Thomas all night. tory; I just can't get over the conIt seems like Whitherspoon took sequences. Wilfred Benitez' course on how Terrible Tim fought more like to forget to be a fighter. Tiny Tim. This was not the same I really don't mean to knock fighter who almost beat Larry Holmes last year. In that fight his crab-like defense rendered Holmes' jab ineffective. He counter-punched effectively, and should have laid Holmes to rest in the eighth round. He lost the decision, but won respect. Enter Pinklon Thomas. Nice man. And wouldn't it be nice if he became Champion. It makes a great story former drug addict opts for the straight and narrow, turns his life around, and we know the rest. There's only one problem: He's a mediocre fighter. We'll never really know what happened to Whitherspoon. He did come on in the later rounds, he might have won. But the fight was twelve rounds. A camp with any brains has its fighter train and prepare a fight plan for monthly 2. I would be interested in meeting with people involved in the following areas: I > < L EARLY REGISTRATION DISCOUNT UNTIL DEC. 1, 1984 See Your Pieper Rep: 0 c Joseph D. Coleman Penny Rubin Deborah H.Williams _S 8 Opinion September 17, 1984 Richard Eric Gottlieb Richard Schaus ) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-09-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/17/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/38c1d8983d26e4e4fcec8473e6a95257.pdf 2e1a06569b14fc704c8ee55895dc23a7 PDF Text Text Vol. 25.1 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 18,1984 FSRB Subcommittee On Dishonesty Meets by Mary Ellen Orvis On April 3, 1984, a Subcommittee of the Faculty Student Relations Board (FSRB) held its first open meeting to which all members in the UB Law School community who had information, advice or complaints relating to academic dishonesty were invited. Three students attended. The Subcommittee, which is comprised of third-year students Keith Martin and Jill Paperno and Professor Charles Carr, was authorized by the FSRB to conduct investigations into all aspects of the problem of academic dishonesty shortly after the FSRB received a letter on February 27, 1984 from Moot Court Board Director According to Professor Carr, manner, claimed Maffucci, the open meeting was not a students will be put on notice hearing per se because no that academic dishonesty in sworn testimony was taken. the form of library abuses will The purpose of the meeting, result in "immediate disnonetheless, was to hear peoqualification" from the comple's complaints and ideas in petition. an effort to identify the scope All participants in the April 3 of the problem. Only then, meeting agreed that the pracasserted Carr, can a response tical question of how to stop be formulated and possible academic dishonesty is a hard one to answer. Professor Carr sanctions be considered. At the April 3 meeting, speculated that "since ÜB's second-year student Terry grading system itself doesn't Brown-Steiner reiterated for serve to distinguish students, the Subcommittee his story of students may feel compelled finding twenty-seven volumes to seek distinction through of bound law reviews while achievement in Moot Court working on the fifth floor of competitions." The FSRB Subcommittee the law library. (See Brown Steiner's letter to The Opinion, March 14, 1984, page 2, "Our Readers Write."). Dan Pease requesting "any Bill Maffucci, in his capacity help you may be able to give as Editor-in-Chief of Buffalo us in this matter." Law Review, told the FSRB Pease in his letter addressed Subcommittee on April 3 that "an alarming level of destruc- during the first phase of the tion and abuse of the Law Review's casenote competilibrary resources during last tion, which was held over Spring break, one first-year stusemester's Desmond Competition" and the "present abuse dent encountered problems of library materials" during the finding library sources. MafMugel Tax Competition, confucci explained that the cluding that "[t]his situation Review has posted a billboard not only threatens the educain its office so that students tional benefits of the competi- who have difficulty locating library materials during subsetion itself, but also significantly impairs the ability of all law quent phases of the casenote students to effectively utilize competition rrtay advertise the the library facility." name of the source. In this Sex Abuse Problem In the United States by Marty Smalline A commonly cited statistic in the field of law enforcement indicates that every six minutes an incident of sexual abuse or rape upon a woman is reported in the United States. Worse yet, this figure does not encompass those occurrences which are not reported; nor does it reflect the incidence of abuse against males which may be less familiar to the public but equally as serious. In a community such as Buffalo, each of us must face the possibility that at some point we may encounter a situation where sexual abuse threatens one of us or someone we are close to. It may be valuable, therefore, to be aware of some of the major concerns related to it. Precaution and Prevention Recently, many citizens have sought effective defense measures to protect them from a sexual attack out on the streets. Some have become proficient at actual selfdefense techniques while others have resorted to weapons ranging from house- keys to handguns. Due to these precautionary measures,- a secondary concern for the safety of the victim has arisen in that one may increase the danger of injury or death by implementing such defenses when the disposition of the attacker is largely unknown. Alice Sullivan, a member of the Erie County Citizens Committee on Rape, was asked on WBNY-FM how this possibility should be treated. Sullivan emphasized the importance of assessing the situation realistically. She conceded, however, that the trauma of the encounter often inhibits rational thought and stressed the danger that weapons carried for defense may be used against the victim. If it is a deadly or inherently dangerous instrument the possibility exists that the attacker may seize it from the victim. Sullivan suggested other means such as kicking and gouging the assailant, although this too is in danger of enraging a potentially lethal attacker. Sullivan is committed to teaching measures for avoiding and preventing a potentially continued on page 9 also faces the task of recommending due process requirements in any investigation of academic dishonesty. "First, we have to let people know from the outset that they are expected to live up to certain standards," asserted Keith Martin. Then, according to Carr, the Subcommittee must determine whether "pro- cedures conform to due process standards, that is, is there adequate notice of the penalties for academic dishonesty? We know that the Law School has issued disciplinary rules related to examinations, but what if the instance of dishonesty is not exam-related?" In furtherance of its delegated task.the Subcommittee has met in private with third-year students David Marcus and Ken Schoetz of Law Review, Dan Pease of Moot Court, and Ellen Gibson, Law Librarian. To date, no students responsible for the library abuses have been found. "I doubt that anyone will be 'caught'," states Carr, "unless someone comes forward with specific information." The Subcommittee will issue a report at the end of its investigation to the Chairman of the FSRB and, hopefully, to the student body at large. Buffalo Law Review Passes Affirmative Action Policy He been a continuing source of disadvantage." socio-legal debate, is how to explained that this is a On March 29, 1984, the remedy this past abuse. factor which would consider and members of the Buffalo Law Proposals ranging from a motivation Review an position that the problem determination as well as passed ability, Affirmative Action Policy over time will remedy itself, demonstrated amendment to the Review's to the more aggressive something which is not Constitution. This policy position for an affirmative sufficiently characterized by program have the other two factors yet is was the result of an effort action in important begun by third-year student developed society-wide. just as well the determining most feel that the how Although who was Tim Brock, position is candidate will perform on chairman of the Casenote former indefensible and untenable, the Review. To support his Competition Administration Committee in 1982. From defense for the latter argument Brown-Steiner this initial effort, another position has been faced with quotes Justice Douglas in of reverse DeFunnis v. Odegaard: proposal was made by claims discrimination. The Review A Black applicant who Terry student second-year in a pulled himself out of the is embroiled similarly Brown-Steiner. As a result, the current Law Review controversy as to what ghetto into a junior college demonstrate a members had two proposals action should be instituted may thereby motivation, of to choose from. Although to remedy the inequities of level preserverance, the and ability past. the two proposals for that would lead a fairminded affirmative action are admissions committee to Affirmative Action Program similar in purpose, they are Senior Editor Brown- conclude that he shows substantially different in the method employed to effect Steiner characterized his more promise than the. son their purpose. Brock's proposal as "a specific of a rich alumnus who broader policy proposal affirmative action policy." achieved better grades at Since the only factors Harvard. ultimately prevailed. According to Brownconsidered in evaluating candidates for the selection Steiner, the presence of this Historical Background When the Buffalo Law of the Review are first-year third factor in a candidate by an Review began in 1951, its grades and a numerical would be determined, Affirmative Action evaluation of the written elected to two main purposes were provide the opportunity for casenote, Brown-Steiner Officer and a specially legal writing and to publish proposed to modify the selected Affirmative Action significant student and selection process by adding Committee, from a two or summary page professional contributions another factor of "long-term three continued on page 10 to legal literature. Since that physical, social or economic by Victor R. Siclari time, landmark decisions by the Supreme Court in cases like Brown v. Board of Education Regents of and Bakke v. University of California have changed the social, and political economic structure of our nation. For the first time de de jure and facto discrimination have been seriously considered. The Court determined that the practice of discrimination is violative of the U.S. Constitution, but that might 6e the only clear decision the Court has made. The real question still remaining, and which has Professor Possibly Denied Tenure by U/B It has been brought to the attention of The Opinion that a non-binding straw vote has resulted in the possible denial of tenure for Associate Professor Michael A. Schaeftler. Until Schaeftler requests a formal vote, no offical decision will be made regarding his status at U/B Law School. When reached for substantiation of this matter, Dean Thomas E. Headrick had no comment, stating that he declined to discuss personnel matters with anyone other than the parties involved. Professor Wade Newhouse was also contacted since he is part of the committee to review tenure, but he referred The Opinion to the Dean. Marjorie Cirth, Convenor, could not be reached for comment. Schaeftler was not in Buffalo at the time of this release and, therefore, unavailable for comment. �Wednesday, April 18,1984 Vol. 25. No. 1 Editor-in-Chief Bob Cozzie Managing Editor \ Victor R. Siclari News Editor: Randy Donatelli Andy H. Vtets Features Editor: Ted Araujo Business Manager: Berger, Ellen Robert Bursky, Victor j. Contributors: Mary D'Angeto, Daniel W Dooher, Cliff Falk, Andy Friedman, Susan Kozinn, Pudge Meyer, Mark Mulholland, Mary Ellen Orvis, Greg Phillips, Craig Sheils, Marty Smalline, Rob Turkewitz, jud Weiksnar © Copyright 1984, The Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Some Things Never Change A year ago in this space the then incoming editorial board of The Opinion published your basic freedom of expression piece commending the Law School Administration for holding the Buffalo Model Open Forum on April 14,1983. The suggestion was offered that all sides should deliberate over the issues and seriously consider possible changes. As the editorial indicated, many felt "that the Open Forum was merely a gesture of appeasement and lacked any substantial commitment to Presidents Corner Reflecting on SBA 83-84 by Greg Phillips It is traditional for the SBA President to write a "President's Corner" for the final issue of each year's Opinion. I suppose this would be a fine time to thank everyone who has been involved with SBA this year, and I intend to do so in due course. But I would also like to reflect back on my three years of SBA involvement and make some observations about this organization. People choose to get involved in SBA for a wide variety of reasons. Some run for SBA office because they enjoyed similar student government in- It seems to us that the ultimate Law in Context course would incorporate the thinking behind critical jurisprudence into the research, writing and work a lawyer actually does within a framework of more traditional course offerings. This would, of course, require considerably more effort on the part of professors. It is apparent, though, that the faculty is not inclined to put this kind of effort into their work. Or, perhaps it does not know how. The Buffalo Model is a failure in the same sense as is the rest of the country's legal education — there is too little emphasis on the nuts and bolts of lawyering. It is time to get back to basics. It is time to make teaching a primary rather than a secondary function. 2 Opinion rioJntqO April 18, 1984 W?i V !««,* reasons becoming people consider involved in SBA, the people that end-up on SBA care about this law and what goes on in it. school SBA members want the student voice to be heard by the Law School administration, cedure and/or Administrative and by all policy-makers who Law, there is much emphasis will listen, whether in the U/B put on procedural process really Administration, in Albany or in continued on page 7 1 Public Interest Placement: What is CDO's Commitment? — statistics. class year. I've found that for whatever Washington. Further, the SBA tries to certify and fund active law student groups that will make the Law School a more interesting, vibrant place in which to spend three years. And finally, we try and bring everyone together with enjoyable social events. Because of these goals and concerns, the SBA Board ends up spending much time and energy discussing our plans and attempting to insure that decisions are made fairly and correctly. Given the fact that we've all studied Civil Pro- Our Readers Write To the Editor: As SBA Vice-President, I have received complaints about the Career Development Office's (CDO) lack of involvement in public interest legal change." careers. I have investigated Now a year later, the new editorial board of The Opinion, these complaints, and would in light of the above, would like to make a couple of like to update students on the observations. First, as the pages of this newspaper have issues. Part of the problem is indicated over the past year, student concerns with respect in CDO. Audrey understating to the merits and demerits of the Buffalo Model persist. Koscieiniak and Alan Carrel Second, it has become apparent that last year's Open are only two people and they Forum was nothing more than a gesture of appeasement. are assisted by work-study The Law School hierarchy has evidenced no commitment students. However, a workto change, and because the nature of the Buffalo Model study student, by virtue of meets it and the faculty's needs and desires (though not her/his position, cannot put a sustained effort to the those of the students), it is unlikely to evidence such a forth task of fully developing a commitment in the future. public interest orientation at It is our intent, however, to go beyond the usual gripes the CDO. Hence, a group of inconcerning the Buffalo Model, such as the relevancy of terested faculty and students critical jurisprudence, the leftist politics of the faculty, and have met with Dean Headrick Lavy in Context courses. We doubt that other law schools to propose the hiring of an additional full-time placement db~a much better job with their rightist politics and person to work specifically on traditional course offerings of training lawyers. The non-commercial (i.e., publicproblem is deeper than the mechanics of the Buffalo interest, public service, and Model and it is one which pervades this entire University if government) placement. The not all of this country's educational system. The operative Dean seemed amenable to bringing in more help, but he words thus far have been "training lawyers." The Buffalo was unsure about where the Model is representative of every other law school in the fundit has at best a very limited ing would come from. An altercountry in one respect interest in teaching anyone much of anything that is native to getting a full-time relevant to what lawyers actually do. Teaching and training person would be obtaining a student or students who would have become secondary. receive a tuition waiver in At the recently held Alumni Dinner, a handout was order to work continuously on distributed to everyone in attendance which read in part: public interest placement. "As an important school in a major research university, the On March 7, 1984, faculty take their scholarship seriously. Last year 70% of Koscieiniak gave a lecture on the faculty published or presented the results of recent public interest legal careers. research. This activity produced 6 books or monographs, 9 articles and over 30 scholarly papers." It'seems odd to us that the Law School would take pride in this. We see it as the problem. It is not our contention that an end be put to all scholarly legal research, but one only wonders how much time and effort is being put into the teaching and training of the school's students in light of the above volvement as undergraduates. Others have a vague feeling that they want to get involved, or simply want to find out what's going on. I tried out for the Finance Committee two and a half years ago to meet people outside my section and where students interested in public interest careers could interview with numerous employers. This would ease ment area. She went on to the burden of the student who makes several trips to New report on a symposium she attended on Public Interest Legal York, often travelling to many Careers held at New York different boroughs to interview University Law School. For with, for example, five different Legal Services offices. anyone interested, she has extensive materials from that Consolidating these interviews conference, including names in one location and on one day and addresses and descriptions is a crucial cost-cutting of public interest employers in measure for students who New York City. NYU conducts often receive only work-study on-campus interviews, bringing funding for their summer posiShe began with some general background on how to go about obtaining employment in the public interest/govern- in many public interest employers to interview with students. I'd like to see the CDO conduct a "New York Interview Program" specifically devoted to public interest and government careers. It would complement the existing New York Interview Program by providing a set place (hotel) and one day I'd like to extend my appreciation to Audrey and Alan for their openness to and interest in the expansion of CDO involvement in public interest placement. Anyone interested in getting involved, leave a note in Box No. 473. |udy Olin SBA Vice-President Pickett, a Jackson Supporter, Reproached To the Editor: What a shame that supposedly intelligent law students have to enter into mudslinging to rebut a valid point. Gerri Pickett's slanderous comments about Rob Bursky in last week's The Opinion revealed a painful lack of understanding, not only for the feelings of Jews, but for the importance of Jackson's faux pas. If Ms. Pickett only understood the validity of Mr. Bursky's comments, she would have seen that his article was To the Editor: On May 20 the class of 1984 not aimed against Blackwill graduate. Members of our Americans, but against undiverse senior class will choose equal treatment of such comto celebrate and share this ments. Call me a bigot, Ms. event in different ways. Most Pickett, but I supported the will mark the occasion with the criticism against Rev. Jackson. traditional graduation regalia Nothing you say can change the meaning of what he said of caps and gowns. This year some of the (even if his terms were not in students who will not be wear- the dictionary!). Rich Gottlieb ing caps and gowns will be op- No Pomp for Circumstance tion. Ms. Pickett opened her let- ter by stating she was unable to find the term "hymie" in the dictionary, and thus concluded that there is no basis on which to consider the term a racial slur. Such logic is appalling. The terms "jungle bunny" and "spearchucker" are also absent from the dictionary—therefore, is one to conclude that these are not racist or derogatory expressions? Furthermore, Ms. Pickett has assured us that the "real concern of most Jews in their attack on presidential candidate Jackson is the fact that he is. a Black man." Does Ms, Pickett really believe ... ... that the American-Jewish community would ignore such a slur if it had emanated from any of the other presidential candidates? I am both infuriated and ting to share commencement gravely disappointed that Ms. in an alternative fashion. We Pickett, as a proponent of a will be contributing the money To the Editor: "Rainbow Coalition", would I am writing this letter in stoop to categorically single that would have been spent at Follet's book store to charity. response to some of the con- out Jewish people as racists. In This will make our graduation tentions made in the letter by this century, half of world more significant to us and Ms. Gerri Pickett in defense of Jewry was exterminated in Jesse Jackson as it appeared in death campus. Extreme senthose with whom we share it. Jill Paperno the April 4 edition of The Opi- sitivity to perceived antiAnnamarie Richmond nion. continued on page 10 �- DFeahrlinHgeCAonumtri Johnson Editor's Note: Several weeks ago Alan Carrel requested that the editorial board of The Opinion assign a staff member to cover the 22nd Annual Dinner of the Law Alumni Association held on April 6, 1984 at the Hyatt Hotel in downtown Buffalo. Largely by default, Andy H. Viets was assigned to the story. Upon his return he filed this report. It was a dark and stormy night. A near-lethal combination of snow and rain was falling from the sky as I made my way towards the new Hyatt Regency for the Alumni Dinner. My sinuses had been acting up, but being the trooper that I am I continued on (neither snow nor rain will pre vent this reporter from getting a free meal). The Hyatt Regency is a beautiful place, though the surroundings leave something to be desired. The Hotel is large and inviting, but it is smack in the middle of one of the ugliest places on the planet. No matter—l was there and ready to party. I approached the registration table where I gave the receptionist my name and purpose. She looked at a list of names she had in front of her. "I'm sorry," she said, "but I don't know who you are and I'm not letting you in." "Alan Carrel asked me to cover this bash for the law school newspaper," I said. "Perhaps you can ask him about it." She left for a second, only to return shortly with a gentleman at her side. "I'm sorry Andy," he said, noticing that I was taking notes on all of this, "but I don't know who you are and I'm not letting you in." Again I stated my name and purpose. "Well, I'll go check it out," Regency he said. Moments later he returned, ticket in hand. "Yes Mr. Viets," he said, somewhat flustered. "I'm very, very sorry. You'll be seated at table 14 this evening. Feel free to mingle and be sure to have yourself a drink." By his sud- den change of disposition I soup with the meal. supposed he was convinced The table talk was as exthat I really was writing a story. pected. Presidential politics "Thank you very much," I was one of the topics of the said. "I think that I might even day (general conclusion—they have several drinks. Now, liked Gary Hart but are not overly enthusiastic about any where's the keg?" candidate). There were also He looked terrified for a moment until I told him that I was references to professors and only kidding. how good or bad they were Several law students and (some things never change). The final segment of the members of the Law School hierarchy and faculty were evening's activities consisted already present as were a cou- of an awards presentation to ple of hundred alumni and outstanding legal figures their guests. Over 370 tickets chosen by certain members of had been sold for the event, the Law Alumni Association. the largest crowd the Alumni This part of the program was at Dinner had ever attracted and times both entertaining and an increase of more than 40 controversial. over last year's attendance. U/B Law Professor Louis A. The evening began at six Del Cotto was the recipient of with an open bar for an hour. I the Public Service Award. He made a stab at being dignified thanked nearly everyone in exfor a change, and ordered a istence and then mentioned seven and seven instead of a the numerous changes in the beer. Then I made a pain of Internal Revenue Code over myself and started taking pic- the years which he had happily tures. suffered through, an exAs the dinner hour neared, perience which he likened to several of the organizers made "making love to a gorilla. You useless attempts to have stop when it wants to." everyone find their seats so Herald Price Fahringer, that dinner could be served. something of a celebrity these Finally, after some dictatorial days due to his successful shouted over career as a criminal law atthe PA system, people manag- torney, received the Private ed to locate their tables. I had Practice Award. Fahringer been seated with five members thanked everyone profusely, of the Buffalo law firm of noting that, considering his Damon and Morey. Four of poor trial record over the past them had graduated from the two years, "it was nice to finalLaw School in the late 1970's ly win something again." He comments were and one was a partner in the firm. With the last individual I agreed not to ask, never mind print, his year of graduation. The dinner began with what to be a I guess was supposed salad. Actually, it looked like they just cut a head of lettuce into four strips and dumped one onto my plate. Rolls (which were a bit stale) and butter were already on the table. The main course consisted of (and this is straight from my notes)—chicken stuff, macaroni stuff, and a stuffed tomato with gobs of cheese melted over everything in sight. Whatever it was, it was quite good and the chocolate cake for dessert was even better. It would have been nice, though, if they had served concluded by reminiscing back to his days at the Law School when it was located downtown on West Eagle Street. Finally, Rudolph U. Johnson was named, posthumously, the winner of the Judiciary Award for his work as a New York State Supreme Court Justice. By all accounts, Judge Johnson was one of the finest jurists to ever be so honored. After the awards presentation was completed, Dean Headrick was called on to make a few comments, a situation which nearly turned disastrous. He began by honoring all three recipients for their achievements, but then had some special words for Del Cotto. "Louis Del Cotto is a Seeing Prisoners As People, Task Force Urges Participation by Mary Ellen Orvis were encouraged to help the Committee by doing legal U/B Law School's Prison research and by going to Attica Task Force is wrapping up to "relate to the prisoners." another semester of conduc- [Opinion, 3/9/72, p.4) As the specific defense ting weekly classes in legal research and writing for in- assignments of the attorneys mates at Collins Correctional faded into history, U/B Law Facility, and hopes to have an students who had volunteered equally busy and successful in the Guild's program schedule starting next fall. All recognized the importance of law students who wish to par- providing inmates with conticipate in the Task Force are tinued education in legal welcome, and will be briefly research skills. In 1974 classes trained before going to Collins. were started at Albion CorrecIn the early Fall of 1971, tional Facility, a mediumafter the infamous uprising at security coeducational prison, Attica Correctional Facility and were continued until the which resulted in the deaths of spring of 1982 when the program was terminated by Alprisoners and guards, the Bufdiscretionary falo Chapter of the National bion officials for reasons. atinvited Lawyers Guild torneys on the Attica Defense Program Expands Committee to come to Buffalo and use U/B Law School as a In the Spring of 1983, then base of operations. Students second-year student Dave Rynders and Mary McHale (U/B Law '83) contacted Collins Correctional Facility, in the hopes of renewing the Prison Task Force's outreach program. According to the Force's statement of goals and purposes, "By teaching the students (inmates) such skills as determining the holding of a case and using law books, we hope to achieve the dual purposes of enabling them to protect their rights and avoiding frivolous litigation based on misunderstanding of the legal system." Rynders and McHale had to be personally interviewed by Collins officials to assess their sincerity in administering the program, and had to provide officials with course outlines, before receiving permission to continued on page 10 brilliant professor and an appreciated colleague," began Headrick, "and a man that we now know makes love to a gorilla." Del Cotto's wife was seated next to him at the dais. Initially, the audience responded with scattered giggles, recalling Del Cotto's earlier remarks. Then, however, the crowd went "I was delighted to see this kind of turnout," said Carrel. "It was an excellent dinner and it demonstrates the enthusiasm and pride the alumni of the Law School have." Statistics bear him out. Alumni involvement in and support for the Law School has shown an increase in recent years. The Alumni Association now includes 610 members. Generous responses to fundraising efforts have enabled the school to develop programs and activities not adequately provided for within the State budget. silent, realizing the presence of Mrs. Del Cotto. Seconds later, though, the Del Cottos broke into smiles and the room erupted into laughter. The Dean, it appeared, had been saved by a smile. This reporter's evening was After the dinner, the general concluded by standing in line reaction to the Dean's joke for twenty minutes waiting to was -favorable, although one retrieve my coat. During this member of the Law School time a member of the Law hierarchy was heard to say: "I School's administration was afraid all of last semester fruitlessly attempted to conthat Schlegel would say vince me that despite its shortsomething like that." comings, the Buffalo Model is Numerous people were in- the greatest thing since sliced volved in the success of the bread. I admit that I had a hell dinner, namely the members of of a time at the dinner, but I'm Dinner Committhe still going to California (with tee—Thomas C. Bailey, Joseph an achin' in my heart). W. Keefe, Joseph G. When I got outside it was Makowski, and Maryann S. still raining and snowing. DrivFreedman. In addition, Alan ing conditions were miserable. Carrel played a significant role From beginning to end the in the evening's activities, evening had been representhough he preferred to thank tative of Buffalo at its best. others. Louis A. Del Cctto (left), Herald Price Fahringer (right), and the late Rudolph U. Johnson were the award recipients at this year's Alumni Dinner. CDO Publishes Employment Statistics Graduating Class, 1983 In May, 1983, 288 students graduated and at the time of their admission to the bar, 95 percent had found positions in law or law-related fields. The New York bar exam was taken by 259 graduates, and 83 percent passed; others passed bar exams in other states, but our information on them is incomplete. To a significantly greater extent than in recent years, the members of the Class of 1983 opted to practice in smaller private firms and to stay in the Buffalo area. Associations with small firms rose from 22 percent in 1982 to 33 percent in 1983; location in the Buffalo area rose from 32 percent to 42 percent. Both of these shifts are contrary to normal expectations and thus may reflect factors special to this class. The distribution of the class among types of employment and location now appear as follows: Type of Employment Law firms TOTAL 55 percent Judicial Clerkships 4 percent 14 percent Size 2-10 33 percent Government 7 percent 11-25 7 percent Public Interest 3 percent 26-50 4 percent Military 9 percent 51-100 7 percent Business 2 percent 4 percent Teaching 100+ 4 percent Self-employed 2 percent Advanced Degree Place of Employment Percentage 42 percent Buffalo area 7 percent Rochester area New York City area 19 percent 16 percent Other New York 12 percent Out of State 4 percent Unknown April 18, 1984 Opinion 3 �Political Commentary Reply Writer Responds to Charges Levied by Critics what he has stated his positions who supports the Palestinian cause, since you do mention by Robert M. Bursky are, then by that very logic there must be 25 million Americans qualified to be President, since there are pro- After much inner debate and that later in your letter. consultation with friends, I However, Jackson's skin-tone have decided to respond to the has nothing to do with the three letters ("In Defense of Palestinian issue so far as Jews Rev. Jesse Jackson Our are concerned (or probably Readers Write", The Opinion, April 4, 1984) lambasting me for the article ("Public Shouldn't Be Misled by Jesse Jackson's Apology," The Opinion, March 14, 1984) in which I condemned Jackson and his reference to Jews as "Hymies." It took me quite a while to decide that a response is in order. I was tempted to let these letters speak for themselves, since they actually support the perspective I espoused in my article In the end, however, I decided to reply, not so much to refute any suspicions or accusations to the effect that I am racist, but to further demonstrate to both Jackson's marginal and potential supporters that he is not deserving of the White House, and to point out the giddiness of those who have been all too quick to leap to his defense. The three letters were all noble attempts at character of assassination mine, course. One overtly called me racist (another first in my life); another implied as much; the other did not accuse me of racism so much as it did Fascism, Nazism and general ignorance. I guess that, since they couldn't come up with a viable defense for Jackson (after all, neither could he), they did the next best thing —they condemned me for condemning him. This is a standard operating technique among certain segments of our population—when all else is lost, cry racism. Anyone disliking Jackson is a bigot. Anyone against affirmative action programs, either on principle or based on a belief that such programs actually hurt minority interests in the long run, is a racist, also. In my article, I stated that all too often, minorities feel and act as though, "[t]hey may condemn, but may not be condemned." I believe the three letters that I am about to address, in large measure, support that assertion. Another reason why I almost decided to forego an answer lay in the fact that these letters were so outlandish, off-thewall, and distortive of reality, I couldn't find a suitable place to begin a response. After endless thought and hairpulling, I decided to make things easy on myself and treat each of the letters separately, replying to each in turn. Here then, is what I have to say: — bably that many people who share and have voiced at least some of Jackson's perspectives. As far as Operation PUSH is concerned, it is not so much an organization to help poor people as it is one to increase Black voter registration. How dedicated to the plight of women can he be when it is only since he threw his hat into the ring that he has supported the rights of women to have abortions? I have no problem with the fact that Jackson is a Black man running for President. I do, however, have enormous problems with the fact that he is not the right Black candidate. Give me an Andrew Young or a Wilson Goode, and then not only might you see me cast my vote for a Black man, but you might see millions of White Americans (including Jews) do the same. I doubt you'll buy this, since it is much more convenient to blame racism for Jackson's anyone else for that matter), since there are just as many criticize Jackson and affirmative action programs so you feel justified in calling ME a racist? Not only did you call me a racist, but you even refused to admit that Jackson was in error when he called Jews "Hymies." Unlike the other two letters, which at least raised some valid issues, yours offered nothing of value of any sort, yet you tell me MY article lacked intellectual and substantive Whites as Blacks who support the Palestinian cause. The sentence in which you state that most Jews have problems with Jackson content. because he is Black, therefore, With the way you present stands by itself. What it says is case, I can hardly wait for your Blacks. most dislike that Jews day the when I can inform my You referred to me as a racist. clients that, in cases involving Now, in view of your statethem, you are opposing ment, please tell us who is the Hope to see you in counsel. bigot. court. You also state that my artiLove, cle does not attack Jackson's Hymie program and ideas, but rather is an attack on the man. Here I Response No. 2 must agree with you. My artiDear Mr. Benitez: cle neither purported nor atI wish I could believe you tempted to criticize his platwhen you state in your letter form, except in so far as his that you don't think I'm a bigotry is an essential part of racist, but you've made it imit. Besides, his character made possible for me to do so in for a much bigger target. I adview of the fact that in the very dressed Jackson the man, and next sentence, you go on to say the verdict still stands —guilty. that I don't think much of Since you are so concerned minorities. Why do you think with my failure to address his own incompetence. ideas and stances, let me make You state that I have that? Because I condemned a brief mention of his "qualificademonstrated my contempt man of the cloth who vilified a tions" which, as you contend, and dislike for Jackson and group with different religious and political make him the logical choice people "of color" (after all, if beliefs for President. As a preliminary you dislike one Black man, you preferences? Because I believe must despise them all). This is that affirmative action promatter, by qualified, do you only partially correct. I do, in- grams contribute to selfmean' a candidate who has no political experience? If so, deed, dislike Jackson. As for perceptions of minorities as then Jackson is certainly the people "of color" generally, wards of the state? Because I man for the job. You refer to nothing could be further from believe that such programs Jackson's "record," but since the truth. In fact, besides stand in the way of selfJackson, there is only one improvement rather than prohe has never held public office, it is difficult to see what other person of color who I mote it? Because they allow "record," you are looking at can honestly say I detest—yet minorities to think of when you make such a statethis results in no harm to themselves as "special" groups anyone because your letter who deserve "special" treatment. Jackson has no public record, much less the commakes it perfectly clear that ment? I have disagreed with plimentary one you profess he you are not particularly many people on many difhas. If you are referring to enamored to me, either. I ferent issues, but I've never (if not more) .. Araujo's portrayal of Pro- by Daniel W. Dooher tance and inescapability in fessor Kennedy or other making choices." All too often, 'Lawyers are all right, I Critical Legal scholars as Critical Legal Studies is seen as guess I mean they're all "novices treading unknowingly stating that it all comes down right if they go around saving on our turf," is at best, to choice. Professor Kennedy innocent guys' lives all the dubious; at worst, it is ig- is not saying that the goal of time, and like that, but you norant. Four years as an legal education is to show that don't do that kind of stuff if undergraduate taking a "choices must be made, and you're a lawyer. All you do is number of economics courses that we cannot escape making make a lot of dough and play hardly gives one a right to them." Nothing could be furgolf and play bridge and buy claim the discipline as his turf. ther from the truth. Rather, cars and drink Martinis and Araujo's discussion of Critical Legal Studies is saying look like a hot-shot. And marginal utility (that expen- that for too long, illegitimate besides. Even if you did go ditures by the government for and inconsistent choices have around saving guys' lives and either teachers or high-priced been made, and we can, and all, how would youknow if you weapons manufacturing "will should, bring a stop to the did it because you really increase the money supply facade that nothing can be wanted to save guys' lives or equally and should, within a done about it. because you did it because given period of time, create One who feels that this is what you really wanted to do the same stimulus in the unrealistic, or that it has little was be a terrific lawyer, with economy") makes one wonder if anything to do with that everybody slapping you on the just how much he knows about workaday legal world out back and congratulating you in economics. Economists from there, has a very pessimistic court when the goddamn trial Dr. Friedman to Dr. Gailbraith view of his or her own would provide empirical capabilities as a lawyer. . ?" was over Holden Caufield, from evidence that such assump- Critical Legal Studies seeks to |.D. Salinger's The Catcher in tions are completely ill- show the inconsistencies in the Rye founded. Araujo argues that doctrine and black letter law economics does not operate in from Torts (comparative .. ihe-fact-that 4/aeYtsein-'is a&\ac t noONriotr Mtorfjrlli J984 4 Pickett had the offered as a personal defense, since anyone who knows me also knows that I am not a bigot, but was instead a not utilization of sarcasm to poke fun at Jackson's disclaimer when confronted with his "Hymie" statement. I gave you an article on Jesse Jackson and you gave me one (by way of reply) on Ernest Hollings. I have never (and never will) supported Hollings. Can you say the same about Jackson? Nowhere in your letter do you, state that his remarks (not to mention his "qualifications") make him unfit to assume the Presidency. Are you supporting him despite his comments? Lack of qualifications? You note that in a straw poll, Hollings finished third in lowa despite his "wetbacks" statement, thus implying that numbers of voters in that state supported a bigot while he was in the running. Let me inform you that in the New York State Primary, 80 percent of the Black voters (and about 26 percent of all voters) supported Jackson. Are these voters no less worthy of contempt than those who supported Hollings? Certainly not. Both sets are equally deserving of scorn and continued on page 9 Critical Legal Studies Explores Facade .. - wrong—Miss audacity to not even concede that his remark was uncalled for. Too bad Jackson can't say the same thing. In your letter, you state that it wasn't necessary for me- to make an "up-front disclaimer" to the effect that I am not a racist. You misunderstood my purpose here. My remark was Legal Commentary- Response No. 1 Dear Miss Pickett: In your letter, you state that, since the word "Hymie" (which you spelled incorrectly, since it is a proper noun and therefore calls for a capital "H") is "conspicuously absent" from the dictionary, it is not an ethnic slur. I also have dictionary skills and, nbt finding the word "Leroy" in Webster's "Economics Presents Unabridged, have concluded that it, too, is not a slur. Thus I Possibility Of Refinement in trust that you will not be of- the System" {The Opinion, fended if in the future I should April 4, 1984, page 4) was not happen to refer to the Black one of the finer pieces to apcommunity by that name. pear in The Opinion this past You go on to say (and I school year. Mr. Araujo is you) real conquote that, "[t]he wrong on two counts. First, he cern of most Jews in has no right to claim the their attack on Jackson, who is the most qualified of all discipline of economics as his, the candidates, is the fact that or anyone else's, "turf." Sehe is a Black man." At first I cond, he misses the purpose of thought you were referring to ( Critical Legal Studies by a long ... had to resort to name-calling to make myself heard (at least you called Jackson's remark "unfortunate," though you stopped short of saying he was 1 a vacuum, yet that is exactly negligence evolution) to Conwhat he is proposing. Any tracts (equal bargaining posischolar worth his or her weight tions) to Corporations engages in argumentation. He (business judgment rule versus or she does not present ques- fairness test) to Constitutional tionable discussion and then Law (fundamental rights doctell those in other disciplines trine). Critical Legal Studies to stay off the turf. seeks to show that once the inFar From The Truth consistencies are exposed, to More disturbing, however, is accept them and just stay with Araujo's analysis of Critical a doctrine which is neither legitimate nor consistent is at Legal Studies. Professor Kennedy's "objective" is not best complacency; at worst, it I -'-shedding light on thaJwpor^ is living 4. lie- At .the jjractjcal. then. Critical Legal Studies challenges the prolevel, spective lawyer to go to the boundaries of doctrine to make dynamic legal arguments which go beyond the facade. At a deeper level, Critical Legal Studies seeks to ask hard questions about how American jurisprudence has gotten this far; where it is; and where it should be going if it is to continue to make claims of bringing about justice concomitant with order. This necessitates examination of how our economic, political, social, religious, and moral values af- fect the law. Critical Legal Studies is engaging in logical argument by asking: how did these values evolve; were they legitimate to begin with? Critical Legal Studies is not, nor are its proponents, shoving anything down any "collective throats", as Araujo chooses to sympathetically portray himself and his colleagues. It is simply asking hard questions, which Araujo and those who join him on his turf have failed to answer. Can a school of law which has seen the illegitimacy and inconsistency of doctrine and black letter law teach law soas to continue the facade? The logical, and moral, conclusion is that it cannot. "If a body catch a bodycom- �The Time to Consider ABA Offerings is Now by Rob Turkewitz and Susan a VITA volunteer here at Bufus for further information. Kozinn falo Law School should conThere are a number of ABA tact Mitch Cohen. competitions open to ABA So, what if you don't want to Administrative Judges Law members. The National Appractice Law in Context B.for a School Program is looking for pellate Advocacy Competition living? Do not fret! The schools to conduct actual adis a great opportunity for American Bar Association of- ministrative law hearings. The students to improve their oral fers law student members ideal place is our Moot Cour- advocacy skills. Participants practical insights and extroom. Observing actual addo not submit briefs in the perience into the legal field. ministrative hearings is a great regionals. This competition is The ABA is more than just opportunity to learn about adnot just open to Moot theory— it is law in action! ministrative law, which, in- Courters; however the limit is 2 The ABA offers educational cidentally, is gaining in importeams per school (4 students in seminars, publications and tance to the legal practitioner. all). Last year third-year competitions to its law student However, lend your support students Len Gulino and-John members. In short, the ABA and keep this program in mind. Curran took first place in the If you are interested in coorregionals and came in sixth works for you In the area of tax, there is a dinating this program here at place in the national finals. program called the Voluntary Buffalo or for the 2nd Circuit The Client Counseling Competition deals with an area Income Tax Assistance (VITA) (N.Y.), please contact us. The Disabled Students pro- often neglected by law program. Students are trained by the IRS to prepare tax gram is geared toward the schools —interviewing clients. returns and to recognize tax legal issues of the disabled. This Competition gives problems and resolve them. This program sets out to exstudents the opportunity to However, this program is not pose awareness for the disabllearn and improve attorneyotherwise connected with the ed, to encourage and help client interviewing skills. The IRS. VITA participants assist other law schools, universities, subject-matter of this year's lay persons in the community and society accommodate the competition was "Landlordto prepare their income tax disabled, and to explore the returns on a pro bono basis. problems that disabled Any taxpayer with an income lawyers and lay persons enby Rob Turkewitz of less than$35,000 is qualified counter in their work and in under VITA to receive everyday life. Students who Once we graduate from U/B are interested in working in assistance. This program gives law this area of law, are encourag- Law, we all face the final challenge. In order to achieve students the opportunity to ed to get involved. work in a quasi-attorney-client The Concern for Dying pro- success, it is essential to get on relationship. VITA provides gram explores the legal the right path early in our practical experience to those aspects of death and dying. careers. The path to success students interested in tax law, Members of this program are could be broadened if we as and your participation would scholars in the field and will U/B Law alumni keep in conindicate a deep-seated interest give lectures here at Buffalo tact with the Law School. The to potential employers. FinalLaw regarding* such topics as U/B Law Alumni Association is this ly, program would create "Living Wills", Euthanasia, and our Buffalo Connection. Future employers will favorable publicity for Buffalo other associated topics. always look to what law school Law, the students involved and Anyone interested in the prothe legal profession in general. spect of holding a lecture here we attended. A good reputaAnyone interested in becoming at Buffalo Law should contact tion is therefore, essential, and a strong united alumni is a key Tenant Problems." ABA essay competitions are a great way to expand one's knowledge in an area of law. Students with winning essays are awarded a substantial cash prize and may be asked to present his or her essay before the ABA, all expenses paid. There are competitions in the areas of Environmental, Family, and Health Law. The programs and competitions listed above are only a few of the kind of activities we can have here at Buffalo Law. However, these programs and competitions are only open to law students who are ABA members. Everyone should join the ABA and get involved in activities such as those already mentioned. It only costs $8.00 a year to be a member! I'm confident you will agree that the benefits greatly outweigh the meager cost. Consider further what your membership can do. If you are a law school organization, you may be elegible for ABA matching funds of up to $750 per event and $1,500 per year, if 35 percent of your school's students are ABA members. If we don't take advantage of these funds, law students at other law schools seeking to become better lawyers certainly will. To receive the maximum benefits of your 1984-85 ABA/LSD (Law Student Division) membership, be sure to join before the Fall semester commences. The time to start thinking about joining the 1ABA/LSD is now. If you do not become a member, be assured that you have everything to lose and nothing to gain. The ABA keeps you informed! Don't you think it is time YOU took FULL advantage of your law school education?? Alumni-LiaisonUrges Involvement - Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when editing drafts 16 Typestyles It Symbols to Choose From Printed to Look like Typeset Or Typewritten Repetitive Work at Reduced Prices Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available All Work Guaranteed Call Proto-Type — 883-3348 Ask For Randy FROM COMMENCEMENT COMMITTEE RE PROGRAM Some students have chosen not to wear caps and gowns at the commencement program: "Some of the students not wearing the cap and/or gown have made donations to a public service - On Wednesday, April 18 and Thursday April 19 elections will be held to determine whether this statement should appear in the program. *** tive member. The first yearof membership in the U/B Law Alumni Association is free, courtesy of the Association. However, if you don't pay your dues after the first year, the Alumni Association will, as an incentive, send you a cassette tape entitled, "John Henry Schlegel on Article Nine Fixture Filing, 'Don't ask me what it means, I don't know!'" As further incentive the Association will continue sending more tapes, such as Marshall Breger's "The Model Rules of Professional Responsibility and the Reagan Administration" (60 minutes of blank tape) or Schlegel's legal classification of dogs entitled, "What's the plaintiff's bitch?" This year the Alumni Association presented three awards to outstanding alumni at its 22nd Annual Dinner. The recipients were Professor Lou Del Cotto, Harold Price Fahringer (the noted trial lawyer), and Judge Rudolph Johnson (posthumously). All three recipients have unselfishly given much of themselves to the Law School, the profession and the Their community. achievements, and the achievements of other distinguished alumni, are an example of the potential we all have to offer. Let's all join and become involved in the U/B Law Alumni Association and be a part of the Buffalo Connection! PHI ALPHA DELTA Law Fraternity International, Alden Chapter, is proud to announce the TO: CLASS OF 84 organization of their choice." the students themselves. The Association- hopes to conduct more activities through its alumni-directors, who represent the Association outside, in more cities in the future, as it has in the past in New York City. Additionally, the Association will be issuing an alumni magazine in the factor toward increasing the near future which will be sent quality of education and to all its members. This overall reputation here at U/B magazine will be an invaluable Law. By helping to increase the source of information about school's reputation, we are alumni and Law School events also helping ourselves on the and activities. road to success. As the Student-Alumni The Law Alumni Association Liaison over the past year, I atis active and engages in many tended many U/B Law Alumni worthwhileactivities. This past Association meetings and had an opportunity to observe and semester the Alumni Associaget to know some of our active tion helped sponsor the Oneto-One Program and a career- alumni. I am very impressed by panel lecture series. In the fall their dedication and sacrifice; semester it sponsored the they indeed demonstrate a geMoot Court dinner and held a nuine concern for the school, its students, and their fellow Convocation on the U/B campus at which Professor Hyman alumni members. However, in was honored. The Alumni order for the Alumni AssociaAssociation also sponsored an tion to continue benefitting alumni cocktail party in New the school and its alumni members, it must have the supYork City and will be sponsoring a luncheon there this port of all alumni. That is why I spring. urge everyone graduating now, In an effort to communicate and in the future, to join and become a concerned and acwith all alumni, the Associa- WORD PROCESSING TYPING I „ tion has donated money to the Law School, which is being used to help find alumni and establish a better system of keeping tabs on its graduates. The money is also being used by the Career Development Office and will greatly benefit Elections will be in front of the library from 10:00 to 4:00. *»» election of the following members to their respective offices for the 1984-65 academic yean Richard Murphy Justice: Vice Justice: Treasurer: Daniel Marren Randy Donatelli Michael Storck Marshal: James Lagona Clerk: Assistant Marshals: Alan Pleskow Ted Araujo PAD, is looking forward to an eventful and productive year, and invites all law students v 'April 1«, IM4 to join. OpWon 5 �Poetry Corner fplla . pick mv pe aase a at noon pizza p It We g John cas^ WG 8 and j Qt ohv t>Y lecture aa ie n tell Y oU i the Racing in O'Brian / got a 77 Plymouth with a mighty slant 6, needs to get fixed. I got a leather jacket that Everyday I drive down to the school of Law, And everyday I ask myself "What for." Now, Pappa, a Lawyer's what you always Rar R evieW Bar , an d 5 wanted me to be, But a school full of Federalists just ain't the proposa' change k place for me. But summer's almost here an somewhere I'll soon be. else by Victor J. D'Angelo Transferee Moe or we I" r^eV er De A Desperate Plea for a Q 3-hour Class on My Seminar Paper gone Where have all the classes one, What I wouldn't do, Gone to 3-hr classes every What I'd go through, Just to get a lousy Q. I'll work all day, in the library I'lI stay, wont' even play, a game of football if you ask me to. Schaeftler and Deitz, What amazing feats, you can accomplish in 3 hours. Mr. Hyman, sing us a song, long. Your 3-hour class is much too 600 pages you'll have to read, for a 3-hour class, that's more than you'll need. necessity, A 3-hour class is a I wouldn't attempt one, without a strong cup of coffee. by Victor J. D'Angelo Don't give me a D, can't you see, a Q would make me, Really very, very happy. by Victor J. D'Angelo CREDITS You are all the missing pieces Of my jigsaw puzzle— With you I began to see the picture— It was sharp and clear, I loved you. But now the picture's fading fast I can't see it here . Drifting Away. .From N.Y.C. Everything is so big and loud And so proud of itself. Even if it's poor, small And falling down, it yells: I'm wohderful." "Look at me Self-confidence holds it together; Sheer daring pride appears To hold it up alone! like so many ants And the people Wind between its chiseled waits Unaware of the commotion. The ever wailing sirens in their blood They move in time to some chant Without you I don't have all the pieces here So there are spaces — I've lost you And can't remember the picture. — — With the roller-skates and radios The cabs and the grafitti All holding some secret idea, Of outdoing known conceptions! by Andrew Friedman 6 Opinfen April 18, 1984 You sat in the back row, All semester you were the one I didn't know, But everybody else did. With a mouth full of tuna-fish I said hello, The beginning of the semester seems a long time ago, When we met in front of the library. Now you'll get an H and I'll Ret a O; Transferring in must have been the right thing to do. by Victor J. D'Angelo by More on SBA 5° / hear SBA' c W *» 'hats OK "*** " '"*° Andrew Friedman b ther >° "viteyou YOU Come ">«e it'll rain A their pl anni A, l that money s„hlz '° - vain '" M*htas welr JZ7tT °me a r Eve on a rainy " $ " S ~ - s ■ o" * \J �THE 1984 RACE JUDICATA by Cliff Falkl Vedge'sLaw April low m» vpMiJ^i 7 �OUT WITH THE OLD. .. The 1984-85 Editorial Board of The Opinion wishes to extend a fondfarewell to our graduating staff With many thanks for your work and good luck in the future, we say goodbye! Mary Ellen Berger, EDITOR-IN-CHIEF Ray Stilwell, MANAGING EDITOR Wendy Cohen, FEATURES EDITOR .. — Alan J. Bozer, Seth Fitter Kathy O'Hara, Greg Phillips, Anna Marie Richmond, and Jud Weiksnar, STAFF. AND IN WITH THE NEW. CONGRATULATIONS to the 1984-85 Editorial Board! Bob Cozzie, EDITOR-IN-CHIEF Victor R. Siclari, MANAGING EDITOR Ted Araujo, BUSINESS MANAGER Andy H. Viets, FEATURES EDITOR Randy Donatelli, NEWS EDITOR We look forward to a productive year and an increase of law school participation! FEAR NOT, TRUE BELIEVER! If you missed BAR/BRl's FREE introductory CPLR lecture by Irving Younger, you can still see it, still for free in the A-V Department of the library. We have just finished the 3rd part of our 5-part series, all of which will be repeated after finals. For more information, leave a message in Box 132 or contact Tracey Kassman. 8 / JHf" •dhfilks* Victims of Sexual Abuse Can Receive Assistance continued from page 1 dangerous situation. She feels that educating the public to be more attentive and cautious will prevent attacks which are often undefendable once they are initiated. although this is outside the scope of this article.) Myth and Misconception Psychologists have often characterized acts of rape and sexual assault as acts primarily of violence rather than of sex. Despite this assertion, Sullivan Victim Again reported incidents abound Often the fear of death will where the spouse of a victim be enough to cause a victim to will accuse the victim of dresssubmit to the sexual acts of the ing or acting in a provocative attacker; however, the people manner and of instigating the who are closest to the victim attack. Sullivan asserted that are often the furthest from victims of sexual assault do understanding the innot welcome an attack; rather, capacitating nature of this sex attackers are predisposed fear. Sullivan, who is also the to the need to act out violent head of the Sexuality Clinic at behavior. In support of her Buffalo State College, describ- assertion, Sullivan asked, ed the distrust that is often "What about the two-year-old displayed after such an inci- infant or the 80-year-old dent by the victim's closest woman who is attacked, and relations, who question why there are plenty of them, in the victim did not fight off the which sex is merely a tool of attacker. violent aggression?" Even given the most positive response from those close to If You Are In Need the victim, Sullivan explained Three hospitals in the a "trauma syndrome" usually greater Buffalo area are fully follows such an event, equipped with facilities to resulting in weeks of a highly- treat the needs of victims of depressed level of activity and sexual abuse: a period of fear which extends Children's Hospital (if much longer. The inap- under 18 or mentally retarded); propriate treatment that often Erie Community Medical accompanies this natural reacCenter tion merely intensifies and proBuffalo General Hospital longs it. (Certainly the inapThere is also a Rape Crisis propriate treatment often afService in Buffalo which can forded by law enforcement of- be reached by calling ficials must not be discounted. 834-3131. — — — The Black Law Students Association held its elections on April 5,1984. The following people were chosen for the 1984-85Executive Board: President; Vice President Treasurer: Donna Knight William Alford Delano Robinson Community Liaison; Margo Beasley �Bursky Replies to Jackson Supporters continued from page 4 I thank you for bringing the Hollings incident to the attention of those who were ignorant of it, by chance or conscious choice. However, no matter how bigoted Hollings is, it is still no reason to dismiss Jackson's similar statement as an "unfortunate" occurrence. That Hollings is a bigot makes a poor excuse for Jackson being the same way. I share your concern about bigotry, from whatever source it emanates. I never have, nor will I ever, support a racist candidate. I just hope you can say the same thing in November of this year. Finally, I'd like to address your invitation to drop by LANALSA's office to discuss these issues. Forgive me if I'm mistaken, but the overall tone of your letter, as well as your statement to the effect that I don't care much for minorities, lead me to believe that what you offer me is not so much a chance to discuss the issues as it is an opportunity to vindicate myself in your eyes. I, therefore, must decline your most gracious offer, since I feel no need to justify myself to you. If, however, I am in error and you truly desire a dialogue, perhaps we can meet on more neutral grounds than the LANALSA office. Please feel free to drop a note in my box or to stop me in the halls. You can't miss me. I'm the one wearing the white hood. Sincerely, Rob Response No. 3 Dear Mr. Cleary: You state that, "[t]o denigrate a career of public works as hypocrisy on the basis of one remark, to categorize anyone with a few strokes of the pen, is insensitive, arrogant and irrational." You also warned me not to judge, lest I be judged. Well, let me tell you two things. First, I'm anyone, too. Second, I made no bones about the fact that my article entailed a series of judgments. You, on the other hand, chided me for making such judgments, yet your letter was every bit as judgmental as my article. In the first paragraph of your letter, you equate my thinking with a type of neoconservatism, a term commonly used to denote Fascist, Nazis, other right-wing radicals and the like. Were you attempting to bring me personally within this category of people? It would not surprise me, given your Marxist orientation—a philosophy to which you admittedly adhere (as you no doubt know by now, I can hold my own when it comes to mudslinging). Moreover, while your political preference is not in doubt, by virtue of your own admission, mine is, at least so far as you're concerned. This is simply because you don't know what my politics are! Are you willing to categorize me based on three or four articles appearing in The Opinion (none of which, excluding the Jackson article, prompted a solitary reply from any of my fellow students) and one brief discussion I had with you on American policy in Central America? You tell us who's insensitive, arrogant and irrational. In fact, your liberality pales in comparison with mine (I never learned that Marxist philosophy is a tolerant one). The point is, you condemned me for denigrating Jackson with a few simple strokes of as to compel a finding of my pen, yet you did the same bigotry. You, apparently, are thing to me by cleverly linking not similarly inclined. my name to neo-conservative As for your point that I politics, the negative connotafound it "necessary" to deny tions of which are abundantly being racist, I refer you to my clear. response to Mr. Benitez. Read You go on to say that neoit carefully and understand. Let conservative thought holds me also inform you that, prior minorities (ethnic minorities, to submitting my article for women, homosexuals, etc.) in publication, I consulted with a positions of authority and number of people to find out responsibility to a much higher whether it could, by any standard of performance than stretch of imagination, be contheir White male counterparts. strued as a racist one. All What about the fact that socie- agreed that it could not. The ty happens to provide next time, however, that I write minorities with economic and an article, I will gladly submit educational opportunities ir- it to you before turning it in for respective or merit? If publication, so that you can anything, minorities are held to check it for neo-conservative a lesser standard and subject dogma. to less scrutiny than tradiI fully agree with you that tionally favored members of one need not say one's racist society. to be a racist. Additionally, You also state that you one need not say one's a Nazi wouldn't be surprised (who to in fact be a Nazi. Given your would?) to learn that numerous lack of omniscience and presother public figures have made cience (you are so humble!), it similar derogatory remarks is not surprising that you felt about various races, religions compelled to avoid classifying and ethnic groups in private. Jackson as a bigot. Tell me Your argument is the then, why did you not find it equivalent of Jackson's equally difficult to iabel me a defense based on the fact that right-wing fanatic? A possible he was caught {in flagrante explanation comes to mind. delicto), as opposed to the fact From your political perspecthat he was wrong, for calling tive, middle-of-the-road is politics right-wing Jews "Hymies." Furthermore, in making this (fanaticism. Have A Nice Vacation, argument, you have eroded Rob any and all distinction between those who openly display Conclusion their bigotry and those whom That about does it. Ultimatewe can only suspect of harboring such malice. Maybe you ly, the American public will haven't heard, but in this coundecide who is fit to be Presitry and under this political dent. When Jackson loses, we .philosophy, we let people hang will hear that the reason for his themselves. I, for one, am will- defeat can be attributed to the ing to give the benefit of the fact that America is a racist doubt to those public figures country (which is no doubt true who have neither voiced preto an extent). What we won't judice nor acted in such a way hear is that America as a whole » is no more racist than that segment of the population throwing almost all of its support behind an unqualified, bigoted candidate, simply because he is a man "of color." Amen 83-84 Edition Available At last, the 1983-84 issue of In the Public Interest: A Review of Law and Society is out. In the Public Interest is devoted to the exploration of the impact of the law on people and, as the title suggests, society. It is dedicated to presenting articles which examine social, economic, political and historical contexts of the law. Rather than presenting strictly legal analysis, the journal provides a multi-discipline forum for the discussion of the public's legal interests. presently We are soliciting articles for the 1984-85 edition. If you have written a paper (remember your seminars!), essay, article, manuscript, etc., that you would like to submit, contact Sharon Kivowitz (box 594) or Mark Katz (box 413). All interested in joining our editorial staff are welcome. Any and all questions or comments regarding In the Public Interest should be directed to The Center for Public Interest Law in room 118. BUFFALO PUBUC BSfTEREST LAW PROGRAM our Thanks to the following sponsors of the 1984 summer internship program , Mr. Handlebars - 686 Englewood, * Callaghan & Co. Kenmore Bicycles Snow Country publishers of legal practice texts Rochester, N.Y. _ year round spcxts equipment -. Ruby & Son � Frame & Save 245 Elmwood Aye. Buffalo custom & do it yourself v l Endico tt, N V jewelers & gifts / ■— Habitat J picture framing \ IH9 Elmwood Aye. Buffalo contemporary home furnisNngsl DRAWING & RECEPTION APRIL 18th 5:30 Law Student Lounge. All axe welcome BPILP is a not for profit tax exempt corporation. Founded 1979 by law students of SUNY-Buffalo Law School > "*lflteon 9 �New Waves Eurythmics: Sweet Dreams Are Made of This? by Jud Weiksnar into a believer. Maybe that was expecting too much. Or The Eurthymics put on a maybe I've seen too many good concert April Fools' great shows to be impressed night in Shea's. Ann Lennox by this one. The Eurythmics was good. Dave Stewart was are better than your average good. The backup musicians band, but just because Ann were good. Where was the Lennox likes to dress like a great show, however, that man doesn't mean they're in was receiving so much a league with androgynous hype? superstars David Bowie, Technically, the Michael Jackson, and Eurythmics had their act Culture Club. Much of the down pat. However, they audience might disagree seemed to be taking no with me, but why did this chances. The act showed show leave me flat? little spontaneity. They did Maybe I've seen one too all their hits—Sweet Dreams many Sunday night Are Made of This, Here concerts. What's the Comes the Rain Again, problem? Do all the big etc. —without missing a names make Buffalo their beat. If you like the next stop after the weekend Eurythmics on vinyl or video, in New York City? Let's face you'd like them live. it —it's harder for a band,Going into Shea's a and an audience, to get up lukewarm Eurythmics fan, I on a Sunday night. expected to be overwhelmed Maybe I've seen one too by a great show and turned many cloud effects using a permit in the first row. That more of dry ice. What ever happened smacked to innovation? Maybe I've seen one too many planned encores. When the band comes back out with a costume and set continued from page 3 change, you know they were bring students into Collins to going to do the encore all teach. At that time, students along and your applause received informal advice from didn't make a bit of Susan Carpenter and John Lipsitz, instructors associated difference. Maybe I've seen one too with the Prisoners' Rights many uninspiring warmup Clinic, which is no longer in exbands. This one was called istence at U/B. Real Life, from Australia. If The Prison Task Force has they were playing at the conducted an average of eight Continental, I probably classes per semester at Collins would have gone upstairs during spring and fall and danced. semesters of 1983 and spring The Eurythmics did treat semester of 1984. If there is me to one thing I hadn't seen sufficient student interest, before this concert. After the classes may be taught during last encore, Ann Lennox this coming summer. The Task took a full glass of water and Force receives minimal fundoused a woman who had ding through the National been taking pictures without Lawyers Guild to cover students' transportation expenses to and from Collins. Inmates at Collins are taught one introductory class, three classes on legal research skills, one which determines how two classes on legal writing, many new members are to be and two classes on substantive law to utilize the legal selected each year. Brock added that this research and writing skills the proposal is modeled on the inmates have acquired. "Inaffirmative action policies of mates make suggestions regarding the substantive areas they many faculty organizations, which also affirmatively would like to learn," explains encourage applications from second-year student Lois those who are historically Bloom. According to Rynders, discriminated against yet their main interests lie in no provide special criminal procedure, family consideration in the selection law, parole policy, and process to compensate for superintendent proceedings such discrimination. He (Article 78's). Inmates are permitted by pointed out that often there is great opposition to affirmative corrections officials to attend action programs, and less or no the classes conducted by the opposition for affirmative Task Force only if they are action policies, citing as an "model" prisoners. They example when the faculty of receive a "certificate of merit" Harvard withheld all the from the Task Force after comgrades of first-year students pleting the basic research and after the Harvard Law Review writing course. The Task Force implemented an affirmative teachers give homework assignments which they then action program. correct and return so that the Final Resolution or Temporary inmates can learn whether Appeasement? they are on the right track. Brock explained that presently there is uncertainty Seeing Prisoners As People as to whether the problem lies Bloom said she has been inin the lack of participation by volved with the Prison Task minorities and Force since her first year of law racial economically disadvantaged school. "I had never been in a or otherwise handicapped prison before, and didn't exstudents in the casenote pect to get so involved competition, or whether the because I don't want to pracproblem is that these students tice criminal law," states are participating but are not Bloom. "Still, I feel as if I'm meeting the standards set by helping someone by parthe Review. He noted that the ticipating in the program." Second-year law student Review's policy will be continuously reevaluated, and Judy Olin came to the Task that something more in line Force in her first year at U/B with Brown-Steiner's proposal with a decided interest in might be passed by members prison policy. She had served of Buffalo Law Review in the in the New York State Assembly intern program, future. Task Force Report New Affirmative Action Policy added, "It is not a mechanism whereby students will be given continued from page 1 explanation of special circumstances submitted along with the candidate's casenote. If such a factor is determined to exist, an asterisk would be placed next to the candidate's final evaluation score. Only if the score were just below the cut-off point for membership would the candidate be selected for membership. According to BrownSteiner, the effect of the proposal would be limited to only those candidates who are very close to making the Review on the combined score of first-year grades and casenote evaluation, and would not compromise the quality of the Review in attempting to opportunities provide to disadvantaged individuals by a per se consideration based on race, sex or national origin; nor would it reversely discriminate against other competitors. Affirmative Action Policy Brown-Steiner's proposal, however, was three votes short of the required majority vote needed to pass it as an amendment. Instead, the proposal made by Brock, former Executive Editor, was passed and became a ratified amendment. This proposal sets forth a policy encouraging the broadest possible participation in the casenote competition, and representation on the Review, of racial minorities economically and disadvantaged or otherwise handicapped students. This objective is to be achieved by electing a Recruitment Officer whose responsibilities will primarily be to communicate the Review's objective law throughout the community, especially to those programs geared for the historically discriminated. Although Brock's proposal received the support needed for its adoption, Brown-Steiner characterized it as "unlike a traditional affirmative action program" in that it does not alter the selection process. Editor-in-Chief Bill Maffucci 10 Opinion extra consideration in the competition." However, Brock said he made the proposal as "an attempt to reconcile those divergent views and to formulate a policy which will receive wide and continuous support from the membership of the Review" Brock emphasized that this is not an affirmative action program, but an affirmative action policy developed as a result of the presumption that a consensus on Brown-Steiner's proposal would not be reached. Brock did not intend his proposal to be in opposition to Brown-Steiner's proposal, which even he voted for, but only an alternative in case a consensus did not emerge. Brock preferred that his proposal be adopted rather than seeing Brown-Steiner's proposal lose and having nothing in its place. Brock also stated that there are some people who disagree about the merit of affirmative action programs on the basis "that affirmative merely discrimination perpetuates discrimination generally and that society should instead reject all forms of discrimination," and that the programs "tend to stigmatize upwardly-mobile minorities, regardless of whether they have in fact been the beneficiaries of some special consideration." Brock foresaw "endless debates over whether a person was really disadvantaged," and feared that the identities of those individuals would become known and their privacy unjustifiably invaded. He felt that it was essential for a proposal to have the widest possible support to assure its longevity and effective implementation, and that his was such a proposal. By being placed in the second paragraph of that part of the Review's constitution which deals with the structure and composition of the organization, the Affirmative Action Policy amendment's importance is highlighted. The only paragraph preceding the amendment in that section is April 18, 1984 vindictiveness to me than class. animosity Letter. . . continued from page 2 Semitism is one outgrowth of this experience. As Ms. Pickett herself points out, many Jewish people equate sympathy for the Palestinian people with anti-Semitism. Such a reaction may be irrational and unjust, but it is at least an understandable one. Certainly, this is a more viable explanation for much of the Jewish toward under which she visited Rikers Island and Ossining Correctional Facility to investigate prison health care. From the information she garnered, Olin helped draft legislation to create minimum health care standards and to have those standards enforced by the New York State Health Department. "There is a real communication exchange over and above the teaching of legal skills in our classes at Collins," asserts Olin. Rynders echoes this sentiment: "The inmates are not they're numbers, humans— people— that you or I could have known. By working in the Prison Task Force, students can gain a better understanding of themselves and their perceptions of those individuals in prison." First-Year Students Needed First-year student Hanif Abdus-Sabr strongly encourages student participation in the program, which he calls "one of the most viable links between the community and the Law School." Abdus-Sabr heard about the Prison Task Force during his first semester at U/B Law, and saw it as a way to renew the activism he had experienced in his three years as a paralegal at Legal Services in downtown Buffalo. "First-year students shouldn't feel they can't be helpful," claims Abdus-Sabr, who this past semester has helped teach classes at Collins in Shepard's citations, the West key number system, how to brief a case, and how to distinguish cases on their facts. Abdus-Sabr particularly hopes that more minority law students from U/B will sign up with the Prison Task Force. "Given that 80-85 percent of the inmates at Collins are minorities, our program must engage in some image projection. These people have been through the other end of the legal system, and we want to show them that not all lawyers are white, not all students are unconcerned." "It is clear to us that inmates won't learn how to draft legal papers in eight two-hour sessions or less," concedes Bloom. Yet the U/B Prison Task Force continues undaunted in its work of educating and relating to prisoners, and of offering law students the individual rewards of knowing that their extra time can be well spent. Jesse terested in bringing about positive social change, Jackson, in view of his widelyreported "Hymie" remark, and neutral Middle East policy. Instead, Ms. Pickett simply condemns all Jews as bigots. What is accomplished by such a sweeping accusation? It serves only to alienate Jewish people from black people, and to foster hatred between persons who share many common goals. Ms. Pickett's view is reminiscent of XXX literature depicting all Jewish people as Communists. In order to forge a true rain- bow coalition of people in- progressive-minded individuals, many of whom are black and Jewish, must work together on issues of common interest. Differences of opinion should be acknowledged and understood —not explained away with damaging stereotypes. Open dialogue is essential to this end. Unfortunately, I, as a Jewish person, cannot discuss my differences of opinion with one who has already judged me to be a bigot by virtue of my ethnicity. Sim Coldman �...... President's Corner: Reflections on SBA continued from page 2 (notice, opportunity to be heard, etc.). At times, this emphasis can become tedious and our meetings sometimes seem to get bogged down in consideration of non-issues. But I suspect that this occurs to some extent in all law student governments. And it may not be such a bad thing, because managed properly, the result can be more careful, thoughtful decisions. Thus the full context of my statement following our and we're all very proud of you edited by both. passage of the Child Care Center proposal: "We argue and bicker and argue some A tip of the hat to Tony Tor- res, the law school contact person for Jim Long's University Committee for Quality Child Care. Your hard work and detailed preparation were instrumental in the SBA's vote to more, but the SBA does do some good things." Other Good Things Congratulations to Dewette Aughtry and Kathy O'Garra, U/Bs team in the Fredrick Douglass Moot Court Competition at Harvard last month. This was an excellent showing COMMENCEMENT SCHFni l| support the center. Thank you, Tony. Another fine accomplishment is the longawaited, though excellent, In the Public Interest magazine p ever-patient Rich Furlong and Kathy O'Hara. Thanks to Mary Idzior and Erin Peradotto for organizing the many Commencement events that I am very much looking forward to enjoying. Thanks to Anne Carberry and Judi Hastings for putting together the "Spring Thaw" and to Jack Freedenberg for providing the tunes. The Social Committee deserves thanks for the many successful events ATTENTION SENIORS! Commencement Rehearsal Friday, May 11th Moot Court Room 3p.m. Cocktail Party — If you have not had your portrait taken, but wish to be in the class Saturday, May 19th 10p.m. 730 Sheraton East Hotel Walden Aye. at Thruway — - Law School in your work on the disappearance of Filomena Carlos. Judy Olin, thank you for being there when we needed you and for your energy. Thanks to Mary Ellen Berger, Ray Stilwell, and everyone at The Opinion for your work all year long. Thanks to Hayes O'Connor for your craziness and spontaneity: Long Live the Cylindrical Devices! A general thanks to everyone else, and thanks to Sarah Ayer for typing this. Peace. composite, please arrange for a Does it Better, Faster for Less! sitting appointment Commencement Ceremony AS SOON AS POSSIBLE. Sunday, May 20th 10a.m. f ffmMwt of rrmWu Alumni Arena Call Mike Hamm of Serendipity Photo After Commencement Reception at 694-3447. Sunday, May 20th immediately following the ceremony Talbert Dining Hall Talbert Hall Sitting fee: $8.00 Do it today, so the composite - held this year: thanks Jill and and Anne. Thanks to the Finance Committee and Treasurer Rob Sant for the 1984-85Budget, and for your recommendations all year long. Thanks to George Terezakis and Tracey Kassman for being the conscience of the Kathy Bnwt A Hriiuffp Ssmphs Copied ALSO: Posters •• Flyers Brochures • Tickets • Bus. Cards • Letterheads •• Envelopes 1676 N.F. Blvd. won't be delayed! Amherst 834-7046 3171 Main St Buffalo 835-0100 Enjoy some coffee and donuts, courtesy of BAR/BRI! BAR/BRI DISCOUNT DEADLINE ENtfS APRIL 19th! l==lr=lr^r^i^i^ For all 1984 graduates who register with BAR/BRI, there will be a $25 DISCOUNT off the regular course price ! =lr=rr^r^r=Ji^r^r=lr^f^r =lr =lr=li==Jr==lr^r=Jr=Jr=^r=Jr^ For all 1985 and 1986 graduates, there will be similarly a $150DISCOUNT offthe regular course price. n Sign up at the BAR/BRI table by depositing $50 to receive the discounts I m \yj\J/U \Jm M 401 Seventh Avenue. Suite 62 • New York. New York 10001 • (212) 594-3696 April ,IP, 1984, Opinion 11 �BCMS Provides For Dispute Resolution by Craig Shells Given the desire of today's attorneys to settle certain cases without bringing them to trial, negotiating skills play an important role in the conclusion of out-of-court settlements. These skills can save the client, as well as the attorney and others involved, precious time and money. But who teaches "out-ofcourt settlements"? Courses offered in this area at U/BLaw include Dispute Resolution, Negotiations, and Collective Buffalo Consumer Mediation Service offers an inexpensive and effective alternative in resolving disputes between consumers and merchants. A consumer who feels he/she has been slighted in some way will call and complain to the Better Business Bureau, which will then send him/her a complaint form to be filled out and returned to the 888. This complaint is then forwarded to the merchant who responds in the form of ah answer. (Sound familiar?) The 888 then forwards complaints and answers to BCMS, whose role is to "mediate" these Bargaining. Moreover, there is an organization within the Law School which offers practical disputes in order to reach a setexperience in dealing with tlement. "real world" problems. The Our name is somewhat of a misnomer. Although we are called a "Consumer" Mediation Service, our rule is to impartially aid the parties in reaching an integrative settlement whereby both parties can achieve what is most important to them while giving up as little as possible. Mediation begins with a letter sent to each party detailing who we are and what we are doing. Almost all mediation takes place over the phone (although we have held faceto-face mediation with the parties in the presence of the mediator and our advising attorney, RorrCohen). Telephone mediation requires objective and logical thinking combined with a fair degree of patience. Riding the Oyster's Ice Skates And Other Odd Endeavors by Mark Mulholland People do not carry chaise lounges into elevators, and it is not at all clear that they should. After all, chaise lounges, unfolded, take up more room than the average elevator floor plan has to offer size as much as from the lack of a need for shade. Shade is what a linden tree offers, regardless of what color it has been dyed. But linden trees should not be dyed. At this point, even those with gargantuan cephalic indices would probably be useless to the unknown rider. But can one say this? Not without a mouth. A chartreuse linden tree would also be eminently unemployable in the elevator environment; this uselessness stems not from the elevator's of this introduction to the following conclusion. of this Regardless understandable difficulty, it is important to continue. If the reader has ever been marooned, then he has seen a lot of reddish paint. and would, therefore, be rather unable to perceive the relation Hazelnuts, of course, will not grow on the Hawaiian permafrost. Hawaii, of course, has no permafrost. But that does not make the permafrost any better of a place to raise integrity and professionalism. form a community service. These characteristics cannot Next year BCMS may be exbe taught as well as they can panding into some criminal be acquired through on-the-job and family dispute mediation also. So get involved! Watch experience. BCMS is comprised of se- for signs or contact next year's cond and third-year law director Susan Kozinn. students who are willing to Remember, the skills acquired devote two or three hours per through this type of experience week in order to expand their are a marketable asset for any negotiation skills and to per career. Almost Law Review Wins At Basketball by Randy Donatelli Proving that unselfish and intelligently played basketball can emerge victorious over the "schoolyard" version of the game, the Law School champion team known as Almost Law Review captured the University-wide Intramural Basketball Championship with a 54-45 win over the Main Street League champs on March 29 at Alumni Arena. On March 27, Almost Law Review won the Amherst League with a two point victory over a team of scrappy undergraduates. Earlier in the month ALR garnered its second consecutive Law School championship with a victory over Fat Daddy's Takeout. In two years of intramural play ALR is small hazelnuts. The best place is a hazel. Now is that a spurious distinction? Bring this up during your next interview and you will be impressed with the results. As this magnificent undefeated. Larry Regan showed why he assortment of insights spurts to is the most dominant player in a conclusion, one would do as he scored at well to- consider how calming UB intramurals the semifinal and will during its effect has beefr And that is the oyster's ice skates: the final games. Larry put on an excellent display of shooting, regliding slide or clams on ice. bounding and ball handling, and was the team's most valuable player the last two seasons. Recent acquisition Mark Metz played solidly all year and had a great second half in the final game. Guards Scott Segal and Rob Bursky played their usual good games during the playoffs. Forward John Richardson was a defen sive standout and had his best games when they counted most. Captain Rob Bursky headed a squad that was plagued by apathy and absenteeism for much of the season. However, by the playoffs ALR had once again molded together and played well as a unit. The team will miss Regan, who graduates this May, but the rest of the squad Will season to extend their unbeaten streak and defend their championship. The team members of Almost Law Review include: Regan, Metz, Bursky, Segal, Richardson, Randy Donatelli, Gary Kamin return next sky and Andy Fleming. Once is enough! — Some things are better the second time around taking the bar exam isn't one of them. Take a good look at the Josephson BRC Course and we think you will agree that there is no better assurance that you will have to take the bar exam only once. No other course offers the kind of complete integrated study system which simultaneously builds substantive knowledge and confidence. With the finest law summaries and lecturers and the most comprehensive testing and feedback system in the state, you can't go wrong with BRC. v\A/y •mill iffiDaaaSSllllllli BRC WITH YOU EVERY STEP OF THE WAY SUCCESSOR TO THE MARINO BAR REVIEW COURSE Eastern Regional Office: 10 Easr 21st Street, Suite 1206, New York, NY 10010, 212-505-2060 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-04-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/18/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/286a5da2d41ea7dde54a3ab846591296.pdf 3c3acfccb2e182993c73f188555e6a85 PDF Text Text Vol. 24:11 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 4.1984 U/B Law Students Triumph In Douglass Moot Regionals are important to minorities by Margo Beasley On March 3,1984, third-year U/B Law students Dewette Aughtry and Kathy O'Garra and the society at large. At the Aughtry and O'Carra argued that the Court had the authority to modify the decree because: (1) the layoff policy had of the effect discriminating against same time, participants are able to sharpen those skills which are essential to the fine scored a triumphant victory in art of appellate advocacy. This year's problem dealt minorities, who but for the Frederick Douglass Moot Court Competition at Harvard with an affirmative action discrimination would have acLaw School. The team won issue. Stotts v. City of Memphis crued senority rights; and (2) best brief and was second Fire Department is an actual the implementation of the runner-up in oral arguments case which will be argued layoff policy would not have a for the Northeast region. Their before the Supreme Court in its retrogressive impact on the afOctober term, 1984. Stotts, a firmative action goals volunwinning brief will now compete Black Fire Department Cap- tarily agreed to in the decree in the National competition betain, and other minorities and thus turn the decree into held from April March 28 ing 4th at the University of St. similarity situated entered into an instrument of wrong. As first-time participants in a Louis School of Law in a consent decree with the City of Memphis which embodies moot court competition, Missouri. The regional and national specified hiring and promoFrederick Douglass Moot tional goals to increase the Court Competitions are spon- percentage of minorities in the sored by B.L.S.A. (Black Law Fire Department. Plaintiffs Students Association) as part alleged discrimination when of its annual conference. As the City, as a result of its fiscal B.L.S.A. delegate, this author crisis, was forced to implement by Tony Torres represented U/B at this year's its layoff policy whereby those conference, whose theme was employees last hired would be On March 8. 1984, the SBA "Accountability and Ex- the first fired. The District passed by a vote of 19 to 0 a cellence to the Black Com- Court of Tennessee enjoined proposal to support the efforts munity." Traditionally, the the proposed layoffs, and the of the University Committee Frederick Douglass Moot City argued that the Court did for Quaffty Child Care. The Court problem focuses on not have the authority to do proposal is reprinted below critical civil rights issues which so. includes a contribution of Counsel for Mr. Stotts, and two thousand dollars, to be paid over a two-year period. The proposal is the product of months of deliberation and hours of work. Jim Long, Chairperson for by Victor R. Siclari participated. the Child Care Committee, students Koscielniak cites two possible brought forth a 13-page The One-on-One Program, factors for this dramatic drop. presentation detailing the need designed to allow students the One factor is the change in the for the Child Care Center. A needs analysis that was imopportunity to spend part of a selection process of the atday with an attorney at a torney that allows the student plemented by the Committee mutually convenient time, is to choose the attorney rather showed that "994 slots of Child now in its third year. The idea than having CDO pair the stu- Care time" would be used per for the program derived from a dent with an attorney. The week. The proposed daily National Association for Law other factor is that this is the hours of the center would be Placement meeting attended first year that both juniors and 7:30 a.m. to 11:00 p.m.; Monby Associate Dean Alan Carrel seniors have had a previous op- day through Friday. The Child and Career Development' Of- portunity to participate in the Care Center, which would fice Assistant Director Audrey program. When the program open in the fall of 1984, will be Koscielniak. After speaking to started three years ago, there located on the Main Street representatives of several law were three years of law classes Campus in what is now known schools, U/B Law School decid- that were fresh to the program. as Butler Annex A. Occupancy ed to model its program However, this year the pro- will be available to 60 children primarily after that of South gram is a new opportunity only per hour, the slots to be dividTexas Law School. to the freshmen and transfer ed 50 percent to faculty, staff and professionals and 50 perIn the first two years, CDO law students. placed information about the The attorneys participating cent to students. Tuition for program and a selection form in the program were those who users will be based on a sliding in each student's mailbox. The reponded to a letter signed by scale range from 75 cents to student then filled out the the president of the Erie Coun- $1.45 per hour per child. The form, indicating a preference ty Bar Association, dean of U/B center will be staffed by for the type of attorney to be Law School and president of qualified professionals and matched with. Once the form the U/B Law School Alumni will meet all state and local rewas returned to CDO, the stu- Association. The attorneys' quirements for a Day Care dent was paired with an at- names were obtained from two facility. The Child Care Center torney. However, because this mailing lists: the Alumni will be chartered as a not-forwas such a time consuming Association (1500 names) and profit corporation under the task, this year the CDO follow- the Erie County Bar Associa- laws of New York State. A ed South Texas Law School tion (2500 names), although the Board of Directors will oversee the operation, and a Center program more closely and majority of those who respondDirector will handle the day-toperstudent to ed were alumni. allowed the Koscielniak explains the day activities and consult with sonally pick the type of attorney s/he would like to meet reason for the attorneys' in- an advisory board made up of volvement as a "commitment experts on Child Develop nent with. Unfortunately, slightly to the profession. One at- from the University. The Committee needs an under 80 students have been torney called me," she said, $120,000 to impleestimated recounted when he first pool a of 317 "and matched up with attorneys, whereas in each of got out of law school. Another ment the center. The center the past years over 200 continued on page 9 would have to be self- - —photo by M.E. Orvis Third-yea' students Dewette Aughtry and Kathy O'Carra Aughtry and O'Carra's victory is a true exemplification of "sweet success." The two battled Buffalo's crippling 12-inch snowstorm which caused them to miss practice rounds and almost prevented them from leaving the City of Buffalo. Said Aughtry, "It was well worth the time, effort, and long nights." "It was a truly invaluable experience from both a personal standpoint and as a law student," added O'Carra. SBA Contributes $2,000 Sum For Child Care Center Funding One-to-One Program Needs Participation sufficient after commencing its operations. At this juncture, the Committee has realized $27,000 from student organizations (including the SBA contribution); another $32,500 has been alloted from C.W.E.P. and F.S.A. A fund drive has already begun in hopes of attaining another $37,500. The difference of $23,000 is to be requested from other student associations. The fund drive started with a Child Care Awareness Day held on March 28. A table on the first floor of O'Brian Hall was manned by members of the Parent's Law Students Association (PLSA). The SBA was first approached in the fall of 1983 at which time no specific request was made by the Child Care Committee. The Finance Committee, having gotten hold of the request, had to table discussion due to lack of information on the project; lack of communication delayed any movement until second semester. Once contact was made with Jim Long, the information and details the SBA desired began to emerge. The request the Child Care Committee made was for $2,500 from the SBA. Work still had to be done to continued on page 9 Students Face Reality In Law School Clinics weeks on "intake." This consists of interviewing clients U/B Law School's clinical who call, or walk in to, NLS program provides students with housing-related problems. with an opportunity to earn Following intake, everyone in credits outside the classroom, the Clinic meets with McCarwhile getting practical ex- rick and Alex Burzstein, head perience in a specific area of of the NLS Housing Departlaw. The Housing Clinic, just ment, to discuss strategy for handling cases. one of the eight clinical proPursuant to a New York grams offered at U/B, operates State Practice Order, thirdout of Neighborhood Legal Services (NLS) of Buffalo. Each year law students in clinical law student enrolled in the programs may appear in most clinic handles about 20-25 New York courts under the supervision of an attorney. cases a semester. This semester all six students in Dorothy McCarrick, formerly a professor of Family Law at the Housing Clinic have apthis school, is the Housing peared in court at least once. Clinic instructor. She explained Appearances are usually that cases handled by the before the Housing Court Division of Buffalo City Court, students involve most exclusively landlord-tenant although it might also be in disputes, with the students Town Court, Small Claims representing the tenant. Since Court or the State Supreme the Clinic is based at NLS, Court. Last semester, a thirdwhich only accepts clients who year student in trie Clinic meet certain low income represented a tenant in a twoguidelines, most of the clients day trial in Supreme Court, are indigent and in need offree Special Term, for a case involvlegal assistance. ing a lockout and conversion Each law student spends a of chattels. few hours every couple of continued on page 9 by Mary McManus �. .. - . V0|.«,N0.1l ; ; Wednesday, April 4.1984 I Editor-inChief ;;. ; ;." :■ : •'. Mary Ellen Berger >•'.*»;! '-\ '.•.-.■ •_-;■"■ ■ Managing Iditor Ray Stilwell News Editor: N Victor Siclari \■ Feature Editors: Wendy Cohen. " AndyHViets .; • :' " Business Manager: " Bob Cozzie ' Staff: Ted Araujo, Martha Beach, Alan ). Bozer, Robert Bursky, Victor |. D'Angelo, Randy Donatelli, Cliff FaJk, Seth Fitter, Pudge Meyer, Kathy . O'Hara, Creg Phillips, Anna Marie Richmond, Eric Turkewitz, Jud Weiksnar Contributors: Jim Arnone, Margcr Beasley. .Mary McManus, Mark Mulholland, Dan Pozefsky, Sue Terry, Tony Torres , ;i■■ - ~*-~~' '. ;: - J . '■ ~' - ""' •" Copyright IW4, Opinion, SBA. Any republication of materials herein is strictly prohibited "without the express consent of the Editors Opinion is -published every two weeks during the academic year It is the student newspaper ot the State University o* New York at Buffalo School of Law. NUN YAH Amhersl Campus. Buffalo. New York 142b0. The views expressed in this paperare not necessarily those of the Editorial Board or Staff ot Opinion Opinion is a non-protit organization. third (lass postage entered at Buffalo. N V. Editorial Policy ot Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law fees. Composition & Design: University Press at Buffalo -— . - - Our Readers Write To the Editor: The March 14,1984 issue of The Opinion ran a most interesting article, a rare piece of writing that combined sensitivity and reason. Titled "Public Shouldn't Be Misled By Jesse Jackson's Apology," this article expressed the opinions of Robert Bursky on various and sundry topics. I read the article several times just to assure myself that I wasn't imagining it all. Its content led me to the following conclusions: A year ago this month, The Opinion devoted an entire special 1) Mr. Bursky will not vote issue to the growing problem of military proliferation and the for Jesse Jackson. consequential-increased threat of nuclear war. We were then, 2) Mr. Bursky isn't a racist. and are now, concerned by the direction and acceleration of the 3) Mr. Bursky doesn't think arms race, and by the polarization of views on a subject —human much of minorities. survival -7-ip favor" of; which opinion should: be".far more Suffice to say on point one unanimous. The-'vfeit by Dr. Carl Sagan to C'Elrian Half last week that Mr. Bursky is well within emphasized to us that the problems that we explored last year rehis rights not to vote for Jesse main, and indeed that they; have .worsened. Although Sagan's Jackson, and to think mean views wilt have been thoroughly'reported by the time you read thoughts about him if he so this issue, we felt it important to highlight some of them to reinchooses. Much has been writforce, the,stance we took a year ago: that nuclear war is an allten and commented during the too-imminent possibility, and that we as citizens should be strivcurrent presidential campaign ing, to reduce, if not eliminate, the threat to our species. about Jesse Jackson's alleged It has not been a,good year,for arms control. The Reagan administration has held fast to its promise to build or develop every anti-Semitic views, or lack weapons system conceivable—ranging from Cruise missiles to thereof, his sinister embrace of the B-1 bomber to the much-revised MX system to a long-term Arafat, etc. I'd rather not conplan for a "Star Wars" technology. The administration continues tribute to this debate here. to pursue still more avenues of nuclear-related proliferation, one As for point two, I apof the most recent being a proposal to develop and deploy anti- preciated Mr. Bursky's up-front satellite weaponry. When the Soviet Union left the Geneva arms disclaimer that he isn't a racist. talks, the administration offered nothing but harsh rhetoric to However, such a gesture persuade the Russians to return. And recently, the changeover in wasn't necessary, since all one Soviet leadership presented an unexpected and potentially fruitneed do is read his article and ful opportunity for a change in Washington's tune; no such this fact becomes crystal clear. change, however, was forthcoming. As a result of some of the On to point three. Mr. Burforegoing factors, a group of scientists, which monitors the state sky' states, "Jackson of the nuclear threat, decided late last year advance its symbolic epitomizes a prevalent type of "doomsday clock" a minute closer to midnight.:We are now. minority in hypocrisy today's closer to that hour, in that group's learned-view, than we have> community. Minorities can been at any time since the,Cuban missile crisis of.fdpZ--. Why are the prospects for survival getting worse instead of get, but need'hdf give. They better? We have to conclude that the blame lies substantially can hate, but cannot be hated. They may condemn, but may w«th the dangerously outdated and sometimes ill-founded thinknot be condemned." Ah, but ing of the incumbent administration. The supporters of President Reagan's ongoing arms buildup stick to the outmoded position the best is yet to come. "Words that more bombs are necessary for;greater national security, or, of hate and prejudice that are as Sagan put it, that our fort will only be more secure than theirs spewed forth from the mouths if we have more snowballs than they do. Civilization as we know of minorities, however, are it, however, can only be destroyed once, and each U.S. nuclear tolerable, if not morally submarine can single-handedly perform much of the task of ■ justifiable." Is that a fact? destroying the Soviet portion of that Civilization. Surely, then, Jesse Jackson is a prominent the administration's insistence on more and better weaponry is figure in the American minorinothing more than a call for overkill upon overkill. ty community, but few would We must also question the knowledgeability of the current adsay that he represents, speaks ministration. Scientists,-Sagan among, them,, have expressed great for, or "epitomizes" the concern about Reagan's understanding of the implications, and community as a even the mechanics, of the nuclear arms race. (Apparently, uptil minority Thus, whole. I feel Mr. Bursky very recently, the President incorrectly assumed that ICBM's has made a serious mistake if could be recalled following their launch and returned harmlesshe used Jackson's words and ly ) Many knowledgeable people in and out of the scientific community have a better understanding of these nuclear-age realities actions as the basis for the than Reagan; unfortunately, it is he, not they, who controls bur above quoted pearls of share of the 50,000 nuclear weapons currently stockpiled on this wisdom. I share Mr. Bursky's outrage at Jesse Jackson's planet. '. In. the opinion of many, including us, any of the three- '.'Hymie" remark. It was an unDemocratic .candidates foe President would' be" more, apv fortunate and regrettable propriate, and safer, guardians of our nuclear arsenal. We must, statement, and Jackson did however,; criticize-Cary Hart and Walter Mondaie for aiding apologize for it. Now, Mr. BurReagan's re-election campaign by fighting so viciously among iky, do you share my outrage themselves. At last week's debate televised on CBS, the two canat Ernest Hollings' "wetbacks" didates fought bitterly over the significance of Hart's delayed statement? If you're unaware support of a nuclear freeze. The issue should not be who sup*- or it, don't worry, you've plenported the freeze first, but whether the Oval Office will continue ty of company. to be occupiedby a freeze opponent for four more years (or until There was a straw poll conthe buttons are pushed, whichever come first). The bickering ducted in Dcs Moines, lowa, over Hart's record only makes the latter possibility too likely for this past October. Ernest Hollcomfort.. We think it important, then, that concerned citizens work ings finished third behind Walter Mondale and Alan toward obtaining representatives in the White. House and in Congress who truly represent their desire for the survival of our Cranston. This wasn't a big surcivilization. The Opinion has already supported a Presidential prise What was a surprise was candidate who we think Can help bring this goaf about, but the Hollings' reaction to the result: election of either of the other Democrats, or even an enlightment "You had wetbacks from of the incumbent, would be an improvement over the existing, California that Came in here dangerous status quo. If some readers prefer to remain for Cranston." (quoted -in apolitical, there are nonetheless ways for them to express their Nuestro Magazine, October 1983, p. 63). It seems that Hollinterest in the4 goal of survival. Everyone should be conversant enough in the technical, political and social realities of the ings was under the impression nuclear age to understand what is at stake. Recent sequences' in (hat the other two candidates the New Yorker by Jonathan Schell and Freeman Dyson pose had colluded to import supcomprehensive starting points for those'with some reading time:. porters for the poll, thus reducOthers might want to review the articles, and commentaries in. ing his chances for victory. our special issue from a year ago. All of these materials are oh Now I know this is politics and reserve in the law library (under The Opinion), and we invite all to a lot is at stake, but really, was read them and decide where they lead us, ;';.':... up The Struggle to Survive . .... 2 Opin'inn April 4, 1984 * .';-.•'-.;! Jackson In Defense of Rev. the word "wetbacks" a nice gressive platform that addresses the needs of women, As a Mexican-American I poor and minorities in this find this word personally of- country. Anyone who supports fensive. Having had it hurled at and protects the rights of the me at several points in my life, Palestinian people immediately becomes an enemy and antiI think I'm justified in feeling this way. But I would not be Semite in the eyes of most justified, nor would it be Jews. I will challenge anyone tolerable, for me to say that to look more closely at Ernest Hollings epitomizes the Jackson and they will find no feelings of today's majority concrete reason to be afraid community toward Mexicans that the man is anti- any group and Mexican-Americans. If or person. The man is pronothing else, being the target human, and his life has been of "words of hate" has taught dedicated to the pro-human me to differentiate between stand. Operation Push, People the dumb remarks of one per- United To Save Humanity, is son and the beliefs and feel- an organization that was ings of an entire racial and/or founded and chaired by Jackson. Its purpose and goals ethnic community. Before I leave there are just are to assist poor people nata few things I'd like to present ionwide. This is only a small for your leisurely considera- example of Jackson's work and a demonstration of his concern tion. Why wasn't Hollings constantly badgered about his for poor people. To set the record straight. remark? Why wasn't his "wetback" statement given the Blacks have no history of oppublicity Jackson's "Hymie" pressing, exploiting or insulting statement got, and continues any group publicly, privately or otherwise. The political to receive? I'd like to take this oppor- commentary by Robert Bursky tunity to invite Mr. Bursky, or in the March 14 edition of The anyone else, to visit us in the Opinion, entitled "Public LANALSA office, 509 O'Brian Shouldn't Be Misled By Jesse Apology," Hall. We'd be happy to discuss Jackson's these issues, and I'm sure the demonstrates the systematic visit would be mutually contempt and dislike that he thing to say? . has for this Black man and for beneficial. people of color. The article lacks intellectual and substan- Alberto M. Benitez President, LANALSA . tive content for an attack on Jackson's program and ideas. It is an attack on the man. Unfortunately, Mr. Bursky and many White Americans cannot rise above their racism and evaluate and analyze Jackson based on his qualifications and what he has to offer To the Editor: I consulted1 several dictionaries for the meaning of the word "hymie"—the word is conspicuously absent from the dictionary. Thus, I concluded America—he can deliver her the word "hymie" has no from the social problems of historical basis of being a high unemployment and the racial slur or anti-Semitic. For constant threat of nuclear war. the American media to pick up Gerri Picket that word and blow it out of proportion is a typical example of looking for something to be defensive about, if you can't directly address your real concerns and fears. The real concern of the American media and most Jews in their attack on presidential candidate Rev. Jesse Jackson, who is the most qualified of all the candidates, is the fact that he is a Black man. White Americans' racism will not allow them to conceive that a Black man has the best record on the question of peace and the most pro- Io the Editor: This is a written response to Robert Bursky's comments on Jesse Jackson which appeared in the last issue (The Opinion, March 14, p. 3). I feel the necessity to reply to a type of argument and thinking which appears frequently in neoconservatism, and which Mr. Bursky's remarks exemplify. the polemic attack on Rev. Jackson represents an attitude which surfaces whenever a representative of a traditionalcontinued on page 3 ;* **************************** ; The Opinion will hold elections for the 1984-85 Editorial Board . ; ; ij:I • . on Thursday, April 12, 1984 at 4:00 P.M. in Rm. 724. All Law Students are eligible for ', \ these positions but must be present . for nomination. ; ! \ * V [ All current staff members may 1 ' participate in the voting. \', �Our Readers Write. continued from page 2 ly disfavored segment of American society (ethnic minorities, women, alternative life-style practitioners, etc.) is in a position of high visibility that normally would be reserv- Rev. Jackson demonstrated bigotry—l hope Mr. Bursky has never used the word "nigger"), and I don't condone them. I would not be surprised to discover that many other ed for white males. Whenever public figures have made una minority representative or a complimentary or ill-judged woman achieves a position of comments in private which authority or responsibility in went unreported because they the government or corporate were white. This is surely as hierarchy, whether by competi- prevalent a double standard as tion or assertion of right, that the one Mr. Bursky describes, person is held to a muctf higher with much more evidence and standard of performance than social history to support the his/her white malc^counter- claim of its presence. part, and is continually made Mr. Bursky has the temerity to prove that he/she deserves to belittle Rev. Jackson as not the position held. Only by be- being a true man of the cloth, ing exceptional, by being "on calling his comments "a call" to demonstrate superiori- perversion of the faith he ty, are such people able to espouses, and an offense to maintain the prestige and those who are faithful to the respect accorded their white tenets of Christianity" (one of male brethren. Mediocrity, which is "Judge not, lest ye be frailty.and poor judgment are judged"). To denigrate a career not tolerated to anywhere near of public works as hypocrisy the degree as with those who on the basis of one remark, to traditionally hold important categorize anyone with a few positions (and control the strokes of the pen, is insensitive, arrogant, and irrational. distribution of them). I find it interesting that Mr. Rev. Jackson demonstrated poor judgment in his remarks (I Bursky thought it necessary to am not blessed with Mr. Bur- categorically deny any imsky's omiscience, and plications of racism on his therefore cannot say whether part, and to accuse Rev. Jackson of. "lying through his teeth" when doing likewise. I am in awe of Mr. Bursky's uncanny prescience in determining Rev. Jackson's motives and true feelings. I am also amused at the notion that if one is not vulgar, overt, or malicious, one is not racist (not to mention the idea that simply denying something ends the issue; were that true, Richard Nixon should never have been in- vestigated for Watergate); that double standards, vitupera- tion, oversimplification and general character assassination based on one remark can escape the charge of racism if the writer denies it and the words are glib is not to be taken seriously. Articles such as Mr. Bursky's are examples of a worse kind of attitude, one that does not consider the premises which lead to it or the consequences that follow. It is time we white males gave everybody the same leeway we give each other and take for granted as our due, or held ourselves to the standards Mr. Bursky measures Rev. Jackson by. Who would pass? Dennis Cleary - Review Your Faculty Members To Law School Students: Professor Paul j. Spiegelman will be considered for tenure in the University, and for a promotion to full Professor during the 1984 fall semester. Teaching ability is a major factor in the tenure review process, and assessments of a candidate's teaching from students who have taken his courses are an important source of information for the committees that make recommendations to the President of the University. The Law School's Promotion and Tenure Committee has already solicited letters from a sample of students who have taken courses from Professor Spiegelman. If any of the rest of you wish to submit a written evaluation of his teaching, please feel free to do so. As you might expect, thoughtful and detailed discussions of the candidate's strengths and weaknesses as a teacher, and of his relationships with students, are more helpful to the Committee than conclusory statements that a particular course was good or bad. Also, signed letters have more credibility than anonymous statements; un- signed submissions will not be considered. Student letters become part of the candidate's official dossier, and are available to the Law School Promotion and Tenure Committee, the University-wide Presidential Review Board, and the President of the University. However, the letters are not disclosed to the candidate or to anyone else who is not involved in the review process, so you should feel free to be frank and candid in your assessments. Letters can be mailed to me, put in my mailbox in the faculty lounge, left in my office (Room 412), or left with Mrs. Farrel in Room 408. It would be greatly appreciated if you could suj>mit your letter by April 10,1984. Thank you for your assistance. -Wade Newhouse Convenor of Visiting Committee for Paul J. Spiegelman FACULTY RE-APPOINTMENTS Four Law faculty members (Professors Binder, Carr, Marcus and Meidinger) are being considered for reappointment to 3-year terms. As part of the process, the Promotion and Tenure Committee solicits letters, written under the above guidelines, from students who — HONORS CONVOCATION The Law School w« hold Hi Fourth Honon Convocation to make awards to deserving student* for their performances last year. Awards wM comprise of certificates and cash. Al students are encouraged to ; attend this ceremony which wM be heht : :j — - : Aptil 4 1:00 p*m. ' in the Moot Court Room WEUNBDAY have taken a course from the above listed faculty. Submissions should be given or mailed to Cleo lubulis, 319 O'Brian, by April 10,1984. Library Donation . —photo by lim Amona Third-year students Chris Fink and Pat Higgins Fink and Higgins Succeed in Mugel It has come to the attention of the Editorial Board of The Opinion that certain facts were misstated or deleted from the article in the Mugel Tax Competition which appeared in the March 14 issue. Primary among those facts is that the Best Brief Award in the Intra-school Competition was won by the team of Pat Higgins and Chris Fink, not by the Bozer Kawa team. The Higgins and Fink team also represented U/B Law in the National Competition where they won both rounds of their preliminary arguments. Dan Pease, in his capacity as Director of the Moot Court Board, wishes to add to the article's mention of Lisa Rodwin's contribution to the Competition his sincere thanks to Mary Aramini and Sharon Wick for their efforts on behalf of the Competition. One last item of errata is appropriate. The article in no way intended to impugn the professional capability or integrity of Professors DelCotto, Creiner or Zimmerman, by suggesting that they required "priming" or "preparation" for their roles as judges in the final rounds of the Intra-school Competition. The Opinion regrets any misunderstandings that may have resulted from the syntax of that paragraph. Clarified To the Editor: I would like to clarify certain statements in The Opinion article of February 15, 1984, the source of funds Center in the Law the Koren for Library. The funding will come partly from university funds and partly from an anonymous donor. That donor has graciously suggested that the center be named in honor of M. Robert Koren, Chair of the UB Council. I would appreciate your efforts in bringing this information to your readers' attention. concerning The Law Library is to students which several years. pleased to revive hasn't been a service available for two ibm selectric typewriters are now available for student use in room 334 (the third-floor conference room). room regular library is open durinc Identical typewriters The hours. are also available for student use in the other university libraries. Very truly yours, Ellen M. Gibson Associate Director Law Library The Buffalo National Guild presents Women In Arms (an examination of the part played by women in the triumph and consolidation of the Nicaraguan Revolution) and El Salvador: Another Vietnam (an analysis of the civil war in El Salvador). Both films are free and will be. shown together on Wednesday, April 4, 2:30 p.m., 106 O'Brian Hall, AC, arid Thursday, April 5, 5:30 p.m., 106 O'Brian Hall, AC. the Association of Women Law Students (AWLS), International Law Society (ILS), Latino, Asian, and Native American LXw Students Association (LANALSA) and.-" Black Law Students Association (BLSA). ; \';';'.!; Co-sponsored by .. Page I C «• Hire* ■ (V.t Opinion .IO.tIKV ) 3 �Legal Comm&s&% Crit cal Jurisprudence: by Mark MuHtotfaid ; ; ■l Certain criticisms aimed at a recent assessment of the Law * amounts of formalist tradition, feel unsatisfied that conven- Inevitable Value Judgments Nevertheless, the inquisitive student does not have to rely on these innocent assumptions; the essential logic informing the progressive movement demonstrates the soundr ness of the Law School's approach. Once the student con? cedes that value choice is the heart of every legal decision, (a conclusion inevitably drawn from first-year studies), s/he should logically demand a thorough analysis of how choices are made. Providing this analysis, of course, is an. essential function of critical jurisprudence. Regardless of what appears to occur in the practical sphere, there is no reason for the student to be guiled by what are ultimately technicalities, nor by what cannot know whether there exist the monolithic problems raised by many of the School's professors. Students are thus deemed unqualified to evaluate the critical legal studies movement underway at Buffalo. More fundamentally, it is argued there should be a pro-convention compromising of the allegedly imbalanced critical presentation now offered. Having worked within largely traditional institutions, several of the School's leading cynics, rather possess pragmatic insights. Their admonitions should be received with accordant weight. Unless one attributes to these instructors some motive for deceiving their students, it is unfair to accuse them of doing so. Moreover, it is strikingly ap- • to imprison Detrimental Convention Having ushered into the limelight this transcendent concept, it would be queer for the Law School to suffer increasingly orthodox presentations. The routine dissection of cases, statutes, and doctrinal developments becomes inex- Christopher Langdell considered important 110 years ago. An exposition of these propositions is best set out in a response to the call for com- parent that those teachers who are disinterested in critical jurisprudence and who possess their own practice-based in: sights have not taken the time to paint any opposing picture. In short, while the student may promise. Since the Law School already provides substantial Legal Commentary Economics Presents Possibility System Off Refinement in the more efficient and equitable than a strict liability standard? Is a fault system really more by Ted Araujo One of the finer pieces I've read in this paper concerning legal education is Mark Mulholland's article in the March 14, 1984 edition of The Opinion (on page four). Mulholland is quite right when he states that there is a trend in legal education to examine the desirability of current accepted modes of instruction. He mentions Duncan Kennedy as a guiding light in this epistomological search for a better legal education, and rightly so. Prof. Kennedy has lead the way in introducing efficiency as a criterion for judging contract formation (See 8 Hofstra Law Review, 711 plicable once it is realized at the Law School is thus done these materials are, when with a keen eye toward real learned at face value, useless limitations, with discretionary and detrimental to the analysis in the foreground, and allow the substudent's development. Stare with care not to decisis, issue spottjng, case dif- conscious adoption of ferentiation, procedural restraints. The message of the norms, and so many other curriculum has been that law making and'law application hollow, yet enormously inhibitive, concepts establish are non-divergent activities. any demand for "some" compromise is actually a demand for "more" compromise. There is room for no more. The author acknowledges this is a practice in line-drawing; the results will subsequently appear capricious to some, and probably many. Regardless, there is neither justification among attorneys excessively behaviorial patnor time for more compromis- rigid terns—rigid, in fact, to the ing. Conventional legal thought point of absurdity. Any atevades and suppresses the in- tempt at orthodox teaching, evitability of value choice in beyond that needed for inpurposes, legal decision making. Judicial troductory resolution occurs within, a necessarily risks further indiscourse obscuring the ram- culcation of such restrictions. This is not to say that atpant discretion which the formal, system cannot recognize. torneys practice in a field A study of how and why that without bounds. The message discretion is invoked, as a has been that one cannot function of social, personal, structure arguments tantamount to a debunking of the ideological, institutional, experiential, cultural, and entire administrative law political factors, is the most system; one cannot yet argue that labor is capital; one canimportant part of legal educanot assail the judiciary's right tion. tional legal institutions war- rant such bleak depiction, and may not want to believe ours is School's pedagogy deserve; <;a chaotic field, s/he has little reason to think otherwise. public airing.* It has been urged that inexperienced students Pedagogy or Pedagese? elude that one distribution is better or more desirable than another diametrically opposed system of production or wealth distribution. Unfortunately, when Kennedy finishes his critique he begins to try and use economic theory to show that the more equal a distribution of wealth, the greater the total welfare is for likely to discourage negligent behavior than a no-fault insurance regime? These questions certainly must be addressed in order to make a legal education a meaningful tool withwhich to enhance the operation of our society. The distributions,, Prof.^enneoV . School's attorneys are not competitively functional. Furthermore, the "employability" coveted by those unsatisfied students is, at best, of dubious value. Bereft of the Law Schoolls. broadening influences, it is likely they would be employable only as continued on page 10 Bylaw 13 Compliance LANALSA contribute to the improvement of social institutions, the integrity of the legal system, and the realization of a just society. It is in light of these factors that we open our doors to all and invite you to join us in establishing an ambiance of comraderie that is severely lacking in our country today. Every year, LANALSA, in conjunction with the Black Law Student Association, organizes an orientation for incoming law students. We also work on a Law Symposium, both activities being held in . -> use1 >i 4 unemployability. As a purely empirical matter, the Law School's graduates do indeed find work, do in fact learn the techniques, speak the discourse, and go to the "proper" starting places. Although fear and loathing abound, there is little evidence demonstrating that the criminal defen- be devised to reach the above conclusions, their systemic impropriety prohibits the otherwise valid logic producing them. Yet note how very broad these'■ limits are. The actual curbs lie nowhere near the supposed constraints of traditional legal thought. Teaching - . School's graduates unable to speak authoritatively within the tradition, nor able to sufficiently elaborate on the institutional materials. Certainly a focus on the dire problem of choice tends to minimize hardcore doctrinal analysis. Criticisms thus arise bemoaning the graduate's lack of technical skills, inability to speak in ttie tongue, and failure to know where to begin. These "inadequacies," over and over one hears, amount to dants. On another level, all arguments must be structured within the proper discourse. Indeed, the complaint must be well pled. These are some of the broad cultural and institutional limits on legal argumentation. While potent and perfectly legal arguments can The Latin, Asian, and Native American Law Students Association would like to. take this opportunity to introduce question remains whether the the society.- ! itself to the Law School at aptechniques used by a number. professor who A U/B of the professors at U/B Law pears to agrees with this thesis large. As a chartered organizaare enhancing our educations, is Betty Mensch. Her class on tion of the school we would or are building new and forJurisprudence is one of the like to emphasize that midable biases and prejudices new genre of Law School ex- membership is open to all full against modes of thinking that periences which Mark or part-time students enrolled can and do represent valuable Mulholland refers to as an at the Law School. We emtools for constructing and escape from the "bitterness, phatically encourage all those evaluating, a system of reladepression, disillusionment, students who share our intionships and expectations and often outrage" occasioned terests and goals to attend our (1980), as well as the 'Cost which exist and are Vet to be by the past formal istic mode meetings or simply stop by our Benefit Analysis of Entitlement developed. of legal education. (I must office so we may engage in To address some fine points point out that Mulholland open dialogue. Problems : A Critique", Stan-* the major thrusts of our ford Law Review.'Vol 33:387, Of the system here at U/B; I'd' does not say this directly. He fike to turn to the disseminamakes no reference to any par- organization is to effectively -v Feb. 1981 J/: However, in all of-the works tion of. materials concerning ticular class or professor; it is promote the rights and inthat I have read, I have never economics. Kennedy has often my own derivation which I terests of the Latin, Asian, and encountered the desire to criticized what is known in the think is needed to make par- Native American students enrolled in the school and of legal profession as economic ticular criticisms of U/B. totally eradicate the substanand theory, his criticisms have tive learning that has taken Prof. Mensch sets up our communities as they relate place in a doctrinal approach often been well-founded . A economics as a system of ex- to the study and practice of amination which has no rigor law. In the process, we hope to to legal education. In fact, gentleman (now a judge)by"the quality and many would have portions of name of Posnet has written to it and presents no possibility enhance the of respective the perspective a the quite ability to bit about of of to refinement the legal the curriculum subjected greater scrutinty to see if there the sciehce. or economics to system. I must disagree. When ethnic groups we represent by justify, a number of programs, a true economist undertakes a providing a forum for cultural, is true value in the memorizaand legal awareness. tion of formal istic modes of a given distribution of wealth, project, s/he sets out her/his political We to increasare committed of given, assumptions welfare, as Of with the greatest doctrine—such understanI.evels ■ possible accuracy and ing the participation of our ding the laws as written—and tins revolted disclosure. Unfortunately, one people in the legal profession combine this formal mode of education (which Mulholland against tli,is,\"l;pnse,rva.tjyw' who learns economics from by working with' .the adcalls "excruciatingly hard to of economics'•to: plrotecl tne the proliferation of materials ministration, faculty'and, stulearn" and "a shallow lie") status quo of: ■';* .'.Capitalist generated iby Law-and- dent body in the areas of with a greater understanding system and to maintain a given Economics writers has not recruitment, admissions and *> of the political ramifications system of prddjiction and learned her/his economics very retention. We share in goal the and Kennedy always distribution. is corwell. Economists have of those and policy objectives rect, in that economics is not a said, and have recognized commitment of the Law doctrines. .Sichoj>l^ iri jy|ia{...we,,,asp.ire to *i<jm<**Qtm negligence- standard * process bywhietionecan cqtk tdtitiritt&fmva&rro become >> attorneys who will April 4, 1984 Opinion - Myth of "Unemployability" The claim is made that this approach renders the Law a u ' the fall of the academic year. In order to further our goals, we present films and lecturers along with social functions that allow us to mingle with students and faculty alike on an informal level. We maintain an office on the fifth floor of O'Brian Hall, room 509. Someone is always around to answer questions, but if not the executive board members have office hours on: Mon. 9:30 a.m.-10:30 a.m. "i Dennis Ng Wed. 9:00 a.m.-11:00 a.m. Daniel Figueroa 5 Thiirs. 9:00 a.m. -11:00 a.m.. Carla Reynolds Fri. 11:30 a.m.-12:30 p.m. Alberto Benitez Feel free to call anytime (716) 636-2781. La Luc ha Continua, ~" LANALSA \ �Meanderings Schlegel for President!!!!! by Andy H. Viete It is certainly not because I our grading system of H's and entertain any thoughts of im- Q's (as in, "Wow, Cfs; what a Greetings fellow students of mortality. I don't know of concept") so I'm sure our subthe law! I return to you after a anyone who uses my columns commander could sell the rest one issue hiatus, having over- to wallpaper their kitchens (ex- of his Buffalo Model to the come a serious case of writer's cept for me, that is). Anyway, West Coast with ease: It would block. For all of you who were my feelings on this issue are be a challenge to take on highly perturbed with me for more in line with those of Reagan on his home turf, but if not being able to crank out a Woody Allen: "I don't want to anyone can'win in California, column for the last edition of achieve immortality through Schlegel can. Considering that The Opinion, I come back for my work. I want to achieve im- California bought jerry one last stab at mirthmaking mortality through not dying." Brown's act for all those years, this semester. Quite frankly, Now it's time to get to the Schlegel should be a shoo-in. At the very least, Reagan though, I am at a loss to ex- topic of the day—presidential plain your displeasure for, as politics. I've been following would be forced to drop we all know, a picture is worth the campaign so far and I see a George Bush as his running a thousand words (and that serious deficiency. There's mate and make Schlegel his was a nice picture, wasn't plenty of excitement in the vice-president instead. Prom it?—a little dark maybe, but Democratic primaries and that position, of course, he we're not exactly The New caucuses. The problem, though, is that no one on the York Times here). Writer's block is a terrible Republican side is opposing thing for someone like myself Ronald Reagan. Well, I have a wholives by the pen. I usually solution —let's nominate get it worst right around finals Schlegel to take on the Presitime. Last week, however, it dent for the remainder of the by Pudge Meyer was even worse than usual. campaign. This would give our Associate Dean There weren't even any Califorthe chance to Now that a month has gone nia concepts dancing ii^my spread the Buffalo Model by and most of the furor has around to the of head preparing thegfl^elves to rest the coun- died down, I finally got the leap forth from "my subtry (and perhaps alleviate us chance to speak with Rocco while). from it It conscious to the paper before for a would be Donald, a U/B me (now you know that I was perfect: While Mondale is ask- Mac undergraduate and one of the beef?", can't Hart "Where's the in bad shape—l generally ing students who was arrested in carry on a conversation for Schlegel could be asking the infamous Housing "What's bitch?" longer than thirty seconds Reagan your Crackdown of '84. It's too late to get Schlegel Opinion: Rocco without turning it to a discusMacDonald, sion of my adopted homeland). into the New York primary, but to thank you for first I'd like Instead, there was only a ques- I'm sure we could get him into giving me this tion bouncing around within the California contest. They Rocco: 24 Highgate, that's the my cranium: Why in the world would love Schlegel out there! place, the cops came around do I try to write an article like Californians would flock to but we left no trace Oh, sorry. this for every edition of this him as if it were the second Pudge. Just working on one of coming. I know that they like my new raps. And lefs make newspaper? -photo+yM.E. Orvis Our future Commander-in-Chief? would be just a heartbeat (if there's one person who away from being able to base knows pornography, when he our entire system of govern- sees it, it's Katz), and Audrey ment on the Buffalo Model Koscielniak as Secretary of (that is, every bureaucrat in the Labor (in order to equalize the land making arguments). Just unemployment .rate between imagine the kind of people U/B Law graduates and the rest Schlegel would be able to put of the working force at 90 into positions of power: Al somewhere around Katz as the Chief Justice of the continued on page 9 United States Supreme Court Satire Housing Crackdown Interview - - - Vedge's Law - this a quickie I've already been on three radio shows today. O: I'm sorry. Maybe you can tell me just what has happened to your life since you were subjected to the ironhanded, inquisitorial methods of a zimhead police operation. Have you lost a lot of sleep? R: Sure have. The phone hasn't stopped ringing. I'd like to R: Eating popcorn, all eighteen of us. The Tom and lerry Show was on. There's a knock on the door, and one cop asked us what we're doin' in there. So I ask what they're doin' out there. He shows me a piece of paper, but I don't even look at it. It's like, who can read at 7 a.m., you know? Before he says another word, I invite him in for some popcorn. thankO: Then what did the officers O: Thank? Aren't you upset at do? the treatment you received? R: One says, "Holy cow Tom R: Oh, the cops? they were and lerryV and he sits right in cool dudes. They come in at front of the TV. I told him he about 7 a.m. should move back a bit it's no O: What were you doing? continued on page 8 - - : * by Cliff Falk April 4,lM* Opinion 5 �Our favorite editor caught "meandering." . ., You want to submit a news article? (Ha ha ha) IT's APRIL. FOOLS What?! Me worry? The Buffalo Model PHOATNDTHEN Believe me Judy, it's just like beei You have to acquire a taste for it Yes, this is where the wine tasting is being held How can we run a newspaper without ads? 6 Opinion April 4, 1984 - The only way to deal with law school —drink heavily. �Yeah, Ken Joyce's tax grades are up! Ccc, Andy, you guys really have it great up here Boy, that budget hearing was a real ball-buster. How come there are no good-looking women at these law school parties? % Da' eye chaht says, "E-l-E-l-O." Now where did they put that checkbook?! Another unpublishable financial status report from our Business Manager. April 4, 1984 Opinion 7 �The following second-year members of the Buffalo Law Review were elected to editorial positions for the 1984-85 year last week. The retiring Editorial Board wishes them the best of luck during (heir tenure. Bill Maffucci Head Note & Comment Editor Peter Bradley Executive Editor Mitch Banas Note & Comment Editors Paula Ciprich Managing Editors Virginia McEldowney Art Bronson Tim Feagans Cerri Editor-in-Chief Janet Heck Schiffler Susan Schultz-Laluk Adam Wekstein C Publications Editors Book Review Editor Ceorge Bellows Kevin Fay |im Arnone Senior Editors Articles Editors Ken Africano Terry Brown-Steiner Elena Cacavas John Kolaga John Caras Paul Harnisch Steve Markbreiter Paul McCrath Ken Moskowitz Rich Schaus Lee Smith Mark Mulholland y Molly Wagner Art News One Woman Exhibit Graces Capen Hall Works by Maggie Headrick More-Rubin Gallery. Several are currently on exhibit in the times her work has been singlCapen Hall lobby wall display ed out for outstanding cases at the State University of achievement and special New York at Buffalo. The show awards. Manufacturers Hanover will continue through April 14, 1984. .:.:. :: .x Trust Company, General Steel, Since she came to Buffalo, M&T Bank, and RobinsonMaggie Headrick (wife of U/B Connor Inc. are among the corLaw's Dean) has been an active porate collections in which she participant in the local and is represented. Galleries in regional art scene. She has had New York, San Francisco, Los several one-woman shows and Angeles, and Cincinnati handle exhibited in group shows at her work. Hallwalls, AAO, Alamo Mrs. Headrick teaches art Gallery, Erie Art Center, and Chautauqua Institute, among history at Nichols School. She others. In addition, her work is also one of the principal has appeared in selected group creators of the well-received shows of the Patteran Artists guidebook to art, architecture Society, Buffalo Society of Arand sightseeing in Buffalo entists, Spokane National, and titled. Seeing Buffalo. . - New Waves * Albert, King of the Blues Visits Tralfamadore Cafe by Jud Weiksnar During semester break, the blues paid a visit to Buffalo with the appearance of Albert King and his band at the Tralfamadore. The King came across with a grandfatherly demeanor,, spinning yarns and puffing on a pipe. But Cramps never played the blues like Albert King. From the moment he appeared, King took center stage. He was accompanied by his personal valet, who brought out towels, an ashtray, and whatever else the King desired. Solos for the six other members of the band, including a one-armed trumpet player, were reserved for the warmup numbers. This was Albert's show. One of King's better stories concerned the time he jammed with Jimi Hendrix and janis Joplin at the Fillmore West in San Francisco. "Janis, she always had that little glass in her hand." The Hendrix influence shone through more than once, as King would throw in an occasional psychedelic riff. Some of the more in- teresting songs in King's repertoire were "Cold Woman with a Warm Heart," dedicated to the men in the audience, and "The Very Thought of You," a song I hadn't heard since Ricky Nelson performed it on The Ozzie & Harriet Show. To show how funk has influenced the blues, King played "Cross-Cut Saw" in two versions: 1965 and 1984. The 1965, pre-funk version, sounded mono in comparison to the stepped up 1984 variety. The enthusiastic crowd looked like a "Who's Who" of Buffalo politics, with David Collins, James Pitts and George Arthur all in attendance. The band responded to the crowd by coming out to play an en- core even after the house lights and recorded music came on. The management, not to be outdone, told the patrons that they could have another, longer encore—all 8 o'clock ticketholders would be allowed to stay for the 11 o'clock show. About half the people took them up on the offer. Opening the show was Shakin' Smith, one of Buffalo's hardest working bands. They did a fine job of warming up the crowd for the headliners, and even got some of them up to dance before the late show. . . Housing Crackdown Satire. continued from page 5 good for you. O: How about the other of- ficer? R: No, he didn't like Tom and ferry. He just ate popcorn. O: Let's get back on track. You don't seem very upset. R: Upset?! I can't thank enough people the mayor, the . - councilwoman, the school, and oh yes, the landlord. I promise not to forget anyone. O: I seem to be missing something. R: Apparently ypu didn't watch the news last month. Since/ coverage of the incident began I've been hit wih an avalanche of interviews, movie contracts, endorsements O: Over such a peppercorn as a housing code violation? R: The first telecast showed us at the situation. We were just standing around, so I decided to do a little tap dance. Ever since then Murray Arthur wants me as visual arts consultant. I have a guest shot on the show. Fame. That'll probably . - lead to my own series. And I got the lead in a new movie called "I Was a Vaudeville Musician Turned Pro Wrestler for the FBI." It also stars Michael Jackson, David Bowie and Tom Capuano. O: Who? R: Michael Jackson. Back-up singer for a guy named Rockwell. O: I mean who is Tom Capuano? R: I really can't say. Some people think he's the Masked Avenger. I even heard from the American Enquirer - seems like the whole world wants to know who I think makes the best pizza in all of Brooklyn; and how many chicken wings I ate Freshman year. O: And just how many did you eat? R: By the mag. O: How much has all this been worth to you? R: I'm not sure—my accountant is still counting. First thing I'm gonna do is give my mother some money so she can fix up that lousy apart- ment. Jackie Jensen is my agent. He wants me to go on the lecture circuit, but I don't know • What do I know about circuits? O: Maybe you can speak in O'Brian Hall as part of a - special series on R: I don't know. Pudge. I'm already booked solid with public appearances for the next two months. If all goes as planned, I'll be touring the Near East this summer. Did I tetl you that Crapezio wants me to do a commercial? Me and Jerome Robbins. Maybe we could use you as an extra. O: Thafs just great. Rock. R: By the way, in three Tuesdays I'm doing a special Break-dance show at P.J.'s. O: Wouldn't miss it for the world. Rock. Thanks to the media, you've become one of the fastest rising stars in the world today. I'm proud to know you. Just one last question: Where did you learn that tap step? R: Tap step? Oh yeah, don't tell nobody— I stepped on a tack. Movies, Lectures, Music and Theatre at U/B Before finals fever sets in, Opus: Classics Live, broadcast live over WBFO (FM 88): The Amherst Chamber Winds percultural offerings here on the form Dvorak's Slavonic Dance U/B campus; and throughout No. 5; Hummel's Octet Partita greater the Buffalo in £ Flat; Cordon Jacob's Old Wine- in New Bottles; metropolitan area. Mendelssohn's Overture for WEDNESDAY, APRIL 4 Winds; F.Casadesus' London Sketches; and UN's fine LECTURE: The John W. Cowper Vergnugliche Musik, 8.00 p.m., Distinguished Visiting Lecture Allen Recital Hall, first floor, Series: Dr. Howard A. Bern, Allen Hall, Main Street camprofessor of zoology and pus. research endocrinologist at the FILM: Cancer Research Laboratory at The Awful Truth (Leo McCarey, the University of California at 19371 comedy about divorce Berkeley, and a member of the with Irene Dunne, Cary Grant National Academy of and Ralph Bellamy, 700 p.m., Sciences, discusses "Com170 Millard Fillmore Center, parative Endocrinology and Ellicott Complex, Amherst Human Welfare/ 800 p.m.. campus. Room 20, Knox lecture Hall. His Girl Friday (Howard Hawks, Amherst campus. Bern will 190), a conniving editor (Cary also lecture at the University Crant) attempts to lure his star reporter (and ex-wife) back to on April 5 and 6. MUSIC: work amid a fast-breaking Guitarist David Russell per- murder case, 8:45 p.m., 170 Millard Fillmore Center, forms at 8:00 p.m., Slee Concert Hall, Amherst campus. Ellicott Complex, Amherst Tickets available at the door. campus. why not take a break and enjoy one or more of the various ■ , , 8 Opinion April 4,1M4 THURSDAY, APRIL 5 LECTURE: The John W. Cowper Distinguished Visiting Lecture Series: Dr. Howard A. Bern, distinguished research endocrinologist, discusses "Of Mice and Women: The Effects of Early Exposure to Diethylstilbestrol (DESr. 800 p.m.. Room 20, Knox Lecture Hall, Amherst campus. See April 4 listing for additional detail. Photographer led Devine discusses his work at 2:00 p.m.. Room 315, Bethune Hall, 2917 Main Street near Hertel. Sponsored by the Department of Art and Art History. FILM: Liquid Sky, 1983 Russian film directed by Slav* Tsuckerman. described as "the punk world's Raoul," 4:30, 7:00 and 930 pm., Woldman Theatre. Norton Had, Amherst campus. Admission, first show only, $1.50, students;, later screenings, $1.75, students. Eating OPENING: An annual show of student work opens with a reception from 4:00 to 6:00 p.m.. Black Mountain College It Art Gallery, 451 Porter Quadrangle, Ellicott Complex, Amherst campus. See exhibit notes below tor additional detail. MUSIC: Guitarist Paul Skrbin gives a M.F.A. recital at 800 p.m., Baird Recital Hall, Room 250, Baird Music Hall, Amherst campus. THEATRE: Hair, famous rock musical, directed and choreographed by Terry Arm Umanoff. 8:00 p.m., through April 8; also April IMS (April 14 performance will be at 7:00 p.m., however), Katharine Cornell Theatre, Ellicott Complex, •t Harriman Hall Ticket Office, Main Street campus, and 8 Capen Hall, Amherst campus. Tickets will be $4.50 at the door. FRIDAY, APRIL 6 LECTURE: The John W. Cowper Distinguished Visiting Lecture Series: Dr. Howard A. Bern, distinguished research endocrinolpgist, concludes this year's series with a talk on "Neurohormones from Fish Tails: The Caudal Neurosecretory System," 8:00 p.m, Room 20, Knox Lecture Hall, Amherst campus. See April 4 listing for additional detail. FILM: Liquid Sky, 4:30, 7:00 and 9:30 p.m., WoMman Theatre, Nor- Amherst campus. Presented by ton Hall, Amherst campus. Set the student theatrical group, April 5 listing for details. S.T A C.E and the Scannm (David Cronenberg, Undergraduate Student 1981), science fiction horAssociation. Admission: $3.50 continued on page 10 for advance tickets available �One-to-One Prografri: continued Bylaw 13 Compliance by Sue Terry from page 7 took him under, his wing and helped him out. Now he wants to pass on this spirit by assisting and guiding another student. It is like repaying his debt." However, "the primary goal is what it does for students," asserts Koscielniak. "They come to school not knowing what practice is all about. This program gives them an opportunity to find out what thereal world is about. Reality may help in the classroom by putattorney ting things in perspective." Koscelniak also points out that if students are more informed about the practice of law, they will do better in the job market because they will know what to look for, what questions to ask, and what answers to give. Students also learn about the variety of options and what are the dif- ferences in the options. "They are getting the best advice from people in the field on a time schedule that meets their convenience," /states Koscielniak, unlike the panel conferences which may conflict with other commitments. All the U/B Law student is required to do. is come to the Career Development Office in room 309 O'Brian Hall, choose an attorney card in the particular, field which is most ap- The evaluation forms are very helpful to CDO because it givesthem feedback on the program. Last year; 95% of the students found the attorneys cooperative, 95% felt the time was well-spent, 97% felt their pealing, fill out a form, and return in two days to pick up a copy of the letter which is sent to the attorney informing him of the match with the student. Although the attorneys' names are no longer placed on the cards, said Koscielniak, the students should feel free to ask who the attorney is once they have selected the card. "Removing the attorney's name was not done to be secretive," she explains, "but done to ensure order." In the past, students would copy down the attorney's name and contact him/her directly. This would neither allow CDO to send a letter or guidelines to the attorney, nor allow CDO to give the students a guideline or an attorney evaluation form. Now the student must come back to CDO to get the attorney's phone number along with a copy of the letter and an evaluation form. continued from page 1 Burzstein of NLS sometimes accompanies students on their appearances in court and is available to assist them with their' (fates. He noted that the work performed by the students is appreciated since it eases the heavy caseload in NLS's housing department. Burzstein added that the Clinic "has been good for both sides. I know it's been good for us." Students in the Housing Clinic have found participation to be a valuable experience in the areas of making court appearances, dealing Board. Law The office is open most afterSociety is open to all law noons, and information on students interested in en- events and activities is posted vironmental issues. While most on the door. members are public-interest ELS activities this year have oriented, participation is en- included co-sponsoring a couraged and welcomed by Nuclear Waste speaker and those interested in cor- film; adoption of a nuclear porate/private law, and en- waste transport resolution; an vironmental legal defense. ELS Environmental Internship; an serves as an information ex- ongoing research project on change, keeping students in use of New York State's touch with environmental con- "Superfund" for toxic waste cerns at both the national and clean up; and a "Watt Resignalocal levels. We have member- tion Celebration." ship in several larger organizaUpcoming events include tions and receive magazine (unless we get snowed out), a subscriptions, including the canoeing party on Ellicott A'micus journal, New York Con- Creek on April 8. Contact the servationist, National Wildlife, ELS for more information. and Sierra. These are available Canoe rentals will be available at the office, Room 7, located at a reasonable price. TThe Environmental questions were answered willingly by the attorneys, and only 4.7% (representing three people) were unhappy with their match. So far this year, 100% of the responses were positive. The students' involvement with the attorneys ran the gamut and included going to court, meeting with the district attorney, speaking to attorneys' clients, watching a pre-trial conference, attending real estate closings, doing a short assignment, attending a negotiation in a judge's chamber, witnessing a divorce proceeding, and One attorney even offered a student help in the future with his career and another agreed to take the student to an arbitration hearing in the future. One student, forced to end the meeting with the attorney short, was able to arrange to meet again when there was more time, and felt that even the 45 minutes spent with the attorney was informative. Koscielniak is pleased with the students' past favorable responses, but is concerend that some attorneys have signed up for three years and have never met with a student; she feels that these attorneys are meeting with attorneys from the U.S. Department of Justice. Students' responses to the Students Face Reality In Law School Clinics . in the basement of CBrian, next to the Moot Court program were equally interesting: "wonderful, suprisingly enjoyable, and informative"; "It really showed me what the day-to-day experience of a criminal lawyer is like"; "I actively participated 1 iri his routine"; "I discussed the contents of a file in detail with the attorney and the information was offered freely"; "I had many insights into the beginnings of general practice"; "The attprney picked a day that was convenient and interesting." very likely not to participate in the future. "We encourage students to sign up," she claims. "You won't be disap- pointed. are even spring because CDO is very busy in the fall with on- and interviews. off-campus However, this year the CDO will continue to make assignments into summer and fall. The progam also has been expanded to include participation of alumni in the Rochester area, and Koscielniak hopes this expansion will include the New York City area in the near future. Child Care Center. because some real client is depending on you." He added that although this puts extra pressure on the students, it's continued (rpm. page 3 als6 one1 of the' reasons the prepare' r prdposaT wßrch ' You welcome to sign up again." Traditionally, the program has been held only in the . ,. . , : of the amount within the manpower to assist in structuring! the center/ as we)l as to budget hearings scheduled for Clinic is a nice transition from would justify such a contribugive any legal assistance as April, further that the second law school to practicing law. students of the law, though not one-thousand dollars be tion and show the likely sucMcCarrick believes that cess of the venture. Jim work- as legal representatives as we payable by September 30, 1 aside from the practical ex- ed on the technical and detail- cannot as yet act in such a 1984. These contributions would be transferred into the perience, "the Clinic provides ed presentation to the Finance fashion. We offer direct comstudents with an opportunity Committee and the SBA which munication through the Child Care Committee account to reflect on how they feel included three phases of comParents Law School Associaat Sub-Board I. about their professional role mitment and outlined how the tion (PLSA) which can act as a 111. The SBA recognizes that and their relations with clients funds are to be disbursed. liaison between the center and the Child Care Center is a continuing responsibility and that and other attorneys." She asks the Law School. the Finance Committee* In students to discuss such sub- the proposal was cut by $500 11. The SBA encourages the as such may need support in jects as how their perceptions for budgetary reasons. The University to recognize the the future years. Though this with clients and other at- of other attorneys and of their Finance Committee then need for child care and urges it SBA cannot speak for, future torneys, and handling their clients have been affected and presented the proposal to the to fully fund this service. In the SBA's we strongly support the own files. Third-year student how their court experiences SBA for approval, which was absence of such funding, the concept of the Law School Brendan O'Donnell asserted, have compared with their ex- unanimous. SBA President SBA recoognizes the financial united with the University "It's great experience. pectations. McCarrick hopes Greg Phillips commented: burden of the Child Care, Child Care Center, and urge Anybody who hasn't had a that by discussing their ex"You see, the SBA does do Center and hereby contributes future SBA's to give serious manner, consideration to any 'request support in the amount of oneis a this clinic missing valuable part periences in some good." thousand dollars from the cur- from their officers. students will think about what University Wide Child Care of their legal education." rent unallocated line; and an Tom Fucillo, also a third- an attorney is, instead of unCenter We the SBA, pass this stateadditional one-thousand year student, agreed, saying he critically assuming a role after SBA Proposal for Support dollars to be contributed from ment of support for the Univerhad learned more from taking graduation. the 1984-85 budget, the sity Child Care Center for McCarrick added that the Clinic than he would have We the Student Bar Associato with transfer of which would be SUN Y/Buffalo-Amherst this Bth cope students have had in a class covering the same tion (SBA), as the representopic. One student mentioned the frustrations of unsymbody tative of the dependent on the acceptance day of March 1984. there is a tremendous dif- pathetic clients and with the SUNY/Buffalo-Amherst Law ference between classes and knowledge that often their ef- School, hereby pledge our supby Victor D'Angelo clinical experience, since in forts result only in temporary port to the Unviersity Child Final Fear the Clinic you are "dealing relief for clients who will Care Center for SUNY/Buffalo with real clients. You become return with other legal pro- Amherst We are fully aware of obsessed with doing the work blems. the need for an inexpensive That horrible time is almost here, >'■ 1 - and convenient form of child care, which would be open to university students, faculty and .staff. We understand the growing value of a child care center to this institution, as Roosevelt on February 21, more parents are returning to 1912)—"My hat's in the ring. college to complete or The fight is on and I'm stripped enhance their education. This, and to the buff." This, might be a need must be addressed disgusting thought to" sortie, resolved to ensure that all peobut presidential politics is not ple have an opportunity to fulfill their educational goals for the queasy. Hart's "New We support the Uhviersity" Forget Ideas"-it's time to subject the Child Care Citjter. as follows: rest of the country to Schlegel's Buffalo Model. "So I. the S6A recognizes the let it ring from the mountain- usefulness of a'child care center and openly supports tops: SCHLECEL FOR PRESIsuch efforts by committing DENTIIIIIIIIIim Schlegel for President continued from page 5 percent). This, though, is getting ahead of ourselves. The first matter is to convince our fearless leader to throw his ring into the hat for the Republican nomination. It is our duty to urge our top space cadet, in true Buffalo style, to "wing" it, and make a run for the presidency. I even have a campaign slogan for him (uttered first by Theodore . • The time of year that I most fear, Time to take final exams, Study like crazy, that is just maybe, if you can get a seat jn the library,) Thfe rain wiH fall On the new born flowers, and inside you'll pull yoqr hair out a^'ypuworfc on a take h6rrte for 24 hours. . , C'WelllVboirytoget son^ sleep.": ):JQ." ! Iti! all be Worth It in a month or two, . miali;b» worth .":" .;, ' ''"J at least a'O '■''" "v '■ :- -r"' April 4, ; 1984 Opinion L ■■'-' ' - \ 9 �Movies, Lectures, Music and Theatre at U/B continued from page 8 ror/thriller about a government's attempt to control those individuals dubbed "scanners," i.e., those able to scan other's minds. Midnight, Woldman Theatre, Norton Hall, Amherst campus. Admission, $1.75, students; $2.50, non-students. Sponsored by UUAB. THEATRE: Hair, 8:00 p.m., Katharine Cornell Theatre, Ellicott Complex, Amherst campus. See April 6 listing for additional detail. campus. See April 6 listing for rett. The week-long festival wMI additional detail. feature extensive interaction GUIDED of composers and performers, and also concerts based on improvisation, jazz transforma- tion and computer music, along with a review of contemporary European music, a restrospective American piano marathon, guest ensembles, and after-hours cabaret con- Concerts will be held at U/B and at such off-campus locations as the Albright-Knox Art Gallery, Hallwalls Gallery, certs. the Cabaret 650, 650 Main SATURDAY, APRIL 7 Street, and the Buffalo and MUSIC: The North American New Erie County Public Library's Music Festival opens at 8:00 downtown auditorium. Tickets p.m., in Slee Concert Hall, for the opening concert at $5, Amherst campus, with perfor- general audience; and $2, mances ofworks by guest com- students, available at the door posers Stephen Montague, Anonly. (Please note: tickets for drew Stiller and Carman all festival performances will Moore. In addition to the many be sold at the door only.) participating faculty artists and those musicians associated with the U/B Music Department, the opening con- FILM: TOUR: Darwin D. Martin House, designed by Frank Lloyd Wright, one tour only at 10:00 a.m., 125 Jewett Parkway, Buffalo. Conducted by the Western New York Chapter of the Society of Architectural Historians. Donation: $2. SUNDAY, APRIL 8 MUSIC: The North American New Music Festival, continues with two performances: Noted contemporary music performer and cellist Frances-Marie Uitti will perform at 2:00 p.m. in the Albright-Knox Art Gallery, Buf- falo. The audience will walk through the galleries with Uitti who will stop at selected paintings and "play" the artworks on cellos and electronic equipment. the door only. Hallwalls members will be admitted free of charge. See April 7 listing for additional details on the festival. LITERARY: The U/B English Department's "April Festival of Fiction and Poetry" continues with readings by poets loan Murray and Maxine Silverman, 3:00 p.m., Darwin Martin House, 125 Jewett Parkway, Buffalo. Murray's poetry has appeared in The Atlantic, Harper's, American Poetry Review and Ms. Silverman has published in the anthologies Pushcart Prize 111: Best of the Small Presses and Voices from the Ark: Modern Jewish Poets. FILM: Brainstorm, 4:30, 7.00 and 9:30 p.m.', Woldman Theatre, Norton Hall; Amherst campus. See April 7 listing for details. GUIDED listing for details. EXHIBITS: Prints by Romare Bearden, the celebrated collagist and painter whose depictions of Afro-American life have been shown in major American galleries and museums, opens April 4 and continues through April 25, in the Capen Gallery, fifth floor, Capen- Hall, Amherst campus. Rumsey Competition: Junior art students compete for two summer scholarships with a display of paintings, drawings, prints and photography, April 2 through 13, Bethune Gallery, second flooor, Bethune Hall, 2917 Main Street near Hertel A show of student works opens with a reception on April 5 and continues through April 15, Black Mountain College II Gallery, 451 Porter Quadrangle, Ellicott Complex, Amherst campus. See April 5 listing for details. Photos by Irene Haupt, area (Douglas Pianist Yvar Mikhashoff will TOUR: Trumbull), recent release with perform a marathon piano conDarwin D. Martin House, Christopher Walken and the cert celebrating 70 works of designed by Frank Lloyd theatre and dance cert will feature the Amherst late Natalie Wood, 4:30, 7.00 American music in as many Wright, one tour only at 1:00 photographer, through April 29, U/B Center Theatre lobby, Saxophone Quartet and the and 9:30 p.m., Woldman years (1914-1984), beginning at p.m., 125 Jewett Parkway, BufTremont Quartet as guest Theatre, Norton Hall, Amherst 5:00 p.m. and ending at Midfalo. Conducted by the 681 Main Street, Buffalo ensembles. Also, Stephen and campus. Admission, first show night, Hallwalls Gallery, 700 Western New York Chapter of Haupt's photos have appeared Frieda Manes will play a 1941 only, $1.50, students; $2.50, Main Street, Buffalo. The conthe Society of Architectural in the New York Times and will' also piano, four* hands, work by non-students. Later screenings, cert Saturday Review, as well as in mark Historians. Donation: $2. many Buffalo publications inConlon Nancarrow; and the $1.75, students; $2.50 non- Mikhashoff's 25th anniversary THEATRE: as a concert performer. Tickets Hair, 8:00 p.m., Katharine Corcluding many published byu/B Tremond Quartet will perform students. the 1975 String Quartet by Scanners, Midnight, Woldman at $5, general admission; $4, nell Theatre, Ellicott Complex, where she does frequent noted jazz pianist Keith Jar- Theatre, Norton Hall, Amherst and $2, students, available at Amherst campus. See April 6 freelance work. Brainstorm Economics Presents Possibility Of Refinement in the System continued from page 4 since early in the eighteenth century, that the analysis is biased by any given system in which it works. Economics cannot chose a given distribution in which people will live, but it can point to some of the ramifications that certain policies will effect if enforced on the economy. For example, a given level of spending by the federal government will cause certain levels of inflationary pressures on the markets. Depending upon where and on what one decides to spend the funds, economics can show that certain efficiencies or disequilibriums will occur. IB'SltaiNir lariat. laND f{°^g Dow it Better, Faster for Less! H-mnmhvhmkM*> TypmtaPrinfd SsmoStt Cooitd ALSO: • POSt#TS Brochurwi • Ticket* • • cnv#iop#* I«7S N. F. Mvd. 04-704* \~ There is choice involved, and this is what Prof. Kennedy proposes. I think that the goal of the new breed of legal educators is to show that such choices must be made, and that we can't escape making them. Whether or not some of the professors at U/B have been successful in disseminating this attitude is debatable. The yearning of some of the students at U/B to "take a step backwards" —as Mulholland so eloquently puts it—is a belief that U/B professors, particularly in the first year curriculum, are stepping away from Kennedy's objective of shedding light on the importance and inescapability of making choices, and are in fact their own philosophical im- studies in other disciplines seriously and who revolt at novices treading unknowingly and uneducatedly on our turf. Pedagogy or Pedagese? continued from page 4 "wooden Indians." The case method, i.e., instruction solely through the reading, differentiating, and discussing of appellate-court opinions, pro- duces conventional-minded at- torneys who are unable to react dynamically Buffalo 835-0100 the less adversarial techniques often used by modern American attorneys. There is abundant llkVVe April past year. com- will take far more than three years. Some believe a lifetime would not suffice. To the extent that we are constrained by the traditional discourse, we may never acquire this essential yet elusive talent. It is unwise to ask for more limits than there are, more rules than those presented, and more convention than is already en- Wednesday, Apr/7 77th/ hit the stands yApr/7 75th/ JF 4.1*4 The 1983-84 Editorial Board of The Opinion would like to thank University Press for their fine work and cooperation throughout the promise at this School. Learning to grapple with discretion NEXT DEADLINE FOR The QpiniQn ntrt Opinion and creatively to modern legal dilemmas. In addition, it fosters little understanding of down our collective and captured throats. Such a biased approach is not only bad education, but it is to those of us in the* trepulsive University who have taken our dured. peratives /s 10 economy.) trying to shove a number of 3171 Main St Amh*rM Economics cannot, however, tell the government whether or not such monies should be used to hire teachers or fund high-priced weapons manufacturing. (Both of these expenditures will increase the money supply equally and should, within a given period of time, create the same stimulus in the A jff This will be the FINAL ISSUE published by the current editorial board of The Opinion. �— r ■—; r—- ——■»«.———— Enjoy some coffee and donuts. courtesy of BAR/BRI! __ BAR/BRI DISCOUNT DEADLINE ENDS APRIL 19th! For all 1984 g;ra4uates who re&ister with BAR/BRI, there will be a $25 DISCOUNT off the regular course price ! For all 1985 and 1986 graduates, there will be similarly a $150DISCOUNT off the regular course price. n Sign up at the BAR/BRI table by depositing $50 to receive the discounts I ■ M 401 Seventh Avenue, Suite 62 • New York, New York 10001 • (212) 594-3696 "™ ATTENTION ALL FIRST YEAR STUDENTS There will be two FREE BAR/BRI review tapes shown to ease your studying burden for finals. PROPERTY P"! on Sun., April 15th from 12—4 p.m. in room 108, J | and TORTS on Mon., April 16th from 6—lo p.m. in room 107. I Come and see why BAR/BRI has the most capable (and entertaining) lecturers! 401 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 April 4,1954 Opinion Page eleven �1984 Baseball Preview: The American League by Randy Donatelli The Chicago White Sox won their division by twenty games in 1983. The Baltimore Orioles became the first American League team to win the World Series since 1978. The success of these two powerhouses is no secret; they both have great starting pitching and they both hit a lot of home runs. The Orioles play in Baseball's best and most competitive division. Although I am picking the Birds to take the A.L. East, they are by no means a shoo-in in a division in which four other clubs have a legitimate shot at first place. The White Sox are a virtual sure bet to take the A.L. West again. The Sox have the good fortune of playing in Baseball's weakest division. I would be surprised if another team in the A.L. West won more than 85 games. The 1984 season will include Rod Carew's pursuit of the 3,000 hit mark —he is just 168 hits away. Carew will also take aim at hitting .300 this season, which would give him sixteen consecutive seasons of hitting .300 or better. Carew's Angel teammate Reggie Jackson needs 22 homeruns to reach the 500 mark, a number he must attain if he is to seriously of thoughts entertain Cooperstown immortality. Cecil Cooper goes for his eighth straight .300 season, and Ceorge Brett goes for six in a row. A typical season for Rickey Henderson will give him a total of 500 stolen bases at the age of 25 (students of the game can appreciate how Incredible this is). And keep an eye on Boston's Wade Boggs, he has hit .349 and .361 in his first two seasons. A.L. EAST 1. Baltimore: It took me a whileto decide, but I have decided to go with the Birds this year. Mike Bod- dicker, Storm Davis, Scott McGregor, Mike Flanagan, Jim Palmer and Dennis Martinez give the Orioles six very good starting pitchers. Tippy Matinez is the stopper in the bullpen. Eddie Murray and Cal Ripken are two of the game's best hitters. John Lowenstein, Gary Roenicke, Ken Singleton and other role players can hit the long-ball. The Birds are the best of five very good teams. What makes them a cut above the others is their abundance of quality starting pitchers. 2. Detroit: The Tigers everyday lineup is very impressive. Alan Trammell, Lou Whitaker, Lance Parrish, Larry Herndon and Chet Lemon are all good hitters. Third base and leftfield are still up for grabs, but quality players will be competing for these positions. The pitching staff is headed by workhorse Jack Morris, 19 game winner Dan Petry, and bullpen ace Aurelio Lopez. MiltWilcox and Juan Berenguer are good pitchers, but the Tigers do not have quite enough pitching to overtake the Orioles. 3 New York: Billy Martin's ridiculous platooning system hurt the Yanks last year. This year's On Friday. April 6,1984 the Law Alumni Association will hold its annual dinner at the Buffalo Hyatt Regency, with cocktails starting at 6 p.m. and dinner at 7 p.m. The Anodation will mate awawk toe Judiciary Hon. Randolph U. Johnson (posthumous) Public Service Professor Louis Del Cotto Private Practice Herald Fahringer There may be some free tickets available to law students. Check with Chris in CDO. mistake —moving Dave Righetti to the bullpen —has already been made by new -manager Yogi Berra. The way I see it, would you rather have a great pitcher like Righetti pitch 100 innings or 250 innings in a season? The notion that Righetti will be of more value to the team while pitching only forty percent as many innings as he could is totally ludicrous. Ron Guidry, Shane Rawley, and Roy Fontenot give the Yanks three strong lefty starters. If Phil Niekro can start every fifth day and win fifteen games, and if John Montefusco can win at least twelve games, the Yankees would have a good shot at winning the division. But these are big "ifs." Offensively, the Yankees are strong with Dave Winfield, Don Baylor, Steve Kemp, Ken Griffey, Roy Smalley, Don Mattingly, and others. 4. Milwaukee: Paul Molitor, Robin Yount, Cecil Cooper, Ted Simmons and Ben Oglivie give the Brewers an awesome attack. Recently acquired catcher Jim Sunberg is a defensive standout and will allow Ted Simmons to be a full-time DH. The pitching is not very impressive. Don Sutton is solid and the return of Pete Vukovich and Rollie Fingers will help, but the Brewers need standout years from the likes of Moose Haas, Bob McClure, Mike Caldwell and Rick Waits, to have any chance of taking first place. 5. Toronto: The bottom line here is that the Jays are not the potent of- fensive club that the other contenders are. Centerfielder Lloyd Moseby is now one of the best players in the league, and outfielder Jesse Barfield is a rising star. Damaso Garcia, Alfredo Criffin and Willie Upshaw give the Jays a good infield. The weak spots are at leftfield, thirdbase and sometimes at catcher. Dave Steib and Jim Clancy lead a pitching staff that was a disappointment last year and failed to improve in the off-season. 6. Boston: The same old story: a lot of great hitters and a lot of not so great pitchers. The Sox added another good hitter, Mike Easier, but they gave up their best I efthanded pitcher, John Tudor, to get him. The first ANNOUNCING THE 4th ANNUAL RACE JUDICATA FRIDAY, APRIL 13th, 3:00 P.M. Start and Finish at O'Brian — 2:00p.m. Volunteers needed, give name & mail box number to Tim H»*»Hflgm.«»4Wh<mMVfc A.L. WEST 1 Chicago: The White Sox could become the first team in the majors to win 100 games since 1980. LaMarr Hoyt, Rich Dotson, Floyd Bannister and Britt Burns combined for 73 wins in '83, and Tom Seaver has since been added as a fifth starter. Harold Baines, Carlton Fisk, Greg Luzinski and Ron Kittle are all likely to hit at feast twenty homeruns. The Sox have a host of other good players, including Tom Paciorek and Rudy Law. 2. Texas: I'm optimistic about the Rangers' chances of finishing a distant second in the division. Last year this club had the best staff ERA in the league, but they scored far too few runs to back their outstanding pitching. They have since acquired slugger Gary Ward to compliment a lineup that already features Buddy Bell, Larry Parrish, Billy Sample, and George Wright. The pitching staff includes Danny Darwin, Charlie Hough, Dave Stewart and Frank Tanana. The Rangers have been hurt by the loss of several of their best pitchers during the off-season. 3. Oakland: The A's are probably nothing more than a .500 club, but winning half their games should be good enough for a third place finish in the division. This team K+OTO be their best pitchers. 6. Minnesota: As long as Calvin Criffith refuses to retain his better players, the Twins will finish at or near the bottom of the division year after year. Kent Hrbek, John Casttno, Tom Brunansky and Mickey Hatcher will provide most of the offense for a lineup that will score precious few runs. The Twins are weak at catcher, second base, shortstop and left field. The Twins also have the absolute worst pitching staff in the major leagues. 7. Seattle: Baseball's worst team has a good shot at losing 100 games this season. The Mariners scored the fewest runs of any team in the league last year, and they should repeat that performance this season. This Quisenberry to is truly a no-name team; only Barry Bonnell, Pat Putnam, Gorman Thomas and Al Cowens are recognizable to the average fan. There are several decent young pitchers on the staff. WORD PROCESSING TYPING - | ||ne Your Future Can't Wait Much Longer . Complete Editing Capability No need for retyping when editing drafts All law students/faculty welcome Registration, day of the race, beginning at •••••••* 5. Kansas City: The drug scandals have devastated this team. The Royals will miss the contributions of Willie Wilson, jerry Martin and Willie Aikens. They do, however, still have George Brett, Hal Mcßae and Frank White to solidify a very shaky lineup that features three virtual unknowns in the outfield. The Royals will once again rely on Dennis Leonard and Dan It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Twice around the academic spine (approx. 25 miles) TGIF PARTY FOLLOWING RACE two-thirds of the Red Sox order does have several quality is awe-inspiring: Jerry Remy, players. Rickey Henderson and Wade Boggs, Jim Rice, Tony Carney Lansford are both .300 Annas, Dwight Evans and hitters, and Dwayne Murphy Easier. Outside of Bob Stanley and Mike Davis are quality and Bob Ojeda, the pitching outfielders The strength of the staff is not worth mentioning. pitching staff is the bullpen, where Tom Burgmeier and Bill 7. Cleveland: I like the Tribe but I have to Caudill reside. The starters inpick them to finish in the cellar clude Mike Norris and Mike once again. The emphasis this Warren (author of a no-hitter year is on speed. The Indians last year). should lead the division in 4. California: Reggie Jackson, Rod Carew, stolen bases, if not losses. During the off-season they have Fred Lynn and Tommy John added speedsters Brett Butler, need no introduction. Bobby Otis Nixon and Tony Ber- Crich, Rick Burleson, Doug nazard. Unfortunately, there DeCinces and Ellis Valentine are no real homerun threats in are also fine players. The prothe lineup and there are too blem with this club is that they many holes in the outfield. The are nothing more than a collecpitchers include Bert Blyleven, tion of aging and injury prone Rick Sutcliffe, Neal Heaton, stars. If the Angels could put Dan Spillner and Ceorge their best lineup on the field everyday they would be conFrazier. tenders. The pitching staff is the oldest and among the most questionable in the league. - Box no. 192' SBA Sponsored *#*#«*&* ftfl *A00*» 1bTypestylcjA Symbols to Choose From Printed to Look like Typeset Or Typewritten Repetitive Work at Reduced Pricci Xeroxing, Printing. Bulk Mailing Pick-Up & Delivery Available All Work Guaranteed - Call Proto-Type 883-3348 Ask For Randy � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-04-04 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4bfb2af7702fba96a649a7732fec934d.pdf 1cff9f4b180eefeaec83cd81d83566fa PDF Text Text Vol. 24:10 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 14,1984 Bozer, Kawa Win In-school Reach Final Mugel Rounds The Intramural Mugel Tax Competition ended on Saturday, February 25, 1984 in the Moot Court Room. Secondyear student Jill Kawa and third-year student Alan Bozer emerged the victors, taking school honors in both the exempt status. Further, the tioner ranks of Buffalo, who deductions were properly sat in three-judge panels. The taken, and, even if not, would other two U/B teams in the properly be included in the preliminaries were composed subsequent tax year under the of Bob Cozzie and Ted Araujo, tax benefit rule. The and Chip Termini and Rob respondents argued the opSant. All four teams were reposite. quired to argue one round onFour U/B teams submitted brief and one round off-brief in written-brief and oral advocacy parts of the competiletters of intent to compete in the preliminary rounds. tion. The team of Christopher the intraschool competition. The school finals on SaturFink and Patrick Higgins, both "We were a bit disappointed in day were argued in front of the seniors, placed second. the lack of interest," said Moot distinguished panel of ProThe subject of the day was Court Director Dan Pease, fessors Del Cotto, Greiner, and the tax benefit rule and so- "but we were highly pleased Zimmerman. The judges were called "double-deductions." by the quality of the teams primed, having been prepared The subject of the competi- which did compete. The by the problem's creator. Ken tion, Mr. Sonof Farid, a cashrounds went smoothly with a Joyce, who sat in the audience basis, unmarried taxpayer, minimum of trouble because and enjoyed the show. A recepclaimed educational expense of the excellent help of a tion was held afterwards in the Faculty Library. deductions on his 1979 in- number of people." dividual return for certain law Foremost among those helpThe National Mugel Tax courses in which he ing Pease was Lisa Rodwin, a matriculated to advance his member of the Moot Court legal career. Farid deducted Board of Directors/ Rodwin these expenses in full, but was personally saw to the schedulreimbursed half of the sum ing of judges and the coordinathrough scholarship and tion of a number of integral acveteran benefits in 1980; the tivities. "It's a lot of work," other half of his expenses were said Lisa. "But to see the Comby Wendy Cohen purportedly covered by a trust petition proceed so smoothly gave me great satisfaction." distribution in 1979. The Faculty Student RelaPreliminary rounds were tions Committee will be inPetitioner taxpayer argued that all three sources of in- held on Friday evening, vestigating abuses of library come were tax exempt, and February 24th. Judges for the materials which may have that to treat them differently preliminary rounds were taken place during last fall's would effectively remove that chosen from trie tax practi- Desmond Moot Court Com- —by Seth Fitter Emory and U/B Finalist Teams Competition finals were held on Friday, March 9th in the U/B Moot Court Room. The Buffalo team of Jill Kawa and Alan Bozer faced the Emory team of Frances Faddis and Kevin Dinan. In a closely scored match, the Emory team prevailed to earn the first place award. The Best Oralist prize was voted to Buffalo's own AI Bozer; the Best Brief award went to Connecticut School of Law. Moot Court Board Complaint Spurs Library Abuses Probe Dean Names New Faculty Members by Wendy Cohen Dean Headrick has announced the upcoming addition of two new faculty members to the Law School this fall. The two full-time faculty members who will join U/B are Judy Scales Trent, currently teaching employment discrimination at Catholic University Law School, and Dianne Avery, currently teaching part-time at U/B Law School. Ms. Trent received her J.D. from Northwestern University Law School and a Masters Degree in French from Middlebury College. She has an extensive background in employment discrimination law, having worked with the Equal Employment Opportunity Commission in various capacities since 1973, most recently in the EEOC's appellate division. She is tentatively slated to teach a firstyear course in administrative regulation, and upper division courses in either constitutional or civil rights law. Ms. Dianne Avery, a 1982 graduate of U/B Law School, is currently teaching Tax II this semester, filling in for Mr. D.elcotto and Mr. Greiner, who usually teach the course. She is petition. A subcommittee comprised of two third-year students, Keith Martin and Jill Paperno, and one faculty member, Professor Charles Carr, will begin week by presently an associate at the its investigation this interviewing members of the law firm of Hodgson, Buffalo for any Russ, Andrews, Woods, and Moot Court Board possible clues as to the identiGoodyear. Ms. Avery received of any student responsible ty her Master's Degree in English for destroying or hiding library from Wesleyan University, and during materials the Desmond her prior teaching experience The Committee's Competition. at includes teaching English response to an inaction is in the Bromfield School in formational complaint from Massachusetts. Ms. Avery will probably be Moot Court Board Director a teaching a first year Property Dan Pease, who submitted detailing memo instances course in the fall, and she is where cases, law review ardesigning a new course in to "family transactions." The ticles and statutes related the discrimination pregnancy family transactions course will topic of the Desmond Comfocus on property exchanges petition, were found ripped and transfers between family books. out of members, and will combine elements of family law, tax, Library Materials and gratuitous transfers. Found Hidden to Although she was asked In addition, although teach Tax I last fall and Tax II perhaps not related to Moot this spring, she p/obably won't Court twentyCompetitions, be required to teach tax next seven volumes of bound law year. reviews were recently found In other Law School news, hidden on the fifth floor of the ProDean Headrick said that Library, placed neatly fessor Howard Mann, who suf- Law behind some seldom-used this fered a stroke earlier government documents. The semester, was doing well, acbooks, not visible unless the cording to his family.. Professor documents covering them Mann's operation went were removed, were found onsmoothly, and he plans to be ly because the library was back after spring break to moving some government resume teaching Constitu- documents from the fifth to tional Law IV. the sixth floor. According to Turning to the topic of next Assistant Library Director Ellen continued on page 5 Gibson, a selection of law review volumes, including volumes from the faculty library, and two copies of Volume 17 of the Index to Legal Periodicals were found hidden. In most cases, two copies of each volume were hidden, and the faculty books still had their sign out slips. Ms. Gibson said that it was impossible to tell exactly how long the books had been hidden, except that the last checkout date on one volume was in 1982. In most of the library's stacks, books can't be hidden the way these law review volumes were, because black cardboard dividers keep books from being pushed so far behind other books. The worst part of the incident, she concluded,was that the books were so well hidden that they might never have been found at all, but for the fact that the library was moving part of its collection. The hiding of law review articles will be one aspect of the library problem that the FSRB subcommittee will try to obtain more information about, according to student member Keith Martin. He added that the subcommittee will probably be speaking to library staff as well as members of the Moot Court Board, in an effort to find the person or persons responsible for the abuses of library materials. While he concedes it is unlikely that continued on page 8 12 Students Agree Not to Sue Buffalo by Marty Smalline On the 21st of February, 19 students living in houses in the University of Buffafo area were taken from their homes in the early morning and were served appearance tickets for housing violations relating to maximum occupancy and restrictions on attic residency. City representatives have conceded that, in fact, the landlords of the homes in question are truly responsible for the violations by providing the illegal accommodations. In a radio interview on February 27, University Heights District Councilwoman RoseMarie LoTempio stated that as early as August of last year, meetings took place between the city legal department, University District officials and police detectives in order to formulate a plan of action against the many absentee landlords who maintain illegal apartments in the area. Students "Needed" Buffalo officials concluded that it was necessary to involve the students in order to verify the actual existence of the housing violations. In the past, charges brought against the landlord alone resulted in dismissals due to the lack of substantial evidence that the property was in fact being used illegally. In retrospect, the city officials now admit that the February 21st early morning arrests of the students who oc- cupied the targeted houses were unwarranted; however, in the face of an overwhelming public reaction against the arrests, it would seem ludicrous continued on page 8 �Vol. 24, No. 10 Wednesday, March 14,1984 Editor-in-Chief Mary Ellen Berger Managing Editor Ray News Editor: Feature Editors: Stilwell Victor Siclari Wendy Cohen, Andy H.Viets Business Manager: Bob Cozzie Staff: Ted Araujo, Martha Beach, Alan J. Bozer, Robert Bursky, Victor J. D'Angelo, Randy Donatelli, Cliff Falk, Jeff Johnson, Pudge Meyer. Kathy O'Hara, Greg Phillips, Anna Marie Richmond, Eric Turkewitz, Jud Weiksnar Contributors: William J. Alford 111, Seth Fitter, Joe Calvano, Mark Mulholland, Cerri Picket, Marty Smalline, George Terezakis © Copyright 1984, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of .New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. . Editorial We've Got To Have Hart Until just a few weeks ago, former Vice-President Walter Mondale appeared to be driving a steamroller towards the Democratic Party's nomination for the Presidency of the United States, picking up the endorsements of many interest groups and politicians from around the country. He seemed to be leaving his competitors far behind, as evidenced by public opinion polls placing him twenty or more percentage points ahead of John Clenn and the other candidates. The results of the lowa caucuses were more evidenceof what many interpreted as being the inevitability of Mondale's selection as the Democrats' nominee. But then came New England. A United States Senator named Gary Hart, who previously had been nationally known only as the manager of George Me Governs ill-fated 1972 presidential campaign, scored major Our Readers Write Re: Cut-throat Competitions To the Editor: Recently, while reshelving books in the Law Library, I made a startling discovery. I was on the fifth floor, moving New York Documents up to the sixth floor where the Documents Department is relocating. While reaching down to remove books from the bottom shelf, I noticed a volume of the Index to Legal Periodicals laid on its side and pushed back behind the Documents. The more I search- ed, the more I found. Within and renewable energy sources can take up the slack. On the other hand, he urges nothing better than compromise between business and environmental interests in most other environmental policy areas. Of perhaps most interest to students. Hart would like to see $20 billion in new spending each year for education, nutrition and job training. In addition, he has been an avid supporter of civil rights and equal protection laws, advocating equal pay for the same work. Finally, we like the experience Hart would bring to the Presidency. He is a lawyer who has worked for both the Departments of Justice and Interior. In Colorado, before taking over the McCovern campaign, he practiced and taught law. In 1974 he was elected to the United States Senate, where for the past nine years he has served on theArmed Services Committee. If we have a criticism of the Senator it might be his rather supercharged ambition to attain the presidency, but this is tempered by his thoughtfulness and realism. Hart, then, is from the wing of the Democratic Party which describes itself as "neo-liberal," constituting something of a transition beyond Mondale's knee-jerk liberalism. This undoctrinaire approach to politics appeals to us. Mondale now' claims thatthe race for the nomination is for1 the very heart of the Democratic Party. We agree, but it is Gary Hart who represents that heart, not only of the Democratic Party but of the entire country. We, therefore, support Gary Hart as the Democratic Party's nominee for the Presidency of the United States. Opinion 2 March 14,1984 writing projects. I recall last year's Law Review competition when the disappearance of certain sources necessitated a posted notice warning of the conse- quences of discovery of such plemented to reduce the occurrence of cheating. These might include: (1) action by the administrative committees of these competitions clarifying and promulgating their policies on competitive honesty and the potential sanctions involved, and (2) requiring competitors to sign an acknowledgement form regarding these policies and sanctions (like currently used for Law School exams). Admittedly, these measures are rather simple. My purpose in writing, however, was not to solve the problem—but to make others aware of it. The honest competitors need to be protected and rewarded. Many of them literally drop everything for 10 days or two weeks so that they can pour their hearts into their projects. Learning of unfair competition often operates to discourage them in their efforts. I strongly urge that the administrative committees of these competitions give a little extra effort in developing policies to discourage such unfair com- practices. I also recall the complaints of this year's Moot Court competitors of missing sources, and the Law Library's assessment of damages at over $1,000. The use of these practices is not only largely ineffective, but also breeds distrust among law students. I realize that there are no easy solutions to this problem. petitors. Although I have been It is largely a problem of exposed to some fierce comhuman nature —there will petition during my first year always be insecure people who here, I was shocked by the feel the necessity to cheat. I thought that one of my compa- believe that there are, petition. nion law students would resort however, certain minimal proto such tactics. I spoke with a cedures which could be imtwenty minutes I had found 27 volumes of miscellaneous Law, Reviews and 2 Indexes to Legal Periodicals. These included many duplicate and triplicate copies of the same volume. Obviously, an insecure competitor in one of the Law School's many competitions felt the necessity to hide the books from the other com- Terry Brown-Steiner CDO Scheduling Conflicts Preclude First-year Students political upsets in New Hampshire, Maine and Vermont, situating himself not only as a contender but possibly as the front-runner of what is shaping up as very interesting campaign. Hart has accomplished his surprising successes.through a platform,of "new ideas," "a new vision for this country's furture," and "a new generation of leadership." Our admiration for Hart, though, is based on more than just his media To the Editor: theme of "newness." We support Gary Hart's bid for the Democratic nomination for a number of reasons, not the least of which is that he This is in regard to the refuses to be categorized as simply a liberal, conservative or moderate, editorial column in The Opihis the but instead takes stances on issues based on what is best for nanion, March 2, 1984. I should tion, stances with which we generally agree. On economic matters, Hart respects the free market economy and like to call the writer of that growth of business, but he also views Government as being a problem editorial's attention to a comment that he or she made solver which must play an active role in directing our economy. He rejects the "domestic contents" bill, but on the other hand supports the about law student attendance development of high-tech industriesand the training of people to work in at the CDO Career Discussion those fields. His proposal to balance the budget consists of raising some panel. taxes, closing loopholes, and keeping increases in defense spending to a The first panel was held on minimum.'He has also shown an interest in taxing'consumption rather February 21 at 3:30 p.m., which than savings and investment. While Hart sees a need for cutting back on was exactly the same day and entitlements programs, he would not do it by cutting back on aid to the time as all first-year students poor and needy, but by changing the way Government services are were required to attend a lecdelivered, to ensure that federal funds get to the people they are supposed to be helping. Hart would not only ask, therefore, how much money is ture as part of our Legal Ethics to be spent on a particular program, but exactly how it is to be spent. course. When I noticed this We especially like Hart's views on the military. As do Mondale and scheduling conflict, I went to Clenn, Hart sees the necessity of increasing the defense budget in the CDO and informed Audrey of range of 4% to 5% a year. Again, though, he questions how that money it. She had no idea that there is to be spent. He opposes the B-1 bomber and the MX missile. He would was a conflict and by such build the more maneuverable F-16 jet fighter rather than the over-priced, then it was too late to do over-sophisticated F-18. Hart sees our navy as requiring more small conventional carries instead of expensive vulnerable nuclear carriers. He anything about it. All that also recognizes the need for spending more on pay and supplies to en- could be done was to videotape the CDO panel sure that the expansive military hardware we already have works effectively and is operated by skilled individuals. which, of -course, would not Hart's foreign policy also demonstrates his realistic view of the world. give students an opportunity The Senator favors a cutoff of aid to El Salvador unless its leaders put a to ask questions of the stop to quasiofficial political murders of civilians. He called for the panelists in person. withdrawal of the Marines from Beirut in September of 1982, long before I say all this to point out that Mondale or Glenn. In strategic foreign policy, Hart favors approval of the SALT II Treaty and such proposals as the "build-down" approach to nuclear arms reductions, rather than a simplistic and unverifiable approach to nuclear arms policy. Admittedly we have reservations about Hart's committment to the environment. He does take a reasonable stand on nuclear power, believing that it cannot be phased out until the next century, when conservation - member of the library staff, who informed me that this sort of thing has been going on for years, but seems to have gotten worse lately. The tactics employed ranged from hiding books and fiche to tearing pages out of casebooks and Law Reviews. This year these unfair practices have even spread into the research and perhaps the real reason for Thank you for your attensuch low attendance, at least tion. at the first CDO panel discusRespectfully, sion, was because of a lack of Name withheld communication between upon request various departments in the law school. Another CDO scheduling conflict arose last week on Wednesday, March 7. The Law Review meeting for interested ••- • • first-year competitors was scheduled for 2:30. The CDO scheduled a Public Interest Law talk at 3:00 p.m. on the same day—if the Law Review, meeting went beyond 3:00 p.m., then first-year students interested in attending both would not be able to do so. It seems to me that such scheduling conflicts represent a distinct and typical lack of communication between the various departments and organizations in this law school, and I do not believe Re: Usufruct Conveyances Dear Kind Sir, It was with the greatest interest that I read Mr. Bozer's article concerning the. survival of the property right of "USUFRUCT" in Tamil Nadu. As a native of that far off land, I can attest to the importance of the usufruct in the everyday life of my people. I remember when I was a child in Madras, where my father was a well-known lawyer, how the usufruct was that the students should be often the means by which, the blamed totally for not atten- poorer classes would convey ding CDO functions—we canincorporeal interests in the not be two places at one time! land from one generation to another. I recall the barefooted children of Ootacamund, living in the environs of Mysore, who often were heard to complain that if only their fathers had properly conveyed the usufruct their families' plight would be happier ones. Praise to Vishnu and a curse on the heads of poor draftsmen. Often have I wondered if that old, Anglo conveyance had survived the land purges embarked upon by the Hindi culture of the north. May the heavens be praised, and may the monsoons come Mr. Bozer's way regularly. Just as the cows are milked daily in Kerala, so the usufruct will confirm the aspirations of the The Opinion's SPRING RECRUITMENT PARTY Thursday, March 15th 4 p.m. Room 724 poor. May Vishnu turn his eyes toward your paper. Sincerely ,'i ~K5 Vishnaruwa Vishnarrameswarra �BLSA News . Malcolm X: Reflections on a Revolutionary by Gerri Picket For so long, so long, so long. On Monday, February 27, 1984, the Black Law Student You did not die in vain, Association (BLSA) paid tribute For the Freedoms you to a fallen great leader. The spoke of tribute took a form of a proWill be won. gram entitled, "Do You Remember Malcolm X? ReflecAkua Kamau, a community tions on a Revolutionary." The activist and chairwoman of the main feature of the program Jesse Jackson Speaker Bureau was a film, narrated by Gil Noin Western New York, shared ble, titled after the charismatic memories of Brother Malcom leader, El-Hajj Malik El- X. She read the following poem Shabazz, who was assassinated as being her favorite: on February 21,1965. Phyllis Murray, a graduate A Poem For Black Hearts student in the Library Science by Le Roi Jones Dept. here at U/B, read poems commemorating this shining For Malcolm's eyes, when great prince, Malcolm X. Her they broke the face of reading captivated the spirits some dumb white man. For of the audience by such poems Malcolm's hands raised to as: bless us all black and strong in his image of WHEN YOU DIED ourselves, for Malcolm's words fire darts, the When you died, Malcolm victor's tireless thrusts, Defending and speaking words hung above the For the brother that world change as it may, he You loved, we mourned said it, and for this he was Your loss. killed, for saying, and feelThey silenced you ing, and being/change, all With shots. collected hot in his heart. But your voice For Malcolm's heart, raisIs still heard ing us above our filthy By-those cities, for his stride, and his Who have taken up the beat, and his address to the Fight for freedom grey monsters of the world. For Malcolm's pleas for your dignity, black men, Your ringing voice Has filled us for your life, black men, With wild desires to speak. for the filling of your And from our throats minds with righteousness. Loud and clear. For all of him dead and gone and vanished from us, Defiant and strong. Have come soul stirrings and all of him which clings For Rights, for Freedom, to our speech black god of for Justice our time. For all of him, Denied us and all of yourself, look SBA Commentary Students' Phone Use Must Be Curtailed by Anna Marie Richmond Finance Committee Member The SBA executive budget devotes more money to telephone bills than to any other single expense. The 1983-84 telephone allocation is $2400. The next largest allocation is $2000 to the Social line, followed by $1900 to Com- mencement. The total SBA ex- ecutive budget is $12,135. Why is more than one-sixth of the SBA budget dedicated to paying phone bills? The Fall semester telephone bill recently arrived, and is posted on the wall of the SBA office. A brief examination of the computer printouts reveal a total charge of $580.61 for the months of July to early December 1983. Of that total, $96.30 is for local calls. Theremaining $484.31 is the cost of long distance telephone calls made on 636-2143, a line shared by the SBA and BLSA. Line 636-2143 is one of three unrestricted lines used by student organizations. (An unrestricted line is a Centrex line capable of dialing anywhere. The other two -classes of Centrex line are: fully restricted-a line that can only reach and be reached from other Centrex phones--and locally restricted~a line that can be reached from any .- r.i.w vfTMiMiri.M 7 telephone, but can only dial to stations in the Centrex system and the local calling area.) Law Review and Moot Court have up, black man, quit stuttering and shuffling, look up, black man, quit whining and stooping, for all of him, For Great Malcolm a prince of the earth, let nothing in us rest until we avenge ourselves for his death, stupid animals that killed him, let us never breathe a pure breath if we fail, and white men call us faggots till the end of the earth. Danny Figueroa, a first-year law student, brought back memories of the sixties and what many of us felt regarding institutionalized racism that was so overt during that period. This thought was revealed by: not You are not like me You will not sit next to me You will not talk to me Is it conceivable to you that I am just like you Or is it you that is not like me. The line between us is not a thin line. It is a thick line. It is the thickest they come. It is a brick wall. True The blood in our veins is the same color but what exists beyond that has created the obstacle to peace been penetrated for years and will not be penetrated for centuries to come You are not like me You will not sit next to me You will not talk to me For many years I have attempted to coexist in an alien world and yet my struggle is fruitless!!! THE OBVIOUS CANNOT BE IGNORED YOU ARE NOT LIKE ME. YOU WILL NOT SIT NEXT TOME. YOU WILL NOT TALK TOME. F"* YOU!!! U/B Sponsors Symposium On Jackson's Candidacy (particularly Yassir Arafat). These actions in themselves do not show any disfavor for Jews On Thursday, March 1,1984; or the Israeli position, but Mark Trammell, a former U/B merely reflect a willingness on student, and Dr. Gene the part of Jackson to reestablish the type of neutrality Crabiner, a former U/B professor, gave a presentation that will be necessary for the which outlined both the peaceful resolution of the by William J. Alford 111 Vice-President, BLSA domestic and international candidate Jesse Jackson. The purpose of the symposium was to facilitate an open discussion concerning the rainbow coaliviews of -Presidential tion and to clarify certain widely held misconceptions about the Jackson campaign. In his speech, Mr. Trammell assiduously reflected the notion that Jesse Jackson is antisemitic. He asserted that those allegations were largely based on the fact that Mr. Jackson has been photographed embracing several Arab leaders Political Arab-Israeli conflict. Jackson believes that Jews should have a homeland, but does not support the expansionist policies of the present Israeli government. Dr. Cene Crabiner, himself a Jew, also supports the candidacy of Jesse Jackson. He stated that Jackson is the only candidate who is dealing openly with the greatest issue confronting the American people today: the issue of maintaining peace. Under the current American administrator), the bulk of social programs have been curtailed or severely cut at the expense of increasing the military budget. Thus, Jackson's campaign is geared towards making corporate interests subservient to human needs. No other candidate has attempted to bring the issues that concern political outcasts (minorities, women, the poor, the elderly, and the handicapped) to the forefront of American politics. Consequently, it is only natural that the forces in this country that adhere to the Reaganmentality view Jackson as a potential threat to their interests. Thus, as Dr. Grabiner correctly notes, "Even if Mr. Jackson doesn't win the election, his very presence has forced both the Democratic and Republican parties to rethink their platforms." political Commentary Public Shouldn't Be Misled By Jesse Jackson's Apology the two other unrestricted lines. The telephone bills for those organizations are not by Robert Bursky paid with student fee money. The SBA telephone bills, in I recently became embroilcontrast, are paid with maned in a heated and rather loud datory student fees. conversation concerning the Archie Bunker of this year's What do these fees pay for? Presidential campaign—Jesse There are two arguments ad Jackson. At the outset, I wish vanced supporting the to categorically deny any and availability of a long distance all accusations to the effect telephone line. One is that the that I am a racist. Unlike line is necessary to conduct Jackson, I am not lying important student business. through my teeth when I say The second is that it's nice for something along these lines. students to have a long "Do you really think that he distance line available, if they dislikes Jews?" I was asked. must make a personal call. Heavy emphasis on the word Students who use x2143 for "really" by the questioner was personal calls are requested to an attempt to classify my posirecord their calls on a log tion as extreme and unwarsheet in the SBA office, and to ranted even before I had a reimburse the SBA when the chance to present it in full. I bills arrive. replied that, of course Jackson Both contentions have some does not dislike Jews. He loves validity. Either would be a suf- them. In fact, the word ficient reason for maintaining "Hymie" is the vernacular the service in a perfect world. equivalent of the word Neither justifies the current "Brother". situation. "Hasn't he apologized for Calls made for legitimate that?" student business need not be "Most certainly. He has reimbursed. Presumably, peo- apologized for not being more ple who have made such calls discreet about his bigotry." have every reason to record Jackson epitomizes a onj&ge amongst mankind that has BRICK WALL by JUNITO prevalent type of hypocrisy in faith he espouses, and is an oftoday's minority community. fense to those who are faithful Minorities can get, but need to the tenets of Christianity. not give. They can hate, but Jackson is not, nor can he ever cannot be hated. They may hope to be, the legacy to Or. condemn, but may not be con- Martin Luther King. He will demned. Such an attitude has have to settle for being the been facilitated by the imposi- Black version of Father tion and implementation of Coughlin. When Jackson disavowed legal double standards which, in essence, give carte blanche his slanderous remarks by for doublethink. One wonders commenting that he had stood what Jackson's reaction would beside Jews at Skokie, he be if someone were to call all neglected to point out that he Blacks "Leroys." The utterance did so, not out of affection or would no doubt give rise to a sympathy for the Jewish comcharge and summary convic- munity, but rather because tion of racism, the penalty be- Nazis are almost as fond of ing death through a brutal Blacks as they are of Jews. His tongue-lashing by the Rainbow self-serving actions should not Coalition. Words of hate and be misconstrued as the vinprejudice that are spewed dication of a mindset which forth from the mouths of preaches intolerance disguised minorities, however, are as liberalism. tolerable, if not morally You may have gathered by now that I am not supporting justifiable. What is perhaps most tragic Jackson in his campaign efabout Jackson's narrow- forts. Still, one must face the mindedness is the fact that he possibility that he might be our claims to be a man of the next President. If that should cloth. If he is, it is in name on- come to pass, then I hope that he will have a Vice-President ly. His comments, when combined with his religious title, who will complement him constitute a perversion of the well-say James Watt? JJ... March 14, 19 M Opinion >r riatsM noirfciO IMT 3 �Critical Political Analysis Colliding Viewpoints: Law School & Beyond by George THE MYTH OF THE "ENTRENCHED", MONOLITHIC, LEFT Politics is a volatile subject. I am sure that were Mr. When we debate political Donatelli, and others like him issues we defend, in many in- (See Goldstein: The Opinion, stances, our innermost convic- 2/15/84) able, they would put tions. When these political thewhole free world at ease by ideologies collide, as when summoning all suspected "leftatoms are split, intense heat is ists" before their hallowed often given off. So long as this tribunal,and put them to the heat is not vented in the form test: 1. "Are you now, or haveyou of malicious attacks upon the person with whom one is ever been, a member of the debating, the individual who Communist Party?" enters the political arena 2. "Is is true that you dislike should be prepared to defend apple pie?" 3. "Did you vote for Ronald their position, instead of whinReagan; will you vote for him ing in self-pity when they encounter criticism. If the heat's this fall?" An inappropriate response too hot in the reactor, fold up your brief case, go home, and to any of the above could re-evaluate your position. result in charges being brought under the Sedition Act. What does it take to be deA SHORT DIGRESSION Certain comments made in nounced as a leftist? Ask Dan this article are directed at Mr. Dooher. While sitting at a Donatelli: they are a response table in front of the Law to points he has raised in Library with a display designed previous letters; where this is to publicize the slaughter in El the case I will refer to him Salvador, and most specificalspecifically and by name; this ly, to solicit support for an inarticle is not directed solely at vestigation of the abduction of the President of the Student him. of Bar Association of the Univerin any have never been I Mr. Donatelli's classes. I sity of El Salvador Law School, would, however, like to point he received an interesting comout that by the time one ment: "Hey Dan, I didn't know reaches Law School, his/her you were a Communist, what "formative" years have long are you doing there?" (Dan felt passed. If one feels threatened no necessity to respond.) What other intelligent combecause a particular professor editorializes about some ments were received? "I can't aspect of a' legal issue, let that write my Congressperson, I individual make his/her point might want to apply for a and challenge the professor, or government job down the his/her fellow classmates. The road." No use getting academic environment should blacklisted in the land of the be an intellectual crucible, not free and the home of the a soup kitchen for spoon brave. One never knows when one might want to do a spot on feeding thin gruel. A.Terezakis Political Satire Mascots Not For New Yorkers Only by Joseph Galvano Every now and then, interesting pieces of local downstate news are reported by the Western New York press. It was recently announced that Mayor Edward Koch wants an official mascot named for New York City. Judging by the state of the city, several possible candidates come to mind. To commemorate the economic situation in the tristate area, a Bowery Bum could be adopted. Complete with open sores and a mucus covered beard, he would be a wonderful representative of the thousands of homeless who roam the streets, untouched by the .^ renaissance of Manhattan Island If the citizens feel the Bowery Bum does them no justice, a poison-immune rat might be acceptable. In the slum-filled outer boroughs, the ornithologist at the disease carrying pigeon is bound to get many votes. Always a favorite with the avante-garde community, the intricate patterns made by For heart, pigeons on buildings and statues break new barriers in modern art. The sentimental favorite of most New Yorkers is, of course, the humble cockroach. Like the most loyal dog he is always there to greet you in the kitchen with a cheerful smile, thanking you for not washing last night's dishes. If Mayor Koch truly wishes to nominate a mascot to represent New York City, one of the above choices would do very nicely. The enthusiastic reports of New York's rebound might hearten wealthy real estate speculators who live in Manhattan's gentrified neighborhoods, but it gives lit- tle solace to the residents of the decaying outer boroughs. companions to many New Yorkers New York has taken on the apwho live in sub-standard hous- pearance of a Third World Capital with a glittering central ing. Hardy enough to thrive on surrounded by rotting area rats are strychnine, able to live Jn any area of the city. slums. Investment continues to Whether sweltering in 90 pour into Manhattan spurred degree heat or freezing in on by tax abatements while unheated apartments, the rat is Brooklyn, Queens, and Bronx one of the only animals able to neighborhoods continue to reendure New York's extreme main seas of. poverty and crime. climate conditions. rats have been 4 constant <iti»te(»n »«Mr*tl*il*M the Voice of America. (Mr. Wick, where is that list of Americans blacklisted by the U.5.1.A.? See New York Times, 3/2/84, p.A-15) A FASCIST BY ANY OTHER NAME Mr. Donatelli has satirically observed that a leftist can: "usually spot a fascist a mile away". {The Opinion, 2/1/84, p.3) He's got better vision than 1.1 usually have to get up close to a person and talk with him/her for a while before I make that judgment, and when I do, it is just that: my judgment. I guess that I am guilty of being one of those rabid leftists who have denounced certain of my fellow law ... students, on particular occasions, as being fascist. Why? Once, while I was debating American foreign policy in Central and South America, a fellow law student and I became involved in a heated argument. My position, in short, is that our government should stop arming and supporting butchers such as Pinochet in Chile, the current regime in Guatemala, and the corrupt government of El Salvador and its right wing death squads. (Amnesty International's 1983 report on El Salvador cites: "a systematic and widespread program of torture, abduction, and in: dividual and mass killings of men, women and children." See also: New York Times, 11/18/83, p.A-12. U.S. trained Salvadoran troops massacre over one hundred villagers sympathetic to leftist guerillas.) That particular individual s response was: "Come on George, you don't really believe in that do you?We support those governments because it is in our interest to do so; do you want to see the standard of living go down in this country? Do you want to let the Communists take over down there?" My response is: "Do you believe that our government has the right to support regimes which kill all opposition; and do you believe we should pay for it?" His answer: national communist con- spiracy," just as are the struggles in Guatemala, Chile, Salvador, the Philippines, and South Africa. THE MYTH OF THE APOLITICAL ORGANIZA- TION Should Mr. Donatelli carefully hunt about this Law School, I sincerely doubt he will find a single apolitical student organization. Contrary to his self-satisfied there is no: "one notable exception". {The Opinion, 3/2/84, p.3) All student organizations "propagandize" certain political and social beliefs. Is this wrong? No, but one should recognize a copperhead for what it is and not try to elevate it to the ethereal when in fact its primary means of locomotion is on its belly through the dirt." "If it is in our interest to do so: yes." That's when I got a good look at him; it wasn't a mile away; and it wasn't Dixie he THE SHAMELESS PERSECUwas whistling, it sounded a lot TION OF "RIGHT MINDED INDIVIDUALS"* like: "Deutchland Über Alles". Political self-determination is an ideal worshipped as the cornerstone of American foreign policy. Why is it that our government so brazenly seeks the violent overthrow of the Sandinista government, a government that not even the most critical, open-minded, individual could ever begin to compare with that of Somoza? Because it's part of the "inter- I empathize very much with Mr. Donatelli's indignation over the reported burning of the local chapter of the Federalist Society. (*For an interesting discussion of this phenomenon, see: Goldstein, The Opinion, 3/2/84, p. 2.) I do continued on oaee 8 Legal Commentary U/B's Classroom Approach Drags Truth Out of the Closet by Mark Mulholland Certain law professors at Buffalo have embarked upon a Fourteen years ago a Yale course which steers away from Law student tried to describe this shallow approach to legal an elusive malaise that had education. Their methods endescended upon his col- tail a dramatic exposure of the leagues. The often-brutal tegal system's socially relative Socratic method had fostered nature. Their methods do not a sullen passivity in once-eager involve the public degradation students. Cases, statutes, and of those students unable to doctrinal interpretations were decipher ambiguous case law relentlessly forced into (which is fully dissected in undesiring craws. This virtual highly accessible hornbooks). indoctrination failed as a The focus is on a factoral teaching method in two fun- analysis of legal decisiondamental ways. It left the stu- making, an analysis which dent ill-prepared for the "real treats the alleged "rules" world" —meaning the world of realistically —as simple comcorporate law practice. More ponents in a complex operafundamentally, it created a tion. The pool has thus grown student-teacher schism. These so much deeper. two inadequacies grew in Today at Buffalo, a malaise dimension and intensity, drawlingers on; it is not, however, ing their strength from one the same one grappled with by another. Duncan Kennedy in his early There is a dishonesty in- years at Yale. The problem herent in the purely doctrinal here is one of expectations. It approach to legal education. is unquestionable that the Law The lie essentially holds that School has taken*a triumphant "The Law" is an autonomous step forward in opting not to body of rules which is ex- teach law as an autonomous cruciatingly difficult to learn. system. But the majority of the The traditionally closeted disenchanted students imtruth is that ours is a socially plicitly asks that the School relative legal system. Forcing take a step backward, that it students to accept a shallow return to the approach which lie is nevertheless essential to occasioned bitterness, depresthe perpetuation of the present sion, disillusionment, and legal structure. Indoctrination often outrage. Others, a small through hostile teaching minority, accept the step formethods reinforces the hierar- ward and ask for more. They chical relationships among realize the value of dragging senior partners, partners, and the truth out of the closet, associates; to coin the phrase while seeing the need for of a friend, "it lets you know refinement. (Still others, who who's boss." Simultaneously, it hopefully will write in these establishes the dependency of pages later, believe that the young associates through a new approach has caused a denial of useful and realistic classic case of four-tiered pragmatism. alienation.) These_rat.ional and ......... sensitive criticisms are welcome and needed. But the seductive demand for a return to dishonesty is thoroughly unacceptable. The disenchantment ex- pressed by those unfavorably surprised during year one at the Law School stems in large measure from their own expectations. Law students want taw; they want it in their notebooks; they want it in their briefcases; they want to take it home. It has become apparent of late, however, that once "the law" is encumbered with all its longcloseted relatives, it no longer fits into one's briefcase, and certainly not into one's notebook. Fortunately, for those of the bitter ranks, there is now on display at the bookstore a large hornbook mosajc; each part has been priced individually and sized to fit all briefcases. ' The point, however, is to avoid a path by now worn smooth. This path leads first to the bookstore; the mosaic is indeed most hypnotic. Next comes apathy. There is, of course, little else that one can feel upon realizing that the system is not failing, but simply is not. And thus comes a sense of uselessness. The resorts at this point—we have been told—are miserably few: alcohol, Little League, perhaps remaining in bed. A febrile call by one faculty member urges awareness of these unfortunately common "careers." Although a few have listened, most remain childishly delighted witft fte. mosaic ' �/ Poetry The Big Snow by Victor J. D'Angelo Sitting on snow and writing a poem, My ass is wet and the wind is hlowin'. Last week we had a big snow, To Law School we didn't go. Oh how we all cheered and how we all feared, That we wouldn't be able to use our cars till May. Jimmy Griffin arrived on a Ft. Lauderdale flight, They didn't plow my street till late Friday night. Isn't it fun to play in the snow? I'm so glad I chose to live in Buffalo. -by ME. Orvis * U/B's poet laureate contemplates rhyme and reason. Moot Court I didn't do it, but I watched you all go through it. It's a truism I say, and some lost their way, and had to mutilate a Fed Supp or two, as they went through, the Moot Court competition. SBA Bylaw 13 Compliance The Parent Law Student Association, with a sitting room on the sixth floor (room 604), is open to anyone, particularly to parents with young children and infants. The sitting room is equipped with a changing table, bookcase, chairs and colorful hangings. Our facilities are available to any, member. Please leave a message in box 207 for roore information. Faculty. continued from page 1 year's budget, tinued, the Dean conalthough the Law School will be able to add two or perhaps three new faculty lines in the fall, there will be no increase in clerical or support staff, any projected increase in the Law School's budget going to close a running deficit. Headrick further announced that there will be a slight increase of about 20 students to the first-year class, and 20 students to the upper division next fall, in order to help the university meet its enrollment goals. Finally, the two days that —by ME. Orvis Andy H Viets was afflicted this week with a severe case of writer's block, but he will be back in the next edition of The Opinion with more of his "Meanderings." the school was closed in February due to snow will have no effect on the length of the spring semester. Headrick explained that due to the tightness of the spring schedule, and of facilities, extending the semester by two days would be impracticable. Those faculty who wish to do so may re-schedule lost classes on an individual basis. The 1984 Commencement Committee and The Student Bar Association present Spring Thaw r^\l(®\ (jS^^^) at the Niagara Hilton F»day, March 30,1984 [^ / — 1 Cocktails at 7:3Opm Dinner at B:3Opm Dance Music Provided by *\ Jack Freedenberg & friends ~v 'Buffet Menu Salads Steamship Round of Beef Desserts Cole Slaw Cheese Display Relish Tray Assorted Cold Cuts Pan Roasted Potatoes Rolls & Butter Cottage Cheese Display Green Beans Almondine Coffee & Tea . Seafood Newburg PLUS TWO HOURS OF OPEN BAR Tickets on Sale March 14,15, 16 and March 26,27, 28 in front of Library $13.00 per person with Entertainment Card • • $15.00 per person without Entertainment Card * ' limit 2 tickets -MinMt I%i«M4 nfkftnifn 5 �In Vogue At OurLRaewvu cheres. Once Revue show Law another again has come and gone, and moi was so thrilled by some of the fashion statements made by participants in this year's fete that moi was simply compelled to put pen to paper and dash off this review. For both nostalgia buffs and others, the highlight of the evening (in this reporter's opinion) just had to be that sparklBonjour, mes ing display of synchronicity put on by the Spinoffs. Nimbly and performing acrobatic feats to thestrains of the Spinner's smash hit "I've been working my way back to you, babe," these gentlemen were smashingly attired in an ensemble that featured white jazz shoes and ruffle-fronted shirts with scarlet bow ties. Spinoffs lead singer Keith Martin looked particularly dancing distinguished, his grey suit ac- ly only once—a mishap, as moi knows from experience, due merely to higJi-heeled pumps-alas, those treacherous narrow heels! While the Spinoffs got the evening off to a splendid start, there was much entertainment to follow, including the appearance of The Opinion's own Miss Mary Ellen Berger and Mr. Raymond Stilwell in a Career Development Job-AThon skit designed to encourage prospective employers in all walks of life to hire U/B Law seniors. Miss Berger displayed "be true to your school spirit" in a white sweatsuit emblazoned withthe University's crest. Mr. Stilwell, taking the lead from CDO's own Alan Carrel, selected a blue polyester blazer with brass buttons and a red print tie. While Mr. Stilwell carried this outfit off with style; moi considers it moi's duty to warn younger law students that such attire will simply not do for in- cented with a red button hole carnation to match his bowtie. While Mr. Martin and the gentlemen in the group —Steve terviewing, or similiarly imporBerkowltz, Chris Fink, Michael tant occasions. As Mr. John Morse and Kurt Sherman —all Molloy, author of Dress For danced charmingly, their grace Success, has unequivocally was almost eclipsed by the stated, those who wear brass ladies who joined them. Mary buttons are suited only to Idzior, in a crisp white shirt leading parades.. A further solecism was comand bow tie once again tapped danced her way into our hearts mitted by Mr. Thomas and, in a surprise performance Cassada, who played a small Miss Marjorie Girth, simply but pivotal role in the CDO and neatly attired in a beige skit, holding up a silent pullover and darker brown telephone and looking out on slacks, made a guest ap- the audience beseechingly. Mr. pearance. Though unrehearsCassada, the last law student ed. Miss Girth danced with one would expect to breach a skill and verve, slipping slight- rule of etiquette, was guilty of Vedge's Law 'IHAD V THE. f\UD4<Liry TO hand) iaJ SOCtf /m^ ATRoaoOS J ob ///lV O'Har /was Th£JI /^M£/... 70Vf?f N V^toUL/ S£«»«S^ roR RefIPWQ »Pr. / TOOK fo fTßflw^c« I/J/S/OTH£R Kathy hours/ * by Phot s 4| • //l VN 6 Opinion March 14, 1984 \ C7—■ C^ \^^ �sipping beer trom a plastic cup during his performance. True, many performers (including faculty members) sipped beer on stage as well, but moi has it on good authority that Mr. Cassada is the only student in the law school who owns a copy of Miss Manner's Guide to Excruciatingly Correct Behavior, and thus is cognizant of Miss Manner's views on public drinking. For shame, Law School Poet The audience was also treated to a poetry reading by the Law School's own poet laureate, Vie D'Angelo. Mr. D'Angelo read a selection of new works including "Emily is a Genius" and "Law School Man," looking purposefully artsy in sunglasses, a tweed jacket with elbow patches and a tie loosely knotted over his throat. Thomas. Other Fashion Notes One of the best dressed performers in the show was undoubtedly Miss Tracey Kassman, whose varied roles caused her to change from a neatly skirted suit to a stunning cerise cocktail dress, decorated with a layer of flounces at its neckline. Miss Kassman wore matching red flowers in her hair. Special mention must also be paid to the Master of Ceremonies, Mr. Mark Spkolowski, who presented the very picture of elegance in a black tuxedo. (Even when Mr. which included the inevitable Sokolowski was obligated to Lacoste alligator sweater, this change his attire to appear-in a time in a soft baby blue, and a later skit, he did so discreetly, light blue button down Oxford another gentleman holding his jacket to shield him from view cloth shirt. In addition to wearof the audience.) ing his traditional preppie atOne final corhment, to Mr. tire, Mr. Joyce also joked about the subject of ungraded Jud Weiksnar regarding his final exams, advising the au- choice of headgear for the dience that he had never let a Hornbook the Magnificent senior graduate without skit: Mr. Weiksnar, berets are grades. The more things fashionable this year, not turchange, the more they remain bans. Please consult with moi before choosing a chapeau in the same. Best Robed Prof The evening was also highlighted by the awarding of the Best Robed Professor award to Mr. Ken Joyce. While in the past students have voted for the professor they most desired to see disrobed, this year decorum prevailed and, thus, the award was given to the faculty member thought to appear at his best robed. The robe ceremoniously awarded to Mr. Joyce was a half-length, powder blue one and fortunately matched the remainder of his ensemble, the future. /Wllj COS h7^~^<^^ \l 30 5P£/JT // /PLUS I —Wendra St. Claire /bri, Cohß MouJt rtoots//tMS€ctt-E x /?A/e7^e^\ ukxjlp CX? /Y^HO^, VeJ\ March 14, 1984 Opinion 7 �Copeland, Sheehan Represent U/B Law New Waves Notes Taken at the Videotheque by Jud Weiksnar When rock videos first came five years out about four or ago, they mystified me. Why, I ■wondered, would anyone want to watch one of those things? Music was meant to be heard, not seen. I was convinced that they were just a fad, and that they would never catch on. As any stockholder in MTV coutd tell you, I was wrong. Rock videos have arrived, and it looks like they're here to stay—at least until the next technological innovation —by M.E. Orvis Kimberly Copeland and Timothy Sheehan, whose efforts at Temple University's Polsky Criminal Procedure Moot Court Competition (held last month in Philadelphia) placed them in the semifinals, further enhanced U/B's reputation as a force to be reckoned with in regional Moot Court competitions. Congratulations! Students . Won't Sue. continued from page I to admit otherwise. Because of the severe treatment that the students received, given the nature of the violation charged, the question has arisen whether action can be taken against the city for a violation of the students' rights of due process, which ideally protects citizens from overzealous action by state institutions. Twelve Struck Deal Twelve of the nineteen students are no longer in the position to take such action against the city. On February 28th, Chief City judge H. Buswell Roberts dismissed the charges against twelve of the students in return for their agreement not to sue the city of Buffalo for its action in arresting them. Judge Roberts had signed the search warrants used in the housing raid two weeks earlier. Seven of the nineteen students refused to accept the bargain and vow to stand trial. David C. Jay, the attorney representing those seven, told the Buffalo News that the offer of dismissals conditioned on releases was made to his clients, but that they have chosen to stand trial, thus re- taining their right to attempt a subsequent action against the city. Further action against the seven was set by Judge Roberts for March 20th. Judge Roberts refused further comment. Dom it Better, Faster for Less! W.fcnl. if, i SmnpUt Copmd ALSO: • ••• TkkM tain a rtumtm Brochum Bu*. Cards 9 LstlailMftds • Envfllop#s IDIMFUM 9171 IWn Si 04-7M* B3S-0100 Opinion 8 Charges were dismissed against: Rocco Capuano, 20; Thomas McDonald, 21, Brian VanWagener, 22; William Schaumloffel, 21; and Robert Marion, 19; all of 24 Highgate Avenue. Charges were also dismissed against Thomas McNulty, 22, of 21 Minnesota Avenue, and the following residents of 91 Englewood Avenue: Sheila Creenfield, 21; Janet Neuburger, 21; Peter Snyder, 21; Paul Recht, 21; Kenneth Rosenberg, 21; and Theodore Pelton, 22. Charges still remain against Peter Baxter, 22; David Haber, 24; Aldith Powell, 23; John Moore, 27; George Baron, 25; Eric Pollard, 19; and Lori Joubert, 25. FSRB continued from page 1 enough evidence will be found to prove someone guilty, he stressed that the offense is a serious one, and that he personally views it as academic dishonesty, worthy of severe punishment. He added that the subcommittee is also concerned with finding ways to alleviate the problem in the but pop radio stations weren't giving the songs any air play —until the album took off based on its MTV exposure. Then all of a sudden you heard the Stray Cats on everything from 97 Rock to WBEN. It was probably the first time an album became a radio hit after it sold out at the stores. It almost always occurs the other around. Video seems to keep getting bigger and bigger. Grammys are awarded in several video categories. Michael Jackson hired John Landis of Animal House fame to produce his comes along. Videos have grown to the 14-minute "Thriller" video. point where they not only Screens proliferate in bars and reflect the latest trends in restaurants. The biggest one popular music, but they shape I've seen is at the 2001—it them as well. Duran Duran is looks like they borrowed it the best example of a group from the Buffalo Drive-In. While some videos are very, made by the video revolution. Here's a bunch of guys who are very good, others can be very, o.k. musically, but who come very bad. Some of it may be across great on film. When due to the producer or the some high school girls catch budget, but what it basically these hunks on MTV, they just comes down to is how creative have to go out and buy the the artist wants to be, and how album. A picture is worth a well he/she/other (Boy George) comes across on film. thousand sales. What's a good video? The Stray Cats are another —One that makes people group made by MTV. Viewers loved their videos "Rock This stop talking and start watTown" and "Stray Cat Strut," ching. (See "Anything by way Michael Jackson," infra.) —Most of those by E noinfluenced artists, e.g. Talking Heads, Devo, David Bowie. These people are extremely creative, and the video medium gives them just one more excuse to let it all hang out. — Anything by Michael Jackson. Whether you like him or not, you must admit his videos have the EF Hutton effect. When they come on, people listen—and watch. What's a bad video? —Just about any of those you see on RockWorld. These appear to be MTV rejects. (RockWorld is a competitor of MTV, and is broadcast on those campus t.v. screens, including the one outside the first-floor lounge.) —Any of those where the band just stands there lipsynching. If that's all you want, just watch Solid Gold. —Most heavy-metal videos. These are definitely geared toward the high school, leather jacket crowd, and are like the music they portray —heavy handed, low on creativity, and just plain dumb. You need more than a beat to carry a good video. Critical Political Analysis... continued from pane 4 not doubt that this was done. I denounce the act, as I'm sure many others whom Mr. Donatelli would label "leftist." Donatelli should, however, realize that his particular organization is not the only one to have its announcements defaced. I have seen organizations who sponsored speakers from the Church in Nicaragua or the unions in El Salvador have every single announcement on the campus torn down the night before the presentation. Let's get over this unfounded paranoia. Not only is there political intolerance, there is in which the Left and Right will listen to each other and respect the other's views." (The Opinion. 3/2/84, p.3) Ideas have to earn respect and acceptance. One's birthright in this nation should be to be guaranteed an opportunity to present one's ideas; whether or not they will be avidly embraced by one's peers is another issue. (Then again, under the Donatelli analysis, if you are one of the "brighter students," I imagine you'll probably just sit in the back of class somewhere, keep your mouth shut, and wring your hands.) (The Opinion, 3/2/84) also, often, down-right hostility. Does that mean that the acts are the result of a concerted conspiracy by the amorphous Left? You tell me. WHY THIS RESPONSE? A NEED FOR CRITICISM: FROM THE LEFT OR RIGHT Mr. Donatelli has also protested the lack of: "an unrestricted atmosphere, one environmental, feministic, homosexual tolerating, liberalleft type students in this Law School. I speak for myself and out of a deep antagonism (AND A SOMEWHAT POINTED ONE AT THAT) I cannot speak for all the card carrying, free speech advocating, anti-plantation, pro- fascism and toward totalitarianism. It was not long ago that my grandfather came to this country, settled in a small town on the Ohio-West Virginia border, and had his restaurant boycotted and a cross burnt on his lawn. I have not forgotten the stories told by my relatives of fighting the Nazis in Greece during the Second World War, or the first hand accounts of life under the occupation. "Right minded individuals," what will you do when you see the news clips on CNN of a Salvadoran soldier standing over a handcuffed civilian who is lying face down in a street in San Salvador. What will you do when he winds up and kicks that person in the head with his shining black jack boots? Think about it, and understand why it is that some individuals hold such strong views about the subject and are perhaps a bit hostile to the cheerleaders of the Reagan, Kirkpatrick, and Kissinger Fan Club. future. Commenting on the inDean Headrick said, "I regard such transgressions if proved to be a serious matter," adding that if any accused person is convicted after due process, the punishment vestigation. will be severe. Headrick noted that the destruction or hiding of library materials is a serious offense, and that if a person is guilty of trying to gain personal advantage at. the expense of disadvantaging other students, serious questions are raised as to whether that person should be permitted the privilege of practicing law. The Dean also added that discussions regarding increasing the investigatory powers of the FSRB are being conducted, and that it may be possible in the future for the FSRB to obtain the services of outside professional investigators. March 14, 1984 V HAPPY SPRING W BREAK "*s^ I /WT From The Opinion �Marine Corps Officer and lawyer, talk with You'll get first hand experience in the courtroom right from the start. In three the Marine Corps Officer Selection Officer years, you could handle more than 3,000 when he visits your campus. More than cases in a wide variety of subjects from -190,000 Marines could use your service, : . international to con- i L z^ Maybeyou can be one ot us. WW M tracts to criminal law. If you think you have E=ii!iiiiiiiiiiiiM | MmfiVC IQ(\ /I/I/I niiattto, tha 9uMM etart frAm f Ulll UK 11 1 <*dE^ ™^'tS^ liiiiijiiiiim ■■■" # ==_ 1 ■^= f= -^= f g r 0 to m m V w m [ A • March 14, 1984 Opinion 9 �Visiting Hawaii, The Land of Good Living ments I got when I went up to the cashier to purchase the lotion—"You expecting to get a tan in the winter, eh? Chuckle, by Victor R. Siclari Well, it is almost that time. Spring (Buffalo Winter Part II) break is only two days away and you still don't have any plans. You say you are tired of the same, old, usual "Let's go to Florida" regime. You are tired of being one of the crowd and fighting all those crowds down in Fort Lauderdale or at Disney World or wherever it is in Florida that college students flock to. You say you want something different, exciting, extraordinaire. Well no need to fret because you can be on your way to a paradise of sun, white beaches, and dancing girls (yes, that's right—dancing girls) in bikinis. "Where," you ask, "is this chuckle." She sure shut up fast when I told her I was leaving for Hawaii the next day. Although she said, "Have a nice time," as I left, I knew she didn't mean it one bit and probably hoped it would rain the whole week I was in Hawaii. The Flight to Paradise arrived at the airport on time the next morning (no O. J. Simpson feats necessary) and World Airways swept me off my feet with their Luxury World Service—chamAnyway, I pagne and quiche for breakfast, wine and fish filet for lunch, more wine and prime ribs for dinner, and a hot lemon-scented towel after each meal to freshen up. This helped make the 4959-mile, 12-hour flight a little more bearable, especially after hearing all. the songs on the music channels in the plane for the fourth time. (I could have gone on American Airlines with my two friends, but it would have cost me $1200 instead of $450. I will never understand what makes a seat on an airline triple its value in one week. Luckily, though. World Airways doesn't require advance reservations for their supersaver flights, as American structing sand sculptures with modified plastic buckets, bottles, cups and ordinary kitchen utensils. On the Saturday that we were there, they built a lifesized scene of a punk rock family watching MTV with their punked-out dog. They colored the scene by spray painting it with a mixture of water and food coloring. The son and dog had purple Mohawks, the wife had a red polka-dot dress and the father had lightning bolts on his T-shirt. On Sunday,they created a city of miniature pyramids. It took them about six hours to create these sculptures, and during the whole time crowds of people stood around watching. They are so well-known that they were featured on Real People on February 8. Besides the beach, we visited the new U.S.S. Arizona paradise?" It is Hawaii, our fifMemorial in Pearl Harbor. tieth state and by far the best After 42 years, the ship still acquisition made since holds the remains of 1,100 men just under the surface of the Manhattan was bought from water, and oil from inside the the Indians for $24.00 in ship still scars the surface of trinkets. You say it can't be done, not in two days, not with the blue-green water as a sort the price of airfare. I say it can does.) of ghostly reminder. People Upon arrival in Hawaii I was commemorate the dead by be done, because I did it over winter break. immediately overcome by the throwing flowers into the beauty of the palm trees in the water. The Navy requests you Preparing for Takeoff middle of the airport and the do not throw coins in the My trip was spur-of-thewarm weather (I was still in a water, though, because the moment, with airplane reservadeep freeze from Buffalo). I no alloys in the coins corrode the tions made less than eighteen sooner had realized that this coral that has built a protechours before takeoff. Needless paradise was real when I was tive shell around the ship. We to say, a lot went on in that whisked off to the hotel in an also visited the National Punshort time period. Plastic airconditioned bus (but I chbowl Cemetery, another money and 24-hour banking yearned for warmth!) memorial. Its monuments list solved the problem of how I It wasn't until we were in the names ofover 26,000 Misswas to pay for my expenses by Hawaii that we learned that ing War Dead from War World providing me with some imthis is their rainy season. II and the Korean War. mediate cash and allowing me However, we were blessed Mai Tai Fever to charge the rest. The actual with sunny, 80-degree plus packing was not a big problem; weather and were able to lighter-headed The side of the problem was what to pack. spend most of the time on our trip included a luau at The prospect of travelling to Waikiki Beach soaking up the Paradise Cove where we imbibHawaii had been the furthest rays. ed many mai tais (a drink with thing from my mind when I left five types of rums surpassed Buffalo (since the only island I Bumming on the Beach only by the Long Island Iced expected to visit was the Long The beach was a sight to see. Tea). As pur group arrived we one). However, thanks to Men and women alike wore were accosted(!) by a pretty stores that keep inventory on the smallest bathing suits perHawaiian girl who bestowed a their shelves from two seasons missible by law in their at- drink and a lei upon each of us ago, my adventure was not a tempt to expose as much of and posed with us for a picdisaster, r wasable to purchase their bodies to the sun's rays as ture. Then, once we had eaten a few pairs of shorts, some possible (and they did a good a dinner of traditional summer shirts, and a bottle of job of it, too). The only blight Hawaiian food and imbibed on the beach was this very some more free mai tais, the suntan lotion. Boy, the com- ESSAYS ARE THE "KILLERS" ON THE BAR EXAMINATION"! (ASK ANY "REPEATER") For over 40 years, LOUIS A. KASS has taught many thousands of successful bar applicants how to ATTACK, ANALYZE and ANBWER the most difficult Essaysl WHY TAKE ANY CHANCES? REGISTER NOWI We were over-subscribed eleven consecutive tlmesl 6 SUNDAYS, Commencing JUNE 10, 1984V<l to 4 p.m.) HOTEL BARBIZON PLAZA HOTEL, NEW YORK CITY FEE: |200. KASS PROBLEM ANALYSIS CLINICS AGENT: \ 27 WILLIAM STREET NEW YORK, NEW YORK 10005 (212) WH 3-2690 10 ~stifc"W%mr girl came to the table with the developed picture. By now we were ready to submit to anything and consequently purchased the glossy 8 x 10 for $10 (those Hawaiians don't miss a trick). Soon after another pretty girl grabbed obese woman who wore a florescent-colored bikini. Maybe she was there to warn ships ashore. The most interesting aspect of the beach, however, was the They weekend sculptors. spend their weekends con- 1^....^ "~ ■ some of us and brought us on stage to dance the traditional Hawaiian hula. Unfortunately, she left our side and some ugly male Hawaiian, who was five times the size of the girl, led us in the hula. It was a good thing I had brought my wide-angle lens. On another night we indulged in more mai tais and hula dancing on a sunset dinner cruise aboard the Royal Prince, the yacht used in the series Charlie's Angels, Hawaii FiveO, and Magnum P.I. Although we were told that Tom Selleck has a house somewhere en the island of Oahu and can occa- sionally be seen in the clubs in Waikiki, his whereabouts were a well-kept secret (as if I really cared, anyway). perienced the lifestyles of these respective islands from the music, dancing, grass hots, and daily activities like coconut husking. Hangin' Loose Overall, life in Hawaii leans toward the simple and laidback. For example, instead of naming their bus system something like the "Metropolitan-Suburban Bus Authority" (whew!), they settle for a simple "The Bus." Another example is their favorite saying —Hang Loose—which is also communicated by a hand sign depicted by the extension of the thumb and pinky from a closed fist. It means just what it says—to hang loose, don't get uptight, and take life easy. In Hawaii, no one wears ties, and suits are out of the question. Appropriate dress includes a Hawaiian shirt plus whatever else you feel comfortable in. And if you are the kind of person who is timeoriented and always looks at your watch, don't go to Hawaii. Everyone here takes it slow and easy. Unlike NYC, obey motorists the pedestrian's right of way and pedestrians don't cross the thoroughfares unless there is a "Walk" signal flashing, even if I'm Flying High Now Other activities included more drinking at bars and discos. There are probably more drinking establishments on this 3-mile strip than any 3-mile strip of Ft. Lauderdale. We also went to the traditional tourist traps upon which no cars can be seen for blocks. Hawaii's economy depends I myself found this rule hard to greatly.and went "parasailing" follow. As they say, you can (parachute sailing). This is a take the boy out of the city, sport whereby you are harness- but you can't take the city out ed into a parachute which is at- of the boy. tached to a speed boat by a You Can't Fool Me tow line which lifts you off The favorite joke a from dry dock in the middle about Hawaiian's the tourists is that so of the bay and pulls you as you "sail" in the air. When the ride many ask where they can obends, you make a three-point tain Hawaiian money. For landing in the water that is those of you who are not too quick, Hawaii is one of our akin to jumping into a pool. states and uses the dollar for its standard currency. Have Jeep Will Travel Another must on our agenda However, there is some merit was renting a jeep to explore to the tourists' question. the island. We drove into the Hawaii did have its own curcrater of Diamond Head (the rency before acquiring its same one seen in Hawaii Five- statehood, but to purchase it O), a volcano which has been requires many U.S. dollars. The most interesting fact extinct for over 750,000 years, and then hiked up to its outer about Hawaii is that 60 percent edge to explore a lookout post of its population is of Japanese used during-WWII. On our way descent and only a mere 15 to Sunset Beach and Bonzai peroent is native Hawaiian. Pipeline (whose winter surf The rest of the population is hosts the world surfing com- mostly Chinese and mainland petition with their 40-foot American. Because of this, waves), we passed miles of some native Hawaiians do Dole and DelMonte pineapple tender animosity towards and sugar cane fields. Each "foreigners" for "invading" year less and less pineapples their island. However, as far as are planted. Labor is cheaper I saw, they were as ready to in Central America so most of take my money as anyone the production and planting else's. has moved downthere. The onMahaloa and Aloha ly pineapples now planted in Before we knew it, the week Hawaii are those that will be shipped fresh. The sugar cane had come to an end. ,lt was industry on Hawaii is near ex- time for us to say "Mahalo" (thank you) to the islanders for tinction for the same reason, whereas only ten years ago it their hospitality and the opportunity to share in the celebrawas a major industry. We also stopped at the tion of their silver anniversary Polynesian Cultural Center, of statehood. Since I had operated by the Church of thoroughly enjoyed my stay, I Jesus Christ of Latter-day found it very difficult to leave Saints, more commonly known this paradise. Before I end this, I want to as the Mormon}. Here, students of the Brigham Young leave a little bit of advice to University, also operated by fellow law students. If you the Mormons, work and need to take, a not-soreceive credit or remuneration expensive, luxury vacation to while they coordinate exhibits get away from it all, go to one of of the native cultures of the Hawaii. And if you are Polynesian Islands (Hawaii, Fu- those persons who can't indulge without feeling guilty. ji, Tonga, Samoa, Tahiti, The Marquesas, and Aotearoa or New Zealand).. Here we exkfllttiflffilSPJßKf.!7 �Advocates On Ice Advance to Championships by Alan ). Bozer Wheatfield, N.Y., Mar. 5, 1984~The official Law School hockey team. Advocates On Ice, today advanced to the finals of the intramural hockey league playoffs. With a surprisingly easy effort, the Law "I never wanted to go to Mcd School," said Szanyi. "I had nothing to prove." Szanyi added another goal later to bring his league leading goal figure to sixteen. "I'm simply very good," he explained. But the teamwork was important, too. "It was obvious these mcd students each con- School heroes surgically removed the Medical School sidered himself a top surgeon," team from contention by the score of 9-3. Captain Al Bozer once again had his Advocates ready for a tough game. The squad flew onto the ice, skated circles around the Ice Meds, and performed in an altogether professional manner in the dispatch. The Meds were dissected, part by part, their weaknesses probed and explored. In the first few minutes, explained Capt. Al. "They had no finesse, no sense of the ART of hockey. I never wanted to go to mcd school either." Indeed, it w^s the consensus in the lockerroom after the game that it would have been a big mistake for anyone to have gone to medical school; at least anyone who wanted to play good hockey. Jim Navaugh had three fine assists with Szanyi, and played Kevin ("Do It Again") Szanyi with the unselfish abandon scored three goals with no which has marked the Adanswer from the opposing side. vocates success this season. , "There could only be one professional school hockey champion, and it sure wasn't going to be those stethoscope carriers/ remarked Navaugh. The pressure on the opposing goalie was at times so intense that the Meds seemed to be sleepwalking through it. "They may get away with that stuff in the hospitals, but they won't when they're on trial in the rink with us," noted Bob ("Spell my name right") Spangenthal. Once again, Sterling Nets Grue came through as "defender of the immaculate goal." Commenting on another by Peggy McHale fine performance, Crue said: Front Row (l-r): Paul McCrath, Bob Spangenthal, Sterling Nets Grue, Ira "The Meds proved that the only shots they know how to give Hecht, Jack Lane. Center: Capt. Al "Ironman" Bozer or take are those administered Back Row: Lee Smith, Brian Dennis, Kevin Szanyi, Adam Wekstein, Peter with a hypodermic needle." Bradley, Jim Navaugh, Ken Moscowitz Navaugh, Ira Hecht, Brian Dennis, Lee Smith, and Peter Bradley scored the other goals for the Advocates. — Student Telephone Abuses. continued from page 3 them. The current bill lists 7 calls accounting for $5.48 of expenses designated as business. Legitimate student business does not use a significant proportion \of the long distance budget. Personal calls made by students, for whatever purposes, obviously comprise the bulk of long distance calls. The personal calls are made on an honor system-people are expected to pay for their calls when the bills arrive. As of this writing, 25 calls have been claimed, amounting to $53.50. Susidization of Personal Privilege This abuse must cease. At a time when every SBA allocation is the subject of careful consideration, and very few requests are granted fully, it is outrageous that the SBA continues to pay for the private phone calls of a privileged few students who abuse the system with impunity. Visit Hawaii. . . Adventures of Empire's SuperSaver X ,' NEXT DEADLINE FOR The Opinion WE MUST? THERE'S- No\ TtLLINS MOW /MUCM WORD PROCESSING It v^^^\/ I/IF STUpeNTS TO 9OC* EARLY, I Jx^CT tL te W"*3 WE DOWT 6fT TWESE VON-^i^ J^^M I 7VEV' is Wednesday, March 28th! We hit the stands April 4th! P^oto I . . Access to the phones cannot those honest students who be restricted. The SBA and habitually claim their calls. BLSA offices are frequently But student fee money should open to the entire student be distributed as a result of a continued from page 10 body. More than 30 people formal request-and-decisiontell yourself (or your parents) At first you may wonder,why have official keys that give en- making process. It should not that you are going to Hawaii to Hawaiian's have only one word try to the rooms at any time. be expropriated by a privileged visit its law school (which is acfor hello and goodbye,Aloha, Who knows how often the keys few for personal long distance credited by the ABA.) and to but once you arrive you will are lent, or how many pirated calls. The SBA should pay only inquire about a transfer (tui- understand that once you say copies of keys exist? Clearly, for the local calling capacity tion is about the same as Bufhello to Hawaii, you can never falo). really say goodbye. the use of the phones cannot on all SBA lines. be monitored. There are calls made after 11 p.m. on the bill; we cannot post a 24-hour Empire Airlines' Collegiate Defender of Low Airfares, Champion of the Student guard to record calls. Obviously the honor system SUPEftSAVER HIES B WE MISTCUSe HIBH ABOVE THE C/HfUtCl WITHOUT DISCOUNT doesn't work. $425.28 in RESERVATIONS THERE'S 1 HWM HIS RETREAT. W DOWN THE SCHOOL AMP STATC IN MIS MOUNTAIN NO ING HIS FIRST SCNP TELL I AIL STOP. WHETHER I WE STUPCNTS unclaimed calls speak volumes ACRie. EMPIRE SSUPIK / THE MAWS CTW«, ITO THE R«S W/JW THE THEV'it /MAKE /r MVER ISJMNNM6 wwnnimiww... | HO^t s^ty/ gpsTATg of our honesty. tl~ UNNEKSITVs ENPOW| |^ The only solution is to ggW THE EVIL SPRING BREAK THey OWALJ. \T Vf~ ; TRAVEL PER/OP /S U«W l_ t I YJtTT eliminate the long distance •: kSkV NWCE V OS. MUST WE MOBILIZE BSBt"tnOMSi |B|jU. yi^ ]r\ capacity of x 2143. The fact that the SBA cheerfully OISCOUMT RESERVATIONS budgeted $2400 for telephones B indicates that this problem is historic and endemic~the current SBA is no worse than its predecessors. Limiting the telephone's capacity to local calls will inconvenience those students using the phone for legitimate business, as well as %Vu3\? BUT SUHeRSAVCR. HOwW I MUCH I I JB >KQ9 CAN KU REMVf w SO0*"*8 - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. " W&Sw > :'. r /w L/ jk SAtPIRC AHUIMBSI "•■—"—**—^—^«—^^ B?! fn. H.rtf r^W.wam. «*»». Wtwlifcigtoii. "»*• PWm. •, Buffalo, Rochester, Baltlmof -Z!^^-»^ I IcliSCA* If tlcji/nome» and Complete Editing Capability No need for retyping when editing drafts Repetitive Work at Reduced Prices 16 Typntyle. Symbols to Xeroxing. Printing. Bulk Mailing Chooie From * Printed to Look like Typeset Plck-Up O, Typewritten All Work Guaranteed — * . Delivery Available 883-3348 Call Proto-Type Randy For Ask %SBIS^^S empire For Beiewntlons and Information coll 800-962-5665-o«^our-TwjHWt Agent OSA^° 11 �1984 Baseball Preview: The National League by Randy Donatelli This is the first of a two-part report on the 1984 Baseball season. In this issue, the National League is featured and in two weeks the American League will be previewed. The National League's 109th season opens on April 2nd, and by early October look for the Dodgers to capture another pennant, their fifth in the last eleven seasons and ninth since they moved west in 1958. The Dodgers have built their team with homegrown talent, refusing to engage in all-out bidding wars for free agents. The Dodger front office and minor league system are the envy of all the other clubs, as are their yearly attendance figures which lately have approached four million. Fully expect the Dodgers to be the class of the National League again this year but watch out for the surprise team of the year, the Pitt- sburgh Pirates. The Bucs have the best pitching in the East Division and should prevail in a year in which there are no dominant teams in the division. In addition to the usually exciting pennant races, keep an eye on the pursuit of milestones by some of the league's great players. Pete Rose enters the season needing hits to become the second man in history to collect just ten 4000 hits. With 202 hits Rose can break Ty Cobb's all-time record for lifetime hits. Philadelphia's Steve Carlton will add to his total of 300 The trouble area with this club wins. Carlton will continue his is the outfield where Lee Lacy, seesaw strikeout derby with Marvell Wynn and Doug Houston's Nolan Ryan; curFrobel lead a mediocre group. rently they rank first and se2. Montreal: cond on the all-time list. Mike This team has consistently Schmidt leads all active Nafailed to win the division tional Leaguers in home runs despite their obvious abunand needs just eleven more to dance of talent. This year, reach the 400 mark. however, they are weaker than Pittsburgh's Bill Madlock will they have been in recent years. be gunning for his fifth batting Gone are Manny Trillo and Al title and the Giants' Al Oliver Oliver and, as a result, the Exwill be looking for his ninth pos will have to start both straight .300 season. Atlanta's Brian Little and Doug Flynn. In addition, Pete Rose will now Dale Murphy will try for an unprecedented third consecutive play first base. The bottom line MVP. Cardinal Lonnie Smith is that the Expos' infield will strives to remain the only achit no more than thirty tive player to never bat under homeruns, and pennants are .300 in a full season. The Cubs' not won with such low homer Ferguson Jenkins is just sixteen totals. Tim Raines has moved wins away from the rarely atto right field to make way for tained 300 plateau. rookie Mike Stenhouse in left. Raines, Andre Dawson and Here is a report on ea.ch National League team in the Gary Carter are all-stars, but it order I believe they will finish is clear that the Expos' lineup in the standings: has too many holes to win the N.L. EAST division. The pitching is very sound with Steve Rogers, Bill 1. Pittsburgh: The Pirates have the deepest Gullickson, Charlie Lea, Bryn Smith and reliever Jeff Rearand best pitching in the division. The starters will include don. This club should finish Rick Rhoden, John Candelaria, about two games behind the Pirates. Larry McWilliams, last year's rookie sensation Jose DeLeon, 3. St. Louis: and recently acquired John The Red birds have several Tudor. With Kent Tekulve, Rod strong points including the Scurry and Lee Tunnell in the best and fastest outfield in the bullpen, the Bucs will be solid league (probably the fastest of in the late innings as well. The all time). With Lonnie Smith, Pirates won't score runs at the Willie McGee and David rate they did in the 70's, but Green, left to right, the Cards with Tony Pena, Bill Madlock, have three .300 type hitters Jason Thompson and Johnny who can drive in runs and steal Ray, they should manufacture bases. The infield is solid with enough runs to make their George Hendrick, Tommy outstanding pitching hold up. Herr, Ozzie Smith and Ken PASS WITH PIEPER The Pieper seminar is now the "hot" bar review court* in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. I John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word - ask our alumni. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 LIMITED ENROLLMENT Oberkfell. Unfortunately the Cards really lack the pitching to win more than 85 games. Outside of Bruce Sutter, Joaquin Andujar and Bob Forsch, the Cards don't have much quality pitching. Infielderoutfielder Andy Van Slyke should emerge as one of the . league's best young players. 4. Philadelphia: The Phillies were one of the worst teams ever to qualify for the World Series, and this year's squad should support this claim. The Phjllies will struggle to play .500 ball and will barely finish ahead of the Mets. Steve Carlton, John Denny and Charles Hudson give the Phillies three good starters and Al Holland is the bullpen ace. Mike Schmidt remains the league's premier homerun hitter but no other Phillie will hit more than fifteen. To elaborate on the rest of the Phillie lineup would be an ex- ercise in futility. 5. New York: Met fans have good reason for optimism. This club is on its way up and will likely finish with about 77 wins. The reason for the optimism is the young pitchers. Jeff Bitttger, Tim Leary and Ron Darling all have impressive minor league credentials, and recently- deceptively effective with linedrive hitters Jose Cruz, Ray Knight, Jerry Mumphrey, Phil Garner, Terry Puhl, Dickie Thon and Bill Doran. The defense is nothing less than excellent, as is the overall team speed. Nolan Ryan, Joe Niekro, Bob Knepper, Bill Dawley, Dave Smith, Mike Scott and Vern Ruhle, give the Astros very strong pitching. 3. San Diego: The Padres' everyday lineup is among the best in the league. With Steve Garvey, Wiggins, Gary Alan Templeton, Tony Gwynn, Terry Kennedy, and others, the Padres should be an entertain- ing team to watch. Sophomore Kevin Mcßeynoids will be given the centerfield job and an opportunity to live up to his minor league phenom reputation. Tim Lollar and Dave Dravecky are the top starters on a staff whose strength lies in the bullpen. I'm picking the Padres to win about 88 games. 4. San Francisco: During the off season the Giants added Dusty Baker, Manny Trillo and Al Oliver. This trio plus Jack Clark will perk up a heretofore anemic offense. The Giants need good years from Johnny LeMaster, obtained Sid Fernandez compiled legendary strikeout stats Bob Brenly, Chili Davis and if they hope to while pitching in the Dodger Tom O'Malley, at the front runmake a run farm system. Veterans Mike Torrez, Ed Lynch, Doug Sisk, ners. Greg Minton and Gary Craig Swan and Walt Terrell Lavelle give the Giants the The round out the staff. Keith Her- League's best bullpen. Hamstarters include Atlee nandez, George Foster and Daryl Strawberry give the Mets maker, Mike Krukow and Bill a solid middle of the order. Laskey. The catching situation is pathetic and Mookie Wilson is 5. Atlanta: This club should experience barely adequate in centerfield. major slide this year. Two a The infield, outside of Hernandez at first, stinks. Look for starting pitchers tohave the the Mets to finish a strong departed: Phil Niekro Yankees and Pascual Perez to fifth. jail. Leadoff hitter Brett Butler 6. Chicago: The Cubs with Bill Buckner, has moved to Cleveland. Sure Murphy Ron Cey, Leon Durham, Jody the Braves have Dale they also Davis, Ryne Sandberg, Mcl and Bob Homer, but Hall and Keith Moreland, have theaterror-prone Rafeal no leftshould lead the league in runs Ramirezto short and scored. The Cub pitching, fielder speak of. Glenn Hubhowever, is horrible. Only bard and Chris Chamblis form bullpen man Lee Smith is a a competent right side of the bonafide stopper. If this club infield, but Homer and had the pitching talent of Mon- Ramirez give the Braves the league's worst defensive intreal, they would win the division. Rookie outfielder Joe field. The depleted pitching Carter could emerge as a star staff is headed by Len Barker and Craig McMurtry as starters ballplayer. and Steve Bedrosian out of the N.L. WEST bullpen. The Braves have fail1. Los Angeles: to replace the loss of key ed With Fernando Valenzuela, players and they will suffer Reuss, Bob Welch, AleJerry greatly as a result. Don't be jandro Pena and Rick fooled by the Braves of '82 and starters Honeycutt, the Dodger team is not a conare the best in the league. '83, this tender. Steve Despite the absence of Howe, the bullpen is sound with Tom Niedenfuer and Joe 6. Cincinnati: The Reds are truly in a Beckwith and, no doubt, rebuilding stage. Developing or two another brilliant rookie leaguers rather their minor Even with Dusty Baker gone, than high priced free signing the Dodgers will hit their share will pay long-term agents of homers as they always do. If dividends but, for the moment, their is a weak area it is at cat- the will sink or swim with cher. The Dodgers are simply theirReds young players. The outbest team. the league's field of Gary Redus, Ed Milner 2. Houston: and Paul Householder has The Astros will likely emerge potential, particularly Redus as the winner of the battle for whoresembles a Bobby Bondssecond place in the west. Last type player. Nick Esasky is a year, this team rebounded good third baseman who has from a horrible start to finish surprising power. Mario Soto with a winning record. This may be the league's best pitseason look for the Astros to cher, but the rest of the staff is win 90 games and finish about subpar. Bruce Berneyi and Joe five games behind the Price are potentially good pitDodgers. The Astro hitting is chers. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-03-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/14/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/82b37984ba34e008b4a10f6680620fed.pdf b45fac93ca3d33b8898f8ad12d7f776b PDF Text Text Vol. 24:9 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW SBA Passes Environmental Policy Resolution by Andy H. Viets ly opposed it on procedural grounds. Araujo, who is not a Under its recently adopted member of the SBA, based his Bylaw 14 covering Special argument on a paragraph in Resolutions, the Student Bar Bylaw 14 which states that Association on February 9, "Special Resolutions shall be 1984, passed such a resolution posted in full on the SBA office opposing the burial of low- door and SBA bulletin board level radioactive wastes. In the before noon, at least 24 hours resolution, the SBA contends prior to any meeting in which that current methods of the resolution is adopted." disposal are inadequate and Before adopting the resoluthat the wastes can be kept in tion, the SBA approved the above-ground concrete or steel deletion of a phrase from the containers for temporary resolution that was posted. storage. The SBA concludes by The deleted line referred to stating that "the State Univer- reducing the production of sity of New York at Buffalo radioactive wastes, thus going Student Bar Association of the beyond the thrust of the body Faculty of Law and of the resolution which dealt Jurisprudence opposes the un- only with the disposal of such safe burial of radioactive wastes. Araujo claimed that wastes and supports the study this deletion changed the of above-ground storage resolution that was originally techniques." posted, so that the amended The resolution passed easily, resolution should have been though not before second-year subjected to the 24 hour student Ted Araujo vehementposting rule of Bylaw 14. U/B Hosts Seminar ment. Phillips was willing, however, to entertain the idea of posting, along with any future SBA special resolution, a statement that the SBA, during the meeting in which the resolution will be voted on, might amend the resolution to something quite different than what is actually posted. On New Model Rules WHEREAS we are residents of Western New York concerned for our own safety and the safety of our community; WHEREAS we desire only the safest method of disposal for potentially dangerous materials in our community and any other; WHEREAS the most toxic and long-lived sources of "low-level" radioactive waste are nuclear reactors and nuclear weapons operations; WHEREAS shallow land burial of "low-level" radioactive waste is inadequate; WHEREAS three of six disposal sites have closed at Maxey Flats, Kentucky, Sheffield, Illinois, and West Valley, New York; WHEREAS these sites are inoperable because of water tion into the burial ground, erosion of the land and migration of radioactivity; WHEREAS this radioactive material will be hazardous for a minimum of 300 years and must be prevented from reaching the environment through soil, water, and air during its radioactive infiltra- life; WHEREAS transportation of "low-level" radioactive waste is an expensive and potentially dangerous activity; WHEREAS membership in the Northeast Compact may not be the most advantageous option for New York State; WHEREAS these wastes could be kept in aboveground concrete or steel containers for temporary storage; WHEREAS this body has been made aware of the long term hazards of burial of "low-level" radioactive waste to human health and the environment; THEREFORE BE IT RESOLVED that the State University of New York at Buffalo Student Bar Association of the Faculty of Law and Jurisprudence opposes the unsafe burial of radioactive waste and supports the study of above ground storage techniques. Research & Writing System Commended, Criticized by Victor R. Siclari The Erie County Bar Association and State University of New York at Buffalo Faculty of Law and Jurisprudence sponsored a seminar on "Ethics in an Adversary System" in the Moot Courtroom on Saturday, February 11. Part of the seminar was a presentation by Hofstra University Professor of Law Monroe H. Freedman, entitled "The New Model Rules of Professional Conduct: Are They Right for New York?" Professor Freedman, the most widely known commentator on ethical questions faced by defense attorneys, was a recipient of the American Bar Association's Gavel Award in 1976, and is the author of a book Lawyer's Ethics In an Adversary System and of many articles in law journals. All first-year law students were required, and other law students were encouraged, to attend this Ethics presentation because of its importance and relevance to any law student's future conduct as an attorney. The main issue discussed at the seminar was how the-adoption on August 2, 1983, of the ABA Model Rules of Professional conduct failed to resolve the conflict among the attorney's obligation to provide effective legal counsel, the confidentiality of the attorney-client relationship, and fundamental principles of the U.S. Constitution. The ABA Model Rules of Professional Conduct are an attempt to formulate standardized rules of ethical conduct, but they have no legal effect whatsoever unless they are adopted by the judiciary or legislature in each jurisdiction. So far, only Virginia has adopted them in their present form. New York has indicated that it will not adopt the new rules as they now stand because of the inconsistencies and ambiguities. continued on page 8 Text of Resolution SPECIAL RESOLUTION OPPOSING BURIAL OF "LOW-LEVEL" RADIOACTIVE WASTE SBA President Greg Phillips, as well as other members of the SBA, countered this argument by stating that it is an understood characteristic of any parliamentary organization that it has the right to amend a resolution before voting on it. Bylaw 14 itself is mute on the issue. Despite Araujo's objections, the SBA proceeded to pass the resolution. After Phillips adjourned the meeting, Araujo continued his attack on what had just transpired. It was at that time that Phillips, commenting on the day's proceedings, asserted that he was convinced that Araujo had no legitimate argu- March 2,1984 by Dave Marcus The Law School is midway through its latest change of the first-year curriculum. The experiment—assigning Research and Writing classes to clinic instructors—has so far met with mixed reaction. Prior to this spring, students had the same upperclass teaching assistant (TA) forboth semesters of Research and Writing. This year, however, fall. Each clinical instructor is teaching two classes of approximately twenty students each. In addition to supervising the writing of research memos and briefs, the instructors in the spring semester must supervise and judge oral argument. Pro commented that assigning clinical instructors to Olsen the TA's only taught fall teach Research and Writing classes; the full-time clinic demonstrates a commitment faculty has been assigned to in- of the Law School to skills struct them in the spring. Actraining. He added that clinical cording to R. Nils Olsen, Direc- instructors are skilled lawyers tor of Clinical Education, as well as teachers. Explaining clinical instructors will con- that while TA's are "dedicated tinue to teach Research and and hard working," clinical inWriting in the spring only, with structors represent an TA's teaching classes in the "upgrading" of the first-year instruction. Counting the Eighty-Four Days Olsen further noted that clinical instructors are not getting paid any extra money for teaching Research and Writing. Ron Hager, who teaches the The Commencement Committee's 84 Days party was one to remember. Please turn to page 7 for more pictures. Education Law clinic in addition to his Research and Writing duties, says the new system is working well and would like to see the same format repeated next year. "I enjoy it. It's fun to teach something different," Hager commented. He noted that one advantage of having clinical instructors teach Research and Writing is that they are more experienced than second or third year students. First-year student Art Scinta agreed, commenting that "it's like having a full professor for the course instead of a TA." Con Not everyone agrees that the new system is preferable, however. One area of concern is that classes are now larger and more formal than they were when conducted by TA's. The fall classes generally consisted of about fifteen students. Paul McCrath, a TA last fall, stressed that individual attention is the key to research and writing. He stated that larger classes are detrimental since students lose the benefit of the one-on-one relationship. "Student TA's gave first-year students an intermediary between themselves and professors," McGrath explained. He added that this interaction helped reduce first-year students' fears. One first-year student, who asked not to be identified, agreed. "It's that much harder to communicate on a personal level to a large group," he noted, adding that TA's have more in common with firstyear students and can relate to their problems better than clinical instructors can. A second criticism of the new system is that clinical instructors are too strapped for time to commit their full continued on page 8 �Vol. 24, No. 9 Editor-in-Chief Mary Ellen Berger Friday, March 2,1984 Managing Editor Ray Stilwell News Editor: Feature Editors: Victor Siclari Wendy Cohen, Andy H.Viets Business Manager: Bob Cozzie Staff: Ted Araujo, Martha Beach, Alan I Bozer, Robert Bursky, Victor J. D'Angelo, Randy Donatelli, Cliff ralk, Jeff Johnson, Pudge Meyer, Kathy O'Hara, Greg Phillips, trie Turkewitz, Jud Weiksnar, Steve Wickmark Contributors: |oe Calvano, Dave Marcus, Marty Smalline Copyright 1984, Opinion, SBA Any republication of material!; herein is strictly prohibited without the express consent of the fcditors. Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo. New York 14260 The views expressed in this paper are not necessarily those ot the bditonal Board or Staft of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy ot Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law fees Composition & Design: University Press at Buffalo i' in Uriv»uitv|P>»u Editorial You've Got the Clue To Solving Jobless Blues As the spring semester meanders towards the midway point, many student denizens of John Lord O'Brian Hall can be heard discussing, in tones alternatively panicky and depressed, the Job Situation. While some of our classmates have found temporary or permanent jobs, there are many others who have been less fortunate in the job search. The unemployed among us can be heard to complain not merely about Fate, luck and the tight job market, but about that office on the third floor called "Career Development." At issue here is a fundamental misconception that students have regarding the role of the Career Development Office (CDO). It does not exist to find us jobs. Instead, its role is to provide us with the information and resources we need to find jobs on our own, and to improve relations between the Law School and the legal community. CDO has spent much time and effort this year on various programs designed both to help students in their career considerations, and to improve ties to the local (Jar. Two programs~Ohe-Tr>dne and the "Information" Panel' series-are particularly noteworthy. The One-To-One program, which matches students to local attorneys, is an excellent opportunity which students must not dismiss. The participatingpractitioners have agreed to spend valuables time introducing students to the daily routine of their offices and answering questions. The U/B Law students who participated in it last year wrote enthusiastic comments to CDO describing their experiences, and commending the attorneys who went out of their way to make sure the student visits were worthwhile. The Career Information panels, on topics ranging from public interest to corporate law, have brought panels ofattorneys on campus to lecture and to answer similar questions in a different setting They, too, provide invaluable introductions both to areas of law and to those who practice in them. Both the One-To-One Program and the Career Information panels have been successful from one standpoint—a large number of local attorneys have been willing to donate time to participate in them. Student response, however, has been less than enthusiastic. Almost five times as many attorneys as students are willing participating in One-To-One to date. Likewise, the Career Information panels have thus far been poorly attended, particularly considering that more than 800 students attend this law school. What impression can the local Bar be expected to get of our law school, when less than a dozen students attend an information panel, or if lawyers sign up to participate in One-To-One, yet students don't? Certainly not as good an impression as could be made if students, instead of complaining about what CDO is not doing for them, participated in its programs. There are, no doubt, many students who would have availed themselves of CDO's informational opportunities if programs such as One-To-One and the Career Information series had begun earlier in the year. There is widespread feeling among the law student body that CDO caters to a too-small segment of the second-year and third-year classes, and that it's too late to take advantage of CDO's more general career development services by the time Fall recruiting is over. We must admit that there is merit in the frustration that such students express. We do not believe that CDO is being partial to the top 10 percent of the class, nor do we begrudge the selective employers their selectivity We are, however, a bit concerned with the passiveness of CDO's egalitarianisrp. Perhaps the office could spend less time scheduling 20-minute interviews in September and October (the Buffalo firms could, after all, give first interviews at their offices), and more meaningful time scheduling and broad-based presentations that have thufrfar been Confined to the post-recruiting months. Nevertheless, we hope that students, in the future will.think before they complain. Improving ties between the Law School and the legal community as a whole can only serve to benefit both students and the Law School in the future. In addition, obtaining information about different aspects of legal practice while still in school can help students make informed career choices. This isn't a fancy law school, and not many employers are banging on the doors to hire us, as we. all wellrealize. The programs are here to help us out, and we should take advantag"e of them. Opinion 2 March 2, 1984 Presidents Corner Update On SBA Functions by Greg Phillips Hello once again from your student government, the Stu- dent Bar Association. By the time you read this, February will have mercifully thawed into March and we will all begin to be increasingly distracted by the warmer Spring weather and/or the NCAA basketball tournament At least I hope so. In any event, the pace of activity within the SBA and its various clubs and committees is already increasing, and I will, therefore, attempt to bring up to date with some of these events that have occurred, and some that are planned. resolution suggested by the Sierra Club's Radioactive Waste Campaign, and calls for consideration of other storage techniques for these highly toxic materials. The resolution was the basis for Heidi Siegfried's testimony before the State Energy Office hearings, held downtown on February 15. Thanks to Paul for the proposal, and to Heidi for caring enough to take the time to appear at the hearing. ni Arena. The preseason favorite to win the championship case of Michelob Light is once again the well-drilled, if somewhat overcoached, squad led by Anne Carberry. Just kidding, Anne. Social The onset of the Spring semester has brought forth the usual bevy of SBA sponsored social events. The annual Three Coins Party was held Committee, with student members Tom Bantle, Louise McMillan, Ed Peace and Charlotte Sibley, invested much time and effort in Student-Faculty Committees I'd like to thank the student members of the various Student-Faculty Committees for their work so tar this year. I'd like to particularly single out two committees. The Appointments meeting with prospective think it's fair to faculty members and schedulsay that most people seemed ing open interviews for inResolutions The SBA has taken a few to have a fine time, at least un- terested students to do the Video same. Thanks also to the more public positions since my til the "Friday Night last report. On January 26, the Fights" unfortunately broke students on the Facultya.m. Student Relations Board for SBA Board adopted a resolu- out somewhere around 2 their ongoing work, particulartion opposing Governor Hopefully, this unnecessary this ly in regards to the proposed won't make to tuioccurrence Cuomo's plan increase tions throughout the SUNY the last annual Three Coins Academic Discipline rules. system. The full resolution ap- Party. I hope not. Anyway, 1984-85 Budget peared in the February 15 issue thanks to all who sat at the the organizations to collect student All helped the door Copies of and of The Opinion. resolution were sent to the ap- admission charge, and to Jill should presently be drawing and the rest of the Social Com- up their proposals for next propriate State officials. On February 9, the Board mittee for organizing this suc- year's budget. The forms are available in the SBA office and adopted a resolution opposing cessful event. The '84 Days Party (is it real- are due back to the Finance the burial of low-level radioacwith tive wast, particularly at near- ly coming down that fast?!?) Committee by March 9, by West Valley, NY., based on was held at Rooties on hearings to follow. Meetings safety considerations. (More February 23. Finally, I onceagain invite all about this resolution appears to Anne thanks Finally, attend the SBA Board elsewhere on page 1.) The Carberry and Peter Russ, the to held each Thursday Meetings, resolution, "proposed by Paul Law School intramural p.m. at 5:30 in the first floor of Mitchell, President U/B volleyball league is again in lounge. We want to hear from Law's Environmental Law full swing. Matches are held on time Society, is based on a draft Monday evenings in the Alum- you. Until next February 3. I Don't miss LAW REVUE Friday, March 2, 1984 7:30p.m. at St. John Maron's Church Hall Wehrle & Youngs Rds., Amherst near E.C.C. North, watch for maps in mailroom Spring Thaw at the Niagara Hilton Friday, March 30,1984 Cocktails at 7:3Opm Dinner at B:3Opm Dance Music Provided by Jack Freedenberg & friends Tickets on Sale March 5,1984 in front of Library $15.00 per person without Entertainment Card $13.00 per person with Entertainment Card* • limit 2 tickets per Ent. Card �Present Practice Perspectives CDO Panels by Mary Ellen Berger According to Maigret, learning "issue orientation" is the Say you want to be a lawyer, key to acquiring successful but aren't sure what kind of work you would find to be the most rewarding, least boring, most lucrative, or least paternalistic. Wouldn't talking to practitioners' from various fields be the most logical way to learn what "lawyering" is really all about? The Career Development Office (CDO) thinks so, and is offering U/B Law students a series of career information panels to educate students on the realities of the employment skills. The ability to spot the issues involved in a particular case, research them thoroughly, and then argue them in a motion, or at a trial or hearing, is essential to all litigators and must be developed while in law school. In response to a question from the audience, Maigret stated that only one of the before becoming a full-time criminal defense attorney. According to Greenman, the best work experience right out of law school is being a prosecutor, because you "learn to put a case together." Greenman, who is one of a handful of criminal defense practitioners in the Buffalo area, specializes in representing clients who are accused of drug-related offenses. The demand for such specialists is rapidly growing in the southern seventy-five attorneys in the District Attorney's office is and southwestern United black, but added that "minori- States, claimed Greenman, job marketplace. ty students applying to our of- "thanks to Reagan's holy On Tuesday afternoon, fice would have a much better crusade against drug dealing." February 21, members of a chance than a non-minority" Greenman pointed to a trend panel entitled "Perspectives of securing an internship or in Florida where defense on Criminal Law Practice" similar position. lawyers are themselves being arrested for drug- and presented four distinct viewpoints on prosecuting and racketeering-related activities, The Defense Never Rests defending persons charged Speaking for the defense at and warned all students to with committing crimes. Each the February 21 Career Infor- remember "to be professional speaker explained how she/he mation Panel were Helen Zim- and ethical. Don't let the glory had worked up to her/his pre- mermann, Public Defender and glamour of the job make sent job, outlined the duties with the Buffalo Legal Aid you forget that [a lawyer is] an that job entailed, and offered Society, and Herbert Green- officer of the court." Among Greenman's advice honest opinions on the job's man, member of the Buffalo advantages and disadvantages. firm of Palmer, Greenmanand to would-be criminal defense practitioners was: be prepared Speaking for the prosecu- Hurley. tion were Richard Maigret, Helen Zimmermann worked to be "married" to your job; Assistant District Attorney and as a full-time volunteerfor five learn to be comfortable speakBureau Chief of the DWI Task months before being hired at ing in front of large groups of Force for Erie County, and her office, which is staffed by people; and, above all else, Kathleen Mehltretter, Assis- nine attorneys who represent always get your retainer fee tant U.S. Attorney and Bureau approximately 80% of all per- "up front," before putting a lot Chief of the Criminal Section son arraigned In City Court in of work into the case. "You have the best chance for the Western District of Erie County on non-felony charges. Zimmermann stressed of being a good criminal atNew York. Maigret and Mehltretter such challenges of being a torney if you qualify as 'Type each worked for several years public defender as time conand had extensive trial ex- straints between meeting and perience before transferring in- actually representing your to their present positions in the client, and pressure from public sector—Maigret as a judges to move the trial calenpublic defender and Mehltre? dar along, but exuded enThe Buffalo Law Review inter as a staff attorney for the thusiasm about her work and vites all first-year students inDepartment of Justice. Both the camaraderie which propels terested in participating in the advised any student who is in- the staff. "Our work is never annual casenote competition terested in litigation to take boring, and it's safe to say that to attend an informational courses in Criminal Procedure, we'll never have a lack of meeting Wednesday, March 7 Evidence, Trial Technique, and clients," claimed Zimmerat 2:30 in Room 106. Associates will discuss the Negotiations, and to ag- mann. Herbert Greenman interned details of the competition, gressively pursue an internship or employment with their or at the Erie County District Atdistribute additional informaanother office while in school, torney's office while a student tion which may prove helpful in order to gain invaluable ex- and later served as an Assistant to participants, and provide an perience for and insight into District Attorney in the overview of Law Review organized crime section, membership. The competition one's prospective career. will be held at three different times over the coming months: during the mid-semester break, shortly after school resumes, and after the examination should check into those tor period. Registration will take by Andrey Koscielniak \ which you would be interested place in the Law Review office, i Room 605, between 12:00 and in working. 2:00 p.m. on March 14-16, April Earlier this month I attended 3. A Career Information Prothe New York University Law ; gram. I have sorted through 4-6 and May 12-14. The Buffalo Law Review is a School Public Interest/Public the material presented at the professional journal published SymCareers condensed it Service Legal Symposium and posium held in New York City. into a short talk which I will Without a doubt, it was the present on Wednesday, March most useful career information 7 at 3:30 p.m., Room 107. There program that I have ever at- definitely are positions tended. I am only sorry that available in the public interest geographic location prevented area, but the method for findSUNY/Buffalo students from ing them needs to be conbeing there. However, I took sidered. At the meeting on notes, picked up materials, and March 7, I will discuss the aptalked with employers about proaches suggested by the the Buffalo Law School. So far, panel speakers at the Symposium. these are the results. 4. Friends. In addition to 1. Job Postings. Approxmeeting employers who were have imately twenty positions with the SUNY/Bufresult of unfamiliar as the posted been comments made by- panel falo Law School, I met members or employers I met at employers who not only knew about Buffalo but were enthe information tables. brought back thusiastic about the school. I Handouts. 2. or Their support was based on descriptive literature publications from a number of having a SUNY/Buffalo organizations which are in- graduate in their employ, hearterested in making students ing about SUNY/B students in v< A' behavior," asserted Greenman. "You have to be a workaholic and egotistical." Practice Settings On Wednesday, February 22, the CDO sponsored another excellent Career Information Panel entitled "Practice Settings: How Law Firms Operate Within Different Structures." The first speaker was Timothy Leixner, a member of the Buffalo firm Jaeckle, Fleischmann and Mugel, who outlined the bureaucratic structure of his 55-attorney office and explained the hiring procedures conducted at U/B Law. Leixner stated that his firm affords newly-hired associates initial "flexibility" in choosing among its corporate, tax, labor, real estate, trust and estates, and litigation departments, but added that specialization is ultimately advised since it results in greater remuneration and the highest levels of expertise. In response to a question from the audience, Leixner said that there are no minority attorneys employed at his firm. Raymond Barr, a member of the 17-attorney Buffalo firm of Albrecht, Maguire, Heffern & Gregg, also stressed the need for specialization in today's legal job market. Barr, however, asserted that the "medium-sized" law firm such as his offers new associates . "broad exposure" to many areas of practice, and that some "overlapping" of that firm's areas of specialization is inevitable given its size. According to Barr, a student who interviews with a law firm should demonstrate both interest in that firm and concern for his/her long-term career goals by asking certain basic questions: (1) What kind of training/education does your firm provide a new associate?; (2) How long must I wait to be made a partner, and what criteria are used to determine offers of partnership?; (3) How fast is your firm growing, and what/ are its plans for the future?; and (4) How can I expect my salary to increase? The next panel presentation was given by Richard Cordon, a member of the Buffalo firm of Ange, Birzon, Cordon, Rosa and Zakia. The seven attorneys-three of whom are women-at Gordon's firm handle only matrimonial matters, each attorney having a "specialization" in one area of the practice such as motions and hearings, discovery, or trial work. Gordon stressed numerous advantages which the "small firm" atmosphere "meaningful offers: contact" with other lawyers in the firm, a "sharing of problems and expertise" within the office, "informal but fast" continued on page 10 Law Review Competition To three Be Discussed summer Public Law Careers Information Available and will be times a year by students over the judged for substance, writing ability, and form. The Law Review uses two methods to determine which candidates will be offered law review membership. Most offers are extended pursuant to the first method, by which the average score for each canresearch. didate's casenote is weighed Participation in the competition is necessary for Law equally with his or her firstyear grades. The casenotes of Review candidacy. Each competitor is referred to a recency the candidates who are not decided case dealing with an selected through this method area of law covered in the first- are then reconsidered as the sole criterion for Law Review year curriculum. The commembership —i.e., regardless petitor is given ten days to write a short (no longer than of the candidate's grades. eight-page) paper reviewing Since, under either method, a the facts of the case, identify- superior casenote can compening the important issues it sate for average or low grades, presents, and analyzing the the Buffalo Law Review strongcourt's decision. Each ly encourages any interested "casenote" will be read by student, regardless of many Law Review members academic standing, to enter the competition. of the law school. Its purpose is two-fold: to select and publish significant student and professional contributions to legal scholarship, and to provide students with an environment conducive to completely academic independent Wednesday, March 7th at 3:00p.m. Room 107 Audrey Koscielniak fromCDO will give a talk on Public Interest Legal Careers. Included will be a report on the aware of that group's existence. Although some of these organizations are not recruiting at the moment, you other divisions of their organization, or having attendan as Buffalo ed undergraduate. Public Interest/Public Service Symposium recently held at New York University. March 2,19 M Opinion - 3 �Up Before Dawn: by Marty Smalline At seven o'clock on the morning of February 21st, lights shone onto the bed of Tom McNulty of 21 Minnesota Avenue, Buffalo. He heard the sound of a voice calling out his name from within his room; it irked him from his sleep. Tom taken from his bed, ordered to dress, and led down was the stairs to the street where officers handcuffed him to a squad car. Meanwhile, Buffalo Police conducted a search of his possessions. Cars rolled by Tom in the early morning light, many slowing down in interest as he came into view. When the search was complete, the police took Tom to the Central Booking Station in downtown Buffalo. Does this scenario seem reflective of the last stage of a most serious investigation? Was Tom suspected of a narcotics violation or of possessing stolen property? No, the police did not raid Tom's premises in connection with a felony, or even a misdemeanor. He instead left the booking station holding an "appearance ticket" which read, "violation of Ch. 12 Sub. 39 City of Buffalo Ordinance; Limits of Height and Occupancy of Frame Dwellings." Tom had unknowingly violated a provision of this section which provides that "no living or sleeping rooms shall be located in the attic story.' At about the same time, several other student residents of the University District (near the Main Street Campus) faced similar treatment in similar situations. Tom may take solace in that the violation charged is no more serious than that of a traffic violation; however, Tom will not easily be consoled for the treatment that he received. One hour after Tom's release from central booking on February 21, he described the events that had preceded the early morning seizure, exposing an investigation of at least two weeks which closely resembled that of a criminal investigation. Tom described a visit by two women who had purported to be answering an ad in the paper for two rooms that were available for rent at his home. Dressed in casual attire and claiming to be University students, the women accepted Tom's hospitality, touring the home from top to bottom asking questions which Tom readily answered. As Tom was led down to the street on the morning of the 21st he recognized his female acquaintances, this time dressed in blue. Student v. "Residents" The first of a myriad of questions that must be asked is why Tom, a chemistry major at U/B, was seized in such a way for this violation. Shouldn't the Story of a Sunrise Seizure true responsibility in the University Heights district rest with the landlord, who provides an inhabitable attic for students who are unaware of legalities? A police spokesman had stated on television simply that the students must be gotten first, and from there the police would get the landlords. This evasive answer does little in indicating why students must be implicated to enforce the building ordinances of this when the landlord is clearly liable for providing illegal accommodations. The answer may lie irr the politics that provide the backdrop of the ongoing relations between University students and the permanent residents of the University Heights area. As the student community has steadily expanded, so has the conflict of interests between students and local residents regarding neighborhood living style. The gripes of the residents concerning noise and litter have often been voiced to the University District Councilwoman Rosemarie LoTempio, who is perceived by many students to side with the residents in implementing corrective policy for the area. LoTempio has publicly proclaimed that this enforcement is necessary for the safety of all residents of the area. However, the seizure of stuCity, dent tenants tastes of harassment by the city, which may Meanderings In Urgent Need of Therapy by Andy H. Viets It has come to my attention as of late that there are a number of issues affecting the state of the Law School which are being discussed at great length within these hallowed halls. Naturally, I therefore find it necessary to offer my own salient comments on these and other matters. 1) Undergraduates (whether they be found in our classrooms, our library, or our parking lot): Some approach this subject in a compromising manner, saying that it's not the fault of an undergraduate that he or she is such and that we should remember that just a few years ago we were in a similar state of existence. Others want nothing less than death by torture for these invaders from within (after a fifth trip around the parking lot in a futile search for an empty space I must admit that I have felt equally pernicious thoughts). All of this is meaningless, however, in light of a considerably more relevant there are question —If undergraduate students and there are graduate students, also then are there overgraduate students? If so, where are they going to park their cars after they're banished to the Amherst Campus? 2) Work-Study Funding .. Reductions: Everyone seems to be in agreement that this is a bad thing. Since I don't receive any such monetary assistance, though, I'll go on to more important problems 3) The Coffee Machine on the Second Floor: I appreciate Opinion 4 the machine's attempt to get me to kick my caffeine habit, but the situation is getting a bit out of hand. My estimate is that the beast eats one out of every four quarters I put into it. This recurrent failure of the machine to dispense my coffee is particularly disastrous on Friday and Saturday mornings just before my Estate Planning class begins. If I'm willing to get up for an 8:30 class, the least this place can do is to make sure that the goddamned coffee machine works. Actually, the least this place should do for anyone willing to take an 8:30 class on a Friday and Saturday morning is to have a pot of coffee waiting for him or her at the front door. 4) The Finals Schedule: With respect to this issue, I have only one comment for Schlegel and Co. —I have to be in California by May 28 so you best have the situation cleared up well before then, because I ain't stayin'. 5) Grades: The problem of how long it takes professors to get their grades out really only Q and post the damned thing. The "Socratic" Method: There has been an increased propensity on the part of my 6) professors lately to call on me in class when I have not raised my hand. I have a question about this—why me? There is not one legitimate reason for picking me out, but there are two good reasons for allowing me to remain anonymous— a) I'm just a shy, quiet guy who doesn't like the rough and tumble atmosphere of the classroom; b) I don't know anything. 7) The Response I Get to My Columns: I have noticed that when I'm put on page three a large number of people comment on what I have written, but when I am bumped to page four the feedback I receive is rather limited. This could mean that no one reads past page three of The Opinion. It could also mean that I deserved to be bumped to page four and your silence is indicative of that. Personally, I believe that I should be on page one of every issue, but the rest of the affects two categories of editorial staff of this people —those in danger of newspaper is not in concurgetting D's and those in danger rence. 8) Myself: I have a friend of getting H's. For the rest of us, it's just a matter of awaiting named Tom who, before the confirmation of our becoming a student of the law, mediocrity. It is a bit difficult, was a psychology major at though, to comprehend exact- Geneseo State College. It is his ly why the process takes as belief that I am in desperate long as it does. How hard can it need of years of therapy. He be to pick out the five to ten also offers the following adbest papers and give them H's, vice, with which I would like to pick out the worst three or four close—"There is no sense in and give them D's, and then buying a box of Captain give Q's to the remaining Crunch cereal if it isn't the eighty or so? In my case it's kind that comes with Cruneven easier —just give me my chberries." March 2,1984 wish to appear on the side of the permanent residents in their continual effort to protect neighborhood interests. Even if a justification can be found for such treatment of the students rather than of the landlords who provide such conditions, we must still ques- tion the severity of this treatment given the nature of the violation charged. Although a seizure and search in such a case as Tom's may suggest a violation of a constitutional right to due process, we may ask more narrowly, whether such police procedures are necessary for the city to enforce housing standards. In the days that followed the undercover discovery of Tom McNulty's "attic occupancy," no notice had been issued to him by the city requesting that the condition be rectified. This lack of notice is also indicative of a criminal investigation in which "the People" seek to catch the perpetrator "in the act." When asked what he would have done had he received notice of his violation, Tom stated, "I would have moved downstairs, there are of rooms plenty downstairs." When asked why he chose to live in the attic room, he reponded, "Because it is the nicest room in the house." How Much Is Enough After the undercover investigation, the Buffalo police surely had ample evidence to issue an appearance ticket for a housing violation without requiring actual seizure from the illicitly occupied space as conclusive proof of such a violation. The ticket could have simply been served at the Minnesota Avenue house during the day, thereby neatly concluding the investigation. However, the city chose to subject an area student to a frightful early morning search and seizure. This raises the important question of how those in the position to implement city policy order their priorities. Although the message may have been relayed that the city intends to seriously enforce its safety standards, Tom and the continued on page 10 Commentary- Double Standards & Political Propaganda by Randy Donatelli For a law school that prides itself on being free-thinking and intellectually tolerant, U/B Law sure seems to be falling far short of its self-proclaimed model. Again, I feel it is imperative to discuss the double standard that currently reigns over the ideologies within the Law School. The familiar theme can be called, for lack of a better label, Censorship by itself as being a haven for conservative and libertarian law students) have been openly ridiculed and verbally abused with the usual all-purpose accusation that such societies are "fascist". Perhaps this, conduct is not surprising in light of an examination of the roster of student organizations sanctioned by this Law School. It can be argued that, except for one notable apolitical student organization, all current student groups exist, to one the Left. or another, to prodegree In the classroom, I have all certain political and pagandize too often heard the booing and social beliefs. There is abwho exof a student hissing solutely nothing wrong with a presses a point of view not acgroup existing for this ceptable to the school's domi- student purpose. Similarly, it is equally nant and prevailing ideology. group Ridicule by fellow students is admirable for a student or provide to refuse to endorse bad enough, but when prothe airing of fessors openly ridicule a stu- forums for social political points of and dent the school's intellectual view. A society of non-liberal integrity is greatly compromisis perceived by ed. I refuse to mention par- law students to the ticular professors, but let me many as a threat of the ideological harmony say that they are a disgrace to respect to body. student With founa profession whose very of conserdation is encouragement of this new society libertarian law vative and of the unimpaired exchange students, only time will tell ideas. how tolerant this allegedly Given this deplorable state liberal student body and faculof affairs, it is hardly surprising ty really is. Continued slander that a number of the school's and ridicule of such alterbrighter students rarely par- native student organizations ticipate in classroom discuswill only reinforce the sion, especially in those stereotype of the double stanclasses taught by alleged "free dard that characterizes inthinkers". tellectual thought in our Am I correct in assuming school. that all students and faculty It is undoubtedly true that if provide to an Judge Bazelon were to speak hope unrestricted intellectual at- at the Law School he would be mosphere, one in which both given the undivided attention the Left and Right will listen to of all the students and faculty, each other and respect the and would be applauded by all other's views, or is the reality at the end of his address. Chief that the majority truly cannot Justice Burger probably would tolerate any challenge to its not receive similar "treatment; "absolutely correct" opinions? in fact, I question whether he Just the other day, I was ap- would be allowed through the palled when I heard that signs front door. Is this law school equal to advertising a meeting for a acthe challenge of tolerating innew student group were tually set ablaze while still tellectual freedom, for all of hanging on the walls. Members its students? Clearly, the jury is of this new society (which bills still out on this question. �NON-SENIORS d A/V el)) MARCH IS THE MONTH! -. ■ THE COMPLETE PACKAGE OF NON-SENIOR EARLY ENROLLMENT ADVANTAGES WILL ONLY BE OFFERED UNTIL MARCH __ **_ -w-^* s-*\ Since most of you will eventually take a bar review course, it makes sense to enroll now in BRC, the nation's fastest growing bar review course and receive early benefits. 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($5O to non BRC enrollees) T extra^B3cPl*ll msarino-josephson/BRC 10 East 21st St. KM. 1206, NY. NY, 10010 1£ 212/505-2060 F j| ■^TTtTTI K. ifUF " March 2, 1984 Opinion 5 �LAW SCHOOL MADNESS! EDITOR'S NOTE: Due to popular demand (two or three compliments came pouring in) and a steady supply, we are again presenting the Best and/or Worst of the odds and ends that people submit to us. £ /Vm S, [vi/HO Yet Another SBA Resolution / cfMJ F)Mu>£R THAT MS. MAftciSSA HAS A DOT fOlfil* TO POSSP? - / / UV° J7 EDITOR'S NOTE: The following was submitted on SBA letterhead. State University of New York at Buffalo, Student Bar Association SPECIAL RESOLUTION Opposing Patronizing Politicians: WHEREAS State University of New York at Buffalo, School of Law and Faculprudence has achieved great gains in making this a Marxist regime; and WHEREAS capitalist society is inevitably doomed to failure through the interaction of dichotomous forces; and WHEREAS the New York Stock Exchange, the American Stock Exchange, and the Over-the-Counter Stock Exchange have enabled Americans to cushion their bank accounts through capitalist measures; and WHEREAS it is presently raining in Cairo; and WHEREAS the interaction of capitalist forces has caused the entire industrial infrastructure of the United States of America, and the City of Buffalo, to crumble; and WHEREAS in the upcoming 1984 presidential election, the United States populace will merely be choosing between one rich capitalist and another; and WHEREAS social relevance is inversely related to karma; and WHEREAS people don't care; 0° THEREFORE BE IT RESOLVED that the State University of New York at Buffalo, Student Bar Association of the School of Law and Faculprudence opposes capitalism, because of its inevitable failure, the New York Stock Exchange, the American Stock Exchange, the Over,-the-Counter Stock Exchange, rain, the American democratic electoral system, social relevance, apathy, and patronizing politicians (Who do they work for?) and supports Martini Reality This is not intended to be a political statement. tDITOR'S NOTE: The Opinion extends congratulations to Mr Bozer on his promotion to Staff Member with the publication of this his third article. Now maybe he'll tell us what his third article is about by Alan ). Bozer The shallow waters prevent the boat to SriLanka from docking in Rameswaram. Instead, travellers must ferry out to it in small, open boats, often accompanied by cars resting on planks over their heads. Blue skies and a tropical sun, the screams of children ashore begging stamps from far-away lands. On board the ferry, a stores small library Wodehouse, with stories of Jeeves and a lifestyle far removed. Our correspondent on the shores of Tamil Nadu has recently informed us that the ancient Anglo right of usufruct has survived the controversial land law reforms of that area. S. Venkatachalam, author of Lease of Usufruct and Cultivating Tenant, 148 Madras L.J. 24 (1975), tells the tale of profits and avails. The current 6 Opinion confusion arises in the context of tope, that peculiar produce of the subcontinent. The question, as the author so eloquently points out, is whether "the object of taking the tope is only to enjoy the usufructs and nothing more." 148 Madras L.J. at 25. Lease or license, ponders our learned colleague, and that is a question asked by in- numerable generations stretching back to the misty shores of Cornwallshire. In Kentshire they call it usufructkinnder. We look forward, from our lofty scholarly vantage in the Amherst swamps, to the resolution of this matter. Its import is clear: should "a lessee in respect of cashewnut ... be certainly a person engaged in cultivation' .. then many tomes on topes must be tossed." Years from now, readers on the Sri Lanka ferry wilr look back to these times and . wonder. March 2, 1984 Corne Poetry by Victor D'Angelo Law Review Law Review, Law Review, I worked so hard for you, but you only took a chosen few. Every day, I drove all the way, to the Hofstra Law Library. I mailed it on time, and I didn't mind, that I waited all summer to hear. But you finally said no, And I couldn't go, to the wine and cheese reception. �/u/HX THB WZU. I AtJSuJCR f\ I \ ( v9ty t RES Port** g, y&ITX vxN Q(J£STic*/?/\- i j*°f_* Y~" Die TO M«. \ c " oo c Hfl SamW>£*s) DAY'S DOWN. EIGHTY-FOUR TO GO!! TOO MANY North of the Border gwsi'r SIMPLE knou) uiHfliT yoo'fe ioo doh%t New Waves** crowd, most of the clientele sports the latest in New Wave or Goodwill fashion The more Buffalo bar culture goes by its own time standards. outrageous you are, the more Nobody goes out until 10 p.m. you blend in. You can spot the The cool people are hitting the tourists not so much by their bars by midnight, and prime outfits, but by their pocket Intime arrives between 1 and 2 stamatics. The Twilight Zone has no a.m. Last call comes about 3:45, and you're on the road by last call, since it has no liquor license. This club, on the se4. If you venture north to cond floor of an old Toronto, be prepared for a new warehouse, doesn't open until midnight and doesn't close unset of standards. Bars stop serving alcohol at 1 a.m., which til 8 a.m. The place is packed pushes everything back a cou- with hundreds of people the ple hours. It's acceptable to be first few hours, and at dawn a at a bar at 9 p.m. Bands are good number of them are still already into their final set by there dancing away Don't ask 11 or 12, about the time Buf- me how many make it out the door at 8. falo bands are tuning up. at The Twilight Zone features a on Toronto in What goes 1 a.m.? Unlike Buffalo, where huge dance area and video last call means Mighty Taco screens showing everything time, Toronto nightlife gets its from Betty Boop to "Car 54 second wind when the alcohol Where Are You?" It also offers stops flowing. It's time to head coed washrooms, an occasional fashion show, break for the after hours clubs. After hours clubs have a dancers, and a great view of somewhat seedy reputation in the CN Tower from the fire Buffalo. Known for gambling, escape. There's a lot to be said for prostitution, and heavy drug action, they are the subjects of the after hours Canadian alterfrequent police raids. "After native. The early last call hours" has a whole different eliminates the obnoxious connotation in Toronto. After drunk element that proliferates in so many American hours means dancing. Two of the current hot spots bars during the early morning in Toronto are The Domino hours. With no alcohol conKlub at Yonge and Dundas, sumption, there's virtually no and The Twilight Zone near the wait at the washrooms. And corner of University and Richsince most people are dancing mond. New Wave fashion rules instead of sitting around, supreme at these clubs. you're not engulfed in Dancers are fed a steady diet cigarette smoke. These places don't make of electro pop, funk, and new music—anything with a dance money at the bar, so they get you at the door The cover beat. After the 1 o'clock last call, charge is $3 at Domino's, $8 at the center of activity at the Twilight Zone. With the CanaDomino shifts from the small dian exchange at between bar area to the dance floor. 20-25 percent however, that's Why sit around paying $1.25 not totally out of line If you for an orange juice when there can live without alcohol, the is serious dancing to be had? only real disadvantage of these Although you can see some clubs is that they're 90 miles preppies and blue jeans in the away. by )ud Weiksnar .. Photos by Kathy O'Hara March I, 1994 Opinion 7 _ » �U/B Hosts Seminar On Adversarial Ethics continued irom pane! Establishing Client Trust Professor Freedman stated, "The most important issue is confidentiality because it goes through the heart of the attorney-client relationship. One of the first duties of the lawyer is to establish a relationship of trust and confidence with the client in order to be able to sort out the facts. If the client withholds information, the lawyer can't represent him/her properly under the Sixth Amendment (the right to counsel)." According to Freedman, because our society is so complex and because rules, no matter how fundamental, are ambiguous, not even an informed individual can serve his/her best interests without professional assistance. Since it is important for lawyers to discourage their clients from wrongful conduct and to give them the best advice, the relationship of trust and confidence between the attorney and client is essential. This confidentiality and trust can be traced back to the adoption of the Canons of Professional Ethics by the ABA in 1908 Although they were strengthened in the 1928 and 1937 amendments, the Canons still contain inconsistencies. In 1969, the ABA promulgated the Model Rules of Professional Conduct, which are enforced in most jurisdictions in some form. However, Disciplinary Rule 7-1O2(BXD provides that a lawyer must his/her client to rectify among the several jurisdictions Ed to the court. "It throws the any fraud committed upon the are further exemplified by the burden on the client to court or a third person, and if District of Columbia's rode, distinguish between the relethe client does not, the lawyer which dropped (he remainder vant and irrelevant, the imporurge of the phrase starting with tant and unimportant, the in"and if" so that the attorney is criminating and noninthis DR, also known as the under no obligation what- criminating," Freedman aversoever to reveal any fraud red. Accordingly, the ABA has "blowing the whistle" clause, js inconsistent with committed by the client other denounced the second role Canon 4, "A Lawyer Should than urging the client to rectify because it puts the burden on the client rather than on the atPreserve the Confidence and it. "This problem is serious," torney, whose job it is to sort Secrets of a Client," since a such information. lawyer cannot hear all that the emphasized Freeman "It will out client must tell him/her for ef- affect your careers by disbar- However, Freedman stated fective counseling, keep the ment or malpractice suits that under the ABA Model confidence and trust of the There are too many incon- Code, the attorney would be client, and tell the court of any sistencies. If your client com- required to reveal fraud by the improprieties on the part of mits perjury, you must main- client unless he/she utilized a tain the confidence of the lawyer-client Miranda warning the client. client even though you are to the client to deter him/her In order to correct this problem, the ABA House of also an officer of the court and from revealing incriminating Delegates in 1974 added the owe it candor, honesty and evidence. This would impede the trust and confidence of the phrase, "except where it is a frankness." privileged communication." A year later this was defined as your perjury, including secrets and anything that would embarrass the must client. These later amendments effectively changed the whole meaning of the provision. court The New York State Bar Association, in "The Lawyer's Code of Professional Responsibility," further broadens this Developing Intentional Ig- attorney-client relationship. norance "These rules treat the client exception because it refers to From this, Freedman as a non-client, and makes secrets or confidences. It thereby shows no obligation iestablished two possible representations by the aton the part of the attorney to models of the attorney-client torney less effective. To adopt reveal any such fraud, said rrelationship. One is the tradi- this would violate certain conFreedman, and threatens the ltional model of confidence stitutional rights," stated s trust. The alternative is the Freedman. Some of the rights attorney with disbarment if and s or "intentionally ig- Freedman referred to were the there is a breach of con- selective, norant," attorney model that right to trial by jury, the right fidence The inconsistencies in codes tells the client he/she should to counsel, and the right to of professional conduct vwithhold certain information confidence under the Fifth and tthat otherwise must be reveal- Fourteenth Amendments must reveal such fraud Freedman pointed out that "// you client commits maintain the confidence of the client even though you are also an officer of the and owe it candor, honesty and frankness." ' r '' Student Bar Association Position Available for Second Year Director to serve for the remainder of the 1983—84 term Interested second-year students should contact Greg Phillips or Judy Olin for the Fail semester have arrived. Please come down to the SBA office and claim your long distance personal calls to save us the trouble of chasing after you. The Finance Committee Once again, the official Law School hockey team, Advocates on Ice, has skated to a victory. By a score of 3-1, Capt. Al Bozer's heroes showed the backs of their blades to a motley group of undergraduates, the Ice Pickles. "After they trashed our vending area, occupied our carrels, and scrawled graffiti on our bathroom walls (covering up our own), we thought we'd better teach them a lesson," said Capt. Al. Qpinjgn /ygwch A2,j!j<ty- evidence about the client would effectively convict the client before the trial. Overseeing Prosecutorial Conduct Professor Freedman ended his presentation with the discussion of another important problem that the ABA rules fail to amend: the absence of disciplinary rules for prosecutorial conduct, "one of the worst abuses," according to Freedman. "There is practically no disciplinary action for prosecutorial misconduct, just a reversal of the criminal's conviction by the disciplinary board." Prosecutors serve dual roles: in the interest of justice (not just to convict) and as an adversary, said Freedman. They are in a special position with" enormous powers and discretion under the color of law; they have no clients; the rules relating to prosecutors are wholly inadequate. Because there are not enough rules on ethics for prosecutors to follow, there is too much reign and not enough discipline. Following Professor Freedman's presentation, a panel of Western New York attorneys added to the discussion by presenting their viewpoints on the merits of the ABA Model Rules of Professional Conduct. Indeed, it appeared to'this reporter that the Advocates were never better prepared for a game than they were foe this one. Playing to an almost SRO crowd, our legal representatives hustled up and down the ice. "We had moral victories last year," said stalwart defenseman Adam ("Nice Guy") Wekstein, "but here at law school we've since learned what they're worth." Others echoed the same ferocious will to win. "Morality is for the birds," right winger Bob ("Shoot it!") Spagentahl said. "I competed in the Desmond." The three goals were scored Jim Navaugh, Brian ("Gosh") Dennis, and rookie sensation Lee ("Lighten up, Francis") Smith. Only one goal got by the defense, and that one on the power play. "Superb defense," said goalie Sterling Nets Grue. "And this time even Ira Hecht came back from the red line." Center Ira Hecht assisted on two goals as well. by Research and Writing Classes Commended, Criticized I energies to their Research and scheduled formal classes for a spring semester does not large portion of the semester. Writing classes. Also, instead of handing back The Opinion has learned individualized comments on that some instructors have not student memos, one instructor handed out a general comment consisting of one paragraph of common criticisms applicable to all of Does it Better, the students in his section. In the words of one student in Faster for Less! this class, "I don't think Resumes Professionally clinical instructors are as good Typeset & Printed as TA's." Briefs A Writing When asked to comment on Samples Copied 'the situation, Olsen stressed that the "second semester of ALSO: Research and Writing has Posters Flyers never been a classroom exBrochures perience" and he added that Tickets the way to teach good writing Bus. Cards Letterheads is through general comments. Envelopes H<> noted th.it TA's in the past often concentrated too heavily 1676N. F. Blvd. 3171 Main St. Amherst Buffalo on the student's grammar and • •• • •• • 834-7046 8 criminating Advocates on Ice Triumph continued irom pane The SBA phone bills which provide for no deprivation of life, liberty or property without due process of law. To allow the attorney to reveal in- 835-0100 necessarily call for formal classes, but instead concentrates on "small group meetings, individual supervision and free time to undertake and successfully complete the demanding research assignments." Olsen insisted, "Particularly in light of the fact that this is their first attempt to teach the material, the six clinical instructors are providing exemplary skills training for the first-year students." A third reason was cited by one former TA, who asked not to be identified, for having students teach both semesters of Research and Writing. "It's unfortunate in <i school where there is so little direct funding to law students, that (he clinic decides to augment staff sentence structure salary by taking away money Olsen further noted that the from students," she asserted. �ta/fen t BAR REVIEW PRESENTS A FREE introductory lecture by on New York Practice and Procedure (CPLR) Saturday, March 3, 1984 11:00am v — 1:00pm Room 108 J ALL ARE WELCOME For those interested in continuing the lecture series, four 4-hour sessions on consecutive weekends in March will be offered at a total price of $45 for BAR/BRI enrollees and $95 for nonenrollees. Anyone with questions should contact Tracey Kassman. The BAR/BRI course, in preparation for the March 16th MPRE examination, will be offered twice: - Sunday, March 11, 12:OO 6:OO pm and Wednesday, March 14,5:OO 11:OO pm - The course is FREE to all BAR/BRI enrollees, with a deposit of $75, fully credited towards their BAR/BRI tuition and includes: • 4 hour lecture • 2 hour practice testing • MPRE book and outline materials Preregistration at table until Friday, March 9,1984. i^^QjU^Ort 401 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 March 1, 1984 Opinion 9 �Gay Law U/B Law Alumni Magazine Underway Students Org he will use the Law Forum to on student activities such as highlight faculty members' urge alumni to hire U/B moot court, commencement, professional activities outside by Martha Beach Associate Dean and Career Development Office Director Alan Carrel has been thinking about increasing placement opportunities for U/B Law Students. He has also been thinking about fundraising. One of the solutions he's come up with is an alumni magazine Called SUNY U/Buffalo Law Forum, the magazine will be issued semi-annually. The main purpose of the Law Forum is to keep alumni involved with the Law School. Carrel believes that by maintaining close ties with alumni, fundraising and placement opportunities will graduates first. Small and the activities of various of teaching and and any new medium-sized firms are the student organizations. Carrel classes being offered. primary targets of this push; unlike larger firms, these firms don't make a business out of hiring, but hire only when the need arises. By keeping the lines of communication open, Carrel hopes that these small and medium-sized employers will turn to U/B first when searching for new associates Part of Law Forum will be devoted to law students as well. The magazine will focus Funding for the magazine that alumni are come from the U/B Law will student by impressed participation in extracurricular School Alumni Association activities He points out that and from the proceeds of many of the alumni will have fundraising. Carrel hopes to once participated in the see the first issue of Law Forum organizations being featured, published by late )une. and will* derive a sense of According to Carrel, any good involvement from reading school should maintain ties with its alumni, and a about them. Law Forum also plans to magazine such as the one -focus on the faculty and planned at U/B is long alumni of U/B Law. It will overdue. asserts Practice Perspectives. . . improve. continued from page 3 if According both the new the Buffalo Legal Aid Society competitive and specialized alumni stay in touch with the training for stresses Bittner, Law School, they are more apt associate and veteran lawyer upon graduation from law legal market, must actively law, school, new areas of the and but and "network" decided to start his to make contributions to it. in and market skills in the "instant achievown his/her gratification" practice because it ofwith fundraising One problem be will community. ed a There in "If personally handling many advantages. fered now occurs with alumni who don't live in Buffalo. These case from intake through you like variety, and like the those "paycheck-less weeks" idea of being answerable to both at the start up of your alumni never hear from the resolution. "There is always present yourself and of deciding solely practice and in between Law School except to receive an occasional letter asking for that entrepreneurial compo- how to approach a client," clients. "You trade off on security money. Carrel believes that a nent," claimed Cordon. "If you then going solo may be for when you take the risk [of gopublication which keeps can attract the clients, you can you, advised Bittner. ing solo]," asserted Bittner. alumni up to date on current break the bank " Bittner shares office space, "But if you are self-competent Law School affairs will make rent, secretarial staff, a copier and independent, aren't afraid Going Solo those receiving it more machine and a library, with to dig into the law, are a quick Attorney Bittner, S. at Gary sensitive to the needs of U/B the two other attorneys, but "most learner, and can deal with Law, who last on spoke Law. placement February 22 agenda, is a solo importantly, we share ideas." crises quickly and with As for says that general practitioner in Buffalo. The sole practitioner is at a pressure well, then going out Carrel opportunities, Carrel, to Bittner was first employed at disadvantage in today's highly on your own is ideal." Adventures of Empire's SuperSaver Empire Airlines' Collegiate Defender of Low Airfares, Champion of the Student fa■ STATE HIGH ABOVE THE C/HFIKeI I WITHOUT DISCOUNT \\ SUPERSAVER FLIES ig^DeAN, WE MUST CLOSE HESEKVATIONS THERE'S 1 FXOM HIS RETREAT, W POWN THE SCHOOL ANP HIS MOUNTAH IN TELLING WHETHER I HIS FIRST STOP. I INO THEY'LL MAK£ /r / THE DFANS OFFICE, I SVJ»Eft- HAeRIEL EMPIRE* mJ*Z,Zr laum'n ■[ww« "*"""■'• ■ >^ iMMtE SAFELY? \ r^^^ | rwe evil swim ettcAK I\T T**»e. PER/OP «OWN kSk\ us. we must MotiLizE reil/i PISCOUVT RESERV4TIOJO i,<^fV~ I%F, F!i£TLJ2!825£i mwwoc Vjr^ witt wt HO \ \^»iu "^"-/. -f>-9CVj UPSTATE U. I g SENP Ait WE STUPEHTS TO THE BAKS WITH THE UNIVERSITY'S ENOOW- ft PSF \Jy7T ¥% "twht c<vy all , tKeseKvnrroi*3! v<>» R f^J v Mt*t£ J^fe^^ 11V^~/"^ lf; X V^^^Jr^l lIF we pont srr TWEse f TWEY'i.I. SE PAY/NO I I but I SAVE* supcrsaver, I how^J S^ BOOKING Poetry by Victor J. D'Angelo slaway, Open Rosy they Oh, They Buffalo, anyway. Liberty heinous, up, says downtown, you. ekepe here give Buffalo, you Open say, bring you away, get up, any Steel, do, ground. my me, lip, away door, There's Go Your Buffalo's it's all If knock the is to Liwhat Bethlehem from crime need them to Raids little has 4th in knock Go Probable and is also Amendment to at finest. to of the them Dawn at the let Cause most a are come a more. run me Raids at Dawn There's a knock at my door, Go away, Go away, let me sleep a little more. Your crime is of the most heinous, Open up, Open up, it's Buffalo's finest. Rosy says bring them all downtown, If they give you any lip, knock them to the ground. Oh, the 4th Amendment is here to say, They need Probable Cause to come in and get me, anyway. Buffalo, Buffalo, what are you to do, Like Bethlehem Steel, Liberty has also run away from you. P+OTO by discrimination ordinance for Buffalo. Future plans include having attorney William Gard- ner speak on his recent Supreme Court case involving gay rights: N.Y. v. Uplinger. GLSO will be participating in the SUNY Gay Conference to be held at our campus this March by providing speakers and workshop leaders. In addition to the special events mentioned, GLSO co-sponsors a coffeehouse every Friday night on the Main Street Campus. Information on all events is posted in our office in 118 O'Brien. Raids. .. continued irom page 4 other students who were similarly treated cannot help feeling that they have been abused, for their individual violations could have easily been enforced in a peaceable manner. One is hard pressed to rationalize the personal anguish that these students have undergone on behalf of the city's declaration of committment to the safety standards embodied in their housing codes. WORD PROCESSING — Joan Waisala GLSO is open to all law students who share a belief m civil rights for all persons, regardless of sexual preference or orientation. This past semester, CLSO staffed a table at Orientation and held an Open House for new members. In October, we assisted the graduate and medical students in forming their own gay organizations on campus. Mayor Griffin's derogatory comments about the Buffalo gay community resulted in GLSO co-sponsoring a panel discussion on police harassment which was attended by over one hundred persons and covered by two major networks on television. In November, SUNYAB was the only law school represented at a meeting with the Governor's aide concerning the Executive Order issued prohibiting discrimination against lesbians and gay men by state agencies. This term GLSO is participating in a discussion with local judges concerning the legal problems faced by the Buffalo gay community. We are also meeting with the city's Human Rights Commissioner work on a nonto - TYPING IUDG Your Future Can't Wait Much Longer It's time to start preparing for your career after I t y^=ifi(lW-"rr^^ Sfflßn*s% \ONiMfW! ■n A&£&%™£t!'tlZZ? ToajrV^EßAZr* y>_^ I IMmuSw /^■^ y~i Ty Wjk ~~^^*^^ —C!^^ I Fly hotiMT this spring break on Empire to UKiu.rdU Boiton. H-rtford, Newark. Mlp. Washington, "*»• Pteln., Baltimore, Buffalo, Rochester, SyraCUS#, Blnghamton, Elmlra, Ithaca, Utlea/Rome, and 9Ken~dy. law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when-editing drafts 16Typeityles <t Symbols to Choose From Repetitive Work at Reduced Price* Xeroxing, Printing, Bulk Mailing Printed to Look like Types*l Or Typewritten Pick-Up All Work Guaranteed for Reservotlons oiid Informotton coll BQO-962-5665 or your Travel Agent 10 Opinion March 2, 1984 — * Delivery Available Call Proto-Type 883-3348 Ask For Randy �Olympics Roundup U.S. Broadcast journalists Lacked Objectivity by Eric Turkewitz With the onset of the XIV Olympic Games, it was imperative to find a suitable means of communication to link up Sarajevo, Yugoslavia with my living room. With only a battered late 60's black and white idiot box to watch, my roommate and I committed $20 for the two week rental of a 19-inch color television. This was done in order to satiate our normally infinitesimal television cravings, which had grown exponentially with the pending Olympics. Herewith are some random thoughts on the Olympic broadcast, the athletes, and the games TV sports journalists. I didn't need ABC cheerleaders in order for me to whoop and holler for the United States team. This can do on my own. I And while it is true that Dick Button is the epitomy of Olympic figure skating, and I couldn't tell a double axle from a flying camel without him, I didn't need him and his colleagues constantly extolling the endless virtues and greatness of American athletes. What was needed was at least some pretense of ob- jectivity. The broadcasts would have been more informative and exciting if they had allowed the natural drama of an Olympics to unfold on its themselves. own. Thus, when the U.S. Despite the hailing of Roone hockey team did not live up to Arledge as the dean of broad- the dreams of the press and did cast sports, he did a pathetic not fare favorably in the endless 1980 comparisons, the job with the focus of the ABC- On Olympics Hype, Heroes, and Hockey by Joseph Galvano The Olympics have come and gone but the miracle never arrived. Thanks to the American Olympic Committee and ABC, the American public was lead to believe that the U.S. Hockey Team would repeat its 1980 performance. Indeed, due to all the preOlympic hype, the public believed it was the team's manifest destiny to defeat the godless, red slav horde in a holy war for Christendom and Coca-Cola. Our boys represented everything clean and pure in Ronald Reagan's America.They were "America's Team" and were invited to endorse everything from coffee to kitty litter. As the Olympics approached, the pressure on the hockey team increased. Constant reminders of the 1980 games were thrust upon both the players and the public. Comparisons between the teams were, of course, inevitable. The public was told that this team was faster, stronger, and shot better. If the 1980 team had the element of surprise in its favor, then this team had talent on its side. Although ABC portrayed the team as the Second Coming, someone forgot to tell them that they were invincible. Their pathetic performance against Canada emphasized their age and inexperience. The key line of LaFontaine, Olczyk, and ) ensen nicknamed the "Diaper Line" averaged a mere 18 years. Yet, despite their shortcomings, they were expected to compete against the cream of international hockey and win the gold — medal. — ABC bombarded the public with reminders of the 1980 "Miracle On Ice" in order to increase viewing interest. This strategy obviously backfired when the team collapsed so quickly. With nothing to use to fill the void left by the of the Madison Avenue I cannot help but feel sad for the individual athletes. So often the artist or player must suffer from the over-commercialization of an event. In the case of the hockey team, their downfall began when the medals were placed around the necks of their 1980 predecessors. The novelty was gone and everyone was ready for them. The Canadians and Czechs knew better than to take them lightly and, most of all, the American public expected them to win. The Olympic Committee did its best to hype the team, but it succumbed to a bad case of nerves prior to the start of the games. Fearful of losing the key opening game to Canada, they protested the eligibility of several members of the Canadian team, claiming that they had signed pro contracts and were therefore ineligible. The Canadians responded that the players, having appeared in fewer than 10 NHL games, retained their amateur status. The International Olympic Committee ruled against Canada and disqualified two Rather than players. disheartening the Canadians, this move seemed to give them a boost. They played with spirit and confidence. The Americans, on the other hand, seemed tentative, fearful of making a mistake. After the collapse, the inevitable finger-pointing began. The most likely candidate for blame was the coach, Lou Vairo. He, like the rest of the team, suffered from comparisons with the 1980 squad. Vairo obviously was no Herb Brooks, it was said. He couldn't even get the team into the medal round. In reality, there was no individual who could be blamed. The team was a victim of media hype and not a lack of talent. Many of its members will undoubtedly enjoy excellent NHL careers. Hypsters, foundering hockey team, the network lost viewers who However, thanks to the Hypsters, preferred to watch sit-coms in- Madison Avenue the always carry as will they stead of such esoteric sports that team being the stigma of luging. lost the gold medal that should Although this writer is tempted to smile at the misfortune have been won. ABC focus should have naturally shifted to the Canadians fighting their way to the medal round, journalistic focus should be on the competitors, not which country is winning more medals. The broadcast "journalism" of local announcer Clip Smith did not help my Olympic viewing either. He had the brilliance to announce the U.S. medal in pairs figure skating in the middle of the competition on a local news brief. He was promptly flooded by angry calls. There was a bright spot to the Olympic coverage. Howard Cosell was not there. nics seek to find individuals who can be faster, stronger and better than anyone before them, it also emphasizes the friendly competitive spirit among athletes of different nations. It is better to compete and come in last than not to compete at all. To all those athletes with no medal expectations, there is no thrill of victory, only the more important thrill of competition. Crazy Lugers After extensively viewing these events, normally seen only on Wide World of Sports, I've determined that lugers are the craziest of the lot. Now I liked my trusty Flexible Flyer as much as the next kid, and I would never criticize an individual for playing a kid's game before millions of viewers—{that would be jealousy)—but hurtling down a tubeof ice at seventy miles per Then there are the athletes hour is meshugenah. These who had legitimate medal folks must have flown off their sleds as little tykes and hit a hopes who still found the biggest thrill to be competition, tree head on, and they've been with winning secondary. Peter trying to regain that old form Caruthers, skating with his ever since. To compete in the Winter sister in pairs figure skating before a boisterous pro- Olympics, one must devote* Athletes' Attitudes American crowd at the Zetra thousands of hours to practice The jdumalists did manage Arena, said of the wild cheerskating, fly record distances to capture and convey the ing, "To heck with the marks, through the air on wide skis, Olympic attitudes of the wide we just came over to hear run exhaustively through the spectrum of athletes attending that." snow on skinny skis, or try to the games. On one extreme propel one's body down a was Rosalyn Sumners, U.S. the events sheet of ice at foolishly inFinally, figure skating silver medalist. themselves leave me wonder- credible speeds. The serenity Along with her skates, she ing about the sanity of the and security of a legal career is brought her parents, siblings, human race. Who is crazier: clearly and logically a boyfriend, two coaches, and a the luger, the bobsledder, the preferable way to spend one's sports psychologist in her pur- ski jumper, or the downhill life. Nevertheless, and consuit of Olympic gold and a fat racer? One kamikaze after trary to all the logic I've learnprofessional contract. Despite another appeared on my ed, despite the egos and my staunch patriotism, I screen, ready to defy death in ruthless competitiveness of somehow did not feel too sorry pursuit of glory. At least the some athletes, and despite all that she didn't win the gold. cross-country skiers kept their the problems inherent in any On the other side of the feet on the ground, as did the Olympic games, I would give spectrum was the entire Puerto figure skaters for the most anything to be able to comRican team. One' man and his part. (I still don't know why pete in them. Even if.tbe only luge. He came in dead last. skaters don't get sick.from all way was on a luge. I'd just drag my feet. While it is true that the Otym- that spinning around.) PASS WITH PIEPER The Pieper seminar is now the "hot" bar review count in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word - ask our alumni. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 LIMITED ENROLLMENT March 2, 1984 Opinion 11 �for those students who are serious about a Bar review course. For all 1984 graduates who register with BAR/BRI, there will be a SSO DISCOUNT off the regular course price. For ail 1985 &1986 graduates, there will be similarly a $175 DISCOUNT off the regular course price. The discount deadline has been extended! Sign up at the BAW BRI table by depositing $5Q • Sure we give you great Books that many students have found valuable for law school course study. • Sure we give you the most supplementary materials during the course (condensed outlines, mneumonic devices, practice tests and essays graded personally by New York lawyers). • Sure we give you the most course locations in New York State, as well as throughout the country (enrollees may transfer freely). • And sure we give you the best pizza & beer, coffee & doughnuts. But ask those who have taken the course and they'll assure you- BAR/BRI has the most capable lecturers. You'll realize how important that is when you're studying during those 6 weeks, 5 days a week. And if you're not taking BAR BRI then, it will be too late. V^'V^/L/REVIEW BAR M 401 Seventh Avenue, Suite 62 • New York, New York 10001 • (212) 594-3696 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-03-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/2/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:52:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3cd866a055df450c67aa8548944935a0.pdf fed021214f89fa3210ab8630191994c9 PDF Text Text Vol. 24:8 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 15,1984 Law Society Joins With Human Rights Group by Chrys Vergos The International Law Society is pleased to announce that it is now working in conjunction with the Western New York chapter of Amnesty International. A.I. is a worldwide voluntary human rights organization founded in 1961 as a result of an appeal launched by British lawyer Peter Berenson to organize practical help for people imprisoned due to their political and religious beliefs or because of racial or linguistic prejudice. Today Amnesty International can claim a membership of over 100,000 persons in seventy-eight countries and national sections in thirty-three of them. The work of the organization centers around the detention, torture, or killing of those persons termed "prisoners of conscience." These are persons, the world over, imprison- ed due to political affiliation, color, language, ethnic origin, or religious belief. Amnesty International's approach to solving this widespread problem had been to promote the implementation of universal human rights principles not only on the level of governments and international organiza- tions, but also through the concerted action of committed in- dividuals working in small local groups. Through its developed network of members and supporters, A.I. attempts to mobilize public opinion, works for the release of prisoners of conscience, protects their families from hardship and seeks to improve international standards con- munist Party (UCP). Gesto's name appeared on an Armed Forces Communique of April-1979, listing the names of persons arrested and officially charged with membership in the UCP. The details of his trial proceedings, if any, are not cerned with the treatment of known. However, Gesto was prisoners and detainees. At sentenced and today remains present the Western New York in detention at the EstableciChapter sponsors three miento Militar de Reclusion, prisoners of conscience: an No. 1 (Penal de Libertad). Uruguayan, a Soviet, and a Sergei Kovalov is a Soviet Moroccan. research biologist with more Andres Gesto Gonzales was than sixty papers in detained by government of- mathematical biology and ficials in early 1979 during a genetics to his credit. In 1969 purge of trade union activists he was forced to resign his and suspected members of the position as a senior research outlawed Uruguayan Comofficer at Moscow University due to his founding membership in Sakharov's Initiative Group for the defense of human rights. Kovalov was arrested in December 1974 for admittedly circulating copies of the sixth floor to another; the human rights Chronicle of the Documents staff, meanwhile, Lithuanian Catholic Church. He is in the process of moving its was subsequently tried a year entire collection to the newlylater and sentenced to seven cleared stacks on the sixth years imprisonment in strict floor. regime, corrective labor camp When construction begins, and to three years internal exempty stacks will be removed ile. The first part of his from sections of the fifth and sentence was served in Camp sixth floors. The Koren Center's 36 in the Ural region of Perm facilities will be constructed in under reportedJy severe the old Documents area, and a punitive conditions; his term of Construction to Begin Soon On New Library Facilities by Ray Stilwell videotaping of conference-like negotiations. The existing The metamorphosis of the Documents office will be emplaw school's Charles B. Sears tied and converted into a viewLibrary has begun. By the time ing room, and will also be the dust settles later this year, usable as a videotape studio. the library's fifth, sixth and Across from this office, along seventh floors will have entire- the wall of the building nearest ly new looks. Library officials to the parking lost, will be are uncertain, however, of playback rooms for video when the dust will begin or end presentations to be viewed. its settling; no one knows exGibson said the Koren gift is actly when construction of intended to empnhasize the new facilities on the fifth and "practical and clinical dimensixth floors is to take place. sions" of the school's curAccording to Ellen Gibson, riculum, and to take advanAssociate Director of the Law tage of such new technologies Library, the renovation of the as video. fifth floor will center around The Koren Center has been the "Koren Center" for Clinical in the law school's plans since Education. This Center, funded last year. Dean Thomas E. by Law School alumnus M. Headrick announced at the Robert Koren, Chair of the U/B 1983 Commencement that Council, will be located in the Koren had made the gift to area now occupied by the enhance the school's clinical library's Documents collec- education program. Specific tion. plans for expanding the The Documents department library's audio-visual facilities will be moving to larger have exisited for more than quarters on the library's sixth two years, however, and the floor, and construction of an ultimate expansion to the office on that floor will begin seventh floor was conat about the same time the templated since O'Brian Hall Koren Center facilities are conwent up. structed. The foreign law books once located on the What's Happening Preparations for construcsixth floor have been moved to the seventh, and the "Cases tion got under way last year, and Points" and briefs which when students from the Cironce cluttered the seventh culation Department began floor have been removed. clearing the little-used state Gibson said the renovations court materials off the seventh would not affect the lower floor. These materials had three floors of the library, and never been part of the library's she also said that the new permanent plans, but were facilities would not reduce the placed there on behalf of amount of study space downtown court libraries for so long as all parties concernavailable to students. ed wanted them there. Late The Koren Center last year, students moved the The Koren Center will form library's foreign, comparative, an extension of the Audio- canon and conflicts law collecVisual Department already tions from the sixth floor to the located on the fifth floor of the cleared space on the seventh. library. In place of the In recent weeks, they have Documents stacks on that been completing the preparfloor, Gibson said, will be taiton by transferring the "three small interviewing-size library's international collecrooms," to be used for tion from one section of the continued on page internal exile is currently being served in Magdanskaya Oblast in easternmost Siberia while Kovalov continues to suffer from increasingly deteriorating health. Said Asghen, a high school history and geography teacher, was arrested in December 1975 in the town of Oujda in northeastern Morocco. After eight months of incommunicado detention he was transferred to a penal facility in Casablanca and held there until his trial in February 1977. Asghen was sentenced to twenty years imprisonment for his membership in a radical socialist organization, les Frontistes, a coalition of several political groups that sprung up in Morocco following the banning of the communist party in 1960. Direct contact has been established with this prisoner. The next meeting of the WNY Chapter of Amnesty International will be held on Thursday, February 16, at 435 Tacoma Aye., Buffalo, at 8:00 in the evening. Anyone interested in working with the chapter or in simply learning more about the work of A.I. is urged to attend. Additionally, information on Amnesty Internaitonal is available in the ILS office. continued on page 10 J> Exams Schedule Still Not Final by Wendy Cohen The University is attempting to move undergraduate classes out of O'Brian Hall during the week of April 30, so that Law School exams can take place as scheduled, according to Vice President of University Services Robert Wagner. Unless undergraduate classes are moved out of the building during the first scheduled week of law exams in May, there won't be enough classroom space to conduct exams as originally scheduled. However, Wagner stated that since law students had already registered and started classes one week prior to the start of classes in the rest of the University, "there isn't any real option except to work around the Law School schedule," and try to move non-law courses out of O'Brian Hall during the first week in May. Shuffle off to Buffalo In the event that undergraduate classes can't be moved, a major reshuffling of the Law School exam schedule, handed out to students with their registration materials, may be necessary. Explained Associate Dean John H. Schlegel, "The pro- blem was created by the spring schedule, which leaves us without blocks of time in rooms long enough to accom- modate sitdown exams." Thus, if classes can't be moved out of the building, Law School exams may end up bunched together during the second ficials. Asked if students could do anything to ensure that the University uses its best efforts to move non-law classes out of the building during finals scheduled week of finals. Other options include week, Schlegel commented scheduling more take home ex- that although this isn't an issue ams, allowing students to self- worth taking over the Viceoffice for schedule exams and take them President's anywhere they want, or even (something students used to do closing the Law Library to in the 19605), it is possible that students not taking exams and a visit to the Vice-President by holding them there. Noting a small, well-rehearsed group that all these options leave of student representatives something to be desired, might have some effect. Schlegel stressed that the only More of the Same workable alternative is to try Exam scheduling conflicts to keep the exam schedule as close as possible to the will not end with this semester, original, although this may re- unless the Law School changes quire "screaming and its schedule to coincide with continued on page 8 bitching" to University of- Threats Affect Mugel Schedule -P. 3 CDO Plans One-to-One ~P'5 y^ y^r^ / /^ /C<^/ / \j\s y^X^ '/law School N yS\ Madness /s£/ Ss^y/ r> r / / -P 6-7 Culinary Counsel -P. 4 �Vol. 24, No, 8 Our Readers Write Wednesday, February 15,1984 Filomena Needs Our Help Editor-in-Chief Ellen Berger Mary Managing Editor Ray Stilwell Fellow Law students: In El Salvador today, there is a woman who needs your help. In fact, there are many men, Business Manager: women, and children in that Staff: Ted Araujo. Robert Bursky, Randy Donatelli, Cliff Falk, )eff country who need a great deal Johnson, Pudge Meyer, Jud Weiksnar, Steve Wickmark of help, but for now let us focus on this one woman. Contributors: Alan Bozer, Tom Cassada, Victor ) D'Angelo, Seth Filomena Claros. Repeat her Fitter, Anna Marie Richmond, Lisa Roy, Chrys Vergos name. Six simple syllables © Copyright 1984, Opinion, SBA Any of materials herein is stand for someone you've strictly prohibited without the express consent of the Editors. Opinion is never seen of known, yet she is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, a person nonetheless. She has SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed a mind, a spirit, and people in this paper are not necessarily those of the Editorial Board or Staff of love her; and today she is Opinion Opinion is a non-profit organization, third-class postage entered "missing." at Buffalo, N V Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Filomena is a third-year law Composition & Design; University Press at Buffalo student at the University of El Salvador. She is also the Secretary General of the Law Student's Association at the University. According to a cover story in Newsweek's January 16, 1984 edition, she began receiving threats and warnings in the latter part of last December. She was told to abandon her "subversive studies." One evening, in the first week of January, she was Editor #1: I've been thinking about the future of this paper. seized off the streets of San Editor #2: And? Salvador. Armed men in Editor #1: Maybe no one cares if it publishes after this year. civilian clothing threw her into Maybe no one reads it this year. Maybe no one believes this the back of a truck and drove school needs The Opinion. off with her. Since then she has Editor #2: I can't believe that. Just about every day, someone not been heard from. comes up to me and asks when we're coming out. And when we The SBA has formed a Comdo come out, everybody's reading it. Once in a while, I even get a niittee investigate to compliment on something in it. No, I don't think our problem is Filomena's "disappearance." lack of readership. E1: Readership is one thing, but authorship is another. How the hell can this paper be published out of thin air or, worse, out of good intentions alone! Don't students around here recognize that writers are what make this paper? E2: Oh, we've got plenty of writers. I dare say plenty of good writers. There are just two problems: what they're writing, and what other people think about what they're writing. E1: What do you mean? E2: Half the problem is what's being turned in to us. It's all To the Editor: thought-out and nicely written, but it's frustrating how, well, opiWe are pleased to announce nionated this paper has become. I know we should be publishing formation of the the but some of pieces, don't our writers want to commentary report chapter of The NY/Buffalo SU newi, instead of just announcing their latest peeve?' Society, an associaFederalist should be all kinds of we if printing viewpoints, We even E1: don't agree with them. I see our job as advocating a debate of tion of conservative law the issues. But, I hear plenty of criticism from our "readership" students. Federalist Society chapters about some of the "right-wing" sentiment appearing in our pages. My reaction is that those critics should put their sen- are now found at over 65 law schools throughout the countiments in writing. Put up or shut up, I say! E2: It's interesting you should mention that because, if you'll try, where they provide safe remember, a couple of years ago this paper was accused of being haven for libertarians, tradia broadsheet proclaiming left-wing views. I guess our critics, then tional conservatives, and other and now, are the ones who never write anything. Anyway, I agree right-minded individuals, sponwith you that there should be no prior restraint on the creativity sor meetings with visiting of our writers-that was the second half of the problem I academics of a conservative mentioned-but I still wonder why so few law students want to hue, and serve as springboards put "news" into "newspaper." Maybe youere right-rtiaybe for engaging the entrenched nobody would care if The Opinion dies, or if ft becomes Left. The Federalist Society something unrecognizable. E1: Are you saying that we shouldn't even care if the paper, Washington office acts as a which has served this school for 34 years, folds due to lack of stu- clearinghouse for job oppordent dedication? Do you mean that all the effort we've been puttunities for conservative law ting into this paper during our tenure is worthless? Surely we owe students (who are much in demore than journalistic indifference to this law school community! What I see as the main issue is convincing others to care. And how the hell can we do that? E2: It's nothing that you or I can do alone. People have to figure out for themselves whether they care. I think they could figure it out, though, if they just gave it a little thought. Consider this; if we turned ourselves into a super-selective organization with an incredible sense of self-importance, selecting our members through competition, there'd probably be a line of people waiting to sign up. Why do people hold against us the fact that we're not that way, that we put this paper together, and keep it running, because it's interesting and fun? That kind of atmosphere should be an attraction in itself. E1: Not that it's all fun and games, mind you, because we do take ourselves seriously. But students ought to drop by Room 724 to get involved, to pick up a writing assignment, to suggest topics to be covered, to take a turn at shooting pictures for us E2: That'd be great-if our current writers, or new ones, wanted to play more of a role in what goes on at The Opinion. Then we'd appear to be, and would be, more of a collective news organization. Certainly, if anyone's at all self-conscious about learning theropes, we could teach them what we know. I'd especially like to see people who want to run the paper next year coming up between now and April to observe and to do what they'd be doing next year. If no one does. E1: I know. We'd really have to worry about the future of the paper. ■ ■ " -« -»— News Editor: Feature Editors: Victor Siclari Wendy Cohen, Andy H Viets Bob Cozzie up We Know It's Only Freedom of the Press, But We Like It . We are asking you for a few hours of your time to help us try to contact other law elected officials, been there to stop the vicious men with narrow minds and white sheets who terrorized and killed our brothers and religious organizations, the sisters in "the south." If only U.S. State Department, the we had been there, we could Salvadoran Embassy, and have, and would have, helped human rights organizations Kitty Genovese. Please take some time and such as Amnesty International. If we can publicize this try to help publicize the disapwoman's abduction and pearance of this one woman. generate the attention of both Perhaps we will gain the the U.S. and Salvadoran release of this woman, perhaps governments, we might be able not; but at least we will send a to gain her release. If nothing message of hope to the people else, we can send a message to of that nation. Come to the next meeting. the students and faculty of the University of El Salvador and to the people of that country. George Terezakis We must show them that Chairman, SBA Subcommittee there is a world out beyond the realm of terror in which they are presently caught, and that the people of that world will actively try to help them restore the rule of law and not of force. The death toll in El Salvador is long, bloody, and brutal: 30,000 individuals murdered To the Editor: since 1980. We people, citizens In regards to Deborah of this nation, shake our heads in horror at many of the "cruel Williams' letter in the last Opinion, the Moot Court Board is aberrations of history." If only pleased to learn that our efsomehow we could have stopto a more diverse provide forts and freed ped the cattle cars the people before they'd panel of judges for the Desreached Auschwitz and mond Competition were and appreciated. I Buchenwald. If only we had recognized to would like share the credit for this change with the other persons responsible for it. The Association of Women Law Students, the Black Law Students Association, the Latino, Asian and Native Amercian Law Students Association, and Dean Vivian Garcia met mand in certain circles since January 1981), and conducts a with Moot Court Board representatives last Spring. national symposium each year Together we organized a proon topics of controversy in the law—this year's symposium cedure designed to encourage greater participation by those will be held at Harvard, lawyers underrepresented in February 24-26, and will ex- the past. amine the crisis in legal educaI want to take this opportion, including a look at the tunity now to publicly thank Critical Legal Studies movethose people for their cooperament. tion in this endeavor. (all If interested in joining Dan Pease years and faculty cordially inDirector, vited), or simply in being kept Court Board Moot informed on the progress of Federalism at U/B, please attend an Organizational Meeting on Thursday, February 16 at 4:30 p.m. in the First Floor Lounge, or leave a note with your name, box and phone number in box 575 or box 638. Respectfully, by Anna Marie Richmond Seth Coldstein, '86 Bieda, Christopher '86 The Association of Women Law Students is planning its Spring 1984 Activities. Events already on the agenda include a Wine and Cheese Reception, Feb. 21; a celebration of International Women's Day, March 8; and at least one installment of the popular Legal Careers for Women Forum Series. We are continuing our work in developing an alumae network schools, Moot Court Appreciates Others' Help Federalist Chapter To Be Formed at U/B v ■ AWLS Sets Event Dates For Spring Association of Women Law Students will host a I Wine & Cheese Reception k Tuesday, Feb. 21, 1984 in the Ist floor lounge from 4:30—6:30pm. . «• • • • • 2 "'Wfltifon "KbhlaffHtP'ita \jr ■■ • < Come & socialize & help plan our J I iJLfIJ* through which past women U/B Law graduates can help those newly entering the profession. We count all women law students at U/B as our members, and membership is open to men as well. Membership on the steering committee requires simply a willingness to work, and to attend bi-weekly committee meetings held Wednesdays in Room 10. The next steering committee meeting will be Febraury 15 at 12 noon.-*'■- "■ •■« ■ �Political Commentary Support Reagan's Election by Ted Araujo I didn'tvote for R.R. in 1980, but after looking at the cast of thousands running for the Democratic slot, I'm going to vote for the President in 1984. I'd like to run a short review and some suggestions for his next four years in office. (If you don't have anything positive to suggest, keep it to yoruself; Ron's a sensitive kind of guy.) First, with Carter raising defense spending more than 7% his last (thank Cod) year in office, could you imagine what the deficit would have been? A prominent economist said to me recently that the deficit could be directly related to several years of double digit inflation. (The price of X amount of goods increasing over time with no concurrent increase in the untiltiy that block of goods provides. (This year the Democrats are promising to decrease the deficit, but as a recent Wall Street journal article has shown, Mondale (the likely challenger) would have to increase the projected size of the deficit to keep all of his starry-eyed supporters from realizing that Fritz ain't dealing with a full deck. (One promise he is sure to keep is his proposed increase in defense spending. No party benefits more than the liberal Democrats from increases in our nation's industrial-military preparedness. Just ask Ted and Tip. F.M. will also keep his promise to give his Mom a ride on Air Force One, at taxpayer expense, of course.) If I were fat and old and rich (prerequisites for getting R.R.s ear), I'd tell him to put David Stockman in a new cabinet post: "Overseer of the Pentagon." If D.S. were allowed to run amuck in that sprawling bureaucracy, this nation would save one-third of what it spends on defense with resultant greater capability. R.R. would then be able to deflect criticism from those of you who think that he has not served the poor all that well. I'd also tell R.R. to tax Social Security benefits, put federal workers into the Social Security system, start a nation-wide job search service etc But when it comes right down to it, I'd much rather have a President with the initials R.R than F.M. An R R. glides effortlessly through conflict. It is a sign of fine craftsmanship and distinction. It's not like all the other cars on the road, but would you want the President to be a Toyota? An F.M., on the other hand, Political Commentary Flag Burners Make Confused Statement by Robert Bursky In a scene reminiscent of the campus unrest and discontent in the sixties, students at Berkeley recently burned the American flag, ostensibly to protest the incursion into Grenada. The demonstration was further proof that the anomie and political alienation characterizing the seventies has given way to a renewed sense of awareness and determination among the nation's collegiates. Unfortunately, the chosen mode of expression was more indicative of a general condemnation of America rather than a conveyance of dissatisfaction with the President's decision and subsequent implementation of if Apparently, these misin- formed souls either do not understand or do not appreciate the fact that the flag is a symbol of our country, and not an extension of a particular person or policy. The flag (in part) represents only the office of the President, not the man himself or his policies or decisions. The flag existed before Ronald Reagan became President and American troops entered Grenada, and will still be a symbol of this country when the events of 1983 and the people who made them are forgotten, save for a possible few lines in an elementary school history text. The flag is the enduring emblem of the United States, to exist for as long as the country it represents does, and is not a momentary, fleeting image of the country's past, present or future. What is so tragic about the. naivetefof such a display as occurred in Berkeley is that, while the beliefs giving rise to it may be good-faith ones, the act itself can in no way be differentiated from the same acts committed in far-off lands, by people who harbor only hatred and death-wishes for this country. Ask one such person why he kidnaps our ambassadors and bureaucrats, murders our military personnel and burns our flag. He will surely impart his hatred for America and everything it stands for. to you The source of his hatred cannot be reduced to one country's violated borders, a pocket of exploited workers, or personal dislike of American leaders. These are but salt in his wounds. It is all of these things combined, and more, that arouse his wrath and stirs him to action. If the students just a radio station. by Mary Ellen Berger Wherever it goes, it changes frequency. It gives the illusion For the first time in its of substance, when in reality it is controlled by whomever known history, the U/B Moot turns the dial. It says whatever Court Board of Directors has voted to move the dates of the you want it to say, and if you disagree with it, it will change. final rounds of the Eleventh Annual Albert R. Mugel Tax An F.M. is something that people who dream deserve. An Competition up one day to R.R., well, that's what you get Thursday and Friday, March 8 if you work. and 9, 1984, in recognition of the fact that there are Orthodox Jewish students who wish to compete and are prohibited from doing so if the Competition is held on a Saturis BPLIP Sponsors Speaker by Lisa M. Roy The Buffalo Public Law In- terest Program will be sponsoring Roger E. Stone, Esq., to speak on Wednesday, February 15 at 4.00 p.m. in Room 112. Mr. Stone runs the Client Advocacy Service, a local agency designed to consumers of the community mental health system in Western New York. Much of Mr. Stone's discussion will focus on the day-to-day dealings with mentally ill clients, the problems they face, and the issues important to them. Mr. Stone's position as an advocate is also complicated by the families of clients and by mental health professionals who may be caring for the individual, but at the expense of the individual's legal rights. Please came and bring your questions with you. Refreshments will be served. issue" concerning Cardozo, explained Pease, "and mentioned the possibility of injunctions." After receiving Prager's call. Pease contacted Associate Dean John Henry Schlegel, who called the General Counsel's Office of the SUNY system in Albany, "and the administration took over," stated Pease. Negotiations ensued between SUNY and Agudath Israel, culminating in a letter from Schlegel to Prager which day. promised that the final round According to Moot Court of the Mugel would be Board Director Dan Pease, the scheduled "early enough on original dates for all aspects of Friday afternoon so as to allow Mugel Competition were set Sabbath observers to reach last November and were contheir local abode after its comfirmed in letters sent to par- pletion, but before sundown." ticipating teams in December. According to Pease, the U/B Cardozo Law School, part of administration never directed Yeshiva University in New York the Moot Court Board to City, had contacted U/B last change the dates, agreeing fall to express concern that a generally that it was too late to Saturday schedule might disrupt the Competition's preclude their teams' parschedule. ticipation, and the Moot Court "The merit of Agudath's Board's Executive Committee position was obvious," had evaluated the situation, asserted Pease. The date considering possible schedulchanges, however, have ing alternatives. The orginal resulted in "an unbelievable Friday and Saturday dates for problem with the room situathe final rounds were tion." The panel of judges slotnonetheless set and notifica- ted for the final rounds have tion mailed. confirmed that they can all be In mid-December, Pease available on Friday, instead of received a telephone call from Saturday, afternoon. Steven Prager, General This is the first year that CarCounsel of Agudath Israel of dozo Law School has expressAmerica, a New York-based ed interest in participating in organization dedicated to prothe Mugel Competition. Their tecting Jewish legal interests team has not registered for the "Prager wanted to impress awards banquet to be held on upon me the importance of the Friday evening. SBA Analysis New Bylaw Is A Mistake by Ted Araujo Grenada is once again a vacation paradise for all capitalist imperialist freedom lovers, and the SBA seems to be releasing its authority to proclaim who is virtuous and who is evil in foreign policy. At least the SBA is opening up its agenda to those who it represents. Many moons ago, on December first, the SBA disposed of a nagging problem: democracy and the in- herent freedom of information and choice democracy claims to support. The resolution at the end of this story is now a new Bylaw America, they did so with the of our SBA Constitution, but usual (but overplayed) display the circumstances surrounding of pomp and circumstances its passage require examinautilized by a wide assortment tion. of relgious and ideological The definition of "resolufanatics. tion" relied upon in the debate Blanket statements and acts as to whether or not we, as are ineffective in framing a those who are represented by particular issue, bringing to the SBA should have a chance light a specific object of con- to comment on a resolution's cern, or conveying the underlysubstance, was "a formal stateing reasons for speech/action ment of opinion." Granted, it is directed to that concern. If a broad definition, but it was Berkeley students are well- taken from Black's Law Dicintentioned, then in the future tionary, so it is as reliable as they should employ more any. The Bylaw deals with traditional forms of protest, special resoultions anyway, so such as marches, pickets, one can anticpate that the Byrallies and resolutions (assum- law will refer to those ing a mandate by the student measures taken outside of the body) to make their views normal jurisdiction of the SBA known. In that way, their (i.e., if it's not a party, fight, criticism of governmental something to do with El policy will not be mistaken for Salvador, office space, etc.). anti-American fervor. The drgyrbingjiality.of the at Berkeley were condemning Moot Court Board Shifts Mugel Dates a forum to express their own personal views, but at the expense of the sentiments of a disclosure unless the SBA majority of the students at this deems it our right in that par- law school. I don't want ticular instance. Any Bylaw, anyone else telling me what however, can be overruled by my opinion is as to any subject whatsoever. Unfortunately, it a 2/3 majority of those in attendance at any particular seems as if the "Grenada meeting. The Bylaw, which was Resolution" would have passwatered down from the props ed anyway. What remains are ed amendment by a factor of hopes that the SBA will not be ten, was passed only through dominated by a group of the grace of Greg Phillips, who power thirsty renegades, or cast the deciding majority pass a constitutional amendvote, allowing the resolution ment that prohibits the SBA to pass by the slimmest of from issuing its opinions to margins, 11 to 5, with one media other than this paper. I like that last alternative. If abstention. want the SBA to serve only we Phillips, in support of greater disclosure to the the Law School, why does that students, felt that the body have to jump at oppor"weakness with any Bylaw" tunities for national exposure. was that it could be overruled Let them put it on their by the two-thirds vote. He felt resume, that should be that any organziation such as enough. SBA has to operate with the * * * good-faith intention of serving Bylaw 14 its constituents, or any rule Special Resolutions Any formal statement of opicould be abbrogated. Rich Gottlieb stated, in supnion concerning matters of port, that the measure would public policy, excepting act as a "safety valve for some statements involving the Law notice." School or University or directly Others were concerned with affecting the education of the impropriety of "flexing students, shall be considered a political muscle," v. "showing special resolution. Special resolutions shall be that we're rightly concerned." posted in full on the SBA office In my opinion, the SBA consists of a majority of people door and SBA bulletin board who want to represent us well, before noon, at least 24 hours and in accordance with the prior to any meeting in which majority of student opinion. the resolution is adopted. Any Board member may inUnfortunately, it is quite clear that a number of SBA represenvoke this provision as a motatives get a jolt out of having tion. passage of the Bylaw is that we, as those whom SBA represents, have no rights to .February 15.1984 Opiwon 3 �Culinary Counsel: Making Chinese Chicken by Andy H. Viets It is nothing less than a truism that a majority of the students attending this school of law must fend for themselves when it comes to satisfying their culinary desires. This leads to a tendency to frequent such eating establishments as Wendy's or McDonald's. It also results in the use of so-called "convenience foods" (a nicer term than "chemicals") found in the frozen foods section of Wegman's, Tops, Super Duper, or wherever you do your food shopping. All of these and similar means of warding off starvation can be summed up in one word-evil. As an amateur gourmet chef of little note, I offer this column to assist you in the war against your evil ways. This is the first (and perhaps last) "Cooking Column" by yours truly. Before you dismiss me as nothing more than some kind of health food nut who wants you to eat wheat germ and drink goat's milk three times a day, read on- for with one simple recipe you will learn to make a most wondrous, calorie stacked dish that isn't all that hard to make, doesn't have any chemicals in it (well, maybe a little MSC), and isn't particularly expensive (though I have to admit that I can't beat those forty nine cents cheeseburgers at Burger King). This shamefully scrumptious dish found its beginnings this past summer when an acquain- named Jennifer (from California of course) introductance New Waves^ Liquid Sky: So Bad It's Good by Jud Weiksnar Liquid Sky, the New Wave/S-cience Fiction film that might still be showing at the Evans Art Theatre, is too violent and obscene for my taste. The acting is terrible and the music is worse. In spite of itself, however, Liquid Sky succeeds. Where does the appeal of this movie lie? I don't want to say the photography is good. That sounds too much like "it has a nice personality." Maybe it's the story that makes Liquid Sky click. An alien comes to lower Manhattan via u.f.o. in search of the molecular configuration found in heroin. It starts zapping people while they're taking heroin, and later finds it likes the molecular configuration found in humans during orgasm even better. Alright, maybe it isn't the story. How about the technology? Well, this movie will never be mistaken for Star Wars. The spaceship resembles a dinner plate. The makeup, costumes and special effects look like "Wendy O Williams meets Ultra Man " Perhaps the humor was what brought me back to see this movie a second time. But what's so funny about a German scientist asking a woman what direction her apartment faces? If that's not funny though, why was I laughing along with everybody else? There seems to be a method to this badness. If Liquid Sky is seen as a spoof on low-budget sci fi films, the acting is great. In fact the hokeyness of Ann Carlisle, who plays Jimmy and Margaret (a la The Patty Duke Show), is really quite compelling. It's not easy being the most beautiful boy in the world and the ugliest girl at the same time. The violence, crude and portayal of deviant sexual behavior may be overdone, but they are not inconsistent with the plot and ambience of Liquid Sky. Something in this movie grabbed the audience, at least those who didn't walk out of the theatre during the first ten minutes. The whole place was rooting for Margaret to get her revenge in her own special way by eliminating all those who had taken advantage of her, with some help from the alien. language, Margaret accomplished that feat by giving her victims the "proper molecular configuration." At least they died happy—you could say they went out with a bang. As of deadline time, Liquid Sky is being held over for the fourth record-breaking week at the Evans theatre. Tickets are only $1.50 with a student discount card. ed me to what she called, enough, Chinese Chicken. Being a student of the law, however, and therefore not being able to leave anything simple, I not only simply tinkered with the recipe, but with the nåme as well- which itself is rather intriguing (and which will be explained in due course)-Andy's Version of Jen- continued on page 6 Students Play Baird by Thomas L. Cassada The O'Brian Hall communi- ty was treated to a demonstration of musical talent by three of its members in a well- attended recital at Baird Hall on Sunday evening, February 5. This talented trio consisted of flutist Annette Scull, clarinetist Dan Elias and pianist Jack Freedenberg. The well-balanced program chosen by this group of "lawyer- musicians" consisted of Bach's Concerto No. 3 in D Minor, and the very lyrical and provocative Suite for Flute and jazz Piano by Debussy's Syrinx, Claude Boiling. The piece by Bach, known more commonly as the Double Violin Concerto, has been transcribed for the flute and clarinet. While the famous Bach violin concerto is frequently heard in the orchestra repertoire, the flute and clarinet version is not. Ms. Scull and Mr. Elias began the program with this lesser known version and both immediately demonstrated their very solid musical abilities. It seemed to this listener that the use of the clarinet "modernized" the its 18th century origins. It was an appealing contrast. The second work on the program was a solo performance by Ms. Scull of the Romantic piece known as Syrinx. While Claude Debussy would probably take exception to his works being characterized as part of the "Romantic" tradition, one need only listen to this beautiful piece to place it well within the "romantic" (with a small r) tradition. This work is Debussy's interpretation of the story of Pan's unrequited love for the nymph Syrinx. It is essentially Pan's song of woe upon learning that he has inadvertently killed his beloved. Ms. Scull performed the peice with the tenderness and pathos that it deserves. The final piece and, by far, the show-stopper of the evening was the Suite for Flute and lazz Piano. Mr. Freedenberg played the piece with the ease of an accomplished pianist. The jazz piano and the beautifully classical elements provided by the flute started off by creating a magnificently haunting dialogue which by and fifth the fourth essentially Bardque character movements resulted in a sound of the work, while the flute of melodic harmony. This was served to keep the piece within their shining hour. COFFEE AND DONUTS WILL BE SERVED OUTSIDE ROOM 106! J "V. BE SURE TO PAY ONLY $60 TO LOCK IN THE PRICE OF $675 FOR YOUR BAR REVIEW COURSE! PAY ONLYftIOO MORE TOWARD YOUR $675 PRICE AND YOU WILL RECEIVE YOUR BAR REVIEW BOOKS! \QfIQJLmt Opinion 4 RfchMfy Ts;f«4 ■ 401SeventhAvenue,Suite62NewYork,NewYorkl0001 (212)594-3696 �Take Advantage of a Local Attorney by Audrey Koscielniak Program's value. Over 95% of There are two small changes One-to-One: Repeating a Success The Erie County Bar anything." "I would require it students will be able to review Association and the U/B Law of all students for their own the Attorney Profile cards Alumni Association have good —helps to focus on themselves and select their joined the Career practical aspects of legal attorney match. Also, Development Office in education." "This program Rochester area alumni have sponsoring the 1984 One-to- represents a most beneficial been invited to participate, One Counseling and Career opportunity to inject some thus extending the geographic Guidance Program. Its purpose 'real world' legal practice into range of the program. is not only to help students law school study. .." These are To participate in One-toexplore available career typical examples of the One, CDO recommends the options, but to increase their enthusiastic comments following steps: awareness of the realities of received from last year's 1. Review the Attorney law practice by discussing student participants. Register Categories listed in those items with a person who Attorney enthusiasm for the the One-to-One announcement experiences them daily. One-to-One Program seems to delivered to the student One-to-One makes it match that of the students. In mailboxes and select the area possible for a student to spend the past, many attorneys have of practice, type of office and half-a-day observing an gone out of their way to ensure size of firm/office that you attorney during his/her normal that the events to be observed would like to observe. routine. The student may by the visiting student are 2. Stop by CDO (Rm. 309), choose the size of the firm or interesting and valuable. It is review the Attorney Profile agency, the practice speciality not uncommon for attorneys cards, and select the attorney of the attorney, and the type of to go well beyond the one-halfwith whom you would like to office (government, public day time commitment meet. Attorney Profile cards interest, judicial, private firm, requested. The 1984 One-to- are filed by first-ranked area of or corporate legal One Program seems to be practice for that attorney. department). receiving the same high level 3. Submit Attorney Profile Last year, over 200 students of attorney support. card and Student Request Card participated in One-to-One, Approximately 250 have (the yellow form dropped off and the evaluations submitted already signed up to meet with in your mailbox) to CDO. CDO will then prepare a letter of by them confirmed1 the SUNY/Buffalo students. Construction to Begin Soon continued from page 1 new Documents office will rise one floor above the old one. A Documents "reading room" will be located next to the new office on the sixth floor, with microform collections and readers for them, but this facility will not involve construction. There should be access to all library collections while construction is taking place. Who Knows When? There is no set completion date for the projects, because there is no set starting date. According to Gibson, the construction work is not a Univer- and work will not begin until workers finish whatever campus projects happen to be ahead of them.. Library officials had been told that work would begin over intersession, immediately after workers finished removation of Bell Hall, but this schedule was not followed. According to Gibson, there is a possibility that the workers will not arrive until law school exams in early May. If this happens, she said, the work will sity priority, introduction to the attorney. the students who provided in the 1984 One-to-One Allow 48 hours for this to be written feedback felt that the Program. Unlike last year, done. time was well spent. "I when CDO made the 4. Pick up your copy of wouldn't have missed if for attorney/student match, the letter of introduction sent Students can expect sawhorses to return to the Law Library in the future as construction of new facilities is imminent. near on your behalf, as well as a copy of the Student Guidelines and Evaluation forms. 5. Call the attorney's office and set up a mutually convenient date for your visit. This Program will , be especially useful for students who want more information on alternatives available after law school. It is an excellent way to observe different types or sizes of firms and agencies, with no limit on the number of visits a person can make. For that reason, the Career Development Office hopes Audrey Koscielniak, Assistant Director of Career Development that each student will find time to see at least two or three attorneys during the year. LRev Competition The Buffalo Law Review invites all first-year students interested in participating in the annual casenote competition to attend an informational meeting on Wednesday, February 29, at 2:30 in Room 106. Associates will discuss the details of the competition, distribute additional information which may prove helpful to participants, and provide an overview of Law Review membership. The competition will be held at three different times over the coming months: during the mid-semester break, shortly after school resumes, and after the examination period. Registration will take place in the Law Review office, Room 605, between 12.00 and 2.00 p.m. on March 14-16, April 4-6, and May 12-14. The Buffalo Law Review is a professional journal published three times a year by students of the law school. Its purpose is two-fold: to select and publish significant student and professional contributions to legal scholarship., and to provide students with an environment conducive to completely academic independent presents, and analyzing the court's decision. Each "casenote" will be read by many Law Review members over the summer and will be judged for substance, writing ability, and form. Ordinarily, a candidate's performance in the casenote competition weighs equally with his or her first-year grades in determining whether that candidate will be offered Law Review membership. In addition the Law Review traditionally had admitted a number of "write on" competitors based solely on the outstanding quality of their casenotes. Since, in either event, a superior casenote can compensate for average or low grades, the Buffalo Law Review strongly encourages any interested student, regardless of academic standing, to enter the competition. . . research. Participation in the competiprobably be rescheduled to as unlikely that the projects tion is necessary for Law not to interfere with exams in would disrupt the Bar Exam, Review candidacy Each comprogress. She added however, which takes place in the library petitor is referred to a recently that construction scheduled in July. decided case dealing with an Gibson noted that the area any earlier in the semester of law covered in the firstsay in would probably npt be library staff has little .curriculum. The comyear rescheduled. She explained when the workers will arrive petitor is given ten days to that forfeiting the project's and the construction will write a short (no longer than begin. "It's not anything at this eight-page) paper reviewing place on the university's construction schedule could delay level," she said. "It's Vice the facts of the case, identifythe work for as much as a year. Presidents talking to each ing the important issues it Gibson said she thought it other." Does it Better, Faster for Less! Resumes Professionally Typeset A Printed Briefs Si Wilting Samples Copied ALSO: • Posters • Flyers Brochures • Tickets •• Bus. Cards •• Letterheads Envelopes 16/6N.FBIvd Amharat 834-7048 3171 Main SL Buffalo 835-0100 The U.B. Law Alumni Association, Student Bar Association, and Career Development Office will hold a series of Career Information Panels beginning at the end of the month. The tentative schedule of topics and dates are: 21 <~>~~<~~ Criminal Law 22 ~~~~~~ Practice Settings Corporate/Business 23 28 »»»»»««» Civil Litigation February~29 ~~«~— State/Local Government March 1 ~x~<>~~ Labor Law later date. February February February February ——— The final list of speakers will be announced at a Please watch the Career Development Office Newsletter for details. Feb.u3f Y >s t.l«W,' Opinion 5 �Boris' Banter —Victor J. D'Angelo Solemn SituatiorSyndrome: I La* Schoo; Overcoming a HumanFoible Man Stacks. Stacks, o coffee Machine Stacks, , Well> Well, L So^hin gfrom > 1936 U^ HelL Yellow SO up and so much more, cups, You once ran out of Chalk back nf °J your Day} night> Pour, Pour, Pour, Aboard, un the Box, Qh great me tal v gives us so much. Black or extra white. can "P against andyou'll like most law das deed, most classes It's not as if the sit so solemn for e> fact, I suspect tha fessors would prefi classes be carried c ed environment. D notice how an enl relatively intelliger loquacious law st And I watched my coffee sport- I was in church last Sunday and, as much as I try to ignore the inexplicable foibles of human nature, couldn't help noticing that while the place was almost full, the entire front half of the church was empty. I've seen this phenomenon before, so think it deserves a name: the Solemn Situation Syndrome. It's not like a movie, where a well-tempered fear of blindness keeps you but of the front row, and it isn't like an AC/DC concert, where a welltempered fear of deafness and/or sterility keeps you out of the front row. Rather, it is . I be completely sili minutes rather the question that is everyone assumes be wrong? Did you how easy it is to wi sentence after two school? At any rate, figures —be they p Cod —are there foi of the audience, titude that is less fear-oriented ma' that goal impress time you are in clt you sit in tl Answer the first q hear incorrectly t< ice. Soon everyone mend ing to give the wi and class will m< squirt down the drain. Jacket. LAW SCHOOL MADNESS! 1 «• •» ..»i ass |^ * EDITOR'S NOTE: We at The Opinion try our very best to run a serious, professional news organization. Our commitment to responsible journalism does not extend to every day of the year, however. This issue is coming Most InterestingNews Item of TheWek \ i^i \ itV i °tte"pt? ln a fleets fion' f s a ** sp \u- Editor's Note: memorandum is r entirety, at the Associate Dea Schlegel, who is The sender is Pr Boyer. Conversation mensroom 1/24Student #1: "Die your Nutshell co Student #2: "Yea Schlegel." Student #I:"Ther for that, isn't thei Student #2: "Veal trust him." 6 Opinion February 15, 1984 �How to Crash the Gate: A Guide To Partying Without Invitation by Seth Fitter and Michele Dill Spring semester is usually the time for merrymaking and partying, and I plan to do my share. But when the guest list is classes and, in- and humorously to its conclusses in general. sion. Remember, if Cod ! situation were wanted everyone to take a everyone. In back seat, he wouldn't have that most pro- given us cars with passenger >refer that their seats. I actually heard a few songs ed on in a relaxt. Did you ever I liked enough to dance to at entire class of the Three Coins party, so I was igent and often happy; I wish I were more t students can belligerent, though. It would silent for five make life so much more painthan answer a ful and embarrassing for me is so obvious and my friends if I got in fights mes they must more regularly at parties. I also you ever notice wish I had been able to help 0 write a run-on destroy the bathroom. I two years of law haven't had a chance to trash someone else's toilet in quite a ite, authority while. I always leave parties ;y professors or too soon. 1 for the benefit I want to take this opporcc, and an at- tunity to propose the first aness uptight and nual Law Lawn Chess Party. may facilitate Louis XIV loved the sport and iressively. Next used to have games at his 1 class, I recomplace (Versailles) all the time. in the first row. Everyone is forced to drink and st question you socialize with different people ly to break the as the game moves on —it's 'one will be willgreat, so talk to me if you're ine wrong answer terested. Do Svidanya, BORIS I move quickly being formulated, my name is frequently missing. Although I am disappointed, I have learned to circumnavigate around such officiality. You may ask how I do it; quite simply, I crash. What, pray tell, is crashing? Essentially, crashing is an ancient phenomenon of selfinvitation. Its official definition is "(t)o intrude upon by entering without invitation or credentials." (Webster's New International Dictionary, 2d cd. 1947). Since crashing is not limited to any social or economic group of society, here a few pointers for any • on in 2d floor -"Did you get all II courses?" 'Yeah, except for the above steps carefully. For the daring and imaginative, improvise by adding a dash of your own panache. / "* a. ** party. Follow / **'y i 24- Finally, bidding adieu, (i.e., should always be effectuated with extreme secrecy. Never thank the host/ess. S/he might take offense and most likely cause an embarrassing scene, damaging your future reputation as a crasher. The opposing minority rule requires the crasher to graciously thank the host/ess for a lovely time. Compliment him/her on his/her charming house and say that you hope to see him/her again. The minority rule relies on the fact that by the end of the party, the host/ess is so inebriated, the he/she either doesn't really care that you crashed the party, or is physically incapable of causing an embarassing scene once he/she realizes you have crashed the cutting out), / 5)a.-s jte. attitude and it will be easier to circulate. Happy Partying! out on one of those days when we just say, "What the hey, let's print it!" Every word on these two pages was legitimately submitted, by actual readers, to be published in The Opinion. Really. The following is reprinted inJts the request of Dean John H. o is its recipient. <s Professor Barry potential student crashers: The most important factor in any successful crash is the element of surprise. Therefore, the number of crashers should be limited to no more than two conspirators. It is also important to know someone at the party before you crash it. You should never wear outlandish clothes which could possibly draw attention to yourself. Finally, never arrive early; you should always be fashionably late. Once the party has been successfully crashed, the crasher should act as any normal party-goer. Mingling, which is an art of timing and conversation, is the key to any successful crash. The skill of mingling takes many years to perfect, so don't be discouraged if you don't fare well in the beginning. Mingling affords you the opportunity to sample the food, beverages and company. Remember to maintain a joie de vivre / I At. u*o r COS There's a Nutshell : there?" Yeah, but I don't » I » S„ e3re„ f :^ Why Is This Man Smiling? / ot/ c °/?i_ ""* _ia / / February 15, 1984 Opinion 7 �Law School Exams Schedule Still Not Settled table." Headrick added that we can't just say "we're a law school, go take your classes somewhere else," because we are also part of this University. However, after a year's experience with holding non-law classes in the building, we may be able to handle the situation better, and take steps to minimize any adverse impact, Headrick said. Schlegel reflected, "One is both a law school and a part of the University. There is a nice tension between having our own school, and being part of the University, but we can't eat our cake and have it too." Considering the impact of the undergraduate presence in O'Brian Hall on the building's atmosphere, Schlegel added "I don't see any real solutions to a very real problem," commenting that we may find the Student Bar Association will play a more important part in the social aspect of the Law School, as our spirit "turns to live in frequent, cheap parties," off campus. Culinary Counsel: Hawaiian Style Chinese Chicken "It was poor planning on the part of the University-they should have made an effort to preserve the atmosphere ofthe school, the camaraderie of misery loving company among law students", said third year continued from page 1 that of the University's-which might, in turn, cause problems with the timing of commencement. There is no possibility of moving non-law classes out of O'Brian Hall completely, because of the shortage on the Campus Amherst of classrooms designed to hold 80 to 100 students. Vice President Wagner stated that the University is trying to offer more cowses at this campus for students whose departments are here, and that this semester, 200 additional course sections were transferred to the Amherst Campus. In order to take students away from the disruption caused by the construction at the Main Street Campus, more large classroom space had to be found at Amherst, and Wagner said that when law classes are not scheduled in O'Brian, "it is appropriate to consider its classrooms for other needs " Wagner, Schlegel, and Dean Headrick all note that holding non-law classes in the building will continue, at least for the next few years. "I don't see how we are going to significantly change the pattern", said Wagner. Commented Headrick, "The real problem is not going to go away quickly...they built this campus without enough classroom space for the academic program they wanted to run It was predic- salt. Let it cook for about an hour on medium heat. If you Bull Chicken are using a pot which is not There is no reason to feel inmade of teflon or Silver Stone, timidated at this point-even you might want to put a very those of you who have trouble thin coating of oil in the pot to setting the oven temperature prevent the rice from sticking to heat up your frozen pot pie (I always use one of my teflon can deal with this one. Keeping pots, though, so I don't have to in mind those prophetic words worry about this). 2) Boil the hell out of the of Lucretius in De Rerum Natura (Bk. ivF'What is food chicken. 3) While steps one and two to one man may be fierce poison to others"-l offer this are going on without any tasty recipe. You will need the assistance from you, chop up following ingredients (the the pepper, onions, and amounts of which depend on mushrooms into little pieces. 4) When you're finished boilhow much you think you can ing the hell out of the chicken, eat): 1) A nice sized chicken; slice off all the poultry and 2) Some onions; chop it into little pieces. 3)A bunch of mushrooms; 5) Take out a big frying pan 4) A pretty big green bell and put all of the ingredients pepper (as suggested by "The into it (except for the rice). Bring it to a boil and then turn Bull"); 5) Terriaki or soy sauce (I the heat down a bit. By the never could tell the time most of the liquid is boildifference); ed off, the rice should be 6) Some crushed pineapple; ready. 6) To serve-Throw the rice 7) Some sugar; on a plate and then dump the 8) Some vegetable oil; 9) Salt, MSG, pepper and chicken stuff on top of it. If whatever other spices you you want to, you can have a have a lot of in your spice rack; vegetable, a salad, and 10) What's left of that bottle something to drink with it of wine you didn't quite finish (though quite frankly, I last weekend; couldn't care less what you 11) Some rice; have with it). Now eat it (and 12) Some water. don't forget to clean up afterAfter you have gathered all wards), t a& of the ingredients together, Now, wasn't that easy- and follow this procedure: incredibly delicious? Of course 1)Start the rice. I usually use it was. a double boiler, using twice as The only issue that remains much water as rice and a dash involves the meaning of that continued from page 4 nifer's Hawaiian Style Chinese Of ~ rather thought provoking name given to this thrilling culinary treat: 1) Andy's Version- Well, I had to get my name into it somewhere. 2).Jennifer'- I always give credit where credit is due, so I'm willing to leave the originator's name in the title (though after I told her what I had done to her recipe she denied all responsibility). 3) Hawaiian Style-There is pineapple in it. 4) Chinese-Remember that ter- riaki sauce you spashed in? 5) Bull-One of the people I share an apartment with said to me after I once made this mouth-watering meal, "Next time try putting some green pepper in it." I did so and thereafter have included his name, "Bull," in the title. 6) Chicken-You did remember to put the«-chicken in, didn't you? If not, maybe that's why it tasted funny. Andy's Version of Jennifer's Hawaiian Style Chinese Bull Chicken, is obviously, therefore, a combination of culinary concepts which no one individual can (or would most likely want to) take credit for. It represents nothing less than a beautiful union of artistic ideas brought together fog your eating enjoyment. Feel free to indulge at will, for as it is written in the Book of Isaiah, Chapter 12, Verse 13, "Let us eat and drink, for tomorrow we shall die." SBA Passes New Resolution Resolution Opposing SUNY Tuition Increases WHEREAS it is the objective of the SUNY at Buffalo, Faculty of Law and Jursiprudence to afford educational opportunities to persons from all segments of our pluralistic society in order that the legal profession may be broadly representative of the society at large; WHEREAS the students at the SUNY at Buffalo, School of Law have already suffered a tuition increase of $600 for the 1983/84 year over the 1982/83 year; WHEREAS Covernor Cuomo has proposed a tuition increase for law students proportional to his proposed increase of $200 for undergraduate students which would amount to an increase of approximately $400; WHEREAS these tuition increases substantially impair the ability of the SUNY at Buffalo, Faculty of Law and Jurisprudence to fulfill its mission by limiting access to public legal education to only those who can afford the ever increasing cost; THEREFORE BE IT RESOLVED that the Student Bar Association of SUNY at Buffalo opposes any increase in tuition for the SUNY system. Opinion 8 February 15, 1984. The Undergraduate Invasion Law students seem almost unanimously opposed to the of massive increase undergraduate students in the hallways, and the scheduling of non-law classes in O'Brian. The complaints center not only on noisy and crowded condisomething tions, but intangible-the spirit, and atmosphere of the place. student Jan Longe. She cited the crowds on the first floor and the impossibility of getting a seat on Baldy Bridge as two negative side-effects, adding "the Law School is losing its character and becoming like the rest of the University-a commuter school. It's getting to be a place where you bring your books to school, go to class, and go home." Discussing the exam scheduling problem, Longe said, "Exams already induce so much anxiety, that they should do everything they can to keep the original schedule." Second year student Mark Maves added that he doesn't sjee any particular need for the "poorly on the school, and the accrediting agency may take a dim view of it," he said. Finally, considering a possible change in the exam schedule, Maves stated that since law students were required to register for classes with the schedule in mind, "they won't be holding up their part of the bargain if they change the exam schedule," after students have registered in reliance upon it. An Unconstitutional Taking "I believe it constitutes a taking within the meaning of the Fifth and First Amendments," says second year student Marc Garber, concurring in the negative conclusions of his colleagues. "I recall as an undergraduate, the awestruck feeling I had when I walked into the Law School, the feeling of power that invaded the halls. There's been kind of an escape of that feeling of power, it's seeped through the doors." Garber joked that the undergraduates "have a terrible attitude- they think they're my equal." Garber added that when the Law School was being built on the Amherst Campus, Law School representatives were adamant that it maintain its autonomy; the scheduling of undergraduate classes here "is an invasion of that autonomy." Considering the crowds in the hallway and in the library Garber concluded "I'm one of the great leftists in the Law School, and I believe in sharing the wealth, but not with ingrates like the undergraduates." Focusing on the practical problems caused by the influx of students to the campus, third year student David Mar- University to schedule non-law classes in O'Brian, when other facilities are available on both cus remarked that there's a campuses. Even if there is a problem because the facilities shortage of large classrooms, can't handle the sheer number Maves noted, "this is of people using them-something they should gave particularly the parking lots taken into account when they and cafeteria. Marcus also considered having classes of noted that something had been that size," on the Amherst lost, "a cohesiveness, the feelCampus, and the problem can ing that you knew everybody. be avoided by hiring more We're becoming alienated." teachers and having smaller Added second year student Joe sections. Coleman, "Just trying to An additional problem causnavigate the halls is difficult," ed by scheduling non-law and while undergraduates are classes into O'Brian lecture certainly welcome to use rooms is that law profesors facilities in the Law Library can't even obtain a room to that are unavailable hold make-up classes in, elsewhere, it would be nice if Maves pointed out. This lack the Law School had been built of space and resultant lack of off the academic spine, inscheduling flexibility reflects stead of interconnected to it. PI'OTO ~~ IIIDP WORD PROCESSING - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need tor retyping when editing drafts 16 Typestyles & Symbols to Choose From Repetitive Work at Reduced Prices Xeroxing, Printing, Bulk Mailing Printed to Look like Typeset Or Typewritten Pick-Up & Delivery Available All Work Guaranteed - 883-3348 (^all PRbTO-TvPE Ask For Randy �State Bar Argues for Increased Court Funding The New York State Bar evaluate the Court System's Association is calling on the budget requests in light of curGovernor and the Legislature rent court conditions and to provide proper funding in caseloads. the new state budget to enable "The understanding and supthe courts to handle their port of the Legislative and Exmounting caseloads and serve ecutive branches are crucial to the needs of the people for the success of the Judicial timely justice. Branch," Fales said, pointing Over 2.2 million cases were out that although the court disposed of in New York State system needs but a small segin 1982 alone, an increase of ment of the state budget, the about 10 percent over 1981 so Judicial Branch is a co-equal branch of government with a support for the budget requests of the New York State critical role to play. "The judiciary is not like an ExUnified Court System is imperative, NYSBA President ecutive Branch agency, but is a Haliburton Fales said on constitutionally established January 30, 1984 at a press separate branch of governconference in Albany, ment with unique obligations presented jointly with the New and responsibilities. Its York State Trial Lawyers workload is not selfAssociation and the Women's determined or controllable. Bar Association of the State of Case filings are determined by police or prosecutor activity, New York. The three Associations stressed the common new legislation, changes in the concerns of the bar to assure economy and the proclivity of that the courts adequately persons to litigate-all beyond meet the needs of society, the the control of the judiciary," criminal justice system, and in- he said. The Court System's general dividual litigants. "It is our practical observafund request of $610.1 million tion that in many parts of the includes an increase of $54.4 State the court dockets are so million over the current fiscal crowded that the time to get to year; $49.4 million of this sum trial is long and resources must is for legislatively-approved be wasted in determining who collective bargaining raises gets the chance for a trial part. and benefits for non-judicial This reduces the incentive for clerical and uniformed personsettlements and pleas and fur- nel, and to cover the effects of ther congests the system. inflation on non-personal and There just have to be more court-related services. trial parts available in the metropolitan areas," they said. Expanding Critical Areas needs are These A further $5 million of the documented in a study commissioned by the NYSBA and general fund request is prepared by the National designated for new or expandCenter for State Courts to ed activities which address critical areas. Fales specifically cited funding for 10 more desperately needed Housing Court Judges in New York City to handle cases involving such basic human concerns as having a warm and decent place to live. "Tell people who are being evicted that they must wait to have their cases heard, and you will see what not having enough judges means in basic human terms," Fales said. The Housing Court is the center of a new battle between landlords who, under legislative encouragement from the new July 1982 conversion law, try to convert real estate from rental status to cooperative or condominium ownership and tenants who want to remain in decent housing. Given the stakes involved the issue of whether the landlord's oil supplier goofed or whether the landlord is trying to drive the tenants out is not a petty squabble. In addition to the Court System's general fund request, $69.58 million is being sought to fund three areas critical to the continued functioning of the court-appointment of additional judges, improvement of court facilities and judicial salary increases. Filling Judgeships Some $10.1 million of the $69.58 million is requested to fill 30 judgeships-19 in the Court of Claims and 11 in the New York City Civil Courtwhich were previously authorized by the Legislature in 1982, but went unfilled by Governor Carey. With respect these positions, Fales said "there are simply not enough judges to do the job, and these positions are sorely needed to prevent the ever-mounting caseload from becoming jammed at the courtroom door." to Increasing Judicial Salaries The Court System has also requested $20 million for judicial salary increases. Pointing to the report of the Temporary Legislative Commission on Judicial Compensation, Fales noted that judges have been left behind in salary increases. "Since 1975 Executive Branch salaries have gone up 100 percent, judicial salaries only 33 percent," he said. Recently, there were 78 per- sons in the Executive Branch who made more than a Judge of the Court of Appeals. Now there are more than 110 Coun- ty employees in Nassau County alone who earn more than a Justice of the Supreme Court. "The judges deserve a salary increase," he said. Fales referred to the study commissioned by the NYSBA which indicated that New York's judiciary must attract and retain members of the highest caliber if justice is to continued on page 10 The Latino, Asian, and Native American Law Students Association is happy to announce that elections for Board Member positions were held on February 1,1984. The results of these elections are as follows: •Alberto Benitez President •Caria Reynolds Vice President Daniel Figueroa Secretary • * Treasurer Dennis Ng WITH ADDHIONAL $75! LAST DAY TO SIGN UP WILL BE MARCH 9th TENTATIVE LECTURES WILL BE ON »» MARCH 11th and MARCH 13th I EXAM WILL BE HELD ON»» MARCH 15thl IRVING YOUNGER CPLR TAPE WILL BE SHOWN IN MARCH! \Q)IQJLIIUI I (212)594-3696 401 Seventh Avenue, Suite 62 New York, New York 10001 February 15,: 14*4 Opinion 9 �Law Society Joins With Human Rights Group University of Santa Clara Law continued from page 7 SUMMER PROGRAMS ABROAD The ILS is currently compiling a file on summer programs in international and comparative law. The following is a sampling of what is available for this summer. In most instances students wishing to participate must have completed at least one year of study at an accredited institution by this summer and must currently be in good standing. School Geneva/Strasbourgemphasis on public international law, humanitarian and human rights law; Tokyo-emphasis on comparative and international trade law; Oxford-emphasis on comparative law (tutorial) Hong Kong-emphasis on trade and commercial law These are generally six-week programs of moderate cost, (Santa Clara tuition plus room and board plus air fare). Addi- tionally, internships may be set by the student for up to two extra credits. University of San Diego Law School Paris-commercial law London- commercial law Russia/Poiand-East-West Relations, Socialist theory Mexico City-commercial, immigration law Oxford-mix Dublin-mix, human rights law That's Entertainment < Choose a Cultural Diversion Wednesday, February 15 Music: The celebrated Cleveland String Quartet, formerly in residence at ÜB, now at the Eastman School in Rochester, continues the annual Slee Beethoven String Quartet Cycle, 8:00 P.M., Slee Concert Hall, Amherst campus. The quartet, playing of four Stradivariuses owned by Paganini and now in the permanent collection of the Corcoran Gallery, will perform Quartet No. 5, Op. 18, No. 5 in A major and Quartet No. 13, op. 130 in B-flat major. Quartet members are Peter Salaff and Weilerstein, violins, Viola, and Paul Katz, cello. Tickets at $6, general admission, and $2, students, available in advance at Harriman Hall Ticket Office, Main Street campus, 8 Capen Hall, Amherst campus and at the door. Donald Atar Arad, Opus: Classics Live, broadcast rive over WBFO (FM 88): Flutist Rhonda Schwartz, guitarist Leslie Kainz and Pianist Barbara Wagner, perform works by Poulenc, Ibert, Giuliana and Demillac, at 8:00 p.m., Allen Recital Hall, first floor Allen Hall, Main Street campus. Thursday, February 16 Dance: The Zodiaque Dance Company opens a show of new works choreographed by company directors Linda Swiniuch and Tom Ralabate, along with Tressa Gorman, Eileen Lamber, Katherine Arnott, Terry Ann Umanoff, Susan Gordon and Kurdziel-Formate, at 8:00 p.m., U B Center Theatre 681 Main Street, Buffalo, The production, which marks the tenth anniversary of the company, is entitled "Fantasy," and features works set to a variety of composers and wideranging themes and artistic inspirations. Tickets at $6, general admission, and $4, students, available at all Ticketron outlets and at the door. Lyrtne Photography Exhibit Opening: A show of theatre and dance photographs by Irene Haupt opens with the beginning of Zodiaque Dance the Company's tenth anniversary show. Center Theatre Lobby, 681 Main Street Buffalo. Haupt is a noted area theatre and dance photographer whose photos have appeared in the New York Times and Saturday Review, as well as in many Opinion 10 Buffalo publications including many published by U B, where she does frequent freelance work. Lecture: Photographer Susan Eder, whose photos are being exhibited in the " Common Demoninators" show in Bethune Gallery will discuss her work at 8:00 p.m., in the gallery, 2917 Main Street near Hertel. Walter Fauntroy, Non-voting representative of Washington DC. in the U.S. Congress and civil rights leader, is tentatively set to speak at 7:00 p.m., Slee Concert Hall, Amherst campus, in a "Black History Month" event sponsored by the Black Student Union. Admission, $.50, Students; $1, non-students. Film. Christmas, Mr. Merry Lawrence, 4:30, 7:00 and 9:30 p.m., Woldman Theatre, Norton Hall, Amherst campus. Admission, first show only, $1.50, students; $2.50, non-students. Later screenings, $1.75, students; $2.50 non-students. Friday, February 17 Lecture: Paul Sharits, professor in the U B Center for Media Study, and an internationally known filmmaker, will lecture on surrealist painters Marcel Duchamp, Salvador Dali and Man Ray and will screen a film by each, 8:30 p.m., Albright Knox Art Gallery Auditorium. Part of the "Evenings for New Film" series sponsored by the gallery. Sharits is also a painter and sculptor whose works have been exhibited at the Albright Knox and at the Whitney Museum in New York. Dance: The Zodiaque Dance Company presents "Fantasy," 8:00 p.m., U B Center Theatre, 681 Main Street, Buffalo. See February 16 listing for details. Music: The Buffalo Baroque Ensemble, formed in 1983 and dedicated to the performance of music of the baroque and classical periods, performs works by J.S. Bach, Telemann and Couperin, along with works by lesser-known composers, at 8:00 p.m., Katharine Cornell Theatre, Ellicott Complex, Amherst campus. The ensemble uses period instruments; members are Deborah Creitzer, baroque violin, Joyce Phillips, baroque flute, Nancy Bren, viola da February 15, 19»4 gamba, Robert Klakowich, harpsichord, Jocelyn Alaimo, soprano, and John Kascprowicz, tenor. Tickets at $5, general admission; and $2 students, are available at Har- riman Hall Ticket Office, Main Street campus, 8 Capen Hall, Amherst campus, all Ticketron outlets and Black Mountain College II offices, 451 Porter Quadrangle, Ellicott Complex, Amherst campus. Film: Merry Christmas, Mr. Lawrence, 4:30, 7:00 and 9:00 p.m., Woldman Theatre, Norton Hall, Amherst campus. See February 16 listing for details. Three films: Third From the Sun, A Passage for Trumpet and Girl with Hungry Eyes, Midnight, Woldman Theatre, Norton Hall, Amherst campus. Admission, $1.75, students: $2.50, non-students. Saturday, February 18 Cultural Festival: Chinese Night, cultural program offered by the Chinese Student Association, 8:00 p.m., Slee Concert Hall, Amherst campus. Admission. For information, call 636-5417. Dance: The UB Zodiaque Dance Company presents "Fantasy" at 3:00 and 8:00 p.m., Center Theatre, 681 Main Street, Buffalo, See February 16 listing for details. Film: Twilight Zone, 4:30, 7:00 and 9:30 p.m., Woldman Theatre, Norton Hall, Amherst campus. Admission, first show only $1.50, students; $2.50, nonstudents. Later screening, $1.75, students; $2.50, nonstudents. Three films: Third from the Sun, A Passage for Trumpet, and Girl with Hungry Eyes, Midnight, Woldman Theatre, Norton Hall, Amherst campus. See February 17 listing for details. Temple University Law School should be taken up with the Athens, Rome, Tel Avivadministration separately, as it is not automatically granted. primary focus in each is comOn Thursday, February 23, parative/international law, but each session is also integrated the ILS will sponsor an open withthe host country's legal in- house for all those students institutions. terested in studying abroad University of the Pacific, this summer. (Room 113 from 12 to 3:00 in the afternoon.) McGeorge Law School Edinburgh-International FILOMENA CLAROS Business Transactions The recent kidnapping of Salzburg-International Salvadorn law student Filomena Claros is an issue Legal studies that we, as fellow law students, Budapest-East-West Relations should take to heart. As some All are three-week sessions. already know, Claros, the with secretary-general of the law Other programs McGeorge offer the possibility students' association at the of post-JD study as well as in- University of San Salvador, ternships with foreign legal was abducted by unknown peroperations of public agencies, sons while walking in company legal departments, or downtown San Salvador. There private firms located in is evidence that she had been Austria, Belgium, Denmark, receiving threats for some England, France, Germany, time, as a result of her work at Ireland, Italy, Netherlands, the law school. A form letter Spain, Sweden, Scotland, or requesting that steps be taken Switzerland. to secure her release-or at the Some other programs being very least to make publicly offered this year include two known her present physical three-week sessions on private condition-is available at the and public international law at ILS Office. Please find the time the Hague Academy of Inter- to stop by and send one out. national Law (scholarships JESSUP COMPETITION The ILS regrets to announce available in certain instances). Southwestern University that due to a mix-up on its part, School of Law is offering a six SUNY Buffalo will not be week program at Zhongshan among the participants at this (Sun Yatsen) University in the year's Jessup International city of Guangzhou (Canton) Moot Court Competition. China, focusing on interna- Although a team had already tional trade law. The Universi- been selected (Mary Gehl, Pat ty of Houston Law Center is ofHiggins, and Craig Shields), the fering a month-long Mexican entrance fee was not submitted on time and as such we Legal Studies Program in Mexico City. Also, the University of have been denied the opporSan Francisco Law School is tunity to participate in this again offering its program at year's event. The situation is Trinity College, the University especially regrettable in light of Dublin, focusing this year of the past experiences U/B on individual rights and liber- teams have had, not only in ties, labor law, comparative preparing themselves for the labor law, and evidence. competition but in meeting Since these programs are other students interested in inABA approved, participants ternational law. We would like may receive anywhere from to take this opportunity to exthree to six credits (eight with tend our sincere apology to the an additional internship) in team members and all others many instances tranferrable to who took the time out from a degree of Juris Doctor. busy schedules to submit Residency credit, however, casenotes. State Bar Argues For Court Funding continued from page 9 be administered competently and fairly to all litigants. The study recognized New York's current fiscal concerns, but stated that the people would be the ultimate beneficiary of actions taken by the Legislature to ensure a fairly compensated judiciary. "Viewed in this manner," the study .said, "judicial salary increases are a sound investment toward the maintenance of a sound judicial system responsive to the needs of the people." To face the mounting branch of government can carry out its mission is best demonstrated by approving a budget which has been reasonably justified," the study concluded. "The Governor claims the judges should do more with less, and they have," said Fales. "We are now at a point where there are so many cases clamoring to be heard that it is hard to get anything done," he added, noting that "it is impossible to try 2,245,000 cases a year; but if only a very small portion gets reached for trial, nobody settles and nobody pleads. Instead they make motions and add to the burdens of the courts. We are getting to that kind of grid lock." He pointed out that judges cannot Sunday, February 19 Dance: The UB Zodiaque caseload, the courts have been presents shifting resources, through Dance Company "Fantasy" at 3:00 p.m., UB such programs as the transfer Center Theatre, 681 Main of judges to New York City and Street, Buffalo. See February from civil to criminal calendars. "But shifting judges from 16 listing for details. Music:Marjorie Lord, pianist, a busy court to a busier one refuse to take cases because gives a M.F.A. recital at 8:00 merely defers problems, and they are too busy and they canp.m., Baird Recital Hall, Room emphasizing criminal case not give less than due process dispositions penalizes the to litigants. 250, Baird Hall, Amherst cam"The bar is adamant that the average civil litigant," the pus. out. courts be no longer starved for Twilight study pointed Zone, 4:30, Film: 7:00 and 9:30 p.m., Woldman "It is simply not enough to funds-1.5 percent of the state Theatre, North Hall, Amherst tell the courts that they must budget is too little to accord to campus. See February 19 do things better and faster. the third branch of governConfidence that a co-equal ment," Fales concluded. listing for details. �NON-SENIORS > * -. ■ ■ — ■ ■* SAVtn MARCH IS THE MONTH! THE COMPLETE PACKAGE OF NON-SENIOR EARLY ENROLLMENT ADVANTAGES WILL ONLY BE OFFERED UNTIL MARCH 16 . £% M 4 11*CT £%/" %Sfc^ -w-^* _ ** •"» _ Since most of you will eventually take a bar review course, it makes sense to enroll now in BRC, the nation's fastest growing bar review course and receive early benefits. You pay only a $50 down payment, and receive the following: -m r-^ f\Y\ k^^\^Vr*m. «• (m _^ V AQI« Wfllgfl ATIfC kjlUUVllltJ A Vill ScIVC _ - . jVIOnCV J AnCl .BRC OUTLINES THROUGHOUT LAW SCHOOL: Pre enrollment in BRC entitles you to BRC Law Summaries, the fines! bar review materials available., for use during law school. These Law Summaries are replaced with a new, revised set when you begin actual bar preparation in our course. -JOSEPHSON ISSUE GRAPHS (JIGS): Special visual study aids—very popular! •GUARANTEED COURSE PRICE: Stop inflation! By enrolling now, you assure yourself of your bar review course at existing prices. *BRC "BUDDY BUCKS": Our "Tell a friend" campaign entitles you t0 J2° for emch friend wno «nrol|s with BRC. Our Campus Reps have Buddy Bucks for distribution. *BIC DISCOUNTS ON CES MATERIALS: First and second year enrollecs will be entitled to at least a 10% discount on all CES legal study aids, including the "Sum & Substance ofLaw" books and leeture casiette tapes, written and delivered by tome of the nation's most outstanding law professors (many author the major required . RCCCIVC C*r\X\ timinil C Qlinnnrt Uu iDULjJ^JyJL I ft 1*rOm v ■ lr\ o or%V> n r\-n /^"C C /"D T? /""* , JUDCpIISOII VxXZ/O/JDIVV^ _ '. _, . FineSt Academic Learn a A fy| pmpn /xlllt'l 1 \*<X c O X lllWl rxvttuviiiiv m. wmxaa i I | V "^'// \ V: 1 = M S n>N x^ ~%«-• %^^^ aV\\^% ItlliM ' I law school lexu). 'EXAM WRITING LECTURE CASSETTE: First year enroDees receive valuable "How To Write Uw Schol Exams" lecture by Professor Michael Josephson (Standard C-90 audiocassette) FREE MULTISTATE PROFESSIONAL provides special Law Summary, lecture «■ and testing (or BRC enrollees at no extra — Marino-josephson/BRC "m Bi. niiilß^a^l^^»>iiiin« 10 East 2lßt St,RM. 1206. NY, NY, 10010 4^T RESPONSIBILITY COURSE : In states requiring the MPRE, BRC cost.(ssoto non-BRCenrollees). 1 T MMfRI bW *__ 212/505-2060 Wbru^y'lS'/f*«<l OptH^h 11 �Today's NBA Stars Superior to Yesteryear's by Randy Donatelli higher. No such talk was heard around the NBA^ years ago. Today's players are so big and jump so well that dunking the ball through a ten foot hoop is not as challenging as it used to Baseball fans often argue that the ball players of yesteryear are better than the players of today. Others have been heard to say "Ty Cobb be. would only be a .320 hitter if he played today" and "the '76 Shooting Averages Reds could take the '27 Not only are today's players Yankees in four straight." Both bigger, stronger, faster, and sides in these debates can better jumpers than the oldmake persuasive arguments, time players, they are also far but the same cannot be said if better shooters. It is time that the topic of the debate is pro we examined some statistics basketball. There is absolutely that pretty much speak for no doubt that the quality of themselves. In 1954 the league today's players, on the whole, shooting average was a is far superior than that of players of thirty, twenty, or even ten years ago. If you have ever seen films of NBA games of twenty years ago, then you will no doubt agree with my claims. An obvious change in the quality of the game is displayed in the increase in player size over the years. Thirty years ago the average player was 63"; today the average height is 67". Let's face it, basketball is a big man's game, and big players more often than not can dominate smaller players. Today, players 67" and taller play the guard position with ball-handling and shooting skills that would make the "skilled little men" of bygone days envious. Today's player is far superior in the category of athletic pure ability, particularly in the area of jumping ability. Recently, there has been talk of raising the rim to twelve feet or even composite .371, with the high team at .400, and not a single player in the league shot .500 or better. In 1964 the league average stood at .433, with the high team at .453, and only three players shot better than .500 that year. By 1974 the league average had risen to .455, with the high team eft .492. Today, the league average is .497 and many teams shoot better that .500. In fact, about half of today's players shoot .500 or better, including many guards who rarely take inside shots. The phenomonon of guards shooting this well dates back only a few years. Those who claim that they played better defense in the old days simply ignore the fact that the league shooting average has increased virtually every year since the birth of the NBA. Free-throw percentages are the most objective of statistics because success has nothing to do with exceptional size, speed or other assets of today's players, but even still, these percentages have risen steadily and significantly over the years. So, can there be any doubt that today's players are better shooters? Celts: Case in Point Allow me to make one more comparison. Let's match up the NBA champs of '73-74, the Boston Celtics, with the '83-'B4 Celtics, to further support my claim that the quality of play has continually increased to the extent that there has been a noticeable improvement even in the last ten years. At center the 74 Celtics had Dave Cowens, the '84 Celtics have Robert Parish. Cowens was a fierce competitor and a great player by anyone's standards but, at 69", he would be too short to play center in the NBA today. Parish is 7'o" and is a better shooter and shotblocker than Cowens ever was. I'll concede John Havlicek at forward over Cedric Maxwell but at power forward Larry Bird is better than Don Nelson and Paul Silas combined. I would even claim that Bird is a better small forward than Havlicek was. Bird is a better shooter, he is the best passing foward in the history of the game, and he is four inches taller than Havlicek. Even though the Celtic guards of '84 are not spectacular, they are at least as good as Don Chancy and Jo Jo White. In addition the '84 Celtics can bring the great Kevin McHale off the bench to play forward or center. The 74 Celtics had such losers as Henry Finkel and PASS WITH PIEPER The Pieper seminar is now the "hot" bar raviaw count in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word - ask our alumni. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 LIMITED ENROLLMENT Jim Ard to come off their bench to spell Cowens and co. In short, today's Celtics could blow the 74 Celtics right off the court, not to mention what would happen if a team of today played any team from 1964 or 1954. Wrestling Fever- It's Contagious by Pudge Meyer Yes sir, I'm on my way. I've finally landed solid on the first rung of that infamous ladder that leads up to success. The first rung is called Recognition, and the second is Respect. The cash is on the third rung. A three-rung ladder may seem easy to climb, yet the rungs are so very far apart. My recognition has come thanks to the most aristocratic of sports: Professional Wrestling. People from all walks of life have approached me with such news as " I saw wrestling over the vacation" and "What do you think of the new champ?" It is then that I became wrestling's Ambassador to Buffalo. Recognition isn't always a good thing. Of course, it's nice to walk into a place to get a haircut and have a half-dozen people yell "It's him-the wrestling guy!" But it gets to be a pain having to answer questions while I'm getting a shampoo. At least they could wait until I get in the chair. And even today, in 1984, there are the two in ten who for some reason or another still refuse to recognize wrestling as the great sport that it is. To this group I can only say this: sooner or later we're gonna getcha. I can sense that I'm approaching rung number two in the race for wrestling respect. On Tuesday night, February 7, at the Buffalo Aud, no fewer than twenty-nine people (not including undergrads) joined me at ringside. I get great satisfaction accompanying first-time viewers. Sometimes they said "It's so much better than on t.v." But usually they just sat there with their mouths open. And by the third match they were screaming as loud as I was at the collection of talent that graced the Queen City that fine Tuesday evening. What have we done to deserve the presence of Andre the Giant, Ivan Putski, Santana, Murraco, Atlas, Johnson, Fuji, Saito, the Sargeant, the Superstar? But don't answeryou also get a midget tag team match. Now how much is it worth? The price of a movie? Three movies? And wait—l'll throw in a free program. You get all this for $7-$9. And the best part is, its's not a once-ina-lifetime offer. Boxer Shorts Donald Curry looked impressive in his win over Marlon "Lone Star" Starling to retain his WBA Welterweight crown. The victory was worth $250,000 and a chance for big money against Hearns or Duran... ...Whether or not it will happen, you've got to like Hagler: "If Leonard's stupid enough to climb into the ring with me, I'm mean enough to tear his eye out." Advocates On Ice Still In First by Al Bozer Wheatfield, Feb. 6--Advocates on Ice, the official law school hockey team, this evening pushed its season record to 5 wins and 1 loss with a win over the unmentionable No Names. By a tight score of 2-1, Capt. Al Bozer and his Advocates retained their tight hold on first place going into the last two games of the season. "The issue was in doubt to the end," remarked Capt. Bozer. "It was only the fine ("Ironman") work of Tom ("Sterling Nets") Grue that kept us in there. One seldom sees such acrobatic actions; he bounced from poleto-pole like Schlegel on a good day." The game started off with fine forechecking by the law school ice heroes. Forwards Ken Moscowitz and Bob Spagenthal kept the pressure on the No Names so that the puck was rarely out of their end. Meanwhile, left-winger Jim ("Pinko") Navaugh picked up the scoring slack left by injured center Kevin ("Cretzky") Szanyi. Navaugh scored twice on nearlyimpossible angles. "The guys were encouraging me," said Navaugh. "I had to come through. Capt. Bozer in particular was kicking my ass to score because I've had a dry spell." Indeed, it appeared that Capt. Bozer had his team at a frenzied level of intensity. Paul ("The Silent One") McCrath several times' led rushes down the ice, while Pete ("Man Mountain") Bradley played his usual solid game of defense. Problems appeared when Jack (La) Lane was ejected twice and the Advocates were forced to play short. "I thought those calls were out of hand," said Lane. definitely (La) "They were premature Even so, the defense held strong and allowed only one power play goal by the No Names. In the last few minutes of the game, the Advocates started to let up. Grue found the puck being batted around with their sticks- up, failing to handle the situation," said Grue. "The other team kept trying to shove the puck past the goalmouth. I dropped on my knees and pushed it out several times, and the final thrusts were ours." The Advocates look forward to their next two games. They ejections." will be home at Sabreland. Student attendance is encouraged. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-02-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/15/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:52:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/60e21c22f0397665f86d84ee13185660.pdf 8d94346ab5083583777d2ee3073d2dd5 PDF Text Text Vol. 24:7 OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 1,1984 Mahoney Returns To U/B As Criminal Procedure Prof by Wendy Cohen "I thought it would be an interesting opportunity to recon- Dean Headrick's glad to be back. File photo Back From England, Dean Plans To Stay by Wendy Cohen After a summer and fall spent researching the social and economic origins of real property law at Oxford Univer- sity, Thomas Headrick has returned to resume his position as Dean ofthe U/B Law School, saying simply, "I'm happy {to be back." Headrick's research focused on land transactions in medieval England from the late eleventh to the early sixteenth century, beginning with The Doomesday Book, the first recorded evidence of landholdings in England. The Doomesday Book, dated 1086, evidences the roots of the complicated system of relationships underlying the feudal land system, as it surveys the holdings of "barons," French warriors brought to England by William the Conqueror to soldrfy his position. Headrick noted that in the last 25 years, much new evidence on the use of land and the development of real property law has been uncovered, which was not available to earlier authorities on the subject such as Holsworth, Pollack, and Mason. In the library at Oxford University, Headrick found translations of land transac- tions, beginning late in the twelfth century during the reign of Richard the First, and continuing until the early sixteenth century. He examined between 700 and 800 of these transactions from four different regions of England in order to learn more about who was transferring property to whom and for how much money; how property was divided between family members; and how future interests were established. To check the accuracy of the translations, Headrick also examined original records at the Public Records Office in London. Headrick also took his place in the scholarly community at Oxford University, becoming a member of the senior common room at Lincoln College, attencontinued on page 6 sider fundamental aspects of the body of law I deal with every day,'" stated Buffalo lawyer Mark Mahoney, explaining why, ten years after his graduation from U/B Law School, he has returned to teach Criminal Procedure. Mahoney, an attorney with the firm of Diebold, Bermingham, Gorman, Brown and Cook, is well known in Buffalo for his defense of several highly publicized cases, including Joseph Christopher, convicted of being the ".22 caliber killer," whose case is now on appeal, and two Irish nationalists arrested in 1982 for offenses related to their attempt to enter the country. His prior teaching experience in- cludes conducting seminars as Chairman of the New York Bar Association Criminal Law Committee, and conducting a Trial Technique section for thirdyear students last semester. Reflecting on the difference between teaching a group of ninety students Criminal Procedure and teaching eight students trial technique, Mahoney said that the main problem is "communication." He added, "Fewer students will take the risk of speaking in class," when there are ninety other students present: The Criminal Procedure class is problem-oriented: the students are divided into small groups and work jointly on each assignment, whether written or for class discusssion, much as law firms work together. Mahoney hopes that the small group approach will help increase class participation, and says that he will get an idea from the written assignments Comparing U/B Law School how much material students today with the school ten years are absorbing. ago when he was a student, Mahoney's views on Mahoney noted positively that criminal law have been in- the school has retained its fluenced by the politically commitment to a grading volatile environment of the system that "doesn't enlate 60's and early 70's when courage self-consumptive he attended college and law competition for simple school. As an undergraduate at numerical superiority," and Notre Dame, Mahoney was a that the school still has the draft counselor, and the first capacity to attract better court action he was involved in quality students because of its occurred when the university low costs. He also remarked enjoined students from using that the school had not the placement office. Addi- become "stodgy" because it tionally, only two weeks after isn't trapped by a commitment he started law school in 1971, to any particular style. the Attica rebellion broke out. Although he feels law practice The Attica cases were the first is becoming increasingly major cases Mahoney worked specialized, Mahoney stressed on for his firm, (then known as the importance of a good core Doyle, Diebold and Berm curriculum, such as the one at ingham) after graduating from U/B, remarking "You can't law school. "It was not an at- specialize until you master the mosphere that would allow fundamental tools/ one to forget the importance Discussing his interest in of criminal procedure, in the criminal procedure, Mahoney struggle for a just society," Mahoney pointed out: "Rights that are continued on page 6 commented. Classroom Conflicts, Affect Exam Dates The Law School administra- O'Brian will be available for a tion plans to announce a major four-hour (exam-length) block revision of the spring final ex- any day of that week. amination schedule, in The exam schedule, which response to a scheduling con- will be revised to reflect this flict with undergraduate class problem, may bear no usage of O'Brian Hall during resemblance to the one the week of April 30, Associate distributed late last year, Dean John H. Schlegel anSchlegel indicated. He did not nounced last week. say when the revised schedule Since the Law School spring would be made available. semester begins and ends a The deadline for adding week earlier than that of the courses, even by forcerest of the University, registration, is Friday, February undergraduate classes are 3. More information about the scheduled in O'Brian Hall dur- exam schedule will appear in ing the first week set aside for the February 15 issue of The law school finals. According to Opinion. Schlegel, only one room in U/B Law School Hosts Mugel Competition by Mary Ellen Berger February O'Brian. 13 in Room 8 Participation Urged The Eleventh Annual Albert R. Mugel Tax Competition, sponsored by U/B's Moot Court Board, will be held at the Law School on March 9 and 10, 1984. This national Competition, which is named after one of U/B Law's alumni (class of 1941), traditionally presents a problem concerning two unresolved issues in the tax field which must be briefed and orally argued. This year's problem, written by Prof. Ken Joyce with "editorial and theoretical assistance from Prof. Del Cotto," concerns both the tax benefit rule and deductions for educational expenses and is available to all interesttd students until For the 1984 Mugel Competition, the U/B Moot Court Board has introduced a new requirement that all aspiring participants first compete in an Inschool moot court exercise. In past years participation in the Mugel was open only to Moot Court Board members who decided among themselves which teams would represent U/B. Increased student interest in the Competition, however, has necessitated this new requirement. Last year, one Moot Court and one non-Moot Court team argued for U/B. "Since we have such a strong tax program here at U/B Law and so many students in terested in the field, we feel it The Mugel Competition prois only right to open the Comblem has been mailed to law petition to non-Moot Court schools nationwide which have teams," asserted Dan Pease, either entered the Competition Director of the Moot Court in the past or requested inforBoard. This year, "simply the mation regarding participabest two teams of all in- tion. All schools have the opterested" will be chosen to tion of sending one or two twocompete against other schools person teams to argue at U/B, in the national rounds in and of deciding whether or not to conduct in-school competiMarch, added Pease. The in-school oral argument tion prior to entrance in the competition will be held on Frifinal rounds in March. Two day and Saturday, February 24 preliminary rounds of oral and 25. A letter of intent to arguments will be held on compete must be submitted by March 9, followed by a all participants by Monday, cocktail party for all comFebruary 13, at 5:00 p.m. Writpetitors, and quarter-, semi-, briefs which must adhere to the official Mugel rules regarding format are due on and final rounds will be held on March 10, followed by an awards dinner. The entire Friday, February 17, at 5:00 Mugel Competition is funded p.m. There is no fee for enby the $125-per-team entrance trance in the in-school comfee paid by participating ten petition. teams. Other Moot Court News Bill Hochul and Dan Pease, who represented U/B Law School at the National Moot Court Competition held in Syracuse, New York, in November, advanced to the semi-final oral rounds and were awarded Third Best Brief in the Eastern Regionals. The Competition problem concerned securities fraud and the Racketeer Influenced and Corrupt Organizations Act. Due to an administrative oversight, U/B will not be represented this year in the Jessup International Law Moot Court Competition. According to International Law Society President Chrys Vergos, the mandatory entrance fee did not reach the Competition organizers by the required date. �Vol. 24, No. 7 Wednesday, February 1,1984 Editor-in-Chief Mary Ellen Berger Managing Editor Ray Stilwell Financial Aid Update Work Study Grants Cut those excess hours and insure payment. At this point Bob Cozzie Business Manager: Work study cutback: As those however, the Financial Aid OfStaff: Robert Bursky. Leah Edelstein. Cliff Falk, Jeff Johnson, affected already know, the fice is firm on the question of Pudge Meyer, Robert Turkewitz, Jud Weiksnar, Steve Wickmark University Financial Aid office payment for houss worked in recently announced a drastic excess of the revised allocaContributors: Randy Donatelli, Jim Lagona cutback in the amount of tion after January 19,1984.how ■'- Copyright 1984, Opinion, SB A Any republication ol materialsherein is strictly proIn order to determine Work Study funds available for hibited without the express consent of the Editors Opinion is published every two weeks during the academic year It is the student newspaper of the State University the remainder of the current much money you have remainof New York at Buffalo School ot Law, SUNYAB Amherst Campus, Buffalo. New York school year. The effect of this ing in your own work study ac142b0 The views expressed in this paper are not necessarily those ot the Editorial count, subtract the amount is that persons receivcutback Board or Staff of Opinion Opinion is a non-profit organization, third-class postage have had received as of December 24, ing work study funds entered at Buffalo. NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Kees Composition & their allocations cut by 1983, as shown on your pay Design: University Press at Buffalo slip, from the amount showing 25-40%. up Accodirng to Cheryl on your notification letter as your revised allocation. If you Kishbaugh, Work Study CoorEditorial dinator for the University have any specific questions regarding this matter, you Financial Aid Office, the cutLetter to the Dean back was necessitated by a should call Cheryl Kishbaugh Dear Tom—Wished You Were Here much higher than normal rate at 831-3724 or see me. As the letter notifying of acceptance for work study We're sorry it took us so long to write, Dean Headrick. By the this year coupled with a higher students of the cutback intime we thought about dropping you a line and the time came for dicates, you may be able to obthan expected rate of placeactually putting it in the post, well, it was almost time for you to ment. In all, according to tain additional money from a come home! Anyway, a hearty "welcome back" is in order. Not Kishbaugh, the Financial Aid guaranteed student loan supthat we didn't appreciate every minute of Schlegel's temporary plement, provided of course Office over-allocated approxdeanship, mind you. (How about him teaching Sales and Secured $350,000. that you have not already imately on such short notice? The buck really must stop at the Dean's cuta full $5,000 loan for For Law the received students door.) We simply felt, and we've heard Schlegel to agree, that back means that many student the current year. Naturally this some things would just have to wait for your return. So before who had counted on working process involves reapplying for you get too busy with your deanly duties, we wanted you to be the bulk of their work study a GSL and waiting the up-to-date on what some of those important things were. during the second obligatory 8-12 weeks for your hours Let's start with the undergraduates; after all, it seemed that come out the biggest money. semester they showed up on the very day that you got back! We hate to losers. For One additional note: this reasons not yet say it, but this time they've gone too far. It's not just that they've Aid clear, made the Financial got classes scheduled in our classrooms; they've made our Office chose to reduce hallways look like the Kensington during rush hour. Moreover, students' allocations, not by a that we had that outburst of anti-semitic it's awfully coincidental uniform amount or even by an graffiti during their first week in the building; it's an absolute emequal proportion of the The public is invited to exbarrassment to have such conduct within the walls of our law .original allocation, .but.rather plore ."Current Issues in the school. We won't even mention the undergraduates in the library the students' allocations are Nuclear Weapons Era" in a but take our word: the solution to the exam schedulif this time, reduced 50% of the remaining free, four-part seminar series ing crisis (a story in itself) involves us having to take more out-ofbalanced theic atcount-as'of :to be offered at 51JNY at Bul-: class finals, we'll have a lot to complain about when it comes to December 1983. Thus falo. Sponsored by the the non-law school use of our library. If you walk through the students who24, worked 50% of American Medical Student that of have building, you'll see posted signs ina lot professors the Association and ~the, Western during the available hours dicating they've moved their non-law classes out of O'Brian Hall; so, since undergraduates don't belong here, and their professors •first semester lost 25% of their New York Chapter of Physitotal allocation, while students cians for Social Responsibility, don't want to be here, we think you've got a good argument for who had planned to work the seminars will be held from keeping the law school out of the university's square-footage 75-80% of their hours during 7:30 to 9:30 p.m. in Room G-26 solutions. Then there's the money situation. You've probably heard all the second semester—-as many Farber Hall on U/B's Main about the way the University screwed up on the work-study pro- Law students do —stand to Street campu,s. According to gram, and you may have heard some of the proposals for dealing lose up to 40% of their original seminar coordinator Dr. Tim Feature Editors: Wendy Cohen, Andy H.Viets by Steve Wickmark cutback should not significantly affect summer 1984 work study funds. Additional Financial News Please note that February 28, 1984 is the last possible day to have your applications in for 1984-85 financial aid. This includes only NDSL and Work Study —not TAP, SUSTA of CSL. Applications are available in this office (Room 314), at A & R, and at the Financial Aid Satellite Office in Room 232 Capen. Summer 1984 Work Study is included in this application. One more note of particular interest to third year students. Sallie Mac, the Student Loan Marketing Service,, is temporarily out of business. It is expected that by graduation time they will have been rechartered by Congress, but you' should expect that the new terms available to students interested in their services will not be as favorable as in the past. I will keep you informed of further developments. Explore The Issues •• with it. On the long-term agenda, you should give serious consideration to a proposal Steve Wickmark has mentioned to us, whereby the Law School would have more direct control over financial aid distribution among law students. With this control would come extra responsibility for processing, of course, but we think it a fair trade. (Maybe you could get work-study students to do the paperwork.) More immediately, we'd like to know what the proposed state budget has in store for us. Since we're the only program of our kind in SUNY, often we're lost in the shuffle; right now, we don't know if tuition is going up next year, much less by what amount. Naturally, we hope you'll do everything in your power to prevent or limit any increase. It'd also be kind of nice to know how much SUSTA will be awarded before the school year begins; it's now February and we still don'tknow how much this year's SUSTA is worth. On the expenditure side, we're looking forward to providing open forum for you, the faculty and the students on the subject of where money for faculty and support staff should be added and cut. In particular, a lot of us think that the Clinic and Trial Technique programs are not places to apply the knife; we'd even like to see them expanded. Was that you we saw down on the third floor last week, hanging around the Job Board? We appreciate your interest in our futures; as the New York City program and "Upstate Consortium" showed, this year isn't the rosiest of all time. We wonder (and perhaps you should) whether the "Career Development" office has changed its priorities in response to the current job climate. Sure, they're running resume-writing workshops again, but wouldn't it be nice if there were similar workshops for interviewing and other aspects of the selection process? What ever happened to the Model Law Firm program, a feature that once distinguished this place from the "garden variety" law school? (These days, the part-time clerks and ex-paralegals are the only ones with hands-on exposure to actual legal practice.) How about a word-processor or two (or three, or four.) that everyone in the school could use to mass-produce cover letters like only a few may now do? We are fully in favor of any other improvements, provided that they will be for the benefit of all students using the school's placement services. We cannot ascribe to anyone's "trickle-down" theory, and we hope you won't, either, when it comes to our future placements. We could go on, but we really must close. You are, as always, welcome to respond in or out of our printed pages. Pip-pip and tally ho, Mary Ellen Ray Wendy Andy Bob 1, February 1984 Opinion 2 allocation. Although the notice to students was dated January 19, 1984, the letter states that the cutback is/was effective as of December 24, 1983. In the unusual event that some students managed to work enough hours during the break to put them over their revised allocation, the Financial Aid Office has agreed to honor -Letter- Moot Board Commended On Desmond Byers, assistant professor in the U/B Department of Social and Preventive Medicine, the series will focus on topics ranging from the biological and psychological effects of nuclear weapons to arms control and nuclear weapons systems. Speakers and topics for February 1 are U/B professor of psychiatry Dr. Norman Solkoff on "Despair, Denial and Holocaustic Thinking" and Richard Herskowtiz, director of Disaster Preparedness Planning for New. York State on "Emergency Management and Nuclear War." "Weapons Delivery Systems and the Strategic Balance" will be discussed February 6 by Walter Simpson, U/B energy conservation officer, followed by U/B professor of political scjence Dr, Jerome Slater who will speak on "Counterforce Strategy and U.S. Defense Policy." The final seminar .on February 15 will feature Dr. Francis Lestingi (Ph.D.), associate professor of egoscience at Buffalo State University College, on "Arms Control: Some Lessons From History" and James Mang, dfrector of the Western New York Peace Center, on "Current Arms Control Efforts." Appreciate The Arts There is life outside of O'Brian Hall, and culture enthusiasts have many options to choose from when study steam flags: Wednesday, February 1 Music: The renowned Cleveland Quartet, formerly in residence at U/B, will open the the faculty of the Eastman School of Music, the Cleveland Quartet regularly tours the United States, Canada, Western Europe and Japan, To the Editor: and has also been heard in South America, New Zealand, I would like to^ake this opAustralia, Turkey, Israel, portunity to thank the Moot Greece and Yugoslavia. Court Board for its extensive second' installment of this Quartet members are Peter efforts in seeking minority and season's Slee Beethoven String Salaff and Donald Weilerstein, female attorneys and judgesto Quartet Cycle at 8:00 p.m., violin, Atar Arad, viola, and participate in judging this Slee Concert Hall, Amherst Paul Katz, cello. The year's Desmond Moot Court campus. The much lauded Cleveland will play the Slee Competition. Being both a quartet played a Presidential concerts on four of Nicolo female and a black cominaugural concert at the White Paganini's own Stradivariuses, petitor, I appreciated seeing House and were the first four remarkable instruments black and female judges. The classical artists invited to per- included in the permanent colracial and ethnic minorities in form on the Grammy Awards lection ofthe Corcoran Gallery the law school may be few in telecast. They will perform of Art in Washington. Tickets number, but it is good to know Quartet No. 11, Op. 95 in F are $2 for students, available that our presence is noticed, Minor; Quartet No. 6, Op. 18, at Harriman Hall Ticket Ofconsidered, and acted upon. I No. 6 in B-flat Ma/or;and fice, South (Main Street) camhope the Board will continue Quartet No. 15, Op. 132 in A pus, 8 Capen Hall, North these efforts. I will be glad to Minor. The Cleveland's RCA (Amherst) campus, and at the help in any way I can. releases have received six door. Thank you Grammy nominations and Opus: Classics Live, concert Deborah Marie Williams "Best of Year" awards from of Mozart compositions broadSecond Year Law Student Time and Stereo Review. On continued on page 4\ ' �Commentary? This Law School and Its "Enlightened" Left by Randy Donatelli adhere to one or more of Con/torts, "make the arguthe following: Feminism, ment" in the best "enlightenSocialism, Pro-Labor symed" tradition. Remember that pathies. Affirmative Action, in Property, private property is Cay Rights, Free Speech, not legitimate—and besides, Walter Mondale or Phil we all know that most private Donahue. property is owned by those bad guys that were described in the second paragraph. In If you want to be popular Criminal Law and Procedure, with the women in the Law the are Fascists and police School, all you have to do is criminals victims of a are keep one ear finely tuned to that society left them with no male law the students and pro- choice but to rob and kill. In fessors and wait for them to Law keep in Constitutional of say "girl" instead "woman." As soon as they do, chastise mind that the Equal Protection them in front of everybody for Clause is a panacea for socieproblems, and a command being insensitive male ty's chauvinists and for wanting all for a perfectly egalitarian society. Labor Law heroes are women to be barefoot, pregthose who know that the etc. nant, workers really own the factories and that the manageClassroom comments by ment wants to reduce "enlightened" students are minimum wage to a nickel an really the stuff that hour. In Family Law make sure heroes/heroines are made of. If to advocate sex-neutral the class is Contracts, language, homosexual marremember that a contract is a riages, and other such things. coercive device between parnot It's actually quite simple. All you have to do is follow the popular wisdom as expounded by this school's more enlightened students and faculty members. Remember, that to be a hero/heroine, you must be "enlightened." First of all, let's get some of the basic axioms down pat. Always remember that the bad people of society are white males, gays not included. If these guys had their way all women would be barefoot, pregnant, and in the kitchen; rape would be legalized; and minorities would be given a one-way ticket to their native lands, except, of course, American Indians who would be shot on sight. It's a good thing that there are places like U/B Law School to expose these awful truths. The second axiom to remember is that there are really only two types of people: the "Enlightened" and the "Fascists" (also known as con- servatives, Republicans, or Reaganites). Usually you can spot a Fascist a mile away. Fascists are those guys who do Meanderings than ten minutes. students and faculty members These resolutions should have are free thinkers who would little or nothing to do with the never dream of inhibiting the Law School and should have expression of viewpoints that strong anti-Reagan flavor are contrary to their own. So if (meaning, of course, anti- you are not yet enlightened, Fascist). this is your chance to become Finally, always remember a Law School hero or heroine. that the "enlightened" It's really very easy. to no more Political Commentary Enacting Liquor Bill Not Discriminatory by Robert Bursky of inhaling smoke from cancer sticks? NOW would probably say "yes" because, while both men and women smoke, only the latter become pregnant. If anyone or any group is guilty of abuse, it is NOW. Its utilization of a highly judgmental word ("abuse") to make a predominantly emotional argument distorts the true purpose and effect of the bill. Recently, New York City Mayor Ed Koch .put his signature on a bill requiring bars, liquor stores and restaurants to post warnings that drinking during pregnancy can cause birth defects. While there may be valid reasons to oppose enactment, the arguments advanced by the The ACLU believes that the National Organization for ties of unequal bargaining Women and the American bill reinforces "half-truths" power which is advocated and Civil Liberties Union are ill- and "inaccurate stereotypes enforced by the state. The law To be an SBA hero/heroine conceived (no pun intended). which are harmful and deof Torts evolved to protect the all you have to do is propose NOW's primary concern meaning to women." What are wealth of Capitalists against resolutions, but in so doing stems from an allegation that these falsehoods and inacthe claims of those they have remember not to put it on the the bill protects the "unborn at curacies? That drinking can't exploited. If the' class is agenda and to limit discussion the expense of women's harm a fetus? The medical profreedom." This is an erroneous fession is convinced otherwise. statement. The bill in no way That only women can become prohibits pregnant women pregnant? The proposition has from ingesting alcoholic remained unchallenged since substances, nor does it the advent of designer figauthorize owners of leaves. Such radical positions do establishments serving liquor Upon the advice of a friend, fered me a cup of coffee to refuse to do so on the basis nothing to further the women's before departing for the land (decaffeinated) which I im- of pregnancy. As Koch noted, movement, but rather discredit of sunshine and warmth (I had mediately proceeded to spill the bill is merely an attempt to it in the eyes of marginally nearly forgotten what they all over my pants. It was at educate the general public sympathetic people. Indeed, it were like), I purchased two that point in my life that I (and not just women) about the is the case that even those fulproperly conservative looking discovered that coffee does potential adverse consely in tune with the goals of the suits (one gray, the other a dark not look particulary well on a quences of drinking while movement are turned off by blue pinstripe). To say the gray suit. Luckily, though, I pregnant. The issue is not one these unduly provocative least, I found myself to be a was early and had time to dry of discrimination, but of infor- stances. Instead of alienating off. tad overdressed. mation. Rather than inhibiting actual and would-be supThe secretary at the first This second interview ac- women's autonomy, the bill porters in this manner, NOW firm I interviewed with was tually consisted of meetings facilitates it by enabling and similar organizations very pleasant. with four members of the firm, women to make an informed should widen their support "Would you like something one after another, lasting a decision as to whether they base by attacking unfavorable to drink or munch on while you total of about two hours. None should drink while pregnant. A legislation through arguments wait?" she asked. of them wore a jacket and two woman is free to ignore these that are less extreme and "A cup of coffee would be hadn't bothered with shoes. warnings and may choose to which appeal to more people. Only one was wearing a tie, literally drink her fetus out of In the the present case, NOW nice," I responded. should have voiced its objecShe looked at me with and rather loosely at that. Once existence. disgust. "Caffeine is bad for again I was seriously overNOW also contends that the tion to the bill on some right to your body," she said. "But we dressed. Nevertheless, it went bill will not protect women in privacy theory as opposed to do have carrot juice and pretty well. They hardly asked public places where "they are one based on discriminatory avocado slices." any questions at all about how likely to be subject to abuse." treatment of women. When this approach is I passed on that and sat cold it is in Buffalo. Overall, I What kind of abuse is NOW down to wait, perusing a copy was rather pleased, and I think referring to here? Physical? taken, the women's movement of the only magazine the firm with some reason: at the end Mental? Emotional? Is this bill will cease to be bogged down seemed to subscribe to, my final interviewer said of our any worse than a law requiring in its quest for more political meeting, "It's been real." You the Surgeon General to warn clout by its own shortCalifornia Surfer. This was a firm which dealt can't get a better comment the public about the dangers sightedness. than that from a Californian. primarily with insurance companies. I figured that my new I would guess that my WORD blue pinstripe would be chances of getting one of these jobs is slim to none, but it was perfect. Wrong —my interPROCESSING TYPING viewer was dressed in a beige a good excuse to leave this suit and sandles (with no tie). frozen wasteland known as Your Future Can't Wait Much Longer Creat—l was dressed for a New York for a while. The profuneral and he looked ready blem with the weather in this It's time to start preparing for your career after for a California cocktail party. part of the country, of course, law school. Prototype can help you send your well, that though everyone talks is The interview went pretty letters of application to prospective employers in though the gentleman seemed about it, no one ever does how about more interested in cold it anything it. I suppose, law firms and corporations. Our computer is in Buffalo than in any however, that we must accept technology provides custom-typed, professional qualifications I might have for nature for what it is, though I quality cover letters and resumes at prices often a job with his firm. For the tend to agree with what lower than traditional typing services. most part, his inquiries were George Sand once said: "I have Complete Editing Capability along the lines of "Isn't your no enthusiasm for nature No need for retyping when editing drafts morning when the slightest chill will car cold in the which 16 Typestyles & Symbols to Repetitive Work at Reduced Prices you get into it?" and "What's it not instantly destroy." In those Xeroxing, Printing, Bulk Mailing Choose From Jimmy Page to drive snow?" words of immortal in really like Printed to Look like Typeset In an attempt to dress down and Robert Plant: Or Typewritten Pick-Up & Delivery Available for my second interview, I I've made up my mind, wore my new gray suit. This Work Guaranteed All I'm making a new start, nearly turned disastrous Proto-Type Call 883-3348 I'm goin' to California before I even got into my interRandy Ask For Wth.a^.achjn; in,ff)y.J?eart. uu-j ..yjewjef'*, pfttee-iiAJffqr,, allying "at the firm, trie receptionist of- The Warmth of Paradise by Andy H. Viets There is no doubt in my mind that everyone is wondering what I did for my Christmas vacation, so I will devote this space to letting you know (that is, if you haven't already guessed). First, I managed to survive miserable weeks on Long Island, but then I travelled to two paradise, Utopia itself, the State of California. This latest pilgrimage to my adopted homeland, however, was more than just a pleasure seeking adventure. It was a business trip (really). As always, from beginning to end, it was a most fascinating experience. The flight out was marked by near constant feasting, beginning with a champagne breakfast and ending with a gourmet lunch of a rather peculiar looking sandwich and a small bottle of wine. This was intermingled with a number of small snacks. The airborne cuisine feature was nice but next time they can keep their food and bubbly and cut the plane fare. Then, suddenly, it was there: CALIFORNIA. I landed in San Diego and a few days later made my way up the coast to the most beautiful place on the planet —Santa Barbara. It was just as I remembered it, nestled between the Santa Ynez Mountains and the Pacific Ocean, awaiting my return. But, alas, as mentioned earlier, there would be precious little time for sun, surf or lecherous living. I (yes, yours truly) actually obtained two interviews with law firms there for summer associate positions (I was quite excited about this considering that no one in New York will even look at my resume, let alone give me an interview). P^oto I I , - - February 1, 1984 Qpinion 3 �Music, Film, Dance, Art: Take Your Choice continued from page 2 cast live on WBFO (FM 88): Billed "A Mozart Birthday Party," the concert will feature violinists Linda Fischer and Douglas Cone, violists Ben Simon and Peter Minkler, cellist Nancy Anderson, horn player Duane Saetviet, and pianist Sumiko Kohno, 8:00 p.m., Allen Recital Hall, Main Street campus. Mozart was born in Salzburg on January 27, 1756. f\\m:Sherlock )r. and College, both directed by Buster Keaton, and The Freshman, directed by Harold Lloyd, 7:00 p.m., 170 Millard Fillmore Center, Ellicott Complex, Amherst campus. Thursday, February 2 Dance:The Buffalo Regional Ballet Company will give premier performances of Gary Marino's Rumanian Dances, set to music by Bartok, and / Cot Rhythm Variations, set to music by Gershwin; and Keith Carcich's La Boutique Fantas- * POSITION * AVAILABLE t * News Editor of c The Opinion f ELECTION TUESDAY, FEBRUARY 7th at 3:30 p.m. in Room 724 All Law Students Eligible to Ru\ tfSs que (here translated as "The Fantastic Toyshop"), a one-act new with restaging choreography of a ballet first produced by Ballets Russes and featuring a score by Rossini, and Evangel, set to an original percussion score by John Santoro and Carcich, 8:00 p.m. through Saturday, 2:30 on Sunday, Katharine Cornell Theatre, Ellicott Complex, Amherst campus. Tickets are $2 for students, senior adults and the unemployed, are available in advance at Harriman Ticket Office, Main Street-campus, 8 Capen Hall, Amherst campus, and at the door. The discount for the shown in conjunction with the Fire 'n Ice Winter Carnival, at midnight, Chinese Connection and Fists of Fury, Woldman Theatre, Norton Hall, Amherst campus. Admission, $1.75, students; $2.25, non-students. Dance: The Buffalo Regional Ballet Company performs new works by Keith Carcich and Cary Marino, 8.00 p.m., Katharine Cornell Theatre, Ellicott Complex, Amherst campus. See February 2 listing for details. Final performance. Saturday, February 4 Films: Blue Thunder, recent film directed by John Badham, 4:30, 7.00 and 9:30 p.m., Woldman Theatre, Norton Hall, Amherst campus. Admission, first show only, $1.25, students; $2.25 non-students. and 9:30 p.m., Woldman Theatre, Norton Hall, Amherst campus. See February 4 listing for details. Dance: The Buffalo Regional' Ballet Company performs new works by Keith Carcich and Gary Marino, 2:30 p.m., Katharine Cornell Theatre, Ellicott Complex, Amherst campus. See February 2 listing for details. Final performance. Exhibits: Gifts from Korea: Exhibit of books on Korean culture, history, literature, politics and music presented to Lockwood Memorial Library by Yonsei University, con- sidered the "Harvard of Lockwood Library Korea," foyer, February 1 through 29, during regular library hours. From Zinc and Stone to Paper, show of student works in in$1.75, Later screening, taglio and lithography, is on students; $2.25, non-students. A series of Burce Lee/Kung Fu display through February 6 in films is being shown in con- Bethune Gallery, second floor, students; $2.25 non-students. junction with the Fire 'n Ice Bethune Hall, 2917 Main Street Later screenings, $1.75, Winter Carnival. At midnight, near Hertel. Hours: Monday students; $2.25, non-students. Enter the Dragon and Return of through Friday from Noon to the Dragon, Woldman Theatre, 4:00 p.m.; Thursday evening Friday, February 3 Norton Hall, Amherst campus. from 6:00 to 9:00. Winter Carnival: Fire 'n Ice Admission, $1.75 students; The New York Landscape: This touring exhibition features colWinter Carnival, featuring a $2.25, non-students. variety of events, some requirWinter Carnival: Fire 'n Ice laborative artistry of 20 poets ing admission, will be held Winter Carnival continues on and 20 visual artists, all SUNY through February 5 on the the Amherst campus. See faculty members. Among the artists are U/B poets Robert University's Amherst campus. February 3 listing for details. Call 636-2808 for additional in- Dance: The Buffalo Regional Creeley, Carl Dennis, Irving formation. Ballet Company performs new Feldman, Mac Hammond and of the Night Shooting by Keith Carcich and John Logan, U/B painter and The works Film: Stars, 4:30, 7:00 and 9:30 p.m., Gary Marino, 8:00 p.m., printmaker Harvey Breverman Woldman Theatre, Norton Katharine Cornell Theatre, and Buffalo State College Hall, Amherst campus. See Ellicott Complex, Amherst visual artist Frank C. Ekmair. February 2 listing for addicampus. See February 2 listing Peter Sowiski and Jim Sylvia. Through February 15, from tional detail. for details. 9:00 a.m. to 5:00 p.m., Monday .Bruce Lee/Kung Fu films, Sunday, February 5 two in a series of four, will be Film: Blue Thunder, 4:30, 7:00 through Friday. unemployed, however, can only be given at the door. Film: The Night of the Shooting Stars (1982), 4:30, 7.00 and 9:30 p.m., Woldman Theatre, Norton Hall, Amherst campus. Admission, first show only, $1.25, BUFFALO PUBLIC INTEREST LAW PROGRAM would like to thank the following businesses a&y \? for their generous support ofthe summer 1984 internship program: NO-NAMES RESTAURANT 946 Elmwood Aye. Buffalo RUBY & SONS JEWELERS VARDEN STUDIOS. 484lSelawareAve. Buffalo TALKING LEAVES BOOKSTORE * Endicott, N.Y. 3144 Main St. Buffalo UNIVERSITY PRESS DON PIRSON HOME APPLIANCE Basement Harriman Hall 3769 Delaware Aye. Main Street Campus Tonawanda THANK YOU TO ALL TICKET SELLERS AND BUYERS e^p. 4 Opinion Watchfor BPlLPprogramming in February February 1, 1984 J&o �New Waves These Are Not Your Average Cocky Roches by )ud Weiksnar Author's note: My apologies for repeatedly misspelling the name of David Van Tieghem in my last column. They are Maggie and Terre and Suzzy —the Roche sisters—and they treated a full house at the Tralfamadore Cafe to their unique style of music on the last day of classes, first semester. The crowd was* enthusiastic, appreciative, and generally just happy to be there—many who had not bought tickets in ad- vance were turned away at the sisters head off to the Conspired by Robert Fripp, proticket office. A sizable number tinental. All three sisters sing ducer of their first album. They had followed the trio to Buf- with finely tuned voices and started some songs with a synfalo from their namesake city, have good rapport with the au- thesized drum to set the beat. Rochester, where they had per- dience. Knowing their sense of humor, formed the previous night. By listening to a Roches they were probably trying to How does one describe the record you can appreciate mimic the Wurlitzer Rhythm Roches' music? You could say their song-writing talents and Master feeling you get when it's folk music that even New interesting vocal aryou walk by the organ emWavers can love: ballads rangements. Hearing them in porium in your favorite shopwithout cliches; love songs person leaves you even more ping mall. without the sap. You know impressed with their musical The audience was familiar what they're saying, but not skills. Their harmonies were as with the Roches' music. necessarily what they mean. precise and beautiful live as on Several times the first chords Maggie appeared to be the Memorex. Terre played her of a song evoked a ripple of folksiest ofthe three, like she'd acoustic guitar with soul, in- applause. The ending notes rather sit home and read the cluding an occasional often brought rousing ovaL.L. Bean Catalogue while her psychedelic riff, perhaps in- tions, especially for favorites such as "Hammond Song," Sellack," and "The Troubles" ("Going to Ireland"). Before that song, Suzzy related an interesting story about her trip to Ireland. When a reporter asked her what she thought of Dublin, she said it "Mr. LQ universitylPress WE'VE MOVED NOW located in Ro«m 213 Talbert Hall Am hers I Campus 636-2846 llours lOam -- reminded her of Buffalo. She had apparently spent some time here a few years back. The Roches acknowledged the Christmas season with a capella versions of "Good King Wenceslas" and, yes, "The Hallelujah Chorus." Only the Roches themselves know for sure if they sang those songs straight or tongue-in-cheek. Their sincerity shone through, however, when they humbly thanked the audience between encores. The Roches are offthe-wall, yet personable. The combination breeds a loyal following. After all, there's nothing worse than cocky Roches. By the way, you can save $2 off the price of most Tralf events by picking up a student discount voucher at the Record Outlet/Ticket Office in Capen. SUMMER LAW STUDY 4:15pm Mon Fri II e luke the nurk out of Joh hunting in loino IHMUS Does it Better, Faster for Less! /fosUflMSPnHBSSHHUIiY Typtstt A Pnntto Britft A Writing Dublin London Mexico City Samples Copied ALSO: Oxford Paris Russia-Poland San Diego Foreign Lh Programs Univ. of San DlagoSchool ofLaw Moala Park. San Oiago CA 921 10 •• Posters Flyer* Brochures • Tickets •• Bus. Cards c Letterheads c Envelopes 1676N.F.8M. 3171 Main St Amharat BuMo 834-704* OS-QIQO FREE BEER!! FREE PIZZA!! BAR/BRI PRESENTS STAN CHESS Discussing Summer 1983 Bar results and introducing this summer's new bar review programs. Tues., Feb. 7,1984 11:15—12:45 Room to be announced Any questions please contact the following: Kurt Amend AnnCarberry JanDavidoff Michael Colon KimCrites VicD'Angelo Mary Pat Enright JohnCurran TomGinter NeilDickson (ylOlivi" Lorri Kolbert Ed Murphy RonOsson RitaHubbard Tracey Kassman JiMPaperno Chris Renfroe JillKawa Susan Gray Irene Hirata SherriSamilow Scott Stechman Manny Sanchez DanElias Steve Wickmark Pat Turner PeteHogan 40lSeventhAvenue,Suite62NewYork NewYorkloool (212)594-3696 I February 1, 1984 Opinion 5 �VEDGE'SLAW. . . . . .by Cliff Falk Headrick Discusses Research, Law School continued from page I ding lectures and seminars on medieval history, and land conveyances, and utilizing historical sources in British libraries. "It was nice to feel like I was part of the university and one of its colleges," Headrick commented. Dean Headrick plans to return to England for four to six weeks this summer to gather additional material, and continue work on a rough draft he has for either a long article or short book. He hopes to have a first draft completed when he returns stateside, in order to circulate it to other faculty members for advice, and to have his work ready for publication by the end of 1984. Headrick asserted that he would put the Law School's welfare above his own personal inclinations. He added, however, that he has a very ministrative organization of the University is changing: two of the Law School weren't without some disagreements in philosophy, but that this is a healthy sign that we haven't lost our vitality. "I'd be disappointed if there weren't a bit of tension and conflict," to challenge us intellectually, he added. One problem that does concern Headrjck, however, is the decline in applications to our school. Law school applications are lower everywhere this year, but U/B's applicant pool may have been slighlty reduced by the increase in filing fee from $20 to $35, and by the re- academic deans who have been supportive of the Law School are being replaced by strong bias against holding any the position of "Provost." The administrative position for too search for a Provost is being long, because even if one enconducted. Headrick said that joys it, one can become stale until he more clearly sees the and jaded, which is detrimenimpact of this change in tal to the institution. "I enUniversity administrative joyed my research very much, structure, he can make no it was nice to get away and decision whether to stay on as have time for myself, and I was Dean. He stressed, however, able to gather more material that he would do so if it were than I expected. On the other in the Law School's best inhand, I'm very happy to be terests, adding that he had back here; I was at the end of been asked to be a candidate my tolerance for that kind of for jobs elsewhere, but1 had cent $650 tuition increase. life," Headrick remarked. declined, because he has no in- Although it is also possible One factor which will play clination to leave Buffalo. an important role in Headrick's Law School's Status decision on whether to stay Discussing the state of the No Plans To Leave will be the Law School's relaLaw School generally, continued from page 1 Headrick's long stay in tionship to the Unviersity. Headrick commented, "I'm guaranteed to the public as a , England does not indicate any "We've been well served in the never wholly happy with whole most often are defended definite plans to leave his posipast by the close relationship things," although^ comparing when a person accused of a tion as Dean. Noting that he of the Law School to the adus to other law schools and crime has been deprived of has been Dean for eight years ministration," which has been other divisions of the Universi- one of those rights." He exand that "you can't be in a reciprocally beneficial, ty, it is clear that "we've made plained that criminal proposition like this," without the Headrick claimed. However, a great deal of steady progress cedure, more than any other thought of leaving for different that relationship may different in the last 25 years." Dean area of the law, consistently inreasons crossing your mind, in the future, because the adHeadrick noted that members vokes constitutional issues, and that a lawyer can not effectively represent a defendant unless constitutional issues are timely raised. There has been talk of late — your telephone number and the top players or player adAsked whether he had any in organizing a Risk tourna- address; vancing to the succeeding ment. We'd like to know how — how much time you can af- rounds, and the final round qualms about representing many people actually would ford per month; taking place at the end of the clients such as Joseph be interested in participating. — whether you have a playing semester. The number of Christopher, on whose behalf If you're into it (and don't think board; and rounds, as well as the number the Erie County Public we're full of it), drop a note in —whether you'd like to be on of players that advance to Defender has filed an appellate brief, Mahoney replied, Box 443 by February 10 with a rules/procedures committee. subsequent rounds, would dethe following info: The competition would take pend on the number of original "Sometimes the worse the pro--........ 'your'riSrfteT"" "" * •prdWoiT'aTi'gnmTrfiftToVf'Baa?,- 'ftjrifif IpSnN 'Risk' — 6 Tourney Organizing dfMMtf* FiiWary f/*J»* that the opening of the City University Law School at downstate Queens College has had an effect on the applicant pool, from the large number of applications received from downstate residents, it appears not to have had much impact. Dean Headrick stated that if the application fee were responsible for lower application rates at U/B Law, he would try to get it rolled back, particularly since the Law School admissions committee no longer receives any portion of the monies collected in application fees. Headrick also promised to forcefully oppose any further increases in tuition. Mahoney Teaches to handle it—to see it in a different light, which we can't usually do because of our prejudices." Seeing the problem in a different lig^t can sometimes be accomplished; for example, in a child abuse homicide case that Mahoney defended, he asked, "Why was it that the leading local physician on child abuse appeared as a witness?" (for the father accused of the crime). Exploring such questions can lead to finding resolutions of deeper problems, Mahoney asserted. Mahoney concluded, though, that it is far more difficult emotionally to represent a client you believe morally and legally innocent, because "the ..rj2£[e.Jact. of .ijippc,e.nce doe's satisfying and challenging it is not assure acquittal." > �PAD Serves Student, School and Profession by Jim Lagona For those of you who have not heard of Phi Alpha Delta Law Fraternity International, we believe that some thought about our Fraternity is in order. We have much to offer you, both socially and professionally, and the members of PAD would like to take this opportunity to acquaint you with our Fraternity since, in reality, PAD exists for you. PAD is an international law fraternity consisting of law students, legal educators, and members of the Bench and Bar, organized to promote professional competency and achievement within the legal profession. With 163 student chapters and over 60 alumni chapters, PAD has more active chapters than any other legal fraternity in the world. As a service professional organization, PAD's purpose is serve the law student, the law .school and the legal profession. Participation in PAD does not end with graduation but continues to throughout one's legal career make valuable contacts. because of an extensive Academically, we hope to alumni network in over 70 sponsor several prominent cities. These alumni chapters speakers and we are keep their members abreast of sponsoring a Freshman final changes in the legal profession exams study meeting to aid and aid local student chapters first-year law students prepare in professional development for their finals. programs. With all that PAD Service is the cornerstone of offers, it is deserving of its our Fraternity. In the past we description as "the foremost have sponsored successful legal fraternity in world," and book sales and Red Cross of its motto "service to the blood drives. Both were very student, the law school and the profession." Our own chapter of PAD is a young chapter that has experienced a large growth in recent years. In fact, last we doubled our membership. There are many benefits to being a member of semester our chapter. Socially, our chapter has parties and afternoon "Keggers" which bring together students and ease the tensions of law school. A popular event is the beer and wings party held during the second semester. We also have several social functions with local alumni members so that our members can gain practical advice and Law Review Seeks Student Articles The Editorial Board of.the Buffalo Law Review is interested in receiving papers of outstanding quality written by students who are not members of the Review. Members of the Board believe that the Review is obligated to provide a forum for all students of the law school who desire to publish. This is not a new policy of the Review: neither of the two student articles in the most recent issue was written by an associate member. One of the articles was a seminar paper; the other is a result of research funded by the Sea Grant Program. In the future, the Board does hope to publish a higher percentage of student work and fewer professional articles. These student works need not be written under the supervision of a faculty member. Indeed, it is the Review's intention to foster a greater degree of academic freedom through the encouragement of student articles which articulate independent views. The Review will lend its utmost support to the refinement of submitted articles; however, it will not undertake to edit the views ex-' pressed by the student author. To be considered seriously for publication, a paper must meet the same standard which associate members of the Review face for promotion: the paper must be "substantially publishable" when submitted for editing. Publishable drafts must meet, at minimum, a number of criteria, including (1) traditional standards of research; (2) fully developed analysis; and (3) substantially free of major flaws in grammar or style. A substantially publishable draft may require a number of rewrites. Rewriting can include and further research "bluebooking" the footnotes, which must be well-developed. The Board will compare submitted articles to the above standards and, ultimately, to other drafts. If you have any questions, please feel free to stop in at the offices of the Buffalo Law Review, 605 O'Brian Hall. successful last semester, with the blood drive collecting 57 units of blood for use by the local community. We would like to thank all of those who gave of their time and themselves. Our most important service . law student is assistance part-time employment with in jobplacement. Finding even local attorneys who need part-time employment is very either temporary or permanent Financial difficult in the local legal law clerks. community. For permanent arrangements are to be positions PAD employs an handled by the clerk and International Placement attorney after the match is Director who solicits made. PAD offers much to its placement assistance and job announcements from our members. We invite you to join alumni members. As a member our chapter and to take of our Fraternity you will have advantage of the valuable to the access to our' national law directory of PAD alumni who you can contact directly for job assistance. In addition to this, we have a Lawyer Assistance Program which will be in full swing this semester. This program matches PAD contacts, Copy Deadline: Tuesday 2/7 Issue Date: February 15 and us at 636-2781. We wish you much luck this semester!! members looking for at least PASS WITH PIEPER The Pieper seminar is now the "hot" bar review court* in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hnrd-to-read book*. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word - ask our alumni. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 LIMITED ENROLLMENT EARLY REGISTRATION DISCOUNT UNTIL DECEMBER 1,1983 ( BE A PART OF YOUR NEWSPAPER! Volume 24, No. 8 services, fellowship we offer. If you would like to know more about our Fraternity, stop by our office in O'Brian 113A, or call JIU «t^ ftL KMl^m ' Volume 24 _ Copy Deadline. Tuesday 2/21 No^9 lssue Date: February 29 Submit Articles, Commentaries and Letters To The Opinion in Room 724 Or To Mailbox 19, 38, 253 or 529 r&iM'i/i )m OpWwT" 7 �Success of the Boston Celtics and Larry Bird Should Not Surprise Fans of NBA Basketball by Robert Bursky Surprised? The fact that the Celtics are atop the NBA's Atlantic Division, sporting the best record in the league, raises only the eyebrows of those who've been preoc- cupied with Hogs and Thugs, and are just now turning their attention to the basketball court. Yes, the Celtics are back and playing with a vengeance. On a recent tear they won twenty of twenty-three games —a - player with the Celts, so he definitely knows how to win. Larry Bird. Kevin McHale was resigned. He gives the Celts the best sixth man in the league. Larry Bird. Dennis Johnson was acquired in an off-season deal. He's a top defensive guard who can score when needed, and bolsters an otherwise for- midable defense. Did I mention Larry Bird? So how will Boston fare this year in the playoffs? Very well. Well enough to win the championship series. "What about the Lakers?", you ask? Well, what about them? They'll coast into the finals as usual, laudable achievement in a league where road wins come far and few between —and dumped the 76ers into second place. There is a pot of gold at rainbow's end and the Celtics but may as well concede are heading there in grand defeat after capturing the style. In a nutshell, here's why: Western Conference ChamLarry Bird. pionship. Los Angeles will have Bill Fitch, a tempermental to shoot seventy-five percent and unstable personality, has from the field to have a chance year's humiliating playoff loss to Milwaukee. In any sport, when top teams battle one Boston is playing intense ball, Philadelphia has turned in many lackluster performances. When the team wins, it does so by a narrow margin. When it loses, it gets blown out. It's possible that the squad is laying low until the games mean something, but the 76ers currently look like last year's Celtic squad—overtired and uninspired. The Celtics, on the other hand, have much to prove to themselves, their fans and the rest of the league after last another, the winner more often than not is the team with greater desire. This year, the motivational edge belongs to the Celtics. will give the Celtics an added boost. Aside from the fact that Boston matches up extremely well against the 76ers man-toman, there remains the additional consideration of a pox on defending champions. No team wins back-to-back titles in the NBA anymore (until the Celtics accomplish the feat next year) and this trend will In addition, Boston will capthe Atlantic Division title and thus have homecourt advantage for the deciding continue in 1984. Boston will beat Philly in seventh game. In no sport is it harder to win on the road than seven and polish off the Lakers in the NBA and The Faithful in five. ture Boxing and Wrestling: Ringside McCrory... his return to boxing. This writer has no doubt that ...It seems as though Leonard could jump into the Michael Spinks has run out of Boxing Shorts: quality opponents in the lightMancini looked sharp in his ring and beat McCrory, Starlsame heavyweight division. He has round TKO of Bobby Chacon. ing, and Curry—all in the Although the stopping of the night, but even in winning, nowhere to go but up... ...Tex Cobb shines in the fight seemed premature, let- Leonard will surely take a few ting it continue could only good shots to his damaged eye. movie "Uncommon Valor." departed to Houston, where he of beating either Boston or lead to needless battering. And look at poor Sugar Ray Fights we'd like to see: Jeff need not fear winning. He Philly. The Lakers can't re...Rockin' Robin Blake, the Scales, 1972 Olympic Cold Chandler v. Lupe Pintor alienated many players last bound against those teams and former No. 2 contender for Medal winner: he fought on (1231b5); Juan Roldan v. Roberyear by limiting communica- their high-powered offense will Mancini's lightweight title, was despite damaged retinas and is to Duran; Andre the Ciant v. tions to their ears and his- die as a result. No one plays rocked for ten rounds on the presently blind in one eye Mr. T. in a steel cage match; mouth. Players would sit out a the half-court game better way to his second straight while vision in his other is and Marvis Frazier v. his father few games and lose their posi- than Boston and Philadelphia. defeat. Last time it was fading fast. Leonard needs no for putting him the same ring tions. The team lacked the Magic and company will be Crawley, this time Arroyo... part of this. He's a young man with Holmes. ...Sugar Ray Leonard proved with a nice family and finanWrestling Wrap-Up: It's cohesiveness and stability bullied off the court. necessary to be a legitimate The championship series, all he could while he was in the cial security. He has too little about time Backlund lost his ticontender. Things are different then, will be played in the ring, establishing himself as to gain and too much to lose tle...Andre was a guest on this year. K.C. Jones is easy- Eastern Conference finals, one of the greatest boxers by returning to the ring. This David Letterman's show on going and direct in his ap- which will pit Boston against ever—smart, quick on his feet, writer hopes that Leonard sees Monday, January 23. Said he proach to the game and player Philly, arguably the most bitter with lightening hands, fine things logically while he still once drank 117 glasses of beer; relationships. Consequently, rivalry in professional sports. defensive skills, great stamina, can... he quit drinking fourteen monall know what is expected of Though the 76ers were over...Watch for Pryor's return ths ago and his weight dropped and one-punch put-away them. Jones also won eight whelming last year, the tides power. Now he's proving how from retirement to fight Manfrom 545 to 497 lbs—We championships as a former may have turned. While stupid he can be in announcing cini or Welterweight Champ thought he looked slimmer... by Pudge Meyer Save money and receive continuous support from Josephson CES/BRC, America's finest academic team Since most of you will eventually take a bar review course, it makes sense to enroll now in BRC, the nation's fastest growing bar review course and receive early benefits. You pay only a $50 down payment, and receive the following: • iii I^B . M3L ■"5 vRHMn •^R*3J| Svka jk r • BRC OUTLINES THROUGHOUT LAW SCHOOL Pre-enrollment in BRC entitles you to BRC Law Summaries, the finest bar review materials available, for use during law school. These Law Summaries are replaced with a new, revised set when you begin actual bar preparation in our course. JOSEPHSON ISSUE GRAPHS (JIGS) Special visual study aids popular! - very A W GUARANTEED COURSE PRICE Stop inflation! 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N.Y. 10006 (212) 344-6180 • (212) 344-6181 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-02-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/1/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:52:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/92ab707a8a3fadfb737335f1c6a9add6.pdf 2ba373c6a3da00db649b3e4a5d4a7365 PDF Text Text Vol. 24:6 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW December!, 1983 Holtzman Talks on Danger of U.S President's War-making Power by Wendy Cohen District Attorney Elizabeth Holtzman spoke on the topic of constitutional limitations to the President's war-making in the Moot Court Room at U/B Law School on November 14th. powers sjapuAy q Aq Law School Professor Masional District in Brooklyn in jorie Girth introduced the the U.S. House of Represenformer Congresswoman, who tatives from 1973 to 1980, in 1980 was elected Kings before leaving to become New County (Brooklyn) District AtYork's first Democratic female torney, as a women "who nominee to the Senate. Ms. never gives up when tasks are Holtzman appeared at the inMs. Holt/man vitation of the Women Law hard." represented the 16th CongresStudents Association, and as part of the continuing Mitt hell Lecture series. Hyman Wins o) qd Jaeckle The Aftermath of Vietnam Campus. Dean Hyman is the first nonMs. Holt/man's discussion alumnus of the Law School to receive this honor. Perhaps focused on the danger of more than any other person. allowing the President's power Dean Hyman has been a major to wage war to go unchecked, force in the Law School's particularly in light of the Vietgrowth improved nam conflict in which and academic standing, making the thousands of American Law School one of the top soldiers lost their lives twenty in the nation. "Jack" although war was never ofHyman is also held in great ficially declared by Congress. esteem by the Law School's Prior to the Vietnam conflict. alumni for his warmth, humaniProfessor, and former'Dean, Jacob ty and dedication to the education of his students. Hyman The award to Dean Hyman was part of the Eighth Annual Jacob Hyman, former Dean Convocation Program on and professor at the Law "Retirement Basics". The proSchool for 37 years, is the 198 1 gram, also in the Center for recipient of the Edwin F. Tomorrrow on the SUNYAB Jaeckle Award, the highest Amherst Campus, was designhonor conferred by the UB ed to provide simple, easy-toLaw Alumni Association and use tools to help lawyers in the SUNYAB Law School. The general practice make imporaward was presented to Dean tant decisions about thejr own Hyman Saturday, financial planning and provide on November 19, 1983 at a lun- answers to their clients' most cheon in the Center for Tomorcommon questions concerning row on the SUNYAB Amherst retirement plans. Brooklyn District Attorney Elizabeth Holtzman "Why pass a law saying that the law applies? The law is the law is the law." the Legislature's powers to check the Executive's warmaking powers had eroded. Ms. Holtzman warned that if Congress continues to acquiesce in the President's usur- pation of war-making authority, America will be in danger of becoming involved in another Vietnam-type situation. continued on page 6 Kaplan, Gottlieb Triumph SBA Cuts Opinion Publication Budget by Mary Ellen Berger On Thursday, November 10, the SBA approved a motion to reduce The Opinion's SBAallocated publication budget by $2400 and to transfer that sum of money into the SBA's "unallocated" funds. The SBA's action was the culmination of negotiations begun last October between the SBA Finance Committee and members of The Opinion's editorial board. At issue was the existence of a checking ac- count independently maintain- ed by The Opinion and accrued over the years from advertising revenues. This 1983 Desmond Finalists: Bruce Kaplan, Richard Gottlieb, Steve Sugarman, Susan Schultz-Laluk the U/B Law School Moot and that the main thing to Court Competition, which he remember is to "keep your The 1983 Desmond Moot finds superior to other law composure." Fifty-nine teams entered the Court Competition came to a schools' moot court competiby Wendy Cohen checking account was not close on Saturday, November taken into consideration at last 12, as second-year students Spring's SBA budget hearings Kirhard Gottlieb and Bruce or when The Opinion's budget Kaplan prevailed in the Final was subsequently approved by rounds before a bench which the SBA. The SBA's action in included former Chief Justice reducing The Opinion's of New York Court of Appeals allocated budget is a measure Charles Desmond, for whom to remedy this oversight. the competition is named. The five-judge panel for the Desmond Finals was comprised of Chief Justice Desmond, Senior Associate Justice of the Court of Appeals Matthew Jasen, Chief Justice of the tions. Judge Desmond remarked, "Invariably, the finalists here are at least up to the average standards of lawyers in appellate courts." Commenting on the finalists' performances after the decision had been announced, Judge Dillon said "I graduated from this school in 1951, and Moot Court Board Names New Members. See Page Five. Fourth Appellate Department Michael Dillon, Legal Services the school produced some Attorney Rose Sconiers, and Associate Dean John Henry pretty good lawyers in those Schlegel. The panel chose the years, but the quality of team of Gottlieb and Kaplan students here is growing better / / as prevailing over* finalists Steve Sugarman and Susan Schultz-Laluk in a close decision. Judge Desmond announced the decision of the bench to the finalists and spectators who filled the Moot Court Room, taking the opportunity to praise both the finalists and each year." Both Judge Dillon and Judge Jasen expressed the hope that they would see the Desmond Competition this year, and each team was required to argue in three preliminary oral rounds. Eight quarterfinalist teams were then sefected on the basis of combined oral scores in the three preliminary rounds, and team brief scores. In the quarterfinal rounds, Terri Foster and Stephen Schop argued against Rich Gottlieb and Bruce Kaplan; Mary McManus and Susan Hellerman argued against Cynthia Lenkiewicz and Emily Kern; Mark Mulholland and Kevin Szanyi argued against Steve Sugarman and Susan SchultzLaluk; and Steve Berkowitz and Seth Sahr argued against Alan Ross and Edward Markarian. The winners of the quarterfinal rounds went on to compete in the semifinals, where Sconiers, who also agreed that the teams- of Ross and the students had done a "fine Markarian faced Sugarman job," emphasized that effec- and Schultz-Laluk, and tive oral argument skills are Lenkiewicz and Kern faced continued on page 5 achieved only with practice, two finalist teams arguing in their courtrooms one day. Ms. �Letters To The Editor Vol. 24, No. t Thursday December 1,1983 Editor-iitChief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Feature Editors: Business Manager: Pro-SBA Lisa Kandel Wendy Cohen. Andy H.Viets Bob Cozzie Staff: Leah Edelstein. Cliff Falk. Jeff Johnson, Kathy O'Hara, Pudge Meyer, Robert Turkewitz, Jud Weiksnar Contributors: Ted Araujo, Rob Bursky, David Cass, John Curran, Randy Donatelli, Greg Phillips, Dave Rynders, Chrys Vergos © Copyright 1953, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo. New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinionis a non-profit organization, third-class postage entered at Buffalo. N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. Editorial Inappropriate Remedies On November 10. 1983, S.B.A. passed a motion which reduced the printing budget of The Opinion by $2,400.00. This motion was passed in the "usual" S.B.A. fashion —notifying the Editor-in-Chief less than two hours before the meeting began, and completely failing to notify both the Business Manager, who oversees the finances of TTie Opinion, and the Managing Editor. The Opinion has been subjected to the relentless accusations of impropriety by the current SBA administration. "Guilty until proven innocent" appears to be the new catchall phrase for the SBA's political leaders, at least where this newspaper is concerned. The current issue deals with the existence of a "hidden" checking account which The Opinion has handled independently of the SBA budget lines. This checking account was created several years ago as an alternative to the predictably slow and inefficient voucher system filed through the SBA Treasurer and Sub-Board I. The account allows The Opinion to meet immediate printing expenses, purchase office supplies, and retain an active credit account with a photography service (no, the paper does not have a darkroom.) Apparently, certain members of the SBA feel that this account is an evil thing—it is money that is not under the direct control of the SBA, thereby creating an atmosphere of independence in the day-to-day activities of Ihe Opinion (a "dismal" prospect for a newspaper which opens its forum to the students, by the students, for the students). A more serious problem arose, however, when it was realized that the paper's former Business Manager did not reveal the true size of the account to theFinance Committee during the Spring, 1983 budget hearings. Mr. Bolz reported that The Opinion had net revenues of $400 in advertising. What he failed to mention was the fact that the checking account had an opening balance of $3000, thus giving Ihe Opinion a current balance of $3400 and change at the time of the SBA budget meetings. Although disturbed by this conduct of my predecessor, I am as equally disturbed by the fact that the then-SBA Treasurer Greg Phillips, did not demand and examination of The Opinion's checking account statements or, if he knew of the actual account balance, did nothing about it at the Spring budget hearings. Perhaps this is merely an opportunity for the SBA to flex its political muscle. Perhaps the memory of Dippikill has been resurrected, and certain members of this administration thirst for vengeance. In an editorial which ran several weeks ago, ( Ihe Opinion. 24:3) the editorial staff of this paper warned you, the students, to be aware of any signs of SBA authority being unduly exercised. Do not ignore such warnings! Ihe Opinion is a law student newspaper, funded by law student activity fees. Our purpose is to represent your interests, provide you with a reliable and quality service, and supply a channel for the expression of independent ideas—ideas independent of the norm (or so we are told), independent of the Administration, and independent of the SBA 2 ' • 9RTO!b °fSFP*eMr,,im Opinion Stance on Grenada Resolution Argued Pro and Con Bob Cozzie To the Editor: This letter is in response to the November 9th editorial, "Out of Bounds." We feel this letter is necessary because, as in the past. The Opinion's as, inter alia, "a formal expression of the opinion or will of an official body or a public assembly, adopted by vote... Such is not law but merely a form in which a legislative body expresses an opinion." The resolution followed a teach-in on the invasion which was co-sponsored by the SBA. Three panelists, all international law scholars, concluded Editorial Board is criticizing that the U.S. invasion of SBA actions and authority in Crenada was a violation of inthe conduct of its affairs. ternational law. Their The editors initially arguments were sufficiently challenge the representative convincing to persuade many capacity of the SBA Board to board members, though adopt resolutions which speak perhaps "international law on behalf of the law student novices," of the illegality of body. The SBA Consititution the act. clearly authorizes the SBA We agree that the teach-in Board to both represent the was a "newsworthy event." It student body and to pass certainly warranted more resolutions. Article IV, section coverage than the three 1, states that "(t)he Board of photographs and two sentence Directors is the representative caption allocated by the student governing body of the paper. Unfortunately, the SBA" Therefore, when the SBA coverage the teach-in received Board acts it does so in its con was typical of The Opinion's stitutionally designated shallow and selectivecoverage capacity. The Consititutionfurther empowers the Board to pass resolutions not inconsistent with the Constitution or any rules promulgated To the Editor: thereunder. (Article IV. Section 1, Subsection j). There is I could hardly believe my nothing in the Constitution or eyes as I read your November By-laws limiting the subject 9th editorial condemnation of the Student Bar Association's matter or resolutions. The Opinion asserts that the resolution against the discussion at the meeting American invasion of Grenada. focused on a political issue inFor reason you stated that, appropriate for the SBA to adthough the SB As general dress. The basis for the in- declarationof U.S. legal violatroduction of the resolution tions was probably accurate, was U.S. violation of internathe resolution should have tional law, not national been more factually argued. politics. The discussion Furthermore, you thought that centered on the legality of the in any case the SBA had no action, in light of the relevant right to speak for law students treaties and agreements cited in non-university related in the resolution. As law political matters. You closed students we have a right, in- defensively by assuring readers deed a responsibility, to that your editorial board had debate and discuss legal not yet decidedwhether the inissues. vasion was 'justified'—you The editors further criticize were merely raising these very the resolution as "lacking in important procedural points. factual backing" and the SBA For a journal of legal opifor failing to support its nion, your position is shocking, "allegations" with citations to even reprehensible. You admit authority. This was a resoluthat the U.S. probably did tion, not a brief. Black's Law violate international law, yet Dictionary defines resolution you have not decided if the in- Confine Editorials To Op-Ed Page To the Editors: After reading Assuredly it is impossible to your response to Rick Moore's letter (Nov. 9), I feel compelled, as a wistful writer and unrelenting idealist, to offer my own journalistic credo. I wholeheartedly agree that newspapers should commit themselves to a policy of publishing diverse points of view. At the same time, I believe editors should be uncompromising in their efforts to assure that the opinions and editorials are confined to oped pages. If a shortage of copy requires that some of the subjective pieces be printed on the pages ordinarily devoted to the more objective "news" articles, certainly an explanatory subhead, such as "Guest Editorial" or "In My View" or "Don't Mind Me," is in order,. c:r .,,, achieve totally objective journalism; the opinions of the author are manifest to some extent in even the driest ar- ticles. Nevertheless I am convinced that the one thing good news writers and editors can do is strive to be objective, however unreasonable the goal. When the third sentence of the lead article of an edition begins, "the self-righteous, confrontationalist, idealistic attorneys " I can't help but fee that someone on the masthead isn't trying. Hoping you survive yet another "attack on (your) editorial legitimacy which neither fill(s) space in the paper nor address(es) the issues that the questioned article raised," I remain. mi ; , ~: Yours, BjU Maffucci of law school activities. We would like to reiterate that SBA meetings are open to all. and that information pertaining to SBA functions is posted in the mailroom and on the SBA door. Finally, we would like to encourage The Opinion to make gook on its commitment to attend and cover each SBA meeting. Eric Turkewitz Second Year Director, SBA Jill Paperno Third Year Director, SBA Gregory T. Phillips President, SBA Heidi Siegfried First Year Director, SBA Judy Olin Vice President, SBA Anne L. Carberry Third Year Director, SBA Anthony M. Torres First Year Director, SBA Kathy O'Hara Third Year Director, SBA vasion was justified. Is this to say that you think the United States has the right to violate international law? I assume, since you chose not to explain yourselves, that you are referring to the possible danger to American medical students in Crenada. tven allowing a U.S. right to protect its citizens abroad through military force—and this is a great allowance indeed if we are to have any basis at all for international law—how can you justify the takeover of the entire nation? The medical school was secured on the first day of the invasion; as President Reagan and U.N. Ambassador Jeanne Kirkpartick informed us somewhat later, however, the U.S. government had a second aim: to install our idea of democracy in Crenada. Is this justified under any circumstances? The procedural points you raise about the SBA resolution are nonsense. Resolutions are rarely written, as you seemed to imply, like a legal brief. They are generally intended as finely-phrased rhetorical declarations. In any case, the style of the resolution is a laughable sophomoric reason for editorializing against it. Your other major objection was that the SBA should not speak for thepolitical opinions of all Law School students. It is only you who say that they are. The Crenada resolution was clearly marked at the position of the Student Bar Association only. Civen your specious arguments against the resolution, and the sad absurdity of your failing to condemn the invasion (given the extensive U.S. legal violations committed—both the UN and OAS charters and the War Powers Act were controverted), I can only conclude that the editorial board of The Opinion is made up of closet conseratives too cowardly to proclaim their support for the invasion in the face of an unsym- • I i«so«**Tued O" page 3 �ILS Condemns Grenada Invasion As Illegal by Chrys Vergos and wish to offer our reasons A few weeks ago, amidst the for being so. controversy surrounding the The United States has acStudent Bar Association's cepted the Charters of both the Resolution on the invasion of United Nations and the Grenada, the International Organization of American Law Society was asked to give States. Both these inits views on'the issues of inter- struments—and we might add national law involved in the here that international issue. We feel we are not agreements such as there ac qualified to comment on those recognized to be the most importions of the Resolution portant sources of internadealing with the 1973 War tional law —place an obligaPowers Resolution or the tion upon the signatory states authority of the Student Bar to refrain from intervention in Association to issue the resoluthe affairs of other sovereign tion in the first place. Thus, we states. Article 18 of the OAS will venture no opinion on these matters. What we wish to Charter states that, "no state do, however, is clarify the or group of states has the right to intervene, directly or inissues of international law pertinent to any discussion of the directly, for any reason crisis in Crenada. Additionally, whatever, in the internal or exwe do not pretend to be external affairs of any other perts on the subject, nor do we state." It continues, "The intend this memo to be viewed foregoing principle prohibits as exhaustive on the topic. not only armed force, but also The SBA Resolution states any other form of interference that the United States has or attempted threat against the violated the Charters of both personality of the state or the United Nations and the against the personality of the Organization of American state or against its political, States by intervening in economic and cultural Crenada and further, that the elements." The United Nations Charter, exception of humanitarian intervention is not applicable the earlier document of the here. These allegations, we two, states, in Article (4), that, believe, are well founded and have strong support in international law. Therefore, we are in agreement with Paragraphs 2, 3, and 4 of the SBA Resolution -J, CIIIV.J T _M LI IC .1 11/\ I\UJUIUIIWII continued from page 2 any state, or in any other manner inconsistent with the Purpose of the United Nations." Particular attention should be paid to the wording of this passage. Non-intervention is not intended to be solely a goal of the international community if credence is given to the language employed here. The words very strongly suggest that non-intervention is a rule of international law, one imposing an obligation upon signatory states. Had it been meant to be otherwise, the word "should" could have easily replaced the word "shall". It should not be surprising then that the principle of nonintervention has often been Out as the single most important foundation of the in- singled ternational legal system. In the Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among States, a document generally accepted as the official interpreter of the UN Charter, the United Nations Ceneral Assembly strongly reiterated the importance of this fundamental rule of international law. It states, "No State or group of states has the "All Members shall refrain in right to intervene directly or intheir international relations directly, for any reason whatfrom the threat or use of force soever, in the internal or exteragainst the territorial integrity nal affairs of any other state. of political independence of Consequently,, armed intervenV/i f_r_nn.i_«i mvj fvi-i iV.V. _■ i _uii.7v_l|u ..nu y (jiiiiv.vj niu,i v..n tion and all other forms of interference or attempted threats against the personality of the state or against its political, economic and cultural elements are in violation of international law." Turning to the question of humanitarian intervention it should be kept in mind that the doctrine is a controversial one and many international scholars discount the application of it at all. The arguments against humanitarian intervention are usually based upon the inviolability of state sovereignty. Even among those who accept the legitimacy of the doctrine, it has been narrowly construed to balance the often-conflicting interests of sovereignty and humanity. Two words should be kept in mind when attempting to make a determination of whether on not the doctrine applies —sovereignty and excess. It seems that the latter is required in order to override the interests of the former. To define humanitarian intervention, we may say that it is the "reliance upon force for the justifiable purpose of protecting the inhabitants of another state from treatment which is so arbitrary and persistent and abusive as to exceed the limits of what authority within which the sovereign is presumed to act with reason and justice." : uv.i ffim iv.u.n/n uii_i juji.iv.i_. The excuse of humanitarian intervention is easily invoked to disguise political grounds for intervention. The idea of a totally disinterested intervening state may be an unrealistic expectation, but humanitarian reasons should be, if not the sole motive, the principle motive for intervening. A favored ground for intervening is the professed protection of a country's own nationals. Interestingly, history shows that in the 150 years preceeding the year 1928, the United States was exceptionally fond of invoking such a rationale. So fond, in fact, that it was invoked not fewer than 100 times. The question which must be answered here is—was the principal ground for US intervention humanitarian and was the need to evacuate our nationals really apparent before we actually invaded the island? Did our transgression of international laws in intervening in Grenada simply provide us with a subsequent rationale? In concluding, we would like to further state that even in light of the flack the SBA has gotten for passing its resolution, we applaud the members of this body for their concern over a vitally important issue and the effort they directed towards doing something about it. uwi-rw- iv> SBA Grenada Resolution Hotly Debated... pathetic readership. Perhaps I will give vent to my outrage by coming up and taking over your offices'. It is possible that some court, if its judges are people like yourselves, may ignore the legal issues involved and rule that your editorial transgressions transform my act into something "justified." Reg Gilbert Anti-SBA To the Editor Bar Student The Association's Resolution on the U.S. Invasion of Grenada, reprinted by this paper in the November 8,1983 issue, surprised me, but not much. When I hear phrases such as "moral foundation" and "high standards", I usually reach for my wallet (as L.B.J. used to say); when I see them printed in student publications, I simply sigh and wish for a lighter topic. As a third year student, I wonder that the people in a that Resolution. That vacuous down the throats of the law Taken in its broader context, individual Resolution should never have school student body. the passage of this resolution is I When asked Eric merely another example of signatures, I disagree with their been published. Turkewitz, a second year how the SBA has become a political conclusions. Alan J. Bozer representative who was the self-serving, leftist, pseudoThe SBA resolved nothing author of the resolution, about political forum that has more than a failure of will. We his motivation for writing such elevated its imagined role into know, or believe, that it is Editor, a resolution, his response to some type of "policy making people to Dear wrong put up against body." Instead of concenme was something to the efwalls and shoot them without that the everything trating on such things as effito the SBA fect that notice (law students wrote that In response Resolution, did they not?). We resolution condemning the U.S. does affects law students ciency of expenditures, finanknow, or believe, that it is self- U.S. invasion of Grenada, I am and since international law cial management, and defense to save fellow deeply disturbed that the SBA was involved it was even more organization of social events, citizens/students who are in has taken it upon themselves imperative that the young the SBA has deviated to the danger. We also know that the to even think that they have soon-to-be lawyers speak out point of miring every thing it people of Grenada welcomed the authority to condemn or on such issues. To Mr. does in politics. It is unfortunate that the the American troops. And final- condone any non-law school Turkewitz I suggest that any affects within the SBA have policy powers What decision activity. foreign we know now the conevent or ly, that related stitutional head of Grenada in- we have simply is an SBA that all citizens and that is why the chosen such a path, especially is out of control, reacts by U.S. government makes it, and when some of the represenvited the troops in. We might also consider the emotion rather than reason, international law is not tatives do obviously want to editorials of the Wall Street accommodates its own views violated until the World Court work hard to make this law journal, which two weeks ago rather than the views of the says that it is. The resolution school a better place for all reflected that aside from inter- student body, and has reeks of assertions and ir- law students, not only the law national lawbook scholars, the somehow given itself the im- responsibility. One wonders students that see the world whether Mr. Turkewitz's real through the same glasses that nation overwhelmingly sup- pression that it is more imporreason for this resolution was the powers do. ported the military action; and tant than it really is. In the future, if members of impress the "liberals" on the to displayed by the next day, after a symposium The arrogance of such types was held, said the fifteen members of the board with his "deep concern." the SBA feel that they must exHowever, Mr. Turkewitz has press their views on a parthey weren't surprised at the SBA who voted for the resoluproceeded to bastardize his ticular American policy mattion is gigantic when one conpredictable result. that one SBA own importance vis-a-vis the ter, may I suggest to them that are wonderful siders not Legalities things. But sometimes, as the representative, including the student body of this law they write a letter to the apcritical legal studies people officers, questioned the pro- school. (To his credit, though, I propriate officials], and sign Mr. their OWN names to it. must compliment here occasionally like to say, priety of such an action, exfact that he is on the of the resoluTurkewitz can obscure the realithe initiator cept legalities Thank-you, ty. In the mouths of innocent tion who was playing a gallant at least a doer, and felt commatter Cass to act on a that David pelled advocate. It is as the if students, fade devil's legalities young Second Year Law Student to mere rhetoric, as they did in SBA ramrodded this resolution obviously troubled him. which they should have appended their . relatively insignificant organization find the time, and the audacity to pass resolutions Commentary such as these. Far easier to pass resolutions than to do a good job at balancing budgets (let us not forget the SBA-sponsored by Ted Araujo junket to the mountains last year, when they diverted The most controversial issue monies for their own pleasures). Again, I wonder that these fine to be debated by the SBA in "representatives" presume that this student's history at this we elected them to do anything university is the Grenada Resolution. The controversy more than look at budgets. The SBA did not speak for me centers around the legitimacy when it published that resolu- of the SBA's interpretation of tion. And aside from the ultra its constitution. There are two vires character of the act, to schools of thought regarding SBA Overstepped Its Constitution son on all issues. The consenconcern as our student this interpretation. The term "but not limited sus of the SBA is that all representatives. This is the purto" Art. IV (1), along with the goings-on in our complex ported constitutional basis for provision that the SBA may world affect us as students and the resolution. I, however, would much pass resolutions Art. IV (10), hence as people. Therefore, has been interpreted by the any issue, whether it be library more narrowly interpret the SBA as a grant of unrestricted policy, academic affairs, inva- terms and.powers granted by power and authorization sions, abortion, parties, study- the SBA constitution, the through the electoral process, ing, [ad infinitum), comes powers granted to the SBA are, which allegedly legitimates the within that organization's of necessity, of a limited continued on page 4 SBA as our school spokesper- allegedly legitimate circle of December 1, 1983 Opinion 3 �President's Corner SBA Works on Constitution &Town Meetings by Greg Phillips I had been worried that my failure to submit a "President's Corner" article for the last issue of The Opinion would leave the paper short on SBA news. Happily, this was not the case. The last issue was packed with SBA news, from the resolution against the U.S. invasion of Grenada and an editorial on the same subject, to updates on the committee town meetings and a lengthy letter on a funding issue. I was glad to see SBA so active and involved. Whatever can be said about the pros and cons of the SBA's Grenada resolution, at the very least it focused attention on the SBA's Board of Directors and its actions. The first meeting of the Board after the resolution was attended by more than a dozen non-Board members. I hope this interest continues to grow. One new idea that has worked fairly well, this semester has been the holding of lunchtime town meetings to provide student members of the various Student-Faculty committees with input and student opinions on the issues before the committees. The format has been to introduce the committee members and open up the floor for general discussion. Beverages have been provided by SBA. These meetings will continue next semester with the Special Program and Library committees, among others, on tap. Thanks to Judy Olin and Tom Bantle for organizing, and to the committee members for attending and listening. The SBA Rules Committee has also been active this semester and is looking into revising and improving both the SBA Constitution and bylaws. Some clauses and bylaws are no longer necessary, and the Constitution doesn't directly address some important areas, including, for exam- the main features of the plan, and bring us up to date on its status. The central feature of the plan is to utilize the existing central buildings on the Amherst spine as student activity space by clustering student offices, university services and eating facilities a timely discussion by an ex- cellent legal mind. Thanks should go to Professor Girth for insisting on holding the event in the Moot Court Room. Intramurals Finally, a note or two of the along a central "boulevard" in law school's more outstanding the buildings. I personally (for once I'm not going to menCylindrical Devices), make it clearer and more believe that Law students will tion the teams. The Law plan from a intramural directly benefit workable. such as this one to make stu- School's entry in the U/B Socdent life here at U/B more vital rer league, with the unlikely A Student Union name Sir Lawrence of the and interesting. Meadowlands, is again at the Rich Gotto Congratulations that is being Another area looked into is the possibility of tlieb and Bruce Kaplan, the top of the league. Following an 1983 Desomond Moot Court undefeated regular season, the SBA Board of Directors coming out in support of. the champions. Congrats also to this Steve Baxley-coached jugCapen-Norton-Talbert plan for runners-up Steve Sugarman gernaught is expected to a Student Union on the and Sue Schultz-Laluk and all sweep through the play-offs. the other competitors. A tip of By the time you read this, SLM Amherst campus. We have invited one of the plan's main the hat also to Dan Pease, should already be league proponents, Peter Hirshman, Director of Moot Court, and champs. In the U/B intramural ice to address the SBA, summarize his able group of Board members who wrote the prohockey league, the Law blem, scored the briefs, and School's entry Advocates on put together another fine comIce has put together a string of petition. victories and should challenge I'd also like to recognize the for the league title. Al Bozer's Association of Women Law team has combined balanced show support for the amendStudents and the Mitchell Lecscoring and steady goaltenment. ture bring Committee for ding, and looks ahead to next OTHER SBA NEWS concerns Rob Turkewitz, our Elizabeth Holtzman to the law week's showdown against the ABA. representative who school on November 14. The Medical School's team. The received funding for his trip to former Congresswoman spoke game will be Monday, Dec. 5 Atlanta. His total cost was to a large audience about the at 9 p.m. at Sabreland on Niagara Falls Boulevard. See $546.43, and at the Nov. 17 constraints the War Powers Resolution on Presiputs you the there. SBA meeting he was given That will have to do for now; dent's war-making powers. $75.00 towards his expenses by SBA. Consideration was given Those on hand were treated to good luck on finals. to the fact that 25% of the student body now belongs to the ABA. which sponsors a number of events which Mr. Turkewitz can explain to you. (Dean Schlegel has promised to reimburse R.T. for the other by David A. Cass expenses from university Wance left the apartment building to go shopping and funds. Good deal, Coach.) Some groups are still in I did not know Ann Pfreund- had hoped that Ann would acviolation of By-Law 13. If yours schuh, but she is dead now, company her. Ann did not. murdered on Rather, Ann decided to stay at is one of them, or if you belong brutally to one of them, get to an SBA November 8, 1983, in her stu- home and cook dinner. Two dent apartment. Friends had men, (who have since confessmeeting or suffer the consequences. described her as being the ed to the murder), Carlton Sue Kozinn gave a rousing woman who "always had a Brown, 19, and Anthony presentation on the Buffalo smile on her face." UnforWright, 18, had been observing Consumer Mediation Service tunately, that smile is no more, the apartment building over at the Nov. 17 SBA meeting. I she is now dead. the last few days and were Ann Pfreundschuh was a waiting for some type of clue urge all students to consider working with Sue and that 21-year-old college student at- to see who was most organization. As a practical tending Pratt Institute in the vulnerable. When Lauri left, matter, most of an attorney's Fort Greene section of they knew that Ann would be. Brooklyn. She had dreams of time is going to be spent conThe two men went into the soling or cajoling clients and one day becoming a successful apartment building at approxadversaries. This program ofcommercial artist. After all, imately 4:45 p.m., up one flight fers invaluable experience in Ann was to graduate in May of stairs and rang the bell to these areas of expertise. (The '84 with honors. Ann and Lauri's apartment. BCMS' association with the Pictures of Ann indicated, at Ann presumed that it was "BBB", Buffalo Better least to me, an attractive Lauri, who had just left, and Business Bureau, can't hurt woman who seemed sort of opened the door. The two men those who will remain in Buf"ordinary" in that everyone pushed the door in with such falo.) knew someone else who look- force that Ann fell to the The social committee, ed like her. Father Michel ground. Wright grabbed her represented by Jill Paperno, is Perry, Pratt Institute's and started beating her, as gearing up for a fun-filled chaplain, said that, "[Ann] Carlton, who was soon to join February, starting with the came to chapel often," and him, turned up the stereo. Three Coins spectacular. How had come from a "devout" Detective Anthony Vechi, the about the partiers in the aufamily with a "very deep lead Detective assigned to the dience giving Jill a hand with faith." Further, Father Perry case, said that Ann was beaten the preparations? described Ann as a woman up "real bad" and that she was And finally, ending on a who wrote for the school bleeding profusively from her somber note, the SBA learned newspaper and who was ears, mouth, and nose for apthat future changes in library generally shy, conscientious, proximately 20 minutes on the policy could result in: 1) loss of and sensitive. She was a living room floor. Her five foot loan privileges for Law "regular" person that all of us two inch frame was no match students; 2) problems concerncould identify with. She had a for the two men who were ing periodicals circulation; 3) few friends, many acquaineach approximately six feet, loss of flexibility in using tances, and dated occasionaltwo-hundred pounds. materials due to the new bar ly. Yet, Ann was murdered. One must stop at this point coded I B's, (including loss of Murdered in such a heinous, and try to comprehend the proxy privileges and loss of the wanton manner that it literally events which have occurred ability to renew materials by pains me to understand the hitherto. Try to feer and think phone). If you're concerned reality of it. about this girl, the normal On November 8, 1983, Ann departure of Lauri at 4:30 and about the Law School's was at her home for unforautonomy within the Universithe normal events that precede ty system, voite your concern tunately all of the day. At 4:30 dinner preparation. Picture the today at the SBA meeting! p.m., Ann's roommate Lauri continued on page 6 ple, constitutional amendments. The aim is to improve the Constitution in order to Commentary on SBA Moves continued irom page i nature. We, as a group of law students, could not authorize the SBA to promulgate and enforce laws. We, as citizens and students, are under the legitimate regulatory powers of our university system, state system, and federal constitution. Thus, at least our SBA is precluded from passing laws regarding our social and civil behavior. What can the SBA do under the authorization of its constitution? This is the question which we all must confront. As it stands now, the SBA feels that it is its legitimate purpose to represent us wherever it sees fit. I would agree that the SBA has the right to charter and fund student organizations, provide suitable office space for those organizations, and deal with the daily funding concerns of those groups. I disagree with the SBA when it asserts that it may represent the political and professional aspirations of the students of this university. Unfortunately, there are no controls on the SBA If the SBA wants to read its constitution broadly, then it can claim exorbitant powers far beyond those powers which I believe are enumerated in the constitution. There is, however, a solution to such broad interpretation. A by-law has been proposed, and subsequently revised to accommodate attendant administrative problems, which would require notice of specific "special" resolutions (such as that on Grenada). I believe this is a valuable step in the direction of student democracy. If you want to have more direct control of the particular resolutions that SBA will pass in the future, come to the meeting at 3:45 TODAY, to Buffalo Law Review Welcomes Articles will lend its utmost support to The Editorial Board of the Buffalo Law Review reaffirms that it is interested in receiving papers of outstanding quality written by students who are not members of the Review. Members of the Board believe that the Review is obligated to provide a forum for all students of the law school who desire to publish. This is not a new policy of the Review: neither of the two student articles in the next issue was written by an associate member. One of the articles was a seminar paper; the other is a result of research funded by the Sea Grant Program. In the future, the Board does hope to publish a higher percentage of student work and fewer professional ar- ticles. These student works need not be written under the supervision of a faculty member. Indeed, it is the Review's intention to foster a greater degree of academic freedom through the encouragement of student articles which articulate independent views. The Review Opinion 4 the refinement of submitted articles; however, it will not undertake to edit the views ex- pressed by the student author. To be considered seriously for publication, a paper must meet the same standard which associate members of the Review face for promotion: the paper must be "substantially publishable" when submitted for editing. Publishable drafts must meet, at minimum, a number of criteria, including traditional standards of research; (2) fully developed analysis; and (3) substantially free of major flaws in grammar or style. A substantially publishable draft may require a number of rewrites. Rewriting can include (1) further research and "bluebooking" the footnotes, which must be well-developed. The Board will compare submitted articles to the above standard and, ultimately, to other drafts. If you have any questions, please feel free to stop in at the offices of the Buffalo Law Review, 605 O'Brian Hall. December 1, 1983 Emotional Plea For Death Penalty �Desmond Competition... continued from page I Gottlieb and Kaplan. The two triumphant teams then faced each other in the finals. The finalists all agreed that the Desmond Competition was a worthwhile experience. Steve Sugarman commented: "The Desmond was probably the most valuable practical experience that I've had in law school. I think everyone should participate, because of the way it develops your skills." Steve's partner, Susan Schultz-Laluk added: "Despite the problems with library materials and such, I felt that everyone in the Competition was trying to do their best. We received a lot of support, from both the Moot Court Board and from the other teams, and it felt really good." Commenting on their win Rich Gottlieb said: "The Competition was very tough, and we didn't know until the last second that we would be the winners. We gave it our best shot, so win or lose we would have been proud of our perfor- mance." Bruce Kaplan, joking that one thing he had gotten out of the Competition was "ulcers," remarked: "Winning isn't everything, but it feels pretty good." He added, however, that it should be remembered that the Competition was very close. Members of the Moot Court Board were also pleased with this year's competition. Judy Gerber remarked: "The beauty of this year's moot court problem was that it gave participants the chance to explore New Waves New Music Network: You Had to be There by Jud Weiksnar If you weren't at Media Study on Friday Nov. 4, you missed two of the year's most unusual musical performances. The Harmonic Choir and David Yon Tiegham were invited to open the New York State New Music Network, cosponsored by the art gallery, Media Study, and U/B's Music Department. They challenged, amused, and pleased their listeners with music that ranged from a hum to a roarr If you've never been to Media Study, you owe yourself a visit. It's an old hotel at 207 Delaware Avenue that's been converted to a workplace and performance center for the arts. The swimming pool has been drained, the ballroom is now a soundstage, and other rooms have become studios and offices of various sorts. The Harmonic Choir, a sixmember ensemble (though I only counted five that evening), performed "harmonic music" at poolside. This music has Mongolian and Tibetan influences. Try whistling and humming at the same time and you'll approximate the sound. Really, try it. Now imagine five people doing that in an echoey, candle-lit pool room. Eerie stuff. According to Joel Sach's program notes, the singers are not just humming along and whistling Dixie. They "produce a fundamental tone and then, by extremely precise modulation of the abdominal muscles, chest, . and vocal project simultaneously a higher tone or tones, related in frequency to the fundamental tone by simple whole-number ratios." However they do it, it's spellbinding at first, but can become a bit repetitious to the untrained ear after 45 minutes or so. Good to meditate to, though. The Choir was well received by the very artsy apparatus. crowd. After an intermission, the audience trooped into the soundstage to see and hear David Yon Tiegham. The transition from The Harmonic Choir to Yon Tiegham is like going from an immersion tank into a kitchen full of kids. At one time or another you've all probably imitated Ringo Starr by pounding on pots and pans, or made funny noises by rubbing a balloon. Yon Tiegham has captured that same spirit of fun and experimentation and combined it with years of serious musical study to produce his own brand of music —as he calls it, "A Man and his Toys." Yon Tiegham, who has worked with Brian Eno, David Byrne, and Twyla Tharp among others, is not just a musician, but a showman. He has taken his act everywhere from Carnegie Hall to the Danceteria and the Mudd Club. At Media Study he came out front (I'd say on stage but there was no stage) in a NASA jumpsuit and made music with a table full of kitchen gadgets and toys, a tape loop machine, and synthesized drums. The audience ate it up. When was the last time you saw someone get a standing ovation for shooting a glass milk bottle with a rubber-tipped dart? This sophisticated audience was obviously open-minded to new musical forms. Programs such as this are great for keeping you on your toes, and broadening your musical horizons. Words are a poor substitute for the musical experience that takes place at such events. To appreciate them, you really have to be New Moot Boarders in detail substantive issues, so that the final round did not rest on whether- they looked good or spoke well, but on how well they reasoned." Moot Court Board Director Dan Pease also commented on the complexity of this year's moot court problem, stating: "It's a great tribute to the competitors that they could handle such a complicated fact pattern so well." Dan added that on behalf of the Board, he would like to thank everyone who helped out during the Competition. An awards dinner was held after the final round of the Competition, and awards and certificates were given to the finalists, the teams with the highest brief scores, and the individuals with the highest oral scores. Best Brief Awards as announced were: First Best Brief-Steve Sugarman and Susan Schultz-Laluk Second Best Brief-Richard Gottlieb and Bruce Kaplan Third Best Brief-James Kinyon and Alan Stewart Fourth Best Brief-Alan Ross and Edward Markarian Fifth Best Brief-Steve Berkowitz and Seth Sahr The Oralist Awards were awarded as follows: First Best Oralist-Richard Gottlieb Second Best Oralist-Mary Aramini Third Best Oralist-Donna Hoelscher Fourth Best Oralist-Susan Hellerman Fifth Best Oralist-Steven Berkowitz The following students have been invited to join the Moot Court Board: Sarah Ayer Cynthia Lenkiewicz Mary Aramini Steven Berkowitz Mary Breen Robert Burksy Michael Connette Mary Pat Enright Terry Foster Marc Garber Richard Gottlieb Susan Hellerman Donna Hoelscher Heidi Juhl-Wiendl Jeff Kadushin Bruce Kaplan Emily Kern Edward Markarian Richard Moore Mark Mulholland Richard Murphy Fred Reed Alan Ross Robert Sant Stephen Schop Susan Schultz-Laluk Scott Segal Lauren Serper Alan Stewart Steven Sugarman Kevin Szanyi George Terezakis Steve Zwieg Schlegel Praises To The Opinion peitors deserve to be very pro- Editors ud of their efforts and Whatever may be said about achievements. actions taken in the library by Schlegel some competitors in'the Moot Court Board's Desmond Competition (see The Opinion, November 9, 1983), and I, for one, would say quite unprintable things if "whatever may be said" turns out to be true, what needs to be said is to note how incredibly hard all the to all contestants worked for this competition and how extremely high was the quality of the FROM average (not the best, but the average) run of both briefs and arguments. The Moot Court Board, who ran an excellent laiwaßaaßaiHuißßßßDßaßßoaDßßaßoiißiinnaßoooocßaaiM competition, and all the com- Good Luck on Finals The Opinion Just when you thought you'd have to scramble for outlines, plead for notes, and buy the b00k... (bdttbn BAR REVIEW - presents a FREE course review lecture in there. . UXno f°ffifjgg) * AGENCY & PARTNERSHIP * Does it Better, Faster for Less! Resumes Professionally Typeset A Printed Briefs & Writing Samples Copied > ' ALSO: •• Flyers Brochures •• Tickets Cards •• Bus. Letterheads • Envelopes Posters I, I I 1 I N.F. Blvd. I 1678Amhartt 834-7046 All enrollees and nonenrollees are welcome! Saturday, December 17th 2:00 5:00 p.m. Room 106 — 3171 Main St Buffalo 835-0100 B«te*ibMt|; I*3O^rti.m 5 �Holtzman Warns Congress To Assert War Making Powers continued from page 1 Beginning her discussion with the historical roots of the war-making Executive's authority, Ms. Holtzman contended that the framers of the U.S. Constitution clearly intended not to vest all warmaking power in one branch of government. This intention was due to a "skepticism of the unilateral exercises of power" by one person which had its origins in the framers' experiences of living in a monarchy. Ms. Holtzman explained that war-making authority is vested in both the Executive and Legislature by our Constitution, which designates the President Commander-in-Chief of the nation's armed forces, yet gives Congress alone the power to declare war and appropriate expenditures to maintain those armed forces. The framers deliberately divided authority to wage war between the executive and legislative branches of government to make it difficult for the United States to enter into a war. The framers never intended to create a monarch in this country, Ms. Holtzman stated, "not in regard to taxation, not in regard to freedom of rights, and not in regard to the power to go to war." The War Powers Resolution The framers' intention to divide war-making authority between the executive and legislative branches was disregarded during the Vietnam war, Ms. Holtzman asserted. She added, however, that former-President Johnson was not oblivious to the shared authority, as evidenced by his pressuring Congress to pass the Gulf of Tonkin Resolution. The Gulf of Tonkin Resolution gave the President the power to send troops abroad to protect American troops who were under attack by a foreign power, which had the effect of escalating U.S. involvement in Vietnam. Passage of the War Powers Resolution was a clear attempt to prevent another Vietnamlike situation. It was passed in the wake of President Nixon's unauthorized bombing of Cambodia, which continued for eight months until Congress cut off expenditures. According to Ms. Holtzman, the War Powers Resolution attempts to define how the President can Commander-in-Chief by providing that the President can only so act when Congress has specifically declared war act as or, in a national emergency, in which case the President must report to Congress within 48 Commander-in-Chief; and 2) the occupation of the island, which Ms. Holtzman contended was improper in the absence of express Congressional authority. Ms. Holtzman called the occupation of Grenada by American troops who were responsible for putting a new government into power "unconstitutional and illegal." She asserted that hours. The Resolution includes under the War Powers Resolua provision for automatic tion, Congress has the power to withdrawal of troops in sixty withdraw the troops within sixdays if its provisions are not complied with. The War in Lebanon The War Powers Resolution has been weakened as a result of America's involvement in the crisis in Lebanon, Ms. Holtzman asserted. President Reagan sent troops into Lebanon to secure the removal of the PLO without consulting Congress or admitting that the War Powers Resolution applied to the situation. On September 29th, one month before the terrorist attack which left 229 marines dead, Congress passed a law specifically declaring that the War Powers Act applied to the situation in Lebanon and allowing the President eighteen months to withdraw troops. Ms. Holtzman termed Congress' actions very ill-advised: "Why pass a law saying that the law applies? The law is the law rs the law," she stated. She further contended that Congress' actions had, in effect, given the President an eighteen-month blank check. Congress' actions prove that the previous resolve to assert legislative authority over the decision to wage war has eroded dramatically, and Ms. Holtzman voiced concern that the War Powers Resolution's effectiveness as a means of protecting the American public against rash decisions has correspondingly eroded. The Invasion of Grenada Ms. Holtzman divided her discussion of Grenada into two parts: 1) the actual invasion of the island to rescue American medical students, which can be seen as a proper exercise of the President's power as ty days. Another problem underlying the United States' invasion of Grenada rests in determining President Reagan's true motive in ordering the invasion. Although the invasion was ostensibly intended only to rescue American medical students, Ms. Holtzman pointed out that the military was not even aware that the medical students were located at two different sites on the island. Further, Ms. Holtzman pointed out President Reagan's statement "I want to restore democracy to Grenada." "If we are going to commit troops solely on the President's sayso, in order to restore democracy, we are going to be involved in very, very many wars." she said. In response to a question from the audience, Ms. Hotlzman added that the welcome given to American troops by the Grenadians who wished to be rescued from their government was no justification for the occupation. Expressing concern for the precedent that might be established if this were considered adequate justification, she commented "The Grenadians like us, so why not set up a new government? What about the next time?" The Answer: Public Vigilance In conclusion, Ms. Holtzman stressed that the decision to wage war is too grave a decision for the President, with a handful of advisors, to make alone. Pointing to the system of checks and balances established in our Consititution, she added that the situation today "calls for public vigilance—in the end, that's what will keep our system of constitutional law working." Death Penalty... continued from page 4 door bell ringing, Ann, who is cooking, running to it, not even remotely suspecting that she is about to die. Imagine the terror that Ann must have felt that split second after the two men pushed in the door and before she was about to be beaten. Imagine this huge man picking Ann up and punching her repeately in the head as she uselessly tried to scream. Then imagine Ann being thrown to the ground and kicked, and then left on the ground in a partial comatose state, crying, bleeding, and in pain. before because of their proficiency and lack of remorse in the killing of Ann Pfreundschuh. The reality of this situation requires that these two men be given the death penalty. They do not deserve to live, and society should not be obligated to keep them alive. These men are animals. Ann Pfreundschuh is dead. Murdered at a time when she was just finishing the foundation part of her life. The animals that killed her did so with' malice, intent, and a reckless indifference to human "The fashion in which Calton and Wright murdered Ann now tells prosecuters that, they plea-bargained too low...and that these two men are violent punks who must have killed before..." When the two men finished robbing the place, Brown and Wright apparently decided to kill Ann. They put Ann into a chair and tied her hands and feet to it. Detective Vechi's report indicates that Ann was still alive at this point and was struggling as indicated by the degree of penetration into her flesh of the wire used to tie her. The two then filled a bathtub with water and drowned Ann by holding the chair face down so that Ann's head was submerged. They then left Ann with her head submerged in the water, and her feet dangling in the air, dead. l.auri came home at approximately 6:15 p.m., 105 minutes after leaving, and found her friend Ann dead. One must try and imagine how Ann must have felt that split second before being plunged into the water, know- that she was about to-die, and how Lauri's life is changed forever in a way that will enable that scene to become a permanent fixture in her mind. The two men that, committed the murder were found easily, and they confessed. As it turns out, each man has a record of approximately 14 felonies, including armed robbery, assault, and burglary. The fashion in which Carlton and Wright murdered Ann now tells prosecutors that they plea-bargained too low with these guys in the past, and that these two men are violent punks who must have killed ing life. There is no other adequate punishment than death. To those people who espouse the view that one must examine the psyche of an individual before administering punishment, I say that you are part of a societal contribution that legitimizes crime. Furthermore, through your actions, you have contributed to over 50,00 unlawful homicides and 1 million other felonies yearly for the last ten years. The death penalty is needed to insure that the men who killed Ann will be punished for their despicable act in a manner which 1s proportional to their deed. By giving these two men the death penalty, society will not have to worry about whether those two will ever kill anyone else either in "general" society or in prison. My indignation and anger at Ann's killers leaves me frustrated. The system will allow these two animals to walk the streets unmolested in a relatively short time. A beautiful, young, talented, sensitive, 21-year-old college coed is dead, and society is impotent to serve real justice. This impotence is manifested in the legal profession whose usurpation of the people's will is scandalous. Ann, I mourn for you because you represent all of us. Ann, I also mourn for us because I think that we are in worse shape than you are. The Opinion WANTS YOU!! The Opinion looks forward to receiving contributions from students for the upcoming semester. Express your viewpoint, write for the Opinion. Our publication schedule will be as follows: - DEADLINE Tuesday Jan. 24 PUBLICATION Wednesday Feb. 1 Vol. 24 No. 8 - DEADLINE Tuesday Feb. 7 PUBLICATION Wednesday Feb. 15 Vol. 24 No. 9 - DEADLINE Tuesday Feb. 21 PUBLICATION Wednesday Feb. 29 Vol. 24 No. 7 NOTE. Due to budgetary constraints, DEADLINES WILL BE STRICTLY ENFORCED. 6 Opinion December 1, 19M �Marvelous Marvin Outclasses "New" Duran by Mr. Pudge Meyer Poor Marvelous Marvin Hagler. People always find some way of saying why he really isn't all that marvelous. The "experts" are content in saying things like "he's one of the best" and "he dominates the division"—but later there will be something about how weak the division is. This is boxing's dilemma; and it comes into parts. First, there is a mistaken belief that greatness is shown by having many tough fights that have perhaps been won in the later rounds. Maybe our hero has even had to come up offof the canvas. Second, it's difficult to judge greatness when a fighter so thoroughly out-classes his class. It's unfair to say we'd like to see him in a good fight just because beating up town. he has no trouble on everyone in Champions Carlos Zarate compiled a record of 50 wins and no losses with 49 knockouts. Pretty impressive. Then one day, he lost. Should that mean the fifty opponents weren't really that good? No. Thomas Hearns sent plenty of fighters to the showers early in an awesome display of power. Then one day, he lost to Sugar Ray Leonard. So Hearns was just a bum, right? No sir. Zarate, Hearns —let's add Gomez, and the list could go on—they're not the best of all time. But there is a growing number of a group that I, call the "Average Great Champion Club." To become a member, you have to win easily almost every time you fight—and then you have to lose. There were, what right did he have also has to be a bit of dirt on getting in there with Hagler? I you—maybe you can't take a punch, or you start slow, or maybe you can't go the distance. Or the old standby—you have trouble with the lefties. predicted a TKO in the ninth, and the Fight Father callled for a KO in the sixth. November Fight Poor Mr. Hagler. People are I was at the fight on the trying to get him to join the twelfth of November. To say club. The only problem is that that there was electricity in the since his draw with Vito Anair is to say there's water in the tuofuermo, Hagler has won all ocean. People were dressed as his fights easily—but he can't if for a funeral. It would soon get in the club because he be time to pay last respects to hasn't lost. the legendary Manos dePiedra. The Hagler Duran fight had Poor Hagler. If he knocked been referred to by some as out Duran in the first round, the mismatch of the year. Even the papers would surely read so, I was glad that Big Mary "So what? That was supposed would finally get a Big Payday. to happen. Hagler is still I had no doubt that Hagler untested." If it were to go to a would win. After all, Hagler is decision, or if Hagler were to Hagler and Duran isn't actually lose, we'd certainly Duran—he's a man who lost to read that Hagler could never Kirkland Laing. Sure, he beat been good —at best, a hard hitDavey Moore—but young ter in a soft division. Moore really hadn't impressed Now that the fight is over, I anyone anyway... haven't read the papers. I don't ...The whole boxing world have to; I saw the fight. But not had it figured out. Duran the same one the judges saw. would have to start fast and try I'm glad those three aren't on to crowd Hagler. In trying to the Supreme Court. I don't see get in, he would find out for how the fight was scored so the first time what it's really close. Even the Duran fan to like to eat leather. He'd get hit my left was surprised. Hagler by a middle weight who throws by one point? Two points? Bethunder until someone falls. In ing charitable, I could give a sport that mirrors Darwin's Duran five rounds. Don't talk "Survival of the Fittest," to me about even rounds, Hagler is like the great white judges are paid to say who shark with a twist—instead of won; not to say it was too close having no natural enemies, to decide. If the judges can't everyone is an enemy who, make up their minds, let's find identified, is others who can. once systematically eliminated. It proved to be a very inHagler's gloves seem to have a teresting fight. Duran's hands radar system; almost every were quick; his timing wasn't punch finds its mark. Just ask off. He chose to fight Hagler Hamsho Or Scypion. 0r... primarily in the middle of the Duran too was supposed to ring instead of bulling inside. fall—he couldn't be the man he used to be. And even if he He never pushed Hagler to the ropes; maybe he felt Hagler was too strong. We saw the new Duran. He's not all that old, and he hasn't taken a lot of punishment. We saw Duran the Middleweight, Duran the Boxer, the Thinker. No flab. Cood handspeed. Crisp combinations. The only problem was that all the combinations hit Hagler's gloves. I never knew you get points for that. Duran also showed fine defensive skills. He was ducking under Hagler's left most of the night. But like most people, Hagler has two hands. Duran Outclassed After five rounds Duran was breathing heavily in his corner. Maybe this is why he didn't try to bull Hagler to the ropes—infighting is very tiring. And if Hagler was wondering how come he couldn't land The Big One, Duran was busy trying to figure out what to do. By fight's end, Hagler did have a redeemed himself. There is no shame in standing in with Hagler and losing- Newer theless. he was outclassed. He played survival without naming away. I hat's not easy. Poor Hagler. All he did was what he had to. It was his toughest fight, because he had to work hard. He worked to hit Duran. He didn't get the knockout, but that's okay with me. You'd have to be nuts to think that Hagler isn't as good as you thought he was. Because if he's nor, and he barely beat an old Duran. this fight will become a cruel statistic in twenty-five years: "Willie The Worm" Monroe beat Hagler and Duran didn't" That wouldn't do Duran justice. It was a great fight because Duran was ready. But he was I laglers natural enemy. Hagler, like the great white shark, prevailed as was expected. Mary is at the top of his game—make no cartilage about it Darwin 1 —Duran 0 Poor Hagler. The judges little mouse under his left eye; and he sustained a small cut gave Duran rounds because he over the eye in the fourteenth didn't get beat up; if it was a round. But he out-landed close round, give it to Duran Duran three punches to one. He started out a bit cautious, probably to see what Duran would be throwing. In the middle rounds he was switching from southpaw to orthodox, landing short left hooks over Duran's sagging right hand. Duran seemed to let Hagler get off first; but when he responded, Hagler wasn't there. Duran did catch a second wind. He fought admirably. He r even landed a nice flurry in the middle of the fifteenth. He has because it wasn't supposed to be close. They're trying very hard to put Hagler in the "Average Great Champion Club." Thanks, but no thanks. No clubs for Hagler. No one will say it—Hagler is in a dub all by himself. Poor Hagler. Everyone is his and he's looking for a friend. Don't look to die judges.."Hey, Mary. great fight. And oh—could you lend me two million until payday?" enemy, We're Here For You, •Resumes •Resume Kits -Business Cards •Stationery -Posters RES IPSA LOQUITUR -Flyers •Process Camera Work •Word Processing University Press - Hours: 9:30 4:15 Wed. evening til 7:15 56s Harriman Library (MSC) 831-2588 • ** WORD PROCESSING TYPING ptoto -- Ilype - Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when editing drafts ctr^r oXt^n""^^" symbolsto "tßasstssg rid.-UpADeUveryAvailable All Work Guaranteed - 883-3348 Call Proto-Type Randy Ask For The Picpcr Hew York State- Multistate Bar Review offers an integrated approach to the Hew York Bar Exam. We emphasize sophisticated memory techniques, essay writing skills and a concise, organized presentation of the law. You will he prepared and confident. PffiPER NEW YCXUC-MULITSTATE BARREVIEW | I% q 5 g q j § 2 It Speaks For Itself. spp vot'R SlpeS _____ 90 Willis Avenue Mineola. NY 115C1 (516) 747-4311 J r |J ( J Limited Enrollment IXm.bf.HMt" OfWMi" 7 �Professional Wrestlers Disappointing Fans by Mr. Pudge Meyer ( Warning The following article may contain graphic descriptions of violence. Professional Wrestling—even on paper—may not be platable to all Opinion readers.) be somewhere. In the same way. an athlete shouldn't be found on a field, or on a court, or in a ring unless he is 100% ready, both mentally and physically. It's bad for Sports when athletes don't perform quite the way they should. A professional athlete's life is a demanding one, but it's the profession he has chosen. He has no right to show up at game time, or fight time, at anything less than peak condition, unless the problem is due to injuries. ty veteran Butcher Vachon go up against the new sensation, The Tonga Kid. The Kid doesn't a fine job of distracting the Again Kernudle, the weak link, was pinned. The biggest disappointment came from Bob Backlund, the current World Champion, who could't have trained very hard for his bout with the Magnificent Murraco. He seemed slow, and his timing was off. Murraco, who looked like there was some other place he'd rather be (by that point, so did I) didn't move in to take advantage. Whatever fighting did go on took place outside the ring, and Murraco did send Backlund's head into the metal ringposts a number of times. After ten minutes of nonan easy pin. action Backlund's leg got tied In the second fall, the Sa- up in the ropes, and he was moans- flung Snuka into the hanging upside down out of ropes preparing to administer a the ring. While the ref tried to, double chop to the throat. free him, Murraco ran out, Snuka ducked underneath, re- picked up a chair, and hit bounding off the far ropes, and Backlund right in the neck with caught them with a double- it! The ref called for the bell, clothesline of his own. But he and awarded Murraco the got hit with a low blow, and decision. I didn't understand things swung the other way. how Backlund could be disSnuka eventually squirmed qualified; he hadn't been over and tagged Atlas, who counted out,. was immediately met with a Bad officiating and sub-par referee. Atlas jumped in to help, but the ref escorted him back to his corner while Snuka was now being choked by all three adversaries. The ref finally broke things up in the corner; and when Snuka managed to tag Atlas, the Samoans backed off. Atlas took things out on Kernudle. When the Samoans tried to jump him from behind, Snuka and Johnson intercepted them with a series of forearms and dropkicks. Atlas, in a display of strenght, pressed Kernudle (265 lbs.) over his head, holding him there before crashing him to the canvas for look a day over twenty, but his agility and fine knowledge of textbook wrestling make up for his lack of experience. His refreshing style is reminiscent of Antonino Rocca, the flashy Fans of all sports pay top Argentinian from days gone dollar to see their favorite by. He finally wore down the teams and athletes perform. Butcher who, at age 54, is apThese athletes are profesproaching the twilight of his sionals who command high career. The pin was registered salaries and sometimes at 12:54. preferential treatment. And An exciting moment in an perhaps they deserve it. otherwise sluggish match had Ringside But perhaps they don't. ProSwede Hansen almost getting fessional sports have been the mask off the Masked under fire recently because This problem of the ill- Superstar. He had a few drug and alcohol abuse, termprepared athlete has now enchances, but couldn't get the ed "acute" by one commencroached on the heretofore mask over Superstar's rather tator, has apparently become sacred spectacular known as large nose. From my ringside rampant. As perceived by the Professional Wrestling. I was seat I did see what appeared to public, the two teams hit at ringside at the Buffalo Aud. be a silver tooth among the top hardest by adverse publicity November 1 for what should row of biscupids —photos have been another actionhave been baseball's Kanas Cicould lead me to his identity. ty Royals (gaining mention on packed, violence-ridden evenThe one amazing match was ABC's Nightline) and football's ing. Eight thousand fans paid the six-man tagteam. In one Cincinnati Bengals (sporting seven, eight and nine hardcorner stood Superfly Snuka, early-season suspensions). And earned dollars to see some of Mr. U.S.A. Tony Atlas, and the Dallas Cowboys, ususally the finest talent anywhere. But Rocky Johnson. There was no reffered to as "America's by the end of the night, doubt that this team was wellTeam," was dubbed "South everyone had been disapprepared. Never before has so flying low-blow headbutt. A America's Team' during a segpointed. much physical prowess been silence fell over the crowd as The opening match pitted assembled on one team. In the he lay there helplessly while ment on 60 Minutes. Drug and alcohol abuse is something Nick DeCarlo against Big Lats other corner, the two Samoans absorbing additional punishthat all front office Bradley. DeCarlo was visibly proved to be as vicious as ever. ment. But each blow nudged managements must deal with. out of shape, while Bradley, a But their third man, Don KerAtlas closer to the corner, until It is not my place to say what fine physical specimen, had nudle, was the weak link. he just did manage to tag action be no apparent desire to "mix should At the start, the Samoans Johnson, who had been waiting taken—whether athletes who things up." The result was a managed to trap Superfly in anxiously to inflict some boring match; I didn't even the corner, while Kernudle did serious damage of his own. come forward with their problems should be penalized or care who won. Basketball Commentary Tony Carea, the former patted on the back, fired or befriended. I'll leave that job tagteam title holder and to the men who have millions favorite of fans far and near, riding on each game. (And I seems to have forgotten where theWeight-room is; or he found don't mean the gamblers...). by Randy Donatelli and Rob teams in the regular season are But it is my place to speak the refrigerator. Onceknownfor Bursky usually invited to the NCAA fitness, his has out for the fans. Athletes are dedication to he tournament, the championship let himself get flabby around like any other profesNow that the college basketconference tournaments middle. After few a sionals—they owe a general the ball season has once again become nothing more than a duty to the public to perform minutes he was heavily windmercilessly descended to means by which "also-rans" to the best of their ability. ed. His opponent. Frenchman satisfy the seemingly infinite can qualify for the NCAA playThafs what they are paid for. A Renee Doulet, was more in- appetite of sports fans, it is offs. Of course, these postterested in battling the crowd time for the critical fan to exlawyer isn't likely to be found season mean shams in a local pub the night before than tending to the business at pose and refute the piroposimegabucks for participating a trial. The pilot of Air Force hand. Another slow match. tion (held especially by colschools and their conferences. One won't be found sleeping One of the few bright spots leges and T.V. networks) These post-season conjhat of the evening saw the old craf- there is no such thing as ference late when the President has to tournaments exist soleoverkill of the college game. ly to place as many teams as The NCAA basketball possible from the conference season is still in its infancy, but into the NCAA tourney. Simply one can not avoid looking put, the more teams that ahead to March when "round- qualify from the conference ball1 action" turns into for the NCAA's, the more "fastbreak ripoffs." The culprit money the conference makes. in this scenario is the postThat mediocre ball clubs inseason conference tournaevitably are invited to the ment, a gimmick now NCAA's is of no consequence. All those interested in employed by virtually all of Last year's Big East tournaapproximately two dozen ment must have been prosubmitting skits for the 1984 the major conferences. To moted by one of those con arLaw Revue show: demonstrate its ludicrousness, tists you see on Sunday mornlet's use what are generally ing T.V. Fans were required to regarded as the three strongest buy tickets in blocks for all the circuits in the college game: games, meaning that one had the Southeast Conference; no choice but to pay good Atlantic Conference; and the money for the classic matchBig East Conference. They all up between "powerhouses" have eight or nine school, each Seton Hall and Providencer Law Revue will be held on of which plays other schools in winners of a total of seventeen Friday, March 2nd, and skits their respective conferences games between them all will be due at the end of twice during the regular season. Had Seton Hall season. One would think that a somehow won that tournaJanuary. sixteen-game league season ment it would have qualified would be sufficient to deter- for the NCAA tourney with an mine the best team, right? impressive overall record of Wrong! At the conclusion of 8-22. They did not win, and the this season, won/lost records fact that such incompetent are discarded and all teams teams actually play in a postautomatically qualify for the season tournament is a Erin, Box 194 post-season conference tourdisgrace, and an insult to fans Box 71 Jack, nament. who appreciate quality In this tourney, a team need athletic competition. Jill, Box 188 or only win three games to proAs is the recent trend in Tracey, Box 132 claim itself conference sports, incompetency is champs and thereby secure a rewarded and tolerated FACUI.IT OF LAW AND JURISPRUDENCE berth in the NCAA tournament. because it generates revenue. STATE UNIVERSITY OF NEW YORK AT BUFFALO Since the top three or four The climax to this unfortunate performances dominated the evening. Bouts such as these do harm to the integrity of Professional Wrestling. I demand that wrestlers and all athletes prepare and perform to their fullest. Pudge's Quick Picks: Holmes unanimous decision over Frazier. Turn Off The Tourneys BUFFALO LAW REVUE ■■ ANNOUNCEMENT ATTENTION! CONTACT 8 Opinion December 1,1983 state of affairs will be reached when the NCAA decides to invite all 256 Division I schools to its tourney. Such a format would lengthen the tournament by only one week and would let every school share in the big money. Of course, the post-season conference tournaments would still live on despite their utter lack of significance. Sports Quiz College Hoop Quiz 1. Name the last Buffalo area school to win either the NCAA or NIT tournaments. 2. Name the last Division I that finished the season undefeated 3. Who is the all time leading scorer in the NCAA based on points per game team average? 4. Which of these NBA stars once averaged 20 points and 20 rebounds in the same season as a collegian? 1. Kareem Abdul-Jabbar 2. Julius Erving 3. Larry Bird 4. Ralph Sampson 5. Name the starting line-up for the 1976 USA Olympic Basketball team. Answers: >H?q xlnx ipi!W puß 'Aa|4UBQ ueupv 'Aeyv WO3S J3u>png uumo 'pjoj |ii|d S SiHAjg sni|n( > 9Z6L 'BUBjpui i 3|V uojsnoH pajea^ap sjnjuaAeuog is I ■!J UN »M1 JOJLLbV "! ' �SBA Passes by Eric Warren Resolution Condemning Snow sion of Buffalo as being a barren Arctic wasteland and thus The Student Bore Associa- prejudicing them against offertion (SBA) has passed a resoluing us jobs." tion condemning snow. The The SBA concludes by resolution calls for a number demanding a mild winter, imof unseasonably warm mediate roll-back of all snow remedies, and SBA has sent presently in the ground, and copies of the statement to a conversion of U/B's winter number of influential sources. road salt supply into seasoning The resolution attacks the for the world's largest beef-onfrosty form of precipitation as weck sandwich. (The latter declearly an illegal infringement mand was added after a friend"Equitable" Tolling displays Snow Resolution on the well-established state ly amendment to the resolufor reasons known only to the year was, like, real warm and right to exercise the police tion, by the Culinary Law SBA, to the Little Rock (Ark.) really bummed us out, y'know? power and promote safety on Students Association, was acGazette. Twenty thousand adWe, like, better get some really our highways and by-ways. In cepted by supporters of the copies would be left in bitchin' snow this year for our ditional the resolution's other conmain motion.) mailroom for informa- ski trip or, like, we'll we'll have elusory allegations, the supCopies of the resolution the tional and scrap paper purto dip into unallocated to buy porters condemn snow for were immediately run off on she added. ourselves some real bitchin' poses, machine, the third floor copy "[clausing Buffalo Law motion Although the facstuff to, like, get over the bumstudents to spend their hard- despite protestations from ed organized resistance, it mer." and the Myron that earned financial aid dollars on Audrey offpassed by a comfortable 14-8 Individuals opposed the tire chains and snow brushes in set machine instead be used. vote. Spearheading opposithe as well. SBA Presiresolution, to lieu of beer and chicken According principal sponsor tion were members of the Ad- dent Greg Fillerups said, wings;" "[Reducing freedom of Judy "Equitable" Tolling, "This hoc Institute of Dippikill "These guys have no business is too to a expression within O'Brian Hall important wait few taking votes on things outside Skiiers (AIDS). Their spokesperby reducing the number of hours for the offset man to get son, and onethe SBA Director school." Although the Tolling to it." indicated parking spaces within a that woman Albany State ID Mill, issuelaw is one that lies just out90-minute walk thereof;" and copies would be sent to Cod, Burberry told The Onion, side the law school—in the Ann "[g]iving Service, the prospective National Weather the weather last parking lots—he was neveremployers the wrong impres- Tom Joles at Channel 7, and. "Well, like, Vol. 5:1 THE ONION theless adamant in his opposition. "It just sets bad precedent," he intoned. "Why. next they'll be meddling in the inter- nal affairs of some isolated third-world country." In the end, however, other voices prevailed. Former SBA President Chill Paperno silenced this reporter, who made notice objections and proposed a one-week tabling of the motion, by using an Armysurplus Howitzer that, she said, she "just happened to bring to the meeting in case things got out of hand." Treasurer Rob Insant, once persuaded that President Reagan would support the extension of the Sun Belt to include Western New York, also joined in support. Several members of the Downhill Law Students Association, who came to the meeting to present information on the resolution, were stripped of their DLSA offices pending review of resumes by the SBA Disappointment Committee. STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF F LAW December 1.1983 Onion and SBA Vigilantes Clash Over Bottle Cache by Robert Remedial The Onion and the Student Bore Association (SBA) are at loggerheads over a major fiscal accountability crisis. enough of a self-starter to thriftiness and thirstiness of count them up, much less br- staffers of years gone by. Lead O'Hara ing them back to Wegman's. investigator "Chief" pictures of the scene, but Asked to estimate the current took value of the pile, the present none of them came out. Confronted with irrelevant, members of The Onion's hearsay, inadmissible who were Auditorial Board, Onion staffers had evidence. SBA has accused The Onion of busy adding empties to the no choice but to stonewall the commaintaining a cache of pile, were incapable of investigation. "We didn't start ment. unredeemed beerand pop botOnion The fiscal improprieties that collection," tles, the deposit value of which spokespersons Moe, Curly, and view of inside the mysterious hole: who knows An Onions-eye was allegedly concealed from came to light when several Larry asserted. Ifs not our what evils lurk within? the SBA Finagle Committee at Onion editors reported the ex- fault that our predecessors istence of the stash to SBA. last April's budget hearings. were heavy drinkers." SBA vigilantes have called Crusading SBA investigators, Ultimately, however, the upon noted valuation expert armed with aluminum and fearless journalists were forcskillfully pickdetectors, Michael "Mick the Shaft" glass ed to admit the existence of Schaeftler to determine the ed the lock on The Onion's the stash. They proposedturnover the marvelled present value of the stash, and door and continued €*t page J a number of them vow to testing zone for months now." Bea Plaintiff by reduce The Onion's budget After repeated denials by dollar for-dollar, can-for can, For weeks the university Physics Spokesman Al Eins- upon receipt of the valuation had it up to you-know-where tein, the Law School hierarchy report. by Doug and Wendy Werner community has been wonderto press a conference with academia," Gopher said. is that called ing what happening in Following passage of the a surprise weekly "condemn-fhe-Onion" The Onion has just learned "We just couldn't pass up hirarea in front of theLaw School make to which the general public has anouncement—Acting Dean resolution last week, with its that Dean John Henry "you ing a man who led off his been denied access. The Onion Schlegel admitted the Law unprecedented fiscal consedon't know what's good for magnum opus law review artifor cle by saying. Toto. I don't responsibility Schlegel has been ofSchool's the you" now learned that several has quences, representatives of weeks ago a nuclear device devastation. other student organizations fered and has accepted part- think we're in Kansas was exploded there, resulting "Yes. we did it." Schlegel began camping out on the first nership in the New York City anymore/ " he added. Schlegel has been put in in a gaping hole and the said. floor of O'Brian Hall for the firm of Cleary, Cahill, Skadden. Acting When why, of asked the walkway the destruction chance to share in the ex- Kaye, Dewey, Truman, Capote, charge of thefirm's activeantibetween the parking lot and Dean retreated to a corner of pected multimillion-dollar Merrill, Lynch. Crosby. Stills, public interest department, his office, sat down, crossed windfall. Sacco and Venzetti. The firm, where he will supervise a O'Brian Hall. which emphasizes its small- veritable corral of associates This reporter found universi- his legs, placed his fingers to and Following independent fell apparently his and willing temple surprisingly officials ty unbiased investigation by a town, personal approach, from fancy law schools around to talk about the incident. J. into deep constructive team of Onion reporters the made what Schlegel called "an the country. He has also been Edgar Eureka, head of U/B thought. It was not until an following facts came to light. offer I couldn't refuse." appeased in his wish to have & S Coordinator Hiring Public Safety, though uncer- hour later that he looked up. C.C "Schlegel" inserted in the partthat The appears Onion "Why do you think we did It tain of who was responsible, its Graham Gopher said the firm nership's name. According to began accumulating speculated that "It was most itt," asked Schlegel. "Make the treasures even prior to the first learned of Schlegel's Gopher. "I think we're sticking likely the Physics Department. argument." passage of New York's Bottle talents in last spring's New him between Capote and MerThis was responded to with Deposit Law. So large has the York Times Magazine expose rill—we just didn't want to They've been asking for clearance to use part of the an icy* silence. break up the sets." cache become over the years of the pitfalls of legal educacontinued on page 4 Amherst Campus as a nuclear continued on page 4 that no Onion staffer was tion. "It was obvious he had Law School Heads Nuke Path and Lot Schlegel Goes Lateral �Vol. 5, No. 1 December 1,1983 Audilor-in-Chief Arthur Andersen Managing Auditor Pete Marwick A Few Minutes With Paradise Lost to Head Wagging by Andy H. Runey News Auditor: Feature Auditor: Arthur Young I out he Ross Photo Auditors: Business Mangier: Staff: Anonymous [Vacant since 1980] Price Waterhouse Contributors: Anonymous © Copyright 1983, Onion, SBA. This issue of Onion was done in fun. We hope everyone takes this issue in the manner in which it was intended. References to real persons are purely coincidental, except in the instances in which they were intentional. WARNING: The Auditors have been advised that their student loans are non-dischargeable in bankruptcy and that their lender-creditors will have priority status through the year 1994 to potential libel plaintiffs who may be offended by the contents of this issue, we say, "Get in line." Auditorial (Speak, Fend, Aim) For Yourselves In the interests of justice and fairness, the editorial staff of The Onion presents this "Do It Yourself Editorial" for your creative pleasure. Just choose one or more of the suggested words or fill it in yourself: On (date) , 1983, the Student Bore Association (SBA) (passed a resolution, allocated money, adjourned till summer, voted The Onion out of existence). We at The Onion (support, condemn, don't give a shit about) this action. It can only be described as (silly, super-duper, peachy-keen, an affront to the American way, an attack on motherhood and apple pie). We consider (out-of-line, in-line, by-line, the SBA to be frontline, underline). We do not take this position (lightly, heavily). (the What the SBA does is of great importance to student body, itself, the Buffalo Bisons, the Sweet Home High School Marching Band, Greg Fillerups' illegitimate children, the pirates of the Carribean). Let's face it, the SBA is nothing more than a (lying, stealing, crying. Godfearing, Godless) bunch of (bedwetters, communists, capitalists, slimebuckets). If it weren't for the fact that the SBA allocates our budgets, we would also call the members of the SBA (mealy-mouthed, ne're-dowells, self-serving, mothers). Knowing which side our butter is breaded on, though, we will make no such accusations. (leftSuffice it to say that the SBA is made up of handed gerbils, Marxist Revolutionaries, Lords of Lechery, foreign subversives, domestic subversives, friends of Dave Cass, Somalian drug addicts). In conclusion, we ask the SBA to deliberate only on issues (authorized, insanely deluded, told by it is Schlegel, moved, bribed) to consider, such as (the merits and demerits of oral sex, life in sub-Saharan Africa, the life and times of the Dodo Bird, whether pigs have wings, intricate strategies of the game of dodge ball, whether the Buffalo Model is a religious experience, what comes between Schlegel and his jeans)_ : ______ People in Minmmrntnr»«mii.». the News The life of a student of the law often seems to be one of answering questions—whether it be in class, for Moot Court, or on a final exam. Well, I have some questions of my own that I want some answers to from all of you by the time we get back from Christmas vacation: 1) Whose idea was it to build the new School of Management building so close to the Law School? I'm glad I'm not the one responsible for the safety of that building and its occupants. Don't they realize that John Lord O'Brian Hall is teeming with violent revolutionaries just itching to over- throw most of the civilized those pictures he's been hanging up in that room? We all know that he does them Onion Recruiting Auditor 18. Party Recruitment 2 Onion Ghoul types keg order for the Spring December 1, 1983 10) Or more simply put, why was man born? 11) Actually, the only question really worth considering to any great degree is: Why? Some might think that to make such inquiries is dangerous. As Aphra Behn wrote in The Lucky Chance: "Too much curiosity lost Paradise." Nevertheless, these answered. have They remained unanswered for far too long. My own thinking on the matter is more in line with a thought from Romola, a work by George Eliot: "If there are two things not to be hidden love and a cough — I say there is a third, and that is ignorance, when once a man is obliged to do something besides wagging questions must be — his head." the catastrophic effects the free world would surely suffer In what will soon become known as the Chiquita War, we have found it incumbent upon ourselves to curtail this shortage, and eventual gl ut, of surplus fruit. One can only hope they have the decency to refrigerate. The eventual release of millions of black, overripe bananas may be more than I can handle. My source has indicated that the decisive moment to invade was made two nights when the President awakened in a cold sweat. He had dreamed of a half million prior, people standing on Pennsylvania Avenue singing, "Yes, we have no bananas..." This was the deciding factor Reagan used to commit our l troops to war. Surely he knew Ck>ngress would support him. My source, Reagans top ad visor on this matter, has per mitted me to use his. nåme so that he receives the full credit for these disclosures. Heres looking at you Bonzo, you wont go hungry this winter. Turkey Ericwitz Don't Mind Me Model Solves Energy Crisis by Rod Tubin current generation should leave future generations with SMeet-the-Faculty_interview the broken urinals in the men's restroom across from the entrance to the Law Library? Or are they just going to wait until they all break and then close the place down? 6) What does that white stain on the blackboard in room 109 supposed to be? My guess is that it is either representative of the Buffalo Model or Schlegel's brain waves. Since I'm the one asking the questions here, though, you're just going to have to come up with your own answers. > 7) Are all those things they say about Al Katz really true? 8) Why is it that more people go into Schlegel's office than come out? 9) Why was man born to suf- fer and to die? Turk talks Bananas Resources class are familiar with the issue of inter resource generational management—or whether the Onion staffer Judl ■Prof. I'.iul Spiegelperson waits, "William" Weiksnar rushes to get j Cbags packed, for The Onion to do a 5) Is anyone ever going to fix world, and that a basically defenseless School of Management would be an easy first target? I really wish that the powers-that-be would come to Letter to the Auditors me before making decisions like this. 2) What the hell is wrong with the New York Jets? Why is To the Editor: it that the greatest football team in the world can't even I can't believe it. At midmanage putting together a winnight last night, I received a ning record? To make things phone call from a highlyworse, the second greatest placed Administration official. the football team in the world, He wished to disclose the real San Diego Chargers, is wallowreason we invaded Grenada, ing in last place in its division. and being a responsible My only real hope is that the citizen, I pass on this inOakland (that's what we still formation.must I have become call them in California) Raiders privy to Ronald Reagan, fears come through for me and beat of—The Great Banana Emthe Dallas Cowboys in the bargo. Super Bowl. I hate the Dallas With memories of the 1973 Cowboys. oil stoppage fresh in his mind, the first 3) Why is it that on Reagan moved quick ly and floor of O'Brian Hall there are decisively against leading 109 and doors between rooms banana republics to impress 108, but there are no doors betupon them the necessity of a ween rooms 108 and 107, or constant banana flow. My between rooms 107 and 106? Is well-informed source told me there something in room 107 that the Organization of that isn't supposed to get out Banana Exporting Countries except through the hallway? If (OBEC) planned to emhad so, what is it? bargo the entire free world of for 4) Who's responsible the The Presipurple pit? And who's this wonderous fruit. move to avert dent made his Spiegelman trying to kid with Those who have taken Professor Meidinger's Natural Alleged himself. energy or knowledge. All great civilizations have consumed large quantities of energy. The energy consumption is necessary in order to produce surplus food, which in turn creates leisure time, education, and thus knowledge. This knowledge is then used to devise ways of producing and consuming more energy, and so on ad infinitum. The question which cannot beanswered is whether future generations would prefer to be left with energy or knowledge. Of course, students at SUNYAB Law School have already answered this question as it applies to their own lives, and have chosen knowledge over energy. We have foregone the option of being productive, and have invested large quantities of energy (i.e. food and money) in order to gain knowledge which we hope will produce more food and money. In our effort to obtain the maximum amount of knowledge for the minimum expenditure of energy, we have chosen to attend SUNYAB Law School. equivalent to oil and gas. Thus, traditional law school graduates leave school rich in mental energy. However, this energy is non-renewable. Once tapped it cannot be replaced, and the poor graduate is left without the ability to create more knowledge on his own. S/he will undoubtedly experience and "energy crisis" later in life when his/her supply Buffalo stresses alternative of legal knowledge is exand creative approaches to hausted, or when the legal producing legal knowledge—a technology changes. fact which cannot be said The faculty at Buffalo refuse about more traditional to fall into the same trap of schools. The prevailing trend producing non-renewable legal at most universities is to treat minds and have, instead, conlegal education as a finite, centrated on three methods of non-renewable resource. legal energy production. These Students are taught old doc- are fusion, recycling, and trines and unrelated bodies of passive energy utilization. The black-letter law. In order to fusion theory of legal make room for new informa- knowledge production is both tion, these antiquated doc- the most sophisticated, and trines die in the mind like the most simple. Its foremost fallen redwood trees. They are proponent is Acting Dean then buried deeper and deeper Schlegel, who is attempting to by succeeding coursed, and do for law what Einstien failed under great pressure form to do for physics—discover a deposits of fossil fuels continued on page 4 �Fashion Aid Update Faculty Fashion Verdict Is In: Eggs Among Tres Chic by Wendra St. Claire As the weather outside grows nippier, and Yves St. Laurent's mind turns towards the Spring Collection, moi thought to take some time to discuss a topic near and dear to moi's heart: faculty fashion. Yes, some of you ladies and gentlemen may be mumbling under your breaths that the phrase "faculty fashion" is a contradiction in terms. Au contraire, mes chers. Vraiment, there are a few bad eggs that spoil the bunch, but there are also those who can be said to be tres chic. And nothing brightens moi's day more than to sit in a classroom where the professor in not only well informed, but more importantly, well dressed. Some instructors at this institution, alas, are well known to be simply out of sync with the fashion world. Mr. Al Katz may be nearer to Cod than we, but he is not nearer to Pierre Cardin. Further, while a single earring may be de rigeur in certain circles, I shudder to contemplate what John Molloy would say. On the bright side, Mr. Katz was actually in the forefront of the suspender revolution which has captured the fancy of corporate executives nationwide. Turning moi's attention' to another sorry example, it grieves moi to note that John Henry Schlegel is simply not sartorialIy splendid, nor nattily attired, despite his charming bow ties. Gentlemen: I regret to inform you that the "dressing down" which was so popular in this country during the 1960's as a romantic gesture of solidarity with the underprivileged, is simply passe. As you may have gathered from moi's previous comments, what one wears is also, important symbolically. For many a day I have pondered the question "how does Mr. Kenneth Joyce choose which color LaCoste sweater to wear?" Having kept track of this important statistic since the weather began to grow chilly, moi can inform you that he is twice as likely to wear the red sweater with the blue alligator to class on any given day than the green or navy blue one. Further, he's three times as likely to wear the green alligator sweater on any given Monday than the mustard hued one. Once, he did confound moi by wearing no sweater at all to class (tho perhaps he left it in his office) and by presenting himself in a quite becoming burgundy pinstripe shirt. Most faculty members who are neither elegant nor defiantly tacky can be classified in some way or another as preppie. While moi has heard Miss Betty Mensch termed "hippie" by some, in moi's opinion she looks like a graduate student at Vassar in her corduroy jeans and sweaters. And Ceorge Zimmerman, eschewing the dressed for success uniform, favors handsome herringbone tweeds, beautifully set off by snowywhite, button-down-collar oxford shirts and two-toned striped ties in muted colors. (although moi has never seen him, moi is relying on his distance that Mr. Zimmerman reputation for fashion in the has taken to sporting a pocket community) and Virginia hankie, in reality he merely Leary, for sensible good taste. places his eyeglass case in his And lest I forget, the warm, upper right-hand pocket.). comfortable sweater look, Moi has saved the best which won Dan Rather higher dressed examples for last. To ratings, is exemplified by Mr. Charles Carr and Mr. David Engel and. Michael Howard Mann must go the Schaeftler. joint honors of Best-dressed Law Professor. Mr. Carr's practice of placing a fresh bloom in his buttonhole each day is one that I truly admire. While he by Nita Loya favors black suits during the winter months, moi must note that he looked particularly fetching in late August, attired in a linen suit with a pink rose in his buttonhole. Perhaps a red silk cumberbund would be just the thing with his black suit, white shirt and bow tie combination. And to Howard Mann, long respected symbol of fashion consciousness at the U/B Law School, moi sends moi's deep appreciation. Mr. Mann is nothing less than splendid in his three-piece grey suits, nicely accessorized with gold pocket watch, reminisSCOOP, darlings, on the cent of gentler times when a newest arrival in the Art World man did not set foot out of of Buffalo. He may be ian doors sans chapeau. unassuming law professor by day but in his spare time he exFASHION NOTES: ecutes some of the most daring photos of Buffalo's sweetest. While on the whole our proNow, after years of selffessors are fairly well dressed imposed artistic seclusion, in blazers and casual slacks, A.K. will be opening up his tres there are little touches of in- chic Allentown pad to tour1 dividuality, for instance Paul groups, proceeds to benefit the Spiegelman's comfy shoes, or Larry Flynt Legal Defense the pure whimsy of Lee Fund. A.K. will guide bevvies Albert's green tie. Honourable of curious femmes (I will most mentions must go to Paul Bir- certainly camp out the night zon, for his quiet elegance, before la Grande Premiere!) (While it may appear from a Sporting the latest of Camaby Street, our very own Sir Headrick plans his next move. "Dean1 Hearsay: Cat's Out of the Bag +t through the nooks and crannies of his photos—OOPS, I mean apartment—explaining his style extraordinaire and technique tres chic. Look for a review by our art critic, Minnie specialize development, anyone? P.B. and C.C., your Nita has discovered, have just opened Le Beau Geste fashion boutique on. the sizzling Elmwood Strip. Just a modest joint enterprise, they claim, but surely they jest! Civenchy, Blass, Klein and Armani flew in especially to sip the vintage champagne and cut the satin ribbon in celebration of this much-awaited clothier au courant. Le Beau will delicious detours in between) In an effort to encourage male enrollment in this encounter in personalized tailoring and boutonniers, but nary a sock will be stocked.... The last item I have for you darlings this week is on a more educational (say not so!) note. Minimalist, in columns to In a never-before-imagined U/B come.... Law first, I.M. will offer to the Try as he might to deny it, public her rave encounterN.O. seems destined to star in group extravaganza entitled his very own early morning "Constitution and Cenitalia." exercise-and-diet television Scheduled for this coming program, "Corpus (OOPS) upcoming weekend, Delectable." Never-before- when students and faculty seen calisthenics and recipes alike will be at the peak of will be shared with all a.m. their intellectual and physical tube groupies whodare dial in. frustration (what with this nasRumor has it that A.C. will < o ty semester all but over), I.M.'s host the show, providing mini-course will address such cheers of encouragement to areas of interest as shoulders, the host and chopping temples, lower back, and vegetables when needed. 'Rear calves (hopefully with some (boy-girl-boy-girl is much more exciting!), special male guest instructors have been enlisted. H.M. will offer a special workshop in "Ageless Erotica." while D.E.s imprimatur will be on "Non-torlious Nibbling," and P.S. promises a glimpse into his special "Plaintive Pulsa- tions." See you there, darlings Onion and SBA Clash Over Cache continued from page 1 ing the bottles and cans over to a joint "Onion-SBA Trash Bucket" and to split the proceeds with whomever took the empties back to the store, but extremists rejected this proposal and instead called in Mick the Shaft. It is quite possible to estimate the cuwwent vawue of the accwued weiceivables," said the SBA expert. "By capitawizing the watio of number of cans to the pwice of awuminum and gwass, we can pierce The Onion's whale and have their buget weduced even before final exams are over." Other faculty members expressed similar sentiments. "It's an outrage," said Professor Ken "Get 'Em Out By Christmas" Joyce. "How could anybody leave so many of them around their office for so long without doing anything with them?" Professor Virginia "There Is A Santa Claus" Leary,was more direct. "They have clearly violated international law," she asserted. [Onion guzzlers would not deny that most of the empties in question were, in fact, Labatt's; the United States, however, is not a party to the 1983 Great White North Treaty which requires Canadian empties to be cashed in within six months of their pur- chase.) With The Onion's budget sure to be cut in whatever amount Mick the Shaft recommends, dozens of student organization representatives, smelling the filthy lucre from several stories down, began to line up outside the SBA office. First in line was Jacques Itch, president of the MaleLaw Student's Association. This newly-chartered student organization is seeking. Itch said, to achieve funding parity with its sister organization, AWLS. "We're trying to get Larry Flynt to speak to us," Itch said. "He's on the lecture circuit, explaining his role in the DeLorean case, and he really wants to bring his act to Buffalo." Flynt reportedly calls his first-amendment presentation "Spread Eagle in the Eyes of the Law." Another early comer represented the Schlegelized and Apathetic Majority of All Law Students Association The (SCHLAMALSA). spokeswoman, who did not care to give her name, said her organization would seek to obtain funding to send all its members to a convention in Puerto Vallarta over intersession (entitled "How to Lobby a Student Government for Money"). She admitted, however, that her membership Mute Court director Dan Peas was asked to confirm honoring their namesake whether his organization planSchlegelship by "making the ned to use its share of the windfall for sponsorship of the argument." A contingent of BuffaloFlaw First Annual Toxic Waste Review associates were busy Regulation Advocacy Complanning a rotation schedule petition, reportedly at the site whereby each spent three of the 99th Street School in hours a week holding the Niagara Fall. Peas would not Review's place in the line. comment on this or. for that Editor-in-Chief Ken Schnapps matter, on anything else. assured The Onion that it Representatives of the Irrawould put the funds to good use. "We're going to be the tional Law Society were expellfirst law review in the U.S. to ed from the line after other print an issue full of stream-of- liner-uppers complained of the consciousness prose and small of the vodka and pickles. poetry," he explained. (In an In protest of this unconstituaside which he imprudently at- tional exercise of the police tempted to make off-the- power by AMLS and record after he uttered it. SCLAMALSA. the ILS conSchnapps added, "It's really tingent started their own line outside The Onion's office. just the Mensch issue.") could really care less if they got to go, and that they were Home, Sweet Home The SBA "Lost in Space" committee unveiled its proposed new headquarters for The Onion.According to chairperson "Chief" O'Hara, "Now you guys can have hot and cold running journalism " December 1, 1981 Onion 3 �The Enemy You Love to Hate: \Schlegel Goes Would You Believe the USSR? by Francis Buttinski They're our pro occupation They fill in the gaps in TV pro gramming between the daytime soaps and the nighttime dopes. They're brutes; the all-purpose fall guys. They're the Russkis. For better or worse—they seem to have put themselves there. They are one continuing global public relations disaster. They shoot down a Korean airliner and then don't even offerrefunds or discount coupons. They attempt to handle the Polish situation and it puts them in a hole deeper than Chrysler or Tylenol ever imagined. The Russkis definitely seem to be on the downside. They seem to be getting the hang of good grooming when they brought in white-haired, gentle-looking Yuri Andropov to replace everybody's heavy, Leonid Breshnev. Then almost immediately. Andropov becomes deathly ill. With Andropov they showed a sign that they were getting media-wise. They probably thought, "Hey. the U.S. has Reagan, we need our own Mr. Amiable. Breshnev was OK with Nixon around, but nice is in." Too bad. looks like their nice guy is out (maybe it's in their air). Perhaps the Russkis will never achieve that winning media image. And for this they may have only themselves to blame. First off, they start out by building their roofs in the shape of onions! I hat's too "San Francisco" to seriously appreciate. Then they force us to have air raid drills and build bomb shelters. Let's be serious! A bomb shelter in every yard?! Nice place to sleep-out, but I wouldn't want to live through a war in one. And school air raid drills. You and your first-grade classmates engage in precision drills of falling onto the floor and under your desk. This, in addition to the prospect of spending weeks or months in your school's makeshift bombshelter, a k a. school basement. You knew that if this ever happened —spending weeks or months with' your classmates in the basement— the result would be sweet chaos. It made the experience one worth half-wishing for, par ticulariy during winter. Bat the bottom-line for the Russkis in all of this was that they came to be perceived as a cross betwean Karl Mian and the Marx Brothers. The Space Race did nothing to dispel this hybrid Marxist image. Why were they and ourselves racing to the Moon? Was it going somewhere? What was so hot about this dust bowl in the sky? Not much scenery. Good thing the astronauts brought their golf clubs with them. Then the Russkis go and invade Afghanistan. Afghanistan?!? Why would anyone in their right mind bother? It's a barren, wind- A floatilla could have been organized. Telethons could have been held. How about it—Pooches for Peace. It's alarming to see this going on right here in the twentieth century—the one and only Modern Age. But then as Arthur Clarke said: "The future ain't what it used to be" Perhaps the Russkis' problem continued from page 1 "Well I'm not going to tell you anything," Schlegel said. This reporter next approached Al Katz. After being assured that I was not there to ask him about my criminal law final from a year ago, the question was put to him—why did the Law School hierarchy nuke the empty lot in front of O'Brian Hall? "To answer your question, the reason that we did it has to do with virtue and authority," said Katz. To that response he got nothing but a questioning glare. "The unity of virtue and within the authority metaphysical world of moral turpitude, order, continuity and sovereignty allows for the source, whether god-given or evil, to decide between guilt and innocence." This reporter attempted to elicit a more lucid explanation. "We can nuke whomever we goddamn well please, " Katz responded, finally saying something comprehensible. "If you want to know more about the virtue part go talk to Freeman." "let's make this quick, " Freeman said. "I'm off to Central America to join my com- This reporter asked why. "Isn't it obvious? If they're going to put a building there, it should be given to Tolstoy College, not the evil capitalists. They already have enough stuff. As for who authorized it, the entire administration, faculty and staff were consulted and we all agreed that it had to be done. Everyone here is very unhappy that we missed." A poll of the Law School community showed general support for this statement. "There was no fallout from this," said one professor. "We all realized that we would have to go through with it sooner or later." There was a lone dissenter, though, in Michael Schaeftler, who commented: "They twied to pierce the cawpawate whale with their wittle bomb and they failed!" Damage resulting from the blast appears to be minimal. Public Safety's Eureka confirms this: "The weapon seems to have been detonated in the wee hours of the morning when no one was in the area. And since no wildlife can exist in Buffalo anyway, it does not seem likely that the radiation will have any long-term effects on the environment." patriots." If anything, this rather exFreeman was asked what the treme action taken by the nuking of an empty lot has to School of Law might very well do with virtue. benefit U/B. University Presi"Well," he said, "we actual- dent Steven Sample, comly missed our intended target. mented, "It will actually save We were really attempting a us some money. We were plansurgical pre-emptive strike on ning to put a building there anyway. Now we won't have to the new School of Managedig the foundation." ment building." unified field theory which underlies and explains all legal doctrines. The potential value of such a discovery is unlimited. When finally understood and properly applied such a theory could be used to create unlimited amounts of legal energy. Physics of law Under Schlegel's Theory, energy is released when two traditional doctrines of Con- tracts and Torts are fused together forming a "Contort," the basic building block of all human interaction. The concept of a Contort had great legal utility and will be in- U/B graduates if they find employment One recent exam question illustrates the practical gain—Afghan dogs and nigs? satisfactorily handled through What else was there? Ceez. if application of traditional docthey needed some dogs and trines: rugs, why didn't they just ask? A masochist meets a sadist it tmw #■ fm» * -• time, candidates for the office of Acting Dean had begun to queue up outside O'Brian Hall. continued from page 1 Copher would not reveal S( Hegel's new salary, but he hinted that "Jackal Fleshman's payroll computer doesn't go that high." Dean's Wars sudden departure (on People Express Flight 500 at 5:50 this morning, according to his travel agent Laverne) has thrown the third floor of O'Brian into more than the usual chaos. Sir Thomas Headrick, reached by remote telephone from the Christ Church College meadow at Oxford, conferred (with livery of seisin) the title of Acting Acting Dean on Schlegel's eldest lineal male descendant pending vote of the faculty. That vote, however, is reportedly several weeks away, as the faculty factions have already developed in an effort to determine the course (if any) of the Faculty of Law and Jurisprudence over the next six weeks. The fight is essentially one between O'Brian fourth and fifth floor faculty members, though some of the sixth floor Clinic instructors (and reportedly a seventh-floor economist or two) have also joined the fray. Members of S< Hegel's the fifth floor faction have taken the lead of Professor Charles "Lancaster" Carr and have begun wearing red roses as a symbol of their Sensible Part platform. Not to be out- done in Shakespearean imagery, supporters of the Silly Party contingent on the fourth floor (led by Fred "Lord York" Konefsky and "Lady Pi" Avery) have adopted the white rose as their symbol in this academic war. Sir Headrick has secured the services of the Royal Shakespeare Company in choreographing the battle which is to ensue. Each faction has already begun charting its own Revision of the Buffalo Model, and students will have to choose which of two sets of Spring 1984 courses they wish to register for. Sensible Party faculty have proposed courses in "Ambulance Chasing," "Torts and Bankruptcy in Context," and "Adjectives and Verbs in Subchapter S of the Internal Revenue Code." Silly Party supporters will choose among "Aborting," "The Politics of Pooh" (to be teamtaught by Profs. Freeman and Mensch), and "Property and Capitalism;. Myth or Legend?" Both factions are holding out for an offering from Professor Mann, who in an exclusive interview with The Onion promised to accommodate both factions by offering "Con Law IV (A)" and "Con Law IV(B)" in Spring. "No one will ever know the difference," Mann remarked. Schlegel, reached at considerable expense by a roving Onion reporter who took the next flight to meet him at Club Mcd, was asked to comment on the developments since he threw the Law School into turmoil. "What's your bitch? I was going crazy in that job—decision, decisions, decisions every which way. Now I'll be able to put all that law in context." Model Solves Energy Crisis continued from page 2 nature of applying this new swept, mountainous no-man's theory to resolve common land. What is it they have to disputes which are not 4 is that they seem to have an all-male club at the helm. Where are the Russki women? They can't all be at gymnastic practice. Why not make a trade with the U.S. for some top females How about a female weightlifter for Barbara Walters—even Steven. Then we can all settle down to the important things in life. Nuke the Lot... valuable to future Lateral\ who agrees to beat the masochist for five dollars. Upon entering a room the masochist pays the sadist, falls to the floor, and pleads "Beat me, beat me!" Whereupon the is akin to the use of the sun's rays which are converted to electricity through the use of photo-voltaic cells. By and analagous process, a U/B Law student, when exposing him/herself to the Law School, absorbs enough legal knowledge to produce energy. This method is also employed by various faculty members with varying degrees of suclawyer. cess. The important thing to One faculty member ex- remember is that this form of plains the value of such doc- knowledge production is totally passive, and as such does trines this way. "When a doctrine dies it decays and emits not require participation in methane in the process. The classes or reading beyond an law industry had always run occasional outline. well on a supply of natural gas. There are drawbacks to this However, it is only recently method of legal education, that we have had the abundant however. Just as solar energy supply of freshly dying doc- will probably never replace trines to supply gas in large more conventional forms of enough quantities." energy production, this passive system of knowledge production is supplemental at best. Passive Energy Students using this method are The final method utilized at advised to develop backup Buffalo to create legal systems to provide additional knowledge is the so-called knowledge should the passive "passive system." This system system fail. have become viable in terms of recycling. Evidence of the growing use of recycled doctrines can be found in California, a state known for recognizing and applying sadist yells "No, no!", laughing unusual legal theories of seemas he runs from the room. What ingly little merit. Especially action under contract? valuable in amending Damages? Specific perfor- pleadings, the use of discarded mance? What action under doctrines is a mark of a tort? Emotional harm? Pain and resourceful Buffalo Model suffering? By solving relevant and provocative exercises such as the oneabove, students at Buffalo become skilled in creating legal resources necessary for facing the legal challenges of tomorrow. Legal Recycling The second method of producing energy at Buffalo is the practice of using and reapplying old and forgotten legal doctrines. This method had proved invaluable in light of the thousands of available discarded doctrines which, because! of rising legal costs. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:52:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9631004359d4fa07bc0f38aad4abaea9.pdf 1b5761f33f95f6383aafc5301a8748cc PDF Text Text Vol. 24:5 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 9,1983 Desmond Competitors Cause Library Damage by Lisa Kandel which will reduce this difficulty. Although there was a Missing Matter substantial attrition rate betThe problem of limited ween those who picked up the resources was exacerbated by Desmond Competition Prob- the disappearance of library lem and those who actually materials. This included submitted briefs, according to outrightremoval of library proMoot Court President Daniel perty and "misplacement" of Pease, the competition is proarticles and microfiche sheets. To replace the missing ceeding as scheduled. Pease attributed the high materials, Pease estimated, drop-out rate, at least partially, will cost the library "probably to students' becoming over a thousand dollars." Acfrustrated in attempting to cording to Pease, it is unlikely gain access to library that the Moot Court Board will resources. Next year's Moot pay for this damage. Court Executive Board will The Desmond Competition, work with the library staff to, structured so that it consists of hopefully, devise a system two-person teams, includes a written brief and three nights of oral arguments. For grading purposes, brief and oral scores will be weighed equally. Board Membership According to Pease, there will be a "natural cut-off" to decide Board membership so that "there will be an obvious difference between someone who makes the Board and someone who doesn't." Pease estimated that approximately one out of four participants in the competition will be invited to join the Moot Court Board. There are two aspects of the. competition: the competition itself and Board membership. Law Firms Drop Out, Syracuse Hiring Consortium Left In Cold by Martha Beach Assistant Director for Placement Audrey Koscielniak expressed disappointment at the results of the first Consortium of Upstate New York Law Schools. The Consortium, which Occurred on October 26th, was to have been a recruiting day for six firms, giving them the chance to interview Law students from Buffalo, Albany and Syracuse law schools. Although pleased that Buffalo law students followed through on their interviews, Koscielniak said she was disappointed that only two of the firms showed up. One of the firms was Cleveland, Waters, and Bass, from Concord, New Hampshire. This firm, which has a general civil practice, interviewed seven Buffalo Law students. The other firm was Widen Brinks Olds Hofer Cilson & Lione, Ltd, from Chicago. This firm, specializing in patent law, interviewed three Buffalo Law students. This was the first recruitment program run by the Con- sortium. Similar consortia exist throughout the country, the largest being the Southeast Consortium, which operates out of Georgia. A consortium is especially beneficial to a patent-law firm like Willin Brinks. Few students in any one law school have, the background in physical science that this firm looks for. Therefore, this firm will rarely visit individual law schools because recruiting is too expensive. The Consortium of Upstate New York Law Schools attracted this firm, however, because it was able to pool qualified applicants from three schools together. Koscielniak feels that consortia help to provide students with interviews who might not otherwise get them. A prime example is the student with a background in physical pools the qualified applicants together and makes a visit a worthwhile expenditure for the firm. A consortium provides this student with an interview he or she probably wouldn't have gotten. Koscielniak feels that corv sortia attract a wider range of employers, including public in- terest groups and government agencies. She feels that the problem with this year's Consortium was that it was scheduled too late. Many firms, she said, were already into their second interview stage at the time this Consortium oc- curred. She looks forward to a higher turnout next year. For purposes of the competition, the oral argument scores of each team member will be combined. However, for Board membership purposes, the Board will include only the oral argument score of the individual participant. Board membership. Pease explained, will be determined after the preliminary rounds of oral arguments. The final rounds will not affect qualification for Board membership, but rather are used solely to determine the winners of the competition. The Problem The four-member Problem Committee wrote the problem based on a compilation of real cases. The actual issue presented by the problem has never been addressed by the Supreme Court, Pease stated. He was extremely pleased with the problem, noting, that no questions regarding ambiguity arose. porting the respondent employer. Pease stated that he was not surprised by this breakdown. Inappropriate Remarks During last year's oral arguments, a "distinguished member of the Bar" made "an inappropriate comment" to a woman participant. Pease stated. Several Law School organizations, including the Association of Women Law Students, the Black American Law Students Association, and the Hispanic, Asian and Native American Law Students Association, felt that the Moot Court Board was not sensitive to the potential problem of sexist or racist remarks arising in the course of the competition. In response to their concerns, the Moot Court Board has included a statement in its general directions encouraging a to whom anyone "discriminatory comment" is made to complain. to the Consistent withthe structure of prior problems, this year's problem had both a pro- Board. By encouraging cedural and a substantive students to report such inissue The procedural question cidents, the Board hopes to concerns whether federal learn the scope of the problem. courts have exclusive or conThe Grievance Committee, current jurisdiction over Title VII claims. The substantive consisting of the Executive Board members, will decide on issue deals with whether a purportedly gender-neutral an appropriate response. Pease seniority plan constitutes stated that the Board would "follow procedures similar to pregnancy discrimination. those of the placement office" submitted, the 59 briefs Of 26 teams argued in favor of the when it receives complaints. pregnant women petitioners No formal sanctions have been and 33 teams wrote briefs sup- decided upon yet, he added. Committee on Paranormal Meets For International Conference by Victor Siclari of SUNY at Buffalo for its first science, seeking an interview major international conwith a firm like Widen Brinks. 29,1983, since its founding in only is the one On October 28 and ference If this student 1976. Headed by humanist seeking an interview, chances the Committee for the Scienare slim that the firm will come tific Investigation of Claims of philosopher and Professor of Philosophy at SUNY-Buffalo out to see just that one stuthe Paranormal (CSICOP) conPaul Kurtz, the organization campus consortium, however. on the Amherst dent. A vened prides itself on a membership of approximately 200 scientists and skeptics from around the world. According to Kurtz, the purposes of CSICOP include encouraging research into areas called paranormal, developing Grenada Teach-in Held an appreciation for the scien- tific attitude in the general public, providing a resource for data on the paranormal, and publishing such informa- tion in a quarterly journal called the Skeptical Inquirer as well as in other sources. Kurtz, in "Paul Kurtz: A Leading Debunker of Paranormal Speaks Out," from the Source, states that some 80 percent of Americans believe ESP and psychic in phenomena. Also The Times {of London) conducted a questionnaire in 1980 in which 98 of the 1,314 percent respondents expressed a belief in the existence of psychic experiences. Even McDonnellDouglas donated $500,000 to Washington University in St. Louis to establish a laboratory continued on page 10 ABA Recruitment photos by M.£. Berger was joined by Political Science Professors Terry Nardin Law School Professor (far left) and Jerome Slater (middle) at a Teach-in on the Grenada invasion. The panelists contended that the invasion of the Caribbean nation violated international law. Virginia Leary (far right) Moot Court Finals Schedule p. Bookstore *^^^12^^<^?/U^^^ —^Z^? Controversy p. 3 �Vol. 24, No. 5 Wednesday November 9,1983 Editor-in-Chief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Feature Editors: Lisa Kandel Wendy Cohen, Andy H. Viets Business Manager: Bob Cozzie Staff: Leah Edelstein, Cliff Falk, Jeff Johnson, Kathy O'Hara, Robert Turkewitz, Jud Weiksnar Contributors: Craig Atlas, Martha Beach, David H. Ealy, Chris Fink, Scoot Irgang, Lisa Roy, Victor Siclari, Steve Wickmark © Copyright 1983, Opinion, SBA Any of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo. New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, N Y. Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design University Press at Buffalo LJP Letter to the Editor Desmond Funding Denounced At November third's S.B.A. meeting, the Board of Directors voted to agument the cost of providing free dinners to guests at the Moot Court Competition dinner. The motion which was passed stated that student activity fees of up to $200 dollars would be made available to Moot Court for dinner expenses incurred over the cost of $1700 dollars. The $1700 dollar figure is the amount contributed by the Alumni Association, which has funded the entire Law Out of Bounds On November 2, the Student Bar Association passed a resolution on the U.S. invasion of Grenada which condemned President Reagan's use of armed forces in that country. The SBA Board then sent copies of this resolution to'a bevy of elected public officials from the President on down, and to the local media. (See text of the resolution on Page 5.) While we recognize the national and international importance of the invasion, and believe it must be discussed, we find it rather questionable that the SBA would take up its time debating such a political topic and then declare its findings as representative of the Law School, student body We must question the SBA Board with respect to its resolution for several reasons First, it presented nothing more than a series of conclusions; on its face, it was lacking in factual backing. Many of the statements of "fact" contained in it are quite probably true, but no effort was made in its text to legitimize its claims with supporting facts (or citations to the sources of facts). To quote just a few examples: [t]his invasion violates the fundamental principles of the coexistence of states;" "[T]his invasion further violates both the United Nations Charter and the Charter of the Organization of American States;" and "[T]his invasion is violative of the 1973 War Powers Act." Any or all of these allegations may be proven true, but casting the allegations in the form of a collective resolution does not prove any of them as such. Anyone can make accusations. If there is one thing we are constantly told in this law school, it is, "Make the argument." The SBA Board's resolution does not make any arguments at all. Instead it only makes conelusory statements that contribute little to the debate that should rightly arise over the invasion issue. In addition, we take exception to the statement in the resolution that the members of the SBA Board speak "as the elected representatives of the student body" on the invasion issue. While the Board may legitimately speak with respect to many intraschool and intra-university affairs, it does not speak with such legitimacy with respect to the political beliefs of the students. Nothing in the SBA Constitution confers on the Board the power to represent the students of U/B Law to the world at large. No one at this institution voted for SBA officials so that their official positions could become a forum for their own political beliefs. Finally, we wonder if entreating The President Himself is likely to attract more than an impersonal and irrelevant form letter from (at best) the Deputy Press Secretary. More likely theresolution was directed at the low entities on the resolution's mailing list, i.e., the local media. All things considered, we found last week's Teach-in on the subject to be a more newsworthy event than the ministerial passing of a resolution.by a majority of internationallaw novices. We must emphasize that we are not prepared to condemn or condone President Reagan's actions in Grenada. We are divided on the merits of the issue ourselves. Our point of contention is only with the SBA Board's taking upon itself the voice of the student body on this question. If SBA is to fulfill its functions, it should not be venturing into this questionable area of politicizing. ......... •"*»' ' 9, 1983 November si,i.-.vi)' f.<" continued on page 8 Opinion Columnist Takes Heat to the columns published under my name, I am somewhat confused by your comments. I do not know whether they are supposed to be funny or serious. If you are trying to be facetious, then, well, I guess everyone wants to be a comedien. If this is the case, I am sure that the editorial staff of The Opinion will be more than happy to accept for publication something that you have written. On the other hand, if you are being serious in objecting to my columns, then r believe that you are missing the point of them. There is nothing m'ystifyiivg about- my", articles—they are mere attempts respect When Mr. Viets' first article appeared in the October 12 issue of The Opinion, I regarded it as one of life's mysteries. I devoted no more time to resolving the mystery, however, since in reading the article I had already allotted more time to the mystery than it deserved. Now, however, after seeing that The Opinion is demystifying Mr. Viets by accepting his work on a regular basis, I must object to the practice. My first objection is that I am simply uninterested in his willingness to regale us with stories of his sybaritic pursuit of the perfect California tan. Of course, my have been more response may to point out some of the more humorous aspects of one law student's life. My intent is to make people laugh. If you or anyone else has anything to say as to whether or not I am successful at this, I will be glad to listen. Many have already done this and for them I have nothing but thanks. In addition, I find your objections to be at best questionable. If you are not interested in what I write about, they why do you continue to read my articles? If my writings reflect poor journalistic quality, then, again, perhaps you should write something for The Opinion. Andy.H.: Viets approving had Mr. Viets re- counted in detail one of his tales of drug-induced moral degeneracy, but alas, he did not. My second objection is that articles of this nature reflect poorly on the journalistic quality of The Opinion. Among the several • campus newspapers at (and for) our disposal, I enjoy reading The Opinion because it generally avoids the gratuitous acts of self-indulgence that are routine in the other publications. Should one require an example, one need search no farther than The Spectrum's News or Editorial? To the Editor: On reading the lead article of the Oct. 12th The Opinion, "Legal Services Corp. Distributes Monies for Political Lobbies", I was unsure as to whether I was reading a news feature or an editorial. One can only assume it was an editorial. That being the case, it's a pity the student body wasn't able to demonstrate the same sentiments in the selection of the editorial staff of The Opinion as it was able to demonstrate in recent SBA elections. grievously eminent Mr. Mack and his aptly-named "Attack." Naturally, an author can be self-interested without being mercenary, but Mr. Viets has boldly crossed that line with no apparent desire to retreat. I Richard Moore suggest that The Opinion would receive fewer articles of this ilk if it published without Editors' Response by-lines. My remarks are not entirely Dear Mr. Moore: negative. The Pudge Meyer arThis is in response to ticle on professional wrestling letter which we received your Ocwas a refreshing and welcome tober 22. change from the standard fare The to which you of Islanders, Knicks, Jets and refer wasarticle not an editorial. With Mets. I eagerly await his next the exception of the staff article. Please, publish more editorial appears on articles on wrestling! Less page 2, ailwhich articles reflect the Viets! Less Mets! opinions of their authors only. We regret that we did not Daniel Joyce make this policy clearer to you, but we also regret that we must restate it every time a Editor's Response controversial article passes out desk. Although politically we may not agree with all articles pur contributors write, we are While I most certainly ap- obligated, to publish diverse preciate any feedback, either points of view. positive or negative, with Whenever possible, we try Dear Mr. Joyce: Opinion been estimated at $2000 dollars, a substantial increase over last year's total. Individual dinners are to cost ten dollars, however, only spouses of Moot Court Board members are required to pay for their meals. All others eat free, so to speak. The S.B.A. made a faint-hearted effort to limit the subsidy to $7.50 per person for certain categories of dinner guests, such as spouses of judges. Otherwise, the full ten dollar subsidy has been maintained. The result of the S.B.A. allocation is that student activity fees will now go towards buyng dinners for the Moot Court Board, judges and their spouses, clerks, faculty and competitors. The arguments voiced in favor of this innovation were to the effect that free dinners have been "traditional," "judges won't want to participate in future years if they have to pay," "the competition costs too much as it is," and this from a second year director — "I've worked so hard (for the competition)." Our Readers Write To The Opinion Editorial 2 the dinner in years past. This year's total dinner tab has cost of To the Editor: to confine articles such as the one in question to our inside pages. It was with great concern that we placed the Legal Services commentary on our front page. Unfortunately, The Opinion can only publish that which has been submitted, and that issue was extremely short on more conventional copy. Our upcoming issue will contain a thoughtful and timely response to the Legal Services piece [see The Opinion, Oct. 26,1983, article by C. Piro]. We welcome substantial and insightful responses to the articles that we publish; we do not appreciate 77-word attacks on our editorial legitimacy which neither fill space in the paper nor address the issues that the questioned article raised. For your information. The editorial staff is elected each April by a majority vote of the general staff, which consists of the existing Opinion's editorial staff and such other law students as have contributed their services and at least articles/ three photos/graphics to the newspaper throughout the preceding year. All law students are eligible to become staff members of The Opinion. Mary Ellen Berger Editor-in-Chief Ray Stilwell Managing Editor �Political Commentary As Judge, Clark Favored Private Land Rights by David H. Ealy Justice Cardozo once observed that the extent to which property rights must yield to the public interest involves a weighing of the private loss against the public benefit. Courts are regularly re- quired to perform a balancing function in this context. Although our country's next Secretary of the Interior may not have extensive administrative experience, as a California Supreme Court Justice from 1973 to 1981 he dealt continually with environmental issues. A look at the opinions he wrote during this period reveals a superior regard for private rights. William P. Clark was appointed to the California Supreme Court on March 23, 1973 by then —Governor Ronald Reagan. Before this he was Governor Reagan's Cabinet Secretary and Chief of State. Mr. Clark has a close relationship with the President and will have ready access to the Oval Office. In his new post as Secretary of the Interior, Mr. Clark has the potential for being much more effec- tive than his predecessor James Watt in pushing through he wrote touching on environmental matters while a his decisions. judge on the California There has been wide Supreme Court/Most of these speculation as to why Mr. were dissenting opinions. In the well-known 1980 Clark chose to abandon his role as National Security AdMetromedia case, the Califorvisor. It may have been nia Supreme Court upheld a because of pressure from the San Diego zoning regulation "pragmatic" faction in the which prohibited the use of off White House, but his decision site billboards. The majority may have been influenced by a endorsed the aesthetic goals of desire to broaden his scope of the regulation and found the influence—for now he is a regulation to be a proper exermember of President Reagan's cise of the city's police power. Cabinet. Whatever the reason, Justice Clark wrote a lone if former Justice Clark is con- dissenting opinion. its In opinion the firmed by the Republicandominated Senate, he will influence the use and disposition of the vast Federal land holdings. The environmental impact of this influence is unquestionable. Justice may be blind in theory, but in practice justice must be guided by recourse to some inner reference. It is difby Wendy Cohen ficult for a judge to navigate his way through legal issues In the wake of criticism over without some reference to his the campus bookstore's orderown "moral compass." As a ing procedures, the Law School judge, William P. Clark's compass pointed a little to the faculty will be discussing alterright. His conservative orienta- natives to ordering texts from tion is evident in the opinions the campus bookstore at a meeting on Friday, November 11th. Criticism of the bookstore was initiated by students who found that the store ran out of new books for some courses at Tim, and witnesses will be the beginnning of the fall played by Law students; semester, although sufficient however, the jury has been new books were ordered by two faculty members. Two exselected from undergraduate pre-Law classes amples are Professor Majorie taught by Professors Tarbet Girth's Debtor-Creditor and and Brady. Sex-Based Discrimination The idea for the trial courses. In September, Professor originated with Cina Peca and a small group of Section One Girth wrote to University Vice students currently in charge of President Edward Doty to the overall organization of the bring to his attention that the project. Professor Ewing is bookstore had run about a dozen books short for Debtorgreatly encouraged by the enthusiasm and participation of Creditor, and had urged his first-year class, and may students to buy used books. An make the mock trial an option even larger percentage of for future classes to pursue. students were left without U/B Bookstore's Procedures For Purchasing Textbooks Lead to Faculty Criticism First Year Students Try Mock Rape Case by Lisa Roy Professor Charles Ewing's first-year Criminal Law Class will hold a mock trial on November 11 at 7:00 p.m: in room 109 Knox HallrThe trial is expected to last three hours, and all are invited to attend. thirty Approximately students from Prof. Ewing's class are divided between the prosecution and defense of Mr. Rusk, a Maryland resident accused ofraping a 21-year-old woman. The roles of defendant, vie- Military Adverturism, Devices Plague Boris, Bif & Cribbs It was with goodreason that the Reagan invasion of Grenada was the center of attention last week, but'a similar event earlier this Fall went virtually unnoticed by the wire services and got less than a paragraphy in most of the local media. It seems that, under the cloak of a joint inter disciplinary departmental cooperation agreement, U B President Sample ordered an invasion of the Law School by a joint force of undergraduate students and faculty. The objectives and purpose of this invasion were concisely stated by Sample at a press conference to announce the invasion in early September: "Our intentions are honorable. After the forced and bloody departure of moderate Dean Headrick, a brutal group of leftist thugs, led by Schlegel, took over the administration of this small but vitally strategic school." No one knows how long the students will stay, but reinforcements are expected to take over the Law library come exam time. One of the particular reasons for using the library, as a .base of Qpecations total prohibition of protected expression." He did not think alternative means of expression were available and accused the majority, of pushing the police power "so far from center balance as to abolish the private loss. Justice Clark protected speech." Mr. Clark's weighed the factors differently regard for aesthetically pleasand solely opposed six other ing land use is left to conjecJustices in deciding that the ture. aesthetic objectives involved Whereas Justice Clark's did not warrant the prohibition position in the Metromedia of the commercial speech concase can perhaps be considered pro-development, his tained on billboards. In his dissenting opinion, position in a 1973 case interClark declared that "ob- preting a Coastal Zone Consertrusiveness does not justify continued on page 5 Metromedia majority balanced the aesthetic goals of the zoning regulation (along with a minor traffic safety element) against the Respondent's First Amendment rights, and found the public benefit to outweigh is believed to be the difficulty my associates would have getting a truck with the appropriate compliment of explosives up the steps to the se- for Professor Girth's Sex- bookstore had available in its Based Discrimination seminar: records, the bookstore though she requested eighteen disregarded the instructor's renew books, only five were acquest and ordered on the basis tually ordered. Commenting of its own information. on the difficlty with relying on In an effort to ensure that used books in courses which relations between the Law are oriented towards solving School and the bookstore are problems in the texts. Prof. smoother in the spring Girth said "I don't think that semester. Campus Bookstore the bookstore should decide Manager John Feuerborn for reasons of its own that new states that one specific copies won't be available for erhployee has been designated to deal with all aspects of students who want them." Another problem with the book ordering for the Law book ordering process which School. This employee will be Prof. Girth pointed out was the responsible for personally consubstitution of a cloth bound tacting all faculty members in book for a less expensive regard to their orders. Explainpaperback book she had ing the bookstore's proposal to ordered for her seminar, improve service in a letter to perhaps because cloth bound Associate Dean John Schlegel, books are more profitable for Mr. Feuerborn also requested the bookstore to sell. The that faculty members include bookstore stated that it did not the notation "new" on text reknow the book in question was quisition forms, to avoid any available in paperback. Pro- possible conflicts. Commenting on the professor Girth remarked that apparently, if an instructor's blems at the start of the order was based on more re- semester, Mr. Feuerborn said cent information than the continued on page 4 texts SBA Town Meeting Seek To Encourage Student Participation (cold weather, aluminum bats and hard throws were the cumulative cause) but the problem, which has been aptly named "shattered crystal" syncond floor (not to mention the drome, should go away by next difficulty of negotiating the season. For those of you who are curious, try holding a turn from the satellite cafe, around the elevators and baseball-sized chunk of ice unthrough the library window til you can't feel your hand and while maintaining a high rate then give your best friend an inspired and vigorous highof speed). I would be terribly remiss in five— talkabout pain, this one my responsibilities as a yellow is a real high for masochists. Chevy MVP awards clearly journalist if I failed to mention last Saturday's softball go the entire Device team: playoffs. What a display of Sara and Sue for showing up, unabashed irresponsibility and no matter how comfortable team spirit that was! To think the bed is on a cold Saturday that so many could play so far morning at 9:00; Barney for dyover their heads on so ing when we needed it most; miserable a day for so long Bif and Cordy for being Bif and Gordy—no question; Watty for against so many for so little—it was so inspiring. So was the "heat-of-the-moment" the weather. Saturday, Oct. high-five; Stewy, John, John 29th, was about as poor a day and Nissan for really playing as we've had this year, but still softball; Warren and Eggy for the hitting and fielding on the their errorless drinking efforts part of the Cylindrical Devices after the game; Boris for sur(hometown favorites who lost prising everyone, including the the close final game to some other team; and, finally, the other team whose name slips scheduling committee for getting us into the playoffs on the my mind right now) was nighof our unupon flawless. A bad case of strength string of forfeit the plagued has precendented nerve damage glove hands of the entire team victories. Do Svidanya. . by Craig Atlas held on Monday, November 7. This time the subject was the Academic Program Policy and Committee (APPC), which deals with exam policy, was The SBA recently completed a process of selecting interested students to serve on Law School committees. Now that these committees are grading policy, curriculum, actually functioning, you may and other academic matters be interested in what they are which affect us all (such as, doing and how they affect you. what is the "Buffalo Model"?). The final "Town Meeting" For this reason, the SBA is holding a series of "Town for this semester is scheduled Meetings" of the student body. for Monday, November 14, at Each of these informal 1:00 p.m. in the student lounge meetings will focus on one of on the first floor of O'Brian the Law School committees. Hall. The topic will be All interested persons are admissions polciy. This is an invited to attend in order to opportunity to become find out what the committees informed about what input are doing and to contribute students have into admissions suggestions as to what decisions, as well as to suggest priorities the student members to our representatives on the of the committees should be Admissions Committee what they should take into account focusing on. The first of these "Town in selecting new U/B Law Meetings" was held on students. These "Town Meetings" are Monday, October 17. Those people who showed up got a meant to be informal ways to chance to tell the students stay informed and to voice members of the Appointments your opinions to our Committee what qualities they Committee representatives. should be looking for in Feel free to bring a lunch! Coffee and other beverages screening new professors. The next "Town Meeting" will be provided. ~, Novr«ilier *\ \WI m-w> 3 �M Oil locaho-n »\ Oft — Financial Aid "La-v «'s- Capen by Steve \ " '///////////////s////////////W/////MW/////ft^^^ ■ Office Open Wickmark Dear fellow students: Now is the time when the last thing you want to hear about is financial aid. Either your bill is paid and you are off the hook for this semester or your loan application is hopelessly lost in the bureaucracy so you have given up. Regardless of the source of your apathy, it is a safe bet that you all suffer from it. Nevertheless I am obligated to bring you up to date on a few ]n ri&te Update financial aid facts. 1) Work Study-Pay checks for work study students will be distributed from the Financial Aid Office in 232 Capen Hall beginning November 4th. 2) Satellite Branch —For those of you who have not yet discovered it, the Financial Aid Office and the Office of Student Accounts have opened branches in room 232 Capen. Most of the problems which heretofore necessitated a trip to Main Street can now be taken care of in Capen. 3) Sallie Mac —Sallie Mac still lives. I have requested fliers and information from Sallie Mac re: loan consilidation. Congress is currently con- sidering legislation which would revise Sallie Mac's charter. I'll keep you informed as to further developments. 4) Late Fee Waivers Anyone who missed the October 25th payment date for the first semester's bill should expect a twenty dollar late fee unless you have seen me and were able to get it waived. Bills not paid before the next due date will have an additional twenty dollars tacked on. 5) Office Hours —Finding that I spend more time than I — had originally anticipated tracking down loan checks and TAP applications, I have had to reduce my office hours somewhat. Starting November 7th I will no longer hold open office hours after 3 p.m. on Tuesday or before 12 noon on Friday. If someone needs to see me during these times I will be willing to arrange appointments. 6) 1984-85 Financial Aid Applications—FAF and FAA forms for next year's NDSL and work study will be available soon. There will be a financial aid information table set up outside the law library where these forms can he picked up. Faculty Criticizes Bookstore's Procedures students are in the class, those continued from page i five students won't have "We were under the assumption that law students, like books," he noted. Prof. Girth commented that other students, would want to the basic policy is that the if It was buy used books. pointed out to us that law students bookstore cuts faculty orders, prefer new books, and in the "it remains to be seen" future we will have new books whether having a single person on the shelf." He added that he in charge of Law School text does not forsee any problems ordering will help. Dean in supplying law students with Schlegel adds that we can't new texts in the spring ascertain what caused the semester, unless a particular underordering last semester: course is overenrolled. "If 100 "The bookstore asserts that exbooks are ordered, and 105 cept in cases of error, they Commentary order what they are told to order; the faculty asserts to the contrary," he pointed out. Alternatives Dean Schlegel, at the request of the faculty, has been investigating ' alternatives to selling law school texts in the campus bookstore. He will present, the proposals of three local bookstores at Friday's scheduled faculty meeting. Commenting on the pros and cons of switching to an offcampus bookstore, he noted How to Open an Oyster Without A Knife on the Moneymatic Line by Andy H. Viets The other had a line behind it that extended back to Talbert the library the Bullpen. I got on the end of the Sitting in other day pretending that I was line and began to wait. Realizstudying, it suddenly came to ing that this could take awhile, mind that I had to pay my rent I pulled out my tax book. I for this month. Off I went to soon became engrossed in the the Marine Midland fascinating world of ill-gotten Moneymatic Machine in gains taxes. I finished the Capen Hall. Expecting the line assignment and looked up. The to be rather long, I brought line had moved about ten feet. with me a few books to read. I stood there for a few minutes When I got there, my worst just looking around and twidfears were realized. One of the dling my thumbs. I needed machines was closed down. something to do so I took the October 31, 1983 edition of Time magazine out of my Does it Better, Faster for Less! Resumes Professionally Typeset A Printed Briefs A Writing SamplesCopied Posters •• Flyers Brochures •• Tickets Bus. Cards •• Letterheads • Envelopes Amnsfst 834-7046 shoulder. "What do you think of this CM settlement?" he asked me. "I'm not sure," I responded, 3171 Main St Buffalo 835-0100 Opinion 4 representation of women and minorities at all levels of the company." While reading this a gentleman got on line behind me and began peering over my ALSO: 1676N.F. Blvd. backpack. Opening it, I randomly turned to page 92, on which there was a short article about General Motors agreeing "to spend $42.5 million dollars over five years to increase the somewhat surprised that he was talking to me. The only thing I've ever heard anyone on the Moneymatic line utter is a rather vicious growl about how long the line is and how Nov»n**rl,l«3 that it would be inconvenient for students to have to buy books off campus, and at least the campus bookstore is nearby. Student input on the bookstore issue is encouraged, and Dean Schlegel said that serious suggestions might carry some weight with the faculty. Ordering law books from an off-campus store has received mixed reactions from faculty and students. Prof. Girth said that if the law school could get better service, without too much inconvenience to students, then certainly ordering books from an off-campus store was a possibility to be explored. Law student David Marcus also commented favorably on the idea, stating that one reason for the bookstore's poor service was that it is a monopoly, since the nearest place to purchase law books outside of the campus country." store is Syracuse. Law student "I'm sorry," I said with a Debbie Golomb, however, blank face. "I didn't know." commented on the inconve"Don't you think that what's nience of ordering from an offgood for business is good for campus bookstore, especially the nation?" he asked, eyeing since students may need to me suspiciously. visit the bookstore throughout "Well," I responded, "I don't the semester. like to make blanket comAsked to comment on the ments like that about any inbookstore's service, students cited several problems. Third stitution." "What are you?" he year student Mike Groben said demanded, "one of those left"I think it's abysmal. I don't wing radical godless comthink it's unusual for a college munists from the law school?" bookstore to get books in late I stood there dumbfounded. or run short of books but what Then I got angry. Where I is unusual is the way they income from, them's fightin' evitably blame it on the prowords. I might be a godless fessors." Mike recalled that communist, but no one gets the Professor Halpern's away with calling me a left- Criminal Law class last year, wing radical. students had nothing to study "I beg your pardon," I said. for several weeks, and Prof. "While I am most certainly a Halpern had to copy the first student of the law, the re- few chapters of the casebook mainder of your description is and put them on reserve. Mike not quite accurate. I prefer to also remarked that it would be think of myself as an idealistic a lot more convenient to raze realist." the new bookstore building "Well, suit yourself," he and move the bookstore back said, "but I still think it's a fact to Baldy Hall, where it would that whatever is good for get more customers. General Motors is good for the Third year student Dave country." Marcus also suggested that the continued on page 11 bookstore try to expedite late long they had been waiting. "Well," he said, "I'll tell you what I think. I believe that whatever is good for General Motors is good for the faculty orders so that students could buy books at the beginning of classes, and that the bookstore put a sufficient number of new books out on the shelves for new courses, rather than used books which are heavily marked or the wrong edition. Another improvement in service, he noted, would be to have more help in the aisles from salespeople at the start of the semester. One further suggestion, offered by Debbie Golomb, would be to have some type of organized student and faculty input into what books the store stocks in its literature section. A key to receiving better service from the bookstore in the future is monitoring its actions. Prof. Girth suggested. "As long as there is only one bookstore on campus, it will have to be monitored closely. If it is, it is less likely to be a problem in future." Satellite Sales In a related topic, Dean Schlegel also explained why Law School duplicated materials are now being sold in the Admissions and Records Office rather than the bookstore. He explained that the State of New York was being sued for copyright infringement stemming from the use of duplicated materials in the Computer Science Department, and while the Law School's position is that its use of duplicated materials falls within the Fair Use Doctrine, this position had been disputed. The University had taken the position that the bookstore sell duplicated materials only with the permission of the author, publisher, and all other relevant parties, or an affidavit from the author attesting that permission from all necessary persons has been obtained. Dean Schlegel was unable to state whether selling the duplicated materials through A&R results in savings for students. . �As Judge, Clark' Favored Private Land Rights Political Commentary- continued from page i vation Act is conclusively prodevelopment. Writing for the majority in a 4-3 decision, Justice Clark interpreted a provision of that Act so as to allow builders who had obtained building permits after the effective date of the Act to circumvent its environmental ob- poration. Mr. Clark's position on the issue in that case illustrates his deference to the needs of enterprises. No Oil involved the judicial Justice Mosk wrote a strong dissent arguing that the legislature would not have exempted construction com- menced before a deadline from environmental constraints, when it specifically re- »<*• . •.. , .' nable from his stance in State of California v. Fogerty. There the balancing equation was reduced to its simplest terms: the issue was whether the State government could be estopped from protecting the state's shorezones from being over- Environmental Quality Act (CEQA) of 1970. CEQA manutilized. dated submission of an enThe majority position rested vironmental impact report on the rule that estoppel will (EIR) for all projects having a not be applied to the government if the result is to nullify a "significant effect on the environment." The court directed strong rule of policy adopted the Superior Court to set aside for the public benefit. Justice city ordinances allowing the Clark in his dissent recognized oil company to drill two test this rule of law but also wells on the beach at Pacific recognized that government Palisades because the city failmay be estopped when the ined to render a written deter- justice to be prevented mination outlining why an EIR was not required. The majority held that an agency should prepare an EIR The enclosed resolution was whenever it perceives "some passed by the elected substantial evidence that a representatives of the student a project may have significant University of at the State body effect environmentally." New at Buffalo, Faculty York Justice Clark in his dissent argued that the test wells were of Law and Jurisprudence on November 3,1983. It was passdrilled for the purpose of ed by a vote of 15-0-2 on "resource evaluation" (despite the ramifications of a positive November 2 in the two hundred and seventh year of the test) and thus were categoricalindependence of the United from the act ly exempt States. because the project would not Whereas, President Ronald result in a "serious or major Reagan has ordered the invadisturbance to an environmen- sion of the soveereign nation tal resource." of Grenada with members of Despite intense and continuthe United States Armed with the ing public concern Forces; and possibility of environmental Whereas, this invasion disaster and the impact of oil violates the fundamental prindrilling in the vicinity of public ciples of the co-existance of beaches and residential states, their independence in neighborhoods, the dissent the world,community and the,ir concluded that the test holes freedom frorp- intervention by would have no significant ef- outside forces in internal fect on the environment. The political matters; and majority considered public Whereas, this invasion furconcern to be an important ther violates both the United factor in determining whether Nations Charter and Charter of an EIR should be prepared, yet of American Organization the this Justice Clark disregarded States to which this country factor in his analysis. Perhaps the clearest example of Mr. Clark's position on environmental issues is discer- i outweighs the resulting effect on public benefit. The outcome of the analysis turns on the pure balancing of public and private interests. In refusing to apply the doctrine of estoppel, the majority emphasized the fragility and complexity of the biologically useful shorezone resource Justice Clark in his dissent focussed on the extent of the shorezone throughout the State and the productive benefits afforded by this land when private use is unrestrained. In this case the future Interior Secretary preferred unlimited private use of a complex wildlife habitat over the preservation of that resource to any degree. The consensus inside the White House, according to press accounts, is that Mr. Clark is a much more eventempered administrator than was his predecessor. But those who disliked Mr. Watt's prodevelopment stance may find an even more capable adversary in Mr. Clark. He will have the President's ear for his stronger propossibly development outlook. He will not be in the news as much as James Watt, but he will now be implementing his pro-business policies unhampered by judicial constraints. Grenada Resolution Passes ''.', ..■.'... in a dissenting opinion in 1974, Justice Clark revealed his conservative bent. Again there was a choice between public land use benefit and private enterprise; Justice Clark sided with private enterprise. The 1974 No Oil case dealt explicitly with the rights of big business in the form of the Occidental Petroleum CorAgain, large commercial interpretation of the California jectives. quired substantial construction before this date in another provision of the Act. The minority also pointed out that the majority interpretation allowed a builder who hurriedly performed "substantial work" on a project inconsistent with the assurances of coastal development consistent with environmental objectives" to "beat" the deadline with the legal stamp of good faith. As a result of the decision in this case, seventeen building projects totalling 2,700 units were granted immunity from the Conservation Act. Ten of the builders received their building permits within two weeks of the deadline. One builder of a 100-unit condominium obtained his building permit one day before the deadline and poured part of the foundation that same day, thereby qualifying for complete exemption from the Lj SA Speakers Bureau Presents Is America Being Poisoned? Lew Regenstein (Author of America the Poisoned) vs. Rita Lavelle (Ex-EPA Superfund Director and the woman that held Congress in contempt) — Wed. Nov. 9 Slee Hall Bpm Tickets at Capen and Harriman Ticket Office Students $1 in advance $2 at the door General $3 in advance $5 at the door has promised to abide, as well as violating the treaty of the Organization of Eastern Caribbean States upon which the United States based this invasion; and Whereas, Ronald Reagan has exceeded his authority as President of the United States by sending the Armed Forces to invade a country which does not threaten the sovereignty of the United States and to which the United State has no rights or interests; and Whereas, this invasion is violative of the 1973 War Powers Resolution as there is no declaration of war, statutory authorization for such intervention or national emergency created by attack upon the United States, its territories or possessions, or its armed forces; and Whereas, the Student Bar Association of the Faculty of Law and Jurisprudence at the State University of New York at Buffalo, speaking as the elected representatives of the student body, finds this invamorally reprehensible as United States policy; Whereas, we consider the reasons stated for this invasion by Ronald Reagan to be mere sham and totally without any legal or moral foundation and detrimental to the high standards we have set for ourselves as leaders in the world comsion to be munity; Be it hereby resolved, that we find Ronald Reagan's actions put the United States in violation of international and domestic law and in violation of this sworn oath of office to protect and defend the laws of this great nation; and be it further Resolved, that we condemn the invasion of Grenada as being without any legal justification; and be it further Resolved, that we request, as the voting members of this democracy, the immediate withdrawl of all members of the- United States Armed Forces from Grenada. bwabn In preparation for the Nov. 18 MPRE examination will be offered twice: Sunday, Nov. 13, 12:00-6:00p.m., Room 107 Wednesday, Nov. 16, 5:00-11:00 p.m., Room 107 The course is FREE to all BAR/BRI enrollees, with a deposit of $75, fully credited toward their BAR/BRI tuition and includes: • 4 hour lecture • 2 hour testing • MPRE book and outline materials Preregistration at table until Nov. 11. W^vwW.A.WS ,«»W5»" 5 �24 Hours of Nightmare: Takehome Exams by Scott Irgang choice. Shower, shave (maybe), and grab my trusty briefcase. As exam time approaches I 7:45 Get to classroom. Prethought it would be a good tend I'm calm and cool. Chatidea to look at one of our law ting with fellow cut-throats, I school's most infamous institumean students. While pretending I'm tions, the 24-hour exam. Don't 7:55 let those professors fool you. not really interested I anxiousWhen they give you a 24-hour ly wait for the cute secretary exam it will take not 10, not 18, from the third floor to bring not 22 3/4, but TWENTY-FOUR down the damn exam. Where is HOURS. It is during such an exshe already? am that one can lose his pa7:59 Run down steps of tience, temper, self-respect, classroom. Must make it look and marbles. Here's a typical good. Perfect, fifth on line. No account: one wariTs to look too anxious. 7:00 a.m. Wake up. Not look8:30 a.m. Bring exam back to ing forward to what's coming my room. Sit down at desk, exbut I don't have much of a hale slowly, and read both ex- - - - - - New Waves am questions. Oh no, look what he's asking! How can a professor cover one whole semester's worth of work in two lousy questions? 9:00-12 Noon Organize my notes, briefs, and xeroxes. Start making comments on Question 1. Not bad, only 20 hours - to go. - 12:00-12:30 Grab some lunch dream about being anywhere but Buffalo. Organize 12:30-2:30 p.m. answer for Question 1. Hey, this is beginning to make sense. I must be doing something wrong. 2:30-5:30 Write up answer to and - - jazz It Up At "The Bulls" by |ud Weiksnar The air was smoky, the seating was cramped, and the service was slow, reminiscent of the old Tralf As usual, the breaks between sets seemed interminable Nobody cared, however, for1 we were downstairs at The Bulls, waiting to Ghallab. hear Chalib Although the faces in Ghalib's band have changed over the years, their beat goes on. This is some of the best hear anywhere. Herb "Shadee" Walker, jazz guitarist extraordinaire, is still on leave, touring Europe on his own. In coming up with a replacement for Shadee, Chalib has chosen the strategy of NFL teams in the college draft. Rather than try to fill the jazz you'll I-+OTO —.I position, Ghalib went for the best athlete —make that musi- dience participation number. Perhaps the foursome was cian—available, and chose a tired out, not so much from bright new saxophonist rather playing the music as from than a lesser guitarist. Ghalib shaking hands and bantering has had sax players before, but during the "break." Although never one like this. The sound the band would probably is almost good enough to make prefer to sneak backstage for a you forget Shadee. smoke between sets, their perChalib and the boys played sonality prevents them from their usual mix of instrument doing that. By staying out front tals and vocal selections, with and talking with their authe rhythm section of Jerry dience, the band builds up a Pickett and Eugene Noel pungoodwill that keeps the people ching out an infectious beat coming back. and having a lot of fun at the If you'd like to see Ghalib same time. They played Challab, he plays at The Bulls something new and something almost every weekend. To get old, including songs from their there, take the Thruway west first two albums. The music about 520 miles. Then take La was performed with the exSalle to Lincoln Avenue to Lincellence and the verve that aucoln Park West, and try to find diences have come to expect a parking spot. Check him out from Ghalib Ghallab. Missing next time you're in Chicago, from this set was the usual auand tell him Jud sent you. WORD PROCESSING - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer, technology provides custom-typed, professional quality cover letters and resumes at prices often' lower than traditional typing services. [ I I I I I — % W LIZ HOLTZMAN, Brooklyn D.A., <g * & will speak Monday, Nov. 14,3:30 p.m. Room 106, on *| "The War-Making Powers f/ie President: 4 Ho/Do $ Effective J! 4 > Constitutional Limits Exist?" «| & Reception to follow (4:30 p.m.) g ? Sponsored by: & 6 Association of Women Law Students ]| Mitchell Lecture Fund £ Opinion November 9, 1983 - ing. - Organize notes, 7:30-10:30 prepare cases, and wonder if Scan Connery is really a better James Bond than Roger Moore. 10:30-10:45 -.15 minute break to go to bathroom and eat cookies (Oreo's are mandatory for all 24-hour exams). 10:45-1:00 a.m. Finish writing - Question 2. Deeply exhale, 1:00-1:30 knowing that the toughest part is over. Time to get out the trusty typewriter and type this sucker up. Turn radio to proper station (late night interview out - shows are preferable). Avoid at all costs any station that plays mellow music (Michael Franks and Bobby Caldwell are definitely out). 1:30-4:00 Type, Type, Type, Type. Did you ever notice that D.j.'s play really strange music at this hour of the morning? 4:00-4:15 a.m. Oreo's and coffee time (in order to maximize - - , caffeine effects of coffee, eat it crunchy-raw right out of the can). ~ - 6:30-7:00 Reread completed typed answers. (People make the most embarrassing typo's during 24-hour exams). Make appropriate corrections and close eyes. 7:01-7:05 Catch up on all missed sleep. 7:06-7:07 Contemplate if this type of exam is inhumane. 7:08-7:15 Take quick wake-up - - - shower. - 7:15-7:16 shower. Fall asleep in - Begin slow walk to class. Remember to tie sneaker 7:30 laces. Take elevator up to 7:45 A&R. Try to catch 5 seconds of sleep as we go from first to third floor. 7:50 a.m. Elevator doors open and I wake up again. I look around and see many of my classmates looking like "the walking dead". (Even the - - women have five o'clock shadows). 7:55 Hand in my exam. - Pick and kiss A&R clerical worker. I hope he didn't mind. 8:00 Enjoy the five minutes I've earned before the 24-hour deadline passes. Gee, I wonder if I left an issue out on Quesup receipt, tion 2. 8:30 - Go back to room and look over next day's schedule. Oh, not bad. All I have tomorrow is a 48-hour exam. 48-HOURSH! 8:30 a.m.? - ZZZZZZZZZZZZ. I fall asleep and dream about becoming a doctor. THERE'S A LOT M BAR PREPARATIO LECTURES AND I .special strengths and weaknesses, in addition to a wide disparity in substantive areas, some students have less self-discipline than others, some have problems with writing essays or answering multiple choice questions, some have trouble remembering ail the testable detail, and some have special time and travel pressures that can impede full bar preparation. Call Proto-Type 883-3348 Ask For Randy ANNOUNCEMENT - fair). Each individual approaches the bar exam with Pick-Up & Delivery Available All Work Guaranteed I - 4:15-6:30 Finish typing. Hey, is that sunrise already? Boy, I feel great (well, maybe just and lectures and the most comprehensive and sophisticated testing program available, we think there is more to effective bar preparation. Repetitive Work at Reduced Prices Xeroxing, Printing, Bulk Mailing Printed to Look like Typeset Or Typewritten tion 2, and thank God there is no Question 3. 5:30-6:30 Have some dinner. Dream of Swedish blondes, Ithaca, and a new Clint Eastwood movie. I wonder how everyone else is doing? Maybe I'm behind. Maybe I'm ahead. Maybe I'm delirious. Call up 6:30-7:00 p.m. girlfriend, parents, best friend, newspaper boy, and make random obscene phone calls (anything to procrastinate). 7:00 Read Question 2 again. Nope, it hasn't changed much since I read it this morn- White BRC offers you the finest law summaries Complete Editing Capability No need for retyping when editing drafts 16Typeityles &Symbols to Choose From Question 1, contemplate Ques- I I Some bar applicants will work full time during bar preparation while others will not work at all. Manno-josc 71 BROADWAY, 17th FLOOR NEW YORK, NY 10006 •- iHMIIIIBMi BEST OF B< �Programs Enhance Students' Legal Education by Robert gram would create Turkewitz Students at Buffalo Law can directly benefit from the following programs and competitions. In the area of tax, there is a program called the Voluntary Income Tax Assistance (VITA) program. Students are trained by the IRS to prepare tax returns and to recognize tax problems and resolve them. However, this program is not otherwise connected with the IRS. VITA participants assist lay persons in the community to prepare their income tax returns on a pro bono basis. Any taxpayer with an income of less than $35,000 is qualified under VITA to receive assistance. This program gives law students the opportunity to work in a quasi-attorney client relationship. VITA pro- favorable publicity for Buffalo Law, the students involved and the legal profession in general. Anyone interested in becoming a VITA coordinator and/or volunteer here at Buffalo Law School should contact me immediately. -Administrative Judges Law School Program is looking for schools to conduct actual administrative law hearings. The ideal place is our Moot Court- room. Observing actual administrative hearings is a great opportunity to learn about ad- ministrative law, which, in- cidentally, is gaining in importance to the legal practitioner. We need to confirm this pro- with our administration and with our University in order to utilize the Moot Courtroom. However, lend your support and keep this program in mind. If you are interested in vides practical experience to coordinating this program here those students interested in tax at Buffalo Law or for the 2nd law, and your participation Circuit (N.Y.), please contact woutd indicate a deep-seated me immediately. to potential interest The Disabled Students proemployers. Finally, this program is geared toward the gram legal issues of the disabled. This program sets out to expose awareness for the disabled, to encourage and help other law schools, universities, and society accommodate the disabled, and to explore the problems that disabled lawyers and lay persons encounter in their work and in everyday life. Students who are disabled, who are interested in working in this area of law, are encouraged to get involved. Please contact me for further information. The Concern for Dying program explores the legal aspects of death and dying. Members of this program are scholars in the field and will will be held between February 15 and April 15, 1984. The deadline for entering is November 30, 1983. This is a great opportunity for students to improve theiroral advocacy skills. Participants do not submit briefs in the regionals. This competition is not just open to Moot Courters; however the limit is 2 teams per school (4 students in all). If you're interested in entering, contact me immediately. Last semester third-year students Len Culino and John Curran took first place in the regionals and came in sixth place in the national finals. The Client Counseling Com- lectures here at Buffalo Law regarding such topics as "Living Wills", Euthanasia, and other associated topics. Anyone interested in the prospect of holding a lecture here at Buffalo Law should contact me for further information. There are a number of ABA give competitions open to ABA members. The National Ap- pellate Advocacy Competition Student Volunteers Needed by Robert Turkewitz On Saturday November 19th, 1983 the U/B Law Alumni will conduct its Eighth Annual Convocation at the Center for Tomorrow on the' Amherst Campus. This years topic will be "Financial Planning for Retirement." The cortvocatibn will be from 9:00 A.M. to 12:15 P.M. and will cover topics such as the ABC's of Retirement Plans, Investment of Retirement Plan Assets, Retirement Plans and Divorce Special Problems, and, Distributions from the Plan. Students are encouraged to attend and may be sponsored by Alumni. Volunteers are needed to help and may attend the luncheon - from 12:15 to I:3Q. Dean Jacob D. Hyman will be presented the Edwin F. Jaeckle Award at the luncheon. If anyone is interested in attending or volunteering please contact me for further information no. 265). There are many upcoming Alumni sponsored activities over the next year. I will try to keep you informed. (Box deals with an area often neglected by law schools —interviewing clients. This Competition gives petition students the opportunity to learn and improve attorney- interested, please contact me for further information. The programs and competitions listed above are only a few of the kind of activities we can have here at Buffalo Law. However, these programs and competitions are only open to law students who are ABA members. Eve/yone should join the ABA and get involved in activities such as those already mentioned. It only costs $8.00 a year to be a member! I'm confident you will agree that the benefits greatly outweigh the meager cost. Consider further what your membership can do. If you are a law school or a law school organization, you may be eligible for ABA matching funds of up to $750 per event and $1,500 per year, if 35 percent of your school's students are ABA members. What's to help us from taking advantage of outside funding? Everyone who has not become an ABA member. If we don't take ad- client interviewing skills. The subject-matter of this year's competition is "LandlordTenant Problems." The deadline for applying is November 30, 1983 and the vantage of these funds, law students at other taw schools competition- will be held between March 2 and 24, 1983. seeking to become better Only one team (2 students) lawyers certainly will. Right now we have 19 permay enter from each school. If interested, contact me im- cent members.! will post the percentage of members on the •, ,'■•■ mediately. ABA essay competitions are mailroom wall I want to see a great way to expand one's over 35 percent membership knowledge in an area of Jaw. by December 15th. If you are Students with winning essays not a member of the ABA and are awarded a substantial cash fail to join this week, be prize and may be asked to pre- assured that you have sent his or her essay before the everything to lose and nothing ABA, all expenses paid. A list is to gain. If you were a member now being compiled along check to make sure you paid with relevant information. your dues. Instead of comThere are competitions in the plaining about how little Bufareas of Environmental, Fami- falo Law has to offer, do ly, and Health Law. If you are something about it! •. - ■ /IORE TO EFFECTIVE DN THAN OUTLINES, PRACTICE EXAMS. 1 1 I I I I The cumulative effect of these variables makes each student truly unique. That is why BRC has gone well beyond the traditional approach to bar reviewing by developing a wide range of features, special programs and options that allow our students to tailor the course to their personal needs • • • • • Detailed Study Regimen Continuous Evaluation Marino Problem Integration Josephson Issue Graphs Examsmanship Clinics I Must be sincerely dedicated to improving the quality of life and; education at Buffalo Law School. Excellent benefits. Please submit statement and resume to SBA. REASONS NOT TO JOIN THE ABA I I fl^nm,,, II BOTH WORLDS ABA Alternate Representative I ephson/BRC ENROLL NOW ANI> SAVE POSITION AVAILABLE II 1. Practical legal problems really confuse me! 2. The Student Lawyer and the ABA Journal don't have sexy centerfolds! | 3. I want to be unemployed after law school! 4. 1 don't want to clutter my resume with desirable facts! 5. I don't want to meet people who can further my career! Don't make the JOKE on You. JOIN THE ABA TODAY! • Applications available in the mailroom November 9, 1983 Opinion 7 �— THE JESSUP IS HERE! New Funding The problem for the 1984 Jessup Of Desmond Denounced Moot Court Competition is Letter available to interested 2nd and 3rd year students in the International Law Society Office. Potential competitors or any other interested students can get involved by stopping by Room 113 during office hours or by contacting Jeff Johnson or Chrys Vergos. The problem can be picked up from November 11 through 15. continued from page 2 The same rationale of hard work was used to justify the reason for Board members being provided with a free dinner. None of these arguments warrant the allocation of stu- dent fees for this purpose. It may be traditional to end the competition with an expensefree dinner for participants and organizers, but that tradition has been financed by the Alumni Association. Additionally, if the judges find the competition an unrewarding, or of such dubious value, that they are only enticed by the dinner provided for themselves and their spouses or guests, then I suggest that the program needs some re-evaluation. As a corollary to that argument, I would also suggest that if there is a danger that judges may be deterred from future participation if not provided with dinner, then I've no doubt that the administration, or some other body, would step in with the necessary dollars to preserve the perquisite and the program. Furthermore, the expense of the competition is one that is assumed by the individual par- ticipants. Granted, it is too costly, but such expense is wholly unrelated to the dinner issue and should be dealtb with in another forum. Moreover, I don't know of a single organization whose active membership doesn't "work hard" for little, or no, remuneration. And I vehemently object to the inference that the Moot Court Board works harder than - ~ I •.----'- ~ •• I -^^i "^^- 1 ** - ——— —if *^ *v/^H mmhi jftcv members of other organizations and, thus, deserved com- pensation in the form of dinner. No other organization has I \ 9&^^^^^^ 9 ag.ram ;hcen r/ee('partners/or daneefw "/'S<' —'^ C • the privilege of taking itself out to dinner on student funds for work that it quite voluntarily undertook, regardless of the degree of effort. When similar misuse of allocated student funds has occurred in the past, it has generated considerable inquiry into the financial arrangements of the student group. Finanlly, the S.B.A. Board, in their willingness to feed people, didn't even see fit to recommend that the Moot Court Board first approach the administration with their present financial difficulty. When the question of the administra- tion's assistance was raised, it was answered with "Schlegei has frozen our budget." Perhaps Schlegei has shown more fiscal responsibility than anyone else involved. As a cheap parting shot, it geven&Seven has been said that this year's competition has seen the destruction of an estimated one thousand dollars worth of library materials. It galls me NY. . N V AMCRICAN WHISKEY-A BUND 80 PROOf ©1983 SEAGRAM DISTILLERS CO. are trademafcol theSevenUp Company ■SevnvUp1' and 1 &fffly 8 dmrtsUfclfl3 '^ I S»^f| flTflHI 'WWJJ *»*•*» -^ W that students who have been disadvantaged and dishonored by this vandalism should now be called upon to reward such "lawyerly" behavior. Kathy O'Hara 3rd Year S.B.A. Director �/iHUST OisAfßZe foiO. HC i$ ifiZASOiJ UecAuse /"/ (Jith wmTT"**??^^ uto**,* th£ r«e o^ THIS OASS. I r»e C^ ««nj • IIJ/^^ Pe^^ l*u> school, jvc) i*« srxreMevr, S tiA*T£ST uHTW^s. O*S*SReg &/» 4-^Cc cii\9// ~Tr^ x° \<?C v +ov<^ /6e c'»S">e*£* ""-J \ A M%y^s^C y/ i *^j) host *°\\> frtxr th,7n most o/54wer on res, /%( HE IS VRO*Jf is iaa th£ sH/msy c A ,' p c^ U il Save money and receive continuous support from Josephson CESIBRC, America's finest academic team Since most of you will eventually take a bar review course, it makes sense to enroll now in BRC, the nation's fastest growing bar review course and receive early benefits. 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BRC "BUDDY BUCKS" Our "tell a friend" campaign entitles you to $20 for each Inend who enrolls xsssssssssr 0 BIG DISCOUNTS ON CES MATERIALS First and second year enrollees will be entitled to at least a 10% discount on all CES legal study aids, including the Sum 4 Substance of Law books and lecture cassette tapes, written and delivered by some of the nation's most outstanding law professors (many author the major , required law school texts). 0 EXAM WRITING LECTURE CASSETTE First year enrollees receive valuable "How to Write Law School Exams" lecture by Professor Michael Josephson (Standard C-90 audiocassette) I l y \\l/-/ "^JißK*'^ — «■ fun CES/BRC \ With you everystep of the w^ lW%W%f> T->l Marmo-josepnson/Biic mr, Mr-in. 71 Broadway. 17th R.. New York, NY. 10006 (212) 344-6180 • (212) 344-6181 November 4, 1983 O'pfron 9 �International Conference On The Paranormal continued from page to investigate I the paranormal. The impetus for what Kurtz calls a "folk religion" in the paranormal is an evolution of beliefs in witchcraft, sorcery, occult or other similar "explanations" for events that were beyond scientific rationale and verification in the Middle Ages. Tfiis belief in the paranormal has also thrived as a result of the wave of scientific advancements in the twentieth century which lend credence to explanations for theories formerly denounced as impossible or unbelievable. Kurtz points out: "Present-day science for many seems to demonstrate that virtually anything is possible, that what was thought to be impractical or unreal is later discovered to be so." How is one to deal with the paranormal? Kurtz and others indicate that the media seems to dramatize it and fails to apply the same critical analyses it gives to "serious" subjects. As a result, the generations of today are led to unreservedly accept much fiction as truth. This is compounded by the influx of paranormal in television and films. In the end, Kurtz warns, people may abandon use of their critical judgment and intelligence. Science, Kurtz says, should use skepticism in dealing with the paranormal. It should cautiously debunk nonsensical paranormal beliefs on the basis of a careful examination of facts. Science should be neutral and keep an open mind unsuspected about possibilities yet to be discovered, "for the history of science is full of radical depar- "The boundaries of human knowledge are constantly expanding and being refined," states Kurtz, "and what was unknowable yesterday may become scientifically explicable the next day." He cites new scientific discoveries such as black holes, the DNA code, and subatomic particles: concepts that would have been denounced twenty years ago as being products of the fantasy and imagination. As tures from established prin- M . ciples." Kurtz cautions, "A protoscience may thus be emerging that deserves careful appraisal by the scientific and intellecskeptual community ticism is essential to the very life-blood of scientific inIf all the facts are quiry not in, then we should suspend judgment." The CSICOP conference provoked much thought for this author. I have always wanted to believe in the paranormal, .. ... UFO's, psychokinesis and other types of phenomena that appear to occur but still evade statistical, scientific verification. Yet there also is the skeptic side that discounts all of this. Thus, it becomes an act of acrobatics: where is there a balance between the two? What do we do until all the facts are in and we can pass judgment? Special thought is evoked in the application of paranormal of the legal world. What do you do if you are confronted with a (situation similar to the one Stephen King presents in his new movie "The Dead Zone"? "The Dead Zone" is a story that involves a man, John Smith, who has power to see future events and alter them by giving warning before the events take place. His power is seen and verified by many. One of his experiences involves a crafty politician in a quest for power who will become President of the U.S. and irrationally start a nuclear holocaust. Smith attempts to assassinate the politician to save the world from certain doom, but during the assassination attempt the politician shields himself with a child and escapes unscathed. Just before Smith dies, however, he forsees that the politician will commit suicide because of the shame and bad publicity brought upon himself by his conduct in the assassination attempt. The problem that is raised by this movie is in proving the mens rea if Smith succeeded in the assassination and were charged with murder. Here is a man whose proven power saved people's lives and helped police solve a string of murders. How is the court\to handle this? Does it accept evidence of his power? If Smith pleads that he committed the homocide knowingly and purposefully, is he to be charged with murder, or is the homocide an act of justification and self-defense, in light of the circumstances, that should be dismissed? How is one to prove what Smith has foreseen, let alone prove that it is what is to take . place? Fortunately, Stephen King saves us from this dilemma and has Smith die. But as legal scholars who may be faced with such a situation in the future, how are we to deal with the paranormal? How' do we distinguish between the pranksters and those whoreally believe in what they profess? Do we apply subjective or objective criteria? How effective is the "reasonable man" standard when confronted with the, as yet, "unreasonable"? Although I have no answers to these questions, the CSICOP is certainly welcome to take up discussion of such a provocative topic. It may prove very interesting. I TAKE THE WORK OUT OF JOBHUNTNG! 111 II 11l II II 1111 See University Press, the specialists for: ..resumes.. ..resume kits.. -personal stationery.. ..business cards.. -cover letterscomputerized listing of employers across the 11 Our resume sample books are available in all campus placement offices. II II II 111 II 10 Hours: - - 1 Convenient on-campus location. I Look us up for all your printing needs! I - Monday Friday 9:30 4:15 Wednesday 9:30 7:15 OfMi.vn I - *t>*«iinb«tf »'l*m« \ ' ■ University Press 56 Harriman Library Main Street Campus 831-2588 |||| �/THE StftflS . /S?\ /^•«)Y) _ ■ f*-l rff-.W /7T% #0} /p*D I fr(..))) fy\ fM Moneymatic Life . ~ continued from page 4 "Good for you," I said. "Now, can magazine?" I please read my "Sure," he said. "Do whatever you want." I flipped back a few pages to the "World" section to a story about the nuclear freeze "It sort of slipped my mind." "I think that you had better see a lawyer," I said. "But you're a lawyer!" "No, I am not," I corrected him. "I am a student of the law. There is a difference." I think. movement in Europe,. "What do you thiiik about nuclear war?" my new found friend asked. "I'm definitely against it," I answered. "You godless communists are all alike," he said disgustedly. "Thank Cod for that," I com- mented. The line had been moving slowly. The Moneymatic machine was now actually in site. "You're a law student, right?" my companion asked. "That's correct," I said. "Well maybe you could give me some advice then." "I'm sure that I could." "You have an answer for everything, don't you," he ask- ed. "I am a student of the law," I responded. "I am supposed to have an answer for everything." "Well, anyway," he continued, "I'm having some tax problems. It seems that I forgot to report my stock dividends for last year." "You forgot?!?" I looked up. It was my turn the Moneymatic machine. I was there, finally. What a feelat ing. I punched in my secret number and made a quick balance inquiry. I almost cried. Even if I transferred all of the money in my savings account into my checking account and put the ten dollars in my wallet in along with it, I would still be five dollars short of being able to pay my rent. Thinking quickly, I turned around and glared at my tormentor of the past half hour. "You know that advice.. I gave you?" I asked. He nodded. "Well, it will cost you five bucks." "Five bucks!!!" he shouted. "Just pay tip or I'll sue you," I shot back. He handed over the five dollars. I made the transaction and took off, but not before shouting back a quote from Holyday's Barten Technogamia: '"A man may as well open an oyster without a knife, as a lawyer's mouth without a fee.'" 11 copre^ *»Hiwf/ M'*ff . fT\ ( (( „,)•) / BEu£\/e Tttfrr) £^1) PASS WITH PIEPER The Pieper seminar is in jj and summarizes the law you need ■ now--the "hot" bar review court* New York. Pieper organizes to pass the Exam without bulky, hard-to-read books. 9 John Pieper will guide yoo- through that difficult period, leaving nothing to chance Does his personal approach work? Don't take our word - a Bm 3 ask our alumni. Pieper New York-Multistate Bar Review, Ltd. j 90 Willis Avenue Mineola. New York 11501 (516) 747-4311 1 1 ] Happy Thanksgiving LIMITED ENROLLMENT j To All From EARLY REGISTRATION DISCOUNT UNTIL DECEMBER 1,1983 J The Opinion Staff! Novemb«r 9, 1983 r Opinion 11 �Jocks Display Gridiron Feats Law School's by Chris Fink Who said Law students couldn't be super jocks? Well, behind the unlikely combination of Frank Cecere's arm, yours truly's legs, and Tim Alston's fists, the Buffalo Law School has fielded an in tramural football team which is undefeated in regular season for the last two years! The team consists solely of second and third-year Law students and has just completed the regular season with seven wins and no losses. Our D|smond Moot I Court Competition ■■;■■■ Oral Argument Schedule - ■' ■ •'■■ ■ Wed., Nov 9, 7 & 9 p.m. Preliminaries Thurs., Nov 10, 7 & 9 p.m. Quarterfinals Fri., Nov. 11, 7 & 9 p.m. Semifinals Sat., Nov. 12, 2 p.m. Final Round Moot Court Room the playoffs put. Mike's defensive skills ranked Number One in the have left forearm prints on league because we've scored a every lineman in the league. Because the league consists total of 175 points while allowmostly of undergraduates, ing only 12. Co-captain Steve "Sticky Aunt Mary's Kitchen has picked up the nickname of The Fingers" Baxley, who is responOld, for team Aunt Fat Men, and Ed "Grandnaming the sible Mary's Kitchen, feels the pa" Murphy hasn't hurt that team's success has been a image one bit. Keith Martin result of the cool-headedness has played a flawless year on of our wide receivers, especial- the defensive line and Craig ly Paul Harnisch, who also is in Sheils plays both wide receiver charge of tennis court security and defensive back. (One of during the game. the few athletes who can go Important changes from last both ways, and do it well.) Frank year's team include the signing Quarterback of Bob "I'm just a dumb offen- "Wheels" Cecere leads the sive lineman" Zickl and Mike league in touchdown passes "Mr. Strut" Morse. In the first but only because of the great game of the year. Bob caught protection provided by Baxley, two touchdown passes and Zickl, and "Eddie Mustafa" thus doubled his lifetime outAlston. Co-captain Chris Fink team will begin has humbly excelled whenever he steps on the field. "Papa Bear" Kurt Sherman is the team owner, cheerleading section, and team mascot. It remains to be seen whether or not the team can use him as a secret weapon in the upcoming playoffs. Also, from this team came the core of another successful team, jungle-land. Cocaptained by Scott Segal and Neil Dickson, both formerly of Aunt Mary's Kitchen, this Law School intramural team has only one loss so far, and leads its respective division. Playoffs begin this week and all the Law School teams welcome the support of those students who want to come out and see the games. Announcement On Saturday, November 12, the Black American Law Students Association in conjunction with the Latin, Asian, Native American Law Students Association wjll be sponsoring its 1983 Law Day. The theme of the law day is "Law and Politics in the 80s." Hugh Scott, candidate for city court judge in Buffalo will be the keynote speaker. The program will include lectures, workshops, panel discussions, and many other activities. Everyone is invited to attend. Admission is FREE. Students thinking about a career in Law are especially encouraged to attend. The Law Day will be held on November 12, 1983 in the KIVA room, BALDY HALL in the U/B Amherst Campus. The program starts at 12 noon...fie there! C Q: Isn't it true; Mr. Schrackle, that... MR.BIRZOFF: Objection, Your Honor. That question calls for innuendo, hearsay and character assassination. In the leading case 0f... THE COURT: Never mind, Counselor. Objection sustained. Opposing counsel is directed to submit that question t0... j State University of New York at Buffalo School of Flaw C j A V 7 j ( I Ilnion [ ?( p ■■..-* {> ( I \ j There is a choice! You can write for ? jus, or we can write about you! ; (we^ ( � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ca3e86ecb9750faa93ae636145b64c41.pdf cf755cb81eb6a9d3e7543728f6f7a6dd PDF Text Text Vol. 24:4 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 26,1983 Loans Update UB Mooters New York Steps Up To Compete At Nationals Default Collections New York State Higher Education Services Corporation (HESC) places a high priority on preventing student loan Third-year students Dan Pease (left) and Bill Hochul will represent l J/M Law School at the National Moot Court Competition regionals on Nov 17-19 in Syracuse. More than IbO schools nationwide are sending Meams to this competition; Hochuland Pease will compete in the regionals against teams from schools in Maine, New Hampshire, Vermont, Connecticut and upstate New York One or two teams trom each region will ad vance to the tinals in New York City in defaults as well as collecting on defaulted loans. Several surveys, conducted.both by the Corporation and independent agencies, indicate that first time borrowers appear to be the most likely candidates for default A major contributing factor to defaults is a lack of understanding by the student of available alternatives. HESC has repeatedly intensified efforts to provide students with such information A statement is provided students at the time they receive their first loan clearly listing their rights under the GuaranteedStudent Loan program as well as their responsibility to repay the loan. It is also mandatory that schools conduct an exit interview with each student who The Baldy Center also spon- has a guaranteed student loan sors brown bag lunches which prior to leaving school. The all are encouraged to attend, Corporation periodically corspeaker series, and workshops responds with students reminon topics such as toxic waste, ding them of their responsibililaw and deviance, and law and ty to contact their lenders, economics. Announcements especially if they are experienfor those events are posted cing financial difficulty affecregularly around the law ting their ability to meet their school. loan repayment schedule. A Just because you tossed well-informed student is the aside that joint-degree flyer least likely student to default. that came with your. law HESC also stresses stringent school application materials due diligence requirements doesn't mean it's too late to with lenders requiring an intenapply to the program. Stop in sive lender effort to help the to room 511 and tell Anne, one student avoid a default claim. of the law school's truly If such efforts fail, the Coroutstanding secretaries, that poration also tries to help the you'd like to see Wendy, and borrower prior to defaulting she'll be glad to give you the loan. A well-trained staff of whatever information you corporate employees serve as January Baldy: Center of Attention for Policy by Jud Weiksnar Every year there are a few more of them—those law students who aren't satisfied with a B.A. and a J.D., who won't be satisfied until there are at least three more letters after their name: P-h-D. There are about 20 students getting j.D.'s and Ph.D.'s in these fields: Political Science, Philosophy, History, Economics and American Studies. Many others, however, seek that third degree in a nebulous discipline known as Policy Studies. Those are the people you'll find at The Baldy Center. The Baldy Center, located at 511 O'Brian, is SUNY-Buffalo's Center for Law and Social Policy. It was established in 1977 and is supported by a bequest from Christopher Baldy for the purpose of facilitating interdisciplinary work in law and related social science disciplines. Barry Boyer and Wendy Katkin are director and assistant director, respectively, of the Baldy Center. John Thomas, head of the Policy Studies department, has also played a key role in the development of the jointdegree program. These three are assisted in their work by ... the Baldy Advisory Committee, which includes some One place you probably won't find a joint-degree student is in names you might recognize: a standard law firm. If that's Jim Atleson, Virginia Leary, what they wanted, they proMarcus, Isabel Errol bably would have realized it Meidinger, David Engel, before they got to the dissertaRichard Tobin, and Murray tion stage. Levine. Public Law students have There are presently 20 done a variety of projects in students enrolled in the 5-year conjunction with the Baldy Law and Policy Studies Joint- Center, ranging from clams to Degree program, also known housing inspection to geronas the Public Law program. tology. (Guess how most Five are in their first yearof the students find a dissertation program, five in the second, topic—by working on a project four in the third, arid six in the in that area for the Baldy fourth. Although nobody has Center.) Each year one, two, or actually done it yet, the idea is three Public Law students also to take Law and Policy Studies assist in the publication of the curricula concurrently, taking Law and Policy Quarterly as the bar exam after either the student editors. The L & P Q is third or fourth year, and qualian interdisciplinary journal, fying exams in Policy Studies devoted to the critical analysis need. shortly before or after the bar. of law in the policy process. The fifth year is spent writing and defending a dissertation, which, for those of you unfamiliar with the task, is like a term paper to the 99th power. Public Law students actually begin working on their dissertations well before their fifth year. What does one do with a J.D./Ph.D? Theoretically it prepares you for a job in government, academia, or administration, but the possibilities are really endless. Students Run Skylon Marathon EDITOR'S NOTE: The author ran in this year's Skylon; his time has been classified by the Canadian government. by Kurt Amend The tenth running of the Skylon International Marathon began sharply at 10:00 a.m., October 15, 1983, on a crisp, fall Saturday morning. Approximately 1,544 competitors entered the grueling 26 mile, 385 yard race, with 1,193 finishing the full distance. It was a race spared the shifting, harsh winds and icy rain of last year's event. Sunny skies, gentle breezes, and 50-60° temperatures prevailed throughout most of the day. Still, a marathon is a test of endurance, and this year's Skylon was no exception. First, several words about preparation for the race (my first marathon). The half-baked idea to submit oneself to the rigors of training for, and then running, the 26.2 mile event Students relax to music after last Friday's hayride. More Photos on page 9 What's Inside: Legal Services Debate Continues . . . Page 2 continued on page i took hold over the course of several beer-soaked conversations late last winter. The training program selected can be found in the February, 1981 edition of Runner's World, one of many first-time marathon training programs available. The regime involves twelve weeks of steady running, culminating in two 60 mile weeks which include several runs of 18 miles apiece. The final week or so preceeding the marathon was a nightmare, plagued by lack of sleep, countless blisters, handfuls of Ben-Gay, undue neuroses, the agony of imagined defeat, and unabashed apathy toward (yes, it happens) law school. Although running the race was no joy ride, making it to the day of the marathon in one piece comprised much of the battle. The Skylon began at the base of a slight hill behind the Albright-Knox Art Gallery in Buffalo Nervous chatter and cheers from the crowd characterized the first mile, a distance in which it is critical to start slowly. The course proceeded through west Buffalo, with supportive relatives, friends, and other spectators lining the streets. At mile four, warmed up and finally finding their strides, runners met the lone hill of any consequence at the Peace Bridge between Canada and the United States. In its infancy, the race was still no more than an enjoyable Saturday morning run. Miles four through eight turned south past old Fort Erie and then north again along the shores of Lake Erie, providing several panoramic views of the Buffalo skyline Water. ERG, and oranges —to offset the potentially crippling effects of dehydration in the latter miles—were available by mile five, and every three miles Curious thereafter. shopkeepers and sleepy residents of Fort Erie cheered as the race eased into its middle distances. And then suddenly, almost without warning, a quiet descended onto the runners. In my still-young, amateurish venture into the world of longdistance running, this stillness has been a constant, though hardly reassuring, feature of every race. Family and friends are miles away. Water stops afford temporary solace. Yet it is time to bear down; to ignore the low rumbling of complaint in the joints, muscles, tendons, and lungs; to retain the pace which has begun to take its toll on the body. In this middle stage, approximately miles ten to eighteen, pacing oneself with others can be crucial as a means of fending off the rising fatigue. The brother of a friend once said that the marathon really doesn't begin until mile twenty. Perhaps an overstatement, but the gist is accurate. Miles eighteen to twenty-five are the continued-on page 12 �Commentary Vol. 24, No. 4 Wednesday October 26,1983 y Editor-in-Chief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Feature Editors: Lisa Kandel Wendy Cohen, Andy H. Viets Business Manager: Bob Cozzie Staff: Leah Edelstein, Kathy O'Hara, Jud Weiksnar Contributors: Kurt Amend, Cliff Falk, Jeff Johnson, Hollie Levine, Clare Piro, Eric Turkewitz © Copyright 1983, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Eees Composition & Design: University' Press at Buffalo Editorial "Us" and"Them" The University at Buffalo Law School brings together more than a thousand students, faculty and staff members for a common purpose. The size of our community is, at once, a blessing and a curse. We are blessed with the range of backgrounds, outlooks and areas of expertise that such a body brings together; yet at the same time we suffer impersonality and lack of a well-defined common purpose. In recent weeks, the burdens of disparity among us have loomed larger than the benefits of diversity. This law school seems less and less a community of legal scholars, and more and more an amalgamation of over-zealous legal advocates. Has any individual in O'Brian Hall escaped this trend? The rumor mill is abuzz with tales of fighting among some student organizations and of factions within others. These students are simply following what they have been taught: choose a side and then defend it. Unfortunately, our adversary-system training has not addressed the question of when to stop defending our respective sides. In our academic lives, of course, the answer is self-evident: the advocacy ends when the exam is over. In real life, on theother hand, there is rarely as arbitrary a cut-off point as a time limit or the end of a bluebook. As a result, some of these squabbles among students have reached a point where resolving them becomes difficult if not impossible. This advocacy of advocacy is not surprising considering the philosophy of legal education under which it arose. It is a credit to the "Buffalo Model" that we are told when a legal question has no real answer. At the same time, it is unfortunate that many students have concluded from this uncertainty that zealous advocacy is a substitute method of obtaining the truth. What has resulted is almost reminiscent of ancient English methods of determining truth —an intellectual "trial by battle." Our legal ancestors abandoned such practices, not because they never worked, butbecause they often worked at too high a human price. We condone, even encourage, use of the adversary system in our careers, but by honing our advocacy skill on each other in extra-legal and quasi-legal contexts, we must sacrifice some of our compassion and ignore our otherwise natural inclinations to see the compromise and common-sense solutions to the differences that arise among us. We suspect that overzealous advocacy would be less of a problem at U/B Law School if all of us were more acquainted with one another from non-adversary contexts. It is unfortunate, however, that these opportunities are few and far between. Try to remember the last time that all (or even most) of the voices in this school sounded in unison. Those who do actively encourage activism on the part of the entire community are often dismissed as "campus radicals" before their critics even listen to what they have to say. This indifference to potential unifying causes may be a consequence of the way most of O'Brian's denizens see themselves. All too many members of the faculty, staff and student body see themselves as an individual first, and perhaps as a member of a subgroup withing the community second, and only then (if then) as a contributor to the law school community as a whole. While there is nothing wrong with asserting an identity within a smaller group (as "we" at The Opinion often do in this column), the assertion of that identity should not come at the expense of the whole. "We" —all of us within the U/B Law community —should be actively discussing our common purpose within O'Brian Hall, or else inquiring into issues outside these walls, in search of causes in which we can unite with each other rather than argue'with one another. It is possible that the recent divisiveness of which we complain is merely a passing sign of the season Many of us have become preoccupied, even obsessed, with Robert Remedial, Moot Court or Career Development (circle one or more), and these concerns, rather than our adversarial inclinations, may be the cause for the recent shortening of tempers. If not, however, a long and uncomfortable winter could lie ahead. Now is the time to re< onsider our stances, before the heat of our previous finals cause us to be ever more arguments arid Jhe.pressures of we'already are.' ip our positions r.h'an hardener/ ,^i«nipn... Qfitib^r i*, iw* 2 Legal Services Politics, Policies Protect the Poor ; by Clare Piro ••■: >m lot riguoi Myfirst response to the article on Legal Services lobbying efforts in the October 12, 1983 edition of The Opinion was extreme rage. Two hours later, when I had calmed down sufficiently enough to actually finish r-eading the article, I was still angry but also confused over what exactly the staff attorneys of the Legal Services Corporation (LSC) did that was so "bad." Mr. Cass implies that Alan Radar's explanation of why he distributed his legal services office's funds to lobby to defeat California's Proposition 9 was a sort of backhand attempt to "get around" the U.S. Code's prohibition of contributing LSC funds to oppose such a referendum. That implication is wholly unwarranted. A lawyer has a responsibility to advocate her client's interests, and those interests for a legal services lawyer primarily are receiving public benefits at a level which meets the basic necessities of life. Letter NLG Seeks State Prison Reformation To the Editor: Those of us working with the National Lawyers Guild, Buffalo Chapter are not surprised at the recent events at Attica. Since the rebellion of 1971, conditions at Attica as well as at other New York State prisons have not changed much. Cuard brutality, poor medical care and poor quality food still plague the lives of inmates. Though the 1971 Attica rebellion and subsequent prison uprisings such as the recent Ossining situation have directed public attention to considered within a lawyer's adscope of the vocating, and large corporations routinely hire attorneys to lobby on legislation that will affect their interests. So what is wrong with legal services attorneys properly advocating their clients' interests to ensure Lobbying is their clients' continued receipt of public benefits? I similarly fail to understand what would be the terrible consequences if legal services offices were allowed to follow the philosophy of "marshalling the forces of law ... to combat the causes and effects of poverty," to issue training guides which aid community organizations and public interest groups, to ■.remedy and to attempt injustices by changing the law." Perhaps this sounds naive, but I always thought lawyers were supposed to do good things like fight injustices and ensure that the poor receive their legal rights. I see nothing wrong with attorneys helping community groups become aware of their rights and teaching how to protect them, especially in light of the fact that everyone concedes it is impossible for legal services offices to help every person who needs their assistance. If LSC was designed to render free legal services to those who need but cannot afford such services, there is no better way to reach the greatest number of people than by educating the lowincome community so they can help themselves with the relatively minor problems, and thus saving the limited we need is a comprehensive channel resources into job creation rather than our own annihilation, as a more reasonable and inclusive response to crime. Otherwise, prison uprisings will continue with increasingly fatal results. Sincerely, Hollie Levine for the Buffalo ffiapter of the Na-. tional Lawyers Guild The Reagan administration has systematically tried to disband the LSC by such actions as drastically cutting LSC budgets, recommending not to extend the LSC when its statutory authority ran out, severely limiting the types of cases the attorneys may handle, and naming highly controversial board members, incontinued on page 4 nounced). I expect we'll hear those immortal classics, "You' ye Cot a Nice Foot Cordon Lightfoot" and "He's Such a studies of prison conditions—we know how inhumane our prisons are. What priorities to "huge anti-LSC movement," Mr. Cass fails to recognize that there is an enormous distinction between the LSC administrators and the local legal services staff attorneys and directors, and that a huge antiLSC movement has been in effect since Reagan took office. Boris' Buffalo Law & Blizzard Blues situation. We don't need any more tive grievance procedures to deal with instances Of guard brutality, better training for guards, higher quality medical staff and facilities and a more effective job training program for inmates. And we need constant and honest media coverage of all state prisons. It is too easy to shove people behind bars and call that a solution to crime. By maintaining inhumane prisons, we just aggravate an already alarming problem. .Wej look to repur economic and physically handicapped. I agree that there is a serious problem when it is necessary for legal services attorneys and law clerks to hold weekly lectures and classes to explain what benefits the poor are entitled to since the Department of Social Services often fails to correctly perform that function. But that problem is obviously not caused by the attorneys and students who volunteer their time to community organizations in addition to performing their daily responsibilities. In warning-us how the LSC is defying elected political leaders "with bureaucratic guerilla tactics" that should be checked before there is a Commentary these problems, not much has been done to ameliorate the and practical program of improvements to be implemented immediately. Such a program could include effec- resources of legal services offices for the more serious cases. Examples include groups advocating the rights of tenants, welfare recipients, the homeless, and the mentally Sorry I missed you last week, but I was busy testifying for the NLAA (National Legal Academic Association). It seems that even Buffalo is guilty of massive, systematic recruiting violations and I doubt you'll be seeing our Moot Court Team on national t'v. or in Bowl Games this season. When asked to comment on this situation, our fearless Dean admitted that he had plied recent Ivy League Honors graduates with offers of ( unlimited Rooties Wings (hot) and Porsches. Expect to hear something soon from the NLAA and don't be disappointed if you have to return your "Entertainment Card" to the SBA. Look to see the Cylindrical Devices in their first live performance since the release of their greatest hits album, payenu and Diamonds, this Halloween (venue yet to be an- Coy Boy." I hope everyone has their Hiking Boots SnoSealed by now. U.B. will be having helicopter patrols and emergency evacuation teams all winter for any wayward students coming in from the parking lot. The bestadvice for anyone who comes in after 10:00 a.m. is to wear wool and bring a compass, just in case, you may want to check out the sale at Eastern Mountain Sports—they've got down bags good to minus 20° for less than will come in real handy if you're forced into the back parking lots. Cross country skis are good for Dorm Residents, but habitually late drivers should at least consider a snowmobile for getting to school on those $200.00, and those babies snowy mornings. Snowmobiles aren't covered by parking rules as far as I know, so you should be able to get close enough to avoid that painful frostbite that plagued so many drivers last year. By the way. First Years, winter here is as bad as you've been led to believe, and according to Soviet pilots, it looks like this year is going to be particularly bad. tKvld'anya,' Übris �Commentary The Time Has Come To Talk of Many Things by Andy H. Viets serious journalist. 5) From someone I had After the last edition of The thought at least had some Opinion hit the newsstands, 1 respect for me—"What does immediately began to elicit The Opinion do, print any articomments from my peers with cle it gets?" respect to the column publishActually, most of the obsered in that paper by yours truly vations transmitted to me were (you remember, the one all mildly positive, and for that I about my summer vacation in thank you. I thank you all. Santa Barbara). I was truly in- Enough, though, of the past. terested in the thoughts of the Let us get on to more mundane people. Well, all right, I was things. also concerned with getting After a year of studying the people just to read the damn- law, it came to my attention ed thing. No matter. From that I had been spending far those I was able to corner, I too much time on doing exactreceived the following ly that—studying the law. As a result, I took it upon myself to remarks: 1) From someone who works remedy the situation, in order in the library—"l'm sorry, but I that I would be able to indulge avoid reading The Opinion at in some of the more salient things in life—such as drinking all costs." 2) From that same person heavily on Friday night and after being bodily threatened playing softball Saturday morif he didn't read it—"How ning. much did the Santa Barbara The System To accomplish this lofty Chamber of Commerce pay you to wnte this?" You can see goal, I have established several what kind of respect I get policies for myself that are inaround this place. tended to reduce the amount 3) From one of the people I of time I spend on law-type share an apartment with, who work: 1) The first thing I do when was referred to in the very first paragraph of the given a case to read is to see article —"What, you don't who wrote the court's opinion. even mention my name?" If Rehnquist or Douglas is responsible, you know how it's There's gratitude for you. 4) From the other person I going to come out, so what's live with, who was quoted the sense of reading it? As far about his working for the big- as the rationales, it's really gest and baddest law firm in all quite simple —Rehnquist of Suffolk County-"Did I represents the forces of evil really say that?" Thanks a and Douglas represents the lot—statements like that do forces of good. 2) I've stopped reading footwonders for my credibility as a any law review article. They you's coming from the law use too many big words that I library already. You are all into the opinion itself, it can't don't know the meanings of. very welcome. be important enough for me to As far as I'm concerned, the Considering all the time you read. Also, they usually put only good law review article is will now have on your hands, it footnotes in that teeny-weeny one with a lot of footnotes. seems to me to be appropriate type that requires a magnifying You should see me when I to finish with one of my glass (or contact lenses with a come across any reading favorite quotes concerning time (from Lewis Carroll's stronger prescription than the assignment with a lot of footpair I've got). notes in it—pure ecstasy. And Through the Looking Class): 3) I don'tread dissenting opino, the reason that I don't read 'The time has come,' the nions anymore. I have two proWalrus said, law review articles is not that 'To talk of many things: blems with dissents. The first is I'm mad that I didn't make law that if a bunch of judges can't review. Well, all right, maybe it Of shoes—and ships—and sealing-wax agree on a legal issue, how do is a little. cabbages —and Of they expect me to figure it out? It is at this point that it kings Second, being a laid-back, should become apparent that I And why the sea is boiling mellowed-out Califomian now, have cut your basic thirty to hot I don't want to deal with peofifty page reading assignment And whether pigs have ple who can't get along with down to ten to fifteen pages. I wings.' each other. Judges who can hear the chorus of thank disagree with each other obviously aren't at peace with themselves or with the universe (0.X., 0.X., that's the last thing about California). the New York State refund due continued from page 1 4) When reading an assigndefaulters. ment in a casebook, one often a liaison between the student The IRS match has been excomes upon a section entitled borrower and the lender in an tremely productive for the Cor"Questions" or "Problems" or attempt to avoid defaulting of poration. HESC forwards listings of its defaulters whose "Questions and Problems" or a loan. HESC has also intensified its addresses are "unknown" and "Problems and Questions." These are history before I even efforts in the collecting of stu- has been successful in obtainget to them. The way I look at dent loans that enter default ing current addresses in about it is this —If the casebook status. There have been 50 percent of the referrals. authors know the answers to several legislative changes on A legislative change, on a these questions and problems, both a state and federal level state level in 1982, now allows they should tell me what they that have enhanced HESC's HESC the right to any tax reare. For thirty dollars a book collection efforts. fund due a New York State The most prominent resident who has defaulted on the least they can do is give me some answers. On the other legislative changes center his or her Guaranteed Student hand, if the casebook author around HESC's ability to Loan. If New York State has obdoesn't know the answer, how search Internal Revenue Ser- tained a judgement against the the hell does he expect me to vice (IRS) files for addresses on borrower, the New York State "skip" accounts and the ability tax refund will automatically know? 5) Finally, I refuse to, read of the Corporation to attach be forwarded to HESC for ap- notes. It seems to me that if it isn't important enough to put — — Loan Defaults. Put Some Entertainment in Your Life WEDNESDAY, OCTOBER 26 Music: The University Philharmonia, directed by Alan Heatherington, performs at 8:00 p.m., Stee Concert Hall, Amherst campus. Poetry Reading: Gloria Oden, professor of English at the University of Maryland, reads from her poetry at 8:00 p.m., Woldman Theatre, Norton Hall, Amherst* campus. Oden published her first book, a collection of sonnets, in 1952. But after the stillunsolved murders of her mother and eldest sister in their Washington, D.C., home, she began to write verse memoirs. The poetry editor of Ms. magazine has called Oden's The Tie That Binds "a moving tribute to a specific black 'church family' and the tenacity of their love." guitarist," will perform at 8:00 p.m., Katharine Cornell Theatre, Ellicott Complex, Amherst campus. Korn's appearance is part of a nationwide tour promoting his newlyFrom Hester Street to released album. The Natural Hollywood: The lewish- Film: Sciences. Tickets at $5, general American Stage and Screen. He The Year of Living Dangerouscontributed the essay on ly, 4:30, 7:00 and 9:30 p.m., admission; $4, UB faculty and Jewish writers to the Harvard Woldman Theatre, Norton staff, and $2, students, senior Guide to Contemporary Hall, Amherst campus. See Oc- adults and the unemployed, available at Ticketron outlets, American Writing, and has writ- tober 27 listing for details. ten articles for the New York Halloween (John Carpenter, 8 Capen Hall, Amherst camTimes, The Nation and The 1978), a psychotic killer stalks pus, Harriman Hall Ticket OfNew Republic. his prey on Halloween night, fice, Main Street campus, 451 Midnight, Woldman Theatre, Porter Quadrangle, Ellicott Miscellaneous: Open Mike: Singers, musicians, Norton Hall, Amherst campus. Complex, Amherst campus, dancers, et al, are invited to Admission, $1.75, students; and at the door. Film: perform at 8:00 p.m., Harriman $2.25, non-students. (David Videodrome Hall Cafeteria, Main Street Music: 1983), television Cronenberg, Music, New a program sheet Buffalo campus. Sign-up of works by Western New York and video piracy tale set in available at 7:30 p.m. FRIDAY, OCTOBER 28 composers, will be presented Toronto, 4:00, 6:00, 8:00 and at 8:00 p.m., Katharine Cornell 10:00 p.m., Woldman Theatre, Conference on Science and Theatre, Ellicott Complex, Norton Hall, Amherst campus. Paranormal: the Science, Skepticism and the Amherst campus. Tickets at $5, Admission, first show only, Paranormal: The Committee general audience; $4, UB facul- $1.25, students; $2.25, nonfor the Scientific Investigation ty and staff, and $2, students, students. Later screenings, of Claims of the Paranormal senior adults, and the $1.75, students; $2.25, non3:00 p.m.. Room 410, Clemens Hall, Amherst campus. Shechner is the author of an essay on Woody Allen included in the recently-published THURSDAY, OCTOBER 27 Film: The Year of Living Dangerously (Peter Weir, 1982), wellwill hold an international received Australian film about meeting of its members a young Australian journalist through October 29, Friday, in who, while stationed in Java, Slee Concert Hall; Saturday in becomes involved with both Moot Courtroom, O'Brian Hall, civil disturbances and a Amherst campus. Featured will beautiful woman from the be reports by members from British Embassy, 4:30, 7:00 and the European continent and 9:30 p.m., Woldman Theatre, from the United Kingdom on Norton Hall, Amherst campus. the state of worldwidebelief in Admission, first show only, the paranormal; a presentation by magician and author James $1.25, students; $2.25, nonRandi and his cohorts in "Proscreenings, Later students. ject Alpha," an experiment $1.75, students; $2.25, nonwhich discredited research bestudents. ing conducted at the McDonLecture: nell Laboratory for Psychical Dr. Mark Shechner, UB professor of English, discusses Research; reports on animal mutilations, star maps and "From Harosis to Neurosis: Jewish Fables of Identify." at UFO's, and discussions of the — evidence for parapsychology, paranormal health cures and reasons for belief in the paranormal. Registration information may be obtained by calling 834-3222. unemployed, available at Ticketron outlets, 8 Capen Halt, Amherst campus, Harriman Hall Ticket Office, Main Street campus. Black Mountain College II offices at 451 Porter Quadrangle, Ellicott Complex, Amherst campus, and at the door. SATURDAY, OCTOBER 29 Conference on Science and the Paranormal: Conference on Science, Skepticism and the Paranormal continues in O'Brian Hall. See October 28 listing for details. students. Midnight, Halloween, Woldman Theatre, Amherst campus. See October 28 listing for details. Guided Tour: Darwin D. Martin House designed by Frank Lloyd Wright, 10:00 a.m. and Noon, 125 Jewett Parkway, Buffalo. Conducted by the Western New York Chapter ofthe Society of Architectural Historians. .. plication against the defaulted loan. The number of loans referred to collection agencies and law firms has also shown a dramatic increase in the last year. These loans are referred to the agencies with the understanding that monies will be collected within a specified period of time or litigation will commence. Collections by the agencies under contract of HESC has increased 182 percent for the fiscal year 1982-83 as compared to the previous fiscal year. Referrals for that same period of time are up 9.3 percent. The results of the Corporation's efforts are evident in that collections for defaulted student loans for the fiscal year 1982-83 reached approximately $20,000,000.00. This represents a 30 percent increase over the previous fiscal year. It is anticipated that approximately one billion dollars in student loans will enter repayment over the next year. This will have a major impact on the Corporation's default program. In an attempt to handle the anticipated increase in defaults, HESC is currently adding additional collection personnel as well as further computerizing its claim and collection units thus, maximizing its efforts to avoid default claims that cannot be avoided. The Corporation also supports the efforts of the Department of Education as well as the National Council of Higher Education Loan Programs Poetry Reading: Default Committee in their efCarolyn Forche, whose book of forts to identify procedures Music: Mitchell Korn, whom the poems. The Country Between which will result in a decline in Chicago Tribune has dubbed Us. was the 1981 Lamont the number of loans entering default in the years to come. "the world's best 12-string continued on page 8 Donations: $2. SUNDAY, OCTOBER 30 October 26, 1983 Opinion 3 �x^h cool, tAUM P>MO COLLECTED. n~ Will. B£ ftOUfrW GO MO- Po^ \r |^~ JEO3"oft\s ( vWo«LO- UJeu., HERE t\'W Iri I£=±L t H ft^e(a£cjiL'jiia#vu=lA nelicftTE MeTiirAwce — 4 of I /N V^CvV J^V Moji Vl/ X l?E^lN(r / // Toxic Chemical Regulation Films . . The following films are shown in conjunction with Barry Boyer's Toxic Chemical Regulation class All films will be in O Brian Hall, are FREE, and EVERYONE IS WELCOME1 Killingcround (50 mm ) October Jl. 4 00 p m Room 10b Tuesday, November 1, 1)0 p m Room 106 Monday. KILLINCGROUND. an ABC News Closeup' .is a frightening account of the environmental dangers caused by the dumping of industrial chemicals Representatives of industry, government, and health services debate the issues Is Our Own Back>m«d (S8 mm ) Monday. November 7,400pm, Room 10b Tuesday. November (J. ,i i0p m Room 10b This documentary of the experiences _, I X^\ / of citizens and government during two years of turmoil at Love Canal illuminates the nations first encounter with the horror of toxic waste It shows the complexities ot the democratic process in action and the hard-tought victory ot the residents POSITION AVAILABLE Photo Editor of The Opinion ELECTION WEDNESDAY, NOVEMBER 2nd at 3:30 p.m. in Room 724 All Law Students Eligible to Run f CALM- I AH JWILL -\ I 100 TIME 4 ff- \4^/ THlNlcyH \ N^y //^3TFg£frWN6r LSC Attorneys — Commitment to Needy continued irom page I eluding some who have publicly stated they are against continuing the legal services program Additionally, the LSC itself helps to destroy its effectiveness through such actions as issuing proposed rules which would make it substantially difficult for the poor and elderly to obtain legal representation by redefining income so as to include government benefits received in judging if a person's income is within the maximum allowed, and by denying legal assistance to persons with more than $15,000 equity in a home. Considering these very debilitating actions, no one could realistically point to the legal services attorneys' lobbying against local referendums and supporting community action groups as the cause of the LSC's demise. Finally, on a strictly personal level, I am offended by the prospect of being labeled a "self-righteous, confrontationalist, idealistic" legal services attorney. I defy anyone to remain idealistic after working for any length of time in an understaffed legal services office and realizing that its resources will only allow a response to about half of the calls for assistance. Perhaps it is the effect of that realization, along with a deep commitment to persevere in spite of that effect (for reasons other than a monetary reward), that causes the attitude Mr. Cass deems "self-righteous", but I tend to see it more as a normal response under the circumstances. As for being called "confrontationalist," I don't know whether to be insulted or not since I'm not really sure I know what it means. New Waves Talking Heads: Worth the Wait by |ud Weiksnar Although it had been five years since Talking Heads last visited Buffalo, when they came to Alumni Arena October 9th people knew what to expect. Word was but that this tour was worth the wait, good enough to rival David Bowie's Serious Moonlight tour which had stopped in Buffalo just a month earlier The question was, could Talking Heads live up to their advance billing? They did. When David Byrne walked onto an empty stage with an acoustic guitar to do an unaccompanied version of "Psycho Killer," one got the feeling it would have been worth the price of admission to just see Byrne give a solo concert. Byrne's facial expressions, bodily contortions and vocal dynamics make him "better than (M)TV," to paraphrase an early Heads' song. There was more to this concert than David Byrne, however. In ones hour the stage was full and the sound was complete. Talking Heads played most of their more popular tunes and added songs from the group's spinoff efforts—The Catherine Wheel and Tom Tom Club. The sardine-can condition of the gym floor was the and twos, the other Heads and only thing that prevented intheir supporting musicians spired swaying from turning incame on stage: first Tina to full-fledged dancing. The Weymouth, joining Byrne on sound, even for a gym, was not bass for a slowed-down version bad. After the obligatory enof "Heaven." Then Jerry Har- cores, an exhausted Byrne left rison, Chris Frantz, two the stage. What most of the auvocalists, a guitarist, a dience did not realize was that keyboard player, and a percus- Talking Heads almost cancellsionist, each accompanied by a roadie or two wheeling out their equipment. After half an ed their Buffalo show to give Byrne's voice a rest. Luckily for Buffalo, the show went on. NLG Urges Student Action The Buffalo Chapter of the National Lawyers' Cuild members from across the country came to Buffalo to defend prisoners accused of participating in the 1971 Attica prison rebellion. In the process, a Cuild chapter was formed. After the Attica trials ended, the chapter continued. The Buffalo Cuild strives to provide a forum where all members of the legal com- __ P^OTO I ANNOUNCEMENT lijpe munity can get to know one another and discuss politicallegal issues of importance to us. For those of us who are law students, the Cuild provides an opportunity to battered women, a one-day conference on labor issues, and a forum on immigration issues. We encourage input and welcome all suggestions. If you are interested in beginning a Guild project, or working with the Guild in any capacity, drop us a note in Room 118, or leave a message in Box 436 (Hoilie Levine) or 629 (Matt do progressive work, as well as to address issues of tantamount importance to law but not covered in the Buffalo Law School curriculum. Plans for the coming year include a panel discussion on Fusco). WORD PROCESSING - TYPING Your Future Can't Wait Much Longer P.A.D. sponsors a Red Cross Blood Mobile on Monday, November 7, 1983, from 10:00 a.m. until 4:00 p.m. in the first floor student lounge. PLEASE support this worthwhile cause with your donation. 4 Opinion AOiniqQ October 26. 1983 1»<M:>O IAVi « It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. "^ ?h-^ i Complete Editing Capability No need tor retypinit when editing drafts £ l"*SymbO'$ noose tram '° Repetitive Work at Reduced Prices Xeroxing. Printing, Bulk Mailing Printed to Look like Typeset Or Typewritten VUk-Vp Oe||wy AvaiUb|e All Work Guaranteed — Call Proto-Type 883-3348 Ask For Randy �- gf} a/)iflMld7 /j|^!/VfVf(/*^ i . Saturday Seminar-1983 Date: November 5 Time: 9:30 a.m.-5:00 p.m. f MK.mjfm " • Place: Sheraton Inn-Buffalo last Walden Aye. at 1-90 (Exit 52E) Buffal° NY 14225 An Essential Update For Every Practicing Attorney Sharpen your practice of the law with knowledge of all the recently decided cases and new statutes in fields such as General Torts, Medical Malpractice, Motor Vehicle Liability, Pleadings, Practice and Evidence. Program Chairman: Bert Bauman, Esq., Bauman, Greene, Sims & Kunkis Local Chairman: Paul W. Beltz, Esq., Buffalo, NY LECTURES: LESTER FETELL, Esq. BERT BAUMAN, Esq. Fetell & Coen PROF. RICHARD FARRELL Brooklyn Law School PERRY PAZER, Esq. Pazer & Epstein SANDRA KREVITSKY, Esq. Weinstein, Chayt & Bard PROF. PERRY REICH Law Secy, to lustice Titone, App.Div., 2nd Dept. Trial Practice Pleadings and Venue Ceneral Obligations Law Contribution and Indemnity Malpractice Motor Vehicle Liability Construction Accidents Evidence Products Liability MORNING SESSION Miscellaneous Cases New Legislation Disclosure and Discovery AFTERNOON SESSION Damages FREE OF CHARGE TO ALL LAW STUDENTS ALL STUDENTS INTERESTED IN ATTENDING PLEASE SIGN UP WITH CLEO, ROOM 319 or PATTI, ROOM 317 I I I -3 THERE'S A LOT MORE TO EFFECTIVE BAR PREPARATION THAN OUTLINES, LECTURES AND PRACTICE EXAMS. While BRC offers you the finest law summaries and lectures and the most comprehensive and sophisticated testing program available, we think there is more to effective bar preparation. S I 1 The cumulative effect of these variables makes each student truly unique. That is why BRC has gone well beyond the traditional approach to bar reviewing by developing a wide personal needs a wide disparity in substantive areas, some course to thelr students have less self-discipline than others, some have problems with writing essays or answering multiple choice questions, some have trouble remembering all the testable detail, and some have special time and travel pressures that can impede full bar preparation. ■ I I Some bar applicants will work full time during bar preparation while others will not work at all. * • • . • c«..«j.. D ; wwaliii-i Study » Detailed Regimen AM mA Continuous Evaluation . . . B Manno Problem integration Josephson Issue Graphs ExamSllianshipr CUniCS I miarino-josephson/BRC • %» v* S8 v^ KhHIIIH 71 BROADWAY 17th FLOOR ENROLI N°W AN° SAVt •"•HIIIIMieiBBBBBBBBBBWiWW. NEW YOBK. NY 10006 s. BEST OF BOTH WORLDS October 26, IM3 Opinion 5 �Introducing Vedge's Law ... IHFcQ£ u/r staßt O.ASS, r*e\ I UWIMERSiT/ pouicC MflV^ ASK£P I mb to Tnei'y/e call, inretfr** to .., "v^ cooKy UK6" Pi R£/»t.l?\ /it examination will be offered twice: Sunday, Nov. 13, 12:00-6:00p.m., Room 107 Wednesday, Nov. 16, 5:00-11:00 p.m., Room 107 The course is FREE to all BAR/BRI enrollees, with a deposit of $75, fully credited toward their BAR/BRI tuition and includes: • 4 hour lecture • 2 hour testing • MPRE book and outline materials You'll be confident you've enrolled in the course that provides the most comrpaterials lecture^ services available. prehensive system of • Preregistration at table until Nov. 11. ", Opinion i. October IK,) ,IWtS 6 *"*V * lv + °^ , . THCRe A M«"TSHiZI\ V O \ In preparation for the Nov. 18 MPRE and A /^*yt BAR/BRFS COURSE / — )/^/ \ Place? oh I EACH «^SK /-this / V. . S.B.A. Appointm Selections for Faculty Finance Committee Larry Regan William Alford Anna Marie Richmond Cina Peca Paul Mitchell Danny Figueroa Rob Calbraith Julian Johnson . Sp Ra De Ye Cc Ac Ba Jar To Budget and Program Review Joe Coleman Steve Berkowitz Craig Atlas Academic Policy and Program Kurt Thalwitzer Nancy Barshter Rick Moore Gary Kaminsky - Alternate David Hoffman Alternate - Mitchell Lecture Tom Jipping Dennis Ng • Lai Ap To Ed Loi Ch Ad Ed Ga St€ Do Ha Library Art Scinta NOTE: Alternates fully participate in committees, but tt Appointments Committee Members: Jason Reid, Tony To Paperno, Tracey Kassman �. . . In Context f-^Ufr % <y \sotAß -^ A qJq disturbs / F\f^L> th^\ m£\ \ of You J / tlbu?ff\LQ model" IS t*ER£Li A Cliche] I uiTHOi/T ~^JTH£: -r> o * 'rig n LA/ y "BoF/rftLO I* I 1 t/iaj&bi^ ouit^ /A/ r/>C7" S£*V& iNW-U*BL£; I 1 merit Committee ty-Student Committees 1984 NEW YORK BOOKS ARE HERE! Special Program Raymond Perez Debra Williams Vera Robinson Gerry Pickett Alternate - Academic Stds. and Standing Barbara Barton James Kissel Tony TorresLaurie Cohen Alternate Distribution Days are Wednesday Oct. 26— Friday Nov. 18 All 1984 and 1985 Graduates who Book - Appointments Tom Bantle Ed Peace Louise McMillan Charlotte Sibley Alternate - or wish to pay their $150 deposit may pick up their 1984 York Volumes. If you have previously york books, you been issued old must return them to receive your have *• Admissions Ed Murphy. Gayle Eagan Steve Wickmark Donna Knight Hanif Abdu-Sabr Alternate paid new - new books. PLEASE^OfIE: jt they do not vote unless permitted. f Torres, Sarah Ayer, Rob Sant, Judy Olin, Tom Bantle, new Jill 1984 NEW YORK BOOKS FOR THE CLASS OF 1985 WILL BE DISTRIBUTED ON A FIRST- COME, FIRST-SERVED BASIS. October 26,Witt Orvmon 7 �Mitchell Lecture purvey Please check the topics that interest you. (If you know of his or her name in the margin.) a - . person to present the lecture, please indicate Civil Rights . cinn Race in the American Legal Profession ■ Prn( Profesion in the Legal The Effects of Affirmative Act.on on Hispanic Enrollment Hispanics in the Law i.e. Jones of Guyana. Squeaky Froome Defending Unpopular Clients Americans of Native Legal Rights x - - , International Law & Human Rights Immigration Law International Law & U.S. Foreign Policy Military Spending/Nuclear Freeze Campaign Legal Issues in the Middle East Multinational Corporations Consititutional Law ____ Impact of Reaganomicson the Bill of Rights Fourth Amendment guarantees of the Constitution 22 Caliber Killer Case Reform of the Judicial System Insanity Defense — Search & Seizure Sports & Entertainment Law Negotiating Contracts of Athletes and Entertainers Family Law . Law Incest Family Violence & Business Law & Economic^ Mergers and Antitrust AT&T, IBM Monopolies Tax Reform Federal Regulation of Corporations Impact on Consumers Deregulation — * — : Other Topics of Interest ' Happenings continued from page 3 Selection Poetry I scvrn Crown of the American Academy of Poets, reads from her works at 2:00 p.m., Allentown Community Center, 111 Elmwood Avenue, l^ff^ffi^YV^l Buffalo. Guided Tour: Darwin D. Martin House, I* to I yfe. ' —"t^ ■ I ■■I C/W~ ""■""■ m'- ».B designed by Frank Lloyd Wright, 1:00 p.m., 125 Jewett Parkway, Buffalo. Conducted by the Western New York Chapter of the Society of Architectural Historians. Donation: $2. H^M Sr • A I zj£3&!fcffi _jgi CONTINUING EXHIBITS: of a House: The Early Drawings, Years: correspondence, photographs and artifacts relating to Frank Lloyd Wright's design of the Martin House built between 1904 and 1906, 125 Jewett Parkway.. Through December 31. Hours: 10:00 a.m. to 2:00 p.m., Saturday; 10:00 a.m. to 3:00 p.m. on Sunday. Sponsored by the School of Architecture and Environmental Diary Design. jj%^fever stirsvUh . Seven&Seven Does it Batter, Faster for Less! Typo34t a Pnntod anunot wvnong SmikWm Copitd ALSO: ••• Ryan TlekMß •• Cards • Posttrs BrochurM But. •^ I ilia rti ■ aria Envelope . . OIWSUOIMiIDISTLL£f)SCO.NV.NVMKMCAMWHISK£¥ABIENO 80PI!00f S«bvUp-J«d -nr-».»«fc™iteolll«SevwUpCompan), - Opfeim 8 ■ ■ October 2*, 1983 • - S^fi tll*Altl*C ' ■ • . If7IN.P.bM 3171MWntt , . AiwtfcHet i 4*l\l—i —^ Buffalo —. -^ —. �A Hayride In The Country Fall's End Last Friday's Hayride out near Holland featured gorgeous fall scenery, food, wine, good friends and of course the hayride. After the ride, students retired inside to relax, and much impromptu entertainment was provided Shown here, students ring autumn out with good cheer. *^cry J Photos by Kathy O'Hara smtosaMw &mv 9 �Save money and receive continuous support from Josephson CES/BRC, America's finest academic team Since most of you will eventually take a bar review course, it makes sense to enroll now in BRC, the nation's fastest growing bar review course and receive early benefits. You pay only a $50 down payment, and receive the following: ft * * f ■fc BIG DISCOUNTS ON CES MATERIALS First and second year enrol lees will be entitled to at least a 10% discount on all CES legal study aids, including the Sum & Substance of Law books and lecture cassette tapes, written and delivered by some of the nation's most outstanding ft — 4fc V GUARANTEED COURSE PRICE (Standard C-90 audiocassette) • v I course at existing prices. W BRC "BUDDY BUCKS" Our "tell a friend" campaign entitles e ßeps with BRC. Buddy Bucks for distribution. O°ur Campusn have° JB y ■! • CES/BRC " IO^IVIIYWI KKWlflt^mw IC9WI ■//RRC^ WIIV VUmM ■■ WKf \J\*%*%^*9 E3k. PHfc- IT'S REALLY HERE!!! The All New Buffalo Law School Entertainment Card MrJßk Q- What's an Entertainment Card? Pg V With you every step of the way 71 Broadway, 17th Fl., New York. N.Y. 10006 (212) 344-6180 Ey ' EXAM WRITING LECTURE CASSETTE First year enrolleesreceive valuable "How to Write Law School Exams" lecture by Professor Michael Josephson Stop inflation! By enrolling now, you assure yourself of your bar review ■ . law professors (many author the major required law school texts). JOSEPHSON ISSUE GRAPHS (JIGS) Special visual study aids very popular! 2q "" ft ft BRC OUTLINES THROUGHOUT LAW SCHOOL Preenrollment in BRC entitles you to BRC Law Summaries, the finest bar review materials available, for use during law school. These Law Summaries are replaced with a new, revised set when you begin actual bar preparation in our course. • (212) 344-6181 \^k A: An Entertainment Card is a card which entitles the holder to obtain discounts at local bars, restaurants, and movie theaters. It is sold for $10.00 by the Commencement Committee* HL^ Q: Where can I use my Entertainment Card? A: The Entertainment Card may be used at any of the following bars and restaurants: Rooties, Grandma Lee's, Pizza Plant, Golden Palace, Library, The Steer, Boardwalk Cafe, Bullfeathers, Mindy's, The RunAround, Checkers, Cheers, AND MANY MORE V^l I IV . Dh^ r%ffl ■JHl L^ffj^^^ MM ml The Entertainment Card will also entitle its holder to purchase discounted movie tickets. These tickets are valid at all General Cinema Theaters, including the University, Boulevard, Eastern Hills, and Thruway Mall Cinemas. The movie tickets will beavailable for $2.50, a savings of $1.50 off the regular ticket price. Bk In addition, the purchaser of an Entertainment Card will also receive a discount on upcoming Commencement Committee -sponsored activities. ,J J^^^k Q: Where can I purchase an Entertainment Card? U9 Opinion A: They are on sale NOW in front of the library. October. 2h,.1.9ftJ J^j *■ Q: Why does the Commencement Committee sell Entertainment Cards? A: The Committee sells the cards to pay for parties throughout the year, and to raise money for graduation week activities. L^A^ |^j| 10 ntJ HHHI A wA%M �... Your Resume Beautifully typeset and printed to*give you a professional edge in the job market. Come in and see our complete line of typestyles and paper choices. We take pride in our personal service and low prices. Convenient Location on Main Street Campus! the top law firms in new yqrk city is as easy as Signing your name * and licking a stamp. contacting With the University Press cover letter service, that is. Provide us with a personal cover letter and let our word processor do the rest. Our computer lists include firms in Boston, Washington, Buffalo, Philadelphia and New York City. We even address the envelopes. We take the work out of job-hunting. wJ^J University Press 9:30-4:15 daily Wed. til 7:15 I 56s Harriman library 831-2588 University Press 56s Harrimaa library Main Sired Campas 831-2588 ra^^Sfe^^ repersonalized cover I =^!^^^^^^f \_ Anything. And we're fast,y^^%^y We can. Term papers, thesis, J letters, ports. professional, and cheap! I I I I University Press B6s Harriman Hall Main Street Campus 9:30 am Wed. For more — - -• *tt£^ °lfy °* */ 4:15 pm daily evening til 7:l&pm information call us at 831-2588 Oitobfi-2ft,<n*P O|>hit«t. 11 �Fanatic Predictions: The Mets Triumph in '84 by Eric Turkewitz Fan is short for fanatic, a person enthusiastically devoted to a particular diversion. Joe Fan comes in many shapes and sizes, and covers various degrees of fanaticism. The most detestable of all varieties is the "Jump-on-thebandwagon" fan. The most inoffensive is the "Hometown" fan. Unquestionablly the most loyal is the "real fan." Joe Jump-on-the-bandwagon is at his most obnoxious because he always appears to be cheering for the winning team. He's hated because nobody always wins (except, of course, the Islanders). He waits to see which team is in first, and then adopts them as his own. This lowlife wouldn't be caught dead in a baseball ballpark in April, but comes late September he'll swear he never missed a game. Joe Hometown is much more palatable. Though most of his cheering is also only when "his" team is winning, at least his loyalty is dictated by neighborhood patriotism, not just the standings. Hometown will come alive at the All-Star break if his team has a shot at the pennant. If not, the football season is only around the corner. Real Fan is another story altogether. For some bizarre reason, he will never give up 7 / 1 ( C mathematical elimination, when Joe Jump-on-thebandwagon is taunting him at a feverish pitch, the Real Fan will always explain that the rookies looked great, that the veterans had an off year, and that with a trade or two during the winter meetings, they are sure-fire contenders for the coming year. Then he will proceed to figure out how many days till opening day in April. This despite the fact that the World Senes has not yet been played. As you may have guessed, I am in this third category. I already have made my selections for the coming 1984 season I will discount the fact that the rest of the sports media has called my team pathetic for the last seven years, (anybody can have a bad game or two) Yes sports fans, herewith is my predictions for 1984, while memories of the Orioles' torn of a bottle but from the quite lucid analysis of an ex- cellant baseball organization It is unquestionable that this team possesses all the ingredients necessary to be the recipients of a major tape ticker parade in October, a ridiculous Presidential phone call to the clubhouse, and one hell of a champagne party My determination comes from viewing the vast team potential. With George Foster and Darryl Strawberry in the outfield, the Mets have two of the premier home run hitters in baseball. The infield corners feature the be first basemen in baseball: Keith Hernandez with Hubie Brooks holding down third. Strength up the middle comes from Mookie Wilson, Brian Giles, Jose Oquendo and John Steams, all of whom are potential GoldGlovers Any other defense would need roller skates to cover as much ground. Baseball people will acknowledge that the Met organization also possesses the best young pitchers anywhere. Jesse Orosco, Doug Sisk, Carlos Diaz, Walt Terrell, Ron Darling, Tim Leary and Jeff Butiger have careers starting now that may land any one of them in the Hall of Fame. They will be the most sought after prizes of the winter meetings. Dave Johnson 1 championship and lukewarm clubhouse celebration are fresh in your minds. I would like to go on record as being the first (and possibly only) sportswriter to predict that the New York Mets will be the 1984 Worlds Champions. This prediction comes to you, not (who flew out to Clean Jones as you may think from the bot- forgot to mention about Real Fans. They will never, ever adchampionships with the Met's mit anything negative about Triple A Tidewater club. As their team to a non-believer. this year's manager, he's not Remember, only 162 days till talking fifth place or fourth. opening day. He's talking pennant! P.S. Pudge Meyer is obviousYou may not believe my predictions now, but the ly a real fan. His altogether destiny of the Mets is a dynassuperb article on professional ty. They will dominate the wrestling could obviously have been written by none other game of baseball for the remainder of the 1980s. than a loyal, devoted, and There's one other thing I bona fide fanatic. to end the 1969 World Series) has just won consecutive Skylon Marathon. . . continued from page I mile from the finish line." And twilight zone; a ivorld of then it was over. More water, unknown physical and ERG, oranges, medical attention if needed, supportive psychological torment. Thirdsof the year law student Jud Weiksnar shoulders, and thou remarked, "From twenty-one evening's Third An. il Frank on, it felt like I was gradually Butterini Marathon Harty. Winner of this year's Skylon going down into a ditch. Yes, I hit the ditch at twenty-one." I was 21-year-old, West Seneca suffered from a loss of feeling native Bernie Prabucki, who in my arms, dizziness, and a finished with a blistering time revelation that God was close of 2 hours, 21 minutes, 28 at hand. Simply put, the wall. seconds. The first woman The final mile or so was less finisher was Vicki Scanlon of agonizing, as the crowd's Hamilton, Ontario, in 2 hours, cheering and the blurred fan56 minutes, 38 seconds. A tasy that the finish line was Los handful of present and former Angeles in August of 1984 tapUB law students competed in ped hidden reserves of the race, including the followstrength. Third-year student ing (my apologies to those Pat Higgins noted, "I became whom I have inadvertently left real tired at twenty-two and a out): Frank Butterini (3:55:00), half, but the last mile was fun. Gary Cutler (3:31:00), Pat HigThe toughest part of the race gins (3:45:10), Tim Payne was the walk back to my car, (2:59:48), Rich Schaus (3:09.00), which my roommate parked a and Jud Wieksnar (3:21:58). Q: Isn't it true, Mr. Schrackle # that... C ]i hope on the pennant until elimination from the race has been mathematically^assured. At the appointed hour of MR.BIRZOFF: Objection, Your Honor. That question calls for innuendo, hearsay and character assassination. In the leading case 0f... THE COURT: Never mind, Counselor. Objection sustained. Opposing counsel is directed to submit that question t0... linjon j <j( There State University of New York at Bufialo School of Flaw is a choice! You can write for us, or we can write about you! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-10-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/26/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:52:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5afb066d56db84f472fe635a2df48c92.pdf 59ac5e55e476bdee680b9802884b7054 PDF Text Text Vol. 24:3 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Legal Services Corp. Distributes Monies Oregon Law Dean and Panel Discuss Race Discrimination for Political Lobbies All by David Cass quoted information comes from the August 19, 1983 and September 28, 1983 editions of The Wall Street October 12,1983 and Human Resources Committee, is currently conducting its own investigations to ascertain the extent of lobbying abuse. California's Proposition 9 of 1980 was an anathema to the The Legal Services Corp., LSC because it would cut ("LSC"), under the guise of California's state spending by forking over tax money to halving state income tax. Naturally,> the LSC felt that groups providing free legal services to the poor, has used tax their clients might not benefit from such an act and decided money for politicking and lobbying. Federal law says that to distribute money to such this is illegal. Nevertheless, the groups as the Western Center on Law and Poverty and the self-righteous, confrontationalist, idealistic attorneys California Public Interest who make up the LSC have Group, for the sole purpose of decided that since they are defeating Proposition 9. But protectors of the poor, that there was a problem. It seems they had better mobilize their that the U.S. Code specifically interest groups in order to stop states: "[N]either the [Legal Services Corp.] nor any recicorporate and government expient shall contribute or make ploitation. available corporate funds or On September 28, the program personnel for use in Government Accounting OfADVOCATING OR OPPOSING fice, ("GAO"), after being askANY BALLOT MEASURES, INed by Reagan appointee ITIATIVES. OR REFERENDonald P. Bograd, LSC's new DUMS." In order to get around top boss, to scrutinize the this, the Western Center's books of LSC to determine if senior attorney, Alan Rader there had been any wrongdo- reasoned that since legaling, concluded that during the service attorneys can provide Carter years several LSC pro"legal advice" 'to "eligible jects were clear violations of clients" about their "legal federal law. In particular, they rights", "as long as the legal had cited the LSC's lobbying services program is acting on effort against California's Pro- behalf of an eligible client, and position 9. The Senate's Labor continued on page 4 Journal. photo by X O'Hara Mitchell Lecture Panelists from left: Fordham, Freeman. Spiegelman (Willhelm & Bell Air Bags Promote Safety, But Are Not Widely Offered by David H. Ealy Air bags are capable of saving 12,000lives and preventing 100,000 serious injuries each year, and yet they have not been utilized since their inception over ten years ago. Air bags, for all their highly touted effectiveness, are not available on any passenger cars sold in the United States by American Public Interest Attorney Joins Buffalo Law Faculty Martha Beach Rob Steinfeld comes to Buffalo with a Ph.D. in History and an LL.M. from Harvard. His experience teaching and practicing law is no less impressive. This semester he's teaching Public Utilities Rate Regulation, Next semester he plans to teach Corporations and a seminar in Law and Economics. DEGREES Steinfeld got his J.D. from Boston College. Then he got a Ph.D. in History, also from Boston College. Last year he received, an LL.M. from Harvard. In between all of this, Steinfeld has managed to teach History at Boston College for two years, and As intricate as that may sound, Steinfeld insists that having taken a course in economics is Steinfeld has shown an not a prerequisite. He is interest in public interest law. convinced that economics He spend his first two years of need not be inaccessible to practice with Legal Services, those with liberal arts degrees. predominantly representing Many of his students have no welfare benefit aad landlord- background in economics. tenant concerns. From there he Steinfeld's goal is to teach moved to the New England them and at the same time Regional Energy Project. This challenge those students who group intervened in rate cases do have a background in on behalf of low income economic theory. THE ALLURE groups. Finally, Steinfeld As far as what brought him accepted a position with the Public Advocacy Office in to Buffalo, Steinfeld admits it Vermont, again representing was the faculty and not the winters. Referring to the public interests in rate cases. faculty he says that there is a lot of interesting work going on PUBLIC UTILITIES CLASS This class involves practical here. Referring to the winters application of economic he says he's going to have to theory to a regulatory context. wait and see. Freshman Composition at Harvard, also for two years. PRACTICING LAW INSIDE: Bookstore Controversy New Waves ABA News • shown! Auto Issue Robert Steinfeld by not • Page 3 Page 5 Pa 8e 6 .. auto makers. The National Highway Traf- fic Safety Administration (NHTSA) is responsible for pro- mulgating standards for the of purpose deaths and "reduc(ing) injuries to persons resulting from traffic accidents." In 1977 this agency found the air bag to be an effective life saving technology. In September of this year, Mercedes Benz began offering driver side air bags in the U.S. on selected 1984 models. The Ford Motor Co: is now bidding to supply 5,000 to 10,000 similarly equipped 1985 model cars to the government and some state police cars are being fitted with air bags. Clearly there is a demand for these devices. Our government has ostensibly and administratively recognized the utility of the air bag but still does not require the installation of air bags, even as an option, on cars sold to the public. This would lead one to conclude that air bags are not cost effective. This is not so. Air bags can save motorists $660 in insurance premiums over ten years. Full front seat air bag protection would cost $185 including markup when provided at high unbuckled like ordinary seatbelts. They don't depend for their effectiveness on any action taken by the occupant outside of purchasing the car. At the time Standard 208 was proposed, it was labelled a de facto air bag requirement because no other passive technologies were then available. In 1971 a new section was added to the proposed standard dealing expressly with passive belts. Standard 208 was again amended in 1972 to require passive protection for all front seat occupants of vehicles manufactured after August 15, 1975. The effective date was later extended to August 31, 1976. Just two months before this deadline, the DOT Secretary suspended the passive restraint requirement based on the "expectation (of) widespread public resistance to the new systems." A new DOT Secretary in 1977 immediately issued a new mandatory passive restraint regulation which called for either airbags or passive belts in large 1982-model cars. However in 1981 another new Secretary reopened the rulemaking and ultimately rescinded the passive restraint volume. Automobile manufac- requirement. offer this option The air bag has been a because demand would not be political football for more sufficient to cover the than a decade, but only the necessary start-up costs. automakers are aware of it. In As early as 1969, the a very real sense, over 120,000 Department of Transportation lives have been unnecessarily (DOT) formally proposed wasted during this period. The Standard 208, which mandated future has been sacrificed at the installation of passive the expense of present experestraints in all passengers diency. Eyerytime a new Presicars. Passive restraints do not dent is elected and a new DOT continued on page 4 have to be buckled or turers do not �Vol. 24, No. 3 Wednesday October 12,1983 Edftor-hvChief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Photo Editor: Lisa Kandel Kathy O'Hara Business Manager: Bob Cozzie Cohen, Staff: Wendy Anne Jud Weiksnar Contributors: Martha Beach, David Cass, David H. Ealy, Leah Edelstein, Jo Anne Leegant, Steve Meyer, Greg Phillips, Victor Siclari, Rob Turkewitz, Andy Viets © Copyright 1903, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo. NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Guard Your Rights: Know Your Government And Help Control It. Time hurries on: midway through the semester, through your law school tenure, through your last year in law school. First year students have shuffled off from Buffalo on a well-deserved break from the anxieties that seating charts and conflicting case opinions produce. Second year students have (hopefully) realized that they will earn that degree and have breathed a sigh of relief. Third year students have definitely learned that the outside world of job strategies and school loan repayments beckons, and May seems too close on the calendar (almost!). Amidst, and in spite of, everyone's intense personal challenges and time commitments and aspirations, however, exists the Law School's political infrastructure, that viable continuum of involved students who insure that all aspects of Law School existence are funded, appointed, or committeed. Four officers and eighteen directors attend weekly SBA meetings where they discuss, propose, and decide major policies which affect each of us. These twenty-two law students devote their valuable time to overseeing the internal affairs of an institution comprised of over seven hundred people. Yet, despite each of our's political stake in the venture, how many of us attend these meetings or even bother to acquaint ourselves with the issues at large? For that matter, how many of us even voted in last month's SBA elections?? Being actively involved in student government is both a right and a responsibility. Each law student is a member of SBA (remember those student fees we pay?), yet most of us ignore our responsibilities to participate in greasing the wheels of the political machinery so that it runs most efficiently and responsively. Our elected representatives wield considerable power to sit on student-faculty boards, appoint their peers to a slew of student-run committees, and control the financial affairs of every SBA-funded organization and club. Yet, how many of us could name or point out our class' directors, or all four of the SBA officers? How many of us would even care?? Without the benefit of constructive criticism from Law School community members, our elected SBA representatives are allowed to exercise their power unchecked. Certainly there are bylaws and procedures which are carefully followed, and certainly SBA makes every effort to be accountable to the student body by posting SBA meeting minutes and publishing news in The Opinion. Nonetheless, the wheels of the SBA machine turn daily and, for the most part, without the benefit of input from the seven hundred or so law students that SBA is there to serve. Without diligent supervision by us, our elected representatives and appointees virtually control our nonacademic existence within the Law School. We, the constituents, owe these governors our opinions about and participation in all aspects of SBA business, so as to insure the development of the best of all possible student governments. And we owe it to ourselves to guard our rights ani] to keep our SBA accountable to us. 2 Opinion October 12, 1983 President's Corner New Ideas, Waivers Discussed channels for students to plan events or activities, or simply other students from difmeet responthe key of One ferent years or class sections. sibilities of the SBA President is to try and insure that the law Why not sign up for the Social student body is aware of and Committee? involved in the many SBA acFee Waivers tivities during the school year. To that end, I hope to devote Information will be the majority of the space in this column to keeping available soon (in the aboveeveryone as up to date as described locations) regarding possible on SBA decisions, applications for waiver of your policies, ideas and plans. As mandatory student activity the year progresses, I hope fee. Each law student funds also to cover more esoteric SBA activities to the tune of subjects, such as the general $19.50 per semester. However, inability of law schools to be procedures exist to apply to serious about teaching ethics, have this fee waived by a subor why the NY. Giants are committee of the SBA Finance always able to snatch defeat Committee. The criteria apfrom the jaws of victory at the plied by this subcommittee is an "undue financial hardship" very last moment. want to at the suffered by the student. The emphasize I outset that the SBA always enstudent demonstrates this courages student input and hardship on forms available participation. We try to from the SBA Treasurer, Rob facilitate active student in- Sant. All information is strictly volvement by publicizing what confidential (it is in fact we do. First, SBA Board destroyed after the final decimeetings are open to the entire sions are made) and appeals to Law School and we welcome higher authority are possible. each of you to come forward However, the subcommittee is with opinions, proposals or serious about rejecting gripes: The weekly meetings undeserving applicants. In are regularly scheduled for fact, this writer was rejected by Greg Phillips 3:30 pm on Thursdays (this semester). If you can't make a par- ticular meeting, please take note that the minutes of each meeting and all major announcements or decisions are regularly posted on the door of the SBA office and on the SBA bulletin board in the mailroom. Additionally, you can always seek out one of your class representatives (Directors) or an SBA officer to find our what's coming down. Finally, you can stop by the SBA office where Directors and officers have regularly scheduled office hours. One excellent way to get in- volved in SBA is to sign up for an SBA committee. These committees have a broad range of duties providing a variety of ments committee with sugges- tions to that age old question: "What kind of professors would the students most like to have?" The town meeting would likely be hosted by yours truly, and provide you all a chance to voice your preferences. Also, it may afford the new members of the Appointment committee some idea of what these preferences are. Or maybe nobody will show up. In any event, the plans are to try to hold the town meeting the week of Oc- tober 17. Thank-Yous Its only fitting, in my opinion, that people who deserve credit for helping should get the recognition and thanks they've earned. By the looks of it so far, there are going to be a lot of thank-you's to hand out. For poll-sitting and ballotcounting during the SBA elec- tion: Liz Garcia, Hollie Levine, Claire Piro, Dan Pease, Manny Sanchez, Mark Katz, and Spencer Clough. For immoral support: Hayes, Gordy, Waddy, Fenwick, Boris, Houus, Warren (again) and Monk. For during his first year, despite being there; Sarah Ayer and car troubles and a $100 a week Sue Kozinn. For being there chicken wing habit, so be again: Jill and Anne and Kathy. Finally, the all-important and forewarned. exhausted SBA Appointment committee: Tracey Kassman, Town Meeting Tom Bantle, Tony Torres, It has been proposed that Jason Reid, Judy Olin, Rob the SBA sponsor a town Sant, and Sarah and Jill. Thanks to everybody else too meeting-type of forum to provide the student members of nuTrferoas'T^to Ttnentron: or the Student-Faculty Appoint- remember. i . That's Entertainment THEATRE: Director Saul Elkin has planned The Caucasian Chalk Circle, the play as both an educational Bertolt Brecht's famous play project and. a touring within a play, continues at 8:00 production. Also, the p.m., Thursday through' production of Chalk Circle is Sunday, now through October being performed in rehearsal 23, with Sunday performances clothes, on a bare stage, with at 3:00 p.m., UB Center Theatre, only those props found in and 681 Main Street, buffalo. around a theater. Tickets at $6, general admission; and $4, students and senior adults, are available at all Ticketron spiritual presence for locations and at the Center university students. While Theatre Box Office one hour most religious activities at before curtain. A.D.S. Newman are geared toward vouchers accepted. Catholic student FILM: the community, the social Days and Nights in the activities and community Forest, 1970 film directed by service projects are available the acclaimed Indian film for all —even law students, director Satyajit Ray, 4:30,7:00 about half a dozen of whom and 9:30 p.m., Thursday, Oct. participate in Newman 13 and Friday, Oct. 14 activities with some regularity. Waldman Theatre, Norton The Newman Center is much Hall, North (Amherst) campus. more than a place to celebrate Admission, first show only, Mass. With the closing of $1.25, students; $2.25, nonSquire Hall, the old student students. Later screenings, union, Newman has tried to $1.75, students; $2.25, nonprovide for the needs of students, i students living near Main LECTURE: Street Campus. One need that Prof. Maurice Friedberg of Newman recognized was for the University of Illinois will an alternative to the speak on "Soviet Culture: The traditional Happy Hour on Limits of Freedom," at 8:00 Friday afternoons. Thus the p.m., Thursday, Oct. 13 Room Alternative Happy Hour was 567, Capen Hall, North born. The Alternative is a low- (Amherst) campus. Friedberg is Solitude on Main St. by Jud Weiksnar Where in the vicinity of Main Street Campus could you find the following events taking place this past year? -beer, ice cream, and pizzatasting contests -lecture/discussion with Judge Curtin on the Morality of Law -midnight bowling tournaments -nuclear freeze meetings -New Wave dance parties -press conference with Salvadoran refugees All those activities and more happened at the Main Street Newman Center, that funnylooking house at Main and Niagara Falls Boulevard, across the street from Hayes Hall. Technically, the Newman Center serves U.B.s Catholic population as one of the campus ministries. The Main key prayer service at 5:00 Street Center (there's one on Friday, followed by a dinner the Amherst campus, too) is that's prepared by student staffed by a priest, a campus volunteers, and a chance to minister, a counselor, a unwind. It lets you start the secretary, and four students, weekend on the right foot, and all under the able direction of talk about something besides Fr. Emil Swiatek. Newman's Palsgraf. It also gives you a basic purpose is to provide a chance to meet people in a an internationally known scholar on Soviet and Jewish cultural affairs, and the author of Russian Classics in Soviet jackets and A Decade of Euphoria: Western Literature in Post-Stalin Russia 1954-64. continued on page 5 �Students Question Follett's Bookstore Policies Follett's Frustrates Law Students, Profs by Victor Siclari was that the informationabout the order was "privileged" and In the September 30, 1983 should not have been disdosissue of The Opinion, an ed by the publisher. The irony editorial bemoaned the pro- of this situation was comblems that the Law School has pounded when the professor faced; more precisely, a loss of was later contacted by the autonomy. Some of the complaints concerned the increased use of classrooms in Lord O'BrianHall for undergraduate courses, uncontrolled use of the carrels in the Law Library by undergraduates, and the prospect of Law School courses having to conform to the 50-minute time slot, which is the norm for Monday, Wednesday and Friday undergraduate courses. Now this is not to be taken attack on undergraduates. After all, we were in their position not too long ago. However, we do pay over two and a half times the tuition, and that should entitle us to at least equal consideration in the administrative decisions of the university; a type of "equal protection of the as an laws." Nevertheless, it seems as if this is "free-for-all" season on the Law School, its faculty and its students. Let me give a few examples. Someone in the bookstore management has taken the initiative to change book orders submitted by law professors. Instead of ordering the specified number of books (which rs their •prime responsibility), the bookstore has brought it upon themselves to decrease the order so it can liquidate its inventory of unused and used books in the same subject. You say that this seems like a good business move on the part of the bookstore. However, their foresight is myopic because they do not realize that the books the professors have ordered are a new edition. Thus, when the books for a course are sold at the beginning of the semester, some students have to settle wrth outdated copies or have to take it upon themselves to order the new edition from the publisher or a local bookstore. The professor who had ordered the books did not find out about this new policy of the bookstore until he called the publisher directly to find out why his order was so short. It was then that he discovered the discrepancy. When the professor confronted the bookstore, the reply received publishing company. It seems that the bookstore demanded that the person in the publishing company who revealed this "privileged" information be fired. At this point, there is great potential for a soap opera series. However, there is more. It is common for Law School professors to copy supplemental materials for their classes in order to provide students with materials that otherwise would not be available to them in a published form. These materials used to be transported from the Law School to the bookstore so they could be sold to the students. Any knowledge of Murphy's Law will tell you that even this seemingly simple arrangement went awry. When there was no problem as to who was to transport the materials (which was not often), some bookstore personnel still managed to cause headaches for students by telling them that there were no supplementary materials, whereas, someone else in the bookstore was able to find the materials sitting in a box in the storeroom. The bookstore has been thoughtful enough not to cause us any more problems with supplementary materials, though. No, they have not augmented their organization and efficiency. Instead, they have washed their hand's completely of the materials. I believe they stated that their reason for relinquishing responsibility for the materials was a fear of being sued for copyright infringement. This is understandable, if true, but considering the surrounding circumstances, this sudden change of policy one month into the semester seems to lack a well-thought plan of policy change that would take effect at the beginning of the semester. All supplementary materials are now sold at the Admissions and Records office only on Wednesday and Thursday from 12 p.m. 3 p.m. and can be purchased only by check. That means if you do not have a checking account or those - time slots free, you better find Library Taps Newhouse Wade J. Newhouse,. an associate dean of the State University at Buffalo Law School, has been named director of the Law Library for the 1983-84 academic year, starting August 1. Newhouse, a UB Law School faculty member since 1958, fills a vacancy created by the departure of Law Librarian Kathleen Carrick, who has accepted a similar post at Case Western at University Reserve Newhouse Cleveland. previously served as acting law librarian for a one-year term in 1977-78. Commentaries his new term as director ofthe Law Library, the 60-year-old Newhouse will conDuring tinue to serve as associate dean and to teach. However, his teaching schedule will be curtailed. He also serves as director of the Edwin F. Jaeckle Center for State and Local Government Law. A 1951 law graduate of the University of Michigan, Newhouse was admitted to law practice in Michigan in 1952 and in New York State in 1971. His primary teaching areas are in constitutional law and in legal problems affecting schools. Bookstore's Policy Overturned in Court by Jo Anne Leegant Editors' Note: The views expressed in these two articles reflect a long-standing controversy. Responses, par- ticularly from the bookstore management, are encouraged and would be ap- preciated. a friend, fast, who does. I am sure that these are not the only problems, but as a first-year student who has been here just under two months, they are enough to make me wonder whether anyone outside of the Law School is really concerned with the raw deals we are getting. The Law School should not'be compelled to establish its own independent bookstore so that they will be assured that the book orders will arrive as specified and on time. That is why there is a campus bookstore. And do not let any one persuade you into believing that the bookstore is doing us a favor. It is not. It is the university that is doing them a favor by giving them permission to operate on cam- pus and get rich off our money which* is gained by hard work or burdensome debts. Let us not forget that the Law School predates the SUNY system. We should not be gobbled up by its administrative bureaucracy. We have every right to equal, if riot better, services. If anyone should be aware of a breach of contract or services, it is us. sold for $27.95) back as a new book, but that they would give The facts and arguments of her half-price. The plaintiff this case are set forth in the then spoke with the manager, interest of keeping all law who reiterated store policy students informed of relevant and who failed to appreciate precedents in the courts where the plaintiff's valiant attempt they may have occasion to to explain to him the principle practice. On April 30, 1983, in of reliance in terms a layman a small claims action before could understand (she had the Honorable Sherwood L. been taught contracts by Bestry in the Amherst Town Professor Schlegel), and who Justice Court, it was held that raised the offer to $13.00. After the plaintiff, then a second politely informing the manager year law student, was entitled that she would pursue the to a judgment from the matter in court, the plaintiff defendant, the campus took the $13.00. bookstore, in the amount of When the matter came to $8.91 plus interest and court court, the defendant, fearful of costs, total award $12.67. setting a precedent, retained Prior to the beginning of the an attorney (as required of spring semester, the plaintiff non-closely-held corporations made a special trip to the pursuant to §1819 of the bookstore. She was registered Uniform Justice Court Act), for Evidence to be taught by electing to fight rather than Professor Birzon. After finding settle the matter out of court. no listing at all for that section He argued that store policy and professor on the shelf prevailed and that the store where it should have been, she was not made aware of the sought assistance at the particular textbook required information counter located in by the particular professor the middle of the store. The until after the plaintiff had clerk on duty took from the purchased the particular book. plaintiff the information as to The plaintiff argued that store section and professor, policy was irrelevant, since the disappeared, and returned principle here was that she had with an Evidence book which relied on the salesperson, thus was purchased by the plaintiff. Uniform Commercial Code The latter, paranoid soul, §2-215, implied warranty of fearful of having her books fitness for a particular stolen, pasted a name and purpose, controlled. As address label in the front of indicated earlier, the court each purchase, including the found in the plaintiff's favor. So, if you go to the evidence booV On the first day of class, she bookstore and can't find what learned that she had been sold you need, and rely on an the wrong book. When she employee to help you, should attempted to return the that employee sell you the aforementioned book, the wrong item, if you take the clerk observed that a "mark" time and trouble to take the appeared on the inside front matter to small claims court if cover where the name tape they refuse to settle, you have had been and announced that a precedent to cite. If you store policy precluded her can't make money, make from taking the book (which trouble. Welcome to Santa Barbara: A Student's Garden of Eden by Andy H. Viets This past spring, a number of my friends went out in search of summer legal employment. actually were Some successful. Of the two people I currently abode with, one got a labor law job in New York City and the other worked for a law firm called Siben and Siben (according to my friend, the biggest and baddest law firm in all of Suffolk county). Did I attempt to find such a legally-related job this past summer? Certainly not. I bought a car and drove out to California. Most people on the east coast seem to have the same general impression of California —a land of moral degeneracy, where few people work, everyone experiences himself, and most of a person's time is spent on the beach or doing drugs. All of this is largely true—and I loved every second of it. First, a few observations about the sunshine state: 1) It might never rain in Californian student has is Southern California (I didn't planning his or her class see a drop the entire ten weeks schedule around prime time I was there), but it sure does get foggy, especially in the morning. It usually burns off by noon, though, so as not to interfere with your tanning time. 2) Not only do real men not eat quiche in California, no one eats the stuff. Just mention the word and people make terrible looking faces and disgusting noises (but then a number of again, Californians spend significant parts of their time doing this). tanning time (11:00 A.M. to 3:00 P.M. May through September, 10:00 A.M. to 2:00 P.M. October through August). My little sister spent a good part of her summer trying to change a class she had been given for the fall semester that was scheduled to meet from 11:30 to 1:00 (at last report she remained unsuccessful in this endeavor.) 6) As much as I loved California there was one thing about the place that I could 3) The oil rigs off the coast just not get used to. The cars have got to be some of the actually stop at intersections ugliest looking things I have ever seen (just a quick editorial comment in case James Watt is reading this). 4) The waves aren't all that big (at least not in Santa Barbara and San Diego). I'd take Jones Beach any day (except from September through May). 5) The most pressing a Southern problem , (even when there isn't a stop sign) and let pedestrians cross the street unscathed. I never lost the feeling that they were setting me up to run me over when I got half way across. After spending two and a half months in paradise, I truly found myself and the corner of the world I want to spend the rest of my life in (after I graduate, that is, or, as some continued on page 4 October 12, 1983 Opinion 3 �Legal Services Monies Go to Political Lobbies continued from page 7 performing functions that attorneys traditionally perform for their clients, the congressional intent (of the lawl is fully met]" What Rader and his forces proceeded to do was to get involved in defeating Proposition 9 under the veneer of helping their clients. Also, through the use of funds distribution, the LSC proceeded to mobilize all legal service groups to thwart the passage of Proposition 9. Mr. Rader's arrogance in this matter was only evident through his stupidity. In a speech in January 1981 about how Proposition 9 was defeated, Mr. Rader said, "[l]egal-services groups throughout the state agreed to pool their available monies to fund a co-ordinated campaign against the ballot initiative" Also, many of these groups took personnel off of their "normal" legal duties to assist in defeating Proposition 9 Administration explained, "We of production seems to be cannot be content with the pollution, when it isn't busy creation of systems rendering free legal service to all people who need but cannot afford a lawyer's advice. Our responsibility is to marshal the forces of law and the strength of lawyers to combat the causes and effects of poverty." To fully understand the problems that LSC has, one must be cognizant of the fact that the LSC's abuse of power is considered by LSC staffers to be acceptable. After all, the acceptance of getting involved in lobbying and elections is, according to Clint Bamberger, essential. In order to facilitate their lobbying whims, the LSC has either published or given money to groups who have published training guides on lobbying. keeping politicians in its pocket and exploiting Third World peoples. The guide is replete with corporate guides, one of which expresses sympathy to the families of the 803 men whose lives were lost during the unsuccessful Marxist takeover of the plant. the guide, According to "There is something about finding out who has their foot on your throat that makes you feel less afraid of them." The next step is, according to the guide, is "muckraking research" to "put pressure" on local, state, or federal governments, landlords, corporations, "or any opposition." The current Senate investigations are showing just how far the term "poor" has stretched. The In 1981, an LSC training been Massachusettes Poverty Law guide for legal-service advocates, published by the Center in 1982 thanked the LSC for providing the funds for a holdovers in the Carter Administration, aims to help book titled "Lobbying on a Besides the GAO pointing "community organization and Shoestring: How to Win in and the accusatory finger at LSC in public interest groups win Massachusettes general, and Mr. Rader in par- power and resources." The Other Places Too." It was inticular, an appointed Senate guide outlines how to gather tended for "individuals and committee is looking into' a and use information to change organizations who want to the "power equation" between remedy an injustice by changmyriad of other abuses "Us" and "Them". It is in- ing the law," including how to use the media in a legislative It is no secret to the teresting to note that the conWashington social circuit that tents of the guide was based campaign. LSC became the personal toy on a previous publication enof the Democratic Party's left titled, "Tactical Investigations The abuses going on within wing during the Carter AdLSC are not secrets anymore. for People's Struggles." ministration. However, in order At the time of this writing the to perceive the thrust of LSC Its caricature of "Them" is Justice Department is starting philosophy, one must go back the "Chemakill Corp.," foundto gather evidence against Mr. to 1968 when Clint Bamberger, ed by "Chester A. Prominent" Rader. The CAO is scouring all first director of the Office of and audited by "Chuck the old records to determine Legal Services in the lohnson Bogus". Chemakill's main line exactly who or what is to POSITION AVAILABLE Feature Editor of The Opinion Election Monday, October 17th at 3:30 p.m. in Room 724 All Law Students Eligible to Run Toxic Chemical Regulation Films The following films are shown in conjunction with Barry Boyer's Toxic Chemical Regulation class All films will be in O'Brian Hall, are FREE, and EVERYONE IS WELCOME! Do I Look Like I Want To Die? (59 mm.) Monday, October 17, 4:00 p.m., Room 106 Tuesday, October 18, 3:30 p.m.. Room 106 This is a documentary on the community of Richland, Washington which is dependent on and supportive of the presence of the Harford Project, a nuclear facility operating there since 1945 Nuclear issues are viewed through the eyes of five people who work in the industry and a public debate is held with major figures from ~" scientific and environmental realms Sentenced To Success (60 mm.) Monday, October 24, 4.00 p.m.. Room 106 Tuesday, October 25, 3:30 p.m.. Room 106 This production by the French Atomic Workers Union is a rare opportunity to look at a nuclear reprocessing plant in La Hague, France, which receives waste from around the world. It vividly depicts the lives of theworkers aswell as theArcane technology of waste reprocessing. 4 Opinion October 12, W63 ... blame for the bastardization of legal services. The LSC's adventures are a case history of how a federal agency, once created, can defy elected political leaders with bureaucratic guerilla tactics. LSC must be brought back to the people who really need its services before there is such a huge anti-LSC movement that it ceases to function as a viable, valuable service to the Americans who can least afford to lose it. California Summer continued from page J people tell me, if I graduate). It is Santa Barbara, California. I did not actually live in Santa Barbara this past summer. I lived in Isla Vista, a small town next to the University of California at Santa Barbara (UCSB), which is about ten miles north of the city. Isla Vista is your basic student ghetto. It is about one mile from Santa Barbara Municipal Airport (which is really in Goleta, a city between Santa Barbara and Isla Vista) where President Reagan's helicopter lands (actually five or six helicopters land, Reagan gets out of one of them and he is whisked away in a limousine to his ranch up in the mountains). Isla Vista's one claim to fame occurred over a decade ago when its residents blew up the local bank. Long-time residents are fairly proud of this. To commemorate the moment, some of the land around the bank was turned into a park, which they called "People's Park." As of late the local drunks have set up residency there and the bank is now a video arcade. I returned to Buffalo from all of this rather reluctantly. I've been to worst places than the Queen City but I've never been anywhere that's as nice as Santa Barbara. The next time you're there be sure to check out the Court House, the Mission, the Wharf, Joe's Cafe and the Elephant Bar (which is really in Goleta). If you enjoy staying out at night until the bars close (2:00 A.M., sometimes earlier on weeknights) the place to go afterwards is J. K. Frimple's. It's the only place in Santa Barbara where you can get any food after 11:00 P.M. Despite having to leave that heavenly land, I remain at peace with myself and with the universe. I experienced a transformation which I hope will forever remain with me. Each of us has to decide where that part of the world is where we can combine our natural tendencies towards peace and power for the benefit of all living things. And remember—not to decide is to decide. May the force be with you. Air Bags Promote Safety continued from page 7 Secretary appointed, the fate of passive restraints changes in response to the varying deference accorded the automobile industry. The Supreme Court has acknowledged the decadelong regulatory war which the automakers have waged against the air bag. The winner of this "war" is not yet apparent. Although air bags are unquestionably effective, the passive restraint standard was rescinded in 1981 by the Reagan Administration because carmakers had decided to install passive belts in 99 percent of their cars. Since these belts could be rendered IPIMiS ****** Faster Does it Better, for Less! Resumes Professionally Typeset a Printed Briefs & Writing Samples Copied ALSO: Posters •• Flyers c Brochures Tickets •• Bus. Cards •• Letterheads Envelopes 1876N.F. Blvd. Amhsrst 834-7046 3171 Main St. Buffalo 8354100 ineffective by car buyers, the agency scrapped the entire tion lies with public opinion. Government can serve in a standard. "Big Brother" capacity or Even though the original adopt a laissez-faire position. passive restraint standard was The former stance compels the a de facto air bag requirement, implementation of a passive the agency failed to consider restraint standard. The latter an "air-bag-only" standard. For stance disdains forcing the this reason, the Supreme Court standard on an unwilling in June of 1983 found NHTSA's public. Public education might decision to be an "arbitrary circumvent this-dilemma, but and capricious" exercise of the public should at least be power. The court specifically afforded the opportunity of condemned the agency's now purchasing the air bag as deference to the auto industry an option. and raised the presumption The role of the corporation that an "all-air-bag" standard is to maximize profits and the would be the logical response role of government should be the faults of detachable seat to internalize the costs of corbelts. porate profit maximization. The Supreme Court decision When enacting the Motor orders the DOT Secretary to Vehicle traffic Safety Act, Conprovide a reasoned analysis gress recognized that outlining why an "all-airbagautomakers are not sufficientstandard" was not conly responsive to safety contemplated, including questions cerns. Despite the high start-up concerning the installation of costs, automakers should proair bags in small cars and the vide air bags at least as an oppossible adverse reverse of the tion. Under a bill recently passpublic. It is not clear whether ed by the Senate Commerce such reasons would be suffi- Committee, air bags would be cient. The four dissenting required as an option on Justices would require merely 1986-model cars. Perhaps with, a "rational explanation." the renewed vigor of the Recent events have been automobile industry behind it conspiring to bring back the air this bill will become law. bag in some capacity, but it is If the public would grasp the possible that the air bag will reality that 12,000 lives could not be required on be saved each year through the automobiles in this decade. use of air bags, they would cerStill, it is difficult to concede tainly demand the installation the total demise of such a life of air bags in such numbers as saving device. The air bag is so to satisfy the automobile ineffective, so easy to use, and dustry's desire for profit. so logically compelling, that it Before this happens, the air has survived many attacks. The bag will be required on all cars ture reason for its ignoble posijust like headlights are. to �New Waves First, the Bad News by Jud Weiksnar and. The Throbs provided a The Buffalo area has seen many disquieting events take place in the past several months: institutions folding or moving to other states; few opportunities for those who work; want to and discouraging forecasts from local authorities who see no end to the deteriorating situation. It's easy to give up hope. By this point, you might be wondering how the local economy got into the New Waves column. Well, even though it may sound like it, I'm not talking about the local economy. What I'm really talking about is the local music scene. While the local colleges and promoters must be commended for bringing in international superstars David Bowie, Adrian Belew, and Talking Heads in the space of a month, not to mention the bands who were at Fallfest, the local music scene is dismal in comparison. First, the bad news: Mark Freeland has left town to work with Our Daughter's Wedding in New York City. New York's gain is surely Buffalo's loss. The departure of Freeland means the disbanding of Electroman, Buffalo's best original band. His departure also casts a shadow over the future of The Ferns, for whom Mark drummed, and the other musical ventures he had his creative little fingers into. This summer also marked the breakup of The Throbs, when they finally seemed to be jelling into one of Buffalo's better bands. (Please disregard last semester's disparaging review of The Throbs. If I've learned one thing, it's that first impressidns can be deceiving, perfect -example. A change of drummers helped a lot, too.) It will be interesting to see what direction lead singer Pauline Digati takes now. Sinatra Test and Famous Blue Raincoat, two of the more critically acclaimed new bands, .are leaving town in search of greener pastures and record contracts. While Buffalo certainly has what it takes to spawn creative new groups, it has difficulty sustaining them. The lack of local clubs willing to book such groups, and the reluctance of radio stations (except WBNY and WUWU) to give them airplay makes it hard for them to attract a large enough following to remain viable. Schuper House and McVans have both bitten the dust in the past year. While other bars such as the Pasttime and the Sudanese Pyramid are trying to pick up the slack, they lack the established clientele that can give a fledgling band an instant audience. Out of all this despair, however, there is hope. By its very nature, the local music scene is always in a state of flux. Several good bands remain —The Elements, The Lumens, 10,000 Maniacs, and Paper Faces to name a few. Oftentimes it is in times of darkness that the seeds are sown for new bands to pop out of nowhere and fill the void. In fact there's probably some unknown band out there now playing in some garage who'll change the face of local music. While we're waiting for that to happen, however, we'll have to take advantage of the national groups coming in and make the most of what we've got here. THE 4T*ttø w w *_£ffu<*e TV*B\ pidut* v \(v 00• yp\fKt-t*& V\ >/ /\7~Y/\ ' Æ-" l/~S& \ r \/ P røfM&T < \c,\j The Newman Center also believes we a have commitment to serve those who need help, whether they be in our backyard or across the globe. You can find volunteers from the Newman Center working in soup you. If you prefer to skip the kitchens in Buffalo, collecting prayer service and just come for Muscular Dystrophy, and for the meal and hospitality, teaching orphans in Mexico. you're perfectly welcome. The Newman Center sponsors You're asked to contribute students wiliing to spend time either a dollar, a salad, or a working on worthy projects of community service at home dessert. continued from page 2 low-decibel atmosphere. If you're one of those who has a hard time striking up an engaging conversation at the bars, the we created Alternative Happy Hour for , -v 4W n^i1 >_$Z > i / v? \ I *f 1^—'fiOJ-i&M I frOTHVj auk y» a 8 coKit+t HV. Entertainment in Buffalo campus, and at all Ticketron outlets. Through October 16, The Buffalo Regional Ballet Sunday performance at 2:30 Company opens its season with p.m.; different programs each performances of works night. choreographed by Keith MUSIC: The Sequoia String Quartet, Carcich and Gary Marino. Well-known Buffalo pianist resident string quartet at the and UB alumna Claudia Hoca California Institute for Arts, will perform in three of these continues the Slee Beethoven works, 8:00 p.m., Thursday String Quartet Cycle at 8:00 through Saturday, Oct. 13-15, p.m., Friday, October 14, Slee Katharine Cornell Theatre, Concert Hall, North (Amherst) Ellicott Complex, North campus. The Sequoia will (Amherst) campus. Tickets at perform this year at the $5, general admission, $4, UB Metropolitan Museum of Art faculty and staff and senior in New York and at the Berlin Festival and will tour Australia. adults, and $2, students, Piano Student Recital, 1:00 available at the Harriman Hall Ticket Office, South (Main p.m., Friday, October 14, Baird Street) campus. Black Recital Hall, North (Amherst) Mountain College II offices at campus. 451 Porter Quadrangle, Ellicott ART SHOW OPENING: Complex, North (Amherst) A show of drawings, paintings, prints, photography and sculpture by MFA and MA in Humanities candidates will open with a reception at 7:00 p.m., on Friday, October 14, and abroad. As for the pizza tasting, and run through November 4, lectures, bowling, and New Bethune Gallery, second floor, Wave parties, those activities Bethune Hall, 2917 Main Street are all at Newman too. To find near Hertel. out more, leave a note in my FILM: Outtakes, Hollywood mailbox, number 277, or call the Newman Center at Midnight, Friday, October 14, 834-2297. Newman provides an and Saturday Octover 15, atomosphere and activities Woldman Theatre, Norton that you can't find on Hall, North (Amherst) campus. campus —a haven from the Admission, $1.75, students; classes, the" parking, and the $2.25, non-students. King of Comedy (Scorcese, construction. Lots of you live 1982), 4:00, 6.00, 8:00 and 10:00 near the Center. Stop in. continued from page 2 DANCE: . Newman Center Activities ••• T-t- r r A_A / \ p.m., Friday, October 14, .Woldman Theatre, Norton Hall, North (Amherst) campus. Admission, first $1.25, students; students. Later $1.75, students; students. show only, $2.25, nonscreenings, $2.25, non- EXHIBITS: Photographic Portraits of Artists, 9:00 a.m. to 5:00 p.m., Monday through Friday, Capen Gallery, fifth floor, Capen Hall, North (Amherst) campus. Through November 10. Photographs by Dan Graham, through November 7, Black Mountain College II Gallery, 451 Porter Quadrangle, Ellicott Complex, North (Amherst) campus. Hours: 10:00 a.m. to 4:00 p.m., Monday through Friday. Photographs by Charles Steckler, associate professor of the arts at Union College, through November 4, Center for Tomorrow, North (Amherst) campus. Photos by the late H. Phelps Clawson, through December 4, lobby, UB Center Theatre, 681 Main Street. Clawson was a prominent Buffalonian and was former curator of anthropology at the Buffalo Museum of Science. The images in this exhibit were made from 1927 through 1931 when Clawson accompanied the Harvard University/Boston Museum of Fine Arts Expedition to Egypt and the Sudan. BE A PART OF YOUR NEWSPAPER! Volume 24, No. 4 Copy Deadline: Tuesday 10/18 Issue Date: October 26th [^mimFw Volume 24, No. 5 C° PY Deadline: Tuesda V 11/1 Issue Date: November 9th Submit Articles, Commentaries 7and Letters To The Opinion in Room 724 Or To Mailbox 19, 184, 253 or 409. October 12,1WJ; Ogfc *fm 5 �Report from the ABA National Convention By Rob Turkewitz Welcome back to school, and congratulations to those first year students and transfer students who chose to join us at this prestigious instiution of law. Also, congratulations to those who have successfully completed the first year. Finally, congratulations are a Iso in order to those of us who have made it to our final year. Hope you all had a long, memorable, and productive summer. I was really getting sick of standing in those hot, crowded NYC subways, and being subjected to that ad where you learn that it's 98 degrees in the subway, but 42 degrees in a nice cold Miller beer. Over the summer the ABA had its annual meeting in Atlanta. I had the opportunity to attend courtesy of Buffalo Law School. Having never been to Atlanta, I did some non-legal research and learned that in 1865, during the Civil War, a Union General by the name of Sherman burned the city of Atlanta to the ground.(l'm sure others like myself were asleep by the time Atlanta was burning in "Gone With The Wind". My first question was whether they built up the city again. Knowing that the reasonable person doesn't like their city being destroyed, my second question was whether it was safe for northerners to walk the streets. In case you're interested, they're still buillding up Atlanta. Atlanta is a beautiful, Jh l J *j modern, clean, and well planned city. Remind you of Buffalo? People in Atlanta generally, hold no grudge against us Yankees. However, there are areas where it isn't even safe for an Atlanta Brave walk the streets. Attorneys that I spoke with felt that to Atlanta was a great city in which to practice law, and that the opportunitiesfor jobs were good. This is encouraging to those of you who are seeking to practice in warmer climates. I did a little legal research and found out that Atlanta is also noted for being the home of Coca-Cola. In the famous Coca-Cola trademark case, Coca-Cola Company vs. Koke Company, 254 U.S. 143 (1920), Justice Holmes declared that Coca-Cola "means a single thing coming from a single source and well known to the community." Justice Holmes was the first to declare that Coke is "the real thing." In Atlanta the "Pepsi Challenge" is thought to be a communist plot. I guess it would be like having a large campaign to buy Japanese steel in Buffalo. The ABA convention headquarters was at the Hilton Hotel a marvel of architectural awesometicity! At the Hilton there were hundreds of commercial booths with products ranging from course review video-tapes for the law student to computers for your law firm. While the ABA seminars and meetings were held at almost every hotel in Atlanta, the Law Student Divi- - sion met mainly at the Ladha Hotel. Among all the workshops, speeches, assemblies and elections, I believe we managed to accomplish a great deal within a short period of time. I was indeed impressed by the degree of integrity, concern, and dedication expressed by the student representatives and participants from law schools all across the nation. attended several I workshops and seminars as well as the assemblies. The Law Student Division Workshops mainly covered recruitment and informed us about the programs the ABA has to offer. I attended a job hunting seminar and a seminar on alternative legal careers. I wish to reserve this information for my next ABA-LSD Report, so keep your eyes open for the next The Opinion. The assembly meetings were held in a large ballroom at the Sheraton Hotel and we were seated with the other representatives in our circuit. (We are in the 2nd Circuit). We used parliamentary procedure and had at hand a paid parliamentarian to assure that we followed the proper procedures. We passed many resolutions and proposals. To name a few, we proposed that the ABA establish a Special Committee on Minorities in the Legal Profession; we recommended that the Bar encourage all ABAapproved law schools to ban all on-campus recruiters who discriminate in job interviews Hayride & Party —at the "Lance & Shield" oumd, n.y.) Sponsored by the Commencement — Committee r ($7.50/person includes: C M — Horse Drawn Hayride J m*, limn* to co people $5.50 w/o ride) — Hot Dogs, Burgers & Salads U — Bonfire & Tavern Q7 , M j *j ( Ticket & info available in front of Library ji |a J F■ V B CONTACTING THE TOP LAW FIRMS IN NEW YORK CITY IS AS EASY AS SIGNING YOUR NAME AND LICKING A STAMP. With the University Press cover letter service, that is. Provide us with a personal cover letter and let our word processor do the rest. Our computer lists include firms in Boston, Washington, Buffalo, Philadelphia and New York City. We even address the envelopes. We take the work out of job-hunting. \| * UniveraJty Pros Ms Harrinun Übraiy Main Slrect Campus 131-25M IT'S HERE!!! The All New Buffalo Law School Entertainment Card h In The Country on the basis of sexual U.S.. military personnel to El preference, and we proposed Salvador. that the ABA require all ABAI had the opportunity to approved law.schools to offer hear former Secretary of State trial practice skills and alter- Dean Rusk speak at an LSD native dispute resolution train- complimentary luncheon. He ing. spoke on international law and Many resolutions were foreign policy. I also heard disapproved. For example, the President Reagan give the LSD rejected a proposal urging opening address to the ABA. I the ABA to rconsider its rejec- brought my camera along to tion of the Model Rules of Proget a few good pictures. In fessional Conduct section order to get past security I had allowing lawyers to warn vic- to snap a picture (to test if it tims of a client's fraudulent or was a bomb). Well, an old criminal scheme only in the judge from Virginia was stancase of physical danger. Also ding beside me and covered rejected was a proposal to his ears as I snapped the picurge the ABA to support apture. As we filed into the proval of the N.Y.S. House of auditorium I asked his Honor Representatives Resolution 87, why he covered his ears and he requiring President Reagan to responded, "You never know; comply with the War Powers young lawyers always seem to Act with respect to his make a lot of unnecessary unilateral decision to commit noise!" Q: What's an Entertainment Card? A: An Entertainment Card is a card which entitles the holder to obtain discounts at local bars, restaurants, and movie theaters. It is sold for $10.00 by the Commencement Committee. Where can I use my Entertainment Card? A: The Entertainment Card may be used at any of the following Q: bars and restaurants: Rooties, Grandma Lee's, Pizza Plant, Golden Palace, Library, The Steer, Boardwalk Cafe, Bullfeathers, Mindy's, The Run-Around, Checkers, Cheers, AND MANY MORE The Entertainment Card will also entitle its holder to purchase discounted movie tickets. These tickets are valid at all General Cinema Theaters, including the University, Boulevard, Eastern Hills, and Thruway Mall Cinemas. The movie tickets will be available for $2.50, a savings of $1.50 off the regular ticket price. In addition, the purchaser of an Entertainment Card will also receive a discount on upcoming Commencement Committee -sponsored activities. Q: Why does the Commencement Committee sell Entertainment Cards? A: The Committee sells the cards to pay for parties throughout the year, and to raise money for graduation week activities. Q: Where can /purchase an Entertainment Card? A: They are on sale NOW in front of the library. 6 October 12,1983 �IT'S NOT TOO LATE Any Buffalo student who registers for the BAR/BRI New York course by THURSDAY, Oct. 13, will receive a DISCOUNT of $100 off the $750 course price. Moreover, for those of you who have not yet taken the MPRE, BAR/BRl's course in preparation for the Nov. 18 examination is FREE with an additional deposit of $75, fully credited towards your New York bar review tuition. To register for course and books, complete a green enrollment application and include your deposit of $150. If you choose not to receive the books now, but would like to secure this discount price, a $50 deposit is all you need to enroll in the bar review ----•-■•■-■- course that more people took last summer than all other bar review courses combined. ' 9-10 If you have any questions, stop by for COFFEE and DOUGHNUTS outside room 106 on October 13th, or speak to one of our reps at our display table: MON TUES WED JillKawa Dan Elias Mary Pat Enright Irene Hirata Vie VAngela Susan Gray 10-11 Tracy Kassman jj j2 19 1 \~ 1-2 o o 2-3 o A 3-4 Ed Murphy Ron Osaon Jill Paperno _o •„�«,. to (winter lorn rZ vlrZ^r, FRI THURS Chris Renfroe Neil Dickson Jan Davidoff Scott Stechman Michael Colon . Laurie Frank Lorri Kolbert „ _^ Kirn Cntes _, John Curran Kita riubbard Manny Sanchez Sherri Samilow Turner, Kurt Amend, or Anne Carberry ALSO SEE: Peter Hogan, Steve Wickmark, Pat \Qj/\JJUREVIEW BAR m 401 Seventh Avenue. Suite 62 • New York. New York 10001 v • (212) 594-3696 oilobei' itf; 'i*i«3 Opinion 7 �Wrestling Conditions Both Athletes and Fans by Pudge Meyer Foreman was boxing's champ, he was asked if he would fight Bruno Sammartino. He smartly replied, "Aint no way I'd do It's no small wonder that Professional wrestling attracts some of the finest athletes in that." the world. Most of the better (Contrary to popular belief, wrestlers have in fact come wrestling does have rules. In from other sports that just the late 70's, when Ken Patera weren't demanding enough. defensive end Ernie Ladd; weightlifting champ Ken Patera.) Almost all wrestlers (Former have had illustrious amateur wrestling careers— Bob Backlund, the current World Wide Wrestling Federation champion, was.NCAA champ when he attended the University of Minnesota. At 62" and 245 lbs., he can bench press 550 lbs. His at-rest pulse is 45 beats per minute. During a live interview, he once caught two flies in mid-air. Size. Strength. Stamina. Quickness. That's what it takes to make a champion. (Chriss Taylor, 400 Ib. medalist at the '72 Olympics, couldn't cut it as ) a pro Why do wrestlers do it? Wrestling is a sport and an art. Wrestlers are constantly coming up with new holds such as the camel clutch, abdominal stretch, boston crab—Backlund even has one called the chicken wing. Unlike boxing, which has so many rules (most people know that fights promoted by Don King are fixed anyway), the affords wrestling combatants a great deal of freedom. Wrestling is the ultimate tough-guy sport. Many of today's boxers and rugby players started as wrestlers and couldn't take the punishment. When George ... put opponent after opponent in the patented hospital with his neck- "swinging breaker", he was eventually banned from the Federation.) Despite all the battering, most wrestlers have no desire to retire early. Many continue until the age of fifty. This fact alone demonstrates their incredible conditioning and overall athletic ability. And on Sept. 27, over ten thousand fans packed the Buffalo Aud. to see some of the best wrestling action you can find anywhere. In the opening bout, big Swede Hansen was up against the Masked Executioner. My money was on Ex, but Swede ended it after eight minutes with a beautiful sunset flip. Next up was Bradley and Tiger Chung Li, a martial arts expert. The chops and kicks could be heard throughout the arena as Bradley absorbed tremendous punishment; but he seemed to gain strength as the crowd cheered him on. It was a good match—fundamental skills v. martial arts —with Li coming out on top. Third match was a female tagteam. It was complete with body slams, drop kicks, double splits (known as "rowing the boat"), and hair pulls. It was an extremely violent mateh—at one point the Fabulous Moolah stomped four times in a row on a spot that would make the average nonwrestling fan shudder. The referee had a hard time keeping order, and he sometimes ended up on the bottom of the pile. At the risk of sounding chauvinistic, I don't feel that women should be allowed to wrestle—it is just too violent. I'll provide stamps and envelopes if you'll write your Congressman. The fourth match —Everyone knew it would a war. There would be nothing pretty about it. After meeting twice before, Superfly Snuka and the magnificent Murraco had signed for a steel cage match right here in Buffalo. This time there could be no interference, no disqualifications. Just two men in a topless metal cage. No referee. No time limit. Anything goes. The winner is the one who gets out through the gate or over the top. the Murraco, Intercontinental Champ, appeared first. When Superfly came out, the crowd went wild. His extraordinary physique and native instincts (he's from the Fiji Islands) make him a natural. But could he defeat Murraco? The Magnificent One went right after Snuka, who countered with two right hands to the head. He then sent Murraco head-first into the cage, opening up a big gash on his forehead. Blood was flowing freely as Superfly pounded away. After taking a vicious beating, Murraco pulled a neat reversal and sent Snuka into the cage. He too 76" and 445 lbs., he is the most was now bleeding. Murraco popular wrestler in the world decided to break for the today. He teamed up with victory gate, but Snuka caught Rocky Johnson (21" arms and him from behind just in time. 55" chest) and the versatile Fromthen on it was all Snuka. Tito Santana against the Kicks, chops, heavy forearm threesome of Big John Studd, smashes and crashes into the ex-marine Sargeant Slaughter cage had Murraco almost out and Iron Mike Sharpe. Studd on his feet. Snuka drove him to refused to go against Andre, so the canvas with a hard elbow Johnson and Sharpe started smash; and then from the top things off. Johnson had the rope, leapt at least ten feet in upper hand. Sharpe went to tag the air landing hard on the Studd, but he turned away. helpless Murraco. Snuka Andre knocked around Sharpe finally started to climb over like a rag doll, but somehow he the cage, but somehow let himself get triple-teamed Murraco was able to get up inthe wrong corner. He slipped and grab at him. What superb to the ground as all three pounded away. Finally conditioning and desire! Now both men were atop Santana jumped in to save the cage, battling ten feet off him. Andre got to his feet, and the ground. Snuka got the boy was he mad. He personally better of the exchange. went after all three of them. Murraco fell, but Snuka He caught Studd with a series slipped, and he too ended up of head butts. The Sargeant on the ground. The crowd was was the victim of a size twenty really behind Snuka as he shoe to the head. Santana was continued to pound away at working over Sharpe in the Murraco, whose face was corner, until Andre just sat on covered with blood so as to him. All six wrestlers were in make him almost the ring, and the referee finally unrecognizable. Snuka sent disqualified Studd's team. It him in to each wall of the cage. was two-out-of-three, and But by mistake he threw him Andre's team easily won the towards the gate, and Murraco second fall as well. fell out of the ring —making The crowd won also. All six him the winner! Snuka and the matches were full of action crowd couldn't believe it. He and violence, a thrill a minute. went after Murraco on the So forget football and hockey outside, crashing his head hard and everything else. Wrestling into the metal ring posts. is the only sport that matters; it Murraco, a semi-conscious separates the men from the mess, had retained his title. boys. The men return to the Superfly's consolation was the Aud Nov. 1, with Murraco crowd's recognition of him as taking on Backlund and a six the true victor. man tagteam featuring all The next big match featured three of the Wild Samoans. See the Eighth Wonder of the you at ring side. World —Andre, .the . Giant,. ,At. ANNOUNCEMENT RES IPSA LOQUITUR » The newly formed Parent Law Student Association has opened its doors at Room 604 O'Brian. Though we are still in the process of accepting donations of furniture and toys, we are beginnning to operate as a semi-private room where parents may take their kids between classes or arrange to have a babysitter take care of them during class. All especially parents interested persons are urged to join. Come to the office or leave a message in Mailbox #207 or 219k — The Pieper J^ew York State - Multistate Bar Review offers an integrated approach to the J^cw York Bar Exam. We emphasize sophisticated memory techniques, essay uniting skills and a concise, organized presentation of the law. You will be prepared and confident. PIEPER NEW YORK-MUOTSTATE BAR REVIEW It Speaks For Itself. ry — word PPOTO PROCESSING -lype - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when editing drafts Buffalo Reps; Janet Maclin James Walker 1517 Franklin Avenue Mineola, New York, 11501 ( 516 ) 747-43H Limited Enrollment. Early Registration Discount to Nov. 30, 1983 16 Typestyles & Symbols to Choose From Repetitive Work at Reduced Price* Xeroxing, Printing, Bulk Mailing Printed to Look like Typeset Or Typewritten Pick-Up & Delivery Available All Work Guaranteed — Call Proto-Type 883-3348 Ask For Randy � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-10-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/12/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c6b1ff0954bf020b5fb9deb9c5c9ad29.pdf b591e06f9ac082ad36497810448ed6c2 PDF Text Text Vol. 24:2 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 30,1983 Hail to the Chief Third Year Students Fare Well In National Moot Court Tourney by Wendy Cohen The Law School's moot court teams continue to do well in national competitions, the most recent success coming in early August when third year students John Curran and Len Gulino advanced into the quarterfinals and placed sixth in the National Appellate Advocacy Competition in Atlanta, Georgia. The August Competition marked the end of eight months' worth of preparation, which Len and John began in January 1983 in anticipation of photo by K. E. O'Hara Third-year student Creg Phillips was elected SBA President in this month's election. See page 3 for all election results. Oregon Law Dean To Deliver Lecture by Wendy Cohen •x Dereck Bell Dereck Bell, dean of the University of Oregon Law School and nationally known expert on race relations and the law will be the Law School's first Mitchell lecturer 6n t October 6th, in the Moot Court room at 4:00. Mr. Bell and a panel of local scholars will speak on the topic "The final hurdle: Class based road back to racial remediation." Dean Bell is the author Of the text Race Relations and American Law, and is an advocate of nonintegrationalist remedies to continued on page 4 photo by M. E. Berger the regional rounds held last Victorious third-year students John Curran and Len Culino April. Nineteen of the 130 which participated teams the regional competitions were selected for the National Comtion, argued by John. While tive outside of moot court petition hosted by Emory they did not have to write a competitions. The CompetiUniversity July 31-August 2. brief for the regional competi- tion was weighted towards To their surprise, John and tion, the partners spent long brief score, with each round Len finished lower in the brief evenings during the summer being determined 60 percent writing one for the National on brief score, 40 percent on writing portion of the Competition than they had expected, Competition. Although disap- oral argument score. Len and-John lost their first and thus had to make up pointed to place sixteenth in ground in the oral arguments. brief scores,-the team did learn round against Hastings(San This they clearly accomplishthat in the Appellate Advocacy Francisco) by less than a point, ed, with John winning the Competition, the best way to but won their second round award for Second Best Oralist, proceed in brief writing is the against the University of and both teammates receiving "shotgun" approach. California at Davis by five This " shotgun" approach, points, the widest margin of good scores 'and favorable comments from the judges in utilized by the teams which any team in the Competition. the three rounds they argued. received the highest scores at In the third and quarterfinal The Competition's problem the Competition, involves round, UB faced a team from revolved around constitutional arguing? every conceivable Gonzaga University which had law questions. Students were legal issue in a case, regardless finished sixth in the brief scorasked to assume that a na- of the strength or weakness of ing, and thus UB had to make tional products liability act, the particular argument, in the up a lot of points in order to similiar to one currently under hope that one argument will finish close. Judge Moore, a consideration by Congress, has persuade the judge. Instead of Justice of the Supreme Court been passed and its constitu- using a "shotgun" approach, of Delaware, gave John a score tionality is being tested. The ÜB's team tried to use only its of 100 and Len 99 for their problem presented a strongest arguments, a techni- argument. Commenting on the federalism question, argued by que that Len and John feel is quality of the arguments after continued on page 4 Len, and a due process quesmore realistic and more effec- Psychologist Becomes UB Faculty Member by Lisa Kandel testified as an expert witness at many trials. It was this experience with the legal system which influenced his decision to attend law school. In explaining the relationship between law and psychology, Ewing pointed to the criminal law field. This Charles Ewing has just joined the faculty of UB Law School and is currently teaching Crimes Section 1 of the first year class. The 1983 Harvard Law School graduate has a unique and interesting "heavily is background, impressive field academic credentials, .and a psychological" in that it freconsiderable amount of quently involves disputes about the mental state of the teaching experience. his accused and/or his victim, EwAfter receiving undergraduate degree from ing said. recently Ewing has Utica College in 1971, Ewing went on to graduate school at demonstrated the interrelaCornell, earning a doctorate in tionship of the two fields in an psychology in 1975. He spent article soon to be published in the following year as a postdoc the American journal of Law at Yale, writing a book entitled and Medicine. In this article, Crisis Intervention as Ewing discusses the inherent dangers of psychological Psychotherapy. predictions in capital sentencing proceedings. Law and Psychology Ewing has taught at Cornell Ewing then moved to Rochester and began to prac- University, Mansfield State tice psychology. As a specialist College, Tompkins Cortland in forensic psychology, he Community College, and Brandeis University. His teaching experience is primarily in the psychology field, although he did teach an undergraduate law course at Brandeis last year. , From Boston to Buffalo Besides ÜB's good academic reputation, Ewing decided to accept this faculty position because the Buffalo area has a substantial American Baptist population. Ewing's wife. Sharon, is an American Baptist minister; they wanted to live in a community which had career opportunities for them both. After having lived just outside of Boston for the past few years, Ewing and his wife have found, that living in suburban Williamsville is a drastic change. "It's hard to come from a big city like Boston, " Ewing explained. "There will probabjy be fewer distractions. more time to work," he con- tinued. Ewing stated that he had found the students at UB "very impressive." Having just graduated from a law school attended primarily by those "fresh-oiit-of-college," Ewing is particularly pleased by ÜB's diversity of students and their wide age range. In addition to his teaching responsibilities, Ewing still does consulting work in forensic psychology by conducting workshops for those who testify in court. He is also involved in the continuing education of mental health These professionals. workshops, which will soon be videotaped and distributed nationwide, provide general in- formation about the legal system and the role and conduct of testifying clinicians. Professor students. t- OHara Ewing teaches Crimes to ÜB's first-year law photo by K. —"!■-"- Charles In response to a question regarding his free time, Ewing replied, "What free time?" �Vol. 24, No. 2 Friday September 30,1983 Editor-in-Chief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Feature Editor: Photo Editor: Business Manager: Staff: Wendy Commentary y Boris' Banter from Buffalo by left Johnson Lisa Kandel David Cass Kathy O'Hara Rob Sant Anne Cohen, Jud Weiksnar Contributors: Ted Araujo, Brian Collins, Leah Edelstein, Jeff Johnson, Eric Turkewitz, Rob Turkewitz, Steve Wickmark Production Assistance: Bob Cozzie, Victor Siclari, Martha Beach © Copyright 1983, Opinion, NBA Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo Loss of Autonomy The divergence of classes from Main Street has increased demands on space and services provided on the Amhefst Campus. Consequently, the Law School is finding that its onceautonomous position is slowly being eroded. Perhaps this result is a necessary by-product of being part of a larger entity, but it is questionable whether the sacrifices exacted should go unchallenged. The most visible change concerns the number of bodies actually roaming O'Brian Hall. Classrooms which once were used fairly exclusively by Law School functions are now hosting undergraduate courses. Wending one's way through the first floor between classes has now become a subway-like ballet without the choreography. More seriously, undergraduate scheduling in O'Brian classrooms has not reached maximum use. This will be achieved during the Spring semester by restructuring law courses to fit 50 minute time slots, the university "norm." This change may entail rescheduling Mon-Wed courses to fit a Mon-Wed-Fri format. The question then is, what happens to people who work on Fridays? One might reply that even law students are in school to take classes, but much practical education is derived from legal jobs. The effect that this revised scheduling may have on clinics raises another headache. Clinics are short-changed with the present schedule. With many students undoubtedly vying to fill in their Tuesdays and Thursdays with classes so as to leave some days free for work, clinics barely stand a chance in procuring an adequate time slot. Continuing with the room problem, requiring space for organizational meetings are now confronted with the problem of reserving a classroom through one of the secretaries on the third floor, who must refer to the master list. Space is no longer easily attained. The demand for the first floor lounge has already shown itself to be a problem that, in all likelihood, will continue to worsen. And lest we forget, there is always the Library. In fear of raising the hue and cry of "undergraduates in the Library-" -yet again, it should be pointed out that Lockwood Llbtary does not provide the same access to its carrels that the Law Library affords to anyone. The polite notices posted on the Law Library carrels are clearly not a deterrent to anyone. Solutions to the problems have been suggested and dismissed in the past; they inevitably will be bandied about once again when increased numbers of non-law students find the atmosphere they seek in the Law Library. These complaints are not voiced in an attempt to minimize the difficulties facing the university community, but rather to express dissatisfaction with the course of things to come. The Law School once operated wholly apart from U.B. in its downtown location. Now, its resources are utilized with increasing frequency by the university at large. Given this retreat from autonomy and resource monopoly, it is fair that law students should be required to pay a $650 tuition increase while undergraduates only pay $300 more? After all, the Dental School managed to acquire an entire building once devoted exclusively to student activities; as a professional school, it would be nice if the Law School could merely maintain access to facilities at levels it has enjoyed in the past. Lastly, the merger of the Law School's singular identity into that of the university will be demonstrated at this year's commencement ceremonies. The once personalized celebration is being undermined in the name of fiscal conservation. This year's class will share an unearned degree of anonymity with the Dental and Medital Schools. To allegedly avoid complete depersonalization, a ludicrous scheme was devised whereby commencement will occur on two days rather than one. Saturday will host a "naming" ceremony for the Law School alone, while Sunday will see the conferral of degrees on all three schools. Your families will be delighted. One wonders how far "the powers that be" will go to homogenize the university. Their actions inevitably raise suspic)6hs regarding the administration's ability to set priorities where (aw students are concerned. Opinion 2 September 30,1983 -, Well, after two years of ignorant bliss, can no longer ignore social events at this fine institution. Despite Little Miss V's constant nagging, I have managed to avoid the gossip a week of reflection, is where the hell are we going to trade Bif? We've been talking a year now, but no one seems willing to pick up his contract (he had a good first year and weasled his way into an inflated contract) not even Syracuse. Can we get out of the contract? What are our options and what is our best course of action? You are an associate with a large, New York firm that pays you over onethousand dollars a week to smoke pot and take long "last" as it is more indicative of my future prospects) and my sage advice can no longer be denied those who need it least. The problem seemed simple, but close examination proved it to be tirelessly complex: I'm Boris and Bif is Bif and Cordy is Cordy —no question; but Nick Shminsky thinks "Nick" is boring, and since Mikey pouts over Momma Roriek, Barney will have to do; but what about John? As usual, John's problem is in committee right now, so the committee is taking suggestions care of this paper. answer to the I question: "John, what is your name?" will win some really intense stuff. Ideas for Nick and Barney will be welcome as fairfy well. I didn't even know well, but we will probably get. my roommate wasn't seeing it straightened out soon, so I don't worry. The big problem, my best friend anymore found out at the Awards dinner which I will leave you with for just after I made a joke about his fidelity (ie; to her) in a speech (ie; foot in mouth syndrome). Of course, that speech ended abruptly, but still managed to be longer than by Ted Araujo the Dean's famous 1982 Moot Court Dinner "Justice Congratulations to the seDesmond's a good guy; let's cond and third year students eat" speech. As I was saying, who have returned to pursue my ignorance can no longer their educations. Welcome to excuse lack of those of you who are just my participation in affairs here. beginning your association I'm a Last year now (I prefer with the Buffalo Model. (Congratulations are offered because it is difficult to return after a summer's freedom!) Every one of us has opinions. Unfortunately most of by Brian Collins these opinions seem to center around emotional criteria for Graduating seniors will be justification. The last edition happy to know that the Law of THE OPINION showed just School will once again have its how self-centered and biased Winning ... lunches with the younger partners. A senior partner has asked you to drafta memo on this issue. Write on every other line and keep it less than five blue books. Hand it in_to the "committee" c/o The Opinion no more than one week after you read this column. Good luck. A Beginner's Guide To the Buffalo Model Graduation: News Update own graduation ceremony, separate from the other schools at ÜB. Under a plan laid out by President Sample this summer, the Law School would have graduated with all other graduate and professional schools on Sunday, May 20, 1984. This plan was instantly opposed by Commencement people can be when they attempt to use a public forum to express their feelings about any given issue. For those of us who were present I am referring to the "debate" surroun- theories were never experienced or critically analyzed. The outcome of this theory of legal education is (to quote a first year professor) to escape the archaic theories of precedent and common law and end up with "Good men making nice decisions," or was it nice men making .good decisions? There also exists the assumption that we all attended this university because we all believe in the "Buffalo Model" as an enlightened way to learn justice. (Not a bad assessment by someone who never went to law school.) Finally, the two most important elements of the Model. One, that Peter Gabel's article on "Reificaton" is the authoritative text on all that is, was, and ever will be, and secondly, that all who would retain the present economic system of capitalism and property rights are evil or naive, or both. Now, I think that this is a fairly objective analysis of what the creators of the Buffalo Model think it to be. I challenge one of the authoritative members of the faculty to submit a better, more accurate description of the "Buffalo Model." I happen to believe that doing away with the traditions of the legal system will render the system ineffective and less responsive to individuals. (Then again, I believe that one can determine what the "national good" is; but do we really have anything in common? Not according to the "Buffalo ding the theory which guides 'our formative years in Law school. To those of you who are either first year students or transfers I shall attempt at Committee Co-chairpersons least a superficial analysis of frjn PeradottQ and Mary Idzwhat the "Buffalo Model" conzior. sists of. After discussions with Let me warn you that much University officials, in which to the dismay of the first year Peradotto and Idzior cited the professors, or at least some of' Law School tradition of a them, I believe that we as a separate ceremony and the society must operate underthe lack of identity with the other assumption that both analysis graduate and professional and decision can take place in schools, the University of- a more or less objective ficials recognized the need for fashion. (However, it is adthe Law School to have its own visable to regurgitate whatever ceremony. The result is that the Professor throws at you. although the Law School will Most are fairly inflexible.) I still be included in the gradua- personally think that the tion ceremonies on Sunday, Model is an aberration of legal May 20, 1984, it will hold its teaching that should not be own ceremony on, Saturday, tolerated, but who am I? May 19, in the Alumni Arena. "Buffalo Model" is the term Model.") This ceremony, which is being used to describe the amorBasically the Model is a called a "convocation", will phous philosophy guiding the representation of a very feature .the key note speaker first year curriculum. The limited political philosophy. and the individual naming of "Model" seems to be glued Rumor has it that Professor A. the graduates. It will be iden- together by an assumption that Katz is the originator. I've tical in alf respects to previous by exposing the inadequacies never met the man, (although Law School "graduations", ex- of conventional legal analysis he once told my roommate cept that the official conferr- the system, if it still exists, will that did not know what the I ing of degrees a one minute become more responsive to word order meant, and further ceremony conducted by a the individual. went on "to request, through University representative will While under the tutelage of my froommate, that I not ask take place on the Sunday this model, it is important to questions in class), but I hear ceremony. According ' to' remember that it is assumed that he is of the finest Peradotto, "The biggest that students aged and were character. Perhaps he will change from last year's educated in a vacuum where enlighten the students as to the ceremony will be in the use of power relationships, inetrue meaning of the "Buffalo the word "convocation" in- qualities, political Model". continued on page 3 philosophies and economic I thank you for your time. ' - - . �American Bar Association Recruits Members by Rob Turkewitz Membership in the ABA-LSD not only gives students the opportunity to get involved in the legal profession, but also gives students exposure to many different areas of law which helps students in their legal education and in making career decisions. The ABA-LSD's slogan for 1983 is "Learn tomorrow's skills today." There is much that can be said for this year's slogan. As a third year student I've not only received two years of education at a first rate law school (I am not a transfer student!), but I've also had the opportunity to work in the legal job market. It becomes apparent once you've gained legal experience that your education does not end once you've left the ivory tower and passed the Bar exam, but that your education only really begins. In law school We learn theory; how the law should be and the direction it's heading. After law school you learn how the law actually operates and how things really are. It's no secret; however, it's better realized now than later. By joining the ABA-LSD you have the opportunity to gain much practical knowledge from experienced practitioners. You can learn about the different areas of law and the important changes that are taking place. Finally, you can get involved and voice your interest and concern about the legal profession in our society. The LSD is now the largest professional student organization in the nation, comprising over 43,000 law students. It is also the second largest division in the ABA (Young Lawyers Division is the largest) and is well represented within the ABA with two votes. The ABA votes on important resolutions that affect us, as law students, and the whole legal profession. Eor example, this past summer at the ABA annual meeting in Atlanta, the ABA voted to adopt the Model Rules of Professional Conduct. The ABA is traditionally a conservative organization. Students traditionally represent new ideas and changes in , society. The LSD represents the student viewpoint in the ABA. Because we are the future ofthe ABA and the legal profession as a whole, our views are taken seriously. However, in order to express out views we must get involved, and in order to get involved we must become members. There are 29 sections within the ABA,, each devoted to a particular area of substantive law or of legal concern. Examples of sections are: Administrative Law, Criminal Justice, Family Law, Economics of Law Practice, General Practice, Labor Law, Litigation, Natural. Resource Law, and others. There are also Forum Committees, for example Sports and Entertainment Law, and Standing Committees such as Environmental Law. LSD members may join any of the 29 Sections and Forum Committees at considerably reduced membership rates. Membership also includes subscription to the Section's newsletters and magazine. The LSD appoints student liaisons to nearly all of the Sections. These liaisons communicate Section activities to the LSD and help initiate programs that will increase student participation further, those who join may become directly involved in a Section or Forum, by communicating directly with the chairperson of the section. This week you will find an item stuffed in your school mailboxes. Caution: Don't send it on a barge toLackawanna! It is probably the most important item you will find in your mailbox the ABA-LSD Brochure and Application. To encourage your membership and support, consider seriously some of the tangible benefits described in the Brochure. Benefits like: Student Lawyer 9 months of the award winning publication of the Law Student Division. a twelve ABA Journal month subscription to the most widely read publication in the legal profession. - - - .. continued from page 2 . stead of "graduation" to describe the ceremony." In other Commencement News Students should be warned that they will soon be the target of a media blitz extolling the benefits of possessing the all new 1983-84 Buffalo Law School Entertainment Welcome From New Advisor by Steve Wickmark The "New foe Ruh" students,and anyone else who might care, that Joe Ruh did not dye his hair or gain any A friend of mine overheard significant amount of weight the following conversation over the past summer. What which took place between two Joe did do was graduate. He is law students receiving their at this very minute diligently daily dose of caffeine on the pursuing his legal career as a clerk in the U.S. Magistrate's Baldy Bridge. "Hey, have you heard what office and while he has not happened to Joe Ruh?" gotten fat he is certainly on his "You 'mean the guy in way to becoming a fat cat. ■ financial aid?" This note is also to introduce "Yeah, that's the guy. He's myself to those if you whom I dyed his hair and I'll bet he have not yet had the gained at least fifty pounds opportunity to meet in person. over the summer". In most cases having not met Well this note is merely to me yet is to your advantage, inform these two concerned since it seerhs that most of the ment establishments, and com- Faculty Student Relations Board: Rich Gottlieb Jill Paperno Chris Fink . Keith Martin (Alternate) First Year Directors: Craig Atlas Lori Cohen Roy Mura Jason Reid Heidi Siegfried Tony Torres . Second Year Directors: . people I have spoken to during the last mongh have had financial problems of one level of severity or another. My name is Steve mencement activities. Since Wickmark. I am the new the Commencement CommitFinancial Aid Advisor for the tee receives no SBA funds, the Law School student body. No I sale of the card is the primary did hot dye my hair over the means by which the Commit- summer either, but I did gain tee sponsors its various parties some weight which I have and functions throughout the resolved to lose as soon as I year. So do yourself and the Waves Commencement Committee a New favor and buy a Card, FARtYI! Election Results: President:- Greg Phillips Vice-President: Judy Olin Treasurer: Rob Sant Secretary: Leah Edelstein good semester! Financial Aid Update Commencement Update. : . Card.. Students should expect to, be molested in the traditional area, in front of the library, where the card will be on sale. Volunteers will be needed to man the table there. Interested persons should contact Tracey Kassman. The Card, which will retail for $10, will entitle the holder to discounts at theatres, entertain Membership following. Potential employers Section -substantive law sections at like to see that you ate involvprices reduced as low as 75% ed and committed to the legal of the regular ABA rate. profession. Membership in the Major Medical Insurance LSD and in any ABA Sections -now you and your family can will help convince them of participate in this popular plan your dedication if they see it with low-cost coverage during printed on your resume. If you law school and while waiting don't join for yourself, then do for admission to the Bar. it for your resume. One more Free ABA Membership thing; the law school as a -upon graduation and admis- whole, and each law school sion to the Bar within one year, organization may be eligible you will receive your first year for ABA funding if 35% of the of membership in the ABA school and/or its organizations free! are members.- The ABA-LSD Preliminary' Multistate Bar will provide matching funds of Review Course - 30% discount up to $750 per event. If you on the upcoming PMBR don't join for your resumes, Multistate Seminars. then do it for your school 22% Hertz Discount-simply and/or organization. present your LSD membership If you have any questions or card at any Hertz .office and would like to just toss a few you'll receive a special 22% ideas around please don't discount on the unlimited hesitate to drop me a line in mileage rates. Box #265. My name is Rob Before you run to your Turkewitz and I'm your ABAmailboxes, consider also the LSD Representative. Have a Sarah Ayer Vie D'Angelo Rich Gottlieb Gary Kaminsky Sue Kozinn Eric Turkewitz Third Year Directors: Tom Bantle Anne Carberry Tracey Kassman Kathy O'Hara J'» Paperno Larry Regan graduate from Law School. My job includes working for and with law students, sometimes as an advisor, sometimes as an advocate to insure that each student •receives the financial aid to which he or she is entitled. A large part of this job is spent just trying to keep students informed of issues and problems concerning financial aid. In light of this, it is my intention to make announcements in this column as the need arises throughout the school year. This week's most pressing question is SUSTA. As of this writing there has been NO OFFICIAL WORD ON SUSTA. Therefore if you go to the office of Student Accounts they will not give you credit for SUSTA even though you have received a maximum TAP award notice. This is especially important to those of you who are holding your Guaranteed Student Loan checks because continued on page 4 Changes: Labor Day 1983 Space Aud-ity by |ud Weiksnar The year was 1976. A college freshman, major undecided, went to a rock concert at the Aud, hoping to hear the song they were playing on the radio. Tickets cost $6.50. The freshman came out amused by the performer's following, but more importantly, impressed by his music. It was the best concert he'd ever seen, and it would change his musical tastes forever. The year is 1983. A law student, career choice undecided, goes to a Labor Day concert at . the Aud, anxious to hear anything by the performer. Tickets cost $18.25. He comes out satisfied. It's the best concert he's seen since 1976. In case you haven't guessed, the performer in question is David Bowie. When I saw Bowie in 1976,1 basically went hear him sing "Fame." At the time, he had just released the "Station to Station" album and was trying to downplay the Ziggy Stardust image. The people who came back then in green hair were surprised to to see Bowie come out in a tux, with a no-frills stage and no special effects. Now it's 1983, and Bowie is again riding the popularity of two top-40 hits —"Let's Dance" and "China Girl." There have been some changes, though. Despite the pop sound of his latest album, Bowie has proven himself over time as a true artist. He's performed on Broadway and with the London Symphony Orchestra, not to mention having appeared in several films. Right after his 76 tour, Bowie headed to Berlin where he worked with Brian Eno, breaking' inthe New Wave w"ith his overlooked "Low," September 30, 1983 continued on page 4 Opinion 3 �Attempts to Humanize Cleo Students' 'UB Experience' by Wendy Cohen "I walked in with my suit, hat, and white gloves, and was hired/right away," said Cleo Jubalis, recalling the day 24 years ago when she began her long association with the Law School. I After being hired on the ' Oregon Law Dean To Deliver Lecture continued from page 7 discrimination. Prior to accepting the position of dean at the Oregon Law School, Mr. Bell taught a course on race relations at Harvard Law School. His departure precipitated a controversy when Harvard assigned Alan Creenberg to teach the race relations course. Minority students at Harvard felt that Greenberg's assignment was an insult, both Also participating in the panel discussion on October 6th will be UB Law professor Alan Freeman, Buffalo State Sociology professor Sidney Willhelm, author of Black in a White America, and Buffalo State History professor Monroe Fordham, editor of Afro-Americans in New York Life and History. Professor Fordham is also director of the local Afro-American Historical because of the scarcity of Association's community minority professors at the history microfilming project, university, and because which preserves historical Greenberg's involvement with records and personal papers of the NAACP. Mr. Bell, in a Yale organizations and individuals Law Review article entitled who have been significant in "Serving Two Masters," has the history of Afro-Americans. Dean Bell will be visiting the suggested that national civil rights organizations sometimes Law School on Thursday, Octry to dictate integration to tober 6th, and will be sitting in Black parents, whose major on classes on Friday, the 7th. concern is not integration, but Dean Bell is eager to meet with the quality of education minority and other student groups. received by their children. spot, Cleo became secretary to the Faculty of Law and Jurisprudence, a faculty that in 1959 was comprised of only five members. Now secretary to Dean Headrick, Cleo has worked for five different deans since the early sixties. "I can remember a graduating class of about forty," reminisced Cleo, explaining that in her first years at the Law School she also worked in the admissions office, because the school was so small. Working in the admissions office allowed Cleo to meet students and to get to know them on a first name basis, a practice she continues as the Dean's secretary. "I think it's important to call people by their first names," remarked Cleo, whose talent for remembering the names of people she has only met once is well known. While Cleo enjoyed working downtown, she's gotten "used to this place," despite the isolation faced when the Law School was the only building on the Amherst Campus. There wasn't even a cafeteria on campus- the first year the school moved to Amherst, and everyone had to go to the malls for lunch, but Cleo pointed out "we did have a lot the cutting edge of the rock world. Bowie opened his current concert with selections from at those three Berlin-era albums. From there, he moved on to his more popular work. However, the concert was more than just a live version of David Bowie's Greatest Hits. Sopgs such as "Stay," "Cracked Actor," and "Star" gave the audience a concluded. Cleo's warmth and cheerfulness make her a good person in the Law School to know. Lirida Nenni, a recent graduate of UB Law who worked on the alumni relations staff, commented "The first thing I think of when I think of Cleo is that she's one of the top people both personally and professionally to know and work with. She's super." Students also find Cleo a good of parking space." Reflecting on the increased person to come to to size of the Law School, Cleo straighten out Law School admitted she is busier problems "I've asked Cleo for nowadays, but added she has help on several occasions and enjoyed meeting all the new she's always gotten quick professors who have joined tfie results and has been cheerful faculty over the years. Cleo and friendly about helping also helps faculty members out," noted third-year student with committee work in Barb Barton. Commented Dean Headrick: addition to working for the Dean. "I wouldn't be Dean unless Cleo and her husband, an Cleo was my secretary." enjoy architect, music, particularly jazz concerts, and New Waves "Lodger" "Heroes," and albums. While none of those l.p.'s was a commercial success (Bowie himself called "Low" ill-fated), they kept him dancing. "I really do like this job, and enjoy working here and meeting different people. People are wonderful," Cleo • continued from page J • • chance to recover from the tangible feeling of exhiliration that grabbed them during "Rebel Rebel," "Jean Genie," and other classics. The girl next to me almost fainted when Bowie picked up the acoustic guitar to lead into "Space Oddity," with the audience, singing along. If anyone denies having had Financial Aid from page 3 continued for the time being if you take your check to Student Accounts they will subtract from it your full tuition bill minus the TAP amount and you will have to wait for a refund once the official SUSTA allocation has been made. One additional piece of information: anyone who had his/her Guaranteed Student chills up and down their spine Loan application delayed by that point, either they're during the summer because of lying or they were passed out. the draft compliance snafu Actually, the crowd was and who have not received extremely well behaved. their checks by the 13th of Teenagers abounded, but they October, should stop by my weren't vomiting in the halls or office, Room 314, and check throwing things at the stage. on getting a waiver of your late No, everyone seemed caught fees-on your tuition bill. Finally, any student who up in the spell of rock's most charismatic performer and his attended undergraduate extremely talented .band. I school under a EOP, HEOP, or can't help thinking that some SEEK program should, if you John is considering par- freshman who went to hear have not already done so, see ticipating in another competi- "Let's Dance" will have his or Mr. Wallin immediately tion this semester. Len may try regarding a passible tuition one again in the spring, her musical tastes changed waiver. by whatever Mr. Bowie forever although he says it will feel up his sleeve for us next. funny to argue with anyone has else but John, who was also his partner in last year's Desmond Competition here at ÜB. We are pleased.to announce Geralyn A. Schiffler The overall winner in the Ap- that the following students Susan Schultz pellate Advocacy Competition have been invited to become Edward L. Smith was Southern Texas College of associate members of the Elaine A. Smith Buffalo Law Review: Law. Kevin A. Szanyi Kenneth W. Africano Amalia M. Wagner Charles Alexander Adam L. Wekstein James Arnone Third Year Students Fare Weil In National Moot Court Tourney continued from page I petitions this upcoming they had finished. Judge semester. Third year students Moore said that John was one Tim Prosperi and Al Bozer will of the best advocates that he represent UB at the Benton Nahas seen in his twenty years on tional Moot Court Competition the bench. on information~. law and Reflecting on the final privacy, at the1 John Marshall round, John explains that he Law School in Chicago, in late did well because he felt relax- October of this year. ed. "After the other team had Although they found preparfinished, I knew they would ing for national moot court a win, because they had been competition twice as much a good, higher and had very work as preparing for a class, brief score. I just relaxed and enjoyed the argument." Both partners commented on the high quality of the judging at the Competition, Len noting that the judges at the Atlanta finals were much more familiar with the details of the problem than the judges at the regional Associates Named . POSITION level had been. The tone of the Competition was serious, but according to Len it was not "cutthroat." Both John and Len were disappointed that the Competition's sponsors had not organized any social eyents prior to the arguments, making it hard to meet the other teams. Despite the midsummer timing of the event, John remarked that the weather in Georgia was nice, and that Emory University has a beautiful campus. Various members of the Law School's Moot Court j Board will' be participating in "com- ' ■ * Opinion 4 AVAILABLE Business Manager of The Opinion Solicit advertising and manage the finances of a major SBA organization! All Law Students Eligible to Run ELECTION AT 3:30 MONDAY, OCTOBER 3rd IN Tfffc OPINION QFIFICE Room 724 September 30, 1983 - Mitchell Banas George Bellows ICKnO IFjjjyUS Peter K. Bradley Arthur J. Bronson Does it Better, Terrence Brown-Steiner Elena Cacavas Paula Ciprich Kevin J. Fay Faster for Less! Typo3tt a Printed Timothy Feagans John Garas Paul Harursch Janet Heck Btwn et Writing SampksCophd John T. Kolaga Bruce Leiber William J. Maffucci Steve Markbreiter Patrick E. Martin Virginia McEldowney Paul McCrath Stuart Mermelstein * Kenneth Moskowitz Mark Mulholland James C. Riley Riichard Schaus ''• ALSO: •• Poatara Flyer* •• Brochures Ticket* Bin. Cards •• Lattertissoa Envelope* • 1676N.F.8M. 3171 MainSt Amhwat miniviM •» 834-7048 Buffalo www* 835-0100 �Attention all students! Enroll in BAR/BRI Bar Review course by Thursday, October 13, 1983 \ -■ ■ and save $100 off the regular course price. All you need is $50 to freeze the price of this special offer, and the balance need not be paid until you take the bar exam! * BAR/BRI Enrollees! The next MPRE exam will be offered November 18, 1983. Testing service applications are due by October 21, 1983. BAR/BRI will offer a free course for this exam. Simply put down $75 towards your balance, and we'll take it from there! • - , - ;•' \* .. ■ ■ ■. See table for more info. ii September 30,19*3 Opinion 5 �I■■■.■■''■ ' v ' ■ '_ ■ ■ ■ When you're faced with the decision of where to practice law, Whether you're making definite plans, or keeping your options open, BAR/BRI has you covered! BAR/BRI offers the widest selection of course sites and allows students to freely switch locations. If a student signs up for New York, does not mark his or her books and elects to take another State bar instead all monies paid will be transfered to the BAR/BRI course in that state. -, ; . . ■■... BAR/BRI offers a special "Take 2 Bar Exams" TM program. This program allows students to be admitted to the New York Bar and another Multistate Bar. For more info, see our table. Opinion 6 September 30,19*3 �Designated Hitter EliminatesBaseball Strategy by Eric Turkewitz In the American League (AL) today there exists a perversion of the game of baseball. It's railed the designated hitter rule (DH). From 1869 through 1972, baseball has grown to be the most popular sport in America and remains that way today. Despite this, some low people in high places, who have no knowledge of baseball, thought they could improve it. The DH rule change removed the pitcher from the lineup and denied him his time at bat for a permanent hitter who, in turn, did not play the field. This theoretically pulled the weakest batter in the lineup out and permitted an extra powerful hitter in. Thus, the game would have more hitting, more runs, and, of course, more excitement. Right? Of course not! The Lords of Baseball assume we are idiots. They mistakenly think we come to the parJ< to see a power game. If I wanted a power game, I'd change the game to football. (If I wanted a speed game, I'd watch hockey.) What I go to the ballpark to see is a game of strategy and finesse. Baseball combines strategic moves with power, speed and agility. Like many fans, I do not have power or speed or the slightest hint of agility. (I look pretty silly as the pivot man in a double play.) Therefore, I am not on the field but in the stands with the rest of America; save 650 lucky men in boys' clothes. The part of the game we can do is manage, or at least partake of a reasonable facsimile thereof. What the DH rule has effectively done is remove the biggest decision an AL manager must make: when to pinch hit for the pitcher in a close game. (Just ask Bob Lemon and Tommy John) The AL's brand of pseudo-baseball relieves the manager of making this decision. The rrt*nage.r must only wait until his pitcher tires and then bring in the reliever. (Unless you happen to be Billy Martin and want to bring out your starting rotation.) The manager never must decide TST the value of pulling his ace in the seventh or eighth inning to get across the tying run. It is true that pitchers for the most part don't measure up to Babe Ruth. It is also true that when he is on deck or in the batter's box, both managers are trying to capitalize and exploit the situation. Should the number eight hitter be intentionally walked? Should the pitcher sacrifice? Should he try to hit it past the drawn in first and third basemen? Should he only hit if the defense puts on a revolving infield? And, most importantly, should he be pinch hit for? Ah, AL, you can juit sit on your hands and forget about it. When that pitcher finally is removed in the National (NL), the League knowledgeable fan will now look for the double switch. It means simultaneously pulling the pitcher and one other player, and inserting new ones in the opposite order. It usually happens when the pitcher is due up the next inning but the manager must relieve him before he bats. It then happens that more pitchers get in the game, and more fielders. At least it happens in the NL. Manipulation of an entire cannot be underestimated. Aside from pitching and hitting dilemmas, the last big decision is also eliminated nowadays in baseball. The bench. It can best be summed roster in one up name: Dave Kingman. That's right, sports fans, Dave Kingman. Do you play him or trade him? Last year held down the fort at first base for the New York Mets, or at least tried to. He led the League in home runs and had 99 RBl's He could hit the ball farther than any player alive. You could then look the other way at the .235 average and too many strikeouts. He also had one other thing: bricks on the end of his arms. He is truly a pathetic,fielder. If you asked 100 Mets fans (no jokes, please; there are 100 Mets fans around), how they felt, 50 would say "play him," 44 would say "bench him," and 1 would say "trade him for a fan. It isn't watching baseballs is missing an important fly out of the park, for that will strategic dimension in its you take; the argument is a happen in either league; it's begames. classic one. All stick and no ing an armchair general. SeIt's good to know that 'glove, what do you do? In the cond guessing the manager baseball is alive and well in the American League the question and anticipating his next move NL. Now if only the AL would is moot; make him the DH. No is the best part of a NL game. wake up and end their little exdecision and, therefore, no se- Sitting on your hands is the periment, the full glory of the cond guessing the manager. best part of an AL game. Both National Pasttime could be What the DH has done is leagues will still have slugfests restored. destroy the best part of being a and pitching duels, but the AL Atleson Publishes Labor Opus In a brave venture into the solemn halls of justice, a law professor at the State University at Buffalo has taken the nation's courts to task for what he views as labor law decisions unfair to the working exists." The basic theme of the book is that assumptions and values about the economic system and corollary assumptions about the rights and obligations of employees underlie many' labor' law class. decisions. "One of the basic James B. Atleson, who assumptions which seems to teaches labor law at ÜB, underlie decision-making," he explores the issue in his new asserts, "is that continuity of book, Values and Assumptions production must be in American Labor Law, maintained." Another assumption implicit published by the University of Massachusetts Press. The in labor law decisions, Atleson book, a Lawyer's Literary Club notes, ( is that "employees, selection, is described by unless controlled, will act Atleson as "admittedly a irresponsibly, leading to dangerous mission into 'anarchy.' Thus, the strong uncharted terrain by a perhaps interest continued in too unsophisticated pilot." production limits the extent to "Nevertheless," Atleson writes, which employees may act to "such an endeavor is protect their health and important because it would safety." tend to broaden the scope of An analysis of American analysis to include basic issues labor law, Atleson further currently being ignored, help observes, "would have to set an agenda for empirical recognize the presence of study, and perhaps lead to a status assumptions." Judicial more realistic understanding decisions, he maintains, "assume that employees are a of the area." Atleson looks behind stated relatively minor part" of the legal rules and doctrines in the so-called labor-management field of labor law to show that partnership. "These status or "a set of underlying values class assumptions are derived ' from classical master-servant law," he says, "in which the servant's deference or respect need not be earned but, rather, was implicit the in employment relationship." "important Another assumption" in court rulings, according to Atleson, is that "the workplace is the property of the employer, and (therefore) speech and other interests of employees must compete with shadowy notions about employer ownership." Atleson points out that the problem of implicit assumptions "is not a new one" and that similar undercurrents existed in the common law long before statutory enactment of the National Labor Relations Board (NLRB) "tends to be more responsive to the goals, or intents, of the law than the courts." In many cases, Atleson commented in an interview, "-judges pretend that their decisions are based on reason and statutory law rather than economic values." "I'd like them to more honest," he added, "but I don't expect it." Kong WORD PROCESSING TYPING RES IPSA LOQUITUR MultistaU Bar integrated approach the ft[ew Tta Pieper /Vfeu; York State - |-TOT"O set of batting gloves." It doesn't matter which side Review Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. offers an to York Bar Exam. We emphasize sojhistkatei memory techniques, essay u/ritiwg skills and a concise, organized presentation of the law. You will k prepared and confident. PEEPER NEW YORK-MULnSTAIE BAR REVIEW It Speaks For Itself. Complete Editing Capability No need for retyping when editing drafts 16Typesiylc* Choose From * Repetitive Work-at Reduced Price* Xeroxing, Printing, Bulk Mailing Symbols to Printed to Look like Typetet Or Typewritten . Pick-Up All Work Guaranteed - * - Delivery Available 883-3348 Call Proto-Type Ask For Randy , Buffalo Reps: Janet Maclin James Walker 1517 Franklin Avenue Mineola, New York, 11501 (51$) 747-4311 limited Enrollment. Early Registration Discount to Nov. 30, 1983 September 30,1983 Opinion " 7 �; TWhile HAN THER 'S others, fau PREIfTON presu htroauvbele answerig some some special Each ration. think that some s t u d e n ther sophitcaed lecturs BRC w i d e can have multipe have have strenghs indv ual LOT o f e r s imped special rembing problems disparty aproches more tesing you c h o i e most p r o g a m time with squestion, writng elf-dicpn subtanive weakns. efctiv finest tail, or dnd we and lines diton with a/id to a OUTLINES, MORE fl is ENROL NOW AND SAVE! MYORK. arino-jseph DlVDO/^ NEW NY BROADWY, 71 17th 10 F6LO R les and tailor progams devloping to # •• # In ad bY MJOSEPH N ARINO DETAILD course optins ranwgiede a the L E C T V I R E S "come-andgti cumlative ANDEF CTIVE comprehnsiv law al. bar Some exam prepa avilbe, bar BRC makes The has gone each CAMSNHIP ISUEPROBLEM ONTIUS Personal CLINCS GRAPHS EVALUTION REGIMN reviwng tradionl varibles s t u d e n INTEGRAO the and the to the bar travel tedseab-l some than ares, esays preation. • EX and in fu'l all bar the and well strtuudleynt TO out- preation aplicnts bar PRACTIE w h i l e wil e f c t b e y o n d a p r o a c h t h a t t h e i r STUDY alow barto the uniqe. thes wiotherls wfuorlk to of of n*e d our special That is why not twork ime at during EXAMS. -MR � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-09-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/30/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/17f926dae65175ecc4ea4daaa7a1330a.pdf 198438d2d4fa171204f4b96995c924e7 PDF Text Text OPINION THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Vol. 24.1 The Orientation Committee Greets First Year Students The Orientation Committee would like to take this opportunity to welcome you to U.B. Law School. The Committee is composed of second-year students and we vividly remember our first days here one year ago this week) Visions of One L and The Paper Chase danced through our heads as we were taken on the school tour, given helpful hints, loaded with literature and advice, reassured by second and third-year students, intimidated by faculty and given our first assignments. We have already had numerous questions from incoming students on how to handle one's first year. Answers will, of course, be as varied as the students providing them. But if there is one thing that we have all come to know it is that you have to do what is right for yourself. Some of you will find yourselves giving up your apartments and setting up housekeeping in the library. Some of you may find yourselves giving up the library and setting up housekeeping in bars. Maybe the best advice is not to be too concerned with what others are doing. Now for some unsolicited advice: Faculty here are very approachable, as are other law students. There is nothing law students like more than to talk to other law students about being law students. Take advantage of it. Some of the information may even be useful. Also, try not to let law school completely dominate your life. Buffalo offers a wide selection of movies, speakers, and art. It is also the home of chicken wings and beef on week. The students sitting next to you may turn out to be the best part of the next three years. We who did not discover our classmates or Buffalo culture until second semester have regretted those losses. That regret is just a small indication that friends and good times can be compatible, if not essential, to law school life. So take a look around you today. Think about where you'll be in one year and in three. Try and remember your first impressions. We guarantee that they will someday be a source of tremendous laughter. In any event, ha^ve a wonderful year. Law Grading System Explained, Criticized by Sarah Ayer The grading system at the of Buffalo Law school may be somewhat different from that which you are accustomed to. There are four basic grades: H-Honors, Q-Qualified, D-Credit, and F-Failure.- While some professors give further designations such as Q+ or Q-, on/y for administrative (money) the H, Q, D or F will show up reasons, all LMP students were on your transcript. The changes in the marking enrolled in one section. were implemented system Because many in the program turn out to be people of color, through the combined efforts some students (non-LMP and of the students, faculty and adLMP) claimed that the program ministration in the early 19705. years since the law was segregationist. After much In the ten the students discussion, debate and school switched, have faculty consistently and negotiation among interested reaffirmed their commitment students, faculty and adto this system. ministration, LMP students are The Law School grading now enrolled in two sections. premised on the noThe' twelve-year evolution and system is tion should be for that classes thus the pro's and con's of this that a numerical and learning is one dispersal of the subjects always reflect of the Special Topics session at grade may not the true extent of the student's Orientation. All interested perknowledge. The H/Q method sons are encouraged to attend and its so that later in the semster has its supporters sides seem to detractors. Both when you have lived the issues, think that be a might there comment is compromise your the somewhere in knowledgeable and your admiddle. vice well-founded. The supporters contend that Finally, for your information, the members of the Special Program Committee for the 1982-83 academic year were Professors Freeman, Olsen, Spiegelman and Swartz; students Michael Colon, Scan Courtney, Rita Hubbard and Manny Sanchez; and ad minstrator Garcia. This year, I will be serving with Professors Olsen, Carr, Freeman and Meidinger. Students who are up for this work should interview with the SBA after preparing their cases for why they should be chosen because many are interested. As long as you have read this far I will take the opportunity to congratulate you on your choice of school. You will find that the LMP is only one aspect of much that is unique about UB Law. The staff, the faculty and the various administrative animals will work with you in the next three years. Work with us and each other. University Legal Methods Discussed by Vivian Garcia At the behest of interested upperclass persons, I write to inform you of the Legal Methods Program (LMP). Your colleagues are concerned with the lack of information on the program to those not directly involved in it. Last fall I wrote an article similar to this one in the interest of information maximization. Last spring still found folks claiming administrative ineptness, or worse, administrative "coverupdr because "nobody ever told the students what the LMP was about." I am convinc- students also meet with teaching assistants who attend their classes and attempt to help the students with any questions they may have about the courses. First year faculty work with the TA's in structuring extra assignments and practice exams for the LM participants. All this occurs because of the school's commitment to recognizing the existence of applicants who have succeeded in undergraduate school or in other endeavors, many despite educational and economic disadvantages. What most of the students selected do not have is an ed that the timing of this infor- LSAT score in line with our mation is the culprit in that the general admissions standards. incoming student is beseiged Based on the fact that quanby new information. Orienta- titative measurements of suction cuts both ways in that cess in law school are not inregard, i.e., it orients so much fallibly reliable predictors, the that disorientation is in- Special Program Committee evitable. Insofar as we not only strictly scrutinizes applicawant our student body well in- tions for other signs of achieveformed on the subject and in ment that portend success in fact spend recruitment dollars law school. Neither the LSAT spreading the word, I will give nor these qualitative variables you the background on the claim to predict success as a student or an attorney. Indeed, program and we will also addressthe issues involved at the I suspect and hope that were I Special Topics session on the to distribute one of many questionnaires you will receive in first day of Orientation. The LMP is a first-semester your law school career, I would have 250 definitions of program, the central component of which is the Legal "success." What the LSAT Methods Course taught by Pro- does claim to predict is a fessor Emeritus Jack Hyman higher level of difficulty in the which the LM students take in first year for students with lieu of Crimes. Approximately 20 students specially selected by the Special Program Committee arm of the Admissions Committee are provided with an introduction to the techniques of case study, problem analysis and examination writing through the vehicle of landlord-tenant law. LM lower scores. The LMP Is founded on the belief that with special attention and hard work during the first semester, especially with regard to the technique and language of law study, the people in the program will achieve here as they have elsewhere. Prior to 1982 and I dare say, August 22,1963 this grading system encourages, the students to pay more atten- tion to absorbing the class material, than to their ranking within the class. They believe that this method removes some of the incredible pressure that law students at traditional schools are placed under. This pressure can be especially intense in your first year. The supporters say that once the pressure is lessened, the student is better able to really learn the material. Another argument in favor of the H/Q system is that it reduces the competition (with the oft-accompanying backstabbing results). While you may not want to leave valuable books unattended, you really don't have to worry that a classmate will deliberately give you wrong or misleading information. Generally, law students are very supportive of each other. The final supportive argument is that the old numerical system inflated people's egos without really distinguishing who would be a better practicing attorney. If someone got an 89 and another person got a 79, continued on page 2 More inside on surviving first year. .. �President's Corner Vol. 24, No. 1 Monday, August 22,1983 Editor-in-Chief Mary Ellen Berger Students' Participation by Managing Editor Ray Stilwell Jill Paperno News Editor: Lisa Kandel Feature Editor: David Cass Photo Editor: Kathy O'Hara Rob Sant Business Manager: Contributors: Sarah Ayer, Nick Capobianco, Jill Paperno, Jud Weiksnar © Copyright 1983, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial of Opinion Freedom for this marks the last issue of The Today Opinion semester at U/B Law School and the first issue for a new editorial board. As professors and instuctors wind down their courses, and students and near-graduates rev up for exams, we may do well to pause for a moment's reflection upon our individual roles within the academic polity here at U/B. The nature and characteristics of the curriculum offered us as law students has been very much in issue recently. We at The Opinion work diligently to provide an open forum for the expression of ideas by both students and faculty. We commend the administration for providing the open forum on April 14 on the "Buffalo Model" and for fielding a wide array of questions and gripes from student members of the U/B Law community. We urge the administration, however, to consider the issues raised as still viable and very worthy of deliberation. Many students fear that the open forum was merely a gesture of appeasement and lacked any substantial commitment to change. In the same vein, we urge studens concerned with, the content and direction of the curriculum here to follow up on their concerns and to act responsibly to effect change where needed. Freedom of thought invariably leads to differences of opinion. This is evidenced every day in the classrooms, newspapers, and conversations within a democratic society. Liberty has an intellectual quality to it which must be exercised in order to ensure that all members of the particular community affected by those differences of opinion are heard. We are best suited to protect our own liberties and, therefore, must act to be heard. As law students, we know that there are many sides to every issue in dispute. As the voice of law students, The Opinion welcomes all of these sides to represent themselves within our pages throughout the upcoming academic year, In this way we may hope to formulate a public passion for the law school community and become responsible members of the U/B Law polity. Sign In, Please!! Our editorial page has sparked a great deal of debate on a of issues in the past year, and we of course welcome this. However, we are concerned about the number of letters that have been submitted in complete anonymity. Such letters concern us because they implicitly limit the scope of the debate that they simultaneously cause (see the Editor's Reply to the "Buffalo Model Chastised" letter in the April 6th The Opinion). We also have more down-to-earth concerns: if we are uncertain of an author's intended words in an anonymous letter, we have nowhere to turn tb find out what was intended. When editors are concerned, they usually formulate editorial policies, and the recent spate of anonymous letters has inspired us to formulate one. Beginning with this issue, we will only publish letters to the editor that have been signed by their authors. We will insist upon this measure of accountability in order to preserve the integrity of our editorial page and the intentions of the authors whose letters appear.on it. At the same time, however, we recommit ourselves to printing, unedited, all the signed letters that we receive; further, we will, upon request, withhold the name of any author.. We hope thatthis policy will not limit the views that our letterwriters express. We have promulgated rules, that all of our variety warned. The Student Bar Association is the student government of the law school. It disburses your activity fees to most law school clubs and organizations, charters new groups, appoints students to studentfaculty committees, sponsors social and educational events and represents law students in the University community. The SBA Board of Directors spends your money and makes policy decisions affecting the entire Welcome to U.B. Law student body. Your involveSchool. As you dive into the ment is encouraged. Attend frenzy of the first few weeks meetings, ask questions, join a many activities and events will committee or run for office. The Board of Directors is slip by you unnoticed. On behalf of the Student Bar composed of eighteen Association I'd like to alert you representatives (six from each to some things you should not year) and four officers. miss. First though, I'd like to Generally, the responsibilities Plan Now For Future Employment The Class of 1986 TO: FROM: Audrey Koscielniak Career Development Office careers are the same. The large law firm experience is totally different from a small practice. If you are interested in quick client contact, personal case responsibility, or courtroom experience, you may want to look into public interest or government work. If you prefer library research, you may want to consider a judicial clerkship or legal publishing. Become familiar with the various types of law or lawrelated careers available. Attend Career Day Programs. Meet and talk with the attorneys on an informal basis whenever the opportunities come (e.g., speaker programs, One-to-One Program, guest lectures). Become a member of bar association committees or sections devoted to areas of law you are considering (e.g., Student Divisions of the American and New York State Bar Associations). continued on page 3 Opinion August 22, 1983 of representatives meeting per week and — — one one of- are light enough fice hour that first year students are not overwhelmed. Elections will be held within the first three weeks of school. Faculty Student Relations Board members are also elected at this time. In order to run for a position on the Board of Directors or the FSRB you must have a petition signed. Petitions with instructions will be available in the SBA Office (room 101) in about two weeks. You will also have the opportunity to write an article for The Opinion and field questions in a candidates'forum, date to be announced. If you'd like more information about SBA, the law school, the University, Buffalo or the world please feel free to stop by 101. Also, Freihofers are always welcome. Best of luck!! Welcome from the Dean The Human Factor making arguments or thinking Welcome to the Law School through problems with the at SUNY/Buffalo. You pro- care and precision that is bably approach law school characteristic of legal reasonwith mixed feelings of curiosi- ing. In different ways and setty, excitement, and, perhaps, a little trepidation. None of that As a first-year student, your is unusual. Our task in the first first task is to evaluate year is to enhance the curiosity yourself. Candidly determine and excitement and dampen your strengths, weaknesses, the uneasiness. We also hope personal qualities, interests, to impress upon you the need skills, and values. Not all law for a clear sense of the law and its place in our society. Law reaches into virtually every aspect of human life. It sets, for example, the patterns of relationships between doctors and patients, employers and workers, multinational corporations and third-world nations, and local governments and porn-sellers. You have already spent at least 16 years in formal education and several more in learning about tings, your first-year experience will try to develop and improve your ability to reason and make reasoned arguments. Because of their seeming centrality to your first-year legal initiation, the study of cases and statutes can be captivating; it also can be misleading; it may look like that is all there is to learning law. But clearly there is more; there is the whole process of how and why the statutes and cases read as they doand what effect they have on the attitudes and actions of people. It is important to keep the how and why of the law foremost in your thinking. Legal analysis has a tendency to distill the human factors from immediate consideration and to treat individuals in an abstract way and human problems in intellectual and conceptual terms. Yet the law is about and for people. Successful lawyers understand the human and emotional needs of their clients. May those human concerns be first, last and central to your approach to the laws of nature and the nature of people and institutions. Because life is the raw material of law, you will draw heavily upon this experience in learning to be a lawyer. Beware, therefore, of any tendency to leave your knowledge and experience in life somewhere in the swamp between the parking lot and John Lord O'Brian. You will probably not bring becoming a lawyer. to law school, however, much experience in reading and Good luck, understanding constitutions, Thomas E. Headrick statutes or judicial decisions or Dean . Grading System. an artificial barrier was set up between them. The supporters believe that in the actual real editors will follow, that are designed to protect the confidences world the 79 student may be as that authors place with us. The rules are fairly complex (we will good or better than the 89 stushow them to anyone upon request), but they basically limit dent. Under the H/Q system knowledge of an author's identity to one member of our editorial both would probably receive board. In sacrificing your anonymity to this one individual, in Q's which means that the proreturn you will receive both a promise to.publish your letter as fessor considers them both you want it and assurance that is will say what you intended it to qualified in that particular subject. say. The detractors of the system We realize that not all authors will know of this policy, and that others will not abide by it. If we receive a letter without a are just as vehement in their signature, we will not publish it unless and until it is signed. One opposition to the H/Q. They of our editors may attempt (discreetly, of course) to contact you say that this system doesn't and obtain your signature so that your views may be published. reduce the tension level that We hope that you will respect our intentions in attempting to much. Often (especially in first contact you in such circumstances, just as we will respect (and semester freshmen receiving protect) your right to publicize your views without publishing all Q's) this system leads to frustration and a feeling that your name below them. 2 reassure you that law school does not have to be the anxiety-inducing experience of which many of us were urged you could .. continued from page 1 have earned the suspicious of our grading same Q's by putting in half the system. They often prefer work. They also contend that students who have grades that the biggest thing that is ac- can be readily understood. complished through this Also, UB does not rank its system is to allow the lowest, students, so that you have no marginal Q's to receive the true indication of where you same mark as someone who stand. was just a bit below an H. Whatever you feel about the (Remember only the H/Q Law School grading system, it shows up on your transcript). is the one that we have. If you Many people feel that the only have questions about it, ask people who benefit are those your professors. They are the who might not cut the grade at best equipped to answer your another law school. Another questions about their own complaint is that even though grading qualifications. Each the grading system is professor is different and each somewhat understood in Buf- relies upon his/her personal falo, prospective employers criteria to evaluate the outside of Buffalo are students. �The Student's Guide To Classroom Etiquette by David Allen Caw Rather than writing an article on the Buffalo Model, a term that has approximately 768 interpretations, I have decided to write something on the dos and don'ts of classroom behavior. For those who know me, it is ironic that I am writing on this topic. However, ironies never cease to exist. If Macduff can slew Macbeth, and Titus Andronicus can bake pies, then I can write on classroom etiquette. The behavior that one demonstrates in the lecture hall could mean the difference between a very successful career, and the professor giving you a dime to call your mother (actually, by the time you read this article, due to not sit motionless. If you can answer only one question, sick, or make believe that you are in the process of solving volunteering some informasome intricate legal problem tion, you are on the right track and that you will surely share it to being left alone the rest of with the rest of the class when the semester. If by some it is solved. If you are the type strange miracle, you answer of student who talks because correctly, your semester is you like to hear your voice, guaranteed. The odds are 80-20 now is the time to waste the that you will not be called classes' time. upon until you raise your hand. For those who like to fall The professor will now know asleep in class, sit in the back that you are one of those rows. The air ventilates better, students that are always and your rest will be more inprepared and will try to vigorating. Please do not rustle socrates those students who the Times if you are going to look like they are acting in- terested out of fear. The notetaker, the student who never looks up but has his/her face in his/her notebook writing, might not be spared the teacher's wrath (for students falling into this category, sit in the first two rows so the teacher knows that divestiture, it will probably you are taking class notes and cost you a quarter. For those not practicing to be the next who are in section 2, the pro- Leonardo Da Vinci). For those ceeds collected from member- students who use the confusship in the October Revolution ed, "I have no idea what is gowill probably be used to call ing on" look, to parry the home). teacher's offensive be sure you On the first day it is always sit in the front of the room so good to make a nice impres- that the teacher will not consion. Do not come dressed like fuse your confusion with an exa Dead-Head, Meat-Head, or cretion disorder. The first day strategy is not Egg-Head. That is, of course, unless you are one. As a pea in guaranteed. Many professors a pod, the Mao-Tse Tsung like to think that certain clothing store has the uniform students are their "ace in the clothing needed to be inoffen- hole" and can.help them out sive. I think gray is the only when the rest of the class is color in stock this week; one dead. It is at this time that you are in trouble. To avoid being will have to look. Once you arrive in class, do called on either fart and look Placement Office. Read. Clance regularly at the various legal newspapers and magazines available in the Career Development Office and the Law Library (e.g.. Student Lawyer, The American Lawyer, The National Law Journal). You will raise your recognition level of law firms, attorneys, judges, issues, employment trends, and geographic locations. In some cases you may have to take what you read with a "grain of salt," but learning something is better than floundering along in the dark. Talk with fellow students. Upperclassmen can be very helpful in giving you the inside story. You can benefit greatly from their experience and perspectives. In fact, talk with everyone. Don't be shy in talking to people about your career interests. You never know who knows whom. A casual conversation at a party may lead to a contact. The result may be advice, or even a job. It's happened. Study. Though Buffalo's atmosphere is certainly less competitive than many other educational institutions, please do not lose sight of the fact that grades are still an important part of. your prospec- tive employment success, or lack of it. Be active. Become acquainted with the various organizations and activities at the Law School. If any one is closely related to your area of interest, become a member (e.g., if international law is to your liking, join the International Law Society). Other organizations will help you develop your practical skills (e.g., Buffalo Consumer Media- continued from page 2 tion Service), research skills (Buffalo Law Review), or oral advocacy and brief-writing skills (Moot Court). Extracurricular activities can reflect your leadership abilities (e.g., Student Bar Association) or simply round out your interests (basketball). Get to know the Career its Development Office — be sleeping. It is a dead giveaway. Also, if you like doing the crossword puzzles, do not ask the professor for a three letter word describing what he/she is. Where to sit for those who are not used to making such decisions is probably the most traumatic, and endearing. The front row seems too anxious, (however, if you have a propensity for saying stupid things, the front row enables you to not have people laugh in your face) and the back row seems to slothful. Right in the middle seems to be right in the teacher's line of vision, but depending on the size of the teacher it might vary. Studies were completed by students and faculty of this law school, on a grant by Exxon Corporation's National Classrom Administration Division, and it was determined that the sixth row was the least likely to endure the professor's wrath for long. As Richard Nixon once said, "Trust Me." very For Those Weekend Athletes by Nick Capobianco U is 3:00 A.M. and your patience is beginning to wear thin. You have just spent the last sixteen hours on your legal studies and tomorrow promises to hold nothing but more of the same. Such is the tension which can mount during your unbridled tour of law Main Street campus has handball, racquetball and squash courts available on a reservation basis. An I.D. card is required, and you should call two days in advance (831-2924). There are also basketball courts, a swimming pool, and weight training facilities. On the Amherst campus, the spacious new Alumni arena, school academia. To avoid this horror of which opened in September boredom, it is necessary to find 1982, caters to all athletic an outlet to vent the unwhims. The Arena also requires necessary frustration which the use of the student I.D. can build within. One of the card. Racquetball courts can best ways to let loose is be reserved by calling physical exercise (not meaning (636-3147). This new facility the lifting of beer mugs or also provides excellent basketmarihuana cigarrettes). An ball courts, a weight-lifting hour or two of well planned room, large lockerooms and a . gamesmanship is not only a therapy room. great deal of fun, but also an Although scheduled for excellent way to relieve the future demolition, the "Bubpressures of a demanding, ble" (an air supported canvas nerve-wracking experince that dome over a parking lot) has we call LAW SCHOOL! The basketball courts, two univerUniversity of Buffalo offers a sal weights sets and occanumber of physical activities sionally tennis. The Bubble is (not necessarily the ones belocated between the Academic tween the sheets) for both the Spine and Ellicott Complex. weekend athlete and the Although physically unattractive, the Bubble can provide an serious minded competitor. The University athletic excellent forum for the facilities, although strewn amateur basketball player to across two campuses, are sharpen his or her basketball available only when the inter- skills. For the competitive minded, collegiate teams are not using are Law School sponopportunities However, there them. are numerous enough to allow sored intramural basketball, even the most hesitant of volleyball and softball athletes the chance to par- leagues. These are at one and the same time uproariously ticipate. Clark Hall, located on the funny and seriously com- staff, resources, materials, handouts, and programs. The CDO Newsletter, which is distributed to student mailboxes at the Law School, will list many employment and New Waves career information highlights. Although most of the items will probably be directed to 2nd- and 3rd-year students, the by Jud Weiksnar Newsletter will give you a feel for what happens and what So you're a first year law stuyou can expect during the course of a "placement dent and you think you'll have season." If you know what's to stay in and study on coming up, you'll be prepared weekends? Well, you have to go someplace when the library and ready to act. If you heard that legal jobs closes. Here are some suggesare scarce, you have heard cortions (check the Gucto section rectly. Eligible members of the in the Buffalo News every FriClass of 1982 had a 92% day for details): employment rate at bar admission time. Their success was due to their long, hard efforts The Biggies The Continental, 212 at finding suitable positions and, for many, their taking ad- Franklin Street, downtown. average your vantage of the resources Not available here. It is crucial that neighborhood bar. Buffalo's you understand as early as only real "New Wave" club. possible the types of oppor- Downstairs features live tunities that exist and how they music. Cover charge varies from $2-$6 depending on can be located. whether the band is local, naDevelopWe in the Career ment Office, want to help. If tional or international. Drinks you need assistance, have a are cheap. Good dance floor problem, want to register a upstairs. The punkers roll in offer a sugges- around 3 a.m. Leave your complaint, tion, do not hesitate to come alligator shirt at home. Rude Boys; Hertel at Starin, to see us. Make use of our ofa mile from Main Street do, about usually fice. Those who Campus. Reggae, reggae, regfind jobs. petitive (depending on both your frame of mind and your opponents). There are also other intramural activities sponsored by other divisionsof the university, including a dangerously exciting floor hockey league. Of course, the physical activity which has most come to symbolize our times is running. The Amherst campus offers a variety of routes for all types of runners. Lake LaSalles' two mile circuit offers eighteen exercise stations and three levels of exercise that is guaranteed to exhaust even the most avid enthusiast. Wherever you are situated, you will find ample opportunity to stretch your legs. There are also numerous outdoor facilities. Basketball and tennis courts are available behind the Arena, adjacent to the Ellicott complex, and on the Main Street campus. There are also numerous athletic fields and grassy patched areas. While the listing of recreational facilities may prove informative, it can also be futile unless you make the effort to get out and at least for a while, leave the tedium of law school behind. Be imaginative, take an undergraduate course in dance or a YMCA course in aerobics. The important thing is to get involved. It is a great way to meet people and rediscover the real world that lies beyond O'Brian Hall. Buffalo's Dance Club Scenes gae. No live bands, but a good Aye. More a gym than a club. d.j. and extensive record col- On weekends they try to hire new lection keep the dance floor the best local packed. No cover charge, music/dance bands. $3 admismoderately priced drinks. Laid sion charge, cheap beer, wine and cider. Almost a sock hop back crowd. 2007, in the University atmosphere. Great for danPlaza. Break out your cing. disco's not dead Pastime Lounge, 491 Grant polyester yet. $3 cover charge and ex- Street. Another West side pensive drinks (by Buffalo establishment that books local standards), but if you want to bands. Located in the old dance, this is the place. Huge moviehouse. Atmosphere is dance floor, hard core disco cross between corner bar and music. Live bands play jazz dance club. $3 cover charge, and "wedding reception" cheap drinks. Mister Good bar, 1110 music in the adjoining lounge. Tralfamadore Cafe, Main Urnwood Aye. Downstairs, it's Street downtown. Classy a singles bar. Upstairs, it's a combination living roomnightclub, but not prohibitively expensive. The Tralf books dance floor-stage where local top quality jazz, folk, blues, bands play for a $3 cover reggae, and comedy acts. Get charge. Central Park Grill. 2519 tickets for big name performers in advance at Main. The backroom gets crowded at times, but the Ticketron. music is good. Local perLew well known, but worth formers play jazz, blues, and folksy stuff. No cover charge, checking out West Side Community reasonably priced drinks, Center, 382 Massachusetts nothing fancy. — August 72, 1983 Opinion 3 �I ■ I ORIENTATION 1983 ■ Monday, August 22, 1983 - Check In / Coffee & Doughnuts 8:00 9:00 am 9:00 -10:30 am — y V 10:45 -11:45 am | / / 11:45-2:00 PM I — Moot Court Room First Meeting General Welcome & Introduction - Small Group Meetings The students will meet with second year students to go over information. Rotating Schedules: These will include 1) Lunch, 2) Tours, 3) Section meeting with Pro- fessors. Section 1-11:45-12:15 1:30 2:00 pm Section 2 Section 3 1:30 2:00 pm — — - Meeting with Charles Carr & Vivian Gar- 2:00 ? 7:00 I I - - cia/ Selected Topics I Bar Party ? Tuesday, August 23, 1983 12:00 -1:30 pm - 1:30 2:30 2:30 - 3:30 pm - 3:00 5:00 pm - General Meeting Moot Court Room - Seating Chart Photos Aid — Financial — Housing Information Buffalo Model Meeting/Organizations - Wine & Cheese Party Library cAnnual Opinion Recruitment T^arty & Open House Is^^^pmin^ I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-08-22 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/86ca95e01aa023d9d7f6770aba86dcb6.pdf e943386b02a5bc8bbb8ce8363d3d5608 PDF Text Text THE OPINION Vol. 23:13 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Apr. 27,1983 "Buffalo Model" Defended, Criticized At Open Hearing by Wendy Cohen B", in addition to fairly traditional classes such as ConstituIt was standing room only as tional and Labor Law. law students and faculty filled Associate Dean Schlegel O'Brien Room 106 on Wednesbegan his response to the day, April 13, to air their views students by relating his own on the curriculum at an open law school experience at a forum on the "Buffalo Model." prestigious institution, the The nontraditional approach University of Chicago. "I went photo by Earl Pfeffer taken to legal education at U/B to a very fancy law school, and Panel from left: Profs. Schlegel, Headrick & Hyman, and leaves students with serious had the legal education most students Roberts, Bond & Lane. gaps in their legal training, of you want," said Mr. making it difficult for them to Schlegel. His legal education pass the Bar exam, and leaving did not, however, give him any them at a disadvantage in the idea of what the legal system by A.M. Richmond first Black female judge in job market. These were some looked like, or how to solve a California; Catherine MacKin- of the many criticisms levelled problem in an area he had not The fourteenth National non, Associate Professor at against the curriculum by seen before. "What I missed in Conference on Women and the Minnesota Law School; Phyliss students at the forum. In law school was a sense of how Law met in Washington, D.C., Segal, of NOW Legal Defense response, Dean Headrick and the legal system operates, how April 7-10. Approximately and Education Fund; and Associate Dean Schlegel tried to make an argument and write twenty students of U/B Law Nadine Taub, Professor at to demonstrate that a curSchool attended, joined by Rutgers-Newark Law School. riculum which de-emphasizes faculty and community MacKinnon opened the legal doctrine and stresses the members. workshop by defining legal system itself can turn out The Conference theme was feminism as an "attempt to better lawyers, more adept at Unity and Empowerment. define the world from the solving problems than those by David Cass Reflecting that theme, many of standpoint of all women." trained only to memorize a the,more than 250 workshops "Law," she said, "is an expresDean Headrick is going to be shifting body of rules. focused on increasing sion of the masculine perspectaking a leave of absence from "Many perceive of the Bufwomen's control over their tive on social life. .. The probfalo Model as a grand experithe law school during the fall lives. Workshops explored lem for feminist jurisprudence ment, with us as the guinea semester to pursue his pigs," charged third-year stuissues of domestic relations, is that we object to the strucresearch in the field of propereducation, employment, ture of Society." As an examdent Keith Bond, who along ty law. He is going to Oxford health care, housing, and im- ple/MacKinnon addressed the with third-year students Rick University to complete a series migration. Thirty-six law of sexual equality. Roberts and Bob Lane got of essays on the origins of proworkshops addressed special Because of the "masculine discussion underway by ex- perty rights and their applicaconcerns of women of color. standard implicit in the law of pressing some of the more tion to the modern socioThird World women, and les- sex equality," MacKinnon commonly heard complaints economic interpretation of bians, groups traditionally the argues that there are only two about the curriculum. Among property law. The Dean, havvictims of the most severe legalistic routes to sexual the questions the three ing been to Oxford on many equality under our current students asked were "What previous occasions, is looking discrimination. Buffalo conferees attended system. We can either "view specifically is inadequate forward to completing his a diverse sampling of women as if we are about traditional teaching?" research and to being back in a workshops. Probably the single men. and. argue that and "Why isn't Law In Context place as charming and quaint workshop attracting the largest women are men who have taught after students have as Oxford. In Dean Headrick's absence, Buffalo contingent was been mistaken for women in grasped basic doctrine?" (This "Developing a Feminist this situation", or "view year's first-year class has been Assistant Dean Schlegel will become Acting Dean. When Jurisprudence." Panelists were women as men view women" required to take "Law In ConLaDoris Hazzard Cordell, the text A" and "Law In Context asked if he expected any continued on page 4 Women And The Law a complaint," he said, adding "my legal education was neither theoretical nor prac- tical." Stressing that the purpose of the Buffalo Model is to turn out better lawyers, Mr. Schlegel said that legal education, if conceived of as a body of rules, is of low use to those who will practice law in the future. By emphasizing how the legal system works and skills such as drafting complaints, Buffalo education is intended to be "both more practical and more theoretical." Turning to the question of finding jobs in a tight market, the Associate Dean admitted continued on page 11 Oxford Bound Dean Bids Buffalo Farewell .. changes in the Law School with as Acting Dean, Headrick emphatically replied that he did not expect changes. The Dean reported that although Schlegel will be Acting Dean, Vivian Garcia, Allen Carrel, and Charlie Wallin will be in charge of running the Law School. Those people, along with the secretaries and administrators are the Law School, the Dean said, and it would take more than a one semester leave of absence to effect any change. According to Dean Headrick, he plays a lesser role in the day-to-day operations of the Law School Schlegel than most students believe. Goodbye Dean. Have a great time in Oxford. You definitely will be missed. UB Law Students Win Advocacy Competition by Wendy Cohen during the last week of July. As John pointed out, U/B teams Second year students John have done well this spring: Curran and Len Gulino Ben Zuffranieri and Wayne emerged from the final round Gradl won the Mugel Tax of the Appellate Advocacy Competition held at U/B, Bill Moot Court Competition as Hochul won the Best Oralist winners, in spite of a disagree- Award at the Craven Competiment over scoring procedures tion in Chapel Hill, North which nearly kept them out of thefinal round. "This is more a story of the trials and tribulations of getting into the finals, in the first place," said Len, commenting on the procedural disagreements which left the semi-finalists in the Competition from knowing who would argue in the final rounds until the last minute. As winners of the regional Competition, held at Brooklyn Law School on April 8 and 9, Len and John will go on to compete in the national Competition to be held in Atlanta 1 tional products liability act, similar to one currently under consideration by Congress, has been passed and its constitutionality is being tested. The tion, North Central Region. a presented problem The problem that Curran federalism question, argued by and Gulino argued asked Len, and a due process quesstudents to assume that a na- tion, argued by John. They were assigned to represent the petitioner and argue against the products liability act in the first round of the Competition, which they won by thirty points. They lost the second round by a two-to-one vote, but finished third highest in Carolina, and the law school's Jessup team captured a second best brief award at the Jessup International Law Competi- overall points after the preliminaries, allowing them into the semi-finals. While Len and John won their semi-final round against the team they had lost to in the second round, they nearly didn't get into the final round because of a procedural photo by M.E. Berger dispute. The controversy Victorious second-year students John Curran & Len Gulino centered around whether the rules mandated single elimination semi-finals, which would mean that the winners of both semi-final rounds would face each other, or whether overall point standings should determine the finalists. While the host school's rules called for single elimination semi-finals, the National Student Director of the American Bar Association's student division, whoi was present, apparently felt it would be unfair for the losing team in the second semi-final round to be eliminated, since that school had the highest overall point total. Because it was Sunday, it was difficult to get in touch with anyone in a position to straighten out the rules. So, even though the final round was originally scheduled for 3:00 that afternoon, Len and John did not know they were going to argue until nearly 4:00. continued on page 15 �Letters on the Buffalo Vol. 23, No. 13 Wednesday, April 27,1983 tditor-in-Chief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Feature Editor: Lisa Kandel David Cass Kathy O'Hara Rob Sant Photo Editor: Business Manager: Contributors: Barbara Barton, Nick Capobianco, Wendy Cohen, Andrew Friedman, Len Gulino, Jill Paperno, Mike Reilly, Anna Marie Richmond, Melissa Rosse, Joe Ruh, Jud Weiksnar Editors Emeritus: Francis A. Bolz 111, Glenn Frank, Gary Games, Barbra Kavanaugh, Earl R. Pfeffer, John Stegmayer. © Copyright 1983, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. LT. Ur_v«r*v|prMS Freedom of Opinion Today marks the last issue of The Opinion for this semester at U/B Law School and the first issue for a new editorial board. As professors and instructors wind down their courses, and students and near-graduates rev up for exams, we may do well to pause for a moment's reflection upon our individual roles within the academic polity here at U/B. The nature and characteristics of the curriculum offered us as law students has been very much in issue recently. We at The Opinion work diligently to provide an open forum for the expression of ideas by both students and faculty. We commend the administration for providing the open forum on April 14 on the "Buffalo Model" and for fielding a wide array of questions and gripes from student members of the U/B Law community. We urge the administration, however, to consider the issues raised as still viable and very worthy of deliberation Many students fear that the open forum was merely a gesture of appeasement and lacked any substantial commitment to change. In the same vein, we urge students concerned with the content and direction of the curriculum here to follow up on their concerns and to act responsibly to effect change where needed Freedom of thought invariably leads to differences of opinion This is evidenced every day in the classrooms, newspapers, and conversations within a democratic society. Liberty has an intellectual quality to it which must be exercised in order to ensure that all members of the particular community affected by those differences of opinion are heard We are best suited to protect our own liberties and, therefore, must act to be heard As law students, we know that there are many sides to every issue in dispute As the voice of law students. The Opinion welcomes all of these sides to represent themselves within our pages throughout the upcoming academic year In this way we may hope to formulate a public passion tor the law school community and become responsible members ot the U/B Law polity Model Law & Policy Are Inseparable Dear "Anonymous": I often feel troubled about the faculty and administration at Buffalo, but the source of my concern differs so greatly from yours that I thought I should attempt some response. First of all, I am confused. You seemed first to say the faculty are not concerned with students and their needs. Then you object to the content of the courses. As for the first, I have had the worst and the best teachers of a long student career at Buffalo Law School. But your letter is wrong when it completely fails to take into account the open doors, personal concern, and excellent teaching of many; this has been my own experience with Jim Atleson, Fred Konefsky, David Engel, Ken Joyce, Paul Spiegelman, Betty Mensch, Al Katz, and more. I think it is unfair to describe the faculty in a lump as uncaring and insensitive. I would also note that the professors I have found least approachable have been those who teach those type of courses you most desire to see; I believe it is more than coincidence. Politics can be a way of life for some committed people. I also found the remark about the faculty member who can't teach on Friday due to her child care situation a little strange; a 4-day work week due to the increasing number of women in the work force is not a new idea. I like the idea that an institution is flexible enough to take individuals' situations into account. Maybe you don't like her teaching, but this criticism was, I thought, cheap. I also didn't understand if you wanted more commercial law courses or less left-wing politics in current courses, or both. As for the latter, I believe those who attempt to teach the law as if it is apolitical are fools or evil or both. Presumably what you want is first "the law" and then a commentary. I sympathize and agree; that's what I want too. I tend to find the commentary Sign In, Please!! Our editorial page has sparked a great deal of debate on a variety ot issues in the past year, and we of course welcome this. However, we are concerned about the number of letters that have been submitted in com- plete anonymity Such letters concern us because they implicitly limit the scope of the debate that they simultaneously cause (see the Editor's Reply to the "Buffalo Model Chastised letter in the April oth The Opinion) We also have more down-to-earth concerns: if we are uncertain of an author's intended words in an anonymous letter, we have nowhere to turn to find out what was intended When editors are concerned, they usually formulate editorial policies, and the recent spate of anonymous letters has inspired us to formulate one Beginning with this issue, we will only publish letters to the editor that have been signed by theirauthors. We will insist upon this measure of accountability in order to preserve the integrity of our editorial page and the intentions of the authors whose letters appear on it At the same time, however, we recommit ourselves to printing, unedited, all the signed letters that we receive; further, we will, upon request, withhold the name of any author We hope that this policy will not limit the views that our letterwriters express. We have promulgated rules, that all of our editors will follow, that are designed to protect the confidences that authors place with us The rules are fairly complex (we will show them to anyone upon request), but they basically limit knowledge of an author's identity to one member of our editorial board. In sacrificing your anonymity to this one individual, in return you will receive both a promise to publish your letter as you want it and assurance that it will say what you intended it to say. We realize that not all authors will know of this policy, and that others will not abide by it. if we receive a letter without a signature, we wilt not publish it unless and until it is signed. One of our editors may attempt (discreetly, of course) to contact you and obtain your signature so that your views may be published We hope that you will respect our intentions in attempting to contact you in such circumstances, just as we will respect (and protect) your right to publicize your views without publishing your name below them. Opinion 2 April 27, 1983 of the left more convincing, provocative, and thoughtful so I prefer it. But good presentation like this is a teaching problem; there are many shitty teachers ranging across the political spectrum. If you want politically netural teaching, I don't think you can have it. If you just don't like left-wing you teaching, I don't care will find a lot of support out there. This is a tiny little corner of the world where the dogmatic content is more left — or liberal than ususal; the world doesn't care that the left gets ignored out there. It's just when you're down in your context that it's tough. But if it's good teaching and provocative comment that you're after I am with you, and also wish the hiring process would give this — factor more weight. Course substance is a harder question for me. I have had Evidence, for example, from a straight practitioner whose concern for legal history and jurisprudence and context are non-existent. I'm afraid many students in the class claimed that their Qs were the result of a weekend of Bar Review tapes, yet many felt this course really gave them the law and the latest cases. If this is really what you want more of, then I guess I agree with Schlegel! A final point is that it's possible that you're right when you say that the faculty might not care about students who want largely basic courses leading to a private, general, commer- Re the recent "Dippigate" editorial in The Opinion (April 6): I, too, have a grievance with the fact that SBA funding is apportioned for such activities, although my-complaint arises for a different reason. I question why I must pay for something in which I cannot take part, yet it is undeniable that most activities sponsored by the SBA are ones which I, as a handicapped person, either cannot physically do or cannot go to because they take place in locations that are inaccessible to me. SBA is not alone in practicing this exclusion. When I came to this school, the very first get-together for Orientation was held at an inaccessible location. With no exceptions of which I'm aware, all off-campus activities have taken place at bars or restaurants that are also inaccessible. I proudly joined the Moot Court Board this — — the big picture, you'll win. Law will stay out of context. Power is obnoxious only when you don't have it, and you, and all those who feel like you, do have it. In this tiny world you are momentarily down, and a few careers may get slow starts, but try to understand that some people think what you want from a legal career is evil... it doesn't mean they don't care about students; it just means they have another commitment. Name withheld on request Let's Do Our Job! To the Editor: The brazen display of vindictiveness that was publicly disseminated in the last Opinion Letter to the Editor ("Buf- falo Model Chastised") disturb- ed me for two reasons: 1.) it was anonymous and therefore, for all I know, I am berating a close friend in a public forum, and 2.) it was a carefully done, complete expose of the student malaise that appears to pervade institutions of higher . year. and the dinner to honor competitors was held in an inaccessible building. I begin to wonder if I'll be able to attend my own graduation. Lest you think otherwise, accessibility does not mean simply being able to get in the door. It means also convenient parking and the use of restrooms modified for the handicapped. Would any of you expect or be able to attend an all-night party serving alcoholic beverges without being able to use a bathroom? Then why should I? By continuing to sponsor ac- tivities in which handicapped students cannot participate, SBA and other organizations perpetuate Apologies education. I've had an opportunity to study at many schools and it would be very much a lie for me to say that "Buffalo Model" complaints were not somewhat justified. Administrators are never perceived by students to be acting in their best interest, and faculty always seem to be too obsessed with publishing (usually because this carries so much weight when evaluating candidates for tenure) and too carefree about classes. U/B Accused of Bias To the Editor: cial, ana 1 corporate practice, and who fail to recognize the values and way of life that such a career affirms or if recognition exists, who are indifferent to the sources and consequences of most lawyering as a profession. You will get a lot of strokes out in the world for what some professors here might consider participation in and affirmation of a way of life that is basically wrong or immoral. The left is stuck with the world, and you're only stuck with one little law school. If they hate what you're going to be doing, they can't pretend to care if you get the kind of legal education you want they think it participates in the creation of misery. You're unhappy because the one place they dominate you got stuck.. I understand, but I bet you'll get to be a lawyer anyway and I bet the U.S. won't change so in discrimination. However, two-thirds of a pie does not a whole pie-make (ex- cuse my profundity). What I mean, people, is that we all put about as much effort into this adventure as Ralph Wilson puts into the Buffalo Bills. It is amazing how responsive professors are to students who actually do the work they are asked to do. Why, just last semester I got serious, helpful input from a professor in a seminar course and, to my everlasting flabbergastation, it was easy for me to reach him at his office during the day! Now, I know this doesn't happen every day, but you know what does happen almost every day? Almost every day, in at least one class, somewhere in this law school, a professor asks a question based on the assignment and, as surprising as this may seem, nobody in the entire class is intelligent enough to articulate an answer. Nobody. Maybe the problem is that half of the class capable of answering the wear thin, and whether or not this exclusion is intentional makes no difference to the handicapped student who, either way, is denied the opportunity to par- question off class that ticipate in such activities and day. Or blew half of the class maybe thus is never an integral part of that did the reading fell asleep the student body. and missed the question. Barbara C. Barton continued on page i �SBA President Answers Dippikill Allegations To the Editor: I would like to address a few of the points raised in the last The Opinion editorial. In addition to factual errors there were policy questions which deserve a response. First, you referred to "several students" who both voted for the funds for the Conference on Women and the Law and would benefit from this vote. Although I would argue that the entire school (and thus the entire Board) benefits from large attendance at a conference, there were only two Board members, not several, that fell into both categories as you presented them. You also stated that the student who moved to increase the allocation of funds from the $150 to which the group was entitled was attending the conference. Although a woman did make this motion she was not planning on attending the conference. Why the assumption? The implication that she would benefit financially from her motion was wrong. You might have avoided presenting incorrect information by attending a meeting or speaking with an SBA Board member. Finally, the SBA spent much time this year investigating the funding of a variety of events. The Dippikill trip, as one of these events, became a controversial issue as a result of questions by SBA Board members who felt an obligation to those students they represented. In addition to having voted as representatives of law students on issues (like the student union vote) Board members have also acted as representatives of students. It seems that Board members are in a no-win situa- tion. When they vote to represent students they are told in an Opinion editorial to "Speak for yourself." When they act in a representative fashion, their actions are ignored in an editorial evaluation of voting behavior. Your implication of self-serving irresponsibility is out of line. These issues are minor compared to your final statement on SBA Board members "voting money into their own pockets." Ours is a school of about 770 students. There are approx- Third Year Runner Wins Race Judicata This year's edition of Race stretch duel took place beJudicata was won by third-year tween Seth Fitter and Jud student Jay Jenkins. Jenkins Weiksnar for third place. ran the two and a half mile Weiksnar pulled up alongside course in a time of 13:54, a 5:34 Fitter with fifty yards to go, but mile pace. Beth Ginsburg Fitter was able to hold off nugged out Linda Nenni with a strong finishing kick to take women's honors. Overall winner Jenkins took the lead for good at the half mile mark from a fading Tom McCarthy who finished eleventh. Jim Riley finished second, eight seconds behind Jenkins. An agonizing home Weiksnar's "go-for-broke" finishing flurry to finish ahead by a neck. Molly Roach finished third in the women's division and Tim Payne rounded out the Men's top five. Joe Mcßride took the "turn-out-the-lightswhen-you-leave" award with his valiant last place finish. New Society Touts Entertainment Law by Melissa Thompson Rosse The Buffalo Entertainment Law Society (BELS) has sponsored the second in a series of lectures concerning art and the law since it was chartered by the Student Bar Association this past January. Michael Trimboli, Esq. with the Buffalo firm of Falk & Siemer, spoke to a crowd of enthusiastic students on the intricacies of "Representing Recording Artists" including insights into the problems artists face with managers, agents, and attorneys who attempt to launch their clients' careers with a modicum of success. Mr. Trimboli's entertainment law practice runs the gamut from representation to musical Cohen, Swados, Wright, Hanifin, Bradford & Brett, who spoke on the financial aspects of producing professional theatre. Both Mr. Swados and Mr. Trimboli who kindly donated their time and energies wish to return for the 1983-84 lecture series to assist BELS in its commitment to the arts. BELS is dedicated to raising awareness of the arts in the law school community by providing informational lectures and materials on related legal issues in the arts. Next semester, BELS is planning to begin the implementation of a referral service for indigent artists in the Buffalo area to local attorneys willing to provide legal aid on a pro bono or reduced fee basis. With the ensembles like the Amherst help of its membership and the Arts Development Services, inSaxophone Quartet, to contract negotiations for stand-up to which BELS has recently comics and recording perbeen accepted, BELS hopes to sonalities. Mr. Trimboli was succeed with this activity. If you are interested in finddelighted to speak with students individually after the ing out more about the Buffalo lecture at the wine and cheese Entertainment Law Society or have suggestions for future reception sponsored by BELS. The first lecture sponsored lectures and activities, please by BELS was given by promi- contact Melissa Rosse, Box No. nent attorney Robert p. 465 or Dan Elias, Box No. 331. Swados, partner in the firm of BELS is here to serve you. imately fifteen active SBA meeting announcements for any student interested in addressing the SBA. most are involved with a Should SBA members be number of student organizaprohibited from participating tions. Often their desire to in events from which they may represent varying interests receive such benefits? If not, leads them to student governperhaps abstaining from voting ment positions. is the solution. (Yes, it has been As the school is relatively discussed at SBA meetings small, and SBA students are exall were invited to attend tremely active, Board meetings throughout the year.) members often will benefit in If students were to abstain some way from SBA funding each time their interest might decisions, as will the rest of the be served, three problems student body. This benefit may would arise. First, students be in the form of money would not be representing the defraying students' costs for a interests of those who elected speaker, a wine and cheese them. Second, students would reception, additional CDO have to decide prior to voting materials, a convention, a whether they would parmoyie or a social event. ticipate in an event. Third, It is hoped that as many students choosing to allocate students as possible will take funds for an event would then advantage of SBA funded be precluded from attending events. Emphasis throughout it. the year has been on publicity This scheme of preventing and increasing student students from voting on issues awareness of law school acwith which they might be intivities. These publicity efforts volved could present absurd have included weekly posting results. The entire Board of of an SBA agenda, minutes and Directors would be required to funded student groups. Of the twenty-two Board members, — abstain from a vote on allocation of additional funds to the Commencement Dinner Dance as such funds would directly reduce ticket costs, and many Board members were planning to attend. Perhaps Board members should be required to abstain from votes on funding groups they are involved with during budget hearings. Of course, this is a ridiculous suggestion. But it is only an extreme example of the suggestion that students refrain from supporting activities from which they may benefit. As SBA is intended to be organized on the basis of representative democracy, perhaps the best solutions are to vote for students who will serve your interests, to attend meetings and to find out who your representatives are. Perhaps some will be satisfied that we didn't vote ourselves a pay raise this year. Jill Paperno, President Student Bar Association Students' Attitudes Denounced continued from page 2 Regardless, the fact is that I have sat in classes for several minutes of awe inspiring silence only to have the not-sorhetorical question answered by the professor who asked it. Some of you may think that we are all dumbshits who don't comprehend what we study. Personally, I think we are all (including me) too lazy and too pompous to waste our time putting a little effort into something as meaningless as class. So, here is what I propose: Instead of complaining about authority (a complaint about as unique to U/B Law School as pimples are to Valley Girls) let's all get our assignments done a week ahead of time, reread them before class, be as responsive and controversial in class as possible, do pro-bono work for ten to twenty hours a week, audit classes like Commercial Paper when we get closed out (hey, it;s not the grade, it's what we learn that counts, . right?) and see if maybe the attitudes of the administration and faculty don't take a turn for the better. In the words of a man whose attitude I have long admired, "This ain't no party, this ain't no disco, this ain't no fooling around" except on weekends. With Dubious Sincerity, Jeffrey C. Johnson 104 Florence Avenue Buffalo, NY 14214 rude, anonymous comments call: (716) 634-8639. For HOUSING COMMITTEE NEEDS HELP As the 1982-1983 school year comes to an end, many law students will be vacating their homes or apartments, or looking for roommates. The SBA/Orientation '83 Committee, in its earnest desire to assist those incoming first-year law students who request off-campus housing, is asking that all law students who have vacant space to fill out the attached information sheet and return it to MB No. 304. Once this information is gathered, the Orientation '83 Committee will collate it, and use it. PLEASE COMPLY!! Name Address Phone Number : Class Miscellaneous (Circle or Write In) Furnished Unfurnished Male Female Smoking Non-smoking wdMSC Need Car How many vacancies April 27,1983 Opinion 3 �Unresolved Financial Aid Issues Remain by Joe Ruh As summer looms and visions of bar exams and clerkships dance in your head, a number of financial aid issues remain unresolved. Here are some of the more significant items: Tuition: Ruh retires President's Corner by Jill Paperno I would like to take this opportunity to thank all those in- volved with the Student Bar Association this year. As there were so many students on student-faculty committees, Student Bar committees and the Board of Directors I cannot express my appreciation to each individual for his or her assistance. I would like to say a special thank-you to those that have done more than their share Jeff Shein and Rich Wiebe for being so sociable; Julia Garver for phone bills and volleyball; Scott Nadel and Jeff Eisenberg for humor and tolerance; John Stegmayer for student activism; Kathy O'Hara for the O'Hara Commission(s); Clare Piro for support; Bruce Schoenberg, Len Gulino, Ron Osson and Terri Foster for the variety of interests they represented; Dan Pease for sports appreciation; Brian Collins for organization of special events; Dave Cass for guarding the SBA fisc; Rich Cottlieb for enthusiasm; Liz Garcia for parliamentary procedure; and Sue Kozinn for congeniality. I would also like to extend a special thank-you to Anne Carberry for her warmth and all the time spent on the most comprehensive minutes ever written; to Greg Phillips for his support, diligence and patience; and to Dawn Guptill for — running the show. ~- There is a 99% chance the tuition for '83-'B4 will go up from the present $2500 per year. No decision has been made, but estimates range from $300 to $800 for an annual increase. For planning purposes you should anticipate a $500 increase for a total tuition of $3000 per year. Budget: The student budget for '83-'B4 has been set. Remember, this is the amount which determines the maximum amount of financial aid you are eligible for in any given school year. The budgets are: Commuter (living with folks in Buffalo): $6170 Independent (not living with folks in Buffalo): $7620 Married $10585 - Add $1000 per child per year. I expect the budget will be increased in the exact amount of any tuition increase, and you should plan accordingly. — TAP/SUSTA: For the first time in recent Guaranteed Student Loans memory we did not have to (GSLs) fight to have SUSTA restored Applications for the Sumto the budget. I don't know mer '83 semester ONLY can be what the final amount of submitted now to A&R. Sum- by Len Gulino Opinion Graduating Seniors: School officially ends in May. Therefore you are no. longer students and are not eligible for financial aid to assist in paying for the bar review courses. Of course, if you've got money left over from this year's loan you can now. However, these all reuse it, but no new aid can be quire a 1983-84 Needs Analysis Sheet which to date is not yet granted for the bar review available. Keep checking with period. Sorry. There has been no new word your bank. These applications should be in to A&R no later on the Sallie Mac problem I reported in the last issue. I than June 30, 1983. There were rumors this have application request semester that the Needs Test packages in my office for would be applied to every ap- those who want to get a head plicant, not just those with start on the process. family incomes in excess of $30,000. Well, that proposal Epilogue: has been shot down for next I had intended to welcome year though it may resurface in and introduce my relief as future years. For 1983-84, only Financial Aid Assistant, but as incomes over $30,000 will have of this writing there is still a the Needs Test applied, but all neck and neck competition for applications still must have the the job. I am confident the new Needs Analysis Cover Sheet at- author of this column will come up with bigger and bettached. ter ways of bringing you the 1040's: Yes, this rumor is true. If you news and getting you to submit applied for a financial aid your applications early (or at package from the Main Street least earlier). To those of you I have been Financial Aid Office (NDSL or Work/Study) you MUST have a able to help over the last two 1040 on file with them before years it has been my they distribute any money to pleasure. To those of you I you. This requirement does not could not help — I share your apply to people who only frustration with this monster of receive TAP/SUSTA and GSLs. a system. To Helen and Linda If you do not have a 1040 on and their dedicated assistants' file (and one for your parents if — a special thanks, for the you are a dependent) you will whole paperwork system be notified by the Financial would come crashing down Aid Office and asked to submit without you. Finally, to my friends and one promptly. Failure to comply will most likely result in classmates Training Camp revocation of your NDSL or has been fun, but let's get on Work/Study grant. with the Game! — — 0f... " For example, recently a and in the absence of that become the Wall Street journal editorial atWhen reading commentaries tacked the solution reached by and editorials on the economic a bi-partisan presidential comimpact of some proposed mission for the deficit-plagued public policy, I am often social security system; in it the astonished and dismayed by commentator criticized the the authoritative, "it-is-so- Commission's recommendaobvious" tone adopted by the tion to increase taxes with this commentators. The solution to analysis: a particular problem is often First and gravely important, the tax rise will result in weaker claimed to be as simple as economic growth. CNP would "one, two, three". They (the be slowed for a number of commentators) often contend, reasons: The tax hike will "if the government would only diminish capital investment, lower this, raise that, and stop hence productivity, and cut perthe other thing, inflation and sonal income, hence consumer unemployment would disapspending and saving. One mapear, all at a small sacrifice of jor drag will come through only a few percentage points t higher unemployment, just as it wants without regard to sex." April 27, 1983 honesty, I wish to remind readers to be aware of the shortcomings of some current economic commentary. Economics, like other social sciences, is a study of human behavior. Human behavior, as any social scientist will concede, does not lend itself easily to simple explanations or precise rules of cause and effect. For every human behavioral rule "found" by social scientists there is an exception. These exceptions mandate that such analysis of human activity be accompanied by a realistic appraisal of the probability for the goes in the Economics 101 so it predicted outcome, along with goes in the real world: When bright illumination of the labor costs go up, employers variables which may influence use less labor. And less employthat expected result. ment will mean, most likely, less CNP. Some may seek to justify This analysis raises a few these shortcomings in and hold men to the special She hopes to "find a way to treatment of women that the highlight the way the law femininity standard requires. reflects male experience, and questions. Is our national On a more practical level, then move beyond that." economy really comparable to Cordell stated that "Woman is Professor Isabel Marcus Economics 101? Can a handicapped participant to ably represented U/B Law Economics 101 begin to reflect the legal system: she has to de- School at the Conference. She the complexities and vagaries fend her client and defend her spoke at three workshops: of real world economics? It own womanhood." Cordell "Property Rights and Distribuseems to me such analysis asserts that the "female tion in Divorce," "Roundtable describes America's tremenpresence" is the most effective on Joint Custody," and dously complex economy the means to change the system. "Genitalia and the Constituway my high school biology teacher described the human Taub averred that the first tion." step is to "break down the A.W.L.S. purchased a copy skeleton, "The hip bone's conpublic/private distinction that of the Sourcebook for this nected to the..." Seriously, poking needless has confined women to the year's conference, as did the private sphere." But she em- Law Library. The Sourcebook fun at the Wall Street journal, phasized that we must ex- contains over 300 pages of or economic commentary in amine our goals. Conceding bibliographic material. Along general, is not the objective of that it is hard to set goals with sourcebooks from the this article. What I do call for "without knowing what's possi- twelfth and thirteenth con- is that economic commentary ble," Taub suggests that our ferences, it is available to all be realistic and honest in apgoal should be the "world students in the A.W.L.S. office. praising the pros and cons of any economic policy decision, where a person does what (s)he Room 10. 4 mer GSL applications require a special Summer '83 Needs Analysis Sheet which can only be obtained at Financial Aid or our A&R. Applications for next Fall/Spring CSLs and ALAS Loans can also be sumbitted A View of Economic Theorists Women And The Law continued from page 1 SUSTA will be, but you should anticipate $600 per semester SUSTA for every student receiving $300 per semester in TAP. No, you should not anticipate TAP being increased if the tuition is increased. In fact SUSTA was created specifically to account for the legislature's decision not to increase TAP with every tuition increase. If any aid program is increased to compensate for tuition, it will likely be SUSTA. There are no guarantees, however, and whether SUSTA next year is $600, $900, or $1200 per semester will not be known until the summer. As always, your best advice is to do whatever is necessary to qualify for maximum TAP. For example, what would happen to your TAP eligibility if you opened an IRA for 1982 before August 1983, filed an amended 1982 tax form, and then applied for TAP? Think about it. Work/Study: Summer work/study decisions should be mailed by the Main Street Financial Aid Office in mid-May. If you haven't heard and a job hangs in the balance, call them at 831-3724. NDSL: As usual, NDSL award notices for next year should be sent out in June, getting to you in July. Be sure to sign the award if you accept otherwise the money will be transferred to someone else. economic analysis by noting that such "scientific" writing style is common throughout the social sciences. While this observation contains more than a thread of truth, to state that others embrace questionable practices is not to justify such practices in the field of economic commentary. Even more importantly, however, this proclivity needs to be eschewed because policy decisions in modern America are seldom made without extensive discussion of their economic costs and benefits. In short, economics has become the language of modern day policy making. Therefore, precisely because economics has, in most cases, very substance of public policy issues, the possibility for, or temptation to abuse economic theory becomes great, for with that scientific explanation comes persuasiveness and legitimacy. Abuses of economic theory abound in all political corners; however, an excellent example of the way in which economic theory can be manipulated is the present administration's economic justification for the large personal tax cuts it proposed and was successful in obtaining. Early in the administration's term, when inflation was still high and most economists were attributing the inflation problem to America's low personal savings rate, the administration justified the tax cuts by stating that by taxing income at a lower rate taxpayers would have more money to save and invest. However, just one year later as inflation faded and the sluggish economy became America's number one concern, the administration embraced a new justification for the same tax cuts. Lower taxes so the logic goes provide consumers with more spending power; greater personal purchasing power results in greater personal consumption which means an increase in — — economic activity. It would seem these two justifications contradict one another. If taxpayers have more money in their hands, it seems just as likely that they will save it or spend it. If they continued on page 15 �J.D. Graduates... And So Does His Creator! Trial Technique 187 Englewood Finals Graduation , r Qpi^rt»n 5 �Local Steelworkers' Union Leader Discusses Alternatives To Keep Bethlehem Plant Running by Mike Reilly This is the conclusion of a threepart series on the shutdown of the Bethlehem Steel Plant in Lackawanna. Part I and II dealt with the history of the plant and the process of making steel. The conclusion is an interview»with Art Sambuchi, the president of the USWA Local 2603. Art is also on the Top Committee in Lackawanna, which has been trying to find an alternative that would keep the plant operating. As most of the figures used in this interview are in the millions, either millions of dollars or millions of tons, the notation "M" will mean one million, e.g., = $350,000,000 Q. Art, how old are you? M $350 A: 47. Q: When did you start working at the plant? A: 1953. Q: How many people worked at the plant at this time? A: I would say about 18,000 or 19,000 Q: What department did you start in? A: Bar mill. Q: What was your first job? A: My first job was inspection in the bar mill. But when it came time to go back to Erie County Tech, I couldn't get a preferred shift in the mill so I transferred to the open hearth department. Q: What was work like in the open hearth in comparison to the bar mill? A: Well, I liked all kinds of steel work. I didn't care for the hot jobs, and I guess I was lucky because even though the open hearth was generally hot work, I never got any real hot jobs. I was a third helper at number three open hearth I guess at that time there were 31 open hearths. I guess at that time that there were 31 open hearth furnaces in three shops. Q: Did you work in any other departments? A: Yes, after the open hearths started to slow down, 1953 was a lean year, I transferred to the structural shipping yards. Q: Art, when was the first time you ran for office in the steelworkers' union? A: Well, let me see, I was in the army from 1954 to 1956, I got married in 1957 and in 1959 I ran for steward and won. After that I ran for financial secretary and got beat. In 1965 I won election as the chief steward in the structural steel department. This job meant that I represented everyone in that department. And in 1967 I was elected chief grievanceman for the whole local, which meant that I represented all of the departments in local 2603. At that time there were 25 departments in the local. that this plant is suffering from a mills. In the old system you would lack of diversification. This is what make ingots and then make either is killing the plant. slabs or billets out of them. These Q: Art, what do you mean by are also the mills that I represent. lack of diversification? We have even shown them ways to A: Bethlehem Steel is not exmake money using the inploiting the markets that exist in termediate mills, but you wouldn't the United States today. I think be world class then. that there is some type of arrangeThe other $100 Mwould go to ment between Bethlehem Steel, updating present equipment, to U.S. Steel, and even the foreign putting in your computer system, producers to stay away from cermaybe laying some new track tain markets. For example, I think where you might need it, and if that there is a market for piling possible, I would say that you bar. This bar is used to hold back should be making steel in two earth, water or sand and is in de- ways: stay integrated by making mand But due to inactivity this steel from scrap and an electric market is now dominated by furnace just melting scrap. foreign producers. Q: Then you could eliminate the Q: Art, do you have any intermediate mills, which was the evidence that the American proold way, and you could have a ducers haven't pursued this modern steel making facility for $350M? market? A: I have received the reports A: Yes, this would give you a from Merrill-Lynch and it is my highly competitive plant, equal to conclusion, based on these anything we have in the United reports, that the piling bar market States. Again, it's my opinion that, has been let go to hell. This plant is based on the equipment we have here, we could run the plant or a capable, even today, of rolling piling bar It would take 5 weeks to new owner could run the plant put the mill back in order and a with an investment of as little as $45M and make a profit. By putcapital expenditure of approximately $45M. That would comting the 48"x54" mill on line and pletely modernize the structural going to product diversification. If end, but not the steelmaking end your automobile market is going down, go to your piling bar market of the plant. Q: Why wouldn't the company or your structural market or your go into these markets? rail market. And if you wanted, A: The company said that they you could run both at the same did market surveys and that their time. long-range plans are such that pilQ. What is the Lackawanna plant ing bar and certain other steel losing per year? A: We say $11OM, the company would be too risky. The company says they have enough on line says between $120 Mand $130M. capacity today, but the figures Q: Then the union does concede don't show this. Let me tell you that the plant is losing money? something: everybody thinks that Bethlehem is in the steelmaking business, they aren't. They are in business to make money. Right now Bethlehem has a cash flow of $300 M, after they lop off Lackawanna it will be $600 M, and they want a cash flow of over $700 M Q: Art, what would it take to make the Lackawanna plant a world class facility? A: It would take about $800M the way Bethlehem ran the plant A: Everything being status quo, yes. But remember we lose money up until 1 5M tons of steel. At I,BM or 2M tons of orders we could go to a two blast furnace operation. At 2M tons we would make a profit, even the way the plant was run we made a profit at 2M tons. Q: In other words, because the capacity of this plant is in the millions of tons, it is almost guaranteed to lose money at low levels of production? A: Sure, look at a baker. If he "Everyone blames labor but I think that this plant is suffering from a lack of diversification." Q. What do you mean by that? has one oven going, what does it A: I contend that Bethlehem cost him to start the second one. didn't run the plant right. We have Your overhead is already paid, one mill that is very versatile over your cost to heat and light the there, it would take no more than place is already paid. It's only go$45 M to turn the mill into a rail ing to cost you one-third of the mill, a structural mill, a piling bar first oven. It's just the same with mill, and a slab mill. This mill steel. When you start the second would have its own soaking pits blast furnace, the cost is much less Instead, than the first. The report I gave the and everything. Bethlehem went to a 45"x90" mill IDA. (Industrial Development which is geared in strictly on Agency) stated that we could automobile steel. This was break even at 1.5Mtons based on Bethlehem's mistake, and our the current cost of raw materials. mistake too; they put all their eggs Q: Then, if this plant had I.SM in one basket, the automobile tons of orders it would not be losmarket. There's no product diver- ing money? sification here at all. A: That's right. Q: What would it take to moderQ. When was the last time this nize this plant without going world much steel was produced? class? A: In 1973 and in 1979 or 1980 A: $350M. This would include a this plant made a terrific profit. I'll continuous caster which would tell you one part I played a role in. cost about $250M. I went to Washington to meet with Q: Could you describe a con- the Congressmen about what I call Q: As chief grievanceman, what would you do? A: Well, I would handle the grievances from step 2 rep through arbitration. Usually, the lawyer would do the arbitrations, but if there were 6 or 7 arbitrations then I would do a couple of them. Q: And what other offices have you held in the local? A: I was out of office during 1973-1975 and then I was elected president in 1976. I have been reelected twice since then and am the current president of 2603. Q: Is the Bethlehem decision to shut down final? A: It is my position that a "steel stimulus." This would be a Bethlehem will never make tinuous caster? A: Steel would come right out of job work program. I am definitely another pound of steel here in Lackawanna under the name of the BOF or .whatever you were go- opposed to Reagan's policy of usBethlehem Steel. I don't know ing to make your steel in, and ing 15 to 18% of your tax dollar for what Bethlehem Steel does would be cast in a slab. This would defense. I think this is ridiculous underneath the table, if steel is be 6 feet wide, 9 feet long, and as Defense is like a no-return investmade here again Bethlehem may thick as you wanted, 4 inches, 6 in- ment, except if you think that's have a hand in it indirectly. I think ches, etc. Each slab would weigh how you get peace and security I 12,000 to 15,000 pounds. A caster don't think that's how you get it's their mistake to close the plant Everyone blames labor but I think cuts out all of the intermediate security anymore. If money had 6 Opinion April 27, 1983 been put into a job work program, you would get a steel stimulus. also sent a paper in about the believe in wheat program. feeding the world; you either feed them or fight them. However, I think that you should send it over I I as the finished product. That would be a steel stimulus. Any kind of economic activity will affect steel. If you are putting the wheat in boxes, then someone else has to make the boxes and that involves steel. If you build a road or a house, this stimulates steel. So this is what I think about when I go $250,000 pension, for upper supervision it was up to $600,000 or $700,000! And they wonder why are going broke! I think someone should have investigated lump sum pensions. Q: Is this program still in operawe tion? A: No, it was terminated in of 1983. We raised hell January about that. Q: At the national negotiations were you able to get proposals on the table which would help plants like Lackawanna? A: We were looking for a moratorium for a year. No plant closings for at least a year. But this was not in the final contract. We asked for stock options. I had a 22-point program that I was involved in. Cive me any 2 of the 9 points by I was really interested in, and they could have had the other 13 points that I thought had outlived their usefulness. Q: In the national negotiations there must have been quite a few local presidents faced with the threat of a plant shutdown; weren't you able to negotiate any restricArt Sambuchi, president of tion on these shutdowns? USWA Local 2603, A: The average person at the headquartered in negotiations looked around and Lackawanna, N.Y. thought "thank God it isn't my plant going down and if they sursomebody Washington, and to usually listens because I can talk vive maybe / will go down." Don't louder than anyone else I am get me wrong; some people did stick with us. debating. Q: Would you say that over the Q: Art, given the potential of this last 15 years there has been a policy of corporate disinvestment plant, if it's run at a decent capacity, why didn't the concession in the plant? Has this plant been package that the union offered in- deprived of necessary capital expenditure? terest the company? A: In my own departments, I A: First of all, let's talk about this concession package. I am no have seen investment take place. I concessioneer. To me, this whole really can't say about the other package has been given a departments. Although our 32" misnomer. To me it's a "trade off" mill could have used some investpackage. When in the history of ment. It was built around the turn the steelworkers have you ever of the century, but it turned out gotten a work guarantee? That's some of the best damned rail in what we are looking for. We will the country. 800 or 900 tons per trade off something for pensions. shift. But they shut it down in Pensions were the key. This was a 1977. trade off package, not a concesQ: Art, do you have any comsion package that we made. I don't ments on the fact that lohnstown know if they were hyping us, but will now supply the steel to feed they were amazed at the very way our bar mill? that this package was put together A: It will cost $29 more per ton that this package was put together to ship the steel here. Those and how we were going to work it. charges are going to have to be They said had this been three or overcome somehow; they will profour years ago it might have work- bably be taken out of our hides. ed. And we said they never releasQ: How does the quality of ed one figure, Bethlehem never Lackawanna steel compare with told us the cost of a billet. We other plants? never knew anything, everything A: The quality of Lackawanna was a big secret except that we steel was superior, as far as bar were too expensive. products are concerned, to any Q: With the pension trade off, other steel made by Bethlehem. Art, does this mean that if a job Only Republic Steel Canton were eliminated that an employee (Ohio) compared with us. with relatively low seniority (18-19) Q: How about the quality of years) would be protected? other steel products? A: No, the junior employee A: I don't know about other prowould be retrained and we would ducts, but we were Number One in offer the shutdown pension to the bar products. Why hell, we have senior employee. The shutdown just perfected steelmaking in our pension gives the worker $400 per BOF's in the last 3 or 4 years, and month in addition to his pension the structural mill was shut down 7 until he reaches Social Security years ago. We never go to see how age or goes on disability social Lackawanna's best structural steel security. would compare with other plants. People are going to say that Q: Do you have any idea of how $400 per month, isn't that a lot? long the bar mill and galvanizing But you have to remember that mill will last after steelmaking Bethlehem pensioned off their ceases? supervision with a quarter-of-aA: If the quality of the steel isn't million dollars. Bethlehem worked equal to or better than Lackawanout this program for supervision na steel, then one year from the based on mortality figures for the day we handle the last Lackawanaverage male. They found that the na billet the mill will go down. And average male lived to 74, and basremember, we had the best. ed on this they calculated what he Q: At what point in the shutwould make between now and (he down process will we know that time he was 74 years old and paid the shutdown is irreversible? this amount in a lump sum. Both A: If you hear that Bethlehem the foreman and his wife had to be has allowed the coke ovens to cool in good physical health and had to fast it will be irreversible, or if you pass a physical. Bethlehem could hear that theblast furnaces are not also figure in a 7% interest rate going to go down gradually it will over the time between taking the be irreversible. pension and 74 years of age as part Q. What about Mr. Lipke's plan? of the lump sum So some of the A: I don't know the man. If Mr foremen were going out with Lipke has a plan and wants our incontinued on page 11 Reily Mike photo — �-j M^^*Mwww^**^^ta*^ta.^t,^tM^tam^^^_mu_m^^^^mmmmmmm-Wwmm^K_mmimmmmm-m__w^^^^^^^——^^ ii \ "V —__\ ___________» ___B__ ______! AA ________ mOHV B-__P» -____l / f A if* ..,«*»» mg ' ___r __ __B jH_H__l ____v__l _r **m^: JB_*. ,7tL_B __-_r _M I"N- ______"l!"J'. I |j_^yt_ j ■ ■ n __rf** st , j2 * *r " 5, __ ___ _■____! _M __■ 4 W T HF *mis.WK --««F _T \ Ax. 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M yof 1 Bb"«s|BH , __/ IM__________E _^r _r J _ _____ __ I B «B__ _____h ____fl l_F" _A * ___Th __-U-_-B -ifj _l B t.or,»lo« >_». _2_ J««th MetondM .... *<*»*_«• -^__i » B B H 8_«_J»» |^ ithiyn Jhekaon t tJb !Lv f]« B t^^ «vtd Oolwrty ;,wl CuM April 27, 1983 " * !Mm CtflM Opinion 7 �' — • 1 • -I. ... i i ■" — Graduation CONGRATULATIONS CLASS OF'B3 LAW STUDENTS and "KIPPY" j I THANK YOU FOR YOUR PATRONAGE J | | | I{ l ACCU-TYPEsetting Resume Service 47 Christine Dr. - Town of Amherst 691-7480 { BAR/BRI .... , ~ , c Wishes Much Success to the l Class of '83 MAY 19 __ Graduation I Arena at 4:30 p.m. - Beer - Cocktail Party MAY 21 Buffalo Hilton — Open to all students, and staff. MAY 23 — — . — Graduation at Ceremony starts at 1' , -. ,n. re _x .#a Seniors must arrive b , , .. n Cash bar reception tc _ CLASS ( __ ACHIEVEMI CONGRATULATI ___~„. WELCOME ALUMNI ASS 8 Opinion April 27, 1983 �- ' ■ —•^^*~'*^***—^—^—*'^*'*****^^*mm*^mm^m^mm^mm_w__um____wmm^mm_wmmu_w^mmmmmm_______ n Activities Practice in er provided. the Alumni CONGRATULATIONS!!! CLASS OF '83 from all your friends at <<-p.. ~, KOOtie S Marty, Russ, Jennifer & Staff I | ty in the Atrium at the ;, families, guests, faculty *i | pocp Double Order Chicken Wings t the Alumni Arena 11:00 a.m. by 10:00 a.m. to follow OF'B3 lONS ON YOUR ENTS AND E TO THE I\ withthepurchase 1?^ orderwithcoupon Rooties Pump Room Millersport Hwy at Campbell Blvd herstCampus Imilenorth 8 1 8^ . e f 983 w uld a T thank the Faculty, cStaff, and SBA for their contributions towards our class *\ r° ! ° f J° - I j J n ? I | | I SOCIATION April 27, 1983 Opinion 9 �I M-rih.tt-iiii.j M_,.h.K„..,k, ____ tij_ m_ cort,,., r._L._. ■'* *" s ... _____■ , _ r.«_ ltH""°'" _____ _ to _f « _____ _»■ "* ____F_____ ■">"•"» ___ *____ H_Lll-. 'iSH F_*___r H| W| jar * __B « f_t__\ _m \Wm jj M ___ ____v muWrr__m ... 1 Fo«»». c Albert " ■ fl ____r t __t ••*&___ , __\ l_F -k _W a* W _B _____■___ _______! _____-__%■ ______m ___■ _Wi -____fl KMtoCMM* » Am* MM* Tobot s™* Opinion 1 4 .•,..«" , ' r _______k ___f � _4r_W _________\\_ _HKI_PN-__f _-_0t ■! _W- _El_B i -*i___ _■ April 27, 1983 it I '» '( H-h.. '«*«*iVlfc '\W df**** t^ ____\ «__________ W __H |Hi N^o . ____ -____!■ "* ' jB l___^_ **«*(Si $ - ■ "" •• T-. _. S m, - ____i l___n____k n__H ____■ ■wf __th 9n ' ■ * I___r v- :Hr ***" Weh Co iS ? '•«" Wid*. ■* *^ — ___ «______B pBP- wk_T __.J«te. .„ „„,» • S ■ '____ -^B W T Sf Mwy WQ4rt« -. I Bi 3mW UMw »I*N.Km*. I1 __B W______m tmwm _B_r^^^^^'^^^^^^ H^'ll"H iflHik ■ j/VI Diane Martin v v ___■ J""^ John M.,n. *_*W_m ______■ & _ _ _ _ _ _ _ _ •'' Anna ""■" _____■__' •»««*«» _ __r __r ________■ _\ ___ __, IB *k tLz? _B B__tt__ni B________L_*----'—■...9 _W\ *h-ZsW hm m y __m _J-------- _B ' Nfmi \ _\\\m._%r'<t v ____■ / 0 .j_i____B -_____!_______! ■'--'**'* __Wf*\\ 1_ ««_«<» ■_ 10 > ____ :'"*9i&*k-\ |. li __\ ________l l_____H '"""' JMIT "*" >J% ?.''■* - *' JmKl ___. « Carolyn MessanH SchuUft %■■„ H ' fl__i vj Hurt «3 ** I 1/JI _JrM||_____h. _(« __________! B-P___. m gi«?HnpiiSM| |B*_^Nili-fc-m °iF ■ .jg l_^H^____P^ X «v _JkW* *-S"*l|- - Amu CfrjMwp Uncte : H___f iZ Jooilh.,. S,.k. n "^ ShgnWd \ Mary C leary ■ » _» L t «l ___■ i S ""* Mwv Booth. KMh«i~« QtodMon. Lmitia Styk* Cynlh.. lockkwi r 3wiwJS|)vrlj ____________l J__W _____! __H jfl '' _____! °-«« Wor.tt. JO(___B- —■ J0... !>."»>■ ______Ml________k Jamas lores " J.lljG _uk.D« _l ____P Mn> m " ■ ■ * H --»t_." 9k Tl "**-.lr^ Timothy / __B_fl ____ ______i___■ _■ _____ ____fc_Ww9w______>_-um ____%*+ -_> fufrmme, 0^ tyBO ___________l WW«**««U»t M*««, ; nKte» *J««<« ( _ �Local Steelworkers' Union Leader Discusses Alternatives To Keep Bethlehem Plant Running continued from page 6 volvement he should call me. Q: Art, what would it cost to buy this plant? A: Well, Bethlehem pays $8 million in taxes and the tax rate is 17% or 18%, so the value of the plant would be about $48 million according to the tax figures we have. Q: Are you encouraged by this situation in Weiston, West Virginia where the employees have bought out of a major integrated steel facility? A: My gut reaction is that this wil be a flop. Don't get me wrong, wish them well, but they have a hard row to hoe. Without experts in marketing, sales, and buying I don'tknow where the hell they are going to go. Q: If Bethlehem goes through with its plan to shut down what will be left of the locals in I a laborer or president of the local? A: Yes, you may lose them entirely. Q: Because of the loss in steel lobs locally, is it likely that even the district (district 4 of the Steelworkers Union) may be eliminated? A: Yes, we may even lose the district, it may be merged due to the drop in membership. Q. In 1977 Ed Sadlowski ran for president of the USWA. He was a maverick with a different kind of a program. Ed came to Lackawanna and spoke at the Dompolski Hall. Would the steelworkers have done any better with Sadlowski than Macßride? A: Well, hindsight is always best, but you have to make your judgments at the time. Ed carried Lackawanna but I really can't say if things would have been different under Sadlowski. It would be unfair to say. But I will tell you I supported Sadlowski. He impressed me, he was willing to buck the system and damn it all, I'm an iconoclast myself. I ran for district director and I got my ass whipped. Q: The steelworkers were active participants in the Western New York Coalition for lobs which Lackawanna? A: Part of 2603 and 2604 would be left and they would probably be merged into one local. Right now the steelworkers hall, the John F. Kennedy Hall, is in jeopardy; we could lose it. Q: Given the general situation in steel, is it likely that the international union could pick up officers helped to create Solidarity Day. from these defunct locals and put How have the expectations which them on the staffs? you had then fared since that time? A: No. (Solidarity Day was the march on Q: So if steelmaking ceases here Washington by 500,000 workers on in Lackawanna, it is the end of the September 19, 1981.) A: Expectations? My expectaroad for everyone, whether you are "Buffalo Model" continued from page 1 that it is true U/B students must sell the school as well as themselves in order to be "It's the end of a living, a way of life... I'll never forget being steelworker." Open don't know basic doctrine. "Upper division teachers have always complained about firstyear teachers, based on assumptions about what they would have taught." He also remarked that such faculty complaints might be more off- hired, for few firms outside of the region are familiar with us. However, as Mr. Schlegel bluntly stated, "Fancy schools take fancy students from fancy colleges and put them in fancy hand comments than students jobs," while graduates of this take them for. school generally find jobs with Also discussed were the law small firms that don't plan out school's reasons for not offertheir hiring needs in advance. ing certain courses. "Why He added that the hard part is don't you as Dean who has all telling students that the jobs this power simply tell people are simply not out there. what to teach?," is a question Dean Headrick spoke next, Mr. Headrick has heard often. commenting that a good cur- At the forum he replied that riculum should have both our faculty members are balance and diversity and bright, intelligent, creative disagreeing that the present people who come to their jobs, balance is wrong. He replied bypassing more lucrative posigenerally to student criticisms tions, in order to have the that a state school should profreedom not to be told what to vide a traditional education by teach. Turning to the question of pointing out "This is New York's only state school, and the school's relatively low pass its mission is the mission that rate on the last New York State to chart Bar Exam, Dean Headrick comattracted me here the course for legal education mented, "There is no theory to in the future," and not to explain why a group of duplicate other law schools in students does better or worse on the exam." While last sumNew York. question pass rate was six points to a mer's response In concerning the heavy below the state average, some nineteen-hour class load some years our pass rate is higher than average. He feels that first-year students were rewho takes the exam anyone to shoulder last quired semester, the Dean conceded seriously and studies 10-12 that a mistake had been made. hours per day for eight weeks He added, however, that there can pass. He did add, however, was no magic in the definition that if the low pass rate is not a of "credit" and that the first- random event, the causes for it year faculty should have taken will be looked into. Towards the conclusion of into account the decreased forum, the focus shifted to of time students the amount would have for each course. the lack of a formal "I'm sorry some students for mechanism to draw students one semester were over- into the curriculum planning burdened," he said, and fur- process. While Dean Headrick generally doesn't find petitions ther noted that experimentahe feels students persuasive, progress is tion is necessary if to be made in developing a can influence the process by preparing reasoned arguments better first-year program. Dean Headrick also replied and presenting them to him to upper division students who and to faculty members. One claimed that their professors student suggested that a often express surprise when se- seminar be taught that would cond and third-year students allow students to prepare cur- — I'm frustrated, I'm demoralized, I'm down in the dumps. I've been a greasemonkey all my life and now they tell me they aren't going to make steel anymore. I was at the founders day convention for the Short Work Week Committee which said that a 32-hour work week was all that should be worked in this country. The work should be scaled down with no loss in pay. I believed that then and I still believe it now. I don't think that concessions will work. What can we possibly concede? Let me give you a figure. Let's say that there are 3,000 workers at Lackawanna and that they make $30,000 per year, and this is accepting the company's fantastic figures. Now if all of these workers worked for nothing, Lackawana would still lose $40 million per year! What are you gophoto by loanne Reilly ing to concede? If we worked for The John F. Kennedy Memorial Hall on Ridge Road in nothing they would go broke. Concessions aren't the answer. The Lackawanna, home of Local 2603, USWA. answer is taking a look at the marketplace, taking a look at the policies of our government. Let me say this, I am a capitalist, I believe in the free market system, I guess to the extent that I have a job. I think we will have to curb imports. a If we are going to have free trade then let's really have free trade and fair trade. We shouldn't let Japan dump its steel here and get 260 yen to the dollar when it is not whole life in steelmaking, you and town had a steel mill. He just worth that much. a lot of other people, what does it thought that that's how you lived you Art, your have invested Q: feel like now that you are facing When you're six or seven years old the end of the line? you just don't realize that there is A: Well, my grandfather was a a different way of life. Sure I'm bitsteelworker, my father was a ter, I've tried everything in my riculum proposals and have steelworker, I'm a steelworker, my power For me to give a nicket is them reviewed by the faculty. son will never be a steelworker. It's very, very difficult. I'll give you Such a course has been offered the end of a living, a way of life. productivity, I'll give you help in It's not going to come very easy any way, shape, or form, but I'll in the past by Mr. Schlegel. Commenting on the forum I'll take it to my grave, I'll never never give back something I being a steelworker It's the negotiate, unless I can get an after it had concluded, Dean forgetlife I've known. I pointed this equal value and maybe I even Headrick remarked, "I said only out to another newspaper reporter. my own principles a couple broke things I believe in. I wasn't try-' When my kid brother and I went of times. Maybe I accpeted less ing to convince people, or out of town one time, my kid than full value, and when that change their deeply-held brother asked my father "where's blows up in your face, how do you beliefs. I was just trying to get their steel mill, I ain't seen it yet?" think you feel? my own beliefs across." He He just took for granted that every noted that the setting for the forum was unusual, as most open meetings on the curriculum don't attract more tions? Forum... than 25 people and much of the previous feedback on the Buffalo Model has been positive. Conceding it is hard to be in touch with the views of all 800 law students, the Dean did add that he preferred smaller meetings, such as those he conducts with firstyear Research and Writing sections each year. Student reaction to the forum appeared mixed. While third-year student Rick Roberts felt that the meeting went well, he added, "It bothers me that there is no mechanism for this kind of exchange in the future." Second-year student Susan Cray added that although the meeting was a good idea, its effect was only to let students vent their frustrations and be calmed down. She said, "I still don't see answers to questions such as what to do when you have a legitimate complaint about a course or a professor." She also expressed her resentment of the administration's view that it knows best what courses should be taken. "My opinions should be given equal weight," she argued. And second-year student Mary Sullivan felt that while the meeting helped because it let people air their frustration, "It's just too bad they had to wait for a letter such as ihe one sent to The Opinion to finally address these issues." ■ New Waves Dance Dance Dance lack a dimension, but were good nonetheless. They managed to keep the dancers For the 18 couples who par- going during the 28th and 29th ticipated, the 30-hour hours, quite a feat for the feet. Muscular Dystrophy Dance Not all the bands were so well Marathon was a workout not received. Iron Cross and Moon only for the feet but for the Maiden, two heavy metal ears as well. The dancers were bands, played music that only treated/subjected to music a groupie could love. Blind Dates, if they were real ones, from nine local bands, covering a broad range of rock n' wouldn't get called up for roll styles. another one. In the middle of the The Lumens started the marathon, and .showed why marathon, Voyager provided a they're attracting a following. nice change of pace with a Their new wave style was just 4-part, a capella harmony. right to get the dancers going, However, they played mostly a middle-of-the-road, diverse and they returned for an encore set when one of the collection of top 40 cover scheduled bands failed to tunes. The Crew, which rhymes show. Although they played with the Who, also aspires to mostly a diet of 45 r.p.m. songs them and plays many of their at a 78 beat, they also performsongs. ed an exceptional slow song, Definitely the most original one they wrote themselves. group of the lot was Next Step, The Elemented played a short a last minute replacement for but energetic set, complete another band. Armed with a with new keyboardist. The guitar, keyboard, washboard newest Element doesn't take and bucket, they did a totally away from the band as had outrageous set of what soundbeen feared, but he doesn't ed like improv. They may be really add anything either. The the first band in history to play crowd tried to get the a new wave square dance, and Elements to play longer, but are probably what Devo was they had to leave early to set like in their pre-Whip It days up for a gig at the Continental. It's rumored that they play at Playing without their female Harriman's Open Mike on vocalist, the Fans seemed, ,tp. .Thursdays., ~,,,,,-, ( by Jud Weiksnar April -7, 1983 |iiV Opinion 11 �I j BAR/BRI UPDATE I 1 l. Summer Bar Review Course I § begins June 1, 1983 1 Morning Session 9:30 a.m., Room 106 1 1 Evening Session 6:00 p.m., Room 106 I Books To be distributed May 31, 1983. 1 § | I Watch For Posters I I I 2. Irving Younger CPLR tapes will be 1 available until end of May in AY Dept. Note AY Dept. limited hours. I I 3. MPRE Course will be given in August J 1 Watch for posters in July. I I j I j j DIRECT INQUIRIES TO MAILBOX 3 DURING THE SUMMER. I Best of luck. We'll get you through. j 12 I 1 BAR/BRI Opinion0 April 27; IW* r I I �, ■■^■-^_____■ ' r | The following petition was submitted on 4/14/83 to the Commencement Committee Today third year students received notices in their mailboxes that our pregraduation cocktail party is scheduled to be held at the Executive Inn. Part of the package which the class of 1983 is sponsoring is the distribution of complimentary keys to the annexed Playboy Club. The event is held for the benefit of graduatiing seniors, their parents, and the law school faculty. All would get these keys. /, / When I asked members of the committee who made this decision, how and why this choice was made, I was told that the 12 member commencement committee decided it on its own and on the basis of price. (Apparently one member of the committee gathered "data" regarding accomodations, price, etc. and found this to be "the best deal.") It would certainly seem that factors other than price should be taken into account, also. I have no doubt that our class would not hold such an important event at a facility which excluded Blacks or Jews or which required women to use a separate Why then hold it somewhere which franchises "entertainment" exploiting women as sex objects? To advertise the Playboy Club by our giving free keys is particularly appalling. We are talking about spending thousands of dollars at a place which many members of our class find highly offensive, What individuals choose to do with their time and money for entertainment purposes their own business. What our class spends its money and energies on should be decided by and perhaps a sensitive, thorough searching class vote. Such a choice is an important _ntrance. - statement. Many faculty members and students will not attend this otherwise joyous celebration unless its location is changed. We believe this choice was made without enough sensitivity to important human rights issues and is in extremely poor taste. We trust that now that the committee realizes this, the location will be changed. THEREFORE, WE, the undersigned, object to the Class of 1983 holding its pre-graduation party at the Executive Inn. Earl R. Pfeffer Frank Butterini Gerald Allen Mark Rasch Christine M. Kroetsch Deborah E. Nicosia STUDENTS Colleen A. Brown Barbara Schifeling Paula A. Smith Diane Wray Cindy Kanterman Janet Molly James Maura Sylvia Fordice Michael Sexton Gunner Roach E. Metzler Desmond Katherine Gladstone Judith Holender Judith Romanowski David Moretti Linda Nenni Enid Tannenhaus Lorraine Koury Susan Dowd Gary L. Cutler Hilde Neubauer Amy Stromberg Rea Adler Mary Home Alan Solarz Amy Ruth Tobol Herbert Eisenberg Jim Loree Frank Bolz Bradford Riendeau Kevin Casutto Albert Foster Linda Detine Yvonne Spallino Stephen C. Hal pern Joyce Ferris Petronio Michael F. Gautieri Richard E. Alexander Ronald Paul Start Robert Lane Jr. I j 1 I Michael McGory Beverly Ungerer Jeannette Ogden Josephine Finn Angela R. Reyes Donna Humphrey Lori J. Marian Jane Markle Shelley A. Reback Peter Einstat William E. Coplan Kathy Piech Sue Stremick Anne Di Fonzo Laurie Styka Glenn Frank Barbara Kavanaugh Gary Games Nancy Young Ruth Baum ; FACULTY Marjorie Girth Louis A. DelCotto Robert S. Berger W. R. Greiner Ken Joyce Virginia Leary Elizabeth Mensch Barry S. Boyer Barbara Blumenthal Janet S. Lindgren James B. Atleson Alfred S. Konefsky Susan Carpenter R. Nils Olsen, Jr. Charles E. Carr Vivian Garcia Allen Carrel Thomas E. Headrick Richard Sullivan David M. Engel Jacob Hyman Errol E. Meidinger Philip Hal pern Isabel Marcus Paul J. Spiegelman Louis S. Swartz Joseph Gerken Milton Kaplan April 27,1983 - Opinion 13 �. Nets' Brown Breaks Contract & Fans' Hearts by Nicholas Capobianco When Larry Brown resigned his job as head coach of the professional basketball team known as the New Jersey Nets, no one expected him to be out of work long. In fact, later that same day, Brown signed a multi-year contract to coach the Kansas University basketball team. Larry Brown is a talented, much wanted basketball coach who just can't stay put very long. In less than four years Brown has had four different coaching jobs. He quit the pro team, the Denver Nuggets, in mid-season to return to the emotional college game at powerhouse UCLA. Two years later, upset over his inability to relate to the brash spoiled college athletes, he left the college scene and took the head coaching position at New Jersey. What makes Brown different from other transients is that each time Brown has left a coaching position he has left a long-term contract behind. Technically, each of Brown's former employers could have sought an injunction against him enjoining him from work- years at New Jersey, Brown responsibilities to the players abandoned the cause once and then you go, well.. " And again. This time, however, the what about Brown's responDick Williams from managing ramifications were even more sibilities to the fans who paid the New York Yankees during distressing. Brown left the his salary and expected him to the summer of 1974, claiming team two weeks before the live up to his four year deal? Of course, Larry Brown will that Williams still had one year playoffs were to begin, leaving be admonished by the media remaining on his contract with what had been a very sucthe Oakland As. Finley, cessful campaign in turmoil. and his credibility will suffer, however, was an eccentric After spending nearly two but he will go on coaching inowner. The usual business years of molding a struggling without courtroom terference. As long as the acpractice emerging in the sports ballclub into a legitimate con- ing for anyone else. Charley Finley thought nothing of doing just that when he enjoined tender and speaking to his players, many of them young players that he had drafted, about teamwork and trust, he defected at their most crucial hour. People were not only shocked, they were hurt. Bill Blair, the interim coach who is stuck guiding the lost elsewhere. So, if everyone is so happy, ship, was persuaded to leave what's the big deal? Unforhis secure college coaching tunately, third parties have position to follow Brown to New Jersey. When Brown took gotten hurt by Brown's impetuous moves. When Brown off, he left Blair behind with a left UCLA, a place he sup- one-year contract that will almost certainly not be renewposedly needed because "college kids will listen to you," ed next year. Blair recently said, "This is a many of the athletes that he had recruited felt cheated and team that was shocked by lied to. If they had known that Larry's move and there's at he intended to desert midway least one guy who took it very, through, they might have very hard. If you make statements about how you are played basketball elsewhere. After almost two successful going to stay and about world appears to be letting high-priced coaches out of the remaining years they have on their contract. It makes sense. Few universities or professional teams can afford to pay an expensive unhappy coach just to keep him from working tual parties involved agree to part, the law takes little interest in what happens to innocent third parties who get hurt. Legal scholars may argue over the importance of the autonomous contractor but the law should address the greater good of community responsibility and help protect us from individualists like Larry Brown. Scholarship Awarded Second year U/B Law student Melvin Parker is the 1893 of the Thurgood Marshall Scholarship Award, granted by the New York State Trial Lawyers Association. recipient * TVPin9 Thesis Term Papers Cover Letters • Resumes Look us up for all your printing needs! ° pen „~ 9:30 a.m. 4:30 p.m. Wed. until 8:30 p.m. - Opinion 14 April 27,1983 •Typesetting • Stationary • Process Camera Work 'Invitations �Law School Organizations Elect New Officers resource index to be accessible to those students wishing to study abroad, a larger involvement in the annual Jessup Moot Court Competition, and the publication of a periodic newsletter. The organization also has hopes of bringing speakers to the school and ILS The International Law Society held its annual election of Officers as scheduled, on Thursday, April 14, 1983. Outgoing Chairperson, Dana Brutman, presided over the elctions with the following results: Chrysanthe Vergos, Chairperson; Tracy Kassman, Secretary; Kevin Yeager, Treasurer; Jeffrey Johnson, Jessup Competition Coordinator; and Kurt Amend, Kimberly Copeland, and Dan Dewar, Directors. Of the seven possibly organizing a symposium to deal with career choices in international law. All in all, the emphasis of the meeting was on giving the ILS a greater role in the school and channeling activities to meet the needs of students and faculty in the area of international law. The ILS would thus officers, only one, Kassman welcome any suggestions has previously served as an ILS students and faculty may have officer. concerning next year's acThe outlook for 1983-84 is tivities. Office hours are: bright as the newly elected of10:00-1:00, Monday, Wednesficers have vowed to seek the day, and Thursday. All those more active participation of interested should feel free to students and faculty in the drop in and discuss any ideas organization and to enlarge they may have. Written suggesthe scope of ILS activities. tions are also welcomed and a Discussed were the suggestion envelope has now possibilities of setting up a been placed at the ILS office, POEM by Andrew Friedman It's not a set of thoughts that I can name or something that is there within my heart It's not a haunting ghost like memory or dreams that trouble me in sleep It's rather just a thought that something's wrong Just like a room that's dark without a window, A radio on which the sound knob sticks A rock tune missing drurrts, rice without salt,. or custard without sugar not quite right You have to think to place your finger on it But right away you know that something's wrong You know that something's missing, and you know That you can't quite enjoy things as you should or live at peace with your daily life And though you rarely cry, it takes your smile And sometimes laughter sounds a little hollow And makes me wonder if it's worth the bother — troversy, Curran and Gulino, for respondents, unanimously won the final round against St. John's Law arguing School. Commenting on the quality of the St. John's team, John said "it was a hell of a good round," adding that the other team, comprised of two third-year students, was in a way relieved not to win, and thus not to go onto the national Competition while studying for the bar exam in July. Len, commenting generally on the quality of the other teams, noted that some of them, while very good, "seemed stiff," quoting precedent merely for the sake of quoting added, "For the precedent. He first time, I felt our curriculum has credence," for it helps U/B law students develop a more flexible approach to legal we would analyze a complex problem without a professor looking over our shoulder." He added that while moot court competitions involve a lot of hard work, "they let you see what it's like to analyze a problem, get a feel for the law, and then argue. It's like the real world." r\ competition. "We worked very hard, but then, most people did. It was good to find out that we were good," John concluded. Reflecting on the value of the competition, Len concluded, "It was good to see How To Pass The Bar Exam by Barb Barton Students experiencing anxiety about taking and passing the Bar exam should consider investing $10.95 in the recentlypublished book Pass This Bar, by Loretta Walder (John Wiley & Sons, Publisher). author, The a psychologist/attorney, is a licensed New York psychologist and is admitted to the New York Bar. She conducts a Stress Clinic, affiliated with the Bar/Bri Bar Review course, in New York and has counselled a number of students preparing for the Bar. Not surprisingly, the book is written from a psychological standpoint. It will not teach you how to recognize "trick" questions as LSAT-preparation books may have done; indeed, there is no way you will be able to avoid studying for the Bar. What this book will do is to help you to organize your time, cope with the stress of the exam and help lessen your guilt about letting the rest of the world slide at Bar exam time. The book is divided into two parts. Part I is a week-by-week approach to the exam; it tells you where you should be in your studies as time progresses and what to do if you're not there. It suggests possible schedules for working and nonworking students to follow and also provides schedules of PROCESSING Hype - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when editing drafts Repetitive Work at Reduced Prices Xeroxing, Printing, Hulk Mailing 16 Types!yles & Symbols to Choose From Printed lo look like Typeset Or Typewritten '■ economic commentators spend it then the inflation proemploy the same "scientific" blem is intensified. If they save style as their counterparts in it then there is no impetus to the natural sciences, these commentators not only economic activity. Whether the administration mislead, but they also lend embraced such contradictory credibility to those who seek rationales because it felt the to use economics not to tax cuts are so essential for the enlighten, but rather to pergood of the national economy suade. Without injecting that any means utilized reason and caution in their justified the ends sought, or writings, the economic comsimply because it has been at- mentators' writings become intempting to legitimize partisan distinguishable from partisan policy making, are questions politicans' economic rhetoric. that go beyond the scope of Tragically the voting public this article. My concern, becomes accustomed to this however, is that the voting form of analysis. Once to such anesthetized public is often being persuaded by groundless economic manipulations, the general public loses its ability to justifications. submit that when critically evaluate politicians' I WORD problems. Although it rained all weekend and he didn't get a chance to see much of Brooklyn, John says he enjoyed the — continued from page 4 Advocacy Winners... Despite the procedural con- Johannes; Managing Editors: Grue, Tom McCarthy, Al Carol Gundel, Jon Webster; Sheridan, Ray Stilwell. Editor-in-Chief: Ken Schoetz; Executive Editor: Tim Brock; Publications Editors: Al Bozer, BLSA the law school community. Chuck Cercone; Note & Comment Editors: Dave Marcus The Black Law Students Head of Dept., Tom Ginter, Association held its annual Arlene Hibschweiler, Irene elections on Thursday, April 14 Law Review Hirata, Peggy Lillis, Mary and the results are as follows: The Buffalo Law Review is Salhus, Dan Venuti; Book President: Michelle Hutchinpleased to announce the Review Editor: Dan Joyce; son, Vice-President: Chris Renresults of elections for the Senior Members: Sandi Blitz, froe, Treasurer: Osborne 1983-84 Editorial Board: Jean Corigliano, Marilyn Carter, Secretary: Sonya Tate, Articles Editors: Leora Ben- Ducato, Seth Fitter, Bill and Community Liaison: Ami, Perry Binder, Elizabeth Gillmeister, Susan Gray, Tom Dewette Aughtry. Book Review Economic Theorists... — continued from page 1 604 O'Brian, for this purpose. Please take advantage of this opportunity to participate as it will better enable the organization to serve the interests of Pick-Up & Delivery Available All Work Guaranteed Gall Proto-Type - 883-3348 Ask For Randy practice for both essay questions and the Multi-state. Part I ends with practical test-taking techniques. Part II focuses on psychological strategies for passing the Bar: avoiding panic-stricken fellow students, adopting positive thinking about the Bar, motivating yourself and preventing stress. Pass This Bar addresses itself to the mental problems associated with taking the Bar and attempts to alleviate those difficulties so that the student can focus his/her energy on learning and studying rather than wasting it on needless and wasteful worry. One word of caution: this book is only a helpful as the reader is willing to follow its advice. economic rationalizations. The public does not perceive politi- cians' analysis as incomplete, or perhaps fallacious, but is rather convinced by specious political rhetoric. Of course my comments assume there is indeed a different motive behind the writings of economic commentators and election conscious one to enlighten politicians and the other to persuade. This may, undoubtedly, be an erroneous assumption. If indeed the commentator is trying to persuade, my comments can only stand as a reminder economics is not an exact science examine carefully the rationales of those who use it as though it is. — — — BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS | Knowing how to analyze complicated essays, confusedly I combining several fields of law, and writing coherent, ■ logical and consistent answers thereto, can make the I crucial difference in passing the Bar Exam. Why not get the I feel of 16 very difficult Bar Exam questions before the July, X 1983 Bar Exams? Thousands of students, for the past 40 analysis I years, have been convinced that the approach and style techniques and methods they need at THE g KASS PROBLEM ANALYSIS CLINICS were essential to their I success on the Bar Exam Six successive Sundays, starting June 12, 1983, from 1 to 4 I p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, i N.Y.C. Tuition Fee: $150 ft Taped course to be held at U.B. We were over-subscribed in our last 10 series! Buffalo Agents: Mark Reisman & Rick Roberts — — | 1 KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH3-2690 March 27, 1983 Opinion 15 �r ; —■ ■— : ■■"" ■ _ • _•_•_•_•_•,_• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •••••••••••••••••••••••••••••••••••••••• • • >• >• The Producers of THE OPINION Wish to >• Thank Their Fantastic Cast and Grew \ # • I ;'. for a Great Year! Special thanks to our !• retiring CAST OF CHARACTERS: • \ • *• .* • • ■ _ _ * 1 \\\ i^\' ib • __ _ IB ■I t-<m WM /■ *————} ■ I __k 9 *** __i . A 1 • Also, Kudos to our # !I- retiring Senior staff Michael McGorry - m • \ •• •• '\-"i____ **\*i___h ._f"' *'*__!_i_til____S ! _v • • __r^^^_K .• y 0^n stegmayer •* And of course, our ]• Gary Games \ ___ vi w'tttM # •• tmm ____H fIH # • # ■-___ ■i_____ji________i^__»i___________ ■ / # In the supporting roles: _-_-_i-----k. ___ •• m Glenn Frank Earl Pfeffer I .*; ■• • _______ • :•• _ > In the leading roles: • •• • ' Executive Producer: j; mKjm \ • . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/116349f4b5bb2fe3776dee7db999a6c3.pdf bec6742dedb62bd9c4f317395411c13d PDF Text Text Vol. 23:12 TO HE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Apr. 20,1983 �Use Of Nuclear Weapons Violates Int'l Law Introduction by Professor Virginia A. Leary The request by the Editor of The Opinion to contribute to the special issue devoted to military and nuclear policy arrived at an appropriate moment. Several weeks ago I received an invitation to join the Consultative Council of the Lawyers Committee on Nuclear Policy. The letter of invitation explained that the "Lawyers Committee was formed by lawyers and legal scholars who are concerned about the threat of nuclear war and the an international lawyer and will the legal basis for this opinion soon accept the invitation to and is an excellent statement join the Consultative Council. I regarding nuclear weapons in intend to be active in educating myself and others concerning legal 'questions raised by nuclear weapons policies. The Lawyers Commitee is compos- ed primarily of international law professors and scholars. I have since learned of the Lawyers Alliance for Nuclear Arms Control which has a number of local chapters throughout the United States and addresses itself to the broader legal community not only to international catastrophic consequences lawyers. There may be other should nuclear weapons ever lawyers'organizations concernbe used. The purpose of the ed with nuclear weapons quesgroup is to initiate a dialogue tions which have not come to on the legal status of nuclear my attention. weapons under international The editor of The Opinion law. By subjecting the basic asked me to contribute an artiassumptions of nuclear cle to this issue on the subject weapons policies to critical of the legality of nuclear legal scrutiny, we (the Lawyers weapons under existing internaCommittee) believe that we can tional law. During my recent contribute significantly to the reading on the subject I had present debate about nuclear come across several excellent articles and decided rather to weapons." A number of international suggest that he reprint the law professors are members of following article by Elliot L. the Council and I had decided Meyrowtiz, a lawyer and executive director of the New when time was available to read through the various arYork City-based Lawyers Comticles sent to me relating to the mittee on Nuclear Policy. legality of nuclear warfare The Lawyers Committee under international law. I have takes the position "that internanow done so. My field of tional law, which already prospecialization is not the laws of hibits the use of weapons and war and I had successfully tactics which cause wanton placed at the back of my agen- and indiscriminate destruction da a consideration of the legali- and unnecessary suffering for ty of nuclear war. I am grateful innocent civilians, makes the to the Lawyers Committee for threat of use and use of nuclear having brought the problem to weapons unlawful." The article the forefront of my concern as below by Meyrowitz develops — — — international law. International law alone may not provide formidable inhibition for the use of such weapons, but as Richard Falk has pointed out, "as part of a broad public effort to resist the drift toward nuclear catastrophe it may play a useful role." "Nuclear Weapons are Illegal" by Elliot L. Meyrowitz (adapted from Falk and Sanderson, Nuclear Weapons and International Law, Center of International Studies of Princeton University. Published in California Lawyer, The State Bar of California, Vol. 2, No. 4, April 1982). Are nuclear weapons illegal under international law? Since 1945, this question seldom has been addressed by the American legal community. Indeed, lawyers quietly have disengaged themselves from the debate about nuclear weapons. For lawyers to remain silent on an issue of such overriding importance is ironic: Throughout American history, lawyers in particular have upheld a proud tradition of social activism in the public interest. The abolition of slavery, women's suffrage and the right of labor to organize all were bard-fought battles in which attorneys played a significant role. In recent years, lawyers have fought for civil rights and liberties, were instrumental in developing legal the arguments in opposition to U.S. involvement in Vietnam and provided legal assistance to the opponents of the war. During the past decade, lawyers have been prominent in the struggle for consumer rights and environmental protection. Policymakers and private citizens alike share a prevailing belief that nuclear weapons are legal. The official position of the United States, as found in its military manuals, is that a nation may do whatever it is not expressly forbidden from doing. Therefore, the reasoning goes, since international law has not generated a duly ratified treaty banning nuclear weapons, there is no foundation for contending that nuclear weapons are illegal or prohibited. However, the legality of House of Representatives Editor's Note: The following excerpts of remarks are taken from the Congressional Record, Dec. 1,1982,pp. E4807A809 Extensions of Remarks. Hon. Thomas J. Downey of New York in the Wednesday, December 1, 1982 - time, there has existed a signifi- Massive Retaliation America is the only country political-technological crisis that centers on the funthat has used nuclear weapons On Monday, April 11 the damental questions of our against an enemy, in President's Commission on time: What is the purpose of Hiroshima and Nagasaki in August 1945, in an apparently Strategic Forces submitted its our strategic nuclear forces successful attempt to terrorize report on the MX and arms deterrence or fighting a prothe civilian population into control. They recommended, tracted nuclear war? For most people, the connot surprisingly, that 100 MX surrender. As a result of this, Missiles each armed with ten troversy sounds a lot like the Russians could see what warheads be placed in existing peace versus war; they choose lay in store for them were they to incur the wrath of the Minuteman silos in the im- their sides and vote accordingmediate future, and that the ly, and that's that. But it is not United States after the War. America had the A-bomb, U.S. government undertake the so simple. This article attempts long-term development of a to explain what technical, the whole world knew exactly cheap single-warhead missile historical and political realities how well it worked, and that in the decade ahead. These lie behind the present crisis. In we could use it; furthermore, two recommendations con- order to understand today's at the end of the War, we had crisis, one must go back into bases all around Russia, with tradict one another. In 1979, the Carter Ad- the past and see how things long-range B-29s ready to ministration proposed a plan have stood between Russia strike out if necessary with to rotate 200 MX missiles in and America in terms of the atomic weapons. The Russians 4,600 concrete silos out in the balance of strategic forces, had no bases on our perimeter, Nevada desert. This was because every change, every no intercontinental bombers, defeated by critics who show- new development occurs in and no deliverable atomic ed how it would be vulnerable the context of an on-going iricontinued on page 10 to enemy attack. Since that teration of forces. cant — The specifically prohibiting or restricting their use. Any reasonable analysis must take into consideration all the recognized sources of interna- tional law — treaties, custom, general principles of law and judicial decisions. Of particular relevance in evaluating nuclear weapons are the many treaties and conventions that limit the use of weapons in war, the fundamental distinc- tion between combatant and non-combatant and the humanitarian principles that may prohibit the use of weapons and tactics that are especially cruel and cause unnecessary suffering. A review of these basic principles and documents supports the conclusion that the threat or use of muclear weapons pursuant to a doctrine of massive retaliation, mutual assured destruction, counterforce or limited nuclear war is illegal under international law. Ever since the Declaration of St. Petersburg of 1868, the principles of humanity have been asserted as a legal con- straint upon military necessity. continued on page 6 Rep. Downey Criticizes Reagan For His Untruthful Statements •onMr. The History Behind The MX by Charles A. Haynie Tolstoy College (F) nuclear weapons cannot be judged solely by the existence or non-existence of a treaty Queen City-As We Know It DOWNEY. Mr Speaker, November 22, President Reagan took to the airwaves to Submarine-launched missiles announce his support for the system. ICBM Densepack MX (1) Completed deployment of 41 adThe merits and demerits of this vanced ballistic missile submarines of weapon will be debated in George Washington, Ethan Allen, and Lafeyette classes. detail during the coming days; (2) Launched four still quieter and it is not my purpose to belabor more advanced Ohio class submarines. (3) Deployed three versions of the that point today. But in the process of making his case for Polaris submarine-launched ballistic first Densepack, he described the missile. This was the world'smissile. underwater-launched ballistic relative strength of United It was also the world's first solid-fuel Staes and Soviet strategic SLBM, and except for a single ship forces in terms which were equipped with their unsuccessful misleading and inaccurate on SSN-17, the Soviets have yet to deploy a solid-fuel SLBM. numerous counts. (4) Replaced the Polaris missiles with So that my colleagues may the Poseidon the world's first have an explicit factual multiple-warhead (MIRY) SLBM by a background on which to margin of 8 years. (5) Replaced one third of the evaluate President Reagan's Poseidon SLBMs with the larger yield, — claims, here is a point-by-point discussion of them: . 1. The Meaning of Deterrence President Reagan: "This nation's military objective has always been. deterrence (which) is a matter of other knowing that standing conflict would be more costly to them than anything they might hope to gain." Fact: Here Mr. Reagan is precisely correct. If his words and deeds were consonant with this principle, the na- tion would be well served. Unfortunately, this has not always been the case. Many of his words, in? eluding those in the speech now under discussion, seem to try to tell the Soviet Union that he believes us to be inferior, that he lacks confidence in our own military strength, and that therefore the Soviets can gain from starting a conflict because we will not fight back. To thus denigrate U.S. military strength is both a disservice to truth and a highly risky position for any President to take, in that it encourages Soviet aggression. I am unable to see what Mr. Reagan believes the nation can gain from his creation of this national security risk. 2. Buffalo's waterfront would have a different look after nuclear war. See page eleven forwhatwe can expect if a 20-megaton bomb is'ever dropped on the Queen City. which we, not the Soviets, have been continually pressing the leading edge of technology; in almost all cases, the Soviets have merely followed in our footsteps. These are some of the specific steps we have taken in the course of the strategic arms race: The Arms Race President Reagan: "The truth is that while the Soviet Union has raced, we have not." Fact: During the 20-year period considered by the President, we have .engaged in a massive arms race in longer range Trident I. (6) Begun deployment of the Trident I missile in the Trident ship. Air-breathing weapons (7) Completed deployment of the B-52 bomber force. To this day, the B-52 carries a heavier payload over longer range than any operational Soviet bomber. (8) Completed deployment of the FM-111A strategic bomber. With its fully automatic terrain-following radar and escape capsule, it remains more advanced than any deployed Soviet bomber. (9) Completed deployment of the Short Range Attack Missile (SRAM), carried by both B-52s and FM-111AS. This missile, for which the Soviets have no counterpart, is for practical purposes immune to any known or expected defense. With its very high supersonic speed and very small radar image, it frees our bombers from the need to overfly their targets. (10) Progressively upgraded and modernized the technology of the B-52 electronics, although not to the limits of today's technology. (11) Begun deployment of the superaccurate, long range strategic Air Launched Cruise Missile (ALCM), which is many years more advanced than any Soviet cruise missile. (12) Equipped the B-52s with devices for simultaneous quick-engine start /ntercontinenta/ ballistic missiles (ICBMs) continued on page 13 �Doonsbury by Garry Trudeau Moms Push For Peace To the Editor: "I was doing the best damn job I possibly could raising my kids and suddenly realized that I wasn't getting the-whole picture." The Orchard Park Organization for Nuclear Disarmament is a group of mothers of young children who are committed to making the world a secure and hopeful place for our kids to Commitment To Civil Disobedience destruc- conflict resolution obsolete; tiveness but also the likelihood now mutual annihilation could Paul Laub is a 21 year old of war. Our President has likely replace resolution. Thus, biochemistry major here at recently sought funding for the I cannot cooperate in any way SUNYAB and is an active "Peacekeeper", 100 missiles with a military force clearly member of the Western New having 10 nuclear warheads preparing for, planning on, and York Peace Center. This article each, and the Soviets have threatening the initiation of is Paul's statement why he has vowed to respond in kind if nuclear war. Instead of complying with refused to register for the draft, these MX missiles are currently a crime punishable by deployed. Personally, having what we cannot be a part of, a maximum $10,000 fine and been born in 1961,I am legally many people have chosen to obligated to register for the violate openly the Selective five years imprisonment. draft so that I, a health scien- Service law by refusing When I peer through a tist in training, will be ready to cooperation. In contrast to the means of action of the United microscope into one of the learn how to kill. many small plastic flasks in I am refusing to register for States and the Soviet Union, which I am growing mouse the draft at the risk of convic- the two nations most responsiconnective tissue cells, I extion as a felon and am no ble for the nuclear threat, we perience a sense of awe and longer morally able to remain act without secrecy, nonmystery at the perfection and secret about my action. violently, and nondestructivebeauty of nature and Life. Hiroshima and Nagasaki have ly. In doing so, we are not only Cells, growing, dying, rounded, provided us with a glimpse, a creating controversy in hope spindle-shaped, fill the field of microcosm of what awaits if. of making the government reconsider its policy, but also view. And likewise, in William our course is not soon changBlake's poetic illustration of ed. What is needed is extraor- depriving it of the bodies and the experience of Life in dinary action guided by the dollars (in the case of war tax "Songs of Innocence and Exdeepest-of our motivations — resistance) needed to make its perience" and in my growing Cod, conscience, the Inner policy work. Civil disobeby Paul Laub ing understanding of how a few not only the Light. basic concepts of physics I have rejected the option of seeking conscientious objector status because, by cooperating with Selective Service in registering now and hoping (with no certainty by any means) for a CO classification when inducted, one is relinquishing one major opportunity to express- dissent now, when time is crucial. More seriously, merely by cooperating in seeking a privileged exemption or deferment one is affirming the legitimacy of Selective Service and helping it to function more within us and around us, we smoothly in sending others have, with the more than including a disproportionately 50,000 nuclear weapons now in large number of minorities and existence, gravely threatened poor people involuntarily our own human Life and the off to war. ecological balance sustaining Ethics aside, in conflicts it. Unconstrained by adequate where nuclear weapons could concern, technology, in makbe used, the risk of nuclear war ing nuclear weapons smaller and its destruction makes the and more accurate, is increas- use of violence as a means of begin to definethe functioning of the entire universe, the reverence is the same. We stand with our noses almost touching an impressionistic painting, needing only to step back to witness the unification of the seemingly random dabs of knowledge into a coherent mosaic. Intruding into our world of meaning subtle and transcendence is the antithesis, violence and its thoughtlessness. Abandoning humble respect for all that is — — mistrust of the Soviet Union, 3 OrtWfcmo AWjt>?qi/.im., that we assume responsibility, stated as one of the principal conclusions of the Nuremberg Nazi war criminals trials, embodies the importance of acting in accordance with the dictates of conscience. Where law and conscience conflict, we should take Thoreau's advice and "be men (and women) first, and subjects afterwards." Undeserved suffering resulting from following the conscience could serve to strengthen individual will and commitment and would certainly be small in comparison to the suffering of nuclear war, happening perhaps because we let it happen. I believe that civil disobe- — Suzanne Aghello Orchard Park Organization for Nuclear Disarmament Inner Logic of MADness Editor's Note: How many of us have wondered just what goes on inside the heads of military planners? But few of us have ever wondered what goes on inside the head of a political scientist wondering about what goes on inside the head of a defense analyst. Cease your wondering and read this. by Jerome Slater Dept. of Political Science Recently I had the oppor- meetings and other activities. The club does presentations, ty members at Mount Mercy sponsors films and attends the Academy in South Buffalo organized demonstrations (of started the "No Nukes" Club. interest to members) which are The club's purpose is to sponsored by the Peace Moveeducate the public and its ment and the Anti-nuclear Club at her school and is cur- membership on the issues at organizations. It is the basic concern of our rently its president. After hand and to get people active graduating high school, Bridget in the peace movement. In this members that weapons create an uncertain future for young plans to major in Environmenway, people can form responsital Science and study Wildlife ble opinions and take produc- people and these same tive action against the nuclear weapons are dedicated to the Management. threat. destruction of human life. We The organization started in no longer view nuclear bombs by Bridget Fitzgerald September of 1982 and holds as a deterrent; they are an imWith the growing talk and formal meetings every second moral menace to life itself and publicity throughout the world Wednesday at 2:35 p.m. in the insanity that produces concerning the issue of Room 19 at the Academy. them or seeks their justificamilitary spending, the arms Everyone interested is tion must end if life is to conrace, nuclear war and the welcome to attend our tinue. concerned students and facul- even if it means violating law. The requirement dience is much more than only a tactic; it illustrates a new approach to conflict. In a society where domination, coercion, dience of this type done open- and exploitation are so ly and nonviolently can benefit ingrained in our mode of democracy by providing an thinking, the openness and reavenue of extreme dissent jection of violence implicit in toward a particular policy civil disobedience serve at while still respecting the least to remind us how human government's legitimacy. even our most despised adverUltimately, the issue is tak- saries are. High Schoolers Cry "No Nukes" Bridget Fitzgerald is in the 12th grade at Mount Mercy Academy in South Buffalo. She attended the Rally Against Nuclear Weapons on June 12, 1982 in New York City. Later she helped form the No Nukes ing responsibility for one's own actions inherit and to discouraging the wasteful and immoral defense spending which prevents the distribution of food to starving children. It started as a classic "supermarket experience" two mothers sharing the overwhelming concern of the nuclear threat and the frustration of believing they could have no influence on the policymakers. But they committed to do what they could. The most difficult of all was coming to grips with feelings of fear which are so much easier to avoid. Feelings are put into action through reading and book discussion, slide presentations, guest speakers and movies which are offered to the public of the Orchard Park area. Members collected hundreds of proxy forms and presented them to our senators and congressmen last month and are actively involved in letter writing and telephone campaigns to stop the build-up and support a long overdue and critically needed nuclear weapons freeze. OPOND is a small but active group of private citizens who wish for a safe world to raise their children. tunity to speak with a senior member of the Reagan Administration responsible for the development of American national security policy. I asked him to explain the Administration's nuclear policies, and in particular why it was opposed to the freeze. I here report his response. "We in the government are greatly alarmed at the current movement for a nuclear freeze, and we feel you need to understand why, far from already having sufficient nuclear forces, the United States must undertake a vast program of nuclear rearmament. First, it is necessary to understand the basic structure of our current strategic posture, which is 'mutual assured destruction.' Lately, critics of mutual assured destruction have become fond of the acronym 'MAD;' for brevity's sake I will adopt this acronym, but of course without the pejorative connotations. MAD was founded in the late 1950's and early 19605; At that time it was decided that we should design a nuclear force that would be capable of deterring any Soviet attack against either Europe or the United States itself so long as Soviet leaders remained even minimally rational. The key assumption of our analysis was that an American force that would kill at least 25% of the Soviet population and destroy 50% of its industrial capacity would meet this criteria. The figures may seem somewhat arbitrary, but they were based on the fact that the Soviet Union in World War II accepted some 20 million deaths arid widespread devastation, yet survived and recovered to become a superpower in rather short order. Computer analysis demonstrated that some 300 U.S. nuclear warheads impacting on Soviet targets would provide the required 'assured destruction.' Of course, this was perhaps a somewhat conservative assessment, since some analyses showed that 300 well-placed warheads would kill one-third of the Soviet population and destroy up to 75% of its industry. Moreover, it must be admitted,. this destruction would result from only the immediate effects of blast, fire, nuclear attack short-term fall out; in reality, of course, there would be considerable bonus damage from the longer-term effects of starvation, disease, exposure, radiation, poisoning, economic breakdown, social disorganiztion, and the like. But MAD strategists rightly ignored these bonus effects, for in calculating the answer to the central problem of deterrence — continued on page 14 �The Navy's View: You Can't Trust the Russians 'A Freeze Threatens Editor'sarticles firstThe Our Nation's Security' and December Note: following appeared in Navy Times, 20,1982, are reprinted in their entiretwo ty by Capt. J.F. Kelly Jr., USN Proponents of a nuclear freeze, flushed with election day successes, are now pondering their next moves. Nearly 30 percent of the nation's electorate in nine states cast ballots on November 2 that contained some form of nuclear freeze initiative. The result was a decisive show of public show of public sentiment favoring a freeze. Less decisive, perhaps, is any notion of what to do about it. by the growing grass-roots support of the freeze movement while still hanging on to some comfortable caveats, such as the need for a mutual verifiable freeze. There's the rub, of course. But "what comes next, now that the voters have spoken? There will be resolutions drafted by state legislatures, meaningless to be sure but useful for letting off steam. The vote will be taken as a mandate by groups who will now demand action of the adIt is easy enough, I suppose, ministration. Exactly what acto generate popular support tion will be unclear, but it most for a freeze. Favoring it is likely will center around some rather like being for "peace" initiative or proposal to the or "justice" or "liberty". It sounds so right that it much be somehow evil to oppose it. It is the sort of cause that cautious politicians hasten to espouse because it is safe. It is a politically risk-free cause because it is so general and broad. One can stand behind its banner and benefit Soviets. The movement will blossom on the campuses and, for sheer emotion, will surpass the zeal and passion of the antiVietnam demonstrations of the late '60s and early '70s. There will be student rallies for an "end to nuclear madness" and there will be teach-ins and vigils by concerned faculty and scientists. Scholars need a political and moral cause to enliven the education process, you know. Their efforts will be fondly viewed by the Soviets who are warm to the idea of a nuclear freeze, but decidedly cool on Reagan proposals Zumwalt: "Freeze Cannot Be Enforced" The opponents of the nuclear freeze fear the prospect of a nuclear holocaust as Nine states took the issue of much as the supporters of the a nuclear freeze directly to the movement do. Their opposipeople during the November tion to the freeze, however, is elections. In all but one state, based on three valid considerathe pro-nuclear freeze position tions. won. There is one major • History has borne out the similarity between those who Soviets' true intentions concersupport the nuclear freeze and ning nuclear buildups. After those who oppose it: They both the Cuban missile crisis seek to prevent nuclear war. brought us to the brink of The difference between the nuclear war, the United States two groups is in the perception imposed a unilateral freeze on its strategic nuclear force of how best to achieve that oblevels to enable the Soviets to jective. The supporters of the catch up. by Elmo Zumwalt and Worth Bagley for phased mutual reductions in nuclear arms levels. And why is Moscow receptive to a freeze and hostile toward a reduction? It is clearly not because of the clamor being raised in the streets by The rationale behind the the Soviet citizenry or a firm nuclear freeze believe the prostand by the Soviet press for an liferation of nuclear weapons freeze was that once the end to the nuclear race. It is can be curtailed by mutual Soviets gained equality in the because of the clear and un- agreement among the various nuclear arena, both sides mistakeable advantage which nations that have the capabiliwould be mutually deterred the Soviets perceive in preserv- ty to develop such weapons. It from striking the other first. ing the status quo. Which, of is difficult to envision how Within the first 10 years of the course, explains their ensuch an agreement can be unilateral freeze in force thusiastic support of the worked out among nations levels, the Soviets achieved American freeze movement. that have been unable to agree equality. They have spent the Indeed, the three greatest gifts on less complex issues. Assum- last 10 years steadily increasto the Soviet Union in recent ing such an agreement could, ing the width of the "window continued on page 6 however, be worked out, it is of vulnerability" that exists tonaive to believe that all day. The Soviets demonstrated signatories of such an agreement would abide by such a their perception that nuclear superiority had shifted in their document. Larry Pressler and Paul Irrefutably, the Soviets have favor in 1973 during the Yom Tsongas. Fight it out in public. manipulated previous Kippur War, when a Soviet Next, let our European delivered to friends know that decoupling agreements entered into with ultimatum was States demanding States to the United the United order in prevention is not a selective curtail U.S. military develop- that we require the Israelis to proposition. We will reamin ment prohibited by the treaty break off their encirclement of closely coupled with them on the Egyptian Third Army or the forces stationed in Europe so in question while clandestinely Soviets would go in whether or continuing to enhance similar long as they remain coupled not the United States sought to capability for military with us in negotiating genuine' fatal flaw of resist. We complied. nuclear arms reduction in themselves. The movement is has borne out the the pro-freeze • History Europe. That means encouragSoviets' true intentions concerthe of it assumes that reins ing us, not harassing us, as we that ning international agreements. are Soviet controlgovernment deal directly with the Russians. ed by men who will honor Evidence is on record as to We do not need bureaucrats isagreements — a dangerous numerous SALT I and SALT II suing statements about "inviolations. Evidence is now beassumption concerning a counterim solutions" that make it ing produced supporting no conpeople whose have try more difficult to get any soluallegations of the use of over who their next leader trol tion at all. Soviet-developed biological be. will Third, redouble our "public As a representative involved and chemical weapons in diplomacy" campaign at home the disarmament talks in southwest Asia, in violation of in and abroad. We are right about Geneva in 1962, one of the the 1925 Geneva Protocol and the zero option; therein lies the authors wa given a firsthand the 1972 Biological Warfare only safety for Europe's gain an insight Convention. The only means of to opportunity population and the test of mindset of Soviet ensuring complete compliance the into Soviet sincerity. The notion the with nuclear limitation treaties point At one that we must negotiate with leaders. to an is by on-site inspections — a listened representative ourselves in the face of verification system which the from Amimpassioned speech stonewalling by the Russians is States has urged, but to United Zorin, who headed bassador self-deafeting; their decouplSoviet Union, since which the delegation, sugthe Soviet ing charade should be dismisslong before Ambassador Zorin, destroy that both sides gesting ed with deserved disdain and all existing nuclear weapons, has adamantly refused to its meaning made clear to but with no inspection of the agree. Europeans who appreciate the A nuclear freeze imposed destruction permitted. presence of U.S. troops. on the United States today by coffee During the ensuing Finally, when the Reagan international agreement would break, the author approached men have finished bickering while he was effectively lock us into a perwith the Congress and have the Ambassador alone with his inter- manently open "window of standing more resolute support in preter and presented him with vulnerability" vis-a-vis the Europe, we should proceed to following hypothetical Soviet Union and therefore to deal only with a serious Soviet the accommodation to continuing Hinder Peace Doves & Soviets: number of missiles on each — side a proposal that the RusEditor's Note: This article, sians have scorned in advance. 3. The doves in Congress are originally appearing in the New York Times, March 21, 1983, weakening the U.S. position in several ways. In the House a by William Safire freeze proposal that would suit the Russians fine is on the LONDON A series of sen- verge of passage. In the sible arms control proposals Senate, soft-liners who cannot made by the Reagan Ad- muster the votes for a freeze to eliminate have substituted an attack on ministration theater nuclear weapons from the President's choice for arms Europe, or to make East and control administrator, AmWest equal is under attack bassador Kenneth Adelman. on three fronts: from the Rus- Not since the rejection of Adsians, from most of our allies miral Louis Straus in the and from doves in the U.S. Eisenhower era has there been Congress. such a mean-spirited senatorial 1. The Russians have put attempt to deny the President missiles in place that imperil the man he chooses to carry every European city as well as out his policy. the 330,000 U.S. troops in But blocking hard-liner Europe. To our plans for restor- Adelman is not enough for the ing equilibrium through the unilateral disarmers (who keep removal of their missiles or the mumbling hawkish words like deployment of our own, they "verifiable" and "mutual" to have put forward a deliberate- conceal their concessions). ly insulting and nonserious pro- They are now going after Gen. posal to count the nuclear Ed Rowney, the profoundly exweapons of the French and the perienced, Russian-speaking as if those weapons negotiator of our strategic British were a counterweight to the re- arms talks. It seems that General Rowney passed on to cent Russian escalation. The purpose of that trick, Ambassador Adelman a point and the reason that not even sheet prepared for him conthe most timorous of the Euro- taining a too-frank evaluation peans will fall for, is that such of the people now in the arms a plan would "decouple" the control agencies; dovish U.S. from European defense. senators are fearful of a American nuclear weapons in housecleaning similar to the NATO must face the weapons "Warnke purge" of 1977, when of the other superpower on an realists were swept out of the equal basis. Either there is to agency by the triumphant be an American theater deter- Carterites. Under this three-pronged rent or there is not; the Soviet from contemptuous attempt to split the alliance is jabbing Russians, hand-wringing NATO a transparent ploy. 2. The Europeans like the bureaucrats and a soft-core what should the U.S. "zero-option" idea and Congress recognize the Soviet counter Reagan Administration do? First, accept the senatorial as a trick. However, instead of demanding that Moscow make challenge for what it is: an ata serious counterproposal, tempt by Democrats to reverse NATO is now suggesting that the 1980 election on the SALT because the Russians won't ac- Issue. Instead of allowing the cept" the zero option, there nominee to be nibbled to must be something wrong with death in cloakrooms, make our offer. So they are pressur- Ken Adelman available for ing us to hurry up with an "in- televised debates with his printerim offer" of a certain cipal tormentors, Senators — — — — — — • response. If there is just more decoupling foolishness, we should deal with that nonresponse. How? By putting in the countervailing force in Europe. By showing we are able to compete in the arms race they have been provoking. By presenting a more united front to the monolith run by Mr. Andropov. When the Russians see no weaknesses to be exploited they will begin to deal with our strengths. Then we cart do talk of freezes with dismantling of weapons. There has never been any other way. business, replacing situation: both sides agreed Soviet expansion. It is imperative that voters all their existing nuclear weapons and did so in casting ballots in the future on good faith. Then, suppose that the question of a nuclear after both sides had destroyed freeze have a firm grasp of all their nuclear weapons, the the sub-issues involved in this Soviet government discovered complex and vitally important that it had inadvertently question. The answer cannot overlooked 100 nuclear simply be based on morality; missiles. What would the the Soviets publicly support morality on nuclear issues Soviet Union then do?" while immorally violating Zorin looked Ambassador around to ensure that no ole agreements. It would be immoral to deny else was listening before pc responded through his inter- modernized forces to the preter. "First," he began, "we United States, which needs would inform you we had them as a deterrent against found them. Then," he con- nuclear war and, persuasively, tinued, "we would deliver our to promote arms limitations. i ultimatum." *jttrf_«<**BiA o(m/m° "Suppose to destroy 4 �„ , r^w»» m,„, WWKW>ll,r ,r ,„,WH , PEACE \fW\E EKI """" """ """""""""""""""" '"* ' ' Saturday May 28 Sunday May 22 WHai aWHwaiaag Mwawww — ******** I'"*1 11 1 8 ■ ■ Sponsored by The Interfaith Peace Coalition of Buffalo Area Metropolitan Ministries ... ... .,,i CMKin.v u SUNDAY, MAY 22 . im ~,,„, FEMA FfMA pronm 12-2 p.m. cS.mulated regarding emergency shelter, in event of nuclear attack P/ace. Monroe St Bflo. Sponsor Erie County Freeze CoahUon. With of City of Bflo. Common Council. cedure. endorsemen, 3-5 p.m. PEACE JUBILEE, Festival of performing and visual arts, exploring "SHALOM"- our common unity in peace. Place: Erie Community College-Downtown Campus. 121 Ellicott St.. Bflo. For info: the Rev. Richard Hemann. 30 Erie Aye.. Cowanda, NY 14070. Sponsor: Peace Education Year-Two Committee . W-DN.SDAY, MAY 2S 6 p.m. Film Festival. For educators, parents and others concerned for peace. Place: Mt. St. Jos Academy Sponsor Educators for Soc.al Nuc|ear Disarmament Seminar. Place. St. Mark's Lutheran CHurch (LCA) 576 r>| aware Rd., Kenmore. Sponsor. Cran-Ken-Ton Cluster «.~»«» of the Lutheran Church. 7;30 Respons.b.l.ty. . 7:IS p m Examining the Nuclear Issue: C.t.zen Education Workshop. SponP/ace. Mt. St. Jos. sors. Women's Act.on for Nuclear (WAND). Assn. .. . Disarmament (ftSS _'JeT ISt • __ . " - „< _~ R „ COAIT PF ACF MAY » „ ' Lod „ p eace (contd): Education; speaker: representative f rom European Peace Movement. Place: „ „. Anthony's Roman Bf(Q Spo so St «- for Justice/WNY Peace Center. „ ,^, '7."i PrtJ, IZI * m.nn P m "«,,„;„„ Peare" h, Pr v r V,gll N>*ht lc ,°md): A ki j P/ace: To be announced Sponsors: Center for J«U«/WNY Pea ce "- . , MAY28 , . .. SATURDAY, . _-.■_■-._■.- ■■ °" Loca| Justice/WNY Peace „. °" Jobs ;, , RAL j LV. Music, speakers, festivities and the finale of Peace Week. RALLY place: Coyer Field, Bflo. State Univ. College, Bflo. (entrance, exit via Crant St) Sponsor: the MAY 28 COMMITTEE ™<-LV LUMMI RALLY Qr |nc£)me Now (JO|N) USWA Loca| 593 WNy Coa|it on for Jobs; WNY WNY Reace Cent£ Unemployed Network, and Arthur Waskow. Place: To be Sponsor, the Jewish STFndtn P m Economic C versi workshop. Leader: Richard Greenwood Asst to Pres Wm W Win" pisinger. lAMAW. Place: to be announced. Sponsors: CSEA, REgion 125 ment Debate with Dr. rw.n Cotler re 1 Center for ter. Cen .cm. Catho|jc ch[jrch » SDAV MAY ' Son'Sf EST T,me To Be Announced. Disarma- o " Williamsville. 'mvr P/Tr STW? s E TS P P' sc,°P al C f' ,' ff ?„ 530 Colvm reace nignms. ™U - Stopp4:0o p.m. "Waging Peace ing New Nuclear Weapons": Picket. Place: Federal Bldg.. Bflo. Sponsors: , Usf £ dem/c discussion Ptoce: the WORLD PEACE CFI FRRATION Soea/cer the Rev Pres Union . r-i. „v p . 7:30 p m Two Training Seminars on Peacemaking. For pastors and churches. 1) Ist, Steps for beginners: film. War Without Winners. 2) "2nd Steps for teams: with case-studies i ,' , Meeting House, Sponsor-WAND. Church Women United, Emma Bookstore, League of Women voters. Lutheran Church Women, YWCA of Bflo & Erie Cnty. and others D . d Academy Anjer the Nat,vuy (UCQ P L . TU-SDAY, MAY 24 / r for i thropies. 1 MOVIE I I MOVIE Graduate History The Opinion Association presents presents . .. .Anti-Censorship x ~ Film Festival IF YOU LOVE THIS PLANET Academy Award winning Documentary labelled 'propaganda' by the U.S. Justice Department 7:00 p.m. TODAY NORTON-WOLDMAN THEATER . A Film About Military po| & Nu|eaf Waf II II II I I WAR GAMES Banned by BBC Television Showing Tomorrow at 1:00 p.m. and 5:30 p.m. , O'BRIAN HALL ROOM 108 I I ™ Opinion 5 April 20, 1983 f.f'lT W '•■•A �Religious Coalition Laments Militarization of America by Clergy And Laity Concerned Editor's Note: Clergy and Laity Concerned is a New York Citybased organizations whose work is devoted to peace and economic justice. For further information, write to CALC, 198 Broadway, N.Y., N.Y. 10038. Without a bullet having been fired, without a bomb having been dropped, without a missile having been launched it can truthfully be said that the arms race is already killing us. This year the nations of the earth will spend about 550 billion dollars for military purposes. Even if the tens of thousands of weapons produced are left on the shelf to gather dust there can be no doubt that the arms race will continue to exact a terrible toll. Millions upon millions would die with the launching of just a few of the over 50,000 warheads that now exist on the planet. Some say that the human race has been lucky to avoid such a conflagration, but those living in poverty with acute needs can honestly claim that the conflagration has already come and that it has been devastating. On what basis can we claim that the arms race is already killing people? It is for the simple reason that every weapon of war that is produced, even if never used, means that there will be less food on the table, less available shelter, fewer jobs for the unemployed, and Jess health care to go around.. a strong foundation of faith in Cod and the acts of justice which must reflect that faith. Those who would shift the wealth of society away from human needs are repeating the same errors that Amos so vehemently condemned. Let there be no mistake! A nation that endlessly chooses to sacrifice human security in a fruitless quest for military superiority is on the verge of idolatry. Theft From the Poor Dwight D. Eisenhower bluntly described the tragic tradeoff- of bread for. bombs as theft: Every gun that is made, every warship launched, every rocket fired, signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and not clothed. This world in arms in not spending money alone; it is spending the sweat of its laborers, the genius of its scientists, the hopes of its children. If only Eisenhower and his successors had taken a stand on such a principle! Sadly, his words of warning * to the American people have fallen on deaf ears. In spite of the fact that the United States is the mightiest military power in history, 25 million Americans are malnourished today and ten million children have never seen a doctor. The plight ofthe less-developed nations is much more serious and getting Even preparing for war results worse. uncounted human in Meanwhile, the Pentagon is casualties. making plans for a whole new generation of nuclear, Robbery and Violence chemical and conventional That military escalation and weapons, the cost of which poverty are closely related to will be covered by a further one another, is not a new con- shifting of funds from human cept. The prophets of ancient needs programs to the military. Israel, for example, upon seeng Adding insult to the injury is the terrible impact of prepara- the sad fact that military spentions for war in the lives of the ding leads to more unemploypoor, cried out again and again ment and inflation than any against these same twisted other kind of government expriorities. penditure. Some benefit, parListen to the deep sense of ticularly large defense contracdivine outrage captured in the tors, but most of us do not. The Reagan Administration prophetic words of Amos: "Assemble yourselves upon has declared an open season the mountains of Samaria, and on welfare, social security, see the great tumults within food stamps, and other forms her, and see the oppressions in of public assistance, but the her midst. They do not know price tags on the MX Missile, how to do right," says the Lord, B-1 Bomber and other new lUihose who store up violence multi-million dollar weapon and robbery in their systems are considered too sacred to tamper with. About strongholds." (Amos 3:9-10) Amos announced that in $40 billion will be cut from this choosing to place their trust in year's social services budget. chariots and strongholds And this is only the beginning, Israel's rulers had turned away for an additional $75 billion in from Cod. That many people cuts is planned by 1984. On the had to suffer so more for- other hand, Reagan wants to tresses could be built was the increase the military budget by most glaring evidence of an average of 9.2% over inflaidolatry that there could be. tion in every year until 1986. It He did not mince his words: is becoming evident to more For I know how many are and more people that the your transgressions, and how budget cuts of the New great are your sins you who af- Federalism are just a flict the righteous, and take a smokescreen for what might bribe, and turn aside the needy be more accurately described as the New Militarism. in the gate. (Amos 5:12) A nation built upon a foundation of injustice could not Spiritual Death or Human long sustain itself, even with Security? the mightiest weapons of war. Fifteen years ago, during the Israel, declared Amos, had lost height of the Vietnam War, faith in the saving power fo Martin Luther King, Jr. spoke out against the idolatrous Cod. What was obvious to Amos mindset of Pentagon experts is no less compelling today. who could only understand True security must be based on "security" in terms of military strength, leaving out the most important dimension, the human cost of it all. The security we profess to seek in foreign adventures we wil lose in bur decaying cities. The bombs in Vietnam explode at home, they destroy the hopes and possibilities for a decent America... A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death. The United States may be strong, but what is the point of it if the country is rotting from within? Unless the Congress can muster a fight, Reagan plans to spend, over the next five years, 1.5 trillion dollars on the military. This is a mindboggling sum that perhaps only the poorest can fully appreciate, for it is they who will feel its impact the most. It is the poor people at the bottom of the economic ladder, especially Blacks, Hispanics, Native Americans, and other minority groups, who will have The U.B. Campus after a nuclear holocaust: The Buffalo Model Survives. The Last "Just" War by Ken Brown forbidden to open their bays over factories or military inEditor's Note: Ken Brown is stallations. The Allies comdirector of the peace studies menced to destroy systemprogram at Manchester College atically Germany's forty-three in North Manchester, Indiana, major cities. and a member of the Just-war convention held Fellowship of Reconcilation's that noncombatants should be national council. This article is spared whenever possible — repr'mted from The Progressive, never intentionally killed. August 1982. Churchill justified terror bombing, nevertheless, as a emergency" Few Americans know that "supreme the Allies, and not Hitler, in- measure because Western troduced terror bombing in Civilization itself was at stake. World War 11. Many of us grew The evil of Nazism had to be to live with the closed down up remembering Rotterdam, defeated by any means schools and hospitals, Warsaw, Conventry, and Lon- necessary. unemployment, abandoned don when thinking of that terriWorld War li remains in the buildings, drug and alcohol ble time. These Luftwaffe air public mind as an unparalleled abuse, and crime. raids, however, were either tac- example of a just war; one in When we examine Reagan's tical support or strategic bom- which regrettable but plans for increased military bings. The attack on Rotter- necessary means were taken to spending from the perspective dam was a mistake; the Dutch bring an immeasureable evil, to of the poor and powerless we had already surrendered, and an end. We had to kill incan only conclude, as Pope German pilots, hampered by nocents to stop the killing of Paul did in 1976, that military primitive communications innocents. Michael Walzer of build-up "is an act of aggressystems, missed frantic signals Harvard, in his book, fust and sion which amounts to a crime, for even when they are not used, by their cost alone, armaments kill the poor by causing them to starve." In any attempt to measure the arms race this is the bottom line: death by deprivation is surely as heinous as death by force of arms. The Things That Make for Peace Jesus described our current plight so well when he'looked out over Jerusalem and said, "Would that even today you knew the things that make for to scrub the mission. Similarly, the first bombing of London was a tactical error. Precision bombing was impossible in the early years of the war, and the Luftwaffe, aiming at military installations in greater London, accidentally hit the city itself on August 24, 1940. Nuclear strategists should that obliteration bombing note in World War II was born of ac- cident and miscalculation. Churchill responded to the accidental bombings of London by ordering reprisal raids on Berlin the following week. Hitler, outraged, ordered peace! But now they are hid reprisals to the reprisals, from your eyes." (Luke 19:41-2) although he still hoped for a The city that Jesus wept for is negotiated peace with the our city, town or village, a British. The terror bombing of cherished place that now faces noncombatant civilians, in a double threat: destruction by violation of the conventions of nuclear war or destruction by warfare, set in motion a proeconomic strangulation. We cess that culminated in the inknow that God yearns for cinerations of Dresden, Tokyo, justice and peace in this world, Hiroshima, and Nagasaki. but it is difficult to know Scholars have debated the where to begin when we find Allied decision deliberately to ourselves confronted by such bomb civilian rather than overwhelming circumstances. military targets. The British, We must draw on our heritage, having been driven from the in times such as these, and Continent, had no other offenremember the people of faith sive weapons with which to who have preceded us; people carry the attack to the Gerwho learned to look, against mans. "The bombers alone," impossible odds, for the light Churchill said in 1940, "proof hope in the darkness. vide the means of victory." On the very borders of the Precision bombing was out of promised land Moses had to the question, however; only exhort his people to choose one-third of all bombs dropped life rather than death, that were falling within five miles they and their children might of their targets, and the wrong live. Although they often fell cities were even being hit. short, the nation of Israel did The Royal Air Force could choose life with God over not hope to hit military targets idolatry. This is a choice that with anything like accuracy, so every generation must make. it readily accepted the Those who choose to live by arguments of strategists who the sword may ver well die by thought that Britain could the sword, taking many others defeat Germany by destroying with them. Those who choose the morale of the people. By continued on page 11 1942, RAF crews were actually Unjust Wars, takes this view. Walzer believes that Nazi victory was so much a possibility in the first years of the war that violation of funamental human rights was justified. Temporarily, it was necessary to kill innocent people to defeat Nazism, "evil objectified. ..in a form so potent and apparent that there could never have been anything to do but fight against it." Volumes have been written to describe the incomprehensible horrors of the Third Reich. The importance of shutting down the death camps of Hitler's "Final Solution" canbe overestimated, not although it should be pointed out that the war was not fought to save the Jews and other political victims but to halt German expansionism. Yet practically no attention has been given to the moral and spiritual costs of fighting Hitler as we did. In what sense did fascism, crushed in Germany, manifest itself, Phoenixlike, in the soul of the victors because we-fought "fire with fire?" The legacy for the United States is tragic: a permanently militarized conception of national security; agencies of covert action and undemocratic secrecy, prone to violations of individual rights and police-state tactics incompatible with democracy; a huge, inefficient bureaucracy; militarization of foreign policy; redirection of from away resources humanitarian ends; and the creation of a large, permanent standing army, staffed, if necessary, through involuntary servitude. Further, willingness to bomb innocent populations, born as an emergency tactic in continued on page IS ~, I '"- . •• '-<• April 20,1983 ! ■ Opinion ■* ■ '* 6 . �Use Of Nuclear Weapons continued from page 1 The declaration embodies the twin ground rules of the laws of war, that "the right to adopt means of injuring the enemy is not unlimited" and that "the only legitimate object which States should endeavor to ac- complish during war is to weaken the military forces of the enemy." Following logically from the requirement that weapons must be used selectively and only against military targets is the commitment to protect civilians. The concept that "the civilian population never can be regarded as a military object" is "the very basis of the whole law of war." Since nuclear warheads cannot differentiate between military and non-military targets, the fundamental distinction between combatant and non- combatant becomes meaningless. A basic source of the laws of war are the Hague Conventions of 1907, particularly the regulations embodied in Hague Convention IV. These regulations are recognized as "the foundation stones of the modern law of armed conflict." A fundamental tenet of thse regulations is the prohibition of weapons and tactics that cause wanton or indiscriminate destrucsion. The universally accepted Geneva Conventions of 1949 updated and strengthened the 1907 regulations by reaffirming the distinction between combatant and noncombatant. In particular, the Convention on "The Protection of Civilian Persons in Time of War" imposes additional detailed obligations on all belligerents to ensure the essential requirements for the health, safety and sustenance of the civilian population. Given the evidence developed by physicians and scientists as to the medical and environmental consequences of nuclear weapons, it is clear that under the condition sof Violates Int'l Law groups in other professions. In ddition, lawyers can become involved selectively in litigaespecially must be supported, in the present setting, in which tion that raises the illegality of the risks to human survival are nuclear weapons as a defense. The Lawyers Committee on so great. Furthermore, nuclear Nuclear Policy has established a speakers' bureau whose against an enemy's strategic weapons not only are incommembers lecture at univerwith the fundamentla forces, the nuclear anihilation patible and extermination of the rules of international law and sities around the country, and civilian population would be prevailing morality, but also it is cosponsoring a conference inevitable. As the experiences the development, possession on international law and of Hiroshima and Nagasaki and depjoyment of nuclear nuclear weapons that will take amply demonstrate, the weapons subvert the traditions place this June in Geneva, awesome effects of nuclear and structure of democratic Switzerland. The committee weapons cannot be limited to society. When the essential also has launched an outreach military targets. Consequently, foundation for our security campaign to provide informathe use of nuclear weapons rests upon a logic that has the tion to lawyers interested in would result in the commission potential for destroying our becoming active in the fight of war crimes on an enormous population, democracy no against nuclear weapons. Reducing the likelihood of scale. To assume the legality longer exists. The discretion to of a weapon expressly design- launch a nuclear war gives our nuclear war obviously must be ed to terrorize and to destroy political leaders a control over the highest priority of our proan entire civilian population human destiny that no tyrant fession. The demand for an efever fective international legal however despotic would make meaningless the entire effort to limit combat has claimed. In short, the very structure no longer seems quixit is an absolute renature of nuclear war destroys otic through the laws of war. law of the values the quirement for global survival. that Global "survivability" is so all There can be no more apelemental that a prohibition obligates us to preserve. Lawyers can help convey to propriate goal for the internaagainst nuclear weapons reasonably can be inferred the public a persuasive legal tional legal community than to from the existing laws of war. argument against nuclear prevent the arbitrary To conclude differently would weapons by organizing of nuclear weapons. Were the American legal community to be to ignore the barbaric meetings, seminars and symcharacter of the use of nuclear posia, by publishing articles in fail to confront this issue, it ewapons. As the laws of war newspapers and journals of would forfeit a historic opporembody the minimum legal and general interest, by tunity to help build a healthy, demands of decency, exemp- cosponsoring programs with democratic and peaceful ting nuclear weapons from professional and scholarly society. and by that body of laws would be organizations abandoning even this cooperating with like-minded nuclear war, it would be imIt is clear that the use of possible to satisfy the re- nuclear weapons in populated quirements of the Geneva Conareas would result in the inventions, just as it would not discriminate and massive be feasible to live up to the slaughter of civilians. dictates of the Hague Conven- Moreover, even if nuclear tions both of which are in- weapons were used only — tended to ensure the survival of all societies involved in armed conflict. Furthermore, restraints on the conduct of hostilities traditionally are not limited to those given explicit voice in specific treaty stipulations. Since war technology is evolving and changing continuously, the 1907 Hague Conventions regulations also contain a general rule, known as the Martens Clause, intended for application in those situations in which no specific treaty rule exists to prohibit a new type of weapon or tactic. In such cases, the rule states: "The inhabitants and the belligerents remain under the protection and the rule of the principles of the laws of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of public conscience." Hence, the Martens Clause makes it obligatory that the principles of humanity and the dictates of public conscience prevail, even if no treaty has been drafted specifically to prohibit a new weapon. On the basis of the unques-' tioned principles of international law enumerated here, the United Nations repeatedly has condemned the use of nuclear weapons as an "international crime." In 1961, the General Assembly declared in Resolution 1653 (VI) that "any State using nuclear or thermonuclear weapons is to be considered as violating the Charter of the United Nations, as acting contrary to the law of humanity, and as committing a crime against mankind and civilization." That resolution subsequently was reaffirmed in 1978 and 1980. minimum standard. As fragile as the laws of war may be, they — — ABA Vote Calls For "Serious" Talks Between US/USSR came after the group spent nearly four hours debating some of the rules, which have stirred a bitter fight among various factions. ther spread of nuclear The cautiously worded weapons. by Steven Pressman nuclear arms resolution stopThe House of ABA Special to The Washington Post ped endorsing a freeze Delegates, meeting here for or short of unilateral reducation. the bar's annual convention, SAN FRANCISCO, Aug. 10 also voted early this evening to Nonetheless, the measure placthe 280,000-member ABA — The American Bar Associa- put off until February a deci- ed On record for the first time in tion added its voice to the sion on a controversial set of nuclear arms debate today by lawyer ethics rules. That vote support of steps to contain the spread of nuclear weapons. Editor's note: The following article appeared in The Washington Post on Wednesday, August 11, 1982. calling on the United States and other countries to pursue "serious and sustained negotiation" and to prevent the fur- Navy Officer: "Freeze Threatens Security" continued from page 3 times have oeen American church-state relations in this technology, American grain country, could divide millions and now the American nuclear of Catholics and cause agonizing personal and moral confreeze movement. To be sure, most intelligent flicts among Catholic serAmericans make it clear that vicemen, forcing many of checks adequate and them, perhaps, to choose betsafeguards are an important ween support of their religious condition of their proposal. clergy and support of their naBut caution and patience are tional leaders. not characteristic traits of Instead of abhorring all war emotional causes such as and violence, the bishops have these. Political victories are, focused upon one method of no matter how damaging they killing as presumably less may be to U.S. security in- "moral" than other methods. terests. Initial referendum vic- What gives American bishops tories brought the scent of this particular insight? Will blood and only dramatic con- they be joined in this view by quests now will satisfy their the Catholic bishops of Europe unleashed emotion. Increas- who live closer to the shadow ingly, the call for American of nuclear destruction? How gestures of good faith in the about the Catholic bishops in form of limited, unilateral the communist bloc? Willthey, disarmament and renunciation too, denounce the first use of of nuclear employment op- nuclear weapons as immoral? tions will be heard. Would such a pronounceIndeed, they are already be- ment by their excellencies in ing heard. Roman Catholic America mean that our use of bishops in America are the bomb in Hiroshima and deliberating a "position" in a Nagasaki was immoral even draft pastoral letter that would though it saved thousands of brand first use of nuclear American lives? How about the weapons, presumably in- morality of biological or cluding tactical and theatre chemical warfare? Is good, - nuclear weapons, as immoral. clean, ordinary killing and Such a position, un- maiming with "conventional" precedented in the history of weapons stiH okay? Do_the OpwMtt 7 Apnijap, .1983 , — One provision has been interpreted as a slap at the administration Reagan gentle bishops understand that "How much will the move- because it calls on countries to the Soviets possess an overment ultimately harm the na"avoid conduct and rhetoric whelming conventional advantional security?" that invite nuclear confrontatage and that they could, if Navy Secretary Lehman said tion and obscure their mutual they chose, bully much of the earlier this year, "We may interests reducing the risk of in rest of the world endlessly if wake up one morning and find nuclear war." they believed that we would we have lost a war of proSome lawyers have warned never use nuclear weapons expaganda against a strong that statements by some adcept in reaction to their first American defense, a war of ministration officials have use which then would be unideas put forward by a zealous, done little to reduce the risk of necessary? uninformed and unrepresen- nuclear war. Have they forgotten who the tative minority in the name of Although the resolution other guys are? They're the valid religious values, invalidly passed easily on a voice vote, godless ones, remember? The applied." Appropriate words, critics said the issue should ones who reportedly believe still, but the minority appears have been left to defense exthat religion is the opiate of now to, have become a major- perts rather than lawyers. Joe the people. The ones who keep ity and they are claiming to Stamper of Antler, Okla., said religion under house arrest in have religion on their side. Oh, the measure called on the the jolly old USSR. well, they won the ballot proUnited States to "unilaterally I, along with many other positions and that's democradisarm." Catholic service people, feel cy in action. No sour grapes Coming after only a short compelled to wonder why first now. debate, the ABA's vote marked use of nuclear wapons is only But if thinking about this a victory for the Lawyers just now being declared imtends to disturb your sleep at Alliance for Nuclear Arms Conmoral. Could it be part of the night, it's probably because trol, a group general peace movement now you understand the problem. seeking Boston-based a freeze on nuclear sweeping the land and becomThe nuclear deterrence that's weapons. ing so fashionable a cause? kept us safe for 35 years may "The ABA's position is With women's rights groups, be in danger of losing its tremendously significant minority rights groups, credibility. because it brings into the religious groups, liberal politiWhen you next write to your mainstream of the legal profescians and educators increascongressman, you might try sion an issue which for the last joining it ingly the bandwagon, a dropping line to your bishop 37 years has been outside the is ho longer a question of minds of most people, inwhether or not the movement as well. Ask him if*it's morally cluding lawyers," said Alan acceptable to increase the risk Sherr, a will cause the. administration Boston lawyer and to react, The question is now. of war in this way. president of the alliance. �{__**& \ Are The Russians Coming? jr j__^' mktm.i_,Wk- Editor's note: This article was "This endless series of published in the January, 1983 distortions... this routine exaggeration of Moscow's edition of Economic Notes. military capabilities and of the Former U.S. Ambassador to supposed iniquity of Soviet inMoscow, George F. Kennan tention; this monotonous stated, "I find the view of the misrepresentation of the Soviet Union that prevails to- nature and attitudes of day in large portions of our another great people... are governmental and journalistic not the marks of maturity and establishments.. .is so far discrimination " (George F. removed from what sober Kennan, Soviet-American Relascrutiny of external reality tions, 1982) would reveal...that it's not on ly ineffective but dangerous as I. Historical Background a guide to political action. The "endless series of distortions" to which Kennan refers stem from the basic differences between capitalism and socialism. Since the birth of the Soviet Union in 1917, is often attributed to the United States government Cuban missile crisis, but in fact policy, with a few historical exKhrushchev's creditable disar- ceptions, has been generally hostile. Political leaders in mament initiative was undermined much earlier by Washington have encouraged America's reluctance to stop Americans to fear and distrust the periodic surveillance of the Russians and the concept Soviet territory by American of socialism. Over the past 65 years, U.S. spy planes. Many people in the West, and even more in the government policy towards the U.S.S.R., remember the Soviet Union has changed dramatic shooting down of the course a number of times. At U-2 piloted by Francis Gary the beginning, in 1918, the U.S. Powers in 1960, as well as joined 14other countries in an Khrushchev's subsequent and attempt to topple the newly skillful exposure of Dwight formed Soviet government by Eisenhower as a liar. But invasion and blockade. It then neither Khrushchev nor the took 15 years more before the U.S. sources ever described the U.S. established diplomatic U-2 affair as it really was. For relations withe the USSR. From 1933 until World War the Soviet leadership it would have been an embarrassment 11, trade existed side by side to acknowledge that it had with an uneasy policy relationbeen completely helpless for ship. During World War 11, the years to prevent overflights at 70,000 feet of its largest in- U.S. was an ally of the Soviet dustrial centers by American Union. It was a period of planes; while the U.S. govern- cooperation. Fascism was ment obviously wanted0 to defeated. . Mb /___ A Nuclear Samizdat: Cold War Offensive Fueled by U.S. that of the Soviet perceptions aggressive intentions of the United States began to take shape. Despite the military by Roy A. Medvedev and Zhores A. Medvedev Editor's Note: The following article is excerpted from "A reductions undertaken no Nuclear Samizdat on America's doubt reluctantly by Stalin, Arms Race." The Nation Jan. the United States made no ef16, 1982. fort to construct a durable ' peace. Despite the absence of Power The Strategic Balance of To what extent was the cold a single other nuclear power in war also a response to a real the world, the United States military threat to American accelerated the development capitalism from the Red Army? of its atomic arsenal and the Indisputably, the Soviet forces fleet of special bombers that that greeted the American and allowed it to strike anywhere Nobody tried to British troops on the Elbe and in the U.S.S.R.American threat: conceal the the Danube constituted the Pentagon generals spoke freely strongest land army in world country's of their nuclear history. Despite the Soviet supremacy and the coming of Union's immense wartime "American losses, it possessed in 1945 an whatLife called the Meanwhile, the war Century." army of 300 divisions, well countries had devastated the equipped with modern weapons and highly mobile of Western Europe and the Mediterranean basin, which tank corps. Soviet analysts desperately needed American corroborated by not a few emi- — — nent Western historians — — economic aid, and they opened their doors to the creation of U.S. air bases encircling the Soviet Union. Eventually this ring of bases extended from Iceland, Britain, France, Italy, Greece and Turkey to Japan have generally viewed the American decision to destroy Hiroshima and Nagasaki with atomic bombs in August 1945, at a moment when the surrender of Japan was already and Alaska. Before the U.S.S.R. imminent, as a demonstration produce even one of force primarily designed to was able to thermonuclear primitive intimidate the U.S.S.R. Most device, the United States discussions of the formidable possessed hundreds. And military power of the Soviet what so often forgotten state at the end of World War even is the Soviet bomb after II neglect, moreover, an exthe Americans developed, was extremely salient fact: despite to retain their continued tensive modernization of its of delivery systems. armed forces in the course of monopoly was, There in fact, no Soviet the war, the one kind of con- nuclear threat to the United never ventional weapon that in the early 19505, since received priority was the long- States the U.S.S.R. did not have a range bomber. The Soviet air single that could cross bomber force was certainly well equip- the ocean. The strategic new ped with many types of dominance of the United fighters and special short- States was complete, and durrange bombers to support time (and only during ing this ground combat, but it lacked this time), there was a crash strategic bombers and, indeed, program of building special never attempted to carry out atomic shelters near the massive raids on German cities government buildings and big and industrial centers. The apartment blocks of Moscow capability to conduct longa clear inand other cities range strategic bombing was a Soviet apprehension. dex of wartime monopoly of the Even after the testing of the United States and Britain. first Soviet intercontinental When this advantage was com- missiles in 1957 (Korolev's — — — bined with the exclusive "semerka"), the fundamental strategic equation remained basically unchanged. Despite the impression given by the launching of the first Sputnik, the early Soviet ICBMs were unreliable, a handful in cold war should be obvious. highly number and no serious match U.S. superiority was further for the American B-525. enhanced when the U.S.S.R., faced with the enormous task The Legacy-of the U-2 Affair It was in the context of this of reconstruction, demobilized the bulk of the Red Army and continuing strategic imbalance significantly reduced its (in America's favor) that -military presence in Europe Khrushchev launched his during the same period. policy of peaceful coexistence It was during this phase of and the search for atomic test American nuclear monopoly bans. The failure of this policy possession of atomic weapons (and the proven will to use them), the military superiority the Truman Administration enjoyed over the U.S.S.R. from 1945-49 the beginning of the —— minimize the political damage done by the revelation of its previous falsehoods and their disgraceful ending. In fact, the American decision to overfly Soviet territory had been made during Stalin's lifetime, and not just for purposes of military espionage, but for political intimidation. The Soviet government did not publicly denounce these flights at the time but made confidential protests which were dismissed by Washington. As Khrushchev later remarked in his autobiography: "The Americans knew perfectly well that they were in the wrong. They knew they were causing us terrible headaches whenever one of these plans took off on a mission... We were stick and tired... of being subjected to these indignities. They were making these flights to show up our impotence. Well, we weren't impotent any longer." Moreover, for special effect the dates of these overflights were often selected to coincide with Soviet national celebrations and parades. The U-2 that was finally shot down with the first proper Soviet antiaircraft missiles was engaged in an overflight of the May Day parade in Red Square. It took off from Peshawar in Pakistan, crossed Afghanistan and flew over the Urals, en route for Leningrad and a landing again at a U.S. base in Norway. It was brought down near the industrial center of Sverdlovsk. Khrushchev seems to have expected some sort of apology from Eisenhower for the Powers flight. He had himself continued on page 12 Return of Cold War Soon the cold war began. Abroad, more countries turned toward socialism. At home, a virulent McCarthyisrp form of anti-communism contributed to the passage of the Taft-Hartley and Smith — — NUCLEAR SAMIZDAT* sa-mb-dal ('state,-*.) n. (Ruts, fr. • Sam self + cgdtJd'rtvo publisher): Acts. Ostensibly aimed at subversion, these laws actually served to stiflethe labor movement and most independent thought. In the late sixties, there began a decade of detente, again based on mutual advantage. The two nations agreed to some nuclear weapons control, including Salt I. The U.S. and the USSR benefitted by trade accords, scientific cooperation and cultural exchanges. Now the U.S. government is once again resuming a cold war. Again it voices the claim that "the Russians are coming." It has red-baited the nuclear freeze movement by claiming it is Soviet inspired. The President plays a major role in this deception. This tactic follows the familiar pattern of red-baiting unions, labor leaders and the rank-and-file who play the most militant roles in labor struggles. Can We Trust the Russians? It is against this inconsistent history that the question of trusting the Russians must be addressed. The real issue should be not trust, but the of co-existence. The U.S. has signed a number of arms pacts with the Soviet Union. No serious viola- necessity tions of the signed treaties have been claimed either by the U.S. or by the Soviet Union. Moscow has complied with the Salt I agreement and has kept to the terms of Salt II despite the failure of the U.S. Senate to ratify it. the most significant treaties 1959 1963 1963 — The Antarctic Treaty banned nuclear weapons in the Antarctic. "Hot Line" Agreement established a direct communitation link between Washington and Moscow. Limited Test Ban Treaty banned nuclear weapon tests in the at- — — in outer space and under water. mosphere, 1967 Russian argot for the underground publication and circulation of material thatis thought to be at odds with official wisdom. — Outer Space Treaty banned weapons of mass destruction from outer space. continued on page 12 Fall Course Offering: PSC643 Cross-listed with the Law School Friday, 12:30 3:00 p.m. Professor Jerome Slater with two seminars by Professor Terry Nardin both of the Political Science Dept. - FORCE AND INTERNATIONAL SECURITY The central theme of the seminar will be the sudy of the nature and causes of war, and how war can be eliminated or controlled. The analysis will focus not only on problems of war, order, and security in the international system, but also on the role of international law and moral judgement on the control of war. April 20, 1983 Opinio* 8 �Proposed Mutual Nuclear Weapons Freeze: oy Michael li. Mercado '84 SUNY Buffalo Mcd School Physicians for Social Responsibility of Western New York The States United pledges... its determination to help solve the fearful atomic dilemma to devote its entire heart and mind to find the way by which the miraculous inventiveness of man shall not be — dedicated to his death, but consecrated to his life. Dwight D. Eisenhower To improve national and international security, the United States and the Soviet Union should stop the arms race. nuclear Specifically, they should adopt a mutual freeze on the testing, production and deployment of nuclear aircraft weapons and designed primarily to deliver nuclear weapons. essential, This is an verifiable first step toward lessening the risk of nuclear war and reducing the nuclear arsenals. The above paragraph is the beginning statement of the "Proposal For a Mutual U.S.-U.S.S.R. Nuclear Weapons Freeze," written just over two years ago by Randall Forsberg, a defense analyst, arms control activist and a former editor of the Stockholm Institute. After gaining significant support in the state of Massachusetts, the proposal has attracted millions of American supporters, from hundreds of diversified organizations and all sectors of American society. Now, the proposal is in the U.S. Congress as the MarkeyConte resolution in the House of Representatives, and the Kennedy-Hatfield resolution in the Senate. But the growing support for a U.S.-U.S.S.R. nuclear arms freeze is being challenged by the Reagan administration through the Strategic Arms Reduction Talks (START), the JacksonWarner resolution in the Senate, and the Carney resolution in the House of Representatives. In these arms control talks and resolutions, a nuclear arms "freeze" consists of a proposal by the U.S. Government to the Soviet Union for a "long term, mutual and verifiable nuclear freeze at equal and sharply reduced levels of forces." But these have been disclaimed by Kennedy, Hatfield, Markey and Conte as doubletalk, since had so few nuclear weapons at that time compared to the U.S., they could not make a significant counterattack. In 1961 the U.S. began to worry that its vast superiority of nuclear weapons was in danger because of a Soviet weapons build-up, and proand then freeze and reduce ceeded to build-up its nuclear them at a later time. But such forces, including the construcan additional build-up of the tion of 1,000 Minuteman arms race will allow the proICBM's (Intercontinental duction of more destructive, Ballistic Missiles) to offset the and projected "missile gap" causless verifiable ed by a supposedly large scale technologically more advanced weapons by both countries, Soviet production of ICBMs. raising the chance even more Even after the U.S. Governthat a nuclear war, either by ment learned from its Inaccident or military design, telligence that the Soviets had built only 4 ICBMs, production will occur. Why is the administration of the remaining Minuteman opposed to a bilateral nuclear missiles was completed arms freeze at this time? The anyway. Thus, the "missile answer to this is somewhat gap," which touted a Russian complex, and to fully under- superiority in ICBMs was stand the present situation nothing more than a hoax, regarding the nuclear arms played upon the American people. race, some history, the institutions involved and the governThe 1962 Cuban missile ment's role in it can help to crisis, where the U.S. had placed nuclear missiles in Turkey answer this question. In 1945 America won the which threatened the U.S.S.R., world's first nuclear war resulted in Russia's covert against Japan by its highly conplacement of missiles in Cuba. troversial bombings of This incident was the closest to Hiroshima and Nagasaki, nuclear war that the U.S. and which killed over 200,000 the U.S.S.R. had ever been. Japanese people, where 90% Kennedy demanded that were civilians! Beginning at Khruschev get his missiles out this time, the U.S. began to of Cuba, and backed up the debuild a formidable nuclear mand by putting American arsenal, which was superior to military forces on alert, Russia's conventional forces creating a stalemate, while the and the nuclear weapons that threat of nuclear war loomed they would start to develop a over the two countries. After few years later. In fact, so days of confrontation, careful superior was the U.S. nuclear negotiations were completed weapon stock that the U.S. and the Soviet Union removed used this advantage on its missiles from Cuba, and its numerous occasions since later the U.S. Hiroshima. "Every president missiles from Turkey. Russians, But the from Truman to Reagan, with the possible exception of Ford, humiliated, angry and has felt compelled to consider frustrated with American or direct serious preparations nuclear attack threats and for possible U.S. initiation, tac- nuclear superiority, built up tical or strategic nuclear war- their nuclear forces, especially fare, in the midst of an ongo- their ICBMs until now, in the ing, intense, non-nuclear conearly 1980's, both countries flict or crisis. The Soviets know have attained a rough level of this because they were made nuclear weapons parity, to know it, often by explicit despite the Reagan Administrathreats from the oval office, tion assertions that the U.S.S.R. even when White House conhas nuclear "superiority." Yes, siderations of the use of they have some "superiority," nuclear weapons was secret as in their larger number of ICBMs, but the U.S. has from other audiences... " Also, the U.S. proceeded to "superiority" in its greater build up its nuclear forces at number of bombers, and total this time to levels far beyond nuclear warheads. This nuclear mere defensive purposes, parity shared by the U.S. and levels geared to actually the U.S.S.R. is also stated in the launch a "first strike" nuclear SALT II Treaty. Yet, President Reagan attack against the Soviet Union and its allies, if claims that the U.S. has a "winnecessary. Since the Soviets dow of vulnerability," where under such resolutions and the START program, which will take years to negotiate, a "freeze" of nuclear weapons would not come about until both the U.S. and the U.S.S.R. build up their nuclear weapons systems even more, in order to "equalize" them on both sides, the Soviets "would absorb our never again wants to be subjected to American threats of nuclear attack. A continuation of the nuclear arms race will jeopardize the relative stability and mutual deterrence both countries now share, and make control arms warheads and bombs on the future Soviet Union. These warheads agreements, let alone a and bombs could destroy bilateral nuclear arms freeze, every major Soviet city twenty very difficult, if not impossible times over, an overkill to achieve. For instance, the capability sufficient to deter Cruise missile, (a low flying, the Soviets from thinking they radar-evading, highly accurate could..'. absorb our retaliatory nuclear weapon, due to its relatively small size), can be blow and hit us again." Thus, the "window of launched from ships, tanks, vulnerability" is an illusion submarines and ground (just as the "missile gap" claim vehicles. Cruise missiles are was), since America still has also relatively easy to conceal the world's most advanced and unlike ICBMs cannot be conventional and nuclear identified by satellites or most forces, and is hardly a other intelligence devices. vulnerable, second-rate Therefore, neither side can easily verify the strength of the military power. The U.S. claim of other, so arms control negotiavulnerability is actually being tions will become close to an used as an excuse to restore impossible task. This element the U.S. nuclear first-strike of verification is critical for efcapability against the U.S.S.R., fective arms control. A nuclear via the MX ICBM, the B-1 freeze negotiated now will stop the production of such Bomber, the Trident Submarine, and the Cruise, Per- weapons by both the U.S. and shing and Trident missiles. But the U.S.S.R. The MX missile is being prothe Soviets are responding to retaliatory blow and hit us again." But this statement is misleading. "All told, the United States could respond to a Soviet first-strike on our land-, based missiles, by dropping a minimum of 4,500 nuclear How do you survr • 6Japan after all, not only survived but flourished after the nuclear attack. ... Depending upon certain assumptions, some estimates predict 10 million [dead] on ojp side and 100 million on the other but that iswt the the U.S. build-up by developing their version of the Trident submarine, the Typhoon, building their own new submarine nuclear missiles, the SS-N-20, redesigning their version of the cruise missile, their version of the MX, which they call the SSI9 ICBM and are in the process of developing a new bomber. It seems unlikely that the U.S. will once again its nuclear regain "superiority," since the U.S.S.R. seems determined to match the U.S. build-up: for it duced and deployed supposedly to eliminate the "vulnerability" of the U.S. Minuteman and Titan ICBM forces to a Russian "first strike" attack, claims the Reagan Administration. This purported "vulnerability" is disputed by many top scientists, who assert that Russian missiles are not accurate enough to destroy American ICBM's and even if they were, they would be subjected to bias (external environmental continued on page 9 Lawyers Guild Resolutions On Nuclear War Passed at National Lawyers Guild National Executive Committee, Santa Fe, New Mexico, February 22, 1982. WHEREAS, the National Lawyers Guild is convinced that all nuclear weapons states should reach an agreement to eliminate all nuclear weapons in order to insure the fundamental rights of humanity to live in peace; and WHEREAS, the United States policy has sanctioned in Presidential Directive 59 a limited nuclear warfare option which increases dramatically the possibilities that nuclear weapons will be used in a regional crisis situation, with the likelihood of escalation to all-out nuclear exchange; and cruise missies, the Trident Submarine and mass production of neutron bombs; and WHEREAS, the threat of nuclear weapons is destabilizing and does not create a secure society and the justification for the build-up of nuclear weapons is deliberately false and intended to hide the true purpose of this strategy; and ed unnecessary prolonged suf- Land (1907) which mandates fering, indiscriminate in its ef- that new weapons or tactics fect, involving the second not covered byprior treaty are generation of the victims, with nevertheless subject to the the number of sufferers in- principles of laws of nations as derived from the "laws of creasing every year; and humanity" and "the dictates of WHEREAS, as lawyers, legal puolic conscience" in order to workers and students we are protect non-combantants, aware of the illegality and neutrals and non-belligerents; criminality of the threat or use b. The Declaration of St. WHEREAS, the United of nuclear weapons in light of Petersburg of 1868 which afthe laws of humanity and firms that the right to adopt States is pursuing military various principles, objectives means of injuring the enemy is WHEREAS, the developdominance under the cloak of WHEREAS, the United and reglations of international not unlimited and the only ment and deployment of national security by developlegitimate object which states nuclear arms as well as the ing a first strike capability, States' use of two atomic law, including: a. "Marten's Clause" of the should endeavor to acproliferation of nuclear arms together with destabilizing bombs at Hiroshima and constitutes a direct threat of technologies which make Nagasaki not only brought Preamble of the Convention of complish during war is to mass annihilation for every na- nuclear war more possible, in- about genocide and destruc- the Hague Concerning the weaken the military force of cluding the MX Program, tion of two cities but has caus- Laws and Customs of War and the enemy and with such printion and person; and Opinion 9 April 20, 1983 continued on page 13 �A First Step Toward Peace And Security continued from page 8 from the significant electromagnetic field over the North Pole, which would shift the missiles off their course over this area on their flight to the U.S. Also, the Russians would need at least a 90% reliability in their missile systems to achieve a successful "first strike" attack, and would have to take into consideration that their exploding warheads, which landed first, might destroy some of the other incoming warheads, or shift them off their course. Thus, it seems highly unlikely that the Russians could launch a successful "first strike" attack against the U.S. ICBMs. Furthermore, the present plan of simply putting the MX in Minuteman and Titan silos and the newly announced proposal which consists of a "dense pack" base of MXs, will make them no less "vulnerable" to this theoretical Russian "first strike" than the missiles they are replacing. So why is the U.S. Government building the MX? Primarily to achieve a "first-strike" capability against the U.S.S.R., since it theoretically has the forces) keep other "first strike" in his farewell Presidential ad- formance under 14 arms conmissiles such as the Pershing, dress in 1961 warned... trol agreements has been from being stationed in good." The SALT i Treaty was Europe, thereby decreasing In the councils of government, signed in 1972 and even tensions there, and provide a we must guard against the ac- though it expired in 1977, it has framework for negotiations on quisition of unwarranted innot been violated by the fluence, whether sought or unboth nuclear and conventional U.S.S.R. to date." Even the sought, by the militaryarms control with the aim of SALT II Treaty, still unratified industrial complex. potenThe achieving a system of adetial for the disastrous rise of by the U.S. Senate, but signed quate deterrence, with stable misplaced power exists and will by the U.S. and U.S.S.R. in June defensive forces, for both of 1979, has been upheld. Such persist. sides. We must never let the weight high obedience to arms control A bilateral nuclear arms of this combination endanger agreements by both countries freeze at this moment in time, our liberties or democratic proshows the importance arms in the early 1980/s, would obcesses. We should take nothing control holds in relation to the viously prevent the Reagan adfor granted. Only an alert and national interest and security knowledgeable citizenry can of both nations. Thus, a similar ministration from achieving compel the proper meshing of what it sees as a "first strike" high level of compliance could the huge industrial and military capability against the Soviet very well be expected in a machinery of defense our with Union. This is probably the mapeaceful methods and goals, so freeze. jor reason Reagan opposes a Another significant benefit that security and liberty may freeze now, but will accept prosper together. of a bilateral nuclear arms one later on, after his goal of freeze (especially if followed "first strike" power is achievUnfortunately, Eisenhower's by gradual, bilateral nuclear ed. However, the Soviets warning of the great power this arms reductions that will save would obviously not accept a complex can yield is now true; billions of dollars in freeze at a later date if they it has spread throughout the themselves), will be the imthen had not achieved a country and has significant provement of the economy. mutual "first strike" capability control over the U.S. Govern- The increase in the commeragainst the U.S. ment, particularly over the cial industry base and the reacAlso, it is not by accident Congress. Because of its great tivation of consumer goods that "the top ten recipients of influence, the military- productivity, both presently U.S. military and economic industrial complex forms it's 'being sacrificed to our massive foreign aid are, according to own defense policy, creates its arms build-up, will certainly reAmnesty International, the top own weapons, and distorts the juvenate the economic climate ten dictatorships or violators truth (e.g. exaggerates Soviet of the U.S. This economic ive a nuclear war? 2 6 body's going to make it if there are enough shovels to go around. . . Dig a hole, cover it with a couple of doorsmd then throw three feet of dirt on top. It's that does it.9 9 W T.K.Jones, a - ■ M- ■. UnriKec Ary of Defense, sJ|Kic_JVheSr Nuclear Forces, ' ) yx/y): M J military power) to meet its own response will in turn decrease need for increasingly greater the inflation rate by diverting weapons production and more funds from military activity political power. These deeds (which adds nothing to the do not represent the true economy, while consuming defensive needs of the significant quantities of American people. Vet the materials and resources), to a American people are the ones renewed U.S. industry which who pay for all this "defense," can create more jobs and at great sacrifice to their ingoods. This will increase dividual well being as well as America's declining comthe health of the country as a petitiveness in the internawhole., This all goes on while tional market. A bilateral nuclear arms the under the constant terror' of nuclear war. freeze now, can reverse this "The U.S. defense budget, grim trend of enormous which now accounts for defense spending while human roughly one-quarter of all needs and life are sacrificed in federal spending, will rise the process. In short, a freeze rapidly in the 1980s. This rise will enable this country to stems, in part, from the relaachieve better economic and tionship between the public social conditions, while mainand private sectors of the taining a strong defense. defense community and the power and accuracy to destroy Russian ICBMs in their silos. But this action will force the Russians to put their ICBM force on "hair trigger" alert, where it will launch them on "warning" to avoid their destruction by incoming U.S. MX missiles. It is important to realize that about 70% of Russia's nuclear force is comprised of ICBMs. Therefore the U.S.S.R. must be confident that a significant number of its ICBMs can survive a "first strike" attack by the U.S., in order to have enough weapons for self-defense. If not, the Soviets could be forced to launch their missiles sooner, under greater pressure and in a situation where if the warning signal they pick up is false, of human rights, since they provide favorable climates for U.S. multi-national corporations." Thus, most of the U.S. military power is not geared to defend the U.S. mainland, but defend corporate and national interests around the world. This is supported by the fact that the U.S. is the only country in the world that can send large parts of its armed forces overseas, as in Viet Nam, or utilize the Rapid Deployment Force, which can send about 250,000 troops and large amounts of military to equipment to foreign areas such as the Middle East. Another powerful force that is involved in the U.S. arms build-up is the militaryindustrial complex, which is (e.g. computer malfunction), the union of the Pentagon, the they may not have the time for U.S. defense contract corporaverification of a false alarm tions and the whole industrial before launching their missiles. base associated with researching, developing, and producly cause the Russian "first ing conventional and nuclear strike" it is intended to deterl arms. Presently this militaryAgain, a bilateral nuclear industrial complex involves arms freeze, initiated now, will over one-third of our scientists prevent the MX weapons, and and engineers, consumes over any Soviet counterpart from one quarter of the annual U.S. being guilt and employed. This Federal budget each year, and will keep the present parity has some of the country's and deterrence value of the largest and most powerful corU.S. and U.S.S.R. nuclear force porations associated, with it stable, and in turn keep the which are making huge profits threat of nuclear war under from building these arms. No control. The freeze would also wonder Dwight D. Eisenhower, Therefore, the MX may actual- extraordinary pressures it Finally, and most important- ing' for nuclear war is meaningless. There is no possible, effective medical response. Most hospitals would be destroyed, most medical personnel dead or injured, most supplies unavailable. Most 'survivors' would die. "3. There is no effective civil defense. The blast, thermal and radiation effects would kill even those in shelters, and the fallout would reach those who have been evacuated. "4. Recovery from nuclear war would be impossible. The economic, ecological and social fabric on which human life depends would be destroyed in the U.S., the U.S.S.R. and much of the rest of the world. "5. In summary, there can be no winners in a nuclear war. Worldwide fallout would contaminate much of the globe for generations and atmospheric effects would severely damage all living things." Fortunately, through the International Physicians for the Prevention of Nuclear War (IPPNW), this message has been carried to Russian physicians who are part of this organization, including Dr. Chazov, cardiologist of the late Leonid Brezhnev, and USSR Deputy Minister of Health. They have been on Soviet television and have written numerous articles on the dangers of nuclear war which have appeared in many Russian newspapers. You can help stop this "nuclear madness." You can assist the bilateral nuclear arms freeze movement in several ways. For example, you can contact your nearest peace center 'or freeze chapter, and ask whatyou can do to help. You can also organize local freeze petition drives to collect signatures of supporters for a freeze, and introduce the freeze proposal into your town, city or county council. Involve your state legislators and your Representatives and Senators in Congress. Ask them to support the Kennedy-Hatfield and the Markey-Conte Nuclear freeze proposals in Congress. Write directly to the President! Also, send articles or letters supporting the freeze to your local newspaper, and tell others why you support a freeze now, and enlist their aid in this effort. Finally, use your imagination and discover your own personal ways to help in this campaign. You, like millions of Americans already doing these things, can make the dif- ly, a bilateral nuclear arms allows defense contractors to freeze will stop the arms race, exert on (the U.S.) government. both the U.S. and give and This alliance forms a triangle U.S.S.R. a chance to reverse with military contractors. Con- their insane rush towards gress and the Pentagon seated mutual suicide. By following a at its three corners. Its very gradual, bilateral, and nature excludes public pararms reducverifiable nuclear ticipation from the military tion program, both countries decision making process. Yet it can help prevent the "war that brings contractors so close to will end all wars": an all out government that they not only U.S.-U.S.S.R. nuclear war, carry out military policy, but where over 250 million often create it." Americans and Russians will As for its verifiability, the be killed or severely injured freeze proposal fs relatively outright. With the additional easier to check than other threats of massive injuries arms control treaties. "Indeed, among the survivors, with little ference. Herbert Scoville, former Depu- medical assistance left, severe ty Director of the CIA, condestruction of the environtends that a freeze is easier to ment, depletion of the earth's Two paths lie before us. One verify than a treaty like SALT I ozone layer, widespread fires, leads to death, the other to or SALT 11. Such treaties conlife.. One day, and it is hard to rampant diseases such as believe that it will not be soon, tain complicated limits on bubonic plague and TB, signifiwe will make our choice. Either numbers and modifications of cant amounts of radioactive we will sink into the final coma to a planes; detect missiles and fallout covering the earth, and and end it all or, as I trust and violation requires continuing radioactively contaminated believe, we will awaken to the and exact measurements of a food and water supplies, truth of our peril, a truth as vast array of possible and progreat as life itself, and like a die. millions more will hibited activity. With a freeze, person who has swallowed a In a booklet entitled The however, a violation would be Medical Aspects of Nuclear lethal poison, but shakes off his known if the adversary did War, stupor at the last moment and Physithe group known as vomits the poison up, we will anything new at all." cians for Social Responsibility break through the layers of our following the As for Soviet compliance in (PSR), points out denials, put aside our faintpast arms control agreements, scientific and medical facts... hearted excuses, and rise up to "1. Nuclear war, even a the Department of Defense, cleanse the earth of nuclear weapons. the Joint Chiefs of Staff, the 'limited one', would result in State Department, and the death, injury and disease on a scale that has no precedent in Arms Control and Disarmament Agency stated in 1980 the history of existence. "2. Medical 'disaster plannthat "Soviet compliance per- . April 20,1983 Opinion 10 �History Behind the MX: Quest For Superiority continued from page 1 superiority. nuclear bombs until well after 1949 Khrushchev was soon forced when they first tested their out of office. After that, Rusown. It was not until at least sian leaders vowed to do 1955 that they developed a whatever they had to do to long-range bomber capable of become America's equal in striking the U.S., and that strategic weapons — to create event began the end of the a balance where there was no era of American domination in balance. This they accomplishnuclear warfare During this ed, no doubt at great cost to era, American leaders could the Soviet economy, around threaten Russia' with nuclear 1970 or so when they finally weapons and Russia could not developed ICBMs which could threaten back: they did not be put into hardened silos like have deterrence. What they our own. did was to remobilize their ar- The SALT I Treaty By 1970, then, both the Rusmy and counter-threaten an invasion of Western Europe if sians and the Americans had America were to attack Russia. around 1,000 ICBMs in hardenNo doubt Soviet leaders learn- ed silos aimed at one another ed some sort of lesson during and neither side could calcuthis time: achieve strategic late any particular advantage to expanding this fleet. Both equality as soon as possible. sides could deter a first strike by threatening to retaliate The Cuban Missile Crisis The next decade, 1955-1965, against their enemies cities. is confusing because this was This is called Mutually Assured the era of the development of Destruction, or MAD, for short. intercontinental ballistic Let us explore thie situation in missiles (ICBMs) and the more detail. The SALT I treaty of 1972 is replacement of bombers which took some 6 hours to arrive on a product of both sides target, by missiles which took recognizing this stand-off. Suponly 30 minutes. Initially, it pose that one side were to seemed that Russia was ahead attempt to expand the number when in 1957 the world could of their ICBMs from 2,000 to stand out in the evening and let's say 3,000; this would cost watch the tiny bright-lit Sput- a great deal of money, would nik cross the dark skies. Russia take years to accomplish, and had used its captured German would be quite visible early on i.e., scientists to refine the old Nazi in satellite photos V-2 rockets into long-range verifiable by "national ICBMs. These were very heavy, means." In other words, it costly, unreliable, fueled with would not have been possible liquid and took a long time to to proceed in secret, without — start up. America bet on solid- fueled ICBMs which were smaller, more compact, cheaper and quick to start.up and they could be placed into fortified concrete silos underground, whereas the liquid fueled ones of the Soviets could not. But, Russia got ICBMs first and this frightened Americans. John Kennedy may have won his election for President in 1960 by the use of the issue of the "missile gap" based on erroneous estimates on Soviet intentions to develop a huge fleet of these newly developed ICBMs. When Kennedy came into Office, he could see for himself by looking at reconnaissance photos taken by U-2 overflights that there was no missile gap at all, that the Soviets had not made 300 ICBMs but only a half dozen. Why? Who knows, really; but the cost and the need to go ahead with solid fueled development were most likely the reasons. This example shows us that our politicians are willing to abuse the public's trust, use our fear of being vulnerable to a Russian first strike, to gain their own political ends. This example reminds us that the debate over nuclear weapons cannot — warning their enemy early on. More than that, this build-up even if it could have been done secretly, would have given the builder no strategic advantage. Why not? Because even with a 3,000 to 1,000 advantage, this would mean trying to strike at an enemy's forces three weapons to one target, and while the probability of success that teach individual target might have been as high as, let's say, 95%, to do this 1,000 times over successfully at the same moment is infinitesimal. There is an overwhelming probability of dozens of target missiles surviving unscathed, ready for counter-attack on major enemy cities. In other words, first strike simply couldn't be done. Thus, Nixon and Brezhnev could accept the SALT I treaty which recogniz- ed this technological stand-off. Similarly, both sides knew that while they could spend scores or hundreds of billions way, the probability of a first strike by either side is increas- ed. If both sides install such missiles the American MX which has ten warheads or the Soviets SS-18 which has 8 then while both sides have limited themselves to 1,000 missiles or launching vehicles they could attack their opponent's ICBM force at an 8 or 10 to 1 ratio. This further increases the probability of a first strike but it is still remote. But there is more, and it gets worse, much worse. Scientists have learned how to develop complicated — navigational systems exploiting (perhaps underwriting) the micro-chip revolution that allows high speed computations to be made quickly by tiny machines, and it is now estimated that the SS-18 and the MX can land within a few hundred feet, if not closer, to their targets. This means that they can, with a much greater probability, destroy an underground enemy missile, even if it is buried in a harden- ed concrete and steel silo. The President's Commission, nonetheless, recommends putting 100MX missiles, with their ten warheads each, into the old Minuteman silos, which will be just as vulnerable as the Minutemen they replaced — Opinion 11 April 20/.1983 ' must accept parity — MAD — with the Soviet Union in nuclear strategic weapons, that is, they and we both can effectively deter one another from launching a nuclear first or else America must were, and because they now strike, prepare for an enormous with carry more warheads development to gain, or much more accuracy, they regain, the upper hand, the represent a more inviting nuclear superiority we target than the missiles they clear let's say, after the Second had, replace. Ironically, they do this All the talk about War. World while recognizing the need to nuclear a "protracted fighting the reduce ratio of "attacking "prevailing" war", or such a in warheads to launching or about building an efmissiles" on both sides. In war, civilian defense other words, they recommend fective or system, building some new a MX system that runs totally against their' sound strategic anti-missile defense out of or whatever, all advice. What are we to make laser beamsbased on deciding this talk is a of policy which contradicts in favor of question the above its own stated assumptions? regaining nuclear superiority Are they stupid — or crazy? over Russia. Read on. The Anti-MX Movement The Freeze movement which calls upon our leaders to negotiate a freeze on the production of nuclear weapons and delivery systems, is based on accepting the present equality in nuclear weapons between America and Russia. Since Americans have never been told directly that it has been America, not Russia, that has for many years threatened the first use of these weapons against an enemy, Americans are naturally confused about this now open policy debate going on in Washington. They do understand the costs issue, and this may tip the scales in our depressed economy. But so few Americans realize that our foreign policy has for a long time been based on — nuclear superiority as tested in the 1962 Cuban crisis that we do not know what the consequences are of accepting parity with Russia. People ask: why can't America just threaten Russia with nukes if they go into Poland or Afghanistan? Why, indeed? It is in line with refusing to with accept nuclear Russia for President Reagan to project, as he recently did before a congregation of fundamentalist Christian clergy, that the struggle is one of godfearing people against the devil incarnate. He is in effect asking the American people to reconstruct our whole society around a probably unat- — tainable goal of nuclear superiority to be gained in the years ahead, and a willingness to use this superiority to fight and win a protracted nuclear war. This is, of course, madness and will only appeal to a fundamentalist fringe who believe the "end is near" anyway, and who are "ready to face the Judgement Day." Organizing Our Own Backyard by Anne Casper Anne Casper is a citizen of South Africa and a graduate of the University of Cape Town. She worked in the Buffalo area as a chemist previous to becoming a chemistry teacher at Mount Mercy Academy. Anne is the faculty advisor to the No Nukes Club at the Mount and is also a member of the Erie County Nuclear Freeze of dollars developing an antimissile system (ABM) to defend their missiles against an Coalition. attack, the attacking country The Cold War rhetoric and can easily, and at small cost, arms proliferation policy of provide decoys with the at- the present administration has tacking missiles and nullify produced an accompanying any possible ABM. Thus, in proliferation of antinuclear be left to politicans, but must 1972 a separate but important groups. Whether neighborand has, now become treaty: no ABMs. hood-based or organized along public issue. Multiple Warheads and In- educational, professional or In 1962, Premier Khrushchev stability religious lines, they are all restore, to attempted From 1970 to the present united by a common goal: ensomewhat, that actual im- day, while both sides are ding the arms race. balance that was heavily in limited by treaty to approxThe following list of America's favor by installing imately 1,000 ICBMs, the have organizations in the Buffalo small short-ranged missiles in found ways to place multiple metropolitan area gives some Cuba which, being 90 miles off warheads, each with its own indication of the level of proour shores, would transform H-bomb, each aimed at dif- test taking place locally. The them into strategic weapons. ferent targets, on a single first four, with permanent adBefore he could do this, Ken- missile, so that it is impossible dresses and full-time staff, are nedy threatened an invasion of to know how many attacking listed out of alphabetical Cuba and forced him to back warheads there are by coun- order, being valuable resource clown. Kennedy was able to ting the number of missile and information centers. risk a military confrontation launchers on the ground. And with Russia because the U.S. furthermore, by multiplying Western New York Peace possessed an overwhelming the effect of each missile this Center, 440 Leroy Aye., Buf- — What If They Attack Europe? Our old policy of Massive Retaliation to forestall Russia's attack on Western Europe With conventional armies, has dissolved. This happened as a direct result of the development, in the late 19605, of a Soviet deterrence. You see, America has for a' long time relied on our nuclear superiority to defend Europe, but it can no longer do this. Are we willing to take the risk of all-out nuclear destruction of our cities to defend Western Europe from invasion by nonnuclear armies? Few believe this. This is why a group of former top policy makers, like former Secretary of Defense McNamara and George Kennan, now recommend a policy of "no first strike", and it is also why Secretary Weinberger recommends, by way of response, a policy of fighting a protracted nuclear war, following subtle changes in U.S. policy since the mid 70's, under Ford and Carter. In other words, a choice must be made: either America falo, N.Y." 14215; phone 835-4073. Founded 15 years ago as a chapter of Clergy and Laity Concerned (CALC), a national interfaith organization, the Peace Center is dedicated to action on disarmament, draft resistance, world hunger and peace education. Co-sponsors a monthly Peace Breakfast with the Center for Justice. Share information and resources (A-V materials, books, picture displays, fact sheets, puppet show...) with the community. Serves as a clearinghouse for local peace activities. Center for Justice, 2278 Main St., Buffalo, N.Y. 14214; phone 838-4910. Created in 1973 by the Western New York Leadership Conference of Women Religious. Has research/action programs on disarmament, El Salvadore, the environment, legislative lobbying, education and justice corporate (IPC), 100 Wadsworth, Buffalo, N.Y. 14201; phone 883-7717. The peace-making vehicle of Buffalo Area Metropolitan Ministries (BAMM), an association of Christian, Jewish and Muslim communities serving WNY. Established little more than a year ago, it has pro- moted and coordinated several peace activities. Currently coordinating events for Peace Week (May 22-28). Membership consists of delegates from denominational groups and organizations like the WNY Peace Center and the Center for Justice. Sierra Club Radioactive Waste Campaign, 78 Hlmwood-Ave., Buffalo, N.Y. 14201; phone 884-1000. An arm of the Sierra Club concerned with the effects of nuclear waste. At the forefront of the movement to clean up West Valley. Produces slide shows, a newspaper The Waste Paper, and many fact sheets. Focuses largely on nuclear utilities; overlap with weapons industry since over 90% of all radioactive waste is produced by military. responsibility. Co-sponsors monthly Peace Breakfast with the Peace Center. Has a growing lending library of print materials and A-V resources. Hosts local chapters of Pax Christi, Network and ESR. Educators for Social ResponInterfaith Peace Coalition continued on page 11 �Nuclear Detonation Scenario When The Bomb Blasts Buffalo Editor's Note: Ground Zero, a local pro-freeze organization has described what would happen if a 20-megaton bomb were dropped over downtown Buffalo. City Hall to 1.5 miles In a fireball of intense heat and blinding light, buildings and structures within 6 miles of ground zero are reduced instantly to molten slag and rubble, killing thousands. This area stretches from Sheridan Park in Tonawanda, to exit 52 in Thruway Cheektowaga, to the furthest edge of Lackawanna, Fort Erie and Crystal Beach. All people in this area are now dead, vaporized or burnt by the incinerating fireball; or crushed by the shock wave and the winds of up to 300 mph... within 20 seconds. 1.5 to 6.0 miles A 20-megaton bomb is dropped near ground level over Buffalo City Hall and Niagara Square. Immediately, a powerful surge of voltage is produced by the radiation. Power lines, antennas, and electrical circuits are knocked out within many miles. Newspapers spontaneously ignite and burn within 25 miles of City Hall. Niagara Square, Children's Hospital, Roswell Park, the Naval Park and the entire waterfront area disappear in a burst of light. Everything in the downtown area, the streets and highways, the earth itself, and all living things are vaporized several leaving a crater hundred feet deep... All within seconds. 6 to 10 miles The blast wave flattens all but the strongest buildings within 10 miles. In Lakeview, Orchard Park, Lancaster, Amherst and Grand Island, the blast wave, 180 mph winds and raging fires almost total casualties with at least 50% of the people dead and 40% injured. Survivors crawl from the wrecked homes to a firelit terror. Power is out. Gas lines rupture and explode, flames spread quickly, unchecked. Rising overhead is a dark mushroom cloud, already over 12 miles in diameter. It blots out the sun, turning day into a nightmarish night: Those few who survive die from burns or, within six months, from exposure to radiation. pharmacies, clinics, and medical supply and drug stores. The total combination of factors will leave the medical response to this incredible disaster very inadequate. For up to hundreds of miles away, depending upon wind patterns, the nature of the bomb, and other factors, radiation kills thousands more. The radiation is spread by a million tons of contaminated soil particles and debris drifting away from the blast area. If the wind is blowing at 15mph, fallout of lethal intensity will descend in a plume about 150 m. long and 15 m. wide. Fallout of sublethal but still serious intensity will extend another 150 miles downwind. Millions more people will be affected by fallout over a period of days and weeks. A portion of the fallout 10 miles and 0n... Even at 20 miles from rises high into the earth's atground zero, in Angola, Alden, mosphere, circulates around and then, over monAkron, Lockport, Niagara Falls the earth, or descends, con- The concentric circles in this map delineate the areas oi destruction ths years, and Port Colborne, 50% of the the surface of the described in the article. taminating are people killed or injured by globe; at much although direct thermal radiation and weaker doses. blast pressures. The initial A nuclear detonation also fireball can cause at least causes a chemical reaction second-degree burns in exposed human beings at a distance within the earth's atmosphere, depletes or destroys the of 28 miles from the epicenter, then ozone layer. This crucial layer continued from page 10 Erie County Nuclear City Hall. shields the earth's surface sibility (ESR), c/o Center for Coalition, c/o Sierra Freeze Club, from the lethal levels of ultra- Justice, 838-4910. 884-1000. WNY Devastation Newly-formed chapter of naGrassroots action and lobbyEverywhere fires spread. violet radiation. A nuclear Everywhere there is hysteria as disaster would leave all living tional group of parents and ing group working for adoption people try to find medical aid things exposed to these lethal educators working for arms of nuclear freeze. Successfully for themselves and their rays. For many of those who reduction through community initiated passage of freeze survive, if there is action. Responds to students' resolution in Buffalo Common families. Included in the any, andtheifrecovery, it can be called nuclear-age fears by encouragCouncil. destruction are 70-80% of the that, will be long and painful, ing discussion and introducing cities physicians, as well as the perhaps 'with permanent relevent curricula into the Ground Zero, 878-4900. severe damaging of hospitals, disability. classroom. A non-partisan, nonadvocacy organization devoted to public education on the threat of nuclear war. $33 billion added to military it will b. nearly impossible to first step toward peace. Conducts opinion polls, and is budget implement God's demands for For the first time in 35 years currently hosting a program of The direct trade-offs peace and justice. the US and USSR have about Pentagon-type war games callrepresented by these figures We will also need to begin the same strength in nuclear ed "Firebreaks". demand that those who are thinking about local strategies forces. A rough balance now for bringing greater pressure to exists that may never exist Ken-Ton Peace Pilgrims, c/o fighting the cuts in social programs and those who are strugbear upon the White House again, a balance at which we Church of Nativity, 875-3365. gling against the arms race and Congress, to effectively can call the arms race to an (ask for Kay Woike or Dan make common cause with one issue a broad-based challenge even'halt. Our moment of op- Schifeling) An interfaith religious group another in the years to come. to the war that has been portunity will not last long Concerned religious people declared against the poor and because a new generation of who hold a monthly Peace can play a leading role in this powerless. Our voices can be weapons is already in the Vigil at the corner of Delaware important process of coalition raised in a variety of ways: works. The US, for example, is Aye. and Delaware Rd. and a building, not because we can public forums and hearings, about to begin a 15 year pro- monthly Prayer for Peace at paternal istically speak for the media appearances, vigils and gram to build 17,000 more different churches. poor, but because the choices rallies, and by letters to warheads. A mutual agreement our nation faces are embodied newspapers and legislators. between the two superpowers No Nukes Club, Mt. Mercy in the life of each congrega- Each local group must develop is desperately needed to break Academy, 825-8796. An extracurricular high this deadly momentum. It can tion. Our young people don't its own approach. only happen if we can create school club, concerned with need the draft, they need jobs. Our older people don't need Fight the Squeeze With the enough popular support for studying the nuclear issue and the Freeze. sharing the knowledge with new weapons of overkill, they Freeze One of the most practical Can we trust the Soviets? parents and peers. Activist as need better housing at affordable prices. Our working peo- ways to defend ourselves The Freeze does not depend on well as educational. ple can't live with the infla- against the onslaught of the trust. To help- prevent tionary effects of military Reagan budget is by actively cheating, each nation can rely Physicians for Social Responspending, they need a living supporting the Nuclear on existing verification sibility (PSR), 894-4352. A national organization of wage. Our sick members don't Weapon Freeze Campaign. The methods. Our satellites, for exneed cruise missiles, they need Freeze Campaign has already ample, are so sensitive that physicians, dentists and affordable health care. Our attracted a great deal of sup- they can read a license plate in medical students concerned children don't need neutron port within the American Moscow. The US and USSR with the medical hazards of have signed 14 constructive nuclear weapons and war. bombs, they need better religious community. A growschools. None of us need the ing body of synagogues and and long-lasting arms control Recently sponsored a lecture MX Missile, we need an effi- churches, labor union,s agreements which have not series, "Nuclear Issues for academic commitees, senior been violated by either coun- Health Professionals", at U.B. cient mass transit system. To bring together different citizen organizations, and try. Current discussions with Medical School. Will be groups which have grown used Black and Hispanic organiza- Soviet representatives indicate presenting films during Ground tions, among many others, that they would give the Zero Week (April 24-30) to working in isolation will involve hard work, yet we must have joined together to en- Freeze serious consideration. watch for posters. It is time to stop guessing dorse the main call of the cambuild grassroots alliances based on shared interests if we are paign: that the United States whether the Soviets would United Campuses to Prevent Nuclear War (UCAM), to reach out effectively to an and the Soviet Union should violate this important agreeeven broader audience. adopt a mutual Freeze upon ment. We must put forward an 831-2969. A national educational Without a strong foundation of the testing,' production and initiative that would challenge concern, encompassing many deployment of new nuclear them to choose between peace organization with a memberdifferent constituencies inside weapons, and the bombers and and further preparations for ship of students, faculty and community. and outside our congregations. missiles that carry them, as a war. April 20, 198*I Opinion Organizing... . Religious Gp. Laments Militarization continued from page 5 to live for God may yet see the day when swords will be beaten into plowshres; when tools of death may be converted into tools of life. To choose life will always involve risk, but we must take risks again and again so that God's plan may be brought closer to fruition. The prophets of the Bible will have preached for naught if all they have done is raise our consciousness about the links between poverty and war. Awareness is only the first step. "Let us not love in world and speech," wrote the apostle John, "but in deed and in truth." (I John 3:17) Now is the time to take risks with God for peace and justice, before the next generation of weapons is built with the very blood of this generation. The Struggle for a Fair Budget The budget policies of the Reagan Administration deep cuts in human needs programs and the largest peacetime military build-up in the nation's history are leading the country to certain economic misery and probable nuclear disaster. Consider the budget strategy for the next three years: Fiscal Year 1982 $35-40 billion cut from — — social programs v $40 billion added to military budget Fiscal Year 1983 $30-40 billion tut from social programs - ' 12 �Are The Russians Coming? — ty an agreement to prevent the spread of , 1972 1974 Table 1: Herbert Scoville, Jr. wrote: Military Expenditures Estimate the ABM (anti-ballistic 1979 missile) treaty... has done (Billions) more to enhance our security and reduce the risk of war than By NATO Warsaw Pact all the thousands of new $218.6 $127.2 SIPRI missiles and warheads we have WMSE $127.5 $218.1 procured in the last ten years U.S.Cov. $212.5 $210.7 at a cost of billions of dollars." Source: Ruther Leger Sivard, World (MX, Prescription for Disaster, Military and Social Expenditures, nuclear weapons to other countries. Strategic Arms Limitation Talks (SALT I) limited antiballistic missiles to two sites (later reduced to one) in each country and limited the offensive forces on each side. Threshold Test Ban Treaty limited ". - — 1981) underground tests to a of 150 maximum kilotons (signed but 1979 — not ratified by the U.S. thus far both sides are abiding by the provisions). Strategic Arms Limitation Talks (SALT II) further limited the of- - -7 pensive forces of each. side (signed but not ratified by the U.S. thus far both sides are abiding by the provisions). — . ., 1982) 2. The Gaps are Coming The myth that "the Russians are coming" takes concrete form in the claim of gaps in military strength. These are used to convince Congress and the public to accept increases in military budgets. Here are a few examples of the gaps that appeared and disappeared: The Bomber Gap In 1955, the Air Force In any case, compliance predicted that Moscow treaties not with these does de- "could" produce 600 to 800 pend solely on good faith. As Bisons and Turboprop Bears by stated previously, the U.S. has 1959. The U.S. quickly expandits own national means of ed its strategic bomber force verification. to about 600 B-52s and more than 1,500 B-475. Today, it has been established that the A Nuclear Samizdat: Cold War Fueled by U.S. Offensive continued from page 7 just visited the United States, United States has traditionally technological balance of and had gone to great lengths seen new strategic weapons as power, combined with the efto demonstrate his commitbargaining counters to force fects of the U.S. defeat in Inment to peaceful coexistence the Soviet Union to ratify the dochina and the Watergate — including the sacrifice of permanence of the postwar im- scandal, induced a major previously close Soviet ties to balance of military and alteration in the American atChina. * Ttre Soviet leadership political power. In fact, until titude toward disarmament expected some response in 1965-66, the Soviet Union did talks. Suddenly it became return to preserve the momennot have any real ability to possible to have dialogue with tum toward the Paris summit. reach American territory, while godless Communists and even When Eisenhower instead the United States could reach to sign and ratify SALT I. foolishly justified the spy mis- any part of the Soviet Union. Finally, it is important to apsions, the Paris talks collapsed. In this respect it is incorrect to preciate how the legacy of the The significance of the U.S. speak of a "new" nuclear U-2 epoch is likely to have a overflights tplthe Soviet Union danger facing Europe; the very different weight for the was symbolic. They logic of the arms race from Soviet and American leaderrepresented a contemptuous 1949 onward has always meant ships. In the twenty years since expression of the United that Western Europe would be Powers was shot down, the States' technological superiori- the only real hostage of an ! U.S. administration has changty over the USSR., which had I atomic war. The United States ed completely several times. In existed since 1945. The was comparatively safe, and all probability, neither Gerald American refusal to disown this is why the Kennedy Ford nor Jimmy Carter still these violations of interna- brothers could so confidently less Ronald Reagan today tional law during the 1960 threaten military actions durhave any recollection of the "thaw" signified Washington's ing the dark days of the Cuban history of the U-2s and the rejection of any equality in the missile crisis. decade of deliberate American negotiation process, a posture Following the'failure of the intimidation of the Soviet that rendered disarmament Paris summit, the U.S.S.R. defense system. The current talks in a new situation futile. made several unsuccessful at- Soviet leadership, on the other Khrushchev wrote later in his tempts to revive the disarma- hand, remembers these events memoirs: "As far as we were ment process. If these in- only too clearly. While concerned, this sort of esitiatives had succeeded, the these men's perceptions of pionage was war — war waged world could have been spared American policy may well not by other means the great arms race of the next be entirely correct, they are inAmericans. were using decades, and,the superpowers contes tab I y grounded in a military means. And they might have achieved some much longer and more solid couldn't hide behind their reasonable stabilization of personal experience than the technology forever."** their mutual defense systems. perception of Soviet policy by The U-2 episode happened But as Khrushchev had been the current Administration in almost a generation ago, but forced to learn twice through Washington. the essential American apthe bitter experiences of the * In September 1959 the bombardproach to disarmament reU-2 and Cuban crises, the only ment of Quemoy and Matsu began, mains the same. Successive chance of getting serious and Eisenhower promised full support U.S. administrations have negotiations under way was to to the Kuomintang to repulse a Chinese the use of nuclear made the preservation of a show the United States that attack, including Khrushchev, despite the urgclear military-technological "they couldn't hide behind weapons. ing of the Chinese leadership, neverlead over the U.S.S.R. the their technology forever." theless refused to cancel his trip to the precondition to any serious Thus the new Soviet leader- United States, and when he later negotiation. Looking at this ship, in the aftermath of the visited Peking for the tenth anniversary of the Chinese Revolution, he was from another angle, every Cuban ultimatum and the given an unfriendly reception and cust significant new technology of breakdown of diplomatic overhis visit short. nuclear warfare — nuclear- tures, decided to pursue the ** Khrushchev Remembers, pp. missile submarines, multiple massive national effort re- 446-47. After the Powers flight, the independently targetable re- quired to attain a credible United States ceased U-2 flights over Soviet Union because it was clear entry vehicles (MIRVs), cruise deterrent capability. It was on- the that Soviet missiles could now destroy neutron missiles, the bomb and ly in the late 1960s and early them. But it did not repudiate the pracso on has been introduced 19705, while the United States tice of overt surveillance, and in fact into the arms race by the was mired in Vietnam, that the continued U-2 flights over Cuba, Korea, Vietnam and China. To this day, United States. Rather than U.S.S.R. finally acquired the the United States the-only viewing the negotiation pro- means for large-scale nuclear country in the world remains that — despite its cess as one of preventing the retaliation against the con- possession of space satellites still development of further tinental United States. This maintains a program of such flights systems of annihilation, the change in the military- over the territory of other'countries. : —— . . — : — Opinion 13 April'2o, 198j $207 billion. These treaties have helped maintain the peace. A former senior official of the CIA,, Dr. continued from page 7 1968 Non-Proliferation Trea- The Current Gap Today, the government claims that the Soviet Union could strike first, destroying our land-based missiles. This alleged weakness in our defense has been labelled the "window of vulnerability." In fact, this is an issue only for those who would preserve the option of launching a first strike 'by our land-based missiles. The "window of vulnerability" is as bogus as the "gaps" were before it. In this case, it is used to support deployment of the first-strike MX missile. In any case, our retaliatory forces from bombers and submarines remain secure from any attacks. (Union of Concerned Scientists, The Myth of Soviet Union never possessed as many as 300 strategic bombers. The real gap was about five to one favoring the Vulnerability, 1982) U.S. Do the Soviets Want Peace? Regardless of how one may The Missile Gap In 1957, following the launfeel about this question, there ching of Sputnik, Congres- is objective evidence on which to form a judgment. sional and Intelligence Agencies estimated that the Soviets The Soviet Union already "could" build 1,000 ICBMs by supports a nuclear freeze. 1961. In 1962, the actual Soviet The Soviet Union has In already pledged a no-fjrst use force was estimated at the meantime, the missile of nuclear weapons. The Soviet Union is for a "gap" was used to support the expansion of U.S. land-based Comprehensive Test Ban. missiles to over 1,100. The Soviet Union ratified Salt 11. The Soviet Union has proIn Feb. 1981, President posed a staged 25% reduction Reagan stated that "since 1970 in all nuclear weapons. the Soviet Union has invested The United Nations General $300 billion more in its military Assembly, on Dec. 12, 1982, force than we have." This is adopted a resolution calling on simply not true. The CIA the U.S. and the USSR to stop estimated the cost of the making weapons and fisSoviet armed forces on the sionable matter and to agree same basis as the cost of run- to halt the deployment of ning the U.S. military system. nuclear arms and to ban Under this ludicrous accoun- weapons tests. The vote was ting, when a Pentagon contrac- 119 to 17, with 5 abstentions. tor has a cost overrun, Soviet Only the U.S. and its NATO military spending increases a allies voted no. [NYT, 12/13/82). corresponding amount. Every On Dec. 9th, a resolution calltime Congress votes a pay raise ing for a treaty outlawing all for the U.S. soldier, the U.S. nuclear explosions was government's version of Soviet adopted by a vote of 111 namilitary expenditures also goes tions to 1, with 35 abstentions. up. Only the U.S. voted no. (NYT, Table 1 compares the 1979 12/10/82). estimates of military expenThe United States governditures of NATO and the War- ment refuses to support any of saw Pact as estimated by two these peace initiatives. If not independent sources and by for Washington, a world-wide the U.S. Government. nuclear freeze would be in efIndeed, the Secretary of fect today. In the age of nuclear Defense reported to Congress in 1981 that NATO (including weapons differences in social the U.S.) had outspent the War- systems must be resolved by saw Pact (including the USSR) non-military means by in every year of the 1970s for a negotiation, not by confrontatotal gap in NATO's favor of tion. The Spending Gap — Fund Raiser for the NUCLEAR FREEZE music April Buffalo Friends of Folk 30th Church of Ascencon by - Linwood & North - 8 p.m. — $3.00 Donation — �Rep. Downey Criticizes Reagan's Untruthfulness continued from page 1 (13) Completed deployment of the a strategic force hundreds of times Minuteman I, the world's first solid more effective than their predecessors. fuel ICBM. Except for the unsuccessful It is true that the Soviet Union has SS-13, the Soviets have yet to deploy or also raced, and overall it has made successfully test a solid-fuel ICBM. more progress in the last 20 years than (14) Replaced half the Minuteman Is we have. But this is because it started with more advanced Minuteman Ms. from a lower baseline. To whatever ex(15) Replaced the remaining tent this sterile comparison has meanMinuteman Is with Minuteman Ills. ing, the Soviet strategic forces were inMinuteman 111 was, by a five year ferior to ours twenty years ago, and remargin, the world's first MIRY ICBM main so today. (Editor's Note: see graph and is far more resistant to nuclear ef- P- 12) fects than its predecessors. (16) Replaced the warheads on a ma3. Militant Spending jority of the Minuteman Ills with the new Mark 12A, which has double the President Reagan: "Our defense explosive power of its predecessor but spending. went, downward through retains the same size and weight. The much of the 19705. The defense share Mark 12A is far superior to any Soviet of our United States federal budget has warhead in terms of explosive power gone way down too. In spite of a per pound. stagnating Soviet economy, Soviet (17) Doubled the accuracy of the leaders invest 12 to 14 percent of their Against targets, hard country's CNP in military spending, Minuteman 111. this is equivalent to quadrupling the two to three times the level we invest." to missiles, number of or octupling the Fact:. Mr. Reagan's statement is explosive power of the warheads. misleading, for the following reasons: (189) Tripled the hardness of (1) He ignores the contribution of our allies. Correcting for this error alone, Minuteman silos. (19) Installed a system for rapid we find our military spending to have remote retargeting of Minuteman. exceeded that of the other side by over Under a worst-case situation, this $200 billion over the last decade. (2) He ignores the fact that the gross would improve the effectiveness of our missiles hundreds of times, by ensuring national product of the Western alliance is approximately three times that they are directed to the highestthat of the Soviet Union. value targets. (4) The chronological comparison of Command, control, and strategy defense spending as a percent of the government budget is faulty in that the method of counting the federal budget (20) Progressively upgraded our computer capacity to deal with complex was changed during the Johnson Administration. In 1962, we did not count wartime problems. (21) Deployed the E-4A (Boeing 747) Social Security as part of the governairborne command post, for which ment budget; today we do. there is no Soviet equivalent. 4. Military Balance (22) Begun deployment of the E-48, a 747-based airborne command post President Reagan: "Today, in virtualhardened against nuclear effects. ly every measure of military power the (23) Continually evolved and improvSoviet Union enjoys a decided advaned our nuclear war plans. Unfortunatetage." ly, security classification prevents Fact: This statement is so far from specific discussion of this in a public the truth that it seems to have embarforum. But I urge every Member of rassed the White House spokesmen, Congress to spend a day at SAC headwho the next day sought to soften and quarters in Omaha and receive the full equivocate on it.Very briefly, here is a briefing on United States nuclear war summary of the military balance: plans. You will find that what we acA. Strategic forces: tually plan to do in a war makes a good (1) Manned bombers: U.S. far deal more sense than the drivel we superior. sometimes hear in Washington. I also (2) Submarine-launched missiles: wish that Mr. Andropov and his colU.S. superior. leagues would'receive the same brief(3) ICBMs: Soviets superior. ing. It would leave no doubt in their (4) Strategic defense: Soviets minds that the consequences of superior, but capability on both sides is nuclear retaliation by the United States relatively low. against the Soviet Union would be so B. Tactical forces: dreadful that nothing could possibly (1) Tactical airpower: U.S. substanjustify their starting a nuclear war. tially superior. (2) Aerial reconnaissance: U.S. massively superior. Overview (3) Sea-based airpower: U.S. massively superior. Even this very superficial examina(4) Surface combatants: Soviets tion shows 23 major and significant steps we have taken in the strategic superior in short conflict, U.S. superior arms race. These 23 steps have given us in long conflict. . . (5) Submarine and anti-submarine warfare: U.S. massively superior. (6) Airlift: US massively superior. (7) Land forces: Soviets superior. (8) Combat resilience: US superior due to Soviet overdependence on.centralized control. I (9) Psychologcial warfare: U.S. far inferior because of inaccurate statements by present and former U.S. government officials which have exaggerated Soviet strength and minimized U.S. strength. . President Reagan: "The Soviet Union put to sea 60 new ballistic missile submarines in the last 15 years. President Reagan: "The Soviet Until last year we had not commissionUnion has deployed a third more landed one in that same period." based intercontinental ballistic Fact: True, because the ships we had missiles than we have." were more than good enough. Unless Fact: This is true, but only because bankruptcy is our goal, we don't build of a major deficiency in Soviet weapons for the sake of building them; strategic .forces. We have a wellwe build them because we need them, balanced three-armed deterrent of and we didn't need more or newer ICBMs, submarine-launched missiles, missile submarines. and bombers, each contributing about The measure of a missile one-third of our strategic striking submarine's capability i power. is how well it (Editor's note: Although the can remain at sea undetected. Soviets have more ICBMs than we do, Our submarines remain at sea more ICBMs are the most vulnerable oi the than 55 percent of the time.The newer three basing modes.) The Soviets, in Soviet ships can do no better than 15 contrast, have about 75 percent of percent. their strategic striking power, and a Our ships are far more immune to much higher proportion of their alert detection. In fact, consider our ten concentrated striking power, in their oldest missile submarines, which have ICBMs. This places them at a severe been recently retired because we judgdisadvantage in that almost all their ed it not worth keeping them up. If you eggs are in one basket. But of course were to take all ten ships and run them that basket therefore is larger than the side by side, they would make less s corresponding U.S. basket and can be noise than one of the newest and so cited out of context.. quietest-Soviet nuclear ballistic missile submarines. More to the point, none of 8. U.S. Strategic Bombers our ships has ever been detected by the Soviets.. President Reagan: "For 20 years, the United States has deployed no new 14. Willingness to Negotiate strategic bombers." Fact: Not so. We have deployed 66 President Reagan: "Unless we FM-11A strategic bombers, which are demonstrate the will to rebuild our more modern than any deployed strength and restore the military Soviet bomber.. balance, the Soviets, since they are so far ahead, have little incentive to 10. Intermediate-Range Land-based negotiate with us." Missiles Fact: The Soviets are already willing to negotiate. They have indicated willPresident Reagan: "The Soviet ingness to accept a mutual and verifiable freeze on the testing, proUnion now has 600 of the missiles considered most threatening by both sides duction, and deployment of nuclear weapons; the Administration has refusthe intermediate range missiles based. The Soviets have indicated strong ed on land. We have none. The U.S. withdrew its intermediate range land- interest in the Gore plan for elimination of destabilizing weapons; the Adbased missiles from Europe almost 20 ministration has not. The Soviets have years ago." signed SALT II and are willing toratify who can do the most Fact: Nobody it; the Administration refuses to do the basic damage calculations considers these weapons to be of any military same. In no sense do I mean to critize my significance. An intermediate-range missile is simply an ICBM without inown country and praise the Soviet government, which is a vicious tercontinental range. The subtraction of these missiles from the Soviet force authoritarian state under which no rawould not perceptibly decrease Soviet tional person would wish to live. I am ability to devastate the nations of the not now criticizing my own country. West. Correspondingly, the addition of The public opinion polls, the various these weapons has not perceptibly freeze referenda, and the 1982 elecadded to this ability. They are political tions demonstrate beyond a shadow of continued from page 8 rather than military weapons, and have a doubt that we as a nation are deterno effect other than that which U.S. ofmined to have arms control. The proficial statements give them. blem is not the U.S. as a nation. It is As for U.S. land-based IRBMs, we not the American people. It is the imposes a legal Charter, which ciples reaffirmed by the Hague duty upon all states to refrain Convention of 1907 which from the threat or use of force specifically prohibits "wanton in international relations. and indiscriminate destrucTHERFORE, BE IT RESOLVtion"; c. The Protocol for Prohibition of the Use of War of Asphyxiating, Poisonous br Other Gases and of 11. Missile Submarine Procurement 6. Numbers of ICBMs ' . . Lawyers Guild withdrew them because we recognized their dubious military utility. As for our missile submarines, although their deployment rate is almost quadruple that of their Soviet counterparts, none has ever been lost at sea, or disabled, or late returning from patrol. Soviet performance in submarine safety, in contrast, has been horrendous. ED, that the threat or use of nuclear weapons is contrary to the laws of humanity, the laws of war, the United Nations Charter, the Nuremberg PrinBacteriological Methods of ciples and constitutes a crime Warfare (1925) prohibits such against peace and humanity; weapons, which are similar to and nuclear weapons in that they BE IT FURTHER RESOLVED, produce long lasting, biological and environmental that the National Lawyers effects, and cause unnecessary Guild urges all nuclear and indiscriminate suffering weapons states to assume for innocent civilians and com- responsibility for reversing the batants alike; nuclear arms race by entering into serious, good faith d. The Nuremberg Principles bilateral and multilateral of 1946 which make' the negotiations to stop any further development and deploypreparation, planning, initiating or waging of a war of ment of nuclear weapons; to aggression a "crime against substantially reduce existing peace"; nuclear weapons arsenals; and . . — r m Rf.MEMN.A-. — 15 Arms Reduction President Reagan: "We will moder- nize our military in order to keep the balance for peace, but wouldn't it be better if we both simply reduced our arsenals to a much lower level? Our proposals would eliminate some 4,700 warheads and some 2,250 missiles I think that would be quite a service to mankind." Fact: Arms control is a service to mankind to the extent that it reduces the probability of nuclear war, reduces the expense of the arms race, and/or reduces the damage which would occur in a nuclear war. Let us evaluate the Reagan arms control and national security program by these yardsticks: (1) The probability of nuclear war depends, not upon the balance between the total strategic forces of the two sides, but upon the balance between the first-strike war-initiating forces versus the second-strike wardeterring retaliatory forces in both directions Under the Reagan plan, the strategic ballistic missile forces of the two sides would be made up of MX and D 5Trident II missiles, which are weapons primarily designed for first strike. The ratio of ICBM warheads to ICBM Launchers a key measure of ICBM vulnerability would be six to one, which is higher than it is today. Thus, under the Reagan program, the probability of nuclear war would be higher than it is today. (2) START would not impair the MX, Trident 11, B-1, Stealth, or cruise missile programs Thus, it will not save any of the taxpayers' money. (3) While START would force reductions in the numbers of deployed ballistic missiles and warheads on them, it would permit an increase in the total destructive power of the world's strategic arsenals. This is because it sets no limit on deployed throw-weight which can be translated into explosive power, and it sets no limit on the payload, aircraft numbers, or warhead numbers of manned bombers. (SALT II does all these —— things.) I would like to believe that START is a service for mankind. I would like to hear Mr. Reagan explain precisely why this is so. I would also like to hear him. or somebody in the Administration explain why they feel anything I have said here today is wrong. " BMANCIN& TUL BJtefT IS JUST UM KUPIN6 VOW VIRTUE. VOUHKVt TO SWr Reagan administration which refuses to seriously negotiate strategic arms The Soviets are not ahead, nor do theyperceive themselves as ahead On the contrary, they see the Reagan defense program as seeking to create U.S. strategic superiority whatever that may mean. I have no inside knowledge of Kremlin thought, but all logic and all presently available evidence argues that the Soviet response to the Reagan defense program will not be greater amenability to negotiations but rather an augmented strategic program of their own "NO." ] ' J .4 J| / l|/ AfO K7 i UJH/\1 J i YMnTTQVOU.HONLV&ONKV, — J ] , to join in formulating an inter- c. The Genocide Convention of 1948 which prohibits the murder, extermination or intentional destruction in whole or in part of a national, ethnic, racial or religious group; f. The United Nations national convention for the complete elimination and prohibition of all nuclear weapons we as United States citizens have a special responsibility to urge our government to reverse its nuclear arms policy by adopting these measures. — --Mill*!! - jjfttjyfly ' \ ___wf A April 20,1983 •.■**: J. fivy*. \. ~ * Opinion. ■P.* '.*.*,*-' 14 �MADness... — — how much is enough? it is better to be conservative, to err on the side of safety." "These calculations, then, underlay the American nuclear force buildup in the 19605, and as we will later see, are still relevant to our argument that American national security will be gravely damaged by a nuclear freeze, which would prevent the sort of massive buildup that we again need to embark upon. Superficially, it might be assumed on the basis of the calculations I have just explained that a force of 300 strategic nuclear weapons would be sufficient for deterrence. Of course, this is most naive. To begin with, U.S. forces are designed on the assumption, in the main, that they will be used only in retaliation; therefore even after a surprise attack by the Soviet Union targeted on U.S. nuclear forces we need a force that is still capable of delivering 300 warheads on Soviet targets. Naturally, in making these calculations it is necessary to once again adopt conservative estimates: that the Soviet strike would work very well, and that large numbers of U.S. forces would be destroyed. To ensure that at least 300 would be left, it was necessary to have a force many times that size. Secondly, it must be remembered that the U.S. does not have just one strategic nuclear force, but at least three, and some would say four; land-based intercontinental ballistic missiles (ICBMs), submarine-launched intercontinental ballistic missiles (SLBMs), and intercontinental bombers. In addition, the U.S. has some fifteen aircraft carriers with one hundred or so nuclear fighter-bombers aboard, and many thousands of shorter-range missiles and aircraft based in Western Europe. Though these forces are capable of delivering nuclear weapons on Soviet territory, we prefer to think of them as tactical rather than strategic, designed for fighting a war in Europe rather than attacking the Soviet Union. Therefore, we, at any rate, do not count them as part of our MAD forces. For MAD purposes, we count only the ICBMs, the SLBMs, and the bombers, which together form the "Triad." Now, the key point is that each component of the Triad must be separately capable of carrying out assured destruction. Once again, this is nothing but sound, conservative, and prudent analysis: there must be a hedge against the possibility that the Soviets might develop a technological breakthrough that would enable them to continued from page 2 destroy one or even two components of the Triad in a surprise attack. Hence, each arm of the U.S. retaliatory force must be capable of riding out an effective Soviet attack, and still deliver the assured destruction." bombs on top of each ICBM and SLBM. Cruise missiles are an even more exciting development: they are small; capable of being fired from any kind of aircraft, submarine, surface ship or mobile land launcher; yet capable of flying thousands of miles and deliver- "By now, one can see that a force of many thousands of ing nuclear warheads with nuclear warheads, dispersed amazing accuracy, perhaps over a wide variety of delivery soon to within ten yards of systems, is necessary — not their targets. Mirvs are already merely 300. And of course, the deployed by U.S. forces, so matter doesn't end there. that our present force strucPrudence further requires that ture consists of some 9000 we assume that many strategic nuclear warheads, far retaliatory missiles will abort larger and considerably more on launch, others will be shot accurate than the earlier down or malfunction on route, Model-Ts, so to speak, and still others will miss their in- about 7000 tactical nuclear tended targets, and so on. warheads (although they Naturally this adds many more naturally don't count for MAD to the assured-destruction re- quirement." "By the early 1970's the United States had a force of some three thousand nuclear warheads, not counting, of course, those on aircraft carriers and European bases. Even at that point, with this minimal force, there were cries of "overkill." Critics made much of the fact that the U.S. stockpile of strategic and tactical warheads was equivalent in destructive power to over 500,000 of the kind of miniatomic bombs that were dropped on Japan, that the U.S. submarine force alone could destroy every city in the Soviet Union with a population over 100,000, or that a single American B-52 carried more destructive power than all the weapons used in all the wars in human history, including the two atomic bombs dropped on Japan. Why, it was asked, did the U.S. need enough destructive power to kill every Russian ten times over? This sort of sarcasm may be rhetorically effective, and it is just this sort of unsophisticated emotionalism that underlies the current nuclear freeze movement. purposes, as I explained earlier). Cruise missies are now just coming into our inventory, but by the end of this decade we will have about 8000 of them to add to our other nuclear forces." "It is these developments that have revived unsophisticated notions of technology run amok, of weapons built as if for their own sweet sake rather than to protect our security, of forces far beyond those necessary for MAD Purposes, no matter how conservatively estimated. Indeed, we do seem to have come a long way from the original 300-warhead deterrent force. But it is precisely this new technology, so deplored by our modern Luddites, or by well-meaning but naive backers of the nuclear freeze, that is opening up a rich new menu of strategic options to enhance our security." "To begin with, it is not really true that a force of even 20,000 nuclear weapons is necessarily sufficient to deter. We in the strategic community have the responsibility of designing our forces on the basis of worst-case assump- "...by 1990 or so, cruise missies may cost as little as $50 each —'Family Deterrence.' However, the notion of 'overkill' sorely misses the point The U.S. purpose, of course, is not to kill every Russian ten times over; it is simply to kill every -Russian once, but we must really make sure." "Since the early 19705, two tions. Now it is a well-known principle of military science that one can never be sure that weapons will work until they have been operationally tested in the field, as it were. Therefore, despite our American force: multiple independently-targeted reentry vehicles (Mirvs), and cruise missiles. Thanks to Miry, we can put from three to fifteen separately targeted hydrogen build-up, then, is in part a hedge against the contingency unlikely to be sure, but one which prudence requires we guard against that nuclear warheads may not work under thousands of successful testmajor technological firings of nuclear missiles, this developments have made it is simply no substitute for the possible to vastly expand the real thing. Our current U.S. — — wartime conditions. Under there will be no practical limits that assumption, of course, on the numbers of cruise there is still far too little for missiles which could be prodeterrence, not too much. Our duced..Cruise missiles without hope is that as ballistic and warheads would be ideal for cruise missiles become in- Slingshot Deterrence. Or, altercreasingly accurate, we may natively, curise missiles armed soon be able to substitute conwith nuclear warhead could be ventional warheads on them provided to each and every and, with sufficient numbers, American household, thus st/7/ be able to destroy at least diversifying our deterrent 25% of the Soveit population structure and making it inand 50% of its industry. No vulnerable to a disarming first doubt this will require missiles strike. We might call this numbering in the hundreds of potential strategy: "Family thousands rather than tens of Deterrence." thousands." "Still another option could "Still further down the road be this: if we choose to make is an even more revolutionary full use of the incredible new development: the deterrent developments in technology, force that hedges against the particularly in accuracy, we possibility that not even conmay be able to restore ventional warheads will ex- discriminateness to warfare, to plode in a retaliatory attack, once again make war a rafor we must always keep in tional instrument of political mind that though conventional will. The day is not far off explosives have been with us when we will be able to equip for centuries, none have ever every missile with extraorbeen fired on intercontinental dinarily accurate navigation missiles under wartime condiand terminal guidance systems tions. Though seemingly fanas well as a variety of optical, tastic today, such a force may auditory, and olfactory senwell become a reality before sors — people sniffers — first the turn of the century. And it developed by the United is here that we see the true imStates in the Vietnam War, but portance of rejecting the now reoriented to seek out nuclear freeze and continuing Russians rather than Vietour current program of rearmanamese. Indeed, these ment, for it is laying the basis weapons will be so accurate for several highly desirable op- that we will be able to intions." dividually target particular "The first of these options Russians, by name! Once this may be assured destruction capability is attained, the without any explosions at all, United States will be able to nuclear or conventional. With fight infinitely more selective, a sufficient number of long limited wars for limited pur'range missiles, we call kill 25% poses, targeting our missiles of the Soviet population and only at key Soviet leaders', and destroy 50% of its industry sparing innocent lives through the sheer weight of fall- altogether. For example, suping objects. The elegance of pose that in 1990 the Russians this, of course, is its utter were to try a limited land-grab simplicity: we need not rely for in, say, Denmark. We respond our safety on highly comwith a show ofresolve, smackplicated technology which ing Andropov or whoever right conceivable could fail in the in the head with a noncrunch, only on the time-tested explosive, long-range, terlaw of gravity. We in the Adminally guided, individuallyministration have tentatively labeled this option as "Slingshot Deterrence." Of course, the expense of the massive new build-up of longrange missiles necessary for Slingshot Deterrence would be considerable, but not as much as might first appear. Given the convergence of a range of technologies, cruise missiles will inevitably become smaller, lighter, and more versatile, and will soon benefit from the cost efficiences of mass production. According to some estimates, by 1990 or so cruise missiles may cost as little as $50 each, and could be fired from an ordinary handgun. (Indicentally, this, of course, is one of the many reasons why we in the Reagan Administration also oppose handgun control.) At this point. programmed, fully- maneuverable warhead, capable of tracking him right into the men's room of' the Kremlin. For those of you familiar with the current strategic trends, this is what is meant by a 'decapitation op- tion." "It is for all of these reasons that we must oppose the nuclear freeze. Far from being excessive, far from embodying overkill, the current" UrS. nuclear force structure is woefully inadequate, the fruit of years of unilateral disarmament by the Carter Administration." So ended my interview with the senior spokesman of the Reagan Administration. I came away much enlightened, and I am passing his comments along as a public service. We're Number One In Military Power! but we're number 18 in Doctor-Patient ratio number 15 in infant mortality L number 9in life expectancy — — i fffd/k /|fl|sP*' — ——^ How Strong Are We Really? 15 'bnir>l_n '-*orif'_o,''49«_ 1 |l \ , M|^^H t '.. *m Center �Deployment of Cruise Missiles To Escalate Arms Race Alan B. Sherr Editor's note: The following article appeared in the February 1982 edition of LAN AC, published by the Lawyers Alliance for Nuclear Arms Control. by Though public attention has focused on the MX Missile and the B-1 bomber in President Reagan's comprehensive plan for developing our strategic nuclear forces, in the long run neither is likely to have as great an effect on our national his decision to deploy cruise missiles. For a variety of reasons, cruise missiles will substantially damage efforts to achieve effective nuclear-arms control, thus undermining rather than security as enhancing America's national security. The United States plans to cruise missile make verification of the numbers and locations of these weapons virtually impossible. Because the cruise missile is only about 20 feet long, can be easily hidden from satellite surveillance and other existing "national technical means" by which each superpower successfully counts the other's missiles and launch silos, bombers, and submarines. Cruise missiles could be secreted in internally modified commercial aircraft, or in almost any vehicle, for example an aircraft carrier or a truck. A single wide-bodied commercial jet could carry and launch several dozen. Even though the United States may not plan to deploy cruise missiles this way, the mere potential for doing so is destructive to arms control. There may be no practical way, once deployment has begun, to assure the Soviet Union that we won't create a secret cruise-missile force. When the Soviet Union responded by building its own cruise missiles, we would deploy more than 3,000 airlaunched cruise missiles both on B-52's beginning in 1982 and on B-I's in subsequent years; several hundred sealaunched cruise missiles on submarines beginning in 1984; and 464 ground-launched similarly be left in doubt. Even assuming that both cruise missiles in Europe beginsides could be satisfied that ning in 1983. All three types of cruise cruise missiles would only be missiles are formidable carried in specified types of weapons. They are small and vehicles, such as submarines, mobile, self-guided in flight, problems would remain. How and could be highly accurate. could it be verified which subIronically, some of these marines carried cruise missiles characteristics spell disaster and which did not? Because you might not be able to tell for arms control. The size and mobility of the whether a submarine had cruise missiles by examining it from the outside, on-site inspection would be necessary. The unpleasant alternative would be to count all submarines as cruise-missle carriers, thus inflating the number of nuclear weapons assumed and permitted under any future arms-control agreement. If for no other reason, the enormous cost of weapons such as the MX and the B-1 ensure that they will be seriously debated. In contrast, the advertised low cost and gress in supporting and initiating legislation concerning the freeze of nuclear weapons, but also have been in the forefront of exposing "yellow "Nuclear Freeze", the theme of a little sideshow which took place in Washington about three weeks ago included, rain"-Soviet and Soviet-backed besides demonstrators and use of bio-chemical weapons counterdemonstrators, a in Laos, Cambodia, and resolution to freeze all nuclear Afghanistan. The Soviet's inarms. Ironically, if one were to volvement with this chemical implement this preposterous warfare is a clear violation of resolution, its ramifications the existing arms agreement. Some wonder how Reps. would include that both sides keep the nuclear weapons that Solarz and Leach, as well as they have rather than, as Presi- those involved in the nuclear dent Reagan has proposed in freeze movement, could believe that his zero-zero plan, that both possibly sides eliminate their weapons. everything would be fine if we People in the "nuclear freeze" just gave the Soviets a promovement have deluded posal for a freeze, in light of themselves into believing that the Soviets past record of a "freeze" resolution would violating the treaties that we Our somehow promote peaceful sign with them. Geneva is task in negotiators disarmament. At this point, the words of difficult enough without Conthe resolution are immaterial. gress trying to usurp their Proponents of the freeze want bargaining positions with to vent their strong desire for a meaningless resolutions. The world without the risk of real issue, which many in the nuclear war. Why do many of freeze movement like to igthe zealots within this move- nore because it diverts their atment find it unfathomable to tention from chastising the believe that all people share United States, is how are we their desire, but not their belief going to convince the Russians that the best way to reduce the to allow us to verify their comchance of nuclear war is to rail pliance with any treaty that we against unpleasant realities sign with them. and campaign for a return to The difficulties in ever getting any treaty on this subject it paradise. Many think that would be wiser to do what we is going to be quite difficult, if can to deal with this world, not impossible, not because of with the realitites that we con- the way the United States apfront in the here and now: the proaches the negotiations, but Soviet Union is a totalitarian, because of the way the Soviets oppressive, closed, ambitious, approach them. They lie and military power. Their record of cheat. From "yellow rain" we know that they have the will brutality is not a secret. On the House Foreign Afand cynicism to cheat, and we fair. Committee Reps. Jim' have learned, through our Leach (R., Iowa) and Steven SALT I treaty, how hard it is to Solarz (D„ N.Y.) have not only detect and prove violation*. been irt the' forefront of ConWithout some type of mutual- tant. Cruise missiles have been a subject of strategic nuclear arms talks, however, since the mid-19705. Why then are we about to deploy weapons that strategic advantages of cruise will ultimately prove so inmissiles present them as expe- imical to our national security? dient alternatives, thus In large part, it is because of creating such anomalies as ag- the desires of military gressive advocacy, by prostrategists and defense conponents of nuclear-arms contractors to take immediate adtrol, of cruise-missile deployvantage of our temporary ment on B-52s as an alternative superiority in cruise-missile to the B-1. The number of technology. We are thus cruise missiles deployed by the repeating the mistake made in superpowers is thus likely to the 1970's when we rejected be pushed upward in coming the opportunity to ban MIRVs years, and proliferation to (multiple independently other nations made more like- targetable re-entry vehicles) iv- Soviet MIRY technology, coritributes substantially to the theoretical vulnerability of our land-based intercontinental ballistic missiles. It is time to reassess our long-term interests. If we deploy cruise missiles now, we will be tying the hands of our nuclear arms negotiators in the future; they will not be able to negotiate away a quantity that the Soviet Union cannot measure. The Soviet Union will then deploy its own cruise missiles, thereby completing destruction of the underpinning of nuclear-arms-control agreements: the capacity for mutual vertification. The Soviet Union has not yet developed and tested cruise missiles, and the United States has neither produced them in large numbers nor deployed them. Mutual verification of a ban on production and deployment is still possible. It is of the utmost importance that we do not allow this rapidly evaporating opportunity to because we had them and the pass. It is not difficult to envision Soviet Union did not. Today, The Last "lust" War continued from page 5 World War 11, has become our basic strategy for "defense." Examination shows that the Allies were wrong about the military necessity of obliteration bombing. Terror destruction of working-class neighborhoods did not reduce Which Side Of Paradise? by David Allen Cass a world in this century in which cruise missiles with nuclear warheads abound on all oceans and continents, in which no country is confident of their whereabouts, and, indeed, in which there is no certain way of identifying which country has launched a cruise missile on its winding way to a target thousands of miles dis- ly verifiable agreement, there will never be any type of nuclear treaty. Among those who discuss a nuclear weapons new burst of talks concerning on-site inspection has recently been proposed. Naturally, the Soviets have refused on-site inspection talks. They cite as their reason the propehsity of the United States in sending CIA agents inlio their countries under the guise of diplomats. Recently, the Soviets not only refused to participate in an international treaty to ban chemical warfare but also to establish an international onsite inspection team to verify military output. It did not destroy the political will of the people. There is no good evidence that destruction of Germany's cities significantly shortened the war. Terror bombing did kill more than 600,000 people in Germany and establish the principle of mass murder which may lead the world to doomsday. Herein lies the great difficulty in excepting ourselves from moral behavior "when the chips are down." Not only do the circumstances later prove not to have been emergencies Hitler could not have brought off an invasion of England in 1940 but once an exception is made to decency, the indecency becomes single Poseidon submarine, of which we have thirty, can make a Hiroshima of every major population center in the Soviet Union. The immorality of exception has become the accepted policy of otherwise decent people. Officers who would never think of beating their wives calmly rehearse the annihilation of entire cities. Human survival hangs by accithreads, threatened dent or malfunction, never more than twenty minutes Our use of terror bombing, rather than being suspended once the emergency passed, actually increased. Some 85 per cent of all Allied bomb tonnage was dropped after January 1,1944, when German defeat was obvious. The exeption-become-policy culminated in the unjustifiable destruction of Dresden, a refugee center, during a children's carnival; and of Hiroshima and Nagasaki, at a time when a defeated ag- respect of life remain imperil- — — habitual. nuclear weapon testing. It seems that seismic indicators show that the Soviets have been testing weapons which exceed the allowable megatonnage limitations as established gressor was already petitioning in the 1974 and 1976 test ban for surrender. Walzer condemns this continuation of tertreaties. Since it is inevitable that ror bombing, once victory was Reagan's goal of the total assured, without recognizing elimination of nuclear inevitability. No weapon, once weapons in Europe will not be introduced, ever has been realized, due to the fact that withdrawn for moral reasons. When Churchill opted for the Soviets have refused to bombing in 1940, he was area position, on that negotiate a one-time decimaking not Reagan must now come up with some type of com- sion. Rather, he set into motion promise. He must also show a process which now returns to the Soviets that the Western haunt its instigators. Hitler defeated, Stalin imcountries if forced to, will deploy nuclear missiles in mediately replaced him as the Europe at the end of the year. personification of a threat Hopefully, the Russians will which perpetuated the take us seriously, and "supreme emergency" mennegotiate pragmatically. tality. Communism became the objectified evil that Verification is the key. Without a change in the justified any means necessary whole complexion of Soviet to assure its defeat: "Better society, one wonders if arms dead than red." Accordingly, •control will ever be a reality. we aimed a nuclear arsenal at innocent civilians. note: the allegations ot Soviet treaty millions of fired, from a Today, violations have never been verified. ... from obliteration. Churchill did not misjudge the danger that Nazism represented to human decency. He did misjudge the danger of his own immoral response. Britain survived. Simple decency and ed. Pacifists believe that Hitler had to be opposed, but in ways which preserve the fundamentals of human dignity. The battle that needed to be fought against Hitler was far less a political or military battle than a moral one directed frontally against his disregard for the sanctity of persons. Even Hitler recognized that "any attempt to combat a philosophy with methods of violence will fail in the end, unless the fight takes the form of attack for a new spiritual attitude" [Mem Kampf). Had not the conscience of the West remained silent, Hilter's inhumanity to the lews and others could have been publicized, protested, and hampered by concerted efforts far less costly than the war which finally destroyed him. Nonviolent resisters, like soldiers, would have suffered greatly and often would have failed, but their failure in the end Id have been less than that of the war itself. For all its its sixty million costs the war did not casualties bring liberty to Eastern Europe, over which the conflict began; did not achieve world peace; did not free us from militarism; did not bring decency into the realm of international relation- —— ships. M*rch.2Q, ,1?83 Opinion 16 �A Special Edition Vol. 23, No. 12 Editor-in-Chief Earl R. Pfeffer Military Policy and Nuclear War EDITORIAL This issue is truly a collective.effort, representing many hours of research and commitment to the cause of peace by several individuals. The articles speak for themselves, yet some introduction to them is in order. The specter of nuclear war entered our national consciousness nearly four decades ago, and most people have come to believe that nuclear weapons are a necessary evil of the modern world. As thebulk of articles in this issue demonstrate, we take exception to that view. The threat of nuclear holocaust will hang over our lives only so long as we fail to exercise popular resistance to policymakers who have an insatiable hunger for these implements of destruction. Indeed, democratic initiatives against nuclear proliferation are beginning to gain momentum and, as the articles on page three demonstrate, this new movement has the military establishment very worried. We ask you to read the page three articles those written in opposition carefully and critically, and consider them in to the proposed freeze light of the remaining contents of the newspaper. Compare all the articles in terms of documentation, historical foundation, and reasoned argument. Perhaps you'll find, as we did, that our government has not always told us the truth. Moreover, you might discover that the real issue boils down to this: "Can we trust the Russians?" The military-minded seem to take it on faith that we cannot. They expect you to share their conclusion that a freeze would endanger our national security, yet they offer no evidence which supports their belief that the Soviet Union cannot be trusted to observe arms control and disarmament initiatives. They argue that the Soviet Union is a closed society, run by a repressive regime, and therefore cannot be relied upon or taken on its word. Yet we can count among our more trusted allies some of the mpst brutal governments on this planet South Africa, The Philippines, Cuatemala and Paraguay, just to name a few. Supporters of our present military buildup will also argue that the Soviets, through their foreign policy, have shown they have expansionist designs which must be contained. Yet in the post-World War era our own foreign policy has been far more interventionist, ranging from direct military involvement in Guatemala, Vietnam, and the Dominican Republic to covert operations such as that which supported the overthrow of a freely elected government in Chile by a sadistic and violent military junta. Nevertheless our leaders are prepared to have us travel the road to Armageddon, all on account of the Soviet threat. But consider the following: the Soviet Union has yet to violate any of its military treaties with the United States; the Russians have ratified and observed SALT II despite our own failure to approve it; the U.S. has the satellite potential to read license plates on cars in Moscow, making it very difficult for the Soviets to do much of anything without our knowledge; and we remain the only nation in the world to have waged nuclear war or to have threatened the use of thermonuclear devices. Moreover, our President has lied to us about the strategic balance (See Rep. Downey's statement on page one.); this alone should giverise to grave concerns about the true motivations of those currently in power. Perhaps the arms race does boil down to a matter of trust: how much longer can we entrust our futures and our safety to mad people who choose to divert our national wealth to the creation of tools of mass destruction all in the name of defeating an enemy made up of mothers and fathers no more desirous of sacrificing their children and their planet on the altar of socio-economic principle than we are? Some would call me "soft on communism," but personally, I cannot understand the use of nuclear weapons to defeat any enemy even the most sinister for only while there is life can there be hope for liberation. — — — Wednesday, April 20,1983 J. , . Managing Editor Glenn Frank News Editor: Feature Editor: Photo Editor: Arts Editor: Ray Stilwell Mary Ellen Berger Gary Games John Stegmayer Business Manager: Frank Bolz Special Edition Consultant: Larry Spielberg Staff: David Allen Cass, Wendy Cohen, Lisa Kandel, Michael McGorry, Vivian McWatt, Jill Paperno, Mike Reilly, Anna Marie Richmond, Lou Roper, Joe Ruh, Amy Rufh Tobol, Jud Weiksnar Contributors: Anne Casper, Bridget Fitzgerald, Professor Charles A. Haynie, Paul Laub, Professor Virginia Leary, Michael G. Mercado, Professor Jerome Slater .• © Copyright 1983, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student f newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed j in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered ( at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. | J 1 What's Inside 11 — — Earl R. Pfeffer Editor-in-Chief International Law and Nuclear Weapons History Behind the MX Reagan Falsehoods Exposed Letters to the Editor A MAD Look at Nukes/Takes Stand The Navy's View Religious Group Against the Military Was World War II a "Just" war? Two Soviet Dissidents Discuss Arms Race The Nuclear Freeze Explained National Lawyers Guild Resolutions Survey of Local Anti-Nuke Groups fl '... The graphic by Boscove oh the cover of this issue was taken from War Heads: Cartoonists Draw the Line, edited by Steven Heller and published by Penguin Books in February of this year. % 5 1 t � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b666a288768592744543628ac19005de.pdf 5dba8d7e5bda03141b397e2ef664a890 PDF Text Text Vol. 23:11 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Apr. 6,1983 Jessup Advocates Rebound For Impressive Showing by Ricky Richmond and Betty Belterre Pampered by unseasonably hot, sunny weather and gracious hosts from Duquesne University, the University of Buffalo International Law Moot Court Team competed last March 5 and 6 in the North Central Regional of the 1983 Philip C. Jessup International Law Moot Court Competition, returning to the Queen City with the Second Best Memorial in the Regional. Competition in oral argument was fast and fierce. Kurt Amend and Jeff Johnson, arguing Applicant, faced £he University of Michigan on Saturday morning in the opening round. A timid bench and a seemingly devastating gaffe by Michigan's second oralist furious Desmond form failed ("Does my answer make any to do the trick. Team spirits sense, your Excellency?") fail- were low, real low. Sunday morning Berger and ed to prove the winning combination for Amend and Vergos squared off in Round Johnson. Buoyed by their IV against two oralists from perceived win, the two battled Detroit College of Law, the latthe University of Pittsburgh in ter authors of an obnoxious, ofRound 11. An informed, ficial complaint filed against unrelenting bench sent the two U/B for a one-half page excess reeling for forty-five long- of the official memorial minutes. At the end of the length. The Motor City round, the Competition was Mooters, eventual winners of half over, and U/B was 0-2. Ist Best Oralist and 3rd Best Mary Ellen Berger and Oralist Awards, dashed U/B's Chrysanthe Vergos entered hopes of retaining respectabiliRound 111, arguing Respon- ty in the orals. dent, with hopes of turning the The Awards Banquet on Suntide. Against a strong team day evening allowed time to from host Duquesne Universi- rehash rounds, compare team ty, they could not shake off standings, and speculate on Amend and Johnson's standing the as yet unannounced North eight counts, and emerged the Central Regional winner. The narrow losers. Even Berger's dejected U/B foursome sheepishly appeared as good One-to-One Life After Law School quently aggravating. Quite often the reward is not glamorous, possibly not even gratifying. A trial attorney must be content with the by Vivian McWatt It is a most unsettling feeling to know that one is a second semester second-year law stu- thought that s/he did a good or at least her/his very dent with a distinct interest in job the law and, yet, no for- best under the circumstances. mulated idea of what aspect of One might think that all of that diverse profession to the aforementioned would function to dissuade rather engage in. That was the situation that than persuade the neophyte this student found herself in endeavoring toward becoming approximately three weeks a trial lawyer. When all the ago. Virtually on a whim, I realities of the profession are signed up the the One-to-One considered, however, there Program offered by the Career seems to be a certain sobering Development Office, and, in feeling in the air of a courtshort, I am glad I did. I wpn't room which somehow makes attempt to delude you or trial practice seem very worthmyself into believing that that while. one experience accounted for If the benefit of the One-toa miraculous revelation in my One Program could be describsearch for the appropriate ed in a sentence or two, it career, but it definitelyhelped. would be that the Program inOn Thursday, March 3,1 was spires a level of cognizance of an observer in the trial of the the profession, while still State of New York v. James H. allowing the student particiCassell before the Honorable pant to observe a successful Justice Joseph S. Forma in role model and thereby realize Monroe County Criminal that it can indeed be done. I was lucky enough to be Court. The charges were felony and misdemeanor counts of assigned to observe Judge Forpossession of stolen property. ma and the activities surrounFor those who are hard- ding his courtroom, but I am pressed to believe that there is sure the effect is the same no life after law school, the One- matter what aspect of the proto-One Program is definitely fession you choose to partherapeutic. It was very ticipate in. Although I don't abenlightening to actually see solutely want to be either a the rules and precedents of all trial attorney or a judge, I was those law school textbooks given the opportunity to see enacted before one's very what it would be like and to eyes. It was also interesting to get a practitioner's view, which see that the life and work of a helps me a great deal in the trial attorney are not quite as decision-making process. This is not an attempt to glamorous as Perry Mason's "sell" anyone on the One-toor his contemporary counterOne Program; it is only an atappart's, Joyce Davenport to share my experience tempt television expears from our periences. The truth is that it is in tbe hope that others will be very hard work, definitely not encouraged to participate in 9-to-5, most stressful, and fre- the Program in years to come. — — sports, and were stunned at the announcement that the team had captured Second Best Memorial. The team had vin- Turn of the century administration building at Gate 1 of the Bethlehem Steel Plant. photo by Mike Reilly Lackawanna's Got The Steel Yard Blues Editor's Note: This is the second part ot an article on the closing of Bethlehem Steel's Lackawanna plant. Mike Reilly, a second-year law student, worked at Bethlehem from 1969-70. by Mike Reilly The Steel Workers The plant was also as somewhat of a unique phenomenon because it tendfollows: ed to break down ethnic and A. Best Memorial racial barriers. The composi1. University of Michigan tion of the group that socializ2. SUNY at Buffalo ed after work tended to reflect 3. Duquesne University dicated itself! Final standings are B. Best Oralist 1. Detroit College of Law, No. 1 2. Wayne State University, No. 2 3. Detroit College of Law, No. 2 C. Team 1. Wayne State University* 2. University of Pittsburgh 3. Detroit College of Law 'qualified for the National Semi-finals in Washington, D.C. in April. Amateur Night 2nd and 3rd wards, while the first ward, which is closest to the plant, was now home to the Afro-American, Puerto Rican, Mexican, Yeminite and Arab communities. If the plant had always been a symbol of upward mobility for the new immigrant this may have been more an image than a reality for the non-white immigrants. For these populations the trip over the railroad tracks to the American dream has been more difficult and elusive. By 1970 a turning point had been reached few new workers would be hired and the layoffs would soon mount. During the 1960's five years of seniority "guaranteed" your job and by ten years you were pretty well set. You had enough seniority to get into a better paying job or to take a shot at a trade like millwright or welder. — the composition of the gangs or departments, regardless of nationality, race or sex. The comraderie of workers who fought a continuous 40 hour battle to feed the furnaces, to charge the ovens and to keep the mills rolling, tended to offset prejudices. Just as the furnaces reduced the ingredients of iron ore, limestone Low seniority entitled a and coke to steel, so too they worker to the less desirable tended to reduce race, na- jobs, which were the hotter tionality and sex into a com- and dirtier jobs. As the 70s mon product: the steel worker. progressed the seniority reThe steel worker wearing his quired to hold even a labor job brown helmet and metatarsal steadily rose. By 1981 it reboot (a steel toed shoe with an quired over 20 years in most additional steel tongue which departments to hold a labor covered the top of the boot) job. was a commonplace sight in Lackawanna and Buffalo. In 1975 the picture brightenAlthough few steel workers ed when Bethlehem invested became rich, after a few years $200 million to build a new bar most could afford a good car mill. This is a computerized and a down payment on one of continuous-line rolling mill the many two-story houses which has been called the which line the streets of Buf- most modern in the world. falo and Lackawanna. Although the introduction of Because of the relatively this new technology drastically high paying jobs at the steel reduced the labor involved in plant, other, smaller employers rolling billets into bars, it was were forced to pay a comseen as an investment which parable wage. These good showed Bethlehem's commitwages tended to increase the ment to the Lackawanna plant. standard of living for the In the late 70 s another new whole area and to make Lackawanna a stable com- facility was constructed a munity. scrap melter. This enabled the plant to more readily digest a variety of scrap metal and use Hard Times it to produce new steel. To the By the 60's the waves of immigration had left their effect more cynical observer this on Lackawanna. The older im- took on a more ominous migrants who had arrived dur- significance.. Because of the number of ing the first quarter of the cencontinued on page 7 tury had by now settled in the — — A new law school club? No, it was Law Revue. See page eleven for more. _———_————__———————————■_- ... �Vol. 23, No. 11 Wednesday, April 6,19*3 Editor-in-Chief Earl R. Pfeffer Managing Editor Glenn Frank .. Ray Stilwell Mary Ellen Berger News Editor: Feature Editor: Photo Editor: Arts Editor: Gary Games John Stegmayer Business Manager: Frank Bolz Staff: David Allen Cass, Wendy Cohen, Lisa Kandel, Michael McGorry, Vivian McWatt, Jill Paperno. Mike Reilly, Anna Marie Richmond, Lou Roper, Joe Ruh, Amy Ruth Tobol, Jud Weiksnar Contributors: Mark N. Garber and Jeff Eisenberg © Copyright 1983, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law. SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo LO Wmmmm Editorial "Dippigate" In late February the Student Bar Association voted to defray the costs of the Dippikill Ski-Weekend by providing those who were to be participating in the event with funds to pay for transportation and lodging. This SBA action quickly began to be referred to as "Dippi-gate" when questions arose regarding the appropriateness of using student activity fees to pay for what' was essentially a vacation for a small group of students. While the allocation of activity fee dollars to fund such an event may have been proper, the term "Dippi-gate" is appropriate in light of the suspect procedures the SBA Board followed when making this disbursement. When voting on whether money should be provided to offset the costs of this trip, several SBA directors who planned to participate in the event cast ballots in favor of providing the funds. Allowing SBA representatives to vote on matters in which they have a personal financial stake clearly creates a conflict of interest. While supposedly responsible to the law school student body as a whole, these SBA directors are instead disbusing student funds for their own personal benefit by allocating money to certain activities in which they can then participate at a reduced cost. "Dippi-gate", however, was not an isolated incident. In early March the SBA decided to defray the cost of the student sponsored excursion to the National Conference for Women and the Law. While the use of student funds to offset the costs of attending this convention was proper, again the SBA procedure for administering the funds for which it is responsible appears suspect. In this instance, not only did several conference-bound SBA representatives cast ballots on the proposal to fund their trip, but one such director, after the initial award had been granted, moved that the amount of the disbursement be increased from $150 to $250. Another vote followed, in which no one was excluded and the increased grant was approved. These SBA procedures need to be reevaluated. The taint of misconduct pervades the organization's proceedings, and theobvious self-interest of the individual directors is damaging to the group's standing in the law school community.lt would seem to be appropriate for SBA representatives to abstain from voting on disbursements from which they derive a direct benefit. Upon learning of the rumblings of discontent within the student body, the SBA Board published a memorandum claiming that funds unknowingly appropriated for non-law students had been returned. Unfortunately, this begged the issue. The Board of Directors owes us an explanation of how it conducts its affairs and how it justifies its members voting money into their own pockets. ELECTIONS will be held FOR THE OPINION'S 1983-84 EDITORIAL BOARD Tuesday, April 12,1983 3:30 p.m. Room 724 O'Brian All Law Students are Eligible to Run. Opinion 2 April 6,1J83 Letters to the Editor Buffalo Model Chastised To the Editor: As I leaf through The Opintwo weeks, I am always struck by the number of articles of a general humanitarian nature. Articles on the generally sexist nature of our society, the plight of immigrant farmworkers, the nation's Social Security woes, ion every door, "If you want to see me about forcing into my course, DON'T"? Does it bother you lately when you find out the course has only fifty people in it, but the professor refuses to take any more students because he or she only wants to grade fifty exams? Does it bother you that, while municipal employees who put in less than forty-hour weeks at their office are exposed by investigative reporters and later fired, a student wants to speak with one particular professor has to make an appointment to phone him at home? Or that another professor, who supposedly is a full-time employee, can't teach on Friday because she has to babysit her child? Finally, does it bother you that when you go looking for faculty guidance and input into your student organization, you cannot find one professor who isn't "too busy" to donate the lousy one hour per week you ask? Buffalo Law School has not attracted a group of idealistic educators, excited at the prospect of molding young legal minds. It has attracted a group of intellectual prima donnas, each concerned only with their own narrow area of personal research — parasites existing off the resources that the State has provided for educating and Reagan's pro-wealthy policies abound. All of these are worthy subjects, but one is left to wonder what they are doing in a student newspaper. I have always been under the impression that student newspapers were meant to be the voice of strident, antiadministration rhetoric, the advocate of student opinion, and the catylyst for student-led reform. The Opinion has fallen grievously short of this standard. In order to contribute to filling this gap a gap which perhaps I am alone in perceiving — I offer the following. As I mercifully enter the twilight of my law school career at Buffalo, I am overwhelmed by the almost unanimous feeling of dissatisfaction with this school among my classmates. While I cannot even begin to address the multitude of factors contributing to this feeling, I would like to deal with a few related points concerning the nature of the faculty and the administration. It seems that Buffalo represents the almost complete disintegration of the To the Editor: — young lawyers, giving little in return. The question which comes quickly to mind is "why is this allowed to go on?" And with that I am provided with a smooth transition to the next subject the administration. Although it is hard to believe, the administration has even less regard for students than the faculty. At every other law school in the nation, the ad- — ministration requires pro- fessors with little seniority to teach the courses necessary to fill out the basic curriculum. Our administration does not, choosing instead to ignore gaping holes in the course offering. At all other law schools, the administration encourages professors to contribute their time to student groups. Our administration looks on such activity with, at best, indifference, not even conceding that it constitutes a contribution to the school in general. As a result, professors have no incentive to become involved with student groups. So they don't. So far, I have painted a picture of an administration seemingly unconcerned with the student body. In order to truly understand them, however, we have to explore that with which they are concerned. continued on page 3 Undergrads Stay 19405, post-World War II approach to education. Within that "model," students and their learning were the paramount concerns. Education was seen as a value in itself, not a vehicle for the dogmatic assertion of particular content. Teachers were truly idealistic, in the sense that they believed their work had an effect on the state of the nation. They measured their ownsuccess by the achievements of their former students. With the exception of a few "idealists," who set high standardsfor their students and are truly concerned with our preparedness for practicing law, there are no more Jack Hymans at Buffalo. The faculty here exist for themselves. O'Brian Hall is nothing more than a structure in which they happen to have their offices; a place where they can seek put other academics who are comfortable like themselves and do their personal research. The fact that they have to meander downstairs to teach class four times a week is a minor annoyance to be tolerated in return for safe harbor from the real world. The term "academic ivory tower" takes on new meaning at Buffalo. Certainly a few specifics are in order. Does it bother you that with several professors competent to teach Civil Procedure 11, nobody does it because they find it "intellectually unstimulating"? Does it bother you that when you get closed out of a course and go to see the professor about the possibility of forced registration, not only are they, as always, out of their off ice, but they have left a sign on their As Director of the Law Library, I read your recent editorial on the continuing problems of undergraduate students in using the Law Library with great concern. Your comments have spurred others to voice opinions — some reasonable ahd others extreme as to ways by which the "undergraduate problem" could be controlled. The staff of the library has been very aware of the undergraduates and non-law individuals' heavy use of the library. However, as a public institution we have a mandate to service the needs of the University. The University's administration also feels very strongly that the University serve as a resource for the Western New York community. — No amount of patrolling would completely eliminate the undergraduate problem in the Law Library, and with the staff that we have, we cannot enforce such an exclusionary policy. We have posted signs in the library that the facilities are to be used only by those who have need to use the materials, but the comparative quietness and beauty of the Law Library as a study area serves to attract students to our facilities. Given our staff limitations, our physical position in the middle of the academic spine, and the attitude of the University administration toward the Law Library as a focal point for the University and community, I foresee little solution to this problem in the future. Kathy Carrick Director of the Law Library Purge Piccolo's! To the Editor: Just a comment on Piccolo's "Attitude Adjustment" happy hour of February 25. Many U/B law students were gathered at this establishment on that day, a Friday, to unwind, relax, and indirectly to engage in a redistribution of financial resources, namely from us to Piccolo's. A few friends and I were seated at the bar when the above-mentioned issue of wealth redistribution was made a primary concern by a statement from the "management" to one of us at the bar. It was suggested that the patron was not spending enough money to deserve a seat in Piccolo's, and that he should move on and allow **|p •:. "; '.'—v' ■. >, ' • . someone else with a more liberal attitude to sit there and share his or her assets with Piccolo's. Although the bartender's argument lacked any sophist i< tion, it did have merit from Piccolo's point of view, and many of us left the premises. However, I am disturbed by something about the underlying attitude. I write all this merely to suggest that the question now is, do you want to be the person to fill that empty seat? Incidentally, I have noticed also around the school that Piccolo's is "hosting" other happy hours. Perhaps this comment will discourage attendance...; '■ ■ t..i . ..t- . .. f.E.Kissel �Garry on Criminal Law: Humanize the Client describes a distinction bet- Editor's Note: Charles Garry, a San Francisco attorney who has made a career of representing those charged with political crimes, most notably several members of the Black Panthers, spoke at the law recently school. by Marc N. Garber criminal defendant. Mr. Garry ween two opposed phenomena argues that the lawyer is utter- where there is no third term, no ly responsible to depict his compromise, no mediation client as a blameless symbol (e.g. Justice Caradozo's opin(Huey Newton), who was ion in Palsgraf v. Long Island "brought to the Bar of Justice" R.R.). A vacuum Boundary is a because society shirked its line. "Live Boundary" responsibility to one of its describes a distinction between two opposed phenomena members. Before analyzing Mr. Garry's separated by a space that parproposition, three concepts takes of both but is neither: must be defined: Liberalism, compromise, mediation, amBoundary Theory, and the Rule biguity (e.g. a Balancing of Inof Law. Liberalism is the domi- terests theory of adjudication.) nant philosophy in the Western "On its ideal form the Rule (Author's note: Some ideas contained in this essay have been World, which includes both Letter to the Editor borrowed from Al Kalz, Dun- liberal and conservative can Kennedy, Lawrence political ideology. It is a view Teitelbaum and Gerald Frug.) which implies that the world can be reduced into spheres of continued from page 2 Charles Garry argues that in reason and desire, of fact and Those in our administration are order to provide a complete of subjective values, "of the concerned with enhancing defense for a criminal defen- free interaction of civil society their personal reputations as dant, the attorney must and of the demands of the innovative educators. Thus the "humanize his client." The state." Liberalism, is a constant experimentation with defendant's lawyer must philosophy which the first year curriculum. The generate empathy (objective characterizes the world as a fact that several classes of understanding), and not sym- "series of complex dualities." students might emerge from this grand experiment pathy (subjective understan- Unfortunately, Liberalism proding) on the part ofthe jury. To vides no method for allocating unemployable, uneducated, or forge this empathy the lawyer any feature of life, e.g. justice, otherwise harmed is of no conmust reach into his client's among it dualities, i.e.. sequence. The difficulty of finpast, and mine for any Liberalism provides no means ding a job with "Law in Conhistorical, cultural, familial, for an objective understan text A & B" on one's transcript is never considered. The physical, social or economic ding. reasons which would mold the Boundary Theory is a way of perception that the school and accused into a concrete, i.e., a treating human thought as "a its students are the adpersonal wholistic person. The lawyer function Of existence of two ministrators' must cast his client with types of boundaries: Vacuum playthings overshadows such characteristics which extend Boundaries and Live Boun- triviality. beyond the boundary of daries. "Vacuum Boundary" The publicly expressed opinions of two of our top ad- of Law in (our) society mediating, boundary between mediates between the domina- authority and autonomy. tion of personal (state) authoriCharles Garry, by "humanizty and the experience of pure ing the client," is trying to autonomy" (the state of create a Vacuum Bounded nature). Problems with the event, and escape the Rule of ideal Rule arise because it Law (which is a Live Boundary). does not define the extent of His argument is premised on personal (state) authority, or the belief that empathy the limitations of the ex- represents the merger between perience of pure autonomy. The result is an inconsistent application of the Rule, a failure of an objective standard. The Rule of Law approaches an arbitrary, not a the personal (state) authority and the experience of pure autonomy; once this merger takes place the Rule of Law goes away, and a unity of excontinued on page 6 Buffalo Model Chastised - Financial Aid Update ministrators illustrate the "Buffalo Problem." Dean Headrick, in a recent memo explaining the Buffalo Model, has written, "the choice to take a three year deal directly with students and Bar review course (which is the to offer students two valuable Dean's euphemism for a mainstream legal education), is services: consolidation and extended/graduated repayment. dubious, particularly because such curricula are available in Through consolidation, a student could arrange to have a few schools in New York NDSL loans from his/her State, schools that all of you undergraduate and graduate opted not to attend, for all "Of schools combined with his/her you would have qualified for GSL Loans into a single new admission there." Thus he justifies his grand experiment, loan. Sallie Mac, at the student's request, bought all the deluding himself with the student's outstanding loans at belief that we are all willing the various institutions and participants. He ignores the issued the student a new loan simple fact that most of us are at a single interest rate here either because we wanted to go to law school in our (typically 7%). In addition, through the ex- hometown, we didn't get into a tended/graduated repayment better school, or, most imporplan, the student could extend tantly we couldn't afford his/her repayments beyond the another school. This is the only normal ten-year period and State law school in New York. scale those repayments so that The Dean's intimation that smaller amounts are made in students who want a tradithe early years with larger tional law school education amountsbecoming due as the can't get it at a New York State student's earning power in- school is elitism raised to an creases. The obvious result of extreme. The idea that the only this program was a marked state school in New York is decrease in the number of reserved for those interested in defaults in student loan non-traditional legal studies is, at the very least, offensive to repayments. democratic values. In 1982 Congress was conAssociate Dean Schlegel! is sidering extending the right to consolidate to the state agen- the source of the second adcies like New York's NYHEAC. ministration attitude to be exThe administration threatened plored. Whenever a student is to veto the change because the heard bemoaning the fact that cost of consolidation and ex- Buffalo doesn't offer a certain tension is borne in part by the course, the SchlegelI may be federal government in the subheard to say "X can be learned sidies itpays Sallie Mac for the in a weekend. There's no need difference between the 7% in- for a course in that subject." I terest and actual market rates. would like to point out to the Rather than resolve the issue. Associate Dean that most Congress commissioned the areas of legal theory and GAO to study the actual costs jurisprudence, areas to which of consolidation and report he has advocated an everback by May, 1983. Congress increasing allocation of school also provided a Sunset Provi- resources, can also be learned sion which terminated Sallie in a weekend. I have taken at Mac's authority to Consolidate least three courses which continued on page 8 might be classified as Loan Option Threatened by Joe Ruh Students will lose their abil- ity to consolidate loans and ex- tend loan repayment terms through Sallie Mac unless Congress acts to extend Sallie Mac's authorization beyond August 1,1983. The Joint Task Force On Federal Financial Assistance For Law Students has listed the Sallie Mac authorization problem as its number one legislative priority for 1983. Law students graduating in 1983 may be forced to forego the 9 month grace period afforded by their GSLs and begin repayment in July in order to take advantage of the generous terms of the Sallie Mac program. Sallie Mac (the Student Loan Marketing Association) is the private agency sponsored by the federal government which serves as a secondary market for banks which make student loans. The mechanism is fairly simple and is modeled on the home mortgage procedures of the more well known Ginnie Mac. After a bank dispenses the $5000 loan check to the student, it sells the student's promissory note to Sallie Mac. The bank receives cash with which to -make additional loans,, and Sallie Mac reaps the rewards of the lender, i.e. the interest payments. Students are frequently not aware of this sale since the bank agrees to service the loan for Sallie Mac and the student will continue to deal directly with the bank through the course of the loan. A new wrinkle appeared in Sallie Mac as a result of the 1980 amendments to the Higher Education Act. Sallie Mac received authorization to • "jurisprudential." None were of its essential purpose." That purpose includes the education of lawyers, not solely legal historians. This nation's economy cannot absorb 275 Buffalo graduates each year who are qualified only to teach Buffalo Model-type courses or enter the government as him alone. "policy"-oriented bureaucrats. The last administration The Dean ought to realize that response to student commost of us are going to work in plaints is "look what the Bufthe private sector, in a general falo Model has done for the legal practice. The CPLR is school's standing. It's ranked more important than the higher than ever." There are teachings of Duncan Kennedy two short responses. The first is or Myres McDougal for that that the school's ranking is at- sort of work. tributable to its excellent But the Dean won't wake up, physical facilities and the in- because he doesn't give a creased quality of students damn about what we're going (which resulted from the re- to be doing. The grand expericent deep recession and the ment is all that matters. He will consequent flood of apcontinue to delude himself plicants to cheaper. State in- with the idea that we chose stitutions), not the Buffalo Buffalo because, subModel. The second response is consciously, we wanted to be to point to the school's poor closed out of Commercial record in the employment area Paper and Debtor/Creditor. Anyway, this letter is and the fact that Buffalo's pass rate on last summer's bar was already too long. To quote the below State average for the closing words of a famous letfirst time in years. ter recently published in this By this point any members esteemed biweekly, "(T)ake of the faculty or the ad- care boys, because I'm getting ministration who bothered to out of here before anything read this letter have decided really stupid happens again." that probably an engineer or Anonymously submitted an accountant who, with nowhere to go after undergraduate school, ended up in law school by mistake. EDITOR'S REPLY This is untrue. I was a political It is with a significant amount of science major at a normal reservation that we are printing the letter. It is not the contents of liberal arts undergraduate above letter which disturb us, for despite school. When I entered Buf- the the letter-writer's suggestion that The falo, I was intrigued by the Opinion has been remiss in fulfilling its wide variety of courses journalistic responsibilities, our available. One becomes less editorial policy has consistently been to free and open discussion of intrigued as one gets closed encourage broad range of academic, social, a out of more and more of the legal, economic and political issues inbasic courses thought in- sofar as they affect us as students and dispensable to a sound legal future lawyers. have reservations about printing education. As I mentioned, I thisWe because it is unsigned. All too have taken a number of the oftenletter an anonymous letter hinders fur"Buffalo Model" courses. I do ther discussion of the issues it raises not object to the existence of because serious consideration of ideas these courses, merely to the warrants knowing their source. When we forwarded a copy of the letter to fact that they are allocated a Dean Headrick so that he could submit dispoportionate percentage of a response, he declined to do so resources, resulting in precisely because it was unsigned. scarce Granted, there are times when an the inability of the vast majority of students to take the anonymous letter is appropriate, as when someone reveals information codrses and obtain the educa- about themselves which they prefer to tion they desire. have remain confidential. On the other hand, controversial ideas, such as those Someday, perhaps, the administration will wake up and expre&ed in the above letter, do not the test of confidentially. realize that their mission here meet There are women and men in this is to educate lawyers. Maybe world who, at considerable danger to when the Dean holds his open themselves and their careers, openly as difficult as the basic commercial law courses offered, to the few lucky enough to be admitted, at Buffalo. But then, likely Schlegel! doesn't really care if we can learn all these courses during the Bar review, likely he just wants us to leave 1 forum on the Buffalo Model, take positions and espouse beliefs which are unpopular and offend the he'll realize how upset the powers be. -Very often we only students are: Maybe he'll open learn ot that these people as statistics put the forum by responding to out by Amnesty International victhis letter. Maybe he'll realize tims of torture, rape, mutilation and that Buffalo, as a law school, murder. The more fortunate are subject wiretapping, mail searches and job in the language of the to has loss. commercial law, which has On the whole.'we think that the adbeen sacrificed at Buffalo's ministration and faculty an a pretty inaltar of legal history "failed nocuous bunch to offend. — — - April t>, 1«b Opinion 3 �Attention All First Year Students BAR/BRI Bar Review Course ■i prou dly p resents Free Lectures on Constitutional Law and Property/Future Interests ' ... WATCH FOR POSTING OF DATES & TIMES! -■'■■■■ * ~ Take this opportunity to review for Finals and to discover why our lecturers have gained national recognition for stimulating even the weariest of legal minds! Opjnipn 4 Ap/il <r, 1983 �The Baby Page The class of 1983 has been (re)productive. Match these offspring with their parents below: Jane Markel Ed Ovsenik Karen Spencer Glenn Frank Alan Zaretzky David Adelman Barbra Kavanaugh David Moretti Cathy Cleary Kavanaugh Brian H: Market; Elizabeth G: Frank; Lynn lamie F: Ovsenik; Christian and Michael E: Moretti; Francis Arthur D: Zaretzky; Bear "Little Joshua C: Adelman; Kara B: (Spencer); Suozzi Sarah A: Answers: On Your Mark Get Set Get Ready For The Third Annual Crossword 1 F I 1 F3B___T P ll* I! I** I" I IM fi RACE JUDICATA Bj Friday, April 15th (time & course to be announced) Sv jf- ■>___— ps ___■_• i n ALL LAW STUDENTS & FACULTY INVITED F " ■ p 2.5 mile road race around Amherst Campus ____ ■ B»r W "■ — ———JH H Its 1. Texas University 5. An orthodox no-no 8. Tentacle ' 37. River in Thailand 38.Choose 39. Invulnerable 42. Heineken receptacle 12.Turn • 45. Horrors 47.Bishop's mate 48.Yen 13.Mine yield 49.Consume 14.Largest of seven 15.Liquid measure 16.Extend 18 Propose 20 East end of fourteen across 21.Lip Tin Tin 22 23. Touches 25. Banking term 29 Bord Pat. 30.Stadium 31.Abet 32.Lived sound 35.American beauties J xa * — ■■■ ■■■ ■ I Hrs Solution on p 5 CROSSWORD CLUES Across *n h _____■ __r by Glenn Frank SBA FUNDED [ ■ 850 50.Against 51.Spunk 52.5p. lady 53. Fast jets (abbr) Down 1. Ready 2. Travelogue (abbr) 3. Both Houses 4. Involve 5. Missing dough 6. Exist 7. Festive candelabra •• Shallow dish (Lat.) 9. Arthur 10.Legal holding 11.Gasp 17.Nerve 19.Bosses (abbr) 23. Evergreen 24Chemical ending 25.Unit of radiation energy 26.Strongholds 27J3eceive 28McMahon and Murrow 30.Breaches 33Turkish inn 34Ms. Andrews 35.5p0il 36.Verdi's work 39. Debts 40. Austrian river 41. Land contracts (abbr) 42.Chic, el stop 43.R. Hood's home 44Killy's toqls 46Auris AprH ft) WB_ Oplnieh 5 �National Lawyers Guild Files Suit Against FBI by Amy Ruth Tobol The days of the red scare are far from over. In the halls of this law school, we can hear mutterings of "commie pinko" when the National Lawyers Guild is mentioned, "These fellow colleagues are certainly in good company as this article demonstrates, the National Lawyers Guild has been accused of being a "communist front" for years. What is important to remember is that those who exercised their civil rights and those who try to protect the civil rights of others have also Deal. been accused of being comSince that time, the National munist. In fact, Martin Luther King was also considered a Lawyers Guild has worked with "commie" and was the subject and represented communities, of F.8.1, surveillance before his labor unions and others to furdeath (see The Lawless State by ther the goals set out in the Preamble to the Constitution Morton Halperin, Jerry Berof the Guild (originally man, Robert Borosage, and Christin Marwick; Penguin adopted February 22, 1937) at Books, 1976). We need to ex- Washington, DC. and most amine why and how the threat recently amended in July 1971 of communism is used to at Boulder, Colorado): thwart civil rights activities in The National Lawyers Guild is this country. an association dedicated to the Accusations that the Naneed for basic change in the tional Lawyers Guild is a comstructure of our policital and munist front are as old as the economic system. We seek to organization itself. Guild unite the lawyers, law students, — Notes (September-October 1982) reports that in 1946 the Attorney General of the United States leashed out at "revolu- tionary lawyers" who were representing labor unions and expressed the conviction that "our bar associations with a — - mentioned in a crowded room 1976-79 Filed amicus briefs of attorneys often provokes in support of affirmative acgiggles, rage and admonitions tion in Bakke and Weber cases. to keep any affiliations with the group off of resumes and 1977-81 Cuild sent factout of interviews? finding delegations to investigate violations of human Brief History rights in the Middle East, El In the 1930's the American Salvador and Northern Ireland. Bar Association refused to admit black attorneys and oppos1980 — Guild lawyers won a ed the social reforms of the three million dollar verdict New Deal. Thus the National against the police in the city of Lawyers Guild was formed in Detroit for police brutality. 1937 by a group of lawyers who felt the need for an inWhat the National Lawyers tegrated bar association which Guild has done and is doing is would support the social challenging traditional notions welfare legislation of the New of the role of law in American society. Rather than accepting the rule of law as somehow separate and above politics, economics, culture or personal attitudes of judges, Guild lawyers approach the law as inextricably intertwined with all of those factors. Through the representation of those who are victims of an often unjust legal system, Guild lawyers are in fact using the law as it should be used, to protect those who the laws were meant to protect, and who are without access to the legal system. Equal access is neither a legal workers and jailhouse revolutionary concept, nor an lawyers of America in an idea articulated only by the National Lawyers Guild. Legal organization which shall function as an effective political representation is recognized as and social force in the service a constitutional right under the of the people, to the end that 6th Amendment right to human rights shall be regarded counsel. In addition, the as more sacred than property American Bar Association has also come to acknowledge the strong hand should take these together all those who regard to too brilliant brothers of ours to adjustments to new conditions responsibility of lawyers representation the provide for woodshed for a the the legal as more important than veneration of precedent; who disadvantaged and indigent: definite and well-deserved adrecognize the importance of monition." safeguarding and extending the Canon No. 2: A lawyer should During the 19505, the Narights of workers, women, assist the legal profession in tional Lawyers Guild was listed farmers, and minority groups fulfilling its duty to make legal a subversive organization, a upon whom the welfare of the counsel available. communist front, on the House entire national depends; who of UnAmerican Activities Comseek actively to eliminate Yet, the FBI still felt it immittee's list of subversive racism; who work to maintain portant to keep tabs on the organizations. and protect our civil rights arid And on June 24, 1982, liberties in the face of persis- Lawyers Guild and its acSenator Denton, Chairman of tent attacks upon them; and tivities. who look upon the law as an inthe Senate Subcommittee on strument for the protection of NLG v. FBI et.al. Security and Terrorism describIn 1977, the National the people, rather than for their ed that National Lawyers Guild repression. Lawyers Guild brought suit as an organization which against the Federal Bureau of "seeks to exploit the law in Among the more noted order to bring about revolu- events in Guild history are the Investigation, the Central Intelligence Agency and other tionary change." He went on to following: Federal agencies. Filed in the say: United States District Court 1945 Guild lawyers won many believe share the view I Thomas v. Collins establishing that groups that produce prothe right of labor organizers to paganda, disinformation, or legal assistance may be even speak and hold public continued from page 3 more dangerous than those who meetings actually throw the bombs, (em1950's phasis added) Guild lawyers perience remains. Mr. Garry's represented persons subpeonschematic framework for a Obviously, the Federal ed before the House UnAmerclient's defense, however-does Bureau of Investigation has ican Activities Committee no more than disintegrate the thought the Guild worthy of Rule of Law, a form of mediaspecial attention since recent tion, and rely on an argument discovery motions in National 1954-64 Cuild lawyers framed in the language of Lawyers Guild v. F.8.1., et.al. established a legal office in Liberalism. Mr. Garry's approach is a have uncovered over 200,000 Mississippi to aid the civil pages of documents detailing rights movement. Guild paradigm of the liberal FBI surveillance of the Guild lawyers also developed the political ideal that one should between 1947 and 1975. These strategy of removing civil defend, by any means, the are only the pages they have rights cases from hostile state underdog. Although the cause been compelled to release. courts to federal courts in is truly worthwhile, the proWhat kind of group is the Dombrowski v. Pfister. blems of objectivity remain the same. Mr. Garry's social National Lawyers Guild that it Guild lawyers scientific approach attempts has stirred up such emotions 1971-73 organized mass defense teams to change the jury from subjecfor so long? What are those subversive of lawyers, legal workers and tive observer (sympathy/difacts done in the name of the jury specialists for Wounded ference) to objective factfinder (empathy/unity); he National Lawyers Guild which Knee and Attica rebellions. wants to create a new, have caused it to be deemed Guild lawyers suc- thoroughly comprehensive imeven "more dangerous than 1976 those who throw the bombs?" cessfully defended Inez Gar- age of his client, i.e., create a And what is it about the Na- cia, charged with homicide for new boundary. Effectively, he tional Lawyers Guild that when killing the man who raped her. is arguing that the defendant interests. Our aim is to bring — - — 6 Opinion April 6, 1983 workshops. It prepared periodic reports usually every six months on each Chapter's members and activities. On both a national and chapter level, the FBI had complete access to the Guild's —— bank records. Even accepting arguendo the stated justification for the government's activities to the Guild, the files expose for scrutiny the principal legal and political premises advanced by the government to justify covert surveillance programs. For most of the period, the FBI claimed it was investigating the Guild as a "front" of the Communist Party, USA. On this premise, the FBI spied upon (and sought to disrupt) the Cuild for thirteen years before it was able to convince the Department of Justice even to bring a formal charge that the organization should be listed pursuant to the relevant statutes as a subversive organization. It then conducted an even more intense surveillance for five years while those proceedings were pending. As documents discovered in this case show, the Justice Department concluded in 1958 that it had absolutely no case against the organization despite all of this surveillance and, for that reason, discontinued the administrative proceedings. Nonetheless, the FBI continued as before, spying upon the organization and attemp- ting to disrupt its activities for another thirteen years precisely on the theory that the Cuild was a "front" of the Com- munist Party. In 1971 the FBI finally abandoned this premise for its "investigation." In quick order, it then attempted .to premise continuing surveillance on the grounds that the Guild was a 'Marxist-Leninist' organization that the organization provoked prison discontent and had con- with the Weather Underground Organization. Under pressure from the Department of Justice, the FBI supposedly terminated its "internal security investigation" of the organization in 1975. The true purposes of the FBI actions shown by the files stand in sharp contrast to the official premises of the "investigation." Indeed, the files show that the government was not "investigating" the Guild at all. The. very first document in the files tells the story. It is, a letter to J. Edgar Hoover from columnist Walter Winched advising that a Guild member had made a speech in Detroit to the effect that if the Guild keeps up its criticism of the FBI and Hoover, it will weaken the power of the FBI. Hoover responded that he had an informant's report of the speech already and was well aware of the Cuild's criticism of the FBI. A few months later, Hoover went to the Attorney General and asked for authorization to being an investigation of the Guild as a subversive organization. The Attorney General refused, saying that there was not enough information. So Hoover ordered a burglary of the Guild offices, and obtained eight hundred pages of minutes, membership lists, mailing lists, contributor lists and correspondence in his search for ammunition to attack his critic, the National Lawyers Guild. This set the pattern. The Cuild would criticize the FBI tacts continued on page 8 Garry: Humanize the Client — — for the Southern District of New York, the complaint alleges that the federal government has engaged in an intensive and systematic campaign of surveillance and harassment against the organization since its founding in 1937. The Guild seeks a declaratory judgment that the government's activities were unlawful and an injunction against their continuation as well as monetary damages for past violations. To date, the Guild has obtained over 200,000 pages of government files on the organization. The documents show an extraordinary program of surveillance. The FBI was at every national meeting noting the identities of those attending and what was said at was denied some set of natural rights; he cites as ammunition nutrition, education, family and any other event in the defendant's history for which society can be held reproachable. Mr. Garry plainly overlooks the fact that a discussion of rights imposes on the lawyer the constraints of Liberalism's dualities: for every good liberal political argument, there is an equally effective conservative political argument. Since rights are by their very nature a legal conclusion, to speak of rights, and society's individual failures, is to NOT speak of unity (empathy) between social classes. Although Mr. Garry's argument correctly points out that an oc- the manipulation of substantive justice. "Rights discourse is a trap," and Mr. Garry's idea offers us no true alternative. One who attended Mr. Carry's lecture may, upon first impression, characterize him as the "Buffalo Model" incarnate. His selective use of a defendant's historical data may seem analogous to an empirical study of the Law. Mr. Garry's method, however, while alleging to be representative, does not approach the magnitude of an exhaustive empirical analysis of the Law. As a result, Mr. Garry must rely on Liberal rhetoric which, because of its inherent conflict, leaves a jury at the end of a trial in the same position which it began the trial: poised to pass judgment on the accused, relying upon a combination of authority and pure autonomy (sympathy), and not upon an objective standard casional value judgment must be made, his blue print for defense leaves us only with an incoherent Liberal methodology that allows for (empathy). �Lackawanna's Got The Steel Yard Blues The abandoned blast furnace of Hanna Furnace Company, continued from page 1 located directly opposite Gate 1. abandoned mills and facilities in the plant it was apparent grants and loans in January if it three times Lipke's estimate. that this new melter could also would agree to continue As ofMarch 18,1982Lipke had commitments of $6,000,000 be used to digest these unused operations. On March 17, 1983 toward his plan. Lipke would facilities. The image of the also have the additional cost scrap melter feeding on the Bethlehem rejected both proplant itself was a gruesome but posals and announced that its of negotiating a purchase price decision to shut down the with Bethlehem for the not inappropriate image. Lackawanna Plant was irrever- facilities. sible. Federal officials stated The Closing The third possibility, that the For the steel worker the an- that Bethlehem had rejected state and/or federal governnouncement of December 27th the earlier proposals of government put up the capital to buy brought some relief; at least ment assistance. The unethe plant, has probably receivphoto by Mike Reilly the workers finally knew where quivicable of ed the least attention. When nature the plant stands it will be Bethlehem's rejection of both the corporations refuse to put by Carl Sandburg closed. The last years have proposals clearly indicates up the capital, and when combeen especially difficult ones that its decision is final. munity and employee groups So fire runs in, runs out, runs somewhere else again, for the workers with 20-35 The second possibiity is that don't have sufficient capital, it And the bar of steel is a gun, a wheel, a nail, a shovel, years seniority. They have too a buyer could be found for the seems logical that the only A rudder under the sea, a steering-gear in the sky; many years in to give up the plant. However, the likelihood source left is government inAnd always dark in the heart and through it, job entirely but they aren't old that another steel corporation vestment. Smoke and the blood of a man. enough to retire: All those would buy this facility and inNot only is government the Pittsburg, Youngstown, Gary they make their steel employees that are eligible for tegrate it into its operation source of last resort but it may with men. retirement can now be ex- seems slight. The process of also have the most to gain by pected to retire. For those that curtailment of operations and eliminating the short and long In the blood of men and the ink of chimneys are close, there may be some the shutdown of plants is oc- term costs of this shutdown. A The smoke nights write their oaths: relief from a clause in the curing throughout the in- conservative estimate is that Smoke into steel and blood into steel; United Steel Workers contract dustry. At this time there are the shutdown of this plant will Homestead, Braddock, Birmingham, they make their which grants early retirement dozens of major steel facilities cost the Buffalo area 25,000 steel with men. to high seniority employees in which sit abandoned throughjobs. The cost of investment Smoke and blood is the mix of steel. the event of a plant shutdown. out the industry. At this time may not seem so great when it Although this clause is in- there are dozens of major steel is measured against the cost of Smoke of a city sunset skyline. dicative of what could be ac- facilities which sit abandoned unemployment, the benefits Smoke of a country dusk horizon complished by contract to throughout the Northeast under the Trade Adjustment They cross on the sky and count our years. Act, welfare, foodstamps, and soften the impact of a shut- and Midwest. down, the International Union There is also a possibility the revenue that would have Smoke of a brick-red dust has not been successful in that local investors could be been raised in taxes. Winds on a spiral found to purchase the plant. There is also little doubt that negotiating more comprehenOut of the stacks sive and long-range limitations One area businessman has New York state needs these For a hidden and glimpsing moon. on this crucial management made some very aggressive steel products to rebuild the This, said the bar-iron shed to the blooming mill, proposals in this direction. On infrastructure which delivers prerogative. This is the slang of coal and steel. Likewise, the Congress has February 17,1982 Dr. Kenneth essential services. Under this The day-gang hands it to the night-gang, been unable to legislate E. Lipke resigned his position type of plan the mills could be The night-gang hands it back. as chairman of Gibralter Steel run by a committee of profesgreater control over these "industrial homocides." None of Company in order to work full sional managers and Stammer at the slang of this the many plant closing bills time toward the goal of stockbrokers who would be Let us understand half of it. which have been introduced locating investors to buy the responsible to the state and/or plant. Dr. Lipke has announced federal government. If this have been successful. In the rolling mills and sheet mills, In the harr and boom of the blast fires, Such legislation could re- that the plant could be fully structure were approved the quire more advanced warning modernized with an investThe smoke changes its shadow board of directors would be of a shutdown and could re- ment of $250,000,000. This elected by the citizens rather And men change their shadow; A nigger, a wop, a bohunk changes. quire justification greater than figure does not include the than a private group of the promise of higher profits in purchase price of the plant stockholders. The government has the it is only another investment; such bills from Bethlehem. A bar of steel Although Lipke's proposal capital to underwrite such a Smoke at the heart of it, smoke and the blood of a man could also require reasonable compensation for the victims has excited great interest in the program of plant modernizaA runner of fire .ran in it, ran out, ran somewhere else, And left smoke and the blood of a man of these industrial deaths, community, his ability to tion. The latest estimate is that realize this goal may be more the federal government will namely the workers. And the finished steel, chilled and blue. limited. On March 20, 1983 spend $2,000,000,000. on The Alternatives James Smith, who is a special defense over the next five assistant to U.S.W.A. President years. Ironically, one might ask There has been some hope Lloyd Mcßride, questioned how strong America's defense Lipke's knowledge of the posture will be even after this since the December 27th announcement that steelmaking steelmaking business. massive expenditure when it is by Anna Marie Richmond Student Health Insurance could be continued at Gibralter Steel is a much dependent on foreign steel Benefit Summary with the of- Lackawanna. This hope has smaller fabricating facility and producers. U/B students are required to ficial policy revealed the revolved around three basic Lipke admits that his expertise If an alternative to the plant purchase health insurance as following discrepancies: possibilities: that Bethlehem is really as an entrepreneur shutdown is not found the conpart of their mandatory stu1) Coverage. The costs for in- would change its decision; that and organizer rather than as sequences for Lackawanna are dent fees, unless they prove suraing a spouse or dependent a buyer could be found for the the head of a major steel facili- predictable. There will be a they have other coverage and child are $200 and $150 plant; or that the state or ty. long uphill battle to survive as Smith has also been critical it increases property taxes to specifically waive the Universi- apiece, respectively. In addi- federal government would ty coverage. What exactly tion, dependent children are take an active role by putting of Lipke's announcements on stabilize its tax base, and it television and in the papers cuts city services and educadoes the University insurance only covered between the ages up capital. It seemed possible that concerning the plant when tional budgets, and as it seeks plan cover? of 30 days and 19 years. 2) Surgical Operations. Bethlehem could be persuadthere has been no consultation to adjust to the loss of its The Student Health Insurance Office, D-213 Michael "When more than one surgical ed to change its decision after with the union and no in-depth young people. At this time it is unclear Hall, provides a summary of procedure is performed in the new proposals were offered by analysis of the engineering, the policy to covered students. same operative session, in dif- both the United Steelworkers capital and market re- whether the mills will be demolished or will remain to This summary is general and ferent operative fields, the of America and by state and quirements of this facility. However, the greatest protake their place among the sometimes vague. It refers the maximum payment will be federal government. On interested student to the of- made for the most expensive February 9, 1983 the U.S.W.A. blem with Lipke's plan may be other towering relics on the ficial policy on file in the Stu- surgical procedure, and 5096 offered a proposal to cut labor its cost estimate. Right now on- Buffalo waterfront. But even dent Health Insurance Office of all other* surgical pro- costs which should have been ly Bethlehem has a realistic after these mills are torn down for further explanation of cedures. When sickness a corporate dream come true. estimate of what it would cost steelmaking will continue. It necessitates two or more The union offered to reduce to upgrade the Lackawanna will remain in the minds and coverage. dreams of the requests surgical procedures which are the workforce, to centralize works into a world class facili- the by Numerous telephone and in person failed performed through the same the maintenance force, to ty. We will not know what this steelworkers. For them the to elicit either a copy of the approach, and at the same lower the incentive rates, figure is until the consulting cadence of the coke ovens bepolicy or an invitation to in- time or in immediate succes- revise work practices and engineers hired by New York ing "pushed" will continue spect it in the Office. The staf- sion, the maximum amount create a one plant "pool" of state and the federal govern- forever, the oxygen lance will fers stated that the Summary is payable will be the larger workers. These changes would ment complete their feasibility drop noiselessly into the 8.0.F. amount payable for any one of result in savings of up to study of the plant facilities. vessels and the billets will roll the only policy available. $50,000,000 for the company. However I would not be sur- uninterrupted through the A copy of the official policy such surgical procedures." Bethlehem also received an of- prised to find that the cost of passes producing an endless was obtained directly from the fer of federal, state and local this modernization is two or stream of red-hot steel. agent. A comparison of the April 6,1983 » >? Opinion — - - — — — — Official Insurance Policies Are Available ■* 7 �Lawyers Guild Files Suit BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS legislatively defined goals and of the bar and hence with the that the FBI is not free to act provision of legal representaagainst progressive forces and upon its own sense of the best tion in our society. By mainthe FBI would attempt to blunt interests of the country in us- taining tabs on the organizaits criticism by heightening its ing its investigative and other tion, interfering with legal strategies and the decision own efforts to destroy the powers. Second, the Guild will making processes of the Guild, Guild as a viable organization. challenge the legal adequacy it can be argued that such inIndeed, the file ends as it begins. 1n.1975, the San Francisco of the pretextual justifications trusion has in fact violated Chapter distributed a leaflet for the government's actions. attorney-client privileges. The answer is not to avoid advising individuals that the It will argue that a point comes FBI cannot be trusted and that after which the government no being involved with the Nacitizens have no obligation to longer can investigate an tional Lawyers Guild. The soluspeak to agents. The Bureau organization to determine if it tion is found in informing responded to this constitu- is "subversive." We will also others of the FBl's past intional conduct by seeking an argue that the government volvement, and access to the IRS investigation of the cannot continue such in- legal system for all, and that organization. In keeping with vestigations once it has abanthe legal system is used to prothe government's actual pur- doned or lost administrative tect fundamental, civil rights. poses, the files show a sustain- proceedings to adjudicate the To remain silent, and let such ed effort not merely to keep organization as subversive. intrusion go unnoticed, is to tabs on the organization, but The Guild is also challenging make a mockery of all the adto destroy its effectiveness. the notion that being a "front" vances that have been made in The issues presented in the of the Communist party is a the areas of civil rights and suit are too numerous to adbasis for investigation at all. first amendment freedoms. We dress fully in this article. The argument is that at least need to examine the governPerhaps most importantly, the since the Supreme Court deci- ment's premises, i.e. that Guild will challenge major sions of 1957 and 1965 narrow- organizations which work on premises of the government's ing the Smith Act and other civil rights issues are essentialpolitical surveillance and similar federal statutes, there ly Communist. Using the Comharassment programs of forty was no law-enforcement purmunist front rationale serves pose to be served by in- only as an excuse to destroy years. First, the Guild will assert vestigating an organization for organizations which threaten that the FBI and other agencies possible links with the Comcertain power and authority, did not act in pursuit of objec- munist Party. The Guild that is misused or illegitimate. tives defined by Congress or believes that as long as the On April 22 at 2 pm in Room the Constitution, but rather in Communist Party "front" ra- 112 O'Brian Hall, Gordon pursuit of its own politically tionale can be asserted by the Johnson (of Rabinowitz, defined goals. The Guild will government, no organization is Boudin, Standard, Krinsky and argue that even surveillance safe, as the rationale is infinite- Lieberman), one of the atwhich is not per se unlawful by ly expandable as well as ob- torneys representing the Guild virtue of the techniques noxious at its core. will speak on this suit and on employed (e.g. warrantless enCertainly the investigation political surveillance. It will be tries is nonetheless unlawful if conducted by the FBI has inter- a good opportunity to discuss not taken in pursuit of faced with the independence the issues raised in this article. continued from page 6 Knowing how to analyze complicated essays, confusedly combining several fields of law, and writing coherent, logical and consistent answers thereto, can make fne crucial difference in passing the Bar Exam. Why not get the feel of 16 very difficult Bar Exam questions before the July, 1983 Bar Exams? Thousands of students, for the past 40 years, have been convinced that the approach analysis and style techniques and methods they need at THE KASS PROBLEM ANALYSIS CLINICS were essential to their success on the Bar Exam. Six successive Sundays, starting June 12, 1983, from 1 to 4 p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, N.Y.C. Tuition Fee: $150 Taped course to be held at U.B. We were over-subscribed in our last 10 series! Buffalo Agents: Mark Reisman & Rick Roberts for unconstitutional conduct — — KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005(212) WH3-2690 Mitchell Lecture Featuring: Professor Stuart MaCauly Aid Update "Law and the Social Sciences" Sallie Mac Options Outlined continued from page 3 on August 1, 1983. When: Thursday, April 7, at 3:30 Where: Moot Court Room The dilemma which faces the 1983 graduates is of significant consequence. In order to take advantage of the Sallie Mac program as it exists today, the student will have to enter into an agreement with Sallie Mac before July 31, 1983. Sallie Mac provides no grace period or deferments, so the student will begin paying back Post-Lecture Panel Discussion Professor Daniel Lev: University of Wisconsin loans in August or September, well before the bar exam results are in and well before many students have received their first pay check. The option available is a gamble. The student can take advantage of the 9-month grace period on his/her loans and do nothing until February 1984 when the first loan pay- Dr. Felice Levine: National Science Foundation Professor Barbara Yngvesson: Hampshire College Letter to Chancellor When: Friday, April 8, at 1:00 Where: Room 109 •Reception following the lecture. &_&_&_£_! Opinion' 8 ApriiVl&J' be able to afford the extra $76/month in the first few years out of school. A secondary concern to the renewed, the student will begin paying off his loans at more far-sighted student is the fixed rate set by the bank. whether s/he might do better by investing the extra (Note: the bank has the discre$76/month; in essence using tion to reduce or postpone student payments for good the bank's loan money in an atreason, but is not required to tempt to gain a return in excess do so.) A typical Buffalo law of the 7% cost of that money. A resolution to the dilemma student with $15,000 in loans will thus have the following is not in the immediate future. choice. Under Sallie Mac's ex- According to the memo issued tended plan, the student could by the Joint Task Force, opinpay $98/month for the first two ions on Capitol Hill range from years, increasing in graduated optimistic to pessimistic over steps over sixteen years to the chances of Congress conti$189/month in the last two nuing Sallie Mac's authorizayears. On the other hand, tion. Certainly no action is likeunder a typical bank plan, the ly until the GAO report comes student will pay $174/month in in May. for ten years. The crucial issue Students who would be into students is whether they will terested in waiving the nine month grace period to be sure of having the Sallie Mac Options available should take the attract academically talented following action: Write or call students. I would appreciate it Sallie Mac before May in order if you would consider as an to receive the application becomes due. At that time, if Sallie Mac's consolidation authority has not been ment i ■ Editor's Note: U/B President Sample wrote the following letter to SUNY Chancellor Clifford B. Wharton: alternative an increase of $400 Dear Clif: for Law and a 25% (or approximately $600) incrase for Thank you for the oppor- Pharm.D. These minor adtunity to discuss with you the justments in the proposed tuiconcerns that we at the Univer- tion levels for Law and Pharsity at Buffalo campus have macy would continue to allow regarding the tuition increase our programs, which are unifor our Law and Pharm.D. pro- que in SUNY, to be comgrams. Although we are well petitive with peer institutions aware of SUNY's pressing need throughout the country while for additional revenues, the at the same time reducing by projected increases for Law only a slight amount the and Pharmacy are totally out revenues to be generated by inof line with the percentage in- creasing the Law and Pharcreases in other tuitions and, macy tuitions. perhaps more importantly, place our Law School and Sincerely, Pharmacy School at a decided Steven B. Sample disadvantage in being able 10 President material. Follow the course of the legislation (I'll be keeping the people in Buffalo informed through the Bar Review months of June and July). If it looks like authorization will not happen before August Ist, complete the application (including the forms filled out by your banks) in time to have Sallie Mac accept it by the end of July. Sallie Mac's address is: Sallie Mac Student Loan Consolidation Center P.O. Box 1600 Merrifield, Va 22116 1-800-446-4000 �New Waves Heavy Metal, Anyone? Sheehan is Believin' by Jud Weiksnar Even though the name of this column is "New Waves," there is more to the Buffalo music scene than that title suggests. So last week I ventured into the world of Heavy Metal at Uncle Sam's in Cheektowaga to see Talas. Don't get me wrong. I have not traded in my thin ties for a 97 Rock t-shirt. However, this was Talas' last local show before taking off on a tour of the States and South America, and I was curious about all the hype the band, especially bassist Billy Sheehan, has been receiving of late. This was a Heavy Metal high schoolers stancrowd ding in line to get in, trying their best to look 19. When the disc jockey played a New Wave tune, one girl shouted "I hate this band. I hate this music." That set the stage for — Talas. Talas, composed of Sheehan, Dave Constantino, and Paul Varga, has been around a long time. In one band or another they've been playing with each other for the last 18 years. Talas as it's known today has been together since 1974, except for 1977-78 when Sheehan left for a year. If I were 16, I'd probably think Talas was the best band in the world. Taken in context, they're great at what they do: Heavy Metal. After their first couple songs, I realized whom they reminded me of: Blotto doing their parody of a Heavy Metal band. Then a funny thing happened in the middle of the set, Talas took off into a series of less metallic songs, getting away from the boom-boom-boom and into different rock 'n' roll beats, with Sheehan putting on a vir- performance. This man not onlyknows his Way around a bass guitar, but he does things with it you just won't see anywhere else. It's easy to understand why he's received such acclaim from around the rock world. The other members of Talas are more than capable. The band struck me with their sheer professionalism. They've learned a lot from touring with big name groups and putting out two albums of their own. Their latest, Stick You Teeth tiioso Into That, is moving up fast on the national and international charts. In only one way could I mistake them for a local bar in their rapport with band the audience. These guys are as much a part of Buffalo as Beef on Week, and they aren't about to forget their roots. They made sure to point out that one of their songs about a hick town was not referring to Buffalo. After a while Talas reverted to more basic Metal still original and still flawless, but — — obviously tailored to their fans, not to the New Wave critics in the audience. So if you want to dance, don't see Talas. If you want synthesizers, don't see Talas. If you want weird lyrics, don't see Talas. However, if you like Heavy Metal at all, if you want to see how good a Buffalo bar band can become, or if you just want to get your socks blown off, see them when they come back. For those of you who enjoy a mouthful of metal, this is a band you can really sink your teeth into. — SBA Adopts Resolution Resolution adopted by the welfare of law students, the reputation of the law school, SBA on March 16,1983 and the effectiveness of the WHEREAS, the Career law community, and Development Office (CDO) represented by Ms. Audrey WHEREAS, the SBA in past Koscielniak appealed to the years has been requested to SBA on February 9,1983 for a subsidize such other various grant which would subsidize and usual CDO functions, and the Spring 1983 One-to-One Program and the purchase of WHEREAS, the Administration certain job information books has a duty to prioritize the and, CDO budget and allocate monies in order that CDO can WHEREAS, the SBA adopted a sufficiently provide such wormotion on February 15,1983 to thy and usual functions grant CDO $200.00 from the without necessitating an apunallocated line for .aid re- peal for SBA funding. quested subsidation, (sic) and RESOLVED, that the SBA urges the Administration to prioritize WHEREAS, the SBA reluctant- funding for the Career ly granted said request only Development Office in order because it recognizes the im- that said office's importance portance and worthiness of and worthiness be truly CDO functions in bettering the reflected. Insurance. 3) Maternity Benefits. Benefits for hospital confinement are limited to four days, one of which must be the day of delivery. Surgical benefits paid will not exceed 20% of the maximum surgical expense limit ($1000), i.e. $200. No benefits are payable for any expenses "incurred in connection with the care, treatment, or supplies rendered to the new-born infant." (This last proviso is consistent with the exclusion of dependent children less than 30 days old, but reflects a policy decision by the University to not cover a major portion of maternity expenses.) 4) Exclusions. In addition to the 14 exclusions listed in the summary, the policy does not cover injury incurred due to participation in a riot, or "treatment provided in a governmental hospital unless there is a legal obligation to pay such charges in the absence of any insurance." What You Can Do If you wish to know the full details of your insurance coverage, you should obtain a copy of the official policy. You can try to get a copy from the Student Health.lnsurance.Of- • • • _rfggse continued from page 7 fice. However, it seems that many of that Office's staff are unaware of the availability of the official policy. You can obtain a copy of the official policy by telephoning or writing to the plan administrator: William H. Scott, Jr. Henry Holland Inc. 2495 Kensington Aye. Buffalo, NY 14226 634-2100 BALSA This is your chance to get your questions answered and let your gripes be known: OPEN FORUM ON THE BUFFALO MODEL & OTHER ACADEMIC ISSUES Policy The Black Law Students Association, Buffalo Chapter, is an organization which stands for racial and ethnic identification, as well as assimilation, in the Law School and the University at large. BALSA is dedicated to helping minority students find a place and succeed in law school arid in the legal profession. BALSA is also totally dedicated to the advancement of Buffalo Law School and is more than willing to assist in the achievement of that goal. BALSA strives towards racial and ethnic balance and equality, not only at U/B but in our entire country. Featuring: Dean Headrick, Associate Dean Schlegel & U/B Law Students' Find out what's going on. Let your views be heard! Wednesday, April 13, 2:00 p.m. Room 106 April 6, .1993,, ( 9 �■■■■■■■■■■■■■■■■-—---—■■■■■■„.. t I ||||l ----- ■■■■"» ■ .illllil Celebration! Law School Dinner Dance April 9, 1983 6:30 til 1 am Sheraton-East Buffet Dinner 4 hour Open Bar Wm/wmk Kf/0/fr\ <*_§l_!2__r Wl/li/h-i Music — Dancing sfs $15/person without Entertainment Card $11/ person with Entertainment Card ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■»'"' V Special BAR / BRI OFFERS! r Until April 15, all you need is $25 to enroll in the most popular bar review course in the State! This will freeze your special discount price, and will be put towards your balance. See BAR/BRI table for more info! - ___—_■■_________ aHHIHaaaIMIIHH^^11l^MMM^MM ________________i___________^M-M---_-a__■_____-_-___------^_________^________________«___ ■■^ All those interested in viewing the Irving Younger CPLR tapes may still do so by signing up at the BAR/BRI table by April 7. See BAR/BRI table for more info! OpmkMi 10 April*, I*3 �Last month's Law Revue featured diverse acts by talented students... ...unabashed appearances by members of the faculty... ...and an appreciative audience. photos by left Eisenberg and Earl Pfeffer *. April 6,1993 Opinion 11 �Amazin' Mets Bring Back Memories of 1962 by Lou Roper You will recall that your reporter suffered an attack of acute dyspepsia (that's an upset stomach, fans) just as he was about to analyse the New York Mets in the Opinion's baseball preview last issue. At this time, I have recovered sufficiently to make an attempt to see what's wrong (and what's right) with the New York Na- tional League Baseball Club. season, Last the Metropolitans achieved the awful record of 65-97. They managed to perform miserably in all phases of the game of baseball. Their primary failing, to make a long story short, came in the area of brains. The team leaders in this deficiency were third baseman Hubie Brooks, whose favorite play was tagging up at second base on line-drive singles to center field, Pat Zachry, who had an aversion to getting the ball over the plate in key situations, Ceorge Foster, who had a habit of swining at everything remotely near the strike zone, and David Kingman, the first first baseman to reach Alpha Centauri, at least in spirit. Needless to say, these mental deficiencies contributed directly to the statistical disappointments suffered by various New Yorkers. For example, Brooks slumped to .246 (after a .307 rookie season in 1981) with a mere two home runs, Zachry, penciled in as the staff ace before the season, wound up in the bullpen with a 6-9 record and a 4.05 ERA. The much-heralded Foster repaid his employers' investment with a robust .247 average, 13 homeruns and 70 RBI. Swingman managed to reach the sunny side of .200 (.204) and provided excitement by fanning 156 times. What, then, can longsuffering Met fans expect from this outfit in 1983? For starters, Zachry was shipped to Los Angeles (amazingly, he is the highest-paid pitcher on the Dodgers). However, just as progress was seemingly being made. New York saw fit to acquire Mike Torrez from Boston. This horrendous pitcher staggered to a 9-9 record with the heavyhitting Red Sox last season and posted a 5.23 ERA. Observing Torrez in action allows one to confirm that this is a case where statistics do not lie. A better acquisition was Tom Seaver. Seaver's past record is well-known to all Met fans over the age of 12. Last season, however, he battled a variety of ailments and fell to a 5-13, 5.50 record with Cincinnati. It is hoped that Tom Terrific will recover his 1981 form (14-2) and also serve as a role model for the large crop of young pitchers in the Met farm system. It is these pitchers that should give cause for all New York National League fans to smile. Remember the names Ownbey, Bittiger, Darling, Holman and Sisk, for starters. These gentlemen all throw hard enough at this stage in WORD - ' — 883-3348 Call Proto-Type Ask For Randy r SBA Presents j GUNS, BUTTER AND j I I BUSINESS I | with { { HOLLY SKLAR ~ Where: WkS^rjanHa}^ due to their inexperience, but they will make many bigleague plays and provide,excitement. They are players that the Mets should stick with. Finally, there is Mookie Wilson. Although Mookie struck out frequently last season, he was exemplary in other departments, particularly fielding and baserunning. He was a proverbial light amid the gloom that was the 1982 Mets. In summary, New York is too young and lacks sufficient depth to move up in the standings, unless their pitchers all turn into Walter Johnsons. . Pick-Up & Delivery Available All Work Guaranteed L Strawberry every opportunity to win the rightfield job (they sure don't appear to have anyone better). If the kid has the goods, he should be able to handle the jump from AA. There are some other bright spots. The young double-play of Ron combination Gardenhire at shortstop and Train Ciles may well be erratic Each of you will have an opportunity to present your organization's needs to the SBA Ad-Hoc Committee on Student Office Space (affectionately dubbed "lost in space"). Two to three representatives from your organization will appear before the committee sometime during the first week following spring break. We will be posting a schedule of meeting times on the SBA bulletin board in the mailroom. Repetitive Work at Reduced Prices Xeroxing, Printing, Bulk Mailing When: Thursday, April 14, 7:00 PM Nothing ventured, nothing gained, as my father says. Since the Mets also need a number-three hitter, it is my humble opinion that they giver This study is intended to ascertain the individual needs of each student organization. While some organizations may be asked to share space based on results from this study, please be assured that no organization will be left without adequate room. Complete Editing Capability No need for retyping when editing drafts j youngster and he could have had a taste of the big leagues. Instead, New York went with the disenchanted Valentine and the confused Foster. At Dean Headrick's request, the SBA is currently re-evaluating the allocation of student activity space. We ask for your cooperation in this study. We are confronted with a situation of having too many groups and too little space available. It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Printed to Look like Typeset Or Typewritten holdover Gary Rajsich, a lefthanded batter who has not shown any ability to hit the curve ball. In case Rajsich falters, New York picked up alleged lefthanded slugger Uriah, I mean Danny, Heep from Houston. Uriah had a couple of big seasons in the Pacific Coast League (where everybody hits well) but found the Astrodome too confining Mets' training base at St. (.237, 4 HR, 22 RBI). Maybe he Petersburg indicate that Tim will find Shea Stadium more to Leary has recovered from his his liking. In the alternative, manager shoulder injury which he suffered in the spring two years George Bamberger can choose ago. As with all of the young from Mike Jorgensen (a useful reserve), rookies Mike Howard pitchers, New York management plans to be patient with and Rusty Tillman, or, Rusty Leary. Generally, one should Staub (that would be a cruel be careful with young arms, joke). Or, the Mets can keep but if they are ready to move Darryl up to the big club (especially phenomenon when the big club is short on Strawberry with the team. competent pitchers), they Strawberry, supposedly the should be given an opportuni- black Ted Wiliams, played at ty. Since the Mets' rotation will Jackson in the Texas League be led by veterans Swan and (Class AA) and hit .283 with 34 Seaver, there won't be that HR, 97 RBI and 45 stolen much pressure on the Kiddie bases. Obviously, these are Korps to produce (I assume statistics that make one sit up Torrez will not survive the and take notice. In addition, he spring). They should get a good is just 21 years old. The only look this spring. drawbacks are his inexperience As for their team in the field, (in view of Met management) the Mets' most glaring hole is and the fact that he struck out in right field. Last season, New quite a bit last year. York possessed two of the finer The Mets could have had an defensive rightfielders in the inkling as to how Strawberry League FROM: SBA Ad-Hoc Committee on Student Office Space Your Future Can't Wait Much Longer 16Typestyles & Symbols to mighfperform in the National had they deigned to use him last September when they were in the process of plunging through the standings like a boulder to the bottom of on to brighter pastures. To Lake Erie. There would have replace them, the Mets have been no pressure on the Ellis Valentine and Joel Youngblood. Through insensitivity on the part of management and injudicious use of these players, both became alienated and moved league in TO: All Student Organizations PROCESSING TYPING Choose From their careers to pitch in the big leagues tomorrow. The only ingredients lacking are polish on the breaking ball and experience. In addition, all reports indicate that there are more pitchers where these came from. New York does possess a few arms left over from last season. Craig Swan rebounded from a serious shoulder injury in fine fashion and appears ready to be the Met "ace." Neil Allen, also coming off of an injury, and Jesse Orosco operated in good stead coming out of the bullpen. Both have excellent stuff. Also, all reports from the ' \I Crossword juiuliuu Solution r o aTMIo" P-Z.AL rplT Dan Pease Rich Gottlieb Hollie Levine Anne Carberry Kathy O'Hara Tw MA s r a. £ ILS>-L.JL£.J± * £*^^AJOp:_s._E4"£ X |__L_E_s_J r (ZaZj 1a°l r*• "pi L/L__£Hl E-£-— ___J * ** irl'F" J/v s £-JL !/Z il o.__.ll.A__.£ll [Tool __g, JL i_Ll--_LXI IT a Tl [a vj r Tlals Isllsl* I a lis I Iris � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-04-06 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/00d92e18019cdfa76d29b168dd27e0c6.pdf be8517f8dea2d6671dd00dc541349091 PDF Text Text Vol. 23:10 OTHE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Mar. 9,1983 Sullivan Stumps for NFL Players Association by Earl R. Pfeffer tion about that by law. It was determined a long time ago Editor's note: Richard Sullivan, that they're employees. The a member of the Buffalo law State of Florida does exclude firm Albrecht, Maguire, Heffern football players from workers & Gregg, teaches New York compensation coverage the Practice at ÜB. Although he is a owner of the Miami Dolphins Yankee fan, he does know a lot has lobbied quite heavily to exabout professional football, as clude professional athletes. he is local counsel tor the Na- But under the new collective tional Football Players Associbargaining agreement, clubs ation. are now required to provide equivalent coverage even if OPINION: What is your role as the state they operate out of local counsel for the National does not cover professional Football Players Association? athletes. So virtually every professional football player is SULLIVAN: Absent an extraor- now covered by some sort of dinary event like a strike, its workers compensation. seeing that players are afford I think it's tragic to see a ed representation when they twenty-six year old player who are injured; that they know has had four operations on the what their rights are under same knee, who now has their contract; and that their degenerative arthritis on that workers compensation claims knee, and his contractual are properly processed. In obligation is over. Generally general, the task of my such a player has been raised representation deals with in a cradle to grave philosophy former players who, having that either his high school or been out of the league for two college took care of him and or three years, realize that they then all of a sudden he's out need further medical treat- cold. There's nothing worse ment, and don't know how to than being yesterday's athlete go about getting it. I represent because nobody wants to hear both present and former from you. Its like being yesterplayers to see that their rights day's newspaper they wrap under their contract and as dead fish in it. employees in the State of New York are protected. OPINION: Most people are OPINION: Are football players under the impression that professional football players are employees? all exceptionally well paid and move on to lucrative careers SULLIVAN: There's no ques- — — Hochul Top Oralist to the entire school, staff, and faculty." Hochul, a Notre Dame alumThe UB Law School has reason to be proud of second nus, is a native of Buffalo and year student William Hochul, will be working for a winner of the best oralist downtown firm this summer. award at the National Con- He is primarily interested in stitutional Law Moot Court trial litigation, especially at Championship. This year's the appellate level. by Lisa Kandel after their playing days are over. SULLIVAN: Absolutely untrue. There is a small minority that is like that, and I have to say that those people are generally the people that used their money well when they made it, by investing it wisely. But those people come from some form of socioeconomic background continued on page 6 are individual awards for best brief and best oralist. Hochul won the latter award. In discussing his achievement, Hochul emphasized the contribution of his teammates, Tim Prosperi and Brad Bennett, "without whom the award would not have been possible." All three students wrote the brief which was submitted. Hochul also emphasized that "the award is a tribute both. by Wendy Cohen $800 increase would represent increases. slightly more than 30 percent Arguing against the $800 inWhile a law school tuition of the current $2,500 tuition crease in his report to Sample, hike for the 1983-84 academic rate. Dean Headrick states that an year seems almost inevitable, While the Trustees will not $800 increase is unfair because Dean Thomas Headrick hopes be making a recommendation students cannot adjust to such that if an increase is approved, on the tuition increase for a large jump. He writes that "it it will be held down to the $300 several weeks. Dean Headrick will be extremely difficult for undergraudate students will commented that as a practical most law students to expand have to pay, rathel* than the matter, if undergraduate tui- *heir -income and other $800 figure under consideration is raised, it is not likely revenue sources by $800 in one tion by the State University that law school tuition will re- year," particularly since stumain the same, "in spite of the dent loans have ceilings and a Board of Trustees. A proposal to raise law fact that there is a good case majority of students are school tuition by $800 was for leaving our tuition where it already borrowing to the ceilconsidered by the SUNY is," and allowing rates at other ings, and opportunities for trustees in February, but it was graduate programs to increase part-time jobs have been neither approved nor defeated. gradually until on parity with declining due to the deep The trustees did, however, con- law school tuition. The dean recession in Buffalo and New sider a number of other tuition hopes that if an increase must York State. be approved, it will be limited The amount of revenue that increase proposals for the remainder of the University to no more than $300, approx- would be raised by an $800 insystem, deciding to tentatively imately the same amount that crease far exceeds the added take a stand against differen- it appears undergraduate tui- costs of operating the law tial undergraduate tuition for tion will be raised by. school next year, even if the Law school education is not law school experiences no cuts students at the four University Centers, and differential tui- more expensive to provide in personnel. According to the tion for upper and lower divi- than other graduate education. dean's report, based on the sion students. Dean Headrick According to figures cited by school's current projection of explained that the $800 figure the dean in a report to UB 775 students for 1983-84, the under consideration by the Trustees was supposedly arrived at to reflect the governor's expectation that tuition rates throughout SUNY programs would be raised between 20 and 30 percent. An judged by lawyers, professors and judges, was held in Chapel Hill, North Carolina from February 23rd to Thirty two teams from various places across the country participated in this annual event, probably considered the most prestigious Moot Court in the country. There were three people to each team. In addition to the team awards, there .. Pfeffer Board of Trustees Proposes 30% Law School Tuition Hike competition, 26th. photo by Legal motions and illegal motion? Richard Sullivan deals with President Steven Sample, the budgeted instructional cost per full-time enrolled student in the law school is $2,052, while the comparable instructional cost per full-time students university-wide is $2,383. Noting that in the academic core, the law school "is the third least expensive academic unit, and most units have both grduate and undergraduate programs," Dean Headrick said, "If tuition bears some relationship to cost, the law school should have the lowest graduate tuition in the academic core, not the highest." The dean has expressed his outrage over the $800 proposal to President Sample, and he feels Sample shares his concerns and is "willing to lead the fight to keep tuition down, although he suspects there will photo by Hick Roberts I be some increase." Dean Headrick also pointed out that it is the two programs which are unique to SUNY Buffalo, law and pharmacy, which Rooties abounded with revelry and antics as the Class of '83 seem to have been singled out threw a pre-graduation party. For a closeup view of the festivities, turn to page 5. for the highest possible tuition The 83 Daze Party... ' $800 increase would yield about $620,000 in added to the state. Negotiated salary increases and other projected cost increases in the law school budget would cost the state about $300,000. "It is unfair to burden a small group of students with such a large contribution to SUNY's budget problem," concluded the dean. At $2,500, current law school tuition is already high compared to many state schools. Resident tuition at 72 state-supported law schools for the current academic year ranges from $400 at Texas revenue Tech to $3,360 at Pittsburgh, while the median is $1,265. U/B law school is the seventh most expensive, and pointing out that both Rutgers and Connecticut law schools have lower tuition rates than U/B's, the dean added, "It is less expensive for New York students to get a legal education at the state school in New Jersey or Connecticut as a non-resident. continued on page A �Letters to the Editor Vol. 23, No. 10 Tuesday, March 9,1983 Editor-in-Chief Earl R. Pfeffer Managing Editor Clenn Frank News Editor: Feature Editor: Photo Editor: Arts Editor: Business Manager: Ray Stilwell Mary Ellen Berger Gary Games John Stegmayer Frank Bolz Staff: David Allen Cass, Wendy Cohen, Lisa Kandel, Michael McGorry, Jill Paperno, Amy Ruth Tobol, Jud Weiksnar Contributors: Jim Kreuzer, Rick Roberts, Lou Roper © Copyright 1983, Opinion, SBA. Any republication ol materials herein is strictly prohibited without the express consent ol the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law. SUNYAB Amherst Campus. Buffalo. New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo. N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. . ■-&. "Off The Undergrads"- II "The architectural design of the (Amherst Campus) Spine is analgous to a railroad train. It's as if you are on this train walkCapen Hall being the engine car, Norton ing from car to car Hall the dining car, O'Brian (sic) Hall the reading car with sleeper cars front, rear and in between (sic)." The profound analysis capsulized above appeared in a recent Spectrum. The author, a U/B graduate student, used it to make a point about our eternal student union controversy; but in doing so, he incorporated a common misconception about the architectural design of the Amherst Campus. O'Brian Hall, in particular its library, has indeed become a "reading car" to the University at large. The Opinion believes, and most law students would probably agree, that the John Lord O'Brian Car was never intended to serve this purpose. On any given evening, the students using the law library for its law-related materials may easily be outnumbered by the engineers, premeds and would-be corporate managers who come here in search of only a well-lit place to sit. These visitors no doubt favor our library over the noise of the UGL social club over in Capen "engine car," and they probably find other libraries, such as those in Lockwood or Baird, to be too far away from the Norton "dining car." During peak study periods, the collective presence of all these visitors puts serious contraints on the space available for law students and the other readers who must do their legal research where the law books are. Even if every visitor to the law library were a perfect guest (and every visitor clearly is not), the law library would be overtaxed in trying to accommodate them all. Thus far, however, the law library has done nothing to discourage other University students from using the facility as a "reading car." We must question how long the law school will be able to maintain its not-so-benign neglect of the problem. Both of our law school neighbors in upstate New York have already begun to face the consequences of dismissing the importance of maintaining their law libraries for their intended uses. The Buffalo Evening News recently reported that the Syracuse University law school has jeopardized its accreditation by failing to keep its law library up to the standards prescribed by the ABA for such — An Alternative to Caps & Gowns TO THE CLASS OF 198J Graduation is a rite of passage: it is a ritualized event which marks a significant transition in the lives of its participants The ceremony is highly traditional stylized costume, and has associated with it a certain and helps signifies gown, which the cap and delineate the brief transitional phase during which one is no longer a student but not yet a juris doctor it Law school graduation is an important event; trainintense years of three of completion a signifies ing while it simultaneously launches us into our careers and our lives. It is especially meaningful for parents, spouses and friends who have nurtured us and supported us with their love and their sacrifices. and a It is a transitional occasion for them as well — one too. It is withfull knowledge of the meaning of graduation and the significance it holds for all of us that we have decided not to wear caps and gowns at commencement We did not reach our decision out of disrespect for those who will choose to graduate in full ritualized attire, nor it is an attempt to belittle the ceremony itself. Graduation is a significant event in our lives as well. But merely not wearing the cap and gown is not we believe that a symbolic statement enough such as we are planning requires an affirmative act: We have therefore decided to donate the $20.00 joyous — which would otherwise go to the cost of the cap and gown to a cause of our own choosing. Someof us will make donations individually; others of us will make a collective gift. We hope to announce in the graduation program our reasons for not dressing in traditional garb and the causes supported by our donations. As commencement is an occasion of symbol and a time of reflection we have chosen to infuse this symbolic gesture into the ceremony as a reflection of a commitment we all shared when we came to law school: we arrived at O'Brian's doors in August, 1980, with the belief that our careers as lawyers would be devoted, at least in part, to the achievement of social justice. By not wearing caps and gowns and making a donation, we are symbolically reaffirming the principles, values and commitments we held when we began our legal education. We encourage other graduates to join us. It will be our way of saying to the assembled body on May 22nd that we have made it through law school without losing an important part of ourselves in the process. Earl Pfeffer ChristineKroetsch Amy Ruth Tobol Barbra Kavanaugh Judith Romanowski MaryMcHale Herbert Eisenberg Mark Reisman Kevin Casutto 'I'm Damn Proud of My D!' To the Editor, I had never gotten a "D" before in my life until now. Therefore, I thought that it might be appropriate to share my thoughts with all of you on this very special occasion. Let's begin by saying that this is about Prof. Spanogle's Commercial Paper final last — semester. The test wasn't overly dif- ficult, but required the student to answer four rather long questions in three hours. As Prof. Spanogle put it, it was a "horse race." I answered two questions well, but like many others I was forced to scramble to get my remaining thoughts down on the last questions. There were times during the test when I was almost overcome with the frustration and angerof not being able to get what I knew down on the paper. I stuck it out, though, and I got a "D". C'est La Guerre. During the test, some persons), due to the anxiety of the testing situation, packed it in and went to Charlie Wallin to say that they couldn't finish the test. A deal was then workfacilities. Meanwhile, accreditors at Cornell's law school warned ed out so that this person(s) that its library would have to limit access by non-law students so would take the same test over that the facility could meet the required ratio of library study again, after the weekend, and space to law student population. We are not suggesting that our law school's accreditation could be called into question because of the problem of use by outsiders, but we think that the illustrations from other law schools do suggest how important it is to Editor's note: The following keep the center of a law school in the optimum condition. was received from the FSRB A little over a year ago, The Opinion suggested some drastic with the student's name measures for dealing with the problem of "hordes of deleted. undergraduates." Last year's editorial board may have sensationalized the problem, and the solutions then proposed were From: Janet Lindgren, quickly (and, we now think, properly) dismissed. We now call for Chairperson a more passive approach to the problem than the checking of Faculty Student Relations ID's or the closing of the law library's stacks to non-law students. Board First, the library should promulgate a policy that limits library acWe have received your cess to law students and those other readers who are actually us- twelve page "Request for ing the facility's legal resources. Second, the law school should Review of Grade" which condesignate and keep open classroom space elsewhere in O'Brian sists of (1) a comparison of Hall for study use by those not needing the library's resources. your own examination answer Currently many such locations are hogged by students on a first- and an H paper, (2) a refutacome, first-served basis. Certain first and second floor tion professor's grounds of the classrooms could be designated as study rooms for quiet or for the D, and (3) a detailed group study, and for smokers or non-smokers. Finally, we comparison of issues covered recognize that the problem cannot be solved by the law and omitted in your answer, librarians alone. The staffs of the libraries in the Capen "engine the H+ answer, and the procar" must do their parts to maintain the intended atmospheres of fessor's outline. While the receive a pass/fail grade. and no one knows how they're Now this may strike you as going to do on any given test. funny, but I get the feeling that Like I said before, not being a after a whole weekend, this quitter when the chips (or person(s) might be able to get a negotiable instruments ha ha) nice "P" in Commercial Paper. are down, is more important in All I'd like to say is that I stuck this world than H's, Q's, and out the exam when I felt like D's. I hope that this school is quitting, and maybe I deserve proud of the values it is instilla "Q" just for courage. I got a ing in its students, and that "D" though, and you know maybe someday when people what, I'm proud of my "D". It are running up to Mr. Wallin proves that I'm not a quitter. during tests because they I'm not going to graduate might not get an "H", or their Magna Cum Laude, but I'm not contact lenses are bothering a quitter. Neither is anyone them, or their lucky pen just else who stuck out that rotten ran out of ink, the administration sees the folly of their test, for better or for worse. The administration of this ways. Until then, take care school should be ashamed of boys, because I'm getting out itself for coming up with such of here before anything else a stupid solution to this proreally stupid happens again. blem. As for Prof. Spanogle, the grades to the exams conveA Student at a Law School in Western New York niently came out right before his plane jetted off to China sabbatical. I also hear that it's pretty tough to get a hold of an exam to look at. Bon voyage Professor, watch your step on To the Editor, the Great Wall. Let's face it, unless someone I am writing you this brief is having a heart attack, an letter in hope of some help of or some epileptic fit, other verifiable illness they should your assistance. As you can tell finish an exam. At least a dif- from the above address, I am ferent exam. Life is a gamble. incarcerated. I have been incarcerated for six years last No one knows how they're going to feel at any given time, Sept. 3. Since being incarcerated I have lost all family ties. This is the reason I am writing to you. I hope that you would be so kind as to place that it will not entertain a my name, number, and address grievance which goes to the in your newspaper so that professor's evaluation of the perhaps I could start trying to quality of performance on an develop some true and above examination. sincere friendships with We do not now reach a dif- all some of your students. To ferent conclusion. Evaluation maintain my complete sanity of a professor's grading of a as well as better myself and particular examination would again become aware as once require review of all the exto going on in the outaminations in the course and sidewhat's world! familiarity with the subject As I have said, I have lost all matter as taught by the profamily welcome all fessor. Such review is fraught who ties so I to would like write! So not only with practical difficulties but with the need to please print my name in your be respect a professor's judge- weekly paper; it would ment of what he or she has highly appreciated! Thank you for acknowledgetaught in that course, what was ment of this brief letter. on expected the examination, Sincerely seeking true and how the student perform- friendship. Please Write FSRB Decides Case + their facilities. The general-purpose libraries at U/B must become FSRB will consider grievances ed in comparison to other what they were intended to be, so that the law library does not regarding grades where the students. Recourse in cases have to be something it was never intended to be. claim is that proper pro- beyond the purview of the cedures were nol followed, it FSRB would be to the full has been, the FSRB's position faculty. m I ~, I ■ !(( }. 2 opiifts »*irt*smi Master S. Barceem Dukes i . No. 77-A-2222 Box 149 Q^'\iH) ,\Mif*'cNYi 4011 ' | : f !91 �Law School Organizations Announce Policies BCMS that lasts well beyond gradua- tain experience in analyzing Activities at the Alden Chapter here at Buffalo Law School include our famous PAD booksale held at the beginning of each semester. We also work closely with the Red Cross to sponsor the Bloodmobile at the Law School twice during the academic year. Last summer three members of the Alden Chapter went to the international Convention in St. Louis, Mo., and met with over 500 attorneys and law students from throughout North America. In the fall, we sent representatives to the District Conclave in Syracuse to meet with members of other chapters from the Northeast. Locally, our most recent social successes include our fall alumni/student dinner at Chefs Restaurant with Judge Martina and another well attended "First Floor" keg party. Several of these parties are held throughout the academic year. Professionally we have sponsored several speakers, including the most recent on 'The Insanity Defense" featuring Matthew Murphy from the U.S. Attorney's Office. Another speaker will be featured later this semester. Phi Alpha Delta holds an initiation once per semester and welcomes all students to join. Last week PAD initiated 17 new members to bring our current active membership to 77. Events still to be held this year include the third annual beer and wings party and another alumni/student dinner. To cap The following is a brief statement of the purpose and goals of the Buffalo Consumer Mediation Service, to be published in compliance with the provisions of By-law 13. The Buffalo Consumer Mediation Service is a student staffed consumer mediation service which operates in conjunction with the Better Business Bureau of Western New York. Each member acts as an objective mediator in actual disputes between consumers and merchants which have been referred by the Bureau. The mediator assists the disputing parties in reaching a settlement through phone calls and face-to-face negotiations. As a member of 8.C.M.5., the student'can obissues and negotiation skills within the "real-world" context of consumer-merchant disputes. As an added incentive this year, those students who mediated cases for the full year were given the option of applying for one school credit as an independent study under the supervision of Professor Spanogle, in which they analyzed their cases in terms of the relevant consumer law and compared the advantages/disadvantages of out-ofcourt settlement. PAD Phi Alpha Delta is an international professional association of law students, law teachers and members of the Bench and Bar. Our purpose is to form a bond of fraternal fellowship among members and to promote integrity and competence in the legal profession. Phi Alpha Delta has over 165 active chapters located in 57 nations around the world. For the law student PAD helps bridge the gap between the academic emphasis of law school and the realities of practice. This is accomplished through numerous social and professional activities which we sponsor throughout the year. For the alumnus member there is life after law school. PAD encourages continuing legal education and promotes a kind of fraternal friendship tion. Moot Court — BPILP Law Program was begun in 1979 by two students from S.B.A. and two from the BuffaloLaw Review. Primarily, the program arose from a recognition that law students, as future members of the legal profession, have a responsibility to contribute to the provision of legal services operated in the public interest. Washington, D.C. The annual Conference provides legal Lipman, Coorworkers and law students with dinator for the New York State an opportunity to meet and Chapter of NARAL (National discuss legal issues specifically Abortion Rights Action affecting women. League) will speak Tuesday, After the Conference a lobMarch 8, at 6:15 p.m., at Hillel, bying day is scheduled for 40 Capen Boulevard, near the Monday, April 11. People who Main Street Campus. Ms. Lipplan to attend the conference man will speak on NARAL's and wish to lobby, should pre philosophy and activities. The register for the conference by speech will follow a dinner, March 15 which is scheduled for 5:30 * * * p.m. The charge for the dinner Association of is $3.50, and persons wishing to Women Law Students hear Ms. Lipman speak need Invites You to Celebrate not attend the dinner. International Women's Day NARAL Lisa State This year, the 14th National Conference on Women and the Law'wrif'btfhfeM April 7-10 in 5.8.A., Law Review members, about public interest careers, both sides during the three day extending the law school's con- Competition. tacts with public interest legal The Competition stresses agencies, contributing to the teamwork and flexibility, as provision of legal services in well as the sharpening of the community, and providing writing and advocacy skills. students with experience in Each team is provided with an public interest law. advisor from the Board. Short This year's Board is attemp- presentations are given on ting to inrease BPILP's ac- brief writing and oral tivities in order to expand and arguments. Because teams are further the purposes of the judged by local attorneys, organization. We are now competitors receive valuable gathering information about feedback on their perforcareers in public interest law mances and an opportunity to with the intention of making it meet members of the Buffalo available to interested legal community. students. This year, for thefirst In March of each year, the time, we hope to fund an in- U/B Moot Court Board hosts ternship in the N.Y. City area. the Albert R. Mugel National This should increase the Tax Competition. This internumber of students who will school Competition, which is have the opportunity to apply well attended by other law for an internship. In addition, schools from throughout the the contacts we make with East, presents questions of curagencies in the N.Y. City area rent legal issues in federal taxshould help to expand the ation. visibility of the U/B law school This year's final judging in the public interest legal panel was composed of judges community. who sit on the U.S. Tax Court, Students interested in work- U.S. Court of Claims, as well as ing in the area of public in- the judges from the Internal terest law are invited to attend Revenue Service, private law our meetings. firms and academia. In conjunction with its activities in the tax area, the Board is attempting to arrange for sessions of the 1964 Tax The activities of the Moot Court to be held at the law Court Board are directed school so that students may toward the improvement of ad- watch the court proceedings. vocacy skils both written and oral. Each semester the Board holds a competition on In the Public Interest is a campus in which briefs and oral arguments are judged by journal through which students the students and faculty, and past student contributors. Last year $2,200 was donated to BPLIP by the Erie County Bar Association. Students have been placed at Prisoner's Legal Services, Protection and Advocacy Services for the Developmentally Disabled, Legal Services for the Elderly, and Neighborhood Legal Services in Buffalo. Last year, one student worked with Legal Services in Rochester, N.Y., the first time a student was placed outside of the City of Buffalo. Each year, BPILP contacts local public interest law agencies, soliciting proposals for summer internships. The agency is asked to describe its program and the legal responsibilities and experiences that will be provided to a student intern. Students are placed at those agencies which seem best able to provide a structured, well-supervised summer experience. BPILP does not interview or select students for the summer internships. Each funded agency conducts its own selection process through Board members and local atthe law school placement of- torneys. fice. The Charles S. Desmond off the year there will be an In 1981, the program was in- Competition held in the fall alumni/student luncheon put corporated as a not-for-profit semester is open to all 2nd and 3rd year students. Current on by the Buffalo Alumni organization and received taxchapter. exempt status from the I.R.S. legal issues create the basis for Election of officers is com- This will provide tax benefits a problem distributed to coming up son. New members are to the organization as well as peting teams. Past issues have always welcome. Stop by and to individual contributors, and included chemical pollution, visit us at our office in 506 it will help to ensure the conti- surrogate motherhood, and O'Brian Hall for all the details. nuing existence of BPILP. The prisoners' rights. Each twoBoard of Directors is made up person team submits a brief for of five members: one represen- the side of its choice, although The Buffalo Public Interest tative from 5.8.A., one from it must be prepared to argue Bulletin Board AWLS In its first year. BPILP raised three thousand dollars which it used to fund summer internships for two law students at legal service agencies in Buffalo. Both the students and the agencies were enthusiastic about the program. The program has continued to fund two to four internships each summer since 1979. Contributions have been solicited from Come and See "World Feminists" (a video tape) 2 Showings March 8 12:30 4:00 Room2T4 Room 108' the Buffalo Law Review and three directors elected from the membership. Board members are not eligible for the summer internship program. The purpose of BPILP is to promote concern for and interest in public interest law. We attempt to do this by disseminating information Cap and Gown Info Caps, gowns and C. F.P.I. and professionals can explore and discuss the meaning and destiny of public interest law. It was not intended to be a legal periodical but rather a magazine which would explore legal issues by examining their historical, economic, and social context. The journal has become a voice for alternative viewpoints and presents an avenue for students to publish their writing in a style generally disdained by legal publications. Poll on Exam Policy S.B.A members have received numerous complaints about the recent changes in exam scheduling policies. It is the understanding of S.B.A. members that the administration intends to allow fewer scheduling exceptions in the future. The Student Bar Association, concerned with representing the interests of students, has decided to conduct an Opinion Poll. The following alternatives were generated at a recent Board meeting. In order to gauge student opinion the Student Bar Association requests that you fill out the following poll, selecting one of the five options presented. Please return the poll to either the Opinion Box in the mailroom or to the S.B.A. office in Room 101 O'Brian. Student ID Number Circle one of the following: tassels be ordered at the bookstore between March 1 and April 1. A $4.00 late fee will be required from those ■ 1. Unqualified open floating exam policy. ordering after April 1 but before April 7. Without excep- I 2. Qualified open/floating exam policy — in which those professors who are completely adverse to a floating exam policy tion (that means you, Ken would give their exams on designated days. It would be the ad| orders no be taken will Joyce), ministration's burden to assure that these exceptional non| after April 7. floating exams be spaced reasonably apart. The procedure might entail setting up a stated schedule and then permitting "i The third annual HONORS professors to "opt-out" of said schedule. CONVOCATION will be held on Thursday, March 17 at 1 ■ 3. Policy of flat rule anyone with two or more exams scheduled p.m. in the Moot Courtroom. 'I within two days has an automatic right to reschedule conflicting exams. More than 20 awards of certificates and cash or books will be given to honor students in ■ 4. Policy ofalternative dates each exam would be scheduled at a a primary stated date and one alternative date. last year's first and secondyear classes. All students and (see Dean Schlegel's memo which I 5. No change in present policmaterials). faSMlty are accompanied registration must — tend. — — tfflftitoH* .fttft0 | ■ ■ ! IJ j l J | a 3 �Social Security Should be Abolished Instead of discussing ways in which the Social Security system can remain viable, the government should be thinking in terms of abolishing the whole system. Based solely on the government's own statistics, the system is a failure. A new system should be developed with the emphasis on wealth redistribution to those older Americans who really need government assistance. Social Security, as established in 1935, was only supposed to be a supplement to the incomes of those Americans 65 and over. It was an insurance system. Since 1960,the government has been making Social Security more a primary source of income than a supplementary form of income. Such things as automatic cost of living adjustments and increased benefits have given present-day retirees a disproportionate amount of money relative to the amount of money that they paid into the system. Unfortunately, those Americans who are still working are paying ever increasing amounts and constantly being told that the system is going to be bankrupt by the time that they are ready to retire. Politicians are blind to the fact that Social Security is an antiquated system. Americans are living longer, and the population trends are skewed Margulis Memoriam On August 9, 1982, the law school community was saddened by the death of Dale Margulis of the Class of 1982. Among other accomplishments. Dale was instrumental in arranging the many activities surrounding commencement. To honor his contribution to the Law School and the community, a service award has been established in his name. This award includes a monetary consideration and will be presented annually at the graduation ceremony to a student who has contributed to fulfilling the needs of the school and the community. Individual students of the Class of 1983 as well as student organizations are encouraged to make their nominations of students thought deserving of the award. The name of the student as well as a one-page explanation of why s/he should receive it must be in Vivian Garcia's office by April 15. The final selection will be made by the deans. be a high concentration of people just above the poverty level in order for the average income level to be viable. Therefore, many peochanges in the system must be ple, particularly those older effectuated. However, Presi- Americans whose income dent Reagan, Speaker O'Neill, levels are above $25,000 do and Rep. Pepper (D-Fla.) seem not really need Social Security as a means of supplementing to be more interested in maintaining the "integrity" of the their income. Those at the current Social Security system poverty level should get more than with providing for the than the Social Security entitlement The system as it is needs of the elderly. The Department of Health presently structured should be and Human Services, which abolished and a system where controls the Social Security "needs" is the sole criteria Administration, recently should be established. published the following An alternative to the present statistics, the average day Social Security system household income of older would be a system that emAmericans is $12,628; 11% of phasizes needs. The Social older Americans have Security tax, with its limits on household income of over how much individuals should $25,000; and 25% of older contribute, must discontinue. Americans have household in- General taxes must be raised. come levels at or just above The government must, through the poverty level which is increased tax deductions for $4400. Based on these those who set up individual numbers, it is obvious that the retirement accounts and incenaverage income of $12,628 tives for businesses to set up does not represent the income pension plans, gradually phase of the "average" elderly out its entitlement program to household income. There is a those older Americans who do disproportionate number of not need to be helped. By givpeople at the bottom of the ing money to the elderly based scale than there is at the top of on "need," the government the scale. Since 25% of older would be eliminating the inAmericans are at the poverty come maximums established level, and 11% are above by Social Security, as well as $25,000, statistically there towards a decrease in the number of people being born each year. These two facts alone should indicate to our elected officials that basic will hold an OPEN HOUSE on Monday, March 21 from 5:30 p.m. to 7:30 p.m. in Room 118 O'Brian Hall ALL WELCOME Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. — l-'FOTO I. ILIL/fc: WORD PROCESSING Complete Editing Capability No need for retyping when editing drafts All Final Copy Printed on Rag Bond 16 Typestyles & Symbols to Choose From Printed to Look Like Typeset or Typewritten Experience in doing legal work Complete Resume Service Regetitive Work at Reduced Prices Personalized form letters mailing lists Related Services Provided -TYPING Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available All Work Guaranteed Whether you type or not, PROTO-TYPE can provide you with highest quality work that computer technology can provide. CALL PROTO-TYPE 833-3348 Ask For Randy 4 Opinion . New Waves THE GAY LAW STUDENTS ASSOCIATION j) must March 9, 1981 Commentary by David Allen Cass ceasing to disuade older Americans from working, in order to placate those Americans who have already paid into the system, the government can give that money back to those people through gradual income deducations on their taxes. The government would have to stagger this amount to take in- to consideration the different amounts paid into the system. At the present time, the government refuses to use its vast resources to intelligently deal with the Social Security problem. There are many reasons for this inaction. One in particular is the Social Security Administration. Any action that might diminish its power would be vehemently opposed by the Administration. Social Security in Washington means patronage. It is unfortunate that the politicians in this country refuse to deal with the Social Security problem. It has become a political tug-of-war where all .Americans are ending up in the mud. The socalled "Reagan-O'Neill compromise" does nothing substantively except prolong the collapse. Meanwhile, the older Americans, all seven million of them, who are at the poverty line, are on the grocery line buying dog food. StiffJud Mittin Returns by Weiksnar There'd be no school the so the other Sunday night I decided to head down to the Continental and check out Stiff Mittin. It'd been a while since I'd seen the band, and I'd heard they'd made some changes. In the past 18 months, they've added a new sax player, subtracted a keyboardist, and recorded a track on the Z9B album. For the most part, though, Stiff Mittin is still the same: a tight, energetic group that gets the crowd dancing in a hurry. They still play a good mix of polished cover tunes and decent original material. And the papers are still misspelling next day, "Mittin." The biggest surprise about Stiff Mittin, however, was their warm up band. The Lumens. Billing themselves as "Buffalo's Most Outrageous Power Pop Band," this group epitomizes the new wave of rock and roll. The Lumens were playing their first gig at the Continental, where the audience is known for its apathy, if not utter disdain, toward first performances. The Lumens held this crowed, though, and ti would be a big surprise if they didn't get a following and quick. With bands like The Edge getting a lot of media hype (one critic called them the next Rolling Stones, but I guess if you like the Stones' recent work you'd like The Edge), one can sense the frustration in a band like The Lumens, who really put something into their music, but had to wait six mon- ths to get a date at The Continental. I won't say The Lumens are the next Clash, there is a although resemblance. And if they keep up their outrageous power pop, they should become one of Buffalo's only bands that matter. Prison Law School Getting out of school and ning the Law an urgency that testing your legal wings is a school just can't match. One healthy and necessary ex- might tend to underestimate perience every once in a while. the insight that an inmate Prison is as good a place as could offer to a law student many. In fact some students until the student sits down at teaching Basic Legal Methods the table with a group of inmates and talks about the law. to inmates at Gowanda's newly opened medium security The class last Thursday night prison might tell you that their was filled with insight and experience "out" was better urgency. Students felt perhaps it is not all for naught; perhaps than healthy. is a need and a use for About 25 inmates attended there what' we are learning to do; and showed great enthusiasm perhaps we are learning to do about the class. The course is something. Inmates provided to designed impart basic skills much enthusiasm for the class of legal research and writing, and much appreciation for the yet many inmates were far efforts expended. more versed in legal logistics The class will continue for than one might suspect. the next seven weeks, and if Obviously being in the success and interest continues, prison system gives to one lear- again next semester. I_M �83 Days Left...BwutiIlM?Tahkeey photos by Rick Roberts M.rcth 9,it«81 ©pinion 5 �Sullivan Stumps for NFL Players Association continued from page 1 that prepares them for that kind of thing. The vast majority of professional athletes are not in that position. They generally get bad tax advice and are unprepared for life after football. OPINION: Did the press accurately present the issues of the strike? SULLIVAN: Absolutely not. I was terribly disappointed that the press did not understand the issues. They took off on this 55% of the gross ideas that the union had come up with but ignored other factors. As to the 55% idea, I think it was a good one. No other industry in America could get away with what the NFL gets away with. It is an absolute monopoly. The NFL took the position in the case out in Oakland, the Davis case, that they were a "unitary partnership," which is a term I never heard of before, that was not in competition. They argued that since they were not in competition with each other, they were therefore not subject to the antitrust laws. That argument runs the same as if Ford, GM, Chrysler and all the Japanese companies got together and said, "Look, we're all in this together, so why don't we set and set working standards for the people that are going to work for us, and then say we're not subject to antitrust laws because we're not in competition." Obviously a jury wouldn't buy that, and no jury has. There's not one time that I'm aware of where the NFL's system of doing business was put before a federal court, with scrutiny under the antitrust laws, where that system was not ruled violative of them. This is true of the common draft where 26 teams get together and say that a particular player is going to play for one team and one team only, and if he doesn't like it he doesn't apply his trade anywhere else. This is true of the standard player contract where you come in and say to a player, "You sign this conprices — tract and this contract alone." These are all antitrust violations. OPINION: Doesn't the NFL have an exemption from the antitrust laws? SULLIVAN: No. Pete Rozelle tried to get one and is still trying to get an exemption from the antitrust laws for this very reason: he knows that by law this system will not stand. Bills have been introduced which provide the NFL with retroactive exemption from the antitrust laws. One of the people behind the proposed legislation was Senator DeConcini (?) who's from Arizona, and of course Phoenix has been promised a franchise. Senator Baker from Tennessee was another strong supporter, and Memphis was also promised a franchise. I think that the press was inthat income is guaranteed for timidated five years at $13 to $16 million dollars per year in your pocket OPINION: Was there editorial before you even blow up a policy by the media not to football, why bother to win. cover certain aspects of the strike? OPINION: Is that guaranteed SULLIVAN: Oh, no. I just don't profit? think that the general reporter SULLIVAN:. No. That's covering professional football guaranteed income. But this understood the substantive about the profit. Most of the issues because he's not called teams play in subsidized upon to do that. He or she is stadiums with low rent; they called upon to report upon a know what their players' football game, to write stories salaries are ahead of time, so during the week as to which they can sell tickets and player has an injury, which charge for parking to cover players are playing well and those expenses. Remember, which aren't. But to get involvthis $13 to $16 million ed in these substantive issues he or she didn't want to do represents revenue apart from ticket sales. It's guaranteed that. They were unfamiliar TV. income whether or not with it and they covered it very they appear on T.V. The poorly. Baltimore Colts didn't win a game this year, but they got OPINION: But if they had the same amount of T.V. wanted to they surely could money as the Washington Redhave? skins did. On top of that, every time you buy a T-shirt or a pen- SULLIVAN: Oh, they could nant or some other souvenier, have a field day with the NFL. take a look at the tag on it it You know, I never would says NFL property. All the have gone on strike. I would teams in the league share the have counseled against the revenue from those sales. Now strike. there's no other industry in America that I know of that OPINION: Why is that? does that. SULLIVAN: Because the OPINION: How would the pro- owners needed the collective posed collective bargaining bargaining agreement much agreement have changed all more than the players did. Because, you see, the collecthat? tive bargaining agreement SULLIVAN. It wouldn't change gives the owners the right to it at all; as a matter of fact, it conduct a draft; the right to was the players waving the have a standard player conwhite flag saying "We sur- tract has given all those things render, your system is too back to the NFL which it lost in i good. We want a piece of that court. And one of the first system!" clauses in the proposed collecNow that infuriated the tive bargaining agreement was owners. The players weren't a no-strike clause which says trying to change the game at that the players will bring no all. When the owners said that actions under the antitrust the players proposal will ruin laws. football, why that was Absent a collective bargainbaloney! What the players ing agreement there is no way were doing was saying, "We any owner in the NFL can tell want a piece of this action; we John Elway which team he is know that free agency doesn't going to play for. Now, ask work." yourself a question: Elway is When, a player with the apparently a magnificent capabilities of Walter Payton, athlete. He has obviously the finest running back in foot- worked very hard during his ball, is a free agent, and life to become as good as'he is. nobody bids on him, that tells Say he's drafted by the you something. Why? Because Baltimore Colts in April. He each owner owns 1/28th of has to play for that team or he Walter Payton right now. They can't play at all. There is no ineach own 1/28th of every dustry in America which can player in the league. What dif- require you to do that. Why do ference does it make to any they get away with it? owner if he or she has Walter Payton playing in his or her In giving that up stadium. Alright? Because T.V. OPINION: and signing the collective is money guaranteed, why pay bargaining agreement, what Walter Payton a whole bunch players get? of money when winning or los- did the ing a game makes a minimal SULLIVAN: They get all the difference. things you get by being in a Most stadiums have a 55,000 union: representation and color 60,000 seating capacity. lective protection. For examBuffalo is unusual with an ple, people don't realize that 80,000 seat stadium. Most no such thing as a long there stadiums can get sold out with term is contract in professional mediocre teams. You're going football. Each professional to get 55,000 people at a proplayer signs a series of fessional football game on football one year contracts that run Sunday come hell or high from April Ist to March 30th, water. So, putting Payton in year by year. A player must there, and going 14 and 0, or 16 the team every year. He and 0, doesn't make a heck of make can get cut at any time. There a lot of difference. All it does is no such thing as a is increase the expense side guaranteed contract. You get where your revenue is already paid in 16 separate inknown. It won't put any more stallments. If the team cuts money in your pocket. And to you in week 8 you are not enme this is the aspect of the titled to the remaining 8 weeks game the press really didn't of your salary. Opinion ' ' 'March 9, year following an injury they are entitled to $50,000 or VS of their salary, whichever is less. Under the new collective bargaining agreement, you have the right to see your and believe it or not they had to bargain for this, which just own docboggled my mind tor. A team physician is an employee of the team, and, in my opinion, whether or not a player passes a physical is in general a business decision, not a medical one. Joe Namath never would have played in the NFL, nor would Dick Butkus, Roman Gabriel; or a whole — — — — . Getting back to your earlier question, in my opinion, the press never fully explained the system whereby there is absolutely no incentive to win. If you have a shared revenue system where every team gets the same amount of money from television no matter report. 6 OPINION: You mean there's SULLIVAN: That's right. A no point during the season at player would get paid in full which you become entitled to for the year up to the time he was injured. After that he'd get your entire salary? the bargained for benefit. And SULLIVAN: Absolutely not. after that he'd get nothing. Even it you play to week 15, Unless, of course, he you're not guaranteed the last negotiates on his own some paycheck. It used to be that if sort of injury protection you had an injury, say in 1982, clause. But, I can tell you that and you came back and failed there ain't much negotiating the physical for 1983, you that goes on! You see, that would end up with nothing. As goes back to the 55% the a result of the collective players wanted. Right now the bargaining agreement, the players have no negotiating players have an injury protec- power, and that's why the want to pay tion clause, so that during the players whether you win or lose, and 1981 ' themselves. I don't like to negotiate for the players because I want to negotiate where I have an equal footing. There's no equal footing for a player its a take it or leave it deal. Where's he going to go? Canada? Of course not? — OPINION: Of the 100 top paid professional athletes, isn't ittrue that only three are football players? SULLIVAN: Yes,,only two or three are professional football players, and there is no sport in bunch of other people who America that generates the were stars in the league, if their dollars that pro football does. physical condition was based Just look at the television conon a medical evaluation alone. tract. None of them would have ever The players argument was that they produced the most played. Now, for the first time, dollars, and generate the most under the collective bargain- fan interest. They asked, "Why ing agreement, the NFL do we get paid the least?" Now recognizes a player's right to there is something wrong, and get his own medical opinion. I I'll tell you want it is its the was in daily touch with the system by which the NFL people doing the negotiating operates. The owners got so over this contract, and they upset not because the players would tell me these things, and wanted to change the system, I would say, "The players are but because they wanted to entitled to that by the laws of become part of it. New York. You can't prevent The union basically said: someone from seeing their "Your form of socialism is pretown doctor." ty darn good. You got a good Most players are afraid to do thing going, and we want a part that because you get branded of it." All these great as a trouble maker or an outcapitalists, all these guys that sider if you insist on your scream about the American rights. And they way the consystem and about free comtract is set up, they'll just be petition, why, they're all cut. socialists when it comes to their own business. Why? OPINION: So, if a player Because their brand of comes along who is a bona fide socialism has put an awful lot star, and he signs four 1-year of money into their pockets. contracts, then gets a severe And the fan takes it!! knee injury during his first year, never to play again, does OPINION: The fans don't seem he get to collect on any of to complain about the money those contracts? people in the entertainment industry, even television SULLIVAN: No. Except for the newscasting, are being paid. — injury protection clause of the collective bargaining agree- ment. OPINION: And that's for one year? SULLIVAN: That's right. And those people don't put their personal physical condition on the line, day after day, where in one instant by mere accident, a player's career is ended. Commencement News ' SENIOR PORTRAITS: Senior protraits will be taken from March 15 through March 18, during the hours of 8:30—3:30, in the Jury Room. Sign up sheets for appointments will be posted in the mail room. There is a $5.00 sitting fee, but every student who sits will be given a free composite of the class. Don't forget to sign up!! CAPS, GOWNS, HOODS AND TASSLES: Order them at the bookstore from March 1 April 1. After April 1 there will be a late charge THIS WILL BE THE ONLY AN- NOUNCEMENT!!! — ANNOUNCEMENTS/INVITATIONS: Announcements can be ordered at the bookstore. There will be no formal graduation tickets. However, invitations will be available, compliments of the Administration, sometime in April. �They Once Made Steel In Lackawanna, Right? by Mike Reilly moveable units of their Scranton plant, but also decided to design a plant from the ground up on a scale of operations of such magnitude that it eclips- Editor's note: Mike Reilly grew up in South Buffalo and worked at the Bethlehem Steel plant in 1969-1970. Some of the ed any construction ever atinformation in this article is tempted in the steelmaking taken from The History of field. Lackawanna published by the On May 29, 1900 the-first Lackawanaa Bicentennial Comcontractor arrived on the site mission (1976). with 250 men to begin cleaning the land for the new mill. It was labeled as the "Eighth Wonder of the World." The first steel was produced on OcOn December 17, 1982 the tober 29, 1903. Buffalo Evening News headline In 1904 the magazine Iron read "Bethlehem To Cease Age described this new mill as Steelmaking In Lackawanna". "the greatest individual steel If you were out of town during plant in the world." This plant the semester break, or even if "was truly a pioneering effort you are a local resident, you which caught the imagination may have wondered about the not only of the steel industry importance of this "coming but fired the imagination of all event." How important is one who saw its unfolding more plant closing in a city success." where hardly a month goes by Some of the innovative prowithout the announcement of cesses of this complex includanother major shutdown? ed "the first regenerative coke This shutdown is particular- ovens, the first utilization of ly significant because it in- blast furnace gas to generate volves a corporation which is electric power and the first apone of America's most imporplictions of electrical energy tant, and because it involves a to tasks previously done by product which is the very base steam or hydraulic power." of an industrial society. At the turn of the century Bethlehem is not a marginal most of the area that is now corporation unable to weather Lackawanna was then known a slack economic period and as "Limestone Hill" and was its product is certainly not a part of West Seneca. speculative new innovation. Limestone Hill was a rural Perhaps it is in America's village with a population of apsteeltowns that we can most proximately 300. clearly see the changes that Although Limestone Hill was are coming. In cities like an excellent location for a Chicago the effects of a steel steel mill it was a poor one for shutdown may be more diluted a town. The land to the west of and less recognizable because the turnpike was occupied by of its large diversified the mills and the land to the economy and workforce. But east of the turnpike was split in in steeltowns like Weirton, half by a series of railroad lines Youngstown, Johnstown, or which ran south from Buffalo. Lackawanna, the effects of a Even the land in between these steel shutdown can be stark two boundaries was split with and devastating. two sections by -a central It is the relationship of this swamp of stagnent water. giant steelmaker to the people The development of of the City of Lackawanna Lackawanna as a community which makes this shutdown so has always been hindered by important. And in a larger these physical restraints. The sense, the people of Lackawanarea between the turnpike and na are but the proxies for the the railroad tracks is the first rest of us. ward and has traditionally been the area where the newest immigrants have setA New Town Is Built If one were to stand on top tled. of the Father Baker Bridge and Lackawanna always held the view this huge industrial site promise of upward mobility one might well wonder what for the children of blue collar the story was behind the plant workers. This was achieved which was now headed for ex- literally by "crossing the tinction. From this vantage tracks" to the more prosperous point, if one were able to second and third wards. These travel back in time to the turn were the newer areas of the of the century, he or she would town and more removed from see a very different picture. the clouds of red dust and Looking south, he or she black smoke which were the would see a rectangular strip by-product of steelmaking. of land bounded on the west The City of Scranton not onby Lake Erie and on the east by ly contributed part of its steel the Lake Shore Road (now mill, but many of the workers Route 5). This property, once who helped construct the new "part swamp land with low facilities and later stayed to meadows and sand dunes," work at the plant hailed from was transformed from a quiet that town. Many of these agricultural setting into a workers were Irish and they beehive of industrial construc- became known as the "Scrantion at the turn of the the centon Irish." The workforce was tury. also composed of the newly arIn 1899 a Scranton, Penn- rived immigrants from Poland, sylvania company, the Hungary, Italy and the Slavic Lackawanna Iron and Coal countries of Eastern Europe. Company, decided to construct a new modern steel mill Making Steel here. The Lackawanna Iron Lackawanna was an exlocation for the new Coal decided cellent management and not onry to relocate the plant and was typical of the . , many mills which were springing up around the Great Lakes. As land was readily available, the plant eventually came to cover 1600 acres along a 3.5 mile stretch of lakefront. Iron ore to feed the new blast furnaces was also plentiful. This ore came from the open pit mines of the Mesabi Range in Northern Minnesota Once this high grade ore was mined it was loaded into the cargo holds of Great Lake steamships, and carried to the mills at the southern eand eastern ends of the Lakes. Another necessary component of steelmaking was coal, which was readily available in the mines of Ohio and Pennsylvania. This coal was shipped in over the network of railroads which served Buffalo. At that time the Queen City was a center of railroad activity and was interconnected to other cities by one of the most extensive networks of roads in the country. This transportation network also enabled the Lackawanna Iron and Coal Co. to market its products over a wide area of the United States. (Lackawanna also possessed an abundant supply of another essential ingredient for steelmaking water as it requires eighty tons of water to produce an ingot ton of steel.) In 1909 Limestone Hill's population had grown to 15,000and it was incorporated as a city. As a sign of the relationship between the citizens and the steel company, they named their new city — "Lackawanna." In October — 1922 the Bethlehem Steel Company bought the plant from the Lackwanna Iron and Coal Co. This was part of a trend by some of the smaller indepen- dent steel companies to improve their competitive position against the giant of the industry, U.S. Steel. Bethlehem became the second largest producer of steel in the country and the Lackawanna facilities consisted of ten coke oven batteries, nine blast furnaces, four besemer convertors, 24 open hearth furnaces, ten rolling mills and a fabricating shop. The remnants of these facilities are still visible along the lakefront today. Remaining blast furnaces can be seen at the Hanna Furnace Company, directly across from Gate 1 of Bethlehem Steel and on the left sideof the Father Baker Bridge as you cross the Canal. These are large steel vessels which are about 90 feet high and twenty feet in diameter. The basic ingredients of steel, iron ore, limestone and coke, fed into the top of these giant vessels and are brought to a boil. This effects the reduction of these elements into the basic ingredient of steel, pig iron. The pig iron is next sent to the open hearth where the iron is reheated in huge pots which hold up to 300 tons of metal. The iron is "cooked" for eight to ten hours until it emerges as white hot steel. From here the steel goes to one of the rolling mills which reduces the ingots or billets into the various finished shapes — Ihe Bethlehem Steel Plant as seen from Ward. photo by lim Kreuzer Lackawanna's First and forms. These include round and square bars, rails, structural forms and various types of sheetsteel. 1965. During the late 60's jobs were plentiful. For an eighteen year old who didn't want to go on to college, there was always The Mill Is Organized and a "the plant." At that time it was War Is Fought standard practice for a boy who had just turned 18 to show In 1936 the first representative of SWOC, the Steel up at the employment office Workers Organizing Commit- with his father. Almost tee (CIO), came to Lackawanna everyone knew someone at the to lay the groundwork for colplant and if your "in" was lective bargaining. These were especially good they would ask Depression days in Lackawanyou what department you na as in the rest of the country. wanted. However, there were If the company discovered exceptions; if you were black it that a man was a union wasn't necessary to ask which member it meant immediate department you wanted; discharge. Even against this management seemed to know threat the young, restless to which departments you steelworkers signed the SWOC belonged: generally the most cards. hazardous. On February 26, 1941 a sucCollege students were cessful strike action forced the welcomed and many were company to agree to an NLRB hired to work the summers. election. By now the trickle of This provided pocket money membership had become a for the students and a potenflood and the SWOC was cer- tial stream of technical and tified as the bargaining agent managerial personnel for the on May 15,1941. plant's future. During WWII the LackawanAssess to the plant was na plant became a key point of limited to 3 or 4 major routes America's wartime industrial due to the railroads, and the production. During this period Canal which surrounded it. it produced 13 million tons of During shift change these steel and employed 22,000 roads looked like the Indianapolis 500, as close to workers. Another element was added 10,000 workers changed to the plant during the war places. The plant operated 24 women came to work hours a day every day of the years in the plant. With a workforce year and the shifts changed at which was greatly depleted 7 a.m., 3 p.m., and 11 p.m. If any day was represendue to enlistments in the armed forces, the women enabled tative of life in a steeltown it the plant to maintain the was Friday. On Friday morning record levels of steel produc- the men and women would hit tion needed for the war effort. the lockerooms with a little more enthusiasm in anticipation of payday. The Prosperous Years During the 19505, employAlthough the taverns ment at the Bethlehem Plant was steady and was the couldn't legally open until 8 backbone of a primary metal a.m. you always knew of one industry which employed over close by which had the back 37,000 people in the Buffalo door open when the graveyard area. When you worked at shift ended at 7 a.m. Because Bethlehem Steel you simply of the number of employees, called it "the plant" because these bars would be filled to everyone knew which factory capacity by 7:30 a.m. The taverns were located along you meant. By the late 60's "the Plant" Route 5 near Gates 3 and 4, was booming again, with and dotted the length of Ridge employment over 20,000. Steel Road. They catered to a the was also being made by newer specific clientele and more efficient methods steelworker. The bartender's than the old open hearth idea of a "mixed drink" was to add ginger ale to a glass of system. Previously it took 8 hours to whiskey. Although these bars were "cook" 300 tons of pig iron and turn it into steel. The new small and plain, they might go Basic Oxygen Frunace (8.0.F.) through more money in one could now "cook" 300 tons in shift change than some 45 minutes. This accelerated businesses did in a month. The process was accomplished by process of shift change would the introduction of an oxygen be repeated two more times lance which shot pure oxygen during the day, at 3 p.m. and at into the 300 ton pot of molten 11 p.m. pig iron. This oxygen lance, which creates a great roar and a blinding flash of light, In part 2 of this article, the ushered in the modern steel author will discuss the decline mill. Two of these 8.0.F. of steelmaking in Lackawanna. vessels were activated in 1964 and a third was activated in — — < March 9, 1983 Opinion 7 �Women & The Law Conference Explores Options by Mary Ellen Berger vironment for personal and professional growth. Mayer On Thursday evening, also handles environmental February 24, the Women Law and labor lawsuits in which Students Association spon- New York State is plaintiff, and sored a panel discussion by is constantly trying to develop three alumnae of U/B Law who new areas of jurisdiction on related their career ex- behalf of her "client." periences, strategies, and sucBeaufort Wilbern (U/B Law cesses. The speakers were '76) next addressed the auShelley Mayer of the New York dience gathered in the O'Brian State Attorney General's Of- Faculty Lounge. Wilbern fice, Beaufort Wilbern of Legal outlined differences between Services for the Elderly, and public interest and "tradiRose Sconiers of the Legal Aid tional" firms, pointing out that Society. many of the former are victims First speaker was Shelley of Reagan Administration funMayer (U/B Law 79), who exding cutbacks. In assessing the plained in depth the trials and advantages of working in an tribulations of her practice of agency situation, Wilbern law. Presently employed in a stated that her primary con"unique job" of asserting the cern is not in garnering clients State's rights in civil rights suits or gathering fees, but in deala job .previously reserved ing with the "human factors" primarily for administrative of health and housing rights lost in administrative agencies within the State Mayer lauded Attorney scrambles. The last speaker was Rose General Abrams' office as a supportive and challenging enSconiers (U/B Law '73), Ex- — — S_llc — mm,Wt _»l»»-- assignment and by slowly developing the well-founded selfproWilbern addressed Aid Society of Buffalo. one's in Sconiers related her views on blem of "burn-out" among confidence the role of women in the legal female practitioners and advis- capabilities. Many othe provocative and profession and the skills which ed, "You must learn to strucso informative only topics were and give women must teach themselves ture yourself much to your client, but discussed, including how to in order to succeed professionally. A dynamic and witty without becoming callous." balance the demands of speaker, Sconiers narrated Mayer supported this notion motherhood with professional several particularly relevant and suggested that the woman growth and how to effectively experiences in and out of the attorney learn when not to "network" with other women courtroom which reinforced identify with clients so as to lawyers and professionals. Future panel presentations her assertions that "women fall maintain a positive, assertive of emoare scheduled for Thursday, the face short of the political savvy and demeanor in strategizing skills held by men tional clients and demanding March 10 at 3:30 p.m. and Thursday, March 24 at 5:30 judges. in job situations." There emerged from the On the issue of developing p.m., both in Room 545. Also panel discussion and question career strategy skills, Sconiers of upcoming interest is a film period which followed a comadvised that "Women, scheduled on Wednesday, mon theme: women learning to especially in the 1980's, must March 8, in celebration of Insurvive in the male legal assume more leadership roles, ternational Women's Day. culture. All three guest at- run for office, and coalesce torneys emphasized that together." Sconiers recomwomen law students must mends that women rise to the learn to be much more asser- challenges presented by male tive than ever before, but not colleagues' attitudes and lose those traits of sensitivity assumptions by always being continued from page 1 and intuitiveness so vital to fully prepared for all possible than to go to their own state successfully meeting clients' exigencies of particular work law school." The dean also argues that the current tuition premium paid by law students over and above normal graduation tuition lacks any justification, ecutive Director for the Legal needs. Tuition... Marino-josephson/BRC 71 BROADWAY, 17th FLOOR. NEW YORK. NY 10006.212/344-6180 Dear New York and New Jersey 1984 and 1985 Law Graduates: You can save money now on the cost of your 1984 or 1985 bar review course, AND receive special study aids to help you during law school, if you enroll in one of our courses at this time. No other course offers the services that Josephson BRC (in New York, Marino-Josephson/ BRC) does, and we want you to know about them. For only a $50 bar review course deposit, with no further payment until the spring of 1984 or 1985, you receive these benefits immediately: 1. 2. FREEZE YOUR BRC COURSE TUITION AT CURRENT PRICES: A $150 special discount is currently in effect for non-seniors. FREE OUTLINES: In New a special precourse volume of 10 outlines, for use in law school classes now, is yours to keep— no exchange required—(and your newly revised bar materials are issued in your senior year) In New York, your $50 deposit gets you a complete set of BRC New York outlines. These outlines cover 30 subject areas. Jersey, . 3. "HOW TO TAKE LAW SCHOOL EXAMS" LECTURE: Recorded on audio cassette by Professor Michael Josephson. Professor Josephson is Chairperson of the Teaching Methods Section of the Association of American Law Schools (AALS), and a renowned lecturer nationally on the subject of successful exam taking. 4. DISCOUNTS ON BOOKS AND TAPES: CES, an affiliate of BRC, publishes the Sum & Substance of Law books, Essential Principle, of Law books and produces the Sum _T~Substance cassette tape library series. You receive, after your enrollment in BRC, a 10% discount on any such purchases from a BRC regional office. Enroll now at a significant savings, and let us help you during law school, as well as through the bar exam. We're on your side, and we are here to help every step of the way. If you have any questions, please contact a campus representative or our Eastern Regional Office (212-344-6180). We wish you every success during law school and in your legal career. /, XVI \__s____V >* ~"j«"»*Sffi-iii [Bl P.S. John Audick » Esc .Eastern Regional Director Josephson BRC and Marino-Josephson/BRC This offer is of limited duration, so act now! and recommends that the premium be eliminated, or that the extra funds paid be reflected in special treatment for the law school in terms of faculty salaries, staff support and library resources. The dean contended that the tuition premium is not justified by the argument that a law degree enhances earning power, because initial salaries for U/B graduates are probably not much different than those earned by students with masters degrees from engineering, business and computer science where tuition rates are lower. Dean Headrick also stated that a tuition premium is not justified by the cost of legal education, since educa- tional costs for students at the law school are lower than for students system-wide. Discussing the impact a tuition hike would have on finan- cial aid, Financial Aid advisor Joe Ruh said that perhaps the hardest hit group would be married students whose spouses earn over $30,000 per year In the case of these students, although tuition would go up, they would still not be eligible for any aid except ALAS loans, which require that a 12 percent interest rate be paid while the student is attending school. Aid or loan eligibility for most students would be correspondingly increased if tuition were raised, however. Students receiving full TAP and SUSTA awards will still receive an amount large enough to cover the increase, while some students who have not gotten aid in the past due to their parents income may find themselves eligible for a GSL loan as the overall cost of education is increasing while their resources have remained the same. One bright note in the budget is that SUSTA is not threatened with elimination, for the first time in several years as Joe Ruh noted. Commenting on the inclusion of SUSTA in this year's budget the dean concluded, "If we get the tuition problem under control, we should be in reasonably good shape in keeping ' - '' students financially able to attend 'tfie1 school. 8 "OfrlWrcVn 'WitM4)i463 r �Resisters' Loans Threatened Editor's Note: the following student's record," and it is sugtwo articles first appeared in gested that Selective SerThe Nation, February 19, 1983. vice number his "be made a part of the required information on by David Corn the financial aid transcript." Predictably, the "The message is simple: No amendment has Solomon registration, no money." So widespread criticism drawn within said Secretary of Education the academic community. "I T.H. Bell at a press conference can't think of any body of on January 21 at which he an- higher education that is supnounced proposed regulations portive of this," says Al denying Federal financial aid Somberg of the American to college students who fail to Association of University Proregister for the draft. But Bell's fessors, which represents comment could as easily have 80,000 faculty members. The been referring to the Reagan American Council on EducaAdministration's master plan tion, the National Association for insuring compliance with of Student Financial Aid Adthe draft registration law. ministrators, the New York With the Justice Department State Association of Financial stymied in its attempts to en- Aid Administrators, The force registration in the courts, Massachusetts Association of the Administration, with the Financial Aid Administrators, help of Congress, had adopted the Association of Catholic a new strategy to force Colleges and Universities, the recalcitrant young men to United States Student Associamake that trip to the post of- tion and several colleges, infice; cutting off Federal cluding Swarthmore, Earlham, assistance to all those who Haverford — each a Quaker decline to register. The open- institution and the Universiing gun in this campaign was ty of Michigan, have expressed the Solomon amendment to opposition to the amendment. the Military Selective Service Financial aid officers have Act (named after Represencomplained of the rule's added tative Gerald Solomon of New burden of paperwork, while York), which prohibits Federal David Fraser, president of tuition aid to nonregistered Swarthmore, has expressed a students. concern, shared by other Solomon attached his educators, that colleges are amendment to the 1983 "being put in the role of being Defense Department Ap- a policeman." The University of Minnesota propriation Act last July. Then he attached a similar amend- and Macalester College in St. ment to the Job Training PartPaul have filed amicus curiae nership Act, a $2.8 billion pro- briefs in a suit challenging the gram that provides vocational amendment's constitutionality training for 1 million disadvan- originally brought by the Mintaged youths and adults. This nesota Public Interest amendment passed the House Research Group. (A Federal without any debate. "We slip- District Court judge ruled that ped it in by voice vote," boasts the MP IRC did not have Gary Holmes, Solomon's ex»— legal standing to sue; the Minecutive assistant. The Senate nesota Civil Liberties Union, approved a similar measure, which had joined the and Senate and House con- M.P.I.R.G. as a plaintiff, is conferees later agreed tb a version tinuing the suit. The M.P.I.R.G. close to the one that passed has brought a new suit with the House. Regulations im- three unnamed students as plementing the amendment plaintiffs.) The complaint will be issued by the Depart- charges that the Solomon ment of Labor shortly. amendment violates the Fifth Solomon, who is closely at- Amendment guarantee against tuned ideologically to Ronald self-incrimination. It further Reagan, is not content merely charges that the law is a bill of to deny nonregistrants student attainder, that it inflicts aid and job training. If he has punishment without due prohis way, they would be barred cess of law and that it from receiving other forms of discriminates on the basis of Federal aid as well. According sex, age, income (since to Holmes, Solomon is now students who do not receive considering measures that financial aid will not be afwould deny food stamps, hous- fected) and race (since the efing loans and passports to fects of a widespread denial of young men whofail to register. financial aid will fall on "We are looking wherever disproportionately there is a substantial amount minorities). Finally, the plainof money and support given to tiffs contend that the Solomon people of that registration-age amendment violates the Privacy Act of 1974 by requircategory," says Holmes. So far only the student aid ing the Department of Educameasure has received much at- tion to collect information that tention in the press. Under its is not necessary to the perforthe provisions, about 2.5 million mance of its lawful task male students who receive distribution of financial aid Guaranteed Student Loans, and to pass this information Pell Crants, work-study along to another agency, the assistance and all other Title Selective Service System. DeciIV financial aid must provide sions on the suits, now being written proof that they have I heard by the U.S. District Court registered in order to receive for the District of Minnesota, aid in the 1983-84 academic are expected sometime this year. And under the Depart- i month. A number of schools have ment of Education's proposed law, asked the M.P.I.R.G. for inforthe rules implementing / colleges must have such proof i mation about the suit, sugin order to process financial- i gesting that they are in symaid requests. They "must make | pathy with it. But the imporproof of the student's registra- I tant question for nonregistered tion compliance a part pf the s#vdfnt;,ist .wiJl.s?rjQ«.lj.tria.t * i WANr j^b oppose the amendment dig into their own pockets to make up the money they will lose? Earlham has announced that it may extend financial assistance to students who are ... . President A. Bartlett Giamatti of Yale has pointed out that Yale has a twentyyear-old policy of providing aid to needy students and that anyone denied Federal assistance is thus eligible for aid from the university. But Steve Kezerian, assistant director of public information at Yale, notes that loans from the university have higher interest rates v than Federal loans. — Although it is too early to estimate the cost to the school, Kezerian says, "If a number of students are denied Federal assistance, it will certainly cost the university more. We will have to draw on our f~F (h wf"^! rSJ (P\ /WD I fteAuy MCAIO IT.' denied Federal aid, and the University of California is also considering doing so. Swarthmore president Fraser thinks that "the college ought to replace lost Federal aid." Swarthmore is now looking into ways of doing that, including subsidizing interest rates, establishing a special fund for students denied Federal aid and increasing financial aid appropriations. Is own resources." At schools where antiregistration sentiment is high, such as the University of California at counseled that they have nothing to worry about. You should stand up for what you believe in, but don't worry. Berkeley, the additionaj finan- You won't get hurt. Once they cial burden could be con- realize the government is siderable. serious and that they may sufAnd so, thwarted in its ef- fer penalties for their civil forts to punish nonregistrants disobedience, they may decide in the courts, the Administra- it is not really important for tion intends to hurt some of them to take this stand." The them ih their pocketbooks. As message is indeed a simple was the case during the Vietone, and Representative nam War, the financially disad- Solomon and the Administravantaged will be the main vic- tion believe they have found tims. the right way to deliver it. "We're really hoping this will drastically raise the rate of David Corn is associate editor registration," says Holmes. of Nuclear Times. Research "There have been a lot of non- assistance was provided by registrants who have been josh Dienstag. Judge Foils Justice Dept's Attempt at Selective Prosecution the same as the chances that he will be struck by lightning." In a handwritten note on the back of the letter, Kline added that it was essential that the by Elizabeth Poe Kerby government have an active prosecution program under From the beginning, the way/ or well in development Wayte case was extraordinary, state," before launching what particularly the behavior of the Justice Department has the Department of Justice at- called "passive enforcement" torneys. During the pretrial i.e., prosecuting just those hearings in Federal District who have publicly opposed Court in Los Angeles last registration. When prosecution September, Judge Terry Hatter of the thirteen began last sumJr. ruled that unless the govern- mer, no such program was in ment proved otherwise, he place. would be compelled to find Rather than attempt to that David Wayte had been refute this evidence, the targeted for prosecution government's strategy seemed because of his public criticism to be to get the Wayte case out of draft registration, as the of Hatter's court as fast as defense claimed. Such a pro- possible in the hope that it secution would violate his would have better luck on apright to freedom of speech peal. This eagerness was so apunder the First Amendment to parent that Hatter was moved to question whether the the Constitution. The government could not government attorneys had disprove the selective prosecu- come to his court "in good tion charge. Indeed, Justice faith." Not only did the government Department documents relating to the decision to pro- have a skeptical judge on its secute nonregistrants, which hands; it was also up against a the government submitted in well-prepared team of defense the pretrial hearings, seemed lawyers, headed by William G. Smith, a Los Angeles attorney to establish that the prosecution was selective. who has specialized in draft For example, there was a let- cases from the time of the ter drafted by David Kline of Vietnam War. He was backed the criminal division of the by eight attorneys and four law possibly the most Justice Department for his students boss. Assistant Attorney formidable array of legal General D. Lowell Jensen. The talent ever mustered in a draft letter, dated March 2, 1982, case. In the pretrial discovery proand addressed to Herbert C. Puscheck of the Selective Ser- ceedings Hatter ordered the government to produce all vice System, warned that prosecuting only opponents of documents pertaining to the registration raised constitu- decision to prosecute tional problems. "With the pre- nonregistrants. But the governsent universe of hundreds of ment supplied only Justice thousands of non-registrants," Department letters and Kline wrote, "the chances that memorandums that were a quiet non-registrant will be heavily expurgated. In a letter prosecuted j_.probably.about of-response to J4atter.'s order, - — —— — . the department said that his "appetite for more and more irrelevant disclosure of sensitive information has become insatiable." Upon reading this. Hatter observed with quiet anger that he had never before heard such language addressed to a court. James Reynolds of the Justice Department's criminal division made no effort to mollify Hatter, telling the judge that his discovery orders were "unfathomable." Eventually, some unexpurgated materials were turned over, though the government lawyers demanded that he guarantee that the papers would not be stolen from his chambers. Hatter had ordered the government to produce in court documents relating to high-level White House meetings at which the prosecution of nonregistrants had been discussed. But on November 3, Assistant U.S. Attorney Richard Romero refused to do so under a blanket claim of executive privilege. Romero also declined to allow Presidential counselor Edwin Meese 3d, who was a key figure in the deliberations, to testify. In an affidavit. White House chief of staff James Baker extended the claim of executive privilege to all policy papers and to the report of the President's Military Manpower Task Force. (A copy of the report was released on October 26 by Draft Action, an anti-draft group, and it failed to support President Reagan's claim that the task force had recommended registration as a way to "save" six to eight weeks in the event of a military mobilization.) Hatter protested at one point that the government semed to be claiming that excontinued on page 10 ■ &**.&s** ,/rW9" 9 �Selective Prosecution ecutive privilege applied to a Story about a meeting of the task force that had appeared in Ihe Washington Post. The justice Department attorneys Ignored the court's demands ihat they justify the claim of executive privilege. "They rtteated Hatter as a non-judge >sbd the hearings as non|fo_iings/' said Mark Rosen 9>um of the American Civil Union, who was one jfifc Wayte's attorneys "They hoping for other decisions liberties - 4h other cases that will isolate •Stodge Hatter." jl "Because of the gjjnyemment's refusal to supply Sjfhfte House documents, Hat- in a blistering thirty-seven *page opinion, dismissed the itharges against Wayte as "the appropriate sanction for the government's recalcitrance." « Hatter said that the Depart inent of Justice should have been responsible for deciding which nonregistrants would be prosecuted, and noted that the selection should have been made from lists of nonregistrants supplied by the Selective Service System. But in this case he wrote ~';- ft is clear... that agencies other A than Selective Service and the 7 Department of Justice have <f been involved in the decisions. A nexus has been established '7-'between the White House, 7 ' through Edwin Meese 111, Selec live Service, and the Department of Justice... Numerous documents disclosed to the defendant by the Government . indicate. White House interest in the prosecution of nonThe involvement of Mr. Meese an<J>-the Task registrants. Force in prosecutorial policy decisions creates a strong inference of impropriety ( with regard to the government's motive in seeking the prosecution of this defendant and others similarly situated... It strains credulity to believe that the investigative agencies of our government, especially the FBI, could not locate any non-vocal non-registrants. The inference is strong that the Government could locate them, but chose not t0... The Justice Department's prosecutive policy is designed that only persons who are most adamant in theirrefusal to register will be prosecuted... The inference is manifest that the defendanthas been singled out for prosecution because he exercised his First Amendment right to free speech... It is apparent to this court that Mr. Meese was most prominently involved in theentire process of impermissible selective prosecution. . The list of officials involved in the prosecutive policy con- cerning non-registrants begins with Mr. Meese and other White House staff, continues with the Task Force, the Secretary of Defense, theDirector of the Office of Management and Budget, the White House National Security Advisor, the chairman of the Joint Chiefsof Staff, and theDirector of Selective Service. Finally, charged Hatter, the government knew about the constitutional problems with the passive enforcement program but nonetheless "chose to implement it." -* Hatter found another flaw in the government's case. He ruled that President Carter's proclamation on the draft was il- continued from page 9 legal because the required thirty-day waiting period for public comment was not observed. This was not a minor breach, said Hatter, given that the proclamation established criminal liability for noncompliance. Even though Selective Service has mailed thousands of letters to suspected nonregistrants warning them of the possibility of prosecution, in light of the Wayte decision and the ruling in the case of Russell Martin of Cedar Falls, lowa, in which the indictment was found to be flawed, such action is unlikely. "Everybody knows they are bluffing," attorney Smith says. "There may be a few more indictments for failure to register in out-of-theway places, but I don't expect the government to start arry large number of cases until the Wayte matter is settled." The government has appealed in both the Wayte and Martin cases. But as the report of the Military Manpower Task Force stated, the enlistment rate id the all-volunteer armed forces has been so high that a peacetime draft is not likely until at least 1987. By that time, the thirteen nonregistrants will be well beyond draft age. The total number of men who have not registered has reached 550,000 and the rate of compliance fell from 93 percent in 1981 to 84 percent in 1982. Last summer the polling firm of Yankelovich, Skelty and White surveyed a selected sample of nonregistrants in — students have a "generally anti-military and antiConnecticut. The study found registration posture, and the that among poor blacks and belief that there is an implicit others who are alienated from linkage between registration, society, registration represents the draft, and U.S. military exploitation by "the system." adventurism around the And those classified as antiwar world." "intellectuals" predominantly white college Elizabeth Pie Kerby was formerly on the staff of Time Atlanta, Chicago. New York, San Francisco and Stamford, - Commencement Activities (1) Dinner Dance. This year's dinner dance (Celebration!) will be held at the Sheraton-East in Cheektowaga on Saturday, April 9. It will be an evening filled with music, dancing, good food, good drinks, and good company. There will be a full-course buffet, dinner and a four-hour open bar. Music will be by "WhirlhY Disc Sound" of Williamsville. Tickets will be on sale in midMarch (Entertainment cardholders will be entitled to A $4.00 discount!) Everyone is invited watch for further details (2) Picnic. The Commencement Committee is planning a picnic for the class during graduation week, provided enough funds have been raised. (3) Night before graduation party. On May 21, the class will be sponsoring a cocktail party for the graduates, their families, the faculty, and the administration. More details on the time and — place cOming 500n.... CANDY BARS: The senior class is still selling chocolate crunch bars for $.50 each to raise money for graduation activities. Any volunteers to sell (or if you want to buy), please contact: Mark Reisman, No. ? Marsha Koretzky, No. 709 Priscilla Corkrey, No 623 Helene Hamlin, No. 678 MOVIE TICKETS: Movie passes to all General Cinema Theatres are available for $2.50 to all holders of a law school entertainment car (a $1.50 savings off the regular admission price). The purchase of 7 movie passes makes up the price of the entertainment card. Purchase passes from: Dan Sperrazza, No. 556 Joe Mcßride, No. ? Priscilla Corkrey, No. 623 John Hart, No. 680 CELEBRATION! CELEBRATION! The Law School Dinner Dance for 1983 Open Bar Full Buffet Music Dancing, at the Sheraton-East I Saturday, April 9 6:30 p.m. to 1:00 a.m. Watch for further details! . . __. 10 _i_n - -_■ i »«« »»»<-r""'i.<. I" ri_*»* M ■• «»-«.». - .. .»^»«,>»».»».--m—*~**m~.mm mm - -■■»■__ ..j. - . -- . it �- . —~ " ' ' l-i-___^«^lV^___^i^-^-V_^--__^_H__^---i__Pi_p_P»i^-_ii-_--l___^li__BWK__-__^V__--____^_V-^ 1 , "^^^^^^^^^^™SKE_______ss_H___!_______!__^^s____________s_____^_ W MPRE Course will be offered! Sunday, March 10th at 6 p.m. Tuesday, March 15th at 6 p.m. (thereafter available in A.V. office) Younger CPLR Course First 2 hours are FREE (available in A.V.) Info at DAR/DRI Table (ib hours in oil) DISCOUNT EXTENDED UNTIL MARCH 01st. Don't risk your future on unknowns. DAR/DRI is the PROVEN review course in New York State. Our dramatic growth reflects the success of our enrollees. ■ i Ask us the reasons why. March,*, ym,,^OpinkmVc( 11 �Indians and Padres?? Baseball Sets for '83 Campaign of Surprises .>,>_*' by Lou Roper Each year, spring marks a new beginning. Most importantly, it marks a new beginning for baseball. Every year at this time, the major league (and American League) nines flock to their spring training bases in Florida and Arizona with the sole intention, excepting the champion, of erasing the failures of last season by getting a head start on greater glory in the new. At the same time, fans of teams like the Cubs and Red Sox, perhaps affected by the warmer weather, express the sincere view that this is their year. This, even though these franchises have gone 75 and 65 years respectively without winning the World Series. Perhaps more realistically, supporters of the Yankees and Dodgers, with a trace of annoyance, announce that they expect their heroes to return to the forefront and crush the upstart Brewers and Braves. And how the hell did St. Louis win it all? The purpose of this exercise is to separate the contenders from the pretenders for your edification. To remove the rose-colored glasses from your nose and let you see how the pennant races will really shape up, barring accident, if you will. Pitching, as Cornelius McGillucuddy once said, is about 70 per cent of the game and in the American League East this makes Cleveland the team to beat. Cleveland has nine pitchers with major league experience on a staff topped by a healthy Bert Blylevan, fireballer Len Barker and Rick Sutcliffe. The Tribe will give promising lefthander Neal Heaton a chance to make the rotation. The Indians can support their staff with some quality hitters, including Andre Thornton, Toby Harrah, a healthy Bake Mcßride and Manny Trillo. Trillo and centerfielder Rick Manning help make Cleveland strong defensively up the middle. George Vukovich, Broderick Perkins and Alan Bannister give new manager Mike Ferraro good depth and some room for maneuvering if need be. Cleveland will come out on top if heralded young shortstop Julio Franco lives' up to his notices and catcher Chris Bando can bounce back from a disappointing season. A good start will also help the cause. Although Baltimore also has pitching, it is short in other departments and will watch the surprising Toronto Blue Jays leapfrog into second place. The Jays boast a strong, young, starting rotation of Dave Stieb, Jim Clancy, Luis Leal and Mike Morgan (unwisely donated by the Yankees). The only problem here is that Toronto does not possess a quality lefthander. The Blue Jays will also field an interesting team. It will have lots of speed, starting with Dave Collins and shortstop Alfredo Griffin, and will have power in the form of first baseman Willie Upshaw (a very promising player) and DH Cliff Johnson. Catching and third base are manned by unspectacular, but solid, performer*. In short, the Jays mov be" able to run against Pitt- be a radical and root for the but they played solid ball last Parcish, easily the best in the sburgh or Montreal. Plus, the O'Malleys?) The only thing year under Bobby Cox and can league in every department. other teams will be waiting for that stopped the Padres from not have many name players, for Detroit is catcher Lance only look to improve with ad- Boston will hit a lot of home ditions_j like Collins, Morgan runs, strike out frequently and and Johnson. They have no hit into a lot of double plays. In other words, a typical year. glaring weaknesses. Before moving on to the NaBaltimore has a strong starLeague, a few words tional ting staff, assuming that Jim Palmer marches on with Scott about the AL West. Here, the choice is between McGregor, Dennis Martinez and Mike Flanagan. Sammy an unspectacular team (Kansas Stewart and Tippy Martinez City), a geriatric ward (Califorwill be called upon if the nia), and a team that has troustarters falter. However, after ble catching the ball (Chicago). that, new manager Joe Since there is no way that the Altobelli's cupboard is bare. Angels can get the years they Storm Davis won 8 games got out of the likes of Geoff down the stretch for the Zahn, Steve Renko, Bruce Orioles last season and he will Kison and Dave Goltz that have to show the same stuff they got last season, they will not repeat (especially if Bobby this year. Even more importantly, Grich and/or Doug DeCinces Baltimore has no discernible get hurt, as they have been third baseman on its roster. Ap- prone to do). parently, rookie Leo HerThe White Sox just are not nandez has the inside track, but he batted only 202 times in an impressive team. They do Triple A last year. One thing have some good starting pitthat Baltimore does have on its chers, notably Britt Burns, roster is an Eddie Murray. Floyd Bannister and Lamarr The defending East champs, Hoyt. However, Vance Law is the Milwaukee Brewers, will not a major-league shortstop apparently miss Rollie Fingers and Rudy Law is not a majorfor an extended period this league centerfielder. season. Coupled with a still That leaves Kansas City by uncertain pitching staff (even default. with Don Sutton for a full year) No paper will be wasted on and a shaky defense (expect the other teams in the division rivals to run wild on the (Oakland only has one quality Brewers this season), this infielder, for crying out loud). means that that powerful In the National League East, lineup will not be enough to look,for the Pirates to edge out lift Milwaukee to a repeat of Montreal for the title. Pittslast year's triumph. burgh will win for the followThe Yankees will be next. If ing reasons: Pena, Thompson, they can settle down and give Ray, Madlock, Easier, Lacy, themselves some idea of what Parker. These are hitters who they are doing, they could very hit anything and everything well finish higher. However, thrown up to the plate (but like Baltimore, they have a prefer fastballs) and they hit it glaring hole at third base hard. The Pirates also added by (please don't tell me that a subtracting the overrated 38-year-old who hit .232 last Omar Moreno. Although Lee season will fill the bill) and Mazzilli cannot throw parshortstop is shaky (Roy ticularly well, he is an adeSmalley has trouble bending quate flychaser (he will also over for grounders). Also, pit- benefit from the potent Bucching depth is questionable for caneer lineup). Without the Pinstripes. Roger Erickson, Moreno, the Pirates will have Bob Shirley and Doyle Alexno batters that can be overander might be able to break a whelmed by enemy pitchers. Other pluses for Pittsburgh pane of glass between them, but I don't think they will win are the steady shortstopping of Dale Berra (one of the most im10 games as a trio. New York does possess a proved players in the league) good outfield (including Steve and a revived pitching staff Kemp's defensive liabilities) headed by Don Robinson, John and two fine lefthanders in Candelaria and Rick Rhoden, Ron Guidry and Dave Righetti supported by Rod Scurry and (unless they send him to Col- Kent Tekulve. Also, no one will umbus). Shane Rawley is run with impunity againt Pena. somewhat promising. Willie Montreal will contend, but Randolph is a smooth per- not win. The Expos doubleformer, but injury-prone (there play combination, or lack is no replacement if Andre thereof, will be their Achilles Robertson plays shortstop or heel. Chris Speier is a terrible can't hit big-league pitching). player and Montreal failed to In addition. Rich Gossage is find anyone who could play secoming off of a farily serious cond base last season. Also, arm injury. If he cannot go at the Expos don't have a quality full tilt, it seems doubtful that lefthander on their staff. sinkerballs George Frazier and St. Louis will finish third. The Dale Murray (a bum with the "genius" Herzog (how can Mets) can shoulder the burden. anyone call the man who tradDetroit and Boston will ed away the best catcher in I refer to Terry bring up the rear. Actually, baseball neither of these are bad teams. Kennedy on San Diego for However, they are mediocre in essentially nothing, be called a comparison to the other teams. "genius"?) is in for a surprise if Each possesses two pitchers of he thinks his bunch of banjo quality (Detroit has Jack Mor- hitters can contend with the ris and Dan Petry, Boston has sluggers on Pittsburgh and Bob Stanley and John Tudor) Montreal. The Cards' pitching with some support and a lot of is a bit better than the other question marks. The staffs are teams (they have the redoubdefinitely the worst in the divitable Bruce Sutter) and they play solid defense. However, sion. Detroit is a bit better defen- they are a decent,team and no sively and is younger. Boston more. Their speed is their key has more punch. Th* big edge e*f_n.ive a-sset, but they won't — them this year. Look for the Cubs to make a big improvement this year. They have a solid performer at every positron, provided their rookie centerfielder, Mcl Hall, comes through as expected. Hitters like Bill Buckner, Leon Durham, Keith Moreland, and Ron Cey are the kind that put the fear of God into pitchers. Chicago is a little bit short on pitching. They did pick up lefthander Steve Trout from the White Sox. He could prove a good acquisition if he can straighten out. Classy veteran Ferguson Jenkins will have to lead to way again. Philadelphia will have a long season. They have only two batters with punch, Mike Schmidt and Gary Matthews. In addition, they have centerfield problem. They want to replace the aging Garry Maddox with youngster Rob Dernier. Unfortunately, Dernier had problems with National League pitching last year. The Phillies expect big things from Yon Hayes, who will probably play right field. However, Hayes cost them the best secondbaseman in baseball, Manny Trillo. Joe Morgan will be an adequate replacement, but he will not be a Trillo. Trillo's departure may have an adverse affect on shortstop Ivan DeJesus. When winning last season was a shortage at first base. They remedied this problem by singing Steve Garvey. San Diego is solid everywhere and spectacular at catcher (the aforementioned Kennedy) and shortstop (Garry Templeton). power They also have a strong pitching staff led by Tim Lollar, Eric Show, Ed Whitson (acquired from Cleveland) and John Montefusco. Luis DeLeon, Gary Lucas and Floyd Chiffer head the bullpen. The Dodgers have solid pitching, too, which will keep them in the race to the bitter end. However, they are a bit young to win. Pedro Guerrero will move to third base to replace Cey and make room for Mike Marshall in the outfield. Rookie Greg Brock replaces Garvey at first base. These moves should succeed immediately (both Marshall and Brock appear ready to graduate to Los Angeles), but it could take a year or two for these players to fully adjust. Atlanta will fall to third. The Braves are shorter on pitching than San Diego and Los Angeles are and their manager has less idea of how to run a pitching staff than any other manager in baseball. They do have Dale Murphy and Bob Homer who will provide plenty of punch. Atlanta also needs outfielder. they were on the Cubs and ,another The division will be rounded to Trillo was dealt out by San Francisco, CincinPhiladelphia, DeJesus' batting nati and Houston. The Giants average plummeted to .195. didn't belong in the race last Finally, Philadelphia year and, without Morgan and possesses only two quality pit- Reggie Smith (gone to Japan) chers, Steve Carlton (admitted- this year, will be hard-pressed ly one of the best to ever take to repeat last season's perforthe mount) and Al Holland. mance. Houston has good The Phillies are also aging. defense and Ray Knight but litI am physically unable to tle else. Cincinnati has some discuss the Mets. hard-throwers in Mario Soto, In the West, look for the San Bruce Berenyi, Brad Lesley and Diego Padres to win their firstBen Hayes. They also have the ever division championship to incomparable Dave Concepthe distress of the editor of this cion. Unfortunately, that's esteemed journal (how can you about it. photos by I. Pfeffer I Volleyball Lives While Volleyballer Tracy Kassman comments on her team's chances of winning the championship,... — I;-, PttoJUtWt MY P» ■■*•». tiditiorml strategies ' 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-03-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bc124a311790c5709f6a8044914319b6.pdf 20f51084ca44156b951f90a9724bdf58 PDF Text Text THE OPINION Feb 23,1983 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Vol. 23:9 UB Team To Travel To Pittsburgh For Jessup Moot Court Tourney by Mike Reilly On March 5 and 6, four students from U/B Law will be competing in the 1983 Jessup Moot Court Competition in Pittsburgh, Pennsylvania. The team includes Kurt Amend, Mary Ellen Berger, Jeff Johnson, and Chrys Vergos. The Jessup Competition involves questions of interna- law and requires teams Photo by E. Pfeffer tional of students from each comfessup competitors Mary Ellen Berger and Kurt Amend. mimmmmmmH^mmmmmm^^^^^mmmmmwmimßmm*^n^^mK^^^^^^^^m_ww\-_____m Law Business Is Touted So you want to "fly solo" in the practice of law? February 10, noted Buffalo attorney John Condon of Condon, LaTona and Klingensmith offered students some down-toearth advice on dealing with clients and receiving sufficient remuneration for their efforts. Condon was the first speaker in a series of presentations sponsored by the Law School Career Development Office and the Erie County Bar Association. For the next five Thursdays, the practical problems in obtaining and managing a successful law practice will be discussed by local attorneys at one o'clock in Room 108. Future lectures will focus mosphere, and creating an environment where the client torney and client must be peting law school to research, law schools from 25 other draft, and orally defend countries have entered teams memorials responsive to the in this year's Jessup Competiissues posed in a common tion. The winners of the hypothetical problem, or com- regional competitions within promis. the U.S. will go to Washington, This year's problem involves DC. on April 11-13 for the a landlocked country, Belterre, semi-final round, and the final and its right of access through round will be held there also the neighboring country of on April 14. Richmond. Belterre's right of U/B this year is represented access is guaranteed by a trea- by a team which is not only inty with Richmond, but the trea- terested in international law, ty is revoked due to a threatenbut which also has a good deal ed infestation of "dreadfly" of international experience. caused by the transport of Kurt Amend spent one year in Belterre's citrus fruit through Germanywhile growing up and Richmond. Finally, there is a later studied German in high round of economic sanctions school. At Lawrence University which are taken by each coun- (Wisconsin), he learned Rustry against the other. The sian and received a B.A. in issues presented include treaty Government and Slavic Jaw and interpretation, the languages, writing his thesis on blocking of assets, economic Soviet policymaking. During self-help, and the extrater- college, Kurt spent 15 weeks of ritorial effects of state action. one summer travelling Mary Ellen and Chrys will be throughout Europe, including representing the state of a 5-week tour of the Soviet Belterre (Respondent), and Union. Kurt and Jeff will represent Kurt will be arguing the treaRichmond (Applicant). ty issue for Richmond. After U/B's team will argue twice graduation he would like to as Applicant and twice as pursue a career in corporate or Respondent against four dif- commercial law, involving ferent teams. The scores from himself in international trade. the briefs and the oral As for going to Pittsburgh, Kurt arguments will be combined to said his only regret is that "the determine the winner of these opening day for the Pirates is contests for the East Central still two months away." )eff Johnson did his Region of the National Division Jessup. The other schools undergraduate work at the competing in Pittsburgh and University of Colorado at representing the East Central Boulder, where he studied Region include: Case Western history. He spent his junior University, Villanova Universiyear studying abroad; in 1979 ty, University of Pennsylvania, he travelled to Lancaster, Temple University, Wayne England to study history and State (Ml) University, Detroit literature at Lancaster UniverCollege of Law, University of sity. In the Competition, Jeff Pittsburgh, Duquesne Universi- will be representing Richmond ty, University of Michigan, and on the issue of blocking assets. He is currently studying RusCleveland Marshall. Duquesne is .hosting this sian and is interested in a year's regional rounds and will career in international be one of U/B's opponents. Ac- business. He said he felt bad cording to Jeff, "It will be fun about not participating in this rehashing the Bills-Steelers year's Law Revue, which is game with the Duquesne team scheduled for the same presented to the client. The atfeels relaxed and the attorney torney should explain the risks can get to know the human be" involved In certain actions. not just the legal prob- Both the lawyer and the client ing lem. have certain "veto" powers. Attorney-client communicaThe greatest mistake a lawyer tion was also stressed by Concan make is to allow his or don. The attorney should in- herself to be used as a "prop" form the client as to every when the client plans the event in the case, and why cer- strategy of the case. tain actions are being taken. It Finally, Condon approached is the lawyer's job to make his the "sticky" subject of fees. or her advice clear to the client There are a variety of ways to to create a "mutuality of set fees on a contingency, understanding." The lawyer percentage, or hourly rate, or must actively work to relieve value basis. Again, it is importhe fear or tension a client may tant not to have a set rule; be experiencing in connection however, it is always important with the case. This may entail to fully explain the bill to the explaining the media, advising client. Satisfying the client, on systems, fee-setting and colthe client as to his or her ap- and giving him/her his/her lecting, time management, pearance, and even showing moneys worth does not equipment and building a law the courtroom to the client necessarily entail undercutting before the trial. The speaker fees. If there is a dispute, ifs library. _. In introductory remarks, suggested that a lawyer knows best to submit the problem to Michael Brown of the Erie that he or she is in trouble ABA arbitration. By avoiding routine and emCounty Bar Association Law when a client feels compelled Office Management Commit- to telephone the lawyer to in- phasizing discussion with the tee indicated that the greatest quire as to the progress of the client, the attorney can generate a successful and barrier to a successful practice case. The distinct roles of at respected practice. may not concern the lawyer's ability as a practitioner, but the difficulty jn handling administrative details. A flexible attitude is needed in order to run a successful practice. by Lisa Kandel Condon stressed the need Two new courses have been for flexibility in pointing out With little discussion and added to next year's curthat the rule of thumb in client even less debate, the riculum for Section Three. before the round." continued on page 4 relationships is not to have any Over 120 U.S. schools and 50 Academic Policy and Program Natural Resources Administrarules. Procedures may be approved tion and Regulation and ComCommittee varied in order to accommodate a certain client or Schlegel's recommended pro- parative Constitutional Law gram for U/B Law's next enter- will be taught by Errol situation.-What works for one ing class, according to student Meidinger and Guyora Binder, attorney may not be aprespectively. member Rick Roberts. propriate for his or her colA number of changes were Also, next year's first year league, he said. most notably, the class will have only one Law in made According to Condon, the crucial, yet frequently reinstitution of the four-course Context class in contrast to the overlooked proposition is that load (not including Research two currently being taken this year. and Writing). it is the client that is the lifeTo achieve course integraThe Academic Policy and blood of any successful praction, still seen as the ad- Program Committee is comtice. A happy client is the best ministration's primary goal, a posed of Schlegel, Dean advertisement a firm can-have. bi-weekly non-credit discus- Headrick, Professors Berger, All too often the practitioner sion was proposed. Dur- Kaplan, Katz, Meidinger, and class an "event" may forget how big ing each such class, a professor Miller and students Sandra going to see the lawyer may be teaching in the section would!! Blitz, Sue Kozinn, Scott Nadel, for an individual. A successful examine a single topic that and Rick Roberts. lawyer remembers that he or cuts across several fields. In a and acts professional, she is this way, it is hoped that Editor's note: The Opinion accordingly. When meeting a students will appreciate the in- welcomes letters from first-year translates down to client, this of subjects students regarding their present Photo by E Pfeffer terrelationship presenting a well-organized atwithin the legal profession. curriculum. Ben Zuffranieri and Wayne Cradl are prepared for foes ot all kinds in next week's Mugel Tax Moot Court Competition here at U/B. — , — . — 1st-Year Curriculum . Taxing Competition — �President's Corner Vol. 23, No. 9 More Fees and Cutbacks. discussed. Wednesday,February 23,1983 ter writing campaign is likely Editor-in-Chief Earl R. Pfeffer Managing Editor Glenn Frank News Editor: Ray Stilwell Mary Ellen Berger Feature Editor: Gary Games Photo Editor: Arts Editor: John Stegmayer Business Manager. Frank Bolz Staff: David Allen Cass, Wendy Cohen, Lisa Kandel, Michael McGorry, Jill Paperno, Amy Ruth Tobol, by Jill Paperno I'm sure that you've all heard rumors of the tuition increases expected for next year. According to Doctor Sample, the State Department of Budget has included a $250.00 increase for State University students. This increase will not, however, affect personnel cuts anticipated throughout the SUNY system. In order to reduce the number of expected employee layoffs an additional $250.00 increase per student has been considered by SUNY Presidents. Other possibilities being discussed by the University Presidents have been elimination of one of the SUNY campuses, or elimination of departments deemed less necessary. Dr. Sample noted that cuts have been made in all State agencies, with the exception of police and prisons. Protest has begun against the tuition hike. A let- Jud Weiksnar Contributors: Mary O'Connell, Mike Reilly © Copyright IW3, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. * Editorial '' to follow. I'll try to keep you informed of the situation. Another issue involving increases in student costs was partially settled last week. The Student Union referendum, which proposed a student funded union, was soundly defeated. According to the ballot counters there were 1782 votes in favor of a student-funded union and 3529 opposed to such a union. Of the 3529 Nays, over 1500 were ballots which were marked with a Circled X. The Circled X intended to note that despite an objection to student funding of the union, the voter supported construction of a student union. I met last week withother student government presidents to discuss future plans for a union. These plans would supplement the student activity building already under construction. Options suggested included reallocating space in the building already under construction (possibly removing the bowling alleys, for example); reallocating space in an academic building, and using it for offices and lounges; and redesigning Capen, Norton and Talbert as a Student Union. Plans for Main Street Campus are also being The Student Bar Association has voted to assist in paying for a law school basketball team to compete in Western New England School of Law's annual basketball tournament. We wish them luck. Others interested in athletic competition should submit their volleyball rosters to Mailbox No. 661. All rosters should include at least three men and three women, with at least ten members required for each team. Also in the sports department, twenty-three students signed up for the ski-trip. If you have questions about that see Brian Collins. I would like to congratulate Distinguished Visitors Forum on its success in getting- attorney Charles Garry as its Spring semester speaker. More information on the speaker to follow. Other committees, such as the Placement Committee, also have Spring events planned. For more information, see your S.B.A. representatives. Finally, if your S.B.A. funded organization has not submitted an article to The Opinion by this issue, please make sure to write for the next Opinion. This is required by By-4aw 13 tb receive funding. Letter to the Editor Gay Students Organizing Last fall, 20 million Americans had the opportunity to register their opinions on a nuclear freeze in the most ex- tensive referendum in U.S. history. In 28 of the 30 localities in which a vote was held, a freeze was favored and 58% of those voting supported the halt of nuclear proliferation. In the wake of this electoral showing and massive organizing, which resulted in freeze petitions signed by 2.3 million people and a June demonstration in New York City attended by almost one million people, a freeze resolution was introducted in the House of Representatives. It lost by a mere 2 votes, 204 to 202. The November elections are believed to have added 30 new proponents of some sort of freeze initiative. Despite the massive display of public support for the freeze and the apparent support it has in the House, true substantive change in our country's nuclear policy is not on the horizon. While the MX missle may have received a fatal blow in last month's funding rejection, plans to produce Pershing II missiles, B-1 bombers, stealth bombers, Trident II missiles, neutron bombs, and Cruise missiles plunge ahead. Moreover, appropriations bills which severely reduce military spending have been soundly defeated and the administration is on a public relations campaign to link the peace movement with soviet subversion. In a recent New York Times Magazine article. Defense Secreary Weinberger said that the Soviet Union represents.a danger greater than did Nazi Cermany. The Opinion believes that it is critically important that we discuss and debate the issue of rearmament versus disarmament, instead of relying on the likes of Time Magazine to establish the contours and limits of the debate for us. We have decided to publish a special issue of Tbe Opinion this April devoted entirely to the question of military spending, with a special emphasis on nuclear war. We are announcing the publication of this special issue now because we want people of all viewpoints to take an active part in its creation. We want pro-military positions to be expressed, as well as the anti-nuclear and pro-freeze positions. Only out of free debate of the issues can people make informed decisions about U.S. policy. We do not believe the bulk of American publications offers the range of viewpoints and open discussion which we are contemplating. Please submit letters, articles, or clippings on any issue related to the military and the arms race which you would like published in the planned special edition. Any material pertaining to international and domestic law will be especially newsworthy, but the publication will not be limited to legal discussions. Please give serious thought to contributing to this issue, and ask anyone you know, in the University or outside it, to contribute as well. id-l-t m »l ,ll :■« i» i<t hl>: i " • V iter /a JWgii* •*+*«(' February 23, 1983 Opinion 2 ' . Dear Editor, * I am writing to The Opinion on behalf of the Gay Law Students Organization (GLSO) in order to inform the student body of our goals and pur activities. GLSO was chartered last fall by SBA to serve three stated purposes: first, to encourage all gay law students to develop themselves as persons and as contributing members of the Law School community; second, to promote legal research on issues connected with gay rights; and third, to educate all interested non-gay persons at the Law School by providing information on legal and non-legal issues relevant to the gay community. Gay people, as a minority, are in some ways different from other minorities. We are probably more invisible and more diffuse than any other minority group. The similarities, however, are important. In a society with a single set of social norms, where the individual is allowed few choices about personal development, there really are no minorities, only Normals, in their socially assigned roles, and Outcasts. When a group begins to develop a minority "consciousness" then that group builds alternative norms which make choices possible. I think the process for all minorities includes some of this redefinition and choicemaking. All those who find inherent value in social diversity applaud these new explorations. But many people find differences threatening. Bigotry means looking down on people or harrassing them because are different. These roadblocks in the way of diversity must be overcome; a freer they strange some folks' idiosyncracies may seem to some peo- Last semester GLSO cosponsored the Tuesday Night ple. Personal freedom in all Events program with U/B's Gay aspects of life means less and Lesbian Alliance. Included wasted potential. It offers the in the series were a showing of best possible protection the movie Word is Out, a against the totalitarianism that presentation by the Buffalo our society's rhetoric rejects. Women's Oral History Project on lesbianism in Buffalo in the Those of us currently involv- 30's, 40's, and 50's, a games ed in GLSO are out of the night, and discussion meetings. closet in, different degrees. An all SUNY gay conference Scott Smith has found the ex- held in Oneonta was attended perience of forming an by Scott Smith as GLSO's organization to be very representative. Workshops positive. He says he is glad to were held at the conference, lose the reticence that he felt including "Legal Rights of as a totally in-the-closet law Gays and Lesbians" and "Gay student. I, personally, have Men and the "Feminist Movebeen active in the gay move- ment." GLSO also sponsored ment in the past. My resume the talk by local attorney (and my law school applica- William Gardner on "Constitutions) include my gay comtional Law and Gay Rights." Plans for the Spring munity activities. Others of us want to remain more semester include a lecanonymous. Though law is a ture/discussion event with a conservative profession, it is reception following. This event not in the dark ages. The point is tentatively planned for April is, you do not have to spend and a speaker of national your whole law school career reputation is being sought. We also plan to get underway in in strict secrecy. Stereotypes are lies which compiling historical and curcan be shattered only by being rent materials on gay legal out in the open. We have a issues. right to be who we are. Our office is in room 118 Through communication and {across from the purple pit) growing understanding of which we share with the Naourselves, we can become able tional Lawyers' Guild and to be non-conforming (in a other Law School organizapublic or private way) with tions. The phone for all respect to norms'. But, beyond organizations in the office is this political statement, there 636-2161. The GLSO desk will is something very important be staffed Tuesday, Wednesthat we as gay people can do day, and Thursday from 3:30 to for each other. And that is, to 5:30 p.m. All gay men and lesbecome involved in network- bians, as well as others ining. Networking means terested in the issues coneverything from making one nected with gay rights, are enfriend, to feeling part of a couraged to stop in and visit group, to being part of an "oldus. That's why we are there. A gay" network. Networking pro- calendar of informal discusvides the current benefit of sions and social events will friendships which can support develop as the semester pro- us in developing our academic grasses and will be posted in and professional potential, and the office. Ilaine A. Smith for the the future benefit of contacts , . tnai7tf-__|iie« which may 'help career-wi.e . 11 "€*y __*_rd<ttflts Orgihizatidn �J.D. Announcements . symposium for international study at 1 p.m. on Thursday, Feb. 24 in the firstfloor lounge. The Buffalo Law Review Tnere will be representations wishes to announce a general °f seventeen law schools' promeeting for all first year grams which offer legal study students interested in par- and employment in 30 foreign ticipating in the Spring cities. Veterans of some of Casenote Competition. The these programs will be in attenmeeting will be held on dance to answer inquiries conWednesday, March 9 at 3:30 ceming their programs, living pm in Room 106. In addition to accommodations/ the econdiscussing details of the omy of train travel or even the Competition, appropriate sun screen for the Casenote members will also briefly Cote d'Azur. Refreshments will discuss the functions of the be served, but the Society will Law Review and the duties of unfortunately be unable to its traditional its members. All first year serve students are encouraged to at- refreshments, vodka and LctW KCVIGW tend. The Buffalo Law Review is a professional journal published three times a year by students of the Law School. Its purpose is to select and publish significant student and professional -contributions to legal *" 52"f** t II Q It is possible to supplement our law school's diverse curriculum and receive credit while studying torts in Paris, in- ternational finance in Tokyo, international public law in Tel Aviv or human rights in Warsaw or Moscow. The U/B International Law Society will present its first 1. The first chapter meeting of the National Lawyers' Guild of this semester will be held on Friday, February 25, 1983 at 2 pm in the first floor lounge of O'Brian Hall. The following issues will be discussed: a. The Guild suit against the FBI b. First Annual Testimonial Dinner '-" c. Research project concerning public control of Bethlehem Steel d. Up-coming films and speakers dividual fundraising. National addressing Professor. Leary's seminar on International Human Rights in Room 212. Room 118 O'Brian Hall now Lawyers' Guild: San Francisco Bay Area Chapter, 558 Capp Street, San Francisco, Calif. 94110. ATTENTION: Central America Task Force. houses four law school organizations. Current office 4. On Thursday, February 24 hours: at 2:30 pm. Dr. A.J. Wilson will speak on the ethnic conflict in National Lawyers Guild Sri Lanka. Dr. Wilson is a Tuesdays 10 am 5 pm leading constitutional law exFridays 10 am 4 pm pert and is Chair of the political science department Cay Law Students' Association Tuesday, Wednesday, at the University of New Thursday 3:30 pm 5:30 Brunswick,. Canada. He has been actively involved in the pm mediation of the ethnic conAll groups can be reached at flict in Sri Lanka, and will be 636-2161. —— — All are invited to attend. 2. The Politics of Law, a "provocative and unsettling pickles.collection of critical essays by the most original legal thinkers CD A of our day" (including essays U/\ by Professors Alan Freeman __. and Betty Mensch) are now 6 V<T work, as well as to address available for sale at $8.00 per T"" dent B r Ass j!"8 the StHouse copy in the Guild office (118 Chapter of the issues of tantamount imporThe Buffalo t,on a Council, °." National Lawyers' Guild is | tance to law, but not covered u"'ve«'ty committee should O'Brian). « 3. i The National' Lawyers comparatively young. In 1974,! in the Buffalo Law School curj P«P«no.(lkw No. Guild will be sending a fact Guild members from across riculum. 177)™k *reek. finding mission of six legal tbe country came to Buffalo to Currently, our major focus is workers various defend prisoners accused of to provide speakers and films to Any student interested in parrefugee camps Guatemalan in participating in the 1971 Attica of interest to the legal comticipating in the planning and team prison rebellion. In the pro- munity in Buffalo. We are infinding Mexico. The fact design of student activity vestigating the possibility of space should contact Jill will visit the camps in the late cess, a Guild chapter was formbeginning a variety of projects for Attica trials endSpring Applications 1983. ed. After the (Box Paperno No. 177) this geared towards providing serthe trip are available from the | ed, the chapter continued. wcclc The Buffalo Guild strives to vices and/or information to law Bay Area Chapter of the NLG at the address below. Bilingual provide a forum where all students, lawyers and others _.»_.#■ _-> ability and familiarty with the members of the legal com- within the community. We ensituation in Central America is munity can get to know one courage input and welcome all The first of three "career desirable. The duration of the another and discuss political- suggestions. If you are inpanel" presentations spon- mission will be between five legal issues of importance to terested in beginning a Guild sored by the Association of days and a week. Approximate us. For those of us who are law project, or working with the Women Law Students will be cost is between $600-5700. students, the Guild provides an Guild in any capacity, drop us held at 5:30 p.m., Feb. 24 in the Each member of the mission opportunity to do progressive a note in Room 118. fifth floor faculty lounge. will be responsible for in- . literature. All candidates must submit a casenote to be considered for Law Review Update From the Lawyers' Guild " .* '" - NLG Policy .-oc,a"" : AVV LS ' Cuban Immigrants in Constitutional Limbo by David Allen Cass deemed hardened criminals. It seems that Mr. Castro had In the Spring of 1980, Presi- given an ultimatum to his dent Carter responded to the prisoners: leave Cuba or be cries of Cubans seeking locked up forever. Most chose political asylum at the Peru- to-leave. vian Embassy in Havana by Upon arriving to the United proclaiming that he would States, nearly all ofthe Cubans welcome all "those fleeing were ecstatic to be out of Mr. communism" with "open Castro's dictatorship, and were arms." Fidel Castro, apexpeditiously processed and preciating. Mr. Carter's given over to either family generosity, proceeded to open members or sponsors. Some the port of Mariel for were taken to U.S. detention thousands to board boats in centers for processing. what became known as the While being processed by "freedom flotilla". The boats N the immigration officials, it eventually brought 127,000 became evident to them that Cubans to the snores of the amongst the detainees existed United States. some hardened criminals. Mr. Carter, not thinking that Once ft was determined who in his proclamation would be in- fact was a criminal, or terpreted literally, was quite undesirable, the U.S. Immigrastunned when he realized that tion officials proceeded to Mr. Castro was not only sen- lock them up. Of the 8,000 ding "regular" Cubans to the criminals that Mr. Castro perUnited States, dissidents and suaded to come to the United thesewho had family here, but State*, approximately 1.100 still considered abo those who had been •re . "dangerous" and are being held in the Atlanta penitentiary. Usually, in a situation where immigrants are considered "dangerous", the country that has taken the immigrants sends them back to the country that they migrated from. Mr. Castro has refused to take these or any Cubans back. Mr. Roberto, ia high ranking Immigration official has said that, "The Cubans are in a legal state of limbo. They have physically entered this country, but are classified as 'excludable aliens'. Legally, they do not exist." The detained Cubans, expressing a sincere desire to be let out of the "foreign jail", have initiated what is apparently one of the largest class-action suits ofthis type in history. The suit argues that the U.S. government cannot hold Cubans in prison indefinitely and that, in effect. even illegal immigrants of this have constitutional rights. The official government response, as enunciated by Mr. Roberto, is that the Immigration officials.have the authority to detain any and all immigrants whom the Attorney General believes are a danger to society. Under that response, some concede that technically the Cubans might not ever be let out of the prison. In effect then, the government is admitting to the fact that the Cubans are in this country physically but not legally, and that because of the immigrants' status, the U.S. government has the right to deny them all constitutional protections and guarantees. As this class action suit begins its initial plunge into the District Court, the Cubans are being held at a cost of over eleven million dollars a year. Also, since they are classified as "excludable aliens" they are sort not permitted to have such things as due process, free legal counsel, or a formal charging. It is interesting to note that every six months each case is reviewed by a penal-type parole board the immigrant is still denied the services of a government paid attorney. Mr. Dale Schwartz, the Atlanta attorney who is representing the Cubans in this class action suit, maintains that tinder the present system, the Cubans are presumed guilty. One might ask how those ' who are directly affected by the rules of our judicial system cannot even be considered people in the sense that they are denied the basic consitutional guarantees which we as Americans hold so precious. Fortunately for us, the courts will render a decision in what promises to bo a highly publicized case in the next few i . I I .' ■' > ,-k 1 l' 3 �Life on Death Row Reflections of a Man about to Die Editor's note: Frye Gaillardis an editorial writer and columnist for the Charlotte Observer. This article is excerpted from his recent book Race, Rock and Religion: Profiles from a Southern Journalist, published by East Woods Press. • by Frye Gaillard Unless something changes, they're going to kill Bill Groseclose before very much longer. It'll go something like this: Some people he barely knows will lead him from his cell at the Tennessee State Prison. They'll strap him to a tall, wooden chair and attach some electrodes to his thighs. Already, they'll have shaved his head to keep his hair from catching fire. Then they'll push a switch, which will send maybe 2,500 volts of electricity through his body. Nobody knows how bad it will hurt, since nobody has ever reported back after the experience. But if recent precedents hold true, several things are likely. Groseclose's flesh, particularly around his legs, will begin to burn. His fists will clench involuntarily, and his hands will probably blacken. He might not die right away. If he doesn't, they'll repeat the dosage as many times as it takes. The people who do this will have very good reasons. They will know some of the details of Groseclose's history. They will know that he was arrested in 1977 after his wife was discovered in the trunk of a car. They will know that she I jL r"rOT~0 ~-~~ ||i|~)0 ~fp WORD rnuLtajinu - was stabbed and raped and beaten, and they may also know that she did not die from — those things. She cooked probably over a period of beneath the several days July sun in the river town of — Memphis. They will know these things, and they will feel that they are doing what they should for theirs will be an awesome duty. But there are also things that they- will not consider. Harmon Wray will consider them, and Abel Adams, but they will not be able to convince the people in authority. They will believe Bill Groseclose is innocent that he is not vicious and cruel, and that he could never have done the things that the State says he did. But they will not dwell on that point, for they are Christian ministers, and their interest is in redemption. So they — — will talk instead about Groseclose's life: his correspondence studies at a small Bible college, his ordination as a Church of God minister only a short time after his conviction for murder. They will try to tell the Governor, who will not want to listen, about their conversations with Groseclose over five years. They will use such words as kindness, faith, and humor, and they will speak of his desperate consolation in the writings of St. Paul. But they will certainly fail, for their words will have the soft and simple ring of sentimentality and others in their grief will — cry out for revenge and time will pass slowly until his waiting will end. Groseclose enters the room with a bounce to his step, clad in jeans, a T-shirt, and a faded denim jacket; the numbers 83408 are stitched on the back. He is thirty-four years old, though he looks much — — — — ii to his door and set it on fire. � CALL PROTOTYPE 833-3348 Ask For Randy BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS Knowing how to analyze complicated essays, confusedly combining several fields of. ";. law, and writing coherent, logical and consistent answers thereto, can make the crucial difference in passing the Bar Exam. Why not get the feel of 16 very difficult Bar Exam questions before the Feb. or July, 1983 Bar Exams? Thousands of students, for the past 40 years, have been convinced that the approach analysis and style techniques and methods they need at THE KASS PROBLEM ANALYSIS CLINICS were essential to their success on the Bar Exam. Six successive Sundays, starting June 12,1983, from 1 to 4 p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, N.Y.C. Tuition: $150 UB Agents: Rick Roberts, Mark Reisman - KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH 3-2690 Oinnion ' February 23,' '' Well, I couldn't let it drdp at that point. So the next day, I painted a watermelon and stuck it on Ns door and burned it. Some of what we find to laugh about is pretty weird. But any time you can give somebody an excuse to laugh, you do it. We don't start stirring till about 10 or 11 usually about the noon meal. Everybody just says no to breakfast. The dinner today was... well, how can I say it? Only one guy took anything A've fed a lot of dogs a lot of things. But none of them were that bad. The problem is time. Sometimes you don't know if you want it to pass, or you don't want it to pass. But it — hangs pretty heavy sometimes. You'll do anything to fill it up. left Dix down there, he placed third in the cockroach race. Jeff's a soap-opera freak. We call him Swamp Monster. He's about 6-feet-2 and weighs 260 — man, pounds. And a nose jimmy Durante would have to hide. This guy has a beak. left is a nonviolent, violent person. He has weird ways of expressing himself! 'Course he says the same thing about me, but one time he put a TV set through the bars of his cell with plastic and tubes one blow and crap all over the place. I just kept on with what I was doin', trying to be nonchalant, don't you know. We don't want any trouble back here on the row. We've got all we can use. So we do what we can to help each other out, to keep each other's spirits boosted. We've got one back there who, can't read and write. We're teachin' him. Whenever he gets a letter, we go over it with him. He reads the letter, theq somebody else will read it, and they'll say, "OK, what did it — ... continued from page 1 Personalized form letters mailing lists Related Services Provided Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available All Work Guaranteed - So he cut himself out a cross, and for the next little while, he worked at it with a burned match, rubbing the carbon on the cross until the whole thing was black. Then he stuck it on my door. jessup. Whether you type or not, PROTO-TYPE can provide you with highest quality work that computer technology can provide. 4 — — Complete Editing Capability No neeA for retyping when editing drafts All Final Copy Printed on Rag Bond 16 Typestyles & Symbols to Choose From Printed to Look Like Typeset or Typewritten Experience in doing legal work Complete Resume Service Regetitive Work at Reduced Prices 1»«3 humor. The hatred is there, it's a constant; you don't nave to look for the hatred. But you do look for the way to laugh and often enough we find it. We have a good sense of communi- younger. He wears wirerimmed glasses and his hair ty and beard are scraggly. But the Down the row there's thing you notice most, and the Richard Austin; he plays cards thing that stays With you, is the plays cards and gambles. lopsided grin. He'll take bets On anything Ask him a question or two, football, baseball, basketball, and his thoughts flow freely, how many bullets they'll shoot the feelings tumbling out with on "Bonanza." He took fifth in punctuations of laughter, movthe world billiard championing inexorably from the light to ships one time, but he hardly the heavy. This is what he says: ever discusses playing pool. He just keeps pretty much to himself. Man, it's cold in here about back up to the shivering Got a bad heart. point. We got a leak back there, Ole Richard, he's short and and water comes pouring into fat; he's balding and got this the cell behind the commode. mustache. But he don't like t6 Then it freezes on the wall in think of himself as fat. He'll this thin layer of ice that you say, "I am muscular... " He's can't really see. OK. ' ~ So you're standing there in / don't have one best friend. front of the John, and you've Everybody is pretty close. It's already started, and you lean who are you hanging out with against the wall, and zap, this week? I sat back there all you're sliding all over the day a while back and played, place, and the stream's going chess with Houston that's crazy, and you're laughing like Richard Houston in the cell a madman, and then you say to next to mine. It was one good, yourself, "Man, how weird can full, hard day of chess. It'll be a things get?" while before I do that again. It's hard sometimes, but Houston is black. He's welleverybody tries to keep each educated, very smart, a pretty other up. It's just something handsome dude. We been nexteverybody seems to do. If door neighbors for three years. someone is down and he likes One time I forget what we something on TV, someone will was madabout I cut out this say something about that show. cross out of an envelope, you If that doesn't work, you're know, then I licked it and stuck Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. TYPING quiet for a half hour, then you try another subject. If that fails, you straight out ask, "Hey man, what's happenin'?" Always, always, you look for weekend, but he took heart when he realized that "there would be enough bizarre acts without him." given here the opportunity to see the country where her parents came from and to visit family members who still live there. This summer, Chrys Mary Ellen Berger is a native plans to travel to Strasbourg, of Washington; D.C. and did France, where she wHI take* her undergraduate work at part in a six-week program of Georgetown, where she study on the topic of internastudied international politics. tional human rights. Mary Ellen has also travelled Chrys says she would like to in Europe, as she has pursue a career in backpacked through France, tional law particularly because Holland, Italy and Greece. She she finds it to be a newer and said her interest in interna- more challenging area of law tional law was reinforced when than some other, more rigid she attended the Colloquium and formal ones. She finds that on Human Rights at U/B last international law exposes one year. She said she thinks that not only to other countries but the quest for international to their cultures and people as human rights will be one of the well. She commented that "the most critical issues we will preparation for the Jessup has have to face in the next few been very time-consuming and years. exhausting," but added that "it At the Pittsburgh regionals, has also been a very worthMary Ellen will be representing while learning experience." the "natural"' rights of The Association of Student landlocked Belterre. After International Law Societies graduation, she-would like to sponsors the annual Jessup continue her work in internaCompetition. The Association, tional law, possibly for the founded in 1960, now includes federal government. 127 chapters in the United Chrys Vergos is a native BufStates. Locally, the U/B Interfalonian who studied interna- national Law Society sponsors tional law and foreign policy the Competition. The ILS as an undergraduate at U/B. distributes the problem, She travelled to Greece as an undergraduate and also spent last summer there. For Chrys, these trips have been especially meaningful, as they have selects the team and helps the members prepare for the oral Competition. The members of ILS wish the U/B team good luck in Pittsburgh! • �Two New Bands Revive Buffalo Music Scene by Jud Weiksnar The Throbs, composed of two guitars, bass; and drums, put a lot of energy into their music and do some nice work on harmonies. However, Pauline's talents seem squandered in a band that limits itself to a straightforward, onedimensional,. 60's type rock and roll. never put on two more convin- more and begging for mercy. Ifs rumored that in addition cing sets. As always they did The start Of this semester exclusively bass, guitar, drums and almost their own to marked the return of two save an occa- voice, a new element compositions, dominant forces to the Buffalo may be added to sional cover such as their New keyboard music scene: Pauline Digati, periodic table of dance Wave remake of the Bobby now singing with the Throbs, Goldsboro's "Elusive Butterfly rock. While that would inand the Elements. If you went of Love." The Elements had crease the number of possible to the debut concert of the audience, which included musical compounds, it could the Throbs at the Continental exboth their loyal following and also throw off the natural pecting them to be another many first-timers, dancing in a balance between the present Pauline and the Perils, you Despite an occasional exhorhurry. The band needed little elements that is currently prowere bound to be disap- tation from the band to dance, coaxing to come back for an ducing the best sound of any pointed. To make comparisons the audience for the most part encore never 3-piece band around. It's hard in fact, between the two bands would either left or just stood there. I left the stage. After six more, to see how tampering with be unfair. Pauline has remain- didn't stay for the end of the they had the exhausted but their present formula could do ed a constant, with her give-it- second set; if they couldn't get Augustyniak. Although not all seemingly insatiable dancers anything but dilute their all-you-got style and people throbbing by then, I the new material was down torn between screaming for power. undeniable stage presence. figured they never would. pat, the Elements may have There's always hope, I wasn't that impressed the first time I saw the I Elements either. However, that iwas probably due to the fact Ithat I didn't understand their i music. While the Elements have only three members to the Throbs' five, their music is truly 3-dimensional. Not only that, but it's original, inspired, and danceable. The Elements emerged from their inert state at the Continental with new drummer Mike Brydalski replacing Jerry 1though. ' Phone Rate Subsidies Slashed Editor's note: Robert jacobson is a communications consultant to the California The views Legislature. expressed are his Own and not necessarily those of the Legislature. The article first appeared in The Nation, Jan. 29, 1983. by Robert (acobson may disappear. (In deference to Republican farm interests, however, the F.C.C. will create a "universal servicepool" for the temporary and partial subsidization of telephone calls in rural areas.) , For half a century, the Federal Communications Commission has set long-distance telephone rates high enough to subsidize local service. The principle is more democratic than many regulatory formulas: as the heaviest users of long-distance lines, big corporations bear the brunt of the subsidy and, in effect, defray the cost of local calls made by small businesses and individuals. And the system has enabled nearly 91 percent of all households to afford telephones. Now, in the name of competition and deregulation, the FCC. has removed the corporate subsidy, and the result will be to "de-phone" millions of households. The lower long-distance rates probably will not deter large corporations from going completely "off the local network" by setting up their own private telecommunications networks. Should that happen, local telephone companies, already deprived of A.T.&T.'s support by the Reagan Administration's antitrust settlement, will see their revenues further diminished, forcing up rates for the vast majority of Americans who cannot afford customized alternatives to conventional telephone service. What's more, the Office of Management and Budget is writing legislation that would users of telecommunications, is moving away from its goal of universal service. In the name of deregulation, the commission is effectively "transferring" economic power from the poor to the rich just as surely as Congress redistributed wealth upward with the Reagan tax program. In the name of competition, the government is dividing the nation into those who can shout and those who are silenced by the monthly phone bills. CrOSSWOrd II — highly — — distance calls will be billed a hefty monthly charge, rising each year, to replace the subsidy built into long-distance rates. The cost of long-distance calls will fall accordingly, making it possible for A.T.&T. and sumer Protection and Finance, to rein in the F.C.C, Congress has so far failed to act, and it may already be too late. has pledged Before the Communications its long-distance competitors Act was passed, fewer than to serve more cheaply the cor- one in three Americans had acporate market. "Lifeline" rates cess to a telephone. Now the for the poor and handicapped F.C.C, catering to corporate Why a Duck? 65 3V _ w — by Glenn Frank IS 14 17 ■ itt Sj Bo Ul r w wr n ao WjA 95- Photo by Frank Bolz II ¥ zzzj_ ~~m- - . 13 IV it debatable The Communications Act of statistics that fewer than 1 1934 was supposed "to make percent of all users will be available, so far as possible, to unable to afford telephone serall the people of the United vice when the new.charges are States a rapid, efficient, imposed. But as Sam Simon of nation-wide, and worldwide the Telecommunications wire and radio communication Research and Action Center service with adequate facilities points out, even 1 percent of at reasonable charges." The the 80 million households with "reasonable charges" proviso telephones means a conwas implemented by the long- siderable number of people distance subsidy on the theory losing service. And A.T.&T.'s that corporate users derive own projections, made in 1981 disproportionate commercial when it was fighting the Justice value from telephone service. Department's antitrust suit, Now the masters of show "drop-off" rates of bederegulation at Reagan's F.C.C. tween 15 and 70 percent as have made competition in the telephone charges escalate. communications industry a Naturally, the poor will be the higher priority than universal first to dropoff, and out of, the service. The F.C.C. says this telephone community. will encourage the development of cheaper technologies The communications infor high-volume users. And the dustry has successfully blockCommission intends to place ed every recent Congressional the burden of financing this in- attempt to reform the Comnovation on the backs of munications Act in order to every-day consumers. mandate subsidizing regulations. Although Representative Beginning in 1984, every Timothy Wirth, chairman of telephone customer even if the House Subcommittee on he or she makes no long- Telecommunications, Con- Vk *"■ The Commission estimates using — — pre-empt state regulators and prevent them from mitigating the worst consequences of the F.C.C. action. — — — Kp 3? j»9 " *» P ™ L J_ ■J75 zzz -IUJ-JH 1 l-l 11 Solution on p. 6 CROSSWORD CLUES Across .1. RBI, for example 5. Bosses (abbr.) • 8. Dear 12.Withrival and way 13 Rodent 14.This is one 15.Bannister's Distance 16 , Amas,Amat 17.Camedown 18.A state 21 Fish Eggs 22Cuise __ 23. Prepare again 26,Harden 27.Get 30.T0 31 Knight or Turner dr»-m 32 33. Buddy 34.Pronoun 35Armed Band 36.Destiny 38 39.A state 8. Ascend 9. A state 10.Destruction pick 11 19.Fervent Pot 45"As strong weak as you like" 46.Paddles 47.Legally insignificant 48.Title 49.Cram 50.Creek Letter Sl.Assist 52.Compus pt 20. Petroleum 23.Hit 24.Creek Letter 25.ldentical 26.Command to an ox 28 and downs 29.8a1l peg 31. Rotten to 32.Contentious 53.Congest <H 34Depot (abbr.) Down 35.Elee. charge _ 39, 40.Iraqi 37>Property 38.Strained food 1. Uncle and Sneed 2. Kingston 3 Legal rts. gp. Lisa 41.Crasses of Lrfe 4. 5. Elegance 6. Mother 42.Implement * 7. Rained February 4_._n I 44Horse 23.1983 Opinion 5 �**M I — J The Association of Women Law Students presents Women Attorneys: Career Panel One I I j I Rose Sconiers, Legal Aid Beaufort Wilbern, Legal Services for the Elderly \ Shelley Mayer, State Attorney General's Office f — | | February 24,1983, 5:30 P.M. Faculty Lounge Room 545 I Panel Discussion and Question/Answer | j j Reflections from Death Row continued from page 4 say?" He spits it back out. If he can't, we go over it with him. Mostly, though, we just sit and watch the world go by. I've been behind bars five years. I was arrested July 11, 1977. I made it here in April 1978 April Fool's Day. At first, it ate especially with the at me situation as crazyjas it is. But then you say, "Whatam I going to do about it? Am I going to scream or cry the rest of my life? What is going to come of — it?" — giggling. I pulled my pistol and emptied it in their direction. I saw three go down. I said, "Did I, or didn't I?" Over the years, I had time to think. I asked myself, "Do I have so little control over my emotions I would shoot at somebody in a mo- v ment like that?" / got more serious about religion in Vietnam. Death is so imminent, you can't really help it. We also talk about it a lot on the row. About everybody back there is antireligious. I don't mean by that there aren't any believers. In fact, I don't think there are any nonbelievers. There's some that say, "No, I donAt." But when the believers are having their conversations, there's always close attenamong tiveness the nonbelievers. They are the ones that keep the conversation alive. Opinions back there are straight from the heart and cold as ice. The guys would see these ministers on TV with all their fallacies, jerry Falwell is our pet. Oh, we love him. They're building some crap, and he's wanting me to send him $50 for one memorial brick, and for $500 he'll put gold on it or something. Or look at Oral Roberts with his multi-milliondollar prayer tower. How many hungry kids could you feed for that? tb err is Human. ' 'But I've tried to put across the idea of Christianity versus religion, and I think the general feeling back there is that religion is of man; it stinks. Christianity is of God; it's all So you have to learn to live with it. You have to get rid of the superfluous, and you have All Welcome! to keep control of your mind. I have lost control a time or two. Of my mind, yes, and of my emotions. But I've been fortunate not to lose both at the f Coming Soon: same time. Still, you think about things. March 10 j Like Women Faculty: Career Panel Two sometimes I think about March 24 » Vietnam. I was there in the I Women Attorneys: Career Panel Three Navy, and the things that hapI mean the thing pened, you ask yourself about Vietnam is. Why? You answer that a million times, and then you turn around and disregard tbe Boys and Girls Together answer and say, Why? It Happens to Us (30 mm.) One time when I was over there, I came upon this torture Women Who Didn't Have An Abortion (28 mm.) \ Women Who Have Had An Abortion (28 mm.) scene. I was driving a supply truck, and I came to a hut 1:00 p.m.. Room 107 Thursday, February 24 where this Vietnamese peasant 7:00 p.m., Room 106 had been castrated and tied to a tree. They stuck his penis in Boys and Girls Together his mouth and'sutured it'shut. One out of Five teenagers has intercourse by age 14 and They had cut his wife's aban estimated 600,000 babies are born to adolescent domen open and pulled out a mothers each year. The questions and facts of this fetus and used it to beat her epidemic problem are examined by teenagers, their children to death. families and experts in this CBS video documentary. I stopped and said, "My God, human beings could not Happens to Us Have done this to other human right. I It Women of different ages, marital status and race reveal A lot of guys have said, "If I beings." Then I saw five Vietin their stories the problems of illegal vs. legal, medically namese regulars running up a was on the streets, more likely safe abortion. The four legal procedures are fully described hill behind the hut; they were than not, I'd be just like 'em." by a physician, and pertinent medical statistics are presented. "A jolting indictment of the furtive illegality of abortion, some of the testimonies are shattering... a strong, confident plea for practical counseling toward legalized aboration." New York Times j man... — Women Who Didn't Have An Abortion Women Who Have Had An Abortion These films provide, in an open forum discussion, women from all walks of life, rich and poor, old and young, black and white, married and single sharing their thoughts and feelings concerning their life decision to have a baby or an abortion. Crossword Solution It's A Boy / s r M r _B G M s .B s l :l'M s l yE arc ~hMr a i AZ-£.^__Lr^£j_i__pT7F Barbra J4._l__L._L4 12.AAZBZa_1||_1.o.o r ■ ___-_-—_ OtUkm 6 -. ■,--7m7 •!-,■- f*w2Vl«» ■„■■, - ________________________________ from the Opinion ■-■„■, But in here, it's a peculiar situation. In my case, it has strengthened my faith. I have been confronted and bothered with the pressures of with the outside world prices going up, or how am I going to make more money? I can devote more time to being still and listening. / read the Bible a lot underline verses and think about their meaning. Romans 8:18 is my favorite, but you can keepgoing from there. Ol'Paul could write: "I consider that what we suffer at this present time cannot be compared at all with the glory that is going to be revealed to us. For we know that up to the present time all of creation groans with pain, like the pain of childbirth. "But it is not just creation alone which groans; we who have the Spirit as the first of God's gifts also groan within us for God to make us his sons and set our whole being free. "If God is for us, who can be against us?.. .Who willaccuse God's chosen people? God himself declares them not guilty. Who, then, will condemn them? Who, then, can separate us from the love of Christ? Can trouble do it, or hardship or persecution or hunger or poverty or danger of death?... "No, in these things we have complete victory through he who loved us. For I am certain ■that nothing can ever separate us from his love; neither death nor lite, neither angels nor other heavenly rulers or powers, neither the present nor the future, neither world above nor the world below there is nothing in all creation that will everbe able to separate us from the love of God which is ours through Christ jesus our Lord." That's some pretty heavy stuff, and' I think about it sometimes, and then I just listen. There's a difference, I've discovered, between wants and needs. I think I know that now. If I get out some day, there's a lot I'm looking forward to. But in or out, it's God's will that matters. . not — - — Q++-**?^ All this worry about grades I mean, whafs all the fuss? We all know a Q minus is as good as a plus And a Q plus plus plus is still not on a par With that curious creature the splendid Q star You still get a Q but you get something better The professor takes time to drop you a letter A small consolation that you weren't quite up to snuff though better than most you weren't good enough to be granted an H the most wondrous of all hoped for in spring and prayed for in fail But these grades are strange really, what can you do when one prof gives forty and yours Just gives two So don't worry about grades it just doesn't pay no matter what happens you won't get an Al ; ■ -■ ■■• • - • ■ ■'■ �* _ ■■■»■■»■-■■--■-_■————-_-_■■-------_-_-_«_________^___________________|__________ a B^^Haav^^^^Haß^^^^^ A ' MARINO-JOSEPHSON/BRC ■■."-■- -! 1 ; presents 1983 BAR EXAM • \ Free Outlines and Free Pizza /\ ! Thursday, February 23,1983 at 12:45 and 2 P.M. in O'Brian Hall, Room 109 • . - , »*^*—«^«»^~————~».^~—.»™^.™»—»«^—^—*_»__-----_---»-■»——.^^—^^^——■"«—-—^^—^^^—^^^—^^—p—^.—-—••«■■—~—^—— ———-_—J-—--——- j i ■ m <#■■■■ Only The "'■; ii <¥>... " rfgb w__||i -<lf> ■ '' n <||>i ' II i ii II l_^fW--»*-<lf«»«**|fh»» \\ ENTERTAINMENT CARD ' - ..'. A. A- . will provide you with these GREAT DISCOUNTS! - ~. ; j| $3.00 off the Admission Price to: 83 DAYS PARTY, Thursday, February 24th '■' ~ ~ '■ ■■ ' - ..' . \ : «; $4.00 off the Admission Price to: DINNER DANCE, Saturday, April 9th, Sheraton-East Plus — ■ . ,; , I !I New Low Movie Ticket Price! $2.50 for any General Cinema Theatre Admission. (Save $1.50 off Regular $4.00 Admission Price) and many more discounts! i! »■ '■-■ ■■—■ ■--» »■--» ■■—■ ■■«» ■■-** -* "" — ** o**i*» — --■« ■■--*■ ■■ FeWM*2fW*M "' —* 7 �. ' ' r IRVING YOUNGER COMPREHENSIVE CPLR COURSE BEGINS THE LAST WEEK OF SIGN UP AT THE i FEBRUARY BAR/BRI TABLE Moke An Informed Decision Compare Ask Us Why DAR/DRI Is THE DAR Review Course In Hew York Stole Professional Responsibility Exom (MPRE) Test Dote is Friday, March 18. ALL JUNIORS and SEHIORS moy take DAR/DRl's MPRE Review Course for no ADDITIONAL COST by simply depositing on additional $75 toward the final balance of your Dar Review Course J ML W\l I }|%| " Th# Review Course taken by moro people studying for th* N.Y. Dar than ALL OTHERS COMBINED. I I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-02-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/23/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e823e36c13bf407b1287c3f6fd0deeed.pdf a668891a1a6fc75d070d10709fc1cd85 PDF Text Text THE OPINION Feb. 8,1983 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Symposium Chronicles The Struggle Against Apartheid by Earl R. Pfeffer Last Tuesday and Wednesday nights SUNY Buffalo Law School was the site of a provocative and informative symposium entitled "The Struggle for the Liberation of South Africa." The symposium, ac- cording to its coordinator, Leander Hardaway, repre- sented the inauguration of Black History Month. The conference began Tuesday with the film "Last Grave at Dimbaza," followed by keynote speaker, Dr. Japhet M. — photo by leol Gorinsky Dr. laphet M. Zwana was the keynote speaker at last week s symposium on "The Struggle tor the Liberation of South Africa." The symposium inaugurated Black History Month at U/B. Moot Court Reps Set For Chapel Hill by Wendy Cohen of the issue, as is traditional in moot court competitions. Representatives from 32 law schools across the country will converge on Chapel Hill, North Carolina later this month to participate in the J. Braxton Craven Jr. Memorial Moot Court Competition. This national Competition is "definitely one of the highlights of the moot court season," notes second-year student William Hochul, who along with Tim Prosperi and Brad Bennet will represent U/B. The Craven Competition, sponsored by the University of North Carolina Law School, will be held from February 23 through February 26. Law schools from every part of the country will send teams, including Brigham Young, Cleveland State, Duke, Indiana, and Seton Hall. The 32 teams will be arguing a constitutional law question, arising out of the designation of a church as a historic landmark. Bill Hochul feels the problem was chosen to raise interesting legal arguments, rather than for its degree of difficulty. Bill will be arguing the issue of whether designating the church as a landmark, thereby preventing church members from adding a television studio to the structure, violates the church members' First Amendment free speech rights. Brad and Tim will be arguing the issue of whether the historical designation constitutes a "taking" under the Fifth Amendment. The three team members have spent several weeks working intensely on a brief advocating the Church's constitutional rights, in what Tim called a "trial by ordeal." They will, however, argue both sides Commenting on the value of sending representatives to na- Vol. 23:8 Zwaoa, Professor of African Studies at SUNY Albany. Wednesday night's panel was moderated by New York City and international law expert Adrien Wing, and consisted of Dr. Zwana, Dr. Virginia Leary, Professor of International Law at SUNY Buffalo Law School, Mr. Gregory Frost of the United States State Department, Dr. Andre Visser of the South Africa Foundation, and Mr. Shuping Caopage, a member of the African National Congress (ANC) Observer Mission at the United Nations.; The symposium placed today's struggle for liberation of South Africa in its broad historical context, showing ultimately how it has been shaped by decades of govern- tional moot court competitions. Bill said, "It has a lot of publicity value. The school is ment imposed terror and opnot well known outside of the pression. region and the state, although The event was anything but it should be as its high ranking a staid academic discussion. shows." He added, "If we are Passions ran high, as well they to get the recognition we should when one reviews the deserve, we have to continue domestic policies of one of the to send people and they have to do well." "It's very important that we continue'to compete, and it is worth the money that the Moot Court Board spends," claimed Brad. The three U/B representatives are looking forward to most egregious violators ot human rights in the history of civilization. In the end, the electricity and emotion that was generated proved to be too much for Dr. Visser, who walked out of the Wednesday night discussion because he felt the panel was unbalanced and the audience was hostile. Moderator Wing expressed disappointment at Dr. Visser's departure, adding that the South African has the right to state his ideas, so he should have exhibited more courage in defending them. The symposium had opened Tuesday night with a showing of "Last Grave at Dimbaza," a film, illegally shot in South Africa ten years ago, which illustrates, through vivid camera work and chilling narration, the repressive and unjust state of affairs within the country. The film showed the living conditions of the Black Africans who represent 72% of the population but are forced to live on reserves which constitute only 13% of the land. From those "Bantustans" the males migrate to the country's factories,, mines, and farms where they labor for their white South African masters for wages which are, on the average, 1/14 of those paid to their white counterparts. The men live in crowded barracks in the segregated ghettos outside the cities in which they work. They are able to visit their families only one month per year. Often, the men's meager wages prove insufficient to support their wives and children back in the Bantustans. As a result, the women must find work as domestic servants in any one of South Africa's plush white neighborhoods where the standard of living is the highest in the world. Their children, if lucky enough to live past the age of two, have tp be raised by relatives. Black Africans who are not working for the white South Africans are not permitted to leave the Bantustans. Every Black African is required to carry a pass which is keyed in to a complex computer system. Anyone caught without their pass can be thrown into jail for up to 90 days without charges. During the hour in which the film was shown, it was stated that there were 60 pass law arrests, and that 60 children died of malnutrition, while in that same hour a gold mining company will have made 35,000 pounds of profits. The film was followed by Dr. Zwana's keynote address. He chronicled the years of peaceful struggle by the African people against the "human wrongs" of the white regime. He illustrated how, at every turn, from the proclamation of the People's Charter in 1955 through the 1960 Sharpeville Massacre in which 60 women and children were murdered for protesting the extention of the pass laws, to the random killing of peasants protesting unfair taxation and land redistribution schemes, to the outlawing of the ANC and continued on page 4 Resource Expert joins Faculty the Competition. According to Brad, "Each time you get a chance to compete, you gain experience which adds to your overall knowledge. It's like a geometric progression." Bill said he was hoping to meet other law students on a semi- professional basis, and added that there is a benefit in "going against the best talent and competition in the country, and pitting youself against what other schools consider their best teams." Tim summed up: "I'm looking forward to the challenge of the competition, and to the challenge of picking up a southern accent before February 25th." U/B will also be the site of a major national moot court competition this spring when it hosts the annual Albert S. Mugel Competition on March 4 and 5. In the Mugel, students will argue a tax issue devised by U/B Professor Ken Joyce. The Moot Court Board will be continued on page 9 / Prof. Errol Meidinger, one of the newer members of the U/B faculty, brings with him experience from Portland. Oregon; fvanston, Illinois; Grand Forks, Nebraska; and Edinburgh, Scotland. by Henry Gartner After spending most of his time either west of the Mississippi or east of the Atlantic, Errol Meidinger has settled down at the mouth of the Niagara. Teaching Property One to section three of the first-year class first semester, Errol ("Whenever someone says 'Mr. Meidinger' I look to see if my father is standing around") brings to Buffalo Law School the wide breadth of achievement that makes this school an interesting and exciting place to learn. His expedition to the Queen City follows hot on the heels of a fellowship at Lewis and Clark Law School in Portland, Oregon; a program in Law and the Social Sciences at Northwestern University in Chicago and Evanston, Illinois; graduate study in Economics and Economic History in Edinand Scotland; burgh, undergraduate study in sociology, political science, and philosophy at the University of North Dakota in Grand Forks. continued on page 6 �Vol.23, No. 8 'SBA Organizes Busy Term Tuesday, February 8,1983 Editor-in-Chief Earl R. Pfeffer by |ill Paperno Coins Party. This semester the Student work on the Threeathletic bent, those of an For increasing Bar Association is be its activity in a variety of areas. volleyball teams will soon Carver is the organized. Julia social events include Law The <• Revue and a Winter Weekend. person to contact, note, the more On a serious Semester SBA made Last is with us union issue reservations at Camp Dippikill student for three nights and three days yet again. Administrators decided to hold a referendum (March 10-13) of skiing, camping and general frolicking. In offering students the option of order to hold the reservations voting for or against Dr. those interested in parti- Sample's pursuit of a studentcipating must make their pay- funded student union. ment for lodging to SBA by Members of SBA believed that Tuesday, February 8. (For more a vote of "yes" would preclude information see Anne other funding options and a Carberry, Brian Collins or stop vote of "no" would be interpreted as students' lack of in to the SBA Office today.) event, Law commitment to a student Another SBA therefore, SBA Revue, is scheduled for March union. the supported unanimously an annual 5. Law Revue is Circle X" display of law school talent. If GSA "Vote no you want to audition or assist campaign. This would indicate in any way please contact Rich commitment to a union but obWiebe or Jeff Shein. Also, ject to student funding. campaign Another "thank-you, Jeff," for your Managing Editor Glenn Frank News Editor: Feature Editor: i Ray Stilwell Mary Ellen Berger Gary Games Photo Editor: Arts Editor: John Stegmayer Frank Bolz Business Manager: Staff: Wendy Anne Cohen, Lisa Kandel, Michael McGorry, Jill Papernojud Weiksnar, Contributors: Barbara Barton, Henry Gartner, Joel Gorinsky, Joe Ruh © Copyright 1983, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law. SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. m — .— UnhnwHylPrw unanimously supported by SBA was that of Anna Marie Richmond and Lisa Bunin. Ms. Richmond and Ms. Bunin have developed a plan to install tampon dispensers in a number of bathrooms throughout the university. SBA and Student Faculty Committees have alsq become more active. The SBA and the Appointments Committee distributed a schedule offaculty candidates visiting dates. One hour was allotted for students to meet each of three candidates. Finally, SBA has begun consideration of students' complaints about the recent changes in exam schedule policy. If you have any questions or comments about SBA activities, stop in the office to speak to an SBA representative. Aid Update: Popular Questions already receive TAP, a new application will be mailed to you. Additional applications should be available at A&R or the Law School Financial Aid Office in by Joe Ruh Editorial Following is a list of the most frequently asked questions at the Financial Aid OfIf your favorite question fice. While this new semester and the new year mark the continuation of is not listed, or you do not like of the daily mechanics and politics in and out of the classrooms O'Brian the answer, stop by the FinanHall begun last semester, 1983 heralds the beginning of a new session of Aid Ofice, Room 314 Congress, whose members are faced with a full agenda and the cial O'Brian for more information. insisvocal, interest Several of the most onslaught of competing groups. tent, and controversial of these groups represent a majority of this naQ: What is the deadline for aption's population women. Last fall's elections saw an increase in ideologically moderate plying tor National Direct members of the House of Representatives, while the Senate continues to Student Loans (NDSL) or be controlled by a more conservative coalition..Reorganizing in thewake Work-Study for the '83-84 of recent setbacks, lobbyists on issues affecting women have their work school year? cut out for them. Strengthened by current media emphasis on the political clout levied A: Both of these programs require two forms to be subby women voters in recent elections, these lobbyists are continuing their mitted. First, a Financial Aid campaigns for passage of the Equal Rights Amendment, which has been reintroduced this session; for attainment of equal economic rights under Form (FAF) should have this country's insurance and pension systems; and for sustained recognibeen completed and mailed tion of the constitutional right to privacy in making procreation decito the'College Scholarship sion! Service to arrive, there by Women do not seek to have better or broader rights than men. ConJanuary 31. In addition, the trary to the claims of a large segment of Reagan's constituency, the University's pink Financial political demands being made by women are not unreasonable or imAid Application (FAA) must practical. Rather, these demands at achieving equality of be completed, notarized, law benefit the and, if realized, will positively treatment before the and returned to the Main economic and legal health of everyone, men included. including the military, inEvery avenue of power within our society Street Financial Aid Office in Parker, Room 133, by the dustry, technology, universities, science, political office, finance, and is controlled by men. This fact, combined with the the legal system end of February. impact of our socialization and acculturation, has resulted in a stratification of American society based upon sex. This stratification forms the o:What about Work-Study for basis of the present struggle for economic rights for women. It is imthis summer (Summer '83)? perative that men and women overcome this stratification and engage in A: The applications described the struggle as partners. in Question No. 1 (FAF and A bipartisan group of Congressional members is expected to introduce FAA) are used for NDSL and a new version of the Economic Equity Act (EEA), originally proposed in 1981 by the Congressional Caucus for Women's Issues. Incorporated into Work-Study for Summer '83, Fall '83 and Spring '84. the EEA is the Non-Discrimination in Insurance' Act, introduced in 1979, which would disallow discriminatory insurance practices such as charging women higher rates for life and health policies based on unfair inter- Q.When will I find out if I pretation of and reliance upon actuarial data of dubious validity; denyreceived a Work-Study ing to women many disability benefits available to men; and denying to award for this summer? I women pregnancy coverage on many individual plans..Because men, as have a great job lined up but marriage partners and cohabitators, increasingly depend upon women's I need to know if I got Workearning power, these economic benefits accrue to men as well. Study before I can accept. a Another part of the EEA is Private Pension Reform Bill, addressed to those 95% of women workers covered by pension plans who cannot A: The Financial Aid Office at receive benefits because of too stringent vesting and accrual ■ reMain Street begins reviewquirements. Women insist that pensions be recognized as a legitimate ing all the applications property right, entitling a divorced woman to a pro rata share ofher husaround mid-March. It takes band's pension; making survivor benefits automatic; and allowing a about 6 weeks from the end woman to collect her spouse's pension if he dies before retirement age. of January for the College Men who would be designated beneficiaries of pension rights have a proScholarship Service to forfound stake in these reform proposals. ward the data from the FAF Our country's Social Security system is in desperate need of reform to the school. Initially, all and stabilization. Women have targeted this area of economic rights in the applications for summer particular because older women are thefastest growing poverty group Work-Study are screened and because the system penalizes 72 percent of the poor elderly widows, who can't collect benefits until age 60. Yet, men should for early decisions. recognize other of the system's outmoded benefit formulas, such as the Realistically, the earliest penalty on two-earner couples who may receive less in Social Security you could hope for is payments than one-income couples with the same earnings. notification in early May. We must view these equal rights issues before the 98th Congress as "human" concerns, not "male" or "female." Both men and women Q:When do I begin applying should acknowledge that the goal of "women's groups" lobbying for for TAP and Guaranteed Stupolitical and economic co-equality is not to perpetuate cultural or dent Loans (hIYHEAC) for political separatism, but is to bridge the sexual gap and build a sturdier next year? social order that can meet the challenges of the future. A: TAP applications for the next school year (which officially begins with the Summer '83 term) should be available in April. If you — - - — — | Its April. Guaranteed Student Loan applications will likely be accepted beginning in late continued on page 3 Your Chance to Show Off and Make People Laugh. .. .rni.iiiii.....--.-.ii.niir»»»if Law Revue ■ ■ i I B *■ • •..-".-. -: '- •i IS Coming!!! g- March 5,1983 .• —H 7:30- ? Auditions for Comedy and Talent Skits on Monday, February 28, 7:00 PM in Room 106. , . LOOK FOR MORE ANNOUNCEMENTS! .—.._;... ~. ■ ~,,„„-.-,! L Student Activity Fee Waiver Applications Available , ' — — , FGFSDGSDFGDFG 2 . Pick-up: Monday, Feb. 7 Return by: Friday, Feb. II Available at SBA Office, 101 O'Brian Reminder: Waivers are for one semester only; if you received a waiver last semester, you need to reapply. --■---————aaa_____________________a.____.a__i-a �Uniform Product Liability Laws Advocated by Stephen Lyons there was no statute of repose, all the lawsuits against all the Editor's note: This column ap- shoemakers held up in court. peared in the 12/29/82 edition Years and millions of dollars of the Washington Post. The later, manufacturers could no author is an attorney with the longer "chance" making <, Borg-Warner Corp. There was an old woman in a shoe. One day, after 65 years of good service, the heel collapsed and all of her children were injured. So they hired lawyers, who who lived prepared to sue the sued all the shoemakers under strict liability and for punitive damages, too. Unfortunately, the shoe was so old, no one could remember or find out who originally made it, so the lawyers shoemakers in the country. Even though the shoe served well for 65 years, because new products, are precluded from knowing whether their products meet the patchwork of safety and product liability standards that vary from state to state. shoes, so they went out of Caught in the midst of business. The old woman and skyrocketing insurance and everyone else had no place to legal costs, many companies live. All the lawyers, however, literally cannot afford to made a great deal of money design and make new proand lived happily ever after. ducts. Nor, in some cases, can Obviously this version of the the consumer afford to pay for old woman ahd the shoe the fail-safe products now resounds farfetched. But it ap- quired. proaches the truth. The proManufacturers are conblem is the state of this counsumers too, and as such are try's product liability law, or fully sympathetic with their more accurately, the fact that plight. If a product maker puts there is no reasonable uniform a faulty product on the market national law. Only 28 of the or fails to properly warn or instates have product liability struct the purchaser on its use, statutes, and no two are the then that manufacturer should same. The result is that indeed be held liable for manufacturers, in designing damages. On the other hand, if a consumer misuses a product or continues to use it long after it is completely worn out, why should the maker be responsi...' ble? . 'Repeat After Me. Despite the complexity of this issue, the key point is the simple fact that there are no uniform guidelines for manufacturers. As an attorney, I am not parto ticularly proud acknowledge that the most vocal lobby opposed to a uniform law is the trial lawyers of America who are reaping fortunes from product liability lawsuits. The state of the art has become a legal "open season" in which the ground rules change from state to state and court to court. If this , is starting to sound confusing, perhaps .a few questions will help put the problem in better perspective. 1) Is there a reasonable time This problem is being adperiod during which manufac- idressed in Congress, where turer can be held responsible !Sen. Robert Kasten (R-Wis.) and Rep. Norman Shumway for a product? 2) Can a manufacturer be I(R-Calif.) have introduced proheld responsible for an injury iposals that would provide for even though reasonable care iuniform and reasonable nawas taken in the design and Itional product liability stanpresentation of a product? idards. The Shumway proposal 3) Should a manufacturer be \would set a time limit of liabiliheld responsible for the misuse Ity for injuries resulting from of a product? For example, if a 1the use of a product and apman dries a large hot-air | portion responsibility among balloon in a clothes dryer I those found at fault. Both bills which subsequently explodes, \would help eliminate uncershould the manufacturer of Itainty and inform consumers the dryer be held responsible iof their rights while directing for its performance under i manufacturers to their legal ( obligations. these circumstances? 4) Should a plaintiff be A uniform product liability allowed to sue if there is no law would help manufacturers proof as to which of the know if their product designs, manufacturers actually made warnings and instructions comply with the law.. In addition, the product? 5) Should a plaintiff be per- federally recognized standards mitted to introduce as would promote product safety the clarifying evidence the outcome of a by prior lawsuit in which the manufacturer's responplaintiff and the product dif- sibilities. Such standards would also save consumers fered? 6) Should there be a legal millions of dollars they would limit for punitive damages, otherwise spend in price inwhich are often levied over creases implemented to defray and above compensatory the legal costs of setting prodamages? duct standards case by case. The issue even crosses party 7) If a product is made in compliance with all federal lines. The Carter administrasafety standards, should the tion supported a federal law; jury be permitted to "second now the Reagan administration has followed suit. guess" these standards? Product liability is a growing Under the current system, problem of major concern. the one supported by the ma- sensible and consistent na-A jority of our nation's trial law will help unclog our lawyers, the answers to these tional promote product safety courts, questions are: 1) no; 2) yes; 3) and reduce consumer costs. Yes; 4) yes; 5) yes; 6) no; 7) yes. When the comes up proposal There are many consumers, in the new Congress again, it businesses and lawyers, myself deserves support from included, who strongly believe business and consumers alike. the answers should be re- Keeping the current system is a versed. disservice to us all. < < . Aid Update: Popular Questions — photo courtesy State Executive Dept. New York Gov. Mario Cuomo is inaugurated by the Hon. Charles S.. Desmond, retired Chief ludge of the New York Court of Appeals. Desmond teaches Appellate Practice at the Law School, and the annual Moot Court competition here is named in his honor. LABOR HISTORY FILMS | The Wobblies (89 mins.) Tuesday, February 8, 12:00 p.m., Room 105 | "THE WOBBLIES is a history of the Industrial Workers of by the | the World, researched lovingly and corroborated who ■ reminiscences of some of the union's former members, are now in their 80's and 90s. Along with filming interviews with posters, por-j | the stalwarts, the directors have collected songs, traits and animated and live-action footage of thej THE WOBBLIES, whose courage and tenacity isi period. for an j documented here oyer and over again, stood than by] egalitarianism that may be better served by research rhetoric. When the facts.are presented as fully as they have been. here, the feelings that accompanied them aren't difficult to, imagine." The New York Times ! i ! .. — at Ludlow (23 mm.) ! Ballet Bargaining February p.m., Room 106 14, 2:00 Tuesday, February 15, 2:30 p.m., Room 107 | Monday, [ — j ; The Ludlow Massacre of 1913 a violent and bloody clash; !between United Mine Workers and the Rockefeller-owned Col-; 1 orado Fuel and Iron Company — culminated years of bitter, struggle forbetter working conditions and union representation. ] AT LUPLOW recounts the 50-year; I history ofthe fight waged by workers against the large corpora-, *' ' tions who refused to yield to demands for shorter hours, livable, wages and safer wqijringfondition s^________ m_^^^^^ continued from page 2 May. The application and the Needs Test Cover Sheet should be obtained from your bank. GSL applications should be submitted as early as possibly to allow for the long time in receiving approval. of y.our NDSL check. This method does not offer any advantages to those receiving full TAP and SUSTA, however, since your actual cash outlay to Student Accounts is practically zero anyway. b. When planning next year's financial aid, consider not applying for NDSL. If you did not receive the Whdn am I going to get my NDSL check for this Spring full $5000 from your GSL Semester? this year because you had The first checks should start received too much other arriving around February 1. aid, you can refuse an NDSL However, many checks are loan and receive a larger not likely to arrive' until GSL loan. The advantage much later in the semester. here is that you receive the Last year, some NDSL full amount of the loan in checks for Spring were not the Fall and do not have to received until June and July. wait for the late Spring Those who take advantage NDSL check. of the NDSL'for its low interest rate must recognize that the money may not be Q:How much is SUSTA for this Spring semester? available to live on during the semester. This issuance A: SUSTA for the Spring is $900. Together with the TAP of NDSL checks is comon of $300, your total tuition past dependent pletely bill for Spring will therefore students' repaying their outstanding NDSL debts. be reduced by $1200. Some suggestions on getting around the late NDSL check problem: a. If you have not paid your Spring tuition, sign over your NDSL check to Student Accounts by filling out a power of attorney forth at the Student Accounts Office. You can sign a power of attorney today and your tuition bill will immediately be reduced by the amount .... . ditjs'l'i in case we need another let- ter writing campaign. Q: How can I get a quick $45? A: File the New York State Tax Form IT-214 — Claim for Real Property Tax Credit. Whether or not you pay N.Y. State taxes, you are probably eligible for this tax credit if you are a low income person (student) who pays rent in New York State. Help Wanted I want a job. You have to hustle. I sent out 1,000 letters. You must be willing to relocate. I'll move anywhere in New York. But we're a national law You can be unemployed anywhere in the country. I'm a New Yorker. Well, the economy might improve in 1986. Q:How much will SUSTA be I'm graduating in 1983. year? for.next You'll be more marketable A: We don't know yet. Every after the bar. battle getting there is a year have to eat before then. I SUSTA passed through the Have you thought about a New Albany. legislature in non-traditional job? York is facing a large budget want to be a lawyer. deficit this year and until I What 7do you expect, school. the Governor submits his miracles? budget we will not know the (Why you think it's no fate of the SUSTA program. longer did the Placement called Keep your fingers crossed Office?) and your pencils sharpened 8, 1983 February 18'? .1 r.&tnM Opinion unmi 3 �Symposium Chronicles The Struggle Against Apartheid continued from page I the imprisonment of its leaders, the government met peaceful the resistance with violence. As a result, in 1962 the ANC changed its strategy and began to organize for guerilla warfare. According to Dr. Zwana, change has been resisted by tions of the migrant laborers or the violence of government im- their families in the Bantustans. The panel closed with the posed apartheid for the past 35 presentation of Mr. Caopage. years. Mr. Frost was followed by He stressed that the Dr. Visser. Stressing that he dehumanization of the African doesn't support the racist and people did not begin with the repressive policies of his apartheid policies of 1948. He explained that during the first government, Dr. Visser nevertheless presented himself as a half of this century, when the spokesperson for South Africa British ran the country, the against "the campaign of Africans had their lands taken vilification" being directed and were subjected to exacting ,' labor conditions without the against-it. right to form unions or strike. Visser stated that Dr. In the face of the growing Afrikaners like himself are working for change, and he militance of Black African proudly pointed to the reforms workers, exhibited by the strike of the Botha government wave of the 19405, South African ruling circles respondReagan _dministration finds which have granted represento the Ed . by implementing the apartation East Indian and immoral and abhorapartheid rent, and wants change. But it Coloured (mixed race) theid system: The austere wants "peaceful evolutionary minorities. He left without ever racist oppression of African change." Stressing that the explaining why these reforms people which today makes violence of revolution is also have failed to include the 72% South Africa one of the world's immoral, Mr. Frost seemed to Black African majority or to most hospitable and profitable countries for the investment of have missed the point made by improve the degrading housinternational capital. Dr. Zwana that peaceful ing, working and health condi- although the South African Wednesday night's panel government and the western discussion echoed similar press depict the ANC as a terthemes. Dr. Zwana reiterated rorist organization, its military what he had said the night strategy is in reality a before: the whites got the land legitimate and justified through the gun and decided response to the race war being to keep it through the gun, conducted by the apartheid enriching themselves by/ the government in Pretoria. enforced exploitation of African workers. Dr. Leary followed with a discussion of the international legal implications of South Africa's apartheid system and its continued occupation of Namibia. Her conclusion: the Pretoria government's policies are illegal. A/ Mr. Frost indicated that the New Waves: What's a Weem? by lud Weiksnar A member ot the audience reads his reaction to the panelists'presentations. photo by: Lisa I. Bunin. J of Mr. Goodbar, which, by the way, is the only place to find My friend and I could tell by live New Wave in Buffalo on the name that these guys Tuesdays. I still don't know what a would not he playing Top 40. No, Pageantry of Weems perWeem is, but a Pageantry of formed all original material, or them appears to consist of Bufat least nothing that I'd ever j falo keyboard wizard David hear on the radio. This night Kane, vocalist Mark' Freeland Pageantry of Weems set up of Electroman Fame, 8 (count shop in the cramped quarters' 'em, 8) synthesizers, and two white-robed lab technicians. Kane surrounds himself on three sides with lights, meters, amps and- Moogs stacked almost to the ceiling. With the accuracy of a sound engineer and the panache of a conductor, he flicks levers, turns dials, arid fingers the keyboards to produce a well-orchestrated, throbbing wall of sound. Meanwhile, Freeland sings, often unintelligibly, about rather depressing stuff. The audience's favorite line seemd to be "I don't care what your parents do; I just wanna take a bath with you." What are the lab technicians doing all this time? Mostly just sitting around, when they're not handing out fresh flowers to the women in the audience. They come in handy, though, when Kane's equipment blows up. This time they came to the Restaurant Review Let's Hit The Bunny Slope l\ II K__\Wt ><XO v*£w afi-aaaa-HB J Ist Annual Law School Winter Weekend | Where: Camp DippiKill in the Adirondack Mts. | When: March 10-13th A payment of $21 must be made by Feb Bth to II reserve your place. Payment may be made at the I SBA Office or to Anne Carberry or Brian Collins. UpiMon 4 reoruary a, ltos . rescue midway through the second set, when an innocentlooking black box started sending off green sparks and smoke during a Weem love song, "I Like Liquor Stores and Foxy Whores." After consulting with Kane, the technicians decided the best way to prevent any more unanticipated fireworks was to, unplug the black box. The' music resumed and things were quickly back to normal, except that now the audience was standing a little farther back from the stage. Like many synthesizer bands, the Weems can sound repetitious to the untrained ear after a few hours. My friend and I went next door for a Mighty Taco after the second set and never came back, even though Freeland promised that the best songs were coming up. Our flowers were wilted, and from outside the third set sounded pretty much like the first two. If you like electronic music and rough-edged lyrics, though, Pageantry of Weems is definitely worth checking out. Not only are they creative and semi-danceable, but if you get there early enough you might even get flowers. New Cafe in Town by Barb Barton The next time you spend the evening in the Law Library, struggling to comprehend the 'incomprehensible, treat yourself to a real study break and visit the Sidewalk Cafe. The Sidewalk Cafe (disguised by day as the quaint Baldy Satellite) is open Monday through Thursday from 7:00 p.m. to 11:00 p.m. The atmosphere created by the candle-lit table* is enhanced by a background of classical music and provides a restful setting for your break. The menu far surpasses anything you'll find in the second-floor vending machines: entrees such as cheese with fruit and crackers, mini cold roast beef on croissants, and mini ham and cheese on rye, to name a few. A pastry plate (including mini Danish, petit-four and brownie) is available to satisfy your sweet tooth. Alcohol (various wine., beer oft tap) is also served at the Cafe, in addition to a variety of non-alcoholic beverages. A menu is provided for each table and prices are reasonable. The managers, of the Sidewalk Cafe are tentatively thinking of opening at an earlier hour in the evening and would appreicate feedback as to student preferences. Obviously, the Cafe's continued operation depends on your support. Why not check it out this week? See you therel �- * Hear Stan Chess Discuss The New York Bar Exam Thursday, February 10th at 12:45 p.m. in Room 107 Discount in effect until February 17th. - (freeze tlie price with, a $50 deposit) -. - ' ■ BAR/BRI is the most popular bar review course \ at every law school in New York State. In fact, twice as many of Buffalo's graduates took BAR/BRI last year than all the other courses combined. _ * ■■'■.■*■ Tbere is a reason why ! . i ... . °wrn-) 5 �Natural Resources Expert Joins U/B Faculty continued from page I The "law" travels a fine line between fact and fiction. Lawyers' briefs twist reality to make it fit into clear and symmetrical visions of right and wrong. Judges don their masks and pronounce simple, general rules of behavior. Errol, discussing the first-year course he taught last semester, says, "Property law, in places, eluding the Soil Conservation Service of the Department of Agriculture; Beveridge, Fairbanks and Diamond, a Washington, DC. firm; the Environmental Policy Institute; resembles a disembodied set problem that is to be of rules (and in a sense that is resolved." Meidinger believes that truly what it is), that is meaningless unless tied to real social science can be used as a world sources and consetool in determining how law is quences. Helping the class to tied to society. The search is understand frameworks, for better ways to assess and models, and contexts is more understand the social origins desirable than attempting to and effects of legal developprovide rules for particular ment. Property is Professor situations. What is needed is a Meidinger's (who?) main inway to formulate rules in such terest (at the Lewis and Clark a way that process does not School he had the responsibilioverwhelm the facts of the ty of developing a social science research program in natural resources policy), but his experience, includes-work with a variety of government, private, public interest, and research organizations, in- National Argonne Laboratory. His recent publica- and tions include "The 'Public Uses' of Eminent Domain: History and Policy," in Environmental Law, and Interrupted Time Series Analysis. Buffalo's flatness may put a damper on Errol's keen interest in mountaineering, and it should make biking between school and his Amherst home a relatively easy exertion, but Errol describes his current hobby SUMMER LAW STUDY as "the raising of my twelvemonth-old son, Christopher." His wife, Margaret Shannon, is currently completing her dissertation in Natural Resources Sociology. Come summer, receive Sociology. Errol expects to his doctorate in Errol is currently teaching a course on Natural Resources and a seminar on Theories of Property. Natural Resources is a law and policy course seeking to probe the basic issues that pervade all natural resources management while the seminar will explore models, justifications, and critiques of alternative property systems. In Alexandria I Dublin Guadalajara London Oxford Paris RESUMES TYPESETTING INVITATIONS ' University! Press LOGOS POSTERS 56s Harriman Hall 9:30 am. to 4:15 p.m. Wed. evening til 7:15 p.m. Russia-Poland San Diego For information: Foreign Law Programs Univ. of San Diego School of Law Alcala'Park, San Diego CA 92110 flyers BUSINESS CARDS STATIONERY 831-2588 IDim't NEWSPAPERS Convenient location on the Main Street Campus! I Be Left Out! "of the The Buffalo Law School Entertainment C ard Get In On the "Social Opportunity Year 1 I 1 All those interested in enjoying good food, drink and entertainment, at low prices, read this! In the hopes of providing law students with relaxing, enjoyable entertainment, at low cost, the Commencement Committee has obtained agreements from area proprietors for discounted food, drink and entertainment. The way to take part in this money saving opportunity is to purchase a Buffalo Law School Entertainment Card. - The purchase of the Entertainment Card will enable its holder to obtain discounts at the following area bars and restaurants: The Scotch-n-Sirloin, Bullfeather's Pine Lodge, Rooties Pump Room, P.J. Bottoms, Grandma Lee's in the University Plaza, Syracuse's Pizza Plant in the Northtown Plaza and Clarence Mall, and Demo's Restaurant at 516 Delaware Avenue. The Entertainment Card will also entitle its holder to purchase discounted movie tickets. These tickets are valid at all General Cinema Theaters across the country, including in our immediate area, the University Cinema, and the Boulevard, Eastern Hills and Thruway Mall Cinemas. These movie tickets will be available for $2.75, a savings of $1.25 off the regular ticket price. 1 In addition, the purchaser of an Entertainment Card will also receive a discount on Law School social events. Upcoming events include: 83 Days Party and Cocktail Dance Don't miss out on this social opportunity of the year! The Buffalo Law School Entertainment Card may be purchased for $10.00 at the table in front of the library. For more details on the discounts available, inquire at the table. Opinion 6 February 8, 1983 '......' i i i i i r r fr I- r r I I- I II I ' �I I I j I ' 111 "^^i^i^i^«--__^«-^i^-»^»-^_pi___^*Pp________B_______W_H | BAR/BRI Discount Deadline: | February I I 17th\ Freeze the price with a $50 deposit (to be applied towards the full cost) I Irving Younger C omprehensive I II IfI II CPLR Course will be offered at the end of February. Times to be posted. Information and sign-ups at the II BAR/BRI table. MPRE Test Date is Friday, March 18th. Testing Service Application Deadline is February 18th. Information at table. Irene Hirata Sherri Samilow Sara Hunt Chris Renfroe Tom Ginter Anne Carberry Ann Demopoulos Leander Hardaway John Curran Kurt Amend Steve Sheinfeld Susan Gray-Donadio Jon Solomon Joe Ruh Kirn Crites Judy Holender Molly Zimmermann 11 11 II II II BAR/BRI representatives: Rick Roberts Carol Guck Jan Davidoff Carmelo Batista I Mark Reisman Julia Garver Ron Osson Karen Russ Jill Paperno Neil Dickson February 8, 1983 Opinion 7 �Wilson Irritating by Mike McGorry Just' jotting down a few thirtgs while wondering whatever happened to make Rick Roberts walk around on his knees all of the time. QUERY: Wouldn't the Baltimore Colts, a team in dire need of a fast, quick running back and a team with two young quarterbacks, jump at the chance to trade away their first draft pick in the NFL. draft (and the right to bid against George Steinbrenner for "Superquarterback" John Elway's services) for the likes of a Joe Cribbs, who says that he will not play in Buffalo next year anyway, and one of the Bills' two first round draft choices? There is only one problem with the deal: Ralph Wilson, the owner of the Buffalo Bills, would never pay the required amount of cash needed to get such a star. Speaking of Ralph Wilson, it does not seem that he can make any greater profit by having a Super Bowl contender, than he can make by having merely a competitive team. Year in and year out, Buffalo fans flock to Rich Stadium to see a team that is good enough to have a chance of beating any team in the league, but which is only barely good enough to win a portion of those games. Each year the Buffalo fan is connived into believing that this year's team is the team that is going to win the Super Bowl, Buffalo's Faithful Fans tivities held in that stadium for a twenty-five year period), and a loyal group of fans that have consistently supported profesdefinite lack of talent. Each year Ralph Wilson sional sports franchises in the ranks among the top owners'in area as long as the team is the league in making profits. making a good-faith effort to He does this by keeping his win. Mr. Wilson is very much in payroll at such a low level so danger of following in the as to alienate and/or eliminate learned footsteps of John Y. such contributors as Jerry Brown and the Buffalo Braves. Butler, Joe Cribbs, Amahad Buffalo fans will only be made Rashad, Tom Cousineau, Fred fools of for so long, and a Smerlas, Jim Haslet, Joe beautiful 80,000 seat stadium Dellamalure and Chuck Knox does not make much money ffpm this payroll. In keeping when it is empty. his payroll low, however, Wilson does not forget to make sure that these same persons whom he has alienated Intramural Scene are so mad at him for their The intramural basketball plight that they perform at season has reached the halftheir near-best so that they can way point and FUBAR and the eventually leave the Buffalo Buffalo Braves are still organization for greener undefeated. These two teams pastures elsewhere after their face each other in the last game of the regular season contracts expire. Mr Wilson realizes that he it should be a great game. need only field a fair team to On Sunday, January 30, try-, make a huge profit. To have a outs were held for the Law great team, however, Wilson is School Basketball team which required to dig much deeper will compete in the Bth Annual into his pockets than he is Western New England College willing to go. This added in- School of Law Basketball vestment would do nothing Tournament in Springfield, but reduce profits since Rich Mass, at the end of February. Stadium is almost always sold This tournament annually out anyway regardless. brings together as many as 45 Ralph Wilson has been given law schools from around this by Western New York what any country for a weekend of and every professional sports basketball and conversation. owner would dream of having: Last year, SUNY/Buffalo fina beautiful, 80,000 seat ished in third place and stadium (of which Wilson brought back a large trophy. receives a percentage of the Those players returning from profits from any and all ac- last year are Jim Kelleher, only to face reality at the end of the season when the Bills fail to win because of a — — Pieper Bar Review Will Be Given In Buffalo (Summer 1983) Discount Still Available! Informational Meeting (wine and cheese) Tuesday, February 8, 1983 3:30 p.m. 108O'Brian Or Contact: Donna Humphrey Box 691 Priscil-a Corkrey Box 623 Peter Hogan, Mark Sacha, Bob Heftka, and Mike McGorry. Joining his year's team are Arthur "Four Year Plan" Garf inkle, Joe Ehrlich, Tim Sheehan, Mark Scarcella and , Larry Regan. Word has it that Intramural Volleyball will be beginning very soon. For information, please see Julia Garver. On the racquetball front, there is a constant battle between Rick Roberts and John Hart for the No. 1 ranking in " the law school. At the moment, Rick had just regained his No. 1 position with a narrow victory over his arch rival Mr. Hart. While Rick is gloating over the result, John is claiming revenge in the near future. Chapel Hill Reps continued from page 1 represented by Wayne Gradl and Ben Zuffranieri, and U/B will also have one team composed of students from outside the Moot Court Board. A number of other moot court competitions will also be conducted during February and March, 1983. Molly Roach and Jim Wilder will represent the school at the Guerney competition in Pittsburgh on February 11 and 12. Joel Mayersohn, Caroline Messana, and Stewart Wurtzel will take part in the Robert F. Wagner Labor Law Competition in New York City from March 24 through 27. And four students, John Curran, Len Gulino, Kirn Copeland and John Quinn, will take part in an Appellate Advocacy Competition later this spring. If we didn't need your help on The Opinion, would we be running this ad? Of course not. Visit us in 724, or drop a note in Box 1, 19 or 764. sssss ' ' ALL Law Students Attention Come to the Organizational Meeting of the Newly Chartered Buffalo Entertainment Law Society On Wednesday, February 16,1983 At 3:30 p.m. in the first floor lounge Bring Your Questions and Ideas!! For further information please contact: Melissa Rosse Box #465 DanElias Box #331 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-02-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/8/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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This year's coveted heated debate, Lenny, who's best brief award went to the on Law Review, won out. third year team of Al Plywood Rather than break up the and Leonard Sewing Machine. research by each taking one of Al and Lenny began their the two issues, they decided it research last Spring, even would be more efficient to before the problem was writ- divide up the problem by ten. "We figure we'd just do sentences, with each taking general research in all areas of every other one. When viewing the law to cover all possi- the problem in this manner/AI, bilities," Al explained. a second time competitor, In order to get a headstart noted the striking similarity to on the other competition, Lenlast year's problem, which ny and Al camped out in the dealt surrogate with Moot Court Room the night motherhood. Al stated: "You before the problem was see, like, urn, both problems distributed. "It was fun," Len- had a plaintiff, a defendant, ny said, "Kind of like a con- and one of them was suing, cert, Al sang to me all night." (giggle) Also, there was an At noon, the problem was opinion, a lot of big words, and distributed. Being first in line, a free dinner after the final Lenny and Al had a seven se- round, (giggle)" Al, therefore, cond start on the others. As was able to cut his research they found out later, this edge time dramatically by incorwas crucial. At 12:06, after porating most of the careful analysis and synthesis arguments he used last year in- one of the following three bad faith harassment, irreparable harm, and inadequate safeguards is sufficient to procure the injunction, we have all "Award-winner Plywood dictating brief to his typist." brief. as Lenny put it, "My housemate is on the Board, "It is abundantly clear that and he doesn't know shit." the defendants, Dr. Olman and After numerous rewrites the Superintendent Kazenburg, following morning, they felt cannot claim immunity in this they had produced a polished case. This fact is so clear, that I gem of a writing sample of need only cite two or three which they could both be cases to prove it. I do not even proud. They were praticularly have to sheperdize these cases proud of their meticulous at- because no self respecting apready to start writing. Al and tention to proper grammar, as pellate judge would ever Lenny waived the services of a noted by this representative reverse or erode the standards Moot Court advisor because. sentence. "A showing of only they have set forth..." continued on page 3 this year's brief. Lenny, however, was not as fortunate. He was forced to miss two Agency and Partnership classes and one Future Interests class in order to meet the high standard he and Al had set. The next day, with their research completed, they were to Onion LIVE FROM BUFFALO It's Tuesday Morning three." Since the content of their brief was so air tight, they decided to omit extraneous parts of tbe brief such as the Table of Authorities, the Statement of the Case, the Opinions Below, and the Statement of Jurisdiction. After all, as Al said, "I did all that last year and I didn't get on the Board." The following are a few excerpts from this year's best All The Slander Fit To Print "Only the pathetic have no Onion" December 7, 1982 State University of New York at Buffalo School of Flaw Vol. 4, No.l S'bw'y Under Ct. Order UB Law Student Gets A Job! any significance. Needful of a by Tom Thomas plaintiff, he advertised for an In a groundbreaking deci- Aleutian contractor. SurprisThe Placement Office sion that has sent legal ingly, a U.B. law student, Jef- OOPS! I mean the Career scholars scurrying for their frey Antin, stepped forward. Development Office is Civil Rights Nutshells, Federal Claiming Aleutian heritage, he atwitter, or perhaps even agog, District judge John T. Curtin pointed out that he had done over the latest development in has ordered approximately 1.2 some snow shovelling on his modern, scientific, and profesmiles of completed cut-rock native Long Island. In addition, sional placement I mean tunneling, in which track for he had diligently studied cor- career development technithe Buffalo Light Rail Rapid porate law under U.B.s fine ques. Excitement has not been Transit System (L.R.R.T.S.) has faculty and believed himself this high on the Third Floor already been partially capable of incorporating his since last year's controversy assembled, to be refilled with snow removel 'business.' Never over Creative Resumes and "dirt and rocks." In addition, a favorite of advocate First Amendment Rights: To pursuant to the Public Works Spiegelman since his notorious the Victor Belongs the Spoils. Employment Act of 1977, a 35 "You talkin' to me?" response Rumors of the imminent million dollar excavation con- to a seating-chart victimiza- breakthrough have even protract has been awarded to tion, Mr. Antin nevertheless mpted Oxford-educated Dean Yukon Jack Enterprises, an prevailed, and ultimately Thomas Headrick to consider allegedly Aleutian contracting found himself with 35 million dropping by his office to see if dollars worth of excavation he's received any mail from firm, to "dig the hole again." Since the long-awaited work for his Yukon Jack Enter- potential Commencement L.R.RTT.S. is coming to fruition prises. speakers. with substantial federal funThe extraordinary remedy What lies behind the recent ding, then pursuant to the refilling a hole already dug,onspate and flurry of inter-office Public Works Act cited above, ly to burrow into the earth memos, the whispered cornerhas been met office conversations, and the approximately ten percent of once again the total contracting figure of with unjustifiably harsh surreptitious reservation of 500 million- dollars must be criticism in some quarters. Colclassroom space for prime awarded to minority contrac- umnist James J. Kilpatrick time, i.e., 3-5 PM on Fridays? tors. Post-excavation auditing growled, "A typical knee-jerk, Simply this: it was revealed discovered that considerably make-work solution." Conser- this past week that one of only vative gadfly William F. SUNY Law's more distinguishless than ten percent was apBuckley, Jr., sniffed, "Why not ed prospective February 15 million dollars propriately set aside for such grant him the Sno-Cone con- graduates, a founding member businesses. When this data cessions in the underground of the Blady Bridge Coffee Class-cutting, and Criticism came to the attention of U.B. stations?" opinion, Club, and, in his role as law Law Professor Paul Enlightened however, hails this progressive clerk, the man who settled the Spiegelman, he sprang into acstep. U.B. Law Professor Lee celebrated "Fly in the Muffin" tion. Aleuts, he noted, had been Albert whistled, "Yes, er no, a case for $300.00, has accepted completely scotched in their truly new groundbreaking employment witha prestigious well, not a breaking of Buffalo law firm. Leaving aside attempts to gain a piece of this decis subterranean pie. Indeed, a new ground, but old ground'— the gentleman's admitted study of the United States con- sort of viewing old holes in a academic qualification, social struction business showed that new.— oh, you know what I temperament, and convenient Aleuts had rarely' received m«an." Fellow-travelling ethnicity in this age of John federal contracting deals of , continued on page 3 Paul 11, how, one may ask, did by Rodd DeWitt — — —— — — —— — . he achieve this fulfillment of the ambitious law student's dream? Was it by careful drafting and preparation of a sider, for a moment, the problem of proximate cause: if our student's forme - employer had decided not to 'spare the strong, yet modest, resume? By stamp or spoil the Jerk,' or, assiduous culling of the exten- alternatively, the two sive career gentlemen had decided on placeme. development literature, in- another stooly with their cluding the Pocatello Idaho lunch, this "close encounter" judicial clerkship notices and with financial security might our 1953 copy of Martindale- never have happened. SimilarHubbell? By practicing a firm ly, Mrs. Palsgraf might have yet dry handshake? Wearing ended up as just another maroon ties? Tasseled black passenger on the Long Island loafers? No, brothers and Railroad. sisters, by none of these means But, all that is mere supposiwas nirvana achieved. Read tion. On a more substantive on, and be enlightened. level, watch for "Effective It seems as if the latest ad- Elevator-Riding Technique" vance in the gentle art of fin- seminars springing up like ding gainful employment in- dandelions after a summer's volves the effective utilization rain. For in this, as in all other of a device developed and matters, do not expect that the popularized by James Otis: to Buffalo Model Law School of wit, the elevator. Our hero, the. Future will send its while in the course of proving graduates out into the cruel that old legal maxim: " clerk's world ..less well-equipped (exshoe leather is cheaper than cept,' perhaps, in mundane postage," blundered, eyes technical matters like New suitably fixed on the ground, York Practice or ability to pass (hoping, no doubt, to come the par) than graduates of across some lost change to other competing institutions. purchase the family groceries) In the interim, let me point from the elevator of the out a few useful techniques of Marine Midland building my own, learned as a result of directly into the arms of two some hurried experience gainworthies from the aforemen- ed while trying to jump the gun tioned law firm. Pleasantries on everybody else. thereupon ensuing ("Egad, 1. One trip on the elevator at Coatsworth! I do believe it's a M&T is worth seven trips on . . < law clerk of some sort!"), those the elevator at the Walbridge two representatives of the cut- Building. Of course, the ting edge of the law promptly began hurling fist-fulls of money in our classmate's direction. The rest, as they say, is History. The ramifications of this discovery are endless. Con- escalator at Main Place Mall is strictly for the hopelessly naive, or terminally optimistic, ■or constantly airsick. continued on page 3 �• Wui)_tllOri Alumni News A Vol. 4, No. 1 a.k.a. Crpißlcrfr\ _.. Editor-in-Chief Justin White December 7,1982 Vol. 23 N0.7 Managing Editor Anonymous News Editor: Feature Editor: Photo Editors: Business Manager: Anonymous Anonymous Anonymous Anonymous Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous Staff: © Copyright 1982, Onion, SBA. This lampoon issue of Onion was done in fun. We hope everyone takes this issue in the manner in which it was intended. References to real persons is purely coincidental. WARNING: The Press Secretary General has determined that taking this issue seriously may be hazardous to your health! Report On The Class of '82 law-related It has-seen six months since the class of '82 crammed into the Statler Ballroom to receive their coveted fake diplomas. After spending a fun-filled summer of eating Stan Chess pepperoni pizza and taking the bar, these lucky graduates have recently entered the real world, one very different from that found in O'Brian Hall. It was a shock to some, but parAudrey to ticularly Koscielniak, who has reported that only 3% of the graduates have legal jobs as of presstime. Some of those fortunate Gov't In-Action Guest Editorial Rhinos Have Rights Too! by Dr. Barb Bartonoceros Since the decision of Mapp v. Ohio, 367 U.S. 643 (1960), the exclusionary rule has applied to state as well as federal trials. This rule, simply, excludes from trial any evidentiary material ob- tained as the result of an illegal search or seizure, violating the Fourth Amendment of the United States Constitution. While it is true that the Fourth Amendment at the time of its writing did not refer to the rhinoceros, the author of this paper believes there is ample justification for extending the Fourth Amendment, and consequently the exclusionary rule to include rhinos. . I. Legislative History by Strep Throat Ed from mudhole to apartment. 2 Unfortunately, this rise from poverty to wealth has been accompanied by a notable rise in crime. Those rhinos who have succeeded in raising their standard-of-living are increasingly prey to the have-nots. With this increase in crime, police and other government agents are beginning to give greater attention to the rhino and are using omission of the rhino from the Constitution as an excuse for carrying out all types of illegal searches and seizures. Nonconsensual entries, warrantless searches and seizures, arrests absent reasonable suspicion, general seizures: all are being carried on under the guise of rhino crime prevention. The excerpt from a recent trial demonstrates the kind of police tactic which is now .. . . The Fourth Amendment, adopted December 15, 1971, preserves "the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and widespread: seizures. " The primary reason for its instituDefense Atty.: So. on December 10,1981, tion was the protection of American colonists police came to your home. What did they from the type of unwarranted intrusions of their homes which had been conducted by British ■ waVit? Rhino Wino: They said they wanted to ask troops. The modern-day exclusionary rule has me some questions about a liquor store holddeveloped as a method of guaranteeing this up. And they said they had a warrant to right; exclusion from trial of unlawfully obtainsearch my house. ed evidence is an attempt to deter police from Defense Atty.: What happened them? undertaking further illegal searches and Rhino Wino: Well. I figured they had a seizures. warrant uh. that they could At the time of the adoption of the Fourth search. so I let them in. I thought I had to. Amendment, our Nation's founding fathers found no reason to extend its protection to the Police searched Wino's home and found a rhinoceros. Rhinos were not then noted as cache of twenty bottles of lemon-flavored gin, political dissidents and had neither possessions nor information of interest to British Troops. ten pints of Cutty Sark, and a few bottles of a The following debate, between Benjamin cheap Catawba wine. Over the objection of Franklin of Pennsylvania and John Dickinson of defendant, these articles were submitted in Delaware, is noted at 10 Congressional Record evidence and Rhino Wino was convicted of 2nd degree armed robbery and sentenced to ten 1003, October 1791: years in prison. Police had had no warrant to Franklin: I suggest we word the Amendment search the home. 654 Rh.2d 905 (1981) A similar tactic was employed in the case of to read "the right of people and rhinos to be Limpopo Yo, a Sino-Rhino suspected of murdersecure in their persons, hides, etc." Dickinson: My dear Franklin, why should we ing his laundress. Police interrogated Yo eight include rhinos at this time? The British are hours a day for fourteen days, withheld food hardly concerned with them. Too stupid to and water for several days and beat Yo with a cause any trouble. 1 And who's going to go willow switch while calling him denigrating searching those squalid mudholes? How names such as: "stupid water buffalo", "dirty hippo" and "clumsy lummox". Yo confessed on frightfully mucky! Franklin: It's the principle, though, John. the fourteenth day. His confession was used to convict him at trial and he was sentenced to life Don't you think rhinoceri deserve the protecimprisonment. 423 Rh. Supp. 697 (1980). tion of the Amendment? Such practices should not be allowed to conDickinson: Indeed, but that's taken for tinue. Rhinos have a right to privacy in their granted by us all. I don't think we need to put homes and personal effects just as people do. They should not be subjected to the type of it in black and white. odious police behavior which we have so long Franklin's suggestion was opposed and the condemned. I urge each and every one of you who is movcurrent wording of the amendment supported. ed by the plight of these downtrodden victims to write your senators and Congressmen, urging 11. Present Practice them to include the rhino in the fourth amendSince the passage of the Fourth Amendment, ment and to ensure justice for all. the lifestyle of the rhino has changed significantly. Their education has improved to 1. Rhinos at this time were not noted for their high intelligence. the extent that rhinos now have higher-skilled, higher-paid jobs. Ten percent of the Social 2. 1980 Rhino Census figures Register in 1981 was composed of rhinos. With greater sources of capital, rhinos have greater (Dr. Bartonoceros is currently enrolled in the purchasing power and statistics show that many loint Degree Program in Law and Rhinology at rhinoceros families now have color TV, this law school. She and her colleague, Dr. Nell dishwasher and stereo, and at least one car. Mohner, will graciously accept large fees for adMore rhinos own their own homes and condressing your club or organization and imparting dominiums, and fewer than 9% have notmov- their higher knowledge to those less fortunate.) Onion December 7, 1982 .. 2 Day O'Connor and Justin employment include Ed Flint, White who is now a Bar Bri P.R. executive. Bill Sharp is who is rewriting the 1948 ediof American selling ashtrays to law firms, tion Jurisprudence. This REVIEW and Steve Cetzoff is organizing of the law is scheduled to a national lawyers basketball come out in the year 2003 in league. When asked by an Onion paperback form and will be only 57 pages long. Another reporter about the legitimacy member of the class of '82 who of including such examples of is counting his blessings these employment under the days is Glen Pincus. Pincus category of law-related, was recently appointed by Audrey replied, "If we don't inAlexander (l-am-in-charge) clude these, we'll lose our Haig to a position on the Moot status as No. 17 in the country. Anyway, compared to what Court Bench. Also included in the 3% the other members of the class figure cited by Audrey is Scott of '82 these jobs are very lawOakley who has become the related." What are other recent U.B. personal hairdresser to Supreme Court Justice Sandra grads doing, as Audrey so continued on page 4 Inside SBA enough to have by L. DeNado Che Paperno, still chewing her stubby cigar from last year, opened Wednesday's S.B.A. meeting with a brusque "hola," which was followed by an objection from one of the parliamentarians in the group. Dave Cass immediately tried to explain. The first order of business was a review of a request from the Tripartite Group to send its entire organization to a conference in a city not previously visited by any representative of the group. Cairo had been selected as a neutral location. The Board had initially voted to fund all transportation costs but upon further discussion rescinded its previous vote and approved a motion to pay only the cost of busfare. Unfortunately in reliance on the Board's initial vote, the Tripartite Group was already in midflight over the Atlantic. There was a motion to approve the minutes from the last meeting. Someone requested that the Board waive the reading of the minutes as the last week's reading was still in progress. Joe Mcßride objected. Jeff Eisenberg gently informed him that he was no tatives discussed their plans for a Clint Eastwood film festival and a special showing of Mommy Dearest. Sue Kozinn expressed satisfaction that this would also meet the needs of first year students who feel particularly disenfranchised because there are no movies held regularly in O'Brian. In discussing their past activities the A.N.L.S. pointed out their diligence in frequently emptying the change machines as well as preventing the librarians from refilling the Xerox machines. When asked about these practices, they responded, "Shut up, it's my right." The group will be holding elections shortly, since ten minutes after electing a president at their first meeing they impeached her. Next item on the agenda was a discussion of who should represent the student body on important, sensitive issues. A motion was made to have the Opinion represent the student body in such matters. It was felt that the Opinion could solicit student suggestions prior to making any decisions regarding any policy. Unfortunately, the students on the Board did not feel that they could vote on such a matter longer in a position to object. before the sentiments of the entire student body were known. The motion was tabled pending an Opinion poll. Wiebe abstained. The Social Committee staggered in late as usual after drinking up the left-over wine from the last T.G.I.T. party. They submitted their weekly request for a keg for yet another pressing social event. The Board overwhelmingly rubber-stamped their request. Wiebe did not abstain. A group of students representing the Association of Nasty Law Students (A.N.L.S.) appeared before the Board to request that the S.B.A. charter the old, but never formally recognized, group. Their proposal explained the need for S.B.A. recognition. The representatives stated that mean people have always been discriminated against in our society. They noted that people always talk about them when they are talking about others. John Stegmeyer asked whether they could get ten members' signatures in order to comply with By-law 13. They replied that they had received membership pledges from the entire student body. Jeff Shein of the Social Committee questioned them about future activities. The represen- Wiebe abstained. When Che Paperno asked why people had not been sitting office hours, there was silence. Mr. Nadel suggested that perhaps access to the office might facilitate board members sitting office hours. The President typically responded, "I've ordered the keys but they are not here yet." The Board took a vote of confidence. There was none. Wiebe*abstained. The Board overwhelmingly approved a motion by the Social Committee to appropriate $10,000 of the $30,000 left in unallocated funds for installation of carpeting, central air conditioning, panelling, a wet bar and a hot tub for the office. Subsequent to these alterations, all T.C.IIT. parties will be held in the S.B.A. office. It was .pointed out by Ms. O'Hara that T.G.I.T. parties were already being held in the S.B.A. office Monday through Friday. The meeting ended fol- lowing a motion to adjourn by Ron Osson. There was no one left to second the motion. �*P ~"| 1 ■ 7 is H l/o If/ 13 lis I I 4* T"Tr wis "~"iltj |7r — ""Hi ■ Ja3 ■ —" **T| — ■55 I KST ■Pi I 107 I I I HHp* ACROSS 1. 7. 14. 15. 18. 19. 22. 23. 25. 26. Neil Higgins'favorite band Present 3rd yr. student with , 40. 2nd year student Rob Turkewitz will never be one of these New Course by Bob Bluejay A new Bar Review course was announced today, and will soon be offered to U.B. Law Students. The course consists of six weeks of nothing but Judge Wapner decisions rendered in "The People's Court." Every conceivable cause of action is covered, with many creative arguments regarding grounds for liability. Incisive discussions by Kurt Llewellyn and Rusty will follow each videotape. Students will be paid to take this course, out of a fund established by successful Opinion Spiegelman if this was indeed apex of his distinguished career in litigation. "Not really," he said. "The American contracting business is a multi-b/7//on dollar affair, and although 35 million is a good start, it's just that and nothing more." But unable to completely write off this master stroke of advocacy, he grinned and added, "But, after all, Nome wasn't built in a editor Earl Pfeffer smiled and, paraphrasing a recent and much-beloved former President, commented, "Ich bin em Aleut." "That's right. Earl," answered Mr. Spiegelman, as he locked his fingers behind his head, leaned back in his office chair, put his sandals on his desk, and flipped over backwards. Regaining his seat, he added, "We're all Aleuts." This reporter then asked Mr. the day." . by Yick Wo 1 Contorts 2. 187 Englewood by the G,immer Twins 3. The administration's handling of the Corporate Tax problem 42. Many of our law professors 20. The animalistic side of your look to this 20th century 4. Mike McGorry's self image personality leader for guidance 21. John DeLorean was caught 5. The.Office of Admissions 43. man, 2nd year stuwith this up.his nose and Records during the record for least classes at- 44. 46. tended 47. 3.1415926.... It used to be big and smelly; 49. now it's just big 50. that is, Latin abbr. Ken Joyce is a fan 51. 54. They have Whoppers (abbr.) Son of Sam's best friend sh-t! "Crossroads", "Badge", "Sun- 55. shine of Your Love" a feel or a plea 28. _West 29. 30. Where Valley Cirls live, abbr. 32. It had a 98% pass rate on its 1981 winter bar (I use the term "winter" lightly) 34. Captain's 35. What Orson Welles always says at dinner 36. SBA secretary 37. Fa, sol, ti, do 39. Rick Roberts doesn't act his S'bw'y Under Ct Order ____■ ■P' C ros sword continued from page 1 dent A social committee event Hello to 1 down -man The best thing to do if called on in class sth floor library office; abbr. Coming to Buffalo was this Ex-professor who holds the worldrecord forTwizzler consumption at one sitting 3rd year student Al Wood emulates this dead star , DOWN 1. Jeff Antin 24. Craduate School Entrance Exam 25. Santa word 27. "Spot" 29. the Merciless, Tremendoz Ist baseman and Flash Cordon nemesis 31. Lori, Julie, Ist year trio 33. You call them when your car , 38. breaks down, abbr. Unmarried first two weeks of classes 6. Katz's approach to first Movie Match Apocalypse *• Paper Chase Now Shoot the Moon *• Six-pack D °c ' £• year women "• 7. Ken Joyce's typical dinner • 8. The Law Library '• bathrooms on a Sunday 9. What the Dean's son did. 10. Rich Wiebe 11. The career most of us will pursue after graduation * Taxi-Driver 2001: A Space Odyssey The Greatest Which Way Is Up? Seduction Dr. Strangelove The Invasion of the Body Snatchers Woman 40. Brazil, Pecan, Schlegel 41. What you say after a good fart 43. Authoress of famous "Mann Outline" A good lawyer should have at 44. Tit for (It's not least one what you think) 4. A person who dates Natalie 45. Peter Murphy heads this U.B. group Wood, among others 5. Before, poetic 47. Between a birdie and a bogie 6. Monty Python's 48. 187 Englewood walk skit 49. I Love You', 9. A lot of law students are full Beatles tune of this, abbr. 51. A favorite topic of a 3rd year 10. Stenz, Martin, Reiner, etc. female singer -a-dink-a-doo 52. To go, Spanish 11. 16. Phone home 53. Overhead Railway 2. , from Student Gets Jobcontinued • •• 2. The elevators at City Hall have their very own elevator operators, all of whom are possessed with an awesome command of the English Language ("Up." "Down." "Sixth Floor."). Unfortunately, they're already graduates of U.B. Law. 3. After a dozen trips on the elevator at the Brisbane Building the only offer I got was as apprentice mechanic on called the something Lawmobile. (I start next week. Stay away from my tuff, turkeys.) 4. The elevator at the Rath Building can be productive as well as uplifting (sorry about that) since you can apply for plaintiffs in Judge Wapner's Welfare as long as you're already there. court. 5. You can't get near the Be advised that this'course at Buffalo Savings the elevators you for NOT prepare will New York State Bar Exam. Bank, since the guard is under However, as U.B. Law School orders to turn away anyone doesn't prepare you for the bar looking like a law student either, you may as well sign up. $300.00 suits and mud- — page 1 splattered shoes. 6. Never, never ride the elevator in O'Brian Hall. All I got in eight hours of riding was severe vertigo, culture shock from gum-chewing, Walkmanwearing undergraduates, and an offer from Associate Dean Schlegel to serve on the Loyalty Oath committee. Hopefully, my personal experience will be of some value until Career Development begins its formal program after Christmas. As for my nowemployed friend, he, ever modest, attributes his association with a heretofore exclusively Anglo-Saxon firm to the current world situation. He intends to drop a thank-you note to Lech Walesa just as soon as his secretary gets back from her vacation in the Bahamas. If his theory holds true, I suppose that I had better start hoping for a coalmining disaster in Wales. Brief Award.• • • continued from page 1 "Do you need any more cases? I hope not. But if you do, here is another one that might be good for our side. We're on a roll now, so don't stop us. If you have any time though, so only skim it..." "If you can find an argument in my opponents brief that specifically attacks the above argument then you should consider his position. If not, and it must be a specific check this case out: "Delatte v Cenovese 273 F. refutation of the above logic, Supp 654 (ED. Ca. Ca. 1967) under Moot Court rule one, This is another violation of then we win. And if we win, that Eight Amendment thing you must give us money " and involved a coroner. The "Let us end with this simple court found that the coroner syllogism: The Appellant is was not immunefrom suit. The right. A judge who does not coroner said, "You stab 'em we decide a case right is a turd. In slab 'em," but the Court did case you can't figure it out the not laugh, and decided against conclusion is that if you don't him. He abused his discretion decide this case in favor of the and so did Olman Enough said Appellant you are a turd." about that case..." Lenny and Al decided to "I'm not going to mention my. opponents case in this forego oral argument and rest brief. See his brieffor this argu- on the laurels of their brief. ment. It's not very good Well done, boysi Onion December 7,1982 3 �Commencement Speaker Still Possible Intramural Scene MeGlory In Excelsis Deo by Mike "Me" Glory Search Continues by Candy Barz the evening. By the way, I have a lot of friends, and an article Hi there sports fans! Boy, do As the. Onion went to press, I have lots of exciting tidbits in the Onion seems like ah ap- the 1983 Commencement for you all. Let's see... This O.K. Most of you peons propriate place to tell you-who Committee was still unable to morning I got up and went for would have been exhausted at they are: Joe "Big Country Big name a speaker with any a terrific jog. I usually only do that point. But that's what Guy" Ehrlich, Lou "A Law Studegree of certainty. It was five miles, but today I pushed divides the men from the boys; dent and a Gentleman" Algios, originally hoped that an myself to eight. I knew I could the leaders from the followers; Mark "A Horse is a Horse, Of honest-to-goodness Supreme do it. I can do anything. the spots from the nots. I ac- Course, Of Course" Sackstein, Justice could be lured inAfter writing my "D-C," tually played an entire football and Dave "The Italian Court to speaking. Hopes were "C.P." and "G.T." outlines over game this afternoon. Needless Stallion" Moretti. when Dean Thomas fanned my bowl of Wheaties, I played to say, we won, thanks to yours Incidentally, the law school Headrick informed the some B-Ball. Mind you, this is truly. Now I don't want to brag basketball, Softball, football, that full-court, after having jogged or anything, but I played hockey and racquetball Speaker's Committee attorney and local famous eight miles already. So anyway, quarterback and tight-end. At leagues are all doing well. popular (and we mean Well, I see my space has run ever I just played amazingly well. I the same time. ever) adjunct faculty member Omigosh, I almost forgot. I out, so I guess I'll sign off now. scored thirty points (it should Mugel had past professional have been thirty-four points, scored seven (or was it eight?) This is Mike "Me" Glory, I'm Al with Justice John connections 'cause the ref missed two bla- goals in my hockey game in great and your're not. Paul Stevens. Efforts were made throughout the summer to encourageMugel to contact Justice Stevens and intervene (beg?) on our behalf. These efforts ended recently when Dean Headrick met with Mugel before Future Interests I I I I tant fouls), got "sixteen assists, and too many rebounds to even count. WORRIED ABOUT THE BAR? DONTN TAKE OUR COURSE!! Through highly competitive bidding we have managed to secure the best instructors you could possibly ever have. Ever wonder how all those derelicts who sit outside the library for hours pass their courses? Wouldn't you like to be able to drink your face off this summer and still pass? Our proven methods have gotten students through courses for years. DERELICT REVIEW COURSE IMark Ken I • "In the sth" Sackstein "T.V." Hiller Dana "Burnt" Brutman Joe "Get off the couch" Ehrlich . Mark "I'd rather Well, polyester is alive and living well in O'Brian Hall, as evidenced by this year's Moot Court competition. Strangely enough, most competitors wore gray or navy-blue suits, and most of the men wore ties. The women this year were clad in more revealing outfits then ever. A few skirts were reported as having slits up to the armpits. Some participants Brian "Lush Collins" Jerry "OTB" Allen Jeff "Do-a-bong" Shein Rick "Lounge Lizard" Roberts John "Racquetball" McAulifee Scott "I sell this course too" Nadel Glen "Why waste time in class" Burn be cleaning" Reisman wore no blouses under their jackets. The jackets, however, would remain buttoned until a competitor was stuck on a Special Guest Instructor: Ken "I'll have the grades in by June" Joyce ■ Movie Match Solution Hf H _F Amk _\ _r _ff __*£& 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. (F) (X) (H) (c) (A) (i) (D) (B) (c) (j) to ' __W*_w_ __WW__ ; «*>■■■■ ■■;-.' m 'i - __ -■ *-Am*!:. -*W- i-A____ ______# ™-'i£ ? i^affl*l-;:-_i-- __^fiys-l-__________i ____aft ¥!»* JNh§ 1 m_¥?%Wm__m mm _M_? m ■ «____L-J__2__ , ■■ A tm____i _r v^-ftf-ir-■ ■ fl-_rl--B |Sb '_ '__-\ '-L~'*_mi-W-_m ■ ___ *- ____■ d I o \__ __ Btlcli p __■ ___■ l ___P m & v in our arguments." decided to go into politics and is currently running for director of Public Safety on the Amherst Campus, and last but hot least, Lynne Monaco has decided to reclaim the throne from Prince Ranier. Audrey predicted last week that 3% inflation rate would soon increase, just as soon as she could figure out a way to classify these jobs as lawrelated. i-_i___H :^' i_mS^ h _l IIC B ■■& the same undershirts and socks which we had worn last night playing baseball, without washing them. That way, the judges would be distracted and would not notice the holes claims? According to recent placement office survey, most graduates are having to find careers in other fields. For example, Ralph Peters has joined the staff of the National Enquirer as its Star Reporter, Flo Bridges has joined the convent and is teaching high school writing. Ruth Pollack has opened up a dude ranch in Long Island for people from New Jersey, Bill Altreuter has : &W M. " tough question. A couple of the more interesting color combinations were blue eye shadow with a tangerine shirt, and orange lipstick with a purple shirt. Some of the women were also uniquely attired. Competitors Steve Skunk and Pee Ewe had an interesting strategy, "We decided to wear continued from page 2 &f___W_mwH_\ ; ____rT___l '■■'■>' - Alumni... Crossword Solution __RR§Mi' Marina. Its contents (the speech not the trash can) are being analyzed to determine whether Mr. Pauly will be a suitable candidate. In the hope of attracting a brilliant legal mind, the committee is considering the possibility of approaching that famous defender of murderers and child pornographers, Herald (Harold?? Herrald?? ah whatever) Price Fahringer. While the Committee is unsure of whether Mr. Fahringer himself will be available for commencement, we have been assured that we can replay the videotape of his presentation given in connection with the Mock Rape Trial held on September 24 of this year. (Provided, of course, anyone in the class and discovered that Audio-Visual Department is Mugel had in fact died five willing to set up the A-V equipment for the stipend that Dean years ago. Other options are presently Headrick is willing to pay a being explored. The success of speaker.) Anthony Lewis as a speaker at Hopefully plans will be the 1980 commencement led finalized by May 20,1983. This us to pursue other journalistic is necessary in order that the giants as potential speakers. Committee have sufficient Talks are underway on two time to send bus tickets to the fronts. Both John Pauly, Chan- speaker and make his or her nel 7 investigative reporter, reservations at the New and Tony Farina, who fills the Roanoke Hotel. More from Moot Court by Wanta Somef lair Please see the following Reps: Jeff (Spike) "Are you talkin' to me" Antin Joe "Nutshell" Mcßride same capacity at Channel 2, have been contacted. Mr. Pauly left a draft of his speech in a trash can near the Erie Basin Law Suits Tried (On) Why work hard when you don't have to? || I ' ■viol give my right to be financial arm) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-12-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/7/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9ab5946e39cdaaf7731d221a4b59956a.pdf 2527c5accb26e254f375ed28eea34cc0 PDF Text Text THE OPINION Nov. 30,1982 STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OF LAW Vol. 23:6 BALSA AND HANALSA Sponsor Annual 'Law Day' by Vivian McWatt On Saturday November 6, 1982, the Black American Law Students Association (BALSA), in conjunction with the Hispanic, Asian and Native American Law Students Association (HANALSA) sponsored ÜB's annual Law Day. BALSA and HANALSA are organizations consisting of BALSA Community Liaison Dewette Aughtry with Dean Headrick on Law day panel. photo by Gary Games Environmental Vice Squad UB Crad Goes After Hooker by Lisa Kandel Heights Property Owners Association and County Niagara Falls Attorney Lewis Steele is currently working on two law-suits against Hooker Chemical. The 1980 University of Buffalo Law School graduate has his own legal practice in which he concentrates on public interest law, especially environmental issues. One of the suits against Hooker which Steele is pursu- ing concerns the Hyde Park Landfill Agreement which was reached between the government. Hooker, and affected residents. Although Judge Curtin, United States District court for the Western District of New York, rejected Steele's motion on behalf of College Citizens Alliance to block the settlement agreement, he did grant their motion to intervene. According to Steele, this right to intervene is very significant because "for the next 35 years [these] people will have a role to play in the implementation of the agreement." In addition, a class action suit for $100 million for com- pensatory relief and punitive damages was filed on behalf of all those affected by the landfill. In view of Judge Curtin's prior decision of preventing the alteration of the settlement agreement, Steele is not overly optimistic about the outcome of this suit. Rape Laws Pending by Anna Marie Richmond for A.W.L.S. It is legally impossible for a husband to rape his wife in New York. The N.Y. criminal .law of rape defines a "female" as a women "who is not married to the actor." "Not married" can include separated spouses only if there is a court order, decree, or a written agreement signed by the parties "specifically indicating that the actor may be guilty 0f...a crime for engaging in conduct...proscribed by this article." (New York Penal Law subdiv.2.) In recognition of the importance of the issue of marital rape and sexual abuse, the Association of Women Law Students is sponsoring a letterwriting campaign on the bills. The other suit against Hooker which Steele is litigating concerns the contamination of Niagara Falls drinking* water. Hooker operates a four-acre landfill located within 200 yards of the city's water filtration plant. Steele is representing a Niagara Falb citizens group in this $1 billion suit. The complaint accuses Hooker of negligence, trespass, assault, battery, engaging in ultrahazardous activity, and causing mental stress. Because federal and state government suits are already pending against Hooker regarding this same issue, Steele is trying to get the federal court to allow the group he represents to enter as a third party. Because no settlement has been reached between Hooker and the government, Steele is optimistic about the court allowing his clients to intervene. Niagara Falls citizens cannot depend on the government to protect their interests, Steele said. According to Steele.the legal system is structured and financed so that defendants have all the necessary resources. As a public interest lawyer, Steele is primarily concerned with people and organizations that don't have alot of money. "It is phenomenally expensive for one to have one's say in court," he said. "It takes more Wednesday, Dec. 1, A.W.L.S. volunteers will staff a table in front of the Library, providing writing materials, information on the three bills and suggested letter wording(for those who don't feel creative). We urge you to take a few minutes to pen your views to the State Legislature on this issue. money to access the system," Postage will be paid by he continued. The legal system §130.00 subdiv.4) won't necessarily protect those Three bills which aim to A.W.L.S. Other A.W.L.S. projects for without money. "If you don't remedy this situation are pending in the New York State the coming semester include: have money, you'll lose," he Legislature. A.5716 would seminars for careers for added. Because of this inevitable make rape a crime when the women in the law, lobbying for parties are married but living women's rights at the Women imbalance between the parapart without legal separation. and the Law Conference in ties, the law school can and Washington, D.C., and the im- should act to funnel resources A.5717-A would make agproper sexist interview ques- in the direction of public insexual assault a gravated terest law, Steele said. The law crime regardless of the parties' tionnaire project (questionCareer in naires are available would school represents a communistatus. A.5534-B marital repeal the definition of Planning and the A.W.L.S. of- ty of knowledge. Ifto this "female" in NYPL §130.00 sub- fice). Meetings are alternate knowledge wee applied pardiv.4. It also removes the Thursdays at 1:30 p.m. in Room ticular problems, it could have next scheduled a very significant effect. marital exemption from the 10, (the 12/2) and are open definition of deviate sexual meeting is continued on page 5 to interested students. all §130.00 (NYPL intercourse." -i, ; i i ■ i*-i r i■* l 2 _* - j students dedicated to the study of law. The respective and collective goals of these two organizations are not only the enlightenment and advancement of their respective peoples, but of the Law School and Buffalo communities as well. They are organizations dedicated not only to ethnic and minority identification but also to assimilation into the law school. The title and theme of their conference was "Steps Toward Equal Justice." In keeping with that theme, the two organizations attempted to present the Buffalo community with an aspect of the law which might be unfamiliar to many: how City of Buffalo. To facilitate this end, there was a community workshop. The speakers were Judge Trammel and Buffalo Law School professors Alan Freeman and Charles Carr. The topics discussed were the impact of criminal procedure on minorities and landlord-tenant law. Next on the agenda was the "Coping With Law School and Maintaining Identity as a Minority Professional" workshop. Since this is a very broad subject the workshop was divided into two parts. The first part concerned coping with law school and was presented by participants Rodriguez, Carr, Assistant Dean Vivian Garcia, and students John H.Faria, Jr. and Ron Osson. This workshop was geared to the beginning law student. Basically it consisted of veterans and near-veterans of that horrifying experience called "Law School" telling the neophytes that with diligence and perseverance they can make it. The panel itself was the law affects minorities to- living proof that there is inday. The Law Day participants deed life after law school and attempted to discuss law in a that it is a survivable expositive light, both as a career perience. The second part of the "Copobjective, and as an integral part of our society. ing" workshop was called BALSA and HANALSA were "Maintaining an Identity as a especially pleased with this Minority Professional." The Law Day because it featured distinguished speakers were the participation of many suc- Ms. Sconiers, Mr. Figueroa, cesful minority professionals and Dr. Robert Palmer, Direcwho graduated from this in- tor of the Equal Opportunity stitution. Among them were Program and acting ViceJudge Wilbert Trammel of the President at ÜB. Ms. Sconiers Buffalo City Court; Rose was a big hit. She discussed being female as well as a black in Sconiers, Esq., Executive Director for the Legal Aid Society of the legal profession, and she Buffalo; Carlos Rodriguez, encouraged all those who had Esq., Public Defender, City of feelings of insecurity based on Rochester; and Raul Figueroa, race or sex with her very Esq., Assistant United States positive attitude, exemplified Attorney for Buffalo. by her statement, "I'm a lawyer As this year's symposium who happens to be female and was aimed at a very diverseaublack." Mr. Figueroa talked of his dience, an attempt was made to provide a workshop which being a Latino lawyer and the would appeal to anyone will- problems he has encountered ing to attend. Since the focus as a result. That theme was of HANALSA and BALSA is echoed by Dr. Palmer's discusschool, the program was sion of being a school adoriented towards law students. ministrator. The main message gleaned But the two organizations also focused much attention upon from their respective and colthe minority community in the continued on page 5 . HANALSA Travelers, from I to r Anthony Craziani, Faria, Camelo Batista. See Story page 6. lohn �Letter to the Editor Tuesday, November 30,1982 Vol. 23, No. 6 Editor-in-Chief Earl R. Pfeffer Managing Editor Glenn Frank News Editor: Feature Editor: Ray Stilwell Mary Ellen Berger Gary Games Photo Editor: Arts Editor: John Stegmayer Frank Bolz Business Manager: Staff: Wendy Anne Cohen, Lisa Kandel, Michael McGorry, Jud Weiksnar Contributors: Carmelo Batista, Jr., John H. Faria, Jr., Joel Gorinsky, Vivian McWatt, Anna Marie Richmond, Wendra St. Claire. © Copyright 1982, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. From the Editors Exams and Honesty The two memoranda issued to UB Law students the second week of November ("Examination Procedures and Policies" and "Policy on Academic Honesty and Examinations"] reveal a contradictory administration policy on student honesty: on the one hand we are placed on an honor system which demands that we exercise considerable good judgment and maturity when taking our exams by swearing to refrain from all forms of collaboration. At the same time thedeans have issued strict procedures and guidelines to be followed by students who wish to reschedule examinations. According to the recent epistles, it is only under exceptional conditions that students will be permitted to reschedule examinations to more convenient and less burdensome times. We find it odd that an administration which extends to students the higher responsibilities inherent in taking an oathof honesty byremoving proctors at exams and by continuing theold (but not scandal-free) policy of permitting take-home examinations, should at the same time hold so stubbornly to its prearranged testing calendar. It gives credence to the assertion that the exam schedule is being used to rectify registration imbalances caused by inadequate course selection. (See Letter to the Editor] Putting aside the absurdity of the administration's position that students whofind their examination schedule oppressive have no right to complain because they had notice of theschedulewhen they registered, we believe that the administration's intransigence and inflexibility on this matter flies in the face of the trust exhibited by the implementation of a more expansive honor system, and renders hypocritical their professed commitment to higher standards of academic honesty. If UB were actually operating under an honor system, the rescheduling of examinations would not even be an issue. Under a true honor code, we, as responsible and trustworthy adults would be expected to arrange our own exam schedules. The examination period would operate by the use of "floater" exams which have been a preferred testing mode of many professors in the past. During the two week exam period, students could choose when they wanted to take each exam, basing their choice upon a configuration or school, work, and family responsibilities. One might argue that such a system is too unstructured, cumbersome, and impracticable, placing too much strain on A&R; we don't agree with such an assessment because students could be required to submit their chosen examination schedules to the registrar at some time well before finals are scheduled to begin. In any event, some procedures could be arranged which would satisfactorily enable each student to use his or her own best judgment in arranging an exam timetable. The most likely objection to such an arrangement would be that such a system would lead to rampant cheating, plagiarism, and collaboration. If such an assessment is true, then it reflects poorly on both UB law students and the legal profession as a whole. If the reason for not opening exam scheduling to a bona fide honor system is reserved mistrust of the students, then the present policy is a patronizing sham, designed merely to create the impression that we are expected to operate under an internal code of trustworthiness and honesty, but in fact denying us the opportunity to perform under our own standards of right and wrong. Perhaps the Buffalo Model should incorporate a genuine code of honor into its fabric. Higher standards ofethics and honesty in the legal profession will only emerge when every attorney possesses an internal commitment to a higher level of professional and moral responsibility. If we haven't adopted a commitment to honesty while we're in law school, then we can hardly be expected to exhibit a different standard when we're practicing professionals. If student dishonesty makes an exam system such as we propose truly unworkable, then it is a poor reflection on our future profession and renders our Code of Professional Responsibility little more than a gloss designed to appease a rightfully cynical public. And it reveals the great failure of our legal education (and the Buffalo Model!) for not finding ways tq impart higher levels of trust and,r\onor onto thestudents of this institution. 2 | • Opinion , . . , .November »0,/1982 New Exam Policy Is Ridiculous students want. The sanctity of the Buffalo Model must be Once again the law school preserved. The dean has suggested that administration has exhibited its total lack of concern for the he has no control over scheduling, saying in effect, the proneeds of the students. Recently-disseminated exam fessors teach what they want, guidelines include an in- when they want to. To the Editor: teresting requirement for students to meet before they can reschedule an Really? Do the professors really refuse to teach larger sections? Or more than one section of a given course? Do they, really refuse to teach either M-W-F or T-Th? Or to meet at the same time every day? The impression one is left with is that the law school, the "Buffalo Model," exists for its own sake. The students are secondary at best. Somewhere along the line someone has lost sight of the fact that the school exists to teach the students how to be lawyers. In some ways, for example, the clinic, it does this very well. But of course, access to the clinic is limited. exam. Students who have two exams on one day, or exams on three consecutive days are required to include in their request to reschedule a "cogent" . justification for having taken the courses they did in view of the''fact they knew ahead of time that they would have exam schedule conflicts. Requiring students to justify their course selection is simply ridiculous. Such a requirement will presumably reduce the number of rescheduled exams and thereby reduce the inconvenience to the administration. But the fact that this will also result in an extreme burden on some students is apparently of little concern to the administration. Is it too much to assume that once the students have paid their tuition they can take whatever courses are offered? Why should we be manipulated into taking some courses and not others because of an exam schedule over which we have no control? No one denies that the rescheduling of individual exams creates problems for all concerned. Why, however, must the solution to the problem come at the expense of the students? This lack of concern for the students should come as no surprise to veterans of the registration wars. Students are forced into courses they don't want or don't need. This is so because of the limited availability of courses which we apparently do want and do need. Limited availability is a result of several factors: the number of sections of the particular course, the number of students per section, and the days and times at which the course is offered. When the administration sees, as it surely must, that the demand for certain subjects outstrips the supply, why doesn't it simply increase the supply (i.e., more sections or The prime motivation of the administration seems to be a desire to establish U/B as something of a "national law school." Why? As a result, instead of getting the type of education that will best help us to be good lawyers, we are being subjected to an ad- ministration that is doing nothing more than trying to create an image. Unfortunately, it may be an image without substance. Mike Kanaley Coming U*s HtrrHiMCr to ShutAnooT Financial Aid Deadlines Nearing Students interested in applying for National Direct Student Loans (NDSL) or Work-Study for the 1983-84 school year (including the summer of 1983) must sub- mit applications in January. TWO applications are (FAA) published by the SUNYAB Financial Aid Office. Must be received at the Financial Aid Office on Main Street before Feb. 28,1983. Every year students are disqualified from receiving aid merely because their ap1. Financial Aid Form (FAF) plication was a day or two published by the College late. Don't be caught this necessary: Scholarship Service. Must be signed and dated by you NO EARLIER than Jan. 1,1983 and received by CSS in Princeton NO LATER than Jan. 31,1983. You should return from Christmas vacation with sufficient information to complete the form based on an estimate of your 1982 tax return. If you are dependent on your parents, they must also sign the FAF. bigger classes)? Cynics among us would sug- gest that the administration 2. Financial Aid Application simply doesn't care what the year. Applications should be available beginning Dec. 15 at Admissions and Records in O'Brian, or from the Financial Aid Office on Main Street. NOTE: This early deadline only applies to NDSL and Work-Study applications. TAP, SUSTA, and Guaranteed Student Loan applications for 1983-84 will be available late in the Spring Semester. Film Review Stallone Again, Naturally by John Stegmayer tempts to pass through. It and supplies many of the film's seems that Stallone's character best moments. is a war hero, the last surviving GRADE: Q member of an elite Green Beret unit. Crazed with memories of the war, and em- First Blood "First Blood" is not a great movie. It does not pretend or try to be. It is an action film with a fair amount of violence, but it is good at what it does. What it does is provide alot of excitement, with superb chases, excellent stunts and bittered by his treatment by Americans on his return, he more than holds his own in what escalates to a war against the local police and eventually the National Guard. Brian Dennehy, one of the some subtle, often macabre humour. There may even be a message for the enlightened most underrated Valedictory What could be worse than listening to Mark Reisman speak at our graduation? PLEASE...save us from him! Any noble volunteers for class speaker, please leave your of name and mailbox no. in mailbox no. 678. Outlines will viewer/ requested later. Remember: Sylvester Stallone is the mance as the sheriff whose be you'll be doing all of us a favor He draw. portrays a Vietnam slightly warped sense of duty veteran who is harassed and , lights the fuse for Stallone's by saving us from M.R. goaded, jnto violence by the. rampage. The, personal feud good 'pie,, boy ,police of a I which builds between the two THE 1983 COMMENCEMENT ■ sleepy Northwest town he at- men is believably developed COMMITTEE Hollywood's character actors, turns in a credible perfor- , • . �Prosecutors' Unfettered Discretion by Francis). Flaherty secutor is an American anomaly. The acts of most other Editor's Note: Francis I Flaher- public officials are subject to ty is a 1981 graduate of Harvard review by someone else. The Law School and a former exdecisions of a trial judge can ecutive editor ot the Harvard be appealed to a higher court. Civil Rights-Civil Liberties Law Laws passed by legislators Review. His reportage and must be signed by the Presicommentary have appeared in dent, a governor, a mayor. Harper's, Commonwealth, the Laws passed by a legislature Hudson Review, and other and signed by an executive are publications. This article first subject to court review for appeared in The Progressive, constitutional defects, as are August 1982. the decisions of most government administrators. It was 1927, the height of In all but the most excepProhibition. The owners of tional cases, however, no such several American shipping checks restrain the prosecutor. fleets were shivering their If you are the victim of an timbers with rage. Loaded with assault, there is almost nothing liquor,"British passenger ships you can do to force the district of the Cunard Line were cruis- attorney to bring your attacker ing into New York Harbor, to trial. If the district attorney picking up thirsty American prosecutes you and no one vacationers and, once outside else for playing penny-ante territorial waters, serving them poker, or for setting up house drinks. The practice was an with your lover, or for attemparguable violation of the ting suicide, there is no higher Volstead Act; it also had authority, as a rule, to which devastating effects on the pro- you can turn for redress or fits of the American cruise-ship satisfaction' If the prosecutor trade. The American ship- concentrates on blue-collar owners sued, asking a Federal crimes and leaves the whitecourt to compel the United collar criminals alone, there is States Attorney in Manhattan hardly any way to make sure to investigate and prosecute the law will be enforced more the British shipowners. With no evenhandedly. hesitation, the court refused: How did all this power col"[This court] has no jurisdic- lect in one official? The tion over the prosecution or answers are historical, the pardon of crimes and logistical, and legislative. . — — . misdemeanors." American prosecutors are the It was 1973, two years after institutional offspring of the the Attica prison revolt. English Attorney General, who Several inmates filed fairly per- traditionally enjoyed some Burgeoning suasive claims that, either discretion. before, during, or after the criminal codes have played a riots, they were subjected to role in the growth of pro"cruel and inhuman treat- secutorial power, tbd: 'America ment," that state officers has so many" crimihaMaws that, "assaulted and beat prisoners" as Attorney General Robert H. and "intentionally killed some Jackson once observed, "A of the inmate victims without prosecutor stands a fair provocation," and that chance of finding at least a "medical assistance was technical violation of some act maliciously denied to over 400 on the part of almost inmates." When the prisoners everyone." Because many of asked a Federal court to com- these state and Federal laws pel the Federal prosecutor to are vague, the prosecutor also press for indictments, they has the power, in many infared no better than the stances, to define their scope. "The American prosecutor occupies the 'black hole' of the criminal justice system/ wealthy shipowners of the Prohibition Era. The court approvingly quoted a 1965 case: "The courts are not to interfere with the free exercise of the discretionary powers of the attorneys of the United States in their control over criminal prosecutions." And so it has been for more than two hundred years. prosecutors, American whether Federal, state, or local, have the powej- to decide which cases toy prosecute, what chargesTo bring, when to plea-bargain, what sentence to recommend to the court. Neither courts npr legislatures nor the prosecutors' superiors regularly supervise these decisions. Although constrained by a need to get along with the police, the courts, the press, and the public, the American prosecutor occupies the "black hole" of the criminal justice system, in the words of University of Chicago law professor Franklin Zimring. However labeled, the pro- Neither compendious penal codes nor vague laws preclude control of the prosecutor by other authorities — theoretically. As it happens, though' there simply is no such control. Both the Department of justice and its state counterparts preside over peculiarly balkanized prosecutorial systems which effectively give Federal and state prosecutors carte blanche to enshrine their own versions of the public interest. "More than 99 per cent of decisions by United States Attorneys are in fact unreviewed by anyone in the Justice Department," claims Kenneth Gulp Davis, professor of law at Stanford University. State and local prosecutors have even more autonomy. But the most enduring source of prosecutorial freedom of action is the disparity between actual prosecutorial budgets and the funds needed for full enforcement of the laws. With thousands' bf potential prosecutions and only a handful of attorneys, the typical American prosecutor must, willy-nilly, decide which crimes or categories of crimes to go after. " I have sixty lawyers to prosecute criminal cases in a district of seven and a half million people," says Edward Korman, United States Attorney for the Eastern District of New York. "That's not a big enough office even were I to devote myself solely bank prosecuting to Leads To Abuse discriminate prosecutorial power, recently asserted in the Harvard Law Review that such broad discreatibn "is both inconsistent with the fair and ef- clubhouse of a fraternal organization, an anonymous assistant prosecutor who declined a felony prosecution said that "because of the caliber of the men involved, the complaint should be for a misdemeanor." The sex of suspects, as well as their "caliber," also sways justify it." Prosecutors customers. Seldom, however, often refused to pursue whites the different prosecutorial of politically popular and politically unpopular defendants: "While former government officials resign rather than face trial, American Indians are placed under Federal indictment for stealing a bag of groceries during the government siege of Wounded Knee." Douglas was prophetic: Three years later, Vice President Spiro Agnew was permitted to plead nocontest to a handful of serious charges, while some South Dakota Indians were tried for the hefty crime of theft of beadwork from a reservation. Race, wealh, social prominence, political clout: None of these .should dictate the decision not to charge a suspect with a crime, but it is unsurprising that they often do. "The power to be lenient," Professor Davis has written, "is the power to discriminate." But leniency toward favored suspects is only half the problem, the critics say. Far more damaging, at least to those at the wrong end of an indictment, is aggressive prosecution of unpopular persons. In the years since the first American prosecutor took office in Connecticut in 1704,the power to charge has been misused in a chilling variety of ways. In New York City in 1964, a new trial was ordered for a woman accused of housing violations when it seemed that her prosecution was in revenge for her exposure of corruption in the Department of Buildings. In Hawaii in 1970, William Steele, one of many protest the unbridled discretion of America's public attorneys. James Vorenberg, dean of Harvard Law School and a longtime critic of in- fective administration of prosecutors. Many prostitution justice and unnecessary to laws criminalize the behavior serve the purposes offered to of both prostitutes and their themselves predictably are "Johns" prosecuted under disagree: "There's no better these laws. Ten years ago the system I can see than the prepolice in Washington, D.C, sent one," says John Martin. using policewomen posing as "The discretion has to rest hookers, began a drive to arsomewhere. You or I can be rest Johns. The program was driving down the highway at quickly abandoned. Although seventy miles an hour and city law enforcement officials someone has to decide said it proved to be more effiwhether to prosecute." cient to charge only the proCritics agree. They claim, stitutes and not their many country. "In some cases we however, that the prosecutor's customers, one Washington don't believe we have a strong discretionary power should be judge had a different view: enough case to get a convicmore tightly structured and "They were getting complaints tion, and devoting our subject to review. History is about locking up the good resources would just be a rich enough with abuses to fellows from the suburbs." waste of time. In other cases, Politics may also save an ofjustify such curbs, the critics the local interest seems say. During the most volatile fender. In a 1970 Supreme Court opinion, the late Justice stronger than the Federal in- years of the civil rights moveterest, and so we let the local ment, Southern prosecutors William O. Douglas stressed robberies." How does a prosecutor make these hard choices? Most decisions rest on sensible grounds. "We decline to prosecute cases for a variety of reasons," says John Martin Jr., the United States Attorney for the Southern District of New York, with 111 lawyers the largest Federal office in the prosecutors handle it. Other times, psychiatric treatment seems more in order for the defendant than a criminal trial." Prosecutors may also pass up cases where the money or contraband involved is small; in organized crime or con- spiracy cases, prosecution of petty criminals is often ruled out if they agree to become inor formers otherwise cooperate with the government. The defendant's record, the attitude of the victim, the likelihood however strong the evidence that a jury will acquit, and stray consider tions such as the availability of prison space may shape a prosecutor's decision. Prosecutions may even be brought out of sympathy for — — the offender. A venerable winter rite in all northern cities is the migration of vagrants into police headquarters, where they beg to be charged with drunk and disorderly conduct. A conviction means a warm bed and hot food for a few days to ward off the winter cold. Sometimes, prosecutors enforce laws purely in line with their own sense of what the law means. Statutory rape legally defined as consensual sexual intercourse with an underaged female is a good example. Many prosecutors (and non-lawyers) believe the point of the law is to punish exploitation of young girls by adult men; nevertheless, intercourse between an eighteenyear-old male and a seventeenyear-old female is technically a statutory rape in many states. True to their reading of the law, however, many prosecutors refuse to try cases where the male and female are close in age. — — All this seems reasonable enough. Prosecutors seem merely to be harried administrators trying to get the maximum bang from their limited budgets. But they have the power to be unreasonable, downright and even discriminatory, if they wish, ahd it is that possibility which leads many, legal scholars to who beat up and terrorized blacks; conversely, civil rights workers were frequently prosecuted on the flimsiest of pretexts. At the height of the movement in 1965, eight civil rights workers appealed to a Federal court to force prosecution of Mississippi officials who, the activists claimed, had beaten and intimidated them. Skelly Wright, then as now one of the most liberal Federal judges, sympathized but sadly observed that his hands were tied: "It seems more than passing strange, to me at least, that in some parts of this country citizens exercising their First Amendment rights... are ar-. rested and convicted by the hundreds, while perpetrators of innumerable church bombings and burnings, kidnappings, beatings, maimings and murders of Negroes and civil rights workers are not prosecuted. But I agree that an investigation as to the adequacy, or the execution, of these laws is not a matter within the jurisdiction of thejudicial branch of this Government." Nor are the racist prosecutors found only in the South. Frank W. Miller, the author of a study of prosecutors published by the American Bar Foundation, described how Detroit prosecutors decided whether or not to bring charges in morals .. cases: "One assistant prosecutor in Detroit expressed the belief that the moral code among the Negro subgroup was so low that if all such offenses were prosecuted the courts would be overloaded. The case that prompted this statement concerned cohabitation with a twenty-year-old girl. The assistant indicated that the charging decision would have been different if white persons had been involved." Wealth and social standing can affect the decision to charge. In explaining to Miller his disposition of a case involving "gambling equipment and an indecent floor show" in the treatment people who has refused to fill out census forms, was singled out for prosecution solely because, as a vocal member of a census-resistance movement, he was exercising his First Amendment right to be heard on public issues. But it was opposition to the war in Vietnam and the prosecutions issuing from it that best show how selective the power to prosecute can be. Scores of draft resisters and anti-war demonstrators were hauled into court, often on attenuated grounds, such as continued on page 5 November 30, 1982 Opinion 3 �Mooters Model Briefs In Sartorial Splendor by Wendra St. Claire Nattily attired in blue pinstriped suits signifying sym- bolic identification with their imprisoned client, William Hochul and Timothy Prosperi struck a note of sartorial splendor as they triumphed in the finals of the Desmond Moot Court Competition last Saturday. Mr. Hochul explained that as counselor for the Petitioner, He and Mr. Prosperi wore suits designed to remind the judges that "Mr. Harper wears pinstripes of a different sortthe type he will have to wear for a lifetime." Mr. Prosperi completed his ensemble with a white shirt, blue striped tie, and circular black-onyx tieclasp. Mr Hochul sported a red pattern tie and gold tieclasp. His dark suit was accented by a red silk handkerchief which peeped out from his front right pocket Representing the State of Ashland in the final round, counsel for Respondents was garbed in grey. Miss Cherie Peterson wore a flared jacket, red blouse, and slit skirt, while Miss Magalie Richter was adorned in a three piece suit, white blouse, and matching grey hose. Co-counsel for Respondents both opted for classic black pumps with tradi- tional stilleto heels. Charles Desmond served as chief judge, arrayed in a grey suit and blue shirt. Judge Jasen was also clad in grey, while Judge Headrick wore blue. Judge Olsen light beige, and Judge Denman black. The first of two semi-final rounds on the preceding evening also proved to be a classic confrontation between blue and grey. Grey carried the day, however, as the panel chose Miss Peterson and Miss Richter to go on to the finals in an extremely close decision. Representing Harper at the event, Miss Karen Vampotic and Miss Amy Goldstein both wore dark blue suits. Miss Vampotic selected a white blouse with a bow front and low-heeled pumps to wear with her simple tailored suit. Miss Goldstein's suit featured a double-breasted jacket, and she wore a cameo pin attached to the high neck of her blouse. In the judges category, it can truly be said that Judge Mazzela shown the others down. She was simply stunning in a basic black "After-Five" dress, strappy black sandals, pearl drop earrings, with a single strand of pearls clasped around her neck. After the panel had announced its decision, she re-appeared in-a short black sable jacket that bereft W 55 1 |*l Is* !____■ __H___P ACROSS Cooking Vessels Digit 13. 14. 15. 18. Hurried Prefix with Ton Book by 26 Down Esau to Issac 19. Chose 20. 21. 22. 23. 24. 28. 31. 32. 33. Astrological Sign Elem. Tin Thoroughfare (abbr.) Deg. in Rel. Studies Type of Basket Some Middle Easterners More Uncomfortable 1. 2. Quiets Maryland 34. Humble 35. As In (abbr.) 36. In the Manner Described 38. Who, ? nt 4 Opinion ■ 3. 4. 5. 6. 7. 8. 9. . DOWN Margarine Comparative Conjunction Ceaser Beginning I Love (Lat.) Like Poe's Heart 10. Stare November 30,1982 Tap To be Sure of Victory 26. Whodunit Author 27. Symbolic of Chromium 28. The New Age 29. Oil Containers (abbr.) 30. Concorde 32. Purple Heart for One (abbr.) 36. Above (Lat.) 37. Sheathing Plant Part 39. Encourage 40. Ancient Harp 41. One of the Fort. 500 43. 44. 45. 47. 48. Desires ■■■ Currencies Flame Fighting Gp. Long Billed Wading Bird Woman in White 42. Jr. Counselors Snag t i I fi • Ebb At Another Time Like a Certain Young Duck Provide an Edge Tease ;:: Buffalo bands-they have such a huge market in New York that they're bound to attract a following if they have some kind of gimmick. The Psychedelic Furs added a new saxophonist, cellist, and keyboard player for their tour of North America. Unfortunately, the sound in Clark Gym was so atrocious that they could have added the New York Symphony and nobody would've noticed. Did you ever wonder why people would choose one stereo over another because it has .001 less distortion, then go to a concert where they can't make out a single word or distinguish an instrument? The Furs picked up steam midway through their set with their two most popular songs, "Pretty in Pink" and "Love My Way." Perhaps significantly, the fewer instruments on stage, the better the music moved. I'm sure the Furs would've sounded great in Kleinhans Music Hall or even Shea's. The Furs performance was reminiscent of the Talking Heads' "Remain In Light" tour-the same sounds that add depth to the music in the studio just weigh it down on stage if they're distorted to the point of inaudibility. Distortion or no distortion, the Furs succumbed to subdued yet relentless applause for an encore. Political Party Guide 11. Rochester Hospital 16. 17. 21. 23. 24. 25. to be a little more narrow than and the Bush Tetras can afford An old pollwatcher's formula I |5y Natural Soil Aggregates sir 3© IP* 39. Haig and Hirt 41. Designer 43. Greek Letter 46. of My Thumb (by 26 down) 49. Canal 50. Moisten or Soak 51. Object of Worship 52. Swarm 53. Cindery Lavas 54. Withhold .- 12. Pertaining to Grades 1-12 dance. Our Daughter's Wedding did not get a great reception from the audience. They share the trait of many New York City New Wave Bandsthey're afraid to throw in a melody. Heaven forbid if you might find yourself humming it in the shower. We wouldn't want that would we? Perhaps bands such as Our Daughter's Wedding, The Catholic Girls, _i_HHi 5 ** I |5$ g I// "" 'TBF ll* »*» Minute Particle w ■*» a* a*. 5 1. 5. 8. |t R |/o Ba — Bh is has unique instrumentation for a four-man group: two synthesizers and two drum sets. Uniqueness quickly turned to monotony, however, despite the exhortations of the band for people to get up and byClenn Frank |a~~|s RT~B Wf I* |7 while Miss Cindy Foote chose a jacket and skirt in a blue and white checkered pattern. Miss Susan Nusbaum's grey suit was beautifully accented by a redpatterned silk bow tie, spiffily contrasting with co-counsel Judith Gerber's dark grey pinstriped outfit. Mr. Kevin Tripi also chose pinstripes, alternating between a blueand grey suit, while co-counsel Mary Izidor wore tweed. Miss Jill Raskin's slit skirt caught the judges attention, as did Mary Gehl's colorful red suit. Daughters And Furs Our Daughter's Wedding CrOSSWOrd i his to take this reporter of speech (Admit- week tedly, a feat). Also judging the measurements. Mr. Klein has vowed to do whatever possible first semi-final round was Linda Koening in a black suit and to bring such a rich patron into maroon blouse, and Vincent fashion. Doyle in a grey suit, white shirt Fashion Notes: and red tie. The second semi-final round Co-counsel Miss Vicki featured the aforementioned team of Hochul and Prosperi in O'Reilly and Mr. Jose Rios blue pinstripes, before a panel complemented each other well of judges all dressed in grey. in dark blue, Miss O'Reilly's Representing the state on this suit featuring thin white auspicious occasion, Miss pinstripes. Mr. Tom Bantle was also resplendent in dark blue, Mary Ellen Berger was charma a cream sans matching handkerchief, ing in plaid suit and colored blouse which featured New Waves ruffled cuffs. Miss Barbara Barton was tres chic in a muted olive green wool suit and a by Jud Weiksnar delicate crepe de chine blouse (a nice contrast to the of white potential to be charcoal grey and ice blue she a What had the two Sunconcert spectacular earlier the comin had sported at Clark Gym didn't days ago petition.) as 10,000 Maniacs, As Mr. Harper remains in quite gel, Daughter's Wedding, and Our solitary, moi was unable to the Psychedelic Furs fell victim ascertain precisely what apto time limitations, attention parel he was wearing on Saturday when he learned that the span, and acoustics. Anyone who has seen 10,000 pending state prosecution Maniacs perform before could him enjoined, had been against being rushed. As they tell were and a damages award in the outrageous sum of $500,000 low band on the totem pole, restored. While some com- they were limited toa a 20 petitors have speculated that minute set and denied sound Mr. Harper will never become check. Despite being forced to truly chic as he suffers from play shortened versions of tardive dykinesia, this reporter their most upbeat material, were has learned that Calvin Klein they came off wellforand a well received warmvery visited Harper in solitary last up band. . Editor's Note: Source: Congres- cians and entertainers. sional Record, Oct 1,1974 Republican children are namInserted by Rep. Craig Hosmer ed after their parents or grand(RjCal.) parents, depending on where the money is. Although to the casual glance Republicans and Democrats Republicans study the finanmay appear to be almost in- cial pages of the newspaper. distinguishable, here are some Democrats put them in the hints which should result in bottom of the bird cage. positive identification, accorMost of the stuff you see ding to the Sterling Bulletin: alongside the road has been Democrats buy most of the thrown out of car windows by books that have been banned Democrats. somewhere. Republicans form Republicans raise dahlias, censorship committees and Dalmations and eyebrows. read them as a group. Democrats raise Airedales, Republicans consume V* of kids, and taxes. all the rutabega produced in Democrats eat the fish they this country. The remainder is catch. Republicans hang them thrown out. on the wall. Republicans usually wear Republican boys date hats and almost always clean Democratic girls. They plan to marry Republican girls, but their paint brushes. Democrats give their worn feel they are entitled to a little out clothes to those less forfun first. tunate. Republicans wear Democrats make up plans theirs. but then do something else. Republicans employ exter- Republicans follow the plans minators. Democrats step on their grandfathers made. the bugs. Republicans sleep in twin Democrats name their beds some even in separate children after currently rooms. That is why there are ■ popular sports figures, politi- more Demcrats. !'•! - �Prosecutors' Power . . . "conspiracy to cross state lines to commit a Federal crime." Hundreds were convicted and jailed. And yet, despite strong evidence that "fraggings" and massacres of civilians were commonplace crimes in the American ranks in Vietnam, only one case the My Lai massacre was ever brought to trial. Personal vindictiveness, political dislike, racial enmity, a resistance to the exercise of constitutional rights all are disturbing, and disturbingly common, motives for prosecution. Although a defendant can bring a suit for "malicious prosecution," that remedy is only of theoretical comfort because of the courts' historic deference to prosecutors. In all but the most exceptional cases, observes Harvard's James Vprenberg, "the exercise of prosecutorial discretion has routinely been upheld by the courts." The numbers tell the story: Only a dozen such suits have succeeded in two hundred years. Defenders of prosecutorial discretion are forthcoming. Wherever there is power, they — — — admit, there will be abuse. But critics like Professor Davis advocate reform not only to corral the admittedly exceptional errant prosecutor. The present system, he and others claim, is arbitrary and undemocratic. A 1978 report by the General Accounting Office noted the great differences in enforcement policies among the ninety-four United States Attorney districts: "in one district the United States Attorney has decided that bank embezzlements of $500 or less generally will not be Federally prosecuted... In another district, the United States Attorney has decided that bank embezzlements under $5,000 will not be prosecuted when the suspect is not a bank supervisor or an officer... Whether or not a suspect is prosecuted may depend more on the district handling the complaint than the quality of the case." Are these policy differences inherently wicked? No, says Michael Smith, director of the Vera Institute of Justice: '"Consistency is the hobgoblin of little minds.' What's wrong with different priorities in dif- continued from page 3 ferent districts?" Edward Kor- power to legislate. political ambition may dictate man adds that such differences This power to pick and those judgements. Many state may be traced to varying prochoose has raised hackles all and local prosecutors run for blems across the country: "In across the country in the past their offices, and the temptasouthern California or few months. Although tion to go for the sensational southern Texas, immigration dramatic events such as the case and the six-column may be the problem, while in new, hands-off antitrust policy headline is often irresistible. New York the problem may be and the civil war over civil For James Vorenberg, unnarcotics or official corruprights enforcement within the trammeled prosecutorial tion." Justice Department play a part discretion also impedes raBut the critics say this in the angry new awareness, tional planning in the criminal discretion, whether or not the concern is not centered justice system. "A prosecutor," benevolently exercised, is solely in the nation's capital. Vorenberg wrote in the Harundemocratic. Prosecutors, For example, the pending vard Law Review, "may have they emphasize, are attorneys retirement of Sidney Lezak, an unannounced practice of whose first responsibility is not the United States Attorney for holding in abeyance charges to decide which laws to enOregon since 1961, has led his for most first-offender larceny force but to enforce all laws critics to speak out. "[Lezak] cases against youthful of"without fear or favor," as the chooses to pick on the fenders, while being very United States Attorneys' oath powerless and the unpopular, tough on sales of even small of office requires. "Why the blacks, the Indians, amounts of drugs. Typically, should a prosecutor," asks Pro- anything that makes him look there is no way of testing the fessor Davis in his Discre- great," Michael Bailey, assis- effects of reversing the practant director of the Portland tice, or of determining whether tionary justice, "have a complete power to decide that one Public Defender's Office, told this approach reflects the statute duly enacted by the the Amer;'can Lawyer recently. public's wishes." Many propeople's representatives shall Such criticisms are to be ex- secutors have no policies, but not be enforced at all, that pected. A prosecutor sits on a simply make decisions on an another statute will be fully en- very hot seat and his policies, ad hoc basis. "The results," forced, and that a third will be whatever they may be, will of- Vorenberg continues, "are enforced only if, as, and when fend someone. But critics disheartening for one who he thinks it should be enforced stress not only that probelieves that the legislature in a. particular case?" The secutors are making what and the public should have sufbe legislative ficient information to improve power to enforce, Davis and should others point out, is not the judgements, but also that raw the way government works." UB Grad continued from page 1 litigation. Students would derive a sense of satisfaction he continued. Steele admits that he hasn't because they would be inapproached the administration volved with something more with any concrete proposals societally beneficial, he said. because he's been too busy. The more people who work on However, during this interview, a particular project the more Steele did suggest that the law ideas that start flowing, he school offer classes which continued, adding, "working work on a particular piece of alone can be unimaginative." According to Steele, the law school's integrity as a teaching institution would not be threatened if it assumed a more active role in pending litigation. In addition, the law school, by actively par- effect, the school would be saying that these areas are important and worthy of study, Steele said. The elimination of confees as a formula for paying lawyers would also ticipating in public interest serve to stimulate law school concerns, would lend prestige graduates to enter the public and legitamacy to this field. In interest field. By removing the WHICH BAR REVIEW COURSE WOULD YOU RATHER TAKE? A COURSE WHICH FULLY PREPARES YOU FOR THE BAR OR A COURSE WHICH GIVES YOU EXCUSES AND PROMISES TO TRY HARDER NEXT TIME tingency degree of uncertainty inherent in contingency fees, there would be a greater incentive for lawyers to pursue public interest litigation. Steele is philosophically op- Law Day Don't Gamble With Your Future! ____i_ ■~nmmi_—W——_m\n\n^- Mannojosephson/BRC 71 Broadway. 17lh ft. Naw Yorti, NY 10006 (212) 3444110 • (212) 3444181 The Best Review Course an attorney gets one-third of the award, the parties are, by definition, not whole," he said. Steele prefers to charge hourly fees and then receive payment as a separate part of the settle- .. lective interaction was that minority professionals, no matter whatthe minority or profession, are constantly confronted with and reminded of their identity. It is their responsibility to do the very best they can and be a good example for themselves as well as their fellow minorities. The most controversial Last year, BRC fully prepared our students for the bar, while our competitor's enrollees' came out feeling ill equipped, cheated and unprepared. posed to this method of payment because it interferes with the goal of damages, namely, to make the parties whole. "If workshop of the day, "Global Struggles," focused discussion on the problems in South Africa. There were three speakers. Dr. Victor Moyo, who is a native of Zimbabwe; Chris Morton, a white South Khomo African; and Mehpeola, a black South African and former member of the African National Congress. The three men spoke about customs and traditions in many African Nations. They contrasted these traditions, which are based on pride and hard work, with the absolute dehumanization and subjugation being thrust upon black South Africans who are being deprived of their rights. They also discussed the "civil disturbances" in South Africa which have nearly escalated to the point of civil war. It was stated at the workshop that these events are not given much media coverage here in the United States. The last workshop of the day was entitled "Applying to Law ment. Steele is currently seeking three to five students to work with him over the summer. Because of the uncertainty of his fees, he cannot offer them a salary. a continued from page 1 School." This workshop was hosted by our very own Dean Garcia. It was directed mostly at those undergraduates who are interested in attending law school. Dean Garcia basically wanted to give them an idea of the application process and explain some of the changes in the LSAT. For those unsure about the LSAT and applying to law school, Dean Garcia extended an open invitation to stop up in her office. The Symposium was tastefully brought to a close by a short but poignant speech by Professor Carr, one of the Law School's newest additions and its only minority lecturer to date. To all the participants special thanks is extended because they are the personification of all that HANLSA and BALSA strive for. Janet Maclin, president of BALSA and Carmelo Batista, former president of HANALSA, contributed to and participated in making this years Law Day the tremendous success that it was. BALSA and HANALSA are planning more activities already. Next semester they are hoping to bring in more speakers and hopefully hold another symposium, as well as panel discussions, and to provide tutors for students. As with the Law Day, all students are invited to attend. November 30,1982 Opinion 5 �LaRaza Legal Alliance Strives For Latino Rights -Carmelo Batista, Jr., President tion. across the country, with a total of HANALSA, and John H. La Raza Legal Alliance was membership of about 5.00 perFaria, Jr., active member. first organized in 1969 as La sons. Each chapter belongs to On October 22nd and 23rd The convention, the theme Raza National Law Students one of eight regions: The LA RAZA Legal Alliances of which was "The Oppression Association. In 1978 the Pacific Northwest, Southern (LRLA) sponsored its 13th anof the Latina," marked the first organization was expanded California, Southwest, Texas, nual National Convention. The time that a Latino-based and restructured to include Mid-west, Mid-Atlantic, New convention took place in the organization at SUNY Buffalo lawyers, paralegals, in- England, Southeast. city of Houston, Texas, and Law School strived beyond the vestigators, law students, and The La Raza Legal Alliance was hosted by the University school's parameters in order to other progressive persons inwas organized because of the of Houston Law Center, along achieve national exposure. volved with legal work affecneed to build a legal organizawith the Latino Learning HANALSA's presence in ting the democratic and tion of united Latino legal Center. Houston was made possible by human rights of Latino people. workers. This unity has The basic unit of the manifested itself by bringing The convention was attend- funding from the law school ed by two delegates from via the Jackel-Abrams Fund organization is the local together progressive thinking HANALSA's Latino Network and the Student Bar Associachapter. There are 83 chapters Chicanos, Puerto Riquenos, ~_~ Cubanos, Dominicanos, and others into LRLA. The primary purpose of La Raza Legal Alliance is to organize legal workers for legal and political action against the oppression and exploitation of the Latino community. This means fighting for democratic and human rights of Latinos, including the right to bilingual-biculturai education, medical care, jobs, de- wide. by: Carmelo Batista, Jr. John H. Faria, Jr. „„„„„„ I 6 out of 6 5 BAR/BRI enrollees were \ \ the right to organize, immigration and emigration freedom, and the right to be free from racial and cent housing, well prepared for six J j of the six essays on the $ SSummer 1982 Bar Exam J § Another bar review j 3 $ course "brags" that it S 3 prepared its students $ sfor only three of the six I_ I essays... | national discrimination. In organizing progressive legal workers to struggle for rights, these LRLA simultaneously seeks to remove the historic elitism of the legal profession and to unite all La Raza legal workers into one organization. Besides working for the struggle of the Latino community in the United States to achieve' equality in _ll~f6rms, LRLA has always recognized and supported the struggles of all third world peoples against foreign exploitation 4and for their right to self determination, wherever they may be. In this same vein, LRLA has always promoted solidarity between the La Raza community and the working people of all other races and nationalities. Indeed many of LRLA's activities involve joint work with other progressive legal organizations such as the National Lawyers Guild and is i f ! the National Conference of Black Lawyers. LRLA prides itself in its efforts to struggle against the economic and cultural oppression of Latino women. By addressing and removing the sexist practices and ideas of both men and women La Raza seeks to create the conditions for Latinas to participate fully and effectively in LRLA and in the struggles of Latinos nation- The convention was attended by more than 150 delegates and individuals representing over thirty cities and law school's on a national scale. U/B's representation was the only one in New York State. The most significant achievement of the conven- tion was the constructive interaction amongst law students, attorneys and community activists from all over the country. The initial tone for this interaction was set by the keynote speakers from each particular workshop. The workshops and panels discussed common struggles faced by oppressed communities. Most of the workshops were structured around panelists and participants who provided a politically progressive analysis of the particular problem. This analysis provided the basis, as reflected by the resolutions adopted by the convention, for setting forth progressive legal and political strategies that the organization collectively, and Latinos and Latinas individually should take in the various community struggles. Some of the more important workshops centered around assessing the labor market impact of undocumented persons and judicial developments in the area of refugee and asylum policy. Other workshops focused on the issues of police brutality, U.S. foreign policy, and Its relationship to South Africa and Cuba, and the racist and discriminatory Simpson -Mazzoli Immigration Bill. i 3 the. cbnyeritlbn was highly charged with energetically debated plenary sessions. From these sessions the two delegates from HANALSA's Latino Network were elected become the Mid-Atlantic to Regional representatives of the La Raza Legal Alliance, and thus serve as members of the National Steering Committee for LRLA. Mid-Atlantic of LRLA, U/B will be assured of national recognition along with its Latino counterparts from other law schools. As stated previously, this is the "Latino Network's" first exposure as an existing viable organization in U/B Law School. The convention was highly productive and HANLSA looks forward to maintaining the ties with LRLA Having Regional representatives Another reason that . | more Buffalo and New $ Crossword York State law Solution take El £l x. iOBE _EHZ ___ _L _L __L _o___E _3__E iL | than all other bar 5 DEADJMArVSj so 3(_E pJL Lpl EE ° JL _.__=. HL £..O lar X s review courses § A£. ±L _£ iljO Is r \ £ !LE.~s\ Imo__d_£ r Is ol Wm 71 combined! 3 S s"1 c| Wt a v __\ ___. __, _L _!l L _1 L. V £ t l l s s s 7 jl Ig uc. BY T H|F p fr J|C-|K TN 6 X. _L JL RJmA. _L 2. °_ Z_ A X T_wt_Z. T\F \f \mMa\a\s M p|F|rv|T 6 Opinion November 30,1982 �BAR REVIEW Stanley D.Chess Director November 1, 1982 Dear Law Student: For the second year in a row, another bar review is circulating a promotion piece in which, instead of discussing its own course, it makes false and misleading statements about the BAR/BRI program. This promotion piece is an assemblage of more than a dozen falsehoods. I could answer each claim in this letter, but all this would do is help perpetuate the inaccurate allegations and help to give the other course the publicity it is seeking to offset its declining enrollment. Yet the significant investment you're making, in both time and money, and the significant impact your choice of programs may have on your career, require an informed decision, a decision based on accurate information. to ask direct and discerning questions of your Therefore I urge you BAR/BRI Student representatives or of me. For any difficult questions that our representatives, as students, are unable to answer, please call the New York office. The BAR/BRI program has grown dramatically over the years. We are now the most popular course at every law school in New York State. In fact, at most law schools in New York, more graduating seniors take BAR/BRI than take all other courses combined. And we've grown because law students*have been satisfied with the graduating tens of thousands of BAR/BRI program, and with their success on the bar examination. We've grown because, as corny as it sounds, we care. Therefore, any student who has any question whatsoever about the BAR/BRI course, or about the statements put out by the other course, may call me directly. Those of you outside New York City may call me collect. .* Also, any student representatives from the other course who may have questions about the ethics, morality and legality of sitting back while false statements are being published and circulated in their names should also call me, collect. My telephone number is (212) 594-3696. If I'm out of the office, which is likely, just leave your name and phone number. Either Steve Rubin, our associate director, or I will call you back within 24 hours. Sincerely, HARCOURT BRACE JOVANOVICH LAW GROUP •- ... f , _ t ■ ", .1 '.k I < November 30,1982 !-.!.' Opinion 7 �Commentary Pugilism vs. Humanism: Ban Hit-Men From The Ring by Michael P. McGorry In the wake of this past opponent. Many of today's sports commentators suggest there weekend's events, one must should be measures taken by seriously ponder the question the boxing commissions to proof whether boxing, an alleged mote safety in the ring so as to sport, should be allowed to lessen the chance of permacontinue in its present state, nent physical injury to the parwhether it should be changed ticipants. Among the safety suggeted are in order to promote safety, or devices whether it should be banned headgear, larger gloves, softer altogether as a form of bar- floors, and better referees who baric legal battery. would step in before too much On Friday, November 12, damage was done. Each of the 1982, Alexis Arguelio, the aforementioned, however, fail reigning Lightweight Chamto adequately prevent physical pion of the world, fought injury to a boxer. Tests have Aaron Pryor, the current Junior shown that headgear in its preWelterweight champ. The present form does not lesson the fight hoopla billed this as one blow of a punch to a person's of the centuries greatest mathead and brain, but merely ches, and it lived up to that ex- gives the opponent a larger pectation with Pryor knocking target to hit. Muhammed Ali Arguelio out in the 14thround. never sparred with headgear Arguelio was unconcious for because too many punches almost five minutes, but prothat he normally would have gnosis is for a full recovery. Inavoided instead reverberated cidentally, Arguelio wants a off his headgear. Larger gloves, rematch. while cushioning the impact to On Saturday, November some extent, have not been 13th, Ray "Boom Boom" Man- adopted by boxing organizacini lived up to his nickname tions because they are too by battering his opponent, Duk heavy and because it is too Koo Kirn into submission in the tough to knock out an oppo14th round. Kirn was taken nent with them. As a matter of from the ring to the hospital fact, boxing gloves have and has not as of this writing decreased in weight from 12 regained consciousness. Docoz. to 8 oz. in the past thirty tor's claim that he is "brain years. As to adding padding to dead" and will not live. the ring floor, it would help These two fights evidence prevent injury only in the exthe absurdity of boxing as a traordinary case where a boxer sport. It is the only sport where lands on his head after being the sole goal of the par- knocked down. The real injury ticipants is the physical occurs from being punched destruction of the opponent. repeatedly about the head, not In each and every other sport, from a boxer's head hitting the injury of an opponent is supfloor. Finally, requiring better posed to be avoided, with the referees who would step in and final goal being victory in stop a fight before a person is some other manner, such as seriously injured just does not having more points than your work. As is evidenced by the who after discussing the matdecide to go out into a parking lot and fight each other. In the case of the "sport", if a particpant is maimed or killed there is no Given the ineffectiveness of criminal sanction. In the case the proposed safety devices, of the "non-sport", however, one must seriously look to each are subject to criminal whether boxing should be penalties such as assault, batallowed to remain a sport at tery, manslaughter, or even all. Why, under the guise of murder. sport, can two individuals- inMany commentators argue front of thousands of people and for millions of dollars-have that boxers assume the risk of a license to bludgeon each their "sport" and that as a other into submission? There is result neither can be held no real difference between the liable in the ring. This is abforegoing and two individuals, surd. A person cannot assume Mancini-Kim fight, which was refereed by one of boxing's finest, Stanley Christidulo, a referee just cannot always tell when a person cannot continue to defend himself. The Nicemen Turn Into Icemen by Michael P. McGorry The law school basketball league is well into its third week with three teams remaining unbeaten. The Buffalo Braves led by Larry "Big Goober" Regan and Gary Kaminsky, are 5-0 and seem to be the most formidable opponents for the preseason favorite NUBAR (4-0). Sunday, November 14th, the Braves Younger's Comprehensive CPLR Course will be available in late January. The next MPRE test date is March Opinion November 30,1962 have been deemed to be illegal, and have been denied as a legal right. If boxing, in its present state, is wrong and cannot be sufficiently safeguarded, it too should be outlawed. Intramural Scene The winter course begins January 4th, 1983. Irving 8 the risk of a criminal act. If a person tells another person to shoot him with a gun, the shooter is no less guilty of criminal sanctions because the injured assumed the risk of injury and gave his consent. As to the premise that you cannot deny a man the right to make a living, I look only to the fact that other "livings" such as hit men and narcotics dealers J.D. The BAR/BRI table will be unattended from November 21st until the beginning of next semester. Direct all inquiries to our reps, or leave a note in box *544. 18th. ter fully, blew out the Law School Champs 59-45. Next week the Braves face the third unbeaten team. Fat Daddy's Takeout led by Mark "I'm not conceited, it's just that everybody knows me" Nasca. A final note on the basketball team shows that a few teams are considering forfeiting games by not showing up for gametime. How inconsiderate and irresponsible can those teams be to force the other team to waste part of its day only to have you not show up. Show some class and at least inform the other team that you will not make the game. On the racquetball front, Rick "tiny" Roberts has been replaced at the top of the lad- der by Mr. Hart. In football, both law school teams went down to defeat in the playoffs. Nice People Who Care, who had three touchdowns called back, lost a heartbreaker to the Ethnic — lupG Slurs, 13-12. The Wolverines, won their first game of the playoffs 12-7, but lost in the second round 6-0. This was the Wolverines only loss of the season. One plus came out of that loss, however. Rumour has it that this was the only game that Steve "We love those shorts" Baxter did not quit. Finally, two law students, Steve Sheinfeld ahd Jon Solomon have led the Roughriders into the finals. This dynamic duo, effectively known as the 'nose-twins" is the law schools last hope for a football championship this year- Good Luck. In Hockey, Ice People who Care again defeated the other law school team Advocates on Ice, 7-2. Ice People were led by Phil Frose, a graduate student, who scored all seven goals. Alan Horatio Solarz, the teams resident goon, summed it up perfectly when he said "We played tough- high 10b-7's to everyone." WoRD Processing - Typing Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. Complete Editing Capability No need for retyping when editing drafts All Final Copy Printed on Rag Bond 16 Typestyles & Symbols to Choose From Printed to Look Like Typeset Experienced in doing legal work Complete Resume Service Repetitive Work at Reduced Prices Personalized form letters, mailing lists Related Services Provided Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available Or Typewritten All Work Guaranteed Whether you type or not, Proto-Type can provide you with highest quality work that computer technology can provide. - Call Proto-Type 883-3348 Ask For Randy � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-11-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/30/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/22b29cd79e7f5c4e7964a0a1106577d0.pdf a4d4c8c52f66531e7795fef1f46da278 PDF Text Text Panel Addresses Perils of Legal Profession by Mary Ellen Berger "Perils and Pitfalls For the Practitioner" was the subject of the Seventh Annual Convocation of the SUNYAB Law Alumni Association held on Saturday, October 30 in the Moot Court Room. An outstanding panel of experts, comprised of distinguished U/B Law graduates and nationally-known attorneys, addressed a crowd of alumni, faculty, and students on issues of professional ethics and trends in legal malpractice. Following the panel presentation, a luncheon was held at which the Honorable Matthew J. Jasen, Associate judge of the New York. Court of Appeals, was presented The Edwin F. jaeckle Distinguished Alumnus Award. Robert J. Kutak of Omaha, Nebraska, best known for his work as Chairman of the ABA Commission on Evaluation of Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 Professional Standards, was the first speaker at the convocation. His address, entitled "Changing Ethical Require- The Disciplinary Committee, zed testimony in a subsequent throughout this procedure, is disbarment proceeding. "guided by a philosophy of After a short break, the open access" to the attorney panel reconvened to address ments," generally promoted of his/her entire file on the recent developments in legal the Proposed Final Draft of the matter under investigation. If malpractice litigation. Robert Model Rules of Professional ejected from the bar, an at- T. Reid, who heads the Claims Conduct, which Kutak's Comtorney must wait seven years Department for the largest mission wishes the ABA to before applying for readmislawyers malpractice insurer in adopt in place of the existing sion; in the Fourth Department the U.S., Shand, Morahan & ABA Code of Professional Reonly a few attorneys have been Co., Inc. of Chicago, informed sponsibility. Kutak lauds the disbarred and none has been the audience that 90% of all Proposed Model Rules as an in- readmitted. malpractice claims are in five tegrated text of enforceable Philip H. Magner (U/B Law areas of law: real estate, perstandards, drafted by consen- '49) of the Buffalo firm Carvey, sonal injury, bankruptcy, famsus and organized for easy Magner and Love, P.C., dis- ily, and criminal. According to reference. cussed strategies of defense Mr. Reid, the profile of a "most Next speaker on the agenda which can be used by atlikely to be sued" lawyer is one was Robert I. Cannon (U/B Law torneys in formal hearings for who has been in practice for 73), Counsel for the Eighth alleged misconduct. Mr. more than ten years and who judicial District Disciplinary Magner highlighted the works alone or in a firm of less Committee in Buffalo. In his available defense of invoking than ten lawyers. This "profile" presentation, "Lawyer Disthe Fifth Amendment right lawyer is most apt to be sued cipline," Mr. Cannon outlined against self-incrimination in in his/her area of expertise, and the procedures followed for in- bar disciplinary proceedings, the biggest complaint most vestigating allegations of at- and the status of this defense often lodged against him/her is torney misconduct and subsein light of recent court deci- failure to keep the client adquently disciplining or disbar- sions which have permitted the vised. Mr. Reid also discussed ring the attorney, if warranted. use of an attorney's immuni- the impact on malpractice of - Opinion the Proposed Model Rules, rules regarding scope bf representation, conflict of interest, and full disclosure. The last speaker at the Alumni Convocation was Jeffrey M. Smith, an Atlanta attorney and author of a book. Preventing Legal Malpractice. Mr. Smith, who has only recently been sued himself for malpractice, outlined strategies and trial techniques employed by plaintiff attorneys prosecuting legal malpractice actions, emphasizing in particular the changing standards of care to which attorneys can citing those be held. After a brief period of questions to the panel, the Convocation adjourned to luncheon in the Talbert Dining Hall, where Edwin F. jaeckle (U/B Law '15) bestowed the Distinguished Alumnus Award bearing his name to Judge Jasen (U/B Law '39). Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "The function of a free press is to comfort the afflicted and afflict the comfortable." » Vol. 23, No. 5 — H.L. Mencken State University of New York at Buffalo School of Law Tuesday, November 9,1982 HANALSA Reps Attend National Law Convention by Michelle Wong organization will serve as a for political catalyst The stereotypical image of change/reform effecting Asian the Asian American painted by Pacfic Americans across the "the land of Babbitt" was laid nation. One example of that to rest recently when approxcan be seen in NAPALSA's imately 150 law students from position on the racist and Asian Pacific backgrounds discriminatory Simpsonconvened at Hastings Law Mazzoli immigration bill School in San Francisco for a presently being debated. That national conference. Two bill seeks to eliminate the fifth delegates from the HANALSA preference category for organization, which sponsored brothers and sisters of U.S. the trip, represented UB law citizens who are overseas and school second-year student wish to emigrate to the U.S. Michelle Wong and third-year That is just one component of student Tony Craziani. this bill. The National Asian Pacific U/B's presence at Hastings American Law Student's was made possible by a variety Association, or NAPALSA, of funding sources. A proposal sponsored the week-end long series of workshops, panel was submitted to the Budget Program Review Commitdiscussions, guest speakers, and and money was allocated tee judges roundtable, and plenary trip ticket. Addisessions. The theme of this for one round grants were made by the tional year's conference was "Asian NY Regional AALSA Chapters Attorney's in the 80s." The se(comprised of NYU, Columbia, cond national conference's Brooklyn, etc.) and the Student was to primary objective keep Association of U/B. These up the momentum in Bar additional monies allowed a establishing a national umrepresentative to atbrella organization for Asian secondthis important conventend law students across the countion. try. Structurally, each law school across the nation has inQuestions may arise as to dividual Asian American Law what benefit U/B Law derived Student Association Chapters from its support of student (AALSA). These local chapters representatives at the conare then regionally divided. To ference. Depending on one's unify the local chapters across political viewpoint, U/B's gain the country, a national may range from nil to indeterorganization was formed last minable to immense. As a participant, I/tame away with a year. In addition to its role as a sense or accomplishment, framework for all AALSA fulfillment and renewed vigor. chapters, the national As a result of the conference - , U/B received recognition on a Pacific Americans. One aspect national level, by virtue of of the conference was to atU/B's representatives interac- tempt to enhance U/B's reputating with prominent Asian tion nationwide and attract Pacific American judges, at- more Asian Pacific Americans. torneys, law school faculty, administrators, and peers. In addition, one full day of recruitment was set aside for all participating law school representatives. At U/B Law, out of an approximate 900-student body there are less than 10 Asian year's conference participants are in the vanguard of that movement. Once this generation of law students graduates, an Asian Bar Association will Tangentially connected with exist. this year's conference was a A post conference packet tentative outline to charter an will be written up shortly. Asian American Bar AssociaAnyone seeking further infortion; presently there is none: mation should contact me or an ABA exists, and a National Tony Craziani. Next year's conBar Association exists (com- ference will be held at prised of black attorneys). This Georgetown University Selective Incarceration Touted As Viable Deterrent to Crime Pennsylvania in 1982, and the following conclusions were Although the debate on derived from it: 7% of the punishment is a never ending Philadelphia males born in one, selective incarceration, a 1958 accounted for 62% of the system whereby a prisoner crimes committed by that age would receive a prison group, and approximately 85% sentence equivalent to the of the violent crimes. The statistical evidence dictating distinguishing characteristic of whether s/he will commit that 7% was that each had another crime or not, has committed at least five ofby David Allen Cass reached the forefront of fenses. discussion, in view of tests con- ducted by the University of Pennsylvania and the Rand Corporation. In 1972, Professor Marvin Wolfgang and his associates at U/Penn. published a report which said that most of the murders, rapes, assaults, and robberies in this country are committed by a small number of males with a statistically high recidivist rate. The Wolfgang test was repeated at the University of In light of these two tests, one could probably argue that the best way to stop violent crime is to lock up the habitual criminal for longer than the criminal who only commits one or two crimes. The Rand Corporation recently released two studies, ' statistically reenforcing the notion that there exists within society a "class of violent predators", gathers information which distinguishes the characteristics of these "violent predator" type criminals. Their findings indicated that the "violent predators" tended to have begun committing crimes before the age of 16, to have continuously indulged in an overuse of drugs, particularly heroin, to be unmarried, and to have been continuously unemployed. Interestingly, the Chaiken study compares the percentages of crimes committed by hardened habitual criminals with the all other one by Jan and Marcia types of criminals and have Chaiken, and the other concluded that these habitual Peter W. Greenwood, which criminals commit 1300% more support Professor Wolfgang's crimes. Experts claim that the bigcontentions. gest flaw in the Chaiken study The Chaiken study, besides Continued on Page 4 �No Solution to Heinous Legal Problem In a recent letter to the Opinion ["Harassment of Victim Deplored," October 26, 1982] fourteen law students raised several pressing and significant issues about rape and its victims. As the writers of the letter pointed out, these issues are important not only because we will all someday be attorneys, but because we are women and men living in a society saturated with fears of sexual assault: the Uniform Crime Reports released by the U.S. Department of Justice reveal that on the average of once every seven minutes a woman is raped in this country. What makes this statistic particularly horrifying is the fact that it is based on reported rapes alone and may reflect only 20 percent of the true incidence of the crime. Moreover, it is simply not true that most rapists are strange men who stalk women in the street at night. Studies by sociologist Menachim Amir reveal that more than 50 percent of the rapes are committed by someone the victim already knows and that 70 percent are premeditated. And contrary to a common perception, most rapes are intra-racial: white men rape white women and black men rape black women. These statistics suggest rape is more than just a heinous crime; it is a problem which permeates our friendships, our relationships, and oftentimes our families. it But the horror of rape digs even deeper is a crime which frequently leaves the victim shamed and violated by the judicial process designed to enforce justice on her behalf. It is a crime in which the victim is mistaken for the accused in that she is charged with the task of defending her reputation and her honor. As recently as seven years ago, evidence pertaining to the past sexual conduct of a rape victim was deemed admissable in court. But even with the law's subsequent protections against the admissability of such evidence, J.CPL § 60.42;1975] there refnains the prevalent attitude that a sexually active woman can never be raped. This attitude stems from the failure to realize that a woman is entitled to say "no" to a man's advances no matter how she may have conducted herself in her sexual past. (Strangely, the mode of thinking which confers a "bad reputation" on sexually active women, thereby denying them the ability (or right) to say "no," is the same mode of thinking which beknights an equally promiscuous man with the timehonored label "stud") For too long this society and its legal system has operated under the standard that a woman who brings rape charges must show that she really did not want to have intercourse. In fact, it was only this year that women in New York became free of the burden of proving that they had exercised "earnest resistance" in fending off their attacker. [L.1982,C560] It is as if the men who made the old law were never really convinced that the women charging rape didn't want to have sex with the rapist. If the victim of another violent crime, say robbery, were subjected to the same interrogatory assault in court as rape victims undergo, we would most likely recoil with indignance at the absurdity and irrelevance of the line of questioning (See story, page 4) In the interests of protecting rape victims from the historical assault on their privacy, New York enacted the new laws. We commend the State's actions but note as well that it is years too late in passing this progressive legisla- — J.D. 2 Opinion November 9, 1982 Vol. 23, No. 5 We are mindful that bringing charges of rape and suffering which can approach in magnitude the brutality of the act itself. But we do not believe that forbidding hard-nose investigation on a defendant's behalf is the answer. The price may prove too great. We believe that the law, as worded, safeguards the victim against the introduction of evidence if it is either contrived or irrelevant to the case before the jury. We do not mean to suggest that increased protection of and support for rape victims is not a pressing need deserving of immediate and serious attention. Rape crisis centers are an acutely necessary and sorely underfunded source of support. To encourage utilization of such services, what transpires between a victim and her counselor must be held completely confidential. (See story, page 4). Most importantly, however, is for women and men of every description to grow more aware of rape and its consequences and to become incensed about every such assault on human dignity and integrity. The task will then be to turn that anger and awareness into the constructive process of building a society in which women, as well as men, can walk the streets and enter friendships without the constant fear of violation or attacks. may carry with it a siege of harassment Editor-in-Chief Earl R. Pfeffer Managing Editor Glenn Frank Ray Stilwell News Editor: tion. The writers of the letter in the last issue appear to believe, however, that these new laws do not go far enough toward protecting victims of rape, for they would deny a defendant the right to have his attorney pursue a vigorous investigation which might turn up evidence supporting the defendant's side of the story. The fact remains that rape, like all other crimes, has a false accusation rate of 2 to 4 percent. In protecting the privacy and integrity of women who are raped do we dare deny the three percent of those falsely accused the right to gather evidence which might tend to show their innocence? Should we, as the writers of the letter seem to suggest, sacrifice the rights of an accused facing up to twenty-five years behind bars in order to prevent a harassed and frightened victim "who has already been the subject of a brutal experience" from having her "whole life...investigated, questioned, and judged?" The letter has posed a difficult issue; but we do not accept the result reached by its writers. We are not prepared to advocate the kind of trade-off they suggest. Although we agree that victims of rape need support rather than scorn from all sectors of society, we do not believe it would be wise or just to protect the victim by denying the accused the opportunity to gather evidence which in some cases may prove essential to achieving a rightful acquittal. Moreover, it is a premise of our legal system that the state must prove, beyond a reasonable doubt, all elements of the crime with which the defendant has been charged. In the case of rape, the prosecution's case depends upon the testimony of the victim, who invariably becomes its chief witness. In turn, a defendant has a constitutional Sixth Amendment right to cross-examine one who bears witness against him. In order for the defendant to effectively cross-examine that witness, it is necessary for the defense to investigate and uncover all facts that may be relevant to the alleged events. Tuesday, November 9,1982 Feature Editor: Photo Editor: Arts Editor: Business Manager: Mary Ellen Berger Gary Games John Stegmayer Frank Bolz Contributors: David Allen Cass, Carmen Grullon, Michael McGorry, Jill Paperno, Rob Turkewitz, Michelle Wong Staff: Wendy Anne Cohen, Jud Weiksnar Andy Viets, - Any republication of materials herein is © Copyright 1982, Opinion, SBA Opinion is strictly prohibited without the express consent of the Editors. published every two weeks during the academic year. It is the student York at Buffalo School of Law. newspaper of the State University of New SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of postage entered Opinion Opinion is a non-profit organization, third-class determined collectively by at Buffalo N V Editorial Policy of Opinion is Board. Opinion is funded by SBA from Student Law Fees. the Composition & Design: University Press at Buffalo. Editorial Letters to the Editor Who's The Victim? don't believe so. To the Editor: Beneath this finger-pointing, In the letter to the editor, the authors raised the serious "Harassment of Victim problem of rape in our society. Deplored," [Opinion, Oct. 26), They had the chance to several law students wrote seriously address this problem. concerning an alleged rape Instead, we were given a shodand an alleged assault. In the dy, simple, confused lecture of letter they asked us to "look at female-male relationships, that our role as attorneys" in such trivialized a serious social proasking While us to exmatters. blem. I believe that through amine ourselves as attorneys, these simplifications and they: an exfinger-pointing they did Label the male law stu- treme disservice to the prodent the "male attacker" and blems with, and surrounding, a accuse him of "assault" while rape. admitting that they "can only Finally, the letter ends in an speculate as to who did what appeal for "compassion for first"; others" in our legal training, Blame an entire adminis- and in the next sentence contration for the acts of a single demns the male law student for "assault" and "tampering faculty member; both of Dismiss a large segment with a witness" of the student population as in- which are denied by him and sensitive because of the crass are unproven. Is this the type of compassion they wish to comments of a few. dole out? One-sided? You bet it is. Are these the logical conclusions that a trained legal mind Brian Collins would reach given the facts? I — — — — Left in the Cold To the Editor: (hence, expense) to their homes make travel impossible University Housing is at holiday time, foreign reaching an all-time low in its students remain on campus degradation of students this and are housed in Red Jacket. Thanksgiving, and law students Other students who can't living on campus should be on leave, for whatever reason, are notice to the treatment to placed in lounges in Red which foreign students will be Jacket. subjected during the coming This year, while allowing students to remain as usual in holiday Typically, because distances Continued on Page 4 �President Reports Keen Interest in Committees by Jill Paperno Student-Faculty Committees The first duty of the board was to select students for student-faculty committees. Two board members were selected from each year to conduct interviews of approximately 90 applicants. Liz Garcia (first year). Rich Gottlieb (Ist year), Kathy O'Hara (2nd year), Dan Pease (2nd year), As there was no room in the Julia Carver (3rd year) and Jeff last edition of the Opinion, Shein (3rd year) each spent an this column will be an update average of four hours for two of the last month and a half. nights interviewing students. The past five weeks have been We all met on October 8 to hectic for the Board of Direc- make final selections. I tors. Our first feat was to assisted in interviewing each establish a regular meeting day night in the hope of providing Wednesdays at 4:00. Meetings some continuity. The interviewers were exwill usually be held in the first floor lounge, but please check cited about the number of inthe SBA bulletin board in the terested qualified candidates. mailroom for changes in the Of course, it was not possible meeting times as well as any to place 90 people in the approximately 30 spots. We urge SBA announcements. - those of you who did not make it this year to try again next year. Also, think about joining a Student Bar Committee (no interviews and no limits on how many may join). Students who were selected for committees are your representatives to the faculty and administration. Although alternates on committees may not vote, they also attend meetings and participate. In order for members apd alternates to best represent us, it is important that they receive our input. If you have any suggestions or criticism of school procedures or policies, contact these students or Student Bar Association board members. If you have been selected for a committee, please try to inform the students of nonconfidential issues your committee is dealing with. We hope to hear from you in the Opinion. ABA Representative Another selection made by the board was that of American Bar Association student representative. Rob Turkewitz was selected from those interviewed to be the U/B Law School ABA rep. For information about membership or future events, please see Rob. Sub-Board Sub-Board I, Inc. is the notfor-profit student service corporation at SUNY Buffalo. SubBoard provides a variety of services to all university students from money allocated from student activities fees. The law school has one voting representative and one alternate on Sub-Board. Our alternate Joyce Funda has become our Sub-Board thus leaving us representative, today's Opinion, and your efforts will be greatly ap- with an alternate position to preciated. Finally, please free fill. This position will have been filled the week of to approach any of the student, faculty, or staff represen- November 2. (For more information about Sub-Board, look tatives listed below with sugan article by Joyce in the for gestions for speakers. They are: later this month.) Lecture Committee Wants YOU So what is the Mitchell Lecture Series, anyway? In short, it's an ongoing program designed to present lectures by distinguished guests to the law school body. Funded by a generous endowment, the Series has been presenting speakers for over thirty years and again is planning stimulating lectures which provide depth and breadth to the law school program. Last year's program brought over twenty speakers to the law school, including a symposium on Human Rights and such distinguished guests as Clyde Summers, Slaughton Lynd, Daniel Ellsberg and many others. This year's plans include a major presentation to be gjven by Stewart McCauly in Aptil, 1983, critiquing the law and social science movement. In addition, noted legal theorists and social commentators including Karl Klare (labor expert), Leonore Weitzman (expert on marriage con- prosecution of white collar criminals as Chief of the Fraud Section of the U.S. Department of Justice) are slated to appear. Disbursement of funds for speakers is conducted by a faculty/student committee consisting of nine persons. Generally, Mitchell Lecture funds one major formal presentation and several less formal lectures each year. The least formal aspect of the whole process is the manner in which speakers are chosen. Although somewhat limited by financial considerations, committee members fund speakers based on student and faculty requests. When sufficient interest is shown in a particular speaker, the committee can usually arrange for a lecture. Thus, since student input is a key ingredient to a successful Mitchell Lecture Series, the committee asks you to contribute your' constructive recommendations. It only tracts), and Herbert Edelhertz takes a second to fill out the (directed nationwide federal questionnaire that appears in Opinion UNOFFICIAL RESULTS -72 Responses Student No. 53 sumbitted, 19 didn't Negotiating Contracts for Family urn a trntum _ ■ Law - Search ft Seizure If a new, centralized student union were to be approved, which of the following concerns would be more important to you? Completing the facility in the shortest possible time 23 Completing the facility at tbe lowest possible cost to students 38 Undecided II 3) Should the university's student governments sponsor a referendum to resolve the student union question? 37 18 14 3 4) A Economics - ATftT. IBM Ta« Reform Federal Regulation of Corporations Deregulation oatetToksefliiliiiil Impact on Consumers Yes Yes No —— immediately but not necessarily immediately Undecided If such a referendum were held tomorrow, and the proposal called for increases in student fees, how would you vote? 9 Yes A per Yes, if the proposed increase did not exceed $J_! 17 semester No 39 7 Violence Monopolies Undecided 2) Athletes and Entertainers Margars and Antitrust opinion, is additional centralized student union space needed on the Yes No 9 I — - Uw Incest In your i&2 Race in the American Legal Profession The Effects of Affirmative Action on Hispanic Hrspanics in the Law Enrollment in the Legal Profession i.e., lim Jones of Guyana, Squeaky Defending Unpopular Clients Froome Legal Rights of Native Americans International Law Human Right. Immigration Law International Law & U.S. Foreign Policy Military Spending/NuclearFreeze Campaign Legal Issues in the Middle East Entertainment Law Social Committee We would like to thank Jeff Shein and the rest of the Social Committee for the wonderful job they did in organizing the Halloween party. If you would like to help out with future events, please see Jeff Shein. Results of Opinion Poll Civil Rights * Family us. Amherst Campus? Please check the topics that interest you. (If you know of a person to present the lecture, please indicate his or her name in the margin.) Sports Presidents have agreed that other sources of funding must be examined. If you have any ideas about funding, talk to SBA Board members. We can all use the creativity offered to Student Union Room 427 The presidents of the stuNina Cascio, Finally a personal note- Last governments on campus dent Library, A.V. Department meeting with Dr. year's SBA president is in have been Richard Furlong, Box 69 Albany and we never got a Sample and other U/B adAnna Maria Richmond, Plans for a stu- chance to talk so things are beministrators. Box 196 dent union have been discuss- ing done a little differently this Penny Rubin/Box 467 year. This is probably a mixed ed. The source of funding beBruce Schonberg, Box 219 blessing. at these If there is anything considered ing Prof. John Spanogle, Room 414 meetings to you would like to see SBA doa twelve has been Prof Paul J. Spiegelman, fifteen dollar additional stu- ing, please let any director or Chair, Room 418 dent fee per semester. officer know. Thanks. Mitchell Lecture Survey Multinational Corporations Constitutional law Impact of Reaganomics on the Bill of Rights Fourth Amendment guarantees of the Constitution .22 Caliber Killer Case Reform of the Judicial System Insanity Defense ministrative representatives. Since that time a number of Student Government Prof. Barbara Blumenthal, 1) - After being questioned by students about this plan and raising some questions of our own, the members of SBA debated what our role should be in this planning forum. It was decided that we could not actively participate in a process that only considers a student funded union. We feel that alternatives to student funding, such as state and private sources of funding, must also be examined. I have explained the SBA Board's position to student and ad- •9*5.00 Undecided ---- .10.00 $15.00 $20.00 $25.00 $100.00 $150.00 5 votes 3 votes 2 votes 2 votes 3 votes 1 vote 1 vote N»«»mfc«r % IM2 OfWt* 3 �Pennsylvania Paves Way in Rape Legislation by Marion L. Russ Editor's note: This article appeared in the SeptemberOctober 1982 issue of the newspaper of Women for Racial and Economic Equality (WREE). When a rape victim turns to a rape crisis center for help, can she be confident her conversation with a counselor will be kept confidential? She can, if she lives in Pennsylvania, thanks to the efforts of Anne Pride and Pittsburgh Action Against Rape (PAAR). In December 1981, Governor Thornburgh signed into law Senate Bill 532, making it illegal for a rape crisis counselor to release information or to be subpoenaed to testify to anything that has been said in a counseling session. The law is important because it insures that rape jail, Ms. the center was first flooded by Ms. subpoenas and second by calls attorney through her Pride, matfrom former clients expressing Ann Lee Begler, took the ter to the Pennsylvania concern over the confidentialirape crisis Supreme Court. In the months ty oftheir records. A The victory did not come that followed, support for center in another county easily. It began in July 1980, PAAR's position flowed in reported that it had burned all when a PAAR staff member from all segments of the comof its counseling records in an was serving as an Advocate for munity, and from all across the attempt to preserve the the victim in a rape case. The state, from women's centers, privacy it had promised its defense attorney, in the middle rape crisis centers, police clients. The number of of the trial, demanded access departments, YWCA's, and anonymous phone calls to to PAAR's counseling records. PAAR's hotline shot up sharpmany individuals. He argued that the woman ly, from 32% in August of 1979 The Supreme Court decision to 61 % after the confidentialimay have told a PAAR counselor something other was a sort of half and half, ty issue became known. Some than what she had testified in lukewarm opinion. According women discontinued badly to Ms. Pride, "It was not bad, court. Says Anne Pride, Direcneeded counseling for fear but it was not what we wanted. their records would not be really was tor of PAAR, "There no record. Ou» folder con- It did not give us total con- kept private. tained only a few standard fidentiality." Following the Supreme forms and even those were After PAAR's battle for ab- Court decision, PAAR with the sparsely filled out. We typical- solute privilege became news. Pennsylvania Coalition Against ly keep very few notes anyway. But, we refused on the principle that anything that was said to us, was said to us in the belief that it would be held as scious decision to comply with by Connie Borkenhagen confidential." She was found his demands rather than in contempt of court. Editor's note: This article ap- resist?" "Yes." peared in the Sept. 1975 issue of Student Lawyer. The author "Did you scream? Cry out?" University "No, the I was afraid." is a of graduate impressive there is Although "I see. Have you ever been statistical evidence supporting of New Mexico Law School. held up before?" the idea of selective incarcera"No." In the following exchange, a tion, one cannot help but obquesvictim is asked "Have you ever given hold-up to on that grounds it the ject people should not be locked tions similar to those asked of money away?" "Yes, of course..." ' a rape victim. The testimony, up simply because they fall in"And you did so willingly." to a category, but should be indeed, the whole line of ques"What are you getting at?" locked up based solely on the tioning, would be inad"Well, lef s put it this way, crime that they commit. Once missable. In the case of the locked up, the State must rape victim, it would be quite Mr. Smith, You've given money decide what its role is going to allowable and quite standard. away in the past; in fact you've "Mr. Smith, you were held quite a reputation for philanbe as a detentive agent. The trend in sentencing has up at gunpoint onthe corner of thropy. How can we be sure that you weren't contributing been to move away from con- First and Main." to have your money taken "Yes." sideration of such things as "Did you struggle with the from you by force." "selective incarceration" and victims will have absolute confidentiality when they turn to a rape crisis center in Pennsylvania for assistance. Threatened with from Page 1 distinguishing characteristics of these violent predator-type criminals. However, the valuable information that is compiled in this study suggests that selective incarceration is viable. In the Greenwood study, Mr. Greenwood showed that 50% of all convicted armed robbers said they commited less than 5 armed robberies a year, while 10% said they committed over 80 a year. His study also reenforced the presence of the distinguishing same characteristics alluded to in the Chaiken study. Greenwood concludes, based on his study, the Chaiken study, and the Wolfgang test, that the public would be better served if the courts through a process of selective incarceration gave shorter terms to most armed robbers and longer terms to most habitual offenders. Greenwood points out that this would reduce armed robberies by at least 15%. tect the confidential relationship between rape counselor and rape victim were introduced. While the legislature debated the issue, several rape trials in Pennsylvania relied upon the Supreme Court's decision and in three cases, records were turned over to the defense. The Pennsylvania legislature put an end to the confusion by passing a law which guarantees absolute privilege between counselor and victim. Congratulations are in order, not only to Anne Pride and PAAR, but to Pennsylvania as the only state in the U.S. to have such a law. Rape Testimony: A Perspective . . Incarceration Continued is that it is not comprehensive towards defining what some of the solutions might be towards correcting some of the Rape approached the Pennsylvania State Legislature, and several bills designed to pro- the likelihood of rehabilitation and recidivism, and to sentence based solely on the discernible circumstances of the case. However, there is also a growing number of states permitting tougher sentences on repeat convicts. Although the debate on punishment is far from over, the case for selective incarceration has arisen to the top of controversy once again. NOTE: All statistical information was obtained from the October 8, 1982 edition of The Wall Street Journal. "You were out walking on the street at 11 p.m. Doing what?" "Just walking." "Just walking. You know it's quite dangerous being out on the street late at night. Weren't you aware that you could have been held up?" "I hadn't thought about it." "What were you wearing at the time, Mr. Smith?" "Lets see...a suit. Yes a suit." "An expensive suit?" "Well...yes. I'm a successful lawyer, you know." "In other words, Mr. Smith, you were walking around the streets late at night in a suit that practically advertised the fact that you might be a good target for some easy money, "Listen, if I wanted..." isn't that so. I mean, if we robber?" "Never mind. What time did didn't know better, Mr. Smith, "No." "Why not?" this hold-up take place, Mr. we might even think you were "He was armed." Smith?" asking for this to 'happen, mightn't we?" "Then you made a con"About 11 p.m." students find a off this Coming Into The Cold Thanksgiving. wonder how ing foreign place to campus I Continued from Page 1 to mention the fact that, on an one goes about that when the overcast Buffalo day, one's goRed Jacket over the Thanksgivfriends one has are from ing recess, the University is not ing to have to strain to see Korea, China, Japan, India, etc. The whole point of segoing to provide them with anything in what daylight there heat, electricity or hot water, is.). And, how about safety' I questering students in one area except between the hours of 7 personally wouldn't like to be is to save money, but if the p.m. and 7 a.m. I find this unsitting in a pitch black lounge University is going to provide a conscionable. without being able to see who place for its students during was coming in to share it with the holiday recess, it should at November is not one of Buffalo's warmer months. Even a me. least be habitable. well-insulated home with no I can think of more pleasant Therefore, all of you law heat would be cold, but think ways of spending a vacation students who currently live on secutor's chief witness was of a dormitory, where the wind than having to get up every campus: be forewarned. Arlene Zwilling, the victim of whistles in through ill-fitting day in order to get a shower Remember that we return to the alleged rape. At the con- and/or broken windows and before 7 a.m., or, if I cook for school in January a week myself, to make breakfast before the undergraduates and clusion of the hearing, doors. Imagine waiting in Eastern (which I would have to do may have to face a similar presiding Judge Roberts bound the case over to the Grand Jury Standard Time pitch blackness since the next possible time 1 situation. after the sun has set until 7 could cook would be 7 p.m.). for return of an indictment. p.m. just to be able to see (Not The University is encouragBarb Barton Preliminary Hearing Held A preliminary hearing was held on October 29 at 2:00 p.m. to determine whether there was probable cause for the arrest ol Angelo Constantino, Mark Humphrey and Steve Whelan on the charges of first degree rape. The pro- OPEN ._ T0 MOOT ALL students 4 . Opinion a. ' COURT COMPETITION ROUNDS November 9,1952 PRELIMINARY rounds SEMIFINALS FINALS 11/9-11/82 11/12/82 • 11/13/82 ■«*#-__ 7&9pm 9 Dm w 9 7f & |/iii 2 Dm H" 1 * �"/ never did like working the circulation desk. The people in A.V. really know how to live. " "Gosh, lady — I only asked for a light!" HALLOWEEN GRAFFITTI PARTY Photos by Gary Games "You'll never see me wearing a dumb costume on Halloween.' >o'>a . ■: i trtjji.ii uov Jsrtt O-t niH*. ysnom '.uwy &--~rt ;> "You really should try the cider. The woman to your right says it will knock your socks off." "Well, we certainly aren't the Coneheads." "I don't care about cost basis. Give me a beer!" "Trick or treat!" NOVCMOtf ™, V|MrllOf\ 5 �Deficit Tied to Tax Policy FGDFGDFGDFGDFGDFG by John McDermott Editor's note: John McDermott, a professor of labor studies and the coordinator of the labor studies program at the College of Old Westbury, is the author of The Crisis in the Working Class (South End Press). This article first appeared in The Nation, Aug. 21, 1982. After drawing up a 1983 budget with a deficit of considerably more than $100 billion, President Reagan exhorted-Congress to pass a Con- Origins of 'Monopoly' Copyright Disclosed by For almost forty years, this Chuck Fager campaign succeeded brilliant- ly. But now the truth is seeping out, thanks to the research and struggle of Ralph Anspach, tions, including Boston, professor of Economics at San Phoenix, and Washington, Francisco State University. Ten D.C.'s City Paper. This ankle years ago Anspach invented a appeared in the September game called Anti-Monopoly, in 29,1982 issue of In These Times. which players competed to see He has played Monopoly for who could most effectively many years. bust up imaginary corporate Editor's Note: Chuck Eager writes regularly for several weekly publica- One of the longest and most complete cover-ups in modern American history is finally coming unravelled. I'm not talking about filling in the eighteen minute gap on Richard Nixon's famous Watergate tape, nor of monoliths. Parker Brothers didn't cotton to either the game or Anspach's name for it and sued to stop him from selling it. But Anspach countersued, charging that the name Monopoly predated Parker Brothers' game, and thus was in public domain. While doing research for his suit, Anspach establishing the identity of Deep Throat. discovered the true story of No, this cover-up was longer Monopoly. Monopoly was first called than Watergate, more successful than Watergate, and The Landlord's game. Its invenhas left its mark on two genera- tor, a Maryland woman named tions of Americans. I'm talking Lizzie Magic, was granted U.S. about the cover-up of the true Patent Number 748,626 for it origin of Monopoly. on Jan.5,1904, 30 years before Thafs right. Monopoly. The Charles Darrow supposedly number one best-selling thought it up. Magic was a American board game of all believer in the anti-capitalist time; the foundation of the economics of Henry George, long-running prosperity of who taught that speculation in Parker Brothers; the game land values was at the root of practically all of us grew up modern society's social and with. financial problems. Her game According to Parker was aimed at exposing these Brothers, Monopoly was the evils. brainchild of one Charles DarThe sketch of the row, who thought it up in his gameboard filed with the PaPhiladelphia kitchen while he tent office shows striking was unemployed during the similarities to the present Great Depression and then game. The Landlord's Game inmade millions from its un- cluded four corner spaces, precedented success. Most of especially the Jail and "Go to us have read this account as an Jail" in opposite positions; four introduction to the game rules, railroads, one in the middle of in any one of scores of each row; a waterworks and magazine articles on the game, electric company in the same or in Maxine Brady's places; and ascending rents "definitive" 1974 tome, The and property values around Monopoly Book. the board. But the story is a lie. Darrow The parallels are obvious. did not invent Monopoly; he But there are differences too: stole it, and lied to Parker the properties have no names; Brothers about being its there is no Community Chest creator. When the company or Chance; the name is not the discovered the lie, the game same. had already become a bestBut even so, Charles Darrow seller and was pulling Parker doesn't merit much credit for Brothers back from the edge of the game's evolution. Lizzie Depression -induced bankruptMagic made some copies of cy. But rather than risk losing her game and dozens of peocontrol of its hottest property, ple, mostly Quakers in the midthe company joined Darrow in Atlantic states, played, ena campaign to bury the game's joyed, and modified the game true origins. Continued on Page 8 6 Opinion November 9, 1982 vestment." But even a few a generally conwere handed to economists, breed, have questionbusiness, but minor "reforms" servative the assumption that were enacted nearly every ed alike. Some years, major tax breaks year. There has been nothing secret about the write-offs made available to corporations. The important onesdepreciation generous allowances, credits for taxes paid to foriegn governments, deferral of taxes on overseas profits and the like- are vaguely familiar to most people. Taken together, however, they have had important and littleunderstood effect. They have requirstitutional amendment ing a balanced federal budget. made it relatively easy for That was a bit like W.C. Fields businesses to write off their capital assets-plants, land, calling for Prohibition. machinery-and convert them Washington Everybody in deplores deficits, but nobody into liquid assets in the form of can agree on what causes tax refunds. Tax write-offs also them. Some blame the growing shield a portion of a national debt on excessive company's profits from those spending for social programs. who would normally have a Others pinpoint Pentagon claim on them-the 1.R.5., waste. Still others blame the workers, suppliers, and recession, with its concomitant shareholders. Management is high interest rates and rising free to dispose of these retainunemployment. Liberals and ed profits more or less as it conservitives, hawks and wishes. Multinational corporadoves, Keynes ians and supplytions, for instance, can shift siders all have different the money to overseas branches. As a result, nearly half of theories. But these explanations fail all U.S. corporate profits never to consider an obvious case: find their way onto the balance Federal tax policy. A cursory sheet. look at the nation's tax history The retention of huge sums since World War II shows that in unencumbered liquid assets, tax policy has been consistent mainly by U.S.-based multinain one area. The tax burden on tionals, has contributed to the big business has been decapitalization of American systematically eased by shifindustry-that is, the failure to ting it-or at least part of it-to maintain current industrial individual taxpayers. The assets and the refusal to imresulting shortfall in revenues prove or replace them. It has has been made up by borrowalso triggered the wave of coring. porate acquisitions, the outLet me illustrate. In 1946, in- breaks of currency and comdividual taxpayers paid 50.1 modity speculation and the percent of all the taxes rapid expansion in the Third Washington took in; 45.9 perWorld that have marked the cent ofthis amount was paid in past decade. The recent proincome taxes and 4.2 percent liferation of corporate political action committees, in payroll assessments. Corporate taxes made up thirty which will spend an estimated $80 million in the next percent of the total, with virtually the entire amount comPresidential election, must ing from taxes on profits. For also be attributed to part of every $5 in Federal revenues the cash that is swelling corpaid by individuals, corporaporate coffers. tions paid $3. To be sure, the great tax By 1976, the picture had giveaway to business has been altered dramatically. Personal carried out for an ostensibly income taxes made up 52.6 sound economic reason: it is percent of Washington's take, supposed to "encourage inand payroll taxes (which are notoriously regressive) had climbed to 24 percent. Big business's share of the tax Proposals for activities load, meanwhile, had fallen to to enhance University life 15.5 percent. In other words, are being sought by the the Internal Revenue Service Student Activities Steering Committee, which has was drawing 77 percent of its collections from personal inbeen allocated $10,000 by come taxes. For every $5 in the Faculty-Student Federal revenues paid by inAssociation to fund apdividuals, big business paid $1. proved grants which canBy 1980, the corporations' not normally be funded share was 13.9 percent, and through other sources. Any this should drop another member of the University percentage point or two once community may submit a all the tax breaks written into proposal with a budget the Reagan Administration's estimate to: "economic recovery program" have taken hold. Student Activities Steering The massive transfer of the Committee tax burden from business to inc/o Student Affairs dividual taxpayers has been a 543 Capen Hall steady process throughout the Telephone: 636-2982 post-war years, occurring under Democratic and Proposals may be subRepublican administrations mitted on forms available business will recycle untaxed profits into new plants and equipment. In a 1976 Brookings Institution study, for example, it was argued that the investment tax credit in the manufacturing sector alone cost the U.S. Treasury $13.7 billion in uncollected revenues from 1954 through 1966. Yet the credit generated only $4.8 billion in new investment during those years. Tax breaks for corporations have not only failed to produce the investment flow they were supposed to; they have also had the unforseen effect of causing a rightward shift in American politics. Beginning in the 19705, the perception among many Americans that they were forced to bear a heavier tax burden has been translated into a backlash against government spending. Imagine two people pushing a car up a hill. One of them isn't pushing very hard, so the other one has to make more of an effort. To him, the hilT seems to be getting steeper, the load heavier. At some point, the harder pusher (read taxpayer) is bound to say, "This is too much for me. I've got to figure out another way." Enter Ronald Reagan, offering to lighten his burden by slashing wasteful and unnecessary spending. The chronic hard times of the 19705, which increased the Federal deficit, have thrown liberals on the defensive. The debate of the causes of the deficit focused on Federal spending, and the supply-siders in the White House and in Congress rammed through their tax cuts. The questions' in the debate were framed in terms favorable to the right. First, should we have bigger deficits, or cuts in spending? Answer: cuts in spending. Second, should the reductions be in social programs, or in the defense budget. Answer: social programs. The best way to alter the of the debate is to Continued on Page 8 terms Grant Proposals Sought at that office or in the form of a letter. Submissions should include the name of the proposing individual or organization (with a person to contact), and a detailed estimate of expenses. After initial screening, proposers of projects being considered may be invited to meet with the committee to discuss their requests for funding. The committee seeks creative responses to University needs which will benefit a substantial segment of the student population and the University community. Deadline for receipt of applications is: NOVEMBER 12, 1982 �Take the Bus, and Leave the Fantasies to Us by Andy H. Viets years past when we made our Since coming to U/B this past August, I have had the luxury of travelling in and amongst the campuses several times on the university bus system. Two such trips have resulted in most fascinating ex- periences. Let me emphasize that I am not one to indulge often in such excursions. It is only done out of a matter of absolute necessity (ie, laziness or lust). Let there be no doubt as well that I am nothing but thankful for those wonderful transportation machines. What else could so vividly bring to memory those halcyon days of New Waves that one risk-to take the U/B where certainly the most before we got in range. bus. "Damn!"said the salient thing is to get a seat on I stood by the curb, eyeing the bus. driver/pilot. "The commander my fellow potential I was in. I had my space. I will not think well of this." We continued on, taking the passengers. They seemed to be was at peace with myself and a decent lot, but when it came with the universe, prepared to turns on two wheels. I have to head. to boarding the bus, I knew cruise through the cosmos, or admit that the driver was good. Enough of this teary-eyed things would change. I glanced so I imagined. It was not to be. The bus didn't flip over on its reminiscing. It is time to get to down the road and saw that The steel plastic and rubber side once the whole way there. the matter at hand-two of my beautiful hunk of metal gliding mechanism surrounding js lurThe bus soon began to make ventures on that bastion of towards us. It was a sight to ched forward-then stalled. The its move around Flint Loop. I transportation, the U/B Bus behold, to cherish. Then suddriver turned the key iri the ig- knew what I had to do, and I System. denly, it happened! More than nition. The engine's heart-ft.'lt did it. Could you please stop Venture No. 1: It was a dark twenty seemingly normal, gen- attempt to turn over here?!?" I shouted. "I want to and stormy morning. This certle, mild-mannered U/B reverberated throughout the get off!!!" It had been done, so tainly did not distinguish the students became maniacal bus. Finally, it happened. I 1 did it. I had learned. The first start of a new day in Buffalo. animals, clawing their way could feel '.he meta 1 brating time I made this trip I had Something else did though. In- through the just opened doors beneath me as if it vvt.e alive. I neglected to make known my stead of walking to John Lord of the bus. I was one of them. I liked it. It felt good. wish to get off at this point. O'Brian Hall, I decided to do liked it. It was as if we had I was seated near the front, Before I caught on I had made it, to take that one chance, returned to our state of nature just a few seats behind the six round trips to the Main driver. The driver, however, did Street Campus and the Ellicott not think that he was a driver. Complex. He thought that he was the Venture No. 2: It was. a pilot of an F-16 fighter plane. peaceful day, a calm and sunAs we eased down the road, a ny afternoon. It was time to flock of seagulls could be seen head off for Main Street to pay and 11:30 a.m. BCMK, in case Thursday night, CFNY has a just above the pavement a my bill. It was a moment to "Live from London" show hundred yards you haven't heard, is the Bufin front of us. board the U/B bus. falo College of Musical where someone with a British Words can hardly describe I walked out of O'Brian and Knowledge, a recording accent (real or fake, I don't what happened next. over to the bus stop to wait. I cooperative formed by musi- know) tells you what's happenthat "Enemy at 12 o'clock," said soon saw it coming cians Mike Brydalski, Tommy ing on the concert scene, club the driver/pilot. He increased gorgeous hunk of steel glistenCalandra, Mike Warner and circuit, and radio beat in the speed of the bus/fighter ing in the sunlight. It came to Bernie Kugel. Host Louie the England. plane while bearing down on stop in front of me and opened Mad Vinyl Junkie airs a wide the birds. They scattered Continued on Page 10 variety of musical styles performed by local artists on the half-hour Tracks show. Louie by Glenn Frank usually has an interesting in i»a. ■■$ guest, and you might be sur|y prised by the talent that ___. ___. _—. ____■ ■_ abounds in the Buffalo area. Finally, if you've got a powerful FM receiver, you should be able to pick up CFNY (102 FM) from Toronto. CFNY specializes in elec■ ■ tropop, new wave, and dance rock, however you prefer to __r° refer to it. The farther north you live, the better your reception will be. You might even pick it up in stereo. CFNY isn't afraid to play new music. For example, they were pushing Haircut 100 last spring when none of the Buffalo stations would touch it. At 10:30 every way to grade school on that fabulous four wheeled vehicle, the school bus? It brings tears to my eyes, cramps to my stomach, and pains to my , Buffalo Music On the Air by )ud Weiksnar Where do you find out about what's new on the music your when scene Opinion entertainment columnist has too much work to go out and review the acts for you? While most listeners who have progressed beyond the Top-40 stage consider the radio dial a musical wasteland, there are opportunities to hear good new music if you know where to find them. In other words, there is life after 97 Rock. Every other Wednesday at 10 p.m. Geoff Copp of the Perils hosts a new music show on the U/B radio station, FM 88. Geoff plays the latest in "pop, punk, and new wave", if you can make those distinctions. You won't hear those selections on any other local station with the possible exception of WUWU (107.7 FM). If you're interested in the local music scene, WUWU airs "The Tracks of BCMK" every Sunday at 5 a.m. (yes, 5 a.m.) — CrOSSWOrd i ■ ■? k J7 Fm !"~P^S»vt| I c R j'© Ik? 111 I I On the Dark Side viewers would be as spaced out as the main character In this movie, the main when they saw the film. Hence, a they wouldn't care for or recharacter is Pink Floyd the Throughout quire any guidance. rock superstar. Nevertheless, this viewer did film he is situated in a hotel room, surrounded by filth and attempt to make sense of this spaced out on drugs, while film. But, after a while I contemplating suicide. As became convinced that I had bought a ticket for a bad trip. viewers we are taken on an imaginary trip into Floyd's mind. As for the film's good atHe reminisces about his tributes: it makes some very miserable childhood, overbear- relevant statements about war, insensitive racism, sex, education, and ing and animation, The death of his war- life. teachers, the hero father, his broken mar- cinematography, special efriage, and the difficulties of fects, and music are excellent. being a superstar in the rock The musical score is beautifulworld. He also imagines ly timed to the visual effects. himself as a Njjzi-like dictator, Lastly, the main character's and in the process displays performance as a suicidal, man's most negative nature. spaced-out cadet is quite convincing. excessively is The film violent and extremely depressConclusion: Pink Floyd The of or is a visually and musicallogic It no Wall ing. has sense timing. It's one big maze full of ly extraordinary film. If this is confusing and drawn-out enough for you, go see it. contradictory scenes. Further- Otherwise, take your own trip more, no attempt is made to down memory lane. It's bound provide the viewer with some to be more pleasant. On a guidance at any point in the' scale of Ito 10,1 being lowest, film. It's as if the makers of this this film rated a 4. film just assumed that the p p I w ■ w vM_l by Carmen Grullon ■■■ - ft — -_•__•■ -_-_• i jT" """" """" "™" ACROSS Sieve 1 5. 8. 13. 14. 15 16. 17. 18. 19 20. 23. 25. 26 27 31 34 35. 36. 38 39. Chem. comp. Train hopper and friends Capital of Norway Guevara Solo George Roy Hill film (with A) Compete Mil. entertainment org. Enemy A pointed instrument College in the So Lan Fleming's Doctor Prefix with lithic or classicism Block of cotton Character in a Malamud short story Airport code for city in Texas Engage in uncontrolled revelry Bytch Cassidy's Hole (4 words) Pale Dr.s' asst mW hi ■ i i XT i ■ tfo •»_■_■_■■■■»■_■- I ■ **| - 00 to «■ °§ __. 12. 21. 22 24. 27. 28. 29 30. 31. 32 33. or animals 41 Tdne two 42. For 45. Wood bisector 48 Watt's dilemma 50- Style; flair 51. Birthstone 53. Rowed 54. Suffix with lobby or motor 55. Incite 57. Call 58. Class action drug 59. Smaller quantity DOWN 1. Bob Gibson's forte (abbr.) Town on Long Island Orville Wright was one Baby Lawyers gp. Hog's thigh bbm B??" """" """" 40. Pouchlike structure in plants Pertaining to i J 37 IB I """"■ ■?* """ Redford role ■"—" I IfY 2. 3 4. 5. 6. 7. 8. 9. 10. 11 """ the fibula. Former King of Norway Pro A single occurrence ' Observe Twelves take (2 words) Learning inst. Cereal seed husk Own in Scotland One of a cord Loveable alien Sinatra's lost soldier and outs Indefinitely large or small number 37 Exam for grad. sch. 41 Flat boats 42. West Point freshman 43. Erased (var.) 44 Turned 45. Pahlavi 46. Prefix indicating air or the at mosphere 47 Small brownish bird 49. Model 50 Equal (var.) 51 Lid 52. A lyric poem 56. Eliot November 9, 1982 Opinion 7 �Deficits . calculate the long-range effect of tax policies on the national debt. In the 19705, U.S. corporations paid a total of $470.2 billion in taxes, or 16 percent of Federal tax collected. In the 19605, they paid roughly 22 percent of Federal tax collected. Had corporations paid the same share of Federal receipts in the 1970's as they did in the previous decade, the government would have collected an additional $171.3 billion and would have saved an estimated $64.9 billion in interest payments on the money it borrowed to make up the difference. Thus the effect of tax changes during the 1970's was to divert $171.3 billion from the Federal treasury into the coffers of private corporations and to shift an additional $64.9 billion to the big banks. And the national debt grew by just over $500 billion. Since the 1960's were prosperous years for big business, the 22 percent burden was. apparently not harmful. The 1950's were also banner years Continued from Page 6 in the previous two decades. The significance of that shift of $639.5 billion to big business becomes apparent. We can account for the entire rise in the Federal debt in terms of tax reductions that benefited big business and banks. This analysis of the causes of the huge Federal deficit and of the Federal debt itself is admittedly unorthodox. Orthodox liberals single out expenditures for defense and for related space and foriegn military aid programs as the culprits. Yet during the 19705, when the Federal debt grew rapidly, defense expenditures as a percentage of the gross national product even fell a bit. Perhaps more to the point is the fact that much, if not most, of the money turned back to the big corporations and big banks finds its way overseas. There the immense new flow of funds to international corporations pays for their aggressive expansion in the Third World. And that expansion is dependent on a U.S. foreign policy that is forever finding points of conflict: unceasingly with the Soviet Union and Cuba; yesterday with Vietnam, Chile, and Iran; today with El Salvador, Nicaragua and even Grenada; tomorrow with some new threat to the subsidizing of economic power. almost 20 percent to such programs, and West Germany which spends 30 percent. Progressives must no longer allow the issue to be framed in terms of spending policies, and they must no longer take part in the search for the magic number that would denote the right proportion of the GNP to be spent on the poor and needy. For those who oppose the dismantling of the welfare state at home and the intensification of conflict with the Soviet Union abroad, th_e problem is political. In the past, liberals made a tacit deal with business, the terms of which can be summarized as follows: If you'll let us expand the welfare state, you needn't worry that we'll make you pay for it with your taxes." Business was excused from bearing its fair share of the cost on the theory that it would create an everexpanding economic pie that would enable wages to rise along with revenues. The shift of the tax burden from corporations to individual taxpayers and the consequences of that shift, should become a political issue for progressives. It gives them a compelling argument conservative against preachments that profligate social spending is the root of the deficit evil. Once this argument is met, the way will be clear to restore social pro- grams to the national agenda. When voters realize that business has not been pulling its weight, they will likely reject its claim that profits are falling and that deeper cuts in corporate taxes and workers' wages and benefits are needed to stimulate investment. When business says it has no money to invest and writes off important industrial assets (along with jobs) at the same time as it engages in an orgy of mergers and takeovers, commodity and currency speculation, and expansion overseas into low wage areas, the conservatives' argument for low corporate taxes simply don't wash. Gardens. (It was later misspelled as Marvin Gardens by the person who taught Charles Darrow how to play.) They also added the Community Chest, the $200 bonus for passing GO, and the "Get Out of Jail Free" cards. None of these people were interested in trying to sell the game, even though almost everyone who learned to play the game became fascinated with it. "We weren't business people," Ruth Hoskins said primly 40 years later. "We were schoolteachers. It was a good game the way it was." Another early player, remembering the anticapitalist origins of the game, said it was a point of honor among early devotees not to think of commercializing it. But if they didn't want to Magic Phillips, then a greyhaired matron living in Arlington, Va., and her games. The article, besides identifying her as the originator of Monopoly, features a photo of Board Game Origin Uncovered Continued from Page 6 in the following years. What Lizzie Magic created thus became essentially a folk product, in which many people played a role. When Magic's small supply of boards was used up, people began drawing their own on linen or oilcloth, giving names to the streets, using thimbles and buttons for markers and altering the rules as they played. One key group of players gathered in 1929 around Ruth Hoskins, a teacher at the Atlantic City (N.J.) Friends School. Hoskins had learned the game in Indiana from her brother, who learned it at college. By then, it had already been renamed Monopoly. Hoskins taught it to her acquaintances, mostly couples from Atlantic City or Philadelphia. These players decided to give the her holding the boards from of her earlier editions of the game, one of which clearly two has the word Monopoly written on it in large letters. She was still a follower of Henry that decade , business paid George, the article noted, and about 28 percent of all Federal did not regret losing the fortaxes collected. Had it contune from the game that tinued to pay the same share Parker Brothers and Darrow throughout the 1960's and were reaping. Except for this 19705, the Federal treasury short article, the official verwould have gained $424.5 sion of the game's history has billion more than it did and gone unquestioned by dozens there would have been further of reporters and writers who savings on interest of an Orthodox conservatives have published articles and estimated $215 billion. Thus, prefer to blame the deficit on comments on the game over a changes in federal tax policy excessive spending on social from 1960 to 1980 deflected programs. But in recent years number of years. This includes $639.5 billion from the U.S. the U.S. has spent only about coverage in the molt ' \ t « 12 percent of its GJMP/frß treasury. 'piop€i*tes»"*ariiaW IbcaM -sdhSt.-Rfrth MSUfoMd tef *sftrjVstteious periodicals in n * "publishing industry. In 1980, the total" fede'raf program.; compared" WTfrf nlmgs*,' "such* 8f "EiolrdwallC frrdrrir.*\rfd debt stood at $907.7 billion, those paragons, of fiscal recVermont, Oriental and Marven Monopoly. Ralph Anspach's But this hirjden history has haling grown by $616.8 blfhofi * titude, Japan, which'allocates research has established that now, thanks to the work of about a year later members of Anspach, been recovered and Hoskins'circle taught the game made public. In late August, to a young man living in the the U.S. Court of Appeals for tion, as its membership camthat will enable us all to Germantown section of the Ninth Circuit in San Franby Rob Turkewitz paign begins. An active in- broaden our horizons. ABA Philadelphia. Charles Darrow, cisco accepted Anspach'. volvement with the ABA will membership entitles each stu- one of his tutors remembered evidence and ruled that Parker Within the next few weeks, benefit students individually dent to subscriptions to Stu- with considerable understate- Brothers has no right to exstudents here at Buffalo Law as well as the law school ag- dent Lawyer and the ABA four- ment, "showed a great deal of clusive control of the term interest in it." He did indeed, Monopoly. Thus the professor will become familiar with the gregately. Further, the ABA has nal; opportunities to parwords American Bar Associa- the programs and resources ticipate in a variety of national but he also lacked scruples can sell his Anti-Monopoly competitions in areas such as about trying to profit from the whether the company likes it appellate advocacy, client game. In late 1934 he sold it to or not. Parker Brothers and its corcounseling, and journalism; Parker Brothers as his own infree one-year membership to vention...the rest is history, or porate parent, the General The seminar will cover all the ABA upon admission to the at least mythology. The New York State Trial Mills Fun Group, has said it Once Parker Brothers will carry its case to the Lawyers Association (NYSTLA) the cases that have been bar; low cost insurance; and exhas generously invited U/B Law reported in the past year that cellent opportunities to discovered Darrow's decep- Supreme Court. students to attend its seminar, affect civil trial litigation. AcThere is more in this court establish contacts with at- tion, they bought up all the DECISIONS, free of charge. cording to Buffalo attorney torneys and law students from early Monopoly sets they ruling than just vindication for The seminar will take place and local NYSTLA Chairman all over the country. What could find and paid Lizzie Ralph Anspach and his "brainMagic, now Mrs. Elizabeth child." There is also a picture November 20, 1982, at the Paul Beltz, who extended this more can one ask for? Sheridan Inn-Buffalo East (at invitation, "it is a worthwhile On a schoolwide level, ac- Phillips, $500 for the rights to of reality; what Anspach's and productive seminar taught tive involvement in the ABA her' Landlord's Game. Then research shows is that while Walden and I 90, Exit 52E). by some able professors and will help our school gain they began their immensely Charles Darrow did not "intrial lawyers." statewide and national successful campaign of pro- vent" Monopoly, neither did The program includes ses- recognition. We need this kind paganda for the official line any other one person. Lizzie Abortion: sions in Medical Malpractice, of recognition now more than that Charles Darrow was the in- Magic Phillips started it. But Legal and Illegal New Legislation, Products ever in today's competitive job ventor of Monopoly. They did the game evolved from the Liability, Construction Acmarket. If 35% of the students this most of all to protect their playing and tinkering of huncidents, Trial Practice, at U/B Law become members, right to exclusive control of dreds of other people over Discussion and Films Evidence, Contribution and In- we would be eligible for ABA the game, for if it could be three decades. Maybe that is demnity, Disclosure, Motor funding, up to $750 per project established that Monopoly had how the game came to evoke Vehicles Liability, CPLR, and or event, and a maximum of been made and played before the commercial spirit of our Tuesday, November 16th Worker's Compensation. $1,500 per year. Wowl What a they produced it, the game culture so well; it is not only in A luncheon will be held and deal: I can improve myself and would be in the public domain; the public domain, it may even 7:30 p.m. students may attend it at cost, at the same time help my beyond their exclusive control. be said to embody our public Room 112, O'Brian which is $10.00. school! But how much is this This cover-up was so suc- domain. Students wishing to attend going to cost? All this for the cessful that Anspach found onBut I still say Boardwalk and the seminar need only sign the low annual cost of $8.00! 11 If ly one article that penetrated Park Place are worth more list posted outside Vivian Car- you don't do it for yourself or it. In the Jan. 27, 1936 than any other two monopolies Sponsored by CARASA cia's office (Room 311). for your school, then do it for Washington Star, there is an and all four railroads put and the Guild unsigned article about Lizzie together. your resume join the ABA. for big business-indeed just about the best ever. During .- " ABA Rep Solicits Membership RSVP to Free Seminar E.R.P. 8 OpMtOR NoveMber 9, 7992 — IharWif �I j PASS THE BAR EXAM 3_W ___■ I I I IB | I| I Don't gamble with your future • bar/bri will get you through the bar exam. BAR/BRI has grown dramatically over the last few years due to its unmatched success in the preparation of New York State bar examinees. | | That's why BAR/BRI is the most popular | 1 I a 8 | bar review course at eveiy law school in New Yoik State. Twice as many of Buffalo's graduates took BAR/BRI last year than all the other courses combined. j | | -ASK US THE REASONS WHY- | | I B 11 B H Rick Roberts Jill Paperno Irene Hirato Carol Guck Caimelo Batista John Oman JwDavktoff KimCrites Julia Garver Sara Hunt RonOsson Steve Shetnfeld JudyHotender SherriSamilow TomGcnter Joe Ruh Molly Zimmermann Leander Hardaway Ann Demopoulos Susan GiayCtonadio Jon Solomon Chris Renfroe Karen Russ Maikßeisman November 9,19*2 | D U M fl Opinion 9 �Bluebird ... SBA Fills Committees Continued from Page 7 SPC its doors. I moved into it as if being swallowed up. I liked it. It felt good. Before I sat down, the driver put it into gear and took off. Losing my balance, I fell onto two rather pretty young ladies. "We really have to stop meeting like this," I said to chocolate chip cookie. I liked it. It felt very good. The highway was not crowded. We had the open road to ourselves. The driver pulled down her goggles and increased our velocity. We were flying but had not yet reached our maximum. We needed them. something to push us. It soon "Just get off of us you jerk," came in the form of a flaming said one of the girls. red Datsun 280ZX, which pullMy pride properly plastered, ed up on our left side as if I got up and sat down directly challenging us. My driver was behind the driver. She was in ready. her fifties and had an air of ex"Don't think you're going to perience about her. I could tell pass me you little sucker," she she was tough and would get said, flooring it. We left that lis to Main Street regardless. foreign tin can behind us in a We were gliding towards cloud of exhaust. Millersport Highway when I We reached our destination felt it. This menacingly power- on time and with no fatalities. ful machine took hold of me. It It was simply amazing. It can was as if I had become one only be described in those with it. It was like sex. No-it words uttered by a famous was better than sex. It was like moon-walker: "This is one eating the perfect home-made small step for U/B, one giant d *$Uor * **Qor BPR Mike Colon Rita Hubbard Scan Courtney A-Manny Sanchez ADMISSIONS Steve Wickmark Ed Murfphy J_K Rick Roberts Sandy Blitz Sue Kozinn A-Scott Nadel Mitchell Lecture ASSC Penny I watched that beautifully bulging metal monstrosity drive off into the sunset. It was over. Let me close with just a few words: I like riding the U/B bus. It feels good. APPC Gayle Eagan Kevin Tripi A-Ellen Lawson Rubin Anna Marie Richmond Rich Furlong A-Bruce Schonberg step for U/B kind." Mike Ettinger Joe Coleman Dave Kloss A-Dave Cass Jim Everett Angela Reyes Jeff Shein A-Scott Nadel Library Appointments Mary Breen Tom Bantle Gwen Taylor Dave Wilson Seth Fitter Brendan O'Donnell Dave Wilson Sonia Tabe * Typ,nQ (beginning November 15th) Thesis Term Papers Cover Letters • Resumes Look us up for . all your printing needs! •rr-.. P?!! 9530 a.m. - 4:30 p.m. 0 _«AnM Wed. until 8:30 p.m. OpIMWI 10 rt&MGBtQf ™# I^W» •Typesetting • Stationary • • Process Camera Work • Invitations ....•■ �_m -"**' **" ' Last year BRC students left the bar exam feeling as though they were fully prepared. Students who took our competitor's course came out feeling ill equipped and cheated. Our competition claimed everyone was fooled. This is simply not true. We fully prepared our students while our competition gave excuses. YOU CAN GO WITH THE BIGGEST OR YOU CAN GO WITH THE BEST Compare the Materials for Yourself: BRC: THE BEST REVIEW COURSE DISCOUNT DEADLINE EXTENDED UNTIL NOVEMBER 12, 1982 For more information see the following campus representatives. Scott Nadel Joe Mcßride Diane Martin Al Solarz Kenna Brown Ed Robinson Pat Higgins Mary Mzior Keith Bond AlMokhlber RickJuda Jeff Shein Andrea Sanders (Ms.) Sidney Hodges Joe Saffioti Sandi Blitz Mary Salhus Mike Rosenbaum John Gibson Marc Fuhrman Tim Sheehan Bruce Schonbera BRC Course Outlines, Ethics Course and Materials are given for NO ADDITIONAL COST OR DEPOSIT. Compare for yourself. NOTE: I I Don't Miss The Social Opportunity of the Year! 11 Buffalo Law School Entertainment Card I The I II Discounts! Has Something for You Bullfeathers Lodge Scotch 'n Sirloin Grandma Lee's 3480 Milersport Hwghy. $2.50 Pitcher Genesee Cream $1.00 Drinks 'til Midnight 399 Maple Road University Plaza 15% off All Orders Rooties Pump Room Sun, Tues, Wed, Thurs, 8:00-2:00 .75 Draft & Domestic B'ttld. Beer $1.00 Wine & Imported B'ttld. Beer $1.25 Manhattans, Martinis, Gimlets $1.50 Fancy Drinks Millersport at Campbell Blvd. Mon thru Thurs, 9-11 P.J. $1.00 $3.00 off Double Wings $2.50 Pitcher Strohs .10 Wings 'til 11:00 "Remember to bring your wing coupons." Movie Tickets — $2.75 - North-Town Plaza Clarence Mall 10% off Stuffed Pizza Dine-in only; 1 Card/Table ||| Demos Restaurant 516 Delaware Aye. 10% off All Dinners if purchased at Law School Honored at General Cinema Theatres Everywhere including: University Cinema Boulevard Mall Cinema || Syracuses' Pizza Plant Bottoms 3270 Main Street Pitcher Miller/Lite Discounts $'s off All Commencement Committee Sponsored Activities 11l Don't Leave O'Brian Without It! November 9, 1982 Opinion 11 �Pro Sports Defy Legalities person A football player after completing his college eligibility, becomes eligible to be drafted by professional football teams of the N.F.L. The drafting order is based upon the prior season's standings, with the team with the worst record drafting first. Each team is allowed to select a certain number of players, but each player may only be selected by one team. Once drafted by a team, the player may only play for that team if he wishes to play professional football in the U.S. You have one of the most sought after collegians in the world, who in order to "work" in his chosen profession must work in the city that drafted him and under the terms which that team sets. It would be incomprehensible to have a top law or medical student at a top law or medical school be told that in order to be a lawyer or a doctor he or she must work where someone else tells him and for whatever that person will pay him. This practice, which would be laughed at and abolished as restricting com- petition as well as preventing a from gaining mean- ingful employment, is the accepted standard in professional sports. A look at the Buffalo Bills' problems with Jerry Butler and by Michael P. McGorry Joe Cribbs lends credence to the foregoing problem. Both Butler and Joe were drafted by the Bills and in order to play professional football in the U.S. were forced to play in Buffalo. Both were forced to sign long-term contracts at fixed rates or be unemployed. The contracts that each signed are typical of the contracts available to all top players, in that they are long-term (so as to lock a player into playing for that team for a long time), with a buy-out provision (if a player gets hurt while playing, the team can exercise its option of repurchasing the contract at a fraction of the original bargain) and without a no-cut clause (if at any time the team believes the player is however, if either or both do move to another team, that team must compensate Buffalo for its loss by giving Buffalo a player of comparable talent or a draft choice or money. Professional athletes are not allowed to quit a job and find employment elsewhere as "normal" people may. It is preposterous for such a rule to apply to businessmen or laborers in this country and as a result it should not apply to professional sports. The contracts which these athletes are forced to sign are clearly unconscionable under basic contract law, in that there is a definite lack of freedom of choice when entering into the agreement. The owners and teams are guilty of anti-trust and restraint of trade violations and the contracts are against public policy in that they restrict competition, yet they have not been cited for these not good enough, they may violations. "cut" him and sever the conThe final area of this article tract). is the lack of criminal prosecuIn order for Butler or Cribbs tion for criminal activities in to play for another team, they athletics. A person, by parmust fulfill their contractual ticipating in a given sport, is commitments or be traded. given a license to do whatever Even after fulfilling their conhe pleases, knowing that the commitments, only punishment that will be tractual I H- -T inflicted will be in the form of a league imposed fine or suspension. Never has a criminal penalty been successfully imposed upon a professional athlete for actions arising on the field of play. A few years ago Henry Boucha, a hockey player for the Minnesota North Stars, was partially blinded after being attacked from behind and hit over the head by Dave Forbes of the Boston Bruins. Forbes was found innocent of criminal charges in one of the only such cases to go to court. TTfl On October 12, Willie Plett of the Minnesota North Stars intentionally swung his stick like an ax and hit Dan Stephan, the goalie for the Detroit Red Wings over the head, knocking him unconscious. Plett has been suspended for eight games without pay and no criminal charges are pending. If eitherof the aforementioned had happened in a barroom or on the street, the persons involved would have been thrown in jail yet in professional sports there are no criminal penalties. — Law School Teams Stand Tall In Intramurals 60-38; Buffalo Braves taking Incidentally, try-outs will be Men's Rea, 60-21; Contract held for this year's team. by Michael McGorry Problems destroying the Law Anyone interested, please see School Champs, 48-39; Beagles Jim Kelleher or Mike McGorry. A look at the intramural bombing Supreme Tort, 46-24; Monday, October 25, markscene finds law school teams Herpes V nipping the Nix, ed the debut of two law school participating in five different 37-27; and Q-Stars downing the teams in the University's insports throughout the SUNYAB Muff-Divers. The preseason tramural hockey program. As system and doing quite well. favorite is Team 14, led by fate would have it, the two Sunday, October 31, marked former LeMoyne University Law School teams entered the start of the Law School standout Peter "I'm only thirty played each other on the first Basketball League. Games are pounds overweighf'Hogan, ex- night of competition, with the played on Sunday afternoons SUNY/Buffalo guard Mark Ice People Who Care beating and Wednesday nights Sacha, and Jimmy "carrot Advocates on Ice, 5-1. Ice Peothroughout the fall and winter. head" Kelleher. Each was on ple were led by the rock-steady A quick look at the first day's last year's Law School team Alan "Horatio" Salarz on results shows: Team 14 beating that finished third in the an- defense, and the big forward Ernest Croon's Earnest Goons, nual National Law School line of Dave "the Mad Italian" 58-32; Fat Daddy's Take Out Basketball Tournament at Moretti, John lacotonelli and hammering 300 Spartans, Western New England College. Lou "I'm a five letter man in Pro-ro Processing - Typing Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. Complete Editing Capability No need for retyping when editing drafts All Final Copy Printed on Rag Sunday, October 31, was the final week of the intramural football league's regular season. Playoffs start next week with two Law School teams among the 16 teams participating. Nice People Who Care, led by the passing and running of Danny "Mad Dog" Welch and the tough defense of Joe "Lead Boots" Ehrlich and Mike "I never snap" McGorry, pulled off the year's biggest upset when they knocked off the number one ranked Roughriders, 12-0. Crossword Solution Experienced in doing legal work Complete Resume Service Repetitive Work at Reduced Prices Personalized form letters, mailing Bond lists 16 Typestyles & Symbols to Related Services Provided Choose From Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available Printed to Look Like Typeset Or Typewritten All Work Guaranteed WHa\t\~pWei\o I Ol g L\oMic\H\fMA\l s\ r ' f ls ,0 OS Ifi? - 883-3348 Ask For Randy quetball?? Mir w r.z-lpU J | rjx[o THE ONION is COMING! it Submit by November 15, Whether you type or not, Proto-Type can provide you with highest quality work that computer technology can provide. Call Proto-Type Welch threw for two touchdowns and Ehrlich and Algios each came up with big interceptions, propelling them into the playoffs. Ehrlich labelled it "the biggest day of my life, except for my 'H' in Tax II from Louie D." Last weekend concluded the Law School Softball League with Hairy Palms, led by Vicki O'Reilly, defeating Al Spears' team, 2-0, for the playoff championship. Thanks everyone for participating) Finally, Rick Roberts is still ranked number 1 on this week's Racquetball ladder. I did not think that they let anyone that short play rac- puzzleonpage7 WoRD lupG law school" Algios. Captain Glenn "Bubba" Frank said "we did very well for our first game together; eh?" Uif 7Mp s7l|,A g £ ri }o|a |P|H {oliv|gßDlf|sH/>|/?l3|il OR ELSE... � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-11-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/9/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3b621bc44e4af689a322de1ef8090e1a.pdf 92ed20f9880b878b959ec01f391edee2 PDF Text Text Desmond Competition Inspires Aspiring Advocates by Wendy Cohen Moot Court Board members re"Last year, 120 people competpresent the school in competied. It's great experience in brief Dressed in their best suits, shoes tions across the country. While writing and oral advocacy skills. shined, knees shaking, notes neat- third year students who participat- It's good experience for anyone to ly written out on index cards, over ed previously are free to compete stand up in front of people and a hundred students will partici- again, Molly remarked "I noticed present a case," said Molly, who pate in an annual rite of passage maybe one team repeating reached the semi-finals last year. for second year students: the generally because it takes so much Last year's problem presented the Desmond Moot Court Competi- time." question of whether a contract tion. Approximately 68 teams will be between a surrogate mother and "This is a very well run competi- participating in this year's compean adopting couple was valid, and tion, as well run as any in the tition. Each team prepares a brief involved issues of family law and country," declared Charles Des- jointly, and then argues in front of contracts. mond, former Chief Judge of the local attorneys recruited as judges Commenting on the quality of New York Court of Appeals for on three different nights. Each students he has seen in the finals. whom the Competition is named. team argues "off-brief" at least Judge Desmond said "The stuJudge Desmond, UB Law School once, largely, Molly noted, be- dents do extremely well. Many do Class of 1920, will join Court of cause it's traditional in moot court better than front of in jobs lawyers Appeals Judge Matthew Jasen, competitions to argue both sides the He added Appeals." Court of Appellate Division Judges Dolores of the problem. Four teams will be — Denman and Michael Dillon, and Dean Headrick as judges for the Competition's final round. While Moot Court is open to both second and third year students, most competitors are juniors because membership on the Moot Court Board is not open to seniors. Third year students are eligible to go on to the finals, but Moot Court Board Director Molly Roach explained they are not considered for membership on theBoardbecause "they'd only be in schoolfor one more semester." chosen on the basis of brief and oral argument scores for the semifinals, and two teams will go onto the final round on Saturday, November 13. Students who have entered the Competition are now in the process of researching this year's problem, devised by the Moot Court Board. This year's problem revolves around a state prisoner who was sedated with drugs while in the prison's infirmary, allegedly in violation of the constitutional prohibition against cruel and unusual punishment. "that might seem a sweeping statement,but it's true,"and other judges at the Competition have reached the same conclusion. He noted, however, that students get valuable experience from the Competition "without being in the finals." One thing that often worries students before oral arguments is questions how many will the judges ask, how hard will they be? "A judge reads his briefs in advance, judging is his business. In a real appeal, he asks questions for — further elucidation, maybe he doesn't quite understand a point the lawyer is making," said-Judge Desmond. In Moot Court, however, the questions are part of the training, designed to turn out competent and well prepared lawyers, said the judge, who teaches an appellate advocacy course in the spring semester at UB Law. Local attorneys will serve as judges in most of the Competition's early rounds. "Last year, about 300 Buffalo lawyers came out and judged," said Molly, who explained that the Moot Court Board maintains a file of attorneys who have expressed interest in judging in the past. Students seem to be looking forward to the Competition with mixed feelings. Second year student Joanne Leegrant, whose husband will be one of the judges, said "I'm definitely doing it for the fun of standing up there and seeing how easily I intimidate." Joanne, who noted that her husband won't be judging her, added "If I'm going to make a fool out of myself, I'd rather do it now then when I'm doing this for real." Commenting on the value of the experience, Barb Barton said "It's good practice for trial work, an opportunity to prepare a briefand bring it in front of a number of people." Turning to the amount of time involved in preparing for the Competition, she added "I think you can take only four courses, though." Also concerned over the question of the time the Competition takes up, Tom Bantle suggested that the Competition be held during the summer or between semesters "when people have more time," to adequately prepare. He continued, adding that while students certainly get research and advocacy experience from the Competition, "a lot depends on the feedback the student gets, the quality of the judging." And Tim Prosperi commented that the fact brief writing and oral arguments are part of the required first year program reflects the importance of improving research and advocacy skills. He added "I also think employers look on it favorably —MootCourt is a practical side of law school." The Desmond Moot Court Competition is close to fifteen years old, estimates Professor Ken Joyce, faculty advisor to the Moot Court Board. When Professor Conl. on p. 6 Opinion "The function of a free press is to comfort the afflicted and afflict the comfortable." H.L. Mencken — Tuesday, October 26, 1982 State University of New York at Buffalo School of Law Vol. 23, No. 4 Yankee Marcus Reflects On Law, The South & The 60s School of Public Affairs. As the following interview indicates, Prof. Marcus hasn't lost any of her "My daughter didn't take the energy or enthusiasm in her move lunch I made her today," Prof. ÜB. Isabel Marcus remarked at the to beginning of a recent Opinion Q: Why did you choose to come interview. Her remark introduced to UB? A: My reasons are several. The one of the many roles she has faculty here is doing work that I assumed. Marcus recently spent five years am interested in and is approachon the faculty of the University of ing it in a way that I find compatiTexas at Austin, where she taught ble with my training as a lawyer in the School of Law and in the and social scientist. I think it is also government department. In her important to live in different parts spare time, shealso taught several of the country. I spent fourteen courses in the Lyndon B. Johnson years on the West Coast andfive in by Kathleen O'Hara Jim Newman Is Fondly Remembered by Mike Reilly I first got to meet Jim about four weeks into our first semester last year. It was at a mixer for the PAD fraternity in the first floor lounge. They had a keg of beerand itwas a good opportunity to get to know some of the faces from class. Jim was excited because he had just gotten approval to circulate his petition for a maritime law course to be taught at school. Jim had a very specific goal in coming to U.8.; he wanted to become a maritime lawyer. When I mentioned about the general lack of shipping activity in Buffalo, Jim saidthat he would like to take some advanced courses at Tulane University and 1 then practice where the maritime action — was possibly New Orleans. We discovered that we had more than a few things in common. We're both about the same age, Jim would have been 35 on November 18. We had both worked at the "U.B. South Campus" in 1970. (The U.B. South Campus was Bethlehem Steel's coke ovens, where we had both worked for the same foreman.) Although we had not met previously we found that we also knew many of the same people who were around Buffalo at that > time. For one reason or another fim and I were the last two to leave the PAD mixer. I left feeling very pleased that I had met Jim and that Com. on p. 6 the South. And although I was born on the East Coast, I haven't livedhere since I was twenty years old. It seemed time to come back and focus on part of the country that I had left in a fit of youthful rebellion. Q: How did you end up in Texas? A: I went to California in 1962 because I believed that the East Coast was antiquated and no longer a frontier. But after being in San Francisco for fourteen years I felt that one could become terribly parochial living in the Bay Area. Berkeley was a very comfortable community in which you could become self-righteous and act out all kinds of wonderful fantasies and wonder why the rest of the world didn't see or do things the way we did. That's all quite fine, but at some point you have to ask yourself why isn't the rest of the world behaving this way? In order to test that out, I decided to try the Southwest and Texas as a frontier. A frontierisa mixed bag. There are different rules governing behavior, but I'm glad I went. Q: How were you received in Texas? As compared to here, is there much of a difference} A: The reception I had in Texas was more complicated. First of all, Texas is a very cohesive sort of regional culture. There's a real insider-outsider distinction there, and that affects the perception of newcomers. There are limits to what one can do. One can havean impact In Texas political life at a certain level, but if you don't have a birthright you are not an insider. - LABOR LAW PROFESSOR ISABtL MARCUS That's not to say that I wanted to become an insider, but it became apparent to me that should I ever desire to become an insider, it wasn't an option that was open. Both living on the East Coast and living in California I never really experienced that. The initial perception was that I wasa Yankeeand an outsider. That I had lived for fourteen years in San Francisco didn't matter. People would say, where are you from, and I would say San Francisco, and they'd say, "no, where're y'all really from?" What they were aiming at was confirmation that I was a Yankee. Now that doesn't mean that one is shunned. It does have an impact on what kinds of action one can undertake and with what kind of success. Secondly, there is a strong feminist political community in Texas. There was some very interesting work that I could do as a feminist there. By and. large, women in the South have (earned to get their way by a certain amount of guNc and deception. I don't use that negatively. It's a employed for women to get theirway in a very macho culture. I think I was important to a number of female strategy which is students in thelaw school because I stood for another way of doing things about which, I think, they had some ambivalent feelings. I think many of them were both intrigued but also skeptical that it might not produce results, even if providing one with a greatersense of honesty, rather than being a good ol' girl acting out behaviors which were understood to be inauthentic.So in that sense, there was a certain kind of acceptance coming from the women's community. I think it is very dear that if you have a certain set* of political beliefs in a place likeTexas you are not, as we would say in the law, fungible. People whoare politically more progressive, basically are small identifiable communities who need help and who need numbers. It's harder to come to Com. on p. 5 �Letters to Editor-in-Chief Earl R. Pfeffer Managing Editor Your Ray Stilwell Mary Ellen Berger Gary Games John Stegmayer Photo Editor: Arts Editor: Business Manager: NYC Program Reaps Benefits organizations (Legal Aid Society, so many editorial {Opinion, Oct. 5) Buffalo when we havethe City?" Civil and Criminal Divisions), and in law schools was a good one in that it captured better most Big Eight accounting firms. When not one of our second-year many of the problems and frustraAlthough not each of these emoffer from job a received tions facing law students looking students Glenn Frank News Editor: Feature Editor: the Editor Frank Bolz Contributors: Wendy Anne Cohen, Mark Frankel, John lacovelli, Kathleen O'Hara, Mike Reilly, Lou Roper, )ud Weiksnar. • Copyright 1982, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of NewYork at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in this paper are not necessarily thoseol the Editorial Board or Staff of Opinion.Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Editorial Speak For Yourselves firm for the ployers comes every year, most for jobs in today's tight market. a major New York City to try come when they are hiring. Not we decided 1979, of Although it made many fine summer It was one of them had previously come points, there are a number of the New York City Program. to be on campus to meet our students. an begun experiment, as benefits of the NYC Program This year, 78 third-year students be which were not mentioned. Also, scrapped if it did not prove to and 45 second-year students had productive. we are concerned that theeditorover 450 interviews granted. not been have The results may ial may have discouraged some is always an imbalance (There they but certainearth-shattering, students from using the Placement between the classes, since many and, we Office who can benefit from its ly have been positive continuing. employers do not have summer it worth make believe, two we reasons, services. For these Over twenty-five large and programs and therefore see only would like to add our thoughts. medium-sized law firms have met third-year students). Some stuYork was City Program The New time dents had only one or two interbegun four years ago simply Buffalo students for the first Because we views, and some had several, but Program. the in through that because legal employers each of these 123 students had at least half to for at area refused to interview on require firms stay least one opportunity they probaminimum of see a they must naturally day, a fact which a campus, would not have had without day bly full many stay a nine students; made our students rather unhapNY Program. The effect goes send the twenty. Others finally had and see to up Buffalo py. Although deeper than the "top 10 much to more one interviewer than placed its first student directly into percent." Since less than half of meet even more. a large N.Y. City firm in 1977, the In addition to law firms, the each class has a desire to go to School was still not very well accepted. Firms, governmental Program has attracted govern- New York City, at least one-half of ment offices (New York City the interested third-year, and agencies, corporations, and accounting firms were not giving our Corporation Counsel, the NYC one-third of the interested students the attention we thought Dept. of Investigation, NYS Attor- second-year students got interney General's Office, SEC, Nassau views. they deserved. In addition, stuIt is very difficult for us to tell were of the upset because Co. D.A., Manhattan D.A., and the dents general lack of knowledge about U.S. Attorney's Office), corpora- exactly how many job offers result our School in the Big Apple and tions (Morgan Guaranty Trust, were annoyed at a question con- AT. & T., Metropolitan Life Insistently being asked at interviews surance Co., and ManufacturersConl. on p. 3 there: "Why would you ever go to Hanover Trust), public interest In a letter to University President Steven B. Sample (reprinted in last Wednesday's Spectrum,) SBA President Jill Paperno stated the SBA Board's position on the issue of a student-funded union. "The SBA believes," she said, "that other sources of funding should be considered before any decision concerning financing of a student union is reached." We agree; our Editorial Board also believes that Albany bureaucrats may benefit, and U/B students may be shortchanged, by a hastily-negotiated agreement that assigns to students costs that the state should be bearing. We are especially concerned that this unprecedented appropriation of student money for a capital project will go for a building Last week Joanne was assaulted arrested in connection with this that may not even be started while we are students here. We think that it's important at by another law student, male, in incident. A student at this law Unfortunately, Paperno went on to say that the SBA "Board of Directors agreed that unless other sources of funding are this juncture to state that thisletter front of the Library. Rumor has it school, who is not personally examined, law students will not endorse any student union grew out of conversations we had that the assault was provoked acquainted with Joanne, is purfunding proposals." We emphasize the words "law students," with the female student involved when Joanne spit in the other ported to be a friend of one of the because we feel that no officer of SBA, and not even the entire (who will be known hereafter as student's face. Since most of us alleged attackers. Presumably as a SBA Board, can commit "law students" on an issue as sensitive "Joanne"), and is an attempt on were not there at the time, we can service to his friend, he provided as student union funding. Although our editors agree with the our part to clarify recent events. only speculate as to who did what one of the defense attorneys with information about Joanne, includopinion expressed by Paperno, we will not attribute our We feel it is also crucial to bring to first. What is of greater importance is ing names and numbers of her position to anyone other than ourselves. It would have been light a variety of issues that so preferable if the letter to Sample had been representative of many students at this law school the impetus for this altercation. friends. This information was The facts as told to us are as given to a private investigator an opinion voiced by all of the students. As things stand, the ignore in the search for the "rule views of law students who may disagree with the stated of law" and the provision of a follows: Several weeks ago, hired by the defense attorney. Joanne was sexually assaulted by position (who may feel that expediting construction of a vigorous defense. Joanne was told who was giving centralized facility is worth the cost to studentsand should not Recent events at this law school three men. The Buffalo Evening this information out and apparbe delayed further by still more inquiries into alternative have necessitated another look at News of September 27, 1982, ently encountered this student in sources) may not be heard. our roles as attorneys and the reported that Mark Humphrey (an the mail room. Presumably (and We believe that only law students can speak for law relationships we have with others MBA student at UB), Angelo students, and we'd like to offer you the opportunity to do so. in, as well as outside, the profesConstantino (a medical student at Cont. on p. 6 UB), and Steve Whelan were By participating in our "Opinion poll," you can, with a few sion^- ■ snips of a scissors and strokes of a pen, express your view on this critical issue. The response will, we hope, be a more valuable barometer of law student sentiment, to Albany and studenlNo the other student governments here, than any "official" SBA statement or Opinion editorial could be. Needless to say, however, your individual voice will mean all the more if it's part ofa collective yell; therefore, encourage your friends and ALL LAW STUDENTS ARE INVITED TO PARTICIPATE colleagues in the law student body to participate in this poll as well. We will tabulate and announce the results as soon after 1) In your opinion, is additional centralized student union space needed on the this Friday's deadline as possible. Amherst campus? Harrassment of Victim Deplored -- Opinion Poll P) (§) LAW STUDENTS VfISM <^m^ FACULTY & STAFF: YOU ARE INVITED TO THE 4th ANNUAL c««t \ \ AY Department stkfi Urn Library frktoy.ft* 2f W« supply the \ 1 7? \) // «*,,,,, y°u £°ppty -the ideas/ Yes No Undecided 2) If a new, centralized student union were to be approved, whichof the following concerns would be more important to you? Completing the facility in the shortest possible time Completing the facility at the lowest possible cost to students Undecided 3) Should the university's student governments sponsor a referendum to resolve the student union question? Yes immediately but not necessarily immediately Yes No Undecided such a referendum were held tomorrow,and the proposal called for increases 4) If in student fees, how would you vote? Yes Yes, if the proposed increase did not exceed $ per semester No —— Undecided TO PARTICIPATE Please give your response to all four questions; note especially all optional replies to question (4). Each currently registered LAW student may submit one response; to protect the integrity of the survey, we ask that you write your student number in the upper right hand corner of the ballot. (It will be removed before your vote is recorded.) Submit yourresponse to the box provided in the the deadline for entries is Friday, October 29. I !. Opinion October ib. 1982 2 iri r t Irwi if . t1 �Women Deride Sexism In Job Interviews by Association of Women Law Students of or existence of * Number children, and/or childcare ar- Job interviewers who ask questions that are not job-related,and which have an adverse impact on Use of birth control methods, * or current or planned preg- women or minorities are violating Title VII, and thus may be guilty of discrimination. Certain law students have endured such prohibited questions or sexist remarks by interviewers. In response to complaints from affected students (both female and male) the Association of Women Law Students (AWLS) has initiated an education campaign directed towards students and employers. The goals of the program are: 1. to inform students of their rights; 2. to notify employers of prohibited behavior; and 3. to identify employers who continue to ask prohibited questions. Com entaryScapegoat by John lacovelli rangements nancy Any questions relating to the * applicant's sex Of course, the following discriminatory questions are also prohibited: relating to race, * Questions color or ethnicity * Questions about national origins * guage Questions about native lan- about age, except * Questions to determine if you meet the minimum working age requirement aboutyour status as * Questions a property holder I. Informing Students about your dis* Questions The following areas of prohibitcharge from armed services ed questions are taken from the August 1982issue ofCommunicat11. Informing Employers ing EO/AA Goals, which is posted AWLS has prepared a letter to on the 309 Board. Save a copy of send to all employers alerting this list, and you will not have to them to our concern. AWLS hopes fight your way through thecrowd that employers are aware of the to read the newsletter. restrictions on them; our letter Prohibited sexist questions in- should encourage them to stress clude questions about: such restrictions in preparing their Marital status or plans interviewers. * 111. Additional Pressure AWLS has designed a short questionnaire about sexist interviewing practices. The one-page questionnaire is available in the Placement Office. If you have been subjected to sexist questioning or other treatment in an interview, please complete the form, identifying the employer, interviewer and describing the event(s). Employers whose interviewers are repeated offenders will be contacted again. By identifying the issues, AWLS hopes to begin to eliminate the problem. Placement Offers Assistance... Cont. from p. 2 because both employers and studentscould be better at returning our feedback questionnaires. Last year, about two-thirds of the firms replied. From those that did, we learned that 25 offers were made. (We think there were additional ones made by the 11 firms that did not respond, but aren't sure). In all, approximately 20 individuals received those offers. At least 16 accepted and therefore got their jobs directly through the NYC Program. Seven other third-students received offers from firms they had met a year earlier, with five accepting, for a totalof 21 employed. Some of these positions were with employers who had not hired Buffalo people before the NYC Program had introduced them to our School, and many were governmental and public interest agencies which look more closely at practical skills and commitment than grades. Since a number of these students received no other offers, they are very supportive of the Program. The NYC Program has had many other positive results. Each spring we send over 2,000 letters to firms, corporations, government agencies, and public interest agencies across the country encouraging them to consider our students. In those letters we refer by name to the participants in the NYC Program, since so many of them are known nationally. We have had a very positive response and attracted new firms to our campus as a result. In addition, the NYC Corporation Counsel's and Manhattan D.A.'s Offices, which first met our students in the Program, now conduct their interviews on campus. Our alumni in New York City are delighted with the Program and enthusiastically encourage us to continue mailings to theirarea which refer to the Program and list past participants. Alumni feel it , has greatly increased the Law School's prestige especially among attorneys who hire on a regular basis and/or are knowledgeable about law schools. Questions derogatory to UB have virtually disappeared. The second part of the editorial which concerned us was the advice thatfor students who want small firms, small cities, or public interest law "a reliance in placement would most surely be misplaced, for the hiring opportunities within those areas of the law are as unpredictable and uncertain as our economy." We certainly agree with the difficulty involved and the energy required, but feel our office can be helpful to almost all students. Students who have the firms coming to them need our assistance mainly with resume preparation and development of interview skills. The majority of the class will be involved in a more difficult search and therefore needs our assistance to a much greater extent. They, too, can benefit from our interviewing programs and resume workshops, but should take advantage of our other services. They should read the Newsletter which we regularly publish, the periodicals to which we subscribe, the books in the Placement Library, the bibliography of numerous reference and informational publications available as aids, the Handbook developed this year (especially p. 10-25), the Job Book and Job Board, and the various lists and handouts produced each year. Attendance at career days,general information programs,and participation in the One-to-One program is also very important. As graduates they can continue to take advantage of our services by receiving our monthly "Employment Bulletin" of job listings, and by contacting us personally. It is extremely important that all students come to see us. We have worked closely with many over the past few years, and have acquired a number of useful tips on job hunting, as well as a good ideaof what approaches work best in various situations. We can help spot strengths and weaknessesand can assist in using the former most effectively while minimizing the latter. In short, we can help a studentdirecthis "creativehustle" where it will be most productive. Finally, we are aware of the frustrations of the job search, the pain of rejection, and the fear of unemployment, as well as the negative impact of all three. We can be the friend that listens patiently and then gives the push needed to get rolling again. It does not take mucheffort or time to see us and it might be very beneficial. Alan S. Carrel, Associate Dean for ExternalAffairs Audrey Koscielniak, Assistant Director of Placement All students are invited to interview to become members of the American Bar Association committee here at ÜB. Interviews will be conducted on Thursday and Friday, Oct. 28 and 29; a signup sheet will be posted outside the door to the SBA office. The committee will meet twice monthly, and will conduct a membership campaign and implement ABA-funded projects and events such as legal workshops, speakers and parties. Contact Rob Turkewitz, Box 16, for more infor- Television news shows and newspapers have one major goal: increased viewers/readers which leads to increased advertising revenues. The news we receive is intended not to inform but to entertain. Certain types of stories have been found to be very popular and therefore we see a lot of these stories. T.V. gives us fires, car crashes, murders, and puppy dogs. Newspapers give us crime and gossip. In the last ten years, a new type of story has been discovered that is extremely popular and makes good copy. These are stories chat attack the President of the United States. This new trend started during the Watergate years. Nixon was ripped to shreds by the media and was forced to resign. America loved it! But this did not satisfy our appetite for presidential humiliation. Gerald Ford was ridiculed unmercifully. We reveled in front page photos of Ford falling or bumping his head.We laughed at his Whip Inflation Now campaign and even though it was very successful we voted him out, making him the first incumbent president to lose an election in 44 years. Jimmy Carter faced more of the same. Carter's brother was used to embarass him and Carter was labeled "inept" and "incompetent" by the media. He was also voted out after only one term. It appears that the President of the United States is playing the role of the national scapegoat. In ancient times, people used to blame Apollo or Athena for their economic hardship. In the 1940's and 50's we blamed the communists. Now we blame the President. The media recognizes that attacking the President hasbecome our national pastime so they help us by giving us new material whenever they can. The more material they give us, the more we ridicule; thus we have the vicious circle. The media has continued this practice regarding Ronald Reagan. Much has been said about Reagan's semantic errors during his campaign. These errors always madethefront page. Reagan's catsup comments kept us laughing for months. Newspapers printed photos of Reagan yawning in front of the Pope on the front page. His children are used against him unfairly. His sleeping habits are ridiculed. His speeches and press conferences are always attacked. Most recently, the media proclaimed "Reagan loses his Cool" because he told a heckler to "shut-up," a practice that New York Mayor Ed Koch is popular for. Reagan's image is so tarnished that when he offered to come to New York to campaign for Lew Lehrman, Lehrman said "thanks, but no thanks." This phenomenon has severely hampered the President's ability to deal effectively with the nation's problems. Reagan won a landslide victory in 1980 and yet only two years laterhis popularity is so low that he cannot get most of his programs through Congress. If this trend continues, each future President will serve only one term and the Executive Branch will never be controlled by the same party for more than four years. This instability would be disastrous to our attempts at creating intelligent economic and foreign policies. What can be done about this? We must realize that we are being bombarded with anti-Reaganism from the media which for the most part has nothing at all to do with his performance as President. Weall must decide whether our opinion of the man is based on a rational evaluation of his performance or on our need to blame someone beside ourselves for our problems. Guild Gossip Desegregation Forum, Other Events Planned The National Lawyers Guild-Buffalo Chapter is sponsoring a number of activities this semester. 1. DESEGREGATING BUFFALO: THE PUBLIC SCHOOL SYSTEM COMMUNITY AND LEGAL PERSPECTIVES Speakers: Dan Acker, Pres. of NAACP-Buffalo Norm Goldfarb, Co-Chair of the Citizens Council on Human Relations Richard Griffin, former lead attorney for desegregation suit, past pres. Erie County Bar Assn., currently Chair of Public Interest Law Committee NOVEMBER 4, 7:30 p.m., ROOM 112, O'Brian Hall, co-sponsored by HANALSO and BALSA 2. We are organizing carpools, and may be renting a van to go to the National Executive Board Conference of the National Lawyers Guildin New York City,Nov. 11-14.The Conference will include such workshops focusing on law student organizing as well as a variety of presentations. If you are interested, leave a note in mailbox 568. 3. There is a discussion groupforming to discuss issues concerning the LAWYER AND SOCIAL CHANGE, which will be conducted by one of the attorneys on our steering committee.First meeting will be in early December. Leave a note in mailbox 568 if interested. Coalition for Abortion Rights and Against Sterilization Abuse in conjunction with the National Lawyers Guild will be mation. 4. The Gay law Students Onj.nb.tion WCKfMMI VMM - kiU»r**t*« al— fl—- m meeting tot-id nm 7:3t p.m. Thunday, Oct 21 Roan M7, Taßteit Hail. i■ ■ ■ ■ lor more information, cal CK-M63 or slop by Room 207 Talbert any wee—dayafternoon. presenting two films and a speaker on current issues regarding reproductive rights on November 16. Time and place will be announced. ANY QUESTIONS CONCERNING THE GUILD? ANY ANSWERS? Leave a message in box 568 or stop by our office. Our officeis room 118 (opposite the PURPLE PIT room 112) on Tuesdays between 10 a.m. and 11:30a.m. or Fridays 9:30 a.m. to 11 a.m.' — October 2*. IS*. Opinion 3 �J.D. "Policy Studies" FILM The Insurance Man by Mark Frankel Reviews by John Stegmayer Many of the most successful life insurance salespeople in the country are lawyers. Few of the most successful life insurance salespeople in the country are law students, (however, rumor has it that at least one U.B. law student earns over fifty grand yearly!). I tried it for eight months and made a comfortable living thank you, but have returned to the school fold not having suffered too much for the wear. Gettingthe Job Insurance companies are looking for aggressive money hungry people to sell policies. Race, sex, creed, and education are unimportant to the employer because his earnings are based absolutely on his agents' sales. Law students enjoy an advantage in getting hired because, 1) we have an educational background that implies authority and knowledge, 2) we are considered hard workers, and most importantly, 3) our profession has a reputation for untempered greed. Getting the Job Done My particular employer paid a guaranteed salary and the first month of work involved no more than attending the various training programs required for licenses to sell in New York State. The real thing involved calling people on the phone to make appointments, and then selling policies in the home. The selling wasn't too hard because the 'leads' were drawn from lists of present policyholders whose accounts I was responsible for. Furthermore, most people are unaware, prior to the agent's visit, that they have sufficient interest and cash accumulated in their policies to finance more coverage. Everyone was happy. Policyholders got more for their money, the rookie salesman was surpassing his quota, and the sales manager thought he'd struck gold. After four months the leads were starting to run dry and my sales record was declining. When I refused to call on my friendsand fellow students to solicit business, my manager asked me to quit. It is obvious that one does not quit a job when one is guaranteed an income regardless of one's performance. Were this a perfect world, I could have continued working and drawing pay without selling much at all. Paranoia started though, when it became clear mat many routine practices of life insurance salesmen might not seem entirely ethical to a bar entrance character and fitness committee, (i.e. signature requirements and the like). Quitting fob Quitting can be the most rewarding and satisfying part of any job. For reasons undoubtedly related to the payment of unemployment they compensation, life insurance companies don't fire people chase their employees out. I struck a deal in early July, promising to resign in early September in exchange for a summer free of harassment and sales calls. My present law clerk job pays squat but offers interesting work. Several of my co-workers say my supervising attorney is hard to work with. I hadn't noticed. Maybe working at a life insurance company has given new meaning to the words, hard to work with. — LOOKING TO GET OUT After their Oscar winning efforts in "Coming Home," one had to look forward to any collaboration between Jon Voight and Hal Ashby with high hopes. "Looking to Get Out," unfortunately, does not live up to its promise. The film follows a sorry pair of down on their luck gamblers as they attempt to get a sorrier pair of New York thugs off their backs with a big score in Las Vegas. Ashby has reportedly spent a lot of time in the editing room with this film but he had little chance of salvaging a generally ill-conceived plot or hiding inferior performances. Voight is totally unlikable in his role and although Burt Young tries hard to be adorable ashis sidekick, 4 Opinion October 2k, 1982 . and Norton, each of which stature. Peter O'Toole has followed up his brilliant performance in "The Stunt Man" with a fine comedic effort and possibly another Oscar nomination as Alan Swarm. The movie is all O'Toole's and he captures the audience the way his character captures everyone in "My Favorite Year," a comedy, the film; pulling off successfully may be this year's answer to what could havebeen an impossi"Arthur," but with a more creative ble role in another actor's hands. script and superior performances. O'Toole and a good supporting The film, set in 1954,has an almost cast make this a very enjoyable stylized authenticity as it -raptures film, one which should draw well the spirit of thatera. It focuses on a as last summer's hits start to wane television variety show and the at the box office. GRADE: Q+ attempt by that show's youngest writer to keep the guest star sober and otherwise under control. Blotto And The Blues In Buffalo by luil Weiksnar There have been bigger crowds at the Continental, but there may never have been a more lively one than the crew than turned out to see Blotto. Blotto did not let them down, playing two sets of tonguein-cheek rock and roll, saving their radio hit "I Want To Be A Lifeguard" for the encore. Blotto puts to music those thoughts that most of us havehad but would never think of singing about: "You only want me 'cause I already have a girlfriend"; "Let's eat"; "Who's programming elevator music for the rock generation?"; and, "It's not you, it's your family I can't stand." Blottoadded a touch of theatrics to their music, spoofing a typical heavy metal band and the New Tones, "the band that you've seen at the is the secrets to life, pertain to the inscribed with one of the three sewer. or more specifically, one-word secrets to life. His manholes. Those manholes, underfoot when going for a answer, in edited form, was as delicious meal at Norton, follows: remind us of thosenotedvirtues If I win this. I will feel very of man's destiny: Power, fortunate that other "brilliant" Communications, and law,students procrastinate to a Sanitary!!! I myself. extent than do greater feel that I am somewhat Yes indeed, the three secrets to deserving, having spent much valuable studytime deliberating life are to be powerful, to have on the existences and enigmas good communications, and to be sanitary. Congratulations to Andy associated with living. How and all other entrants. ironic, then, that the answers. . attractive prop but little more. The characters in "Looking to Get Out" are totally unsympathetic and unconvincing. The irregularly paced plot is not helpedby a confusing ending which resolves nothing. GRADE D+ YEAR FAVORITE MY New Waves Hilton Discovers Secrets To Life Two editions ago, the Opinion ran a contest rewarding a night at the BuffaloPhilharmonic to whomever could find the three secrets to life between the law school and Norton Hall. Signs posted last week at several locations in the law school gave a clue that "the secrets relate to the hole man." The first person to submit a correct answer was Andy Hilton, a second year student. The "hole man" dueled the ever-perceptive Mr. Hilton to the "man-hole" covers between the law school Mark Linn-Baker plays the young comedy writer assigned to babysit the guest star, Alan Swarm, a matinee idolof Erroll Flynn-esque I kept hoping for Ratso Rizzo to show up and save the movie (he doesn't). Ann-Margaret is an .. Holiday Inn." There's a freshness and wittiness to Blotto's lyrics reminiscent of the early days of Devo or the Talking Heads. They've just put out an album, "Combo Akimbo," and show no signs yet of taking themselves too seriously, a fate of many bands of their genre. The Fans are a local band that's recently popped up on the club scene. They have a straightforward, New Wave style that's both listenable and danceable. The tunes have catchy titles, like "Meet Clark Kent" and "Diet Pepsi," but the band has trouble sustaining the vitality of the opening line throughout the whole song.With a little more polish, the Fans could help fill the void left by the departure of local favorites Pauline & the Perils and 10,000 Maniacs. While still playing on their own, the Perils without Pauline are like The Wizard of Oz withoutDorothy: a great supporting cast, but nobody bopping down the yellow brick road in front of them. Perils Russ Steinberg and Jeff Helmick, along with the rest of the Jetsons, will perform their instrumental surf rock as the opening act for the Stray [Th« / "■s.l \ Jt ( /v. } three accrete CO Cats when they come to U.B. in November. 10,000 Maniacs are heading South for the winter. They've received a good recording offer down in Atlanta, but will return to Western New York when they're done. If you haven't seen the Maniacs, you might get one last chance before they leave. They're trying to work out a deal to play at one of the campus Halloween parties, so keep your eyes open. Until last Tuesday, I thought you had to goto the Continental to see truly spirited dancing in Buffalo. Then, of course, untillast Tuesday, I'd never seen Chicago bluesman Son Seals. Seals and his band proved that the blues aren't just for listening as he got an enthusiastic crowd at the Tralfamadore to dancetheir socksoff for the better part of three sets and an encore. The new Tralf is doing a great job of bringing exceptional national acts to town and staying in range of a student'sbudget. While the closing of theold Tralf, with its cozy, "hip" atmosphere, was like losing a friend, the new Tralf is establishing its own identity. And it's got one thing the old Tralf didn't have room to dance. Ufa — A L/\ Nutehelli, tho Mann method, end finding ■ parking space. /C \ ■ft' \1 J �Marcus Returns East Cont. from p. 1 terms with leaving a place likethat for your political and social reasons. I think it is very different here. I would not have the sense of being an outsider in Buffalo even if I don't come from a traditional or conservative community. Q: Why do you teachfamily and labor law? A: It's a very simple sociological proposition that work and family are the two basic elements of any social structure. These are sort of the basic building blocks of any society, so I might as well study them. I will leave it to otherpeople to deal with the more heady and cerebral topics. Q: You have a Ph.D. inpolitical science. Have you done any teaching in that field? A: I taught in the political science department at U.C. Davis while I was in law school. And half of my time in Texas was spent in the government department. Now, I loved that because whenever I got bored with the law school, I just walked down the road to the government department. Q: From which institutionshave you received your degrees? A: I have a bachelors degree from Barnard, whichwasa wonderful educational experience. I was at Barnard from 1956 to 1960 the years when women who understood that they were intelligent lived in great fear that if they permitted themselves to be intelligent they would be punished socially. Barnard was a splendid experience because it was assumed that we would go on to graduate school and do things. In the fifties, for those of us who were troubled by the mixed messages that society was giving us, it was a heady experience to be in a women's college that was committed to a first-rate educational experience for women. Since I had been to Africa between the time I was an undergraduate andbefore starting graduate school, I was encouraged to be in the African Studies field of the political science departmentat Berkeley. So I have a masters degree in African Studies. But like many other students who in the sixties were encouraged to study other countries, we were living in a community that was going up in - that one could do some interest- faculty, sit around and talk about ing stuff in labor law in terms of this. It seems to me that it is not a plant closings, or in pension regu- rigorous methodology, but it is an flames. There was kind of a lation. effort to blend the work of both hypocrisy to tell about what the Q: Do you have plans for Marxist thinkers and people in the Muslim Brotherhood was doing in teaching other courses in the Left tradition, both Marxist and Senegal when the National Guard future? non-Marxist. It is as well a very was on the streetsof Berkeley. Like A: I would like to do a course on provocative blend of European many people, I moved from area pensions and deal with the regulapost-structuralist thought. It tries studies to American politics and tory aspects of it, if I could find a to underminetheliberal paradigm public policy. I received a docto- tax person to do the tax aspects. of the rule of law. It attempts to rate in political science with an The Social Security course should show that the liberal view of emphasis on policy studies and probably be expanded to include politics and power relationships is American government while I was unemployment compensation, used to mask and justify, as well as in law school. and maybe worker's compensaapologize for, injustices that occur in a society. Lawyers are trained to I went to law school for a very tion. I have a fantasy that some day I accept the rule of law as a kind of simple reason. I had become involved with a group of women will teach civil procedure, but I'll given. You basically attack the who were filing a lawsuit against have to think about that. I've heart of legal teaching. If instead the University of California for sex never taught first year students. I of saying, "This opinion does not discrimination. I became inlike administrative law and remecomport with the rule of law," you trigued by what I considered to be dies as well, but as long as they are say, "Let's see what's really going the backwards way in which legal covered, I feel less compulsion to on in this situation," you can reasoning was conducted. offer my services. generate a great deal of hostile Q: So you went to Berkeley? Q: You have also said that you criticism. There is some truth to A: I have had all of my educado work for the National Labor the criticism that things are not tion since Barnard at the UniversiRelations Board. done rigorously, that there is no A: Yes, I am an arbitrator. Since methodology. ty of California. I'm sure that if I had moved around more I might I've just moved here it is going to There is no doubt that the legal have different ways of looking at take some time before I'm put on establishment is not terribly interthings. A lot of my perceptions the list of arbitrators. It's very ested in this type of analysis. The solidified by spending a good interesting work, and of course, it real problem is, what pressures are many years in a community where puts me in a position which I think there? How does a law school, in people really tried to create an a lot of law professors would like which there arepeople committed alternative culture. .I think that to be in, which is to play judge. It's to doing this, deal with the presthose of us who lived in the Bay truly hard work if you are really sures that come from the bar to area in the sixties were altered conscious and aware of what your train people to be lawyers? Trainpermanently by that experience. It own biases might be, or ways in ing people to be lawyers may not was a golden age. I never thought I which you may be reading too mean training people to be critical would find myself thinking that I much or too little into a situation. legal thinkers. I think it's a real had experienced a portion of my I'm not much fun to be around problem for students. It parallels life in such an environment that when I am writing a decision what happened to the legal realists nothing could ever come close to, because I keep reversing over and in the thirties. They spent a lot of comparatively. over again. time unmasking aspects of particQ: Are you doing any work with Q: What are the purposes and ularly judicial behavior.The questhe Policy students? goals of critical legal studies? tion then is, having done that, how A: I have applied to become a A: We, certain people in the do you act as a lawyer in that memberof the graduate faculty so that I can supervise doctoral dissertations. My sense is that policy studies is very fragmented here at this point, being located in different schools. One thing thatI have particularly strong feelings about is the fact that, as a law professor, I often have access or a sense of what types of issues are going to become important in certain areas of law prior to their actually emerging. There's a particular agenda that I have in doing policy studies, that is, trying to figure out things for students which might give them some marketability because the specific thing they would be doing is something that somebody could use, practically speaking. This is particularly true in the women's rights area, but I think situation with that knowledge? Do you endup with some sort ofbasic personality split if you practice law, or can you only practice at the fringe where there are kindred spirits who will be trying to accomplish the same thing?Those people are unlikely to be in key positions in either the bench or the bar in any sizeable numbers. It seems to me that you can trace critical legal studies to a whole generation, particularly to those who are now approaching middle age, as I am. Those who were exposed to critical ways of looking at theworld in the sixties could not make the law as immunefrom that kind of scrutiny. The task is a difficult one, when you try to conduct the analysis. There is no significant precedent for it, and I think the discipline does not take kindly to it. At its best, critical legal studies does something that I think is intellectually exciting. It is not focused nor is it rigorous, but that is what is one of the most exciting things about intellectual inquiry before it becomes rigidified and doctrinaire. Rigid Marxism is no better than the conventional liberal paradigmatic way of thinking they both suffer fromintol- — erance. So that is what I understand to be going on, but I wonder how the students feelabout being exposed to this. The Proven Favorite in New York State New Library Services The Law Library is pleased to offer a series of advanced legal research classes to 2nd and 3rd year students. The classes will run consecutive Thursdays from October 28 through November 18,from 1-2 p.m. in the Looseleaf Room of the Library. The sessions will involve detailed instruction in internationaland foreign law, federal legislative history, and state legislative history. The 4th subject to be held on Thursday, November 18, has not been confirmed yet. Suggestions are (ride the bus with Sheldon Fuss) welcomed. Interested students are asked to sign up at the Reference Desk prior to the scheduled session. It is hoped that these sessions will give 2nd and 3rd year students an opportunity to increase their research skills in these vital and specialized areas. The Law Library hasalso recently added NEXIS, a databaseavailable through the Mead Data Corporation which provides LEXIS to the Library. Through utilizing the LEXIS terminal, the librarians can do full-text searching of selected newspapers, magazines and wire services. The database is best used to search out specific Information, items of a very current or unique area. All NEXIS searches will be performed by the Law Librarians. The NEXIS database is not covered by the educational contract which gives theLibrary unlimited use of LEXIS, and userswill have to pay the commercial rate of $2/minute. Searches can be economically done by using unique words, names or concepts, and by narrowing thefile in which a search is performed. Also, cost should be compared to the time saved in performing the research. The Librarians have been given special training in the NEXIS database and will screen any request to eliminate any that might be inappropriate or financially unfeasible. BAR/BRI October A, I*2 Opinion 5 �tslewrhsfnßemembered... Cont. from p. 1 we would be in school together taking at home and abroad. for the next three years. In the summer of 1969-Jim Jim was born to Paul and Helen transferred to U.B. to finish his Newman on November 18,1947in undergraduate work, with a B.A. Olean, New York. He was the in psychology. During this period youngest of three children, Ann, Jim was an active participant in the Tom and Jim. He attended the student movement. But he also Minor Seminary and later transdeveloped a keen interest in labor ferred to Bishop Walsh where he -issues confronting workers in local finished high school. plants. It almost seems as if he wanted During the next period Jim to follow in his brother Tom's traveled and supported himself by footsteps, as Tom was ordained a working at a variety of jobs. He Franciscan Brother in 1967. Even worked as a carpenter, insurance though Tom achieved his goal, it salesman, and teacher; he drove a was to be shortlived, as he died of taxi in both Buffalo and New York kidney failure in 1968 at the age of City, and worked at Nuclear Fuel 22. Services in West Valley. After high school Jim attended Jim traveled across the United Bonaventure University which is a States, to most of the European local Catholic University with a countries and saw a considerable national reputation for its sports part of Asia India, Pakistan, and teaching. It was during this Nepal. We got to talking about the time that Jim became concerned terrific beauty of the high mounwith the issues that were creating tains one timeand I asked Jim if he controversy all over America, had ever seen Everest. As it turned namely the Civil Rights and the out, Jim had done the walk from Anti-war Movements. Because of Katmandu to the base of Everest. Jim's strong religious convictions This is quite a walk as it is it became harder to swallow the approximately 90 miles one wayl actions that our government was Jim had hiked up to the first base — Aspiring Advocates Prepare For Desmond Competition Cont. from p. 1 Joyce began teaching at the law school in 1964, Moot Court was a mandatory requirement forfreshmen, similar to the informal arguments held in spring Research and Writing classes for first year students now. Professors Joyce and Atleson handledtheprogram, rounding up judges from the faculty and the community. The Moot Court program became voluntary and open to all students in the mid-19605. "Second year students were desirous of having a program for them, so they could take advantage of national Moot Court Competitions," Professor Joyce explained. First year students were allowed to enter the Competition until 1980, which helped to build up and maintain an autonomous and continuous student board, Mr. Joyce noted. However, freshman were barred from competing after 1980 because thefaculty felt it was interfering with their studies. Molly Roach stated thatthe Board opposed the rule change at the time, but reflecting on the issue now she pointed out that the number of second year students competing has increased considerably, and that perhaps the quality of the Competition has improved to some extent. "However, for more than 50 percent of its existence, the Desmond was a freshman and junior competition, and often the freshman won," Joyce remarked. Discussing the positive impact of the Competition, Prof. Joyce remarked that it involves alumni with the school, and strengthens ties to the local legal community. The Alumni Association helps defray some of the costs involved with theCompetition and will also sponsor the awards dinner to be held at theendof theCompetition at the Plaza Suite, located on top ..■I 6 I j 1 Opinion October 2*. I*2 of the M&T building overlooking the harbor. Joyce stressed that alumni involvement with the Competition adds continuity to the program, and the social event at the end of the Competition "leaves everyone with a good feeling." (Asked whether the free dinner is includable as income under the Internal Revenue Code's definition, the tax professor replied: "I'll leave that to your own individual analyses.") Finally, Joyce concluded thatthe Competition also serves to involve area attorneys with the school, "busy lawyers don't usually get to engage in this kind of event. It gives them an opportunity to mix with law students." Third year students who competed last year generally found the Competition to be a worthwhile experience. "For me, it helped me build confidence," said Pat Curtin, who added "I realized there was no trick to the thing, just a lot of hard work and some courage." Pat, a member of the Moot Court Board, added "After thefirst night of oral arguments, the rest was much easier." "I was reluctant to do it at first," said Moot Court Board Member Larry Baer, who enjoyed the oral arguments but said "sitting in the library working on a brief is not my idea of fun." He continued, "once you get over the initial nervousness, it's exhilarating, especially the giveand take between you and the judge. I was glad I did it in the end."Third year student Sara Hunt added "I would recommend it. It's probably the first opportunity in law school to get a feeling of what litigation might be about." The Competition is beneficial, she added, because "it forces you to stand up in front of a group of people and attempt to be persuasive." JAMES hiEWMAN 1947-1982 camp which is at about the 17,000 / foot elevation. The only form of freight transportation on this road is by "yak." Jim's comment was that it was hell dodging all of these smelly animals with the big horns. Jim and Jeanette were married on November 18, 1978 and their daughter Clare, was born on March 24,1980. And as most of you know, Jim started Law school in August of 1981. Although Jim was not the most typical student, he was an active participant in ourclasses in section 1. He had the ability to make a critical analysis of the premises behind the law and its processes. Whether or not one agreed with Jim's principles, I think that most people appreciated him as an articulate spokesperson for those ideals. I think that there was one legal talent which Jim demonstrated most effectively and that was the ability to spontaneously respond to a difficult question. I remember that Jim had been absent during the first week and a half of a particular course during our first year. He had just gotten back from Olean and even have the textbook for the course yet. Jim sat in the back row but as it turned out the professor zeroed in on him with thefirst series of questions for the class. I thought to myself that Newman would finally have to pass on a question. But as the question revolved around a landlord-tenant issue, and as Jim had been a tenant and had experience with landlords, he proceeded to answer the question as if he studied the materialthe night before. During his first year Jim joined the International Law Society and in his characteristic way volunteered to coordinate the Jessup Competition. This is a moot court competition which is based on questions ofinternational law.Last year it was the U.B. chapter's turn to host the regional competition. Jim played a major part in organizing this event and in making it the success that it was. During one of the rounds Jim confided to me and another student his reasons for wanting to become a lawyer; "I'm not handy." He simply meant that he didn't have the mechanical ability to make a living with his hands. At the end of last year Jim was elected president of the International Law Society and looked forward to the role he would be able to play during the next year. (Although there was some concern that he would actually set up house in the ILS office!) Jim had gone to New York to visit his wife and daughter during the Yom Kippur long weekend. On Sunday, September 26, he had a heart attack while walking in Manhattan. On Friday October 1, Jim was buried in his native Olean. One thing that was not well known about Jim was that he was also pursuing a doctorate in English and that he had completed a substantial amount of the course work toward this goal. Finally, don'tbe surprised if you run into a lawyer by the name of Newman practicing public interest law. Jeanette Newman is currently a second year student at Brooklyn Law School. On Wednesday, October 27 and Thursday October 28, there will be a table set up in front of the library on the second floorfrom 9:30 a.m. to 1:30 p.m. A collection will be taken up and the proceeds will go to Jim's daughter Clare. Students and friends are also invited to sign a memorial card which will go to his wife and parents. Letters to the Editor... Harassment of Victim Deplored Conl. from p. 2 understandably) Joanne either gave this man a dirty look, or spit in his face, to which he responded by becoming physically abusive. Why do we say understandably? Since the sexual assault, a private investigator, by the name of Peter Vito, has been approaching not only Joanne, but some of her current and past friends and acquaintances in an attempt to gather information for the defense in this case. Gathering information includes asking a variety of persons about Joannes personal life and activities which include any possible sexual and drug-related activities; showing up at friends' doorsteps at odd hours of the day and night, misrepresenting his identity; inquiring into all aspects of Joannes past; and contacting people whom she has had no contact with for a long time. In short, Joannes whole life is being investigated, questioned and judged. But even with the "protection" of the admissibility of evidence rule for sexual assault cases, evidence is being gathered and certainly will be at least obliquely referred to (most probably crassly stated) in court while Joanne is on the witness stand. The issue here is: in the pursuit of vigorously defending someone, does an attorney have the right, through his or her private investigator, to harass and frighten a victim who has already been the subject of a brutal experience? Regardless of whetheryou even believe a rape actually occured, what right exists to expose someone to such mental abuse? What is perhaps just as devastating as this investigator's behavior is the response and behavior of others at this lawschool. Though it is true that many law studentshave been supportive, several have been heard to dismiss the whole incident with such comments as: "What's she complaining about, she got laidI" And one law professor, who was approached by Joanne for some guidance and advice with regard to the assault by the male law student, offered only the suggestion that she stay out of the building. When she reminded him thatshe had classes, he advised her to stay out of the library. Is it surprising then, given all of these events and circumstances, that Joanne feels as though she is again becoming a victim? But this time thevictimization is theresult of both mis-information, and an administration who prefers to keep its hands clean. And what about the alleged rapists and male attacker? Do we simply ignore their acts because we are not personally involved? But we are personally involved; and so is everyone else in this law school. Rape is not an isolated act, but is an act of violence; the exaggeration of those roles men and women are socialized into throughout life. What incidents of rape in effect accomplish, is to deepen mistrust between men and women. Men grow up learning to be the aggressor, and thinking that when women say no, it means yes. Women are given lessons in passivity. Why should we be surprised then, when we find that one in everyfour women in this country will be raped in her life? And putting aside the male and female distinctions, Joanne is a human being, one who has been brutally victimized, who will live with these experiences for the rest of her life. Compassion for others is often ignored in legal training; we cannot let that continue. One of our responsibilities as attorneys is to develop and maintain a particular system of ethics. Is assaulting a victim (or should we say 'tampering with a witness') the ethical aa of an aspiring attorney? Lorraine Koury Enid Tanenhaus Ellen Sinclair Jill Paperno Amy Ruth Tobol Kathy O'Hara Lynda Rowe-Bursztein Amy Goldstein Michael Colon Rob Turkewitz Vicki O'Reilly Jeffrey Johnson Wilbert Ramos Ann Demopoulos �r »»_.»____________ PASS THE BAR EXAM I Don't gamble with your future - BAR/BRI will get you through the bar exam. BAR/BRI has grown dramatically over the last few years due to its unmatched success in the preparation of New York State bar examinees. 1 1 I | | I | | That's why BAR/BRI is the most popular bar review course at every law school in New York State. Twice as many ofBuffalo's graduates took BAR/BRI last year than all the B - | I | I j I I II I D g B ____tß"____** * other courses combined. ASK US THE REASONS WHY Rick Roberts Jill Paperno Irene Hirata Carol Guck Carmelo Batista John Cunan Jan Davidoff Kirn Crites Julia Garver Sara Hunt Ron Osson Steve Sheinfeld Judy Holender Sherri Samilow Tom Ginter Joe Ruh - 8 ■'" | 1 Molly Zimmermann Leander Hardaway Ann Demopoulos Susan Gray-Donadio Jon Solomon 0 H H Chris Renfroe Karen Russ Mark Reisman _K3B § U Q iKiB BhK3K » �Sports brief Law Students Play IM Circuit [ >�""") OKAY LINDA, f ALL ... / f ' w YOU'RE UP NEXT... NEED IS A BASE HIT : I KNOW IT'S A LITTLE COLD BUT IT MIGHT BE EASIER IF YOU TOOK OFF ONE OF YOUR COATS AND j YOUR MITTENS. Not-so-instant replay Cards Win In Seven by Lou Roper The 1982 World Series presented theclassic baseballconfrontation between speed and power. The St. Louis Cardinalshad the speed and the Milwaukee Brewers possessed the lumber (they had 218 home runs in 1982). At press time,power led speed by 3 games to 2 with the Series returning to St. Louis for game six. Since the Opinion rejected travel vouchers submitted so that an ink-stained wretch might cover the action live, your reporter was reduced to witnessing the games on the "boob tube"with the boobs providing the commentary. Going into the Series, "experts" felt that Milwaukee would be at a disadvantage in close games since the Brewers' ace reliever Rollie Fingers was sidelined with a torn muscle in his pitching arm. Meanwhile, St. Louis manager Whitey Herzog could call on his ace "fireman" Bruce Sutter in the late innings if need be. However, the absence of Fingers may have been telling only in game two. In that game, Milwaukee led 4-0 early, but the Cards rallied to tie the score on Darrell Porter's opposite-field double off ofDon Sutton. With runners on second and third, Brewer manager Harvey Kuenn had to sendfor Peter Ladd to stand in for Fingers. Ladd just missed on a 3-2 pitch to Lonnie Smith and thenwalked pinch-hitter Steve Braun on four straight balls to force home the winning run. However, Ladd returned in game five to save Milwaukee's 6-4 victory and another "understudy," lefthander Bob McClure preserved game four. Herzog had to use Sutter in game three after his other relievers had nearly blown a big lead. As a result, he couldn't use his big man to stave off the big Brewer rally in the fourth game. As in previous Series, therehavebeen surprises. The most dramatic was the performance of Willie McGee in game three. McGee, who hit only four home runs in the regular season, belted two (good for 4 RBI) and added two fine catches in center field for good measure. McGee was formerly Yankee property. He was traded in the last offseason for Bob Sykes, former Detroit lefthander, who at last report was player-owner of the Pocatello Beavers of the Pacific Northwest by Glenn Frank Though the football strike has chances are good." In intramural football the law dampened most law students' enthusiasm for professional ath- school's "Nice People Who Care" letics, the law school has been are still near the top of their extremely supportive of one division. After a disappointing loss UB intra- in their third game 12-6, the sports organization murals. "Participation by law stu- NPWC came back towin their next dents is up considerably," said a two games 12-0and 18-0. With two spokesman at the UB intramural games remaining the NPWC need office. "It may be because the SBA to win only one more game to has taken such an active interest in clinch a playoff spot. "Unless we getting the students out and in- fall apart we will make the playoffs, said Lou Algios, captain volved." In the law school Softball of this year's team. "I think our league, organized and adminis- defense will carry us." Beyond the traditional intramutrated by the SBA, ten teams are still fighting for positions in the ral football and baseball leagues, playoffs. Only one team, as of this however, otheractivities designed writing, was assured of a post to get the sporting bloodof soonseason berth. That team, the to-be lawyers flowing, were or"Hairy Palms," captained by Bruce ganized and/or sponsored by Schonberg, had a 5-0 record. students. The first annual law Some of the other teams near the school tennis tournament, organtop of the standings are the ized by Mike McGorry, combined "Tremendoz" with a 4-1 record tennis andbeer to make what one and who are captained by Rich participant described as a "magWiebe, and the "Team 5," also nificent event". McGorry said, "I with a 4-1 record, who are cap- really think everybody had a great tained by Al Sjaears. One member time. At dusk there were still of "Team 5" stated, "it's going to people sitting around the keg be tight down the stretch, but we clutching their rackets." The "Rahave thebest women in the league quetball Ladder" also just intro(the league is co-ed) so I think our duced to the law school was — organized by Rick Roberts. The "Ladder" scheduled to continue throughout this school year is now headed by John Hart, Kurt Amend, Rick Roberts and Joe Erlich. They are each, however, subject to challenges from the more than forty people participating. And, of course, what should not be forgotten is that while autumn has not yet turned to winter, applications are now being accepted for basketball, hockey and other cold weather sports. Rosters for intramural teams should be submitted to the I ntramural Office in Alumni Hall on the Amherst Campus, and should be accompanied by fifteen dollars in cash. The money is used by the intramural office to insure that teams who sign up, participate. After a season with a limited number of forfeits, the money is returned. There has also been substantial interest expressed (to the Opinion) in starting a squash league or ladder. Anyone interested please place a note to that effect with your name, phone number, and an approximation of your level of ability in box 655. INTERNATIONAL LAW SOCIETY presents The 1983 Jessup International Moot Court Competition Team Competition Coffee House and Informational Meeting Thursday November 4th 1-3 p.m. Ist Floor Student Lounge All students interested in representing SUNY Buffalo in the competition are invited League. EWo — |yp WORD G PROCESSING - TYPING Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. Complete Editing CapaWKty No need lor retyping when editing drafts Al Hiul Copy Printed on Rag ■and It lyprstyles & Symbab lo Choose From Printed lo took like Typeset Don't forget about the Ethics Exam Nov. 12th - Ask us about Irving Younger's Comprehensive CPLR Course. OrTypewriltcn Experienced in doing legal ««orConiplctt Resume Service Work al Reduced Prices Personalized form letters. mailing lists Related Set-ices Provided Xeroxing, Printing, Bulk Mailing Pick-Up Delivery AvaiUble AII Woffc Guaranteed Repetitive * Whether you type or not, PROTO-TYPE can provide you with highest quality work that computer technology can provide. CALL PROTO-TYPE - 883-3348 Ask For Randy BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-10-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/26/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/42ffff4dda9c88c1a2804c5b350a7d32.pdf b49c85a3618b1550a3e6aed948541d97 PDF Text Text Manville Corporation Files Ch. II Bankrupcy by Joanne L. Dittersdorf . "Much of industry in the U.S. has long operated on the assumption that it could endanger the lives of its employees with relative impunity, .that workers are part of the equipment and machinery of production. They can be replaced or transferred, or given workmen's compensation and retired. At that point they, cease to be anyone's responsibility." Paul Brodeur from Expendable Americans Hazardous conditions have named Irving J. Selikof began developing information through extensive research on histories of asbestos workers. This information has lead to a clear linkage between asbestos exposure and the alarming number of cases of lung disease that are afflicting asbestos workers to this day. Of the estimated 9 million American workers exposed to asbestos over the past 40 years, thousands have been diagnosed to have asbestosis. Asbestosis is a scarring of the lungs caused by inhalation of asbestos fibers. It is irreversible, unbeatable, often disabling, and frequently fatal. It is linked to several forms of cancer. Typically, asbestosis and related diseases, do not show up for 20 to 30 years after 16,500 negligence suits pending against it and is expecting at least 32,000 more in the years to come. The law suits are being filed by asbestos workers seeking damages for the lung disease which has af- flicted them. These claiments contend that Manville failed to warn them of the dangers of asbestos and failed to provide adequate protection against the risks to which it knew they were being exposed. On August 26, Manville filed for reorganization under the protection of Chapter 11 of the Federal bankruptcy laws. Under Chapter 11, all litigation against Manville is frozen and the company is allotted time been connected with health problems in the asbestos industry since as early as 1918 when American and Canadian insurance companies were exposure, so it is a problem generally declining to insure whose magnitude will not be asbestos workers. There was, known for decades to come. The Manville Corp. (formerhowever, no concrete medical evidence of such a connection ly Johns-Manville Corp.), the until' the early 1950's when a largest single producer of Mt. Sinai Hospital physician asbestos in the world, has Non-Profil Organization US Postage PAID Buffalo. New York Permit No. 708 propose a plan through which it will be able to absorb to the estimated 2 billion dollars it would otherwise incur in court costs and settlement payments. Initially, the company is allowed 120 days in which to do this, but this time period can be extended by the courts. The plan must be sub- mitted to the creditors for approval. If the plan is rejected by the creditors it must go back to Manville for redesigning. If no plan can be agreed upon then the situation might return to the prior situation where individual plaintiffs suns, tne aram on rvtanville's assets may give them real cause for a bankruptcy claim. Manville is likely to stay in Chapter 11 until Congress enacts some sort of legislation, akin to the federal black lung compensation, calling for were suing Manville, one at a the Federal Government to time. In the latter situation, li- make contribution to the quidation of ManvHle would workers. This would be be a distinct possibility. desirable because thousands According to U.B. Law Pro- of the cases actually stem fessor Marjorie Girth, filing from exposure of workers in under Chapter 11 has been an government shipyards during unusual step for a solvent com- World War 11, when asbestos pany to make. She suggested was a government mandated that in the long run this move flame retardant used in ship might actually help those who building. The asbestos companies argue that the governhave yet to file suit. Handling the situation out- ment should set up a compenside the courts may be the best sation fund and be a major way to proceed. So much contributor, along with promoney is spent on the lawsuits ducers and insurance comalone that only 20 to 30% ac- panies. Manville also says that the tually ends up in the hands of the injured worker. Manville insurers have failed to meet itself spends a great deal of their obligations to meet money fighting individual claims. Some insurance companies have refused to make workers' claim for compensacontinued on page 8 tion. After thousands of these Opinion Opinion John Lord O Brian Hall SUNY/B. North Campus Buffalo. New York 14260 The function of a free press is to comfort the afflicted and afflict the comfortable." —HL Volume 23 Number 3 Mencken State University of New York at Buffalo School of Law Tuesday, October 5,1982 Dean Wallin Explains Fall Course Registration Fiasco by Wendy Cohen "There are only so many classrooms, and so many hours in the day," said Registrar Charles Wallin, explaining why some upperclass courses are scheduled for the same time period. "The question, when three classes like Labor Law, Antitrust, and Property II are slated for the same time period," Mr. Wallin said, is "where can I put them to make it better?" There are only five major classrooms, and "in order to utilize them, certain classes must be scheduled against each other." Another consideration in drawing up the class schedule is time preferences of instructors and students. The registrar SBA Elected The results of last month's SBA elections were as follows: Jill Paperno, president; Ron Ossan, vice-president; Anne Carberry, secretary; Greg Phillips, treasurer. Third-year directors: Julia Carver, Jeff Shein, Scott Nadel, Rich Weibe, Jeff Eisenberg, and John Stegmeyer. Second-year directors: Kathy O'Hara, Bruce Schonberg, Dan Pease, Clare Piro, Brian Collins, and Len Gulino. First-year directors: Susan Kozinn, Holly Levine, Liz Garcia, Richard Gottlieb, Dave Cass, and Terri Foster. pointed out that most instruc- tors prefer not to teach in the evenings or late Friday afternoon, and students don't like to take classes that meet at these times. Instructors' personal needs also play a small part in scheduling, said Wallin. For example. Family Law and Remedies overlap, partly because the Remedies instructor had to adjust her schedule to take care of her small son. Turning to the issue of closed courses, Mr. Wallin said, "What sometimes seems to be a major problem may not be so bad." He commented that although on the first day of classes every course seems closed, classes open up as third-year students drop fifth courses they don't want and instructors let additional students into classes. "There's always going to be a problem for second year students," said Mr. Wallin, who has been the law school's registrar for eleven years; Mr. Wallin estimated that 75 percent of third-year students signed up for five classes, and "some even tried to sign up for six," even though they may have intended only to take four. However, only three classes were closed after thirdyear students' course request cards were run through the computer, and only one class, Commercial Paper, was heavily closed. The 20 transfer students accepted by the law school this year had "more serious problems," in registering, he said. Because transfer students were not notified of their acceptance until midAugust, they had a more difficult time getting courses, although the Registrar's office did try to help. Caines Gary While he feels that this year's fall registration was On September 28. Donald X Nkadimang. a South African attorney and slightly better than last year's, lecturer in ConstitutionaAaw at the University of North Transvaal. Mr. Wallin added that there is visited the law school still a problem in the Commercial Law area. This year, for instance, only two sections of Tax I are being offered, compared to three last year. The law school gained two additorney and the defense atby Lisa Kandel tional faculty members and torney questioning the victim two replacements this last a closing statement by The trial and mock rape semester, but he pointed out "you can't just go out and hire Friday night, featuring Harold each lawyer. Jury selection and opening statements were a Corporations instructor Price Fahringer and Erie Coun- Lawyers Demonstrate Rape Trial Technique downtown." When the law school goes recruiting for new faculty, Mr. Wallin commented, they are looking for the best overall candidate, and although Commercial Law instructors may be a priority, "we won't turn down a good Torts professor." Mr. Wallin also commented on the transfer of 16 first-year students from one section to another. "We didn't like to do that, but it's extremely difficult to keep the sections even," as initial section assignments are made in July, and a number of continued on page 6 ty Assistant Attorney Albert Ranni, drew people from the Buffalo community and the omitted. The facts of the case had been agreed upon prior to the trial. Fahringer, a nationally law school student body. The event, which was spon- known defense attorney, most sored by the Association of recently known for represenWomen Law Students and the ting Claus Yon Bulow, was a Erie County Citizen's Commit- superb performer. But Erie tee on Rape and Sexual County was well-represented Assault, was the culmination by Ranni; by calling Fahringer's of Rape Awareness Week. The ciosing statement "an week was intended to thank academy award winning percommunity volunteers for formance" he returned the attheir support and to encourage tention of the audience to the others to become volunteers. facts of the case. The case was primarily conThe mock trial, entitled People v. Thomas Bates, con- cerned with one issue: idencontinued on page 5 sisted of the prosecuting at �. Vol. 23, No. 3 Commentary Tuesday, October 5,1982 Editor-in-Chief Earl R. Pfeffer Managing Editor Barbra Kavanaugh News Editor: Feature Editor: Photo Editor: Arts Editor: Ray Stilwell Mary Ellen Berger Gary Games John Stegmayer Business Manager: Frank Bolz Sports: Glenn Frank Contributors: Wendy Anne Cohen, Lisa Kandel, David Allen Cass, Art I. Choke, Joanne L. Dittersdorf, John lacovelli, Jud Weiksnar, Jill Paperno, Michelle Wong © Copyright 1982, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Eleven days ago more than one hundred ÜB. law students converged on New York City's Roosevelt Hotel hoping to land a lucrative job. This adventure, which has come to be known as "the New York weekend," is rumored to exist primarily for the benefit of that group of students commonly labeled as "the top ten percent." It is also rumored thatthese weekends, which are the result of several months of careful planning and hard work on the part of our Placement Office, produce very few jobs. 'While there is a great deal of concern among "the other ninety percent" about the failure of the placement office to create an organized and consolidated program to aid them in their job search, there is no small amount of frustration being experienced by those students who traveled to New York only to see their ambitions and hopes squelched by a rejection letter the following week. One student who went to New York commented to the Opinion, "it seemed like a lot of the alumni only came to the hotel as a favor to the school. They weren't exhibiting the kind of aggressive recruiting behavior you would expect of people who were really in the market to hire ÜB. graduates." First, we believe that any resentment being directed at placement for either the elitism of, or the lack of fruitful results emerging from, the recruiting weekend is misguided. We suggest that those students who experience rejection, as well as those who were discouraged from applying by the apparent selectivity of the program, should direct their anger and frustration at the legal profession instead. A short perusal of Martindale Hubbell will reveal a not-so-subtle bias favoring graduates of the nation's elite corps of law schools. Whether or not the quality of the graduates of these law schools is superior to that of the graduates of this institution, and we believe it is not, the reality of the legal world is that firms, and most especially New York firms, display a marked preference for graduates of the Ivy Leagues. This elitism trickles down to the middle-sized firms as well. Considering the structure of the legal profession, the strategy of Placement is not so off base. Presumably, once U.B.s reputation is enhanced through the placement of its "top ten percent" in the nation's premier law firms, the "other 90" will benefit in their search for employment. Where the theory breaks down is in practice. It seems unlikely that the nation's top law firms are looking for new markets of students. They are probably quite content hiring the alumni of their alma maters —upholding the traditional belief in the superior skills and abilities of their fellow graduates. Of course, there remains a vast number of ÜB. law students who are not affected by the realities of the New York job market. There are those of us who aspire to general practice with one or two other attorneys, or hope to work in the smaller cities and towns of this state. Then there are thoseof us planning to work for clients whose lack of political or economic clout makes them especially needful of vociferous legal representation. To these students, and most especially the latter, a reliance on Placement would most surely be misplaced, for the hiring opportunities within these areas of the law are as unpredictable and uncertain as our economy. In these areas of practice the question is not whether there are jobs for U.B. graduates, but more properly whether there are jobs at all. As is true of anyone looking for work outside the mainstream, in any endeavor, a good deal of creative "hustle" is required. Second, the notion thatthere is a measurable top ten percent of law students at this school requires some comment. While it is true that some students have grades which are superior to those of others, to characterize these individuals as the "elite" of the school is to cast a reality on the unproveri notion that grades reflect either the quality of a student's analysis of legal issues or the quality of work product he or she will generate as a practicing attorney. What grades do indicate, and this perhaps reflects the big firms' overriding concerns with them, is a capacity to perform long hours of tedious and often uninspiring research. The unspoken expectation among big New York firms is that associates will produce at least fifty-five billable hours of work each week. Together with administrative time, meals and breaks, this amounts to at least seventy hours of work between Mondays. If grades are indicators of anything, it is of the ability to perform the kind of service for a firm which requires one to neglect ones personal and intellectual development. To those of you choosing such careers, we wish you luck; to the rest, we extend our hopes that the job search this coming year is not only fruitful, but provides you with the kind of work you desire and to which you are best suited. 2 Opinion October 5,19*2 BEGIN butALONE LEAVE its own. by lacovelli John — President September 28 Reagan is presently coaxing the Israelis to abandon the West Bank and allow the creation of a Palestinian state there. He foresees free flowing Arab oil and a greater U.S. influence with the moderate Arab nations as the reward if he is successful. If he pulls it off, Reagan will achieve a great victory for American interests. The problem is that the Israelis will never go along with it. If this is true, then Reagan is wasting his (our) time and energy, and an alternative plan to cooperate with the Arabs should be devised. Israel has been attacked by almost every one of its neighbors and yet it has maintained its existence; it has proved its military superiority in the area. Israel is probably the only nation in the Middle East to possess nuclear weapons. Because of this, Israeli concerns in recent years have shifted away from external threats and towards maintaining internal security. Israel has concentrated on securing its borders by removing Palestinian terrorists from its bordering nations. Now that this has been accomplished, the U.S. cannot expect Israel to allow the P.L.O to set up shop in the West Bank. Without the West Bank, Israel would be only ten miles wide near its major population centers along the coast. A small advance could cut Israel in half. Palestinian shelling from the West Bank would hit populated civilian targets. It would be very difficult to prevent terrorists from crossing such a large common border. By agreeing to a Palestinian state, Israel would be betraying the security plan that it has followed since 1973. Reagan cannot expect this to has argued that a Palestinian state will not cause a threat to Israel because the Palestinians will realize that it is not in their self interest to continue to provoke its mighty neighbor. However, this theory hasn't prevented Egypt, Syria, or Jordan from attacking Israel even though all three nations were left crippled after doing so. A Palestinian nation will be in such a state of confusion due to its lack of leadership that no rational decisions could be expected of it. P.L.O chairman Arafat's performance on "60 Minutes" (9/26/82) could attest to that. Also, Palestinian leadership will realize that by antagonizing Israel it will gain greater support of the Arab world and the support of its people. Anytime an Arab government is in the disfavor of its people, it starts a conflict with Israel and the people forgive. Israel will not buy this argument either. There is an alternative for the Palestinian people. The East Bank of the Jordan River Reagan is occupied by even more Palestinians then the West Bank. Jordan should be the home of the Palestinians. In 1921, Great Britain created Trans-Jordan as an Arab homeland in expectation of a Jewish homeland in Israel. The river was the intended border. In 1948, Israel won its war of independence but Jordan was able to occupy the West Bank in the. process thus enlarging the Arab segment. This occupation was contrary to international law and the subsequent annexation was not recognized by the U.S., the USSR, or the Arab states. Jordan had the legal status of any occupying power. In 1967, Jordan attacked Israel despite Israel's promise to refrain from happen. attacking Jordan if Jordan did Reagan has pledged that the not attack first. It took three U.S. will guarantee Israeli days for the I D.F. to take the security if Israel agrees to the West Bank back. Israelis' conPalestinian state. History has quest of the occupied territory shown, however, that interna- combined with the intent of tional guarantees have done the creators of Israel give little to prevent wars and acts Israel the best claim to the of terrorism. The U.S. has land. Certainly no one else has guaranteed Israeli security a better one. since 1948, yet Israel has had to At first, Trans-Jordan's fight five wars and has been leaders welcomed the Palestithe victim of thousands of acts nians as it gave the "nation" a of terrorism. Since 1973, Israel reason to exist. Trans-Jordan has realized that the U.S. is an was to be the Arab homeland ally only when being so will much in the way that Israel not hurt the American-Arab was to be the Jewish alliance. Israel will not put its homeland. Palestinians ocsecurity into anyone's hands cupied top positions in the Letter from the Schlegel The law school's rules provide that a student who wishes to take courses in another department for credit toward the J.D. degree must secure permission of the Associate Dean before enrolling in the course. I have recently received a rash of petitions seeking my approval for taking courses in other departments filed after, rather than before, the fact based on an asserted lack of knowledge of the relevant rule. I have approved these petitions for reasons that re- main obscure even to me. However, I shall no longer do so after October 15, 1982. So, if you have ignored this seemingly trivial rule in the past, you had better take advantage of this limited amnesty, and do government and the military until 1970 when King Hussein removed and executed these Palestinians and drove the P.L.O. out of Jordan and into Lebanon. It appears that the equitable solution is to either give the Palestinians a part of Jordan or to give them some control in Jordan's government again. Of course, the Arab states will not support this. They seem to be more interested in thwarting Israeli objectives than in giving'the Palestinians their own state. No mention of turning the West Bank over to the Palestinians was made while Jordan occupied the area. This situation leaves Reagan between a rock and a hard place. He must attempt to influence Israel to please the Arabs and their American friends in the business world, yet Israel is not about to give up their newly acquired security. Reagan is not attempting to get Prime Minister Begin out of office; correctly reasoning that he will find a more sympathetic ear in Begins replacement, Labor Party Chief Peres. However, if Begin can survive through the massacre scandal, the Israelis will soon realize what a great thing Begin has accompished in Lebanon and his power base will be even stronger than before. When Syria withdrew its support from the Lebanese Christians and backed the P.L.0., Lebanon y/as quickly becoming a P.L.O. state. But now, Lebanon is purged of the P.L.O. The Lebanese cheered the Israeli forces as liberators, although a great deal of civilian life and property was destroyed because the P.L.O. used the civilians as a shield. And now, Israel has successfully removed the P.L.O. from its borders. Its goals have almost been attained. Reagan should realize now that Begin will never bow to the U.S. pressure. The Arabs realize that they can do nothing to prevent the next step, which is Israel's annexation of the West Bank, except apply pressure on the U.S. Reagan must inform the Arabs that he too can do nothing. Begins plan is nearly completed. Reagan must face the facts and stop trying to interfere with the workings of the Israeli government. He must find a new way to please the Arabs. Announcement Anyone interested in being U.B.'* student representative to the American Bar Association, please contact Jill Paperno, Box No. 177. so quickly. Schlegel I Elections Are Being Held al 3 pm on October 12 to fill EDITOR'S NOTE: Opinion welcomes Managing Editor position. letters on any subject, expressing any viewpoint. All letters will be printed All students are eligible to in their entirety. Please submit them run. in the envelope outside Room 724. �President Preparing Full Agenda; Seeking Students by Jill Paperno I was elected President of the Student Bar Association two weeks ago. As President I will have a regular column in the Opinion. I hope to use this space to keep you informed of what the S.B.A. is doing. Unfortunately, as the Opinion deadline is earlier than this week's meetings, I can only inform you of what S.B.A. is expected to do during the week of September 27. Before I do that I would like to congratulate the winners of the S.B.A. elections. I'm looking forward to working with this year's Board of Directors. The Directors and officers are your representatives in S.B.A. Try and familiarize yourself with our names and faces. A list of names is printed in this edition of the Opinion. I hope that all of this year's candidates will maintain the interest and involvement in S.B.A. that they have already poll may be taken following On September 23 I had distribution of this information shown. terested in getting involved with a Student Faculty Combreakfast with the Presidents to determine what alternatives mittee, please leave a note in of the Student Association, are acceptable to students. If my box (No. 177) today. StuGraduate Student Association, you have any thoughts on this, dent membership on these Medical School and Dental please see me. I will provide committees is limited. School; Dr. Sample; a represen- you with more information as With the exception of the tative of Millard Fillmore Col- it becomes available. Finance Committee, Student lege and other university adOn Wednesday, September Bar Committees will probably ministrators. The topic of 29 at 4:00 the 198*83 S.B.A. not require interviews. If you discussion was construction of Board of Directors will have want to join one of these commet for the first time. Agenda mittees please leave a note in student activities space. *A student activities building items include funding for at- my box this week. is planned for Amherst cam- tendance at a convention by a Information about both pus, but it will not contain of- member of HANALSA and types of committees is posted fices and other student union selection of an Appointment on the door to the S.B.A. office (room 101), in the first floor facilities. At this time the Committee. The Appointments Commitpossibility of constructing lounge, and on the S.B.A. another building is being con- tee is a group selected from bulletin board in the sidered. Funding may come from the Board of Directors by the mailroom. I'd like to thank additional student fees. Many S.B.A. President. Its role is to Dean Headrick and Cleo for questions have been raised interview and select students the information about Facultyabout these plans, such as the for Faculty Student Commitees Student Committees. kind of control students will and Student Bar Committees. S.B.A. Board meetings will Although interviews will have be held weekly. I hope to have over such a building. Lunch is scheduled for Oc- begun by the time you read establish a regular meeting tober 29 with the same group. this, if you did not receive day. Feel free to attend Peter Murphy, President of notice of interviews and are in- meetings. If you would like to G.S.A., is collecting information to present to students. A Join a Committee! The following are general descriptions of law school committees open to student membership. Anyone who did not have a chance to sign up for one of these committees by last Friday may contact SBA President Jill Paperno and request consideration for membership. Academic Policy and Program Committee (APPC) four students, a Law Library faculty member and Deans Carrel, Garcia and Wallin, it generally operates through subcommittees which make recommendations to the Chair. Its work is particularly heavy in the period from January to May when files must be read expeditiously. All of the work of the Committee is held in strict confidence. This Committee considers Appointments Committee This Committee screens candidates for faculty positions, arranges visits and interviews, wmembers, deans, and students. After the Committee reviews a proposal, it makes a recom- on appointments to the full faculty. Only positive recommendations of the Committee are reported publicly. The Committee is composed of four faculty members, elected for two-year terms, two students, the Dean, and one Law Library faculty member. The Chair is elected by the proposals for changes in the academic program and graduation requirements. Proposals come from faculty mendation to the full faculty. It is composed of the Dean as Chair, three faculty members, three students and a Law Library faculty member. Meetings are held when the Committee has proposals to review, i.e. somewhat irregularly. Academic Standards and Stan- ding Committee (ASSC) This Committee acts on petitions from students for readmission or waiver of Law School academic rules. It also makes recommendations to the full faculty with respect to changes in such rules. .By the,n4tu.re.of,its work,,the Committee requires observance of strict confidentiality. Its meetings are closed to nonmembers. It is composed of the Dean as Chair, three faculty members; three students. Dean Wallin and a Law Library faculty member. It meets when it has sufficient matters to review or when action with respect to a student petition is particularly urgent. Admissions Committee This Committt sets general standards for admission and reviews files of candidates for discretionary admission. Composed of six faculty members, one of whom serves as Chair, and makes recommendations faculty members. The two student members are expected to contribute to the process of screening resumes, to organize which candidates can visit with a diverse group of students, and to report to the Committee student reactions to visiting candidates. ' The Committee meets frequently in the fall and in the early part of the spring meetings at semester. Budget and Program Review Committee (BPR) Tfjis Committer reviews the non-persprirjeT-flaTt.. Of. the Law, School budget and makes, recommendatibns to the Dean oh his expenditure plans, particularly those with respect to student organizations and pro- grams. It meets infrequently, normally only when specific proposals require action or in spring when the Vice-President allocates the funds for the Law School budget for the next fiscal year. The Committee is composed of the Dean as Chair, three faculty members, three students. Dean Wallin and a continued on page 10 speak with an S.B.A. representative and cannot attend a meeting leave a note in any director of officer's box. The S.B.A. office is on the first floor. Once office hours are set up please stop in and watch the S.B.A. bulletin board for announcements and informa- tion about meetings. As soon as the next meeting date is set, organizations will be receiving notice to send a representative to a meeting before November 1, as is required by By-law No. 13. This representative must report on the group's activities and plans. Organizations must also publish a letter in the Opinion between October 15 and March 15 describing their activities. Finally, Mandatory Fee Waivers were available last week. For information regarding the status of fee waivers, please see Greg Philips. NEW YORK CROSSOVERS If a corporation enters into a contract to purchase real property and then brings an action for specific performance, must you discuss the law of corporations, contracts, real property, civil procedure and equity? How do you determine the real thrust of the question? What are the examiners really looking for? This is a critical issue spotting problem which is endemic to the New York Bar Examination which treats the law as one integrated body of principles or rules. New York essay questions often integrate several independent areas of law into one complex problem. This method allows the Bar Examiners to test an applicant on a great many of the 30 testable subject areas in only six essay questions Very few law students develop these practical issue recognition and analysis techniques during their academic training. That is why almost 20 hours are devoted to problem integration and analysis during the Marino-Josephson/BRC course. No other course offers enrollees such extensive preparation in handling the New York exams multisubject essay questions.' CONCERNED ABOUT NEW YORK CPLR? For those students who want to learn New York CPLR before the summer bar review, the Marino-Josephson/BRC course will present this spring, free to BRC enrollees. a,i Forge Ahead lecture series on New York practice by Professor Arthur R. Miller of Harvard Law School f Recognized as one of the finest teachers in the nation. Professor Miller combines wit and clarity of expression with total intellectual command of his topics. Co-author of the prestigious treatise Wright and Miller, Federal Rules, a widely adopted civil procedure casebook and the Sum former and Substance of Civil Procedure, present member Law editor of the Harvard Review Of; the American Law Institute In addition, Professor Miller is regi_lafly asked by the Federal Judicial Center to address Judicial Conferences across the nation V i I . i \\kJy ___mnn"" Marino- josephson/BRC 71 Broadway. 17th Fl (212) 3446180 • New York, N V 10006 (212) 344-61S1 October 5,1982 Opinion 3 �The Best Rock-n-Roll Band — That's Who! by David Allen Cass For the past three weeks I had been waiting patiently to again witness The Who. The first time I saw them was at Madison Square Garden, New York City, as a high school senior; this time it would be on September 26, 1982 at Rich Stadium, Buffalo, as a first year law students. Being a law studentthis time around has greatly altered my perspective of the event. Not only did I not know that my Who ticket was a contract, but also that in. a crowd of ninetythousand people, the police could have the audacity to actually arrest anyone for disorderly conduct. Besides being the largest in size, this ticket had the most contractual stipulations that I had ever seen on a concert ticket. For example, on the front of the ticket it said, among other things, "No bottles, cans, tape recorders, movie cameras, weapons, or fireworks." According to the "Plain Meaning Rule" -the definitions of these words should be clear. However, to the first year law student, each word has many meanings. Does "bottle" include plastic containers? Does "movie cameras" include regular cameras? Do "weapons" in- clude regi red hand Canada to collect our dime refunds. Broken glass and flat tires were omnipresent in the parking lot. The Security Force, rather than securing the inside of Rich'Stadium, especially the field where at least thirtythousand people, and some Dead Heads were viciously clawing their way towards the stage in the hopes of establishing a spot so that they could get a better glimpse of The Who when they came on, but who unfortunately had to suffer through David johansen, grenades? I need answers to these issues, and I need them now. One needs a lawyer, not a first year law student, to decipher the liability "dicta" on the back of the ticket. Fortunately, for Harvey, Corky and Tice Productions, AustenFagen, Buffalo Bills, Inc., the County of Erie, and The Who and their agents and employees, they have the best lawyers in the country pro'.cting them from liability. Meanwhile, the poor drunken Who head like me has no one. According to the ticket stub, not only will no one take responsibility for guaranteeing my security, but the people in charge will not even let me bring in a bottle of Yukon lack to help heal my wounds. Is this "justice"?, or does justice merely mean just-us? For starters, getting into the Rich Stadium parking lot was a project in itself; however, this was a cakewalk compared to the hassles of actually getting into the Stadium, and finding a seat. The Rich Stadium Who Security Force, whose leaders have an intelligence quotient of approximately three, one for each of them, brilliantly decided to withhold garbage cans from the parking lot, probably in the hopes that us Who heads would take our empty bottles of Bradors back to who played a puny uninspira- tional twenty-five minutes, and The Clash, the most overrated hardship case ever, who played a miniscule forty minutes, twenty-five minutes below their alloted time, were very successful in securing the outside of the stadium. There were more mounted police outside the stadium than in probably all of Canada. It was as if once near Rich Stadium, I became a prisoner. I felt very degraded. Not only was I not allowed to walk in or around "secured areas", such as the street, but the security force made me and my entourage, all fifteen of us, wait in line over ninety minutes before allowing us to enter the stadium. My girlfriend hn<l to go to the bathroom She was not pleased with the arrange- students should not like this. treated be Once inside the stadium, I realized that this was the first outdoor concert that I had been to that there were no reserved seats at all, or any limit on the amount of people allowed to be on the field. So I decided to try to watch the show from the field. Thinking that I could possibly enjoy myself down there was quickly forgotten when the guy standing next to my girlfriend got hit in the head with a bottle that was not supposed to be allowed in the stadium, by his friend who was having a "bad trip." I guess the mounted police missed this guy. There were no seats on the field. People were drunk, drugged, and rowdy; bloodied bodies, especially faces, permeated the environs. Besides, my girlfriend and I managed to lose all of our friends within twenty minutes of arrival, and were thus forced to encounter these throngs by ourselves. As the afternoon wore on, it became evident that I had to leave the field and try to find a somewhat decent seat in the ftands. It only took us about one hundred minutes to make our way ment. Law through the aisles. People were standing in the main aisles socializing. It became extremely dangerous when people. who had been socializing in the aisles, were being pummeled to the ground by the people who were trying to get through. Luckily for us, we made it out of the aisles with only scratches and aches. During the trek away from the field, towards the upper tier where the people were at least more refined, I even saw a fellow Section Two student with his girlfriend. I noticed that some people, usually smaller than the arresting party, were being harassed and/or arrested. It occurred to me, especially <vith the hindsight of Al Katz intriguing lectures on Criminal Law, that it was totally obscene for anyone to arrest anybody (unless of course it was for a capital offense) in a crowd of ninety-thousand people for disorderly conduct. It . behooved me to figure out how anyone could say anybody was disorderly in a crowd of ninety-thousand inebriates to warrant them being arrested. Scenes from Pink Floyd's The Wall scurried through my head. All the negatives of this con- cert were forgotten, except for this article, once The Who got on stage. They were fantastic, in top form. They are not considered the best rock-n-roll touring band for nothing. Professional Responsibility Exam (MPRE) Test Dote is Friday, November i 2. \ i ALL JUNIORS and SENIORS may take DAR/BRl's MPRE Review Course for no ADDITIONAL COST by simply depositing on additional $50 toward the final balance of your Dar Review Course ___ fUD I "All/ DM i\ A The Review Course token by more people studying for the H.Y. Dor than ALL OTHERS COMBINED 4 Opinion October 5, 1982 �Michigan Student Criticizes Legal Pedagogy The Opinion has been privy to several Students' complaints about U.B.s law curriculum. The allegations made in this article should give rise to a greater appreciation of the education we are getting at this institution. The author is a student at Wayne State University Law School. by Rudy Serra Many people, particularly laypeople, assume that physical support. They are forced to turn to their fellow victims and their fellow's recognition of their reliance engenders a willingness to help. Each victim knows that he too will soon need the help of others. By helping someone else now, he realies that he will help to assure his own survival. The effect is similar to that of a Michigan winter. When someone else's car is entrenched in an impassable parking lot, you help to push the car to the safety of the street. It is common for the grateful driver to return from his rescued vehicle to help you remove your car from the parking lot. This scenario was repeated continuously during the winter of 1982 in the parking lot at the members of the legal profession "take care of their own" because of their common commitment toward advancing rational discourse, the peaceful resolution of disputes and an orderly society where the law governs and applies equally to all. This assumption is inac- Wayne State Law Library. curate. This same effect arises out The real reason why of a law school education. members of the legal profes- During the past year alone, sion "take care of their own" is hundreds of law students have more closely related to the taken classes from attorneys "disaster mentality" than it is who have absolutely no trainto any common commitment ing as teachers. Although they to justice. Attorneys take care may be nationally renowned of their own because they are experts in their area of legal conditioned to do so by their practice, they have not yet legal education. It is the only mastered the fundamentals of way that they can survive the communicating their expertise three years of oppression and to students. They speak in such a way frustration called "law school." that students are unable to It is widely recognized that a hear what is being said. When peculiar type of solidarity it is possible to hear, it is often arises out of a shared ex- not possible to understand. perience of survival. This They write on the blackboard phenomenon is called "the in such a fashion that their disaster mentality." It occurs writing cannot be seen and, if in groups of people who sur- it can be seen, it cannot be vive experiences like concen- deciphered. tration camps, floods, natural They fail to identify the subdisasters, prison camps, war ject of their lecture, and don't and law schooT. give a page number or The victims learn to rely on recognizable case name until one another for emotional and much of the important naterial to contact students in advance They digress or fail to pro- to avoid extreme inconvevide a syllabus to give students nience., Then they are even a basic idea of what will rescheduled at inconvenient be required of them. Assigning times. more than one textbook, they This is not a complete list of wait until several classes have law school educational technipassed and then assign sup- ques. Some instructors do not plemental materials that must use any of the techniques be purchased. listed. Others make.up their They assign numerous re- Own or devise exotic combinaquired outside readings that tions of those listed. No law are "on reserve in the library." school professor has yet acThey put a single copy of each complished the task of using reserve reading in the library all of the techniques and expect forty or fifty simultaneously. This writer has is oast. students to be able to get the material and be prepared to review the cases in class, when the reserve readings are all assigned for the first two weeks of class. They never use or seldom use the two "extra" textbooks they required students to purchase. They skip around indiscriminately in textbooks that are used. They linger so long over trivial matters that they never cover much of the class material that was assigned. Often professors intimidate students or belittle them if vthey give an incorrect answer. Asking question rather than giving answers is piously called the "socratic methods." They ask questions whose answers are so obvious that an intelligent student would be embarrassed to answer for fear of being labelled a "brown-noser." They fail to provide essential feedback by either not skills s/he lacks. The vast majority of law school instructors are either not equipped to do so or fail to exert the effort necessary to do so effectively. The Justices of the United States Supreme Court have complained about the lack of skills in practicing attorneys. Law schools should steadfastly refuse to graduate students who lack the necessary skills, but only after they stop employing instructors with highly deficient teaching techniques. It is essential that law schools (and the continuing legal education promoters in the organized bar) undertake innovative and drastic pro* grams to teach their teachers how to teach. In addition, law schools should dismiss instructors who are unable to unwill- attended more than one law school, as a result of a transfer, ahd regrets to report that these destructive techniques are not limited to a single institution. Instructors often complain about the lack of writing and communication skills in students. Such criticisms are valid, but the fact is that the ing to acquire minimal comstudents are there to learn the petency in teaching. One can easily ascertain techniques that they have not yet mastered. The law school where the needs lie by asking instructor is there to provide students or by visiting the student with the essential classrooms. Few classes are continued on page Mod Rape Trial... 7 continued from page 1 tification of the attacker. Ac- acquaintance rape, whereby cordingly, the prosecution's the victim knows her attacker. questions focused upon the In these cases, "the issue is often consent," Ranni said. It is events leading up to the attack, the attack itself, and the much more difficult to convict character and intelligence of someone of acquaintance rape the victim, Mrs. Cordon. In because it's hard to convince a contrast, the defense was jury that the rapist would have mostly concerned with the attacked the victim knowing lighting in the room where the full well that his victim could attack took place and the easily identify him. Although Ranni stated that somewhat inaccurate descripning them with no indication tion of the attacker given the there's a "need for police to be trained in investigating cases of which answers were ap- police by the victim. of sexual assault," he is oppospropriate and which were not. According to the victim, her ed to specialized police teams. without are cancelled Classes assailant was white, 6 feet tall, These special teams become notice, with no attempt made weighed 230 pounds, and had a "elite squads" which result in moustache and beard. Fahr- over-specialization of the inger pointed out that no menpolice force, he said. tion was made of a moustache Fahringer disagreed. He did not have much flavor in the police report filed just feels that crimes of sexual because it had been overcook- after the attack. assault "deserve specializaed (I am always suspicicus In addition, he noted that tion". In addition, more vicwhen I can't recognize the defendant, Thomas Bates, tims of sexual assault would anything in the filling.) Unfor- was 6 feet 2 inches tall and come forward, he said. tunately, not much good news weighs 200 pounds. After the After the closing statements on the dinner itself either. I victim identified Bates in the were made, the moderator, ordered chicken divan crepes courtroom, Fahringer in- Bruce Goldstein, discussed with broccoli which had the structed Bates to put on his some general misconceptions texture of something that had eyeglasses whicl» he "regularly about the crime of rape. First, been frozen then reheated. wears" and instructed him "to the absence of sperm doesn't The crepes were bland and the leave them on" for the balance necessarily indicate that a rape broccoli was mushy. My friend of the trial. The victim hadn't hasn't occurred because rape had onion soup and a spinach mentioned eyeglasses in is not a crime of sex. Therefore, salad which was o.k. Never- describing her attacker. orgasm may or may not occur. theless, the Holiday Inn's According to Coldstein, "the In attempting to assert the primary business is putting have changed; it's not as laws victim's idenpeople up for the night and we validity of the to convict for rape" as difficult tification of Bates, Ranni asked it used to be. Corroboration for can only guess that the reputato Mrs. Cordon describe Fahrtion of the Sassafras Room of the crime, inhis nose, each element causes a lot of folks to retire to inger, specifically victim identification and cluding was ears, and lips. The their rooms early. longer is no repenetration, One last comment about unable to do so. Ranni then quired. In addition, the past no both places. At the entrance to said, " but you would have sexual conduct of the victim is the Panache Room, a man is trouble identifying Fahringerau-if only relevant when it relates to usually posted to make sure you saw him again." The by the presence of sperm. that the patrons are dressed dience, apparently pleased In the past, the charge of statewhich might the implications of this appropriately required forcible compulrape applauded. mean that they won't let you in ment, cheerfully sion and utmost resistance. trial, to in response After the wearing your sneakers and standard was amended to The your favorite Chuck Mangione a question from the audience require earnest resistance and, selection, Fahrt-shirt. At the Holiday Inn, regarding jury most recently, no resistance. however, though the decor inger stated that he would Coldstein emphasized the would seems to suggest formality, avoid "women who of the Erie County value there really isn't any. I'm sure sympathize with theforvictim" Citizen's Committee on Rape "inthat if you showed up wearing and would look in that it jurors" and Sexual Assault anything other than your telligent, nonemotional support to the victim provides understand the favorite underwear (which for who would who "carries a stigma after the some people is none at all) identification issue. concerned event." Another question there would be no problem. October 5,1982 Opinion returning exams at all, or retur- Dining Out In (And Out Of)Style by Art I. Choke My companions and I decided to start our evening at the Marriott Hotel (yes, this is a restaurant review), located 5 minutes away by car unless you got stuck at the damned red light at Maple and Millersport. By camel it's a few minutes longer, I'm told, but you probably wouldn't have to wait at the light. As you enter the Marriott, the Panache room is on the left side of the lobby after you make a right turn around the three-foot tall imitation brass flowers. You can tell you're at the Marriott when the flowers decided to mosey over to the hors d'oeuvre table next to which a "Seafood Bar" was also set up. Given that the sign outside advertised a Seafood Bar in particular and the fact that it was Friday afternoon, i guess I expected something more, but here we're talking slim pickin's — example: four very anemic looking shrimp stuck on to the rim of a glass (their "Shrimp Cocktail") $3.50. Also oysters in the shell (I assume someone opens them for you) $.50 each. And that was it. So much for the Seafood Bar. However, the usual complimentary fried mushrooms, raw mushrooms, cauliflower, cherry tomatoes, aren't plastic. We wanted to begin here for and broccoli were available several reasons: 1.) sentimental with dressing which was either we had all been here in the ranch style or bleu cheese. I past and had a good time; 2.) couldn't tell which. After finishing our drinks image we like to pretend we (seven dollars plus change for we to go because are cool including tip) we three drinks "chic" places; 3.) curiosity hopped into our cars and men to trying still Are all those pinch women's derrieres as the drove on the I-290 West (leave — — — bar fills up? and 4.) small they usually serve bankroll some really great free hors d'oeuvres. We found a comfortable place to sit away from the bar and the crowd. A waitress was there in a very short time to take our drink order. We then — the camel at home). The Sassafras Dining Room is in the Holiday Inn located on on Niagara Falls Boulevard your immediate right if you drive off at the Niagara Falls Boulevard exit. Before ordering dinner, we were served a complimentary eggroll which — — 5 �. « WHwuilr £•/«< mem /ill mo d<nft*«i* ,Igo-r "O'*' ■Wil I*t J0 J°9s AAIV ftAiiKd in <•<-*■ of tT'■' ' -ruftll AX u>n oF -J&I?? o*r meet if m/I kc 4A, efHRTTI looic Po* th6m,WT look GrJVete 4Si«. _ _ "AvstkquA U/AMlt Youl "ntM *OU9U 4MD u/oHk. om SHiPS'... pieeoi U*>*KeW...'MAKf HUAiItCPi sruffivr (MjeLoPci ht mnt'.. S* 7»f rnatttt U»f* Yoo 14W $nt>tvt% IS WAT flttlttt ycu g£ =_ I ~N /" CZT> "= -tttz H Mb312588/2W students decide not to attend the law school at a later date. The Registrar stated that if the transfer hadn't been made, there would have been 92 students in one section, and 68 in another. He remarked, however, that "it is too bad it (the transfer) couldn't have been done on a more voluntary basis." Finally, the Registrar corn- ... mented that this year's upperclass finals schedule, in- cluded with registration materials for the first time this year, won't be changed without solid reason because people make plans around it. However, students may find it more difficult this year to receive permission to take finals on different days if they have two or three tests scheduled for the same day. In Memoriam I university press 60 s. harriman Registration continued from page 1 H Jim Newman RESUMES TYPESETTING INVITATIONS FLYERS LOGOS POSTERS BUSINESS CARDS STATIONERY NEWSPAPERS H H H H H H H £ I £j^ 37Q I *«£2;«£ c >,P »,.ti.n Class of 1984 KS NY. 14260 Amherst, Don't Be Left Out! Get In On the "Social Opportunity" of the Year The Buffalo Law School Entertainment Card All those interested in enjoying good food, drink and entertainment, at low prices, read this! In the hopes of providing law students with relaxing, enjoyable entertainment, at low cost, the Commehcement Committee has obtained agreements from area proprietors for discounted food, drink and entertainment. The way to take part in this money saving opportunity is to purchase a Buffalo Law School Entertainment Card. The purchase of the Entertainment Card will enable its holder to obtain discounts at the following area bars and restaurants: The Scotch-n-Sirloin, Bullfeather's Pine Lodge, Rootie Pump Room, P.J. Bottoms, Grandma Lee's in the University Plaza, Syracuse's Pizza Plant in the Northtown Plaza and Clarence Mall, and Demo's Restaurant at 516 Delaware Avenue. The Entertainment Card will also entitle its holder to purchase discounted movie tickets. These tickets are valid at all General Cinema Theaters across the country, including in our immediate area, the University Cinema, and the Boulevard, Eastern Hills and Thruway Mall Cinemas. These movie tickets will be available for $2.75, a saving of $1.25 off the regular ticket price. In addition, the purchaser of an Entertainment Card will also receive a discount on Law School social events sponsored by the Commencement Committee. The first of these is the TOO MANY DAYS 'TIL GRADUATION PARTY, to be held at Bullfeather's Lodge on Thursday, October 14th. The Entertainment Card will entitle the holder to a $2.00 discpunt off the $4.00 admission price. Don't miss out on this social opportunity of the year! The Buffalo Law School Entertaiment Card may be purchased for $10.00 at the table in front of the library. For more details on the discounts availble, inquire at the table. 6 Opinion October 5,1982 1947-1982 SUB BOARD ONE, INC. Whether you're Ist 2nd or 3rd year students the Too Many Days Til Graduation Party is for you! When:Bullfeather's Lodge 3480 Millersport Hwy. (4 mi. north of Amherst Campus) Where: Thursday Night October 14th 9:00-Til ? All the Wings you can eat! All the Beer and Soda you can drink! Music & Dancing Admission Price: $4.00 Only $2.00 with Entertainment Card - Ist Year Students come and let us welcome you to the Law School Sponsored by the '83 Commencement Committee �Freedom of Information Act Analyzed In New Book This article was Written by the banning of such unsafe, defecCampaign for Political Rights tive products as exploding Pinand first appeared in their to gas tanks,defective publication Organizing Notes, Firestone steel-belted radial 6/7/82 tires, and two carcinogens, Red Since the Freedom of Infor- Dye No. 2 and Chloroform. mation Act was enacted in FOIA disclosures have promp1967, thousands of people ted closer scrutiny from Conhave utilized the open access gress and federal agencies on law to monitor government airline safety procedures, policies and programs, to aid health care and in the context in research and news reporting, of infant formulas. and to better understand how the federal bureaucracy works. Now, for the first time, a new Campaign for Political Rights study details how consumers, business, scholars, journalists, state officials, lawyers, unions and political activists have used the FOIA — and how many FOIA disclosures have benefitted the public. Former Secrets: Government Records Made Public Through the Freedom of Information Act was written for the Campaign for Political Rights by Evan Hendricks, Editor of Privacy Times. The 200-page study lists 500 cases of FOIA disclosures in ten areas: Consumer Product Safety Consumer groups have used records obtained through the Freedom of Information Act (FOIA) to force the recall or contributed a great deal to what is currently known about the hazards of nuclear waste disposal, pesticide spraying and chemical dumping. States such as New Mexico, Mississippi and Utah have used the FOIA for these purposes. Documents released on atomic fallout to Utah Governor Scott Matheson revealed that government officials knew of the health dangers, including cancer, of the 1950's atomic testing in Nevada, but publicly insisted there was no danger. Use of the FOIA has also enabled environmental groups to discover hundreds of nuclear plant accidents. Drug Safety and Government Behavior Control The FOIA has enabled public interest groups, the press and others to obtain data submitted by companies on ineffective or unsafe drugs. For example, the drug Phenformin was banned by the Food and Drug Administration (FDA) shortly after a consumer group filed a lawsuit based on disclosure of records on the drug's harmful effects. The FOIA has also informed the public about drug testing pro- Fraud, Waste and Government Corruption Public interest groups across the polities' spectrum have used the FOIA to expose waste and fraud in the government. After a fouryear court battle, Common Cause obtained Air Force documents on the ten largest defense contractors; the documents showed that these companies had charged the government more than $2 million in questionable lobbying expenditures. grams by federal agencies and state prisons; FOIA records on CIA mind control research led to the publication of John Marks' In Search of the Manchurian Candidate. Environment and Nuclear Power FOIA disclosures have On The Lighter Side Civil and Labor Rights Blacks, Hispanics and Native Americans have used theFOIA to battle racial discrimination ... The Freedom of Information Act has helped bring some of the government's more embarrassing secrets out of the bureaucratic closet. Following are a few examples from Former Secrets: in employment, education and housing. The Act has also been used by women's groups fighting sexual discrimination, and by the mentally and physically impaired to monitor • According to FOIA documents released by the Department of Defense, the Army used infected homing pigeons enforcement, of government programs. Department of Labor records have helped workers and labor unions challenge violations of health and safety and fair labor standards laws. and dropped contaminated turkey feathers in cluster bombs over oat crops in upstate New York to test the use of a "cereal rust epidemic" as a biological warfare weapon. • Senator Proxmire awarded the Golden Fleece Award to the Navy's Project ELF (Extremely Low Frequency) as a result of one FOIA disclo*sure. According to documents, a deputy Defense Secretary testified before the House Appropriations Committee that the Navy was conducting a fertility study on a bull at Proiect ELF. When the official found out after testifying that there was no such bull, he even though medical ordered the Navy to purchase one Business Critics of the FOIA have charged that businesses mainly use the Act to obtain their competitors' trade secrets. But FOIA Professionals within the government say their agencies are careful — officials advised that there was little use in conducting a one-animal study. Six years later, the Navy shot the bull • ed special to Another Department of Navy FOIA disclosure describNavy test on sharks. Under "Project Spear," the a Navy implanted electrodes in sharks so that they could be steered by radio signals. When the Navy found they were lacking sharks for the final test, human recruits were substituted. Lose Sharecroppers — — , avoid disclosure. This debate over trade secrets has actually obscured many important ways in which businesses have used the FOIA. For example, according to the Defense Department's 1981 annual Benefits farmworkers who are same. 2) The IRS can sue the farmas "sharecroppers" classified the This article was prepared by worker for not paying taxes, security tax forms: on social Farm Labor Organizing Commit1) Farmers must pay an extra and then the worker must pay tee which is a group dedicated security tax for having an additional penalty tax. social to organizing migrant farm3) IRS is supposed to hit the employees, but they can avoid workers in the midwest in order their "sharecropper" for S.S. taxes they designate it if to gain needed protection from as sharecroppers. This every spring at tax time, but it employer practices such as workers at first appears is backlogged by cases and has system those outlined below. only recently gotten around to to farmworker beneficial the he no social the farmworkers. Workers also, because has than In everything other name, farmworkers are security deductions from the have been sued by the IRS for over $800 in taxes they did not have paycheck. employees and the Internal pay in past years. In reality guaranteed employee rights Service demand Farmers may use the Revenue will But by designating their workers on tax forms as self- the tax later. Worse, the sharecropper status for further employed "sharecroppers," "sharecropper" must pay a exemptions that hurt the farmfarmers have denied farm- much higher S.S. tax than he worker, by classifying them as workers these rights. For in- would as an employee, even "independent contractors": Unemployment and Workers stance, the farmer does not though his income is no difFarmers do not Compensation: are Although his taxes ferent. pay minimum wage. on page remain continued benefits the There are serious problems higher, the for . . report, 55% of the Departbeen released to veterans ment's FOIA requests last year through the FOIA. came from business concerns, Government Intrusion into In eluding many small Political Activity The businesses that use FOIA to ac- widespread disclosures under quire technical data from the the FOIA Of government atDefense Department in order tempts to infringe upon to bid competitively on democratic rights are perhaps government contracts. the best proof of the need for History FOIA disclosures have .public oversight. Beginning resulted in numerous books, with NBC correspondent Carl , Nixons Wins ' FOIA Ruling In a 5-4 decision issued on May 24. the US Supreme Court upheld the right of the FBI to withhold information the Bureau supplied to Richard Nixon concerning his political opponents. The Court ruled that records originally compiled for law enforcement purposes can be withheld under the Freedom of Information Act (FOIA) even if the material is later put to other use The political files, which concern individuals such as Cesar Chavez, John Kenneth Calbraith and Dr Benjamin Spock, were tne suDject or an fOIA request filed by journalist Howard Abramson in 1976 The FBI provided the information to the White House after Nixon aide John Ehrlichman requested "name checks" on opponents of Nixon's Vietnam policy. The FOIA permits the withholding of records "compiled for law enforcement purposes," but only if some specified harm would result from disclosure. In this case, the government contended that release of the records would constitute an invasion of privacy. The Supreme Court rejected a lower court's ruling that law enforcement records lose their protected status if they are later used for other purposes. articles, and reports that have Stern's request in 1971 for FBI chronicled important chapters counterintelligence program in contemporary history. Some (COINTELPRO) documents, hundreds, of journalists, academics, religious groups, political activists and other citizens learned they had been subjects of illegal government surveillance. According to CIA documents, the CIA engaged in extensive domestic spying primarily aimed at college campuses. « Foreign Affairs and Defense Information gleaned from the Taxes Disclosures under the government through the FOIA FOIA have helped American public taxpayers demystify many has expanded knowledge about the 1969 complex Internal Revenue SerCambodia bombing, military vice (IRS) procedures. Tax sales to Central America, CIA analysts, unearthed thousands assassination plots, the of IRS documents revealing People's Temple Massacre in the IRS had developed a Jonestown and many other "secret body of law" it did not foreign affairs and defense want to share withoutsiders. As matters. Details of army tests a result, analysts compiled and of atomic weapons in the indexed the materials, which 1950's and of Agent Orange are now routinely used by acduring the Vietnam War have countants and attorneys titles included: Stephen Schlesinger and Stephen Kinzer's recent Bitter Fruit: The Untold Story of the American Coup in Guatemala; William Shawcross: Sideshow: Kissinger, Nixon and the Destruction of Cambodia and Walter Le Feber's Panama Canal. Legal Teaching from page 5 stimulating, few are challenging and only some are reasonably well organized. This condition persists even in classes where the textbook ... Ihe deterioration of legal education has continued too long. Administrators should institute courses for instructors before the incoming freshmen in the class of 1983 are added to the list of victims. now, material presents fascinating and stimulating accounts of Many law students are the development of various imemployed (or have been portant areas of law. A poor employed) as teachers and teacher can successfully take a would gladly lend their fascinating subject and conassistance, free of charge, in vert it into drudgery. providing critiques and conThe fact that the solidarity structive suggestions. of the legal profession is based The cost of a law school more on "disaster mentality" education is high. The quality than on common commitment of the educators is unto justice is further evidenced necessarily and appallingly by the practice of some law low. Under current conditions firms. If one experienced the the definition of a "lecture" same disaster as the partners of provided by one law school inthe law firm, by attending the structor is too accurate to be same school, the tendency is humorous: a lecture is "the for one to be welcomed more process by which the teacher's warmly than an individual who notes become the student's experienced a similar, but not notes without passing through identical, disaster. the mind ot either." Opinion October 5, 1982 7 �J.C. Friends and Enemies Dept. Tiny Caribbean Island Feared By U.S. by Rick Herbert The country had no industry. Government administration Grenada, a beautiful spice was marked by Gairy's corrupisland barely one-quarter the tion and mismanagement. size of Los Angeles with a Over half the population was population about that of unemployed. To describe the Berkeley, has been proclaimed condition of the island before a threat to vital U.S; national it won independence from security interests by the Great Britain in 1974 is to Reagan Administration. With depict a familiar pattern of public attention riveted to colonial underdevelopment: ilCentral America, particularly literacy; inadequate health El Salvador, few have noticed care and housing; poor nutrithe Administration's vendetta tion; unemployment. Five against the revolutionary years of independence under government of this small Gairy only reinforced this pattern. island nation. U.S. hostility towards The PRG with Maurice Grenada began when members Bishop as Prime Minister movof the New JEWEL Movement ed to wipe out illiteracy and to (Joint Endeavor for Welfare, provide free health care for all. Education and Liberation) took It began road repair and road control of the country in 1979. development. It built the first agro-industrial factory utilizSince then the U.S. has attempted to dissuade its western ing what had previously been allies from attending a Euro- waste products from its fruit pean Economic Community crops to make jellies, jams, Co-financing Conference to and nectars. It encouraged raise money for Grenada's new foreign investment in cooperainternational airport; tried to tion with government. It block a $19 million loan from recognized tourism as an imthe International Monetary portant source of foreign curFund; pressured the Caribbean rency and consequently Development Bank to exclude sought funding for a new interGrenada from funding; and national airport, which had conducted military maneuvers originally been planned while in the Caribbean under the Grenada was still a British coloperation name "Amber the ony. Even before its inAmberdines." (Grenada is the dependence Grenada had tried largest island of the to find support for the airport, Grenadines.) These examples principally from Great Britain are by no means exhaustive. and the U.S., but to no avail. On March 13, 1979, Cuba offered to help build the members of the NJM took over new airport and to supply Grenada's only radio station, medical teams for Grenada's stormed the island's small developing health care system. military garrison, and disarmed The PRG eagerly accepted the non-cooperative police. With offer. the help of the population the This flurry of activity on the NJM rounded up members of island alarmed many within a the U.S. government. The new the Mongoose Gang secret police network in the government's decision to join service of former Prime the Socialist International and Minister Eric Gairy and its election to the executive declared a new People's .membership of the.Nonaligned Revolutionary Government Movement further unsettled — — the United States. Grenada's The NJM took control of a domestic laws reflected a country that was virtually philosophy of government in without an infrastructure. direct contradiction to that Roadways were either in proclaimed in Washington. Its severe disrepair or nonexistent. Land Development and Opinion October 5,1982 (PRG). 8 Utilization Law, for example, empowers the government to lease idle lands to farmers or cooperatives with or without the owner's consent. The National Housing Authority Act enables the Authority to repair sub-standard housing or force the owner to do it. Employers must recognize trade unions and are subject to criminal sanctions for refusing to negotiate under the Trade Union Recognition Act. examples These demonstrate the PRG's belief that a central purpose of national government is to provide for people's welfare, a belief actively rejected by the Reagan Administration. That Asbestos ... Administration has chosen to continued from page 1 attack this small island nation on several fronts; media payments because of a dispute manipulation; economic with Manville over the extent destabilization; diplomatic of their coverage. As more is isolation; and military inorigins of learned about the attention timidation. While cancer, it becomes clear that must remain focused on Central America, particularly in thousands of worker deaths light of recent disclosures of are caused by exposure to carWhite House-approved covert cinogenic chemicals in the operations against Nicaragua, workplace. The asbestos litigaReagan's other "interests" tion could be only the tip of the iceberg. Moreover, the imshould not go unnoticed. plications of Manville's Chapter 11 action could someRick Herbert a member of the day extend to workers who toCentral American Task Force, day are being exposed to visited Grenada for several chemicals the dangers of weeks in late December and which have either not been admitted or determined. the first part of January. Farmers Get Around the Law . __. Sharecroppers Lose benefits ... continued from page 7 have to pay either of these. Farmworkers have had to pay for work-related injuries out of their own pockets, and they do not get paid for the time they are out of work. Child Labor: With the farmworker supposedly "selfemployed," farmers have justified child labor by claiming that the children are working for their parents, not for the farmers themselves. Record Keeping: If the head of the family is an employee, the wages of each family member must be recorded separately. However, under the sharecropping system, the wages of the entire family are recorded under one name. Such recordkeeping by the farmer makes it almost impossible to enforce minimum wage laws. Income Tax: When the wages of the farmworker's family are all put under one name, it appears that the farmworker has a higher income. The farmworker may have to pay a higher income tax. . Last May a federal judgeruled in Ohio that farmers cannot use the "sharecropper" status avoid minimum wage and child labor laws. The case arose when the U.S. Department of Labor sued farmers Ernest and Peter Gillmor for violating child labor laws. The Gillmors defended on basis of a 1976 court decision (Sachs v. U.S.) which established that pickle pickers can be sharecroppers for social security tax purposes. They argued that this decision could mean that farmworkers are "independent contractors", exempting growers from the Fair Labor Standards Act. The FSLA protects employees andprovides minimum wage, child labor and recordkeeping laws. State agencies used the Sachs decision to advise farmers how to avoid the FLSA regulations. Judge Nicholas Walinski, who decided the original Sachs case, rulto ea tnat Sachs does not taxe away protection of pickle pickers under minimum wage, recordkeeping and child labor laws. Pickle pickers are called "sharecroppers" because the farmer and the picker each get half of the money paid by the processor for a box of pickles. The price of each box is based on the quality and grade of the pickles. This pay system does not mean the farmer and farmworker are business partners in any way. The price of the pickles is set by the farmer and the processor long before the migrants are even hired. The farmworker has neither control over the crops nor any financial investments. Classifying farmworkers as "independent contractors" is not legal in Ohio and Wisconsin. The practice may soon be illegal in Michigan as well, depending on the outcome of a case in court as this story goes to print. Identical to the Gillmor case in Ohio, it arose when the Department of Labor sued Jerry Brandel Farms. Because of the Sachs case, farmers can legally avoid social security taxes at the farmworkers' expense. Still this practice can be challenged in court; it is being challenged by Otila and Alfonso Salinas in a lawsuit against the IRS. �Amy Tobol Addresses UN Group Ellen by Mary Berger ing instruction received West Germany and the through the International Netherlands, responded. Center for University Human In her statement, Tobol Rights Teaching particularly presented data on the "slaveattracted Tobol, since she has like practice" of purchasing teaching experience in U/B's women for or luring women inWomen's Studies Program and to work as part of package at Tolstoy College. tours available to travellers At Strasbourg Amy became According to Tobol, Asian increasingly aware that women, lured by promises of women's human rights issues money and/or marriage, are When then second-year student Amy Ruth Tobol enrolled last spring in Professor Virginia Leary's seminar. International Protection of Human Rights, she had no idea that she was embarking upon a road of study which would lead to the United Nations in Geneva. From the seminar reading, are not relegated to a most imTobol learned that "lots of portant status by international times women's issues are really organizations who address low on the list of priorities in human rights. "Although human rights law." She 1975-85 has been officially became aware of the lack of delegated as the Decade of attention given to the interna- Women by the UN Commistional trade in forced prostitu- sion on the Status of Women," tion. Amy, therefore, started Amy declares, "there are very writing a paper on sex tourism, few women in the upper forced prostitution, and con- echelons of UN bodies. There cepts of women's human rights must be a concerted push to for her seminar, and when of- involve women in national and international decision-making fered a grant to spent the summer at the International Inbodies." stitute of Human Rights in While at the Institute, Amy Strasbourg, Fr.nce, she had been corresponding with a jumped at the o- >ortunity. University of Minnesota Law un Institute, School professor who enThe located in the \lsace region couraged her to travel to between France and Germany, Geneva and sit in on the Workhosted 262 people from 66 dif- ing Group on Slavery, an ferent countries (including information-gathering body about 20 Americans) during within the UN's Division of the month of July for a four- Human Rights. So, after week curriculum comprised of finishing at Strasbourg's Inlectures, study sessions, and an stitute and then taking a short intensive seminar on the trip to Germany, Amy went to methodology of teaching Geneva, where she stayed with human rights at the university an American alumna of U/B level. Amy found that her Law who presently works on fluency in French was a great the International Commission of Jurists, a non-governmental asset, since only about onehalf of the lectures offered organization. were in English. After sitting in on the WorkThe series of lectures and ing Group and conferring with study groups which comprised her Minnesota Law mentor, the "study session" segment of who made available some the Institute's program afford- research material compiled by ed an "incredible opportunity a Minnnesota student, Amy to hear people from all over prepared and presented to the the world speak from their proUN Group a statement on sex fessional experience and per- tourism and forced prostitusonal observations" in the area tion in the Far East and Europe. of international human rights. The next day two countries In addition, the intensive train- cited in her paper as violators, ' New Waves Ferns, — r purchased and shipped to West Germany, where they are kept in brothels under a system of debt bondage, requiring payment of part of the money they receive for services to the brothel. This practice keeps the women in states of perpetual debt and encourages countries to funnel into sex tourism great sums of money which might be better spent in developing indigenous economies. The day after her presentation, Amy had the "exciting opportunity of meeting formally" with a member of the Permanent Mission of the Netherlands who had heard Amy's paper and wished to res- pond to allegations contained in it. Since August, Amy has contacted all other countries mentioned in her statement either as "source countries" where tours originate from, or as "receiving countries" where women are shipped to who did not participate in the UN Working Group and wish to respond. Amy plans to incorporate all rebuttals into a final report, which will include new — — research on sex tourism and forced prostitution that she has unearthed since summer. She hopes to eventually publish the report in its entirety. A bigger plan, however, is to return to Geneva whether she must "beg, borrow or steal to get there," and to become more involved in the UN's work in international women's human rights issues. Maniacs & The Continental could have just been trying to and The Pointless Brothers. If you haven't seen either of "no head those two bands, they're that there would be bobbing allowed." If you'd like definitely worth the cover to see an original, talented charge if you're into danceable group and you're not easily of- progressive rock or bluegrass fended, go see The Ferns. If the respectively. Bush Tetras were from Buffalo and The Ferns were from New York, The Ferns would have the Answers recording contract. Speaking of local bands, if 1. Al Benton (Babe Ruth, 1934; you like danceable music with Mickey Mantle, 1952) a ska/reggae beat, check out 10,000 Maniacs. They're from 2 New York Rangers Jamestown, but their music sounds more like Jamaica than 3. Los Angeles Lakers, 69 wins, Jam*#town. At Sundance '82 in 1972 front of Norton Hall they actually got ÜB. students to 4. 1963, NY. Giants dance — and that's saying something. They've got a good 5. $5 per week laundry money, 5-song album out, Human Con$50 per exhibition game, flict Number Fiv£, that's and a new pair of shoes. available at local record was a Buffalo band, The Ferns. For my money, The Ferns were much more enjoyable. Their style is more original, their lead singer is more charismatic, and they actually Another record available locally is the BCMK (Buffalo College of Musical Knowledge) Showcase Album. It features songs from a dozen local artists, including exceptionally good tracks by The Elements by Jud Weiksnar Just because a band comes from New York City and receives a lot of hype doesn't mean it's any better than the local bands here in Buffalo. A case in point is the Bush Tetras, who played The Continental September 21st. The Bush Tetras went through the motions of a fast paced yet uninspired 45-minute set (no encore). When I realized that I was standing with my hands in my pockets*while listening to one of New York's biggest funk/dance bands, I figured they must also be one of New York's most overrated bands. The people yawning in the audience would probably agree with me. Some people appeared enthused, but they justify their paying $5 to get in. Opening for the Bush Tetras got people dancing despite a warning from their lead singer stores. East: Baltimore; AL West: Minnesota; N.L. East: those Amazing Mets; N.L. West: Atlanta (Baltimore beat Minnesota 3-0, NY. beat Atlanta 3-0 and the rest is history) 6. AL Amy Ruth Gary Ca/nes Tobol Admissions Releases First Year Composite This year's entering class is ssomewhat smaller than last Well over half of the \year's, with 257 students comstudents in this year's entering fpared to 272 in 1981. The pool class are Western New Yorkers, of applications, while up to and many completed their 11723 this year from 1685 last undergraduate degrees in the year, is down from 1974's high State University system, accor- cof 2711. Median LSAT scores ding to statistics recently are also up. This year's first released by the Registrar's of- year class has a median LSAT of 656, compared to 636 for fice. t 146 of the 257 students in the class entering in 1981. Methis year's entering class hail dian grade point averages have from Western New York, while Iheld steady, remaining at 3.40. 99 come from other parts of Women make up a smaller part the state and 12 from out-of- of the class of 1982 than they state. The regional distribution did in 1981. 92 first year of the first year class is com-! students this year are women, year's enterparable to that of the law while 116 of last female. The school as a whole: 65 per. entiing class were number of minority students irom students come of Western New York, and only also decreased slightly, from 2.6 percent from out-of-state. 26 last year to 23 this year. was a The statistics also show that[Also released a large percentage of first year breakdown ot the number of H students received their and D grades received by the undergraduate degrees fromigraduating class of 1982. The UB or other schools in the:istatistics show that the median SUNY system: of 122 students Iinumber of H grades received from the SUNY system, 41 by members of the class of students are from ÜB, 31 from' 1982 was 7, and the number of Binghamton, and 21 from H grades per student ranged Albany. The rest of the first!;from 0 to 23. On the other year class is drawn from 137.1;hand, the median number of D diverse institutions, including !■ and F grades received per stuthe University of Miami, Notre,dent was 1.4. 103 students Dame, Johns Hopkins, Univer- received no D or F grades at sity of Chicago, and Berkeley all, while 62 received only one. by Wendy Cohen c > <■ > c c '<< » r • I I ——■——i-m Projo — in ii WoRD lupG Processing ■ ii ■ n ■ li ■ II ■ II - Typinc Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. Complete Editing Capability No need for retyping when editing drafts All final Copy Printed on Rag Bond 1b Typestyles & Symbols to Choose From Printed to Look Like Typeset Or Typewritten Experienced in doing legal work Complete Resume Service Kcpetitive Work at Reduced Prices iVrsonalized torm letters, mailing lists Related Services Provided Xeroxing. Printing, Bulk Mailing Pick-Up & Delivery Available All Work Ouaranteed Whether yon type or not, Proto-Type can provide you with highest quality work that computer technology can provide. Call Proto-Type - 883-3348 Ask For Randy October 5, 1982 Opinion 9 �J.D. . SBA Offers Chance to Join Committees continued from page 3 Law Library faculty member. The three faculty members are elected by the faculty at large. Faculty-Student Relations Board (FSRB) The Committee acts on student disciplinary matters, student grievancesagainst faculty members or other students, and faculty grievances against students. It is also charged with establishing the method of student evaluation of teaching. It is composed of three faculty members and three students. The Committee elects its own Chair. Dean Garcia serves as ex officio advisor to the Committee. The workload depends on the number of cases filed, with respect to which the Committee conducts hearings and/or engages in other forms of investigation. Its proceedings respect the confidentiality of the parties. Library Committee This Committee advises the Director of the Law Library on library matters of importance to students and faculty. It meets infrequently and serves mainly as a channel of comunication between the users | of the Library and Ihe Library staff. It is composed of four faculty members, one of whom , the ASSC on students from the Special Program who may be in academic difficulty. In the Committee has a general, i charter to improve the quality of theLaw School's affirmative efforts to expand the number of minority and disadvantaged law graduates. The Committee has four faculty members, one of whom serves as Chair, and three students. Dean Garcia serves ex officio. It meets as problems or issues arise and works intensely in the spring on admissions. — Finance Committee Treasurer is chairperson Prepare a budget for the coming fiscal year (September 1,1983 to August 31,1984) and submit it to the Board no later than twelve class days before the end of the semester, sub- mit supplemental budgets each month, review the use of appropriated funds. Promotion and Tenure The Faculty Promotion and Tenure Committee has only tenured faculty on it, no students. I n order to try and expand the voice of the students in this area, this committee was established. It's main function is to determine what actions are before the Faculty serves as Chair, and four Committee and then recomstudents. Mitchell Lecture Committee This Committee arranges the annual Mitchell Lecture and also dispenses funds for Mitchell Fellows, that is, distinguished visitors who lecture and meet informally with faculty and students. The Committee is composed of three faculty members, one of whom serves as Chair, one Law Library faculty member and three students. It meets when it has proposals to consider or Mitchell Lecture plans to arrange. mend to the SBA any steps which can be taken to inform the Faculty of the students' views on that action. Distinguished Visitor's Forum Disburses the SBA funds for speakers. Part of the funds for this committee are set aside for recognized prgantz'attons to use for tr|etr y individijjil''prc)j, 10 Opinion suance thereof. External Affairs Book Review — October 5, 1982 Shall take appropriate steps to represent the SBA in a continuing relationship with interests outside the Law School, including the New York State legislature, legal groups and associations, the judiciary and whatever other bodies or individuals as may be deemed Vice Presi- appropriate. Athletic and Social Committee Shall perform whatever duties are assigned to it by the Board relative to athletic and social activities within and without the Law School concerning SBA members. Placement This committee acts as the liaison between the SBA and the Placement Office. Making It Through Law School narrow of law school. Chapter One concentrates on "First-Year Trauma", which basically is a general feeling of ego decimation coupled with high anxiety. Magazine, Ltd., Publishers, This occurs when one is con-' New York, 1982) fronted by the Socratic Method, intimidating law proA Critique by Michelle Wong fessors, the case study, and law school "exammanship". Davis To the neophyte, the study tells how to combat and conof law is veiled in a quasi- quer all of the above. Racism in the law school enmystical aura pierceable only vironment is touched upon. by a select few. Incomprehensible legal jargon, procedural Davis states that "racism formality and labyrinthine permeates American society legal reasoning contribute to and its institutions, therefore it the layperson's perception of would be silly to expect not to find any racism or its the law as such. For the first-year law student manifestations in law school." confronted with the for- Mainstreaming into the mamidable task of mastering the joritarian environment is ad"ins and outs" of studying the vocated by the author. This, he law, this can be a harrowing ex- says, helps to prevent isolation perience. For the minority stu- within each ethnic sub-group dent who may come from a and also fosters open lines of "social, economic or cultural communication between disadvantaged background" minority and majority the assimilation process can be students. The frame of reference doubly difficult. To aid in the acclimation process, a U.B. which the author writes from is Law graduate, J.P. Davis, has the ÜB. Law School. His work with peppered authored a handbook entitled: is How to Make it Through Law acknowledgements of help School: a guide for minority and support to several proHow to Make it Through Law School: a guide for minority and disadvantaged law students by J.P. Davis (Conch . |j grams, with the rest of the gathering of students last funds available to bring in two Wednesday, states that the or more speakers for the entire handbook, "written by a student body. minority student who made it is through law school. Rules Committee designed to tell and show Consider all amendments to others." And indeed it does the Consitution and Bylaws of This is a comprehensive comthe SBA and submit its recom- pendium encompassing both mendations on same to the the academic and social Board for action, and review aspects of dealing with and in activities and make recomlaw school environment. mendations to the Board on A reader is provided with a the following duties of the substantive and procedural Board: Supervision and coor- road map, guiding the Special Program Committee This Committee oversees the Special Program including advising the Admissions Committee on individual credentials for admission, arranging the structure of the first-year Legal Methods program, and pro- dination of all activities of duviding counsel/ and wisdom to i ly approved and recognized den,, is Chairperson Organizations, student recognizing such organizations, affiliating with other law-oriented organizations, and summoning a student organization for violation of this Constitution or of any rules promulgated in pur- at ÜB. including Pro- Msn Emeritfjs £aqpjf flyman, who" currently 'oversees the Legal Methods Program. As a component of the Special Admissions Program, U.B.s Legal Methods course is composed of predominantly minority students. When recently questioned about the effectiveness of "How to Succeed in Law School" manuals, which are aimed at minority students who may be disadvantaged academically, culturally or socially upon entering the law school, Professor Hyman uninitiated and the flounder- responded that these books ing through the hidden pitfalls are "generally effective in helping those students the gap, but are not a ticket to an 'H." He stated that "they are generally insightful, but should be chosen with care and discretion based on the differing views and perception each author presents." As a second year law student who has successfully negotiated the travails of the first year, and as a minority student, this reviewer found that the manual is on point in several ways. First, it serves as a tool for law students to use in order to cope with the rigors of academia. How? By drawing on the resources of someone who has "made it" and recycling valuable first hand insights and knowledge. Second, the manual can be viewed from the perspective of a mentor-protege relationship. Presently, ÜB. has only one black law professor. Consequently, many minority students feel that a vacuum exists; there is a dearth of rolemodels. Certainly, inanimate manuals cannot supplant a living teacher-student relationship. if resources are available, they should be utilized as second best avenues to success. Finally, although the author writes with the minority student in mind, this "how-to manual" can be of invaluable help to all students entering law school or presently enrolled. Heavy emphasis is placed on law school exammanship, which, as we all know, is the bottom line for grading purposes. Whether you are a neophyte first-year law student, or a jaded second-year student, a perusal of Davis' "How to.. ." manual may prove to be of invaluable assistance. �BAR/BRI DISCOUNT DEADLINE: October 13th Freeze the price with a $50 deposit (to be applied towards the full cost) JD-LjLJV / JD JVX is the most popular course at every law school in New York State. In fact, twice as many of'Buffalo's graduates took BAR/BRI last year than all the other courses combined JJ/vK. / JoJxl continues to grow because people are very satisfied with their results. BAR / BRI will get you through the bar exam — ask us the reasons why. BAR/BRI representatives: Carol Cuck Jan Davidoff Carmelo Batista Susan Cray-Donadio Ann Demopoulos Leander Hardaway John Curran Chris Renfroe Kirn Crites Judy Holender Molly Zimmermann Rick Roberts Irene Hirata Sherri Samilow Sara Hunt Joe Ruh - Tom Ginter Steve Sheinfeld Mark Reisman Julia Carver Ron Osson Karen Russ Jill Paperno Jon Solomon October 5, 1982 Opinion 11 �Commentary Fans Are The Real Losers In NFL Strike by Glenn Frank When contract negotiations between NFL team owners and the NFLPA broke down last month, the players devised an interesting motto: "The players are the game." The owners, as could be expected, declared that such a notion was ridiculous. They argued, and indeed continue to stand by the position, that without their investment capital there would be no such entity as professional football, and that they in fact are "the game." Both sides, of course, are wrong. It is the fans who are the game; the people who pay ten and twelve dollars to sit in cold stadiums and the people who sit entranced by their television sets each Sunday afternoon and every Monday night. And it is these same fans — these people who are "the means for "selling". Over the course of the next 15 years, commercialism began to invade every aspect of the sport, from college to the pros. Colleges began contending one another not because they were traditional rivals but in hopes of getting on national TV. and earning $100,000 for a game. This atmosphere of big business then, began to invade the attitude of the players. They began to show up at the owners' doors with lawyers and agents and distorted reasons about why they were playing the game. Since the professional game had become a sensation on national television and had begun to compete on the set not just with other sports but with movies, sitcoms, and other prime time fare, it was logical for the players to assess their worth against — who while at once angry over this almost inexplicable interruption in their favorite pasttime, should also now be fearful of the future of the game. The game of football, as any team sport, is held together, on the one hand, by the athletics involved, and on the other hand, and perhaps most importantly, by loyalty. Loyalty, however, as it so clearly was in basketball, is being wrenched from the game. It has been replaced, of course, by money and both the big money players and the owners are equally to blame. game" — — The transformation of the sport into big-time corporate business is easy to follow. When the old AFL became a viable business organization, the corporate business world began to see football not so much as a sport, but as a Law School Team Victorious by Glenn Frank Once again this year the law is being ably represented on the intramural football front by NICE PEOPLE WHO CARE. While the team has underg( ie several personnel changes, the cure of last season's league semi-finalists remains intact. John lacovelli, last year's coach and starting wide receiver, is back and caught three passes in this year's opening 12-6 victory. The hero of the game for NPWC, however, was Joe Ehrlich who stepped in front of a sideline pass in his own end zone and returned the interception 60 school yards for a touchdown. Lou Algios, the 1982 coach, said "he saved us. Our offense was lousy." Other players back from last year's 8-1 team also contributed to the win. Dave Addelman, the team's leading receiver had four c\tches, and Mike McCorry, Danny Welch, Mark Tuffalo, and Matt Skoteck shored up the defense crease our offense before the playoffs start though. We may be trying several different guys there in the next few weeks." McGorry said, "I don't think there is another team from the law school playing this season. We'd better win the league it may be the last anybody ever hears from O'Brian Hall." He concluded by echoing the consensus of the team: "A little support from law students probably wouldn't hurt us some law school enthusiasm would be refreshing." — allowing their opponents within the twenty yard line only twice. The team's next game will be played on Sunday, October Barring a strike, we can look 9th. Algios said, "We've played the toughest team in our divi- forward to NPWC bringing the sion already, so we should win law school home a championour league. We have to in- ship trophy. — not in comparison to past — owners wr re able to pay their players and continue to turn a profit. In fact, the machinery of this new commercialism seemed to work so well that the owners were overcome with an unbecoming attack of greed. Suddenly football, rather than a sport was a convenience; it was an entertainment medium like any other, though peculiarly suited to pushing cars, shaving cream, and beer at outlandishly extravagant prices. And because there was so much money to be made, the OPINION «#- Tke Pieper h[ew York State ~ Multistate Bar Review offers an integrated approach to the h{ew York Bar Exam. We emphasize sophisticated memory techniques, essay writing skills and a concise, organized presentation of the law. You will he prepared and confident. in California (no names, but the company is now on trial in San Francisco for falsely advertising a diet aid) has begun to market a new device designed to automatically slim the waist, increase the bust, and remove celluloid from the thighs, all in just 10 days. The device is made up primarily of several pieces of pliable rubber which are wrapped around the appropriate areas and held in place by small velcro straps. These pieces are, in turn, each attached to another, longer, rubber section which is then attached to one's vacuum cleaner. It is unknown, however, whether this machine is designed to remove flab by having it inhaled into the machine, or Donna Humphrey Wanted: Writers Photographers Artists 1517 Franklin Avenue Mineola, New York, 11501 (516)747-4311 Limited Enrollment. Early Registration Discount to Dec. 1, 1982 SPORTS whether the vibrations of the vacuum cleaner are a supposed substitute for exercise. Sports Quiz 1. Name the only pitcher to pitch to both Babe Ruth and Mickey Mantle. 2. Which professional sports franchise has gone the longest without winning either a division or league championship? 3 Which NBA team holds the league record for most victories in a season.? 4. In what year did the Chicago Bears last win the NFL Championship and who were their opponents? PDEPER NEW YORKMULTTSTATE BAR REVIEW It Speaks For Itself. Representative become public. A" game kept substantially pure to this point in time due to a perhaps false public perception of team loyalty by players and owners alike, can now, as a sport, look forward to the same mistrust from fans that the players and owners have for each other. There is simply no longer any reason for the fans to think that either the players or the owners are doing what they're doing out of love for football. The game has truly become simply a vehicle for ever-expanding markets. No Comment Dept. A sporting goods company RES IPSA LOQUITUR interest in acquiring a piece of football skyrocketed. Due to the increased money making value of a team, the cost of each franchise exploded. Tampa Bay, for example, was charged 18 million dollars to come into the league in 1974, whereas Art Rooney bought the Pittsburgh Steelers for $300,000 two decades earlier. Unfortunately, since the price was so high, only investors with huge capital surpluses could afford a franchise and the result was, of course, that, to the owners, the game, during the sixties, seemed suddenly strange. Team bottom line became more impayrolls which had averaged portant than the product. approximately $400,000 in Until this year, fortunately, 1960, had exploded in the late the disease which has infected '60s and throughout the sevenfootball had remained ties. By 1980 the average team somewhat dormant. Perhaps salary total was nearly 4.5 the athleticism and the spirit million dollars the of the game itself somehow equivalent of running a factory kept the big-money curse far of 320 employees each of from the field at game time. Suddenly, however, the greed whom make $300 per week. new which has been eating away at Still, because commerce which had come to the underpinnings of the game professional football, the for the past 15 years has now athletic salaries, but with salaries paid to other entertainers. Very quickly the commercial norms had reached the players themselves and the norms were always for bigger and bigger money. The result, of course, was that the players were no longer completely interested in the teams they were playing for, or in their fans. Rather, they were consumed by the money they could make. For the owners as well the at Contact Opinion room 724 O'Brian 5 When the first NFL players union was formed, what were its original original demands? 6. Which were the first four teams to win baseball division titles after the National and American Leagues each split into two divisions? answers on page 9 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-10-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/5/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/be1ac4f97a6fc3029bd9e4fc5a08b613.pdf 4995c5ac91a4e9a9a86e9ca5bbad684f PDF Text Text "Critical Legal Studie"Scholar Joins UB Law by Lisa Kandel In addition to the approximately 270 new faces of the first-year law class, UB has acquired several new faculty members. Assistant Professor Guyora Binder is a newcomer who is teaching criminal law this semester to Section 3. Binder's academic creden- tials are especially impressive, considering his age; he is only twenty five. After graduating from Princeton University in 1977 with a degree in philosophy, Binder went on to Yale Law School. After receiving his J D., he deserted the Ivy League to spend a year studying comparative jurisprudence as a UCLA post-doctoral fellow. Binder spent last year as a clerk to District Court Judge Jack Weinstein. Binder, having gotten accustomed to being the youngest in his class, is not particularly fazed about the fact nor is he surprised that many of his students are older than he is. In fact, one might easily mistake Binder for a student himself, especially when he is seen sitting at the rim of the library's third floor circle or attending a recent law school party on Capen Blvd. During a recent contorts class, Schlegel said that Binder was "the youngest faculty member in anyone's recent most people call me." The son of a University of Chicago political science professor, Cuyora admits that he had always wanted to teach. For him, the real issue concerned the choice ot subject matter. memory." Unlike most other faculty offices which are overflowing with thick volumes, Binder's is decorated with half-empty bookshelves. In fact, he admit- Professor Guyora Binder ted that until very recently they were completely vacant, but that at the suggestion of seems determined to be difone of his colleagues, he ferent. His teaching approach brought in some boks. He is definitely not stereotypically wants to fulfill the professorial characteristic of a law proimage. fessor. During the first criminal Although his office may law class, for example, he aneventually come to resemble nounced that he would not be other faculty offices, Hinder using a seating chart or its In explaining his ultimate decision, Binder said that the alternative to law, namely purely objective and empirical scholarship, always has to be justified in normative terms. Because he's primarily interested in studying the justification for and the political and moral evaluation of derisions, he found that law, as an "inherently normative field," was the most apmuch dreaded companion, the pealing discipline for him Socratic method In explaining it's According to Binder. his decision. Binder described not uniformly acknowledged this infamous approach as that this [liiwj is a p;>htn ,il "needless coercion" In addi- discipline, but everything we tion. Binder stated that he do in the legal profession has prefers to be called by his hrst either implicit or explicit name because "that s what continued on page 5 Opinion Non-Profit Organization US Postage PAID Buffalo. New York Permit No 708 Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken fe*l Volume 22 Number 2 State University of New York at Buffalo School of Law Tuesday, September 21, 1982 FSRB Imposes Punishment for Collaboration Editor's Note: The Faculty- Student Relations Board (FSRB) has asked Opinion to publish the following report in its entirety. The names have been deleted by FSRB to protect the parties involved. This decision illustrates the procedures employed by FSRB when it responds to allegations of student misconduct. We thank FSRB for making the results of the hearing process available, for a body empowered to render decisions and to recommend sanctions which could possibly forestall students' future admission to the bar must be subject to some degree of public scrutiny. dent B assert, as a preliminary matthat the Law School failed to properly comply with two of its ter, own regulations relating to notification of students concerning collaboration limitations on take-home examinatins. As a result, it is argued, even if the Board concludes that clear and convincing evidence of collaboration exists, no sanction may be imposed. 2. Counsel's argument is first based on an undated memorandum to Faculty, Staff and Students from V. Leary and C. Wallin concerning Examination Procedures and Policies. In pertinent part, the memorandum provides: Faculty who give take-home final examinations should provide complete instructions in writing to the Registrar detailing the rules prescribed for the examination, To: Dean Thomas E. Headrick e.g., datefs] for therelease of the examinations, specifications, if any, from: The Faculty Student Rela- regarding collaboration on extions Board: Janet Lindgren, aminations, etc. Chairperson, Nils Olsen, Andrew Spanogle, John Mains, lulie While the Leary-Wallin memorandum is not dated, and no evidence Rosenblum and John Stegmayer. given concerning its date of was 1981 On November 13, applicability, the Board assumes Professor forwarded to the of this proceeding Faculty Student Relations Board for purposes that it was in force at the time of suspect(ed) he to be what Professor contracts examinaunauthorized collaboration on the tion. 1981 final Fall 3. The written instructions subOn November examination. by Professor mitted to the 23,1981, in response to the Board's Registrar provided: request, Professor detailed some of the key similarities "that This is an 8 hour take-home exanimated my fears that cheating amination. The examination conoccurred." Both students, through of 2 questions on 10 pages. their lawyers, waived hearing sists You must answer both questions. within the thirty days required by You may use anything you wish in FSRB "Procedures for Resolving preparation of your answers. Each Academic Dishonesty Matters." question will determine 50 percent The hearing was held on Friday, of your final grade. February 5,1982 and continued on If you handwrite your exam, please Monday, February 8, 1982. write your answers on every other Law School Procedures line of the bluebooks. Typed answers should be double spaced. 1. Counsel for student A and stu- The examination must be returned to the Admissions and Records Office no later than 5:00 p m. on Wednesday. 4. Counsel submits that, since tions. This memorandum informed students of the Law School's tion of the Opinion detailing the examination procedures policy on academic honesty and described above and a statement examinations. The memorandum ot the Law Schools Standards tor emphasizd three things: Academic Dishonesty Cases The standards provided in pertinent Examinations will no longer part that "(t)he instructor has the be proctored;' obligation to make clear to All students must execute an students the rules and conditions acknowledgement regarding the under which course work will be evaluated, preferably in writing." policy on academic honesty; Only the individual student's The examples of plagiarism in the own work may be used on either Standards included "unauthorized regular written examinations or collaboration with another student take-home examinations unless in preparing an examination the instructor expressly states answer new the written examination instructions provided to the Registrar by Professor did not specify that collaboration was forbidden, student A and student B my not be disciplined, even if collaboration is found to have occurred. 5. The Board finds no merit to this argument: (a) The purpose of the regulation in question is to insure that inforotherwise. 7 It is uncontested that this mation from a faculty member giving a take-home examination is It also contained an article memorandum was not distributed continued on page 13 provided to the Registrar's Office published in the April 24, 1980cdiso that personnel in that office will be able to properly administer the examination and to answer questions concerning the examination. (b) The memorandum's requirement that the Registrar be providby Mary Ellen Berger ed written instructions which detail "specifications, if any. regaracademic year. Chambers acding collaboration on examinaStudent activism is alive and cepted, but on the condition tions" (emphasis added) only rewell on the campus of Harvard that Jack Creenberg be quire that explicit instructions to Law School, where two student brought in to assist him. be given if some form of colgroups, the Black Law Creenberg, described by laboration was to be allowed. If, as Students Association (BLSA) some press as perhaps "the 's case, the inin Professor and the Third World Coalition, most experienced civil rights on collaborastructions are silent are engaged in a highly lawyer now practicing in the tion, no collaboration is permitted. This interpretation is in accord publicized boycott of a course U.5.," has been a member of on race discrimination and the NAACP Legal Defense with the understandings of normative conduct not only of the civil rights law which is slated Fund for the past 33 years, 22 law school community in general, to be taught by a white pro- of which he served as LDF's but also of student A and student fessor this winter. director-counsel. He was one B in particular. (See Paragraphs The controversy erupted of the team of attorneys which 9(a) (2), (3) post). earlier this summer when the successfully argued Brown v. (c) Accordingly, Professor black professor who taught Board of Education before the 's written instructions were Harvard Law's only course em- U.S. Supreme Court in 1954. refully consistent with the quirements of the Leary-Wallin phasizing racial/minority Yet the political atmosphere issues left the faculty. Accor- surrounding the administration memorandum. 6. Counsel's argument is next ding to Dean James Vorenberg, of the NAACP LDF has changbased on a memorandum dated the school approached Julius ed considerably during the December 4, 1981 from Virginia Chambers, a black attorney past 28 years, and Creenberg who is president of the NAACP has become a focus of a curLeary, Associate Dean, to all students, concerning Policy on Legal Defense Fund, to teach rent suit initiated by the Academic Honesty and Examinathe course during the 1982-83 NAACP to have its initials — — — Harvard LawCoalition Boycotting Course continued on page 5 �Vol. 22, No. 2 Tuesday, September 21,1982 Editor-in-Chief Earl R. Pfeffer Managing Editor Barbra Kavanaugh News Editor: Ray St dwell Feature Editor: Mary Ellen Berger Photo Editors: Gary Games, Business Manager: Frank Bolz Glenn Frank Contributors: Wendy Anne Cohen, Al Foster, Lisa Kandel, Clare A Piro, Joe Ruh, John Stegmayer, Jud Weiksnar Sports: © Copyright 1982, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design. University Press at Buffalo Today marks the completion of the annual two-day elecU/B Law School. A popularly held view of these elections, judging from the past lack of student participation in them, is that they are meaningless and that the most significant impact of the contests will be their effect upon the resumes of the victorious candidates. People who share this view will express themselves by not voting. An insightful mind will recognize that elections are never inherently meaningless, but are rendered so by apathy and little, if any, involvement on the part of the potential electors. Moreover, even if an election itself is "meaningless," insofar as it might fail to represent a mandate, its results most certainly never are. Approximately $35,000 in student activity fees are generated each year at our Law School. The people you elect carry a heavy load of responsibility and wield a highly visible degree of power in the disposition of those funds. "Meaningless" elections thus somehow yield highly meaningful results. Therefore, a law student's failure to vote is an irresponsible act. And voting without regard to the principles and program ideas of the specific candidates is equally irresponsible. Several of the candidates have made their views known to you through statements in this issue of the Opinion. Others have hopefully made their positions known through other channels. We offer space in the newspaper to every candidate because we believe that there should be some matters of substance at issue in this and any other election—and we wanted the student body to think about them. While we choose not to endorse any candidates, we remain skeptical about individuals who have made no effort to convey more than personality and style in their candidacy. Pastel posters are a welcome addition to O'Brian's often dreary halls, but from adults who are vying for positions which demand informed planning and decisionmaking, we expect intelligent and honest expositions of the philosophies and goals which will inform their actions should they be elected. The candidates, almost without exception, have committed themselves to planning "socials" and "mixers." Although there is definitely an important place on the law school calendar for such events, what suprises us is the overall lack of creative and timely proposals for activities which will enhance our professional development, our intellectual growth, and our community spirit. On this final day of elections, we urge you to vote, but more than that, we ask you to examine the candidates closely by reading their statements and, if possible, by questioning them directly on matters which concern you. But don't stop at that. After these elections, the new executive board will be assembling the committees which form the lifeblood of our community. Sign up for these committees and thereby lend your talents and energies to meaningful actitity. When we are practicing attorneys, by virtue of our special training and society's respect for our knowledge we will be thrust into positions of power and influence. As students we must develop senses of responsibility and cultivate the special concerns which our future profession will demand of us. mt tions at . 2 Opinion September 21,1982 . Wosi a C&st °f ||f 5/W/ cttit-k by Hundreds! tuffm Model tk. Commencement Plans Underway Opinion asked both Dean Headrick and the Commencement Committee to advise the student body on the present of graduation plans. status Letter to the Student Body: Law School ID cards will be printed in approximately two weeks. Aside from discounts at area restaurants and bars, the cards will entitle holders to weeks for anyone interested in helping with the activities. Anyone who hasn't already expressed an interest in the survey conducted last Spring, please leave a note in Mailbox 678. Signs will also be posted with a time and place. two to me until coming here that it would take place off-campus. After all, commencement is a celebration of university ac- complishment. It is understandable that while the new campus was under construction that temporary arrangements might be Commencement Committee necessary, but it hardly seems right or sensible that the solution to a temporary problem To the Editor: permanent should become a one. Over the past few years, the We have on this campus purchase discount movie Law School has held its comtickets for shows at all General mencement at Art Park, some convenient spots for holding an out of doors comCinema theaters and to receive Kleinhans and the Statler. The discounts on admission price Statler is clearly too small to mencement; Founders Plaza, just behind O'Brian Hall, is a for the commencement acbe comfortable. Art Park procandidate; and we now tivities. prime vides a nice ambience, but it is All law students are ennot always available when we have the Alumni Arena couraged to buy the cards. The as an alternative site need it. Kleinhans is comfor- availableevent cards help to pay for the parin the of inhospitable table, but dreary. ties throughout the year, and only fitting, weather. It is Before coming to Buffalo I to raise money for the graduahad studied or worked at five therefore, that in 1983 we tion weekend activities. bring the CommenceAt each of these should The cards will be on sale in universities. institutions, commencement ment back home. front of the library. Volunteers are needed to man the table. If was held on campus, usually Thomas E. Headrick out of doors. It never occurred you have any time to spare, please contact Dan Spirrazza, mailbox number 556. The first party of the year—the "Two Million Days" party—will be held on Oc- Correspondence tober 14,1982, at Bullfeathers Lodge. The regular admission To the Editor: price is not yet set, but holders of ID cards will be given a I'm writing you this brief let$2.00 discount on the admister in hope of some help of sion price. your assistance. As you can tell Plans are in the making for from the above address I am another "So Many Days" party incarcerated. to be held sometime in late I have been incarcerated for February or early March. six (6) years this coming Contrary to what was an- September 3rd. Since being innounced last Spring, the date carcerated, I have lost all famiof graduation will not be May ly ties. This is the reason I'm 29,1983. Since the date changwriting to you in hope that you ed, we weren't able to reserve would be so kind as to place Kleinhans for the actual date. my name, no. and address in We now have options on Art- your weekly newspaper so that park (the second choice from perhaps I could start trying to the vote) for both Saturday develop some true and night,. May 21, and Sunday all, sincere, friendshipsabove with May 22, 1983. some of your students. To There will be a general com- mencement committee meeting held in approximately maintain my complete sanity as well as better myself and once again, become aware as Wanted what's going on in the outside world! As I have said, I have lost all family ties so I welcome all who would like to write. So please print my name in your weekly paper. It would be highly appreciated! Thank you for acknowledgement of this brief letter. to Sylvester Barceem Dukes No. 77-A-2222 Box 149 Attica, New York 14011 EDITOR'S NOTE: Opinion welcomes letters on any subject, expressing any viewpoint. All letters will be printed in their entirety. Please submit them in the envelope outside Room 724. �COMMENTARY Legal Profession Full Of Corruption And Deceit Richard Harris has written extensively on law and lawyers in America, most recently in the latest issue of The Nation. His just-published suspense novel, "Honor Bound," is about a lawyer who is driven by the law to seek vengeance outside it. The above article originally ap- peared in Newsday. by Richard Harris At the recent mid-year convention of the American Bar Association, held in San Francisco, 12,000 lawyers (imagine, 12,000 of them in one place!) wrangled for days over a proposed revision of the ABA's so- called "code of ethics." Many laymen may be surprised that lawyers have a code of ethics, but they do—one designed for 19th Century law practice, when most lawyers worked on their own or in small firms, when legal fees were modest and when honesty was more in fashion. "There are too many lawyers generally and too little business, " one of them said at the convention, "and that is part of the problem that generates litigation and clogs the courts." Indeed it is. Twenty years ago there were about 200,000 lawyers in this country. Today there are more than 500,000. The increase can be laid directly to the proportionately far greater income in legal fees over the same period. It should be a buyers' market, but it isn't, because lawyers create legal conflict —and business—where none need exist, while other lawyers, as legislators, write bewildering and unnecessary laws and regulations that require still more lawyers. Although many idealistic young people enter law schools' every year, few idealistic young people emerge from them, and still fewer retain their ideals after a year or two of practicing law. The field is overcrowded, everyone is hustling, the system hasn't much room for dreamers and big money lures the greedy and the larcenous in heart. Still another part of the problem is that most lawyers are because the lawyer told ethics not only permits a him or her to (legally known as lawyer to sit by while a client suborning perjury). According commits perjury but obliges to the best estimates I've been the lawyer to help if the client able to come up with after so wishes. This view, the ABA many talks with lawyers who angrily retorted, was "universpend most of their time in sally repudiated by ethical courtrooms, at least half of all lawyers." Then a survey of lawyers and all clients lie lawyers in the District of Col"materially" in sworn court umbia revealed that 90 per papers or under oath on the cent of them would treat stand. clients who lie on the stand as Rarely —very rarely —is if they were telling the truth. anything done about it, even That puts the number of thought perjury and suborna- ethical lawyers, by ABA stantion of perjury are pretty dards, at 10 per cent of the proserious crimes: In New York fession—a notch or two above State, perjury is punishable by admen and politicians. simply incompetent—as many as eight or nine out of every 10 in practice. They are what up to seven years in prison; former Chief Judge David subornation of perjury is Bazelon of the U.S. Court of punishable by up to four years Appeals for the Washington, in prison, plus disbarment. Of DC., circuit, the second course, the only way to stop all highest court in the land, has this lying is by enforcing the called "walking violations of laws. But that would mean the Sixth Amendment" right to lawyers would have to procounsel. Since they cannot secute lawyers and a lot of achieve their ends by skill and lawyers would go to the slambrains, they use chicanery and mer. That wouldn't look good at all—even if it would save deceit. Today, more and more our legal system. lawyers rely on delaying tacThen there are lawyers who tics, obfuscation, irrelevancy know their clients are lying but and nuisance suits (or legal do nothing to stop them. At the blackmail) to intimidate and latest ABA convention, one destroy their opponents. These lawyer who was appalled by tactics have become so these practices and by the prevalent that recently a few association's failure to prohibit lawyers have brought suits them, picketed the procharging abuse of the judicial ceedings. "The lawyer who process against lawyers who knowingly represents a lying play with the law this way. But client," he said, "is a thief trysuch cases are difficult to pro- ing to share the proceeds." Exve and recoveries are rare and cept for the victims of lawyers' modest. So the abuses flourish. abuse, it is the lawyers of real Above all, though, many in- integrity, like this man, who competent and unscrupulous suffer most from their collawyers (usually the same peo- leagues' viciousness, for their ple) base most of their practice names are sullied simply by on lying. The lawyer lies (that their being lawyers. is, commits perjury), and the A few years ago the dean of client lies (commits perjury, Hofstra Law School publicly charged that the ABA's code of Financial Aid Update SUSTA Renewed & Upped of income to be eligi- the Spring semester SUSTA ble for an award is $5666, with award is set at $600. As in the past, no applicaDespite the gloomy predic- the full $300 award going to tions of the past Spring students with incomes below tion for SUSTA is necessary. semester, the financial aid pic- $1000. TAP applications are SUSTA is automatically awardture remains surprisingly available in my office and may ed by the Office of Student Acstable, and in some ways has be submitted up until March counts (not Albany) to students who received the full $300 per actually improved over last 31, 1983 for this school year. semester TAP award. Also, year. In the interest of keeping SUSTA and TAP do not come you updated on the financial SUSTA Award Is Increased The single brightest spot in to the student in the form of aid scene, I've prepared the following summary of the ma- the financial aid picture is the checks', but rather are bills jor programs and significant temporary increase in the per reflected in their tuition reduction tuifrom a the total in semester SUSTA award as have occurred which changes To ensure that charges. a tion $600 $900. to As result of the over the last few months. recent compromise between you receive SUSTA, you must SUNY and the Governor's Divi- first have a valid TAP award Tap Remains Constant Assistance Prosion of the Budget, the SUSTA for $300 per semester, and you Tuition The gram (TAP) for law students re- funds for this year have been must ensure that the Office of mains unchanged from last released. And to everyone's Student Accounts has the botyear. Students who are depen- surprise, the amount of SUSTA tom section of your award dent on their parents, or who allocated to the Law School notice on file. You will see the and SUSTA are married or have a tax has been increased from effect of TAP Guaranteed Stuyour $300,000. to over either on $240,000 may themselves dependent statement, or receive a TAP award if the Because of the increase, the dent Loan refund combined family income for Office of Student Accounts on your first Tuition Bill, 1981 was $20,000 or less. As and the Law School have sometime in October. The net effect of the SUSTA before, the minimum award is decided that an award of $900 who can be made to all eligible increase is that a person $300 $50 per semester, and the maxa award of Fall '82 receives TAP for the per students $300 imum award is fact semester. The maximum award semester. Subject to fund per semester ofwill in $1262 $1200 receive his/her Spring the availability, is for students in the above as a grant. Not a bad categories whose combined semester award may also be in- tuition on return the couple hundred along a creased, or but decision family income is $2000 less. wrote last semester. For single, independent those lines will not be made letters you Tentatively, until December. students, the maximum by Joe Ruh amount fidential relationship between lawyers and clients. Compared to that, it seems, the sanctity of human life is disposable. At the most recent ABA convention—after God knows how many such murders in which the lawyers were accessories too), Another resolution fared make personal legal fees, like business legal fees, tax deductible. The delegates approved the resolu- better, a proposal to that tion overwhelmingly. The general lack of concern among lawyers about profesed a "system" at all; it is little sional ethics is scarcely surprismore than anarchic flummery. ing when one stops to consider Still, the ABA and its that the basic premise on associated bar associations by which the practice of law rests the score around the country is itself unethical. When fledglrefuse to defuse the bomb. It's ing lawyers take their oaths on bound to go off because admission to the bar, they lawyers are, far and away, ac- swear to represent every cording to all polls, the most client's interests to the best of despised professional class in their ability. With this vow, America. Jethro K. Lieberman, they fling all other ethics out in his book "Crisis at the Bar," the window, along with most gives the reason: "The public of what they were taught from contempt for lawyers stems childhood about decency and from their adherence to an fairness and justice. Now they unethical code of ethics." must fight to win, right or At the ABA convention two wrong and whatever the costs years ago, a proposal was put to the innocent or to society. forward to require lawyers to With this vow, they can repreinform law-enforcement sent a rapist or a murderer, a authorities if they knew that a vicious landlord or a rapacious client planned to commit a corporation, a malevolent murder. "A storm of protest" spouse or repressive governensued, reported The New ment—they can fight for York Times, and the resolution wrong from dawn to dusk was howled down—on the ab- every day—and they can still surd pretext that it would sleep at night. After all, they violate the sanctity of the con- are only doing their duty. No legal before the fact—the whistle- blowing proposal on prospective murderers was introduced again. It was defeated resoundingly. system tolerates or condones or encourages this lying can be call- ' Emergency Vouchers For Books Cancelled by Clare A. Piro Do you think you have to quit law school because your student loan check has not come in yet? Happily, the answer is "no". Is there any legal way you can get money to buy your books? Happily, the answer is "yes". Before you do anything drastic, you should go see Joe Ruh. He is able to fill in the book gap through a modification of the emergency loan program, enabling you to receive up to $100 to purchase bo6ks. Law students had formerly been able to get books through the bookstore by a voucher system. For the past two years, there was an agreement between Dean Headrick and the bookstore by which law students who had not received their Guaranteed Student Loan checks could receive up to $200 in book vouchers, provided they agreed to repay the bookstore immediately upon receiving their checks. All of the vouchers were guaranteed by the dean. This program was especially helpful to "late admits" who could not possibly have had their loans processed by September. Unfortunately, last year there were forty to fifty students who had not paid by the end of the school year, which was due in a large part to their counting on their National Direct Student Loan Checks (some of which did not come in last year until June and July). They were unable to pay the bookstore immediately when their GSL checks came in as they had promised, because by then they had built up other debts (among them rent and food). As it stands now, all but eleven students have paid their vouchers, but there is $1,500 owing to the bookstore (The bookstore has not yet asked the dean for the money.) According to Ruh, the dean was incensed when he discovered the $1,500 debt after the summer recess and was especially upset that students had violated the honor system. He has decided to wait and see what happens with the remaining eleven student credits (Joe Ruh believes that all but two will pay by October 1) before he makes any decision about final reinstituting the voucher system. Short of bringing an action against them, there is no way the school can coerce the students to pay. Because the continued on page 14 continued on page 12 September 21,1962 Opinion 3 �Student Hit The Road J.D. Summer Ellen by Mary Berger Work In Distant Lands Some law students spent the summer after their first year with their noses buried in digests and citators or summer school text books. Others needed three months to simply recover from the prior year's ordeal. A few veterans, however, caught their breaths and decided to venture abroad in search of new realms of ex- perience. On May 23, barely one week after his last final exam, Rob Turkewitz joined two U/B graduate geology students on a cross-country trip; final destination: the Brooks Mountain Range in Alaska. Their trek by van took them across the Midwest, through Gary In- diana, "the armpit of America," according to Rob, into U.S. state and Canadian provincial parks, and finally to Fairbanks, Alaska. Turkewitz embarked on this without a definite job offer in his pocket. Earlier during the spring semester he had written to 30 Alaskan firms listed in Martindale & Hubbell, but received only non-committal responses. Nevertheless, he arrived in Fairbanks determined to pursue his interest in environmental and energy law, despite the fact that en route he learned of a delay in construction of the Alaskan gas pipe line, an economic development which was sure to adversely affect the legal job market in the unique adventure Students Settle Into Their Homes by Wendy Anne Cohen Starting law school is a nerve-racking experience in itself, but for many first year students difficulties in understanding torts, property, and Schlegel were compounded by the challenge of finding housing in a tight market. The biggest problem first year students had in finding a place to live, according to Housing Committee Chairperson Kevin Trippi, was that they couldn't afford to come down during the spring semester to look around. Another problem was the limited hours the offcampus housing office was open this summer. "We sent a memo out in the summer, giving students the hours that the Off-campus Housing Office was supposed to be open, but the university kept playing games with the office hours," Kevin said, which left first year students who were strangers in the area without "any idea of what was going on." In addition, housing files in the Offcampus Office were not updated because "most people orientation was that "a lot ot people signed up for the dorms, but went off-campus when they found they were assigned freshman roommates." First year student's complaints seem to focus most state. around the effectiveness of After setting up interviews Off-campus Housing Office. at four Fairbanks law firms "Off-campus Housing was where he left his resume for useless, I had to go to a real further consideration, Rob inestate agent and pay a fee," quired at the State Coursaid one first year student who thouse, where he was informed preferred not to give her name. by the District Attorney's ofShe added, "It's not the fice that jobs were only office's fault they are available for third-year understaffed, but it is poorly students who could be cerrun. At SUNY Binghamton tified to make courtroom apthey're much more helpful." pearances. He then approachFirst year student Lisa ed the presiding judge of the Buongione added, "I just don't Superior Court, the state's think the housing office highest trial court and aphelped. They just told me pellate court, where he was good told the same thing. Un'there's nothing here luck.' I found a place, but no daunted, Rob decided to apthanks to them." proach law firms directly and Freshman law student Glenn trust to luck. Rodney also suggested that the "It's simply a matter of behousing office be open more ing in the right place at the — hours, particularly on weekends. He added that "oncampus housing should be more available, and graduate students shouldn't be put in room as the same undergraduate freshmen." He summed up "to be involved in looking for housing during orientation and the start of classes is a real bad experience." Another student suggested that the Off-campus Housing Office compile a list of bad landlords. "I have a wonderful house, but the worst landlord in Buffalo," said Sharon Kivowitz, who came up in July to find a place near the Main Street campus. Several students pointed out that first year students Who" had signed up to live in the university residence halls were didn't have the courtesy" to remove their homes and apartments from the lists after they had found a housemate or a roommate. On a more positive note, Kevin also said that the survey his committee sent to upperclass students, asking them if they needed roommates and would be willing to share housing with first year students was successful, and turned up a good portfolio of available housing. He added that the stream of letters he found in his mailbox before and during orientation had trickeled down to one or two once classes started. And he pointed out that one reason people were being assigned undergraduate still looking for housing during continued on page 5 4 Opinion September 21,1982 right time," declares Turkewitz. When he walked into the firm of Cowper and Madson, they reviewed his writing sample, resume, and a brochure on U/B Law School which had been provided to Rob by Alan Carrel, and hired Rob on the spot. Because Cowper and Madson is a small firm two partners and one associate and because both partners were — — often out of town on business Cowper is Democratic candidate for Governor of Alaska Rob was afforded the opportunity to hande much of the firm's work in criminal law. He was responsible for inter&ewipt.,clients, writing briefs ana motions, and teaching himself enough Alaskan law to fill in any gaps between firstyear curriculum and what was necessary to successfully func- — — and barristers attend law tion as a summer associate. school, which is on a level in traveltime, Rob his spare In system ed to choice fishing spots, flew the English educational to undergraduatin comparable to Arctic the plane cargo by Circle where he visited an In- t U.S., a test administered upon dian village, and did "free- graduation from law school lance" work for two other determines whether an incriminal attorneys in Fair- dividual will continue legal banks. He found Alaskans to studies and be certifie deiher a be the "most freedom loving solicitor or a barrister. All barristers in Great Britain people in the world" and relished the "ease of living" employ law clerks who funcwhich Alaska offers. Rob also tion as administrative discovered that he was assistants: they screen the barenergized by the 24 hours-per- rister's cases, acknowledge day of bright sunlight which receipt of all relevant documents from the solicitor, Alaska enjoys during its summer season. The prospect of and even negotiate the barBuffalo's weather did not deter rister's fee. While not a lawyer, him from returning state-side, a clerk receives as compensaalthough he still dreams of tion a percentage of the barrister's fee. returning to Alaska someday. O'Garra's responsibilities at Second-year student Kathy O'Garra hopes to practice law Alexander Johnson were in the in Antigua, West Indies, in the areas of matrimonial, personal future. Because this island in injury, and property law. After the eastern Caribbean was one assisting the solicitor, she a British colony, its legal would accompany clients to system is still based on Great court, attend pre-trial conBritain's. For these reasons, ferences with the client and the barrister, and observe the Kathy decided during last spring semester that a clinical inbarrister arguing before the ternship in England would probench, then report back to the ve invaluable to her career. solicitor on all aspects of the On June 12, Kathy flew to case. At one point during the London under the auspices of six-week stay, Kathy was inSyracuse University's summer vited by a barrister to intern at abroad program to join 38 chambers for a few days, other students (including Jack where she sat in on several inLane and Andy Hilton of U/B teresting cases. Law) chosen to participate in On weekends and during her clinical programs. Before spare time, Kathy took excurdeparting, Kathy had been in- sions to Oxford and Camterviewed by Syracuse and bridge, visited Stratford-onplaced with the firm of Alex- Avon, toured Windsor Castle, ander Johnson, a three-office and attended the theatre. London firm, which is compris- Throughout her stay in London ed of 3 solicitors. she resided near Hyde Park in According to O'Garra, her South Kensington, a drastic first task on the job was to contrast to London's East End understand the structure of where her firm was located. British legal practice. A client Before flying, back to the U.S., wishing to bring suit in a British she jaunted to Paris for a few court must first approach a days as well. solicitor, who conducts all pre"It was an unforgettable trial discovery and filing of cultural and intellectual ex motions. Once a trial date is perince that I recommend to set, the solicitor must contact alt U/B students," exclaims a barrister to try the case in Kathy. court. Although both solicitors New Waves Buffalo Band And Schuper House Fold by Jud Weiksnar Remember last year when you used to check out the Courier Express Weekend section to see if Pauline and the Perils were playing at the Schuper House? Well, you'd better start looking elsewhere for entertainment. While the fate of the Courier is still in doubt, it appears that in the space of two months, Buffalo has lost at least two of her most venerable institutions—Pauline and the Perils and the Schuper House. The Schuper House, a century-old former speakeasy on Niagara Street, went under in mid-August due to financial difficulties. Though not as swank as the Marriott or as trendy as the Continental, the Schuper House was a popular hangout for many law students. It was a laid back, neighborhood bar could hear everything in the way of entertainment from poetry readings and chamber music to bluegrass and New Wave. One of the regular acts at Schuper House was the dancerock band, Pauline and the Perils. A favorite of many law students, the group spHt up after a farewell concert Jury 29th,, The Perils continue to play around town with a new drummer and sans Pauline, who will probably surface soon with a new band. As she put it, "I know what I want, but I don't know where to find it." unassuming, where one �Law Students Get Settled In New Homes continued from page 4 roommates, particularly freshmen. "I wouldn't go near the dorms," said Mark Katz, who noted that two law students in his section had both been assigned roommates and given a hard time when they asked to move in with hours." He said that even if freshmen were assigned to study halls because they were the only housing available, rather than from choice, they would still have to comply with the quiet hour regulations. He continued that while there are inevitably some problems involved when undergraduates and graduate students are assigned to the same halls, "it depends on the maturity level of the students. Neither graduate nor undergraduate students have a rnpnopolv! on, maturity.',',,He added that there are problems with noise even on floors com- each other. Jeff Kadushin added that "I was originally going to live on campus, until I found out I had been assigned to a four person room with three freshmen roommates. For a university this large, graduate housing is, bad" Associate Housing Director Gary Soehner explained that while the university does not have buildings set aside solely for graduate students, certain residence halls are termed study halls, and all students in them must subscribe to "quiet students. Mr. Soehner concluded, "some question has been raised whether we should be housing graduate students at all, with freshmen demand so continued from page 1 on a paper that deals with con- political premises." In describing his own political orientation, Binder placed himself "roughly on the left." He declined to be more specific because he said that all of his work represents his political values. Although Guyora admits that his one published article has been-in the criminal law field, he is also interested in comparative and consitutional law. He's especially interested in the European philosophical tradition which has entered the curriculum of American law schools in the form of critical legal studies. According to Binder, this movement "examines existing bodies of legal theory in search of doctrinal contradictions which serve as a general critique of the legitimacy of the legal system/ Because ÜB. is known as "one of the proverbial hotbeds of critical legal thinking," Binder was anxious to teach here. Guyora is currently working posed entirely of graduate stitutional law and public policy. The "noteworthy feature" of this paper, according to Binder, is that it proposes as educational voucher system in which the value of the vouchers varies with the race and socioeconomic background of the students participating. This system represents a form of affirmative action which would result in greater cash disbursements to those schools having a higher percentage of minority students. The paper evaluates this proposal in terms of the constitutional issues which are raised. ■< Guyora has found life tn Buffalo very different from what he's used to. For one thing, he never had a driver's license before this summer. Now, he finds he needs to drive virtual- ly everywhere. He hopes to find a jazz club in the area, but right now he spends his free time "driving from Dairy Queens to bowling alleys to K-Mart." Course Boycott continued from page 1 At Harvard, Muhammed Kenyatta, a 37-year old second-year law student and president of the school's chapter of BLSA, called for organized resistance to Greenberg's appointment to teach the anti-discrimination law course. BLSA issued a statement which called the choice of Creenberg "especially inappropriate" in light of his "adamant refusal to relinquish directorship of the NAACP Legal Defense Fund to a black attorney." The Third World Coalition released a declaration that "it is extremely important that (the course) be taught by an instructor who can identify and empathize with the social, cultural, economic and political experiences of the Third World community." These organizations' challenges extend beyond criticism of the law school's failure to have more than two blades' on its full-time faculty of 60. The issue appears to be the ability of a white professor to effectively teach a course on civil rights. While Harvard Law School's administration is taking no official stance regar- ding the boycott, Dean Vorenberg has been quoted as saying that "it works against, not tor, shared goals ot racial and social justice." The law school's newspaper, the Record, reports that general student reaction to the boycott is that it is a "ridiculous" way to express dissatisfaction with Harvard's hiring practices and concern that it may adversely affect future faculty hiring patterns. On September 10, BLSA voted to continue its boycott of Greenberg's class. Nonetheless, the course is still scheduled to be taughtby both Creenberg and Chambers during an intensive three-week January mini-term and a high enrollment, absent minority students, is anticipated by the administration. high. Theoretically, graduate undergraduates are rowdy." students might be better able She continued that while it out 1to handle finding off-campus bothered her at first to findwere housing than undergraduates." that undergraduates Students who have settled assigned to her residence hall, into the dorms are adjusting. "a lot of law students are upset Marc Garber commented that about it. Most of us assumed "it's not bad except when we would be together." But, undergraduates want to play she concluded that "I like it. their electric guitars at 8:00 in I've never lived in a dorm the morning." And he noted before." that groups of law students livOrientation Committee Coing together can also "share Chairperson Jill Paperno sugtheir depression." Deborah gests that people who haven't Williams added "it's very con- found housing near the Main venient, even if the Street Campus check the hous- — ing office, and put up signs around the law school mailroom. She also suggested that students might want to live further down Main Street, and take a bus to the campus. The law school Housing Committee is already thinking ahead to next year's first year class. "Next year, we're going to get the housing memo out earlier, and compile a how-tolook-for-housing-hand book," said Kevin Trippi. However, he concluded, "There's only so much we can do" On Target Again ! BRC students had no cause for concern on 3 of the six essay questions on the July 1982 New York Bar Exam, because Joe Marino, Sr., a virtual legend in New York bar review (with over 35 years of experience) thoroughly analyzed the issues that appeared on those questions during the bar review lectures. BRC's amazing ability to "predict" many bar exam issues is only one of the critical differences that give our students a competitive edge on the exam. Ask a BRC representative for others. For more information see the following campus representatives. Scott Nadel Joe Mcßride Keith Bond Al Mokhibar Rick Juda Mary Idzior Diane Martin Al Solan Kenna Brown Ed Robinson Pat Higgins Andrea Sanders (Ms.) Sidney Hodges Joe Saffioti Sandy Blitz Mary Salhus Mike Rosenbaum Gibson Marc Fuhrman Tim Sheehan Bruce Schonberg John \\ i /_/ •-"•Hiliiii__i BiIHHUhi- Manno-josephson/BRC Note: BRC Ethics Course and Materials are given for NO ADDITIONAL COST OR DEPOSIT. Compare for yourself. September 21,1982 Opinion 5 �LAW STUDENTS Statement of Opinion Policy and Principles The Opinion is the student run newspaper of the State University at Buffalo Law School. Holidays, exams and finances permitting, the Opinion will be distributed every second Tuesday throughout the school year. Applications for Student Activity Fee Waivers Fall '82 Editorial decisions are made by the Opinion Staff, who are those persons who have had three or more articles or graphics published by the Opinion during the course of the school year. These elections are held towards the end of the spring semester. Available 9/27 -10/4 The Opinion welcomes copy from all those who care to submit it. Deadline for printed material is Monday noon, the week prior to publication. All articles should be typed, double spaced. Room 101; O'Brian Hall (SBA Office) Return by 12:00 noon 10/4 Rape Awareness Week Sept. 20-24, 1982 Sponsored by Erie County Citizen's Committee on Rape and Sexual Assault The Volunteer Supportive Advocate Program and SUNY at Buffalo Faculty of Law and Jurisprudence Mock Rape Trial Friday Sept. 24th 7:00 p.m. Moot Court O'Brian Hall Participants: Herald Price Fahringer, Jr. Albert Ranni Richard Arcara —W __r Sports Editor Glenn Frank This is our sports editor. Trouble is, he's a little bit choosy when it comes to teams. He'll only watch the Sabres when they're playing the Rangers, and he'll only go to Rich when the Raiders are in town. That's why we need your help. If you swear by the Sabres or brag about the Bills, write about them for us. Because he won't. Or, help him write about any of the other sports in Buffalo or at U/B. He can't do it all by himself. Contact Clenn Frank, Sports Editor, by calling 833-1504 or putting a message in Box number 655. 6 Opinion September 21,1982 �Opinion asked each candidate to submit statements in support of his or her candidacy We also made space available for those wanting their picture in the paper. Not all of those running tor office chose to avail themselves of this service. We have therefore printed a complete list of candidates below. President: Jill Paperno Rob Terkewitz Keith Martin Ist Yr. Director. Robert Sant Andy Viets Terri Foster Susan Kozinn Richard Murphy David Cass Vice President: Ron Osson Chris Fink 2nd Yr. Director: X Brian Collins Andrew Hilton Frank Cecere Clare Piro Bob Reden Kathleen O'Hara Bruce Schonberg Len Gulino Daniel Pease Hollie Levine Richard Gottlieb Liz Garcia Secretary: Anne Carberry 3rd Yr. Director: Julia Carver John Stegmayer Jeff Ei sen berg Treasurer: Mark Fuhrman Greg Phillips Scott Nadel FSRB: John Stegmayer John Hams Mary Gehl David Allen Cass First Year Director Rather than elaborating my acpast about complishments which make me "qualified" to be a member of SBA, I have decided to tell you about me as a person, and why I want to be elected. For starters, I am a poet. "How I Loved Her" In the delestical spheres of the universe we are but minute, ephemeral beings. As such, how can we dare to dissect and define our last week, exemplifies my romantic, emotional inclinations, as well as my yearning to day understanding of the complexities of contemporary society. An example of this is my views concerning fiscal policy. In this respect I am extremely conservative. I do not believe, in wasting money. If elected to SBA, I will try to make certain that our money is not spent frivolously. I am running for SBA because as an undergraduate I was not involved in the elected government, and regretted it. I do not want to mere epithet — When it is not our existence, have those same regrets again. to a but our Naturally, I need your votes complexities that make us to get elected; however, even if you do not vote for me, it is human imperative that you do vote. in the first place. Thank-you for taking the The constellations of each of time to read this. contradistinctive yet so congruous are vague and uncertain. To control and manipulate, not only our actions, but our thoughts and feelings as well, is our goal. We are cautious, afraid to acknowledge such enigmas as love. But where is ecstasy without pain? Pain is at least a reality. Love, if found, serendipitous. When I touched you deep inside, : Something beautiful ensued. Yet, I feel tbe sadness, along with the ecstasy Knowing the encounter, like life, is brief. After all, aren't I only human? This poem, which I wrote Jeff Shein Rich Wiebe pects. Most importantly, timely advisement will enlighten us concerning activities at the for "the truth". My deep law school. If we start out conthoughts can definitely be fused, chances are that many categorized as idealistic. aspects of our legal education However, I do not let my will never be clarified. Adviseidealism interfere with my day ment should begin when we existence.. .reducing our lives student us, so Carmelo Batista, Jr. Liz Garcia First Year Director As first year law students, we are often confused, frustrated and overworked. One reason for this may be a lack of perspective concerning the law school experience as a whole. If we were assigned faculty advisors, to guide us •through our first year and offer suggestions for our second and third years, we would surely gain valuable insights which would lessen the burden of uncertainty and free us to deal more successfully with the rigors of the legal education itself. First-year counseling should include a discussion on the selection of seminars which would provide us with maximum potential in the job market. We should have some indication of which courses are mandatory after the first year and keep current on job pros- confusion over summer employment appears to be an area that needs some rectification. The SBA is an important decision-making body Its officers and directors head committees that decide how your money will be spent and even begin. I am a graduate of Herbert what courses you will take in H. Lehman College (C.U.N.V.), the future. To be interested in where I was a student senator this role is to show concern for and executive board member your own future endeavors. I of the student government. believe I can make the SBA While working as a Registered work to your advantage. Nurse, I was the delegate for the nurses'bargaining unit. The Susan Kozinn leadership and organizational First Year Director skills I gained through past inHello. My name is Susan volvement in student and community activities will serve me Kozinn and I am a first year well as a first year director in law student here at ÜB. Yes, the Student Bar Association. we are in this together! Among other things, I'm sure you have Richard E. Gottlieb noticed the vast diversity of students in our first year class. First Year Director I think that can only work for Let's face it: there is little our benefit as we learn from chance that, as first year each other and share our students, we can really unders- varied experiences. We need to tand the workings of this bring our class sections school; I know I don't. Equally together to have an active probable in this scenario is voice in school policy and that no more than a few of the extra-curricular activities. A candidates have ever even met strong first year board of direcyou. So, based on this, how and tors in the SBA is necessary to make sure that we get the most why do you vote? That part is actually simple. out of the time (and money) we The six people you elect will, will be spending here at UB in all likelihood, be dedicated Academically and socially, an and responsible to their posi- active SBA will assure us that tions; their interest in running there is life outside of the is one indicator of that dedica- classroom! tion. Your decision rests upon I think the SBA should be the more difficult task of spending our money for our indeciding which of us is best terests and benefit My parwithout knowing any of us on a ticipation in student governmore than superficial level. ment and various academic My background includes committees has proven to me positions in students govern- that a class representative ment, dormitory activities, and must remain open and recepalso within my undergraduate tive to the needs and requests fraternity. This experience has of the student body. As a first given me an understanding for year SBA director, I will want the need to organize activities to hear your views and work beyond the rigors of school. with your suggestions. I know I First year students, especially, have the interest, time, and need to meet and socialize energy to help the SBA work with each other. Academically, for us. Thank you. — Holly S. Levine First Year Director The role of the Student Bar Association and of its officers and representatives is to equitably disburse our mandatory student activity fee among the various student organiztions and to present student concerns to administration and faculty. These two duties are as simple as they may seem. The student body of the Law school is diverse. It is important that SBA ensures that funding is distributed fairly among the variety of student groups and that when it sponsors events such as films or social gatherings, that these events are attractive to all sectors of the student body. The SBA should also serve to present concerns to faculty and administration. One way in which this can be done is by presenting ideas for new programs. Why not tap the urgent need of the Buffalo community for legal services in the area of landlord/tenant law? A clinic in this field would provide not only a needed service to the community, but also a valuable experience for those interested in legal services employment. As an undergraduate member of SUNY-Albany s Feminist Alliance and of SASU's Women's Caucus Conference, I had many dealings with the Student Association. I am well aware of how important it is that student governments remain responsive to the entire student body, not just to specialized constituencies. If elected Ist Year Director, I will make more than a "good faith effort" to remain responsive to the interests of all the members of my class. Richard Murphy First Year Director September 21, 1982 Opinion 7 �Turkewitz Paperno Martin the curriculum so that a student's selection of classes will not be an exercise in futility. I will also pursue a suitable area for child care. In addition to these goals, I hope to make the constantly We graduates. SBA's activities more familiar ourselves, what do we wish to the SBA that help us all to the student body, so that It is achieve here at Buffalo Law. have an enjoyable time at Buf- students will be better informFor one thing, we want to havefalo Law while getting the best ed and SBA will be more acan enjoyable experience while cessible. education possible. getting the best education am a second year student. I possible to help guide us into Last year, I was actively involvour future careers. We slowly ed in SBA. With my experience Keith Martin for President slip through our first year and and enthusiasm, I feel that I into our second, before we can provide the SBA with The Student Bar Association the know it, we are faced with the leadership must remain a visible and us that will enable prospect of leaving our sterile all to achieve our goals. responsive portion of our law environment where we learned school community. In order to of how things ought to be, and do so, the leaders of the are faced with a competitive association must not only and unpredictable world — recognize the extent of their the way things really are. I feel obligations to their fellow very fortunate to be at Buffalo Jill Paperno for President students, but they must also Law because it possesses three work together to ensure that name My is Jill Paperno and very positive features that obligations are met in a these maygive us all a better I'm running for the position of responsible, representative awareness of what we can President of the Student Bar manner. achieve; first is a very flexible Association. As one of the I believe there are two major faculty, sensitive to the three summer orientation coobligations which the Student students' needs; second, is a chairs, I have become familiar Bar Association has towards dynamic and ambitious stu- with many student interests each and every one of us. First, dent body; and third, a highly and law school organizations. I it must promote the students' have been rated law school which has involved with been recently reorganized into Distinguished Visitors Forum, the SUNY system, and is still National Lawyers Guild and establishing new policies. All Women Law Students Associaof these factors add up to suc- tion. Anne Carberry for Secretary cess. that would enable students to get the experience, so essential in the job market. It is the SBA that can strengthen the bonds of our alumni association that to work for ask would allow it students as well as Rob Turkewtiz for President '' interests throughout the legal, non-legal and university communities. This is largely an administrative role in which the association acts as a sounding tivities and services which bring the students together and promote a sense of community among us. We're here to study the law, and work hard, but board for the concerns and we're also here to enjoy. I problems we face as tuition- recognize this and hope to inpaying members of the New itiate the type of activities York State University system, which the students believe are and as future members of an enjoyable and worthwhile. important and widely SBA under my leadership will respected profession. Before be responsive to all of the we step out into that profes- students. sional world we need to receive a solid education. SBA I have been active in many must actively participate in organizations. As an undergrad policy decisions which may af- at Albany State I served on fect the quality of that educa- several housing quadrangle tion. After we gain our degrees, committees. I chaired one we hope that our diligence as such committee, the Special students and the reputation of Events Committee, which our law school will carry each usually managed dorm parties. of 'us to our respective goals. Here in Buffalo I recently The SBA must promote this helped out in the Orientation law school's reputation in such program. As SBA President, I will meet a way that it is commensurate with the quality of students it the requirements which I have turns out. For this, visibility set forth. I will always repreand integrity in SBA leadership sent the law students in a responsible manner, and hope are essential. to make everyone's law school Second, the Student Bar experience as enjoyable as Association must provide ac- possible. Opinion Election Supplement My interest in school policy We need to establish a new awareness among ourselves. and student involvement has This awareness is called self- also been demonstrated by my help and it entails setting attendance at meetings about policies that will mutually the Legal Methods program benefit every one of us in the and interviews with candidates years to come. Presently, for for faculty positions. Last all of us here, law school is an spring I was selected by the integral part of our lives and SBA first year directors to we will all rely on it to help us become a first year director. In the past year I have seen in the future. Anything we do now to improve our school the SBA fulfill a number of will, needless to say, enhance functions. It has maintained our potential for success. We student involvement in the need to establish policies that SBA Committees and studentwill allow us to work together faculty committees. It has in building the law school's reputation and help increase our quality of education. In addition, we need to inform the public and potential employers about our school's effective method of preparing its students. Finally, and most importantly, we need to increase our school spirit and sense of loyalty to our law school. In achieving these goals we need to open our horizons and escape the SUNY system state of mind where bureaucracy controls. In working together for our school, we are working for the success of our futures. We must act together, and I feel that, the SBA is the proper forum in formulating such policies. It is the SBA that can help initiate programs and fund existing ones 8 Opinion responded to university and state crises relating to all students, such as funding cuts and the closing of Squire Hall. It has facilitated law school sports competition. And it has thrown parties. It is important that the SBA continue in these roles. The SBA has become best known for its social role. As we all know, parties are an important break from the law school grind. It is equally important however, that the Student Bar Association assess and actively further the academic and career interests of law students. As an SBA candidate I have received many suggestions for future SBA activities. As president I will work for changes in September 21, 1982 My name is Anne Carberry. I am a second year student and am running for Secretary of the Student Bar Association. I am a 1981 graduate of SUNY at Albany, a former New York State Assembly intern, and am currently serving as a Director of the Buffalo Public Interest Law Program and an Officer of the International Law Society. As a candidate for SBA of- fice, I have several ideas about what an active SBA could accomplish. The social climate of the law school must be improved. A more cohesive social life for students will make their years at UB Law more enjoyable and will additionally establish a network of friends and contacts which will be useful in the students' careers. The SBA could foster this type of atmosphere by sponsoring law school hours at the new gymnasium, organizing a "cultural calendar" for Buffalo which would highlight various upcoming concerts, nightclub shows, plays, etc., and establishing law school happy hours at local pubs. Although I'll be the first to admit that the names on my petition weren't alphabetized, my organizational skills are just about as strong as my desire to serve. Carberry Stegmayer �Fuhrrnan Ronald Ossan Vice President Phillips Fink fice of Vice President because Marc Fuhrman for Treasurer I feel I have the experience, motivation, and knowledge of Hi, my name is Marc My name is Ronald Ossan how a student government can Fuhrman, and I am running for and I'm running for Vice- best reflect the abilities, and the position of Treasurer of the President of the Student Bar fulfill the needs, of a school Student Bar Assocition. Association (SBA). My past ex- such as ours. As an undergraduate with a perience in student activities As an undergraduate I degree in Accounting my ambiat the law school includes: first served on the Executive Board tions were focused in the year SBA director, member of of our University Senate and as diverse directions of tax law the Special Program Admis- a member of the residence and tennis. However, as the sions Committee, and group staff for three years. In law years passed, without an inleader at this year's orienta- school I've served on the ad- vitation to Wimbleton or tion. My experiences in these missions committee. I hope to Forest Hills, I began to realize activities have given me great be able to make my experience that I should follow my insight and knowledge about and motivation work for the father's advice. So I cut my the inner workings of the Law Student Bar Association. hair and tossed aside my School. The Student Bar sneakers, and entered an inAssociation should be ternship program through my accountable to the entire student body and your participation in the voting process will guarantee that accountability. Gregory T. Phillips for I urge you to vote for the can- Treasurer didate of your choice and Batista, )r. I am Greg Phillips and I am Carmelo make the SBA work for you. Year Director Third Because of my background I running for SBA Treasurer believe that I am the most because I believe that my work As a candidate for third year qualified candidate running on the Finance Committee last director, I bring to the SBA for the position of Vice- year gives me the experience views which are multiPresident. I am asking for your needed to be a fair, effective dimensional in scope. Views Treasurer. vote. encompass the maThe SBA Constitution gives that would minority factions in and jority the Treasurer primary respon- the law school. Christopher Fink sibility for the fiscal affairs of Vice President Having gained a significant the entire SBA, and of each of amount of "organizational" A good student government the 19 student clubs and comas President of experience needs to address three areas of mittees. In over-seeing a HANALSA, and also being a concern. First is enjoyment. It $32,000 budget, the Treasurer member of the Special Admisshould try to pake the law is empowered to audit the ac- sions Committee, I have learnschool experience as much fun counts of every student ed a great deal as to how the as possible. Next, student organization, and publish monSBA operates. Thus, this will government should provide thly treasury statements detailenable me to adequately education for the students. ing how your Student Activity represent the diversified inThrough activities students Fee is spent. terests of the third year class in should learn those things that any given committees in which The Treasurer also chairs the books alone cannot teach. I profess my interest, such as: Lastly, a student government Finance Committee, the stu- Finance Committee, Special should promote the school and dent committee which Admissions Committee, Mitultimately apportions funds the students it represents. chell Lecture, etc. I think the greatest resource among student organizations, that the Buffalo School of Law after holding hearings in the has is its students. As a spring. As an active member of last Jeff Eisenberg member of last year's FacultyStudent Admissions Commit- year's Finance Committee, I Third Year Director tee I had the privilege of really worked closely with the preMy name is Jeff Eisenberg getting to know what kind of sent SBA Treasurer in an effort students this school is compris- to divide a fixed sum of money and I am running for the posifairly among the many deserv- tion of Third Year Director. ed of. The students here are not ing groups. This experience Last year I was a Second Year only very intelligent, but also gives me the knowledge of the Director and helped plan the very well rounded. A strong aims and goals of the various activities for the year. I would student government, I feel, student groups necessary to like to work on the SBA to could bring these tremendous enable me to distribute fun- establish some continuity on resources together for the ding based on merit and need, the Board. I would appreciate and to try to prevent any in- your support. benefit of all. educational, crease in the amount of your Through recreational, and social pro- Activity Fee. gramming I think the potential Every law student conof the Buffalo School of Law tributes to the SBA treasury can be realized. Further, through outreach and therefore deserves a and student-faculty relations I Treasurer willing to devote feel that the student govern- enough time to do the job right, with the experience to ment can be influential in makaccomplish the job fairly. I ask the outside ing it known to how talented the students here you to help me by voting for Greg Phillips for SBA are. I decided to run for the of- Treasurer. college. I served as an assistant accountant for New York one of my primary goals will be to establish an association City's Division of Financial of students in the various proManagement during my fessional studies at ÜB. What I sophomore year, and as a would like to see arise from bookkeeper for New York City's Police Recreation Resort during my junior year. From these jobs I gained the skills which are necessary, in part, to serve your interests best. I said "in part" because it is also necessary for me to come to the board, with not only the skills of an accountant, but with the drive and ideas to work for the best interests of the student body. As a member of the board. this association in addition to and dances, are an inter-disciplinary intramural league, and an organized student body who will represent the interests of all the graduate students. Hopefully, through parties this last function of the association we can raise a louder voice when the government tries to cut our loans or faculty. I would be delighted to serve you as Treasurer of the SBA this year. Thank you. Opinion Election Supplement Batista Eisenberg Vote Today Until 5 Statements and Photos of Ist and 2nd Year Director Candidates Appear on Page 10 ■ September 21,1982 Opinion 9 �As a first year director I will work towards providing many athletic, social, and academic events for the first year Law School class. As president of my college dormitory I helped organize all of the dorm's events and I feel this experience will help me in organizing this year's activities. naments in softball, football, basketball, and volleyball could be set up for those who want to participate. These tournaments could involve in- dividual student teams and section teams. Socially, I would work for as many events as possible to help people from the different sections meets each other. A picnic for our class could be held during the warm weather, and during the winter we could have happy hours at different local bars, mixers and a formal. Academically, I think several lectures on topics that would help first year students should be arranged. Among these could be a lecture by the placement office on summer job opportunities. Also a lecture by some upper classmen Schonberg Viets justices. If "justice is truth in action" as Benjamin Disraeli A riders board should be set would have it, then our truth is up so that people without cars even less pure and simple than can find people in their sec- we would like to believe. It is tions who live near them and in a sorry state of existence can give them a lift to school. that we occupy this part of the Before our breaks a riders universe. So little has been board should be set up to help learned. So little is understood. Whether wisdom comes by sufpeople find rides home. I believe my ideas will help fering is rather questionable. make our first year of Law One wonders what has School easier and more en- changed since Shakespeare on how to prepare for finals would be helpful. Election Supplement had Marc Antony utter "O joyable. Andy H. Viets First Year Director Oscar Wilde once wrote that "truth is never pure, and rarely simple." In light of these words, perhaps it should be said that the central purpose behind this is to place something with the appearance of significance on a resume. Nevertheless, one can hope. No matter. In this time it is found thatfew tears are shed over even the greatest of in- judgement, thou art tied to brutish beasts. And men have lost their reason!" For most, everyday has become the Ides of March. Yet if Petronius Arbiter is right, "the mind longs for wht it has missed." It would be far from right to lay ourselves down. Though there may be minute basis for heightening belief, it is to some hardly a matter of choice. It is not only for Hamlet to question "Whether 'tis nobler in the mind to suffer the slings and arrows of outrageous fortune, Or to take arms against a sea of troubles, And by opposing end them?" The mission, or what is left of it, is not yet complete. Rob Sant First Year Director I understand that I'm allowed 250 words to cover my opi- nion, but my platform rests on short speeches, so I don't think I'll be needing that much space. Like all first year students, I'm a rookie. I'm new here and I know very little about Law School at this point, but I'm willing to learn. I'm running because I want to get involved and I think Law School can be a good time, (see Law School Can Be Fun, by Rob Sant, $14.95). Though I take my studies very seriously, partying and sports are definite requirements for success in Law Levine Murpny School. Bruce Schonberg Second Year Director Kozann Hi, my name is Bruce Schonberg and I am running for 2nd Year Director. We 11... somehow we all sur- Gottlieb vived the trials and tribulations of first year. Now it's time for all of us to get involved, and try to make some changes in our Law School and Society in general. I hope my experience in College Student Government can afford me the opportunity to help make these changes. I was Cass Garcia Candidates Not Photographed Vice President: Ron Osson Faculty-Student Relations Board: John Hams Mary Cehl 10 Opinion September 21,1982 3rd yr. Director: Julia Carver Scott Nadel Jeff Shein Rich Wiebe 2nd yr. Director: Bob Reden Kathleen O'Hara Len Gulino Daniel Pease K. Brian Collins' Andrew Hilton Frank Cecere Clare Piro elected to two terms on the Student Senate, a term on the Supreme Court and served on the school's budget committee and Finance Board. It appears that the SBA needs a little push to become an organization committed to the ideals of a progressive law "community". If elected, I will work towards achieving such goals. Thank you for your I have your sup- time... hope port I �Loophole© by fial malchow j The Annual Opinion j Recruitment Party and | Open House I | will be held from 3:30 - 5 today, in the Fourth Floor Lounge. ' i i A keg of beer (domestic) will be tapped, and wine and cheese will be set out. All those harboring journalistic predilections should attend. We can't _^ publish without your help. September 21, 1982 Opinion 11 �SUSTA Lives... RAPE TRIAL continued from page 3 Unfortunately, there remains in the system the gross inequity which prohibits distribution of SUSTA on a pro rata basis to students who receive less than the full $300 TAP award. This legislative requirement has been attacked by the law school annually, but to datewithout success. As further developments occur, I will keep you posted. NDSL Loans/Work Study Funding Decreased Since 1981, the National Direct Student Loan Program has received no federal funding. As a result, all loan disbursements are contingent on the availability of money received through loan repayments from students who have already graduated. The net effect is that students who are receiving an NDSL check this semester or in the Spring can expect the check to be anywhere from one to four or five months late. Unfortunately, there is no apparent order to the sequence of check disbursements so a student cannot find out where he or she stands on the list. However, in an effort to reduce the impact of the late NDSL checks, the Office of Student Accounts has developed a procedure whereby the NDSL check is credited to the student's account before the Guaranteed Student Loan check is processed. The result is that the amount of the student's refund from the Guaranteed Student Loan check is increased by the amount of his or her NDSL check even before the NDSL check arrives. To take advantage of this procedure, students should go to the Office of Student Accounts (HAVES A, Main Street Campus) and ask for the Power for Attorney whereby the NDSL check is signed over to Student Accounts. This should be done before the student drops his Guaranteed Loan Check off for processing, to ensure the records are updated accurately. Students who are not receiving a Guaranteed Student Loan or elect not to use the above procedure will receive notification that their NDSL loan checks are in by a postcard from the Office of Student Accounts, beginning in mid October. Many first semester NDSL checks are likely not to arrive until January, so students should plan on lengthy delays. Work Study funding is completely disbursed for the Fall and Spring semesters, so no late applications are being accepted. As a special note to all students who received an loan as NDSL an undergraduate, you should be aware that you must prove you are still in school or you will be declared to be in default of your NDSL loan. A number of students have had their Guaranteed Student Loan application rejected by Albany because an NDSL loan was in default. Therefore, be sure you obtain an NDSL deferment form from your undergraduate school and submit it to the law school admissions and records office for completion. This should be done every year you are in school, since the school only verifies your enrollment on an annual basis. i Guaranteed Student Loans Remain Widely Available The law school student's favorite piece of financial aid, the $5000 Guaranteed Student Loan (also known as the "bank loan" or NYHEAC loan) remains almost as accessible as in past years. Two changes have occurred. First, if a student's family income is over $30,000, the student's loan is contingent on a Needs Analysis. Simply stated, the Analysis process says that some amount of the family income can go to the student, and the student can borrow the Harold Price Fahringer and Albert Ranni, Assistant District Attorney, will be the principal participants in a Mock Rape Trial, Friday, September 24, at the SUNY/Buffalo Law School. The event is scheduled for 7 p.m. in the Moot Court Room, O'Brian Hall, on the Amherst Campus. The Mock Trial is the culminating event of Rape Awareness Week in Erie County, September 20-24. The purpose of Rape Awareness Week is to recognize and honor the many volunteers who have assisted rape and sexual assault victims, and at the The checks should be taken to same time, to refocus public the Office of Student Ac- attention on the magnitude of counts and deposited in the the problem. special GSL Drop Box after being endorsed by the student. Refunds are being processed in about two weeks. BUFFALO, N.Y. The inauguration of Dr. Steven B. *** Sample as the 12th president of the State University of New mine their loan eligibility. The second change requires that the amount of the Guaranteed Student Loan be reduced if the student is receiving other financial aid(G.l. Bill, tuition waivers, NDSL, TAP, SUSTA, etc.) which would total more than that student's allotted student budget. Thus many students receiving TAP, SUSTA and a $2500 NDSL loan have had their Guaranteed Student Loans reduced to about $3500. ._As in the past, when the student receives the loan check from the bank, it will be made out to SUNY and the student. Inauguration - Students who would like furbetween his ther information are encouragfamily's contribution and his ed to drop by the law school total cost of going to school, financial aid office in Room which is about $7000 for a 314 O'Brian. Office hours are single student not living at posted on the door, and home. Thus many students messages slipped underneath with family incomes over the door are normally $30,000 are still eligible for answered the same day. difference almost the entire $5000, especially if there are brothers or sisters in college also. Students who have not applied for the loan because of the needs test should see me for a more itemized breakdown of the family contribution to deter- York at Buffalo will be held at 3:00 p.m. Sunday, October 10 in the Alumni Arena on the University's North (Amherst) Campus. An Inaugural Procession will precede the ceremony. More than 450 University officials, faculty and staff, as well as delegates from other academic and professional institutions, learned societies and invited guests will march in academic robes from the Slee Chamber Hall to the Arena. The procession will begin at 2:50 p.m. Professional Responsibility Exam (MPRE) Test Date is Friday, November 12 All Juniors and Seniors may take BAR/RlR's MPRE Review Course (including books, lectures and testing) for NO ADDITIONAL COST by simply depositing an additional $50 toward the final balance of your Bar Review Course. For information, see one of these BAR/BRI representatives: Rick Roberts Carol Guck Jan Davidoff Carmelo Batista Irene Hirata 12 Opinion September 21, 1982 Sara Hunt Chris Renfroe Susan Gray-Donadio Ann Demopoulos Leander Hardaway Joe Ruh Kirn Crites Judy Holender Molly Zimmermann Tom Grinter Steve Sheinfeld Mark Reisman Julia Carver Ron Osson Karen Russ Jill Paperno Jon Solomon �Board Releases Decision continued from page 1 to student A or student B prior to— the date of Professor -'s examination, that neither student was required to execute an acknowledgement regarding the policy on academic honesty before taking the examination, and that neither student was enrolled in the Law School on April 24, 1980, when the Opinion article peared. 8. Counsel contends that the failure to provide student A and student B with actual written notice of the Standards for Academic Dishonesty Cases bars the Law School from imposing any discipline on them, even if collaboration is found to have occurred. 9. The Board makes the followv7_ „ ing finding of fact: . orally inform(a) Professor ed his class during a regular class period that collaboration was not permissible on the contracts examination when he stated that "they could use anything that did not breathe" in completing the examination.Both student A and studentB were present during this announcement though neither has any present recollection of it. A witness for student A and student B only stated that she could not remember such a statement being made. This was quickly followed by her statement that she was scared to death and did not remember details of Professor 's statements and that "it sounds like something he would say." (b) Student A and student B both knew at the time they took the contracts examination that collaboration during the examinatin would be dishonest. Counsel for the students stipulated to this fact during the hearing. ' which has been provided the inmate" 52 N.Y.2d atBoo. (Emphasis contained in the original.) This specific statutory limitation was relied on by the Court for its conclusion that knowledge of the proscribed nature of the charged activity alone would not permit discipline if the rules had not been provided the inmate. Counsel has not called our attention to any similar statutoryilimitation imposed upon the Law School's disciplinary functions, and our careful consideration of the New York Education Law and pertinent regulations has failed to reveal any. Further, the law school is involved in the process of entry into the practice of law, not only by granting degrees to its graduates, but also by certifying their good character to bar association character committees. Thus, there can be no complete comparison of law student discipline to prison discipline or even to thatofeducational institutions in general, because of the high standards required of the profession. "A lawyer shall not Engage in conduct involving dishonesty, fraud, deceit or misrepresentation." Disc. Rule 1-102(A) (4) "From a profession charged with these responsibilities there must be exacted those qualities of truth speaking, of a high sense of honor, of granite discretion that have through centuries been compendiously described as 'moral character. Schware v. Bd. of Examiners, 353 U.S. 232, 247 (1957) (Frankfurter, J. .. .. concurring) 11. In light of the actual notice concerning the bar to collaboration orally by given Professor to student A and student B, the lack of any claim of reliance by student A or student B of issues (Examples A-F in Pro- fessor's memorandum, and also analysis represented by similar language, such as Example 4) and the similar choice of cited cases. These similarities of analysis are especially convincing where the analysis is incorrect, irrelevant or based upon a prior identical incorrect assumption or analysis. 16. It is undisputed that student A and student B both took the examination at student A's apartment. The collaboration we find to haveoccurred does not seem to us to be of the type in which two students write an entire examination side by side, making joint statements on each point; it does seem to be of the type in which there was a discussion by the student at the beginning of the examination period to determine jointly the relevant issues, arguments and cases. The students may then have written the actual answers independently from that joint analysis, using the issues and arguments developed jointly. This pattern of behavior would be consistent with the testimony of a witness who said that student A and student B did not speak to each other "after she woke up early at 10:00 or 11:00." Such behavior would be consistent with those parts of the examination papers where both students try to discuss the same issue, and one student understands the issue, but the other does not. Such behavior would also be consistent with the appearance of theclearer parallels in the easier second question, where there was less opportunity for differing factual interpretations to produce somewhat different discussions of similarly chosen issues. 17. While the examinations have numerous differences in organization and degree of understanding, the overall similarity is striking. In Question 11, both examination papers march through the same issues in almost the same order. The parallel discussions include in both those cited Professor 's memorandum (Example 4: Is receipt of a check consideration? Example D: The relationship between durress and un- on any mistaken belief .that collaboration on the contracts ex(c) Student A and student B also aminatin was permissible, the knew at the time they took the absence of any rule conditioning discipline on provision of a written contracts examination that collaboration during this examination copy of rules, and in light of the would contravene Law School Law School's responsibility to cerRules. This is stipulated by student tify the good character of its A's counsel in his memorandum: graduates, the Board concludes that the Law School is not barred "it is uncontroverted that both from imposing penalities for conscionability. Example E: Return students inferred that collaboraunauthorized collaboration in this of down payment. Example F: Intion would be in violation of Law junctive relief) and those irtdicated case. We conclude School rules. "understood that by Professor's marginal notation thatboth students (the list of issues on page 3 of Collaboration the purpose of the contracts ex49585 and page 7 of 49586 and the amination wjs to evaluate their insimilar analysis of the undue inregulations University regar12. ding Academic Dishonesty, fluence issue) as well as use of the adopted by the Faculty Senate in same cases {Arthur Murray and 1971, provide that no formal deci- Frosti-Fresh) 18. The general similarity in sion of guilt is to be made except on clear and convincing evidence. choice of issues is most notable in remedies proposed in Question 13. Professor 's memorandum the(Professor's Examples E & F). II parallel many uses of suggests paper proposes Each the identical language and analysis in the two potential remedies, in the same examination papers, but it in- six rough order. It is difficult to dicates on its face that it is not a believe that any two students similarities complete list of all the working completely independentbetween them. the same list of 14 The Faculty Student Rela- ly, would produce issues or remedies. Nor are the in inmay engage Board 11 mm tions wmiww explained by use of a comdependent analysis of the facts dividual ability on the subject, and outline, especially in relation in the record before it. mon evidence that there were law school rules to the common approach to The purpose ot the Board is to remedies, for the outline does not against any academic dishonesty employ its own expertise in which would interfere with that resolving disputes. Therefore, the include some remedies advocated, evaluation. suggesting possible Board is not limited to the as well as remedies not chosen. by presented arguments 10. Counsel relies on the New 19. Similarity of treatment is especially when Professor York Court of Appeals decision in those arguments are stated to be reinforced as evidence of colCollins v. N.Y.S. Board of Parole, exempletive. The Board can laboration when the analysis is in52 N.Y.2d 798 (1980) in support of a develop its own issues from its correct, irrelevant or based upon his argument that failure to proassumpincorrect identical prior own analysis. vide the written standards prior to 15. We unanimously find clear tion or analysis. In Question 11. contracts examination convincing evidence of col- both examination papers raise as felludes punishment for col and between student A and an issue the question of whether ■JHtftn The case is inapposite laboration B, based upon the record receipt of a check which is not student BBfe New York Correction Law before us. We are not convinced later cashed can constitute regulating inmate disciplines by the mere use of similar consideration (Professor's Example' specifically provides that "(n)o inProfessor language (Examples 1-5 in Pro- 4). This issue, as noted in mate shall be disciplined except fessor's memorandum, but we are —'s memorandum, arises "after a a for a violation of a published or convinced by the similar analysis similar method of analysis at posted rule or regulation, a copy of . "... the Law School is not barred from imposing penalties for unathorized collaboration../^ , . similar point in both answers." The ty returned to Margaret is assumed similarity cannot arise from use of and used to raise the unjust enrichthe same outline, for the question ment problem. Then the suggesdoes not appear in the outline tion of a temporary injunction is used by the students. Further, this analysis can be reached only by a series of incorrect analyses, a series so unusual and incorrect as to constitute a unique reasoning pattern one which is not supported by the students' common outline. Question II basically involves problems of contract performance or excuse, not problems of contract formation. Both students, however, treat it initially as primarily a problem of contract formation because they do not regard the signed sale contract (page 9 of the examination), which was an executory contract at least as to Karl, as involving consideration. Yet their outline specifically states that a promise for a return promise is consideration. It is only making these identical errors that they can even begin to look for alternative forms of consideration or substitutes for consideration When they do begin to look for alternatives, out of all the possibilities presented by a complex fact pattern, they both select receipt of the then uncashed check as the only possible alternative. Then they both raise, but — added to "prevent.. Karl from selling the land until these issues are resolved." While an injunction makes sense to facilitate return of the property to Margaret, that is not really the subject of the paragraph which suggests the injunction Other of the arguments in the students' memoranda illustrate this phenomenon where both students mention the same issue and one paper seems to understand the issue raised while the other does not. Use of material well by one collaborator and less well by the other would fit a pattern of behavior in which both students discussed issues at the beginning of the examination period and then wrote their actual answers using issues and answers spotted in the joint discussion 21. The similarities in Question II are more convincing than those in the answers to Question I. We do not find this surprising as Question I is the harder, more complicated question. But even those in Question I are striking (a) Each of the examination papers discusses the same issues in do not discuss this rule which is the same order at the end oi Quesnot mentioned in the course or the tion I. (Professor's Examples A-C) outline Each of these issues discussed by both students at the end of QuesIf such a unique series of decition I is unique to this set of two sions concerning what to discuss examination answers (Professor's had been correct, it would seem memorandum, pages 3-4, Expossible without collaboration amples A-C) However, a pathway involving so (b) In Example A, as Professor many unusual incorrect twists and points out, it is clear that one stuturns is unlikely to be found by dent understands what he is trying chance by two individuals working to do and the other student does independently, especially when not. The same may be true in Exthe joint outline does not point ample C. toward any of the turns taken. (c) Each of the examination papers cites the same tour cases, 20 In Question 11. on each of and no others, in Question I: Sherthe parallel discussions one exwood v Walker. Hadley v. B_\enamination paper uses the dale, Rockingham County v. Luten material much less well than the Bridge Co., and Hoiiman v. Red other It is not always the same ex- Owl. The students' common amination paper which is weak outline of contracts runs 23 pages But in each instance the weaker and cites dozens of cases A stuanswer seems of unsure of the dent writing an examination point to be made that it seems suralways has the choice to cite a prising that it appears at all Procase or simply discuss issue s Example F, the injuncfessor without citation Independent tion point, is an especially good ilselection ot the same tour cases, lustration In 4958b the relevant and only those four, does not seem paragraph begins by listing various credible when one multiplies the remedies, including the possible number ot cases available by the voiding of the sale on the basis of choice on any issues to cite a case unconscionabiity, and later in the or to discuss the issue without citaparagraph, because of Arthur's intion capacity The suggestion of a temIt is not credible that two exporary injunction follows imamination answers would track so mediately from the second closely without collaboration, reference to voiding the contract even given the close stud\ ing relaand returning the property to tionship of the authors There are Margaret. In that context an intoo many potential issues to junction to stop the sale ot the discuss for this to happen In farm makes sense. However. Exam chance, and the absence ot discus 49585, when it suggests the temsion of important issues in both e\ porary injunction, is only making amination papers strengthens the the point that Karl might be unjustclear conclusion of collaboration ly enriched if he could keep the For example, both examination $1,000 down payment (an argupapers treat contract formation ment that also appears between issues at the same level of anal\ sis the two voiding arguments on the in Question 1, thereby avoiding other exam). That the contract many issues might be held void and the proper continued on page 14 — — September 21,1982 Opinion 13 �FSRB Imposes Punishment for Collaboration iV"t "..-x: 'vm p.lge J.J Penalty Five of the six members of the ISRB recommend a penalty of suspension for one semester in addition to an F tor the course with either a cop\ of this committee s recommendation or a letter from the Dean in each student s tile. The recommendation or letter would be transmited to third parties who seek information from the law school concerning either student We would expect suspension to be for rail semester of the 198.2-83 academic year. unless appeals from the Dean s decision are not completed In the time that semester begins This recommendation is based on our belief -that the minimum penalty under Law School standards [A grade or F and a letter in the filel should not be the norm when academic dishonesty has been found Mitigating circumstances might operate in some cases to reduce the penalty to the minimum, but we do not find mitigating circumstances to be present here A penalty or suspension affirms to the students involved, the academic community, and the community which may use the services or lawyers, that we take these matters seriously It also provides, consistent with practice in other graduate departments, an opportunity for the students involved to consider seriously whether law school is where they want to remain and where they should be It is not our desire, by recommending suspension, to effectively block entry to the practice of law Particularly with students so early in their law school careers, there will be significant opportunity before graduation to evaluate these students' conduct If they choose to return to school and then satisfactorily complete their legal education, it would be appropriate, at their request, for the Dean to then place a letter in their riles evaluating their subsequent conduct in law school. The students involved retain the on Academic Dis- Separate Opinion by Julie on Penalty Only I recommend a semester probation as well as an F contest The three secrets to life can be found between the Law School and Norton Hall. The first person to correctly identify the three secrets and submit them to the Opinion office will win a night at the Buffalo Philharmonic, transportation included. Opinion staff are not eligible to win. Submit all entries in sealed envelopes in Room 724 mail slot by Tuesday, September 28. All guesses will be published and the winner announced in the Opinion. The contest is being sponsored by three secondyear students: Jud Weiksnar, Tom Cassada, and Tim Prosperi. Opinion 14 to case a precious to first \ear law student) and most importantly they experienced severe «, anxiety concerning the ultimate »act«t»fw.r»?*jwwrag<i a gs In their examination answers, iFSKB) two examinations that raised suspicions of collaboration the two students raised similar between the examinees The FSRB i points which in some instances held hearings on February 5, 1982 were based on faulty or inand February 8. 1982 and filed tin- complete analysis or in one indings and a recommendation with stance on an absolutely erroneous me on February .'.', 1982 (Attach-* analysis which their common ment A) I read the entire written outline contradicted It stretches record ot the FSRB action and con- fc credibility toolar to conclude that ducted a hearing on April 10, 1982 the commonalities in the two exof two after inviting the parties to file aminations were the work written submissions challenging or independent minds working The students, supporting the findings of the separately FSRB Subsequent to that hearing I iioreover, might have, but did not, listened to the tapes ot the two offer evidence that such unFSRB hearings conscious parallelism in analysis Three issues are presented First, appeared in other examinations the students claim that the that they took shortly thereafter I absence ot notice with respect to conclude, therefore, that the the rules against collaboration on evidence is sufficient to show examinations deprived them of clearly and convincingly that due process. Normally the some collaboration occurred . Registrar, prior to the end of term supplies each stu- examinations, dent with the rules on academic conclude that the commonalities were the work of independent minds/ mtm*ma&»*MmmMMiommommmmmimmMmM*m*am "It stretches decision and its consequences which severely hampered their ability to adequeatelv devote themselves to their studies. The students'appear to be good men who have succumbed to temptation; a weakness not uncommon in academic environments. They are not mdiv iduals who are constantly ignorgetting into ing rules and trouble". On the contrary, their past is unblemished by any cheating violations, they have strong academic records and were polite throughout the hearing no need to impose a harsh penalty to jolt a sense of morality There is in them. It is highly unlikely they would ever collaborate again so a harsh penalty is not required to deter them from cheating. Further- a penalty of suspension was supported because it affirms to the more, students and community that All potential employers requesting an official transcript receive the letter confirming collaboration which will be an enormous obstacles to their career search The character and fitness review board of the bar receives the letter and considers it in making their decision The penalty might be the minimum required by law school standards, but a close look at the obvious consequences reveals that the sanction is nonetheless extremely harsh. The suspension sanction serves no needed purpose but to add salt to a sore wound. The students are not going unpenalized if no suspension is imposed. The negative consequences already experienced coupled with the ramifications of the minimum penalty is quite sufficient. In tht»case; because the examination was given prior to the normal examination- period, the procedure was not" followed. Testimony is, moreover, in conflict orally as to whether Professor warned students against collaboration. The examination instructions make no explicit references to its prohibition. The FSRB reasoned that silence on the issue implied that no collaboration is permitted and thus that only when some form of collaboration is permissible is the instructor required to specify the conditions That view comports with my own. Where student work is individually evaluated, the permission of collaboration is clearly an exception to the rule. Furthermore, neither student admits to collaborating on the mistaken belief that it was permitted, nor to believing that collaboration was permitted The absence of explicit notice did them no harm. The second and more difficult issue is whether there was clear and convincing evidence of collaboration. The two students took the examination in the same apartment, one in the kitchen, the other in a bedroom. The two examinations show striking similarities in language, in organization, in issues raised and manner of resolution, and in cases cited. The students' explanation is that they constantly studied together, used a common outline, and shared information they alone obtained from throughout class Professor discussions The students also point to some differences in their honesty. — — answers From an analysis of the two examinations and the evidence produced, the FSRB reasoned that the students had a discussion about each of the examination questions before starting to write, but probably did not collaborate thereafter. This conclusion was consistent with a witness' testimony that she saw no contact between the two after 10 or 11 a.m. The examination was available at 9 a.m. The students' testimony, moreover, is vague about their conduct during the period just after they picked upon the examination questions. They cannot recall seeing or talking with each other before receiving the examination, though they received consecutive examination numbers. Such vagueness is sugProfessor— filed with the gestive of a desire to hide some Faculty-Student Relations Board damaging information.. Dean Headrick'. Decision September 21,1982 . ! « ' * * credibility to requirements The transcript is permanently scarred by the F grade disagree with the committee who devoted The minimum penalty required by the law school is an F tor the course accompanied by a letter in the file The sanction has grave consequences The first year contracts course must be taken again to graduate with the proper Unauthorized collaboration on a law school exam is a serious violation and requires some penalty time was preparation (time is propriate. Rosenbium members mense these matters are taken seriously, but the minimum penalty and its consequences does the same The students realize the seriousness of the offense and they should not be used as examples to the community when a lesser penalty is ap- right under the University's rules tor Academic Dishonesty (adopted by the Faculty Senate in 1971 and provided to the students through their lawyers) to appeal this recommendation to the University Wide Committee honesty, in the course with an accompanying letter in their tile. Ml relevant tacts .Tlld circumstances must he considered In determination ot the proper penalty The exam papers and witness testimony confirm the suspicion that collaboration, at most, consisted of a discussion of the examination s • relevent tacts and issues. It is highly unlikeK the students assisted one another in the actual writing.of the exam or engaged in hours ot collaboration The students have already suffered se\ere hardships due to the collaboration allegation Their personal lues were invaded with permissible questioning. costK attees were required, imtorney As to penalty, the third issue, the FSRB recommended the students receive "F" grades, a Jet'ter in their students files reporting on the disciplinary action, and a suspension from school for fall semester, 1982. The assignment of the "F" grade and the report of disciplinary action is the minimum penalty. Under the circumstances, the minimum penalty is appropriate The evidence does not point to extensive collaboration, nor support a finding of egregious behavior. Suspension and postponement of graduation can substantial economic loss. The proceedings themselves served to impress upon the students involved the seriousness with which the law school views such misconduct. Another six months to reflect on the matter scarcely seems necessary. Since the evidence of this disciplinary action will be made available to character and fitness committees of any state bar association to which each student may later apply, the attorneys requested that some review of their records and conduct be made prior to graduation so that the Dean might balance the record before it went before the bar association seems committee. That reasonable, given that all parties hope that this incident will be an isolated one and that the character and fitness committee should not be encouraged to draw general conclusions of bad character from an "isolated incident of misbehavior. Upon the request of the students in the spring semester of their third year, I, or my successor, will provide a letter of good conduct for their respective files, assuming that no further incidents requiring disciplinary action occur. This action will not, however, remove the "F" from the record or the records of this proceeding They are part of history which is not subject to revision. impose a Thomas E. Headrick. Dean May 11, 1982 Emergency Vouchers For Books Cancelled continued from page 3 debt is owed to the bookstore, the Financial Aid Office cannot automatically deduct the money from the loan checks. It does not make any sense to put a stop on the students' registration (as the school does when tuition for a previous year is owed) because the only chance the school now has of getting the money is when the students' new loan checks come in this fall, and the students would not be eligible for the loan if they are not registered. The money that is being given out for books this year is through the money that is set aside for the emergency loan program (funds allocated by the dean and SBA). Those funds normally would not be disbursed until mid- September, and then only to dent and the bookstore. Accordingly, arrangements have been made with the Student Accounts Office to deduct the emergency loan money automatically from the students' loan checks at the same time tuition and other fees are deducted. While some aid is still being given to students for books and other emergency situations, it is a limited amount, and Joe Ruh cautions students against depending on such funds in calculating their budgets for the school year. Not only might the programs not be renewed, but he hopes that students will basically respect the honor system and only ask for loans if they really need them. QuizAnswers students whose loan had been processed for at least sixteen weeks but who had not re- Answers: ceived their checks because of some mistake of the system 1. loe Cribbs, 0.1 Simpson, Terry and through no fault of their Miller. own. This differs from the old 2. Chicago Cubs, San Diego book voucher system because it is for only $100 instead of Padres, St. Louis Cardinals. $200 and is an agreement be3. Vida Blue (1971). tween the student and the law school, not between the stu4. Willie Mays. 5. The Oakland Raiders (1980). �. Hear Stan Chess discuss the dramatic changes in the New York Bar Exam 1 3 Thursday September 23rd at 1:00 p.m. in Room 106 JFREE J § I I 1 pizza, beer and soda $100 Discount in effect until October 12th (freeze the price with a $50 deposit) BAR/BRI The most popular bar review course in every law (j 8 school in New YOrk State. Last summer, the vast majority of Buffalo's M graduates took BAR/BRI. There is a reason why.' Q WW ___t U September 21,1982 Opinion 15 �NFL Might Strike Today by Glenn Frank this writing, unknown. The players in all three cities stated To the nervous glee of foot- that their decision to play ball fans, all 26 teams in the would not necessarily last NFL decided to play their more than one Sunday. Dave opening games on Sept. 12. Brown, the Seahawk's new Getting play started, however, player representative warned, was not without its difficulties. "if the NLRB doesn't come out In Seattle, Baltimore, and Buf- with a favorable ruling, forcing falo games were played only the club to reinstate Mcafter wildcat-strikes were Callum, a wildcat strike is still voted down by the players. Ad- very possible." As for the scheduled league ditionally, the threat of a league-wide strike, scheduled wide strike, as of this writing, to begin between the second the two sides were no closer to and fourth weeks of the settlement than they were on season, loomed as a distinct July 15th, when the last player agreement expired. At the possibility. In Seattle, the wildcat strike latest round of negotiations, vote was taken in response to the players demand for a porthe. waiving of the Seahawks tion of the teams' gross profits NFLPA player representative, was disregarded by the owners, Sam McCallum. The Seahawk who instead offered increased players claimed that Mc- bonuses. The players called Callum, the team's leading the offer an "insult." Basically, the players posireceiver for the past three seasons, was waived because tion as stated by Gene Upof his union activities. The shaw, player representative club's management denied the from the Los Angeles Raiders, charge, arguing that because is that "the players have an inof the acquisition of receiver vestment in their teams Roger Carr from Baltimore, because they put their time, McCallum became expen- labor, and talents into making them successes. That investdable. An almost identical situa- ment should yield some contion existed in Baltimore where trol over the receipts each Herb Orvis, the Colt's player team earns." representative was cut by The owners, conversely, rookie coach Frank Kush. The argue that there is no preceColt players also threatened dent in American law for job action claiming that Orvis allowing employees of a being cut was a union busting business organization an absolute share of the gross protactic. In Buffalo, although a strike fits, and that to endorse such a vote was taken, most of the demand would be simply bad Bills seemed to support Chuck business. Bud Adams, owner of Knox's decision to cut player the Houston Oilers, stated, representative Mike Kadish. "we can't compromise on the After the no strike vote gross profit principal —so I became public, Lou Picone, guess there will be a strike." the newly elected team representative admitted that the competition for Kadish's position had been tough. "We had several good players fighting for Mike's position. The facts just aren't clear enough for a wildcat strike by Glenn Frank right now." Whether, however, these Two weeks ago, Cowles three teams would play their second games was still, as of Media shocked the Buffalo C-E Sports Is Mourned Proyo — IUPG WoRD Processing - Typing Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. Complete Editing Capability No need for retyping when Experienced in doing legal work editing drafts Complete Resume Service Repetitive Work at Reduced Prices All Final Copy Printed on Rag Bond 16 Typestyles & Symbols to Choose From Printed to Look Like Typeset Personalized form letters, mailing lists Related Services Provided Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available community by announcing union, W Tnc that the Courier Express was publication as of September the 19th. The demise of the Courier would leave Buffalo not simply with one newspaper, but also with only one sports page. While to some, this aspect of the closing may not be a stopping ft V f crucial social issue, the avid sports fan would find that he/she is without a source of information that they had previously depended upon. In recent months, the Courier had expanded its coverage to provide the Buffalo fan with extended and more in-depth coverage of almost every sporting event. eleventh-hour attempt to increase readership included Thjs bi-weekly boxing reports, "sports news briefs," and weekend inserts of additional baseball, football and offseason hockey coverage. These bonuses will now be lost to the community. Perhaps the most disappointing aspect of losing the Courier sports page would be the departure from the Buffalo forefront of Courier staff sports columnist, Erik Brady, and Jim Murray, the syndicated Los Angeles Times sports writer. Brady, at times witty and cuttingly frank, has acquired a of trustworthiness No Comment Dept. reputation in the Buffalo sports community. This reputation opened doors for-Brady and allowed him to provide readers with a good deal of exclusive information surrounding local and national sports figures. Murray, while at times doing too much pontificating on the "grand old days of sports," provided this community with a unique insight into what he perceived as a changing sports world, often revealing startling departures from traditional concepts. While the community reels from this stunning announcement, Buffalo sports fans may find themselves doubly shocked. Not only may there be no weekday morning sports to read, but the quality of sports coverage locally may also be severely impaired. Sports Quiz 1. Name the three Buffalo Bills to dash for over 1000 yards since the merger of the NFL and the AFL? 2. Name the only three National who have not won a division title since the league split into two divisions? League teams 3. Name the last American League switch-hitter to win the MVP award. 4. Who was the only man to lead the National League in triples and stolen bases in the same year? 5. Name the only team in the NFL to win 4 playoff games in one season. answers on page 14 Hit Me With Your Best Shot Several weeks ago, on a Canadian telecast entitled "Sportsworld", a report was aired about a museum in the midwest which, hoping to raise funds, devised an innovative game of chance for public participation. The game described was simple. A computerized timer had been mechanically attached to a small revolver, and had been set so that the gun would fire sometime in the next 100 years. For a small ■ fee, patrons of the museum could the waiver was invalid. Such a waiver, he claimed, would most sit in the line of fire for 30 seconds and challenge fate. The station broadcasting this story edited the segment so that the report centered on a discussion of whether a "waiver" signed by participants and designed to absolve the host museum from liability for injury, was legally valid. The reporter, after interviewing several attorneys, concluded that likely be interpreted as an attempt to absolve the responsible party from criminal liability. This is clearly impossible, he said, since the state, not the victim, enforces the Photography Contest We are revising the Law School Admissions Handbook. We need new photos of the Law School. We are especially interested in candid group shots of people, but outstanding photos of individuals or the building itself will be considered. Rules /. Please submit good quality black and white prints, no smaller than 3"X 3", and no larger than 8x 10". 2. Deadline: Friday. October I, 1982. 3. Submit photos in an envelope, with your name on the envelope but not on the prints, to Marie McLeod, Room 312. Or Typewritten All Work Guaranteed Whether you type or not, Proto-Type can provide you with highest quality work that computer technology can provide. Call Proto-Type - 883-3348 Ask For Randy • criminal law. Nevertheless, he concluded by saying, "unfortunately we will never be sure of the legal implications until the gun goes off." All decisions will be made anonymously* Any photographs that can be identified as a specific person's work will be disqualified. A maximum of 25 photos will be selected. Winning photos will be printed in the revised Handbook with full credit given to the artists. Winning photographers will be reimbursed the costs of I roll of film & developing. Announcement of the finalists will be made in early October. The winners will be announced after the Handbook has gone to press (by October 31). All photos not used for the Handbook will be returned. Submit receipts for film and developing along with photos. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-09-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/21/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3d832b0a47c4ddf2a08ec069eafbaad4.pdf e12e8cf3805593b4362443fb2da52059 PDF Text Text Prof. Summers Raises New Challenges In Labor Law by Ward J. Oliver The 1982 Mitchell Lecture was presented last Thursday afternoon in the Moot Court Room of O'Brian Hall. Clyde Summers, a nationally recognized legal scholar in the field of labor, spoke on "Past Premises, Present Failures and Future Needs in Labor Law." Mr. Summers, who spent seven years teaching at the UB law school in the 19505, left Buffalo in 1956 to accept a teaching position at Yale. Since 1975 he has been a Professor of Law at the University of Pennsylvania. Last Thursday's lecture provided an op- for him to return to Buffalo and share his reflections on the current state of labor law in this country. In his speech, Professor Summers first laid out what he views as the premises of our portunity national labor legislation; that the vulnerable condition of the individual American worker is to be corrected through recognition of the rights to organize and bargain collectively. Given the purpose of protecting the individual in his or her relationship with the employer, Mr. Summers is critical of the present law. He is especially crticial of the exclusion from its protection of over seventy percent of the American workforce (the unorganized) who do not have the right to bargain collectively for their terms and conditions of employment. In presenting a strategy for the future, Mr. Summers expressed a need to reshape labor law to encourage collective bargaining, to provide alternative systems where there is no collective bargaining, and to extend by law to all . employees some of the rights that have been acquired by others through collective bargaining. This last category would include such seemingly fundamental rights as fairness in dismissals, layoffs conducted by objective standards, and a safe and healthy workplace. In stressing the importance of these rights. Summers reiterated his basic theme—that the law should provide protection to the weaker party. Friday morning, a panel discussion was held to respond to the lecture. Besides Professor Summers, participants included Professor James Atleson, Staughton Lynd, Esq., of Youngstown, Ohio, and Professor Karl Klare of Northeastern Law School. At two o'clock Friday afternoon, students met with the speakers at a wine and cheese party in Clyde Summers Addresses Audience in Moot Court Room the faculty lounge. Clyde Summers'' speech and the ensuing panel discussion presented UB law students and faculty with another opportunity to discuss the law and its function in our society. During the two weeks prior to the Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 lecture, a series of films about labor and the history of its struggle were shown to the law school community. As a capstone, the Mitchell Lecture served to integrate theory with fact. It thus was a fitting testament to the Buffalo Model. Opinion John Lord O'Bfian Hall SUNY/B, North Campus Bulla l<., New York 14260 'The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken Volume 22, Number 12 State University of New York at Buffalo School of Law April 22,1982 Rosenfeld Arrested in O'Brian Hall by Barbra Kavanaugh Bissel Hall, and then downtown to the Buffalo Alan Rosenfeld was arrested Police Department's Central at 2:00 p.m.Wednesday, April Booking. 14, in John Lord O'Brian Hall While at Central Booking, by two Public Safety in- Rosenfeld was strip-searched vestigators' on a criminal and denied an opportunity to charge of aggravated harass- call an attorney. He made that ment filed on February 27 by request after he was told, at former University President 4:00 p.m., that he would not be able to go before a judge until Robert Ketter. The criminal charge, as well the following morning. as administrative charges filed Central Booking conducts on April 12, stem from allegations made by Ketter that Rosenfeld made one or more obscene phone calls to his home at 5:30 in the morning following the Squire Hall arrests. Rosenfeld denies ail Although the criminal claims that the calls were made to the President's residence which is owned by the state of New York. Rosenfeld was allowed to get his coat before being taken to the Public Safety Office in that they chose to arrest him at 2 o'clock, a safe time to arrest if you want to hold somone overnight. Even the Buffalo Robbery Unit will sometimes leave a note at the suspect's house and this courtesy could have been extended to Alan. I don't think that he was going to leave town." Klaif became involved when Amy Ruth Tobol, a secondyear student, called him at 9:45 Wednesday night. She had learned of the arrest that evening and tried to determine what bail had been set for Rosenfeld. When she was told by Central Booking that no stationhouse bail had been set, she called Klaif to see if there was any other way to keep Rosenfeld from spending the charges. charge was first filed on February 27, the arrest warrant was obtained by Public Safety Investigator Kurt Herrmann on April 1. According to a Public Safety spokesperson, the warrant followed the receipt of a "deposition" from the New York Telephone Company. The arrest was made by campus security, said Assistant Director of Public Safety John Crela, "because we were the ones who investigated it and the crime was committed on state property." By "state property" Crela means that Ketter mons so that he could come in on his own. It is also interesting night in jail. "I contacted Judge Roberts who agreed to sign an order releasing him from custody until the following morning. I stopped by the judge's house, picked up the order, went down to headquarters and they Law Student AlanRosenfeld faces new charges. (Moran) released him without bail," said Klaif. On Thursday morning, Rosenfeld was formally charged. He entered a plea of not guilty and a pre-trial conference was scheduled for May 4. Rosenfeld has been charged with aggravated harrassment (which is a Class 'A" misdemeanor and carries a maximum fine of $1000 and/or one strip searches of all prisoners, and, according to Lenny Klaif, it is also standard operating procedure to "allow folks to call an attorney in the morning, after arraignment." ■Klaif also noted that "it is interesting that they chose to obtain a warrant for his arrest rather than to obtain a sum- year in jail). An administrative complaint stemming from Ketter's allegations was also filed against Rosenfeld by Dr. Steven Sample on April 12. The hearing has been set for April 26. He is charged with disruption of University activities and harrassment (§§536.1 and 536.4b of the Rules and Regulations for the Maintenance of Pulic Order). If the administrative hearing results in a decision after he completes the semester's exams, it is possible that Rosenfeld will not be allowed Continued on page JO Judge Saad Abou-Of Is Law School Guest by Wendy Cohen Egyptian Judge Saad Abou-Of will speak at 12:30 today in the Faculty Lounge, on the legal aspects of his country's transformation from a single to a multi-party state. Abou-Of, Vice President of Egypt's Council of States, is the country's second ranking administrative court judge. He will discuss the technical problems involved in rewriting old statutes and writing new ones to allow for a politically diverse state. Law School professor Andrew Spanogle said that the judge would be trying to put Egypt's change to political party freedom in historical context, and noted the talk should be of special interst to students interested in international human rights. All are invited. Of added interest, the legal profession in the Middle East will be the topic of a one day conference on Monday, April 26, sponsored by the law school and Bar-Han University, Israel. The conference will begin at 3:00in the afternoon in Room 108 with a panel discussion on "Lawyers and Judges in Islamic Law." After a break, the conference will resume at 7:30 with representatives from Egypt and Israel discussing the legal professions in their countries. Featured speakers will be Israeli Professor Arnold Enker and Egyptian Judge Saad Abou-Of. Professor Andrew Spangole, who will moderate the afternoon panel discussion, pointed out that the conference is scheduled, symbolically, to take place one day after Israel turns over the Sinai. Adding that "getting an Egyptian and Israeli on the same stage together is somewhat unusual," he encouraged everyone to attend. �Letter from the Editor Opinion April 22,1981 Vol. 22, No. 12 Editor-in-Chief Earl Pfeffer Managing Editor Barbra Kavanaugh Ray Stilwell News Editor: Mary Ellen Berger Feature Editor: Gary Caines, Photo Editors: Business Manager: Frank Bolz Ralph Peters Roving Art Critic: Contributors: R.W. Peters, Glen Freyer, Glenn Frank, Robin Romeo, Wendy Cohen, Ward Oliver, Steve Getzoff © Copyright 1981, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. What's Going On? Alan Rosenfeld was arrested in the halls of the Law School at a time of day that would almost guarantee an overnight stay in jail, on an arrest warrant which was almost two weeks old. Moreover, administrative charges based on the same allegations were filed more than a week after an investigation had led the University's Public Safety Department to obtain the warrant for criminal arrest. These facts raise many questions. The Office of the University President refuses to make any statements about any charges, administrative or criminal, which are pending against Alan Rosenfeld. This is understandable. However, the Administration has remained equally silent on allegations made by Rosenfeld early this month regarding certain actions taken by Assistant to the President Ron Stein and Director of Public Safety Lee Griffin. An investigation on those matters is certainly a separate issue from any of the charges now pending against Rosenfeld. Or is it? Rosenfeld was arrested on February 27 because he had refused to leave Squire Hall until all other students were out of the building. He thought that this was his responsibility as a nonparticipating legal observer. Later that day, Ketter filed a separate criminal complaint with the Buffalo Police about some obscene phone Calls which were made to his home a few hours after the Squire Hall arrests. On April 1, after an investigation of Ketter's complaint, a Public Safety officer asked for and received a warrant for Rosenfeld's arrest. The warrant charged him with aggravated harassment of Ketter. On April 14, Rosenfeld was arrested on the April 1 criminal warrant. Our questions are the following: Why was Rosenfeld not arrested until two weeks after the warrant was obtained? Why was he arrested on his way to an afternoon class, rather than being given the opportunity to go down to police headquarters on his own? If the adminsitrative charges serve a legitimate University purpose, why were they not made at the same time that the warrant was taken out? Why won't the President's Office release any statements about whether an investigation of Griffin and Stein is being conducted or even considered? Why does Dean Headrick feel it is inappropriate for the dean of a law school to comment when a law student is arrested in the halls of that law school? Two days after the arrest, Headrick told the Opinion that he was unwilling to make any statements on "fragmentary information," yet he was told about the arrest by Assistant Dean Vivian Garcia minutes after it happened. Of course, there may be very good answers for and explanations to the above questions. Rosenfeld says that he was never contacted about the warrant; maybe he missed that call. The administrative charges may be based on a separate investigation, thus explaining the delay. The Dean may recognize that he will be working with Dr. Sample and the University Administration long after Alan Rosenfeld has left U.B. Law School, and may prefer to do what he can with quiet diplomacy. We, as students, are confronted with two choices. We can ignore this entire controversy, thrust that the Administration will handle it in an equitable fashion, and proceed with our preparations for exams. On the other hand, some of us will choose to take our questions about due process and administrative discretion out of the classroom and into the halls and offices of the lofty institution that has taught us these principles. If you choose the former course, good luck on your exams. If you choose to take the latter course, and to perhaps apply some of your legal training outside the calssroom, then you can contact Dr. Sample and Dean Headrick. Ask them the questions which we have raised. Maybe you will get some answers. Letters to the Editor appear on page 10 ofthis issue. Opinion April 22,1982 ;«{ nomiqO SBer ,££ inqA 2 Do We Need Aand Newspaper? reflected the beliefs which This issue marks the beginning of the tenure of a new editorial board. We hope to continue what we believe have been significant improvements in the quality of the paper over the past school year. But we are an ambitious group, with strong ideas about the role of this newspaper in the academic and legal community we have here at ÜB. While the future direction of the newspaper and the editorial policy on all issues which arise will be collectively determined by all members of the board, I nonetheless want to share my personal views on the paper, its vital role in the law school community, and its potential for continued growth and change into a relevant, stimulating, and thoughtful journal. During the past year I have become aware of a range of sentiments within the student body regarding the Opinion. While some views are not in stuAnd those ideas will find expresbody. dent sion in the editorials and the articles which I write. But I have an equally strong commitment to creating a forum in which those with whom I disagree, even vehemently disagree, can and will express their particular points of view. Only through open and critical debate can a community become vital and produc- tive. Perhaps what I write here will be taken as gross overstatement. After all, we're talking about a law school newspaper, not a nationally important publication. Yet even within the confines of our small and artificial world of O'Brian Hall, we have community interests and responsibilities. While it remains the paper's responsibility to cover the activities and achievements of the student body, from running races and beer to moot court competitions and blasts, reflecting favorable, possibly of the paper are the hard work of the many writers who in fact academic honors, it is also our responsibility made this year's issues stimulating and rele- to debate and discuss the social issues of our vant, there remains a sizeable collection of time. Why? Because we are a newspaper, and students, some even members of the SBA the freedom to freely exercise the press is a Board and Finance Committee, who believe precious one. There are two ways to lose that freedom. that a law school newspaper is a waste of time One is to have it taken away. The other is to and money. Perhaps even more disturbing is a view, fail to use it. If you don't exercise the right to hopefully shared by a minority of students, print ideas, then it is only an abstract freedom that the Opinion caters to left-wing ideas, and and its power is lost. In keeping with this view, it is my hope to is used by a tiny group of students to expound on issues and ideas which are parochial and help create a newspaper that will cover the broadest range of events and ideas. This in<~ self-serving. To the extent these sentiments exist, I am cludes stories of interest to law students alone disturbed by them, and I take exception to as well as the reporting and discussion of events and ideas which won't likely appear in them. This paper has tried to report on the in- any of the Buffalo newspapers. terests, the activities, and the beliefs of every I personally invite all law students to parstudent in the school. If we have failed, it is ticipate in this effort. We will refuse to print the failure of student participation and is not no article. But we will also respond .critically the result of any policy of the staff. For this and forcefully to ideas with which we to be successful, it is essential that there disagree, and we invite the entire student body paper , be a broad based community interest in it and to do the same. an unswerving commitment to its publication. Earl R. Pfeffer I will be the first to admit to having opinions Editor-in-Chief What's A Mother To Do? On April 15,1982 University administrator Bruce Speller issued a policy letter which was posted on the Blue Bird buses. The letter announced the prohibition of children from riding the buses, even if accompanied by bona fide student passengers. That policy has now been changed and children on their way to and from university programs will be permitted to ride the buses if accompanied by a parent. However, if a child is merely accompanying a parent to school, he or she will not be permitted to ride the buses. [on the issue of child but it went in a The clarification of policy passengers], different direction completely was made after a phone call was intended." He agreed than from Opinion editor Barbra was Kavanaugh to Mr. Speller. Ms that further clarification needed. Kavanaugh had been informed Even with the revised policy, on Monday morning that a some parents may be however, woman student taking her seriously inconvenienced. child from Main Street to the Because there is no child care Baldy Hall Early Childhood university, parents are Development Center was told in this bring that her child could not ride the buses. Ms. Kavanaugh called Mr. Speller to inform him of this incident. Mr. Speller explained that he had "decided to take an action their often forced to children with them to school. The university provides no childcare, yet tells bus-riding parents that the children must stay home. What's a mother to do? FSRB Changes Policies The Faculty Student Relations Board is composed equally of appointed faculty members and elected students. When the FSRB was created it was given both the grievance power "concerning the entire Spectrum of law school life from whatever source" and investigatory, research and recommendation powers "on any phase or problem of school life provided that function is not being performed by another committee Any member of the law school community who is aggrieved by the actions of individuals may bring matters to us, either after settlement by parties is a by contacting the chairperson change in the traditional way or the Dean. in which the TSRB has Grievances against par- operated, though not in its ticular individuals which are powers. In changing the pracbrought to the FSRB may result tice, current FSRB members in a hearing and recommendaconclude that, whatever the tion of appropriate sanctions. equitites may have been in If the parties involved in a past cases in which there was grievance agree to some settlerelief through settlement ment before or during such a without review, it would be unhearing, that will not, in the fair to attempt to go back and future, necessarily terminate resurrect any grievances the matter. The FSRB will previously before this Board. determine whether there are independent institutional interests involved, and whether the settlement is consistent with those interests. not the within the community or con- FSRB will continue toIf cerned about problems or its jurisdiction over theexercise matter. practices within the law school Independent FSRB review ..." Persons who operated within a prior tradition which both encouraged and automatically accepted settlement will be left to the settlement they negotiated. However, that tradition is no longer available. �President's Corner Thanks for the Memories Well, it's so cold and I've been snowed in for so long, I'm not sure the ink in my pen'll unfreeze long enough to write this piece. Despite the snow on my shoulders, the Opinion people tell me it's time to wrap up for the summer and state my IN CONCLUSION. And so, without sounding boring, monotonous, or like some record that's been played too many times I'd like to say good-bye for now. A hug and a kiss and a special thanks go to those board people who worked their off all year and really put their hearts into making this year a better life for all of us; for going unrecognized, unrewarded, unnoticed and even unpaid; for really caring and doing this out of that good old down home desire to do something for someone else or somebodies else, not for their for being green khaki funny; own self-glory or selfish Jill Paperno for stirring our motives; for taking on a job political emotions; to Ron and doing the best they can Osson who made sure things plus more (golly!); thanks were done right; to Irene for especially and can he stay getting us a "deal;" to Bill forever Sherwin Suss who Altreuter who made sure we all worked his curls off, was followed Roberts' rules; to always there, and dished out Joyce Funda forgetting a difsome of the best damn advice ferent vending machine outI've heard all year; more than side the second floor' to Wing once thanks to Sara Hunt, Wah and Cindy for giving up whom all I had to know was their positions when they Recently-elected members (Caines) of the Buffalo Law Review Editorial Board that she wanted to do it and I didn't have the time to put alot knew she'd be great; and to into it; to Alan Rosenfeld for Carol Guck for running around stirring us all up; to Rocky for and having the guts to bring running and running; to all the Ellsberg to UB and for working MEN who never thought they so hard despite Negotiations; could work with a WOMAN; to Rob Turkewitz for staying and to everyone else for never involved, the bottle of wine making a quorum a problem, and moral support when I for putting up with a desire to Mendick, Dave Doherty, James by Glenn Frank thought no one cared; to Rich make this a good year. As BonMetzler, and Dave Long, Note Wiebe for busting his ass on nie Raitt said, "You didn't have The new editorial board of and Comment Editor. law revue this year and taking to do what you did but you did the One of the stated objectives Buffalo Law Review took no credit. Thanks to Tim Brock and I thank you." o.fice Monday after elections of the new board is to speed held April 8 gave eighteen the publication process. Over members of the organization the past several years the Law new jobs for the coming year. Review has fallen approxTaking over the position of imately one year behind their Editor-in-Chief is Bob Lane, a publication schedule. "The main goal of this second year student. He replaces Ed Flint, who, follow '82 '83 editorial board," said felony, and taking indecent prison sentence. The majority's ing graduation in May, will Lane, "and one we feel is sexual liberties with a child opinion was not signed, and practice in New York City with realistic, is to publish five was five years; the maximum was issued without allowing the firm of Fried, Frank, Harris, issues of the Law Review, rather than the regular four." penalty for attempted murder Davis' attorneys to file briefs Shriver, and Jacobson. To aid this process, was twenty years; and or present oral arguments. Others elected to new posi4) the Virginia legislature In dissent. Justices Brennan, tions are Ruth Keating, Ex- members of the outgoing also concluded that sentences Marshall, and Stevens said that ecutive Editor; Chris Desmond, board have collectively pledgfor crimes like Davis's were ex- they were troubled by three Managing Editor; Joe Craven, ed to remain active and to processive. In 1979, it reduced the things: first, the majority's "in- Mary Home, and Jane Markle, vide assistance to the new ofmaximum permissible sensitive" decision itself, since Articles Editors; Rich Alex- ficers as they take on their sentence for each drug offense they believed Davis's sentence ander and Wayne Cradl, responsibilities. "We would from forty years to ten. was cruel and unusual; second, Publication Editors; and Keith like to make this transition as Accordingly, the District the manner in which the deci- Bond, Alan Solarz, Steve smooth as possible," said Lane. Court held that Davis' sion was rendered, which they Sheinfeld, Kathy Jackson, Ron "The old officers have been a sentence was "grossly out of critized as another example of Weiner, Jerry Cambino, Ron tremendous help." the Court's "growing and inexproportion" to the crime committed, and was thus "cruel plicable readiness to and unusual punishment" in dispose of cases summarily" violation of the Eighth Amend- and as a "patent abuse of ment. Sitting en bane, the 4th judicial power;" and third, the A common criticism of law between consumers and merCircuit Court of Appeals af- majority's unjustified and firmed the District Court's unexplained expansion of its school is that students do not chants. After a case is referred holdings in Rummel, which on- acquire enough practical ex- to the service by the Better decision. perience. As most cases are Business Bureau, a case worker Last January, in a split decily concerned penalties imposcalls both parties to get their sion, the U.S. Supreme Court ed under habitual offender settled out of court, negotiation skills are essential for ef- side of the story. Meticulous reversed the Court of Appeals. statues. The dissent sharply fective advocacy. An excellent attention to the facts surrounThe six member majority a forty year disagreed with the majority's way for law students to obtain ding the dispute is necessary. declared that parties to prison sentence and a $20,000 view that there were no objec- these negotiation skills is by By enlightening both the other side's complaint and fine for the possession and sale tive grounds by which to judge joining the Consumer Mediaencouraging compromise, we of nine ounces of marijuana the harshness of Davis' tion Service. The organization is compriswork to assist the parties in was not excessive, was not sentence. The dissent concluda mutually agreeable reaching approximately ed of fifteen cruel and unusual, and did not ed that while legislative acresolution to the dispute. students who mediate disputes be presumed valid, Davis' constitutional tions are to violate rights. this presumption "cannot The majority stated that it justify the complete abdicawas bound by its decision in a tion of our responsibility to en1980 Texas case, Rummel v. force the Eighth Amendment." It has now been eight years Estelle. In that case the Court held that the mandatory imsince Davis received the fortyposition of a life sentence on a year sentence. His only remainman who had been convicted ing hope for freedom is to have under a habitual offender his sentence commuted by statute was constitutional. The Virginia Governor Charles majority said that a sentence Robb. short of death could only be A petition in support of considered cruel and unusual in the rarest of circumstances, Davis' efforts to secure comsuch as the imposition of a life mutation has been signed by; sentence for overtime parking. over 400 faculty members, The majority concluded that students and student groups at there were no objective factors the University of Michigan. A by which the dispropertionali- copy of the petition is posted ty of Davis' sentence could be on thedoor of the Guild office, measured, and reinstated the Room 118 O'Brian—we urge New BALSA officers (Caines) $20,000 fine and forty year you to sign. Janet Maclin, President and Dewette Aughtry, Community Liason Law Review Selects New Editorial Board News From the Lawyers Guild: The Wheels of Injustice Turn The Buffalo Chapter of the National Lawyers Guild recently received this article from the Michigan chapter at the University of Michigan School of Law. THE WHEELS OF INJUSTICE by Peter Friedman, Peter Levine and Ned Miltenberg In the early 1970's Roger Trenton Davis was singled out for investigation by the local police of Wyethville, Virginia. Davis, a resident of Wyethville, was considered by the police to be a "leader" of the "counter-culture" movement of the time. Others in this small rural community had singled out Davis for another reason: Davis is a black man married to a white woman. Shortly after their marriage, a cross was burned on the Davis' lawn. In 1974, the police arrested Davis for the possession and sale of nine ounces of marijuana. Davis was convicted, fined $20,000, and sentenced to forty years in prison. After he was denied appeal in the Virginia courts, Davis petitioned the Federal District Court for a writ of habeus corpus. Davis had four factors working in his favor: 1) the average sentence at that timefor drug offenses was three years and two months; 2) the prosecutor in the case was urging Davis' immediate release. He noted the "grave disparity in sentencing" and called it a "gross injustice;" 3) the maximum permissible penalties for far more serious crimes were much shorter than the sentence Davis received. For example, the maximum penalty for voluntary manslaughter, wounding a person in the commission of a ... ... CMS Seeks Members Missive From Carcia: GOOD LUCK ON EXAMS! Invitations to Commence- through Marie McLeod in ment 1982 are available Room 312. April 22,1982 Opinion 3 �From the NLG Grand Jury Abuse Film Grand Jury Abuse In the last couple of decades, there has been an increasing number of instances of grand jury abuse throughout the United States. Though grand juries were conceived to function as a check on prosecutors and asa way to determine the feasibility of bringing Lawyers Guild. Recently, a film was released concerning grand jury abuse. Until She Talks, a film by Mary Lampson (Underground and With Babies and Banners), is a dramatization of one woman's experience with witnesses who were subsequently jailed The three received a great deal of public support, since many had not yet forgotten the "Communist purges" of Hollywood during the 19505. The film will be shown this of their non- evening at 7:30 p.m. in Room with the grand 112 followed by a discussion with Deb Edwards, from the Ms. Lampson's own en- Grand Jury Project, Inc. counter with the grand jury is part of the background used The Guild and Nuclear for the film. In the early 19705, Weapons Ms. Lampson, along with two At the National Lawyers other filmmakers produced a Guild Convention in March, a film on the/—-Weather resolution was passed which certain cases, many citizens because have been summoned to testify in front of grand juries for other, illegitimate reasons. Many of those witnesses have been subpoenaed in the hope that they would be able to provide the government with information concerning the activities of political groups. Should they refuse to testify, they are sent to jail for con- paneled to examine information about the Weather Underground. The subpoenas were ultimately withdrawn. cooperation jury. entitled states in part: 1. The National Lawyers Underground. After comtempt. pleting the film, all three were Guild urges all nuclear In 1975, after the broad FBI/ subpoenaed to testify in front weapons states to assume Justice Department attack on of a grand jury which was imContinued on page 9 the women's and lesbian communities across the country, the New York Women's Union established the Grand Jury Project, Inc. The Project was conceived as a way of not only to publicizing the widespread SUNY's Conversation in the speakers from Yale, surveillance and harassment of those involved (even tangen- Disciplines Program, in con- Georgetown University, U/B, tially) in leftist political work, junction with the Departments and the State Universities at but of exposing the manipula- of Modern Languages and Albany and Stony Brook. Sessions, which will include lection of the grand jury process for similar purposes. The Pro- Literatures and Linguistics, will tures and discussions, will be ject additionally provides sponsor a two-day conference, held in the Jane Keeler Room, assistance to those who have April 23-24, at U/B's Amherst 107 Millard Fillmore (in the been subpoenaed to grand Campus, on American at- Ellicott Complex), from 9:30 juries, or who have suffered titudes toward foreign a.m. to 4:00 p.m. on April 23, from FBI harassment. It is co- languages and cultures. and from 9:00 a.m. to 11:15 sponsored by the National The conference will feature a.m. on April 24. Underground Language Conference To Be Held At U.B. New Albany Bill Will Protect Utility Users by Glen Freyer Coming before the Albany legislature in late April is a bill of an existing payment, billing or communication mechanism to collect funds for another group or purpose." This method of "piggybacking" funds is used by workers, in the form of union dues check-offs; by government, in the form of income taxes; by producers, who use the money for research and promotion of commodity activities; and by students, to form Public Interest Research Groups (PIRGs), to name just a few ex- for the formation of a Citizen's Utility Board (CUB) in NY state. There is a recognized need for such a board which can research rate determinants, lobby, litigate, educate and involve consumers in New York State. The implementation of consumer check-offs is a viable method for achieving a more active consumer moveamples. ment and aiding initial financAs varied as are the uses of ing of a CUB. The ability to organize, to in- check-offs, are the types of form, and to effect change, on check-offs themselves, which include mandatory, refunissues dealing with theenvironment, consumerism, and the dable/refuseable, and conpublic interest have historical- tributory. The mandatory ly been lacking, due not to an check-off is formed by a mainsufficient number of people jority vote, and has no refunds. concerned, but rather, due to The refundable is the same as an inability on the part of the the mandatory type, except organizing group to secure a that the money is refunded if sufficient funding base to one does not wish to support achieve their desired ends. If the organization. The problems concerning initial refuseable allows people to costs could be overcome, concheck off that they choose not sumer groups would be form- to pay at all, and the coned, and prepared to advocate tributory lets those who are inchange, at a greatly ac- terested make a contribution celerated rate. A proven effec- above their regular bill. In Wisconsin, 60,000 utility tive device for forestalling initial costs, and therefore allow- consumers have used the coning newly formed organiza- cept of the check-off to form a tions to stabilize, is the checkCitizen's Utility Board, which represents them before their off. A check-off is, " the use Continued on page 9 . BAR/BRI has grown dramatically over the last few years due to its unmatched success in the preparation of New York State bar examinees. Don't be misled by advertising misrepresentations or unsupported disparagement from other bar review courses. We would like to thank and offer congratulations to the more than 200 BAR/BRI enrollees in the graduating class of '82. They know our program is no crap shoot or lottery—BAß/BRI will get you through the bar exam. Ask our representatives the reasons why. . BAR/BRI Julia Qarver Judy Holender Carmelo Batista Mark Relsman Molly Zimmermann 4 Opinion April 22,1982 Joe Ruh Rick Roberts Ron Osson Ann Demopoulos Leander Hardaway Karen Russ Irene Hlrata Robin Romeo Jan Davldoff Jon Solomon Carol Quck Sara Hunt Steve Shelnfeld znemreid �mU fl ■ a. fl £ Vf I^BP*■ I fIL Bj9 iitfi HmdMß Jfl bbbbbbbbbblibbl BWr Hiid jbbbßbbbW iflrlsfl ,Jy *J|H % ■_ X. ■"* y/ J| * " ÜBm iBbl *~ |f Ip IBBFbI BayS i■Bjßr ■■p MBBmBP X, I itwß B BBb " A B> ~ ' BPP f <bbl " J JjßbH B 888 BkoIbBbBBF ™*"% \ - tß' Jbbl ji LbA : :J ' ■Fi: -' ' \«H BBBBb/ " bB BbPBBbBBbB bbhbk#bl \ * 3 J L.. jl"BBBB*Nr fl B 11 '■■ bbbbbbbmC' *Jf bM BBMBk. ■b\ V. %* |r 1 x r* -88. 1 m : BBmMbV Bak '"m ■mf I W-PftT i #1 , >. . I V ' :> f 1 :WHbbß B . BBK' "***- 888 BBBk BbV. f' X bS aßtt v BBBV JBW bbT H^'bh : BB *s\ %\JjK^m^M fl jT AJbI |L*- -*—^ "- Ptl " __J :,-«ui """"'' &: " BBF B ■ ' Hfc I BBi b\ BK * 888 # BBBhI': JI '" ■■/ 88888 X 888 1 bbbbl aBBBBB' sW i n " H*'"' BP*^" Jp - 888 BBh \ ['I',^*- ■ v»»> Br"*" 188 .JJBBBak afl BBBi w~ /» Blfl ' *tfm MMr a / J3r 'flr 188 -*"'"'Mt "H *"* * b^^B^^^^^Jl f* bbl RPp^l ?' L B? § *' Mm~ .MB X % ; SbbtBf JBBv n-' : 888 BBb HBKife _BB PPNtev IflP*' '^aiflp' man'" BBBk -■W I fl% ■ • MKr bbt :PPlßßßML«ai^i^MMhk Ajof3mrtl^B>'hi. f' ' ' " Jfif Bl: *wB Am. a "**»., 88l .mBgI *■? fl : V'wbbmbbv y&KkW flF^| ai €> i .JR 1 BBV Jv ".. fcX llfJßP*' JE B "' :L "" I iMmm HMB V H ; llir ** : *Bbl Bar*" ■ ■ BBr 'jA bbc bbb Aj :fIT .'■ ..*>■ a • ?*£k B^*..» :,>iliiißM bjpJß WSj* _.: Mm __ M iLm afl I pi f 1 If BiFBJBBa 888 tm ' bB _y -ir b_b April 22,1982 ij^w^ ■X fl 888 '' ■ Rf BKoBr jgMM^. Blfl BBBt. Bbb Opinion 5 �H -J Graduation Activities Congratulations May 22- Cocktail Party at the Marriot Hotel. Time 5 p.m. - 7 p.m. and Open to all students, families, guests, faculty and staff. Best Wishes - May 23 Graduation at the Statler Hotel. for a happy, Ceremony starts at 1:00 p.m. All graduating students should be at the Statler by 12:00 for preparation and healthy lineup. life. — The Student Bar Association — Post graduation toast immediately following ceremony Congratulations & Good Luck M@bil GOOD LUCK SENIORS 6329533 JOSEPH 808 AND DON'S MOBIL SACCOMANNO 1375 MILLERSPORT HIGHWAY PHOTOGRAPHY (NEAR MAPLE) AMHERST. NEW YORK 14221 4260 CAMP RD. 808 KAISER DON LODER CONGRATULATIONS CLASS OF *82 LAW STUDENTS THANK YOU FOR YOUR PATRONAGE ACCU-TYPEsetting Resume Service 47 Christine Dr. - Town of Amherst 691-7480 • HAMBURG NY 14075 • 716-627-5416 Your Senior Portrait Photographer Congratulations and Good Luck to the Class of '82 BAR/BRI Opinion 6 April 22,1982 �ti®, v Vloral Shop 3075 Sheridan Drive Amherst, NY 14226 Northtown Plaza MARGARET A FECHTER University Press Ramblin Rose 833-3136 Full Service Florist MIKE'S SERVICE ALL TYPES OF CAR & TRUCK REPAIRS FOREIGN & DOMESTIC CORVETTE WORK has been happy to serve you through your Law School career. Remember as alumni our services are still available. RESUMES • INVITATIONS • STATIONERY • TYPESETTING - Monday through Friday, 9:30 am 5:00 pm 60S. Harriman • 831-2588 CoogßatalatioDs Class op 1982 — When you ane studying por youn BAR Reraembeß ogir BAR — — — Mike Currier 836-9765 Central Park Grill PROP. 4291 Maple Road (Corner Sweet Home Road) 2519 Main StßeeC Bullfeathers Lodge 3480 Millersport Highway Congratulates the Class of U.B. Law School We 'II see the rest 1982 ofyou next year! April 22,1982 Opinion 7 �(w , , ~/.,„'....U.' -fl fl BB LmBBBmI it i *~ " jt J? aH! • I.fl «. BB fl| Bk L ■B B JPtjja„ jr -Jlfl £-Jfr<m\ Biw Bli ' V* >'V "" # T Bcv ln|r % laf—Mb flfl Br \ Bfl iff If fli bbW - aBBBB BBV BBT hW flflfl BBL * -m J ibb J * I mW -akJ BBr> fl Bl fIiLV" Jfl 'flWak 888. r/' - B .: « aSPtf- >BaY —v 888 bW IT kr\ ■ * j ™ -aV BBußfl ■ ■ IvW. aafl fl BB r IB JBBj. 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B* aBM BBBmMBBB BBJ B Ml BJ —*** 4 BbßbßbV MBBBBV . *■-■■.. ......■.,,. ■:- ■""■"r BBT at i 884 1 fl mi ~ Bl .aBBB Ml B B H I bbbW |X- ~BbB jßb B m H M aafl Br * iB mBbB -aßÙ*l BhF H bTMB fl 888 i*fl If ■■■■■■ BhhBBBbI 888 88888 B BI B BB BL!' ■ ■ H MM. ' S* BBk. BfIBBVB 1 .' ' B ■J888 ::■ ' mBBBBV -BBmBBBBbs. ::.L::: -*'■'■'■ aaflfl Bbßbi '"'"' *■' Bk «y^^ V^ 1 fl Bjp"^ Jfll a - jbt'^^Bbbbl X^BBBjY BT ~* '"' * #pif j' b i ,i ' **t �This Weekend . . . Rockin' Bonnie Shakes Shea's by Barbra Kavanaugh Although this weekend will begin a week of intensive study for many law students, there are a few events on campus for those students who have kept up with all their reading, attended every class and finished their outlines by February 28. On the other hand, for most of us, the activities may be just the excuse we need to put off studying for just one more day. For those who feel less guilty when their entertainment is law-related, Eric Berkley's Concord opened last night at U.B. Center Theatre, 681 Main St. and will run Wednesday to Sunday through May 2. Tickets are $5 for general admission and $3 for students, senior adults, U.B. faculty and staff (with IDs). Bentley, an internationally- renowned playwright, drama critic and Brecht translator. describes his play as "a courtroom comedy—with some sinister overtones—of which the open secret is that the crime has been committed by the judge himself." Those students whofeel that "law-related entertainment" is a contradiction in terms and have a taste for culture may enjoy the U.B. Workshop's presentation of Mozart's two-act opera. The Magic Flute, 800 p.m., Friday and Saturday, at Slee Concert Hall (Amherst Campus). Tickets are $5 general admission; S4. U.B. faculty, staff and senior adults; $2 for students, available at the door only. Samuel Beckett's Cascando, a two-character dramatic piece for musk and voices, will be performed at 8:30 p.m. Saturday and 7:00 p.m. Sunday at the Buffalo Entertainment Theatre, 284 Franklin St. Admission is $6; $4 for students and senior adults. Also on Saturday, a Dancers' Workshop, featuring works by student choreographers, will be held at 800 p.m. in Harriman Hall Theatre on the Main Street Campus. Tickets are $2.50 or $2 for students, available at the door. Finally, on Sunday night. Toots and the Maytals, a reggae group, will perform at 8:00 in Clark Gym on the Main Street Campus. Tickets at $3.50. students and $5, nonstudents, are available at the Harriman Hall Ticket Office on Main Street Campus, Rude Boys Cafe. The Record Co-op (Capen Hall), Buffalo State Ticket Office and Record Opera Theatre on Main Street. Help for Users .. . Continuedfrompage 4 a later date for insertion of the Public Service Commission CUB mailers. (PSC). In its first year of existence, it has already successfully saved gas, telephone, and electricity consumers more than 14 million dollars in rate increases. Through legislation. the' utilities are now required to insert a small mailer in their bills whichasks, "If you're mad as *?!@ about your utility bill. join CUB." Consumers can then check-off a specific box and join CUB for a small membership fee. By having the utilities incur the initial mailing costs, which Wisconsin utility executives have admitted were virtually costless. With figures projected from Wisconsin, it is conceivable that a million dollar corporation could be formed in New York State with a membership of 200.000. That money would then go to hiring lawyers who are experts in rate base determinants to intervene before the PSC on behalf of the consumer. These lawyers would be directly accountable to an unpaid, membership elected, board of directors. Due to the nature of check-offs, the board would have no ties to government, would not use state tax dollars, and would be more acthan any countable CUB was able to establish bureaucratic or regulatory itself and re-pay the utilities at agency. by R.W. Peters Bonnie Raitt and her Bump Band and the John Hall Band took Buffalo by storm last Tuesday night, playing before a capacity crowd at Buffalo's Shea's Theater for three footstomping hours. John Hall, late of Orleans, opened the show with an eclectic selection of music. Picks included the old Orleans tune "She's The One" and the no-nukes anthem "Power." Hall is travelling with an ex- submit no grade before Its ttme '. ) J looking great as usual —black jeans, boots, green shirt, thatfabulous mane of red hair. A tiny woman who knows how to play a crowd. With the exception of Dennis Whitted on drums, she's got all new personnel in her new group, having dropped Freebo somewhere along the way. One thing that hasn't changed is Bonnie's sassy manner. The California-based Old Grand Dad, and Camel cigarettes, Ms. Raitt still has a soaring, emotion-packed voice that seemed almost too big for Shea's. Skinner's sax playing was. quite simply, tremendous. Dressed like a beat character out of Kerouac's The Dharma Bums, he didn't miss a beat the entire evening. For most of us raised on the Clarence Clemmons school of effective but simple sax riffing. Skinner's songstress remains partial to playing was a promising inlow humor and the occasional dication of what a proficient cellent group of musicians; salacious remark. The au- sax player can add to rock. special recognition, however dience came expecting nothing In the course of Bonnie's should be given to the band's less, and hooted and hollered hour and three quarter set, she throughout the evening. bald keyboardist. Bill Luckenplayed "Three Time Loser," baur. This fellow, aside from Bonnie's band, comprised of "Hunk of Love," "Guilty" and his ability to really tickle the Whitted, lan McLagen the Eric Kass classic "River of ivories, was also blessed with a (keyboards), Roy Ohara (bass), Tears." This reviewer was superb voice. Hall's band sounded tighter than the Bump Band —I don't know whether this fact was due to their respective expertise or differences in the mixing backstage. After a more than respectable round of applause for John Hall Band, Bonnie came Ricky Fataar (rhythym) , disappointed that she didn't Johnny Lee Schell (lead), and get around to one of his perRufus Skinner on saxophone, sonal favorites, "Love Has No were more than competent to Pride." play Raitt's brand of raunchy Bonnie came back for two blues and folk rock. The two encores, her last tune being the best instruments on stage that Sam and Dave standard "I night were Bonnie's powerful Thank You," which is just voice and Skinner's saxophone. about the way this fan felt on After ten years of touring, leaving Shea's. Letters to the Editor We Couldn't Do It Without You Open Letter to all Law Students: ment appeared and showed us how little we knew about stage lighting. Several apologies are We would like that take this also in, order. We completely space to thank everyone who misjudged the length of the helped out on Law Revue. The show. The audience was obshow would not have been viously getting restless so we possible without the help of a picked an arbitrary point at great many caring people. We which to stop. As a result thank you. We would also like several very good acts were to specially thank Brad cut out of the show. ContinuRiendeau, who at the last moing would have been unfair to ... both the audience and to those of you waiting to go on who had put such hard work into your acts. We sincerely apologize. We hope that everyone enjoyed Saturday evening. you all for coming! Thank Lett Shein Rich Wiebe . . . But We Did Anyway To.the Editor: As a near-participant of Law Revue '82, I would like to offer my comments regarding both the show and your recent critique[Opinion, April 8,1982).' "As there were over forty acts scheduled, it would be impossible to mention and praise each performance individually," the article declared. Impossible indeed, since most of the second and all of the third act (excepting Nude Law Professor of the Year) were cancelled. To those of us who / I will on, were in the second and third the floor to begin dancing. acts, who had juggled It was obvious to those of us schedules and cancelled other who were cut that we were commitments to practice our outranked by upperclass law routines or make props, this students, some of whom apomission was an affront; more peared several times over in insulting was the utter the first act. Is this the reason disregard with which it was why the dedicated producers done. No announcement was "have not allowed their names made that we were going to to be released to the press"? get the axe, and certainly no Perhaps they have decency the apology, but it became rather not to take credit where it is evident that the show was over clearly undeserved. when, after the Nude Law Professor awards, the majority of Sincerely, the audience left and those remaining were invited out on Barb Barton National Lawyers Guild Contnued frompage 4 responsibility for reversing the nuclear arms race by entering into serious, good-faith bilateral and multilateral negotiations to stop any further development and deployment of nuclear weapons; to substantially reduce existing nuclear weapons arsenals; and to join in formulating an international convention for the complete elimination and prohibition of all nuclear weapons; and 2. The National Lawyers Guild will assist in efforts to oppose Executive and Congressional appropriations and spending for the creation and production of new and more sophisticated nuclear weapons technology. In furtherance of these resolutions, a network of nuclear disarmament committees of the various National Lawyers Guild chapters is being developed. We would like to start a committee through the Buffalo chapter, which ... could do the following: a. plan educational pro- grams, b. reach out to other legal organizations and anti-nuclear groups in the Western New York area; c. do support work in the areas of litigation and legislation and push for electoral referenda consistent with the resolution. If you are interested in organizing and working on this committee, please leave a note in box 604. April 22,1982 Opinion 9 �Albany Cuts Imperil UB Essential Services by Wendy Cohen SUSTA, the supplemental tuition award program for law students, will be eliminated unless the State Legislature overrides Governor Hugh Carey's veto of funding restorations for SUNY. The full impact on the law school of the funding cuts outlined for SUNY in the Governor's annual Executive Budget is still speculative. The only direct affect will be the elimination of SUSTA aid, a form of supplemental financial assistance given to the law school's neediest students. About one-quarter of U/B law students receive SUSTA. $13.5 million was restored to SUNY by the legislature, but Governor Carey has vetoed all funding restorations. SUSTA aid, slated to be eliminated by the Governor's Budget had been restored by the Legislature with an increase. Law School Dean Thomas Headrick said that while it is foo early to predict whether the Legislature will override and restore some cuts, some budget cuts will remain. Budget cuts to the University at Buffalo, estimated to be as high as $30 million, will also have an indirect impact on the law school. Hardest hit will be personnel services throughout the university. Headrick stated that if the cuts aren't restored, then "obviously there are going to be some lay-offs. I can't predict at this time how much of an effect they will have on the law school." "We've got three offers out to new faculty," the Dean continued, "two are replacements, and one is a new line. They won't be affected by the cuts. The budget will be cut elsewhere." What may have to be cut are part-time appointments, upperclass courses such as trial technique, and clinic programs. However, "on the plus side, we're further down on the list to be cut'than other university divisions," Headrick noted. He attributes this to the law school's reputation for high quality, and the fact that the university is aware that the student-faculty ratio for the first year program is too high and that faculty increases are needed. Dean Headrick urged students to write to their legislators to support overriding the Governor's veto of the SUSTA restoration. While the letter writing campaign would have on the school, the Dean pointed out that while first- and second-year students might be able to take out larger loans or increase their work commitments to finish school, future students and applicants will be most affected. Next year a small number of students might be lost to other law schools giving more financial aid, and in the future the cuts will impact on the pool of applicants. Through lack of financial aid, "the really poor students will be squeezed out of our application pool, making this a middle and upper-class law school, like the private schools in the state," said Headrick. He conducted in February by the Student Bar Association definitely helped, he is still concerned over lack of student participation. Stressing that if SUSTA is eliminated now, it will be doubly hard to restore in the future, he commented "students misunderstand how much help several hundred letters can be. A response of hunadded that the school's dreds of letters on a subject strongest argument for SUSTA like this is enormous." is that "students who have the and Discussing the potential imintelligence the pact the elimination of SUSTA background shouldn't be deprived of a chance to go to law school." If the SUNY budget cuts are not restored by override, their effect on U/B may be minimized by SUNY Central, which has the authority to reallocate cuts among the system's units. While such reallocation has been a remote possibilty in the past, the Dean said that it might be a more realistic one thisyear because the cuts have been recognized to fall particularly hard on U/B. Headrick said that one theory that has been advanced to explain the disproportionate cuts to U/B is the school's high enrollment, cuts to Buffalo may be directed towards trying to keep the school's enrollment down so that private schools can sustain themselves. However, the Dean noted that private schools will also be hurt by the state budget. While the law school may be "among the last to be looked at in terms of cuts," Headrick added "we are not immune." Other divisions of the university, such as engineering, had rapid increases in student enrollment, and are in need of faculty increases. If we had a stable budget, the university could respond to these needs, but if the cuts are deep enough, the whole university will be hurt. The Budget cuts will also have a negative impact on the law library, according to Law Library Director Kathleen Carrick. The law library, which is part of the University-wide library system, will lose one staff line, and its acquisitions budget won't really meet inflation increases in book prices. Director Carrick noted that anytime you lose a full-time person it is difficult, especially since temporary services money used to hire student aides has been frozen. The freeze in temporary services money has lead the A-V department in the library to reduce its hours, but the freeze is not permanent and not expected to affect library hours next semester. Budget cuts will also prevent the library from getting new equipment, and librarians won't be able to at- tend out of state conferences and be reimbursed. Carrick concluded hopefully that just as the university has realized the law school is a priority graduate program, they have also realized the importance of the law library. Student Arrested Continuedfrompage J ... don't think it is the place of the Dean of the Law School to be an independent investigator or advocate each time a student reviewed by President Sample gets into trouble. I will try to who may reject the hearing be neutral and do what I can." board's recommendation only Dr. Sample was unavailable upon "substantial evidence." for comment, although AssisAccording to Dean Thomas tant to the President Harry Headnck, "my understanding Poppey said that "the case, is that the Law School doesn't any part of it whatsoever, is grant the degrees. The Univer- pending so there will be no sity grants them and if socomment whatsoever." Popmeone is not a student in good pey also responded "no comstanding they can withhold the ment" to questions about degree. So if someone has Rosenfeld's request for an infinished all the course re- vestigation into statements quirements, I guess they can allegedly made by Assistant to hold up the degree until the the President Ron Stein and student is in good standing Director of Public Safety Lee again but the timing will effect Criffin to Dean Headrick eligibility to take a bar exam." about Rosenfeld's conduct at The Dean refused to make the last Squire Hall rally. any statements about Rosenfeld requested Dr. SamRosenfeld's arrest, saying "I ple to conduct an investigation prefer not to talk about things approximately one week I don't know much about. If I before the administrative had a full appreciation of the charges of disruption and facts. I'd be willing to make a harassment were filed. Stein statement, but I have only and Criffin were also fragmentary information. I unavailable for comment. to graduate if that decision is to suspend or expel him. Either of those decisions must be Opinion 10 April 22,1982 �Registration forms for trie NYS Bar Exam will be available through the Registrar's office. Watch for notices beginning the first week of May. MPRE tapes and materials will be available during the summer for the August 13,1982 exam. The Irving Younger CPLR course will be available during the summer upon request. For information contact any of our representatives. During the summer, direct all inquiries to mailbox number 587. BAR/BRI Tht> most popular bar review course in every law school in New York State. There is a reason why. UUAB CONCERTS presents AN EVENING OF REGGAE UUAB Coffeehouse presents GEOFF BARTLEY TOOTS & the Maytals with Special Guest HUMAN SWITCHBOARD Sunday April 25 8 pm CLARK GYM Tickets: $3.50 students $5.00 non-students Tickets on sale at Harriman Ticket Office (UB), Buff State, Festival, Record Theatre, Rude Boys Cafe, & Record Coop (Amherst Campus). Saturday, April 24 8:30 pm Harriman Lounge (MSC) Tickets: $2.00 advance $2.50 day of show On Sale at Harriman Ticket Office April 22,1982 Opinion 11 �Year-End Awards and Other News from the Sports World by Steve Getzoff Having reached the conclusion of my first full season as a sportswriter, it seemed appropriate to present a few awards to those figures in the world of sports and related enterprises who have so thoughtfully provided this writer and countless others with material throughout the year. The winners, chosen for absurdity and assininity, are as follows: The Prehistoric Revival Club Award goes to the Philadelphia Flyers for their performance in game three against the Rangers. The Flyers nearly set the game of hockey back 10 years with their high sticks and assorted Neanderthal tactics, and as usual reserved their best hitting for play stoppages. The Best Impersonation of a Five-Year-Old goes not to John McEnroe this year, but to Magic Johnson whoranted and raved until owner Jerry Buss agreed to fire coach Paul Westhead. If Ralph Sampson (equally juvenile) gets his way afld joins the Lakers next year, the team will probably have to hire a den mother to serve them milk and cookies after practice. The Worst Application of the Steinbrenner Theory goes to the Cleveland Cavaliers, who thought that purchasing superstars in bulk for exorbitant sums was the way to win the NBA title. Unfotunately, bastketball is a bit different and Cleveland is left with Wilkerson, J. Silas, Wedman, James Edwards, a 6.5 million dollar annual payroll and a 15-65 record. Their only competition this season is from the San Diego Clippers who pursue a first round draft pick with the same vigor shown by teams fighting for a playoff spot. The Howard Cosell Arrogance Award goes to the NFL Players Assn. who maintain that they "are the game." Without a 2 billion dollar TV contact and millions of season. Finally, the Allied Van Lines Award goes to the Montreal Canadiens. After the embarrasment Montreal suffered by losing to cross-province rival' Quebec, Les Habitants would be well advised to pack up and play in Newfoundland next year. viewers to watch, most of these guys would be teaching * * * 4th grade phys. cd. to suppleThe conclusion of the first ment their unemployment round of the NHL playoffs has checks. left us with two groups of four The "Missing" Award goes teams. The four best teams will to the management of the Bufplay until one is left and the falo Sabres who should be re- four worst teams will do quired to account for the likewise, and the best of the mysterious disappearance of winning teams will play the tickets to several games this best of the losing teams. Any year, especially the night Gret- further commentary on this zky came to town. Over 3,000 phenomenon is superfluous. tickets were slated for public What is worthy of comment sale on February 3rd but when are some of the developments the windows opened that mor- in the first round of play. Most ning only 88 tickets were there. notable was the remarkable The Sabres claim group sales performance by Quebec goalie accounted for the remainder, Dan Bouchard, winning his but groups do not purchase first playoff series ever, almost isolated seats, and Sabre group singlehandedly against the sales never exceed 1,000 per Canadiens. While this was gogame in their best seasons. ing on, Michel Dion was perLogic and sources suggest forming similar feats for Pittsome inside trading the likes of sburgh at the expense of the which have not been seen NY Islanders. As the tale of since the adoption of the two goalies went into overFederal Securities Acts. times, it was Bouchard's NordiThe Best-Kept-Secret Award ques who pulled off the upset, goes to Red Holtzman, alleged while the Penguins will have to coach of the New York Knicks, again be content with giving a who retired over five years ago far superior team a dreadful but has yet to tell anyone. scare. Even the team's practice sesThe western half of the sions resemble schoolyard league is left in a state of disarbasketball, and it is doubtful ray largely because of the bigthat he has developed a set gest upset in Stanley Cup play in the last five seasons. playoff history (Edmonton had The No-Place-Like-Home 48 points more than L.A. this Award goes to the Detroit year). Gretzky and Co.'s Lions and Denver Bronocs, freewheeling offensive style both respectable teams who left little room to the concept nevertheless combined for a of defense. Unforgivable sins 3-13 record on the road this such as allowing 10 goals in a playoff game and blowing a 5-0 lead in 20 minutes in another game were committed and thus the Oilers are amongst the first to break out the golf clubs this year. The Rangers overcame the Flyers' aforementioned tactics and a disastrous performance in game 1 to take the series 3-1. The Flyers made their annual third period comeback in a desperate effort to prevent elimination and as in past years fell just short, leaving the Rangers, with some mysterious additions such as Cann Commer and Bob Backman, to face the Islanders—One Mo' Time. So much has been written about the Sabres' early demise against Boston, but one local DJ put it best when he wondered how many fans will be willing to subscribe to a Video Season Cable package next year. The Sabres are still a good team, just not as good as the Bruins. While there is substantial room for improvement, one can only hope that Bowman does not panic like Francis did in N.Y. eight years ago. It took the Rangers half a decade to recover. *The out last * * Courier-Express came week with the ten- the Giants will make a leagueleading four national appearances including the Turkey-Day classic in Detroit. The Jets are also slated for two Mondays and a Saturday, while Super Bowl runner up Cincinnati only makes the national scene twice. If past history is any indication, the sudden rash of national exposure is usually detrimental to a team, not to mention the ABC ratings. The reason I referred to the new schedule as tentative is the continuous lack of progress in the NFL playermanagement negotiations. It seems they can't even agree on how to debate the preliminary matters. One would think the experience last summer would have taught all a valuable lesson, but apparently the warnings go unheeded. For those so engrossed in their finals so as not to be aware of the essence of the dispute, the players want 55% of the teams' gross receipts, rather than the 35% currently allotted for such purposes. While the Players Association is remaining stubborn (and in fact is filing two unfair practice suits, one gainst the league and the other against the N.Y. Times for taking a survey of the players with phone numbers having been obtained from the NFL), one can't help but think that management is not about to let 2 billion dollars worth of TV revenue slip through their fingers. In addition, there is no precious "strike insurance" fund, such as the one which kept the baseball owners from bargaining in good faith for much of last summer. About the only thing to be done at present is to wait and hope my successor tative NFL schedule for next season. While each team's opposition is predetermined based on their position in the division, it was interesting to see that the Giants, Jets and Bills virtually dominate the nationally televised "off-Sunday" listings. Buffalo, who has proven that they play much better when left with a Sunday-toSunday schedule (9-0 on seven days rest, 1-6 with more or less) is again on twice on Monday night and once on Thursday, while the Giants will host a has something to write about Monday Nite Game for the next fall. first time since the advent of the concept in 1970. Overall It's been surreal; good luck! BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS It's RACE JUDICATA The Other runners finished second . Knowing how to analyze complicated essays, confusedly combining several fields of law, and writing coherent, logical and consistent answers thereto, can make the crucial difference in passing the Bar Exam. Why not get the feel of 16 very difficult Bar Exam questions before the Feb. or July, 1982 Bar Exams? Thousands of students, for the past 40 years, have been convinced that the approach analysis and style techniques and methods they need at THE KASS PROBLEM ANALYSIS CLINICS were essential to their success on the Bar Exam. Six successive Sundays, starting June 6, 1982, from 1 to 4 p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, N.Y.C. Tuition: $125 for taped Buffalo clinic, see UB Agent: Aldrlc Reid " - - — Leo Finucane finished first... And everyone ebe finished Photos by Moran 12 Opinion April 22,1982 (he beer. KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH3-2690 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Fifty teams from law schools all over the country competed in the national competition. petition Non-Profil Organization U.S. Postage PAID Buffalo, New York Permit No. 708 The issues concerned the constitutionality of the Federal Speedy Trial Act, and the At- wards of the D.C. District Circuit Court of Appeals, and Chief Justice Branch of the torney General's standing to North Carolina Supreme Court challenge the constitutionality also judged the final round. of the Act. The team from the UniversiEach team competed in two ty of Detroit ws declared the preliminary rounds. Winners of winner of the competition, he rounds were determined on with Univerty of South Texas the basis of the oral scores coming in second. The award for Best Brief was won by the (60%) and the brief scores contingent from the University (40%). The winning teams of both rounds went on to com- of Alabama. Mark and Elizabeth advancpete in the intermediate round, which consisted of sixteen ed to the quarterfinal round, teams. The final round was and thus tied for fifth place in judged by Justice Stevens of the competition. Mark Klein the United States Supreme also won the award for third Court. In addition, Justice Ed- best oralist. Elizabeth Freedman, Justice Stevens and Mart Klein at Chapel Hill, North Carolina Opinion Opinion O'Brian Hall John Lord SUNYfB, North Campus Buffalo, New York 14260 The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken Volume 22, Number 11 State University of New York at Buffalo School of Law April 8, 1982 Dean Calls For Established Observer Procedure by Wendy Cohen Following the controversial arrest of a law student acting as a legal observer at last month's Squire Hall sit-in, Dean Thomas Headrick is recommending that guidelines be established to govern the of legal participation observers in the future. Eight law students attended last month's final Save Squire Hall sit-in as non-participating legal observers at the request of the Save Our Squire (SOS) Committee. One observer, third year student Alan and suggested that observers in the future might also include faculty and staff. Speaking generally about the presence of the law students at the sit-in, the Dean said "There was a general expectation that the law students would not be seen as participants, and as long as they didn't take any action that violated that expectation, they would be free to stay." Alan Rosenfeld, was arrested and temporarily suspended when he insisted upon remaining in the building to observe the arrests thirty-eight of demonstrators. "Unfortunately, there are really no rules governing the status of legal observers at events such as the Squire sit-in," said Headrick. Promising to pursue the matter with the University's new president Steven Sample, the Dean commented, "Something should be written down. Procedures should be established if we anticipate situations where arrests may result. The University should take some steps to Law student Alan Rosenfeld (Moran) "pro- Rosenfeld's was bably a violation of the expectations the students and I had," Headrick continued. However, it should be acknowledged that the observers "were there at the sufferance of security and university officials," he said, adding that the officials "had a legal right to request they leave. I wouldn't contend in these circumstances that the university officials did arrest find neutral observers." While noting that generally it's "a good thing for law students to volunteer their services in the interests of the community," and the eight legal observers should be applauded, Headrick stated, "There are differences of opinion about the value of legal observers, and who should serve in that capacity." For ex- anything wrong." ample, he said that "People "Justice is not served if might find some fault in pure courts are left with the self-selection" of observers. evidence only of student par- and officials," Headrick pointed out. He con- ticipants cluded that only if "people who are acute, understanding, and with no axe to grind are available to testify will justice be seryed." Commenting on the prospect of establishing procedures to choose and regulate future legal observers, Alan Rosenfeld noted "it will obviously help to have an agreement from President Sample that legal observers will be respected in the future as they were in the past," but stressed "It would seem highly inappropriate for the university administration to have any role in selecting or authorizing observers who would essential- Dean Headrick states (Opinion file photo) ly be there to be witnesses student expectations violated against them." Rosenfeld sugPresidential Commission has graduates in May, but Sample gests that "Each side, protestors and administration, recommended that Rosenfeld has yet to rule on whether to should be able to select its be put on probation until he accept the recommendation. own group of observers. The administration already has that right." Rosenfeld pointed out that Sample administration or the if the Dean chose future observers, the student pro- testors would be reluctant to trust them, and would still want to bring in their own observers. He added that it would be reasonable for the Dean and President to draft a set of rules of behavior for the observers, rather than attempting to choose who should be observers. Alan Rosenfeld was suspended by former University President Robert Ketter immediately following his arrest at the sit-in, but his suspension and the suspensions of twentyseven other students were lifted by incoming President Steven Sample. The University Speaker Daniel Elbberg addresses SRO crowd in ÜB's Moot Court room. (Moran) �Vol. 22, No. 11 Opinion Professor Clears Things Up April 8,1981 Editor-in-Chief Ralph W. Peters News Editor: Feature Editor: Photo Editors: Business Manager: Barbra Kavanaugh Earl Pfeffer Gary Caines, Kevin Moran - Frank Bolz Staff: Wendy Anne Cohen, Marc Canz, Steven Cetzoff, Marty Miller, Alexander Plache, Rick Roberts, Robin Romeo, Joe Ruh, John Stegmayer, Amy Ruth Tobol Contributors: Rocky A. D'Aloisio, Vivian Garcia, Lorraine Koury, Ray Stillwell © Copyright 1981, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo Nix Plans For CUNY Law School Just when you thought the SUNY boys had accomplished their quota of stupidities for the year, what with the Squire fiasco, along comes news that the oft-spoken of second statesupported law school is past the planning stage and will be opening its doors as early as 1983. Opening up another law school in New York State is, quite simply, asinine. New York State is already oversupplied with both law schools and lawyers. Adding another "Faculty of Law and Jurisprudence" to the pack would be like opening a Frigidaire outlet in Point Barrow —there is simply no need. Perhaps more importantly, money problems dictate this plan should be aborted before a single back-hoe lumbers to the proposed construction site. The State University system is currently in dire straits because of the lack of commitment by the Carey Administration to publically-funded education. Even now Buffalo Law School must scrap for its allotment (e.g. SUSTA). Another educational institution competing for a piece of a steadily shrinking pie can only have a deleterious effect on this institution and the quality of education we receive. In an era of declining employment possibilities for graduates of four-year baccalaureate programs, a growing number of students are seeking professional training as a means of securing for themselves some measure of economic security. Law School is a preferred option for many, as witnessed by the recent upward surge in applications to this institution. But the solution to a stagnating employment picture does not lie in expanding the flock of be-vested lawyers. A Queens law school is certainly not an answer to the economic malaise which is cur- rently devastating this state. So, let's hold off on opening that new law school, at least until someone discovers another Prudhoe Bay off Coney Island. OPINION ELECTIONS all positions open Today3pmßm.724 "Rights of the Press' Panel discussion sponsored by Group Legal Services Wednesday, April 14. 1982 258 Capen 7 pm Everyone Invited. i 2 — Opinion April 8, L9&2 To the Editor: college to the exclusion of matrimonial matters that came in other, more serious, pursuits, it cases Those into the office. no I wish to correct two errors probably accounted for of percent twenty which appeared in an other- more than time. my even arflattering wise fair and Although I had a few romanticle about me in the Opinion relationships while in coltic 17,1982. on March exWhile associated with the lege, my failure to read ashave would I tensively as of Prisoners' Buffalo office Legal Services of New York, I preferred was not due to those did not handle mostly relationships. If I did one thing was that I went to the movies. that I have never been very interested in rock and roll.) (It is true Sincerely yours, John N. Lipsitz PS. I hope that you publish this letter. Upcoming Events Announced TO: The O'Brian Hall Community The Second Annual Honors Convocation will be held on Tuesday, April 13 at 2:00 in the Moot Court Room. Students who have done outstanding work during their first or second years will receive positive reinforcement, some of which they can bank on. TO: First Year Students Those of you who could not make the organizational meeting of Orientation, Fall 1983-the Class of 1985 still wants your One-L wisdom. Visit 311 O'Brian. TO: Second Year Students Helene Hamlin & company are organizing for thrid-year activities leading up to and including Commencement 1983. Ideas and preliminary energy are needed —yes, already. presses allow. TO: Graduating Seniors: I will be delighted to enterPhotos for the Class of 1982 composite will be taken from tain any other questions about April 12-14 in the jury room. Commencement so that the Look for the portrait sitting Committee may apply some of schedule in the mailbox room their bountiful energies to and sign up if you are in- academic work as well as to making your final days at UB terested. Law happy ones. To allay concerns over Commencement, its location, and whether tickets will be required for Aunt Tillie et al: it begins at 1:00 p.m., Sunday, May 23 in the Golden Ballroom of the Statler Hotel. After much investigation and deliberation, the Commencement Committee chose to avoid restricting invitees and The board passed a resoluto gamble that we average tion to the manner in which the four guests per graduate. (Not Academic Policy and Program a longshot as national law Committee (APPC) formulated school commencement atten- the first-year curriculum for dance statistics go, you know.) 1982-83. The student members There will be invitations of APPC desire more input into available —about which more the curriculum formulation when the bureaucracy's process. "RESOLVED, the Student Bar Association objects to the manner in which the Academic Policy and Progrm Committee TCIF party from which they (APPC) functioned this year. will be able to view the start Specifically, the S.B.A. Board and finish of the race. of Directors (The Board) obTimes will be provided for jects to there been only those who like to run com- meeting in which student petitively and awards will be representatives to the APPC given to the top finishers for had an opportunity to voice both the men and women run- their opinions before the faculners. Among the pre-race ty finalized the 1982-1982 firstfavorites are some of the run- year curriculum proposal. The ners who finished in the top of Board believes that students the field of the race when it should play a greater role in was last held two years ago. setting educational policy of These runners include Leo this law school. The APPC Finucane, the 1980 winner. failure to allow meaningful Ward Oliver, Paul Campano, student involvement in Glenn Pincus and Mike Doran. academic policy making leads Rocky D'Aloisio is also ex- the Baord to conclude that it pected to put on an outstan- would not be' appropriate to ding performance. endorse the APPC's 1982-83 curriculum first-year proposal." SBA on APPC Race Scheduled by Rocky A.D'Aloisio The "Race Judicata," a 2.7 mile run open to all law school faculty, students and friends will be held on Friday, April 16. The start is set for 3:00 p.m. in front of O'Brian Hall, the run is being coordinated withan SBA party on the third floor. The purpose of these activities is to provide an event for faculty members and students to get together and have some fun and relax. Runners are encouraged to enter no matter what pace they enjoying running at. Non-runners should attend the third floor Late Grade Reporting Causes TAP Snafu The University Office of Student Accounts has mistakenly rescinded the tuition Assistance Program (TAP) grants of a number of law mistake. If your spring Student Accounts bill shows a charge equivalent to the amount of previously credited Fall 1981 students. The affected TAP, or if Albany-notified you students should alert Student of your ineligibility, you Accounts and the law school should: Office of Admissions and — Notify Helen Crosby in Records in order to reverse the the law school Admission and mistakes. Records office, O'Brian 304, regulations, new state Under that you have been affected by TAP recipients must have 12 the new regulations; and graded credits on file at the — write a letter to Student end of a semester to retain Accounts, in Hayes A on the for that eligibility TAP semester. The delayed grading Main Street campus, stating of some law school courses led that your TAP was mistakenly to the decertifiecation of some rescinded, and asking that any fall 1981 TAP recipients. All af- resulting late charges on your fected students should have account be removed. received a letter from Albany Additional details on the or a charge on their Student TAP snafu will appear in the Accounts bill reflecting the next edition of Opinion. International Law Society Elections April 14th 1:00 pm Room 604 �Uncertainty As To Loans And Grants Continues by Ray Stilwell this information arrives, he ed GSL application ready and said, UB cannot compute available earlier than July 1. In New and continuing law campus-based awards such as the meantime, he said, UB can students will probably not see National Direct Student Loans accept GSL applications for their 1982-83 financial aid or work-study grants. the current year and for sumawards until after the end of Applications for the GSL mer sessions that begin prior to the current school year, and program can be made in- Julyi. they may not be able to apply dependently of the campusThe New York State Tuition for 1982-83 Guaranteed Stu- based programs, but similar Assistance Program (TAP) dent Loans (GSLs) until after delays are preventing UB from forms for 1982-83 are currently processing these applications, available, Conner said. the first of July. Previous TAP recipients and all Clarence A. Conner, the as well. University's director of finanAccording to Conner, the applicants to SUNY schools cial aid, said last week that UB proposed changes in the CSL have already been mailed copies of the application, Conis still waiting for its "allocation letter" from the federal ner noted, adding that addigovernment. This letter tells tional copies will be available the University how much from the University after April were proapathy regarding the proposed cessed and allocated "what federal and state budget cuts. funds are left over," but added "Students are very quiet," he that funding for this year's late said, and he encouraged the quiet ones to become more acapplicants is not a certainty. Conner said the uncertainty tive in notifying their about funding for next year legislators of their views on the may be due in part to student proposed cuts. Assistance (SUSTA) program remains uncertain. Conner said UB will not hold up the applications of potential SUSTA recipients pending the future of SUSTA funding, but he added that Financial Aid would prefer not to award alternate sources of aid that would have program will require the use of to be retracted if SUSTA rules and forms that differ received late approval. To be considered for from those currently in use. Because of the discrepancy, he campus-based aid, students said, UB cannot accept GSL had to submit the Financial applications for academic Aid Form to Princeton, New periods starting later than July Jersey by January 31 and ÜB's Financial Aid Application to its 1. Conner added, however, Main Street office by February weeks after we get our alloca28. Conner said late applicants tion letter," Conner said. Until that banks may have the revis- ference on Women and the Law held March 25-28 in Detroit. The Conference is an annual symposium organized by law students which educates women attorneys, legal workers, law students, and community workers in areas of law of special interest to them. 160 workshops were held, which covered both substantive areas of law such as Constitutional, criminal, employment/labor, women of color and lesbian law, and nonsubstantive areas, such as trial techniques for practicing attorneys, grassroots organizing, and advice to legal workers. The Conference also offered an exciting opportunity to meet and exchange ideas with over 2600 feminists from all parts of the country. The Conference designated one hotel in the city as its headquarters and a large number of the participants stayed there, thus providing a common meeting area before and after workshops. To further facilitate this exchange, various groups such as law students, trial attorneys, and women of color held luncheons, and those representing the interests of poor women, lesbians, and the various geograhic regions held caucuses. The Conference provided an "employment board" for those seeking and providing jobs; a feminist artisans' bazaar; and information booths representing a broad range of concerns and associations, for reproductive rights and ERA to the Working Women's Institute and the Association of Trial Lawyers of America. Each year a concert by a feminist singer is given; this year Holly Near in previous years Detroit Convention Termed A Success by Lorraine Koury Four students from the Law represented the State School The fate of the State Univer- University of New York at Bufsity Supplemental Tuition falo at the 13th National Con- 15. campus-based aid it may distribute during the following academic year, he said. "We usually have our allocation letter in the latter part of February," or by midMarch at the latest, Conner said. This year, he said, the letter is not expected until midApril. The University's allocation letter will be based on the higher education funding that is to be included in the 1983 federal budget. Congress has yet to decide on funding levels for the various campus-based aid programs. Students should be notified of their 1982-83 awards "six See through the hype ... Get the Facts ... Pass the Bar. performed. BAR/BRI The Review Course Taken by More People Studying For the N.Y. Bar than ALL Others Combined. This year's Conference theme was "Women Working Together", which incorporates the idea of women workers both inside and outside the home, and the idea that women must work together to achieve their common goals. Many workshops addressed the concerns of working women, homemakers, and displaced homeworkers, as well as the ways women can effectuate these concerns. An unofficial and unarticulated theme running through Conference act to workshops seemed to be "Dealing with the Effects of Reaganomics", as governmental budget cuts disproportionately affect women and women's services. This participant attended workshops ranging from "Employment Discrimination Rights and Remedies", a technical seminar for those wishing to bring Title VII and Equal Pay Act suits, to "The Politics of Sexuality", an emotionally charged participatory workshop where women of different sexual preferences tried to break down the stereotypes of each group and learn to work together effectively. The workshops were highly informative and well-presented. They provided information that could not be easily obtained anywhere else, such as how — law collective or the realities of women working for the government. They also provided an exciting opportunity to learn from those experienced in their fields the cutting edge of feminist legal theory. In the final analysis, the Conference proved to be a revitalizing experience as well as an educational one. to organize a Each spring semester the Association of Women Law Students provides information and registration for the Conference, which will be held next year in Washington, D.C. HAPPY PASSOVER AND EASTER April 8, 1982 Opinion 3 �UUAB CONCERTS presents AN EVENING OF MORE REGGAE Sunday AP ril 25 8 pm CLARK GYM Students non-students ' TOOTS & the Maytals ' , $5.00 I_JT TTL/F DIICCAI f\ 9 C DUrrALU D 11th AN N UAL PHI rULrVr * ■ i Bring A Blanket and A Friend students non " students 5.50 «, 8.00 on sale at UB Harriman Ticket Office. Festival and /ecord 4 Theatre. Opinion April 8, 1982 ' XT Friday, April 16 11am-3pm—Craft Show and Live Music Capen Lobby, Amherst Campus Bpm—lnvitational Open Mike Harriman Lounge, MSC Saturday, April 17 I 'spm—Craft Show and Live Music Diefendorf Annex, MSC B P m * —CONCERT featuring Doc Watson The Armstrong-Bogan String Band Cold Water Fiat April 16-18 TICKETS: Both Nights Single 3.50 5.00 i r^ OiI 7TT/~>LJID A A TDT^ riUM/\IS OWI 1 C/j/dCJ/i t\U UUAB Coffeehouse presents % % Sw c • With OpeClOl UUeSt Tickets on sale at Harriman Ticket Office (UB), Buff State, Festival, Record Theatre, Rude Boys Cafe, & Record Co-op (Amherst Campus). Sunday, April is 1-spm—Musicians Workshop Diefendorf Annex, MSC —Children's Activities Diefendorf Annex Room 10, MSC Bpm*—CONCERT featuring jonn Sebastian Eric Anderson Artie Traum * All shows will be held in Clark Gym (MSC) and will start promptly at Bpm. �Lou Del Cotto on electric Robin Romeo as Dorothy? Audrey Koscielniak as the Wicked Witch? Lynn Clarke as a torch singer? Al Wood as Mick J agger? or E/vis Presley* guitar? Greats And Near-Greats Entertain At Diefendorf A These were just a few of the to Croup, playing swing jazz Lynn Clarke's over 40 acts presents at the and featuring Fifth Annual "Law Revue '82" last Saturday night in Diefendorf Annex. Hundreds of law students, friends and spouses spend five and one-half raucous hours watching students and faculty alike take advantage of the yearly opportunity to show off their talents and make fools of themselves. sultry vocals, "The Wizard of Oz" with Rick Roberts, which included a fantastic "Schlegel" imitation by Jeff Johnson, and, back again by popular demand, Jim Atleson's "Hot Cargo String Band," featuring Stu Shapiro and new member David Engel playing , first-rate fiddle. Highlighting the evening was Old favorites and new talent the presentation of the male appeared in musical perfor- and female "Nude Law Promances, comedy skits and fessor" awards. This year the dance routines. Special coveted awards were given to favorites were the Lou Del Cot- Professors Ken Joyce and Bar- bara Blumenthal. Although Ken Joyce was not present to accept the prize, Blumenthal was there to receive her own award graciously and with a few well-chosen words, which were unfortunately impossible to hear over the cheering crowd. Nude Law Professor Emeritus W. Howard Mann was also presented with an award in recognition of his three-year reign as the law school's favorite sex symbol. The five-hour program offered something for everyone. There were outstanding performances by Professor H. writers, performers and others who worked on the program. As there were over forty acts scheduled, it would be impossible to mention and praise each performance individual- ly. Laurence Ross' barbershop quartet, singers Rich Freiman, Rich Wiebe, Karen Russ and Al Wood, impersonators Diane LaVallee and Rick Roberts and comedy by Professor Bill Greiner, Dean Tom Headrick, and many, many others, including a memorable performance by Charlie Elefante (The Elefante Man), as well as tap dancing ala Ruby Keeler by However, the masters of ceremonies (Bill Altreuter, Rocky D'Aloisio, Pat Dooley, Kurlander, Steve Jon Malamud, Marty Miller, Kevin Moran, Matt Newman and Sherwin Suss) deserve special recognition for their efforts and success incontrolling a sometimes unruly crowd. All in all, it was a highly successful evening. Everyone enMary Izador. joyed themselves and we were This year's show was a result all reminded that we are part of the hard work and dedica- of a community of multition by the producers (who talented individuals, and not have not allowed their names simply one made up of law to be released to the press), students. Photos by Moran The Mitchell Lecture Series Committee presents Mr. Clyde Summers Professor of Law. (I. of Perm. Topic: 'Past Premises. Present Failures. & Future Needs in Labor Law' Thursday, flpril 15th Moot Court Room 4pm DO YOU MEAN \ fI WHAT You've never been to I I K P.J. 's on Monday Night! J —-y BAR EXAMS AREN'T LIKE LA W SCHOOL EXAMS Knowing how to analyze complicated essays, confusedly combining several fields of law, and writing coherent, logical and consistent answers thereto, can make the crucial difference in passing the Bar Exam. Why not get the feel of 16 very difficult Bar Exam questions before the Feb. or July, 1982 Bar Exams? Thousands of students, for the past 40 years, have been convinced that the approach analysis and style techniques and methods they need at THE KASS PROBLEM ANALYSIS CLINICS were essential to their success on the Bar Exam. Six successive Sundays, starting June 6, 1982, from 1 to 4 p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, N.Y.C. for taped Buffalo clinic, see UB Tuition: $125 - — Agent: Aldrlc Reid - IT'S BREWING every Monday Night at P.J.s 50C Brews KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH3-2690 10 Wings for $1.00 J. BOTTOMS P. FOOD BOOZE BOOGIE m—i - 3X70 main street - buffalo n.y. 14X14 813-3170 ——— April 8, 1982 Opinion 5 �Final Exam Schedule SPRING SEMESTER 1981-42 FIRST YEAR Examination Date It Hour THURS., MAY 6 Pickup 9:00 Return 4:30 Pickup 9:00 Return 4:30 9:30 am Property—Take Out Property—Take Out Property Room Instructor 112 Kaplan 108 Headrick 109 P-Z Freeman Freeman 108 Atleson NOTE: Pick up and return to 112 NOTE: Pick up and return to 108 106 A-O tVED., MAY 12 Pickup Return . Pickup Return Labor Law—Take Out 9:00 4:30 9:00 4:30 9:30 am FRI MAY 14 9:30 am NOTE: pick up and return to 108 Administrative Law—Take Out 112 NOTE: Pick up and return to 112 Administrative Law 106 Boyer Ethics Berger 112 A-C 210 D-F 107 G-H 106 IP 108 Q-Si 109 Sk-Z TAKE HOME Pick up and Return to Admissions Examination pick up 9:00 Legislation return 4:30 30 hour take home Date A Hour MON, MAY 3 TUES., May 4 TUES., MAY 4 through THURS., MAY 13 pick up 8:45 return 4:45 Schlegel American Legal 7 hour flexible and Records Instructor Konefsky History Dispute Resolution 48 hour flexible Paper to be turned in to Adminissions and Records no later than FRIDAY, MAY 14 Jurisprudence MON., MAY 3 9:30 am Mensch Examination Room Instructor Sales-Secured Trans. Commercial Paper 106 108 A-L 107 M-Z Cirth Corporations 106 A-L 108 M-Z Blumenthal Schaeftler I Spanogle 9:30 am TUES., MAY 4 Corporations II 112 9:30 am Securities Regulation United States Role in International Law 106 Deitz 106 Kramer Tax II Joyce Tax II 112 A-l 108 J-M 107 N-Z 106 DelCotto Bankruptcy 107 Cirth 8:45 4:30 SAT., MAY 8 9:30 am Administrative Law Take Home 106 NOTE: Pick up and return to 106 Evidence 108 A-K 109 L-Z Estate Planning Hyman Birzon 106 A-Mc Me-Z Mugel 108 Creiner MAY 10 Pick up Return 9:30 8:45 4:30 State & Local Tax Criminal Procedure NOTE: Pick up and return to 108 109 AC 107 D-C 112 H-O Halpern 106 P-Z TUES., MAY 11 9:30 am 9:30 am THURS., MAY 13 9:30 am Family Law Collective Bargaining in Government 108 A-K 109 L-Z 106 McCarrick Newhouse 106 Berger TAKE HOME Pick up and Return to Admissions and Records Date It Hour Examination Instructor Federal Courts Katz 48 hour flexible Constitutional Law Mann 24 hour flexible Post Conviction Rem. Olsen 24 hour flexible Pick up by 9:00 am Employment Disc. Spiegelman 30 hour flexible Return by 4:30 pm Lindgren Remedies 30 hour flexible NOTE: Graduating Seniors must return exam by noon on Sat., May 8 Flexible means you take exam anytime during exam period Friday, April 30 through Thursday, May 13,except for weekends unless instructor approves time to return. Evidentiary Problems ' — Opinion April 8,1982 6 tionary pool of applicants for next year's freshman class. As members who have been on the Committee during past years have noted, prior to this year's new system most of the files were reviewed by only a few active Committee members. To promote efficiency and participation of all members. Committee Chairfour-subcommittee system to evenly distribute the reading load. The files that are actually reviewed by the Admissions Committee constitute only a THURS., MAY 6 MON., The Admissions Committee has undergone procedural changes in handling the discre- man Spanogle has set up a 9:30 am WED., MAY 6 9:30 am 9:30 am FRI., MAY 7 Pick up Return 9:30 by Lorraine Koury Engel UPPERCLASS Date & Hour FRI., APRIL 30 9:30 am 9:30 am Admissions Committee Considers Diversity, Etc. deserve closer evaluation. These factors include age, work experience, advanced degrees, and other background information that indicate the individual has abilities beyond those measured by the LSAT and a CPA. In addition to these factors, each of the subcommittee members take into account the personal references, statement, and academic record to make a recommendation as whether the applicant should be rejected, admitted, have index left unchanged, or raise his/her index to better the chance of acceptance at a later date. Based on the small sample that I have reviewed, the ap- of the total number of plicants are quite diverse in personality and experience. Some have excellent credentials that would definitely benefit the class as a whole in automatic-acceptance index, providing diversity in ability and yet have other factors that and perspective. portion applications received. They are the applicants who, because of a low LSAT score or low CPA, fall short of the 1320 Doc Watson To Appear "Doc Watson," father of whom the New York Times has folk and bluegrass music will called "a graceful and inheadline the Saturday evening telligent player with imconcert of Buffalo's 11th An- pressive tone and timing." The nual Folkfest on April 16, 17 three musicians had been part and 18 on the Main Street of "The Woodstock Mountain Campus. The weekend will inRevue," a musical collective clude a combination of con- formed in the early seventies. certs, open mikes, craft The weekend's concerts will music be held, both Saturday and demonstrations, workshops, children's pro- Sunday nights in ÜB's Clark grams, and free childcare. Gym on the Main Street CamAlso on Saturday night, the pus, and will start at 8 p.m. Armstrong-Bogan String Band Tickets for the concerts are will present Chicago-style available through the UB Harblues as they make their trium- riman Ticket Office (Room phant return after amazing 106} and selected Buffalo folkfesters last year. Opening outlets. The price for students the show will be Buffalo's own, with college ID is $3.50 for "Cold Water Flat," playing each concert or $5.00 for both bluegrass and other music. events. Non-students will pay The Sunday evening concert $5.50 per show or $8.00 for is to be a historic reunion of both and children under 12 will sorts. Woodstock veteran and founder of 'The Lovin' Spoonful," John Sebastin will appear with former Buffalo resident Eric Anderson, composer of the civil rights anthem "Thirsty Boots." Opening the Sunday night show is Artie Traum, be admitted free. Craft shows, exhibits, music workshops, open mikes and children's programs will be free and open to the public all weekend. The Folk rest is sponsored by the UUAB Coffeehouse Committee. �-M-fl-teriaiS BRC BAR/BRI Law Summaries BRC law summaries are written on the The BAR/BRI materials ate prepared for "review" purposes only, and are thus far more skeletal than BRC's materials, (All of theMultistate subjects are condensed into one cursory volume.) - assumption that the student has flat had the subject in law school, but are also tightly edited to give you exactly the law needed to pass the Bar Tfrmm. Extensive explanations, ex- amples and bar-type illustrations enhance comprehension and retention and the ability to "spot issues." The summaries are authored, edited and updated by outstanding legal educators with personal for substantive quality. accountability BAR/BRI outlines are "staff prepared", and none of the outlines are signed by its author. _, „.„„„, , ~ , „, . .. • _~. The BAR/BRI outlines closely paraUel the Gtlbert outline series, with the exception that they are all "anonymously" written (unlike Gilberts) and edited down significantly. BRC law summaries are -written -with the same clarity and precision that have made our Sum & Substance series the most effective law school study aids available. A specially designed format features variable typeface print, numbered lines, and caption headings. - Capsule Outlines BRC provides condensed outlines (with wide margins for notes) for each bar-tested subject, keyed to page numbers in the law summaries. BRC provides a complete written system of how to use the CapsuleOutlines in conjunction with the main summaries, to allow intelligent shortcut ting when necessary or desirable. BAR/BRI provides a separate volume of condensedoutlines keyed to section numbers in the long outline. There is no system provided for their use, and the "Mini" Outlines only cover Multistate subjects. BRC Capsule Outlines, in general, are longer than BAR BR Is "Mini" Outlines. - . .... . . LcCtUTCS Mnemonics and Issue Graphs BRC provides an extensive and unique set of "JlG's" (Josephson Issue Graphs) and various mnemonics as part of the review course. Nothing comparable, BRC students participate in the unique Programmed Learning System (PLS). PLS involves a well-planned study schedule which integrates comprehensive pre-course diagnostic testing, reading assignments, self-testing "rein forcers," problem solving lectures, delayed feedback reinforcement and review tests, and weekly practice exams (individually graded and analyzed). Although BAR BRI will provide some essay grading, there is no system of testing and feedback that is designed to provide a paced study approach. Stressing the flexibility and non-programmed nature of BAR BRI, students are required to decide what, if any, study features they should use. BRC consciously seeks to direct the student's study time, to build confidence, to channel nervous energy in constructive directions, and to provide a broad range of diagnosis and feedback mechanisms to asure that the student has solid objective informationabout his her strengths and weaknesses. BAR BRI does offer an objective pre-course exam for Multistate subjects only. The exam, in our view, is far too complex for a pre test and few students find it worthwhile. N.Y. CPLR lectures are presented in advance of Summer course and at no charge for BRC enrol lees who want to learn CPLR before the course. Precour.se CPLR program incurs a $45 - MultistateSubstantive Review Three full days of intensive lectures at the conclusion of the course, highlighting all the substantive law that you need for the New York Exam. - Problem Integration Lectures Draw on thirty years of Joe Marino Sr.'s experience in preparing student for all thirty subjects thathave appeared on the New York exam. The lectures serve to instruct students on how to handle the multistate crossover questions always found on New York's charge. Nothing comparable, No single lecturer ofcomparable stature for New York Exam preparation, essays. Management c and _ -. • ACademiC Jγ OllCy m j BRC is a totally independent, closely held company, manag ed and controlled by the same people who built it intoitspresent position. All decisions affecting any academic component of t he course must be approved by its director and founder. Professor MichaelJosephson (a full professor of law at Loyola Law School, Los Angeles). Key positions are held by people who have been active participants in the development of BRC programs and the educational philosophy from which all BRC and CES programs spring. In 197*. BRC rejected acquisition attempts by Harcourt-Brace-Jovanvich (which alreadly owned BAR and BRI). BRC is, by far. the largest independent bar reviewer in the nation.In 1978BRC purchased the Marino Bar Review course, and contracted with Joe Marino, Sr. to continue to lecture for BRC. Marino's thirty years of New York bar exam experience has lent an unparalleled dimension to BRC in New York. BAR BRI of New York is a division of the Harcourt Brace Jovanovich Law Group, which in turn is a subsidiary of the conglomerate. This conglomerate owns Sea World, insurance companies, magazines, and other diverse products. The only law school academician involved on BAR/BRl's Board is a professor at IIT/Chicago Kent Law School. Harcourt-Brace-Jovanovich ■-. % # \ <jv . . | — \ s 2 -j^ "'">///, %»%%, H\^V "fM iiMiSiiiuiiaiiiiiH % BRC NEW YORK: BRC, 71 Broadway, 17th Fl., New York, N.Y. 10006 (212) 344-6180 April 8, 1982 Opinion 7 �Sports Pundit Makes His Puckish Playoff Predictions although some may schools to continue their stopping a rink-long clearing semis, and look for Minblasphemy, cry nefarious practices. Perhaps if pass. Buffalo's complete inThe North Stars to win. Boston nesota to the win in ability 1981-82 were more College Basket- sanctions The levied and can have the goaltending this should spell year ball season came to a dramatic promptly and against in- Garden it up (I'll let you course open to either trip golf with an the early last week dividuals rather than instituconclusion let me score) or North Carolina pulling off a tions the desired deterent ef- for the Sabres, and Montreal score if you'll will beat Boston in an old play tight. Most importantly, over fect could be achieved. victory 63-62 fashioned dog-fight reminis- they have the playoff exGeorgetown, courtesy of a * * * cent of their rivalry in the late perience and seem to go a bit Mike Jordan jumpshort and a small donation to James WorWith the NHL playoffs get- seventies, although this year further each year. Thus, we are left with the thy by Wiley Brown in the final ting underway, it appears that Boston has all of one tie ( to Uβ for same finalists as last year, and eight games show seconds. The game and the a few predictions are in order, suffice it to say that Minnesota against the Canadiens. tournament was a resounding not that picking the cup chamThe Campbell (with all these will again be Miss Runnerup in financial success for CBS and pion is all that difficult this the NCAA, and if the event year. The Islanders just con- changes this year who can the Nassau Coliseum pageant. * * * wasn't sufficiently money tinue to impress the observers remember which divisions are With .ill the commotion oriented to begin with, each of and overwhelm the opposition. which) Conference has only the final four schools took Their first line, led by Trottier three presentable teams, one over the NHL andto NBA conhome $500,000. and Bossy, is a scoring of which remarkably enough is playoffs it is difficultbaseball on the Winnipeg The centrate it other two the Jets. Jets machine, and the With a prize of this nature, is not difficult to understand lines, with Cilles and Sutters, should get by the "Cat" and his season, as the Yankees "have why many if not most major and Hystrom, Bourne and Gor- Blues while Chicago, weakest proven. Their preseason perto formance seems to indicate athletic programs indulge in ing are the ones that usually in the nets where they usedthe no for feared, be is match that their minds are anywhere The solid defense is the type of conduct complain- beat you. pitching ed of by Notre Dame coach offensively and defensively North Stars. If last week's but on the fild. The a trifle has been bolstered Mincable staff game season); rare both between Digger Phelps while in New (which is this of another Orleans. Mr. Phelps hinted that goaltenders have the ability to nesota and Winnipeg is any in- by the acquisition dication, an upset is possible born again Yankee, Doyle Alexseveral schools are offering close the door on anyone. ander. It still appears that money outright to students to In order to go all the way, but I wouldn't count on it. the probably every position is accounted for Angeles, may Los $40,000). However, however, to the Islanders sign (up of year, the on the field and on the bench Digger's comments are about have to play the 2nd, 3rd and disappointment as revealing and as useful as 4th hottest teams in the second has shown in recent months and attitude is the only suggesting that there are a lot half of the season. The the ability to give Edmonton obstacle left to hurdle. Of of case reporters in a law Rangers, until ten days ago, some trouble. Actually the course one can never discount library. Everyone seems to had lost only seven of their last Kings are just grateful not to an Earl Weaver team, know they are there but no one 42 games. With virtually have to play a NY team in the regardless of who is on it, and knows where to begin. Perhaps everyone but the Swedes playoffs for a change. After a Detroit and Milwaukee were the NCAA had hoped that healthy, they should get by the four game series, the Oilers very impressive in the second sanctions against the almighty rejuvenated Flyers, only to run should be ready for Calgary season last year. Billy-ball still UCLA would deter enough into a brick wall against the once the Flames take care of dominates the west, with the White Sox and Royals (barring schools from engaging in Islanders in round four of the Vancouver. to just break a start like last year) providing Calgary, happy appears, violations. It of NY. flagrant cattle Next for the Islanders should the playoff jinx in '81 the club most of the competition. however, that the enormous Since the Yankees acquired pressure from the school ad- be the Canadiens. Montreal had in Atlanta for so many ministrations combined with a opens up against ice-cold years, and with Kent Nillson Griffey, the Mets had to have a belief that the NCAA doesn't Quebec, now without Wilff healthy, could also be a bit of Red of their own to brag about, catch most of the violations (at Paiment. Only Bouchard can a pest this year. Eventually, so Foster joins an outfield least until after the coach is save the Nordiques and these however, look for Edmonton corps that could put the Nets long since gone), has led these days he has enough trouble and Minnesota to meet in the in third place if either the by Steven Getzoff , LAW SCHOOL SPRING FEST (Dinner Dance) FRIDAY, APR.L 16 7:3opm MARRIOTT HOTEL Expos or Cardinals should falter. Montreal, with the most overpaid catcher in baseball history, would seem the likely winner, although the Phillies, Cards, a victim of the split season in '81, will be difficult to handle. Since neither of these two teams has emerged successfully from a prolonged pennant race in modern history, however, the Phillies are the leading candidate in the NL East. The Dodgers, with their $350,000 a year Mexican wonder (if he's 21 years old Jack Benny is still 39) will go down to the final week with Houston as usual, leaving a depleted Reds team in the dust along with Joe Torres Atlanta Braves. Torre has found the secret of survival as a major league manager: mediocrity. If he wins one he has to do it again or else no one's satisfied and if he's losing all the time he creates too much attention, so as long as he can remain just under .500 he's safe. * * * Finally, the NASL opens this week having suffered from a rate of attrition unsurpassed since Freshman pre-med biology. Once a 24 team league, it has dwindled to 14 somewhat stable franchises. The Cosmos have announced that all their road games will be carried by WOR-TV in New York as usual, and our old friends ESPN and USA carry a game of the week, but without the major network megabucks the league is destined to remain in the red. *Sit Down Dinner * OpEN Bar ALL Evening d d Big Band '*18-P.ece R BOOGIEING & SIOW DANCING /° (within stumbling distance to most people's homes) ALL STUDENTS: Come Tickets on sale outside the Library (of course) until cHICI rclTty With yOUT SrUo holders of Buffalo Law ID FrienClS (truly a bargain for dinner and an open bar) 11)6 cHICI FclCUlty dt Ld.St Dl§ DctSll � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-04-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/8/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/98a929ae542bf4734674864abb79d96a.pdf 225c3c0ef7895b7e76cb445965c5c657 PDF Text Text Jessup Marked By Excellent Performances by Winsteadi Lome The Jessup International Moot Court Competition came to a dramatic close this past Sunday with the come-frombehind victory of the University of West Virginia team. The five-member West Virginia team will travel onto Washington D.C., where they will compete against the winners of the eleven other U.S. regionals in the National Competition. The winner of that competition will argue in the international rounds, also held in Washington, DC. UB Law Had the honor of hosting this year's Jessup. The five member teams from Pittsburgh, Temple, Duquesne, Dickinson, Syracuse, Albany, Detroit, Cornell, University of Pennsylvania, and West Virginia convened at O'Brian Hall this past Saturday and Sunday, and, depending on who they were representing, argued for either the Kingdom of Septentrion or the Peoples Republic of Meridion, two fictional South American countries accused of human rights violations. All of the teams aquitted themselves well. Judge Mikoll, of the Appellate Division, Third Department, who served on one of the three person judging panels, was very impressed with the level of advocacy displayed by the participants in this year's competition. In a tight race, the University of Pennsylvania edged out West Virginia for best memorial honors. In addition to winning best overall, one of the Wes* Virginia team members also won recognition as best oralist. Due to the efforts of first year student Jim Newman, coadministrator of the North- Central Jessup regional, a very distinguished panel of judges was retained to preside as justices at the competition. Judges Armer, Murphy, Ostrowski, Mikoll, Wisbaum and others from the state bench lent their expertise to the competition and ensured its success. UB Law professors Howard Berman, Andrew Spanogle, and Wade Newhouse also participated in the judging. Richard Nelson, the Washington DC-based President of the American Society of International Law Societies, was also in atten- dance. Folowing the competition, a banquet was held at Romanello's Prime Rib in Willi. imsville. There, Dana Brutman, fellow administrator of the Jessup regional, presented the winning teams with their plaques. A round of applause was then heard for Jessupcompetitors at mixer following Saturday's rounds Dana and Jim for their efforts in making this year's Jessup a resounding success. The UB team, comprised of second year students Ashram Dial, Jim Wilder, and Ellen Sinclair, and third year student Opinion Non-Profil Organization US Postage PAID Buffalo. New York Permit No. 708 . (Moran) CJenn Pincus, did not finish in the winner's circle this year. However, they displayed pluck and determination throughout the entire proceedings, and deserve kudos from the entire UB Law student body. Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 "The function of a free press is to comfort the afflicted and afflict the comfortable." H.L. Mencken — Volume 22, Number 10 State University of New York at Buffalo School of Law March 17, 1982 Lipsitz Continues Work In Prisoners' Rights by Amy Ruth Tobol John Lipsitz, a 1976 graduate of this law school, is the newest addition to the clinic staff. He is currently running the Habeus Corpus Clinic, after three years at Prisoners Legal Services (PLS), where he handled mostly matrimonial matters for persons in- carcerated at Attica. "There are many people in prison who want to get divorces for a variety of reasons," Lipsitz noted. "Often it's out of consideration for their spouse, or they want a fresh start. Sometimes prisoners want a divorce because of the traditional anxieties concerning marital fidelities, especially in light of the fact that they are often separated from their spouses for many years." Mr. Lipsitz was involved in other types of service work which concerned "prisoners' lives more than prisoners' rights." Such work included making complaints to prison officials regarding packages, personal property, harrassment and abuse, as well as straightening out bureaucratic delays in the processing of observation during the month of Ramadan. "The revelations of the Koran started the month of Ramadan. It is a time to enrich one's knowledge of Islam and is a time of fasting and congregational prayer, Since the line for medical care both of which are universal is so long, the majority of practices throughout the prisoners are being disserv- Muslim world. Since congregaiced." tional prayer is a central pracMr. Lipsitz, along with other tice in the Islamic religion, it is attorneys at PLS, recognized entitled to constitutional prothe need for a broader solu- tection." countered continual frustration. The most I could do would often be to get a person his rightful place in line for the medical services. It was such a scarce commodity. The problem is much broader though. John Liptitz, new Habeus-Corpus Clinic (Moran) Instructor tion, noting that the problem was basically one of inadetransfer quate financial resources to Judge Curtin granted a per- manent injunction, which classification and allowed the Muslims to provide the prisoners with the observe their religion as they decisions. Though service work has a two full time physicians re- felt was necessary. In appreciation of his representation, the "great deal of value," Mr. Lip- quired by law. One case which especially American Muslim Mission at sitz found that "since so much is simply repetitive, it became interested Mr. Lipsitz involved Attica awarded Mr. Lipsitz a the constitutional protection Distinguished Service Award. very draining." Mr. Lipsitz stated that he One major problem Mr. Lip- of the freedom of religious exsitz addressed was the lack of pression. The case involved the was "able to draw onmembers attention given to prisoners' right of Muslims to engage in of the local Islamic communimedical problems. "I en- essential parts of Islamic ty for information, support and for understanding. Through clinic. Two of those involve this assistance, I developed a the conditions in the protecsense of an essential feature of tive custody unit. He has also the Islamic religion." inherited the famous "Kosher Clinic work here is a food" case, which is moving welcome change for Mr. Lip- along at a rapid pace. As with sitz, who was anxious to in- the case concerning the convestigate other areas of stitutional right of congregacriminal law. When asked how tional prayer, the Kosher food he had enjoyed his first two case involves the understanmonths at the law school, he ding of a practice central to responded with wild en- the observation of a particular thusiasm, exclaiming that the faith. "office furniture has exceeded Mr. Lipsitz is currently a my wildest dreams. And I have member of the Steering Coma wonderfully large window." mittee of the Buffalo Chapter He professed to be especially of the National Lawyers Guild fond of his bulletin board, "we having worked with the Guild didn't have those at PLS." on and off since his first year Commenting on his role as of law school, when his rooman instructor, Mr. Lipstiz noted mate "dragged him to a that whereas he was "used to meeting." sizing up clients at Attica after "The Guild is an important one or two interviews," this formation in that it is a vehicle was not possible with his for drawing together attorneys students since "it takes more who don't see their work in a than one or two meetings to narrow economic and legal develop a good working rela- manner and who share certain tionship." Though he has never attitudes concerning the functaught before, Mr. Lipsitz is tions and roles of the civil and confident that he will be able criminal systems," he stated. to assist students in expanding In his spare time, Mr. Lipsitz their knowledge, as he has had enjoys movies and cooking extensive experience in the dinner for his wife, a reporter criminal justice system. "I for the Buffalo Evening News. have always approached any He is also trying to read job as a learning experience. I everything published in English hope to be able to share that before 1920 which he failed to learning with my students." read in college, since he was In this same vein, Mr. Lipsitz "too involved in sex and partyis currently sitting in on Nils ing." (He was not that inOlsen's Habeus Corpus terested in rock and roll.) seminar and was quick to note Mr. Lipstiz is also learning that he has done (and will do) Spanish, which he feels is an important tool in developing all of the reading. At the present time, Mr. Lip- and strengthening communicasitz is working on several civil tions with persons caught in rights cases at Attica for the the criminal justice system. �A Lesson In Legal Ethics Opinion March 18,1981 Vol. 22, No. 10 To the Editor: This is a comment about legal "ethics" and the machinations of an institution Managing Editor informed by those "ethics." Larry Spielberg Over the past few months I have been hearing periodic inNews Editor: Barbra Kavanaugh of what can only be stallments Feature Editor: Earl Pfeffer called "rumors from reliable Gary Games, Photo Editors: sources" concerning a situaKevin Moran tion which, if true, deeply Business Manager: Frank Bolz troubles me and ought to Contributors: Tim Brock, Frank Butterini, Joe Galvano, Ann disturb us all. As the story Meisenzahl, Michael Reilly goes, during the course of the Law Review's Write-On ComStaff: Wendy Anne Cohen, Marc Ganz, Steven Getzoff, petition the resume of a comMarty Miller, Alelxander Plache, Rick Roberts, Robin peting second year student (I'll Romeo, Joe Ruh, John Stegmayer, Amy Ruth Tobol call him/her D. Dagger) was in© Copyright 1981, Opinion, SBA. Any republication of materials herein is advertently made available to strictly prohibited without the express consent of the Editors. Opinion is one of the Review's editors. year. during every two weeks the academic It is the student published The resume apparently inclunewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed ded statements to the effect in this paper are not necessarily those of the Editorial Board or Staff of Dagger was a member of that Opinion. Opinion is a non-profit organization, third-class postage entered both the Law Review and the Policy Opinion collectively by Editorial of is determined at Buffalo, NY. Moot Court Board. Both of the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. these statements were false; Dagger was still competing for acceptance onto the Law Review and had never entered the competition for membership on the Moot Court Board. confronted with the When Alan Rosenfeld's administrative hearing before the Presiden- falsified resume, the rumors tial Commission was held this Saturday at the UB Ridge Lea continue. Dagger said that the Campus. Several other students' hearings were also heard on Saturday. Defendants, witnesses, representatives, members of resume had only been sent to a of firms and had the press, and others in attendance were shocked and dismayed small number nothing to do with him/her at the manner in which the proceedings were conducted. Students who expected to asssert their First Amendment right receiving a job offer from a to peacefully demonstrate were told that constitutional issues prestigious New York City law were irrelevant here; the essential question to be determined at firm. A phone call or series of this hearing was the matter of criminal trespass. It is important phone calls were made and it to note at this point that the Presidential Commission is chargwas discovered that, like the ed in the Preamble of its Rules and Regulations not to conduct resume itself, this was a lie. criminal investigations, but to preserve and protect the open The members of the Law discourse and exchange of ideas crucial to maintaining an in- President's Corner stitution committed to "higher learning." Certainly, there are few issues more relevant to the Presidential Commission than the students' right to peaceful political demonstrations guaranteed by the New York State and United States ConstituEditor-in-Chief Ralph W. Peters Justice III Served Review (or at least those who knew about the event) wanted to have Dagger appear before the Faculty-Student Relations Board (FSRB), the law school body that deals with student disciplinary issues, and also wanted him/her disallowed from further Law Review com- petition. Dagger, however, is said to have insisted that s/he be allowed to continue to compete for a position on the Law Review. In addition, the story "grapevine," the two "prestigious" student organizations made a deal. Dagger would not be allowed to continue in the Write-On Competition. In return, neither board would press for disciplinary action. (One in- dividual told me recently that Dagger no longer has his/her summer position in the New York law firm. However, it is unclear whether this is a consequence of Dagger informing the future employer that the obtained the continues, s/he services of a reputable and in- resume had been less than true fluential Buffalo attorney or whether the law firm found (known here as Oxforia) who is out from a grapevine of its said to have come to the own.) In addition, Dagger school and threatened drafted a letter {te#e«?) to be members of the Law Review sent to the firms that had and the school itself with legal received copies of the false action on Dagger's part if s/he document to the effect that were kept from competing in his/her resume was less than the Write-On Competition. Ox- 100% accurate. (According to foria is then said to have gone the same individual, Dagger's to the Moot Court Board to tell letter was written in such a them that the Law Review had way that a reader might already agreed not to take any suspect that the false informaaction against Dagger and that tion made its way onto the they (the Moot Court Board) resume without any intention to reap whatever benefits ought to do the same. The story does not stop here. might ensue.) I want to repeat that all the An influential member of the FSRB (referred to here as Pro- above information comes by fessor Bojangles) is said to way of "corridor conversation" have urged both the Law and rumor; hence my use of Review and the Moot Court fictitious names. Dagger may Board to discontinue any of- not have lied on his/her ficial sanctions against Dagger. resume. In fact, we in the law Apparently, between Bo- school community have no jangles' urgings and Oxforia's way of knowing whether Dagthreatened legal action and ger's resume contained any unwhatever other influences true information whatsoever. have not made it onto the -continued on page 7 Reagan Razes Student Aid tions. In addition to being denied the opportunity to assert their First Amendment rights, because criminal trespass charges against many students are still pending, they were also effectively barred from speaking on their own behalf for fear that any of their statements could be used against them in a criminal proceeding. Their ability to defend themselves at this administrative hearing was further restricted by the hearing officers' limitations on the use of witnesses. Law students who were acting as representatives complained that their objections were routinely denied, while those of the prosecution were routinely sustained. Moreover, students' requests that the hearings be "open" were generally, although not uniformly, denied. As one law student put it: they wanted to play the hearing game, but not listen to all the facts; they wanted to play the criminal game, but not follow all the procedures. It is understandable that the new Administration would want to put behind it the bad taste which Ketter left everyone with, but to do so by creating a "hybrid" hearing procedure is wrong, not only in its abridgement of the rights of the immediately concerned students —but also in the very dangerous precendent it sets for the future. The Presidential Commission either provides for informal full and fair hearings in which all facts and viewpoints are heard, as befits a Univerty body, or it does not. A hybrid of informal administrative and formal criminal procedures satisfies neither the rights of the student nor the needs of the University community. A precedent has been set where the Administration can, in an arbitrary and capricious manner determine the outcome of the proceedings by tampering with ;:he procedural guidelines. This patently unjust manipulation of what should be neutral rules smacks of the days of the Star Chamber and the Auto de fe. Start Training Now for the RACE JUDICATA 2.3 mile run on April 16, at 3:00 p.m. Start and Finish in front ofO'BrianHall Open to All Law School Personnel 2 Opinion March 18, 1982 by Robin Romeo Opportunity Grant. He has made these attempts in spite Time again for student lob- of the fact that he is in general bying efforts against proposed agreement with President budget cuts in financial aid. Reagan's economic policy. An President Reagan has deci- influential member in the creaded to exclude Guaranteed tion of the President's Student Loans in varying economic policy, jack Kemp percentages in the 1982-83 and has also made attempts to stop 1983-84 budgets. the cuts. It is vital to their interests A huge number of law students along with other that students participate in the graduate and professional fight against the cuts. Congress students will be drastically af- must be made aware of our fected. In Fall 1981 alone, the concern and our interest in students at UB Law School preserving these funds. All SBA took out nearly 3.5 million directors are currently cirdollars in guaranteed student culating petitions voicing our loans. The total for UB dissent which I urge all to sign. graduate and professional The SBA is also in contact with students was close to 15 SASU, the university wide stumillion dollars. Cutting these dent lobby group. Graduate funds would effectively limit Student Association, and the the ability of many students to Graduate School. further their education. The Your. support, concern and budget would eliminate ap- efforts are needed to effectiveproximately 15% of the funds ly stop these eliminations. You in 1982-83 and 54% in 1983-84 can write or telephone the and specifically all loans to following to express your conprofessional (Law, Mcd, Dent) cern: and graduate students would The Honorable Paul Simon, be eliminated in 1983. Representative Jack F. Kemp U.S. House of Representatives, and Senator Alfonse D'Amato 227 Canon HOB, Washington, have already made attempts to DC. 20515 The Honorable Robert T. oppose these changes. Senator D'Amato, a member of the Stafford, U.S. Senate, SubcomSenate Appropriations Com- mittee on Education, Arts and mittee has made it clear he Humanities, 5219 Dirksen SOB, disagrees with the cuts and in Washington, DC 20510 addition introduced a sucThe local cessful amendment to the changes are: telephone excommittee of an additional 75 million dollars to be added to Sen. Daniel Moynihan (716)846-4097 the Supplemental Educational — Sen. Alfonse M. D'Amato (716)846-4112 Rep. Jack F. Kemp (716)846-4123 Rep. John. L. LaFalce (716)846-4056 — Rep. Henry J. Nowak (716)853-4131 — — — and contact your SBA director: First Year Directors: Tim Brock, Jan Davidoff, Irene Hirata, Ron Osson, Jill Paperno, Robert Turkewitz Second Year Directors: Jeff Eisenberg, Joyce Funda, Sylvia Fordice, Julia Carver, Carol Guck, Richard Wiebe Third Year Directors: William Altreuter, Thomas Catalano, Mathew Modica, Suss, Dale Morgulus, Sherwin Pauld'Aloisio 1 cU ■' ' Rosenfeld Thanks All «9HO l!/ To the Editor: I'd like to express my gratitude to all the students and faculty who were concerned about my suspension and who found ways to try and help. I remain very impressed with the way you came through for me. Thanks again. Sincerely. ■ Alan Rosenfeld �Rosenfeld Suggests Changes In Regulations Editor's Note: Alan Rosenfeld ws arrested and suspended while acting as a legal observer at the Squire Hall dosing. When the Opinion interviewed Rosenfeld his suspension had already been lifted but he had yet to have his day in court. by Earl R. Pfeffer Opinion: Where do things stand — what's that state of your suspension? Rosenfeld: the moment I'm temporarily reinstated in school. Dr: Sample removed the temporary suspension against me and twenty eight others. At Opinion: I thought thirtyeight people were suspended? Rosenfeld: No. Thirty-two students were suspended and seven non-students were barred from coming onto campus. Twenty-nine of the thrity-two students requested hearings. The one student denied a reinstatement was Mark Halpern, who was accused of coming onto campus while the temporary suspension was in effect. Rosenfeld: I've got a and suspended protesting the Presidential Commission hear- closing of Squire Hall. ing this Saturday [March 13] at I was there because when noon. students engage in political protest they have a right to Opinion: How does the have non-participating legal Commission function? observers to be there to act as Rosenfeld: It consists of 18 individuals. Six are students, six are faculty and six are administrators. The school gives the hearing to conform with due process rights. The accused can confront witnesses, present evidence and call witnesses of his own. The catch is that the President, in making the final decision on the matters before the Commission can do whatever he wants regardless of the recommendations of the others hearing the case. Of course he can be more lenient as well as more severe in his decision. Opinion: Have some hearings already been held? Rosenfeld: Yes. The prosecution asked for probation and most got up to one year. These procedures exist as a way for the University as a communty to deal with students who by their actions pose a danger to the smooth functioning of the community. While some such regulations potential witnesses. are necessary, it seems to me that several administration ofOpinion: Why were legal ficials and public safety ofobservers necessary? ficers abused their authority and by their actions posed a Rosenfeld: In this instance, clear and present danger with the rumors of possible police provocation of violence (in fact someone had come to an earlier meeting advocating violence, and was pointed out as having been seen in police uniform), and with the University administration irresponsibility acting in ways that seemed also intent on provok- ing a confrontation, when the University decided that they didn't want witnesses, it became all the more important that there be witnesses. Opinion: How did you know the University didn't want witnesses? Rosenfeld: The University unfortunately made it clear Opinion: Do you expect to that it didn't want outside witnesses by not making arget similar treatment? rangement for witnesses to be Rosenfeld: I'm not that wor- present. It was the students, Opinion: For what offense? ried about the disposition of fully intent on acting in an abmy own case. I'll be out of here solutely non-violent way who Rosenfeld: While picketing in two months, and I'll still be wanted witnesses. at Main and Bailey he stepped bringing a §1983 action. But I onto campus. Security picked think a year's probation for Opinion: And they conhim up. Witnesses say it was a tacted you? questionable arrest, for if he stepped onto campus it was Rosenfeld: The organizers of only by a matter of feet he the rally called me and asked and several others were me to arrange legal observers. picketing near the entrance to the parking lot. Opinion: Why you? — Opinion: What about the criminal charges against you? Rosenfeld: I didn't want to get arrested. As a matter of Rosenfeld: While I'm reinstated in school, I still have crminal charges facing me on the trespass charge. I will be arraigned on Wednesday, March 17 at City Court. I really expect the criminal charges to be dismissed at some point. They may offer me adjournment in contemplation of dismissal, which I may ac- (Moran) 'The Administration unnecessarily drew students into a potentially violent scene/ fact I didn't even want to be there. I would have been much happier just going to the jazz concert and being free to go out with my friends later and get drunk. But someone had to do it. And no one else would have done it. Would you have done it? I'd be really happy in the future if someone else gets called and takes the respon- cept. everyone else is much too sibility. That's called an ACD. What severe and is totally unaccepOpinion: What was the legal it means is that they adjourn table. basis for the suspensions? the proceedings for 6 months, Opinion: Some students and if no trouble occurs during Rosenfeld: Procedure IV of that period, charges are have been critical of your acdismissed. Of ocurse if I get in tions, saying that you acted ir- the University's Rules and Regulations provides that the new trouble, I will face charges responsibly. President may suspend a stuon both offenses. Rosenfeld: I knew what I dent, pending a hearing, if he Opinion: Doesn't that put was walking into and I knew believes that the continued limitations on your political why I did what I did. In fact, I presence of the student on activities? Say, for example, knew why I had to do what I campus would constitute a you choose to be a legal did. But that doesn't justify the danger to people or property observer in a different context? University's carrying out its or would pose an immediate threat to arrest and suspend. threat of disruptive inRosenfeld: I may not accept terference with the normal Opinion: You mean you conduct of the school's acthe ACD because of the strings. I may request an outright believe that the issue of tivities and functions. dismissal or else demand a jury Squire's closing warranted Opinion: So what is your trial. If all thirty-nine ask for your actions? claim against Dr. Ketter? jury trials, the prosecutor will Rosenfeld: I honestly felt probably want to join the Rosenfeld: Dr. Ketter clearly cases. But since the facts of my that the issue of Squire Hall case are distinct, I will ask for alone, and student's anger and abused his power which was to frustration over the gutting of suspend dangerous students. my own trial. their Union was not an issue Dr. Sample acknowleged that Opinion: You said your worth taking the risks of arrest. none of them were dangerous reinstatement was temporary. However, I didn't get arested by reversing Ketter's decision. mittee to determine if grounds exist for a public hearing on the behavior of any individuals in the administration or public safety. This committee should have the same power as the Presidential Commission to recommend appropriate action. Opinion: What type of behavior needs to be in- vestigated? Rosenfeld: Dr. Ketter abused his authority by suspending students in violation of the intent of the SUNY regulations. Dr. Ketter and his assistant Ron Stein intentionally provoked a confrontation with students. On the Thursday before the arrests I personally asked Ron Stein to delay the eviction of Squire Hall tenants until early Saturday morning when there would be less chance of anyone being there who didn't intend to be there. By refusing to change the time of the eviction from Friday .night, after a large UUAB concert, the administration Suggests that 'all temp(Moran) risked large numbers of orary suspensions be approved students being drawn into a within 24 hours by student panel' potentially violent scene. It themselves to the safety of was unnecessary. One public safety officer, students and property on campus. who we hope to identify, pushed a camera into a student's Opinion: Can the pro- face. Another officer was abcedures be changed to offer solutely unnecessarily rough students greater protection? and abusive during the processing of the arrested Rosenfeld: This points out a students. pressing need to modify those Lee Griffin, the Director of state-wide regulations under Public Safety, lied about my which a President of a SUNY behavior to Dean Headrick. school can suspend a student And apparently this inhibited without a hearing. the Dean from actively inI'd suggest a simple change tervening on my behalf. These incidents deserve to in those regulations to require that all temporary suspensions be investigated. We need to must be approved within determine what other abuses twenty-four hours by a three- of authority have occurred. The University needs to be prostudent panel. There is also a need for a tected from those individuals special student-faculty com- and from that kind of behavior BAR EXAMS AREN'T LIKE LA W SCHOOL EXAMS Knowing how to analyze complicated essays, confusedly combining several fields of law, and writing coherent, logical and consistent answers thereto, can make the crucial difference in passing the Bar Exam. Why not get the feel of 16 very difficult Bar Exam questions before the Feb. or July, 1982 Bar Exams? Thousands of students, for the past 40 years, have been convinced that the approach analysis and style techniques and methods they need at THE KASS PROBLEM ANALYSIS CLINICS were essential to their success on the Bar Exam. Six successive Sundays, starting June 6, 1982, from 1 to 4 p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, N.Y.C. for taped Buffalo clinic, see UB Tuition: $125 Agent: Aldrlc Reid - - - , KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH3-2690 March 18, 1982 Opinion 3 �Chemical Dumps: Time Bomb on The Niagara Frontier? by Frank Butterini herent irony of this situation. When Dulbecco received the "The future ain't what it used to Nobel Prize in 1975 for his be." Arthur Clarke. research on cancer, he remarked that "while we spend our Question: Who kills ten life asking questions about the times more Americans every nature of cancer and how to year than die in automobile ac- prevent it, we merrily produce cidents, yet hardly ever rates a carcinogenic substances and mention on "Eyewitness permeate the environment News"? with them. We do not seem Hints: He loves New York. prepared to accept the He does more business per sacrifices required for the efcapita in this state than any fective prevention of cancer." other except for New Jersey. A few years ago, the NaHe loves New York State tional Cancer Institute comwomen. He attacks more pleted a twenty year examinawomen per capita in this state tion of overall cancer death rates on a state and county than in any other. One of his favorite hangouts basis. Its findings clearly showis Niagara Falls. ed excess cancer rates for peoThere is a one in three ple living in industrialized chance that he may strike you. — His name is cancer. Cancer is the Black Plague of the twentieth century. It is a growth industry. Back in the days of Justice Holmes it was a relatively minor cause of death after heart disease, accounting for more than one-fifth of all deaths. It now stands as the only major killing disease whose incidence is on the increase. It is now widely accepted that at least three-quarters of human cancers are caused by environmental factors. These factors encompass a wide range of influences, including background and man-made radiation, smoking, naturally occuring plant, bacterial and chemical carcinogens and industrial chemicals that contaminate the air, water, food, consumer products and the workplace. A cursory glance at these factors quickly leads to the perception that many of these cancer causing factors are man made and ultimately humanly controllable. Renato Dulbecco, a Nobel Laureate in medicine, pointed out the in- worst of an industry that is fundamental to our way of life. Almost every major chemical manufacturer has a major plant along the city's Buffalo Avenue, a veritable Chemical Row. The forces which constitute the most famous water- fall in the world also supply the cheap electricity that has attracted the industry. While the waterfall is the image readily brought to mind when thinking of the area, the landscape is in fact dominated by the chemical industry. The chemical industry is the area's major employer. It is the city's major taxpayer. The industry cannot be dismissed as In the mid 1970/s the City of Niagara Falls constructed a state-of-the-art waste water treatment facility intended to detoxify the chemical wastes it received through the sewer system before discharging the water into the Niagara River. Late last year a study brought to light thefact that the plant's carbon beds, which were intended to remove organic chemicals from the waste water before discharging into the river, had been out of com- mission for two years. Industries are permitted to dump their less hazardous wastes directly into local waterways. But their more hazardous wastes, those which a mere wage-payer. The industry also exacts its go beyond "safe levels" must be directed to the municipal treatment facility for a final detoxifying treatment before discharge into the river. Carbon beds are intended to remove organic chemicals. This class of chemicals which contains such materials as chlorine and hydrogen, rarely, if ever, are found in nature. (Spielberg) Chemical companiesalongroute to Niagara Falls Many are non degradeable and areas, particularly in the vicinpound of flesh. It contributes a persist in the environment and ity of chemical plants. major share of the 468 million in the body. They are able to While some of the excess gallons of waste water dumped accumulate and concentrate food chain. As a group, cancers in males were figured into the Niagara River each in the contain a to be due to exposures within day. Nationwide, the industry organic chemicals ninety million disproportionately high produces the chemical plants, the excess of toxic chemical number of carcinogens. female cancers were thought pounds need City officials contend that in wastes of storage; over to be due primarily to the conwastes find their the failure of the carbon beds half of these community of tamination the Niagara County for does not constitute a hazard in air and water by carcinogens way to disposal. The county is the itself, but would constitute a from originating the plants chemical wastebasket for danger if other locales were themselves, from leakage from states. There exists not adequately monitoring thirty-five sites, waste storage chemical dumpsites discharge in their areas. Un or from chemical dumping into over two hundred chemical forunately, often one storing hazardous waterways. wastes in the county. Extreme municipality doesn't know Niagara County has the ly carcinogenic chemicals what his neighbor is or isn't dohighest cancer morality rate in have been found in the ing. Meanwhile, these officials the state, and one of the Niagara River and its basin. don't expect the carbon beds highest in the country. The Lake Ontario, for over a to be repaired until June of county also constitutes the decade. The chemicals have 1984. chemical industry Hall of been found in fish and Late last month, the EnFame. It houses the best and plantlife. vironmental Protection Agen- ' cy (EPA) reversed itself and decided to allow dangerous li- quid wastes of the type that caused the disaster at Love Canal to again be buried at landfills. The EPA explained that the change came in response to industry complaints that the price of complying with recent regulations was too high, and that such methods as incineration of toxic wastes were too costly. But Marvin Durning, a former EPA attorney now in private practice, noted that burying chemicals in landfills will lead to serious problems. "All the experienced have is that drums leak. Some leak quickly, some leak slowly. But drums disintegrate gradually and they leak." This action comes amid complaints that the Reagan Administration is failing to implement the $1.7 billion superfund program intended to clean-up the inumerable toxic wastes dump sites around the country. Introduced into the state legislature in this current session is a bill that would create a state superfund, to supplement what is seen as an inadequate federal program. The bill would require generators of waste to pay into a fund an amount of money comparable to the amount of wastes they generate. This would enable the state to ensure that adequate facilities exist for the dumping of wastes. However, chances for its passage appear slight. Thus, while numerous scientists agree that cancer is largely attributable to environmental causes and can be prevented, it appears that with the current governmental outlook it is unlikely that much will be immediately accomplished. A. S.B Appoints Paperno To Vacant Directorship by Tim Brock Niad's resignation While millions worldwide feared that doomsday had arrived last Wednesday, the ever-optimistic SBA elected Jill "Che" Paperno to fill the first year director position vacated by Cindy Niad. came Seven candidates were inter- with fewer than forty-five viewed by an ad hoc commitschool days left in the tee of first year directors semester, thereby invoking the before the committee evenSBA's constitutional provision tually endorsed Paperno. All which allows the organization seven were queried about their to forego a general election interests, experience, and prior and decide internally who involvement in law school acshall fill the position. tivities. Policy Statement: P.A.D. Phi Alpha Delta is an international professional association of law students, law teachers, and members of the Bench and Bar. Our purpose is to form a bond of fraternal fellowship among members and to promote integrity and competence in the legal profession. Phi Alpha Delta has over 165 active chapters located in 57 nations around the world. For the law student PAD helps bridge the gap between the academic emphasis of law legal education and promotes a kind of fraternal friendship that lasts well beyond graduation. Activities at the Alden Chapter here at Buffalo Law School include our famous PAD Booksale held at the beginning of each semester. We also work closely with the Red Cross to sponsor a Bloodmobile at the Law School twice during the academic year. A few weeks ago Alden Chapter representatives traveled to the District Conclave in Albany to meet with members of other chapters in the Northeast. This August our chapter will be represented on the na- school and the realities of practice. This is accomplished through numerous social and professional activities which we sponsor throughout the year. For the alumnus member tional level when we send there is life after law school. delegates to the Fraternity PAD encourages continuing Convention in St. Louis. 4 Opinion March 18, 1982 Locally, our most recent social success was the Second Annual Mardi Cras beer-andwings party at the Pierce Arrow. We also present several "First Floor" kegs throughout the academic year. An initiation once per semester welcomes new members ceremoniously and is followed by a traditional Initiation Dinner. In the crystal ball we forsee long-range plans to cosponsor a seminar with alumni and members of the local bar. Don't miss our JELLYBEAN CONTEST at Eastertime! Election of officers and initiation are coming up soon. New Members are always welcome. Visit us at our office in 506 O'Brian for all the details. "lt was a very tough deci- ongoing debate about sion," according to Ron Osson, Reagan's foreign and domestic the first year director who policies." organized the search. "We had When asked about the proseven highly qualified, highly mises she made to some motivated people to choose members of the ad hoc comfrom. Although the committee was unanimous in its support for Jill, we felt favorably toward each of the other can- didates." "In the end we chose the indvidual we felt would be the most active and vocal representative of a broad range of student interests. Personally I liked her choice of cigars. I'm hoping to bum a few off her during meetings." Aside from her promise to provide occasional comic relief, Paperno is reluctant to speculate about what she will do with her position. It's too early for that," said Paperno. "I don't want to bore people with the standard rhetoric. Of course, I want to get people involved, but I think the real problem here is keeping people informed." "Developing better methods of communication within this law school is essential. I also think there should be more law student involvement in the (Moran) New first year director I• 11 Paperno posing 'incognito' about shaving her unwieldy beard, wearing attire mittee other than her usual khakis, and cutting back on the number of smelly Havana cigars she smokes during political meetings, Paperno responded: "Never trust a communist." SBA President Robin Romeo said she was pleased with the selection of Paperno and also with the strong showing of interest in the SBA. "I hope (the seven ap-continued on page 8 �N.Y. Embraces Exposure Rule In Asbestos Cases Editor's Note: This concludes our series on asbestos, its link to disease and the right to recovery of individuals injured from asbestos exposure. by Alexander Plache While the previous installment of this article showed the fairness and justice of the discovery rule, there are courts which do not recognize it in all cases. Certainly the most surprising of these jurisdictions is New York. In the recent case of Steinhardt v. lohns-Manville Corp.,. Ng> 435 NY_ decided 0ct0ber,29,1981, the Court of Appeals specifically rejected the discovery rule in cases where the plaintiff alleges a cause of action for a latent disease. In so doing the high court held that the "cause of action accrued at the time of invasion of decedent's body, and not at the time the condition became apparent." In so holding, the court effectively barred the victims of asbestos related disease and other latent diseases from recovering damages against the manufacturer of the substance which caused his injury. It is noteworthy that exceptions designed to mitigate the harshness of the exposure rule do exist in New York. Two exceptions have been legislatively codified in §214 of the CPLR. These exceptions are the foreign object rule applicable to medical malpractice actions where a foreign object is left inside a patient by a physician or nurse, and the agent orange exception which specifically extends the suit for the loss of an eye from statute in actions for personal cancer which he alleged was injuries arising out of exposure caused by an injection of a to the highly carcinogenic drug manufactured by the defoliant used during the Viet- defendant chemical comapny nam war. The Court held the action was The court in Steinhardt bas- barred because not initiated ed its decision upon the case within three years of the injecof Schmidt v. Merchants tion even though the plaintiffs Dispatch Transp. Co., 270 NY cancer was not discovered un287, the cases that follow the til years later. Schmidt Rule, Schwartz v. In Thorton v. Roosevelt Heyden Newport Chemical Hospital. 47 N.Y. 2d 780, decidCorp., 12NY2d 212, and Thored in 1979, New York's high ton v. Roosevelt Hospital, 47 court again reaffirmed its reNY2d 780, and upon its belief jection of the discovery rule. that the change in the law In Thorton the plaintiff alleged which was urged upon the that a thorium dioxide court by the plaintiff was one substance injected into the that should be left to the decedent's body resulted in legislature. In the Schmidt case the onset of cancer. The court the plaintiff contracted expressly held that "the cause pneumoconiosis as a result of of action accrued at the time inhaling dust which has of invasion of decedent's body negligently accumulated in the and not at the time the deceair during the course of his dent's cancerous condition employment. The court in became apparent," 47 N.Y. 2d Schmidt held that, "the injury at 781. The court further stated occurs when there is a that any change in the rule wrongful invasion of personal should be made by the or property rights and then the legislature. cause of action accrues In Steinhardt the court The statutory period of limita- overlooked the fact that since tions begins to run from the the time when Schmidt was time when liability for wrong decided the New York has arisen even though the in- legislature expressly adopted jured party may be ignorant of discovery rules in situations the existence of the wrong or where an exposure rule would be unjust. The court also iginjury." 270 NY. 287 at 300. The Court of Appeals affirm- nored the trend toward some form of discovery rule in such ed that the principle announced in Schmidt that the statute cases in jurisdictions outside of limitations in a negligence of New York. Finally the court action begins to run at the time failed to discuss the inequity of exposure to a deleterious of the result it reached in light substance in Schwartz v. of the fact that there was no Heyden Newport Chemical possible way in which the acCorp., 12 N.Y. 2d 121. In tion brought by the plaintiff Schwartz the plaintiff brought could have been initiated and . sustained during the time allowed by the 3-year tort statute of limitations applicable to the case. Had the plaintiff brought his action within the prescribed period, but prior to the date on which the disease manifested itself, the action would have been subject to dismissal for failure to show an actual injury. It is interesting to note how the lower court in Steinhardt attempted to circumvent the harsh rule of Schmidt by distinguishing an action founded in negligence from one brought in strict liability in tort. (McKee v. lohns-Manville, 94 Misc 2d 327) Judge Kuszynski of the Erie County Supreme Court held that while the cause of action brought in negligence was subject to the Schmidt rule, that brought under a theory of strict liability in tort was not. In an action sounding in strict products liability, the statute of limitations runs from the time of diagnosis unless the defendant can show that the plaintiff should have, in the exercise of diligence, reasonable discovered earlier the nature and cause of the disease. The Appellate Division rejected Judge Kuszynski's differentiation between the two causes of action and held that the three year tort statute of limitations was applicable to both and that it began to run at the time of initial exposure to the asbestos [Steinhardt v. lohnsManville Corp. 78 AD. 2d 577). The Court of Appeals then affirmed the decision of the Appellate Division. judge Fuchsberg wrote bitter dissenting opinions in both Steinhardt and Thorton stressing that their results were unjust in that they barred the plaintiff from asserting an action before it arose. In his dissent in Thorton Judge Fuchsberg wrote that the precendent created by Schmidt and Schwartz are not insuperable obstatcles and should be overruled. "It is no impermissible slight to the rule of precedent to remember that, as with decisional law generally, what is judge-made can be and, in appropriate cases, should be judgeunmade. Stare decisis is a malleable rule, not one bound by hands of steel," 47 NY. 2d at 784. There is no doubt that the ' result in Steinhardt is extremely unfair to plaintiffs who suffer from an asbestos related disease. The fairness and equity of a manifestation or discovery rule mandate that such a rule be adopted by every state. The injustice which results to plaintiffs who are barred from court before their cause of action accrues more than justifies the burden which the discovery rule would place upon defendants to such actions. Unless the court reverses itself soon or unless the legislature immediately adds a provision governing such situations, most of the actions now pending will be subject to motions to dismiss for not being brought within the prescribed statutory period. The Steinhardt result is truly a travesty of justice. Gambling with the New York Bar Exam can be hazardous to your I*, career. lotWe regret that we don't offer , teries, freebies or rabbits feet. What we do offer is the overwhelmingly most popular and successful bar review course in successful in New York and the country. There must be a reason why. BAR/BRI The Review Course Taken by More People Studying For the N.Y. Bar than ALL Others Combined. March 18, 1982 Opinion 5 �Commentary Life In Nicaragua Found To Be Greatly Improved by Anne Meisenzahl Chilled as one is in Rochester by biting winter winds, it is difficult to imagine the blazing sun and fertile of greenness distant Nicaragua. Its rolling shores rest on two oceans; its land is rich with coffee, sugar, cotton, corn. But its climate and geography are only some of the factors that make this small Central American country worthy of note. Nicaragua is currently capturing much of the attention of the U.S. media. Preoccupied with the military help Nicaragua has received from Cuba and the Soviet Union, news reports ignore the deeper realities of post-revolutionary life in this country. What has the Sandinista victory meant for the daily lives of the Nicaraguan people? What are their needs and are they being met? The 2.5 million inhabitants of this lovely land have recently emerged from decades of hardship. Six thousand of Managua's city blocks were laid flat nine years ago by an earthquake still terrifyingly vivid in the memories of the survivors; during the reign of former President Somoza, no attempt was made to rebuild the destroyed capital. Every one of Nicaragua's cities carries the scars and rubble of a long and bitter civil war. The people have been miserable under the yoke of the Somoza family for 40 years and only now are beginning to unloosen the grip of poverty. One of the most obvious Analysis — population was illiterate. Beginning in March of 1980, primari200,000 volunteers ly high school aged youth traveled by truck, boat, into the Finally there is not even a horseback and foot mountains. For five months functioning seat of governto read, they taught people ment in the North, as political the illiteracy rate was ofcontrol is exercised directly by and ficially dropped to 12 percent. Great Britain. The result is that One month after victory, the governmental decisions that Department of Preschool gretly affect the lives of both Education was formed. Prior to Protestants and Catholics in only families who this the North are made by neither. couldtime, privately-run The struggle in Northern schools afford place their could Ireland is usually depicted as a children in such programs; religious war. But, as in many since then, hundreds of new other parts of the world, a per- Irish Conflict Hits Buffalo by Michael Reilly elaborate in a public forum the common program of the This year Buffalo's Irish various political organizations community had something striving to end 800 years of colnew to think about as they onial rule of Northern Ireland paraded down Delaware by the English. Avenue and lifted their glasses These trials will focus attenof green beer. That "something tion on the warfare that has new" to ponder over was the plagued Ireland during this fact that nine Irish men and lengthy The period. women were arrested since January 21,1982 attempting to enter the United States. On January 21, Owen Carron, who is a member of the House of Commons for Northern Ireland, and David Morrison, who is editor of the Republican News in Dublin, were arrested for possession of fraudulent papers. Carron and Morrison were on their way to speak at a meeting of the Irish Northern Aid in New York City that evening. Both had applied for visas and been denied them by the United States Government. On Friday February 6, 1982 Desmond Ellis and Edward Howell were arrested at the Whirlpool Bridge in Niagara Falls and accused of presen- ting false information when attempting to enter the United States. Since then the U.S. Government has offered documentation which links both Ellis and Howell with the assassination of Lord Montbatten on August 27,1979. Ellis is also wanted for skipping bail on an explosives charge in Dublin. Ellis is presently in the New York City Federal Jail and has sought political asylum. Bail has been posted for Howell, Carron and Morrison by sympathetic local families. Although Carron and Morrison were not able to attend the meeting in New York City it now appears that they will have the opportunity to bring the "Republican" message to Buffalo instead as a result of their trials here. They will have a chance to 6 Opinion Republican movement stands for the proposition that "an Ireland unfree can never be at son's religion may merely be To achieve this peace the the easiest way of identifying Republicans propose the him or her. Often it also stands withdrawal of British troops for their economic and social from Ulster (the six northern- position. most counties in Ireland) and If Northern Ireland's severe the initiation of a process to economic and social problems reunite Ulster with the were addressed, there would Republic of Ireland (the 26 be little kindling for the counties in the south). religious fires. The process of Under the existing system in reunification will begin when Ulster the Protestants are bet- both Protestants and Catholics ter off than the Catholics. realize that the potential of However, the Republicans Northern Ireland can only be maintain that the real benefits realized by cooperation and of this system go to the in- not by continued political and dustrialists in GreatBritain and military stalemate. are at the expense of both the The first step in this process Catholics and Protestants in is for Great Britain to relinquish political control over the North. For example, in Belfast's Ulster. Other former colonies shipbuilding yards, which of Great Britain have been make up one of Ulster's largest able to settle internal proindustries, the traditional blems and implement self-rule and so can Ireland. employment practice has been to hire the Protestant workers Economic and social and exclude most of the equilibrium in the North will Catholic workers. The result is not be struck easily, but a a system in which the Protesbeginning can be postponed tant workers who are no longer. employed can afford to live in The cause of Ireland has better housing and send their always been a lively topic of children to the superior conversation, and has had schools. broad support among the peoThe Catholics, because of ple of Buffalo. The upcoming their decresed earning power, trials will give this cause a are forced to acept housing more local and personal and schools that are inferor. character. Just as the As fighting has intensified, resurgence of the Republican the Catholic population has movement in Ireland during been forced to increasingly the 1960s produced an concentrate itself into awakening among Irish neighborhoods as a safety Americans, so too these trials precaution. Most of their can be expected to leave an inneighborhoods are also the delible mark on the people of Western New York. most undesirable. peace." Much 18, 1982 — full of signs that change has taken the Virgin Mary place as a result of the revolu- fireworks and children's without anxtion is the absence of fear. musical voices Remembering a painful period iety or fear. of their recent history, The material lives of these Nicaraguans are quick to tell Central American people have of their many frightening en- greatly changed as well. The counters with the Somoza Na- oft-quoted truism that this has tional Guard, of the terror that been a "revolution for the was a part of daily life; buses poor" is exemplified in the farand taxis were frequently stop- reaching improvements in ped by the government's army, public health since the new passengers forced out and in- government came to power in discriminately shot. People 1979. were often threatened, beaten Probably the most awesome and imprisoned without cause. of the Sandinista's acToday, two-and-a-half years complishments is the internalater, there is a sense of calm, tionally recognized "Great of freedom. Often Crusade of Literacy." Prior to Nicaraguans express gladness this campaign, over 50 percent that they can finally celebrate of the population did not have Christmas and New Year's in the basic skills necessary to peace; they can enjoy read a newspaper or complete "Purisma," a typically a simple business transaction Nicaraguan holiday in honor of without the fear of being cheated; in many of the rural areas, 80 percent of the — — — schools, preschools and day care centers have been built. The enrollment of preschool aged children alone has jumped from 900 to 27,000. This brief listing of a few post-revolutionary successes is not meant to suggest that all in Nicaragua is brightness. The $2 billion in war losses and damages and $1.6 billion in foreign debts that the Sandinistas inherited from Somoza are a serious impediment to rapid economic progress. The governmtent struggles with the complications of part of its a mixed economy agriculture and industry nationally-run, part in the hands of the conservative private sector. Counterrevolution, internally, on the Honduran border, and from abroad, is a daily threat. It has been difficult to read the truth about this unique nation between the lines of reporting in the U.S. press. This truth cannot be found in the bias of anti-communism and antirevolution that so often colors our information. Only in a careful examination of the real lives of the Nicaraguan people can it be uncovered. — (Anne Meisenzahl, formerly the coordinator of the Simple Gifts Child Care Program and staff person of the Western NY Peace Center, spent last December in Nicaragua to learn effects of the revolution first hand.) Viewpoint Contorts Questioned by Joe Galvano students after the Con/Torts final, there were several recur- Frankenstein's monster was ring complaints about the created by a mad scientist in course. Everyone agreed that Transylvania. Here at U.B. Law the schedule created proSchool a pair of mad scientists blems, as having the exam in have pooled their resources to February meant that other create an even more appalling courses had to suffer. creature — a Con/Torts!, a hor- Moreover, prior to the rible combination of two first- December finals, few people year nightmares, contracts and had kept up with Con/Torts. torts. Professors Schlegel! and There were many students Janet Lindgren have succeed- who were very uncomfortable ed in convincing the ad- with Lindgren and Schlegel's ministration of the law school non-doctrinal approaches. that the two courses, once "When is Schlegel going to thought of as distinctly dif- teach us some contracts?" was ferent, are practically iden- always answered "Never!" by tical. With this idea in mind the they mutually developed the believes that doctrine should new course to experiment on a be seen as a "given* with group of white mice disguised which to work, and should as first-year law students. The never be thought of as the author, alas, was one of the answer. mice. I asked both Schlegel and For the first month of the Lindgren whether they thought fall semester, needless to say, I that the experiment was a sucwas hopelessly lost in a new cess, and came away with world of legal jargon. I essentially identical answers couldn't tell torts from Katz's from both ofthem. They would triangles in Constitutional Law. like to teach the courses Luckily things pulled together together again and feel that for me by December, except they have both learned from for Con/Torts. Panic began to the experience of working set in by January when I realiz- together. ed that I had an exam in a Schlegel's response to the month. Finally, in the beginn- question was typical ing of February, things fell into "Schlegelese"... "I'm not sure place. if it was a success but I'd do it When I spoke to other -continued on page 7 �A Lesson In Legal Ethics The members of the Law Review and Moot Court Board may not have run scared from the threats of Oxforia. Professor Bojangles may not have urged the student organizations to forget the entire issue. The entire event may be nothing but vicious gossip and rumors, unfairly maligning the real names of Dagger, Bojangles, and the two student run organizations. Another possibility: the facts may be correct, but the explanations far different from those circulating around school. A lesson in legal "ethics." Someone falsifies a document that!is understood as a representation of that person's qualifications and character: a document intended to result in the employment of its author (the winner) at the expense of less fortunate authors of similar documents (the losers). Quite by accident, the falsehoods are discovered. Those who make the discovery express outrage and set out to take "appropriate" (institu- it into the ranks of the "most worthy") and an established member of the school's faculty decide that official disciplinary action is inappropriate. Predictably (predic- table, but reached. The author of lies is not removed from school; s/he receives no "F", no letter in his/her file, no suspension as might those who agreement are caught cheating on an exam (perhaps a lenient penalty for cheating on an exam); s/he is not tried and convicted as would likely be the case if, instead of a resume, s/he were the author of a forged check; no mention of the nature of his/her behavior appears on his/her official records (or so say the rumors). Instead, s/he agrees not to carry out his/her threat to take legal action if denied an opportunity to com- pete for a position on one of — services of an attorney, an extremely competent attorney, to "protect" his/her "rights." For one reason or another (perhaps the school's reputation, perhaps the student's soa career that called career does not yet exist) the "prestigious" boards of students (those of "us" preferred by our already established predecessors when it comes to job offers, opportunities, money, and a chance to make — -continued frompage 2 out to mean flimsy principles, compromise, behind the scenes "deals," and ambiguity that smacks of cowardice and hyprocrisy an "ethics" seemingly without any understanding or concern for right and wrong, good or bad, fair or unfair. How will the "good name of the school be preserved" (a likely explanation for why the issue was dropped) by burying reprehen- the episode, the pressures or reasons Dagger might have done such a thing. In fact, no one knows whether or not the event transpired. What circulates are rumors, innuendo, criticism, perhaps all of which are untrue. If no such event ever occured, some public statement ought to be made so that the reputations of the involved individuals and institutions no sible activity? Would the longer suffer. If the event did school's name not be better take place, we all ought to be served by taking steps to pre- informed; what was done, why vent the sorts of activities that has there been no official went on: "UB Law School its public action taken, why are faculty and students — situations such as these "hushbelieves in the principles ed," what can be done to about which it speaks, believes lessen the likelihood that soenough to do something about meone feels the need to injure the transgression of those prin- him/herself and the rest of us in the future. If the appropriate ciples." But why am I writing this? faculty members and students Why would I want to risk hur- are unwilling or inadequately ting a person I know almost prepared to deal openly and nothing about? If anyone — — those "prestigious" boards ought to be reprimanded it (and perhaps agrees to inform ought to be the FSRB or recipients of the document of perhaps the student organizalies that "errors were made" tions that we are told mean so document was much, not this individual who drafted). may simply have done Legal "ethics" in a nutshell. something that many of his/her We hear about the legal pro- fellow students do all the time. fession's horrible public image Ordinarily, law school gossip and the need for training in goes in one ear and out the legal "ethics." The require- other. Much of it is silly, trivial, ment that we take a course in or ridiculous. This situation "ethics" is all but shoved down strikes me as anything but our throats by the ABA and the trivial. The potential for real law school. We take the course damage as a result of rumors and learn our "ethics." But or coverups ought not be to be "ethics" immediately preced- ignored. ed by the word "legal" means What of D. Dagger, the supsomething other than ethics. In posed author of the resume. this concerned institution (and Right now s/he is simply the likely other institutions, equal- subject of "corridor truths." ly concerned) "ethics" turns No one knows the specifics of tionally appropriate) action. when the The author, however, far from contrite, takes the "lawyerly posture" s/he purchases the nonethless outrageous) a deal is made, an .-. Contorts ... again." Professor Lindgren agreed that the schedule caused some unforeseen problems. At the time when she felt that the class was gathering momentum, the students stopped preparing for class when confronted by the December exams. After the winter recess, it was difficult to regain any momentum as there was an exam scheduled only a month later. Professor Schlegel felt that he and Professor Lindgren were unsuccessful in their attempt to pull students away from their notion of looking at contracts and torts as separate effectively with a situation which, in one way or another, affects all of us, then the mechanisms by which such situations are processed must be recognized-as inadequate and other avenues of "solu- tion" or "prevention" ought to be explored. What sort of "ethics" can we imagine that would foster (in fact create) a situation that presents either of two possibilities: an innocent individual is unfairly maligned or a person who has committed an outrageous offense against his/her peers is not required to account for his/her actions. The profession's monotonous response to exogenous demands for regulation comes to mind: "The profession polices itself!" .ridiculous. . David Bryan Schwartz —continued from page 6 entities rather than viewing the two as one. He attributed this as partially due to the embedded notions which the students bring with them to law school. He feels that it would take from 12 to 18 months to put these notions to rest. The schedule for next year's first year class is not yet certain, but as of March 8 according to Schlegel, contracts and torts will be taught for six hours a week during the fall semester, although not necessarily in the Con/Torts mode. However, there will be a twist Lindgren will teach contracts and Schlegel will teach torts. — Flowing) March 18, 1982 Opinion 7 �A New Game Called 'Stallball' Is Cheating Fans to Quebec for Frycer, one of they have a little power to can be drawn between this inQuebec's endless supply of back it up. George Foster gives competence and the of- his slim margin. Not only would the spectators uproariously complain about not getting their moneys worth, but the referee is empowered to insist that the parties that are in the ring to fight do exactly that, and may penalize one who fails to do so. to preserve by Steve Getzoff The regular college bastketball season has concluded and 48 chosen elite now attempt to make their way to New Orleans, to be classified as one of the "final four." Since by the time this article is published, most of my picks will have been eliminated, I will forego While the shot clock such predictions and instead represents the only hope for focus on one matter that is, or the enternal salvation of colshould be, of grave concern to lege hoops, its adoption may college basketball. The matter, take a few years, which is a few as anyone who suffered more than the game can afford through the ACC champion- to wait. In the meantime, the ship game last week could tell NCAA should probably adopt you, is the age-old, but newly a procedure similar to boxing, popularized game known as and allow the referee to warn, "stallball." The art which has and eventually penalize (either been perfected by the ACC, by turnover or technical foul) a has been employed by teams team that blatantly refuses to protecting slim leads with as play the game of basketball for much as ten or fifteen minutes extended periods of time. in the game. The result is that Otherwise, in a few years, the fans (and players for that there will be no one but retired matter) are being cheated out coaches in the stands. # of at least a quarter of a game * * of basketball, whereas in the Althought the weather may NBA one would cherish the op- indicate otherwise, April, and portunity to see a game go the NHL playoffs are only a down to the wire. In college few weeks away, which means basketball, all that would that Crat Trans grades should mean is the team with the lead be up in a month or two. The and/or ball with five minutes NHL trading recently passed, left waiting for the last shot. seeing St Louis making several Until Minnesota bored lowa in- changes in an effort to gain an to defeat a few weeks ago, I edge on Winnipeg, their evennever thought I would sleep tual first round opponent. through double overtime in a Hanlon, an excellent basketball game. goaltender from Vancouver In order to put this was obtained to assist heavily phenomenon in perspective, I overworked Mike Liut. Guy Lasuggest that you imagine a pointe joined the Blues in exchampionship fight of the change for that ever present Leonard-Hearns variety, where trade bait, future considerathe fighter ahead on the cards tions. Toronto, for no apparent after 10 rounds refused to reason, since the team is going engage in further combat so as nowhere, traded Wilff Paiment I ( HZ%%%A EVIDENCE One phenomenon even more distrubing than the aforementioned stallball in the NCAA is the consist refusal by NHL referees to call the final 15 minutes of a game the same way as they call the remainder. Hockey has got to be the only sport in existence where officials lack the fortitude to make the critical calls in the that takes even one or two final minutes, adopting a "see no evil" posture. An informative comparison their own. * * * The Yankees began the 1982 preseason much in the way they finished last October, losing 1-0 to the Atlanta Braves. It is a bit early to despair in light of the collection of talent they possess this year. With Griffey, Collins, Randolph, Milbourne, Brown and Mumphrey, the Yanks are easily the fastest team in the league. If they do not lead the league in stolen bases this season, Bob Lemon and George Steinbrenner should undergo some serious personality disorder tests. On the other side of the river is a team who has shown that it is not afraid to run, only now ... New Director —continued frompage 4 plicants] are evidence of growing support for the SBA," Romeo remarked. "I hope they eventually find their nitch somewhere in the organization." "As for Jill," she continued, "I think she'll work out fine, although personally I was hoping for a militant, man-hating, SBA's reputation as a prestigious deliberative body. The khakis don't do much for Jill either." "I also think there's a sleazy side to this whole election," Mcßride continued. "I think it's more than coincidental that she was elected on the day the world was supposed to end. It's my belief that the entire 'Jupiter Effect' was merely a communist plot to divert our attention from this election. Indeed, this is just one more example of the growing Cuban involvement in SBA affairs." feminist." SBA Vice-President Joe Mcßride had a slightly different perspective. "The beard and the cigars have gotta go. They will absolutely ruin the J^ LAW CONSTITUTIONAL LAW CONTRACTS — dfßfcl \ TORTS Similarly, in a recently indoor soccer playoff contest in Montreal, Les Manic (as the Montreal team is called) led by a goal. With fifteen seconds remaining in the game Tampa Bay was awarded a penalty kick on a marginal infraction in the penalty area. In addition, two Montreal players were given penalties for expressing their views on the call. The result was an easy Tampa Bay victory in overtime. After viewing such calls, I fail to see any justification for hockey referees ignoring most penalties in the final minutes of a closely fought contest. playoff games from them should receive a trophy of CRIMINAL EVIDENCE —ITT TORTS REAL PROPERTY Cleveland was awarded two fouf shots and won the game. > J CRIMINAL PROCEDURE Bw r Berenson. His replacement (and old-time Ranger fans will love this one) is current CM Emjle Francis. Their first outing under the new leadership, however, was against the Islanders. One needn't call Sportsphone to find out the result of that match. The play of the Islanders is so awesome and so consistent that a team CR.M.NAL r- 1 I S the Mets an overstaffed outfield, and one player (probably Mazilli) will be dispensed with in an effort to bolster the pitching staff. All the Mets have to do is finish in fourth and they will be selling out regulardependence on a single ly, and if Neil Allen can pilch goaltender. as well a starter as he did in The most dramatic move relief they may just do even last week, however, was the fir- better than that. ing of St. Louis' coach (and last * * * year's coach of the year) Red B CONTRACTS ficiating in NBA and NASL contests. Last week Portland, playing at home, and needing a victory in order to make the playoffs, led by one point. With no time left on the clock Czechs. Pittsburgh obtained the well traveled Gary Edwards, who defeated the Rangers in his first game in goal, leaving Buffalo and Quebec as the only remaining teams with an unhealthy JOSEPHSON BRC BAR/BRI iff CONTRACTS ' ~ CRIM NALLAW jM 8 i "^^^ .^^^ ( CRIMINAL PROCEDURE — EVIDENCE t i /' " EAL PROPERTY g _^^ BAR/BRIg (Standard Version) (California Version) The six "Multistate" subjects will probably account for 60-100% of the bar exam you will take. Josephson BRC provides the most comprehensive Law Summaries (over 40% more than the BAR/BRI standard version and almost 20% more than its special California version) and the most concise capsule outlines (about 15% less pages than BAR/BRI Mini Outlines). , •Comparisons based on most currant materials, October 1 ——jal 8 Opinion March 18,1982 BLli 1981. Marino-josephson/BRC 71 BROADWAY, 17th FLOOR. NEW YORK. NY 10006. 212/344*180 �Non-Prom Organization US Postage PAID Buffalo. New York Permit No. 708 Opinion 'The function of a free press is to comfort the afflicted and afflict the comfortable." — An Extra Edition H.L. Mencken State University of New York at Buffalo School of Law Earl Pfeffer Daniel Ellsberg's talk in Buffalo this evening will recall for many his efforts in exposing the top secret historical and policy statement on the Vietnam War: The Pentagon Papers. This will be especially timely in light of the growing United States presence in El Salvador as well as the Administration's attribution of the conflict there to foreign communinst intervention, and our government's assertions that it is fighting to preserve a democratic future for El Salvador. There is a ring of similarity between the Administration's analysis of the crisis in Central America and the justifications that were given for our involvement in Vietnam. A man greatly responsible for the present understanding of our country's role in Vietnam is Daniel Ellsberg. His release of the Pentagon Papers and his subsequent participation in the anti-war movement did much to reveal the illegality and immorality of the American presence in Indochina. The Pentagon Papers illustrated how American policy makers ignored the advice of the intelligence community which was gathering and supplying the government with information. The"Papers"carried intelligence reports of 1961 which informed the government that 80-90% of all Viet Cong personnel were recruited locally, and that there was little evidence of Viet Cong dependence on external ; supplies. The "Papers"further acknowledged that the struggle was primarily "nationalistic" and March 17, 1982 ELLSBERG SPEAKS COMMENTARY By Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 "anti-colonial" rather than part of a Russian or Chinese plan. The Pentagon Papers provided documentation that U.S. policy makers were advised that the war might not be winnable and that the "domino theory" which predicted that a successful revolution in Vietnam would be followed by insurgency elsewhere was not totally accurate. Yet the American people were told a different story. Perhaps State Department releases on Central America should be questioned in light of what we know about information we were given about our involvement in Vietnam. From 1971 to 1974 Daniel Ellsberg actively campaigned against the Vietnam War. Today he comes to UB to talk about a different problem-Nuclear Proliferation. Although the subject matter of Ellsberg's cause has changed, his message remains much the same: the information given by the U.S. Government to its people as reasons for its defense and foreign policies are not the whole story. Very often such information amounts to outright deception. On Wednesday (TODAY) March 17, wellknown author and anti-nuclear activist Daniel Ellsberg will speak on "NUCLEAR WEAPONS AND INTERNATIONAL LAW" at the U.B. Law School's Moot Court Room, O'Brien Hall on the Amherst Campus. The lecture begins at 7:00 p.m. and is free to the public. An honors graduate of Harvard, Daniel Ellsberg began his career at the Rand Corporation, the West Coast "Think Tank', 1 as a strategic arms specialist before joining the Pentagon in 1964, where he worked on nuclear command and control systems. As one of Defense Secretary McNamara's "whiz kids ,,1 Ellsberg helped formulate and lobby Congress on behalf of the Johnson Administration's "pacification program" in Vietnam. After he toured Vietnam as a member of General Lansdale's Senior Liaison Group, Ellsberg helped compile a secret study of American-Vietnamese relations from 1945 to 1967. This forty-three volume study—now known as the Pentagon Papers—disclosed that White House policy in Vietnam was heavily influenced by misleading and fabricated military reports. After he unsuccessfully urged the Senate Foreign Relations Committee to take action on the report, Ellsberg made his now famous release in 1971 of the Pentagon Papers to the New York Times. Since the End of the Vietnam War, Ellsberg has been actively lecturing and demonstrating, both in America and abroad, on the dangers of the nuclear arms race. A tall, lean man with a narrow sharpfeatured face, piercing blue gray eyes and graying hair, Ellsberg is a brilliant and articulate' speaker and is invariably interesting. The event is sponsored by the Distinguished Visitors Forum of the Student Bar Association and the S.A. Speakers Bureau. cont. Ellsberg's current thesis is that the American government is frightening its citizens into accepting the necessity for increas- ed research and development of nuclear wea- pons and the willingness to use them. This, we are told, is necessary because of the imminence of Soviet superiority and a possible first strike by the Russians. The reality, according to Ellsberg, is that for most of the past thirty-five years, it has been the U.S. which has had an overwhelming military and nuclear superiority, and through its position of dominance, the U.S. has asserted its foreign policy at the far corners of the globe � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-03-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/17/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a5ab860710c77f1e0f61069fa8bb1317.pdf 232415ab833ca1521bc869affc46f14e PDF Text Text Clinic Instructor Gerken Is Advocate For Disabled by Larry Spielberg When Professor Joseph Cerken became a member of the Law School faculty last fall, he was surprised by the energy of students enrolled in the various clinical courses. "I spent three years working developmentally disabled clients in individual and class action litigation, working primarily in the areas of special education, employment discrimination, access to public transportation and public services and provided training and back-up services for attorneys and other ad- at Neighborhood Legal Services. Many of the staff at- vocates. Professor Gerken's interest torney's there were frustrated by the budget crunch and the in disabilities law began in fact that you lose so many of 1975 when he visited what was these cases, whereas second then the only hostel in Western and third year law students are New York for retarded persons, Sereager to go out and do operated by PEOPLE vices To the Retarded Adult in something in the face of many Erie County, Inc. Soon obstacles." thereafter he joined their staff. As a staff attorney at During his two and a half years Neighborhood Legal Services in association with PEOPLE, Mr. Cerken established and the community residence prooperated the Western New gram was expanded from one York Protection and Advocacy to six community residences, Program. He represented each serving between eight — Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 . tough." U.B. graduatereturns at clinical instructor and twelve residents. Although initially hired to teach the Mental Health Law Clinic, Professor Gerken is now also teaching a clinic in Developmental Disabilities Law, his specialty. "What impresses me about the setup here at U.B. is that (Moran) there is a lot of flexibility as far as coming up with innovations. I was hired to do mental health law and yet it was very simple to add a clinic in developmen- tal disabilities and help Professor Newhouse teach his seminar. In a more traditional setting this would have been Opinion Professor Gerken is a 1975 U.B. law school graduate His first two years at the law school were spent at the Old West Eagle Street location adjacent to the various courts. And how does the new location compare? "Ironically/ he notes, "the one big difference is that students today are a lot more sophisticated about how the law works; they know how the courts work." A jogging enthusiast, Professor Cerken can usually be found sporting his running shoes. "Occasionally I jog home from Amherst to my apartment on Buffalo's west side when I find it inconvenient to wait for the bus." Cerken also enjoys jazz music and has an extensive record collection which includes punk rock as well. Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 'The function of a free press is to comfort the afflicted and afflict the comfortable." Volume 22, Number 9 — H.L. Mencken State University of New York at Buffalo School of Law March 4, 1982 Law Student Alan Rosenfeld Arrestedand Suspended by Barbra Kavanaugh Third-year student Alan Rosenfeld plans to bring a §1983 suit against former Univeristy President Robert Ketter and others, claiming that his automatic suspension following arrest for criminal trespass was a deprivation of his constitutional right to procedural due process. Rosenfeld was acting as a non-participating legal observer at the sit-in and demonstration at Squire Hall on Friday night when he was arrested for refusing to leave the building at the request of U.B. security and insisting that he be allowed to observe the arrest of thirty-eight demonstrators. At the request of Save Our Squire (5.0.5.) representative Craig Fields, Rosenfeld had organized eight law students to act as legal observers at the sit-in.' "Essentially, it was impor- tant for us to be non- participating and to be available as 'potential witnesses, if necessary. I was also hoping that our presence' might decrease the chance of unintentional violence. Everyone, students and security, was acting very tense and paranoid. Our role was to function as witnesses in case any violence broke out, also to calm diffuse people, and to diffuse any violence by our presence." The legal observers, including Frank Butterini, Bar- bra Kavanaugh, Ward Oliver, Shelly Reback, Andy Sapon, John Ziegler, and Rosenfeld, all wore bright badges and car- ried law student I.D.s as well as copies of a letter to Public Safety Director Lee Griffin which identified them as par ticipant legal observers. students who threatened peo"I never actually got a letter ple with weapons or start fires into Lee Criffin's hands until and certainly was not apFriday night," said Rosenfeld, plicable to myself, as I merely "but Dr. Ketter said that he wanted to exercise my responknew on Friday afternoon that sibility of attending the public the observers would be there protest as a non-participating as non-participants and he legal observer." made a decision to have us ar"I told him all I wanted was rested. That decision was the right to go to classes, go to made during the day, so there the library and work in the isn't really any doubt about clinic office, and there is no notice problems. Ketter knew conceivable way he could imabout it and made a decision." agine that I would be a danger Rosenfeld spoke to Ketter to public safety. He said that on Saturday morning when he since I broke one rule by not demanded that either the leaving Squire Hall when I was suspension be reversed or that told to do so by Lee Griffin, he an immediate hearing on the couldn't tell what else I might issue be scheduled. Ketter do. So he saw me as a "contiagreed to meet at 1 p.m. that nuing clear and present afternoon. danger" and upheld his own "He had an attorney there in suspension of me!" the room, and I had a tape "These issues have to be recorder," said Rosenfeld. "He resolved, at least within the acknowledged on tape that he University: the students' right knew in advance that the law to have people with them students would be there as while they're being arrested legal observers; he knew in ad- and the students' right to have legal vance of my efforts to diffuse non-participating the situation and to prevent observers at public protests. violence, but that didn't By arresting me, Ketter gave change his mind." me the standing to take the "I talked to him about his issue to court, which I intend power to suspend someone to do even if the suspension is from school prior to a hearing lifted," said Rosenfeld. Ketter in which the student has the has scheduled a hearing on protection of due process of March 20 before the Presidenthe law: the right to confront tial Committee in order to exand bring witnesses, to present amine the issue of Rosenfeld's evidence and have an impar- suspension, despite the fact tial body make the decision. that the Trustees' Rules and The Trustees' Rules and Regulations require that all Regulations allow him to sus- suspension hearings be held within ten days ofthe incident. pend someone prior to a hearing only when that individual At press time, there was still presents a continuing "clear some confustion as to what difand present danger" to public ference Dr. Sample's arrival as safety and administration of University President could the University. I explained to have with regard to him that it was an extraor- Rosenfeld's case or in regard dinary power that he had to the cases of any of the other which was only to be used with arrested protesters. Rosenfeld cited several examples of the importance of having non-participant legal observers at a demonstration. A man was pointed out to him by a student as having attended a meeting of S.O.S. on Thursday afternoon and having talked about violence and sabotage. Another student claimed to have seen the same person in a Buffalo police police started to forcibly push the crowd out of the building. Another woman began to stumble and fall, as U.B. public safety officers pushed the crowd out of the building. But when two legal observers shouted to the officer, who was pushing the person in back of her, to stop, he did not. He was not wearing any visible what he thought should be policeman began swinging at identification, and did not resuniform. pond when asked for his name "I asked Don Shonn, at- or badge number and contorney for Sub-Board I, Inc., tinued to push. Another done about the individual and students' arms with his he suggested that I assign one utilityflashlight in order to of the observers to stay near break their hold on the doors. the possible provocateur. Subsequent to his arrest and That's what John Zeigler was suspension, Rosenfeld on doing. If it did turn out that March 1 requested of Dean this individual was a police of- Headrick that he make a perobserved ficer, and was in- sonal intercessionary phone citing violence in which call to the new University students were hurt, it would President, Steven Sample, on have been critically important his behalf. that the observers were there and were able to testify. Another student had been pointed out as being slightly irrational and unpredictable and Andy Sapon was assigned to stay near and to watch that person's behavior. One man had his camera Rosenfeld, who, as a suspended student, is subject to arrest for trespass should he be found on school grounds by U.B. security staff, was told by Dean Headrick that such a was call phone "inappropriate," and was also told by the Dean that he would decline to give an opinion to the new president on the Rosenfeld arrest. Headrick pushed into his face by what appeared to be a plainclothes officer, who retreated into the building when asked for his name. An observer was promis- could not be reached before ed by another uniformed of- presstime for comment on this ficer that the man would be identified, but when she asked about it later, outside of the building, the uniformed policeman denied any knowledge of the incident. Other observers, who were among the very last to leave the building of their own volition, reported that a tense situation was created when the matter. Robin Romeo, President of the Student Bar Association, has written a strongly worded letter to President Sample's office protesting Rosenfeld's arrest. A number of other students have written Sample as well, asking for clemency for Rosenfeld, in view of his legal observer status. �Librarian: 'Smoking, Si; Eating, No' Opinion Vol. 22, No. 9 March 4,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Barbra Kavanaugh Earl Pfeffer Gary Caines, Kevin Moran Frank Bolz Business Manager: Contributors: Captain Arthur Carfinkel, Winsteadi Lome, Ward J. Oliver, Jill Paperno, Alexander Plache Staff: Wendy Anne Cohen, Marc Canz, Steven Cetzoff, Marty Miller, Rick Roberts, Robin Romeo, Joe Ruh, John Stegmayer © Copyright 1981, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. Reinstate Rosenfeld The arrest last week of law student Alan Rosenfeld at the hands of university authorities and his subsequent suspension are indicative of the cavalier attitude the administration has displayed in the closing of Squire Hall. Mr. Rosenfeld and other law students had been asked by student organizations protesting the closing of Squire to be present at the Union Friday night as legal observers. The students were anticipating that the high level of emotion and tension surrounding the building's final hours might cause tempers to flare when security forces cleared the building, possibly resulting in abusive treatment of the protesters. This was a" legitimate concern in light of behavior exhibited by police in confrontations with students over the past fifteen years. A two-week occupation of the U.B. campus by Buffalo City Police in 1970 represents a lamentable example of harsh treatment and overreaction. The Opinion believes that the seven U.B. law students who were in attendance Friday night as legal observers were fulfilling a responsibility and obligation to the U.B. student community by their presence. As future attorneys and as individuals familiar with the legal process, these students were best suited to be watch-dogs of Campus Security's behavior. Mr. Rosenfeld's refusal to leave Squire until all students being arrested had been processed does not make him a "continuing clear and present danger" to the U.B. community (to use former President Ketter's words justifying Rosenfeld's suspension), unless of course the University Administration believes that efforts to secure people's civil rights are dangerous. The Opinion hopes that the new administration is not ready to take such a harsh and undemocratic position. We strongly protest this ill-advised display of autocratic force and believe that the administration here at the Law School should intercede in Mr. Rosenfeld's behalf. SBA President Robin Romeo has sent a strongly worded letter to President Sample asking that charges against Rosenfeld be dropped. We applaud Ms. Romeo's actions. We sincerely ask that Dean Headrick take a position on this matter. If the Dean believes that one goal of the educational process at the Law School is to impart to students a sense of courage and a commitment to principle, then there is no better way for him to express his convictions than by setting an example in defending Mr. Rosenfeld's rights. The Onion is Coming!! Make All Submissions by March 24. out. area on the main floor. The final item I would like to The library is having a to your attention is the bring we would and Every so often it becomes mouse problem, library's receipt policy. The in cooperation your important for us to review and appreciate foods library does not formally bringing from refraining that procedures revise some library. We recognize receipt of a library the Law School and student and liquids into the to be book unless you fill out a recis convenient here it realize in are with body familiar while ceipt at the circulation desk. sup to munch and have able the Law Library. Students All the University Libraries unfortunately long wanted a smoking area in studying, but creatures have this policy and it protects only not the have are you the Law Library and we your claim of having returned the in supping and munching establish the to decided enan item if our records show it mice are often library. The O'Brian Room as the smoking missing. area for a test period. The ticed into the building during Kathy Carrick weather, it is and the cold O'Brian Room is the conDirector of Law Library ference room off the study always a problem to get them To the editor: Law Review Invites Competitors The annual law review Spr- Ed up from the Law Review Competition will be starting March 18. Competitors discussed on Thursday, March will have 10 days to complete 11 in room 106 at 3:30 p.m. the casenote. Further details of Each spring, all first year the competition will be providstudents are invited to com- ed at the meeting above. All inpete for associate membership terested first year students are with the Buffalo Law Review. also invited to the Law First year students wishing to Review's open house on Moncompete will be required to day, March 15, from 10 a.m. to write a modified casenote us- 4 p.m. The Buffalo Law Review is a ing a case furnished by the Law Review. The case may be pick- student run organization ing Opinion Mv«h4, 1932 for publication. Incoming members will be required to produce publishable a casenote or comment during their junior year. As associates, members will afso participate in the publication process. The Review welcomes participation from all first year students in the Spring competition. Tax Tourney This Weekend The Moot Court Board at the free loans. Professors Joyce U.B. Law School will once and Louis DelCotto coagain host teams from all over authored an article on this subject in the 35th volume of the the country in the Ninth Annual Mugel Tax Moot Court Tax Law Review in 1980. The competition will take Competition. The tournament, named after Albert Mugel, a place on March sth and 6th U.B. law professor and partner here at the Law School. in the Buffalo firm of Jaeckle, Preliminary rounds will be held Fleischmann and Mugel, will on Friday, March sth at 2 and 4 have 32 teams competing this p.m. The quarter-final rounds year, an all-time record will be on Saturday, March 6th at 10 a.m., the semi-final number. The problem, written at 1 p.m. and the final rounds by tax professor Kenneth round, in the Alden Moot Joyce, faculty moderator of Court Room will take place at the Board, focuses on the 3 p.m. Judges for the final issues of trusts and interest rounds include, among others, Professor Mugel, Stephen Miller, Chief Counsel for the IRS. in Washington, DC, and Agatha Vorswanger, I.R.S. Director for the Northeast Region. The public is cordially invited to attend all of the rounds. TheJvloot Court Board will be represented on the Respondent's side (the 1.R.5.) by the team of Brian Lewandowski, Matthew Newman and Lawren.ce Petitioner's Paul. The side will be represented by Bradley Bennett, Joseph DiCennaro and Benjamin Zuffranierri. BPILP Sponsors Interns In the Spring of 1979, (Law Review), Anne Carberry, students on Law Review and members of the Student Bar Association, motivated by a personal commitment to social justice and perceiving the need for programs in which students could get paid for public interest legal work, combined their own personal funds with those of the SBA to finance summer employment for two law students at Legal Services for the Elderly of Erie County. The Buffalo Public Interest Law Progam, Inc. has continued to be successful because students and professionals in the commnity have remained committed to the original vision and have pledged financial support to programs which try to ensure that all members of this society have access to legal assistance. Law Review has continued to be committed to the program's success, as has the SBA. Each organization places a representative on the Corporation's Board of Directors. Tim Brock 2 which produces significant student and professional articles (SBA), Chris Desmond Rick Juda and Earl Pfeffer comprise the current board. The program has grown over the past three years and is now incorporated. BPILP was able to fund four interns last year in legal offices throughout Western New York. May McHale worked atPrisoners' Legal Services of New York where she assisted in legal challenges to disciplinary proceedings against inmates. David Milliken worked at Chat tauqua County Legal Services, where he studied the workings of the New York State unemployment insurance system and assisted laid-off workers at unemployment hearings. Alan Ferster worked at Client Advocacy Service, a program provided by the Mental Health Association of Erie County, where he aided clients with problems relating to housing, consumer fraud, workers' compensation, and Social Security Disability Benefits. Earl Pfeffer was employed by Legal Services for the Elderly where he maintained his own caseload, assisting clients who faced utility shutoffs, terminations of medical assistance, and possible evictions. BPILP hopes to fund at least as many internships this year. Students will be invited to submit resumes sometime this month. Yet the success of the program depends on the generosity of contributors. The organization realizes that most students are strapped for funds, especially with cutbacks facing them next year. But it strongly believes that if students are committed to a legal system which guarantees everyone legal representation in principle, then they should do what they can to guarantee such representation in fact. Starting the week ot March 8, a table will be positioned outside the library where BPILP members will solicit contributions. Please be generous. A $5 contribution from every student would be enough to fund three interns next summer. �Faculty-Student Board Investigates Misconduct by R.W. Peters fice of the University President. Upon doing so, their administrative remedies are considered exhausted, and they * can if they so choose, then initiate an action in state or federal court. Students at UB Law are sometimes tempted to do things which they ought not to do. Generally, these transgressions occur coincident with finals' time. Cheating, plagiarizing, and forbidden collaboration, while not rampant, do occasionally occur in the hallowed testing chambers of O'Brian Hall. If a student is unlucky or in- FSRB hearings are for the part informally conducted, although the increased student retention of professional counsel has led to greater structuring of the pro- most ept enough to get caught, there is a great likelihood that his or her case will appear before the Faculty Student Relations Board (FSRB). The FSRB is the facultystudent committee that handles the delicate task of or hearing reviewing disciplinary actions against students accused of violating ÜB's unwritten honor code. The Board, constituted in the late 19605, is composed of three faculty members (Janet Lindgren, Nils Olsen, Andy Spanogle) and three student representatives (Jack Hams, Rosenblum, John Stegmayer). Each member of the board is given one vote. Janet Lindgren is chairperson of the Board, having been elected to that position by its Julie members. There are essentially two ways in which a disciplinary matter finds its way before the FSRB. In the first scenario, a professor, believing a student has cheated on an exam or FSRB members (left toright): JulieRosenblum, |«* Haira and Nil, Olsen plagiarized sources in writing a paper, may give the suspect student an "F" in his course. The professor would usually advise the student, by letter or in person, the reasons for his or her failure. At this point, the aggrieved student may ask for a review of the professor's action by the FSRB. The machinery of the Board may be invoked in another way, wherein a professor may request that the Board meet to consider questionable student activity and that it make recommendations on what it table The best established procedures relate to those instances where the Board is meeting as a review panel, not where it is a court of first impression. The FSRB, in such a situation, often faces the difficult task of being both prosecutor and impartial fact finder. Indeed, in past FRSB hearings of this type, it has been necessary for the administration to appoint an advocate for its essentially pro- secutorial position, as the FSRB has sometimes chosen to maintain a neutral posture. sees fit. Once the FSRB has made its This second method by determination, the case is subwhich a student-related conject to review by the Dean of troversy gets before the FSRB the UB Law School, Thomas is one with which members of Headrick. The Dean, who up to the Board are a bit uncomfor- this point has been insulated Law Student Attends Meeting Of NLG In Santa Fe, New Mexico by Ward J. Oliver program included many topics on Central America, Friday that affect Guild members in night. The program began with The National Lawyers Guild their daily work, as well as the the movie "Attack on the held its annual national con- important social issues of the Americas." a right-wing film vention in Santa Fe, New Mex- day. that attempts to resurrect the Tony Mazzochi. Vice- domino theory with respect to ico, February 17 to 21. The meeting drew progressive President for Health and SafeLatin America. Responding to lawyers, law students and legal ty of the Oil, Chemical, and the film were several speakers workers from all areas of the Atomic Workers Union, who offered a different noncountry to the capital of this delivered one of the keynote imperialistic perspective. They southwestern state for five speeches. He discussed the in- included Dr. Ernesto Castillo, days of meetings, workshops dustrial health problems faced Nicaraguan Minister of Justice, and conviviality. by American workers in a and Alfredo Monge, labor The theme of the conven- depressed economic climate, lawyer and member of the tierra, aqua y gente (or as well as the need for a third Democratic Revolutionary tion loosely translated: land, political party (labor) to pro- Front's Diplomatic Commisresources and people) — vide a real alternative for the sion to the United States. In spite of the full schedule focused on the struggles of American People. Lila Bird, the peoples, both at home and other keynote speaker, is from of events, conferees still abroad, to control their lives Cochiti Pueblo and a graduate managed to find the energy to and resources. Situated at the student in public administra- socialize at the end of the day. base of the Sangre del Christo tion at the University of New A salsa party and a dinner Mountains, Santa Fe offered a Mexico. She spoke about the followed by a production of beautiful location in which to expropriation of natural the one-man play, "Clarence meet (and, need I add, to resources and its effect on the Darrow," were among the escape a harsh Buffalo winter). indigenous peoples of the diversions. In some ways, these social gatherings are as imporYet, given the importance of southwest. Throughout the conference, tant as the workshops and land and water rights to the people of the southwest, as a series of workshops educated skills seminars. Besides prowell as the relative proximity participants on various social viding needed recreation, they of Central America, Santa Fe and legal problems facing the helped define the Guild's sense also served as a reminder of progressive community. They of community. Ifs reassuring in these times the grave issues facing us in ranged from "The Retreat of Federal Civil Rights Enforce- of Reaganomics and the sothe 80s. Throughout its forty-five ment and Our Response" to a called "New Federalism," to year history, the Guild has discussion of the "Political know that there are others who worked on behalf of oppressed Problems of Collective Law think and feel similarly about people in the United States Practice," to "Preemptive An- the injuries being perpetrated and throughout the world. Its nihilation: Nuclear War, the upon our country by the premembers are active in the Military Budget and Reagan's sent administration. Guild conareas of labor, criminal Global Strategy of Interven- ventions, as much as anything else, help sustain us through defense, legal services, and im- tion." highlight of the the hard times and give us opPerhaps not the is therefore migration. It surprising that the conference five days was the presentation timism for the future. — (Moran) from the disciplinary proceedings (to avoid any charges of taint or bias), subjects the Board decision to the usual appellate "substantial evidence" test. If the FSRB recommendations meet this test, they are given the administration's approval. Should the student or faculty member seek to appeal the FSRB ruling beyond the confines of the law school, they may request a review by the of- ceedings. Evidentiary rules continue to be very loose, with virtually all testimony permitted. The accused party is permitted to introduce evidence and to present and crossexamine witnesses. Members of the Board may ask questions of the various witnesses. The hearings are recorded, and the tapes saved for a number of years. The FSRB has been functioning effectively for fourteen years. In that time it has heard a number of difficult and potentially divisive cases. In each case, the Board has fairly and humanely heard all of the evidence before it, and has made its difficult but necessary decisions. Local Attorney Speaks by Barbra Kavanaugh Paul Cambria Jr., wellknown Buffalo defense attorney, initiated the S.B.A.'s "Practitioners' Forum" series last Thursday night when he spoke to an audience of thrity law students about his experience in Buffalo and before the Supreme Court. Cambria, a senior partner with Lipsitz, Green, Fahringer, Roll, Schuller & James, is the head of the firm's criminal department and spoke primarily about his work in the areas of First and Fourth Amendment law. Referring to clients such as Larry Flynt of "Hustler" and Al Goldstein of "Screw" magazine, as well as the "Ken- more Bookstore" cases, he admitted that there is a lot of misunderstanding and time wasted by the media and the courts because of these cases. "For example, the Kenmore Bookstore case involved a misdemeanor against a clerk, there were no kids involved, no allegations of children being in the store at all. Nonetheless, the store came into a small community and was resented. So much time is spent on a trivial case when so many more important things are going on, including violent crime which is happening in this very city." "I handle everything from drunk driving to murder, carrying a caseload of 150-160 cases at a time, along with the staff, but the toughest is the Kenmore Bookstore type of case. The most difficult Constitutional issues are involved and there is a high degree of emotionalism on both sides." 'You get involved in a Kenmore Bookstore or Larry Flynt case and everybody hates you. You walk into the courtroom and there is always electricity. People in the gallery shout at "you, and you receive phone calls and threats." Cambria prefers not to be thought of only as a "smut lawyer". He has done a lot of work on Fourth Amendment "search and seizure" cases and has appeared before the Supreme Court in the New York v. Belton case. That case concerned a search and seizure following an arrest. Cambria tried to suppress the evidence found in a zippered jacket pocket which was left in the car when the passengers were arrested. "We moved to suppress on the grounds that, even though Belton was under arrest and in custody, he did not lose his exception of privacy. "The trial judge, literally between sandwiches, said, 'Denied. When can you go to trial?' and the Appellate Court found that the evidence was admissible, because the jacket was in the "grabbable reach" of the defendants. But the Court of Appeals, that fantastic court in Albany, reversed 5-2 and said we were right." However, "the Onandaga County District Attorney also had a recent young graduate in the office who got the idea "Why don't we petition for certiorari in this case?" They did and the day it was granted we knew we were in big trouble. There was no reason for the Court to take the case to agree with the Court of Appeals," and the case was ultimately ' lost. Although Cambria's talk was brief, he was warmly received by the student audience, and provided a pace-setting kickoff for the "Practitioners' Forum" series. MaiWi 4, 1982 Opinion 3 �Materials ». BRC BAR/BRI L»w Summaries BRC law summaries are written on the assumption that the student has not had the subject in law school, but are also tightly edited to give you exactly the law needed to pass the Bar Exam. Extensive explanations, excomprehension amples and bar-type and retention and the ability to spot issues. The BAR/BRI materials are prepared for "review" purposes only, and are thus far more skeletal than BRC's materials, (All of the Multistate subjects are condensed into one cursory The summaries are authored, edited and updated by outetanding legal educators with personal accountability for substantive quality. The BAR/BRI outlines closely parallel the Gilbert outline exception that they are all "anonymously" eeriee> written (unlike Gilberts) and edited down significantly. - volume.) miction » Testing _j « « Alia. OttlCly "D ff atn JrrOgram none of Ac m wf fey ef> BRC law summaries are written with the same clarity and precision that have made our Sum fit Substance series the most effective law school study aids available. A specially designed format features variable typeface print, numbered lines, and caption headings. - Capsule Outline* BRC provides condensed outlines (with wide margins for notes) for each bar-tested subject, keyed to page numbers in the law summaries. BRC provides a complete written system of how to use the CapsuleOutlines in conjunction withthe main summaries, to allow intelligent .shortcutting when necessary or desirable. volume ofcondensed outlines section numbers in the long outline. There is no system provided for their use, and the "Mini" Outlines only cover Multistate subjects. BAR/BRI provides a separate keyed to BRC Capsule Outlines, in general, are longer than BAR BRl's "Mini" Outlines. - J^eCtUXeS Mnemonics and Issue Graphs BRC provides an extensive and unique set of "JlG's" (Josephson Issue Graphs) and various mnemonics as part of the review course. Nothing comparable, BRC students participate in the unique Programmed Learning System (PLS). PLS involves a well-planned study schedule which integrates comprehensive pre course diagnostic testing, reading assignments, self-testing "reinforcers," problem solving lectures, delayed feedback reinforcement and review tests, and weekly practice exams (individually graded and analyzed). Although BAR/BRI will provide some essay grading, there is no system of testing and feedback that is designed to provide a paced study approach, Stressing the flexibility and non-programmed nature of BAR/BRI, students are required to decide what, if any, study features they should use. BRC consciously seeks to direct the student's study time, to build confidence, to channel nervous energy in constructive directions, and to provide a broad range of diagnosis and feedback mechanisms to asure that the student has solid objective informationabout his/her strengths and weaknesses. BAR/BRI does offer an objective pre course exam for Multistate subjects only. The exam, in our view, is far too N.Y. CPLR lectures are presented in advance of Summer course and at no charge for BRC enrol lees who want to learn Precourse CPLR program incurs a $45 charge. complex for a pretest and few students find it worthwhile, CPLR before the course. - MultistateSubstantiveReview Three full days of intensive lectures at the conclusion of the course, highlighting all the substantive law that you need for the New York Exam. - Management j aHO. \Oβ t\ fhffi -5 O AtaUVllllt l r»"V" T>f-kl "-*■■"'*•' J' Nothing comparable, Problem Integration Lectures Draw on thirty years of Joe Marino Sr.'s experience in preparing student for all thirty subjects that have appeared on the New York exam. The lectures serve to instruct students on how to handle the multistate crossover questions always found on New York's essays. No single lecturer of comparable stature for New York Exam preparation, BRC is a totally independent,closely held company, managed and controlled by the same people -who built itinto its present position. All decisions affecting any academic component of the course must be approved by its director and founder. Professor MichaelJosephson (a full professor of law at L°.yol a Law School, Los Angeles). Key positions are held by people who have been active participants in the development ofBRC programs and the educational philosophy from which all BRC and CES programs spring. In 1975, BRC rejected acquisition attempts by Harcourt-Brace-Jovanvich (which alreadly owned BAR and BRI). BRC is, by far, the largest independent bar reviewer in the nation. In 1978BRC purchased the Marino Bar Review course, and contracted with Joe Marino, Sr. to continue to lecture forBRC. Marino's thirty years of New York bar exam experience has lent an unparalleled dimension to BRC in New York. BAR/BRI of New York is a division of the Harcourt Brace Jovanovich Law Group, which in turn is a subsidiary of the Harcourt-Brace-Jovanovich conglomerate. This con glomerate owns Sea World, insurance companies, magazines, and other diverse products. The only law school academician involved on BAR/BRl's Board is a professor at ITT/Chicago Kent Law School. -. '';f ''''/// %. IffM | £ < •/ 5 ~S «$ * *' <^ %%»•**'" iiiiifflOHßiuiii BRC NEW YORK: BHC, 71 Broadway, 17th "1., New York, N.Y. 10006 (212) 3444180 4 Opinion March 4,1982 �Statutes Of Limitations Restrict Asbestos Recovery Editor's Note: This is the second in a series of articles examining asbestos, its link to disease and the impact of statutes of limitations on the right to recovery of individuals injured from asbestos exposure. by Alexander Plache Today there is no doubt that exposure to asbestos causes serious illness. Futhermore, there is no doubt that the manufacturers of products containing the substance have been aware of the causal connection between asbestos and disease since the 19305. It is therefore not surprising that in our society the most litigious in the world, many personal injury and wrongful death actions have been instituted against the manufacturers of asbestos products. It is noteworthy that although ac- , tions by employees against their employers are barred in all states by legislative enactment of Workmen's Compensation Laws, there is as of yet no such bar to an action against the manufacturer of an asbestos product who later sold it to the plaintiff's employer. Currently there are from eight to ten thousand cases pending against the asbestos industry. This number is not expected to decline in the near future. The first asbestos case to be tried to a successful conclusion for a plaintiff was the landmark case of Borel v. Fibreboard Paper Products Corp., et. al, 493 F. 2d 1076, (1973). The plaintiff, Clarence Borel, an industrial insulation worker, claimed that he contracted asbestosis and mesothelioma as a result of his exposure to the defendants' products over a thirty-three year period beginning in 1936 and ending in 1969. In Borel the United States Court of Appeals, Fifth Circut, affirmed a decision of the District Court which held that manufacturers of products containing asbestos had knowledge of the medical hazards associated with exposure to the substance and were negligent in failing to adequately warn those who came into contact with their products. The verdict for the plaintiff in Borel necessitated a finding that the asbestos industry knew or should have known of the dangers of asbestos inhalation by insulation workers. Because the issue of the adequacy of the industry's warnings to those exposed to their products was, decided in favor of the plaintiff in Borel. defendants since that case have had to redirect their strategies toward other defenses because of the rule of collateral estoppel. One defense which is invariably raised by defendants in an action for injuries arising form long term exposure to asbestos is that of an applicable statue of limitations. Statutes of limitations present courts with a difficult problem arising in actions for injuries from exposure to asbestos because the injury does not always manifest itself after exposure and because if an injury does occur it typically takes years to show up. In the typical negligence or products liability case there is no problem as to when the cause of action accrues. For example, when a plaintiff gets his hand mangled in an allegedly defective punch press the paintiff's action against the manufacturer of the press accrues at the time of the injury. Moreover, in most jurisdictions, the result is the same even though a number of years have passed since the press was delivered to the plaintiff's employer. It should be noted that a number of jurisdictions have specifically enacted statutes ofrepose in products liability actions so that if the plaintiff is injured after a prescribed time period has lapsed since the manufacturer relinquished control and possession of it no action can be maintained against the a legislative enactment which prescribes the period within which an action to recover for personal injury caused wrongfully by another must be brought. Statutes of limitations are both useful and necessary. The purpose of statutes of limitations is to force a plaintiff to bring his claim within a reasonable time so that the defendant may have timely notice of a claim him, and so that stale claims and the uncertainty which they produce will be avoided. Such statutes are against legislative attempts to prevent faded memories, death or disappearance of witnesses and the loss or destruction of records from unfairly burden- injury. Most of the courts which have recently faced the question of when an applicable statute of limitations begins to run in the case of a latent injury which takes many years to manifest itself have adopted some sort of discovery or manifestation theory. Various reasonings are used by courts which have accepted such a theory. One of the early cases applying the discovery rule to a latent disease was Uric v. Thompson, 337 U.S. 163 (1949). In Uric the In cases involving similar inplaintiff contracted silicosis juries resulting from exposures from exposure to silica dust to deleterious substances over which arose from sand a period of time, courts have carried in consistently held that the cause materials locomotive sanding boxes. The of action does not accrue until plaintiff was suing for compen- the effects of such exposures manifest themselves 493 F.2d. 1102 In Hang v. lohns-Manville Products Corp., 284 Md. 70, 394 A2d 299, 1 ALR 4,h 105 (1978), the Court of Appeals of the adopted Maryland However, a product which causes a disease or an injury only after years have elapsed Worker tends to mechanized weavingprocess (graphic by NACLA) since the plaintiff was exposed to the substance presents ing defendants. They afford sation under the Federal courts with a more difficult protection against ancient Employers' Liability Act. In problem. In such cases courts claims and prevent claims by Uric the U.S. Supreme Court must decide when an ap- those who have not timely accepted a manifestation rule, plicable statute of limitations followed up on their rights. A holding that the date the plainbegins to run. Since asbestos statute of limitations is a tiff discovered the disease related injuries typically take legislative codification of the commenced the running of the several decades to manifest principle that it would be un- statute of limitations. In so dothemselves, if the statute of fair or inequitable to allow a ing the court rejected the limitations is found to begin to party to enforce his legal rights defendant's argument that each breath of the silica was a separate injury and that the accrual of the cause of action dated from the time the substance was inhaled. In criticizing the position of the substance then the plaintiff can be literally barred from maintaining a cause of action before he is aware of an injury. That such a result would be unjust, inequitable and possibly unconstitutional as violation of due process seems obvious, however, there are a few jurisdictions, and New York State is currently among them, which adhere to an exposure theory in such cases. Every state in the union has enacted a tortstatute of limitations. A statute of limitations is This of action does not accrue until the injury is discovered or in the exercise of reasonable diligence should have been discovered. injury. ruri at the time at which the plaintiff is exposed to the .. principle is analogous to the "discovery rule" applied in medical malpractice cases, which provides that the cause manufacturer. Nonetheless, except for occasional problems with statutes of repose in states which have such a thing, problems rarely arise in determining when an applicable statute of limitations begins to run in the case of a traumatic Miner displays atbeitot ore. reached by the Supreme Court in Uric. In Borel, although it was unnecessary for the court to decide the specific issue of when the statute of limitations should begin to run in the case of a worker who has developed an asbestos related disease, the court nonetheless cited with favor the result reached by the Supreme Court in Uric. After noting the similarities between asbestosis and silicosis, the Borel court wrote: (photo by NALLA) after too much time has elapsed between the wrong and the bringing of the action to right it. The statute of limitations is intended to run against those who are neglectful of their rights and who fail to exercise proper diligence in enforcing them. There are many different possible times at which a particular statute of limitations could begin to run. These may be grouped into two main classes: Those which relate to exposure to the substance and those which relate to manifestations of the resulting defendant the court wrote: It would mean that at some past moment in time, unknown and inherently unknowable even in retrospect, Uric was charged with knowledge of the slow and tragic disintegration of his lungs; under this view Uric's failure to diagnose within the applicable statute of limitations a disease whose symptoms had not yet obtruded on his consciousness would constitute a waiver of his right to compensation on the ultimate day of discovery and We do not think disability. the humane legislative plan intended such consequences to attach to blameless ignorance. Nor do we think those consequences can be reconciled with the traditional purpose of statutes of limitations, which conventionally require the assertion of claims within a specified period of time after notice of the invasion of legal rights. 337 U.S. 163,183-187. discovery rule in a case involving mesothelioma holding that a plaintiff's cause of action for latent disease, whether framed in terms of negligence or strict liability, accrues when he discovers, or through the exercise of reasonable care and should have diligence discovered, the nature and cause of his disability or impairment. In so holding the court likened the development of a latent disease to the discovery of professional malpractice for which a discovery rule had already been adopted in Maryland. The court wrote: In our judgment, the critical factor, which precipitated our adoption of the discovery rule in the professional malpractice cases, is equally present in the instant case. We noted in a professional malpractice case against an accounting firm that the rule "gives to the individual exercising reasonable diligence . the full benefit of the statutory period in which to file suit, while at the same time protecting the defendant from 'stale claims,' as was intended by the Like the victim of statute." undiscoverable malpractice a person incurring disease years after exposure cannot have known of the existence of the tort until some injury manifests itself. In neither case can the tort victim be charged with slumbering on his rights, for there was no notice of the existence of a cause of action. This feature distinguishes these situations from ordinary tort cases, which require no exception to the general rule that knowledge of the wrong is immaterial, because usually some Many other courts which harm will be apparent to a have faced the problem have reasonably diligent plaintiff... —continued on page 8— reached results similar to that ... March 4, 1982 Opinion 5 �In response to mid-year final exams taken by the first year class, the discount deadline has been extended. FREEZE PRICES WITH $50 DEPOSIT ~ - PROFESSIONAL RESPONSIBILITY EXAM (MPRE) Test Date is Friday, March 12. ALL JUNIORS and SENIORS may take BAR/BRl's MPRE Review Course for NO ADDITONAL COST by simply depositing an additional $50 toward the final balance of your Bar Review Course. Course: Sun., March 7th 11:30-3 Room 107 Irving Younger CPLR Course 18 hour comprehensive NY Practice Course cost for Bar/Bri enrollees: $45 Course dates: 3/7, 3/14, 4/4 For information on any of these programs, see one of these BAR/BRI representatives: Carmelo Batista Orest Bedrij Dana Cowan Carol Cramer Rocky D'Aloisio Ann Demopoulos Ellen Dickes Pat Dooley Mike Doran John Feroleto Paula Feroleto Arthur Scott Garfinkel Julia Garver Carol Guck Leander Hardaway BAR/BRI Tanya Harvey Judy Holender Sara Hunt Ruth Pollack Cheryl Possenti Christopher Reed Aldric Reid Joe Ruh Steve Sheinfeld Jon Solomon Mark Suzumoto Mark Reisman Richard Roberts Robin Romeo Karen Russ Molly Zimmermann The Review Course Taken By More People Studying For the N.Y. Bar than ALL Others Combined. Opmkm March 4, 1982 6 . �Spectre Of Human Rights Violations Haunt Salvador by Jill Paperno Reagan's certification of progress on human rights, and susMounting concern over U.S. pend alt aid until Congress involvement in El Salvador led recertifies that the human to visits by three Congressional rights conditions have been delegations to that country met. This proposal has so far last week. received the support of U.S. representatives met seventy-three representatives. with Defense Minister Guiller- In addition, twenty-nine mo Garcia in an effort to deter- representatives have initiated mine whether human rights a lawsuit in federal district violations by the El Salvadoran court to suspend U.S. military military and paramilitary aid to El Salvador. They claim forces have continued, despite the American involvement in President Reagan's January 29 El Salvador is in violation of assurances that they had stop- the War Powers Resolution, the Foreign Assistance Act and ped. Reagan's claims were made the Universal Declaration of in an effort to comply with Human Rights. General Wallace Nutting, stipulations set out in the December "Congressional the head of the Southern comConditions on Military Aid to mand in Panama, met with El Salvador". The "Congres- Salvadoran officials this week. sional Conditions" stipulated Nutting has insisted on increasthat the President certify that ed military assistance in the the government of El Salvador past. Several weeks ago he was meeting a number of re- stated that it might be quirements before it would necessary for U.S. "advisors" receive further aid. Among the to accompany Salvadoran criteria which were stipulated soldiers on combat missions. were the verification of signifiCurrent Administration cant efforts by the Salvadoran plans include over $100 government to control human million in military and rights violations, to control its economic aid for El Salvador military forces, to hold free in 1982. Plans to increase the elections and to make con- number of Salvadorans being tinued progress in land, trained in Fort Bragg, North economic and political reform. Carolina and Fort Benning, Reports of continued viola- Georgia are also being contions, including a December sidered. Although Secretary of massacre of over 700 civilians, State Haig recently denied the has led Congress to question Administration intends to send the President's assertions. On American troops to El February 3 Representative Salvador, he added that he Gerry Studds introduced would not rule out any Resolution 399. This resolution possibilities. would nullify President Expansion of the role of U.S. advisors has also been sought by Salvadoran officials. On February 7 the New York Times reported that, according to a non-American diplomat, "the Salvadoran government cannot win without troops from the United States or from somewhere." On February 21 the 7/mes reported that Secretary of State Haig had urged President Reagan to warn that the United States will do "whatever is prudent and necessary to protect El Salvador from foreign-backed subversion." Repeated assertions of — Cuban and Njcaraguan involvement in El Salvador have remained unsubstantiated. When questioned by reporters about evidence of Cuban and Nicaraguan arms Alan D. Romberg, deputy State Department spokesperson, said, "I don't have anything specific for you at the moment other than to indicate that the statement represents a clear consensus by those accumulating and assessing data." The Administration faced similar difficulty in substan- tiating its assertions of Cuban and Nicaraguan intervention in last year's "White Paper." Claims that these two countries have supplied arms have been investigated by various reporters on assignment in El Salvador. Their findings do not support the Administration's allegations. According to an interview by Raymond Bonner of the New York Times with a Salvadoran rebel. Commander Jonas, guerrillas had received no arms from Cuba or Nicaragua, and Jonas stated that in fact the biggest arms market was in the United States. In a February 21 New York Times interview another top guerrilla commander denied the presence of Cuban and Nicaraguan supplied arms, stating, "the government of the United States is interested in having a political justification for intervention." In his address to a Nicaraguan crowd on February 21 President Jose Lopez Portillo of Mexico stressed that the rebellions in Central America were the result of "misery, tyranny and oppression," and were not caused by East-West or capitalist-socialist conflict. On February 21 the National D'Aubisson, leader of Salvadoran death squads and candidate for President in the March 28 elections, is believed to be linked to Romero's death. This spring's upcoming elections have been supported by the Reagan administration, although they will be boycotted by the opposition groups of the Democratic Revolutionary Front (FDR). The FDR, an umbrella organization for numerous trade unions, professional workers, university students, peasants, teachers, clergy, armed rebels and others, has claimed that El of history Salvador's fraudulent and violent elections will not permit the free political expression of the people of El Salvador. This posiConference of Catholic tion is supported by many, inBishops expressed its opposi- cluding the Directorate of tion to increased military aide Salvdoran Federation of in El Salvador. Through the Lawyers. Lawyers in this country have period of conflict the church has steadfastly remained one sought to aid Salvadoran of the organizations opposed refugees who being generally to further U.S. military in- classified as illegal aliens, are being deported. Yet, according tervention in El Salvador. El Salvador's Archbishop to Kathy Rimar, Clinic InstrucRivera y Damas, when discus- tor, only one Salvadoran sing foreign intervention, refugee was accepted into the stated "foreign countries in United States in 1981. Ms. their zeal to dominate the Rimar stated that permitting world, supply the arms, and the refugees to remain in the the Salvadorans supply the United States would be a "slap bodies." Archbishop Rivera y in the face to the Duarte Damas is the replacement for government." Approximately Archbishop Oscar Romero, 1000 Salvadorans are being who was killed on March 24, sent back each month to face 1980. just one day after his probable death in a country condemnation of Salvadoran where an estimated twelve military and paramilitary thousand people were killed forces. Major Roberto last year. UUAB Cultural & Performing Arts brings ClassicalBallet to Buffalo with the */y Pavlova Celebration X Starr Danias A tribute to the centennial of the birth of Anna Pavlova '""To'ZtT"' 9 M°""^ 8 M p.m. Center Theatre 681 Main street Buffalo, New York M Sm UUAB Coffeehouse ONI! St^T tfl •■'■*■- wmrnmDom ■• * I vary Menalick a | Sat, March 6, 8:30 pm Tickets: $2.00 advance o cfay o/ sA?ow 2.50 I Tickets: $5.00 students $7.00 faculty & staff I A«Sr.T" I I adm,ee,on UB Harriman Ticket Office and at the door I Sponsored with help from SA, I I I GSA, MFCSA, Black Mountain 11, and the American Academy of Ballet Bluegrass at its best! BEER -1 A - WINE .. T \*/ikl/^C lU re L.tlNI WIINLiD Match 4,1982 Opinion 7 �Precocious Puck Pusher Picks Apart Sabres'Defense by Steve Getzoff Although a glance out the window wouldn't indicate as much, it is the month of March. Past experience indicates that it is now time for the NHL's annual game of musical playoff spots, where numerous teams scramble to avoid being among the five left out in the second season. This season the league has done away with the wild free-for-all and replaced it with a four ring circus, with very little action in any of the rings. Not only have virtually all the playoff qualifiers been determined already, but the NHL has com- pounded its past stupidity (allowing 16 of 21 teams to qualify) with some serious inequities. For example, Toronto, Detroit and Hartford all have better records than the L.A. Kings, yet L.A. will make the Asbestos Avoiding possible injustice in such cases outweighs the desire for repose and administrative expediency, which are the primary underpinnings of the limitations statute 394 A2d 299 . The court in Hang based its decision to adopt a discovery rule in asbestos related injury cases on the inherently unknowlable character of the latent occupational disease and on the peculiarly harsh consequences of adherence to the general rule of accrual from the time of the wrong. Because one of the essential prerequisites necessary to successfully maintain a cause of action is the existence of an injury or some damage, it seems logical that a cause of action cannot accrue until some legally recognized damage has occurred. The court in Karjala v. lohns-Manville, 523 F.2d 155 (1975), recognized this idea in opting for a discovery rule under Minnesota law. In Karjala the court wrote, "... under Minnesota law, an instruction on the statute of limitations must be couched in terms of when damage has resulted playoffs, courtesy of its in- ferior division. Practically the only position of significance still in doubt is the coveted 21st spot. This is referred to as the "Bellows Cup" since it is accompanied by the first pick in the draft which will undoubtedly be future superstar Brian Bellows. The leader to date, Colorado, and several contenders, including Hartford and LA. have assigned their rights in the first round to Boston, Philadelphia and Buffalo respectively, the first two for rather substantial Only consideration. Washington is in contention for these honors on their own primarily to the demise of two records that were once thought to be as perpetual as a professor with tenure. First, the New York Islanders with the help of four victories over Pittsburgh won ,15 straight to break the 40 year old record of 14 set by the Bruins. Ironically, it was Pittsburgh who halted the streak at that point. Even more ironic was the fact that Colorado, the leader for the Bellows Cup, who had stopped the Canadiens' win streak at 12, came within 47 seconds of Arthur Garkinkel —continued from page 5— from the alleged breach of duty, that is, the time when a claim could be brought in a court of law without dismissal for failure to state a claim; in a personal injury action this occurs when some harm or im- ly N.Y. team on a tear in recent months. The Rangers, despite an injury list that could stretch from one end of the rink to the other have lost only five since Christmas (The Sabres lost more than that in 2 weeks) and are virtually even with the Flyers in the battle for home ice advantage in their eventual first round playoff confrontation. In a similar situation are the Sabres and Boston, and Vancouver and Calgary. While it may be somewhat advantageous to gain this home ice advantage, history has taught us that the team who goes all out for the edge is usually flat when the series commences and loses rather quickly (i.e. is some understanding in a reasonably diligent plaintiff that the injury was related to the substance he was exposed 155,160. The court in Karjala seems to opt for more than a mere discovery rule. Rather the court suggests that a causal connection between the substance and the injury must be indicated before the cause of action accrues. The court stated, "It is when the disease manifests itself in a way which supplies some evidence of causal relationship to the manufactured product that the public interest in limiting the time for asserting a claim attaches and the statute of limitations will begin to run." 523 F.2d 160 and 161. Clearly the court is stating that more than mere discovery of an injury is needed to begin the running of the statute of limitations. Instead what is required Winsteadi Lome to. turer of an oral contraceptive which allegedly caused the capable of performing up to expectations in the playoffs and the team is quickly eliminated. It is essential that Edwards be well rested for the playoffs, even if it means finishing third in the division. petition. Representing UB in the oral competitions are third year student Glenn Pincus, and second year students Ashram Dial, Ellen Sinclair, and Jim Wilder. All are preparing thoroughly for arduous oral rounds ahead. All of those interested in in- ternational law or human rights should make an earnest effort to sit in on several of he O'Brian Hall on March 13th arguments. The number of well University of West Virginia, Dickenson, and the University of Indiana will be convening at plaintiff to become blind, wrote, "A cause of action will not accrue under the discovery and 14th known and highly qualified rule until the plaintiff This year's problem deals judges, contacted by Jessup discovers or in the exercise of with several human rights Administrator Jim Newman, reasonable diligence should issues. The rights of refugees will also serve to make the have discovered not only that and foreign nationals are key event both educational and he had been injured but also issues in the upcoming com- memorable. that his injury may have been caused by the defendant's product." [emphasis added] 371 A. 2d at 174. The court in Raymond recognized the fact that a period of time may pass between the time the plaintiff DONALD ELITZER discovers his injury and the time he is able to ascertain its causal relationship with the product. Next Issue: How New York has rejected the discovery rule in asbestos litigation. be coached by Julian "Corny" Johnson. Thirty law schools, including Harvard, N.Y.U., University of Alberta, Temple, and defending champion Fordham will participate in this year's tournament. The level of play is high and legal beagles take the Opinion March 4,1982 .'.'■'.'.'.• '/'/?' <' '/'.'■'■'.V'.-'i'v'/ ■'<■;'':' that is particularly directed at the Sabres concerns the matter of goaltending, which will to a large extent determine the success of every playoff contender. Don Edwards has played more games in the nets this season than any other goaltender in the league, and at the rate he is being used is likely to participate in close to 60 contests by the time April arrives. The plight of St. Louis and L.A. last year taught us (and hopefully Bowman and Roberts) that a goaltender who plays such an overwhelming majority of the games during the regular season is not UB Law Hosts Jessup March 13th and 14th UB Law School will soon be Other courts have excepted hosting the Jessup Internathis "extended discovery" rule tional Moot Court Competition pairment has manifested itself also. In Raymond v. Eli Lily and for the North-Central Region. which can be shown to have Co., 371 A2d 170 170 (NH) the Teams from the University of been caused by an act or omNew Hampshire Supreme Pittsburgh, the University of mission for which the defenCourt, in an action to recover Pennsylvania, Duquesne, Cordant would be liable." 523 F2d damages from the manufacnell, Syracuse, Albany, the On March 6, fourteen men dressed in shorts, tee-shirts, and sneakers will step onto a basketball court in Springfield, Mass. to represent our law school at the seventh Annual Western New England School of Law Invitational Basketball games seriously as Katz's Tournament. Federal Courts. Forty well-built and not so University of Buffalo Capwell-built law students attend- tain Arthur Garfinkel is touting ed two grueling days of try- this year's team predicting at outs. The remains are: Captain least a semi-final showing. Arthur Carfinkel, Pete Hogan, Team members Dan Welch, Mark Sacha, Dan Zahn, Bob Dave Nelson, and Greg Miller Heftka, Jim Kelleher, Dave seem perturbed over Captain Nelson, Greg Miller, Mike Garf inkel's statement thinking Crosby, Steve Getzoff, Dan it will conflict with the partyWelch, Rod DeWitt, and Ron ing atmosphere of the tournaOlson. This Spartan group will ment. 8 with the Rangers. The Islanders are not the on- ending the Islanders' streak at 14. The other development was the shattering of Phil Esposito's record of 76 goals behalf. by Wayne Cretzky, with the Despite the lack of intensity record breaking 77th, 78th and approaching the stretch, 79th coming in Buffalo last several events have made the week. On hand to congratulate Boston losing 3-0 to Minnesota 1981-82 season a most hockey's newest superstar was last year). Another warning memorable one. I am referring Esposito himself, taking time UB Law Hoops Team Travels To Tourney by Captain off from his broadcating duties Vice-President of Finance for the Rothschild Securities Corporation will speak on Investment -Banking Saturday, March 13, 1982 11 a.m., Room 108 T.G.I.T. Party Today 3:30 p.m. ON THE Third Floor Opinion editor Ralph Peter* contemplates hit future (Moran) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-03-04 Alternative Title An alternative name for the resource. 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Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/664f6272e6f78186b376ff7172471658.pdf 9540f55a91001b77d8d2ef9f7b16ef22 PDF Text Text Syracuse Law Graduate Fills Canfield's Position by R.W. Peters In keeping with this goal, Ms. Garcia will be attending SBA meetings, meeting with the heads of the various law school organizations, and making herself available to the law student population in need of an advocate or counsel. She will of course be a key voice in student admissions and faculty recruitment. Her position should be called Law Student Ombudsman. Instead, Vivian Carcia's title is the rather intimidating one of Assistant Dean for Admissions and Student Affairs. Ms. Garcia, a graduate of the Cornell School of Labor and Industrial Relations and Syracuse Law School (Class of '81), began working at UB Law in late December of 1981. She is replacing the notable Alan Canfield, who occupied a similar position prior to assuming his current job with the Division of Undergraduate Education. Ms. Garcia was hired as a liason between students and administration. Any serious gripe with school policy should be channeled through her. The recent BALSA convention has occupied the bulk of Non-Profil Organization US Postage PAID Buffalo. New York Permit No. 708 New Assistant Dean appreciates level of morale at UB (Kevin Moran) Ms. Garcia's efforts up to this She was pleased with the smooth passage of this complex event. With the BALSA regional over, Ms. Carcia will have far more time to devote to the point. needs of the entire student body. "I want to stress that my concerns rest with the entire not just with student body the minority student population," said the new assistant dean. — activism at UB to be very high," stated the enthusiastic Garcia. "If my initial impression is borne out, it will be a great pleasure to work for this institution." Ms. Garcia is married, and currently resides in the Allentown area. She appreciates that locale for its nightlife, its varied architecture, and its With only a month or so of sense of neighborhood. As for recreation, she likes her new job "under her belt," nothing more than a brisk as it were, Ms. Garcia is undoubtedly still getting her sea game of squash, a sport sheadlegs with regard to her present mits to picking up while at employ. However, she men- Syracuse. She is also partial to tions that so far she has found a good game of low stakes her work environment to be ex- poker, and wonders if such actremely pleasant, and the town tivity exists at UB Law. If so, itself to be very liveable. She is she wouldn't mind sittin' in. In addition, Ms. Garcia also especially impressed by the attitude of the students at UB breeds birds, Australian Zebra Finches to be precise. Only Law. time will tell what she will find "Compared to Syracuse, I've more fragile Finch eggs or found the level of morale and law students' egos. — Opinion Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 "The function of a free press is to comfort the afflicted and afflict the comfortable." CB3 Volume 22, Number/ — H.L. Mencken State University of New York at Buffalo School of Law February 18, 1982 U.B. —Sponsored BALSA Regional Termed A Success by Michelle P. Wong Region of the Black American Law Students Association. Second year U.B. Law I cinder Hardaway, president students Sylvia Fordice and of U.B.s BALSA Chapter, took Angela Reyes tied for best oral primary reponsibility for advocates in the preliminary organizing the event. rounds of the Frederick L. Participating schools in the Douglass Moot Court Competi- Northeast Region included tion Northeast Regional U.8., Boston College, Hofstra rounds held at U.B. Law School University and Harvard Univer- sity, which sent two teams. this weekend. The competition was the This year's distinguished panel featured event of a three day of judges included Judge convention of the Northeast William Murphy of City Court, Baltimore, Md., Rose Sconiers, Executive Attorney, Legal Aid Bureau, Buffalo, Carl Cooper, professor at the University of Pittsburgh Law School and Joseph Feaster, Esq., director of the Boston Chapter of the NAACP. Conference activities were held at the Marriott Inn and at the Law School. The convention was a landmark occasion in the history of U.8./s BALSA Chapter for two reasons. First, SUSTA Again Imperiled by Marc Ganz The State University Sup- plemental Tuition Assistance program (SUSTA), currently giving 25% of SUNY-Buffalo Law School's students financial aid, has been eliminated from the New York State Executive budget, according to Governor Hugh Carey's office. This is' the second year in a row that the law school's financial aid program has been removed from the Governor's budget, and last year it was only after an intense lobbying effort by Dean Thomas Headrick that the SUSTA program was restored by the New York State Legislature. < According to Student Bar President Robin Romeo, the fight will be harder this year than in years past, "but not impossible." Romeo said, "Our strategy is to apply tunity Program (EOP), with pressure on state legislators more students seeking money early, and en masse." She went out of the EOP pool. Meanwhile, in Washington, on to say that tables would soon be set up where students it was learned that President will be asked to write letters or Reagan's proposed budget phone their local senators and eliminates guaranteed student assemblypersons. loans for graduate students, inThe SBA President said that cluding law students. The Dean Headrick would be ac- Reagan Administration has tively contacting leading proposed that students turn to legislators, especially those the Auxiliary Loans to Assist from the Western New York Students (ALAS) program, region. "Dean Headrick's ef- which charges 14% interest a forts last year were greatly apyear, as opposed to the 9% a preciated, and we hope that he year for current federal loans. applies equal pressure this the SUSTA and If year," Romeo added. guaranteed student loan proStudents are eligible for posals are adopted, it is likely SUSTA if they receive maxthat many law students will imum Tuition Assistance Prohave to drop out of law school. gram (TAP) payments'. There is One law student's reaction to a feeling among law school adthe proposal was, "This may be ministrators that if the SUSTA my first and last year in law program is eliminated, there school. Without the grant and will be massive pressure plac- loan, I could not possibly be ed on the Economic Oppor- going to law school." (Mitch Stein) Frederick Douglass Competition finalists |ohn Carr, Cecil McNabb, Paula Stepter and Louis Brown it brought recognition of Buf- attorneys-to-be. The competi- Hardaway's presidency, as he intends to become involved with the organization at the na- hone their lawyering skills and to achieve a standard of excellence measured in competition on both regional and na- falo's chapter and second, it tion was founded as a vehicle marked the culmination of for law students of color to tional level. The meeting was a chance for Black American law students to come together and talk about the future directon of BALSA. This concern was echoed by Judge Murphy in his keynote address. The judge stressed the potential of new avenues of progress at tional levels. This year's problem centered on the issue of vote dilution in Burke County, Georgia. The question presented concerned whether at-large voting as opposed to district voting invited invidious discrimination. The main case BALSA'S disposal in directing on which the problem hinged its own future. was Rogers v. Lodge. Adding a The Frederick L. Douglass real life dimension to the comCompetition showcases the petition was the fact that this oratory skills, the legal writing case is presently being talents and the quicksilver litigated. reactions of neophyte continued on page 6 — �Opinion Vol. 22, No. 7 SBA To Fight For SUSTA February 18,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Business Manager: Barbra Kavanaugh Earl Pfeffer Gary Caines Frank Bolz Contributors: Bill Altreuter, Kevin Moran, Jim Newman, Alexander Plache, Mitchell Stein, Michele Wong Staff: Wendy Anne Cohen, Marc Ganz, Steven Getzoff, Marty Miller, Rick Roberts, Robin Romeo, Joe Ruh, John Stegmayer © Copyright 1981, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo SUSTA is Necessary It appears that once again the 25% or so of UB Law students are in danger of losing their SUSTA grants. Governor Carey has again proposed that this line of supplemental assistance be axed from the 1982-83 budget. This move points up the fundamental lack of commitment by the Carey administration to publically funded education. SUSTA funds, not even totalling $300,000, are deemed expendable, while the Governor found it expedient to pull $140 million out of the State's coffers for Syracuse University's Carrier Dome. Additionally, Carey recently gave his support to a state gift of $31 million to RPI. What gives here? The SUSTA grant, in many cases, means the difference between law school attendance and dropping out. If Carey's intention is to have a legal profession comprised solely of the landed gentry, then SUSTA should be discontinued. Such a cut, combined with the Federal Government's expressed plan of backing out of federally subsidized student loans, will soon put a legal education out of reach for all but the wealthy or the lucky recipient of the occasional scholar- ship. The fight for SUSTA is an important one, involving more than the small grant alloted to individual students. We urge all to join in the fight to save SUSTA. ELECTION FOR PHOTO EDITOR Today, 3 pm, Rm. 724 envelopes, stamps, a sample plans to cut 66% of it. This cut is ridiculous and our legislators letter, and a list of the issues. must be made aware of the University The SUSTA (State Why fight the SUSTA cuts? Tuition For several reasons: 25% of fact that we don't want it cut. Supplemental Assistance program has once the student body receives All law students would be effected and are encouraged to again been left out of GoverSUSTA, a cut would have a help in the letter writing cambudget. proposed nor Carey's "rippling" effect on the other Last year the elimination was available financial resources, paign. In other SBA news, a student effectively halted through ef- and the law school as a whole opinion poll regarding grade forts made by law students and would be effected. changes is being researched. Dean Headrick. SUSTA is an additional grant possibility of additional To stop the elimination an of $600 per semester to The vending machines and/or a number of senators optimal who receive the full food change is also being and assemblymen must be students award of $300. This researched. Distinguished contacted and appealed to, to TAP 72% of tuition cost. Visitors Forum will be bringing eliminates vote against and help fight the effect would occur Daniel Ellsberg to speak at rippling A the cuts. on the other financial aid pro- law school March 17. Later in Many issues will be the subgrams, causing fewer students the year Sen. D'Amato and ject of concern in this year's overall to receive aid should it Sen. Moynihan are scheduled budget, so the most effective be cut. NDSL/Work-study and to speak. An SBA Subtools we have in getting state waivers are a limited committee has been formed to tuition legislators enlisted in our funds, which extend to research the issues and compool of behalf are time and numbers. greater number of students pile a resolution regarding We have to reach them en a as SUSTA provides a gap-filler. Squire Hall. The board has also masse and soon. Cutting SUSTA would mean recently voted to allocate The SBA voted in a general less aid to go around in general money to: The University Wide board meeting to take on the and would enable a smaller Day Care Center Committee SUSTA fight as its major visiof needy students to for costs of a feasibility report; ble political cause of the number attend law school. This would the N.Y. City Interview Prosemester, on behalf of the diversity in the gram; Association of Women less result in students. It was decided that less appeal Law Students to hold a conbody student and the most effective way of reaching our legislators is to come to SUNYAB/Law ference on infant formula School. marketing in Third World through a letter writing campaign by the entire student SUNYAB/Law School is the Countries; the C.S.A. to help body. The SBA has set up a most expensive state- sponsor the First Annual Setable outside of the library pro- supported law school in the cond Semester Dance Boogie; paper, a list of country. TAP and SUSTA are and Moot Court Board for additional costs incurred this senators and congressmen and the only state means of finantheir addresses and districts, cial grants and Carey's budget past competition. by Robin Romeo Sally-Mae Adds Flexibility by Joe Ruh For example, assume you graduate with $5000 in NDSL SPECIAL FOR GRADUATING loans and $15,000 in GSL loans outstanding. Also assume that SENIORS: you would elect to use the reduce monyour You can thly student loan payments maximum time currently while you establish yourself in allowed to repay those loans, your new career. On January 1, currently 10 years for both 1981, Congress authorized the NDSL and GSL. The typical Student Loan Marketing monthly payment would be Association (Sallie Mac) to about $230- per month, for ten years. You will be expected to begin offering various repaythose payments six to begin ment options to students repaying their student loans. nine months after graduation. Sallie Mac offers three opThe purpose of the program is to provide students easier tions, all keyed to a longer repayment options and hopefully avoid default on the loans. Sallie Mac is the student loan equivalent to Fannie Mac (remember Property 2 ?). Sallie Mac functions by paying off all your credits in a lump sum, and working out a personally tailored repayment plan with you. The advantage to the institutions is that they receive their loan proceeds back quicker, and can then make more loans to students. The advantage to you is that you can spread your payments out over a longer period than the ten year maximum currently allowed by student loan legislation. Although it is a non-profit agency, Sallie Mac is directed by Congress to become selfsufficient, requiring no annual federal support. Accordingly, when it consolidates a student's 3% NDSL loan and the student's 7% GSL loan, the new loan carries a single Intent rate of 7%. The beneficial interest rate on the 3% loan is lost, but the repayment options under Sallie Mac might still make consolidation attractive. Opinion 2 February 18, 1982 payments at $230 per month for 10 years are $27,600, whereas at $155 per month for 20 years total payments are $37,200. However, before dismissing the options offered by Sallie Mac as too expensive, it is important to remember that great tax concept the Present Value of Money. Unless the prevailing interst rate falls below 7%, it may be to your advantage to take the money you would have used to pay off your loan early (the difference between $230/month repayment schedule. and $155/month, or $75) and inOPTION 7 stead invest that $75 in an area Rather than paying $230 per which can return you interest month for ten years, under Op- at the prevailing rate, say 15% tion 1 your payments are $155 or so. Or, use the money to buy per month for twenty years (or food and pay the rent. In either any term less than twenty that case, with inflation around you choose). The payment 10% annually, that $155 is gostays constant over the whole ing to seem awful small in term of the repayment. years 15 through 20 Option 2 I obviously cannot endorse In anticipation of your the program. However, I can career starting slow, but pick- offer it to you,for your inforing up steam later on, under mation and further scrutiny. Option 2 you pay $125 per The ideal time to get into the month for two years, with program is just when your first gradual increases every two loan payments are due. years, to a maximum of $216 Therefore, you should begin per month for years 19 and 20. filling out the application Option 3 material about four months For the fast mover, who ex- before that date to give the pects quick earning increases, system time to work. You can Option 3 offers a variation on write away for information and Option 2 reducing the term to applications ahead of time to any amount less than 20 years, the following address: with corresponding larger inThe Student Loan Consolidacreases every two years. For tion Program repayment in 15 years, for exP.O. Box 1600 ample, monthly payments start Merrifleld, VA 22116 out at $125 for two years with gradual increases to $285 for For more information, conyears 14 and 15. sult the fact sheet and illustraThe cautious among you will tion posted on the Financial look to the total payments re- Aid Bulletin Board in the sequired and see that, under Op- cond floor mailroom, or see tion 1, for example, total me in my office. Room 314. — �Fight To Save Squire Hall Gains Momentum by Earl R. Pfeffer The administration and the students protesting the closing of Squire are no closer to accord than they were two weeks ago. Unless the Board of Trustees and the Administra- All week long warnings emanated from President Ketter's office that criminal charges and suspensions would follow any continued obstruction of the University's plans to close Squire. tion perform an unexpected turnabout, the University will move ahead with the February 26th closing of the facility. There had been rumbling in high places that Squire might be kept open until the end of the semester, thereby enhancing the students' chances of permanently saving the Union. But last week's announcement by SUNY Central that further delays in construction would not be possible due to "legal and fiscal constraints" quashed all remaining hope that the building would be saved absent some form of successful legal action. Nonetheless, the students plan to continue their protests. A sit-in was organized for last Friday night, despite threats from the administration that the lenience shown the 87 protestors arrested the previous week would not be continued. ter's earlier position. The fact that the President had previously spurned the latter The University had already shift in policy, several hundred received a dose of bad press students attended the rally Frifrom a New York Times educaday evening where they heard option suggested that sometion survey which ranked UB speeches, enjoyed music and one else may now be pulling high academically but low as danced. By 1 a.m., most people the strings. One student leader to "quality of life." According had left the facility, but a speculated that Albany doesn't to the article, even Oral group of 25 remained and plans to camp out inside the building until they are forced to leave. The SBA has yet to take a position on the closing of the Union. Last Thursday they invited student representatives Shades of the '6Cs as Squire becomes the locus of protest Early Friday morning the Administration announced that operation of Squire would be expanded to 24 hours a day. This marked a reversal of Ket- IMitch Stein) want the adverse publicity Roberts University where sex, which would result from the alcohol and rock-and-roll are mass arrests of students proforbidden, offers its students a testing the closing of their better social life. union. Despite the Administration's from the Dental School and leaders of KABOSH to present their differing opinions on the issue. It remains to be seen whether or not SBA will take a stronger position in the future, whether on Squire's closing or on the equally pertinent issue of the lack of a student union on the Amherst Campus. In this area of Reaganomics, perhaps students will have to turn to the private sector to meet their needs. One law student in fact suggested that some business person should open up an oversized burger and beer hall on Main Street and call it "the Student Union." Maybe "trickle down" will save ÜB's social life. Equitable Distribution Subject of Law Seminar students in recognition of the ment, and tax considerations. fact that no single course at Perhaps one of the most striking changes the new law The 1980 New York State this school offers a comEquitable Distribution law has prehensive analysis of the new has brought on is the enorcreated sweeping changes in law. While the area is of parmous amount of judicial matrimonial law by allowing ticular interest to students tak- discretion which may now be judges wide discretion, by re- ing Family Law or Federal Tax used in marital dissolutions. Professor Birzon pointed out quiring the lawyer to act also 11, Birzon and Funda felt that as a business person, an ac- an understanding of the law is that although the legislature countant and/or a banker, and essential to anyone intending has established certain factors by giving individual clients a to practice in New York State for the judge's consideration in great deal more responsibility or any of the other equitable distribution of property, maintenance and child supand voice in their financial distribution states. Two U.B. law professors, the port, the law allows considerafuture. The new law was the subject Honorable Joseph J. Sedita, tion of "any other factor which of a program held on January New York State Supreme Court the court shall expressly find 30 at John Lord O'Brian Hall, Justice, and five local lawyers to be just and proper" in deterarranged by Professor Paul Bir- spoke about such areas as case mining distribution or zon and second-year student management, the role of the maintenance. As Richard Corexpert witness, disclosure, don, speaking on the manageJoyce Funda. Birzon and Funagreements, ment of an equitable distribuda organized the program separation tion case, commented, "Under specifically for U.B. law modification and enforcethe new law, the limit is only the creativity of the judge and lawyers," in property settlements and maintenance payments "as long as the settlement is enforceable and Knowing how to analyze complicated essays, conidentifiable." fusedly combining several fields of law, and writing However, according to coherent, logical and consistent answers thereto, can both Cordon and Barbara Handschu, who talked about make the crucial difference in passing the Bar Exam. separation agreements, Why not get the feel of 16 very difficult Bar Exam roughly 90% of all marriage questions before the Feb. or July, 1982 Bar Exams? dissolutions end in voluntary Thousands of students, for the past 40 years, have and do not go to settlements been convinced that the approach analysis and style court. This requires that a techniques and methods they need at THE KASS PROmatrimonial lawyer be capable of designing a settlement BLEM ANALYSIS CLINICS were essential to their suc"package" which is fair to both cess on the Bar Exam. from 1 starting parties. 6,1982, to Sundays, successive June Six "Besides trial expertise, the 4 p.m., at the NY. Sheraton Hotel, 56th Street & 7th law office today must have Avenue, N.Y.C. some non-lawyerlike business Tuition: $125 skills, such as those of the UB Agent: Aldric Reid business person, accountant and banker. Lawyers must be able to draw the client into the process so they can have a meaningful say in their financial destiny," says Cordon, pointing out that it can be "very difficult to interview a woman who has been home with the kids for twenty years and never seen the size of the by Barbra Kavanaugh , BAA EXAMS AREN'T LIKE LAW SCHOOL EXAMS - - KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH 3-2690 (Frank Bolz) Equitable Distribution panelists respond to student question mortgage payments. Most interviews are more like a banker than a lawyer talking to a client." As the new law requires matrimonial lawyers to enter sometimes unfamiliar areas such as business and accounting, the expert witness is becoming more and more important in marriage dissolutions. According to Grace Marie Ange, "experts are useful, and we need them more now than we ever did. We used to need psychological and medical experts, but now we use actuaries, accountants and other business types." However important the expert witness, it still remains for the lawyer to discover all the relevant facts about the financial position of his or her client. Under the old law, property was retained by the owner, but under the new law, Because of this new power, Nelson Zakia said that "discovery, always of utmost importance, has become absolutely crucial in the equitable distribution case. The first interview has been enlarged in time and detail and the lawyer should be aware of any clues leading to finding out the actual financial and property interests of the mar- ried couple." The program ended with a presentation by Professor Ken Joyce on the tax considerations in the equitable distribu- tion case and a "View from the Bench" by Justice Sedita. Although it was a well-planned and comprehensive program, and was very informative for the audience of over 100 students and practitioners, the presentation could do no more than scratch the surface of a complicated new the court can force transfer area of the law. The many from the owner to non-owner, unknowns and uncertainties even without direct contribu- will be discovered and handled tion, in making an equitable by lawyers and judges in years distribution of property. to come. February 18, 1982 Opinion 3 �Prison Task Force Offers Challenging Programs by Bill Altreuter The Prison Task Force is assuming a higher profile this semester with the resumption of its two most successful projects. Both the Albion Inmate instruction Program and the Attica Correctional Facility Tours are in full swing once again. last year's tours of Attica were cancelled because of inmate overcrowding. This situation resulted in the proposal of a $500 million dollar bond try with a mixed population. The yard is bisected by a fence, which the inmates are not permitted to come within six feet of. So they stand opposite of each other, twelve feet of air and chain link between them, and they talk to each other. It is a picture at once civilized and perverse, and it neatly sums up how disciplined their existence must be if this is regarded as a privilege enjoyed nowhere else in this state. The Prison Task Force has taught Legal Research and Writing to both the men and women inmates in the past. Generally speaking these are all individuals who have served a lot of time, and are at Albion because they have been model prisoners elsewhere. Other observations by Atnarrowly defeated at the polls last tica visitors to date have proNovember. This year students vided a diverse view of what who have been on the tour life on the inside is really like or at least how it is shown. already have reported that the facility is substantially more "Like parochial school with populated than visitors have green pants (Note: stripes are no longer de rigeur as prison atnoted in previous years. tire) and more rules," reported one tourist, but others looked past what was shown to them to arrive at deeper conclusions. "There's obviously a lot of tension in the air which they fice, we are in the process of try to disguise by only showing creating a reference file on the best parts," commented subjects relating to women one observer, while another and the law. noted that "when they close More specifically, our plans one gate behind you and for this semester include an all- you're standing there with 50 day conference on "Bottle convicted felons waiting for Babies," concerning the inter- them to open the gates in front national and domestic of you, you begin to realize marketing of infant formulas, what life in there must be and featuring speakers from like." Infact, and Nestle Corporation, Because of the overas well as local experts on crowding problem which Atnutrition, international law tica faces, tours are limited to and corporate policy; a film groups of six once a week for called "Nothing Like Love," the remainder of the semester. concerning the pornography Sign-up is in the second floor industry; a panel discussion mail room. with women in non-traditional Individuals who are inlegal careers; a lunch program terested in doing something with Cray Panther, Maggie positive about prison condiissue that was — Policy Statement: Women Law Students The Association of Women Law Students is in its second year. The purpose of the Association is to facilitate the entry of women into the legal profession, both during law school and afterwards. The group is an umbrella organization composed of women with many diverse opinions and perspectives. Our programming reflects such diversity. Among the group's interests is a community outreach program, involving working in programs of particular interest to women,, such as battered women and rape counseling. We also try to provide publicity for community groups that need volunteers and we welcome any such information. Another prime goal of the Association is to promote contact between women law students and women already in the profession. Towards this end we have sponsored programs with the Women Lawyers of Western New York, in which women attorneys with different careers and perspectives have spoken. Additionally, we are planning an Alumni Network through which past women U.B. law graduates can help those newly entering the profession. Consequently, they are more or less resigned to their presence inside, and the program therefore leans less towards the areas of criminal law and procedure and more towards areas of more personal, immediate consequences, such as article 78 proceedings, family law, constitutional rights and effective writing techniques. This semester's program consists of a class being taught to a group of the men inmates on Tuesday nights. Interested Each semester the Association sponsors a number of films and speakers on topics of interest to women. The group also coordinates and helps sponsor students attending the National Conference on Women and the Law. The Conference will be held in Detroit this March. Kuhn; and, of course, the Nations after being exposed to AtFinally, the Association tional Conference in March. tica should look into the AlWe encourage participation bion Inmate Instruction Proholds meetings and occasional social events. We have an of- from all and urge women law gram. The Facility at Albion, fice in Room 10 (next to Moot students to indicate types of recently featured in Newsweek Court) and try to maintain programs they would like to be is a medium security prison regular office hours (a sign up involved in or like us to spon- noteworthy because it is one sheet is on the door). In the of- sor. of the few prisons in the coun- UUflB Concerts and The Tralfamadore Cafe present an evening of Jazz with James "Blood" J and the I couldn't k^Ik aimer students should contact the Task Force through the Lawyer's Guild Office. £*h«r Blyth pass the bar •. • If you're not certain what the difference is between an ordinary "bar" and a great one, its time you came to P.J. Bottoms. P.J.s (as we are so affectionately known) offers YOU enriching edibles, splendiferous spirits, frivolous frolics and bewildering atmosphere galore. No wonder more and more U.B. Law students are saying. "P.J.'s is one bar not worth passing (up)." J. BOTTOMS P. FOOD Quartet - M7» MMla atrcct BOOZE traffalo - n.jr. BOOGIE 14X14 •MiST Friday. Feb. 26th, 8 pm Squire Hall. Fillmore Room Tickets: $4.50 student $6.50 non-student available at Saalre Hall Ticket Office Opinion 4 Febniary 18, 1982 MANY SANDWICH 4B .„ i j I WINGS i �Asbestos Related Injuries Center of Controversy Editor's Note: This is the first of a series of articles examining asbestos, its link to disease and the impact of statutes of limitations on the right to recovery of individuals injured from asbestos exposure. by Alexander Plache On October 29, 1981 the Court of Appeals of the State of New York rendered its long awaited decision in Steinhardt v. johns-Manville Corp. The decision in Steinhardt covered seven actions for personal injuries arising from long term exposure to asbestos. In each case the action was initiated more than four years after the victim's last employment related exposure to the substance. Based upon the three-year statute of limitations applicable to tort cases in New York the court held that each of the causes of aciton was barred because not brought within the prescribed time period. The New York court, relying on forty year old judicial precendent, 2 refused to adopt a rule in which that statute of limitations would begin to run, not from the date ot exposure to the substance, , tremely flexible and durable. Its physical structure allows it to be woven or spun intoyarns, respiratory system, enter the digestive tract. Most of the fibers which enter the digestive materials or fabrics. Asbestos system are excreted. However, fibers can also be laid and some may become embedded pressed to form paper or used in the walls of the as structural reinforcement for gastrointestinal tract. materials such as cement, Although not as common as plastic or asphalt. asbestos related respiratory Because of its high tensile disease, gastrointestinal strength, flexibility, heat and disease has been casually linkchemical resistance, and ed to asbestos. favorable frictional properties, Because the smaller asbestos is adaptable to an ex- asbestos fibers are more apt to treme and diverse variety of become airborne and are more uses. Various authorities state apt to remain in suspension that there are thousands of they present the most serious uses of asbestos. The U.S. problem to human health. Bureau of Mines states that the Moreover, the larger asbestos number of discrete uses of the particles which do enter the substance exceeds 2,000, while body are more likely to be the Asbestos Information caught by nasal hairs or expell- but rather when the resulting disease was or could have been discovered. In doing so the court concluded, "We believe it to be inappropriate and injudicious to intrude into Association and Canada's an area best suited for Department of Energy, Mines and Resources suggest that legislative scrutiny." 1 The Steinhardt decision is il- there are more than 3,000 uses. lustrative of the problems with Wherever heat and fire have which courts have been faced presented a threat to safety or when an applicable statute of to surrounding material or limitations is raised as an affir- equipment asbestos tradimative defense in an action to tionally has been used as an inrecover for personal injuries sulator. Many insulation proarising from exposure to ducts still contain asbestos; asbestos. The Steinhardt case is however, greater public particularly interesting, not on- awareness of the deleterious ly because the case arose in health effects of the substance Erie County, but also because has caused some reduction in of its surprising result. The the number of uses to which New York Court of Appeals is asbestos is presently put. Asbestos is one of the most in an ever decreasing minority amoung courts as most dangerous of all naturally ocjurisdictions have adopted curring materials. The reason discovery or manifestation the material is so hazardous is rules in cases where injury because it is easily friable. A does not result until years after material is friable if it can be exposure to a particular readily crumbled into small substance. The Steinhardt pieces, pulvarized or powered. result seems particularly out of Individual asbestos fibers are place in a jurisdiction which extremely small. Futhermore, has long been known as a they cannot easily be leader in upholding and pro- destroyed or degraded. Their tecting the rights of injured small size and shape permit citizens.4 The decision has them to become airborne and already been criticized as hav- to remain suspended in the air ing damaged New York's for long periods of time. Whenever asbestos fibers reputation as a jurisdiction in which justice could be obtain- are exposed to the environed by an injured citizen within ment minute particles are the state's legal system.' The released which enter and Steinhardt result will un- permeate the air condoubtedly be the center of taminating the surrounding considerable controversy area. Once the fibers are airamong members of the bar, borne individuals frequenting bench and legislature in the the area are exposed to them. It is the inhalation of air concoming months. Asbestos is a generic term taining asbestos fibers which is given to a family of naturally so dangerous. While most of occurring silicate minerals the fibers, especially the larger which separate into relatively ones, will not remain in the soft, silky fibers. The proper- lungs, some are retained. will ties of asbestos are unique Those which are retained among naturally occurring stay forever. Once inside the nose and mineral substances. Asbestos in adis non-flammable even at very mouth the particles can, the entering to is dition exhigh temperatures, and (Earl Dotter) Ed from the system in mucus. It is the smaller particles which are more likely to be retained. While available evidence suggests that the detrimental health effects of asbestos exposure are both time and dose related, even a relatively light exposure can produce disease years later. Manifestations of asbestosis and carcinomas in workers heavily exposed to asbestos usually occur from ten to thirty-five years after their initial exposure to the or home environment, although certainly dangerous, it is not as hazardous as when the material is being handled. There are many occupations in which asbestos exposure constitutes a serious health hazard. Although fewer than six-hundred persons in the U.S. are employed in mining or milling asbestos, millions are employed in occupations which use the substance either as a raw material or in the form of a finished product which contains asbestos. Over 37,000 persons are employed in the manufacture of products from raw asbestos fiber. Over 300,000 are employed in occupations which process asbestos manufactured products to make other products. Millions more work in fields which utilize a finished pro- health problems associated with asbestos exposure has caused the government to pass laws limiting the number ofairborne fibers in a particular environment in the past decade, no reduction in the number of deaths is likely to occur for at least another 15 to 20 years. These recently passed limits will not help those exposed during the 19405, 19505, and 1960's whose illnesses are presently developing but have not yet become manifest. Three major diseases are known to be asbestos related. These are asbestosis, pulmonary carcinoma (lung and mesothelioma. Asbestosis is not a carcinoma. Rather it is a condition of the lungs resulting from the continual inhilation of asbestos fibers over an extended period of time. The disease is duct containing asbestos with characterized by scarring of out additional modification. lung tissue. It occurs when Over 185,000 of these are the minute particles of asbestos employed in shipyards. In- become lodged in the lung sulators, automotive tissue remain there causand repairmen, especially brake ing a tissue reaction that is and and clutch repairmen, slowly progressive and apshipyard workers constitute irreversible. The reacthe largest number of those ex- parently tion occurs when scar tissue posed. There are also surrounds the lodged particles or exbystander secondary in order to prevent the parposures to the substance. ticles from moving around or Moreover, even the wives of asbestos workers who do their husbands' laundry are exposed to fibers which have contaminated their husbands' clothes. The foregoing indicates the extent of the asbestos ex- posure problem. Joseph A. Califano, former Secretary of Health, Education and Welfare, has estimated that cancer) causing irritation to neighboring cells. In the case of limited exposure to asbestos the en- capsulation of the fibers is a good thing. The problem is when the number of asbestos particles inhaled causes so much encapsulation that the functional area of the lungs becomes significantly reduced making breathing difficult. It is at this stage, when breathing becomes difficult, that the disease asbestosis is said to be eight to eleven million workers been exposed to asbestos, and that during the present. next 30-35 years 67,000 people Asbestosis is the most com-"* " will die from cancer caused by mon disease associated with exposure to the substance. exposure to the mineral. It One of the foremost medical typically develops in workers who are continuously exposed to airborne asbestos fibers. Normally the latency period for asbestosis is 15-30 years. The average period of latency is 17 years. However, in some have - individuals the disease manifests itself in less than 10 substance. Occupational exposure to asbestos presents the most serious health problem. There are several reasons for this. First of all individuals who are exposed to an asbestos con- taminated environment on the job inhale the material eight hours a day for many years. Se- cond, because in an occupational setting the material is often being handled, its friability tends to increase the number of airbrone fibers and therefore the amount which is being inhaled by employees in the area. When Asbestos insulation is exposed in a school years. Still others who are heavily exposed to the substance never develop the disease. Pulmonary carcinoma is also considered to be linked to asbestos exposure. While exposure to asbestos is the only cause of asbestosis, lung (Earl Dotter) cancer has many causes, only one of which is asbestos.This authorities suggests a more creates a potential problem for conservative annual death toll. plaintiffs trying to prove Nonetheless his estimate is still causation in an action against staggering. Dr. I.J. Selikoff the manufacturer of an estimates that 20,000 asbestos asbestos product. Studies incaused deaths per year will oc- dicate that lung cancer is cur in the U.S. until the year much more prevalent among 2000. asbestos workers than among The seriousness of the the general population. health problems caused by However, studies also show asbestos is not only due to the that a cigarette smoking substance's toxicity, but is also asbestos worker is many times due to the fact that exposure more likely to contract lung to the substance is so cancer than his non-smoking widespread. There is no doubt co-workers. This again presents that asbestos related disease is a problem for plaintiffs the largest single occupational wishing to prove that their lung health problem of our time. cancers were caused by Even though concern over the —continued on page 6 February 18, 1982 Opinion 5 • �Three Coins Party Many law students felt at liberty to behave like perfect fools. (photos by Kevin Moran) Maritime Course Gains Support Asbestos . . . continued from 5 —asbestos exposure. It also presents the possibility of a """iefense of contributory or comparative negligence being raised by the defendants to such an action Mesothelioma is a malignant tumor which arises from the mesothelia surface lining. Asbestos is considered by most authorities to be the major cause of mesothelioma. Although mesothelioma was the last of the major asbestos related diseases to be linked to the substance, the relationship was documented by the 1960"s at the latest. Adverse human health effects have long been known to be caused by exposure to asbestos. In 1924, Cooke in England diagnosed a case of asbestosis in a woman who spent 20 years in a textile factory weaving asbestos. Within the next ten years many cases of asbestosis were observed both in the U.S. and abroad. By the mid 1930's the hazard of asbestos as a pneumocomotic ,dust was universally accepted by the medical field. Throughout the 1950's and 1960's many medical reports and studies on asbestos and workers exposed to the substance were published. In -«y1965 a study entitled "The Occurence of Asbestosis Among Insulation Workers in the U.S." was published by I.J. Selikoff and his colleagues. After examining and studying 1522 insulation workers the Opinion 6 by concluded that asbestosis and its complications are significant hazards authors insulation workers. knowledge of the hazardous nature of asbestos, the U.S. government did not among Despite enact any regulations to protect workers from excessive exposure to the substance until 1969. By way of contrast, England enacted regulations which reduced exposure to the substance in 1933. These regulations led to a striking reduction in the incidence of asbestosis among the workers in England employed after 1933. lln the Matter of leanne Steinhardt, as Executrix for lames McKee, \r., v. \ohnsManville Corp., et. all., No. 434, _N.Y decided October 29, , 1981. Schmidt v. Merchants 2 Jim Newman Deans Headrick, Creiner, and Boyer have all expressed The Student Bar Association support for the inclusion of and the International Law such a course in the Law Society have formally endorsSchool curriculum. Professor ed a proposal for the addition Leary has stated that an adof a course in maritime law miralty course here would give here at U.B. Law School. The U.B. a complete international proposal calls for the hiring of law program. It would appear, an adjunct professor from the then, the remaining obstacle is Buffalo marftime law com- budgetary. munity and the introduction of Each fiscal year the Law the course no later than the School is allocated a finite Spring term of next year. The amount to be spent for adjunct proposal also mentions the and visiting professors. Supfact that almost 140 students porters of the proposal feel have requested that maritime that the maritime law course is law be taught here and that a top priority because the New York State has the largest absence of that course is the admiralty bar in the nation. most glaring omission in the Moot Court After initial elimination and both schools will represent rounds, a tie developed bet- the Northeast Region in the ween U.B.s team, represented National Frederick L. Douglass by Fordice and Reyes, and Har- Despatch Trans. Co., 270 N V vard's team represented by 287. John Carr and Cecil McNabb. 3 Steinhardt v. lohns-Manville, A "tie-breaking"' round was No. 434, _N.Y decided Ocheld between the two teams to tober 29, 1981. decide which one would ad4 McPherson v. Buick, 217 NY. vance to the final round of 382, (1916) is representative of competition. After intensive the cases decided by the New argument by both sides and York Court of Appeals which vigorous questioning by the gave the court a reputation as tripartite panel of judges, the a leader in protecting the winner of the tie-breaker was rights of injured citizens. announced. U.B.s team lost to 5 New York Law lournal Harvard by only one point with December 23, 1981, Levy a final score of 157.5 to 156.5. Stanley J., "Toxic Torts," pg. 1, The final round of arguments pitted Carr and col. 1. McNabb against Boston ColNext Issue: Problems raised by lege's Paula Stepter and Louis statutes of limitations in Brown. Harvard beat B.C. in asbestos related litigation. the final round of competition, February 18, 1982 ... Law School curriculum. This is especially true given the fact that U.B. considers itself to be a "national law school." Supporters also plan to extend their campaign into the Buffalo maritime commerce and law communities. They believe that the expansion of Buffalo port activitiy has been one of the most ignored elements of possible revitalization of the area. Maritime law, then, could become another area of cooperation between the community and the Law School. Supporters hope to see the announcement of an admiralty course made this term. — continued from page 7 Moot Court Competition to be held at Temple University in Philadelphia. , contestants Sylvia Fordice and Angela Reyes ÜB. (Mitch Stern) �DISCOUNT DEADLINE TODAY First & Second Year Students—SAVE $150 off regular price: $525 plus book deposit if enrolled by Feb. 18th Seniors—SAVE $25 off regular price price: $550 plus book deposit if enrolled by Feb. 18th FREEZE PRICES WITH $50 DEPOSIT PROFESSIONAL RESPONSIBILITY EXAM (MPRE) Test Date is Friday, March 12. ALL JUNIORS and SENIORS may take BAR/BRl's MPRE Review Course for NO ADDITONAL COST by simply depositing an additional $50 toward the final balance of your Bar Review Course. Course: Wed., March 3rd, 6-10 pm or Sun., March 7th 2-6 pm Room 107 Irving Younger CPLR Course 18 hour comprehensive NY Practice Course cost for Bar/Bri enrollees: $45 See the first lecture free: 2/18 3:30-5:30 or 2/21 12-2 pm Tentative course dates: 2/28, 3/7, 3/14, 4/4 For information on any of these programs, see one of these BAR/BRI representatives: Orest Bedrij Dana Cowan Carol Cramer Rocky D'Aloisio Ann Demopoulos Ellen Dickes Pat Dooley Mike Doran John Feroleto Paula Feroleto Arthur Scott Garfinkel Julia Garver Leander Hardaway Tanya Harvey Judy Holender Ruth Pollack Cheryl Possenti Christopher Reed Aldric Reid Joe Ruh Steve Scheinfeld Jon Solomon Mark Suzumoto Mark Reisman Richard Roberts Robin Romeo Karen Russ BAR/BRI The Review Course Taken By More People Studying For the N.Y. Bar than ALL Others Combined. February 18, 1982 Opinion 7 �Sports Fans Likely To Find Cable T.V. A Rip-off dream, cable TV has been able perform these miracles originally by bringing in out-oftown stations, and now through two relatively new all sports networks, ESPN and USA. It is the iminent expansion of the latter that will by Steven Getzoff to Any prolonged discussion concerning sports in recent years inevitably turns to television, for the interaction amongst these industries is surpassed only by that of the make the proposed offerings. engine and the wheel. Most currently negotiating ESPN is now an major sports derive for the Sunday overwhelming proportion of with the NBA (USA Night package has it on their gross revenue from televiThursdays) Friday and for the sion contracts. Tickets sales Night NHL package (ESPN curcan never hope to keep pace with rently arranges with the rising salaries several teams intelecasts N.E. area the demanded by the players and individually, while USA has the thus, few teams, if any, could rights on Monday Nights). survive even a single season without television. The College Football prowas purchased for an gram Perhaps the biggest success sum by Ted Turner, outrageous shared by the two industries is one of the pioneers in the field .Monday Night Football, a phenomenon that has forced of Cable TV. It restricts the which may appear on the reorganization of social teams to those ABC his cablecasts itineraries, and the demise of did not cover nationally this countless romances. With that past season, or in other words in mind, we may soon have the pleasure of being introduced the best of the leftovers. Once the foot has been placed in the to several new concepts soundoor, it is obvious that more ding something like this: Thursday and Sunday Night NBA strides will be made by Cable TV in the field of college footBasketball, Friday and ;Monball in the near future. day Night NHL Hockey and Before the addicts pop the Saturday Night College Football. Before a final's week type champagne cork in celebration panic sets in amongst the na- of this new panorama of sport- tion, I mustpoint out that none of these telecasts would involve the pre-emption of your favorite prime time sleaze operas. The new programs will be offered courtesy of one of the most recent inventions in sports relecasting, Cable TV. Referred to as the sports fan's scasting, I should point out that in many instances Cable TV has proven to be the sports fan's ripoff rather than his dream. While Cable com- panies initially served the arm- chair public by supplementing the regular TV offerings and providing telecasts of local home games otherwise not seen in the area, and the like, several organizations, the Sabres included, have begun to use Cable or "Pay" TV in place of regular television, figuring that a fixed hook-up charge would provide a handsome supplemental income. Hence, the number of Sabre games available to ordinary TV viewers decreased from 34 in 1980-81 to 15 in 1981-82. Cable may also replace CBS and the point where it is limited to two participants who are on the ice at that time. This has been accomplished by the "third man in rule" and a recent law mandating suspensions for players who leave the bench to participate in an altercation, all in an effort to change the image of the sport from one that centers around violence to one that emphasizes finesse and skill. In the last few weeks we had exclusive two major opportunities to find out just how serious the league is about changing its image. A few weeks ago, L.A. King coach Don Perry ordered journeyman defenseman Paul telecasts than he could Mulvey to go out onto the ice possibly know what to do with, during a play stoppage to fight but he will have a hefty an opposing player. Mulvey, hookup charge imposed for believing that such conduct many of the "choice" events does not belong in the sport of he might wish to see. (The hockey, and realizing that such reason why Al Davis wants to action would result in the move the Raiders to L.A. is the aforementioned suspension potential for a cable package (for three games), refused to that would enable him to go. As a result, Perry suspendcharge $5.00 or more per ed Mulvey and then placed viewer per game.) Meanwhile him on waivers. The league, the ordinary viewer unable or after a week's investigation, unwilling to make the extra ex- fined the team $5,000 and penditure finds his supply of suspended Perry for 15 days, become the distributor of nationally televised NBA Basketball. Thus, the fan who's quick to jump on the cable bandwagon will enjoy more sports that any longer suspension would be unprecedented and unwar* * * ranted. Dave Schultz, the exThe National Hockey hockey goon, now turned antiLeague has been concerned violent author, accused the with a lot more than television NHL of side-stepping the issue coverage in recent weeks. The for the most part and hoping League had been undergoing a that it will disappear by next gradual alteration in its rules season. Schultz points out that on fighting, in recent years, to since Mulvey was on the last sports rapidly dwindling. suggesting year of his current contract, his future in the NHL is very bleak. If the league were truly concerned about its image, according to the "Hammer' it should severely penalize a coach who orders a player to violate the rules of the game and then benches him for refusing to do so, and also see to it that Mulvey's future in the league isnot jeopardized by the incident. The second incident involved a "sucker" punch by Jimmy Mann of Winnipeg which broke the jaw of Penguin Paul Gardner. Mann was suspended (again after a week or more delay) for 10 games, a trivial sentence in light of the fact that Gardner will be lost to his team for 25-30 games. Again, Ziegler's argument in support of his position is that any further penalty is unprecedented. Actually one could make the same argument when the NBA suspended Kermit Washington (for breaking the jaw of Rudy Tomjanovich) for a half a season and fined him an additional $10,000, making it clear that such conduct would not be tolerated and that its rules would be strictly enforced. It is about time the unwritten "common law" of the NHL, embraced by Ziegler and the almighty board of Governors began to conform to the written rules they adopt. After all, bad law not only makes for hard cases, but for a poor public image of the entity involved. 1982 Commencement Committee Presents Open at all Law Students, Faculty, Staff and Administration Time: Thursday, February 25, 1982 9:00 p.m. to closing Bullfeathers Pine Lodge Place: |—v •—\ I i i r ■ I r~k ■ ■ CLASSIFieDADS TO THE MAN In the tuxedo at last year's party: Your Infant ■ Kenny J. KA ill Q |TQ r\f\ f"f I—l \A/\/ O4OU IVI I I ItJI OUUI I rlWy. Admission: Holders of the Buffalo Law I ■ I . «*i OCnOOI I. D /\ I m m #* f% * * ■ *'■ CJirierS lllLrlUvloo. : v|> I ....■■■■■■■ ■ l"lrt ICC I f\ nUIIIIOOIUII m f\f\ .UU — S>tt flO \f T.V/Vy ■ tho Door OnH CaHo \#r\ll AI MLL II It? Dccl dllU OUUd VUU Cdl J *" **" X J„' QI . I|\ 100 lbs. ofr Chicken Wings l_ ■ li_ I t>fi t OtnPr lvlliriPniP*S fcllwl lUI 1100 ITI Ul X M ■ _| PN ■ music and Dancing MARGE: The Law School I.D.s are a greatbargaln but they are non-ne B otlable. Andy PHIL: Cokeadds life without parole. See you at the 82 days ™£^^n*^.*-, p^,. «« he can. flo ,o the 82 days party. What's yours? MIKE: Showup before latty gets to the wings. BUI LOUIE P.: I'm yours, you animal. SCOTT: Too bad you cant letyour hair down at the 82 days JANET: Your breasts are ready. Pick them up at the 82 days party. Stan Chest, Bra/Bri CHARLIE WALLIN: We are overenrolled for the 82 days Par, V Dut wel, ,orce register you. The Commencement Committee I'M COMING BACK for the B2 days party. Bliss poslPLACEMENT FLASH: Volunteer ,ions available in Ba,on Houae n e »cin8 con. ducted at 82 days party. Audrey. CLASS: Can get back to you about this party? Barbie LAW REVIEW ASSOCIATES: Attendance at the 82 days party will be weighed heavily at promotion time. Law Review Czars >< I Bullfeathera may be hiring at the 82 days party. Alan ~ ED: Happy sesqulcentenmal. CHERYL: Yen a Casa. Good eats at the 82 days party. THE 82 DAYS PARTY: Vldl Vlcl Venl mutvinmm!*,***!*.**,,***. Purchase your I.D. in Front of the Library. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-02-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/18/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9e633d5f805fae71e9232c83f92b42fe.pdf f9be408788c263529bbc310c68222a2f PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion John Lord O'BrUn Hall SUNY/B, North Campus Buffalo, New York 14260 'The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken Volume 22, Number* November 30,1981 State University of New York at Buffalo School of Law Fight to Save Squire Gains Momentum by Earl R. Pfeffer The University of Buffalo campus is alive with activity the likes of which has not been known since the anti-war demonstrations of the late sixties and early seventies. Ironically, it is Squire Hall, the locus of the protests and mass activities that characterized that period, around which the students are rallying. To both the administration and the concerned student body. Squire Hall is a symbol. To the latter it represents a tradition of community and organization, which seems all the more necessary today, given the inhospitable" nature of the Amherst Campus and the alienating effect of having the academic facility spread over three campuses. To the administration, Squire Hall represents a history of another order; its image reflects an era they would soon forget. Although they constantly echo the reminder "this isn't the sixties", they know as well that in centralized assembly and communications lies the germ of student protest and activism. They also understand that once the building is no longer a union it cannot be used as a vehicle for the continued protest of its planned reconstitution. Yet the events of the past few months and the information they have engendered reveal a struggle steeped more in pragmatic goals than in lofty sentiments. The battle over Squire is a fight between factions who have very different interests. It may be surprising to some that a university administration and its student body are not united in their aspirations for the future of their community. Yet universities Have grown into massive educational factories in which purposes and goals of their various components have come into harsh conflict. The battle for Squire Hall in many respects is over the future of this University. Will it grow into a nationally recognized research institution or will it focus its efforts on teaching imparting onto young people — academic and social skills which their careers and lives require? In this battle the parties are hardly equal. Behind the reconstruction of the /vjedical and Dental Schools rest many powerful and influential individuals with a vision of a research center bringing millions of dollars annually into the University's coffers. For the students, what remains is largely an attempt to salvage a university cpmmu.ni.ty. decimated by 16 years of poor planning and misplaced priorities. The victor in this fight would seem to be clear. Yet a sizeable number of UB students have organized an effort to block Squire's closing. This is fueled by the university's failure to provide concrete plans for the replacement of a centralized union on either campus. President Ketter maintains problems designated in the an alternative plan? The distended state of the Universianswer lies in the future of UB ty, the inaccessibility of the According to Dr. Powell, the as a research institution. Amherst Campus, and the lack Report's major criticisms of Lost in the debate over the of cheap housing in the the Dental School involve cur- Dental School is the fact that suburbs, have made the exriculum, financing, hiring, groundbreaking on a new istence of a centralized union salaries, and recommendations Medical School/Research a major need of the UB student for increased interaction with Center is scheduled to occur body. other departments of the this spring. The Medical At a rally on January 27, University, as much as the School will need to use the students expressed their feelspecific recommendation for space in Farber now occupied ings about Squire Hall. "This is the new allocation of space. by the Dental School as con- not just a place to play PacThe Report also notes, fin- struction proceeds to its man," one student said to the crowd of several hundred, "it is a meeting place, a gathering place, and a place to learn." Another student added, "Squire is not just used by students, but by people throughout the community. We learn as much through our interactions here as we do in the classroom." Other students maintained that they do not want to kill the Dental School, but neither do they want to be forced to choose between a union and a new dental facility. They see themselves as the victims of the administration's ineptness. They believe that their activity fees and taxes have gone into Squire and it is therefore their report." Wave of Protest Reinvigorates UB Student Body (photos by Frank Bolz) building. One student pointed out ding it "difficult to believe, scheduled 1985 completion. much less understand," that The plan is to make UB a that 10.000 people use the only $50,000 has been spent on medical research center of na- building daily. Another exministration claims, because the Dental School facility tional importance. Besides the pressed fears about the loss of without a new facility, the since 1962, when it became millions of dollars this will protection and safety for Dental School will lose its ac- part of the SUNY system. bring to the University (schools students engaged in activities creditation. The Dental School If the future of the Dental customarily expropriate 50% at night if there is no central sees no alternatives. Dean School is in a state of emergenof all research money granted place to gather and from Feagans believes that efforts cy, it is more than students to professors), it is a part of a which to leave. fighting to save Squire which vision which sees Buffalo's to postpone the proposed conDr. Powell announced that struction are endangering the has created the crisis. The future as a city of medical he is initiating a lawsuit to stop school. "We do not have the question naturally arises as to reknown. We currently house the taking over of Squire. In option of time," he said. "It why President Ketter and the two highly esteemed research about one week the Citizens has all run out. We go ahead or administration did not foresee institutions in Roswell Park Assembly will file an injuncface the very real threat of loss the needs of the Dental School and Children's Hospital. The tion to halt the of accreditation and imten years ago. If an emergency new medical school would be administration's plans. mediate loss of federal funds situation exists which requires a crowning jewel. When KABOSH leaders Bob for the school." the conversion of Squire Hall it As the costs of private Hayden and Peter Hirshman atPresident Ketter echoed appears to be due to the ad- medical education soar, ÜB, as tempted to gain access to these fears in announcing that a state institution, looks to university records in order to become one of the most pro- determine, for purposes of a the plans could not be postponed without causing minant medical schools in the legal claim, if a prior condition on the original grant to Squire country. This will not be possiseveral years of delay and the depletion of resources and ble without a new facility. If limited the building's use to the Dental School does not that of a student union, their funds by inflation. move to a new building in efforts were blocked by PresiAccording to Bob Hayden, Director of Sub-Board I and a short order, the Medical dent Ketter who called such an leader of KABOSH, a student School plans could be delayed. investigation "nothing more organization fighting to save And that could L>e costly. than masturbation." Although contrary to PresiThe students protesting the Squire, a high source in the American Dental Association closing of Squire believe that dent Ketter's liking, a sizeable the University must not forget number of students are comtold him that a member school the students in its drive toward mitted to a fight to save Squire has never been denied acgrowth and expansion. The Hall. Dr. Powell, addressing creditation and UB would not original 1967 Master Plan call- the students, quoted the great lose its accreditation unless it (Frank Bolz) MichaelPierce ed for a 180 building campus abolitionist Frederick specifically requested it. Crowd Dr. Elwin Powell, Professor Addresses in Amherst, reserving the Main Douglass, expressing perhaps of Sociology, has reviewed the ministration's inept planning Street campus for the Health the growing sentiment of the Sciences. That blurry vision students: Report of the Commission on for this University's future. If the Dental School is not has led to four revised Master "If there is no struggle, there Accreditation. He maintains that "the accreditation crisis is really about to lose its ac- Plans since the original. is no progress. Those who proorganizational not physical; creditation and if for 20 years KABOSH asserts that since the fess to freedom and yet the University has put off Amherst Campus never fully deprecate agitation are men space inadequacy is a correlate not a cause of the dif- significant improvements in developed, the Main Street who want crops without plowficulty the Dental School finds the dental facility, why is the Campus has remained vital to ing. Power concedes nothing without a demand. It never did itself in. The acquisition of administration now claiming the University's well-being. Moreover, the present and it never will." 5<JW'/«.Hall.will not solve the that it has no time to search for that Squire Hall must be converted into a Dental School. This is necessary, the ad- �Vol. 22, No. 6 Opinion ' Policy Statement Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Barbra Kavanaugh Earl Pfeffer Lee Berger Gary Caines Business Manager: Frank Boiz Staff: Wendy Anne Cohen, Marc Canz, Steven Cetzoff, Marty Miller, Rick Roberts, Robin Romeo, John Stegmayer © Copyright 1981, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo Law School Must Embrace Struggle For Squire Hall The community at large looks toward the legal system to serve as a problem-solving mechanism. The student body is faced with a very serious problem the closing of Squire Hall. Little has been done to pursue the legal options available to the student body in hopes of opposing the unilateral actions of the Administration Bob Hayden, co-chairman of the KABOSH Committee attempted to research the original planning and financing of Squire in hopes of finding some restrictions that might prevent the closing of the Union. The documents themselves were restricted and the matter was referred to President Ketter. President Ketter saw "no reason why the restricted records in the Archives having to do with "prior conditions" should be made available. Furthermore, President Ketter stated "such an exercise would constitute nothing more than masturbation." (Letter dated November 18, 1981 to Mr. Chris Densmore, Associate Archivist, from Robert L. Ketter, cc: Mr. Robert Hayden.) Whether President Ketter's actions were within his discretionary powers remains unanswered. It is our belief that legal avenues are still open to the community. Mr. Elwin Powell, Professor of Sociology, is in the process of filing a Citizens' Taxpayer Action under Article 7(a) of the State Finance Law of New York with the aid of his attorney, Leonard Klaif. This action is being instituted in hopes of preventing the scheduled closing of Squire Hall. Whether Professor Powell's action will prevail remains to be seen. The long struggle to save Squire Hall is not yet over. While the fight to keep Squire open is far removed from the concerns of most law students, our membership in the University Community dictates that we take a more active role of participation in this struggle. When the law school was moved from downtown to scenic Amherst, the rationale for therelocation was the value to be gained from interaction and exchange with other segments of the academic community. Here is an opportunity for the SBA to express its concern for the University Community as a whole and to gain experience and credibility as an organization committed to action and the betterment of univefsity life. We applaud the recent decision of the SBA to form a committee that will look into the Squire matter. As the closing date of Squire approaches, among the last hopes for saving the building is the legal action being initiated by Mr. Powell. In this final effort to save the Union, the contribution of law students could prove to be very significant. — Welcome Back Law Mavens! Next Opinion Deadline: Feb. I Oth All Submissions Considered (and probably accepted) 2 Opinion February 4, 1982 National February 4,1982 Lawyers Guild of interest to the legal comThe Buffalo Chapter of the members of the legal comto know one munity in Buffalo. We are inget can munity Guild is National Lawyers' political- vestigating the possibility of comparatively young. In 1974, another and ofdiscuss importance to beginning a variety of projects issues legal Guild members from across us. For those of us who are law geared towards providing serthe country came to Buffalo to students, the Guild provides an vices and/or information to law defend prisoners accused of opportunity to do progressive students, lawyers and others participating in the 1971 Attica work, as well as to address within the community. We encourage input and welcome all prison rebellion. In the proissues of tantamount importance to law, but not covered suggestions. If you are incess, a Guild chapter was formin the Buffalo law school cur- terested in beginning a Guild ed. After the Attica trials endproject, or working with the ed, the chapter continued. riculum. major focus is Guild in any capacity, drop us our Currently, The Buffalo Guild strives to provide a forum where all to provide speakers and films a note in room 118. Policy Statement In the Public Interest The phrase "public interest law" is perhaps more amorphous in the definitional sense than it was when originally conceived. Certainly, it appears that the legal world, at least, has never been in total agreement concerning the scope of what the definition in- , cludes. The goal of this publication, then, it to provide a lens through which we can bring our concerns and uncertainties into better focus by attempting to explore its origins, — understand its scope, and promote student and professional legal world. We perceive the essence of this project, then, as an interdisciplinary exercise. As such, we welcome contributions from students, faculty, professionals and other interested persons from diverse fields. We welcome, too, articles and analyses which take issue with the assumptions and assertions that will be presented on these pages. interest in its destiny. It is our hope that the journal will provide a much needed forum for analysis and debate of the issues and ideas that will shape the contours of this new and precarious decade. By no means will the journal be restricted solely to a Please submit manuscripts legal analysis of these questions; the ramifications of and/or articles to: Center for In these issues venture far the Public Interest, Room 118, beyond the confines of the O'Brian Hall. Complete the Cost Survey eligibility for every type of financial assistance, including student loans, is determined by the predetermined annual budget, a budget figure of $5000 severely penalized a stu- dent whose actual costs are significantly more than the predetermined figure. In ef- fect, the amount of the annual Financial Aid Advisor |oe Huh (File Photo) by |oe Ruh U.B. law students will be asked to complete the third annual Cost Of Education Survey during the week of February 1-5. The survey, the only one of its kind conducted at SUNYAB, provides the only accurate means of assessing the actual financial burden assumed by students in law school. The survey was first conducted two years ago in response to a university-wide committee's determination that a U.B. law student's cost of education, including tuition, housing, transportation, books, and food, was $5000. The law school believed actual costs were substantially higher, but had no proof. Since a student's budget is the amount of financial aid, including loans, that every U.B. law student is eligible for. In response to the committee's decision, the first Cost Of Education Survey was conducted at the law school. The data it supplied enabled then Associate Dean Creiner, the Registrar, Mr. Wallin, and the Financial Aid Advisor, Jay Marlin, to convince the committee that rather than $5000, the actual costs of a single, iiv dependent U.B. law student were closer to $7800. As a result, law students are currently able to borrow the full $5000 Guaranteed Student Loan, and still be eligible for higher student budget means the family can still borrow up to the full $5000, depending upon how much over $30,000 the family income lies. This year's survey is being conducted in anticipation of the forthcoming budget-setting committee meetings. Since the Governor has eliminated SUSTA for the school year 1982-83, it is critical that realistic, up-to-date cost information is available to Dean Headrick and his staff for their impending budget battle. Every law student is requested to take the twenty minutes required to complete the survey, which is a 40 question, multiple choice type format. The survey will be distributed in class to all first year students, and some of the large upper division classes. Students not contacted in class will be able to pick up survey forms in the vicinity of the second floor mail room. Questions should be addressed to Joe Ruh, Room 314, other financial aid including the school's financial aid ad- TAP, SUSTA, NDSL, ALAS visor, who is administering the loans, Tuition Waivers, survey. Scholarships and so on, depenREMEMBER, if your cost of ding on eligibility. More impor- going to school at Buffalo is tantly, with the new Needs more than $7800, this is your Test imposed on the chance to make sure everyone Guaranteed Loan program, knows it and makes the apwhich limits loans to families propriate financial assistance with incomes over $30,000, the available to you. , Ethics Requirements Released More information has become available concerning the new Multistate Professional Responsibility Examina- have set a scaled score of 72 as ween 80-90 percent. passing, which for most test of3. If the ABA adopts the ferings, will require a raw score new code, the test will emphasize the provisions of the of 32 or 33. tion (MPRE): new code that are not essen2. The passing rate, based tially different from the pre1. The examination has 50 multiple choice questions. The on performance in other sent code, at least for the first State Board of Bar Examiners states, is expected to run bet- few tests. �Yearly Registration Confusion Causes Hardship by Joyce Funda cards are then made available to students and the drop/add Registration for spring process begins on the prescribsemester was a frustrating, ag- ed date. gravating experience accorIn his memorandum regarding to many second and third ding preregistration, Charles H. year students. Complaints ranged from confusion over drop/add days to the early closing of a substantial number of courses. The registration process begins with the students' submission of preregistration forms to the Admissions and Records Office by the required date. Third year students' forms are processed in one batch on a certain day. After Wallin, Assistant Dean and Registrar, advised second and students that drop/add would begin on January 4. However, students inquiring- about drop/add before leaving for the semester break were in numerous instances told by certain staff members in A&R that drop/add would not begin until Jan. 18, the first day of classes. third year Instead, students were the batch and allowed to drop/add the week closed out of classes which may have been open the previous week. Wallin, in an interview on January 27 and 28, offered several observations and explanations for the registration snafu. Observing that Fall 1981 registration was -"much worse," Wallin seemed to be unaware of the extent to which students were dissatisfied. When informed of the confusion surrounding the beginning of drop/add, he pointed out that A&R, although located within the law school, is a satelite of the Main Street A&R Office, and thus not "controlled" by the Registrar's Office. He noted that there was no good reason for A&R not to drop/add before Jan. 18 and in- Wallin ClaimsClosed Class Situation Not Critical (File Photo) Graduation Speaker Selected dicated that future dates will be better coordinated. Turning to the problem of closed classes, Wallin was quick to distinguish between the problems peculiar to Spring 1982 courses and the larger issue of the quantity and/or substantive nature of the of- This year's commencement YaleLaw School and is currentis Jack Greenberg, ly an adjunct professor at ColDirector Counsel of the umbia Law School. NAACP Legal Defense and His current involvement inEducation Fund. Mr. cludes serving on the Board of Greenberg handles the Directors of the New York City New Associates Are Welcomed reviewing satisfied that no major pro- before classes started. Those blem exists within that batch, students who returned to A&R processes all second year register on Jan. 18 according to forms. The course schedule instructions found themselves speaker Supreme Court Litigation for Legal Aid Society and working the NAACP He has argued with the International League numerous cases before the for Human Rights. Mr. court regarding such issues as Greenberg has also authored school segregation, employ- such works as judicial Process ment discrimination, free and Social Change, Race Rela- speech and capital punishment. He has been involved ki such noted cases as Loving v. Virginia, Warth v. Seldin, United Steelworkers v. Weber and Boyton v. Virginia. Mr. Greenberg, a native New Yorker, received both his undergraduate and law degrees from Columbia Univeristy. He has worked with the NAACP since 1949, has served as a visiting lecturer at tions and American Law, and futher co-authored Citizens Guide to Desegregation. The Commencement ceremony will be held in the Golden Ballroom of the Statler Hotel on May 23, 1982 at 1:00 p.m. Other planned Commencement activities include an "82 days till graduation" party at Bullfeathers Pine Lodge on February 25, 1982. This party features unlimited beer, soda, wings and munchies. The charge is $1.00 to all holders of the Buffalo Law School ID. and $4 oo to all other law r students. Another major commencement activity is a dinner dance to be held at the Marriot Hotel the evening of April 16th(more details later). During commencement weekend, there will graduation (night of May 22nd) and a reception following the ceremony the next day. Money for the above ac- 176-138 to reject a proposal to terminate the school's recently The American Bar Associa- granted provisional accreditation has decided to allow the tion. By so doing, the ABA has Oral Roberts Law School to altered its long standing policy keep its provisional accredita- against any type of religious tion. The Oral Roberts University Law School has been in the news recently due to a number of legal and administrative actions pending for and against the institution. At issue is the school's practice of restricting student enrollment and faculty membership to those adhering to fundamentalist Christian precepts. The Oral Roberts Law School has a policy of requiring students to sign an oath as to their fundamentalist beliefs. Faculty members have a similar obligation to adhere to the teachings of the Oral Roberts Church. The ABA ostensibly has a stated policy against religious discrimination, but made an exception in this case after an Oklahoma judge issued a preliminary injunction against the ABA and in the law school's favor, prompting the ABA to grant the law school provisional accreditation this summer. Last week, the ABA policy body voted ASSIGNMENTS Six students were welcomed as new second year associates for the Buffalo Law Reivew at a party in the Review office on January 21. Stephen Barnes, Julie Dee, David Doughtery, David Long, Jim Meltzer and Jim Mulley are now fullfledged members of the Review, assisting in the publication process for upcoming issues of the Review and various office duties. the Buffalo Law Review. Topic proposals were varied, including the first amendment rights of high school students, the search and seizure powers of the Food and Drug Administration, a survey of "Belle-Terre" type zoning restrictions for unrelated persons in single-family residences, the Supreme Court's interpretation of Indian treaties, a state's liability for negligent re/ease of a parolee and an examination of the Supreme Court's recent decisions on car searches and seizures. "We are very pleased with the results of the Writing Competition," said Editor Jon Malamud. "The new associates are fine examples of the type of students that the competition program is supposed to reach but who aren't reached by the Spring Case Note Com- tivities is raised through the sale of Buffalo Law School The Writing Competition I.D.'s (in front of the Library). Buy the ID. and get great program began on September deals on movie tickets, drinks 7 last semester with 21 topical proposals being submitted. By and wings. November 2, the competitors had been reduced to seven students by Writing Competition editors Peter Kaplan and discrimination within the Jon Malamud. Second drafts academic context, and has by these seven students were allowed an exception where evaluated by the entire thirdthe accreditation relates to law year editorial board and the six schools with religious affilia- students were invited to join petition." Fundamentalists Cow ABA by Ralph W. Peters be a cocktait* party at the Marriot Hotel the evening before by Barbara Kavanaugh fered courses. He suggested that criticism or suggestions for change be directed to the Academic Policy and Program Committee. Part of the closed course problem is due to the relatively large sizes of the second and -continued on page 6 tions. LAW STUDENTS (Spring Semester) Student Activity Fee Waivers Last Day To Apply Wednesday, Feb. 10 Applications Available in SBA Office Room 101, O'Brian Hall determining February 4, 1982 Opinion 3 �Sub Board Provides Services by Barbra Kavanaugh $5000 to campus groups in order to publish two issues of Would you pay $18.50 for any special interest publicafree or discounted prescip- tion during the. year. In fact, tions, films and concerts, for this board has paid half of the free special interest publica- printing costs of In the Public tions, counseling, an oncampus "music room" and legal services? Terrific, because you already have. to Alan According Rosenfeld, SBA representative to Sub-Board I, Inc., law students give $15,000 in student fees to Sub-Board, which receives a total of $300,000 each year from all U.B. students. Yet, law students rarely take advantage of SubBoard's programming and services. For example, the U.U.A.8., a division of Sub-Board, offers substantial subsidized concerts, films, dance and theatre presentations as well as the annual Folkfest. These events are free or discounted for students, but "for some reason, law students don't come to this type of thing very much," said Rosenfeld. "Maybe it's poor advertising, or this type of programming doesn't appeal to law students, or maybe they just don't have the time, but I don't think that's it." The U.U.A.B. is just one of three divisions operated by Sub-Board. The Publications Division funds Current Magazine, and the Innovative Publications Board gives up to Interest for two years, with the SB.A. picking up the rest of the tab. "This is an opportunity for law students to get something published or give them something to read which will introduce new ideas and perhaps attract more creative people to the University," said Rosenfeld. I "Deep down, think that Sub-Board's primary function is to make the University more counseling and workshops for those who choose abortion and those who do not. The Administrative Division also runs University Press on an "income-offset" basis, offering printing and resume service to law students at very low rates. The Squire-Amherst Division is responsible for the OffCampus Housing Office and Croup Legal Services. According to Rosenfeld, "GLS could provide clinical experience for law students in providing low cost legal protection to the university community in such areas as landlord-tenant law and consumers' rights. Unfortunately, few law students testing, "Also through the pharmacy and the Sexuality Education Center," Rosenfeld continued, "all birth control devices are available at drastically reduced fees. This is where the price difference is most dramatic because there is no mark-up and we can get special clinic prices ourselves. We can actually sell birth control devices and pills cheaper than offcampus pharmacists can buy them." In addition, individual counseling is available at the Sexuality Education Center, and there are several programs for pregnant women, including . have taken advantage of this program." This division also operates the Browsing Library/Music Room on the Main Street Campus. This is a big, comfortable "living room" where students can, read or use listening booths to listen to music. "Not too many law students use the room now, but when it moves to the Amherst Campus it will be a really nice place to read, listen to music and relax. The point is that, for roughly $18 each, law students are being provided with films, concerts, cheap prescriptions, special interest publications counseling and more. You've paid for it, use it. These days, it's hard to find a better deal. Hiring Process Underway attractive and to draw people to U.B. by offering day care, health insurance, legal protection and concerts." Five prospective law faculty The Administrative Division members have been interviewis responsible for running the ed on campus during the last pharmacy on the Main Street two weeks. For them, it was the Campus. Law students on the final step in the continuing health insurance plan may get recruitment and selection protheir prescriptions filled for cess. free and others can buy While the final decision on prescription drugs at discount which candidates will be ofprices. fered positions rests with the "Our big problem is the faculty as a whole, the initial struggle each year to make screening and selection sure that the pharmacy doesn't responsibility lies with the make any money, because we Faculty-Student Appointments are committed to running it as Committee. an 'income-offset' operation. Although the committee During the flu season, we acreceives direct inquiries from tually lower prices. All applicants and referrals from prescriptions are drastically sources within the profession, cheaper than in off-campus the basic source of candidates pharmacies. is the Association of American Faculty Register. publications, references, and ethnic Those wishing to teach in an gender, American law school file a background. resume with the Register. A At committee meetings each one-page distillation of the prospect was briefly discussed resume is sent to each law and then loosely ranked from school. The Association then high to low on the basis of the Law Schools conducts a two-day mass interviewing session to facilitate the law schools' preliminary selections. and Last October November, the Appointments committee members read interest of the committee in interviewing him or her. Using this ranking, appointment slots were filled for Buffalo's interviewers, Dean Thomas Headrick and Associate Dean John Schlegel, at a December several hundred of these 4-5 mass interviewing session forms. Each one briefly listed in Chicago. the candidate's academic The interviewers then probackground, honors, teaching vided the full committee with experience, present employ- the impressions gained during ment, teaching preferences, these half-hour interviews and —continued on page 6 geographical preferences, SPRING MIXER Sponsored by SBA Social Committee Friday, February 5,1982 9:00 p.m.-1:30 a.m. at Three Coins Banquet Room 1620 Niagara Falls Blvd. $3.00 TOT LdW StUdentS (Law School I.D. must be presented at door) $6.00 for Guests ALLthe liquor, beer and soda you can drink, after 1:30 drinks are $1.25 FREE wings, potato chips, pretzels Music and Dancing Note: Please park across the street in the K-Mart parking lot. Ties are requested. 4 Opinion February 4, 1982 / | I f \ff\j \\ c°»'^- �Faculty Update A few law students may still remember the name of Grace Blumberg. Ms. Blumberg was a UB Law graduate who later became a member of the facul- Grace Blumberg at UCLA (R.W.Peters) ty at this institution, teaching here until leaving for UCLA Law School in 1979, ostensibly on a leave of absence. She subsequently decided to remain in the City of Angels, and now teaches Property and Equitable Distribution at UCLA. A far ranging Opinion reporter had an audience with Ms. Blumberg this past semester break. Speaking to the professor in her cluttered office in the UCLA Law building, the reporter got the distinct impression that the exUB professor enjoyed her new home, and enjoyed teaching at UCLA. She praised the local students as being very bright, but remembers her UB students as being better prepared and more apt to attend class. She gives her regards to all those who knew her during her stay at ÜB. Heads Up, Hams!!! An Open Letter to Students and Faculty: All Law and a chance for everyone to laugh with (or at) their friends. We need singers, musicians, LAW REVUE IS COMING!! interested in workFourth Annual Law Revue Show is invited to attend a general meeting on Tuesday, February 15th, at 3:15 p.m., in the first floor lounge. The show itself will be better than ever. It's been set for April Ist at 6:00 p.m. in the Talbert Dining Hall. There'll be plenty of liquid refreshment, and we willnot be under the time constraints that were faced in the Pub the past several years. For all those who either don't know, or can't remember, Law Revue is the Law School's annual showcase for all of its-talented denizens, Anyone ing on the , comedians, and anyone with any presentable talents. You are all encouraged to participate. The show will have a house band to accompany anyone who'd like to perform. The target date for rehearsals is the week before spring break, so start thinking about skits, and tuning up those instruments. Look for future announcements in the Opinion and in front of the library as to meetings and deadlines. For now, any questions should be directed to Jeff Shein (Box Rich Wiebe (Box 621). 578), or A splendid time is guaranteed for all!! The SBA Law Revue Committee The Gem of Local Pizza by Marc Ganz As a native New Yorker, I yearn for the taste of real pizza. Not the dry, tough "garden variety" pizza to be found in the Buffalo doldrums. But real live pizza, the kind that wakes you up when you're down and keeps you feeling good the rest of the day. Ray's on the upper east side, and V&T's on 110th Street are the pizza places I prefer the most: a gourmet's delight. Last week, we ventured to a pizza lover's paradise: Syracuse's Pizza Plant, in the Clarence Mall in Williamsville. They serve a stuffed pizza that is delicious. This gastronome's equivalent to orgasm consists of a bottom crust, a top crust enhanced with a rich tomato sauce, mozzerella, and other ingredients in between. In our icase, we chose the homemade sausage and onions to complement the cheese and tomato sauce. It was made from scratch, like any other great parlour's pizza, and it was obvious from the smell that we were in store for a great meal. The medium (10") pizza sells for $5.80, plus $.60 for each additional ingredient you order. It is well worth the price to allow your body the pleasure of stuffed pizza. The Pizza Plant also serves The Pizza Pod, consisting of a fresh loaf of french bread with your favorite fillings inside, or the conventional pizza, oozing with cheese wherever you turn. Beer and wine are also serv- ed and we recommend the Holstein German beer, which is a touch above your usual brewski. The restaurant's interior design is attractive, with nice wooden tables and a quiet, mellow atmosphere that contributes to a good meal. Bocce's: eat your heart out. True class exhibits itself in Syracuse's Pizza Plant, a true culinary delight. There are perhaps one hundred or more pizza parlors in Buffalo. Yet we have found no pizza that even approaches the fresh, rich and zesty taste to be had at Syracuse's Pizza Parlour. Try it yourself. You'll see. SBA Sub-Board Representative Position Open—All Those Interested Please Sign Up in Mailroom Those interested in becoming representatives to the Young Lawyers' Division of the NYS Bar Association will find a sign up sheet in the mailroom as well. BUTTNOSE L*yeiiHr£>ii?7 0/^AwpixccwMa 3Y KELLY &LEVINE February 4,1982 Opinion 5 �Loophole by hal malchow Registration Confusion... —continued from page 3 third year classes (280 and 305, respectively) according to Wallin. He noted that the school is attempting to expand the full-time faculty and that a firm lower enrollment limit has been imposed for next year's incoming class. Wallin noted that students compound the registration problems. For example, approximately 60 percent of third year schedule cards reflected registration for five courses SUMMER LAW STUDY in Guadalajara London Oxford Paris Russia Poland San Diego - For information: Prof. H. Lazerow U. of San Diego School of Law Alcala Park, San Diego CA 92110 6 and twelve third year students registered for six courses. Wallin asserted that it is unlikely that that many seniors are taking five courses, let alone six, but that they register for an additional course for 'insurance." The result, of course, is that second year students were closed out of classes that in reality weren't full. Further, many students don't register for alternate courses on the preregistration form. Wallin asserted that this is one indication of poor planning by students and if utilized would reduce some of the frustration of registration. Acknowledging that some courses are simply more popular than others and therefore closed early because of demand, Wallin's position was that the closed class situation is not as critical as it might seem. For example, using enrollment figures taken from a January 28 computer list, he pointed out that the following courses are among those still open for enrollment: Collective Bargaining, Criminal Procedure, Corporations 11, Evidence, Evidentiary Problems, Estate Planning, Tax 11, Securities Regulation, EmployDiscrimination, ment Remedies, Legal Order and Constitutional Law IV. Because it is common for students to register for a course and later decide to Opinion February 4, 1982 drop it, Wallin emphasized that the closed status of a essentially giving his or her suggested that correctly permission for a student to preregistering after thoughtful register even though the planning would help avoid course can change daily. Citing Commercial Paper as an exam- course is closed on the comple, Wallin noted that the puter. He said that the majoricourse had an enrollment limit ty of faculty members will of 81 and 85 additional force at least 10 percent of the students attempted to register enrollment limit in anticipafor the course. The January 28 tion of offsetting those who data, however, showed enroll- drop the course. Emphasizing ment at 78. Wallin said that if a the general willingness of the student really wanted to take faculty to force register, he did the course, repeated attempts acknowledge that there are a would have been successful as few members who, for various evidenced by the January 28 reasons, choose to limit class "open" status of the course. size. Wallin also advised that the faculty has been "educated" about forced registration — registration disappointments. While noting that second year students had the most difficulty with spring registration, he pointed out that as third year students they will have first choice in all courses. For early planners some of the offerings for Fall 1982 will most likely mclude: Gratuitous Transfers, Agency and Partnership, Criminal Procedure (possibly), New York Practice, Recognizing that registra- Trial Technique, Labor Law, tion can be difficult under the Family Law (possibly two secbest circumstances, Wallin tions) and Corporations. Hiring Process —continuedfrom page 4 with more detailed resumes. The committee decides which of these candidates or other prospects from alternate referral channels to bring to Buffalo for more intensive scrutiny by faculty and students. The five recent visits, one last semester, and possible additional visits this semester give the law school community the opportunity for input into the decision. Each candidate comes for one or two days filled with half-hour appointments With individual or small groups of faculty members. One hour is allotted for any in- terested students to meet with ... might have received. Appointment committee In addition to Deans members gather impressions Headrick and Schlegel, the from their constituencies and faculty is represented on the assess both the qualities the Appointments Committee by applicant can bring to the law librarian Marcia Zubrow and school and whether he or she Professors Robert Berger, has generated sufficient sup- Louis Del Cotto, and Janet Linport within the faculty for apdgren. pointment. A favorable committee report places the quesStudent committee tion of tendering a formal offer members Nelson Aviles, Tom before the faculty at its next Bantle, Robin Romeo, and meeting. The faculty's positive Alan Solarz were appointed by vote will bring the candidate the SBA. Anyone desiring furto Buffalo contingent upon ther information on prospecnegotiations as to salary and tive candidates or wishing to teaching responsibilities con- express opinions on them ducted by the administration should contact any of these and other offers she or he members. the prospect. �MR. STAN CHESS, Director of Bar/Bri will discuss the N.Y. Bar Exam and the Review Courses TODAY, Thursday, Feb. 4 at 3:30 p.m. in Room 106. Refreshments will be served. DISCOUNT DEADLINE FEBRUARY 18 First & Second Year Students—SA YE $150 off regular price price: $525 plus book deposit if enrolled by Feb. 18 Seniors—SAVE $25 off regular price price: $550 plus book deposit if enrolled by Feb. 18 PROFESSIONAL RESPONSIBILITY (MPRE) Test Date is Friday, March 12. February 12 is the deadline for registering for the test. BAR/BRI has registration forms available. ALL JUNIORS and SENIORS may take BAR/BRl's MPRE Review Course for NO ADDITIONAL COST by simply depositing an additional $50 toward the final balance of your Bar Review Course. For information on any of these programs, see one of these BAR/BRI representatives: Orest Bedrij Dana Cowan Carol Cramer Rocky D'Aloisio Ann Demopoulos Ellen Dickes Pat Dooley Mike Doran John Feroleto Paula Feroleto Arthur Scott Garfinkel Julia Garver Leander Hardaway Tanya Harvey Judy Holender Lori Marian Ruth Pollack Cheryl Possenti Christopher Reed Aldric Reid Joe Ruh Steven Sheinfeld Jon Solomon Mark Suzumoto Mark Reisman Richard Roberts Robin Romeo Karen Russ BAR/BRI The Review Course Taken By More People Studying For the N.Y. Bar than ALL Others Combined. February 4, 1982 Opinion 7 �Super Sunday Caps Spectacular Grid Iron Season by Steve Getzoff ' Last Sunday's events conone of most excluded the citing and successful NFL campaigns in recent history. An unprecedented number of teams were in contention for a playoff spot going into the final weeks and several perennial cellar dwellers suddenly found themselves in postseason competition. Aside from the 49ers, who recorded the greatest improvement in a single season since the 1970 realignment, and Cincinnati, who succeeded in literally turning the AFC Central division upside down, the greatest surprise had to be the Giants, who at the start of '82 suddenly found themselves in the second round of the NFL playoffs. Actually, none of the players really knew what a playoff was, but over the last 15 years the team had heard rumors to the effect that there was such a thing after the regular season had concluded. The Giants also found themselves with a host of supporters who in years past displayed as much interest in the team as a third year law student in April, and who were now boasting about "their" Giants. The Jets also brought some joy to New York with an amazing turnaround after a disastrous start, losing only to Seattle in the last 13 weeks of the season. In the playoffs they spotted the Bills a rather substantial lead causing what might have been a miraculous comeback to fall painfully short. Other unique developments in 1981 included a sudden resurgence of the home field advantage. Dallas, Detroit, Denver and Buffalo combined for a 30-2 record at home and a 10-22 record on the road, with only the Giants having a better record away from home. The 1981 season also saw record-setting attendance figures and major improvements in the TV ratings for all but NBC, whose ratings mysteriously dropped a few fractions. Once Bryant Cumble is gone next year they'll be lucky to break double figures. Of course CBS, despite forcing its viewers to suffer with Jimmy the Greek (if the NFL doesn't accept gambling on football as legitimate, why do they allow both networks to bring on bookies to tell the fans how to bet the spread) and Co., has the good fortune to be affiliated with Middle America's team, the Dallas Cowboys, whose image would make Jerry Fallwell look like a hippie. The S.F.-Dallas playoff game received a 41 rating while the Cinn.-S.D. game the same day had less than half that number of viewers. The new prosperity of the NFL may be shortlived however, because of serious differences of opinion between players and management over some critical issues, and last summer we learned the natural and probable consequences of such a problem. The players want a substantially larger portion of the teams' revenue applied to salaries, the removal of all astroturf surfaces and compensation for everything short of a toilet training mishap as a footballrelated injury. Needless to say the two sides are gridirons apart and it will take more than a few Joe Montana bombs to bring them closer together. If no major changes occur in this matter during the off season, the words 'Black Sunday" may take on an entirely new meaning next fall. As long as the topic of the day is labor disputes, it may be interesting to note that the NBA barely averted a strike when it arranged a last minute settlement on grievances brought by John Havlicek and other assorted ex-pros. How many of the players would have given up their five-figure weekly paychecks over the issue isn't known, however. The season itself is anything but unusual, as the usual powerhouses are in control, although league leading Boston lost consecutive home games, for the first time in two years. The Celtic's depth has set them a step above the rest of the league, especially with Darryl Dawkins out for a few months. The Lakers, coached by whomever Magic Johnson doesn't dislike this week, lead the west. In fact it is rumored that next Magic is going to insist that the Lakers provide catered shootaround, bimonthly practics and will insist that the league schedule all Laker games in Los Angeles so he won't have to travel (From Peter Vescey's column, N.Y. Post). The improvement of the year has to be the Seattle Supersonics led Dγ all star forward Lonnie Shelton (for Marvin Webster, remember?) and all-star guard Gus Williams returning from a one-year sabbatical. � * * With Isiah Thomas leading the Detroit Pistons all the way into fifth place, dominance in the NCAA belongs to the. ACC again, as North Carolina and Virginia appear headed for the first intra-conference final since Indiana beat Michigan in '76. Georgetown and Villinova have helped revive the sport in the Northeast, with the Big East Conference becoming one of the better ones in the na- tion. In addition, Canisius and one is reminded that the ice St. Johns have provided their hockey season is in full swing, respective cities with excellent with 7-Up phenom Wayne Gretzky headed on a collision basketball, usually reserved course with every scoring for the other cities. in record in the books. He and his UCLA discovered November that even the highly underrated supporting cast (Grant Fuhr and Mark almighty dynasties are not immune from the wrath of the Messier to name a few) have Edmonton in contention with NCAA, and was placed on probation. In a few years writers the revitalized Sabres for best will be selecting the top twen- record in the league. Buffalo ty and the two or three teams has been aided immensely by on the list not on probation McCourt and Foligno arriving will play for the national title if in a trade that most fans apthe current trend continues. proved of once they evaluated The NCAA has placed itself in it with their heads rather than the unpleasant position of at- their hearts. Unfortunately, tempting to strictly enforce unless you are one of the few rules that have for years been who subscribed to the Video casually ignored. Finding a Season Blackout package, the school with a totally clean team is only a distant image record will be about as easy as heard on radio. Herb Brooks's beginning to finding a virgin at an orgy. mold the Rangers into his type * * * Probation also affected of team, with a few necessary several football programs in modifications, and the Rangers ■'81, including the impressive have shed much of their early inconsistency, and moved into Miami Hurricanes, who overwhelmed several top twenty third place ahead of the teams en route to a 9-2 record. Penguins, while the Islanders Clemson brought a well- and Philly battle for first place deserved title to the ACC for (whatever that's worth). the first time since the days * * * Finally, amidst the chill of when Prosser was beginning law school with an impressive winter, baseball again merges thrashing of the Cornhuskers in the sports headlines, this of Nebraska in the Orange time in the form of allegations Bowl. To recite all. the bowl by Marvin Miller that the game results would require a. owners are m collusion in an treatise rather than an article, effort to keep free agent offers so for now it'll suffice to say down. The fact that Miller conthat Perm State, Pitt and Texas siders offers within the realm all can make a legitimate of the feasible as evidence of claim for the No. 2 spot after collusion only demonstrates bowl victories over Georgia, how absurd his position has USC and Alabama respectivebeen.all along. Besides, Reggie ly. Most significantly Perm was recently offered close to State removed the cloak of in- $1,000,000 per year plus 2/3 of vincibility worn by Marcus the upper deck and bleachers Allen all year, possibly reopen- by the California Angels. If onning the issue of who will be ly sportswriters could receive a percentage of the salaries of drafted first in April. the guys they write about, I * * * Driving through the Amherst wouldn't have to send out so campus parking lots this week, many resumes .this year. _ . Law students at Harvard, Stanford and Illinois want them, but only U/B Law students can get them! What are they? Law School I.D. 's! Purchase your law school I.D. for $10 and develop your social skills at events like these: (and at very special prices!) Bullfeather's Lodge 3480 Millersport $2.50 pitchers G.C. $1 mixed drinks $1 off double wings 7 days a week P.J. Bottoms 3270 Main St. $2.50 pitchers Strohs $1 mixed drinks $1 off double wings 7 days a week Pierce Arrow 1680 Elmwood $2.25 all pitchers 75 C mixed drinks, 8-11 7 days a week Scotch 'N Sirloin 3999 Maple all beers 75 C happy hour on all mixed drinks Sun., Mon. (1/1/82), Tues., Wed. Boulevard University Thruway Eastern Hills Summitt Park "| > Cinemas } 82 days party (Feb. 25) dinner dance (Apr. 16) \ f All performances only $2.25 with tickets purchased at Law School. Good anytime—day and night. Good at all General Cinemas in the U.S.—including NYC! reduced admission to these events, which last year resulted in marriages, divorces, hangovers, a view of the dean in his tuxedo and set the standards by which all social events are now measured All proceeds from the I.D.'s will be spent on student activities. SPECIAL PRICES GOOD UNTIL MA Yl Get your card at the table near the library. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-02-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/4/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/69e3f597dfef314de33b5f6cb0fcd2cf.pdf 59c680ec5e180477bf2373e64f882cfb PDF Text Text New Prof Brings Interest in Culture and Society by Wendy Anne Cohen innovative approach to teaching encouraging: "It's After three years in Thailand easy to get too entrenched in with the Peace Corps, and five traditions that stretch back to years as a research attorney at the 19th Century. It's good to the American Bar Foundation, question things occasionally," Professor David Engel has join- he believes. A graduate of the University ed the ranks of the law school faculty. of Michigan Law School, ProAlthough this semester fessor Engel spent five years at marks Professor Engel's first as the American Bar Foundation a full-time law school faculty in Chicago on the research member, he does bring some staff, designing and carrying teaching experience with him out projects involving the to the job. During his three study of law in its social conyears with the Peace Corps in text. His most recent project Thailand, he was involved both for the Foundation involved in teaching and in training studying the legal system in an others to teach a variety of Illinois community. "I talked to lawyers, judges, subjects, primarily at the teachers, ministers, beautielementary school level. "I just told teachers they cians, and bartenders," Prohad to be themselves, and not fessor Engel said, explaining worry about an abstract idea how he went about getting a of how they should teach, or sense of "why and how the forthey wouldn't be comfortable mal law was used on some ocor successful," he noted. casions and not on others" in "UB is a very exciting place, the community. and it's generally recognized Before joining the Bar Founas being an exciting place dation, Professor Engel studied elsewhere in the country," Pro- the social impact of law in fessor Engel said. He finds the Thailand. "I spent three years law school's commitment to in Thailand in the Peace Corps, the "Buffalo Model," and an so I guess it was natural for me to start thinking about these issues in a comparative context," he added, noting the similarity between his research in the Illinois community and in Thailand. The professor is the author Custom in a Thai Provincial Court, a look at how Thai law functions in a provincial setting. Professor Engel is a member of the Committee on Asian Law and serves as a representative for South Asia. — by Larry Spielberg of Law and Kinship in Thailand During the Reign of King Chulogkorn, a study of Thailand's traditional legal and political system, and Code and Professor Engel is aware that he will "certainly have less time for research," particularly during his first year teaching, but adds it's "a trade-off I Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 and knowingly willingly." This semester he is teaching a seminar entitled made "Law, Culture and Society," and a nine-week torts course which began the second week in November. Although a nineweek torts course is a departure from the traditional full semester course, he~points out that the number of class hours will be equal to that of a fullterm course, and he will just have to "wait and see" how the shortened course works. Professor Engel may also teach a course in Southeast Asian legal systems in the future, if there is student interest. A somewhat rusty violinist, outside of the classroom Professor Engel enjoys music and is interested in photography. The Engels have two children, Anya, four, and Mark, two, and have settled in Eggertsville and "We're very happy here so far. My wife enjoys it here and the kids enjoy it," he said. Having lived in Ann Arbor and Chicago, Professor Engel is also used to snow, although perhaps not in such quantities as Buffalo receives Opinion |ohn Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken November 30,1981 State University of New York at Buffalo School of Law Volume 22, Number 6 Buffalo Proud of Its Long Maritime Tradition required the manipulation of Great Lakes' commerce will both the Congress and the U.S. reveal its vulnerability to the Long before George Stein- Coast Guard. There were kind ot manipulation that the brenner befell the New York unions to be busted and owners used Entrepreneurial Yankees, he'd worked the same money to be made; commerce capitalism allowed the lakes's magic on Great Lakes' was never tor ttie taint ot shipping industry to grow organically through the 19th maritime commerce. Krom his heart. off when expansion peakAnyway, George century was to position as a Cleveland shipping magnate and his leader- the Big City and the ownership ed and maritime commerce a very quickly became a Rockefeller ship role in the Lake Carriers of a sports team Association, he held reign over fashionable undertaking tor fiefdom. On to history. There are five of them the virtual disappearance ot members of his class who reAmerican Lakes' shipping. quire more immediate and Superior, Huron, Michigan, the George and his cohorts man- public affirmation ot their Erie and Ontario greatest fresh water repository aged the shrinkage of the potency. I mean the detumesAmerican Great Lakes' fleet cent Yankees were tor sale and in the world. And, navigable; from bOO ships after WWII to certainly George could get they flow from the mid-North American land-mass, rich in just over 100 today. An them up again. A review of the history ot minerals and grains, 2,000 awesome task, certainly, that by |im Newman — miles to the Bay of Bisque and the global sea routes. To this system, then plied by native 28-man canoes, came the commercial European. The first "ship" was built by Francis La Salle In 1668 the 10-ton Frontenac was launched on Lake Ontario. He tried to sail up lake despite native warn- ings that the Niagara River was not passable. The Frontenac went on the rocks within sight of Niagara Falls. After the necessary portage, La Salle built the 60-ton Criffen in what is now the Black Rock section Continued on page 4 — SWJ Lawyers — Mete Out Justice — Every Tuesday and Thursday night, SUNYAB law students can be found in Room 201 Norton honing their advocacy skills before a three-justice panel of the Student-Wide Judiciary (SWJ). Whether an ar- raignment, hearing or appeal, fhe Waterfront - A study in decline — Courtesy of fhe Spectrum prosecutors and defense counselors are applying the fundamentals of trial technique and learning to present arguments based on extensive client and witness interviews. normally established in the early 19705, and until 1979 combined with an InterResidential Judiciary now subsumed by it, SWJ is an all student operated and funded court. Its purpose is to provide a fair hearing and a decision by peers to student defendants brought before it. The court's jurisdiction extends to any non-academic regulation of the University not specifically excluded by other University statutes. It handles election disputes,constitutional challenges against constituent student governments and disputes arising between student governments, where SW) arbitrator. SWJ's bench is composed of acts as student volunteer justices, and representatives from ÜB's Graduate, Undergraduate, and Millard Hllmore Student Associations. These students act as both judge and jury throughout their staggered two-year terms. The court is presided over and administered by a Chief Justice who is elected by the court. Law student prosecutors work out of ÜB's Division of Student Affairs under work- — Continued on page i �Prez Threatens Discipline Opinion Vol. 22, No. 6 November 30,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Barbra Kavanaugh Earl Pfeffer Lee Berger Gary Caines Frank Bolz Business Manager: Contributors: Che Berkowitz, Devin, Jim Newman, Jill Paperno, Anna Marie Richmond Staff: Wendy Anne Cohen, Marc Ganz, Steven Getzoff, Marty Miller, Rick Roberts, Robin Romeo, John Stegmayer " Copyright 1981, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School ot Law, SUNYAB Amherst Campus, Buffalo, New York 142b0. The views expressed in this paper are not necessarily those ot the Editorial Board or Statt ot Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Kees Composition & De«ign: University Press at Buffalo Editorial Progressive Courses Are Recommended In this issue we continue the Opinion's introductory interviews with new faculty. The staff of the paper extends its most sincere welcome to all new professors and is grateful for the clinical and theoretical depth they bring to the teaching of law at ÜB. We believe that the humanitarian and progressive concerns represented in the new staff will complement the more traditional aspects of our legal education. We encourage students to take advantage of the course offerings of professors who offer a more theoretical and historical approach to the study of law. The critical focus of course offerings in labor law, legal history and civil rights will not be available to most of us once we leave the academic environment. Moreover, classes with professors who hold ideas which challenge mainstream interpretations of the law and society can provide an enlightening forum for the discussion of disagreements. Greater understanding of the relationship between law and the social factors which engender it will enhance us both as attorneys and as members of a deeply troubled society. While technical skills are important for the practice of law, a deeper comprehension of the forces underlying the development of legal concepts will make us more effective advocates, especially in areas in which new law and policy are being contemplated. With society in a constant state of flux, students at UB Law are fortunate to have devoted faculty members interested in societal change and social policy. It is the interaction of these two elements of modern society that produce much of the challenge to be found in the study ot law. Law students are strongly advised to expose themselves to the thought-provoking courses available at our law school. &MK9OMJ Good Luck on Finals 2 Opinion November 30,1981 Spring before Apr. 1 to report S.B.A. funds for survival. It's on the group's activities and surprising that the interest in continuing an organization is plans. 2. Publish a letter in the slack enough to fail to comply Opinion between Oct. 15 and with an hour and a half comMar. 15 describing the club's pliance. Each organization has now activities and plans. 3. Submit a list of ten been given recent individual signatures of matriculated notification of the violation by students who are members of the Rules Committee, the responsible S.B.A. organizathe organization. The organizations subject to tion. At the last Rules Commitby Robin Romeo compliance include: Center for tee meeting it was decided Public Interest Law, Women that this non-compliance with All S.B.A. funded organiza- Law Students Association, the Nov. 1 deadline would BALSA, HANALSA, National reluctantly be waived. Further tions are presently on probanon-compliance will be taken tion for violation of by-law 13. Lawyers Guild, BCMS, EnThe by-law, passed last April vironmental Law Society, Opi- into consideration in the future by the S.B.A. board, sets up nion, PAD, Law Review, OSHA when the S.B.A. Board votes on certain requirements that each Committee, Buffalo Public In- requests for additional funds organization must follow in terest Law Program, and Inter- and when the budget for next year is compiled. order to be considered for funnational Law Society. It's in the organization's and All have failed to meet the ding. The requirements, which Nov. 1 deadline of sending a law school's best interest to take approximately one and a representative to one S.B.A. follow this by-law. It makes half hours to comply with, are meeting. Only one organiza- public the organization's acwhich in three parts. Each organizaintion has yet complied with #3. tivities tion must simply: In spite of notification in the creasesunderstanding by the 1. Send a representative of beginning of the semester at a student body of its functions. the organization to one S.B.A. treasurer's meeting violations This may increase participaboard meeting in the Fall are still being committed. tion as well as awareness. All before Nov. 1 and one in the These groups depend on will benefit. Save Library for Truly Needy school, what more do they want? While we're at it, we should I agree wholeheartedly with both the editorial of 10/22/81 seriously consider the banishand the letter from the first ment of 3rd year students. year student on 11/5/81, with Listen, if they have jobs lined up they don't really have to some modifications. Throw the little bastards out study and if they don't have of the library! Banish those jobs, they should get off their gum-snapping, applebehinds and find one. After all, munching carrelers but let's if they can't find jobs its gonna not stop with the undergrade. reflect on the whole law While we're making the library school, right? I mean, some of a better place to study we them sit on the ledge all day might as well get rid of the because they apparently don't freshman law students too. know how to make coffee and They have no research to do so have to hit on the vending they don't have to be in the machines every ten minutes. library. First year law students Don't they have any kind of don't know what any of the social life? Maybe they're trybooks are for anyway. And ing to get dates. I hear some they can study Torts or people consider the law library Criminal Law anywhere. At to be as good as a single's bar. home. In their cars. In ftie baseSpeaking of singles, let's ment of O'Brian. We should be send those married people spared their hair-pulling, teethhome where they belong. They grinding anxiety attacks over should be home taking care of Contracts. My God, they were their spouses and/or children given nine days off from and/or pets. That's what they To the Editor: got married for! And divorcees make me nervous, you know what they say about them. Are they really in the library to study? I think it goes without saying that anyone who pays less tuition than I do should get the boot. Got a TAP award or tuition waiver? Get a job. I pay more, so I got more rights to use the library. Have I left anyone out? Oh yeah, people with alligator shirts because I don't own one. So there you have it. It makes good sense that if we keep all these people out of the library I'll be able to study and research much more comfortably. Sincerely yours, A second-ye#r law student Wait'ra minute. Who's gonna check out my book? Ethics Questions Questioned To the Editor: I've decided not to take the New York State Bar Examination Professional Responsibility exam. Instead, I will petition the New York Court of Appeals and ask that body to waive the ethics exam requirement in my case. I need a short and persuasive argument in favor of my request now. I'll start off by saying how silly the ethics requirement is, that we all know that in 20 years we'll probably have broken the canons of ethics many times, and that a test of our knowledge of the rules of ethics will not prove anything. Really what I am saying though is that we are a part of a system where we are the hired gun, the living auction, testers want to achieve by testing me. In the present case, there is little that may be accomplished by testing a law student about professional responsibility. Ethics is something that is bred into people and is not something a law student learns in a law book. People change enough during the course of three years of law school, basically emerging in most highest bidder. Ethics is more than how we act within the legal community, it is in essence how we act as moral beings. The Court of Appeals has ignored the reality of the legal cases as little more than searcommunity and without hesitachers for the royal dough. The tion, required all bar apethics exam contributes little plicants to take a test which to making for a better lawyer, examines little about actual and actually does detriment to professional responsibilty from the system known as moral a societal perspective, but ethics. The test should be done rather tests the person on how away with, hopefully before they interact with the client. too many people bother to I'd rather not be a part of take this inherently flawed exthis mockery of the legal am. system. If I'm going to take a with the talent going to the test, I want to know what the Che Berkowitz �DVF Wants Student Input Clubs May Request by Jill Paperno and Anna Marie Richmond allocated to the Forum for the Brad Bennett, Rod DeWitt, Joe 1981-82 academic year was Mcßride, Jill Paperno, Anna $1350. Since many major Marie Richmond and Bill The Distinguished Visitors speakers request more than Forum (DVF) is an SBA- $2000 for an engagement, DVF sponsored organization charg- plans to lobby other welled with bringing speakers to funded groups, such as the Stuthe law school who have some dent Association Speakers measure of expertise and Bureau and the SBA itself, for recognition in a given area of aid in financing the major law or public policy. speaker once that person is While DVF has already con- selected. tributed funds this year to the Last year, DVF followed a International Human Rights policy of sponsoring speeches Law and Policy Forum and the by a greater number of lesserKlanwatch speaker of the "Teach-in on the New Right," known and less costly men and This year the group is the Forum is currently working women. sacrificing diversity for drawon bringing a major speaker ing power in an effort to idenhere next semester. DVF with a successful maThe members have iden- tify jor event. Hopefully this will tified ten potential speakers, including Melvin Belli, William increase attendance for the less well-known speakers, as F. Buckley, Daniel Ellsberg, well as demonstrate that Abe Fortas and James Watt, as funding is needed if the greater the major attraction this sprForum is to continue to bring ing. worthwhile speakers to the law DVF, just as many other school. SBA-funded groups, is operating on a reduced The members of the Forum budget. The total sum are Carol Cuck, Chairwoman, Campus Lawyers study grants, and are supervised by third-year student and Chief Prosecutor Debbie Loßello. Complaints against any UB student can be filed with the Prosecutor's Office by Housing, Public Safety, or another student. The Office then determines the alleged violation's applicability to University rules and regulations. If, after investigation, the complaint is found to lack evidence or to be otherwise insufficient, the prosecutor will not press charges. Once the sufficiency of the complaint is established, it is . Sharp. Fortuitously, the seven individuals who applied for membership on the committee (all were accepted) represent a broad spectrum of political and social views. They generally agree that DVF's principle objectives are to attract informative speakers who represent the various views and politics of the student body. — Continued from page I the defendant need not enter a Ed over by the Chief Justices defense. The court's decision is from the three student associabased solely upon the tions represented on SWJ, acts evidence presented at the as an appellate tribunal of last hearing, and a defendant can- resort,, except in cases of not be convicted solely on the disputes between governments testimony of a co-defendant. and constitutional and jurisdicJustices are free to ask ques- tional challenges, whereit acts tions of anyone at any time. If as a court of first impression. ing statements. The defendant is innocent until proven guilty and proof must be beyond reasonable doubt. The burden of proof is on the prosecution; — by Gary Games /..-(?.. Debbie Loßello, Head Pres.; Dave Kimpel, SWI Coordinator Group Lep,al Services; Karen Korkuc, Chief justice; lohn Hart, Prosecutor; Mary Ellen Berber, Defense Counsel. defendant has been criminally charged, he has the right to remain silent on any point which might tend to incriminate him. Trial panels of the SWJ are composed of three jusjtices and act as the court of first impression. Sanctions which the court can impose upon finding the defendant guilty include a warning, request for restitution, loss of privileges (consistent with the offense committed), disciplinary probation (with or without loss of privileges), request for participation in a rehabilitative program, recommended suspension or expulsion from the by Frank Bolz Despite substantial budget cuts in the 1981-1982 SBA budget, funds are still available for those organizations in need of additional funding. With the close of the approaching, only five or so organizations have sought additional funding through the SBA. Organizations seeking addipotential Currently, tional funds must first submit a speakers are being considered formal funding request to the as a result of personal Finance Committee. Sarah preferences and at the suggesHunt is the chairman of the tions of friends and professors. Finance Committee. The reFinal selection will be based maining seven members of the on broad criteria, including committee are Anne DiFonza, "topicality" and "drawing John Hart, Nancy Hamburg, power." Sylvia Fordice, Greg Philips, Students who would like to Rob Turkewitz and Scott recommend speakers for DVF Oakley. Each committee to sponsor are asked to speak member receives a copy of the to a DVF member, contact one proposal before the scheduled of the SBA directors or leave a weekly meeting of the commitmessage for Carol Cuck in the tee. The organization requesting funding sends a SBA office. filed with the Chief Justice who then mails a copy to the Defendant along with a sub- peona to appear for arraignment. The Court informs the Defendant by letter that he may contact Group Legal Services (GLS) for counsel, or may be represented by any person of choice at the court proceedings. Law student volunteer defense counselors operate under the auspices of ÜB's GLS and are supervised by thirdyear student Dave Kimpel. If contacted by the indicted student before arraignment, defense counselors provide advice regarding the student's rights, the court's procedures, and how a plea is entered. A plea of guilty entered upon arraignment will usually result in the court's imposing a warning or form of probation. Arraignments and hearings are informal and no strict rules of evidence or procedure are followed. Hearings are conducted somewhat like trials where law student prosecutors and defenders present organized witnesses, arguments, opening and clos- Additional Funding Decisions of all panels from ar- raignment through appeals are by two-thirds majority. Violation of sanctions imposed can lead to contempt charges, in which case the defendant is notified of the filing of charges and asked to show cause for failure to comply with the sanction. SWJ provides a means of safeguarding a defendant's right to due process in a disciplinary proceeding. The procedures of the court assure that the accused receives adequate notice of the charges, and a fair hearing with an opportunity to present his posi- tion with evidence or an exUniversity housing, recomplanation. mended expulsion or dismissal For law students, SWJ offers from the University; and other a good forum for perfecting may be apsuch sanctions as oral advocacy skills and inporved by SWJ. creasing their knowledge of The accused has a right to appeal the court's decision substantive areas of the law. within ten days. Appeal panels,' "Working on SW) has been also composed of three good experience for me," says justices, act as the appelate Debbie Loßello. "I recomtribunal for lower court deci- mend the experience to all law sions. A Supreme Court, presid- students." semester representative to the committee meeting to answer any questions concerning the fun- ding request. Shortly after, a formal vote is held. The treasurer abstains from voting unless her vote is necessary for a quorum. If the proposal is approved, the next step is for the SBA board to vote on the request at the next scheduled meeting of the Board. The Board has the final say on the proposal. If a proposal is voted down in the Finance Committee, the organizatian has the right to appeal the decision to the SBA Board. A'final note is in order to dispel the rumors echoing through O'Brian Hall. The SBA currently has a work-study student working in the SBA office as a typist. None of the mandatory student activity fees are being used to pick up the wages of the typist. The Administration is footing the bill 'Prince of the City' Seen as Flawed by Devin Sidney Lumet's newest film. Prince of the City, when combined with two of his earlier successes, Serpico and Dog Day Afternoon, may be seen as part of a definitive triology about big-city crime. All three are based on real events. All three have a mastery of street vernacular and an acute sense of the social of pressures metropolitan life. Although Lumet has several other distinguished films to his credit [The Pawnbroker, Twelve Angry Men, Network) and a great many clinkers [The Wiz, Equus, lust Tell Me What You Want), I think his reputation will rest on these three films. They are some of the best New York City movies that anyone has ever made. Prince of the City is based on Robert Daley's book about a N.Y.C. police officer, Bob Leuci, who assisted a federal inquiry into police corruption following the disappearance of a large quantity of heroin confiscated in the famous, "French Connection" case. Leuci began by confessing his own misdeeds (three minor acts of graft during an 11 year career). He told federal authorities he would never implicate his buddies (there are certain lines he would not cross in the name of abstract morality) but he agreed to be "wired" to record incriminating conversations with big-time hoods, many of whom he knew had shady dealings with his colleagues on the police force. Leuci soon learned that he could not control the scope of the investigation. His personal code of honor meant nothing to the federal authorities. Lit- tie by little, he was drawn into exposing his closest friends (two of whom committed suicide), until finally there was no one left untouched. Leuci ended up being a hero to some (including director, Lumet), but a treacherous rat in the eyes of many policemen, a deluded fool in the eyes of his wife, and a prime target for gangster retaliation so that he and his family could never be safe again Prince of the City is nearlythree hours in length, funereal in tone, pseudo-documentary in' style, and exhaustive in detail. You guessed right: it's not enjoyable. Perhaps because it does not have Al Pacino at its center, but a rather ordinary actor. Treat Williams (from Hair), Prince of the City never galvanizes one's attention the way Serpico and Dog Day Afternoon did (and still do). There are many fine performances in the smaller roles, notably Jerry Orbach as a tough cop who refuses to be intimidated by the investigation, but Williams is an annoyingly shallow actor who plays every scene in big waves. Prince of the City is a serious film that many filmgoers would find difficult to enjoy under any circumstances, but with a charismatic actor in the leading role (i.e., Robert DiNiro) it could have been so emotionally hypnotic that one would find it tragic but pleasurable to watch. a i found it punishing well-made and important film, but something to be endured, respected rather than liked. Unlike True Confessions, for instance, which covers much the same territory probing the heart of darkness and moral Prince of the City ambiguity does not instill a desire to see it a second time. November 30,1981 — — — Opinion 3 �Spears'Softall Team Emerges Victorious by Steve Getzoff "Stanky D" was defeated by Al Spears' team 7-3 in the Law School Intramural Softball "Stanky D" jump out to an early 3-0 lead. Eventually, though.Spears' boys (and girls) were able to capitalize on several errors to gradually pull away, while pitcher Karen Russ shut the door on the "Stanky D" hitters. League Championship game, culminating a bizarre season in which every team that managed to! show up the last "Stanky D" earned the right weekend was in the playoffs. The game was played at to play for the title by winning perpetually soaked Three Mile the weekday league championIsland Stadium, and saw ship in an extra inning thriller against Rocky's Team 8-7, while Spears' team won convincingly over "Nancy's team," named for the pitching phenom, Nancy Hamburg, in the Saturday division. Thanks and appreciation are due to Rocky D'Aliosio for organizing the league and seeing it through to its conclusion despite the frequently uncooperative weather. — byLfe Berger — by Larry Spielberg — by Larry Spielberg Buffalo Proud of Its Long Maritime Tradition of Buffalo and set about exploring the Lakes. Surely, Francis was an explorer only trying to avoid the predations of a hostile and well organized Iroquois Nation, but he was onto something much more. Yet, after just two years the Criffen was lost one November day and La Salle went on to the Mississippi, leaving the Lakes to fur traders and missionaries. For 100 years ship traffic was limited to Lake Ontario until the 25-ton Surprise was built by Yankees in a French trading post named Beau Fleuve (they mispronounced it Buffalo). Things then began to move very quickly. In 1800 John Jacob Astor arrived from New York City to see if the production and shipment of pelts could be expedited. They could. So well, in fact, that by the War of 1812 American and British navies clashed in the Battle of Lake Erie. Admiral Perry succeeded in protecting Astor's far flung network of trading centers and ships. It was a commercial war and commerce prevailed. By 1817 President Madison achieved an understanding with the Empire and the Lakes were officially brought under admiralty jurisdiction. That same year the first large ship was built the 237-ton Ontario. And fortune smiled. By 1820 copper had been discovered in Michigan's upper peninsula. One year later the 110-foot Walk-in-the-Water was built in Buffalo. It carried 400 passengers and cargo on its route from Buffalo to Detroit and Chicago. In 1825 the Erie Canal opened. This immens* speculative project succeeded in connecting the upper Lakes — 4 Opinion with New York Harbor; and Buffalo was the conduit. Homesteaders and finished goods sailed out and minerals and grains went by canal barge to the sea. The Welland Canal opened in 1829 and brought Lake Ontario into this commercial system. As more farms were established uptake, grain became the dominant cargo and Buffalo became the largest milling center in the world In 1839, the year the first grain cargoes reached Buffalo from Chicago, 90 ships operated out of the Port of Buffalo. The first screw wheel ships entered theLakes in 1843 when larger copper mines were opened along Lake Superior. In 1847, iron was found in Marquette. Within 3 years of this discovery a steel industry was established on the GreatLakes. The huge iron mines of the Mesabi range in Minnesota were opened in 1850. Shipping increased dramatically and traffic became bottle-necked at the St. Mary's River between Lakes Superior and Huron. A singularly tenacious entrepreneur named Charles Harvey (from Buffalo) pushed a canal around the river in 1855. Tonnage passing through Sault Ste. Marie was 14,500; ten years later, 153,000 tons moved through the Soo locks. Ore and grain moved downlake; passengers, coal and finished produces sailed uplake. At this time Buffalo, with 17 railroads connecting her to New York Harbor, and Cleveland, through which Appalacian coal entered the Lakes, were the two most important cities in this system. But within 50 years commer- November 30,1981 cial power would move West to Detroit and Chicago. In 1869 the first great November gale swept the Lakes since major commercial traffic had appeared. Over 100 ships and 1,000 people simply disappeared. These storms have produced winds approaching 100 mph and 30-foot waves and usually last for several days. After this setback industry and commerce grew with a By vengeance. 189-5, 17,000,000 tons moved through the Soo locks. Steel hulled ships had become dominant and the first 400-foot ship, at 12,000 tons, was launched. This is also about the time that Andrew Carnegie and lohn D. Rockefeller began to vie for control of Lakes' shipping. Rockefeller, headquartered in Cleveland, soon prevailed and immediately broke the nascent Merchant Marine Union. After the turn of the century, freighters (bulk carriers) held such massive amounts of cargo that self-unloading ships had to be designed to reduce harbor time. In Buffalo the first automatic grain elevators were built, replacing the backs of Irishmen. Both automatic unloaders and standard bulk carrier hull design were first developed by the Bessemer Iron Works for use on the Lakes On November 23, 1913, the second large storm came. Ten ships of over 500 feet and 250 seamen were lost. But in the next year 106 even larger freighters were built and 85,000,000 tons of cargo was shipped. During WWIT almost a trillion tons of goods moved on the Lakes four times the — — by Larry Spielberg .. — Continued from page I amount to cross the Atlantic. beginning in the late 19605. But as the 1960s came, Great The supposedly "unsafe" ships Lakes commerce began to were then sold to Canadian stagnate — this despite the dummy corporations which opening of Lakes to "salties" were owned by the same inwith the completion of the St. terests that had sold the ships. Lawrence Seaway in 1959. Buffalo was hit especially hard because the Seaway replaced Buffalo as the gateway to the Then, George, et al., per- suaded Congress to pass the Maritime Act of 1970. This designated the Lakes as "coastal waters", instead of an extension of the Atlantic, thereby allowing the owners to be subsidized in the building of new larger ships. And I mean "larger". Meanwhile, there was another problem to be solved the Soo locks would accomodate ships of only 700 feet. George returned to the Congress and impressed upon it the necessity of building new 1,000 foot locks. This was accomplished, at the price of 500 million dollars in 1978. By the way, the largest "salties" that can enter the Lakes are only 730 feet due to the size of the Seaway locks. With everything in place, the owners set about building 1,000 foot behemoths. These new super-lakers, which we subsidized, are now plying the Lakes even further reducing the number of ships under American registry. This, of course, has damaged the Merchant Marine Union and the practice of American admirality law. But beyond those considerations, is the doubtful structural integrity of the freighters. These fears have been expressed to me by members of the Buffalo shipping industry. Their viability has yet to be tested by a November gale. We can only hope that George is a better ship-builder than baseball — — Courtesy of The Spectrum oceans. And although the export of grain has increased, most goes by barge down the Mississippi to the Port of New Orleans. Lakes' tonnage has held at around 200,000,000 annually for the last twenty years. Here George Steinbrenner Operating out of Cleveland, he and the other owners responded to their declining profit margins. The first problem was to get rid of older "inefficienf'ships over the objections of a now very powerful Merchant Marine Union. Using political clout they persuaded the Coast Guard to condemn these ships reappears. manager. �Placement Wishes All Good Luck in Job Search The Director of Placement, above that figure is going to be Alan Carrel, drsclosed in a yet icing on the cake." unpublished report to the Questioned as to the Dean that Placement's efforts reasons for this quotient of have borne substantial fruit success, the Director offered this year. News that over 3% several answers. of the Class of '82 have "Well, first of all, the secured full-time jobs for next number of firms visiting the fall was heralded as food for campus has decreased over unguarded optimism. the last year. This is true for "Wow, gee whiz," bubbled New York City firms (Editor's Audrey Koscelnick, Carrel's Note: which have never sent First Lieutenant, as she sat in representatives to U.8.) and the nerve center of employers closer to Buffalo, Placement's operations on the like Rochester. In fact, over third floor. seven firms pulled out of "It's so exicting to see this theN.Y.C. interview program many nice boys and girls get- (dubbed SUNYAB Law "Job ting jobs. By May, we could be Fair" to connote exclusivity). Asked how such comup to 5%." "We view 3% as a real parative lack of interest and high," said Carrel, who himself participation would occasion accepted part-time employ- increased employment, Carrel ment downtown this year, after responded that such a graduating in 1967 on Law downturn forces students to Review. make independent efforts, "I'm afraid, though, that 3% which "is by far the most sucis a plateau. Any increase cessful method of job hunting anyway." "You see," said Carrel, "U.B. has refused to send around what is known in the business as 'bird-dogs' to drum up business. We're receiving weekly reports that schools like Harvard and Yale are employing touts and women of moral questionable background to solicit the hiring partners of major Wall Street law firms. How else could those schools be so suc- cessful?" In addition to disparaging the competition. Carrel noted activism on the part of the U.B. faculty as another reason for 'hardship' cases." Stating, "No, I did not mean catatonic," Carrel pointed to the example of Shawn Hymie Mendes Lieberman (a partminority student) who went "right from U.B. to work for Justice Potter Stewart on the Supreme Court." Informed that Martindale- Hubbel showed no such clerkship, Carrel demurred by stating that although he was not sure in what capacity Mendes-Lieberman was employed, he was sure that the U.B. grad was working for Justice Stewart. (A telephone call to the Supreme Court ofincreased success. fices of Potter Stewart con"They [the teachers] have firmed that Mendes-Liberman always gone to bat for our was indeed on the Justice's students. Especially on behalf payroll, not as a law clerk, but of the 'little guy', who stands in rather as a vehicular navigadesperate need of such help. In tion engineer, and could not be this regard. Professors Kaplan, reached.) Swartz, and Spanogle have "What we're especially been catalytic in a number of proud of is our record in . Onion LIVE FROM BUFFALO It's Monday morning Boston and DC. despite the tight job markets in those cities, our students are flocking there in great numbers (Editor's Note: like lemmings to the sea). We've had to put a ceiling on recruitment efforts. Saturation in a place like DC. could spell doom for our future grads. This year, we're limiting on-campus interviewing to just one firm, which couldn't conceivably hire anyone from U.B. So, we're cool." When asked what he considered his greatest success. Carrel replied simply, "My own job." With respect to future plans for the expansion, Carrel hoped that U.B. could attract more law schools to interview on campus, so that then students "might avoid the stigma of a U.B. diploma" and hopefully, "find a job." All The Slander Fit To Print "Only the pathetic have no Onion" Volume 3, Number 1 State University of New York at Buffalo School of Flaw Professor Buys Car - Professor Michael ("Mick," "Micky," "the Shaft") Schaeftler, after years of hitchhiking and bumming rides, has finally bought a car. This news came as great relief to those who had been chosen as his de facto chauffeurs over the years. And it came as a big surprise to those who know him, (block) in the decisional process came after Schaeftler sat down to decide what kind of car to buy. "My copowations classes have been listening to me cwiticize CM for six semesters now. I could hardly go out and buy a Twans Am." Knowing too much about the inner workings of corporate America, the effervescent Schaeftler decided to look to the East, where gas economy has always been a consideration. "Honda's an easy name to pronounce. 'Owdsmobile,' 'Chevwolet,' 'Chwysler' are unwieldy. And I hate Wee major Prof now ready for Buffalo nightlife. as one of the most frugal and conservative members of the law school faculty. "Fooled me," said Lee Albert, a frequent lunching partner. "Of course, I had always hoped to sell Mike my Alfa. Well, I didn't want to sell \ it. Oh, you know what I mean." y This decision, evidently the ( result of summer-long deliberation, was prompted by a series of debacles in which Professor Schaeftler found himself on campus late at night without a ride. "I hit a weally bad spell in June. Nobody was here. I had just weturned from Club Mcd, and the pwace was empty. It was awful. One night I had to sweep sitting up in my office lacoco." Choosing a light green Accord, the thirty-four year old associate professor feels now November 30,1981 Professor Shocks Law School erstwhile Human Rights ad- huddled together in the damp vocate, has been keeping four and ill-lit cellar. "They were Philippino slaves in her base- chained to the waste line com- ing down from the upstairs The four were discovered apartment I never saw yesterday by a National Fuel anything so pitiful in all my repairman, Albert Bronkhorst, born days" stated the still who was investigating a visibly shaken Bronkhorst. Virginia Leary could not be neighbor's complaint regarby Ed Stinker ding a smell of gas coming reached for comment. She is reportedly overseeing one of from Ms. Leary's basement. There, the horrified Mr. her agricultural estates in El It was revealed today that UB Professor Virginia Leary, Bronkhorst found the helots Salvador. ment for the past five years. Instructional Blast this idea as supply-side economics "finest hour". He Secretary of State Alexander noted that by choosing an that he has taken command of Haig recently announced that economically depressed area his life and can now look for- NATO has formulated plans to for obliteration, the planned ward to a more fwuitfoo (fruit- set off a "warning" nuclear tax-cut program would result in an increased money flow ful) social wife (life). blast to deter a possible Rus"Dates didn't like riding on sian invasion of Europe. Haig within that sector. Kemp the back of my bicycle. I said that a strategic site would theorized that residents would thought of buying a tandem, be chosen and subsequently spend their money on a last "flbut even that gets tough dur- blasted, "to send Russia the ing" or save it, thus enabling ing the winter." message that we mean banks to underwrite blastrelated commercial enterAsked how he likes his new business." car, Schaeftler said, "Cweat. I In an effort to appease the prises. The former Buffalo Bills get 55 miles a gallon. And I use citizens of any town or village quarterback predicted that wegular gas. I know, I know, chosen for the "warning shot", "such activity will result in inthe Hondas take unweaded. NATO and its member nations creased jobs, a kind of But I bought an adapter for the have formulated an economic mushroom effect which would no lead pump. It works gweat." incentive package for the spread over the entire Alluding to the sparkle his "Nuclear Annihilation Zone." economy." Substantiating Kemp's new wheels have added to his NATO has promised to see that night wife, the Shaft just smil- property taxes are cut in half predictions is the appearance for the designated community of various electronic games ed. for distribution and "Now I can get to the Pan— together with free garbage scheduled sales this Christmas. Now in cake ( —anache?) and the pickup for one year. chaiw." Republian Jack Kemp hailed — Continued on pane 9 A major stumbling bwock Pwayboy Cwub!" by Frank BuHermi — Girth Is Hep by Ed Sinkhole Marjorie Girth, best known for her erudition in such fields as Bankruptcy Law and Debtor-Creditor, is also an avid afficionado of Punk and New Wave music. Found last Saturday at Buffalo's New Wave hotspot, the Continental, the black leather and wrist stud garbed Ms. Girth was leading a crew of skin-heads in an energetic version of the "LA. Slam." Girth's revelry was briefly interrupted when a brawl broke out on the active dance floor. The petite Ms. Girth more than held her own against several later-day Johnny Rotten's. This writer personally saw a leatherclad punk double up and sink to his knees after receiving a well placed boot to the 'nads from Ms. Girth. �vJAimil Vol. 3, No. 1 Exciting Upcoming Events Novem ber 30,1981 Founder Justin White (1950-?) Get ready for "Gun Control and Reaganomics: A Shot in the Arm?" Colloquium sponsored by S.B.A. Guest speakers: Cleveland Amory, Cesar Cedeno, Claudine Longet. Thanksgiving, 3 p.m., Talbert Bullpen. Mismanaging Editor Anonymous Disinformation Editor: Character Assassin: Underexposure Editor: Embezzlement Dept.: compiled by Rodd DeWitt Anonymous Anonymous Anonymous Anonymous Staff: Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous National Lawyers Guild Annual Field Trip to U.S. Court House, Buffalo. Courthouse steps lecture: "Close Your Eyes, Click Your Heels, and It Will Wither Away." Dish-to- plates to be collected and Ethics Reunion Please prepare mailed to Kathy Boudin. (Ad- pages 1-2486 (omit pages dendum: NLG-sponsored lec- 1178-79) of Proust's Rememture entitled "Federal Prisons" brance of Things Past for by Ms. Boudin, originally discussion. Tonight. Arby's, scheduled for 1/27/82, has 1395 Niagara Falls Blvd. been postponed until 2/8/97, 3 "The Reagan Revolution: p.m., Moot Court.) Rebirth of McCarthyism?" Since the death of Edgar Conservative Lawyers Club Bergen, we've heard little from meeting: 12/1/81, 2 p.m., Charlie McCarthy. Professor O'Brian Hall, Sears Library, Howard Mann will speculate Carrel 346 (pending availabili- upon the burgeoning Red ty). Elections. Speakers to be Menace, specifically upon the announced. Casual dress. Soviets and their "puppet" regimes. First Annual Class of 1983 pass required (food optional); © Copyright 1981, Onion, SBA. This lampoon issue of Onion was done in fun. We hope everyone takes this issue in the manner in which it was intended. References to real persons is purely coincidental. WARNING: The Press Secretary General has determined that taking this issue seriously may be hazardous to your health! PAJAMA BOTTOMS J fOFF! $ 5 Ib. bucket of ] J CHICKEN THINGS*! Little pieces of chicken anatomy. Sliced and cut to obscure identification. Tender, moist, and often surprisingly supple. No bones, no wings, no feathers. ■OFFER NOT GOOD FOR YETERNARY STUDENTS SBA Prez Is Germanophile UB Law is fortunate to have in its midst a resident expert in the field of PrussianLaw. Robin Romeo, called by many of her closer friends "The MiniFuhrer," has devoted much of her academic career towards the mastery of the arcane laws and procedural devices of Otto van Bismarck's Prussia. Ms. Romeo, who admits to an admiration for most things German (except sauerkraut, she. avers), can also boast of one of the largest collections of German period costume on the Niagara Frontier. "I'm especially proud of my leather Prussian crossing guard uniform. When I wear it with my fishnet stockings and spiked heels, I just feel tingly all over," says Robin. Win) Ding Thing .<«.* 200 LIVE *>"% irt**** CHICKENS just a year. Buffalo International Airport was jammed In Headgreiner's most re- with recruiters from Wall cent comparison oi United Street firms who had reconStates Law schools, Buffalo sidered on-campus interview nipped Harvard in having the programs. highest quality legal education Some of the factors conin the country. The students, sidered by this highly regarded faculty, and administration study were: were all beaming in the halls of 1. Amount of snow. O'Brian, since this ranking 2. Creativity of academic showed a jump of 16 places in programming. £Skl&s Drawing Sharp For — The Latest Fallout Look In Three-Piece MUTILATED HENS RETURNED TO OUR HUMANE AKRON Lead-lined Suits FARMS FOR 24 HR. EGG PRODUCTION. — What? Mutant — Dec. 1 Stan Chest will lecture on the advantages of the Bra/Bri approach. November 30, 19« I Sara Hunt Debbie Cohen Elisea Hobika Jurors — Should You Exercise A Peremptory §■ M BaY A « Mt M lawyer Tht migtziae For the Attorney Heady For the Atomic Age B Byfl X B V H, ■. ■ Challenge? BUST REVIEW COURSE Onion ■ Radio-active Evidence Tainted Fruit or BRA REVIEW ASSOCIATES PRESENT 2 survival Holocaust Expires 12(31/81 — Germany?" Plus' An Interview With ■ Neville Shoot, Author I ol On the Bench Cooking With radiated Legumes Ir- V V Vj 3. The degree to which the schools resemble fortresses. 4. Research Directors of libraries (keep dazzling them, Karen). 5. Arbitrary manner in which members ot Law Review and Moot Court Board are chosen. 6. Incoherence of first year professors. 7. Availability of chicken wings in the area. Apologia Premier Issue ChantsAlter A Nuclear Limited Oiler 'Last year, no one studying for the New York Bar exam took Bra/Hri. *We offer the only 'PCrated videotape lectures in the Northeast. 'Those signing up before Dec. 15thwill receive a FREE wet "Be a Bra/Bri t-shirt imprinted with the Bra/Bri logo Balloon Smuggler!" 'Special student discount of up to 25% available to deserving female applicants. political dissent, the petite Ms. Romeo, with a strange far-off look in her eyes, stated icily, "You haf relatiffs in Trying Harder Pays Off EACH PATRON GIVEN RAZOR SHARP MACHETE. CHOP OFF AS MANY WINGS AS YOU CAN IN THREE MINUTES. THEN WE FRY THEM IN OUR SPECIAL RED SAUCE. Bra/Bri Representatives: Caitlin McC ormick Karen Stifter Ellen Dickes "/ vant the negatiff! Ms. Romeo is the current president of the Student Bar Association. When asked what she thought of the Nazi method of dealing with by Rick Roberts WOOTIE'S Shea's Buffalo, 1/1/82,8 p.m. (Sold out). K. To the Editor: I want to take exception to recent written comments made by Robert Klump in your newspaper. As the Reagan Administration's budget director and formerly chief spokesperson on economic and political theory for the Reagan administration, I have a certain sense about the way things are running in Washington. In other words, Mr. Klump has made a raving [deleted] of himself. Come on Bob. I made up half of the numbers that you used to defend Reaganomics. There was no need to add~ figures up properly anyhow. Congress likes to see good numbers. It makes their job easier. It's a pity that you found those numbers so interesting, because mostly they are miscalculations. Sorry. With regards to Jack Kemp, David Stockman �Bloody Coup Rocks Moot Court Extremely Random Flames and screams colored the chaotic scene in the basement of O'Brian Hall today, as second year students overthrew the Moot Court Board. Frustrated by obnoxious questions and humiliating criticisms, students gave up trying to get on the board in the traditional manner and resorted to violence. One rebel blurted "Hey, guns talk; arguments walk!" as he filled members of the problem committee with bullet holes. After kicking in the door to the office, another second Roth could not comment on the situation, as they were both tied and gagged. The Dean was also not available for comment. However, Cleo told Onion reporters he sud- student gleamed, "Awright! Now I can put it on my resume!" Lynn Monaco and Andrea Board members moments before tragedy. year Notes ... denly decided to go on sabbatical to "rethink the Buffalo Model," and would transmit a ****Professor Spanogle was reply shortly. rumored to have been offered the job of host on "Let's Make A Secured Transaction," a new game show on ABC-TV. Declining the offer, Spanogle said, "I have more fun playing teacher." coughing was heard in the vicinity of the faculty library on Monday when the topic was discussed. Plans for a faculty seminar entitled, "What to Do When Your Student Lover Graduates" have been made, however, and it is expected to draw a large audience. ****A recent article in the Courier Express (Sunday, Nov. ****Former law student and 15) detailing the dynamics of U.B. Alumnus Ed Stinker will student-teacher romance give his famous "I Shot John raised more than a few Kennedy" talk in the Moot eyebrows id" the law school. Court Auditorium on Although such affairs are November 22, 1981. Next year. evidently the exception rather Stinker plans to lecture on his the the rule at U.8., uneasy Continued on page 4 — Effects of Drugs on Law Students When Taken Singly and in Combination November 30, 1981 Onion 3 �Commie Prof Makes Buffalo His Home (An exile from the University of Minnesota, where he taught for a "while," Assistant Professor Alan Freeman is the latest edition to the law faculty. A pseudo-intellectual, Freeman has come to U.B. highly recommended by the Golden Gophers coaching staff. Interviewed at home, the expert in constitutional law drank glass after glass of Ripple 'Sec' while the Onion conducted its interrogation.) ference?" Freeman: "Marxists believe in Marx, Leninists believe in Lenin." The Onion: "What effect do these radical political views have on your teaching of con- Extremely Random Notes ... — Continued irom page J latest pet topic, "Hinckley and the 'I thought I was balling Jodie Foster' Defense." ****Law student found awake in Agency and Partnership "Weasel Brain" Fred Krapowski. — stitutional law?" Freeman: "That's a good question. Actually, none. I teach American constitutional law. Lenin was Russian." ****PAD will hold an The Onion: "As a Leninist, Underwear Sale in January. however, don't you have a Used 2nd and 3rd year briefs peculiar interpretation of and panties will be sold on the Onion: The "Professor American constitutional sth floor. Second semester Freeman, our first question history?" students are urged to "step innecessarily has to do with your Freeman: "I'm not sure Proi. Freeman relaxes with fellow traveller Betty Mensch. to a pair." ideological views. It is 'peculiar' is the right word, but that's what we learned in a means of precluding judicial rumored that you are a Marx- I know what you mean." "Faculty ****A new game ist." "As a matter of fact, I think civics." review?" was introLive-in Bingo" Freeman: "Not true. I'm a tl c Constitution is a piece ot The Onion: "Do you agree Freeman: What?" duced this Fall to enliven an Leninist." p per, with 17, 351 words, and with the move towards using The Onion: "What do you and boring The Onion: "What's the dif- witten in English. At least constitutional amendments as think of the Hyde Amendment otherwise staid social scene among professors. and its progeny?" So far, there have only been Freeman: "I've never met its two winners. children, but aren't you asking about my views on abortion?" ****Hiring for legal jobs is The Onion: "In a way, no. down this year, according to we would be an informal survey conducted But by members of the Buffalo interested. ." Law Review. "Nobody's Freeman: "I'd have to have hiring," $LA from announced Jon one before I could answer Malamud. "There are no jobs that." for next year." Lamenting that The Onion: "Perhaps, then, he should -have stayed at you could discuss your initial Toledo, the third year editor impressions of U.8." remarked, "At least there I'd Freeman: "You mean my have a shot at the Toledo own thoughts about the clerkship on the Supreme Court." school?" +«>deys quiet 4-«rrci4rial oHerntys The Onion: "In so far as the u«U b« +r«niform«d by fh* ceasdeM same might be understood, ****"The difficulty we have /|\ of ruiK e'me4wi\ +cclinolo<jy i«*» without the Commie rhetoric." with U.B. students" was part * a survey sent to the hiring partFreeman: "O.K. It has nice ners of large local firms, in an THFSE COURAGEOUS COSMIC COUNSELORS offices. The library is big. And effort to determine the causes Al Katz is a pretty funky guy." for low hiring ratios. Audrey WILL ENCOUNTER OBSTACLES MADE MUCH The Onion: "Any minuses?" Koscelniak released several Freeman: "You mean bad "representative" responses in MORE NASTy By THE COLD HEMVTLESSthe hope that the interviewing things?" NESS OF THE GALACTIC process could be made easier. The Onion: "Yes." VOID Freeman: "Bill Greiner. In order of frequency: (1) "Bad Breath" Room 112. And the student (2) "Can't be told apart. The body." men wear three piece suits The Onion: "What's wrong with padded shoulders the with the latter?" women blue suits with ribbon Freeman: "You mean bow ties." students?" (3) Falsify Resumes The Onion: "Yes." (4) State that they love BufFreeman: "I'd rather not falo in the most insincere mangeneralize. But take Justin ner Paying t*-j< process (5) Fart during interviews. White, for example." The Onion: "What's wrong ****Late Flash Janet with him?" "Lucky" Lindgren, U.B.s Freeman: "What's right?" Con-Torts proThe Onion: "Well for one charismatic fessor, has accepted a tenured thing, he's graduating next faculty position at the worhi *Wr hwn �•vis,* jj/> M#y semester." r9 *. ,«••� renowned Esalen Institute of Freeman: "Thank God." Zen, Law, and Oneness, The Onion: "Amen." hMM« »urwl.... located in scenic Monterrey, Hwiiii 4» d«al /*Vy Freeman: "Don't get me California. wrong, though. I'm very happy Ms. Lindgren could not be here." reached tor comment regarThe Onion: "How long do ding this sudden career change. She is said to be out of you plan to stay in Buffalo?" Freeman: At least until next town, investigating retailing abuses in the hot tub industry. week." The Onion: "But you said ****Louis "Eat My Shorts" you liked it here." Swartz, U.B.s dynamic Family Freeman: "Buffalo is like sex. Law professor, has found a Nine months later, you wish lucrative second career as a you hadn't come." star of porno films. Swartz, The Onion: "0.X., that's known to cognoscienti of this enough. Thank you for agree- much maligned art form as ing to be interviewed. We wish Johnny Cucumber, has ap- — / Wi \ ?■"■- LJ \ J r°/7 \*Lw — . SPACk — J , - *• «••••»�•«• // /^ you every success." Freeman: Thank you, Comrade. 4 Onion November 30, 1981 peared in such blockbuster hits as "Study Carrel Carol," "Eskimo Pie," and "Thirty Seconds Over Stockholm." � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-11-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/30/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/808fb36824f8cf30a52734ac6c177d83.pdf 3008bbabcf1e756f99848e351cb53f89 PDF Text Text Zuffranieri and Hains Win Moot Court Competition by Glenn Pincus the appeal before panels of judges drawn from the local The annual Charles S. Des- bar. This year 58 teams (116 mond Moot Court Competition students) competed and more reached its climax Saturday than 200 lawyers, many of afternoon, November 14, when them alumni and alumnae, the team of Benjamin Zuf- took their turns on the bench. franieri and John Hams, Each student team argued the appellees, for three consecutive nights. The top four teams, chosen on the basis of their brief scores and their scores from the preliminary oral rounds, then competed in two semi-final Chief Judge of the New York rounds. The two semi-finalist Court of Appeals, presided teams which did not reach the over a finals court which also finals were Karen Leo and Molincluded Judge Mathew J. ly Roach, and Scott Miller and Jasen of the Court of Appeals; Timqthy Snell. Judge Michael F. Dillion of the This year's case presented a Appellate Division, Fourth child custody battle between a Department; Judge Dolores "natural" father and a "surDenman of the Appellate Divi- rogate mother," i.e., a woman sion, Fourth Department; and who, according to the record Dean Thomas E. Headrick. had contracted to be artificialThe competition, sponsored ly inseminated with the by the Moot Court Board, con- father's semen, to bear the sists of preparing an appellate child, and then to give up the brief in response to a "record" child for adoption by the of decisions of two lower father and his wife in return for courts, and then orally arguing $10,000. representing defeated Anne DiFonzo and Linda Nenni representing the appellants in the final round of oral arguments. Judge Desmond, former After the child's birth, however, the mother changed her mind, secretly left the hospital, and ran off to live with her homosexual lover. Three months later the father found the baby and abducted it. The main legal issues dealt with the validity of the contract and the proper criteria for week's Desmond competition. For the first time the Board will be lacking a central core of veterans with experience in creating the problem and coordinating the hundreds of Board members who took a major role in the successful competition include the pro- blem committee of Elizabeth Friedman, Lou Cigliotti, Alan determining custody. The cometition is the means by which the Moot Court Board chooses its new members. This year about thirty new members will be selected. Up until two years both first and second year ago students were eligible to compete, but after heated debate amid charges of "paternalism" and "immaturity," the faculty on a close vote decided to prohibit the Board from allowing first-year sutdents to compete. As a result, next fall the Moot Court Board will consist entirely of the third-year students who are selected for the Board as a result of last i.-R.: Runners-up Ditonzo and Nenni; Winners Hams and Zufiranieri judges, clerks and competitors. Ferster, Tom Foannou and The final competition round Mark Su/umoto, which drafted was followed by a cocktail.par- the record during the summer; ty for the judges and comCathy Lojewski who coorpetitors, and the annual dinated the Herculean task of awards dinner, this year held at obtaining and scheduling the Romanello's Prime Rib judges; and Lynne Monaco and restaurant. In addition to the Andrea Roth, the Board's winning team, the award for Director and Assistant Direcbest brief went to Scott Miller tor, who oversaw the entire and Timothy Snell, and the operation. Prof. Ken Joyce is best oralist award was won by the Board's faculty advisor Opinion Non-Profil Organization U.S. Postage PAID Buitalo, New York Permit No. 708 Benjamin Zuffranieri. Opinion |ohn Lord O Hrian Hall SUNY/B, North Campus Buffalo, New York 142M) "The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L Mencken Volume 22, Number 5 State University of New York at Buffalo School of Law November 19,1981 Public Employee Unions Vocal on Right to Strike question should not be 'Do public employees have the right to strike?' but whether the by Amy Ruth Tobol and Barbara Kavanaugh Representatives from four public employee unions, including PATCO, participated in a program sponsored by the Buffalo Chapter of the National Lawyers' Guild last Thursday on the Main St. Campus. The four panelists spoke about "Public Employees and the Right to Strike." David Polino, vice president of the Buffalo local of PATCO claimed that the right to strike, to withhold services, is a basic human right. "I would like to submitJhat we already have the right to strike. It is simply against the law to exercise that right. The - government should be able to keep a basic right from a large sector of the population simlpy because of who their employer is?" "What we are seeing in the public sector now," said Polino, "is a repetition of American labor history." Polino also explained that the issue in the PATCO strike was never one of money, as "the newspapers would have you believe." Although a substantial wage increase was included in the 99 proposals PATCO made to the government, most of them had more to do with the conditions which air traffic controllers Robert P. Castle/The David Polino, V.P., Buffalo Local, PATCO Spectrum work under. "We wanted stress intervention, and the government answered that our job was no more stressful than a bus driver's." Only one out of ten air traffic controllers ever makes it to retirement, and, as many ofthe larger airports will not hire anyone over 31, David Polino, at 36, is on the down-hill side of his professional life. Other demands included increased vacation time and sick-leave (these items were instead cut), mandatory simulated training for new hirees (these people currently train "on-the-job"), five days refresher training a year ("In 11 years, I have received 18 hours of refresher training, despite new rules and changes in equipment.", control over equipment and minimum staffing requirements. Ray Nowakowski, executive of Council #35 AFSCME, echoed Polino's statements while speaking about the New York State public employee's right to strike. "New York State denies public employees the right to strike by statute (most other states have a common law prohibition), yet, with the possible exeception of police and firemen, every title in the public sector has a "private counterpart who does have that right." Nowakowski also pointed out that while strikes in the private sector tend to be very short, public employee strikes pressure to settle the dispute. "If the Constitution says that "all men are created are often very long because equal" why are public the government is not usually employees a "separate, lower under the same economic continued on page 4 — Laws Changing For Intoxicated Drivers by Barbara Kavanaugh Traffic deaths are a leading killer of Americans under 35, and are second only to cancer in cost to both individuals and society. Alcohol is a factor in 50% of these deaths, yet the odds against the arrest of a drinking driver range from 200 or 2000 to 1. With these harrowing statistics, Leslie C. Foschio, President of the Law Alumni Association and New York State Commissioner of Motor Vehicles opened the Sixth Annual Alumni Convocation, blem. which kills over 1200 people a year in New York alone. Foschio said that broadbased community programs are needed to close the "gap between growing public awareness and action." In an effort to close this gap, Gov. Hugh Carey approved a bill last July which enables localities to establish programs to coordinate countywide efforts to reduce alcoholrelated traffic injuries. The programs, which are to be funded by the fines paid to persons convicted of alcoholrelated driving offenses, will While Intoxicated — The Law is Changing," held at include rehabilitative treatO'Brian Hall on November 7. ment for offenders, the forThe program, attended by mulation and development of approximately 250 U.B Law traffic options for the intoxalumni, was designed to icated driver and recommeneducate the audience about dations with respect to existing changes in legislation, the pro- law. cedure for arrest, defense and In addition, the new laws improsecution of the drinking pose substantially increased driver, existing community pro- mandatory fines for alcoholgrams and possible state and related driving offenses, which federal solutions to the procontinued on page 4 "Driving — �Point-Counterpoint Continues Opinion Vol. 22, No. 5 November 19,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Barbra Kavanaugh Earl Pfeffer Lee Berger Gary Caines Frank Bolz Business Manager: Contributors: Glen Pincus, Amy Ruth Tobol Staff: Marc Ganz, Steven Getzoff, Marty Miller. Rick Roberts, Robin Romeo, John Stegmayer © Copyright 1981, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law. SUNYAB Amherst Campus. Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Stall ot Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo. NY Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law l-ees Composition & Design University Press at Buffalo Editorial Media Flies High at PATCO's Expense When twelve thousand of the nation's air traffic controllers walked off their jobs in protest last August, most Americans knew very little about PATCO, its work, and the discontent of its members. We relied on the news media for information which would enable us to make reasoned decisions as to whether we would support or not support the actions of the union. The information we received on our televisions and in our newspapers focused on the inconvenience being forced on the American people by an organization of highly-paid professionals greedily seeking more money at a time when we all are experiencing some amount of belt-tightening. Most Americans accepted the media's view of the strike, which echoed our President's belief that walkouts by public employees are illegal and must be prohibited in the interests of "National Security." Ten months earlier, the President had exhibited different sentiments. During his campaign he wrote to Robert Poli, President of PATCO: "I have been thoroughly briefed by members of my staff as to the deporable state of our nation's air traffic control system. They have told me that too few people working unreasonable hours with obsolete equipment has placed the nation's air travelers in unwarranted danger. In an area so clearly related to public safety the Carter Administration hasfailed to act responsibly. "You can rest assured that if I am elected President, I will take whatever steps are necessary to provide our air traffic controllers with the most modern equipment available and to adjust staff levels and work days so that they are commensurate with achieving a maximum degree of public safety." The stress on PATCO workers is illustrated by figures released by the FAA: the average controller lasts only 14 years on the job, and of those who retired in the last four years 90% did so for medical reasons. The responsibility which air traffic controllers bear daily for the safety of tens of thousands of passengers in crowded skies has contributed to hyper-tension rates two-to-three times that of the average American. If the President had known for a year that the issues which formed the basis of the strike were an ever-increasing work load, stress and public safety, why wasn't this information made available to the American public? The news media failed to explain why 12,000 well-paid individuals would give up their jobs, forfeiting a secure future of earning as much as $33,000 a year for the humiliation of unemployment, and the insecurity of welfare. We can only wonder about the reliability of current reports that the present crew of controllers and support personnel is keeping the airways safe. The coverage of the PATCO strike by the American news media has shown their reluctance to present a full range of fact and opinion from which informed decisions can be made. A democratic society requires that people's choices be based on equal access to information. Journalism which limits the flow of that information is irresponsible and un-democractic. 2 Opinion November 19,1981 To the Editor: Commenting on the running debate on legal philosophy between H.L.A. Hart and Lon Fuller that occupied many a law review page, Ernest Nagel observed: "There is, in general, little intellectual nourishment to be found in rebuttals to re- joinders to replies." Keeping Mr. Nagel's admonition in mind, I nevertheless go forth to do battle yet again with my Canzite adversaries. For those who may be having trouble keeping score, I note that this is my rebuttal to the GanzIsrael rejoinder to my reply to Mr. Canz's initial attack on the President. First, I shall discuss tactics. In my previous editorial, I did, as Mr. Israel notes, castigate Mr. Canz for what I perceived to be his fondness (nay, passion) for "leftist sloganeering." Evidently, Mr. Israel decided the best way to defuse my attack was to emulate it. Thus, I stand accused of having "outsloganed" Mr. Canz through my use of the "well-worn conservative catch-word" —"kneejerk." I was not aware that conservatives had a monopoly on use of the term "kneejerk" (in fact, I recall Mr. Reagan often being labeled a "kneejerk reactionary"). Moreover, I doubt that anyone could out-slogan Mr. Canz. In just one column, he managed to hurl the following epithets and slogans at the President: "Actor Ronald Reagan" (three times); "Reagan's Perrier Crowd"; "militarist"; "aristocrat"; and, finally, "Bonzo's- keeper." Mr. Israel attempts to equate my use of "kneejerk" with all of this. Nice try, but it won't wash. And whose knee is jerking anyway? In his peroration, Mr. Israel states: "I stand with Mr. Canz and happily leave Mr. Klump to his fellow tax and budget cut supporters, the wealthy and the oil companies." (emphasis added). Now, we all know that anyone who supports Reaganomics must be allied with the "wealthy" and the "oil companies." Right? I probably have as little love for big oil as Mr. Israel, and my family is certainly not among the "wealthy" who stand to reap the most from the tax cuts. These last two observations are irrelevant to an argument about the merits of the administration's economic policies, but I raise them to demonstrate that, contrary to Mr. Israel's implication, I have no vested interest in the recently passed tax cuts. Let us now proceed to substantive arguments. Mr. Israel claims that I misrepresented the real thrust of the Economic Recovery Act when I failed to note that fully one-third of the tax cuts are going to those earning in excess of $50,000. It is true that in my last column, I noted only that the cuts extend across all income categories. But this observation was made to counter Mr. Canz's suggestion that reductions were slated only for the rich. Nevertheless, Mr. Israel maintains that what I failed to note is more important than what I mentioned. Two can play this game. Naturally, higher income taxpayers stand to reap more in absolute reductions from the Administration's tax cuts, for, as Mr. Israel fails to concede, they are taxed at a much higher rate. For example, a one wage earner family of four with a gross income of $15,000 paid (assuming deductible expenses equalling 23% of gross income) $1,233 in federal income taxes in 1980. Under the then-existing tax schedule, another family with a five times greater income would have paid nearly sixteen times greater in- ($75,000) to Mr. Canz's Turning arguments, I must note initially that in his last column, he dispenses (with the exception of his inspiration "King Ronald" passage) with the Ayatolloahish rhetoric that characterizes his first outburst. I congratulate him. If my critique of his first eassay had anything to do with taming Mr. Ganz, I feel that I have justified my existenece. Mr. Ganz trots out a number of imposing statistics to justify his contention that the President's economic program is idiotic. It is true, as Mr. Ganz states, that the President has called for both tax decreases and increased defense spending. But in order to understand the rationale behind the Pesident's willingness to increase the federal expenditures while decreasing (for the moment) tax revenues, it is necessary to examine the assumptions behind "supplyside" economics. Supply-side theory, which is supposed to provide the basis, for the Ad- ministration's tax policies, is premised on the notion that a in tax rates will, evendecrease Under the administration in higher, not tually, result program, cumulatjye reductax revenues. This would lower tions for the poorer family in 1982 will come to $151 while occur because the additional the reduction fo the wealthier take home pay would be inand spent, thus increaswill total $1,831. At first vested ing production, and producing glance, the reductions do appear to favor the wealthy. But additional taxable income. three important facts must be I make no pretense of kept in mind: (1) the $75,000 understanding the comfamily will still be paying plicated economic arguments roughly 16 times as much in in- for and against supply-side come taxes as the $15,000 economics, and I am skeptical family; (2) in percentage terms, as to whether it will "work," the tax reductions for the two but it must be acknowledged families work out virtually the that the Administration's same; (3) it would be difficult economic policies rest on a to reduce the poorer family's coherent (if untested) theory. taxes by as much (in absolute Aside from tax cuts, the terms) as we are reducing the President's programconsists of richer's since the former paid in federal sizable reductions to with. just $1,233 begin expenditures. Mr. Israel Mr. Israel mentions none of charges that cuts in the this. Nor does he note that the budgets of federal departtop 25% of all wage-earners ments responsible for the encurrently pay 72% of all forcement of civil rights laws federal income taxes (Gilder, will "have enormous impact Wealth & Poverty p. 40). If I in- on both litigation and enforceadvertently misrepresented ment." come taxes ($18,282). [Newsweek, 8/10/81 p. 19). the thrust of the administration's tax cuts, Mr. Israel deliberately does so. In this area, I have little trouble supporting the reductions. In fact, I think they are justified in and of themselves, regardless of their impact on the economy, for many of the programs whose demise Mr. Israel forsees represent big government at its interventionist worst. For example, I would be quite pleased if Congress were to forbid entirely the expenditure of Justice Department funds on that most expensive and idiotic of so-called "civil rights" Mr. Israel also maintains that our poorer friend "will profit even less by the tax cuts, as he will be paying nearly $100 more in social security taxes in 1981." This asertion makes little sense. Accepting a 1982 social security increase as a given [note that it is politicians of Mr. Israel's persuasion who have ensured that social security taxes will rise), it is still true that our hypothetical wage-earner will be better off measures with a reduction in his income tax than he would be without — busing. Robert A. Klump You Can Smell It in the Air. The "Onion" is Coming! �Presidents-Comer Some Notes from the SBA President rently under the "jurisdication" of the SBA. Any organization or group that would like to reserve it can stop by the office and make ar- / I / jX(/ rangements. In addition to study and class there are opportunities here on campus to gain insight by Robin Romeo Due to the success of the last TGIT party, the commencement committee has another one in the works, scheduled for the last week of class. Honored and Recognized guests will be this year's winning Softball team. A calendar has been placed outside of the SBA office in attempts of starting a new practice of publicizing Law School activities and meetings. Officers of the organizations on campus should try to post prospective events. If prospective student support looks strong, the Law School may start a program of bringing in practitioners on a regular basis to speak on the practicalities of legal practice. Those interested should stop by the SBA office. The first floor lounge is cur- into the legal world. The International Human Rights Colloquium and the Seminar on DWI, both held this past month, are good examples. Students should take notice of events such as these and capitalize on the opportunity to gain the unique type of information being offered. Later on this month there's an Erie County Bar Association Seminar on local practical techniques of handling an estate. Watch the SBA notice board on the second floor for more upcoming events. A late afternoon rush hour has been presenting problems for students wishing to ride the Bluebird buses. After calling Bluebird this past week, Rob Turkewitz, first year director, was able to find out several things. Bluebird is currently renewing its contract and plans on sending the SBA a copy. Also they're presently forming a new bus schedule and promised to take our concerns into consideration. 111wL Mm MW ' 401 Seven,h Avenue Sui,e 62 New York New York 10001 212 / 594-3696 New York's Number One Bar Review. *■ Orest Bedrij Dana Cowan Judy Hollender Lori Marian Carol Cramer Rocky D'Aloisio Ann Demopolis Ruth Pollack Cheryl Possenti Eleen Dickes Pat Dooley Mike Doran John Feroleto Paula Feroleto Arthur Scott Garfinkel Julia Garver Leander Hardaway Aldric Reid Joe Ruh Christopher Reed Steve Sheinffeld Mark Suzumoto Mark Reisman Richard Roberts Robin Romeo Karen Russ Tanya Harvey Don 9t Let Your Law School Career Pass in a Blur of Day & Nights in the Library Purchase your law school I.D. for $10 and develop your social skills at events like these: (and at very special prices!) Bullfeather's Lodge 3480 Millersport $2.50 pitchers G.C. $1 mixed drinks $1 off double wings 7 days a week P.J. Bottoms 3270 Main St. $2.50 pitchers Strohs $1 mixed drinks $1 off double wings 7 days a week Pierce Arrow 1680 Elmwood $2.25 all pitchers 75c mixed drinks, 8-11 7 days a week Scotch *N Sirloin 3999 Maple all beers 75' happy hour on all mixed drinks Sun., Mon. (1/1/82), Tues., Wed. Boulevard University 1 Thruway | Eastern Hills 82 days party dinner dance. * \ / „. Cmemast All performances only $2.25 with tickets purchased at Law School. Good anytime — day and night. reduced admission to these events, which last year resulted in marriages, divorces, hangovers, a view of the dean in his tuxedo and set the standards by which all social events are now measured All proceeds from the I.D.'s will be spent on student activities. SPECIAL PRICES GOOD UNTIL MAY! Get your card at the table near the library. November 19,1981 Opinion 3 �Driving While Intoxicated . . . — continued from page 1 are to be in addition to any sentence of imprisonment which a court is currently authorized to impose. The law also provides for a mandatory imprisonment of not less than seven days for any person who is found operating a motor vehicle during a period in which his/her driving license has been suspended because of an alcohol-related driving offense. However, Daniel I. Labowitz, head of the D.W.I. Bureau of the Monroe County District Attorney's Office, said that D.W.I, cases are among the hardest to prosecute. "A jury in a homicide or assault case thinks 'how could they?' but in a D.W.I, case it's 'I'm lucky I didn't get caught that night." Other speakers, such as David Koteras of the Erie County Sheriff's Office Depart- ment, Kevin Dillon of Dillon and Cataldi, and Richard D. Smith, Assistant Director, Governor's Alcohol and Highway Safety Task Force, spoke about the arrest techniques, testing equipment and Shop Act makes a barkeeper liable for injuries caused because he made an "illegal sale" of alcohol to an intoxicated person, or habitual drunkard, although proof of notice is required in the latter case. Case law has established, however, that social hosts, absent their complete control of the motor vehicle involved, are not covered by the Dram Shop Act, and are not liable to the person injured by a drunk rarely willing to treat it as one." Right to Strike , public employees not to use tool. the right to strike as a bargain"It is leading to 'brain drain.' ing tool. Top quality people are leaving "Usually the leaders are as they get older, and younger senior employees, and they people are going to other have more to lose than just go- states or staying in the private ing to jail. They lose seniority, sector. The State obviously pension benefits and jobs that doesn't feel that its own they may not be able to citizens deserve more than humble pie." that." Schmatz agreed with an replace." all, they're not running around." He claimed that the New York law is not successful, but that penalties are so severe that law abiding people don't want to become criminals, so they end up eating "a lot of I couldn't pass the bar •. • If occasional beer after work, or someone who has a glass or two of champagne at a friend's wedding," have nothing to fear from the kind of strong drunk driving laws he is advocating. <:in crimes of passion as well as with drunk driving, there is no premeditated criminal intent, but in both cases the end result is a crime, it's just that when drunk driving is the cause of death, we are too driver, unlike California and — continued from page 1 Connecticut. After lunch, the program closed with Sen. Caliborne In addition, nurses and other without the same rights earlier statement of David Pell's (D-R.1.) address to the class" are told that professionals people private saying sector, as the Polino's that under in in gathered alumni. with whom they often work New York law "we really don't "unionizing" is unprofessional, Sen Pell became interested side by side?" have collective bargaining, we and are encouraged to think of in the D.W.I, problem when themselves as somehow difJames B. Schmatz, represen- have collective begging." two of his aides, Elizabeth tative of the New York "We need illegal strikes to ferent from other workers. Powell and Stephen Wexler, Educator's Association show PERB, the legislature and "We have to recognize that were killed within 18 months agreed, saying that the New the public that the law is not we are workers, and have the of each other by drunk drivers. York law "forces the public working." same interests and problems as The driver in each case was employee into a form of indenAlda Willis, a general duty the non-professional work convicted of manslaughter by tured servitude." nurse at Roswell Park and a force." automobile and given a "I see it as someone saying representative of the statewide Willis pointed out another suspended sentence. that the marriage is working, bargaining unit for profes- consequence of New York's Sen. Pell has proposed when their spouse is locked in sional and technical staff, denial of public employee federal legislation which the basement, because, after pointed out other pressures on right to strike as a bargaining would require that a drunken driver convicted of a first offense would receive a minimum sentence of at least legislation. 10 days of providing communiSheldon Hurwitz, of Hurwitz ty service and a jail term for at and Fine, also talked about the least 10 days would be mancivil law implications of tavern dated for those convicted two or more times within a fivekeeper liability. In New York State, the Dram year period. use of expert witnesses, as well as plea bargaining, defense suggestions and task force proposals to be recommended for Lubowitz that most judges and lawmakers, as well as juries, believe that because a typical drunk driver doesn't fit the image of a "criminal," it's not appropriate to invoke serious penalties. Yet, Sen. Pell pointed out that a 160-pound person must drink five ounces of alcohol in one hour to reach the bloodalcohol level which determines legal intoxication. He said that moderate drinkers, "the average guy who has an Sen. Pell's bill would also resentencing judges to determine if the offender is a problem drinker in need of a referral to an alcohol treatment or rehabilitation center. The "cornerstone" of Sen. Pell's bill is the certainty, not severity, of punishment that will deter the drinking driver. For this reason, his bill manlight dates relatively sentences, but certain ones, which judges will not balk at invoking. He agreed with Mr. quire - UUAB Concerts & Black Student Union present UNLIMITED TOUCH Performers of the big hit "/ Hear Music in the Street" you're not certain what the difference is between an and a ordinary "bar" great one, its time you came to P.J. Bottoms. we are so affectionately known) offers YOU enriching edibles, P.J.s (as splendiferous spirits, frivolous frolics and bewildering atmosphere galore. No wonder more and more U.B. Law students are saying, "P.J.'s is one bar not worth passing (up)." W'M J. BOTTOMS P. FOOD BOOZE BOOGIE - 3370 Main street I ! ZLZL-IL-i. 4 Opinion •»»-J»7O 1 i Many sandwich [ 14*14 r ' i - buffalo n.y. November 19,1981 \double wings ! _IZI~I-J November 20, 8 p.m. Fillmore Room, Squire Hall Tickets: $3.50 students, $4.50 general beer and wine available � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-11-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/19/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/dc494f02c37813e9afbda4935190f47f.pdf 2b5ded0dc560737b701203cc4de2fb96 PDF Text Text U.B. Law Graduate Returns To Join Faculty by Earl Pfeffer Professor Ron Hager, direcSchool's Education Clinic, began his legal education at U.B. in 1975 hoping to learn a skill which he could use to help people. "I suppose you'd say I was very idealistic," he said, "but after a few years of law school I asked myself the nagging question how much change can I do?" This is a question frequently asked by law students. However, after beginning their first year with the goal of contor of the Law — fecting social change. For 18 months he worked as a Vista Volunteer. Placed in Buffalo with BUILD (Build Unity, Independence, Libjerty and Dignity), a black community organization, and with St. Augustine's Center, a private service agency on the~ city's east side, Hager advocated the educational rights of (earning handicapped and suspended students. "The Vista Program was directed toward the prevention of juvenile delinquency, which "we hoped to accomplish through detection and fronting some of society's in- remediation of learning projustices, they often conclude blems when the kids were their three year stay here with young." the belief that the Jegal practi"If you invest services and tioner is a tradesperson for programs in students at a hire. In the end they usually young age, no matter how hire themselves out to the severe the handicapping condihighest bidder. tion, you'll give them greater Yet, Professor Hager, upon ability to function ingraduation in 1979, set out to dependently and productively find out for himself what later on." potential a lawyer has for ef"Take, for example, a person of average intelligence who is unable to perform in school because of a severe reading disability. That kid's frustration will be enormous, and if not addressed, it will lead to discipline problems and possibly later on to delinquency. You can put yourself in their shoes and see how the frustration would cause them to become angry. Even if such students may never be able to read, they are entitled to services which will enable them to learn, such as having tests read to them." However, special education programs cost money and legislators' and Washington bureaucrats may be disinclined to provide funds for the services necessary to assist these children. "You pay now or you pay later," Hager asserts. "It has been estimated that 50 to 80 percent of the kids who come through Family Court because of delinquency or as Persons In Need of Supervision (PINS) are educationally handicapped." "Besides, these children have as much right as anyone Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 -Larry Spielberg Clinical Professor Ron Hager else to participate in and enjoy the benefits of society." Thirteen U.B. law students —Continued on page 3 Opinion John Lord O'Brian Hall SUNYfB, North Campus Buffalo, New York 14260 "The function of a free press is to comfort,, the afflicted and afflict the comfortable. H.L Mencken — Volume 22, Number 4 State University of New York at Buffalo School of Law November 5,1981 Steven B. Sample Announced as U.B. President by Barbra Kavanaugh As television cameras pann- ed the crowded room, opportunitiy we couldn't turn down. We are thrilled and excited to be here." After his brief statement, photographers jostled for posi- reporters from both inside and tion and reporters strained to outside the University com- asked by Council Chairman Koren to sit down_and another reporter was invited to ask her questions. However, several minutes later, Steve Cotrone, also of munity were invited to ask ANC, asked Dr. Sample if he questions. was in favor of the South Although the general tone of African policy of apartheid, to the conference was that of which Dr. Sample answered warm and polite welcome, flatly, "No." concerning such issues as Cotrone then asked what student-administration com- steps, if any. Dr. Sample would munication, problems with take-as University President to state funding and future plans, end University investment in Michael Niman of the Alternative News Collective touched upon a different note when see and hear, the new president of the State University of New York at Buffalo was introduced last Wednesday, October 28, at a press conference in Capen Hall. Dr. Steven B. Sample, 40, now executive vice president for academic affairs and dean of the Graduate College at the University of Nebraska, will assume the presidency of U.B. he on March 1,1982. After Robert I. Millonzi, chairman of the Presidential Seach Advisory Committee, thanked the members of the committee for their efforts during the seven month search and welcomed Dr. Sample to U.B. M. Robert Koren, University Council chairman, introduced him and his wife, questioned Dr. Sample about a gift of South African krugerands made to the University of Nebraska while he was vice president of Academic Affairs. Reading from notes, Niman said that a gift of $1 million worth of krugerands was accepted by the University, pro- mpting State Senator Ernest Kathryn N. (Brunkow) Sample Chambers, a progressive black to members of the press, facul- legislator, to propose a cut in ty and student body in the state funding to the University room. of $1 million. Niman said this "This is a great honor, bill lost in a close vote. Dr. Sample replied that, in responsibility and privilege for both Kathy and I," said Dr. fact, the gift was made, not to Sample. "We love Nebraska the University itself, but to the and the University and didn't University Foundation which want to leave. W« have turned ultimately did divest itself of down other universities, but the krugerands. He futher were so impressed with the stated that he knew nothing of University at Buffalo and the a "close vote" to cut Universitown of Buffalo, so impressed ty funding by the state. When Niman attempted to with the way we were treated here, that we just felt it was an ask further questions, he was and support of instituitons sive university in the SUNY in the Northeast," in South Africa. in response to a reporter's "I don't know enough about question, 'why Buffalo?' whose funds are invested Although he said he was where," he replied, "and am aware of the problems at U.8., not in a position to answer "I'm a lot more aware of the questions." potential." He mentioned the The conference then con- University's "great heritage" of tinued along more non150 years, a faculty which is "very, very good" and saw one controversial lines. Dr. Sample praised the of his goals as maintaining the University at Buffalo as an already high academic quality. Dr. Sahiple did recognize "outstanding university, the largest and most comprehen- that problems do exist in finishing the commitment the state has made to complete the Amherst campus and to refurbish the Main Street campus. "There is always a problem with building a new campus. Moving students and faculty breaks down traditions and the institutional framework," he said, pointing out that "Amherst has been fairly well completed, and, while walking around campus, I saw 'traditions' building up again, in things such as coffee and doughnut areas,' and student meeting places. It takes a long time to move in." As to state funding problems generally, "every public institution has these problems, although the commitment the State of New York has made to faculty salaries and (physical plant) development is very which invest and do business system and strong." New President Steven Sample Murphy, GSA Peter representative to the Search -Continued on page 3 �Presidents Corner SBA Gets House In Order Opinion Vol. 22, No. 4 November 5,1981 Editor-in-Chief didates to share their enthusiasm in other SBA. func- Ralph W. Peters Managing Editor Larry Spielberg k News Editor: Feature Editor: Barbra Kavanaugh Earl Pfeffer Photo Editors: Lee Berger Gary Games Business Manager: everyone was qualified. We appreciate the interest and encourage unsuccessful can- Frank Bolz Contributors: Diane Duffy, Mark Frankel, Cindy Kanterman, Mark DellaPosta, Robin Romeo, Sherman Suss Staff: Marc Ganz, Steven Getzoff, Marty Miller, Rick Roberts, John Stegmayer © Copyright 1981, Opinion, SBA. Any republication pf materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo Editorial Human Rights Should Be Foreign Policy Keystone tions. To encourage everyone to share their ideas we have introduced a new policy of open office hours. There will be a board member in the SBA. office on the first floor across from the elevators every day from 9-5. We have hired an exby Robin Romeo cellent work-study student In a mere five weeks the new who takes care of many of the S.B.A. board has assembled smaller details, freeing board and is functioning smoothly. members to concentrate on This can be attributed to the more important issues. We extensive personal involvehave instituted office hours to ment of this year's board. We ensure that your input will be are glad to have a large proporheard and considered. Please tion of last year's members feel free to approach us with back, as they have helped any comments, positive or tremendously in the transition. negative. To complement activity Most importantly it is encouraging to see this year's within the law school I have atfreshman class so aware and tended Law Alumni Associainterested. I'm sure this will in- tion Luncheons where issues sure for them continued succoncerning this school and the cess in the next few years. students are the focal point. These factors, together with a The Alumni carry on several hardworking second year class, functions to raise money to will guarantee a most produc- maintain and upgrade the tive year. quality of the law school. To A large proportion of our ensure student input in other first month's work was piecing areas, I attended a meeting of together Faculty-Senate com- the Erie County Bar Associamittees. The turnout of cantion Law School Liason Comdidates for these positions was mittee. The Committee, overwhelming. Over 100 together with the Placement students applied for 22 spots. Office has initiated a "One-onThe choices were difficult as One Program" which will allow While most would agree that former President Jimmy Carter's tenure in the White House was an uninspiring one, there was one aspect of his Presidency that demanded acknowledgement as a giant step forward in American foreign policy. That was his unswerving commitment to the protection of human rights, at home and abroad. During his four years in office, there was a marked increase in efforts aimed at the protection of human rights. A number of barbarous regimes were overthrown and replaced with more benign forms of governance. To the Editor of the total tax cuts are going to those now earning $50,000 Hundreds of watchdog organizations were formed to This is a reply to Robert or more (who comprise only monitor the repressive activities of authoritarian regimes. Pressure was brought to bear on these governments in the X lump's letter of last week 6% of all taxpayers) and that form of embassy demonstrations, adverse publicity, defending Reagan's tax and the average worker will budget cuts, in response to an "benefit" from the tax cuts tourism and product boycotts, and perhaps most imporby Marc Canz entitled next year to the tune of 3 or 4 tantly, the linking of U.S. military and economic aid to a article "President Called Reactiondollars a week. Indeed, this regime's record on human rights. With the loss of billions ary." very same worker will profit of dollars in military hardware and economic assistance Mr. Klump has a penchant even less by the tax cuts, as he grants at stake, many South American and African nations for the ironic. He castigates will be paying nearly $100 grudgingly muzzled their repression. Mr. Canz for what he perceives more in social security taxes in to be "not-so-chic leftist 1982. Now who is guilty of seen of this hardThe election of Ronald Reagan has all "half-truths, misinterpretations won progress stopped dead in the water. Reagan's choice sloganeering," and sarcasticalCanz to upgrade and misrepresentations?" ly exhorts Mr. of Ernest LeFevre for Assistant Secretary of State for his epithets to the level of As to the effects of Human Rights was correctly perceived by the interna- "running dog imperialist" and budget cuts on civil rights the entional community as an about-face on Carter's human "capitalist swine." Yet, Mr. forcement, Mr. Klump, by rights policies. Soon after his election to the Presidency, a Klump appears prone to the claiming that the courts and paroxysm of political killings swept through South same malady he believes Mr. prosecutors will be untouched America, as strong-men there saw little to fear in the way Canz to be afflicted with, for by the budget cuts, is not only of economic reprisal. Much of the fragile foundation of in his last sentence Mr. Klump incorrect, but also confuses political liberalism that had taken root during 1976-1980 typifies Mr. Ganz's critique as the litigation of civil rights "kneejerk." Not only does Mr. with the effective implementawas destroyed. Klump out-slogan his prey with tion of court orders and deciThe Reagan Administration has employed a double a well-worn conservative sions in civil rights cases. The standard with regard to human rights violators. It has catch-word, but also, by label- truth of the matter is that the distinguished between totalitarian and authoritarian ling Mr. Ganz's comments as budget cuts will have an enorgovernments. Vocally it condemns human rights viola"radical," Mr. Klump paints mous impact on both litigation tions by our foes while it uses so-called quiet diplomacy in with the all too-familiar broad and enforcement. Reagan has conservative brush 'that proposed a 6% budget cut in response to violations by friendly regimes. equates the liberal with the 1982 for the Justice DepartThe problem with quiet diplomacy in regard to human radical. ment's Civil Rights Division rights violations is that it is qu/et. You can't tell if anything As to the merits of Mr. and U.S. Attorney's Office, as is being done.Perhaps more important, though, will be the Klump's political points, they well as a 12% cut in the Comlong-term effect. Without a strong policy against human are easily countered. In reply munity Relations Service. The rights violations wherever they occur, popular movements to Mr. Canz's statement that budget'cuts also affect other in authoritarian nations will not seek U.S. support. Reagan has cut tax rates for his governmental agencies and offriends, Mr. Klump declares fices with civil rights responMoreover, Reagan's short-sighted human-eights policy is that there are "tens of millions sibilities, including the EEOC, resentment, to and bitleave a legacy of distrust, likely taxes are in fact reHUD's Office of Fair Housing terness amongst aligned and non-aligned nations alike. In whose duced under the Economic and Equal Opportunity, the Ofan era where international economic and political Recovery Act," and that "as fice of Revenue Sharing's Civil cooperation will assume ever-increasing importance, we every school child knows, the Rights Division and the Justice have a president still thinking in terms of a bi-polar, ustax cuts extend aross all in- Department's Office of Civil against-them world. The President should continue the come categories." What Mr. Rights Compliance within the human rights policies of the previous adminsitraiton. Klump omits is that one-third Law Enforcement Assistance second and third year students number of hours in several law offices observing the legal wheels turning. Applications may be obtained in the Placement Office. On October 13,14 and 15, a Phonathon was held to raise money for the Alumni fund. Many students were enlisted to help by the board and the response was better than every. They helped to raise approximately $15,000 and deserve a round of applause. On October 15, the New York State Court of Appeals handed down its decision requiring third year students to take the Ethics portion of the Bar exam. Dean Headrick has been looking among local practioners for someone to instruct third year students next to spend a Spring. On a more social note, the T.G.I.T. party on Thursday, October 22nd, organized by first year director Irene Hirata and third year director Sherwin Suss, was a huge success. We hope to try it again in the future. Now that the dust has settled, the S.B.A. is ready to plan for the rest of the year. Our minutes are posted on the S.B.A. board in the mailroom. Please check it regularly for upcoming events. Again, your input is encouraged and we look forward to a most productive year. Taxation Scheme Questioned Opinion November 5,1981 2 1} I ( ;: I«! ■- I i Administration. Our economic plight does not justify a backwards step in the enforcement of civil rights. I stand with Mr. Ganz and happily leave Mr. Klump to his fellow tax and budget cut supporters, the wealthy and the oil companies. Michael Israel OffUndeLGrads auded To the Editor: Concerning your editorial of 10-22-81: BRAVO! Throw the little bastards out! After having been in the 4th floor carrels and having tolerated two nineteen yearold females behind me snap their gum, and discuss that "he's gonna ask on the test", I feel the library must have a reserve system for the carrels. Leaving an I.D. at Circulation, and receiving a specific carrel seems the most logical system. Availability would still be on a "first come, first serve" basis, and we would be assured that law students (who pay significantly higher tuition) would get priority usage of • their library. Yours in hopes of passing contracts, - A First-year Student P.S. That goes for people who eat apples in the carrels. �Ganz Mounts Counterattack by Marc Ganz Part of my commentary today will be to respond to Mr. Robert Klump's critique of my assorted ravings concerning Reaganomics. Then we will get serious. Mr. Klump's basic idea was that I was full of kneejerk liberalism, using cliches instead of using facts. Well, now I have the facts. According to a recent letter written by Senator Dale Bumpers (D., Arkansas), the following seems clear: 1. AT&T alone stands to reap $14 billion from the tax-cut Graduate Returns are participating in the Education Clinic this semester. They primarily are handling cases in which there are questions on the need for more appropriate services for the children with handicapping conditions. "A couple of cases are impact cases," said Hager "The others revolve around issues affecting a single child." One class action suit is against the City of Buffalo. The law provides that the Committee on the Handicapped will make determinations of need and recommend programs for persons with handicapping conditions. Once a child suspected of having a handicapping condition is referred to the Committee, it has 30 days in which to make a program decision and another 30 days in which to implement it. There have been problems in the past with severe delays, resulting in an extensive backlog of placements. "The class of affected persons is very broad," he explained. "The class is certified for all handicapped or potentially handicapped children residing in the City of Buffalo. In addition, we have intervenor status in the desegregation case for the purpose of influencing how desegregation decisions will affect the needs of handicapped students." The Clinic is trying to work with the Buffalo education system rather than litigate the issue at the present time. "We've worked on a policy in Buffalo which we hope will address the delays in the initial process of making a program decision. Now we're going to investigate some of the placement problems." "Another case on which the clinic is working involves a suit against the State Education Depatment and the Office of Mental Retardation and Developmental Disabilities (OMRDD). The issues involved have broad implications, but right now we have only one plaintiff and, therefore, a class action would be difficult," said Hager. The student in question suffers from a serious disability and is residing at a facility of the OMRDD, getting what is little more than custodial care. "The State Education Department has a responsibili- ... —Continued from page 1 ty and an obligation to insure that federal laws are complied with and that students in New York recieve an appropriate education," Hager exclaimed. He also explained that "Buffalo is such a big system that without an effective advocate, lots of kids will slip through and will get no help of any kind." "This is especially true," Hager continued, "for racial minorities who are often denied a meaningful educational program and are also misclassified and stigmatized by the very educators who are supposed to be helping them. At a very young age these kids may be given a profile which says they'll never be able to read or write. Now how can . bill. On and on we may roam, yet no where will we find equity. Mr. Klump, it doesn't matter that every school child knows that the tax cuts extend across all income categories. What matters is that someone just raped the United States Treasury of funds needed for the defense missiles Reagan et al seem to yearn for. Many prominent economists already project a 1984 deficit of nearly amination reveals that the Reaganites kept their promise of cutting social programs, but forgot to cut the fat out of government. There are still enormous subsidies given for nuclear power production, and Reagan has recently endorsed giving $300 million towards the Three Mile Island nuclear cleanup. Additional funding for the Clinch River Breeder Reactor has been allocated, with Reagan's blessings. There were other proposed cuts that never made itinto the $150 billion. Where will the Reaganites get the money from? Will they borrow funds or will they increase taxes? budget. For example, many A look at the critical facts water projects were supposed reveals what everyone has said to be axed but instead will be bill; all along (except Ronald built because of the Reagan ' 2. The All Savers portion of Reagan and Robert Klump?): committment to resource the bill will cost $14 billion, You can't cut taxes by $500 development over cultural and not the $3 billion the adbillion oyer four years, in- educational achievement. ministration projected. crease defense spending by We may delve on and on in3. The provision allowing $600 billion over four years to the hypocricy known as corporations to sell their losses and' balance the federal Reaganomics. From what we may cost $27 billion, not $3 or budget by 1985. This my know now, one thing is clear: $4 billion, as the administrafriends, is impossible. Reagan has not changed much, tion estimated. Now for the serious part. but only continued to camNext, according to insurance The reaction to Reaganonmics paign for his rich friends at the tycoon Clement Stone, he will has not started yet. Reagan's expense of those without the receive a windfall of $100 1982 budget has just been resources to fight King Ronald. million- per year for the next enacted, and as of yet is not I await your reply Mr. four years under the tax cut fully implemented. An ex- Klump In't Law Society To Host Jessup Each participating law advocacy experience which school will be represented by DESMOND provides is essenSometime in March, the law one team, composed of two to tial to this end. school will be hosting the five students. The selected The new stipulations were regionals of the 1982 Phillip C. team must present written not implemented with the inby Cindy Kanterman Jessup International Moot memorials (international Court Competition. The comlegalese for "brief"), and oral petition, now in its twentyarguments for both sides of the year, is sponsored by the problem. To be eligible for this you make that prediction on third Association of Student Interna- year's team, competitors must kids before you've given them tional Law Societies (of which meet the Law School adthe benefit of a program our I.L.S. is a member), and the ministration's newly imposed designed to meet their needs?" American Society of Interna- prerequisites: they must have The Buffalo community can tional Law. In 1981, teams competed in DESMOND at only be enhanced by the work two hundred law some time (although accepfrom over of Professor Ron Hager and the schools in some 35 countries tance to the Moot Court Board students in the Education participated in this prestigious is not necessary) and they must Clinic. In many ways the event. Competing, in JESSUP be second or third year measure of a society is in the a law student with the students. The alleged justificaprovides care and nurturing it gives to to argue a tion for those prerequisites is unique opportunity its children. Often the state complex timely question the administration's interest in and neglects'children who have the of international law as if having our school represented misfortune of a handicap the International Court by the best team possible. 1t is particularly if they are poor before of Justice, while enjoying felt by the administration, and and/or minorities. It becomes process. the I.L.S. agrees, that the oral the responsibility of people in him/herself in the the community to secure those • • • children's rights, although -Continued from page 7 often at great difficulty. There is room for attorneys Committee, asked Dr. Sample in these battles. Clearly han- to comment on student indicapped children and their volvement in administrative parents need skilled advocates and programming decisionto protect what rights they making. "I think it is implicit in the have and to secure more care and benefits for their futures. position that I would work While their claims have merit closely with elected leaders of and their entitlements deserve established student organizaprotection, there appears to be tions. I think student involvea shortage of attorneys like ment with the planning process Ron Hager who will take the is a good thing." "Mγ style is to maintain time to develop the skills and courtesy A.N.C. knowledge necessary to effec- open communications, in- Kathryn Sample, the woman tively represent them. It seems cluding those with student behind the man (see page 1) that in the legal market place organizations. It will be a high there are all too few attorneys priority that the lines of com- him from U.N., he did mention willing to engage in less munication are easy and open Nebraska's greater emphasis on intercollegiate athletics lucrative work, no matter what at all times." "I taught at Nebraska each programs. other rewards it may offer. "Athletics were a positive We are left asking ourselves fall semester, except the first. a very disturbing question. In a Here, it would appeal to me a force at Nebraska, but adsociety which places price tags great deal, but my primary ministrative people at other universities have had other exon its products, why is there responsibility and commitperiences. I don't think (such more value ascribed to a ment is to the presidency." Although he flatly denied programs) are necessary. I brlawyer who handles a bankruptcy than to one who any plans to bring any other ing an open mind and good exhelps a child? administrators or faculty with periences." — PresidentSample — of discouraging noneligible students from being active in JESSUP. As the hosting institution, there will be endless delegable duties for interested non-competitors. In fact, it is strongly recommended that those first year students who wish to compete in JESSUP next year play an active role in the execution of this year's regionals, for it is only through participation that one can get a real idea of what the competition is all about and what responsibilities it entent tails. This year's problem, an international dispute involving human rights issues, has already been received by the I.L.S. All those who are eligible and interested in competing are urged to pick up a copy in the I.L.S. office or contact Cindy Kanterman, mailbox no. 702. Although the competition does not begin until next semester, the I.L.S. would like to see the team selected by mid-January. Therefore, it is suggested that those interested in competing submit outlines of their argument prior to However, the schedule, selection criteria and selection process are as of yet undecided. These will be made available as soon as they are finalized. It should be noted that the research and writing skills necessary for J-ESSUP are no different than those used for DESMOND. Therefore, experience in international legal research is not required. O'Brian library has an extensive international collection making research outside the school virtually unnecessary. January. November 5,1981 Opinion 3 �Voting Rights Act In Danger of Repeal by Marc Ganz The Voting Rights Act of 1965 is up for renewal in 1982 and faces an uncertain future at the hands of Senator Strom Thurmond (R., South Carolina), chairman of the Senate Judiciary Committee, which has jurisdiction over the act. The Voting Rights Act does several things. Permanent provisions of the act ban the use of literacy tests and poll taxes. In addition, key provisions were included in the act to insure civil rights for minorities in those states with a history of voting discrimination. These plans, and protections for Critics assail this approach as language minority voters. "loving the act to death". AcThese provisions will expire in cording to Common Cause, August of 1982 unless Conwhich is an ardent supporter of gress acts to extend the Voting the Voting Rights Act, "it would be impossible for the Rights Act. The House of Represen- Justice Department to monitor tatives has already overwhelm- voting changes in all 50 states ingly approved a ten year ex- with existing staff. The key tension of the Voting Rights special provisions were designAct, which includes all of the ed specifically for those areas above provisions. The bill was of the country with a proven voter of sponsored by House Judiciary history Committee Chairman Peter discrimination." Rodino(D., N.J.). According to Common The story in the Senate is en- Cause, the provisions are still tirely different though. Senator necessary because discriminaStrom Thurmond has declared tion still occurs. They cite his opposition to the prior ap- Senator Thurmond's district as provisions include prior proval sections of the act and an example of an area that has federal approval of any pro- has stated that the provision gone from a district voting posed changes in election should be either applied to all legislature to an at-large voting laws, such as reapportionment fifty states or to no states. legislature, with the intent of keeping minorities out of government. They also cite a 1978 Mississippi incident where Charles Evers was runn- extension include the AFL-CIO, the National Urban League, the NAACP, the League of Women Voters, the Lawyer's for State Senator from Jackson, Mississippi, and on the day before the election the voting places in predominantly black districts were moved, in violation of state and federal Committee for Civil Rights Under Law, the American Bar Association, the American Association of University Women and the World Council of Churches. The main opponents include southern state and local government officials and key Senators, including Thurmond and Jesse Helms (R., N.C.). A Common Cause official summed up the groups position by saying, "Selma may seem tike a long time ago but the voting rights law remains critical. It was meant to self destruct when compliance is widespread and blacks are secure in their franchise. That work is not yet done." ing laws. Key groups supporting the Commencement To Be At The Statler by holder, redeemable at several $1.50; manhattans, martinis, local bars, restaurants, and gimlets, gibsons, rob roys $1.25 theaters. Like last year, the ID Holders of the ID can purcard provides for reduced ad- chase theater tickets from the Sherwin Suss This year's commencement ceremony will take place in the Golden Ballroom of the Statler Hotel, on Sunday, May 23, at 1:00 p.m. Previous graduations have attracted about 1300-1400 people including faculty and alumni. The 1500 seat capacity of the Statler Ballroom will more than suffice, and the style and atmosphere of the Statler is far superior to Kleinhans. There will be a reception immediately following graduation. Other commencement activities in the planning stages are a 100 days party, a formal dinner dance and a cocktail party on the Saturday night before graduation. There will also be an exclusive senior activity to be named later. This activity will be financed through commencement com- Commencement Committee for $2.25 each. These tickets are good for all performances at: Boulevard, University, Thruway and Eastern Hills Bullfeather's Lounge 3480 Millersport Hwy. Cinemas. $2.50 pitcher Cenny Cream; The price of the ID is $10.00 drink till midnight; $1.00 off and they are available to all double wings. Law Students. If any one has ideas, suggestions, or quesPierce Arrow Restaurant tions, please see Sherwin Suss 1680 Elmwood Aye. $2.25 pitchers all the time; or Jay Flatow. 75-cent mixed drinks 8-11 p.m. P.J. Bottoms 3270 Main St. $2.50 pitcher Strohs; $1.00 by Mark Delia Posta and Rick Roberts drinks till midnight; $1.00 at mittee fund raising projects. doule wings. A symposium on Tax IncenThe principle fund-raising Scotch AJ' Sirloin 1. What jury would give an tives for Economic Revitaliza- accused sailor a fair trial? project will be the selling of ID 3999 Maple Rd. cards similar to those sold last Sun., Mon. (after Jan 1), Tues., tions: New Directions in the 2. What do people with 1980s will be held in O'Brian year. However, this year's Wed 9-2 asthma have? cards have additional value by All beers 75 cepts; wine, Hall on November 13, 1981. 3. What do you call the A number of speakers will good manners of the inmates providing discounts to the highballs $1.00; fancy drinks deliver talks, including Ned in Hartford State Prison? Regan, Henry Nowak, and 4. What do male midgets Robert L. Beebe. have? 5. What did Andy Griffith The symposium will comto his aunt? say at 9;45 mence a.m. and end at 6. Under what legal theory 4:00 p.m. All are invited to atwould an old pay check be adtend. mitted into evidence at a trial? 7. What makes a landlord's job so hard? 8. What is the name of a mission to commencement activities. The participating establishments and their discounts are: Punsters Securities Talks Held US. Law RES IPSA LOQUITUR - The Pieper h[ew York State Multistat* Bar Review offers an integrated approach to the Hew York Bar Exam. We emphasize sophisticated memory techniques, essay writing skills and a concise, organized presentation of the law. You will be prepared and confident. REFER NEW YORK-MULTTSTATE BAR REVIEW It Speaks For Itself. SCHOOL REP; John schaus 1517 Franklin Avenue Mineola, New York, 11501 (516)747-4311 Limited Enrollment. Early Registration Discount to Nov. 30, 1981 4 Opinion November 5,1981 Career Day For AWLS The Association of Women Law Students, with the Women Lawyers of Western New York, will present a panel discussion on "Women Attorneys: Career Product Japanese doll? 9. What do most people think of Katz? 10. Where do the judges do all the talking? 11. What did the athletic landlord say to his lessees? 12. What rock group is number one on the property top 40? 13. Why don't they hayed urinals in ladies' rooms? 14. Where does Alan study? 15. What are Reggie Jackson and Joe Ferguson statistics? Choices," Thursday, November 19 at 5:30 p.m. in the Faculty Lounge, 545 O'Brian Hall. Four women attorneys from different areas of law will speak about their work. Panelists are the Honorable Rose D. Lamendola, Erie CounAnswers: ty Judge; Dianne Bennett, a tax 1. A jury of his piers; 2. Overattorney with Hodgson, Russ, 3. Con Etiquette; 4. breadth; Andrews, Woods & Goodyear; Subpeonas; 5. U-B; 6: The Karen Leeds, an attorney with Payroll Evidence rule; 7. The Borins, Halpern, Setel, Snitzer, right reentry; 8. Bar/Bri; 9. of Levy, Yellen & Fradin PC, and They're fun to cuddle, but a Cheryl S. Fisher of the United pain to clean up after; 10. Mute States Attonery's Office. Court,ll. Tenants, anyone?; 12. A question-and-answer ses- The Four Seizins; 13. Urinals sion will follow the panelists , are only for the Mann Method; presentations and refresh14. Alan's Carrel; 15. What ments will be served. Steve Cetzoff on. 5 �The Trials And Tribulations Of A Transfer Student by the Unknown Student taught us anything, it is how to school didn't know quite cope with the many little in- where to put us. They told us We're the ones from the conveniences that our legal that we'd have to find off camother section or so they think. education system can conjure pus apartments on our own. (But they're mistaken.) We up. Oh, the joys of registering They gave us lockers in the huddle in groups in the back of for the LSDAS for a second basement with the freshmen their second year classes, try- time, collecting transcripts and and told us that we had to ing not to look as out of place letters of recommendation share our mailboxes. And these as we feel. We are the from schools that have already were the nice things they did " transfers. forgotten your name, and for us. "What made you decide to waiting and waiting to hear if Registration was a real come to Buffalo?" everyone you have been accepted. For theat. We quickly learned that asks. Sometimes we ask that each step you take, you must we were closed out of question ourselves. But we multiply it by a factor of ten to everything we wanted to take. know why we came: to renew compute the possibility that What was left were classes olcf friendships, to live closer the system will mess up. that nobody else wanted. But to home, to escape the costs of Early in August, we were in- 'Admissions and Records private education under the formed that we could transfer reassured us by handing us Reagan cuts, and because our to U.B. once they received our force registration slips and telllife wouldn't be complete one hundred dollar check. We ing us that if we could just , without the Buffalo Bills and chicken wings. We had to really want to come here to leave all our good buddies from first year like madmen to had catch a teacher between drop all our classes at the classes we could take what we our bagother school, pack wanted. gage and hustle off to Buffalo -Boy, were we fooled! We in time for our first class. We behind to start all over again. had all been told that only the soon learned that certain Even now we get calls from very best students could teachers are never in their offirst year friends saying, "Why transfer. Well, I don't know if fices and others leave did you leave us? The old dive we were the best but we cer- threatening notices like, ins't the same without you. tainly were the most determin- "Upon fear of death, do not try to late register into my class." Remember Professor Jones? ed. Well, he's gay now ..." When we arrived in late For those of us who were lucky Yet if our experience has August, we found out this enough to get a teacher to sign to run a force registration slip, we left its scars but didn't leave us were then informed that we ex- with any marks. None ofthe seceeded the room's seating cond year transfers as yet have capacity. By now, we were into a Q or Q+ to speak of. It's our second week with no hard to interview for summer classes. Return to CO —do not jobs when you don't have any collect $200. marks from the school you are But we thought once we had attending to show to classes that our troubles would employers. That puts us on the be over. That's when we spot to answer the question of discovered that our student why we transferred and to loans had become forever lost make it sound convincing. at the Main Street Financial We know though with time Aid Office. Since we had only we will get our marks. Maybe been accepted in the middle ol we'll even learn to think August, it's reasonable that our policy —one subject our loans would have to be refiled were dreadfulfor the new school and would former schools ly remiss in teaching. They take a few weeks to be pro- were too busy teching us what cessed. We figured we could in rem jurisdiction quasi sponge off Mom and Dad or subject which will our husbands or wives for a was—one draw many blank stares from however, of us, while. Most many U.B. law students. But still do not have our loan sooner or later, we'll all our money and loved ones' become indoctrinated by the generosity is wearing thin. We Buffalo Model. though that the arrival of our As each day our feelings of loan checks would be like Christmas coming early. Now belonging grows, we realize we realize we'll be lucky if we that we are glad to be here. Heck, what more can they do see the money by Christmas. Yet all this nonsense they to us now than they have done have put us through may have already? Or shouldn't I ask. Speakers Gather at U.B. Human Rights Colloquium A Resounding Success The Colloquium on Human Rights Policy and Law, held this past Friday and Saturday, was a resounding success. Speakers from as far away as Sri Lanka convened at O'Brian Hall to speak on various human rights topics. The key-note address was delivered by Dean Thomas Buergenthal of the American University Law School. Buergenthal, who was formerly Dean of Buffalo Law School, spoke at length on the need for a continuing strong U.S. effort for human rights. He outlined some of the more noted failures and accomplishments of American human rights policy. Following his opening address, Buergenthal responded to questions from the large audience. Much of Friday was given over to various panel discussions and workshops. If there was any common thread linking these separate discussions together, it was the recognition accorded former President Jimmy Carter for his strong stand on human rights. At 1:00 p.m. the speakers and Colloquium aides broke for a very pleasant luncheon at the Marriott Hotel. Some of the topics addressed Friday afternoon were U.S. law and human rights, using international law as domestic law, human rights law as applied to Haitian and Cuban refugees, and the strategy of linking U.S. military and economic aid to a nation's human rights observances. For many, the highpoint of the day came when Patricia Derian delivered Friday's closing speech. Using more than a trace of sarcasm, Ms. Derian proceeded to lambast the Pat Derian, Virginia Leary Steve Schreebaum, David Filvaroff, Michael Posner Reagan Administration's foreigTi policy and its twofaced committment to human rights. The Colloquium continued on Saturday with panels considering various world perspectives on human rights. Canadian, American, European and Third World experiences were all discussed. In addition, Professor Howard Berman of U.B. If you're not certain what the difference is between an Law spoke regarding indigenous peoples and internaordinary "bar" and a great one, its time you came to P.J. tional human rights. Bottoms. The Colloquium proved to be a thought-provoking exP.J.s (as we are so affectionately known) offers YOU perience for all those attending. It served to put the enriching edibles, splendiferous spirits, frivolous frolics Reagan administration on and bewildering atmosphere galore. notice that a sane human not should be rights policy and more U.B. Law students are saying, No wonder ananomolous event in the worth passing (up)." "P.J.'s is one scheme of U.S. political affairs. I couldn't pass the bar • • • more J. BOTTOMS P. FOOD BOOZE BOOGIE - SS7O main street photos by R.W. Peters — Colloquium Hurst Hannum, David Wesibrodt, Amy Young-Anawaty, Halpern Steven I MANY SANDWICH 4 m —.-. — - buffalo n.y. 14*14 8»J »170 MDOUBLE WINGS fc — November 5,1981 ' Opinion 5 - �Millonzi To Receive Jaeckle Award At Conference "Driving While Intoxicated I The Law is Changing" is the title of the U.B. Law School Alumni Association's Sixth An- — nual Convocation to be held this Saturday, November 7 at the school. The program will begin at 9:30 a.m. with a brief welcome by Dean Headrick, followed by the Keynote Speaker Leslie G. Foschio, recently-appointed Commissioner of Motor Vehicles for New York State. The luncheon program will be highlighted by a talk from Senator Claiborne Pell of Rhode Island and the presentation of the Edwin F. Jaeckle Distinguished Alumnus Award to Robert I. Millonzi ('35) of the highest award the Law School to its alumni, has served as a Commissioner of the Securities and Exchange Commission in Washington, DC, as Chairman of the Covernor's Commission on Judicial Selection for the Fourth Department, as a Trustee of the New York State Power Authority and as Chairman of the Council of Trustees for the State University of New York at Buffalo. He is currently Chairman of the Character and Fitness Committee for the Eighth Judicial District. His career in public service has earned him numerous citations, include receive given by Courier-Express Magazine's Diebold and Millonzi, Buffalo. Focus Man of the Year, the Mr. Millonzi, who will Buffalo Evening News' Award for Outstanding Public Service, the SUNY College at Buffalo's President's Distinguished Service Award and the University of Buffalo's Samuel P. Capen Alumni Award. The Buffalo Philharmonic Orchestra Society has recently renamed the building which contains its offices the "MillonziPhilharmonic House" in his honor. Luncheon speaker, Sen. Pell, has served in the Senate for twenty years and holds influential posts on a number of im- people yearly." techniques, Arrest breathalyzer and blood test portant committees. He has procedures, effective methods recently proposed the first of prosecution, defense federal legislation directed as strategies (from client interthe drinking driver after two of view through trial) and plea his close aides, Elizabeth bargaining will be discussed. Powell and Stephen Wexler, The recently enacted Smith Act, which made many were killed in separate ac- BAR/BRI otters the maximum mm**.**.m* scheduling flexibility of any New York I W %JMMmW ™ _ H||ApA Bβ mA _ course. In Midtown Manhattan, only BAR/BRI has consistently ottered two live sessions (morning and evening) during ,he summer course. Afternoon videotape replays are available. In our larger locations outside Manhattan, we offer videotape instead of audiotape. _■■ \mmi Mill 1%^% MM £A I Locations already guaranteed videotape for Summer 1982 include: Albany, Boston/Cambridge area, Buffalo, Hempstead. Ithaca, NYU/Cardozo area. Queens County. Syracuse, Washington Wim%O%J%J mm)%MU PI ■ ■Mβ ■ ■■ 0 ■■■Aμ ■■■in _ ** wVbVIbT ■■ ■U' DC, and Westchester B BlkßbMb Llffllll |H Atffctffcl* lAD /EIDI ifllllff nfln/Knl A IUIHI ■/ KMM ■■■ ■■ m UHI m ■■ ■' [_ _ - - Far more than all other bar! review courses combined. I • m- ■ I PHI IIPnQ U|U uU Uullll " I • " BAR/BRI has had a consistently high pass percentage. At most mapr law schools last year, students taking BAR/BRI passed the New York Bar Exam on the firsf try with a percentage in the 90s and high 80s. • BAR/BRI otters written summaries of all the law tested on the New York Bar Exam-both local law and Multistate law. Students learn the substantive law before going to class. Class time is spent focusing on New York Bar Examination on hypothetical and on the problem! l «uhetantiup arpa« • on mp mna likeiu tn ho toctoH am BAR/BRI has an unparalleled testing program-tor both the Multistate and New York local portions. The testing will include hundreds of Multistate and New York local multiple-choice questions, and local New York essays. Included are questions to be done at home and questions done in class under simulated bar exam conditions. Selected Multistate questions will be computer-graded, and selected essays will be individually graded and critiqued by New York attorneys. ' * • . - BAR/BRI otters a special CPLR taught by Prof. Inring Younger. This program is in addition to the regular CPLR lectures contained in the winter and #Pri^^,en-^^^r R, answers to substantive questions. Students who are unable to askquestions directly of our lecturers may send their Editorial Director, BAR/BRI BarReview A written response will be returned. There is no additional charge for thisprogram. questions in writing to " BAR/BRI professors are more than just experts on substantive law. They have accurately forecast many of the questions appearing on past New York and Multistats bar examinations. The faculty is composed of prominent lecturers on New York law, Multistate law and the New York Bar Examination The 1982 ,acul,y wlll include . , qtaff /RB .„ . !,° atowt tfudents York Bar and another ,k , rnnul<!Pr R B/RRI g*!£ ™J rd ™rbuSl N New Law w YYork ™ °:k Liw "£™ r0 Stanley Johanson, fU o Texas Law ' RAR R, p a ~_ . tom^NPw V Multistate Bat BAR/BRI offers a free transfer policy. ent signs up for New York, does Wlfnota stuQ mark his or her books and elects to 'ake another state bar instead, all monies Wi be ,rans,erred ,0 ,he ***'&« course in that state. " Prof Gary Kelder: Syracuse Law BAR/BRI offers the widest selection Hon Rex Lee Solicit r General of the U.S. Degn Joseph McLaugh in Fordham Law §M course sites and allows students to | freely «wHch locations. Anticipated Prof John Moye, BAR/BRI Staff course locations for 1982 include: Prof. John Nowak, Uof Illinois Law Prof. Alan Resnick, Hofstra Law Prof. Faust Rossi, Cornell Law •*, Ann Art™ Prof. Robert Scott, U. of Virginia Law h > Michael Spak, BAR/BRI Staff Prof. New Haw* Prof William Watkins, Albany Law Buffalo Newark Prof Charles Whitebread, BAR/BRI Staff Philadelphia Chariottesvilie ° °' aZ,Z BriSklyn Prof Irving Younger, Practicing Lawyer Director: Stanley D. Chess, Esq. Associate Director: Steven R. Rubin. Esq. Editorial Director: Prof. Richard T. Farrell New York's Number One Bar Review. Chicago Durham hSSSSj Ithaca kST Queens County Rochester w" DC vSngton Manhattan Westchester County (Mkitown)L/ve location . ©1961 Opinion November 5,1981 6 dramatic changes in the law, will be reviewed, and regulations and enforcement procedures and policies of the Department of Motor Vehicles will also be examined closely. In addition, proposals of Governor Carey's Alcohol and Highway Safety Task Force will be presented. These proposals, which may be recommended for legislation, include the administrative, suspension of licenses before trial in the courts, based on breath test results, and traffic road tests where cars will be stopped systematically and breath tests performed on the drivers. One unique aspect of the Convocation program is that civil consequences will receive a great deal of attention. Consideration will be given to the liability of tavern keepers and other dispensers and suppliers of alcohol, to recent cases which have broadened no-fault coverage and the effect of various dispositions on insurability and insurance rates. The event will be open to the general public at a cost of $20.00 including lunch, but pre-registration is required. Registration forms can be obtained by calling 636-2056. The Dangers Of Environmentalism summer courses. lICOb UdU. p f q h County BAR/BRI provides updates and A class hypotheticals. These handouts save valuable study time and minimize the note taking necessary in a BAR/BRI lecture ■■fW fcJVUIII ■ WWW lIfI II Mill UMJ ■ ■Oil cidents within eighteen months of each other, both "due to the actions of drunken drivers." Chairman Stephen Kellogg has announced that "an impressive array of panelists has been assembled to give attorneys practical information on effective representation of clients in both civil and criminal matters, and to explore possible solutions to a problem which kills 26,000 BAROM in f—i ii by Mark Frankel Those who want to recycle their newspapers can deposit them in the blue garbage bin located between Diefendorf Hall and Diefendorf Annex on the Main Street campus. Be forewarned, however, that risks are involved. On or about Saturday, Oc- tober 24, at 10:30 a.m., two law students were observed approaching said Diefendorf "A" quonset hut when they encountered two roads, each bearing the warning, "DO NOT ENTER." Foresaking their leftist tendencies, they proceeded to the right. Upon stopping at the garbage bin, the entire area was flooded with flashing red, white, and blue lights a clear indication that the police had arrived at the scene. While one of our heroes (fearing the consequences of returning to their student abode with a Chevette full of — newspapers), hastily commenc- ed dumping the* papers, the other kept the campus security officer occupied with various forms of identification and registrations. After answering inane TV cop-type questions ('You know why I pulled you over, don't you?"), our fellow student tried to impress upon the dutiful constable the moral imperative of recycling and other important public policy considerations. ■ Fortunately our brethren were released when they promised never to engage in such unlawful activity again, but they vowed inwardly that they would repeat this exercise in civil disobedience the very next time they were threatened with eviction on account of excess verbiage accumulating on the back porch. . �UUflB Coffeehouse & CPA presents Today is the Day to Experience Comedy Night at the Rat with You Should Produced by Philip Glass, |HIHH Avante-Garde Composer Improv Comedy Ipm TODAY Haas Lounge, Squire Hall Saturday, November 7, 8 pm Squire Hall Rathskeller Tickets: $2.50 students $3.50 general public BEER & WINE AVAILABLE , UUflB Concerts Presents Rock with the Rats starring The Good Rats Ileal m m ML, (ICJOB Coffeehouse Presents An Evening of Folk Music with mm rust -me *i A Friday, November 13, Bpm Fillmore Room, Squire Hall ? A free show brought to you by CICJfIB Concerts. Tickets: $4.00 students $5.00 general public Tickets available at Squire Hall Ticket Office Saturday, November 14, 8 pm Squire Hall Rathskeller Tickets: $2.50 students $3.50 general public REFRESHMENTS AVAILABLE November 5,1981 Opinion 7 �Extra! Yankees Choke, Lose Series In Six Games Guidry was almost flawless through 7. Davis almost put the Dodgers back in the game and the Goose had to finally bail him out, with help from Nettles. by Steve Getzoff It's finally over. The longest, yet shortest baseball season in history came to an end admidst a deathly silent gathering in the Bronx, watching their Yankees bow meekly to the Dodgers in six games. The season saw a strike, several fights between players and spectators, an umpire suing a manager, and finally a brawl between George Steinbrenner, the beloved Yankee despot and two unfriendly Dodger fans in an elevator. George may very well have felt provoked by derogatory comments about his team and city, but his conduct is hardly befitting a man in his position. It's just one more step down the ladder in the decline of our American pasttime. While may not George's conduct have been par- donable, his frustration was vide any worthwhile commentary during the series, consistently overlooking the critical aspects of the games, while continuously making references to prehistoric contests. The man does not know the first thing about the game of baseball, and listening to him and the rest of the ABC Games 2. John and Hooton were superb, and. Milbourne's two out double in the fifth was the difference. Again the Goose shut the door in the late crew (with the possible excepinnings. tion of Jim Palmer) could only Game 3. Everything but the make one long for the wit and hot dogs were flying out of the insight of Messrs. Kubek and park in the early innings, but it Garagiola. If Major League was a couple of incredible baseball has any pity left for its bounces off the trampoline- fans, it will never again allow like clay around the plate that ABC to carry post season provided L.A. with the tying baseball. If not, the players and winning runs. Valenzuela's should consider striking once more. At least this time they endurance was amazing. Game 4. Yanks blew 4-0 and could accomplish something 6-3 leads,, eventually losing for the sport. courtesy of slapstick-like fielding in the outfield. As * * * usual, once the Yanks fell behind they died. The NBA season seems to Game 5. Reuss was well have been delayed eternally, rested after only going 3 inn- perhaps thinking that pushing ings in Game 1. Yanks tried to the playoffs into June will give sit on a 1-0 lead which Guidry fans something to watch in the couldn't hold past the 6th, event of another baseball allowing carbon-copy homers strike. The one newsworthy octo Yeager and Guerrero. Game 6. Reggie choked curence in preseason involved three times with two out and a a trade whereby the Knicks runner on second. Guerrero sent Ray Williams to the Nets had the big hit, and the Yanks for Maurice Lucas who could could not recover. be the power forward they've Admittedly the two best been looking for since the teams in baseball were pro- 'retirement of Dave Deßushere. bably not in the World Series. Williams' starting spot in the Baltimore, St. Louis, and Cin- Knick backcourt will be filled cinnatti deserved to be in the by Mike Mewlin, another exSeries more than anyone else, Net, aided by ex-Brave Randy but the best teams for the Smith. Williams will join Otis Birdsong in the new backcourt, sport were in it. For baseball, 1982 must be a which gives the Nets a powerperfect year, to recover from ful starting five, whomever this discouraging one. For the starts up front. Yankees, Steinbrenner is certain to make numerous * * * certainly justified. He saw his team consistently giving away early leads and then falling behind, showing about as much backbone as a limp noodle. Credit should not be denied the Dodgers however. Throughout the series they the one changes, after going through displayed characteristic that prior the obviously aggravating Yankee teams had been noted ordeal of watching his team's for, but that this team lacked performance in the last four character. They refused to games. quit, played intelligent, headsup baseball and made every * * * break count, while the Yankees George should take comfort, continued their pursuit of the record for men left on base. however, in the fact that he did Here is a brief summary of not have to subject himself to the series: the inane commentary of Game 1. Watson won the Howard Cosell for six games. game in the first inning, while Mr. Cosell was unable to pro- — The major surprise in the young NHL season is the Winnipeg Jets, with more wins thus far than they had in forty games last year. Hawerstrom joins Mike Lukowich and Olympic star Dave Christian to give the Jets their first real firepower in three years. The Sabres are still juggling lines to compensate for a rash of injuries, yet are managing to beat most of the lesser teams Alumni Contributions Make Phonathon A Major Success On October 13, 14 and 15, financial the Law School conducted its School. annual Phonathon campaign for alumni contributions, securing pledges totalling $14,746. — A record number of students thirty-four — participated as volunteer callers, joining twenty-four alumni. Dean Headrick and Associate Dean Alan Carrel for this year's cam- paign. the cant funding for faculty recruitment and for the PlaceThe private contributions ment Office's programs. Some generated by the Phonathon private money is used to rent provide flexible dollars which equipment or hire part-time help to meet many immediate support staff when the need and unexpected needs at the arises and State funds are School and to assist programs unavailable. that do not receive adequate The personal contact which State support. For example, is made possible by the private money is used to fund Phonathon campaign is often some student assistantsihps very meaningful to those alumand most scholarships and ni who may have lost contact awards. It also provides part of with the Law School over the the budget for the Library, the years. The growing success of Trial Technique Program, the Phonathon over the past other clinical programs, Moot five years has provided a base Court, the Buffalo Legislation of alumni support upon which Project and the Buffalo Law an expanded development proReview. In addition, alumni gram for large gifts is currently support for Phonathon '81 was sponsored in cooperation with the U/B Foundation and coordinated by Associate Dean Carrel and second-year student Linda Nenni. The campaign was designed to generate good will among alumni as well as contributions provide signifi- being planned. in the league. They will have to recover quickly if they have any hope of catching the Canadiens, though, who have demolished Vancouver, Buffalo and several others and recently handed the Flyers their first loss, 11-2. The Patrick Division is now led by the Islanders, who have just expressed their gratitude to Mike Bossy by making him the highest paid player in the league for the next five years. Herb Brooks hasn't been fired by the Rangers yet so hold on to your resumes. Recently the Rangers have begun to show flashes of the persistent forechecking that got them into the semifinals last year. In fact, in one game in Toronto they kept the puck alive in.the Leafs' end for over three consecutive minutes at one stretch, a surefire way to win hockey games. Toronto of course is still caught up in its endless struggle to achieve mediocrity, a goal that may be beyond their reach. * * * The Northeast is enjoying its finest year in College Football, with Perm State and Pittsburgh ranked No. 1 and No. 2 respectively in both polls. Attribute this development largely to the fact that Oklahoma, Michigan, Ohio State, Nebraska, USC and Georgia have all been upset recently, while Notre Dame is having its worst season in modern history. Should things stay as they are, lowa would meet Washington State in the Rose Bowl, with lowa State a leading candidate for an Orange Bowl bid. , * * Bay are all one game behind the Giants in their chase for the final playoff spot. Chicago, Washington and New Orleans all managed to make last place seem a little more bearable with upsets over heavily favored AFC opponents last week, while Creen Bay, with its multi-million dollar corps of receivers has looked about as impressive as a pre-law student trying to explain the Rule Against Perpetuities. Miami is still clinging to a half-game lead over Buffalo, only winning once in the last four weeks. The Bills are playing very well at home, but will need a cushion going into the final three weekends which they will spend in Miami, San Diego and New England. The Jets wasted a golden opportunity to climb back into the race, last week actually making Seattle look like a football team. Seattle could put together a streak since they play the Packers this week. It's a shame someone has to win that game. In fifth place (only because that's all the places there are) are the Colts with the worst record in the league. K.C. leads the West, apparently headed for its first winning season since 1971, while the surprising Bengals share the lead in the Central with the stubborn Pittsburgh Steelers. San Diego and Denver are tied with the Bills for the two wild card spots, "with Houston and Cleveland a game behind. As far as the ftaiders are concerned, Oakland is more and more willing to send them off to Los Angeles each week. * * * * With the pro football season Finally, the malpractice suit half over, only the Eagles have fewer than two losses, staying for this week is brought against a game ahead of the Cowboys, Bob Lemon for installing Bobwho have looked unimpressive by Brown in the outfield inin the last five outings. Still, game four in the late innings Landry's genius has managed when Jerry Mumphrey, an exto earn them victories in three cellent fielder, was available. of them. The Giants chalked Brown has enough trouble up their third straight and first covering his own back yard, let OT win since the concept was alone center field. Of course adopted for regular season Lemon may wish to interplead games. Steinbrenner claiming that it The other NFC division was George's decision not to leaders are Minnesota, whose use Mumphrey. Considering success is no surprise to Tomthe degree of authority given my Kramer fans, and San Franto Bob Lemon, one would cisco under the leadership of think Mr. Steinbrenner would Joe Montana in his first full have to bear an exremely season as a starter. The Rams, heavy burden of proof if he Atlanta, Detroit and Tampa chose to deny liability. something to say? Sure you do. if you can't let everyone know by A professionally typeset word of mouth, we at and printed resume can University Press can help. Getting the be a real asset to a job message across is hunter In any field. business. If your PGot OAnd S Tourgroup or organization an Eis sponsoring event and needs a poster for promotion we're the people to talk to. Rthen UNIVERSITY S PRESS 361 Squire Hall 831-2588 RESUMES We're experts) UNIVERSITY PRESS 361 Squire Hall Monday Friday 10 a.m. to 5 p.m. - 831-2588 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-11-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/5/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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For the next 75 minutes, the energy does not dissipate as Professor Freeman rips into the heart of Constitutional Law exposing not only its traditional aspects, but introducing radical approaches and notions as well. The class is Photo by Lee Berger caught up in the sweeping current generated by his Prof. Freeman in his famous red t-shirt. dynamism and many students find this flamboyant approach to legal instruction, a far cry He attributes this to a 'I'm excited about being from the more traditional here," says Professor Freeman. diverse and intellectually wellmethods, a welcome addition "Of all the. law schools, this is rounded faculty, and to what to the well-balanced program the most interesting place to he calls the "New York-type of studies at U.B. Law School. be." student body," the corps of Non-Protil Organization U.S. Postage PAID Buffalo, New York Permit No. 708 challenges the reaches of law. This, according to Professor Freeman, creates the best environment for teaching, scholarly research, and hopefully, for the application of his radical critique approach. Professor Freeman brings a wide range of experiences w th him to U.B. He clerked for a Federal judge in the Southern District of New York, worked in the Pentagon as an AttorneyAdvisor for the Air Force (thereby avoiding the draft), and has taught at the University of Minnesota Law School. These experiences, he explains, have been most radicalizing. Seeing from the inside how American institutions work has enabled Professor Freeman to Opinion critically examine them. His interests include Civil Rights and Anti-Discrimination Law, Land Use and Property Rights. He has written much in these areas, and has a book review and an essay being published in upcoming issues of the Yale Law journal. Currently, he is teaching Constitutional Law I and Property I to Section 2 of the first year class, and a seminar on the History of the Civil Rights Movement. Next semester, Professor Freeman plans a seminar on Law and Marxism. Outside of school, Professor Freeman enjoys the easy living of Western New York. He likes to spend time outdoors gardening, walking or raising a few animals. He loves to cook, often trying varied ethnic dishes such as Italian and East Asian delights. He also enjoys tennis, bowling, and supporting local barkeepers. — Opinion |ohn Lord O'Brian Hall SUNY/K, North Campus Buiialo, New York 14260 'The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken Volume 22, Number 3 State University of New York at Buffalo School of Law October 22, 1981 Administration Announces New Associate Dean by Wendy Anne Cohen A wonderful thing I love dearly was reported through an intermediary. Two students were talking and one student says, "You know, Schlegel's going to be the new Associate Dean." The other says, "Oh, come on, nobody can do that to us." Professor John Schlegel sums up student reaction to his ap- — pointment. "I'm/looking forward job in a reflected to the bizzare way," Professor John Schlegel, who will become Associate Dean of the law school on January 1. Schlegel was appointed Associate Dean late last April, after several weeks of negotiations with Dean Thomas Headrick. "One never searches for an associate dean," Schlegel said, adding, "In an organization this small, it's who can we stick." By using the term "stick," however, Schlegel does not intend to imply a question of drudgery, "but if you held an election, there'd be no candidates." When Schlegel moves into the third floor associate dean's office this January, he'll be taking over a job previously divided among several other faculty members. Dean Headrick explained that when former Associate Dean William Griener moved on last fall, the associate dean's job was shared by Barry Boyer and Virginia Leary. When Boyer became sole director of the Baldy Center for Law and Social Policy, and Leary made plans to go on sabbatical "it made sense to appoint one person to pick up the responsibilities, and replace the split," the Dean noted. As Associate Dean, Schlegel will be involved in curriculum matters through his work with the Academic Policy and Program Committee, and student scholastic affairs through the Committee on Standards and Standing. "All the student petition stuff crawls across your desk," he commented. An important aspect of his new position will be "brokering courses," among the faculty, Schlegel believes. "I'll be the guy who walks across the hall yelling 'I need teachers for Contracts'," he said. "The job used to include dogging the admissions committee," Schlegel stated, but this aspect of the job will be handled in the future by a director of admissions. He expects the law school to hire a director of admissions by the first of the year. (Previously, admissions have been handled by the registrar, but as Schlegel points out, "that's too much paper work for him.") A graduate of the University of Chicago Law School, Q: Is He Not Dean? A: He is John Schlegel Schlegels have two children, me myself." Adding to the demands on Elizabeth, six, and Steven, one. Schlegel's time is his work with They also have one cat, Munthe Faculty Appointments chen, whose name was inCommittee, which he will chair spired by the Munchkins who until April. "It's going to be ut- populate Emerald City. ter chaos for three months," he "I am told that I'm quite tercommented. He concluded rifying in class. This has always that ultimately "my tolerance surprised me. Bring afraid of for the job will turn on how it Schlegel is like being afriad of fits in with my family." the Wizard of Oz." Schlegel Professor and Mrs. Schlegel, senses that there is an "ima professional musician, share plausibility," about his apchild care responsibilities. "I pointment, but concedes work while she takes care of "Whether or not it's implausithe kids, and she works while I ble, my lung power won't help Schlegel began teaching at UB in 1973. He was a member of the Chicago Law Review, a teaching fellow at Stanford, and an attorney with the Legal Aid Society of Chicago. Schlegel's main area of research is American legal realism. "Why did I do it (take the job)knowing that it will cut into my time for scholarship? That I don't know. It puzzles take care of the kids." The you make that choice." Schlegel believes that he and Dean Headrick share a basically similar academic philosophy. Where they differ, he thinks, is in style: "It's a matter of a tendency to dig my heels in harder than he does. He may decide something is not worth fighting for that I would fight for. It's more a difference of personality." Comments Dean Headrick: "We do share some considerable reservations about the efficacy of traditional legal education, but I'm not sure we always agree on what to put in its place." He added, however, "I don't think it's important that we agree on every educational philosophy. I wouldn't want people around me who always agreed with me; that does not make for a healthy administration. In the classroom, Schlegel trys to impart to his students the importance of thinking for themselves. "One teaches the way one is. I don't know why. I don't suffer fools, gladly or otherwise. The half-life of rules is short, the half-life of understanding the system, how it works in act, is relatively longer," he added. Schlegel plans to keep relatively regular office hours when he moves into 318 O'Brian in January. "My suspicion is that it will be fun. I like dealing with students," he con- cluded. As Cleo Jubalis, Dean Headrick's secretary who will be working in close proximity to the new associate dean, commented, "It certainly won't be quiet around here:" �Opinion ■ Vol. 22, No. 3 October 22,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Barbra Kavanaugh Joyce Fund a Lee Berger Gary Games Business Manager: Frank Bolz Contributors: Wendy Cohen, Diane Duffy, Marc Ganz, Earl Pfeffer, Jim Provenzano, Rick Roberts, John Stegmayer, Amy Ruth Tobol. Staff: Steven Cetzoff, Marty Miller Photo Editors: © Copyright 1981, Opinion, SBA Any re publication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Start ot Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by .the Editorial Board Opinion is funded by SBA from Student Law Kees Composition & Design: University Press at Buffalo Editorial Off The Undergrads The Sears law school library has recently become overrun by hordes of undergraduates. These babyfaced Lolita's and Lance's have taken over the best carrels and seating spots on the first and second floors of the library. These callow youths strew their unwanted copies of Alternative Press, The Current, and other low-brow undergraduate publications about the library. They speak constantly, noisily, and senselessly about the library. They crowd valuable table space with tomes on such meaningless subjects as Physical Therapy, Mechanical Engineering, and Sociology. They caper about the study areas, distracting hard working law students. One law student, when asked whether he considered undergraduate usage of the law library disruptive, responded "Do porcupines piss on flat rocks?" Law school is a trying enough experience without having to compete for study space with urchins just barely out of nappies. The situation has gotten so bad that to paraphase Mick Jagger, "It can make a grown law student cry." A number of solutions to this nagging problem come to mind. There is first, and perhaps the most appealing, the self-help solution. This would involve walking up to one of the offending persons, gently grabbing him or her by the scruff of their neck, and quretly but convincingly advising them to depart from the confines of the library. By its absence of any bureaucratic interposition, this approach should be very attractive to Reaganites. Secondly, an ID. check might be instituted. All non-graduate students would be summarily turned away from the Sears Library portal. So as not to deny procedural due process, spurned undergraduates would be granted an informal hearing before a court of second and third-year law students. Members of this tribunal would be required to have taken administrative law. The third solution, and what we call the passive restraint system, would be the posting of cautionary signs at the entrance of the Sears Library. Suggested wording for such a notice might be "Achtung! Untergraduates Verboten." A graphic of a skull and crossbones might be added for effect. This list of corrective measures to the aforementioned problem is not an exhaustive one. The Opinion would like to hear from its readership on this matter. Reagan's Policies Defended tions, Reagan still can't be accused of lying, for as every This is in response to last school child knows, the tax week's "commentary" by Marc cuts extend across all income Ganz entitled "President Call- categories. 2. But Mr. Ganz pressed the ed Reactionary." To paraphrase what William point: "(The President) has cut Buckley once said of Eleanor tax rates for his friends." If this Roosevelt, following Mr. is the case, Mr. Reagan should Ganz's thoughts in search of ir- rejoice, for he has a lot of the tens of millions rationality is like following a friends burning fuse in search of an ex- whose taxes are in fact reducplosion; one need not waitVery ed under the Economic To the Editor: — long. Mr. Ganz's remarks represent a toxic stew of invective half-truths, misinterpretations, and misrepresentations. A point by point refutation of his 'arguments' is probably in Recovery Act. 3. Mr. Canz charges that the President "has destroyed, via chimp has been slandered budget cuts, the infrastructure enough the past year. (Bonzo, I that enforced the civil rights suspect, could have written a laws throughout the nation." I thought the courts and prosecutors (untouched by the budget cuts) were largely responsible for enforcing civil rights laws. Perhaps Mr. Ganz learned something in Constitutional Law I didn't. 4. Concerning Mr. Reagan personally, Mr. Ganz asserts: "his militaristic, aristocratic style may prove to be too powerful for Bonzo's keeper. to the American public insofar [??]" I cannot begin to fathom as he has not "sliced the midwhat this passage is supposed dle class tax rates." Now, Mr. to mean. It should be observGanz cannot have it both ed, however, that it reveals Mr. ways. Either the President proGanz's penchant for not-somised tax reductions for the chic leftist sloganeering. middle class or he did not. If, Come, Mr. Ganz, you can do as Mr. Ganz maintains, Reagan better than that! Whatever promised tax cuts only for the happened to "running dog imrich, he can't be accused of ly- perialist" and "capitalist ing to the middle class. If, on swine?" Moreover, it is really the ohter hand, he did promise unfair of Mr. Ganz to drag poor Bonzo into this. The poor across the board tax reduc- order. However, that would get rather tedious, so I have chosen to address only a choice selection of his assorted ravings. 1. Mr. Ganz recalls "laughing" during last fall's campaign when President Reagan promised to reduce taxes for the wealthy. Just four short sentences later, the President is chided for having lied more incisive critique of public policy than most of those appearing in the Opinion). I could go on and on, but enough has been said to demonstrate the nature of Mr. Ganz's attacks on the President. Reasonable men may, of course, differ on the wisdom of the administration's program. While I support the tax and budget cuts and the administration position on a variety of social issues, I acknowledge that intelligent criticism is always in order in a republic. That is not, however, what Mr. Ganz provides. His response represents the typical radical cliche-ridden, kneejerk response to anyone who dares to differ with the left's version of Utopia. Robert A. Klumpf Human Rights Colloquium Schedule The faculty of Law at the State University ot New York at Buffalo will sponsor a International Human Rights Law and Policy Colloquium on October iO and 31 at John Lord O'Brian Hall on the Amherst Campus. The following is a schedule of sessions: David Filvarotf, University of Texas Faculty ot Law Michael Posner, Executive Director, Lawyers Committee tor International Human Rights, New York Steven Schneebaum, Patton, Boggs & Blow, Washington, DC. ' Friday, October 30 Key-Note Address: "Internaa.m. tional Human Rights: Past and Future Failures and Accomplishments" Thomas Buergenthal, Dean, School of Law, American University; Judge, Inter-American Court of Human Rights 9:30 — Panel: Human Rights and 11:00 a.m. Foreign Policy: Divergent Views David Sidorsky, Philosophy Department, Columbia University Albert Michaeles, History Department, SUNYAB B Ramcharan, Human Rights Division, United Nations, Geneva 2:30 p.m. Workshops: Panel Presentations (1) Limiting U.S. Military and Economic Aid on Human Rights Grounds David Weissbrodt, University of Minnesota Law School Amy Young-Anawaty, Executive Director, International Human Rights Law Croup, 'V* Washington, DC Hurst Hannum, Executive Director, The Procedural Aspects of International Law Institute, Washington, DC (2) The Impact of Human Rights Law on U.S. Domestic Law "A Look at Reagan's Human 4:15 p.m. Rights Policy" Patricia Derian, Washington, DC, formerly Assistant Secretary of State tor Human Rights and Humanitarian Affairs. 5:30 p.m. Wine & Cheese Saturday, October 31 9:30 a.m. Panel: "Perspectives on Human Europe and North America" Rights "The Canadian Perspective" —John Claydon, Queen's University, Kingston, Ontario "The European Convention of Human Rights Marc Bossuyt, University of Antwerp, Belguim "The U.S. and Southern African Human Rights Issues" —Coler Butcher, Howard University, Washington, DC. — " — 11:15 a.m. Panel: Third World Perspectives on Human Rights "A Third World View on Human Rights —Radhika Coomeraswamy, Sri Lanka "Human Rights and Development" —Ronald Meltzer. Political Science Department, SUNYAB "Indigenous Peoples and International Human Rights Law" —Howard Berman, Faculty of Law, SUNYAB " Opinion Election for Feature Editor: 3:45 p.m. Thurs., Rm. 724 Opinion 2 October 22, 1981 �Dean And Others CreditedWith Saving SUSTA by Marc Ganz the exception of SBA President William Altreuter and a few There are various tales that students, notably Sherwin may be told concerning who Suss, there was little concern saved SUSTA from the over the possible loss of the budgeteer's ax in the spring of law school's financial aid pro1981. One story is that gram. When asked to write letstudents rebelled when faced ters or call legislators, students with the loss of their financial turned and went away. In short, they couldn't care less. aid. But this is far from the truth. Dean Headrick felt difIn fact the restoration of the ferently though. The law Law School's financial aid school Dean's basic package resulted from the philosophy was that the law thankless work of Dean school, as a part of the State Thomas Headrick, and from University of New York, had a external factors relating to mission to provide quality undergraduate students. It was legal education to all qualifybasically Headrick's campaign. ing students, regardless of He made the phone calls, financial need. This mission wrote the letters and enlisted would ultimately be destroyed if the SUSTA program was the aid of local legislators. There is a short yet intense eliminated. Dean Headrick history to relate here. In therefore planned a campaign January, 1981, Governor Hugh to save SUSTA. Headrick turned to allies in Carey delivered his executive budget proposal to the New the State Legislature for help, York State Legislature. The and also relied on friends of State University of New York, the law school elsewhere. Acof which this law school is a cording to Dean Headrick, the part, had asked for money for Assembly played the activist the law school SUSTA pro- role in saving SUSTA funding. gram. SUSTA, the State Univer- Headrick enlisted the aid of sity Supplemental Tuition William Hoyt (D-Buffalo), Assistance Program, is ear- Arthur Eve (D—Buffalo) and marked for those eligible for John Sheffer (R.-Williamsmaximum financial aid under ville). Hoyt was most active, as the Tuition Assistance Program he lobbied Assembly Higher (TAP). Over one-third of the Education Chairman Mark law students attending U.B.law Siegel (D. New York City) sucschool receive maximum TAP cessfully. and SUSTA financial aid. Perhaps unknown to Hoyt It would therefore seem con- and Headrick was that there ceivable that a sizeable were those in Albany also inpercentage of the student terested in SUSTA's survival. body would rally behind a Steven Allinger, a key aide to campaign to save SUSTA. Au Siegel, stressed that the SUSTA contraire. The student body program benefitted many didn't seem to care about even minority students in SUNY their own self-interest. With undergraduate schools in argu- — In the State Senate, the Dean asked Walter Floss (R.—Amherst), Dale Volker (R. —Depew) and Majority Counsel Dean Headrk k comes through tißilin ing for SUSTA funding. In addi- tion, the Student Association of the State University (SASU) made SUSTA their number one budget priority for 1981 legislative session. Members of the Black and Puerto Rican Caucus also lobbied for continuation of the SUSTA program, again arguing that the loss of SUSTA would minority hurt ■ many undergraduate students. Assemblyman Arthur Eve, alumni members Rose Sconiers and Hugh Scott and Governor Carey's regional representative Dan Workman all assisted efforts to save SUSTA. In addition, the Black American Law Student Association (BALSA) urged Eve and other legislators to support SUSTA funding. Headrick also asked other alumni members active in the alumni association to write letters or call friendly legislators. Next, the Dean asked U.B. President Robert Ketter to make SUSTA funding a part of his legislative agenda. Ketter wrote legislators in support of SUSTA and was generally helpful to law school's efforts in this area. Sal Martoche for assistance. Yet the action centered in the State Assembly, where Assemblymen Hoyt, Eve and Sheffer combined to successfully push for the law school's financial aid package. Dean Headrick credits a number of factors for SUSTA's inclusion in the state budget. He said that "somebody was getting to legislators." The Dean credits the Black and Puerto Rican Caucus, and Assemblymen Hoyt, Eve and Sheffer for leading the SUSTA fight. He warned though that the fight was not over and that there may even be another attempt to slash SUSTA in the next budget. One important party ignored us. SUNY Chancellor Clifton Wharton chose to tell Dean Headrick, in a late evening telephone plea, to "go it alone." The resources of SUNY, including lobbyists, were too busy arguing for a tuition increase to worry about financial aid for law students. There are lessons to be learned in looking back at the fight to save SUSTA. Law students should thank Dean Headrick and the legislators who helped find funding for the SUSTA program. Mostly though, law students should look out for their own interests a little more. Next year's battle may be fierce, and it may take more than a committed Dean and friendly legislators to win the thankless battle. Commencement To Be At Statler by R.W. Peters It has tentatively been decided the commencement ceremony for the SUNY/AB Law School Class of '82 will be held in the Grand Ballroom of the Statler Building. The Statler, a large building given over primarily to office suites, is located on Delaware Avenue in downtown Buffalo. The Freshman Class Profiled by RW. Peters The University of Buffalo Law School class of '84 numbers 272 persons. This would make it a medium-sized class when compared to previous enrollments. A gender-based breakdown of this total enrollment figure allows for 108 women and 164 men. This would indicate the entering class is 61 % men and 39% women. Minority students total twenty-one in number. This would include Blacks, Hispanics, Asians, and those of Arabic descent. Of these twenty-one, twelve are women. Crand Ballroom reportedly has a capacity of 1500 persons. Kleinhans Music Hall, where the event has been Registrar Charles Wa|lin . Mr. Charles Wallin, Registrar this institution, states 1685 applications for admission were received. The median LSAT score was 636, and the median CPA was 3.4. The vast majority of UB Law students, as might be expected, hail from New York State. 146 persons identify themselves as Western New Yorkers, while 113 fall within the Downstate-Southern TierNorthland pastiche. Only thirat teen enrollees out of state. held in the years seats3sOO souls past, by Dean Thomas Headrick, citing possible problems arising out of religious beliefs of faculty and students. A cocktail party is planned the Saturday night prior to the commencement ceremony. The site of this gala is as of yet unsettled. A formal dance is also planned. All those interested in helping the Commencement Committee should contact Sherwin Kleinhans is unavailable for this year's senior class. The UB Dental School got the jump on the Commencement Committee and secured the use of the hall the appropriate Sunday following the end of finals. Kleinhans was available Sunday morning and Saturday afternoon and evening during "graduation weekend" but the idea of holding commence- Suss, Jay Flatow, or ment at these times was nixed Agnello. Rich Law School /Mcd School HALLOWEEN PARTY Live Music — Dancing All You Can Drink $ 1.00 Admission claim residence Other information as to the composition of the freshman class is currently being compil- Saturday, October 31, 1981 Talbert Hall Bullpen ed This data will be released upon the Opinion's receipt. October 22, 1981 Opinion 3 �The Ins And Outs Of The Tenure Process by Diane Duffy Not all trials occur in the courtroom. In many real life situations, you are called upon to prove your personal worth and ability before an assemblage of your peers. The process of receiving tenure at the law school in many ways resembles a trial with its long waits, burdens of proof, and its uncertainity of outcome. For the 1981-1982 academic semester, there are two professors up for tenure consideration, Fred Konefsky and Phil Halpern. There are also BAR/BRI offers the maximum AAff IffUll* scheduling flexibility of any New York BJ course, in Midtown Manhattan, only hBbI W■ %JmmmM & h■ ' I ■■Bj|BjPß| BAR BRI has consistently offered two live sessions (morning and evening) during the summer course Afternoon videotape replays are available In our larger locations outside Manhattan, we offer videotape instead ot audiotape ■■kf%Bfe I ■ ■ ■ III! MM ■•«■ Iff ■ Bμ Mm " MtftBiAAMA #j U|V ■'mf War 'mt BJ'JB _ B" Tr OVI _ _ —^i—— ■■■■■■■■■I _ . THE —J ' Locations already guaranteed videotape for Summer 1982 include: Albany Boston Cambridge area Buffalo, Hempstead. Ithaca, NYU Cardozo area, Queens County, Syracuse Washington and Wes,cnester County me ■% * mMtmWf m*\f£%\WfW% ifAWlf N6W IUIR Dal CUdill ■■ class hypotheticals. These handouts njlD /nni R~**Jlm Tbßßß|# VC II Ik BAR/BRI offers a special CPLR BBi course taught by Prol. Irving Younger. ■ ■■■ oiiiuyiiiM iiii ■T W 1■ M■ \wM. m IAMI I // ■%■% ■Wβ ■■ ■/ ■*■'■■■■ _— _ _ XMAII nin ■Kill MBBUMJ •■■•■ • ■■ save valuable study time and minimize the n^ingnece^ryinaßAß/BR, I VP This program is in addition to the regular CPLR lectures contained in the winter and summer courses. 1 AC m answers to substantive questions. Students who are unable to ask questions directly of our lecturers maysend their questions in writing to Editorial Director. BAR BRI Bar Review A written response will be returned. There Is no additional chargefor this program, OA WAAIM IffA Nil lOuullldu" «*■ BAR/BRI has had a consistently high pass percentage. At most rnapr law schools last year students taking BAR BRI passed the New York Bar Exam on the , 88 first try with a percentage in the 90s and high 80s o ,,.»,,i«m[ ,,mm«iocn i n«D.n[iu« • BAR/BRI provides updates and law. Students tea n the substantive law before going to class Class time is spent focusing on New York Bar Examination problems, on hypotheticals and on the substantive areas most likely to be tested on the exam BAR/BRI has an unparalleled testing program— for both the Multistate and New York local portions The testing will include hundreds of Multistate and New York local multiple-choice questions. and local New York essays Included are questions to be done at home and questions done in class under simulated bar exam conditions Selected Multistate questions will be computer-graded and selected essays will be individually graded and critiqued by New York attorneys BAR/BRI professors are more than just experts on substantive law. They have accurately forecast many of the questions appearing on past New York BAR/BRI offers a special "Take 2 jhis program aHOWS students t0 admrtted to the New York Bar and another Multistats Bar MM) Bar Exams -T» program, and Multistate bar examinations The faculty is composed ot prominent lecturers on New York law. Multistate law and the New York Bar Examination , , , Pro Richard Convisef BAR BR| s aft Prot Richard Harbus New York Law Prot Stanle Jonanson uO Tex as Law Pro G v Kelder Syracuse Law Hon Rex Lee So|)C|( or Qenera| Q the y S Dean Joseph McLaughlm Fordham Law Prol John Moye. BAR BRI Staff Prof John Nowak Uof Illinois Law Prof Alan Resnick. Hofstra Law Prof Fausl Rossi. Cornell Law Prof Robert Scott, U of Virginia Law Prof Michael Spak. BAR BRI Staff Prof William Watkms. Albany Law Prof Charles Whitebread. BAR BRI Staff Prof Irving Younger. Practicing Lawyer , , BAR/BRI offers a free transfer policy. transferred to the BAR/BRI £ BAR/BRI offers the widest selection of course sites and allows students to Bwitan locations. Anticipated course locations for 1982 include: •"** Manhattan Albany Ann Arbor (Columbia University (NYUCardozo area) Boston , New Haven Brooklyn Newark Buffalo Charlottesville , Philadelphia O^a^ F "g 0 i Syracuse siand Director Stanley D Chess. Esq Associate Director Steven ft Rubin. Esq. Editorial Director. Prot Richard T Farrell "",7 Rochester Su()o k county Hempstead imaca Mannatian (MidtownKve location Washington. DC. Westchester County New York's Number One Bar Review. See one of these representatives: Orest Bedrij Ann Demopolis John Feroleto Leander Hardaway Ruth Pollack loe Run Karen Russ 4 Opinion Dana Cowan Ellen Die kes Paula Feroleto Tanya Harvey Cheryl Possenti Steven Sheinfeld Richard Roberts October 22, 1981 Carol Cramer Pat Dooley Arthur Scott Carfinkel )udy Hollendar Christopher Reed Mark Suzumoto Rocky D'Aloisio Mike Doran Julia Carver Lori Marian Aldric Reid Robin Romeo three professors up for reappointment this year: Barbara Blumenthal, Kathy Carrick and Betty Mensch. Reappointments occur at the end of the second year of teaching when the Committee decides whether or not to allow the professor to continue for another three years or to discharge him/her at the end of the term. Reappointments are a preliminary stage to the tenure process. For the nontenured professor, the trial period runs from three to six years during which a capacity for competent teaching and quality be must scholarship demonstrated. The nontenured professor's performance during this probationary period will be judged by the Law School's Probation Tenure Committee. The Committee is composed of all tenured faculty at the law school and is en- trusted with the difficult task of evaluating a person in terms of his/her potential for substantial contribution to the intellectual environment of the law school. As a professor who is granted tenure will in most cases be associated with the law school for the remainder of his/her life, the tenure decision affects the growth and reputation of the law school twenty or thirty years down the road. The tenure decision is not one taken lightly by the law school faculty. Prior to the decision concerning tenure, a faculty visiting committee composed of three members of the Promotion and Tenure Committee will on several occasions attend the classes of the professor who is up for tenure. The visiting committee will make recommendations to the professor concerning ways to improve and will report their evaluations of the professor's teaching to the Promotion and Tenure Committee. Other faculty members, particularly those who teach in the same area, will also attend classes and prepare written comments. The Promotion and Tenure Committee also solicits student input about teaching ability by the use of SCATE questionnaires answered by students in each course at the end of the semester and from a random sampling of students' letters obtained prior to tenure deliberations. Besides a professor's teaching ability, the faculty also looks at a professor's ability to produce significant scholarly work. A professor up for tenure must provide some evidence of scholastic achievement such as law review articles, books, journal articles, manuscripts, or lecture transcripts. A candidate's dossier must include at least two substantial articles or their equivalents. Published cont'd. on page eight �Cinema Buffs Given Rare Glimpse of Soviet State by Earl Pfeffer Anyone going to see Moscow Doesn't Believe in Tears expecting a statesanctioned docu-dama glorifying the achievements of socialism will be surprised, or even startled by the film's seeming lack of political content. Likewise, anyone refusing to take in this movie because of a belief that any art produced in the Soviet State is tightlycontrolled propaganda devoid of expressions of personal coflict and growth as well as social criticism, will'be denying him/herself of an opportunity to see a love story of exceptional tenderness, humor, and insight, which is universally human. One should go see Moscow for what it is an exploration of personal relationships in a transforming society. But perhaps more importantly, one should go see this it is film for what it isn't lacking the content and form that one would expect in a film produced in what we are told is a totalitarian state. The movie probably won't change anyone's predetermined view of the quality of life in the Soviet Union; after all it is just a story. But it does point out the humanity of a people who our media usually depict as rigid, frightened, supressed, dressed in gray, and usually — — systems of support on which people had formerly relied, it points to the fact that debate in Russia is more open than Americans generally believe. It would be strange indeed if a society which explored the freedom of personal growth and expression in its films from a factory machinist to become its director. But even in the "workers' state," achievement and advancement in the name of socialism leaves something to be desired: our heroine still requires the support, companionship, and intimacy of a lover. state's vice-like command is a true one, and that Russian mass urbanization (yes, even in Russia). But at the same time there appear to be all too few denied that very freedom to This proves to be no easy task. the theater-going public. If the There seems to be no shorprevailing American view that tage of men eager to avail Soviet citizens lead their lives themselves of the sexual in dull conformity to the freedom that accompanies the found pushing in long lines at empty supermarkets. The film did not offer the usual bleak and regimented view of the USSR to which Americans are usually treated. The primarily Russian immigrant audience warmly applauded the film at its completion. They had found its humor uplifting, its appeal to emotion genuine, and its dramas realistic. The film has met international acclaim for its excellenceand it received tribute from the American Academy in being awarded the Oscar for best foreign production. This has generated speculation that debate is in fact everywhere stifled by an omnipresent men who can blend the police force, then this film is strength and tenderness, the an anomalous creature. One playfulness and devotion to viewing alone is likely to work which is demanded by a stimulate discussion and woman who wants a tradicriticism of many aspects of tional man in a non-traditional the movie was intended only Soviet society, and would relationship. When she finally ' for viewing outside Russia and necessarily preclude its being meets him, one "Gosha," she that Soviet film-goers continue shown there at all. tells him she has waited 20 to be treated to the same dull, The story itself requires little years to meet him. gray, socialist-realism in the explication. Initially set in Some reviewers have likentheaters at home. Some myths 1958, the drama is concluded ed Moscow to the American die hard. around 1975. Whereas film An Unmarried Woman. A film made for popular American film characters Perhaps. But Moscow is a consumption must address often develop and grow within much deeper and more fulfillreal social issues, not a matter of days or weeks, the ing movie. Certainly Cosha, fabricated ones that merely premise of Moscow seems to with his captivating blend of create an illusion of an open be that personal adjustments macho-sensitivity is a more society. So when the film exto changed conditions are complex and intriguing plores such issues as elitism necessarily slow, and often character than was Alan Bates' and privilege within Soviet painful. Soho artist. society, delinquency among its One can only hope that a The story centers around the youth, the lonliness afflicting lives of three country women growing exchange of films betnumerous single urban who come to Moscow in the ween the Soviet Union and the dwellers, alcoholism, and the fifties because of the opporUnited States will contribute breakdown of traditional tunities it promises for getting to renewed detente in the near work, acquiring an education, future. Such a notion may and most of all, finding men. seem farfetched. But in viewing films about Soviet people Each woman's different personality, ambition, and luck and seeing the crises, dreams, leads to a very different set of and humanity which they share Act presently doesn't provide circumstances. All are not with us, we Americans will for answers to the acid rain blessed with good fortune, and perhaps grow a little less problem. The EPA recently set the charades of youth create disposed toward gearing the standards for acid rain polluthe dilemmas of maturity. greater part of our national tion from new plants. However The story unfolds itself, resources and productivity the existing plants continue to focusing particularly on the toward our mutual destrucemit substantial quantities of life of Katyrina, who through tion. We have waited 30 years pollutants which combine to hard work and study advances for this film. form acid rain. Congress will be asked to set strict limits for the mid-west power plant's pollutants. Fine Particulates: Congress will be asked by environmentalists to control to a greater extent small particles containing large amounts of toxic chemicals. This will be resisted by industry though. Cost-Benefit Analysis: Currently the Clean Air Act does not take into account costs to comply with the program. President Reagan has indicated that he prefers ammending the act to include a cost-benefit analysis of all regulations, under which the EPA would have to prove that the benefits of clean air to society exceed the cost to industry of compliance. Rep. Henry Waxman, Chair of the House Subcommittee on Health and Environment recently stated that the standards should be based on protecting the public health, and not on extraneous factors. "We can't say the costs are so great that we can't care about health of the old or those who have lung disease and are particularly susceptible to t> adverse reactions from pollution." t> A A A A A AAAAAAAA cont'd. on page eight Clean Air Act Faces Renewal Battle by Marc Ganz emission limits set under the The Clean Air Act, the law which protects the public from polluted air, faces an uncertain future in the face of a renewal battle in both houses of Congress. The Act, first enacted in 1970, expires in September 1982. The Clean Air Act requires the Environmental Protection Agency (EPA) to establish air quality standards for safe levels of seven widespread and carharmful air pollutants bon monoxide, hydrocarbons, — lead, nitrogen oxide, ozone, particulates and sulphur dioxide. In other words, the act has required that industry control pollution from its plants and has also set limits on pollution from cars. The National Commission on Air Quality estimates that the Clean Air Act saves 14,000 lives annually. Also, a recent Harris Poll shows 84% of those polled were in favor of a strong Clean Air Act. Hearings on reauthorization have begun in the Senate Committee on Environmental and Public Works and the House Subcommittee on Health and Environment, and debate may continue through the fall. Large corporations have donated over $1,000,000 to current members of the two committees responsible for Clean Air Act reauthorization. Nearly half of the campaign contributions were contributed by corporations which the EPA says are in violation of act. According to a recent Common Cause study. Clean Air Act violators in the steel industry accounted for 98% of the corporate contributions; in the forest products industry, violators accounted for 91% of the contributions; in the chemical industry, violators accounted for 82% of the contributions. Individually, the National Automotive Dealers Association gave over $100,000 to Congress members and Dow Chemical Company contributed over $30,000 to friends in Congress. Who are these friendly congress members? Representative Clive Benedict (R.—W. Va.) received over $50,000 last year from special interest groups intent on weakening the Clean Air Act. Rep. Phil Gramm (D—Texas) received $49,000; Senator James Ador received $185,000 and Senator Steven Symms is in receipt of $183,000, all from corporations with an interest in gutting the Clear Air Act. These contributions will lend acrimony to the Clean Air Act debate. (R—S. Dakota) In debating the Clean Air Act reauthorization, Congress will ultimately address these areas: —Acid Rain: Formed when sulphur dioxide and nitrogen dioxide mix with rain, sleet or snow, acid rain has left more than 100 lakes in New York State fishless and has damaged forest and crop lands in the northeast and in Canada. The _ >vvvvvvvvvvvvv < > < — — >SB A I party! > < > > > > > > > 3rd Floor Near A & R Thursday October 22 4 p.m. October 22, 1981 « < < < < < < < Opinion 5 �Vegetarian Restaurant Promises Dining Experience by Amy Ruth Tobol — a sense that the restaurant's success will affect all of the After several months of people employed there. Consemunching out on Creek salads, quently, there is a very obvious bean burritos, and mushroom desire on the part of the and cheese pizzas until they servers and other workers to were coming out of my ears, I make the meal an enjoyable was more than ready to gorge one. There is also the feeling myself on the organically- that the restaurant is a very correct fare of Greenfield special place the first Street Restuarant. The vegetarian restaurant in Bufrestaurant, as it is fondly call- falo, as well as a place where ed, had been closed since part of the meal is running into December 1980 due to finan- people you know. cial difficulties, as well as a The restaurant has been turnover of collective significantly renovated, which members. The restaurant is creates a somewhat different collectively owned and run, atmosphere than that of the which, though it sometimes former restaurant. Originally, makes for difficultly reaching the restaurant operated consensus, has been very sucsomewhat like a cafeteria. You cessful as an alternative to the placed your order with the cashier, and waited for your .usual one owner restauarant. What makes the restaurant a name to be called at which welcome change from other time you went up to the more traditionally run counter to receive your food. restaurants is that the workers Certainly that caused some difat the restaurant are involved ficulty, especially when twenty with the entire operation, and Janes fought over their there is more of a sense of spaghetti and tofuballs. commitment to the restaurant Nonetheless, it was a homey — atmosphere. The kitchen also had been open so that one could watch the food preparation and now the kitchen has been blocked off, and waitresses and waiters bring the food to the table. I suppose many people might prefer this more traditional method of eating at a restaurant, but I miss the mad dash to the counter. At least I got some exercise that way. The renovations have succeeded in toning down the restaurant's atmosphere the restaurant is a quieter place, there is not quite the frenetic activity of the former arrangement. Quite honestly, the new structure did not help me digest my macroburger more easily, but there is something to be said for being able to eat without twenty people encircling the table waiting to give — ) YOU BftlAf« YOutSiLF y. TO TW£ a< P — THORSMiY ! ) October a.q*\«fr3:3OPM.! i LAW LIBRARY A/V-itt nJ;r Opinion 6 er A/v -4 SBA October 22, 1981 serves dinner specials, and offers brunch on Saturday and Sunday. One welcome change is the late night hours and snack menu which inlcudes a formidable list of coffees and teas. Law School Wag Offers Trivia Test by Rick Roberts » 1. How many words does the full name of the law school have? 2. Which room has the third largest seating capacity? 3 Which professor has the longest hair? 4. Name the four officers of the Student Bar Association. 5. What is Dean Headrick's secretary's name? 6. Full name, you sexist! 7. What is on the seventh floor of the library? 8. When did O'Brian Hall open? spo«so«£d restaurant — 9. Which two librarians are currently first year students? 10. When was the law school found? 11. Which U.B. law professor represented the plaintiff in Goldberg v. Kelly''. 12. What is Dean Thomas Headrick's middle name? 13. What does "HANALSA" stand for? 14. Who is the editor of the Opinion (without looking!)? 15. What is Dean Greiner? 16. What is the law prohibiting your first born from having indigestion for 21 years? h came with a marinated salad. Both were quite good, though the portions were small, and if you like your quiche hot, you'll have to ask. I never heard of luke-warm/cold quiche as a meal, but then what do I know? I'm the one that likes to smear peanut butter on cucumbers, and put raisins in my scrambled eggs. On weekend nights, the Though the restaurant is not quite what it used to be (a little to be wonderful. And the too laid back for my tastes), it always available minestrone continues to be one of the betsoup is terrific thick with ter restaurants in Buffalo, beans, vegetables and pasta, especially because the food is seasoned with cayenne (There wholesome and nutritious. The were moments when I could've cooks, the waitresses and the cashier their orders. What is perhaps most sworn it was chili.). My dinner waiters, and the dishwashers noticeable about the new companion ordered the quiche take great pride in their restaurant is the disapof the day (tomato) which restaurant. pearance of the community Students. SMft+ Faev/* | 1. oji*WE*U BRIN* TH£ PAINT* | { bulletin board. The board offered the community a space to advertise upcoming events, as well as create the opportunity for local people to share skills, apartments, rides to Alaska, etc. through posted notices. The restaurant could serve its community better if it were to continue the community board. There are few other places in the city which are frequently visited as the restaurant and which could serve as a central location for the sharing of information. on to the food. The So food has not changed drastically, though the menu has been significantly shortened. The macroburgers continue Rick Roberts riot!! 7. Chairs, Photo by Krank Bolz A one-man latt — tables, and the records and briefs of most New York Court of Appeals cases from 1850 to 1962 and Appellate Division cases from 1944 to 1979 (2 points if you knew only NY stuff was kept there) 8. 1973 (1 point) 9. Karen Spencer and Nina Cascio (1 point for each) 10. It was never lost. It was founded, however, in 1887. (1 point if you caught the grammatical boo-boo, 3 points for the answer) 11. Lee A. Albert (1 point) 12. Edward (1 point) 13. Hispanic, Asian, and Native American Law Student Associaiton (2 points, but give yourself one if you only missed Answers 1.12: State University of New "Asian") York at Buffalo Faculty of Law 14. Ralph Peters (1 point, but and Jurisprudence (1 point) minus one if he's your friend) 2. No, none of the carrels. 15. Irish, and a nice guy (1 Room 112 the "Purple Pit," point for any answer) after the Moot Court Room 16. The Rule Against Burpeand 106 (1 point) tuities (5 points) 3. Janet Lindgren (1 point for the correct answer; Vi point if Scoring you guessed Al Katz) 0-3: Tell people you're pre-law. 4 President: Robin Romeo; 4-6: First year: not bad; UpVice President: Joe Mcßride; perclass: no excuse. Treasurer: Hunt; 7-9: Now we're talking proudly. Sara Secretary: Mark Reisman (1 10-12: Impressive! point for each) 13-16: There's more to life than 5. Cleo (1 point) law school, you know. 6. Cleo Jubulis (3 points) Over 16: See a doctor, fast. — �Fellowship Offered A Warning To Incompetents The "National Association of the NAB will assist the appliBroadcasters is currently seek- cant in acquiring employment ing applications for its Legal with the federal government, Fellowship Program. The pro- the communications bar, a gram, commencing September broadcast station, a network, 1982, is open to all graduating or any other related activity in or recently graduated minority the communications industry. law students who have The annual salary for the demonstrated interest in communications law. The selected student will participate in rulemaking proceedings, draft briefs for appellate review, assist the NAB Government Relations Department in its activities before Congress and become involved with the federal regulatory process. At the end of the program, The New York State Bar Association's Committee on Professional Discipline, in a report issued earlier this month, said that during 1980, court-appointed professional one year fellowship is $21,500. discipline committees issued It is not necessary for the ap- 389 letters of caution, admoniplicant to have taken or passed tion, and reprimand to lawyers the bar exam prior to applying. who had commited infractions Resumes, postmarked no of the Code of Professional later than November 15, 1981, Responsibility. should be mailed to Erwin C. 'In addition, the report showKrasnow, Esq., Senior Vice ed that the courts disbarred 25 President and Ceneral lawyers in New York State for Counsel, National Association violations of professional conof Broadcasters, 1771 N Street duct, and also accepted the NY., Washington, D.C. 2003b. resignation of seven lawyers, suspended 21 from practicing regardless of its nature, is inlaw for specified periods, and vestigated to make certain that publicly censured seven lines of communication between lawyer and client are others. Inquiries from the public reestablished and maintained. about attorneys' conduct totalHalpern pointed out that the ed 6,733 in 1980, according to Professional Discipline Comthe report, of which 1,561 did mittee has unanimously gone not indicate any basis for acon record in favor of an tion. amendment to section 90 of Harold M. Halpern of Buf- the New York State Judiciary falo, the current Committee Law to eliminate confidentialichairman, pointed out that ty of formal disciplinary prolack of communication bet- ceedings against attorneys, ween lawyer and client is still once there has been a one of the main complaints preliminary determination of received by grievance commit- probable cause justifying the tees. Each inquiry, he added, proceedings. He said that the committee is preparing a report for submission to the NYSBA's House of Delegates for its consideration. Halpern said that, "the adoption of such an amend 1 ment would enhance public awareness of the serious manner in which the bar treats matters of legal misconduct." Sure-Fire Ticket To Wall Street LEGAL EDUCATION State University of New York at Buffalo Faculty of Law and Jurisprudence Buffalo, New York 14260 J.D. expected May 1982. Class Rank: 10% Honors Grades: would have been appreciated in the following courses. Corporations; Enterprise Organizations; Evidence; Torts; Contracts; Federal Tax II; Constitutional taw I; Constitutional Law II; Constitutional Law IV (seminar on Presidential Powers); Constitutional Law XXIX (research seminar on Lockhart, p. 429, note 3, par. iv vi or Gunther, p. 633, sec. B, line 4, 3rd word in.); Commercial Paper; Legal Profession III; The Legal Implications ofThe William Tell Overture (seminar). LSAT: 797 November 400 July 397 HONORS AND ACTIVITIES: Buffalo ■Law Review Received defective complimentary copy of Vol. 28, Number 1. - Charles S. Desmond Moot Court Competition Best Briefs Accidentally revealed during post-banquet party. Buffalo Legislation Project Tried to slice BLP's budget to facilitate more videotaping of SBA meetings. Buffalo Consumer Mediation Service Elicited their aid in dispute with Echo II over defective bong. Buffalo Legal Aid (Clinic) Former frequent (and well-liked) client. Sea Grant Fellow , r Spent several hours in law library searching for anything published by one. Student Bar Association Former president resigned for personal and compelling reasons (e.g. membership on law important long-distance phone calls) review, - LAW OFFICE EXPERIENCE Philledup, Lyres, Hafcrocked, Blinde, and Hubris I N O N DEAD LINE I i IJ II ILNE!1 ! I 1 TUES. OCT. I . I „ Buffalo, New York to Received personalized form letter signed by an associate's personal secretary offering return my resume (C.0.D.). i /Pa 2 2 Research and Writing Instructor Couldn't believe it when mine got a raise. Law School Journalism The Opinion Read every other Thursday. ® i Charles S. Desmond Moot Court Competition Sat in third row and attended free cocktail party following the arguments. Finals - \ J 27 12 f ZNOONZ Jaeckle, Fleischmann, and Mugel , , -, Buffalo, New York Received ratings of "qualified" from a senior partner in areas of Future Interests and Estate Planning. October 22, 1981 Opinion 7 �Resident Sports Expert Mourns Baseball's Changes by Steven Cetzoff Many may wonder what lies in store for baseball in years to come. Perhaps the answer can best be illustrated by a brief journey into the future. The year is 1997. A father and his "son touring are the Cooperstown Hall of Fame. All when the Yankees didn't win. Son: Who does he fire now? Dad: Once after losing the Series to the Phillies, he tried to fire their usherettes, but the networks threatened to break .their TV contracts and not focus on him between pitches anymore. Son:Was this man a manager too? Dad: Sure. That's Joe Torre. He managed the Mets for four years, back when most teams had managers. Son: How did he stay so long? DadrWell, they wanted to fire him, but he was so quiet, no one was really quite sure who he was. Son: What did managers do? Dad: Well, they used to decide who would play what position and the batting order. Of course, today, most of these details are covered in the players' contracts, so there was no longer a need for them. . like they could be three game the NHL, there will be an open- who will have to rely even sweeps, but only Oakland had ing at head coach (see Job more on Cervin this year, it as easily as that. The Book "R," batch submission Portland, who is always well disciplined under Jack Dodgers were the first team to only). Ramsey, and Golden State win a five game series after los� • with Bernard King and Short * ing the first two, and the providing the fire power. Yankees received a bit of a scare from the Brewers and The last of the winter sports * * some harassment from Stein- to get underway is basketball. * brenner before Reggie got it The NBA East features three The Bills hTwe finally overdominating teams, Boston, going in the fifth game. Moncome the ABC jinx, against after and each Phi Ity scared its own fans Milwaukee treal one a shade better than the none other than the suddenlyPhiladelphia evened its 2-0 advantage by winning games next. If the Bucks can't sign suspect Miami Dolphins. After three and four, but in game Marques Johnson (which they hearing the post-game reports, five Steve Rogers out-pitched probably can't; without though, they might have to and out-hit the Phillies to make Federal aid) they could have order a shipment of spare the Expos the first Canadian problems, however. The knees in order to field a team team to make the league primary difference is in depth next week. The Jets are making at the center position. The it easy for Todd, by providing championship playoffs. Celtics enjoy the services of him with a superb ground atKevin and Rick Robey, tack, and a league leading 25 * * * which McHale allows Bird and Parrish sacks. If it continues, the Bills The hockey season is under- to be a bit more aggressive and may be glad that the Jets way, and thus far little has changed. The Sabres retain the unique ability to look things are as they will be then, awesome one night, and as lost only We Are There. as college freshmen at orientaSon: Dad, who's that? What did (Organ music). Thus was the tion the next night. To be fair, he do? fate of the baseball manager. they're in the midst of losing a Dad: That's Don Money. He Rule changes and clauses in war of attrition at the center was the last ballplayer to lay players' contracts made position, and if things don't down a sacrifice bunt. strategy decisions obsolete, change, they'll have to trade Son: Dad, what's a bunt? and eventually they began to for centers in bulk. Even a solid performance by Dad: A bunt was when a batter disappear. There were stories gave up a chance to hit a home told of strange knocks on the Buffalo did not atone for the run to move the runner into door in the middle of the night disgraceful treatment of the scoring position. and managers hauled off in ar- Sabre fans this year. Obviously Son: Why don't they bunt mored bullpen carts. a bit dissatisfied with season anymore? A few purists remained, ticket sales, management Dad: Well, players were com- longing for the game they once decided to make up for lost plaining that they were being knew. The more outspoken revenue by extorting $50 from asked to bunt, and their home ones were rounded up and exil- any fan who wishes to see most run and RBI statistics were suf- ed to a large parking lot outof the home or road games on fering. They claimed that this side Forbes Field in Pittsburgh. TV. It's unfortunate that the hurt their bargaining posiiton Yet they still clung to their NHL is powerless to impose when they became free agents, dream. One day they might be severe sanctions on the team so after a long strike, the rewarded and see good oldfor such conduct. Returning to teams who fashioned baseball not here league agreed to outlaw it. Son: Dad, who's that man? in the prefer to go public, the of course, but Dad: That is Bob Lemon. He twilight zone. Islanders looked positively was the last man to manage dominating in their opener + , the Yankees. against LA., a team still suffer* * ing from a trouncing at the Son: 1 didn't realize the hands of the Rangers in last Yankees ever had managers. I As we leave the time tunnel thought George Steinbrenner and return to the present, we year's playoffs. owned the team. Olympic hero Herb Brooks find that the fund-raising Dad He does, but they used to round of the playoffs is over. If has the Rangers skating circles have managers. Not that the owners were disappointed around themselves, looking George didn't run the show, with attendance in some cities, more and more like a Chinese but he was required to have a they certainly could not comfire drill each game. The manager in the dugout, for TV plain about the quality of play Rangers were loose enough on appearances, I think. Besides or the excitement. defense last year without havhe needed someone to fire Initially all the series looked ing to do figure eights at center ice. When they did win it was with good hard-nosed closechecking hockey, and with cont'd. from page five each player always in the right position. If Brooks doesn't Enforcement: Congress is ask Congress to amend the law learn how games are won in being asked to allocate more to remove deadlines for comfunds for enforcing the Clean pliance with health standards Air Act. However, President in urban areas. This will effecReagan prefers to delegate tively eliminate industry worauthority in this area to the ries about compliance with states, a viewpoint that is hotly health standards, and is certain opposed by environmental to face an uncertain future in manuscripts and completed groups. Congress. we can see. Conbut unpublished manuscripts From what Mobile Standards: The has much to debate in which are submitted for Comauto industry will lobby for gress the ahead. Lobbyists will mittee consideration are year relaxed pre-testing of new buttonhole the Senators and reviewed by noted scholars in for emission stanautomobiles on both sides the field. The Promotion and Representatives In addition, the industry of the aisle search of the Tenure Committee places a lot in wants to increase allowable perfect compromise. We'll see of emphasis on scholarship limits for nitrogen and carbon a Clean Air Act next year, and because scholarly work admonoxide. Congress will be perhaps for many years to vances the legal education of hard pressed to make severe the legal profession at large by Yet, what health stanchanges, as a recent report for come. will be effect, how the providing new insights, apin dards Congress shows a 90% drop in will be enforced, and real- proaches and methodology to -'automobile pollution as a law ly how well each of us will an old but frequently result of catalytic converters. breathe may well be decided misunderstood subject matter. Finally, the Committee Health Standards: The in the next Congressional sesmeets to decide whether or not Reagan administration plans to sion. ...— Clean Air Act .. — less concerned with fouling out. The remaining playoff teams in the east should be as follows: The Knicks, who still lack a power forward, and a complete center, but can run most of the lesser teams off the court; Chicago, with an aggressive Cilmore, and good depth at forward with Xenon; and Indiana with Billy Knight, even though they lost James Edwards to free agency. Cleveland signed every free agent in sight including Edwards, James Silas and Scott Wedman and have Mitchell, who averaged 30 a game for them last year, but all four cannot share the same ball contentedly. The Nets are two years away from domination if King, Williams, Legarda and O'Koren come around as expected. Imagine, the first allACC team in the NBA. In the West, the Lakers should return to supremacy. Last year they had a harder time adjusting to Magic's return than to his absence, but barring the unspeakable, they'll be up there along with Phoenix, another unsuspecting victim in last year's playoffs. Houston finally showed some balance, which got them into the finals. Robert Reed is a force to be reckoned with inside the lane, and Dunleavy was pulled out of law school last year and adds some stability to a freelance backcourt. Rounding out the playoff picture, we have San Antonio, Ins And Outs... — — to grant an individual professor tenure. The faculty members have been supplied didn't go for the win in Miami the other week. The giants overcame a dreadul performance against the Packers to trounce the Car- dinals, holding long time nemesis Mcl Gary to 18 yards. Carpenter gives the Giants their first real running threat since Ron Johnson, as the Giants at one point scored on five consecutvie possessions against the Cardinal defense. The biggest difference this season thus far has been the ability of NFC teams to hold their own in interconference games. Minnesota pulled out a thriller in San Diego last week, while Detroit shut out the champs world-and-AFC Oakland not long ago. Even the losses have been surprisingly close (such as Detroit's to the Broncos or Chargers). By the time Oakland scores again, we'W all have full-time jobs on Park Avenue. * * * Finally, this week's malpractice suits are against (1) the Miami secondary, beaten at least six imes on the identical pass pattern leading to three of the Bills touchdowns; and (2) to the AL championship series umpiring crew, who in game one called three Yankee runners out at three different bases when replays clearly indicated that all were safe. If this is the league's best, then baseball is in more trouble than I thought. cont'd. from page four tries not to focus on any one character flaw of the professor up for tenure but instead to consider the whole person in determining his/her future with all the candidate's materials at least one month prior to the meeting and must worth to the law school. be present to vote. They try to Whether the Committee arrive at the tenure decision in made the "right" decision in the course of a discussion any individual case is much like a jury in chambers. debatable but moot. The verTenure as administered at dict will be passed on the sucthe law school strives to be a cess of the tenure process by tough but fair procedure. The the generations of law students law school lays out their stan- that come after us who will dards so the professors know in choose whether or not to enter advance what is expected of this law school based on the them. Also, the Committee caliber of its faculty. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-10-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/22/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/23262520736f84f6fc1d903ec64ad024.pdf dfbcd9f7628f47171ccd5d881a6eeea5 PDF Text Text Human Rights Specialist Joins UB Law Faculty by Wendy Cohen "Halfway through my law school career, I discovered human rights law. It was as if I had found a home, somewhere I could be comfortable," explains Professor Kathleen Rimar, director of the Law School's International Human Rights clinic. A 1980 graduate of UB Law justice issues through her work at the Center for Justice in Buf- The ten students enrolled in her clinic "deal with real situafalo. The Center for Justice is tions of international human an educational organization, rights violations," says Prosponsored by the religious fessor Rimar. Human rights community in the Buffalo violations range from torture, area. At the Center, she and detaining people without became involved with trial, to refusal to allow unions "whatever kind of matter to organize. Students prepare which came along," including complaints for the United Naa boycott of the Nestle Comtions on behalf of their clients, pany, and work in the cor- who last year came from coun- School, Professor Rimar joined porate responsibility area. It was while working at the the ranks of full-time faculty this fall. After graduation, she Center for Justice that Projoined forces with Professor fessorit Rimar "began to see Virginia Leary to set up the that would help if I had an inhuman rights clinic. "I believe terest in international law, and we're the only law -school in when I came to law school, I the country with a human was really pleased to find rights clinic. It's something of courses in this kind of law." In human rights law "an inan honor," she notes. dividual can have a certain tries such as South Korea and Pakistan. Students are currently working on a study of child labor in the United States, and a human rights analysis of conditions in Sri Lanka. "I think the clinic is important for two reasons," Professor Rimar said. The first reason is that students may be able to help someone, and the second is that "it makes a difference in making -students aware of what they can do as Professor Rimar, who has amount of impact," she said, been a member of the Fran- adding "I always found other ciscan Sisters since 1964, first law interesting, but not became involved in social something to spend my life in." practicing attorneys." Non-Prolil Organization U.S. Postage PAID Buffalo, New York Permit No. 708 photo by (idrv Cdines UB Law School wlcomes new staff Professor Rimar continued, other countries," she said. pointing out that because "We get clients in a number "there's no money in it," most of ways; sometimes the lawyers who handle human students themselves suggest rights cases do so on a pro an area," she said. '"Most of bono basis. "You're dealing the time," however, "we conwith people who don't have tact groups like the Lawyer's anything. Your clients are Committee for International political refugees, or people in contd. on page seven Opinion Opinion |ohn Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 "The function of a free press is to comfort the afflicted and afflict the comfortable." Volume 22, Number 2 — H.L. Mencken State University of New York at Buffalo School of Law October 7, 1981 Strong Student Turnout Elects Romeo President by Bill Sharp Just after 11 p.m. on that special Wednesday evening, three puffs of white smoke wafted from the third floor window and spiraled gently to the roof of the law school building. The crowd waiting outside roared their approval. "Hooray, we have a new S.B.A. President," they shouted. I success, both in terms of voter the election seriously and by turnout and candidate par- all indications expects the new ticipation. In two days of S.B.A. officers to assume their heavy balloting, 479 students positions with the same or about 56 percent of the law seriousness and sense of comschool cast their lot among a mitment. crowded field of candidates. Robin Romeo, a 23-year-old, By S.B.A. standards, the tur- second-year student, was nout was quite large and a elected the new S.B.A. Presiclear reversal of the dismal dent. A Western New York showings of recent years. Also, native, Robin developed her this year almost all offices leadership skills as president of her high school senior class, as editor-in-chief of the yearbook should work within their pre- budget allocations, although that determination will be made after S B.A. Treasurer Sara Hunt and the finance committee make their recommendations to the board. Some of Robin's plans include scheduling semiformal faculty-student parties, conducting tours of the sent downtown Buffalo court system and possibly organizing a trip to see the United States and as a steward in last spring's Supreme Court in Washington, S.U.S.T.A. campaign. After DC. graduating from U.B. with a As Treasurer of the 5.8.A., degree in English, she spent a Sara Hunt assumes the second year in California working with (some say first) most powerful author Tom Robbins [Only position in the organization. Cowgirls Get the Blues) on his Sara, who was this year's colatest novel, now in print, Still chairperson of the Freshman Life With a Woodpecker. She is Orientation Committee, won chairmanship of the finance committee as well. After some serious discussions with last year's budget chief Joe Ruh (now the school's Financial Aid officer), Sara appears to have the intricacies of the budgetary process under control. Last week, she held mandatory meetings with the student groups. Joe Mcßride was elected Vice-President of the 5.8.A.; he served as a director during his first year. Mcßride's ability to hang his posters on the ceiling of Room 106 was surely one element of his election success. Mark "I Can't Type ' Reisman was elected S B.A , Secretary. Mark received the most votes of any candidate. married (but has retained her her seat by the largest margin However, he was uncontested maiden name) and works part- in any contested race. Under in his bid for office. Mark was time as an aide in the placethe S.B.A. by-laws, Sara also a first year director last ment office. automatically assumes the year. One of her goals as S.B.A. New Prez prepares to take reins turned from the window and extinguished my cigarette in one of Mr. Wallin's ashtrays. The other ballot counters were already on the phones to the candidates. It had ail gone very smoothly. The S.B.A. elections were a President is to work with the Board of Directors to better represent law students' needs to the administration. Robin believes the director's role is to make frequent contact with the students in order to ascertain their views and then to actively work for those interests. As President, her role will be that of "chief instigator" of board action. She thinks this year's directors are "strong, photo toy I UtTyt'i *'«• of office vital" persons who can make inroads on the students' were contested and the behalf. As an incentive to margins of victory, especially work, only active directors will among first and second year receive keys to the S.B.A. ofdirector candidates, proved to fice. Robin also hopes to probe extremely close; some races mote better relations with the were won by two and three faculty and alumni. vote margins. A fiscal conservative, Robin The law student body took thinks that the student groups SBA Election Results President Second-YearDirectors Robin Romeo JeffEisenberg FordSicyelva Funda Vice-President Joyce Joe Mcßride Julia Carver Caurcokl Treasurer Rich Wiebe Sara Hunt Third-YearDirectors BAiltreu Secretary Tom Catalano Mark Reisman Matthew Modica DMalrgeuis Second-Year Directors Jeff Eisenberg Sylvia Fordice Funda Julia Carver Carol Cuck Rich Wiebe Third-Year Directors Joyce Bill Altreuter Tom Catalano Matthew Modica Dale Margulis Sherwin Suss First-Year DirectorsSherwinSus Timothy Brock Mary Wong Jan DavidoffFaculty/Student Relations Irene Hi rat a Board Cindy Niad Jack Hams Faculty/Student Relations Rob TurkewitzJohn Stegmayer John Stegmayer Ron Osson JulieRosenblum Mary Wong Board Jack Hams Julie Rosenblum �Commentary Opinion ' Vol. 22, No. 2 October 7,1981 Editor-in-Chief President Called Reactionary by Marc Ganz Ralph W. Peters Managing Editor Larry Spielberg News Editor: Feature Editor: Photo Editors: Joyce Funda Lee Berger Gary Caines Business Manager: Frank Bolz Contributors: Dana Brutman, Frank Butterini, Wendy Cohen, Marc Ganz, Steve Getzhoff, Marty Miller, James Newman, Ward Oliver, Earl Pfeffer, Bill Sharp, John Stegmayer, Amy Ruth Tobol. ® Copyright 1981, Opinion, SBA Any republication ot materials herein is strictly prohibited without the express consent ot the Editors Opinion is published every two weeks during the academic year It is the student newspaper or the State University ot New York at Buttalo School ot Law, SUNYAB Amherst Campus, Buttalo, New York 142b0 The views expressed in this paper are not necessarily those ot the Editorial Board or Statt ot Opinion Opinion is a non-profit organization, third-class postage entered at Buttalo, NY Editorial Policy ot Opinion is determined collectively by the Editorial Board Opinion is funded by SHA trom Student Law Eees Composition & I vividly remember reading front-page lead in the Village Voice approximately eighteen months ago. It read, and has also made dramatic "The ship of state is at sea and reversals in estate tax policy there's an asshole at the by reducing the tax rates on helm!" I remember calling large estates. Corporate taxes friends and laughing with them will also go down. In the midst at the joy we got seeing J immy of hearing Reagan talk about a Carter ridiculed by the balanced budget last week, I populist periodical. also read that the defense Yet since Carter left office, budget was being doubled by we have seen a shift from 1986. asshole to actor at ship's helm. Actor Ronald Reagan canI have long since stopped not talk his way out of the laughing at Jimmy Carter. drama; too many people will Rather, I now observe be hurt by Reaganomics. The Americans >as they rise from people most affected will the dense complacency that react with passion unheard of had characterized Carter's in Carter's era. presidency. Lower income perHere are the issues that they sons, third world persons, will use: unionists and other constituen1. Social Security cutbacks Reagan has proposed reduccies have awakened to see ing benefits for those who many of their favorite programs decimated, while the retire before 65, deferring the wealthy see their tax rates go cost-of-living increases for recidown in what one observer pients and ending the called "the largest raid by the minimum benefits for the most United States govement since needy entitled persons. Senior D-Day." citizens will support canWe all remember laughing didates who support social during the campaign when security entitlements to the Reagan promised increased fullest extent possible. This defense spending, reduced does not include President taxes for the wealthy and a Reagan or any of his congresbalanced budget by 1984. All sional followers. of a sudden the American 2. Deregulation of natural public has stopped laughing. gas Ronald Reagan wants to They have seen Reagan deregulate natural gas by 1983, elected, inaugurated and doubling and tripling natural honeymooned. Now the gas bills to utility customers honeymoon appears to be throughout the nation, but hitover. Reagan has lied to the ting especially hard the con- the Barbra Kavanaugh Design: University Press at riutralo Editorial Squire Should Stay Squire Hall. An architectural monstrosity that rises Phoenix-like from the featureless Buffalo plain. The building certainly cannot be defended on any aesthetic grounds. But while it is not pleasing to the eye, Squire Hall does serve the very important purpose of being the University of Buffalo's only centrally located student union. Notwithstanding administration-sanctioned student population surveys, the center of student social life is and will continue to be in the Main Street area. The majority of students living off-campus will continue to reside in the Bailey-Main-Kenmore triangle. The most favored watering holes are in this area. Main Street will continue as the staging area for the Main-Amherst shuttlebus. Important services, such as financial aid and health care will carry on from their current quarters. Students will still convene on Main Street for a quick round of tennis or intramural competition. In short. Main Street will continue to be the locus of a great variety of student activity. The Main Street Campus will continue to be proximate to the great mass of off-campus students and commuters alike. For these reasons, it is imperative that the Squire Hall Student Union remain in operation. Mr. Robert Ketter's tenure as President of SUNY/AB has been characterized by grandiose schemes based on faulty fiscal and demographic projections The plans for the North Campus appear to have been drawn up by a demented Southern California architect secure in his belief gasoline would hold steady at 32 cents a gallon. The Amherst Campus is a boondoggle of unprecedented proportions; it is the Brasilia of the Niagara Frontier. It should be now apparent, even to those as unresponsive to reality as Ketter and his minions, that the Amherst Campus was built in the wrong place (an exurban swamp) at the wrong time (the energy costly seventies and eighties). There will be no mass exodus of students from the cheap cozy housing of the Main Street area to the prefab, shag carpeted, mock Tudor rabbit warrens of Amherst and North Tonawanda. The majority of UB students will continue to use and enjoy the Squire Hall facilities. rtretetet — — Opinion October 7, I9JII sumers in the northeast and midwest. The natural gas consumers will react with anger if their utility bills rise that fast. This time-their anger will not be aimed at NFG, but at Republican Reagan. 3. Anti-union activity Reagan has pressed for weakened OSHA enforcement of regulations, repeal of the — Davis-Bacon Act, which requires prevailing wages to be paid in all federal construction programs, and a tough stance against the PATCO strikers. It will not be Lane Kirkland who leads the fight for organized labor. It will be the local labor movements that fight for better working conditions and full employment for all workers, something that the AFL-CIO has not prioritized lately. Kirkland seems more interested in securing shale oil development in Wyoming and Colorado, complete with environmental disaster and few jobs for union members. In Western New York, COSH and pension rights advocates are the main source for activism. 4. Gutting civil rights enReagan has forcement laws made many statements in opposition to discrimination against blacks, Hispanics and other non-caucasian persons. However, actions speak louder than words. He has destroyed, via budget cuts, the infrastruc- — that enforced the civil rights laws throughout the nation. In addition, the Justice ture contd. on page six Two Students Propose Adding An Admiralty Law Course by James Newman separate course in law schools throughout the world. Buffalo Most U.B. Law students and Albany are the only law found a Maritime-Admiralty schools in New York State Law Course poll in their which do not offer at least one mailboxes last Monday. Initial course in admiralty law; U.B. is response to the poll was the only major law school on positive. The tally to date is: the Great Lakes which does First Year 52, Second Year 42, not teach a maritime law course. Third Year 37, Total 131. The poll also showed that Maritime law has an ancient many respondents are in- history. The first extant comterested in pursuing careers as pliation of the laws of the sea admiralty lawyers and that is the 6th Century A.D. Byzanothers welcomed the chance tine Digest of Justinian The to study the course for its own Digest refers back to the Bth merits. The latter students Century B.C. Rhodes laws. usually felt that there is a lack Although these laws may be of variety of courses available mythological, it is clear that the earliest maritime civilizain our curriculum. The poll's sponsors feel that tions of the Mediterranean had a maritime law course is an ap- bodies of law governing propriate and a legitimate maritime commerce. Later is found the extensive course to be offered here. As the poll states, Buffalo is an in- Venetian 11th Century Conternational port and an impor- solato del Mare which was tant part of the Great Lakes' recognized by the entire maritime community. Also, in Mediterranean world. In the view ofthe fact that U.B. is the 12th Century, Eleanore of only SUNY law school, many Aquitaine promulgated the graduates will practice in New Role d'Oleron which was later York City the largest port in introduced to England by her the world. Lastly, throughout son, Richard the Lionhearted. the United States over 5000 at- The Role d'Oleron is still cited torneys practice admiralty law in maritime cases today. Finalto a significant extent. ly, the most complete codificaMaritime law is a distinct tion is the British Black Book form of law and has tradiof the Admiralty written in the tionally been addressed in a 19th Century. — 2 Americans who voted for him. He has not sliced the middle class tax rate because of social security tax increases. He has cut the tax rates for his friends Today all maritime jurisdiction has a purpose separate from common law; it is substantially derived from civil law. And, of course, there is an extensive international content. This is illustrated by the fact that until recently the United States Federal Court system contained separate Ad- miralty Courts. The poll refers to some of the elements to be covered in a general course of maritime law carriage of goods, salvage rights, ocean jurisdiction, etc. It is also important to mention, that admiralty practice involves not only issues of law pertaining to craft on navigable waters, but, also, applies to personal injury cases, labor law, fishing and mineral rights, and environmental — pollution cases. Logistically, it would be preferable if a present member of the faculty could teach this course. The poll was conducted in order to demonstrate to the faculty and administration that the student body is interested in the course. If such a faculty member cannot be found, then Dean Thomas Headrick has suggested the possibility of hiring an adjunct professor from the Buffalo maritime law community. �Nuclear Power Proves To Be a Costly Proposition by Frank Butterini "Believe me, Mrs. Yokes, these dancing lessons will make you a beautiful dancer, capable of dancing with the most accomplished dancers." Yokes v. Arthur Murray, Inc. — The news of delays and price increases come like clockwork. You finally sit down and figure out the economics of this "dream you discover that deal" you're going to end up paying several times more for this car than you ever expected. Reali- — Try to picture the following ty sets in, you've already laid in your mind. You've ordered a down a couple of thousand new automobile of which dollars, its still a hazy day in praises have been sung by the future when the hardware newspapers, trade publications will arrive, and then you can and salespeople alike. The anticipate heavy maintenance auto is being hailed as the costs to keep it on the road. "car-of-the-future" —a sleek, Suddenly your old car doesn't swift piece of machinery. look so old anymore. Thoughts about this new Is there a way out? Can you model made you grow weary get your money back? Perhaps. of your old car. It began to But if you are reading this artilook outdated compared to cle, chances are you may be what you wre seeing on the stuck and you will be paying highway. It still is reliable, but for it. The question is, should it just doesn't seem to have you throw good money after that pizzazz. Besides, bad. Welcome to the world of everyone is saying this car will public utilities' conserve fuel like you Power wouldn't believe and you'll Corp., the supplier of electricinever have to worry about it ty to most of the Western New starting on some cold, gray York area, is currently conwinter day. Your hormones are structing a nuclear power a-stirrin'. plant on the shores of Lake OnYou immediately put tario. The plant, on which conyourself on an installment pay- struction began in 1973, is callment plan, eager to put your ed Nine Mile 11. money down and be secure in Niagara Mohawk estimated the knowledge that one of that it would take three years these gems is on its way to you. and $450 million to construct. The salesman said the final With construction less than price may go up a bit, but half complete by this past sprthat's to be expected. Besides, ing, the state Public Service it will save you much more in Commission ordered an audit gas, and it will put you out in of the project. The audit confront; it's the mark of ex- cluded that the plant wouldn't cellence. be completed until the late But lately you've been get- 19fl()'s and the final cost would ting irked by incessant delivery run about $6 billion, or fourdelays, along with continual teen times original estimates. price increases to boot. A The audit characterized semester has passed, payments Niagara Mohawk's original projections have been made and still no cost as car. Also, you've come across "unrealistically low" and newspaper articles of owner predicted that the price of its complaints about your model's electricity will be two and a failure to perform consistently. half times above the going They also complain that the market rate. car is difficult to handle even The Public Service Commiswhen it is running. In fact, a sion, which has the innumber of drivers have congruous role of protecting brought negligence suits claim- the interests of the utilities, its ing injuries due to the car's investors and the general design decificencies. public, has declined to hold an inquiry into whether the construction of the plant should be halted. Yet earlier this year, an administrative law judge for the Commission said that participation in Nine Mile II by Central Hudson Gas and Electric would bankrupt that company. Niagara-Mohawk executives must have the hair on their backsides standing on end, since the company's investment in Nine Mile II currents accounts for well over onequarter of the company's total capital, and final tabulations — prestige and government favors. Pringle and Spigelman contend that pressure on utilities to go nuclear was con- engineering profit. Thus, in the constant corporate struggle for legal tender, it serves the best interests of utility executives and siderable. Manufacturers their constituent stockholders made technical promises that to seek greater costs whenever couldn't be kept. They possible. Their modus vivendi describe the sale of two reac- is to use capital "wastefully" tors by GE to the energy-rich on marginal construction proTennesee Valley Authority in jects and to seek out greater 1966 as Nuclear Power's big- construction, engineering and gest breakthrough. The deal consultant costs whenever stunned most utility executives feasible.Their work motto Magzine Yorker New The 1981 © are still not in. (Long Island Lighting leads the state with a whooping fifty percent of its capital sunk into nukes). Critics contend that the Public Service Commission must do a sweeping examination of whether the project should be stopped in its tracks. They contend that the state's energy needs do not necessitate the construction of this plant. In fact, Niagara Mohawk, which was predicting annual 7 percent increases in electricity consumption a few years ago, now states that the annual rate is at one percent, and should remain there through early 1983. But Niagara Mohawk officials are blaming the cost spiral on the mass of regulatory chaos they have to contend with a response that is standard throughout the industry. Challenging the corporate party line is a new book, The Nuclear Barons, which argues that the idea of making electricity from atoms has never made much economic or technological sense. The The Buffalo Public Interest were compensated with apauthors, British journalist Peter Law Program, Inc. is a not-for- proximately $1350 for ten or Pringle and former Australian profit corporation organized eleven weeks of work. government official James by law students in 1979. In Students and their employers Spigelman, say that utility exrecognition of our obligation have been very satisfied with ecutives the world over have longed for nukes, much like as law students and future the success of this program. This year, we hope to be dreaming about that sleek, members of the legal community to contribute to public able to sponsor an increased sexy car. They've sunk billions of dollars into them, and have interest efforts, the program number of internships, not onseeks to offer opportunities to ly during the summer, but looked the other way when law students to work in public possibly during the academic their dream machines produce interest law at reasonable rates year as well. We would also more grief than power. They of compensation. In 1980, we like to make more students note that large companies, like and Electric were able to sponsor three aware of the program, and to General summer internships. Last sum- get them involved in various Westinghouse were under continual prompting from military mer, four internships were public interest law projects. one each at We will be holding a officials after World War II to sponsored Prisoner's Legal Services, meeting on Monday, October find positive uses for atomic Client Advocacy Services, 12, at 3:30 p.m. in Room 107. technology. This was done by Chautauqua County Legal Ser- All first, second and third year the military to help justify vices, and Legal Services for students are invited to attend. huge atomic research budgets the Elderly. In each case, If you are interested in the in Congress. GE, Babcock & students were selected on the organization, but canot attend Wilcox and Westinghouse basis of thefr own proposals the meeting, leave a note in came to compete throughout the 1950's by adapting military and agency requirements, and Box 375. Public Interest Law Group States Policy for commerical uses, scrounge the earth looking for motivated not so much by ways to spend more dollars market analysis but by and thus receive a larger net reactors — who then began a mad dash to get one of their own. As it turned out, CE had supplied TVA's reactors at an artificially low price in an effort to lure buyers. When executives asked for the same prices, they found that they were no longer available. Price escalations became the rule. The early justification for nuclear power was that it would produce energy "too cheap to meter." But in reality, according to the Atomic Industrial Forum and other industry lobbyists, completed nuclear power plants were already 50 percent more expensive than equivalent coal units by the mid-19705. It is predicted that this differential will rise to 75 percent by the late 1980s. Pringle and Spigelman attribute much of nuclear power's appeal to the lure of sexy "Big Science." They remark that "utility executives have been trapped into going nuclear by a seductive campaign of manufacturer's propaganda, fascination with new technology and questions of corporate prestige." But Alfred Kahn, the nation's ordained inflation fighter during the Carter Administration and a Cornell economist, argues that utility executives are not innocent sheep being led to economic slaughter. In his primer on public regulation, The Economics of Regulation, he argues that it is the nature of the utility executive job to spend his or her hours devising ways to exploit their monopoly status and reap greater economic harvests. Kahn points out utilities are granted monopoly control over their markets, in return for being confined to receiving a certain set percentage of profit on their expenditures. Since they can't get more profit per spent dollar, their executives becomes: "To make money, you have to waste money." To Kahn, this "exploitation" by utility executives is the result of their pouncing on the inherent weaknesses of the regulatory system. To effectively regulate the expenses of utilities would require a "detailed, day-by-day, transaction-by-transaction, and decision-by-decision review of every aspect of the company's operation." It's believed that any company could only operate at a glacial pace under such management. Regulators can do little more than review major decisions, with a chance of doing some cutting and snipping along the edges. Courts have denied regulators the authority to substitute their judgements for any utility company decisions that have a shred of empirical rationale to back them up. As a result, utility executives adhere to the maxim of the late, great Robert Moses: once you sink in the first stake, they'll never make you pull it up. There have been a number of remedies suggested to this of consumer affairs. Ralph Nader has advocated the establishment of citizen watchdog commissions to monitor utility decisions. Such state a commission, which has had some success in Wisconsin, would require legislative approval. Others advocate the public take-over of utilities, an occurance which has happened in several areas in New York and in the rest of the country. But in the meantime, Presi- dent Reagan and dentistturned Energy Secretary James Edwards, have advocated greater nuclear power plant construction. The Reagan administration has increased spending on nuclear research and construction programs, one of the few non-defense areas to win a budget increase. Stay October 7, 1981' tuned. Opinion 3 �Thousands Converge on D.C To Protest Reagan's Policies by Ward Oliver and Earl Pfeffer People began to gather around the Washington Monument in the early morning as buses and carloads of protesters from across the nation arrived in the capital. There was a festive feeling in the air — balloons floated and placards waved even before the scheduled start of the rally. All morning long the mass of people swelled. Early radio reports listed the crowd's size as 500,000 people, a number later verified by Cable News Network. Even if the correct figure lies somewhere between half a million people and the National Park Service's estimate of 260,000, it still amounts to the largest rally ever held in Washington, DC. This assemblage was even more imwhen one considers the distances people traveled. A group of Seattle trade unionists, for example, cancelled their U.S. flight because of the PATCO strike, drove to pressive Vancouver, flew to Tornoto, and from there took buses to D.C. Much is made in the press about how organized labor is Sixpack", would not be attracted to the pro-social service theme (Jobs, Justice, Compassion) of the Solidarity Day scheduled by the AFL-CIO for D.C. on Washington, September 19. It appears that Mr. Crawford's predictive skills aren't as sharp as he would have us believe. The fact that the overwhelming majority of these people were, to again borrow Mr. Crawford's terminology, "real work-class stiffs," hardly lends support to his thesis of a serious indeological split between labor's leadership and its membership. Whatever may be the significance of this turnout for the future direction of the country, at the very least it was a demonstration of spirit that has not been visible in the American labor movement for a long time. Although many groups, including environmental, civil rights, and women's rights, planned the event with the AFL-CIO, the "union flavor", as the Washington Post described it, was most prominent. Throughout the morning, buses arrived with passengers from virtually every area of the country (including 5,000 from with the Western New York, and at last American worker. Based on count, 11 law students from last Saturday's showing, we UB). Under a sunny sky they wonder just who is really out congregated, donning brightly of touch. colored caps bearing union in Readers of the New York signias and unfurling banners. out of touch Machinists from Vermont met machinists from Chicago. Hospital workers from the Bronx joined their Mr. Crawford's prediction that brothers and sisters from North the American worker, i.e. "Joe Carolina. Blacks, whites, and Times on September 17, 1981 were "treated" to Alan Crawford's analysis of the contemporary labor scene. It was fellow Hispanics, young and old, converged to demonstrate their opposition to the social policies of the Reagan Administration. A little known fact about this rally is that it was born here in Buffalo. Last winter, |)holn nnifli">\ //«' N/ji-rirurv the Western New York Labor shows its dissatisfaction with Reagan policies Organized labor Coalition For Jobs, organizing local trade unions around the ched under the banner of the sheer size of the gathering. The issue of high unemployment in American Federation of State, shared purpose of everyone's the Buffalo area, conceived County and Municipal presence and the resulting the possibility of a rally in Employees, next on Reagan's camaraderie seemed to give all Washington this summer. A hit list after PATCO. The a sense of hope and a realizameeting last December Amalgamated Clothing and tion that the power to create a brought union representatives Textile Workers and the Inter- more just society does in fact from all over Western New national Ladies' Garment lie with the voting public. York to Buffalo to discuss a na- Workers came from both the At least it made these two tional labor response to the North and the South. Teachers observers realize that from the failure of our government to marched with the American perspective of the government establish an effective program Federation of Teachers, while and big business, there is more to abate the current their university counterparts to be feared from organized joblessness, which is especially marched with the Association labor than the demands for high in the northeast. Then last of American University Pro- larger paychecks and more exspring, over 100 delegates fessors. Migrant workers tensive health and safety from locals and internationals, displayed the red banners of regulation. Ultimately, the representing 17 states, met the United Farmworkers and trade union movement has the here to lay the groundwork for the Farm Labor Organizing capacity to mobilize the a national march on Committee. Legal Services American worker into a very Washington this fall to protest workers (yes, even lawyers) potent political force. It is the economic and social marched under the District 65 significant that the largest policies of the Reagan ademblem (UAW). And perhaps march on Washington in ministration. In early summer most imortant, PATCO was United States history occurred the AFL-CIO national leader- there, the victim of Reagan's without the support and ship joined the call for a anti-labor sentiment and thus assistance of any of the news Washington rally and the rest one of the catalysts of the media. is history. In feeling their power, the demonstration. Few people expected the passions were high. marchers' While people gathered, response to be so overwhelmof their wrath target A prime ing. Spread across the field various musicians and vocal was the military budget, curthat morning were unions groups supplied bluegrass, rently growing at the expense covering nearly every segment folk, and salsa music. The morof social programs 50 years in of American working life. From ning began with "Cod Bless the making. If the protesters' Pete America" and ended with the Applachians came the words were harsh, it was in United Mine Workers, while Seeger singing and strumming response to the callousness of crowd, the he as the Steelworkers and Auto his banjo for president who wants to has on so many other impor- asubstitute Workers represented urbanizcatsup as a the Although ed north. 60,000 workers mar- tant occasions. school lunch vegetable the in music was of diverse origin, it who wants to reduce program, united those present. Whether explicitly political or not, its unemployment benefits in the significance lay in its face of a shrinking economy, cuts grassroots sources. It might and who has made drastic medical in federally funded have been the music associated with a particular care and food programs ethnic group or region or without considering the immovement, but on Saturday, pact on the individuals who September 19, it was the music presently need those proof all American working peo- grams. As they marched, the parpie. ticipants sang labor hymns and Around one o'clock in the chanted expressions of protest afternoon, the procession to and solidarity. At one point, a the Capitol began. Every union darkening sky and blustering marched behind a banner pro- wind threatened the event. claiming its name. It took three However, as the march prohours for all the marchers to ceeded, the sky began to clear. make the short trip to the Hill. Finally, assembled on the lawn The rest of the crowd lined the before the Capitol, the people streets and cheered the prolistened to Lane Kirkland (AH testers as they rallied by. CIO), Coretta Scott King, Union members carried signs Douglas Fraser (United with messages to the govern- Autoworkers), Sam Church pholo hv I «iff\ Spu'tht'rn ment: "OSHA Saves Lives, (United Mine Workers), Bayard Don't Weaken It!," "ERA," Rustin, Benjamin Hooks Construction has been under- "Dim Jim Watt," "Organized (NAACAP), and Eleanor Smeal way for about one year, which, Labor Opposed to Social (National Organization of Neal claims, is "neither an Security Cuts." Auto workers Women) rally against the inunusual nor inappropriate displayed placards decrying justices being advanced by the length of time for completing a the proposed cuts in the stu- present administration. durable lot." The Marriott dent loan program. Besides the Perhaps the best expression of unions, there were organiza- what the day meant came from Hotel's parking facilities took over a year to complete. The tions as varied as the Cray Pan- Sam Church: "We did not real problem, according to Dr. thers, the National Lawyers choose this battle; it was thrust Neal, has been one of release Cuild, the Baltimore Women's upon us by President Reagan, a of funds by Albany. "The pro- Union, as well as several te- president who claims to have a ject doesn't start until the state nant and student groups. the mandate from releases the funds. The whole All day there was an elec- people.. .Well, we are the peoAmherst campus was suppos- tricity in the air that grew out ple and I proclain that if ed to be completed already." of something other than the thebattle must be, let it be." Parkers Irate At Ticketing Parking problems continue plague students at the Amherst campus one month after the start of classes. With the opening of the Knox lecture halls and Baird music buildings, the number of available parking spots has substantially decreased. A common complaint is that the lot presently under construction south of Cooke-Hochstedter halls should have been completed before the opening of the new buildings. According to Director of Facilities Planning, Or. John Neal, however, adequate parking, exists if only students to would avail themselves of north lots P4 and P5. The crux of student complaints, thoughts that upon entering the campus from the south they search through all of the parking lots south of the academic spine, only to find there are no available spots after about 9:30 a.m. Faced with the decision to either travel a mile around the spine to the north lots (and end up late for class) or abandon their vehicles along fire lanes hoping to not be ticketed before moving them, they frequently opt for the latter. During page four ~ Opinion Remember this day? September, approximately 1060 illegally parked vehicles were ticketed at the Amherst campus. Although two parking lots are now under construction, one south of Cooke-Hochstedter which will hold about 400 cars and one northeast of the field house which will hold about 200 cars, completion of .these lots this fall depends upon good weather (so don't be surprised if they're still working on them next year). J October 7, 1981 �ETHICS EXAM —— to be required for 1983, 1984 graduates virtually certain to be required for Summer 1982 examinees TEST DATE: NOVEMBER 13 You must be registered for test by October 16 SENIORS: If you choose not to take the test in November, you have ONLY the March exam to pass the ethics portion prior to fall bar exam, .' JUNIORS: You may take the November exam. BAR/BRI HAS A LIMITED NUMBER OF TEST REGISTRATION FORMS - ALL Bar/Bri Enrollees may take the Bar/Bri Ethics Course for NO ADDITIONAL CHARGE (although you must put down $50 toward your final amount due). i Tentative Tape Showings: Thurs., Nov. 5; Sun., Nov. 8 Enroll in BAR/BRI at the discount rate of $475 15 DISCOUNT ENDS OCTOBER price $50 _ IIL — / I LjaLJ 111 mJm m m The course taken by more people Studying for the NY exam last year than all other courses combined. freezes the course See one of these representatives: Judy Hollender Orest Bendrij Lori Marian Dana Cowan Ruth Pollack Carol Cramer Cheryl Possenti Rocky D'Aloisio Christopher Reed Demopolis Ann Aldric Reid EUen Dickes Pat D°oiey J°e Ruh Steve Sheinfeld MikeDoran Mark Suzumoto Feroleto John Paula Feroleto Arthur Scott Garfinkel Leander Hardaway TanY a Harve Richard Roberts Robin Romeo Karen Russ * October 7, 1981 Opinion 5 �Commentary Homegrown Comedy at Mulligans Attica Recalled Ten Years Later by Amy Ruth Tobol were gassed and beaten. On September 14, 1981 the National Lawyer's Cuild Buffalo Chapter sponsored a Ten Year Commemorative Program remembering the massacre at the Attica State Correctional Facility on September 13,1971. On that day, inmates who had taken over part of the prison in an attempt to highlight the urgency of their needs (poor food, poor health care, no training or drug rehabilitation programs) were violently subdued by state troopers. These troopers forcibly took back control of the prison by firing indiscriminately into the crowd of inmates and killing 43 persons and wounding many more. Liz Fink, an attorney currently working on the civil suits which were filed as a result of the re-taking of Attica, in- — troduced and discussed the film "Attica" which was shown that evening. Ms. Fink emphasized that although the troopers were responsible for firing 3000 rounds of ammunition into a crowd of unarmed men, thus causing the death of 43 people, no criminal charges have been filed against them. Instead, charges were filed against many of the inmates who were thought to be the "leaders" ' of the rebellion. Years of working through many of these criminal trials delayed the filing of a civil suit until 1974. A class action suit, currently in front of Judge Elfin, was filed on behalf of the inmates who were injured or killed and their families, is currently in the discovery stage in Federal Court (Inmates of Attica v. Rockefeller). The Attica rebellion and subsequent massacre forced the public to question the effectiveness of prisons as a remedy to increasing crime rates, and to question the validity and legitimacy of the use of such incredible force and violence on human beings by the state. Yet, ten years later, on September 18, 1981, an affidavit was filed in U.S. District Court on behalf of Special Housing Unit inmates alleging that they had been gassed and beaten in their cells on September 11, and since that date, had been deprived of bedding, clothing and showers. According to the affidavit, the inmates had been locked up after an altercation in the dining room. During the lockup, a guard dropped some of the food he was serving them on the ground, and proceeded to give an inmate the food anyway. The inmate refused to take the food, threw water on it, and was threatened by a guard who subsequently left without feeding the inmates. Throughout the night, inmates continued to shout and make noise as well as throw water and "personal items" out of their cells in protest. The next day, the affidavits allege, they Opinion 6 The Full Moon has several creases to iron out. Much of their stand-up adventures need to be rehearsed and there are places in which they need to add a little flavor. But mostly these comics remain more of an association than a real team. They need to learn how talents to offpleasing ability for impersona- to combine their evenly each others' tions. His imitation of Jack set more was told by Nicholson at the Academy particular humor. I they were Awards, introducing a film the comedians that that they all had on occasion "spit a few comic balls" between themselves but this was their first real crack at consolidating their talents. The majority of the show, however, remained based on their individual stand-up routines. Reed Rankin displayed a by Dana Brutman Tuesday at the "non"-club side of Mulligan's on Hertel, a Full Moon rose over a crowd of ex-Tralfamadore-Room comedy enthusiasts. Three comedians who used to frequent the open-mike show at the Tralf combined their talents with a theatrical comic actress from New York City and formed an association they call the Full Moon. As evidenced by the about obscene flippers, wa presence of their fans and very much enjoyed. friends, Buffalo still exhibits a Pancho Parrish initially apcontinuing affection for the peared as Francis Ford home comedians. The recent developments at Attica illustrate that the Attica rebellion brought very little change in prison conditions at that facility. And from time to time, the media continues to report flare-ups at other facilities around the country. The story seems to be the same, only the names and prison dates have changed facilities are inhuman and debilitating, evidenced by the grown high rate of recidivism. Certainly the prison system as it The association, comprised now operates is ineffective as of Reed Rankin, Pancho Para remedy for criminal rish, Dora Evans, and Tom behavior. Stratton, had originally planned to open their first night We need to remember Atback on the Buffalo comedy because we need to tica, with a credit film. Reed beat remember that an ever increasexplained to us that the Rankin of the ing segment population equipment had camera is being confined to prisons; failed them when mysteriously new are conprisons being that the lens. The comics they used structed; that these prisons are through the use of improvised producing very angry people. We are not really dealing with assorted props, special effects the problems of crime and by Tom Romano, and a logo of those who commit crimes by a full moon with a courageous allocating more monies for the pig outlined on the corner. rings, construction of prisons which Animal noises, phone star spiritually and wars were the government has recently done. We to matched to the moves made need acknowledge that an increas- by the man-powered flying ing sense of powerlessness and credits. helplessness, a continuous Each of the male comedians decrease of paychecks, has been pushing his comic welfare checks, food stamps, wares around for years as a etc., will continue to breed the solo stand-up. I was informed kind of frustration and desperation that often leads to crime. The sense of worthlessness that our children will feel as they go through in- Department has reversed past adequate educational pro- policy concerning affirmative grams with limited job action, school busing and availabilities ahead adds to the educational rights of aliens. It growing tension in this coun- is clear that the minority try. It is here, too, as it was in groups in this nation must Attica, that the frustration, make themselves known once desperation and struggle to again. Using the tools that Dr. survive, will, if not addressed, Martin King left behind, the explode into another rebellion. minorities must march and Rockefeller is no longer with demonstrate, protesting the us but Reagan is. And as the policies of benign neglect that new prisons become filled, and Ronald Reagan espouses. as the streets become Policies must be established overloaded with unemployed, that secure meaningful jobs impoverished people, Attica for all people, affording again and economic and social stability will happen again. There is much truth to to all people, and not just Reagan's Perrier crowd. the chant, Attica is all of us. — Thunderbird, wearing a beanie and wax eyes with springs attached to the sockets, and to accent his real personality he carried a wind-up shaker. Tom Stratton, who is a nationally known cartoon writer and has been published in Playgirl magazine, is noticeably short. He is maybe, give or take a bit, 4 foot 5 inches. His condescending humor somehow fits, in sort of awkward precision, with his unimpressive physique. The prevailing comedy was a combination of wholesomeness and absurdity, topped with a few sexually overtoned pranks provided by Dora Evans. A fellow law student, Stu Shapiro, was the guest attraction. He sang out, and had us join in on some old horn jokes and jingles in a style reminiscent of Arlo Guthrie. continuously writing new material, and perhaps with time, some of these will be smoothed out. In any case the necessary zeal and comic push was present. Mulligan's service unfortunately was off the mark. We didn't get served all night and had to slither our of our seats and journey to the bar during the show if we wanted anything to drink. But the decor was nicely done; we each had a flower on our table and a matching pink napkin. The Full Moon is appearing at Mulligan's every Thursday night. They hope to supply ad- ditional guest attractions weekly. This writer was informed that they will be changing the show each week with new skits as well. Mulligan's could grow to be the new place in Buffalo for comedy on Thursday nights. In fact, it may be the only place for comedy in Buffalo on Thursday nights. If you are looking for a little absurd zeal, check it out. Reagan's Policies Condemned Finally, Ronald Reagan will be destroyed from within. The Moral Majority will start to fight Reagan, the conservative libertarian wing will fight the president over corporate subsidies for Reagan's friends, Wall Street will fight for more budget cuts and Nancy Regan will fight for more fine china. In addition, other consth tuencies will awaken. James Watt's bugle has played reveille to a swarm of environmentalists angered over Reagan's callous disregard for the nation's natural resources. Family planning advocates will battle in Congress for needed — — cont d. from page two • • a dollars to finance their operations, and pro-choice forces will assemble a war chest to defeat supporters of the "human life amendment" to the Constitution. As stated before, there is a ship of state at sea, and an actor at the helm. Yet his militaristic, aristocratic style may prove to be too powerful for Bonzo's keeper. Reagan will see in the next few months increased resistance to his programs, a hesitance by Wall Street and Congress to support them, and by the November 1982 election, opposition from all parts of the nation; Women Law Students' Assoc. WoWtN LAW STUDENTS' OPEN MEETING Today, 4 p.m. CHILD CARE sth floor Faculty Lounge .. Agenda will include: membership plans, bylaws, dues, program planning, conference plans, and child care much more — and We will also be seeking chairwomen and members our for committees: publicity, community liason, faculty liason, child care, fundraising, conference, etc. Please join us. Kids welcome, Bring ideas, too. Tell friends! Don't forget!! October 7, 1981 . now open \t> oil ftiiouroMiraa , tc> : BarBRA name Appe.es»s. � xnutp it iv Mimeox 704 kavam aO6« pmome: jfl y§B — «b^^d' Tit**!*: Voo! �Sports Roundup By U.B. Law School's Own Crantland Rice by Steven Getzoff One can't help wondering if there isn't something about playing games for a living that causes adults to behave like reform school dropouts. Ap- ballpark beer than the average U.B. student spends on tuition, and what they don't drink is usually hurled at visiting players. Until teams are willing to improve stadium security, this will continue, and ballplayers are going to have to accept this fact. As long as the fans do not venture on to the field, it is out of their hands. If Messrs. Smith, Rose and Cedeno cannot accept the current situation, they should find another profession. Not all the violence has parently, a guaranteed spot in the playoffs has caused the attention of several players to wander into the crowd to be specific. Last week Reggie Smith charged in after a verbally abusive fan at Candlestick Park, a la Cesar Cendeno, and according to Reggie, he got in his licks. On been confined to the stands the same night, in St. Louis, this month. Reggie Jackson, after belting one against Denny of Cleveland, completed his — Pete Rose swung a bat in the direction of tw<3"bbscene spectators, mistaking their heads for Bruce Sutter curve balls. Fortunately, he fared no better than most batters do against the Cardinal ace, and no one was injured. Add to these incidents Mr. Cedeno's assault on an unfriendly spectator a few weeks ago, and Gary Templeton's obscene gestures at his home-town crowd in St. Louis, and we have a scene more akin to professional Thus, the ratings were division rivals eight times, and disastrous. Chicago won the plays only three games against game in a shootout, no less, everyone else. The balanced following 105 minutes of schedule of the prior two years scoreless soccer in front of was counter-productive, and 37,000 who had come expec- was retained only because ting to see a wide-open high- several owners of Canadian scoring game. Overall, the teams, concerned about attenleague's success this year was dance, threatened to throw so overwhelming that five themselves in front of Bobby teams are packing it in. UnforHull slapshots if Montreal tunately there isn't another didn't come in at least twice a Pele to revive the sport, and year. thus interest is fading fast in Concerning the probable spite of the gradually improv- outcome of the season, last ing quality of play. year proved that finishing near There are a few bright spots. the top in the regular season is One is the Montreal Manic worth about as much as a Q*, who drew 58,000 for one of its so it will suffice to predict that playoff games. Participation Washington, Detroit, Coland interest at the school orado, Hartford and Winnipeg levels are improving, for will all repeat as failures, with another, and if only the league the remaining 16teams making can hold on for five or ten the playoffs. years, a new source of fan supOverall, the Islanders should port should be forthcoming. prove again to be the class of * * * the league, with the Rangers, As September ends, and Philadelphia, St. Louis, Bufwinter begins in Buffalo, we falo, Calgary, Minnesota, Edturn our attention to the rink, monton and Montreal all havand find a totally realigned ing a shot at finishing a distant NHL, to cut travel home run trot with a beautiful flying tackle of the Cleveland pitcher in retaliation for having been thrown at during a prior at bat. Not being one to idly sit by and watch his rival steal the headlines in the next day's paper, Steinbrenner announced that in the future any pitcher throwing at a Yankee will be faced with a lawsuit within 24 hours. All absurdity aside, designed the possible effects of such a costs, and improve regional concept is phenomenal. An in rivalries. fielder cut down by a runner's The Rangers, Islanders and spikes would appear to have a Flyers remain together, but onsimilar cause of action (see ly one can go to the semifinals Prosser on Base Running), and under the new set-up. The the application of such a doc- Sabres join two rapidly fading trine to football would require hockey powers, Montreal and teams to employ on-field Boston, neither of which won a counsel and devote half their training camps to a seminar on football torts. Lost amidst all the recent events was the 1981 Soccer Bowl. Thanks to the NASL who scheduled the game in Exhibition Stadium, which could only hold the game on Saturday wrestling than baseball. night, there was no live televiThe fans aren't to be held sion coverage, and by Sunday blameless, however. Many are anyone who might have been capable of spending more on interested, wasn't any longer. playoff game last year, and thus the Sabres should represent that division in the semis. Performances by Minnesota and St. Louis in the midwest, and Los Angeles and Calgary and Edmonton in the western division cause the league to seem a lot more balanced than one might have thought when the new alignment was announced. Under the new schedule, each team faces its second. College football is in full swing, with the first week providing more surprises than last spring's Corp i final. Alabama, Nebraska and Michigan were stung by Georgia Tech, lowa and Wisconsin. All three got revenge the following week, Michigan's coming at the expense of the then-Number-One Irish. Notre Dame has now lost two in a row to Big 10 teams. USC is currently king of the hill, rallying to a 28-24 win against Oklahoma in what may turn out to be the game of the year. Of the threeunbeaten teams after four weeks in the NFL, only Miami is a surprise. Don Shula's rebuilding program is well ahead of schedule, although it took a holding call to hold on to a three point win last week in Baltimore. Other improvements this year can be credited to Kansas City and Cincinatti, who are both 3-1 and on top in their respective divisions, though K.C. has to share its position with S.D. and Denver. The Bills, already two games out, found their once seemingly invincible defense yielding 47 points in the last two defeats, against Philly, who they could have beaten and against the Bengals, who they should have beaten. The Jets finally escaped from the ranks of the winless, as Todd-toWalker again became a viable threat. Much of the credit for last week's rout of Houston must go to Mike Augastiniak, a fullback who can run, but more importantly, loves to block, thus putting the running game in gear. Across the Hudson and up Route 3, the Giants have suddenly rediscovered respectability, and possess one of the stingiest defenses against the run. Neither Rodgers or Dorsett could come close to 100 yards against the New Jersey triangle. The NFC, however, appears likely to send the same five teams to the playoffs again, provided of course that future episodes of "All My Rams" are as successful as the last two. With Kramer back, the Vikings should dominate the otherwise dull NFC Central. * * * Finally, I'm sure you're all dying to find out who the defendant is in this week's malpractice suit. This week we bring suit against the offensive line of the Houston Oilers for allowing its quarterback. Ken Stabler, to be sacked eight times in each of the last two games. Securities Symposium by Joyce Funda RES IPSA LOQUITUR - The Piepcr Jsfcu; York State Multistat* Bar Review offers an integrated approach to the Hew York Bar Exam. We emphasize sophisticated memory techniques, essay writing skillsand a concise, organized presentation of the law. You will he prepared and confident. It Speaks For Itself. SCHOOL REP; John Schaus U.B. Law School will host a on- Securities Regulation and the Capital Raising Process for Small Issuers on Friday, October 16, 1981 in the Moot Court Room. The program, which will be held from 9:00 a.m. to 5:00 the expansion of small p.m., is being sponsored by the businesses. Law School, the U.S. Securities The $50 fee for the* seminar and Exchange Commission includes a luncheon ticket and (New Regional a set of course materials. York Office),and the Erie County However, law students will be Bar Association. welcome at the sessions (exThe faculty for the sym- cept for lunch) without charge. Further information may be posium is composed of staff members of the SEC, Buffalo- obtained in Dean Headrick's area accountants and at- office. Room 319. symposium New Faculty PIEPER NEW YORKMULTOTAIE BAR REVIEW 1517 Franklin Avenue Mineola, New York, 11501 (516)747-4311 Limited Enrollment. Early Registration Discount to Nov. 30, 1981 torneys and faculty members of the U.B. Law School, including Prof. Barbara Blumenthal, Prof. Roger B. Deitz and Dean Thomas E. Headrick. The program has particularly important implications for Western New York whose future depends on stimulating Human Rights. We find out what their needs are, and work through them." Professor Rimar also brought back ideas for the clinic from a U.N. conference she attended in Geneva, Switzerland this summer. While at the meeting of the U.N. Subcommission on the Prevention of Discrimination and the Protection of Minorities, she made valuable cont'd. from page one contacts in her field. On October 30-31. UB Law School will present a Colloquium on International Human Rights Law and Policy. Topics will include human rights policy and foreign affairs, and international human rights law in domestic courts. Professor Rimar is planning to teach a clinic on immigration next semester. October 7, I9m v, ; Opinion 7 �ENROLL BY OCT. 23 SAVE $100 mM M M 1 ll■■ I I A A Pi II IMI I II Some things are better the second time around isn't one of them. A ■ — taking the bar exam Take a good look at the Marino Josephson/BRC Course and we think you will agree that there is no better assurance that you will have to take the New York Bar Exam only once. No other course has our experience (over thirty years with the New York exam and seven years with the Multistate Exam), our record (over 30,000 New York attorneys, consistently superior New York passing rates, exceptional Multistate performance), our materials (our Capsule Outlines and Law Summaries prepared by the same people who produce the Sum & Substance of Law series and annotated and edited by the Marino staff), the lecturers (drawing from Marino's experienced staff of bar exam specialists and BRC's faculty of over ninety outstanding law teachers) or our uniquely effective study program (the Programmed Learning System featuring constant feedback, pacing and discipline). . Marino-josephson/BRC _ Mike Athans Howard Bluver Andrew Cataldo Larry Engle „ ~ Wendy Fechter Tanina Lianunari Greg Miller Matt Modica Julie Rosenblum Mark Ventrone Keith Bond •., D r V %, ''ju 'lllKliilk f 'i/i „ _. 4 § 5 = S i , J <$ ifkP ,�-• %\\^%%%V ■■■■■IllißHHHHßlllllH 111" BEST OF BOTH WORLDS Catherine Cleary Glenn Frank Julia Garver Rick Juda, Jr. Cynthia Locklear Bob Lane Diane Martin A 1M°*hiber Scott Nadel Ed Robinson Alan Sola " � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-10-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/7/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4b392cd6300acefbb377581f0d9fc357.pdf 73a767fac977a090977d0889597ed601 PDF Text Text Orientation Extends Warm Welcome to Freshmen by Barbra Kavanaugh . The Class of '84 was eased into the law school community by the Orientation '81 Committee, co-chaired by second year students Joyce Funda and Sara members of the administration introduced the class to various aspects of the school ranging from the practical pointers by Registrar Charles Wallin to reflective ruminations of the law school experience by Pro- brilliant yellow shirts, the wine supply. freshmen separated into The whirlwind of activities groups of 10 or 12 studentsand on Tuesday led to an assortbegan a crash course in learn- ment of optional activities on ing the A to Z's of law school. Wednesday checking out In addition to touring the the open house held by the school's facilities, from the various clubs and organizalibraryjo the vending machine tions of the school, buying areas, the groups were given more books, taking care of hints on briefing cases, buying A&R matters and having taken books and other gems which the seating chart photos of historically have been anxietythose who somehow missed — provoking in the first few weeks of school. After having lunch with their group leaders, the students met in their sections with the first semester professors. The opportunity to scrutinize the faculty (and vice versa) extended to the traditional wine and Sheldon Hunt, on August 24 fessor Emeritus Jacob D. Hyman to the "entertaining" and 25, 1981. Officially launching this demonstration of the socratic year's orientation, Dean technique by Professor Thomas Headrick rendered his William R. Criener. traditional welcome to the apGuided by approximately 35 proximately 250 first year law upperclassmen, dubbed the students in attendance. Other "canaries" because of their Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 cheese party which was held on the second floor of the library and the adjoining terrace. The congenial crowd and perfect weather were big factors in explaining the premature depletion of the out on Tuesday's snapping ses- sions. It was a casual type of day and it was noted that the freshmen turnout was rather low, perhaps indicating that some of Tuesday's activities could have easily been scheduled on Wednesday. Wednesday night, the night before classes started for the entire school, found almost 200 people crammed into Rooties Pump Room partying as if there indeed would be no tomorrow. The beer was free and flowed easily until the Opinion kegs were emptied by the en- thusiastic crowd. Chicken wings and pizza were also provided, although there are some who swear they never saw the food due to the voracious appetites of the crowd hovering over the food table. The crowd was a mixture of first year students, the students who worked on the orientation committee, a few second and third year students who would by and adnever let a party ministration and faculty members, including Dean Thomas Headrick, Prof. William Criener, Prof. Al Katz, Prof. Elizabeth Mensch and Prof. Allan Freeman. The consensus was that the party was a great success and seemed to indicate that the Orientation Committee had succeeded in its goal of easing the new class into school and creating a relaxed and comfortable atmosphere. Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 'The function of a free press is to comfort, the afflicted and afflict the comfortable. ' H.L. Mencken — Volume 22, Number 1 State University of New York at Buffalo School of Law September 17,1981 Prison Task Force Teaches Legal Research At Albion by David Nelson a revised curriculum for the men. In general, the classes were Beginning last March, members of the Prison Task well-received by the,prisoners, Force have been conducting a many of whom have a serious Legal Research Class for the interest in learning how to prisoners of the Albion Correc- research and to use the law. tional Facility, a mediumWhile the primary emphasis of security prison for some 70 the course has been on legal women and over 250 men. Dur- research skills, some materials ing the Spring 1981 semester, have been developed on the Task Force taught the class specific substantive legal quesfor the women, whose pro- tions of interest to prisoners, grams are almost exclusively and these proved the most Albion will continue, although no definite arrangements have been made. All members of the law school community are welcome to participate in this year's project. An organizational meeting will be held soon, hopefully the week of September 15th. The Task Force is funded by the SBA through the National Lawyers' Guild, of which it js a subcommittee. Membership in the Lawyers' Guild is not required. If you are interested in segregated from those stimulating for the students. It is anticipated that the participating in this year's proavailable to the men. This past summer, the Task Force taught Task Force's relationship with gram, please look for signs for the organizational meeting next week, or put a note in take up to five hours including transportation. Teaching responsibilities and preparamailbox No. 468. In terms of time commit- tion take up additional time, ment, the classes are held but are shared on a relatively weekly, in the evenings, and loose, rotational basis. Parking Poses Problems and Acheson Halls on the Main Street campus. Undoubtedly, Returning UB Law Students much of the current parking have found themselves battl- congestion can be traced to sudden influx of ing for the privilege of parking this their automobiles. With the undergraduates. Captain Jack Eggert, head of opening of the Knox Lecture Halls, the once simple task of SUNY/AB Public Safety and parking one's car has become Traffic forces, maintains that a trial somewhat akin to the the current difficulties will date for administering the nine labors of Hercules. soon dissipate, and claims a ethics portion of the exam. An estimated seventy similar problem exists at the In other developments, a classes per week will be held at start of every semester. Lieutestate court has set aside a New the capacious Knox lecture nant Little, nominally superYork requirement that the halls. Previously, many of the visor of ÜB's Traffic and Parkmultistate portion of the bar classes now scheduled for ing Division, could not be exam be taken while being Knox were held in Diefendorf reached for comment. physically situated in New York. Such a requirement had made jt difficult for students to take examinations from New York and other state concurrently, since often both states would require physical presence for the multistate by R.W. Peters Bar Exam Changes Proposed by The Patrick Dooley New York Court of Ap- peals is now considering posal that could make that final frontier of all law the bar examinastudents tion a little harder to cross. The exam as it currently exists requires two days of testing, one day covering basic "multistate" fundamentals in a 200 question multiple choice — — question format, and a second day of essay-type questions on New York law, which draws on a possible 25 subject areas. The State is now considering adding a third day of testing which would cover the area of professional ethics and would based solely upon knowledge of the ABA Code of Professional Responsibility and Judicial Conduct. To date, fourteen states have adopted be such a requirement. The test format would consist of 50 multiple choice questions which would be designed to test an individual's knowledge of the ABA canons and their application in given situations. If the proposal is adopted, the state will allow the test to be taken by students prior to graduation, which would allow an examinee the option of avoiding the burden of a continuous three-day bar exam. Given the nationwide trend towards the adoption of an ethics requirement, it is likely this exam will be required for all students graduating after 1982. It is unclear at this point whether seniors taking the 1982 test will be required to sit for the ethics portion, but an answer is expectlpd by early November, the first proposed portion. In an unrelated action, the filing of a federal suit persuaded New York to allow persons who had twice before failed the bar exam to retake the test on the )uly test date. Previously, such individuals were only allowed to take the February exam, which forced them to wait an entire year before attempting another go at the exam. photo by Lee Berger �Vol. 22, No. 1 Opinion l Editor-in-Chief Ralph W. Peters September 17,1981 , Photo Editors: Ken Artin, Colleen Jones, mrnistration and staff. Steve Cielowski, Matt It was truly a team effort. Orientation '81 has been put Plunkett, Carolyn Messana, Our job was certainly made to rest, but we feel compelled Mike Kanaley, Jon Malamud, easier and perhaps more importantly, we feel that the to do just one more thing. We John Stegmayer, Laura Doolitwould like to publicly thank tle, Joe Ruh, Julia Carver, Ron myth of the apathetic law stuthe students who worked on Mendrick, Angela Reyes, dent has been dispelled. the Committee all summer Sylvia Fordice, John Faria, Thank you again. You were Kathy DeWitt, with so much dedication and Rodd to work with. wonderful competence. These people Gladstone, and Judy Holender. Our appreciation also exwere an integral part of Orienloyce E. Funda tends to all the small group tation and in no small way conSara Sheldon Hunt to the and ("canaries") of the leaders to the success tributed Co-Chairmen members of the law school adprogram: To the Editor: Managing Editor Larry Spielberg News Editor: Feature Editor: Orientation Leaders Extend Their Appreciation To All Those Involved ■ ' Barbra Kavanaugh Joyce Funda Lee Berger Gary Caines Frank Bolz Business Manager: Contributors: Pete Dooley, Steve Cetzoff, Marty Miller, Dave Nelson, Rick Roberts, Joe Ruh, John Stegmayer. © Copyright 1981, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. U.B. Student Expresses Satisfaction With Her Orientation Experience tators were sensitive to this and sincerely tried to help us relax once we broke up into The Orientation Committee's attempt to smooth the small group meetings. It was transition into Law School for extremely helpful to have the some 280 students was a noble opportunity to question upendeavor. Doubtlessly, the perclassmen about whatever vast majority of us were aspect of school we were hopelessly confused when we curious about. Throughout the walked in I, for one, was much entire day, everyone was more more at ease when I walked than willing to talk, and eager out. to assist us in any way possiIt was touching to be ble. Unfortunately, too much welcomed by the Dean and his entourage, but the mystique of was crammed into the first day Law School which encourages of Orientation. The whirlwind symptoms of anxiety and/or tours, locker-hunt, and seatingparanoia, remained. The orienchart photo, among other To the Editor: Editorial No More Atticas! At 9:44 A.M., Sept. 13,1971, six minutes of police gunfire end- ed the Attica Rebellion. Five hundred state troopers opened fire on 1,200 prisoners, leaving 43 men dead, including nine hostages taken by the inmates when the rebellion began four days earlier. Many reasons have been cited for the Attica Rebellion. However, the extremely overcrowded conditions of the maximum security facility have always been thought to be the most decisive and immediate reason for the violence that erupted during that long weekend. When the takeover began, there were 2,250 inmates at Attica. Although the New York State Special Commission on Attica recommended that the prison's population be held to a maximum of 1,200, that number has gradually grown, and Deputy Attica Superintendent Richard Fietz expects the prison population to reach 2,150 or 2,200 by January 1, 1982. Attica reflects a state-wide problem, as the prison population throughout New York has doubled since 1971. There are many reasons for the overcrowding of New York State's prisons. Although many people claim that the overcrowding is caused by the growing rate of violent crime, there is little or no reliable evidence that the crime rate has changed since 1970. What has increased is the public's fear of violent crime, a fear that is fostered by the media and some politicians; with many judges reacting to public and political pressure by handing out more and lengthier sentences. Fifty percent of the people convicted of felonies in New York State in 1979 were sent to prison, compared with 35 percent in 1970; 73 percent of New York's felony offenders were sent to prison or local jails in 1979 and 24 percent released on probation, compared wiih 58 percent sent to prison or jail in 1974 and 36 percent-released on probation. In order to contain the growing prison population, Covernor Hugh Carey is presently pushing a $500 million bond issue on November's ballot that would add three new maximum security prisons to the six already run by New York State. Throwing money at the problem will not solve it. A 1980 report by the U.S. Department of Justice's National Institute of justice indicated that as new prisons are built, the courts will simply commit more criminals to them. This will cause inmate populations to expand anaPipvercrowd the new facilities as well. community service or school for There are alternatives first-time or non-violent offenders, half-way houses, work release programs and others many of which were suggested in the aftermath of the Attica Rebellion. There have been successful experiments with many of these programs, but they are expensive and too many have not survived. Five-hundred million dollars could be better used to explore these types of alternative programs. There is no reason, there can never be any reason, to build more Atticas. ... — — * * * ALL LAW STUDENTS * * * Student Activity Fee Waiver Applications Pick-up: Monday, 9/21 Return by: Friday, 9/25 Available at SBA office, O'Brian Room 101 2 Opinion September 17; 1981 things, left little time to enjoy the wine and cheese'party to its fullest. Spreading these activities a bit more evenly over the two days would have alleviated some feelings of distraction and exhaustion, However, the general consensus of first year students I know was that the orientors greatly eased apprehensions and misconceptions. The feel- ings of congeniality continued through the second day of the program, culminating in a party at Rooties. Denise Balan Law Review Announces New Staff To the Editor: Richard Alexander, Susan Arx, Keith Bond, Victoria On behalf of the Buffalo Brieant, Linda Casciotti, Joe Law Review, I would like to Cavan, Chris Desmond, Alan welctJme back all returning Friedman, Wayne Cradl, Judith law students and extend Holender, Mary Home, greetings to our new incoming Cathryn Jackson, Ruth class. We are pleased to an- Keating, Robert Lane, Jane nounce that the following Markle, James Mayer, Raystudents have accepted invita- mond McCabe, Caitlin McCortions to become Associates of mick, Alan McCracken, Ron Mendrick, Rochelle Reback, the Review: yon Barbara Schifeling, Stephen Sheinfeld, Leonard Singer, Alan Solarz, Enid Tanenhaus, and Ron Weiner. We wish all law students a successful and productive school year and good luck during the interview season. Ed Flint Editor-in-Chief Statement of Opinion Policy and Principles The Opinion is the student run newspaper of the State University at Buffalo Law School. Holidays, exams and finances permitting, the Opinion will be distributed every second Thursday throughout the school year. Editorial decisions are made by the Opinion Editorial Board. The Board is elected by Opinion Staff, who are those persons who have had three or more articles or graphics published by the Opinion during the course of the school year. These elections are held towards the end of the spring semester. The Opinion welcomes copy from all those who care to submit it. Deadline for printed material is Wednesday noon, the week prior to publication. All articles should be typed, double spaced. The Opinion would like to increase its revenues this year. In furtherance of this goal, the commission on the sale of an advertisement has been increased to 25%. Interested students may pick up rate sheets at the Opinion office, Room 724, O'Brian Hall. �New Reagan Bills Affecting Student Loan Programs by Joe Ruh This is the first of a series of columns I plan tarun in every edition of the Opinion. I will use this space to highlight recent developments in the financial aid area and answer the questions most frequently asked at the office. If you through your law school career. Some of the obvious changes are summarized below. ■ 1. Origination Fees If you had not received your promissory note from the bank by August 23, 1981, then your lender has the authority to take 5% of the total amount of the loan off the top before disbursement to you. The lender will apply this amount to reduce the government's cover the interest are in school. payments to while you Therefore, if proved for your loan was ap$5000, and you hadn't signed the promissory note by August 23, the check you get will be for $250 (5% of $5000) less than your room- mate who received his check would like a particular area before the deadline. covered in this column, stop 2. Limitation of Eligibility by the office or leave a note in The new law provides for an my mailbox, No. 785. Guaranteed Student Loan Pro- gram (NYHEAC) On August 13, 1981, President Reagan signed, the Postsecondary Student Assistance Amendments of 1981. The effects have already been felt and will affect you income test to determine for federal eligibility guaranteed student loans. This provision will apply to all loans on which the Main Street Financial Aid Office completes Section B of Ihe application on or after October 1, 1981. The Main Street Financial Aid Office is tasked with making I -rue opinion] —i— (X* *°*r/rvs y / >**] f r Close But No Cigar As OPINION Fails To Win the had by R.W. ■ I i Peters wit, that Opinion been selected best newspaper, and Editors and staff of the further details regarding this Opinion luxuriated for a week matter would soon be forthor so in the belief, albeit a false coming. one, that the Opinion had been Had Ms. Murphy remained selected by the American Bar in her seat a few seconds Association as the nation's longer, she Would have no best law school newspaper. doubt been informed that the The basis for this misap- Opinion being accorded this prehension was a short, hand- great honor is that paper written note, scribed by one published by the William MitLisa Murphy. Ms. Murphy, cur- chell Law School of East rently a resident of Brooklyn, Podunk, Minnesota. (The New York, is the Second Cir- wierdness of this entire incicuit Governor of the ABA/LSD dent reminds this writer of the (the LSD does not indicate Ms. classic Star Trek "parallel Murphy's drug of choice; it universe" episode.) merely is an abbreviation for Such is the story of the great Law Student Division). Ms. Opinion award hoax. Not take her not one to Murphy, tale, but it made of a much duties lightly, attended this things somewhat interesting newspaper year's ABA/LSD for a few days this summer. awards ceremony in Chicago, Finally, lest (Cod forbid!) it it was announced that there the Opinion had won the be said we of the Opinion, New much-coveted ABA/LSD Best York variety, are poor sports, Law School Newspaper Award, the entire staff of the Opinion or something to that effect. would like to extend a hats off Ms. Murphy, in her joy, beat a to our comrades-at-typewriter hasty retreat from the awards in far off Minnesota. Conarena and dashed off a little gratulations for a job well note to this writer, stating, to done. IF'you submitted your apgifts or financial support of the need determination. NOTE: The Main Street plication after August 1, and any kind valued at more than Financial Aid Office does not have not talked to me or been $750 for any of the years 1980, yet know HOW they will make contacted about it by me, your that need determination. Most chances are NOT AS GOOD. If likely, the Higher Education you have spoken to me, your Assistance Corp., in Albany, chances are back up to GOOD. will promulgate guidelines. IF you submitted your apThey have not done this yet. As plication after September 1, soon as the criterion is your chances are POOR. Don't available, I will print it in this bother to try and rush it column. through unless your excuse for The following guidelines are being so late is unique. See me generally agreed on: for excuse evaluations. a) If your adjusted gross inNOTE: If you fall below the come (or your folks' if you are $30,000 limit, it doesn't matter a dependent [see below]) is whether your application is below about $30,000, then you processed before OCTOBER 1. will see no change in the loan Your eligibility remains the availability or your eligibility. same. b) If your adjusted gross income (or your folks' if you are Dependency/Independency a dependent) is above $30,000, First of all, until the then the amount of your loan NYHEAC loan needs criterion eligibility will be reduced in mentioned above are publishproportion to some formula to ed, I'm not sure exactly what determine the amount your independency rethe family or you would be ex- quirements are going to be. pected to contribute. Until this However, for planning purformula is promulgated later poses, the following checklist this month, I cannot be more is suggested. specific or give individual To be financially indepenestimates. dent of your parents for the haven't If you already year 1981-82, you. thought of it, there is an ob- school 1) should not be declared a vious question: Will my application get out of the Main dependent on your parents Street Office before October federal or state tax returns for the year 1980 and 1981. 1? 2) should not have lived with Here's a Good Question. your parents or in a house or checklist. IF you submtted your loan apartment paid for by your application to the law school parents for more than 6 weeks before August 1, your chances in 1980 or 1981. 3) should not have received are GOOD. . 1981, or 1982. These restrictions are severe and may not apply when the final regulations concerning NYHEAC loans are published. I borrowed these from the TAP regulations as a guideline. DO NOT quote this column to me after October 1 when the actual guidelines will be available. TAP/SUSTA TAP is currently unaffected by the federal budget. You may apply up until March 31, 1982 However, if you wait until after January to apply, there is an excellent chance that even if you receive the maximum award ($300) for this semester, there may not be enough SUSTA- money to award for the Fall semester. MORAL: If you think you are eligible, apply now. Applications are in my office. SUSTA is not something you can apply for. SUSTA is a program specially created to help mostly law students. The rules are simple. If you receive the maximum TAP award for any semester when SUSTA is available, the Office of Student Accounts will automatically (no application needed) credit your account with the SUSTA award which has been determined for that semester. Currently, the award is $600 per semester. Metamorphosis Of A Law Student by Rick Roberts Characteristic First Year Second Year Third Year Shoes dirty Adidas top-siders wing-tipped Shirts ripped Grateful Izod sweater over overly starched Dead T-shirt button down shirt white shirt with outdated tie Facial Hair considers trimming beard considers growing back mustache considers cutting nasal hair more Favorite Drink Miller Mateus Martini Favorite Musician Springsteen Neil Diamond Sinatra Pause-Filler ".. .like, y'know..." ".. .it seems to me..." ".. .well, in essence, what we're dealing regularly with..." "Scientific evidence has clearly established that it causes sterilization in males and brain , damage." Views on Marijuana "I'm trying to cut down." "National decriminalization legislation is inevitable." Favorite Magazines National Lampoon, T-V Guide Time, Business Week U.S. Law Week, Foreign A ffairs not being called getting a good summer making partner in eight years Romantic Dilemmas "P.J.'s or the Grill?" "Seeing my girlfriend is becoming an imposition on my work." "When should we Personality neurotic: "I'm so confident: "I'm so smart!" neurotic: "I'll never get a job!" Ambitions I on in Criminal Law job have kids?" dsfdsfsdf dumb!" September 17,1981 Opinion 3 �Moot Court Schedules He>f U»K«f» IMS tjrn\r>i*j\ He ge+ Desmond Competition The Law School Moot Court Board will once again host the Judge Charles S. Desmond Appellate Moot Court Competition for second and third year students. The problem will be handed out at a general information meeting for all interested participants on October Ist, and the culmination of the competition will be the final round on Saturday, November 14th in the Moot Court Room. Judge Charles S. Desmond, former Chief Justice of the New York State Court of Appeals will preside at the final round, along with Judge Matthew Jasen, a U.B. graduate, and current New York State Court of Appeals Justice. • The Honorable Judge M. Dolores Denman of the New York State Supreme Court, and past president of the U.B. Alumni Association, will also be a member of the final round panel. The schedule for the competition is as follows: October Ist: problem available, and general information meeting; October 7, noon: due date for outline of argument; October 9: outlines returned by 5:00 p.m.; October 21: rough draft of brief due, or letter of intent to complete; October 30: final briefs due; November 2-5: practice rounds; November Mm 10-12: preliminary rounds; November 13: semi-finals; and consists of Lynne Monaco, Director; Andrea Roth, Assistant Director; Mark Pullano, Secretary; and J. Alex MeQuiston, Treasurer. .-Professor Kenneth Joyce "is faculty moderator of the Board. h tL v U.B. Law School Hosting Human Rightsthe Colloquium States courts. On October 30-31, 1981, Law School will be hosting a On Friday, September 18th Colloquium on International at 1:00 p.m., there will be an Human Rights Law and Policy. organizational meeting for all Participants include both na- students who would be intional and international terested in volunteering their authorities and topics include services for the colloquium. the role of human rights in Students will be needed to act United States foreign policy, as guides for the various the relevance of the distinction speakers, act as ushers and perbetween authoritarian and form other assorted chores. If totalitarian regimes and the ef- you have any questions, please fect of "quiet diplomacy" and see Judd Ryan or Caitlin Methe role of international Cormick. human rights law in United Happy Rosh Hashanah 4 Opinion September 17,1981 v ' i / .r . [If| TO e* L J| 4CMSOt< \f& \ / Conference On Psychiatry And Law — BUFFALO, NY. A conference on "The Reciprocal Use and Abuse of Psychiatry and the Courts in Civil and Criminal Proceedings" will be held September 24 from 8:30 Pullano. The executive committee a.m. to 4:30 p.m. at the Cowanfor the 1981-82 academic year, da Psychiatric Center in fliVjfaTEeviEW 1 ge \K1 >/ «n"H '»rq Vm —& November 14: final round and awards dinner for all judges and participants. The Moot Court Board will hold an open house on Tuesday, September 22 from 10 a.m. to 4 p.m. in their offices for all faculty and students who are interested in the competition or other Moot Court activities. In addition to hosting the Desmond Competition, the Board sponsors the Mugel National Tax Competition each year in the spring for students from other law schools. Members of the Board also compete in Moot Court competitions hosted by other schools. Currently, two teams of three Board members each are busily preparing for the regional rounds of the National Moot Court Competition to be held in November. Representing U.B. at the regional competition will be Greg Dalton, Carmen Crullon, David Kimpel, Cathy Lojewski, Glenn Pi.ncus, and Mark deo/j u>kyj Xx I Helmuth, NY. The purpose of the conference is to identify factors that affect the interaction of psychiatry and the courts in civil and criminal proceedings. Members of the health, academic, judicial-legal, the Nassau County Department of Mental Health, will deliver the keynote address. "Recent Changes in LegislaAffecting Forensic Mental Health Care" will be discussed by Paul Litwak, deputy commissioner and counsel with the New York State Office of Mention tal Health. Colin C.J. Angliker, MD, director of the Whiting Foren- Bth Judicial District and a Supreme Court trial justice; Jean B. Jackson, chief of the regional forensic unit at Gowanda Psychiatric Center, and Roslyn Kantor, administrative director of the Division of Forensic Services at Nassau County Department of Mental Health. Sponsors of the conference the are the Gowanda Psychiatric sic Institute in Middletown, Center; the Department of Conn., will speak on "The Use Psychiatry and the Department of Clinical Facilities by the of Continuing Medical EducaCourts." tion in the School of Medicine political and correctional The use and abuse of the at U/B; Continuing Nurse law and psychiatry will be Education in the School of systems who attend will examine the psychiatric, discussed by four panel Nursing at U/B and the Contipsychological, social and legal members: Martin J. Littlefield nuing Education Program in methods used in the pro- Jr., chief of major offense pro- the School of Social Welfare at ceedings and how they in- secution, Criminal Carrier Unit, the State University at Albany fluence the practice of mental Office of the District Attorney, The registration fee is $15. Erie County; the Honorable More information can be obhealth. A. Louis McGarry, MD, Theodore S. Kaiser, supervising tained by calling 716-532-3311, director of forensic service at judge of the criminal courts. ext. 553 or 301. Tnnii-e will IOpiCS Will inriuHp- UICJUae. - DnM I. Hvaroe Professor, University of Te«as School of Uw Human Rights Policy and Foreign Affairs of human rights in U.S. foreignpolicy •• role relevance of the distinctionbetween authoritarian and , Direc,o, Pro™*"™! Aspects o< InternationalUw SSl*™ institute International Hitman Rights Law in Domestic Court* Professor.'University ofVirginia School ofLaw totalitarian regimes and theeffect of "quiet diplomacy" be j!™ra txtta }Jt linl 1 O CT • countries rights observance ands%L their human"^""V^Z * of international human rights norms in recent U.S. • use decisions and in those of other countries on the future impact of human rights on • peispeillyes ma Ue Uw * * Marc Bossay! of Antwerp, ISndlwcr, U.N. ■ niftiiof, UfttVCfvtyPrevention of Di.crimin.tion and OfXi. WWilnfton School of Uw, Amtricu, Univmity. Judp, Inter-American Court of Human Rights mbe-cmos] Vk|Ma A U«ry Professor, Sute Unhrentty of New York at BuffaloUw School Ronald Mellier Professor. Political Science Department, Sute University of New York at Buffalo ah** m Council on International Studies. Professor, History Director. Department. University Sute Colloquium participants include: - Pronator. Queen's University. Faculty «f Uw. Kingston. Ontario, Canada Hunl HMmum PatrldaDtrllli Formtr Assistant Secretary of Sute for Human Rights and Humanitarian Affairs of New York at Buffalo *<***, b. o>™, Partner, Covinjton and Burling Amy Youftai Anjiujjitu ExecußvTDirector. InternationalHumanRifhti Law Croup •""*■"" "U """"""I Co-sponsored by: Jacob Blauslcm Institute for tht Advancement of Human Rights Conferences in tht Discipline. (SUNY/Bu«.lo) Council on Intemallorof Sludk. (SUNY/BuH.lo) MitchellLectureship (SUNY/BuH.lo Uw School) Student Association Speakers Bureau (SUNY/BuH.lo) The Sute University of New York at Buffalo Uw School is pleated to present this colloquium SI JNY/Buff.lo has had s long-standing interest in international human rights. It presently has the only international human rights law clinical program in thecountry. �Opiijioif Secruitiqeqt Party Thursday, Sept. IT Soon? 724 Beer, Pizza, aqd Other Goodies will be served fiiqe: 11:00 ajq. &11 Are Welcome — international Law Society open house Wednesday, Sept. 23 Room 604 —Vo&ka, pickles, an6Wings— - 3:30 p.ip. Please Stop By Tbe Moot Coaßt Boaßd uoill bold an OPEN HOUSE on Tuesday, Sept. 9.9. in tbeiß offices in O'BRiao Hall —will Be seßved— Come One, Come ail no one Refused entßy on basis of Race, CRee6 or qen&eß. See you theße. - Copfee and doagtanats cuill be seßoed 1O a.m.—4 p.m. All ioteßested stadeats please stop September 17,1981 b^. Opinion 5 �STAN CHESS, Director of BAR/BRI Will Discuss the NY Bar Exam TODAY September 19 Room 106, 1:00 p.m. FREE Pizza, Coke & Beer Proposed changes in the New York Bar Exam format may require a third day of testing. Mr. Chess will discuss the implications of the proposed ethics portion of the exam as well as addressing the bar exam and review courses in general. DISCOUNT DEADLINE THURSDAY, OCTOBER 15 SAVE $100 BY ENROLLING BEFORE THIS DATE. Discount Price for All First, Second, and Third Year Students: $475 plus $45 refundable book deposit. A deposit of $150 freezes the course price at the discount rate, with no additional money required until the course begins. [~L / Buffalo Representatives: sO-ins*fk [Lj]\(JJllw JW m m The course taken by more people studying for the NY exam last year than all other courses r-nmhinoH comomea. 6 Opinion September 17,1981 Orestßedrij Dana Cowan Carol Cramer Rocky D'Aloisio Ellen Dickes pat D °°'ey Mike Doran R h . . John Feroleto " Pau|a Fefo|eto Arthur Scott Garfinkel Tanya Harvey Lori Marian Ruth Pollack Cheryl Possenti Christopher Reed Aldric Reid Steve She.nfed Mark Suzumoto Richard Roberts Karen Russ �Loophole byhalmalchow UB Law Students Invade European Continent by Joyce Funda quick to criticize." "Another thing that was reai"I agree," said Barbra. "I ly strange, we were headed for While many U.B. law went to England with the usual West Berlin through East Gerstudents were spending the American chauvinism and my many when the train stopped past summer months working; perspective on the U.S. role in at about 5 a.m. and you could going to summer school, tidy- world affairs has definitely see guard towers all over the ing up resumes and/or taking „ ,-, , place.UnifprmecLjjgards were advantage of perhaps their last "I was surprised by the pacing slowly up and down the and chance to spend three months English Irish length of the train, while dogs of checked underneath it." in the sun, five second-year peoples'awareness students made a"Crand Tour" American politics* and em"Later, I was going through of Europe. barassed by my own ignorance the checkpoint between East Marsha Koretzky took a law of European affairs. I was also and West Berlin tarrying a" though I guess I copy of Let's Go Europe," said course in Oxford, Cindy surprised to find Glen, "(all Americans carry Kanterman and Barbra shouldn't have been Kavanaugh attended a similar that important distinctions bet- Let's Go Europe), and the program at the London School ween classes do exist in guards inspected it page by of Economics, Lisa Hobika England and, to some extent, page, especially checking any written notes in the book combined travel with a self- in Ireland." taught "intensive course in Marsha, who took a course both on entering and leaving European art," and Glen Burns at Magdelan College, Oxford East Berlin." made his second trip to the University after five days of Cindy also learned about an Continent. travel through Scotland, added aspect of the political reality Cindy, who spent three that she "thought there were of life in Northern Ireland from weeks traveling by rail through more frustrated people, more a woman who had grown up in Europe before attending the people who felt trapped in Belfast. "Ursula worked in the dorm six week course in London, was their class in England than at we stayed at in London. She able to stay for a week with a home." Clen, who traveled with had worked in a Catholic area Parisienne family. "I found that the middle class is the "whoever I met there" for 56 of Belfast and was going home same all over.* I expected days, had memories of a more to another Catholic district Europe to be different, but it's anecdotal type. late one night. She decided to not at all." He recalled his trip to West take a shorter route through a Yet Lisa, who traveled in and East Berlin as "pretty Protestant section and was bones Europe for seven weeks after unbelievable." "It was strange really beaten up first flying into Rome, did to see people our own age and broken, teeth knocked out, the notice at least one difference realize that they've never been whole thing." Lisa's trip, however, was in the people she met. "People to West Berlin, and would proare much more attuned to bably never be allowed to go, concentrated more on Euroworld events. I'm talking about while we can go back and pean culture than politics. me, it was like taking —^_ the young people, they're forth." ~ — — — — Orientation 1981. Berger Lee by phot s an intensive art course. We went from city to city, only spending 1 or 2 days in each, trying to see all the museums and everything. I had heard all my life about the beautiful artwork over there. When you go and See it yourself, you really know what they've been talking abdut." "I think that was the best way to go. It was really a good overview and'now I know'the' places I'd like to go back to and explore in depth." Barbra, on the other hand, spent almost six weeks in London and found that "I enjoyed getting to know one city very well; its theatres, restaurants, museums and side streets much more, I think, than more cities less completely." "I was only able to spend three days in Dublin, and found that I was overwhelmed and frustrated by the many things I wanted to do and see .. English tutorial system and is taught by English Dons." The English system of legal education combines almost voluntary lectures with small, mandatory tutorials. "The London courses were almost all taught by English professors," said Barbra, "and one of those professors was particularly critical of the American 'Socratic' method of legal education. He felt it a sort of 'hide the ball' type of teaching, and wasted too much time which could be spent discussing the actual reasoning behind the policies for a decision, and its impact on a body of law." "However, he did admit that, as English law students start their legal education at 18, that this more straightforward style of teaching may work better with younger students without a four year academic background before they enter law school." and couldn't." The students who took part When asked about how they in educational programs also felt to be back, most of the had different thoughts and students had the same feelfeelings about those exings. periences. Lisa said that "when I was Marsha took a course in there I couldn't wait to come Comparative Environmental home, but now that I'm here, I Law, but was disappointed that can't wait to go back. It's an the professors were American, endless cycle." and that she did not have an Barbra agreed, and added, opportunity to contrast the "I've changed from one of English and American teaching those people who could never styles. really understand travel for its "The course was less comown sake to one of those peoparative than it was American pie who arrange their lives law, although that may be around getting back to because more is being done in Europe." the United States." And as for Clen, "I'd rather "The San Diego program, be in France picking grapes which I was on, is a good one, right now." but there's another program out of Santa Clara Law School Recovery, with a big difference for people interested in going to Oxford for Oxford," Marsha advised. "That program uses the .. Speedy Frank! September 17, 1981 Opinion 7 '" �Sports Fan Makes Pigskin & Horsehide Predictions by Steven Getzoff Obviously no column should begin this fall without a brief discussion of the eight week phenomenon that nearly ruined the summer. I say near- appeared more and more as an attempt by the management to "break the union." Credit this shift in sentiment to Mr. Crebey, from the Ronald Reagan school of compromise. Fortunately, when the beloved strike fund (which provided many owners with a greater profit than the scheduled games could have) was about to expire, a settlement was reached. A six figure fee should go to any lawyer who can interpret the entire agreement correctly. Still not completely satisfied, the owners reserved the right to ruin what was left of the season, which they did with a vengeance. After a deep philosophical debate led by ry because most of us were able to pass the time without our favorite pastime. Some turned to other summer sports, while others graduated from spectator to participant, finding outdoor activity far more invigorating than a day in the armchair. For those of us who are true die-hard baseball nuts, cable television provided a steady dose of the Paw Sox (they were), the Tides, the Red Wings, and the Clippers, whose level of play could put the Yankees to shame. Last of all (I should say least of all), were the Bisons, who consistently filled one box on the first base line. Regardless of the manner in which we spent our summer, everyone had their own philosophy on the matter. To many, what had started as a complaint by a group of overpaid, overpampered athletes Tom Laßusso (a lawyer, of course) on whether winning is losing, the usual season format was adjusted. Several teams have made the most of their new life (e.g. Houston). Mets II seem to be fading, while the Royals should win their division by default. Mr. Frey was disposed of by Kansas City (one pennant per season isn't good enough these days), while George has again displayed his total lack of class by firing Gene Michael. This is the second time in as many years that George has shamefully mistreated one of his managers. Both Michael and Howser were Yankees long before George knew what the word meant. Michael simply requested that the constant harrassment cease and that he be treated as a manager, not a puppet. Unfortunately, to George, who has consistently proven himself to be a disgrace to the Yankee tradition, the world is composed of only owners and puppets. * * the incomes of our sports heroes, the New York Times did an interesting expose this summer on the discrepancy between the salaries of basketball and football players. Of course, it never occurred to the Times that the true underlying cause of the difference is the fact that a football team has a payroll roughly four times as long. Still, Buck Williams is not worth 2.5 million. Neither is Albert King for that matter, unless his contract includes breeding rights after retirement. No ten salaries, however, can compare to the compensation to be received * * Concerning by Magic Johnson. In fact, rumor has it that if he chooses to run for the presidency, the Lakers promised to finance his campaign and put his children through law school. * * * * At this time of year, it is incumbent on every sportswriter and fan to forecast the outcome of the upcoming football season. Having spent several hours in the armchair in careful deliberation, I have reached the following conclu- sions: AFC East: The finest linebacking crew in the league will keep the Bills in most games until Ferguson can put some points on the board. New England has the most potential in the division, and a consistent record of not living up to it. Miami won all four preseason games, but that and $13 will get you into a Bills game this year. AFC Central: Cleveland is by without Vince but will go the class of the league offen- no further than last year, while sively, and should win any Joe Montana will make San game in "which they give up Francisco look almost respecless than three touchdowns. table. * * * * Houston struggles by without Football is also being played the Bum, while Pittsburgh fades rapidly. The Bengals, north of the border, and however, should not be taken Feragamo and a few other NFI "stars" have found that the too lightly. AFC West: San Diego will competition up there is as dominate with or without J.J. tough if not tougher than in the They still have the most NFL. There are several teams awesome passing game in foot- out west (Edmonton and ball. Plunkett had his glory British Columbia, to name year for Oakland, and like two), who could do more than Craig Morton, will soon fade hold their own in the NFL. We better begin to apinto mediocrity. Kansas City is young and confident, and will preciate Canadian football, for cause a lot of problems in the next year that may be all we division. have. The NFL Players AssociaNFC East: The best defense tion intends to strike unless in the conference will provide they get a larger share of the Jaworski with enough easy gate, and are compensated for scoring chances for the tagles, every conceivable injury short while Dallas, without Roger's of a household accident. We last minute heroics, will fall a should rest at ease, however, game or two short. Washington because even if there should pulled a couple of running be a strike, Jack Lambert has backs out of the NFL archives, said that he will cross the but hasn't got the firepower. picket line and play football NFC Central: The Vikings next year. love the cold weather, which means they should win most * * * * accustomed to winning not to repeat in the Division. Detroit and Chicago will each go as far as Simms and Payton can carry them, while Green Bay benefits from a schedule that pits them against the Giants Finally, this week's malpractice suit is brought against Walt Michaels, the Jets head coach, and his offensive assistants for their play calling in last week's game against the Bills. Without taking anything away from the superb Buffalo defense, it still must be acknowledged that many of twice. NFL West: If anyone can unseat the- Eagles it is Lehmann's boys from Atlanta. They have outstanding personnel at the skilled positions and drafted as well as anyone this past April. The Rams will get sistently played right into the Bills' strength, especially on key short yardage possession downs. home games played after Labor Day. Bud Grant is too the Jets' troubles were due to a game plan which was predictable and not innovative, by which the Jets offense con- The Annual OPINION Recruitment Party and Open House will pc held Thursday, Sept. 24th. A keg of beer (domestic) will be tapped, and several pizzas will be set out. All those harboring journalistic predilections should attend. We can't publish without your help. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-09-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 22 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/17/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c44fc3e8216704b670738fc74d3b05a4.pdf 79b25b82648cbcf6c2c8ed516640bc36 PDF Text Text First Year Students Prefer Orthodox Course Load by Steve Getzoff Two thirds of the first year students responding to an Opi- nion sur/ey disapproved of portions of the experimental curriculum' used in their respective sections. ter off having taken the Auto Safety course. In spite of the numerous jokes from his students last semester indicating that they were being led to assume that no one ever is injured except in an auto collision, the Dean felt that the automobile accident approach is currently the most appropriate way to look at the The courses involved in the study were Dean Headrick's Auto Accident and Safety course, Professor Boyer's Ad- field of torts. The Dean did agree that ministrative Process class and several basic tort areas were Professor Cartwright's Legal Ingiven little or no attention, but stitutions class. felt that the principles learned The Dean's Auto Safety regarding auto accidents course was approved by 40% would be applicable in most of of the responding Section I these areas. He defended the students,, while 60% would course as being "real world have preferred a more tradi- oriented" as opposed to being tional torts course. Dean "hornbook oriented." Headrick, however, maintainThe same basic points were ed that his students were bet- raised by the Dean in defense Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 of Professor Cartwright's Section 111 Legal Institutions course, which received an abysmally low approval rite of 10%. The one bright spot in the new curriculum, according to the students' responses, was Boyer's Professor Administrative Process course. The course was approved of by 75% of the Section II students responding, many of whom felt that it will be a most useful course in their future legal careers Professor Boyer's class is certainly the least experimental of the three involved in this survey, in that it is not a novel'offering at Buffalo Law School, nor has it replaced any of the standard courses generally given to first year law students. cess, he will not be teaching it In spite of their overall next year and consequently it disapproval of the Auto Safety will not be available. Professor and Legal Institutions courses, Cartwright's course will be of70% of the Section I and 111 fered as an elective and the students felt that these courses number of students selecting it would either benefit, or at the could provide a very inworst have no effect on their teresting assessment of the future legal careers. The Dean, concept. Professor Boyer's in concurrence with this class will be offered in the result,stressed his belief that it form of an Administrative Law is very rare that a student's course to Sections Hand 111 of legal career and development the intoming first year class. will be significantly hindered a course. by single Generally, this survey which He did feel, on the other hand, that an ex was responded to by 40% of. perimental course can often be the first year class (a typical of substantial benefit to response to surveys of this students by opening them up nature) indicates that the students are much less willing to new concepts and more conto experiment with new contemporary ideas. cepts in their introductory curAlthough the Dean felt his riculum than is the Dean and Auto Safety course to be a suc- faculty. - Opinion Opinion John Lord O'Biian Hall SUNY/B. North Campus Buffalo. New York 14260 "The function of a free press is to comfort the afflicted and afflict the comfortable." — H.L. Mencken I Volume 21, Number 11 State University of New York at Buffalo School of Law April 23, 1981 Tenure: Is This The Final Academic Frontier? by Frank Butterini Where you stand depends on where you sit. —Miles' Law "It works best when faculty take a full sense of responsibility and accountability. In other departments they pass the buck and it leads to chaos," proclaimed Dean Headrick in his evaluation of the senior law faculty's role as the lords of tenure. Tenure. For some faculty members tenure is an official birthrite into the world of scholars, perhaps the individual faculty member's only explicit recognition of his achievement. It is also the academic community's means of creating a living legacy and, perhaps, the best chance of ieaving a lasting mark upon the*'minds of the institution's ' future generations. This semester has seen junior faculty members Richard Bell, Marshall Breger and Bliss Cartwright arrive at the stations of tenure, and SUNY administration. The final, formal stop is on the desktops of the Board of Trustees. But faculty consensus has it that the most crucial hurdle for tenure candidates is the evaluation the candidate must undergo before his colleagues on the Faculty Committee. This evaluation is then forwarded to the UB heirarchy. According to Professor Jacob Hyman, the law school is generally- accorded great autonomy by the University administration in its evaluation process. According to Mr. Hyman, who was dean of the law school from 1953-1964, the nature of the legal world is different from that of most traditional academic disciplines and the heirarchy is usually deferential to the law faculty's evaluation of its peers. Yet while most of the current local debate seems to center on the merits of the faculty members currently undergoing their tenure rites, there has long been a nationwide debate upon the role and validity of tenure itself. It is a point of "argument that has pierced academic and administrative discussion for years. Reflecting one point of view in this debate is junior, law faculty member Richard Bell, himself a current candidate for tenure. In Bell's view "tenure is undesirable and unnecessary. Its protections too often encourage people to do sloppy work or no work at all and that's a cost that's not outweighed by any undergo the first round of the law faculty's tenured members. The question of whether to grant Messrs. Bell, Breger and Cartwright tenure has spurred some partisan hallway debate and has been the source of a few sharp-edged letters to the Law Faculty Tenure Committee, a committee which functions as the gatekeeper through the first station of the process. The stations of tenure are benefits." many, and they are located Such a camp of thought is along the main arteries of the shared by many. Any "armscrutiny by chair" sampling of the conver- sations floating through the law library lobby give testimony to the view that tenure protects poor and irrelevant teaching. This is a sentiment backed by some emsubstance. pirical UB Sociology Professor Lionel Lewis found in a recent study of tenure conducted at a northeastern "large university", that there was no evidence of any faculty member being denied tenure because of poor teaching. There has also been views expressed by junior faculty members that tenure simply perpetuates a privileged class of senior professors and a generally held belief that tenure is unnecessary for those with ability. "Its only justification is the protection of people from dismissal for unpopular scholarship or teaching, when," according to Bell, "the unpopularity may be no measure of its merit or truth." Bell anchors his view in the belief that today's society has taken on a pluralist composition which has permeated its policy decisions. The result is a social groupthink that is tolerant of the critical examination of ideas and the espousal of unpopular positions. Thus, in Bell's view, there doesn't exist the threats against academic freedom that perhaps existed in earlier days It was in fact such threats of dismissal made by the guardians of wealth upon emergent academic social scientists in the late 1800's that spurred the birth of tenure. • Mr. Hyman, who no doubt over the course of his career has seen the ebb and flow of ideological change, sees tenure as "important and necessary for academic freedom." Yet Hyman acknowledges that tenure does have its costs, particularly in making it difficult to jettison non-productive faculty and staff. An interesting alternative to the present system, that has been suggested, is the "contract for term" position. This concept premises its views on the belief that labor laws and negotiated contracts can protect the faculty member from administrative whims and also avoid the "dead wood" pitfalls of the current system. Proponents have cited court rulings which have held that peo- ple whose contracts are not renewed are entitled to a written reason for non-renewal, a hearing or both. Mr. Bell supports such an approach, feeling that those with ability would have nothing to fear, and it provides a good method of housecleaning. Yet Mr. Hyman noted that as faculty members work together and friendships develop, the normal anxieties, created by the on-short tenure ritual, may become chronic. Such a procedure may create "a constant source of stress" to both faculty and those who have to administer the annual process. For now we are left with a process that is admittedly less than perfect; an evaluation system, which like any evaluation system is open to subjective, value predilections and measurement schemes. One important tool noted by Dean Headrick, in helping to fill in holes of the tenure process is that of letters submitted by . students to the Tenure Committee, addressing the scholarly merits Of the tenure candidate. Though Mr. Headrick acknowledged that many letters are "perhaps not as useful as possible, he stated that a large number of them offer a detailed analysis of teaching style and other academic strengths and weaknesses. He observed that these kinds of letters have an "enormous impact" on the tenure committee and go a long way in filling in the broad holes of the process �Vol. 21, No. 11 Opinion April 23,1981 Editor-in-Chief Ralph W. Peters Managing Editor Larry Spielberg ■<, News Editor: Feature Editor: Photo Editors: Business Manager: Barbra Kavanaugh Joyce Funda Lee Berger Gary Games Frank Bolz Staff: Bill Altreuter, Alan Beckoff, Doric Benesh, Peter Bergenstock, Steve Gabor, Laurie Gross, Pat Jayne, Jim Kraus, Jay Marlin, Marty Miller, Joe Peperone, Mike Rosenthal, Bob Siegel, Edward M. Sinker Contributors: Al Bozer, Betsy Broder, Dana Brutman, Frank Butterini, Steven Getzoff, Amy-Ruth Tobol, Ellen Sinclair © Copyright 1981, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the fditorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Harvest of Confusion? Next year's incoming class is, once again, "one of the brightest groups of students we've ever had." This group of very bright students will begin law school, for the most part, expecting a traditional, "Paper Chase"-type of law school curriculum, and, for the most part, they won't see it here. A creative approach to legal education is desirable and exciting to be a part of, but we hope that the Administration will be more responsive to the inevitable frustrations and resentment of the freshmen "guinea pigs." Perhaps the rationale and expected benefits of the program will be explained before the halls are childishly papered with discarded and useless materials, before resentment arjd unhappiness with any one course or instructor erupts into classroom misconduct and large-scale absenteeism, and before the first year class reaches the month of April.feeling like manipulated, confused and inconsequential "guinea pigs," whose legal education may or may not have suffered in the search for the "Buffalo ModeL" Many of next year's changes seem to be aimed at relieving some of the problems and complaints of this year's freshman class. The controversial ethics course will be given during the second semester, rather than spanning both Fall and Spring semesters, and it will be extended to a two-credit course. An administrative law course, widely approved in an Opinion survey, will be offered in Sections 2 and 3, and the much-disputed Legal Institutions course will be offered enly as a first-year elective. The proposed sequential organization of Contracts, Torts and Property, and the combination "Contorts" course which will be offered to next year's Section 3, are innovative ideas which will enable faculty and students to look at those areas in a coordinated and integrated manner which will transcend the traditional boundaries between these subjects. Althodgh the proposed first year calendar, which allows for mid-semester exams coupled with a week-long break and the carry-over of Torts into the second semester, carries some unpleasant reminders of this year's.Ethics format, it can be seen as an attempt to lighten the work load of. next year's incoming class./ Although these changes come too late for this year's freshman class, if they are combined with a consistent, coherent explanation of the program's rationale and objectives, next year's freshman class should have a rewarding introduction to their legal education, only subject to the "normal" fears and anxieties. OPINION Recruitment Party "Bring Your Own Meat" Come to Room 623 for Further Details. Ex-Editor Stands by Editorial To the Editor: As a member of the staff and editorial board of the Opinion for the last three years, I have suppressed the urge to write a letter to the Editor, feeling it -best to express my beliefs in anonymity within the confines of the editorial board. Editorials being collective statements, speaking out alone acts to undermine a • newspaper's credibility. Elec- tions have been held, and thus I am free to speak unburdened by collectivism. Two weeks ago the Opinion published an editorial stating, "Bliss Cartwright should unequivocally be denied tenure." The editorial caused a stir as topics so controversial and explosive as tenure decisions had been avoided in the past. The faculty responded with a resolution in which they "deplored the actions of the Opinion editorial staff both for its misapprehension of the faculty's concern with teaching effectiveness, and also for extreme insensitivity to the special concerns of anyone undergoing tenure review. " Thus, the Opinion editorial was attacked on two fronts. . As to. the faculty's first point, the editorial did state that "too much emphasis has been placed on a professor's capacity to publish, and not enough on his or her ability to teach." While this may well have been a "misapprehension" of the faculty's concern, it was, however, the collective belief of the editorial board. After an examination of past tenure decision we concluded that more weight should be attributed to teaching ability. In our editorial we simply stated our belief. As to the faculty's second point citing the editorial staff's inaensitivity" for making public its feeling on the ability of a professor up for tenure, the editorial board "extreme deliberated for endless hours whether or not to address the topic in editorial fashion, and if so, how strongly to word it. There is no doubting the fact that someone can be hurt when an editorial is printed. This possible hurt, however, is law student body. So one must ask what this faculty censure means? Is the faculty merely coming to the aid of a wounded colleague? If so, camaraderie is surely an admirable trait. But is there more to it? Is it a to to the Opinion to" steer warning what is be unity in deciding printed. This was more than clear of uncharted seas? Will the faculty and administration adequately done. left now demand final say as to Opinion has past the In tenure decisions to the faculty. what is fit to print? Maybe The faculty must live with the strong-arm tactics will be used newly tenured professor for to convince the SBA to slash eternity; the law student is the Opinion budget? The merely a transient passing future is unknown. What is known, however, is through these hallowed halls. Thus, as a rule, the editorial that the Opinion took a stand board agreed that tenure is a on a controversial issue and faculty decision and has, in the finally became a periodical past, refrained from editorial more resembling.a newspaper comment. However, never in than a newsletter. The key is balancing. At the past has there been such a tumultuous outcry of opposi- times in journalism, as in the tion to a candidate for tenure legal field, the individual is by the law student body. The sacrificed for the benefit of the Opinion, as the mouthpiece of community at large. Sensitivity are the law student body, felt it and responsibility proper to annunciate the necessary attributes for the journalist. This, however, must resentment it perceived. How can the faculty, en not mean that all sensitive bane, accuse one of insensitivi- issues must be avoided. ty in the production of an end Bob Siegel product without ever looking into the depth of the deliberations preceeding that end product? Thus one must conclude that the faculty feels any editorial mention of a tenure candidate is taboo. This posi- To the Editor: tion is absurd. Receiving The Faculty of Law and tenure is of huge importance to a professor. It provides him Jurisprudence of the SUNY at but one factor to be* considered. Since an editorial, by definition, can never be neutral, someone or something is bound to be affected. The responsible and ethical journalist weighs the possible hurt against the interest of the corn- OPINION with security and an at- Buffalo,. Opinion April 23, 1981 ~ ■„... ,„ ;..,., editorial in 'the mosphere of academic April 9, 1981 edition of the freedom. It is also, however, of on the inmajor importance to the law Opinion commenting stitutional criteria extenschool student body. Many a on the and ding tenure professor loses his freshness, creativity, and motivation suitability of one of its upon receiving tenure. It is members for tenure; and having provided each very easy to become delinstudent with the opportunity on quent and rest one's laurels. to express his or her opinion Being of such import, the law tenure candidacy concerning must student's voice be heard. to the Promotion and. Tenure Tenure Committee requests for Committee,. done having, and letters have sufficed in the past. But when-student uproar so tra,ditiqna|Ty'| Jong before, it is so one-sided arid vocal as to was. generally.. customary, and be echoing in the halls Of required in this University,, and O'Brian, a student newspaper reaffirming our .continued has a duty to merge these commitment to provide such separate, but similar, com- an opportunity; deplores the actions of the plaints into a collective stateOpinion's editorial staff: both ment. No one has charged the editorial staff of the Opinion for its misapprehension of this with distorting the views of the faculty's concern with teaching effectiveness, and Noting an Treasurer Thanks Aides To the Editor: The $BA recently approved the budget for the next fiscal year. The budget was the result of a lot of hard work and spirited debate by the spokespersons for the organizations and the members of the SBA Finance Committee. The budgeting process is traditionally the most frustrating experience undertaken by the SBA. For their support in cooperating to also for .extreme insensitivity to the special concerns of anyone undergoing tenure make this year's hearings ex- review, and thus the peculiar ceptionally efficient, I would inappropriateness of such like to publicly acknowledge public comment. the efforts of the student organizations who appeared James B. Atleson Barbara Blumenthal before the Finance Committee Alfred Konefsky Also, special thanks are owed to Sylvia Fordice, Mike Janet Lindgren Wiseman, Scott Oakley, SherJohn Henry Schlegel Philip Halpern win Suss, Rick Roberts, and Larry Baer whose dedication as Robert Berger Virginia Leary members of the Finance Committee made my job infinitely Nils Olsen easier. W. R. Creiner Wade Newhouse Paul J. Spiegelman loe Ruh Next Opinion Deadline: SEPTEMBER 9th, 12 NOON The new Editorial Board intends to continue the Opinion's policy of commenting on all issues it deems appropriate. 2 ., Questioned , �T.A.s Speak of Experiences by Amy Ruth Tobol First year students are breathing a collective sigh of relief as final oral arguments signal the completion of their research and writing courses, but many of the teaching assistants view the course as a rewarding and valuable experience for both themselves and the students. Wendy Fechter, a Section 3 T.A., said that she was very glad she took the job and called it "the best experience this year," and Hatem El-Gabri, also a Section 3 T.A., called the experience an "overall satisfying one. It's something that as time goes by, you're not sure how it will turn out until you see the final product," although he did see significant improvement in each student, and felt that they should be congratulated. "If you don't achieve your goals," said Mr. El-Gabri, "you tend to blame yourself, but, conversely, when you do, there's a great deal of satisfaction."'. .•--• ■' ■ .'.•.•.' Bob Elardo, aSectionl T.A., agreed that he enjoyed the contact he had with first year students, especially during the individual conferences where he had a chance to more fully discuss a student's work. "So much of what goes on is based on one-to-one contact, but the burden is on the students to .decide if they want to spend time with their teaching assistants, discussing pro- the job is not really that of peer advisement, that sort of is a part of it." Professor Nils Olsen agreed that to give students an opportunity to meet in small groups blems ." with successful upperclass Mr. Elardo also felt that students can allay their fears establishing a fr,iendly rapport about law school and help to with his students helped in answer general questions, parmaking students feel more ticularly during the first comfortable in approaching semester. "That's not insignificant at him. Mr. El-Gabri agreed, saying all, I think. It gives a realistic that he likes teaching, but "I perspective to law school," honestly felt it was something said Prof; Olsen, and Prof. so- Robert Berger agreed that the, lacking in law school meone to go to for advice in opportunity tp meet one-toaddition to teaching. I left one with someone in an institumyself open and was glad tional position-helps the transiwhen students took tion into law school. advantage." Ms. Broder and Mr. Elardo / Betsy Broder, a Section 1 both said that teaching T.A., although disappointed research and writing involved that her jokes didn't always go a large commitment, and was over very ,well, also enjoyed possibly more work than they working with first year had anticipated. students. She commented that Often their work cut into the in her first year her teaching time they needed to complete assistant liked her authority as their own coursework and outan instructor too much. "I side commitments. Yet, all the wanted to dispel that idea of teaching assistants who were instructor.as authority figure. I asked seemed to think that the expect that some students in entire experience was a very my class will do better than I." rewarding one. Ms. Fechter added that, Prof. Berger pointed out that "particularly in the first the teaching assistants also semester, I tried to help people benefit because "by teaching to relax about things like legal anything, you're forced to writing and exams. Although learn it better." - — - Student Disapproves . of Editorial ■ .■• To the Editor: AsS farmer ajid editor, I would like to;6ffer a few'reattioris to! the recent editorializing on Professor Bliss Cartwright's up- tenure decision. formulating Whenever editorial policy on- any controversial matter, the Board must always be cognizant of the role and responsibility of the press within the community it serves. The right and obligation of the press to criticjze the powers that be remaihs'a cherished Institution In coming Arrtetican' s'oceJty'. ■ ■. ■. ', ■ ■''.•-..• . .. I believe suggesting that unnecessar/7y However, antagonizing others can only ilaecounterproductive!./ ', Steadfast and critical •t.ions can be firmly.maintained with a view toward minimizing hostile reaction. Just because, an editorial is sensitive and tactful instead of vitriolic does indicate a lack of resolve. What, you might say, does this have to do with Bliss Cartwright? Well, it has everything to do with the manner in which the Opinion's editorial staff castrated him in their tenure piece. I do not know Bliss Cartwright.- I -do- not have any firsthand knowledge of his professorial abilities. I am unqualified to comment on such matters. However, of what value was such an editorial? Yes, I am sure it will win the kudos of scores of disgruntled students, but it has also incurred the wrath of the faculty. So the Opinion is king of the kids, but alienated from the decisionmakers. A phyrric victoryat best. Is this power of the is the power? press? That is not to say that the editorial, regardless of-how it was written, would have been not such notions as "freedom of the press" frequently become so abstract and idealized as to be totally divorced from reality. I would not deny that freedom of the press has an inherent value. However, I firmly believe the ability to openly and candidly discuss relevant issues has a much more practical value. The most desirable situation emerges when freedom of the press also entails power of the press, that is, when the unencumbered ability to discuss relevant issues can be highly significant in any tenure translated into an ability to decision. But any hope of any have an impact on relevant impact was, in this case, abdecisionmakers. Thus, in this dicated early on. Such conceptualization of the role responses as "no one is going and responsibility of the'press, to tell us what to print," etc. is editorial policymakers should all well and good, but if the strive to blend a pragmatic subject matter is ignored, the political vision with their role journalism is reduced to as social critic. Similar to nothing more than mental judicial power, the only real masturbation serving as a power of the press emanates cathartic experience for'angry from legitimacy and respect. | writers. But where is the power am the last person who would of the press? I would hate to suggest that the press should see the potential impact of be solicitors of others, but I am policy decisions. the Opinion could have very effectively communicated its position without being caustic and perhaps gaining a bit more-faculty sympathy. If I was assigned the task of writing the editorial it would have looked something like this: , With the development of the Buffalo Model, the need for proficient instructors is more critical than ever. Pro- fessors must be able to organize and present disparate materials previously foreign to most law students. The success or failure-of curriculum innovation largely hinges on the ability of instructors to provide stimulation and. leadership in introducing novekapproaches law. -•> Thus, the Editorial-Board of the Opinion believes now more than ever that teaching effectiveness should be an extremely significant criterion in tenure decisions. No longer, should incompetent instructors be awarded tenure, regardless of scholarly achievement. Shortly, the decision on Professor Bliss Cartwright's tenure will be made. There have been many allegations regarding his incompetence the in classroom. The Opinion believes that the Tenure Committee should give these criticisms very serious attention. If the tenure committee substantiates these allegations, the Opinion unequivocally urges that Professor Cartwright not be granted tenure. to s- Steve Va/ero He felt that the T.A.s would this year's Research & Writing improve their own legal writing course. Prof. Berger pointed by analyzing that of their out that substantial transcripts students and improve their were used during the second research skills by teaching semester, rather than "canned" problems. He said others. Professor Paul Speigelman that the • purpose of the also said, "I think that one transcript was to give students never learns so well as when more experience in using a record and developing facts you teach." He added that although the from a record. This was an atjob is extremely difficult and tempt to make the course time-consuming, "I hope that more realistic, as was the exthe contact. with first year changing of appellate briefs students is rewarding." and oral argument before a There were few criticisms of panel of judges. the program. Prof. Spiegelman Prof. Spiegelman said that felt that it was not as effective "the main value of the course is for people to write a lot and as he would have liked in providing feedback for him in his receive feedback as they are writing. Learning by doing is Civil Procedure class. Mr. EI-Gab/i said, "I don't the best way." think the support facilities are The changes in the Research adequate. By this I mean the and Writing course for next things the instructors, would year will be primarily adneed to teach the research part ministrative, explained Prof. of it. These tools could be bet- Olsen. Although the first semester ter organized." He also thought that the will still be taught with the teaching assistants should Civil Procedure courses, the have a role in formulating the teaching assistants wilj work with the Legal Assistance problems used. "I understand and sym- clinical program and Prof. phathize that it was an attempt Olsen during the second to save the T.A.s grief, but we semester. had to live with it." "As the second semester Ms. Fechter, however, had really didn't have anything to no major criticisms. "Within do with Civil Procedure, it fits the constraints of trying to more sensibly with the clinic," teach legal writing, it is a fairly said Prof. Olsen. effective program. Any In addition to developing refinements are a matter of research, writing and oral adtime and experimentation," vocacy skills, Prof. Olsen said and Ms. Broder commended that "the course will be designthe program for its emphasis ed as a continuation of the on "cultivating a sense of legal skills that Civil Procedure tries analysis and not just the to import, which is an understanding of the legal mechanics." There were major changes in significance of facts." Good Luck on FINALS! Hopes Are High For Continuing SUSTA Much of the credit for the restoration of SUSTA must go In light of Governor Carey's to Dean Headrick, who spent restoration of SUSTA to the Ex- many hours talking to key ecutive Budget, there is an ex- legislative leaders and with cellent possibility that SUSTA University officials. Despite a will be available for the generally apathetic student body, the Dean put together 1981-1982 school year. to present to Since the Covemor and the materials members of the Legislature, are still fighting State Senate most importantly, was and over Medicaid funding, the convince Dr. Robert final budgetary approval of able toUniversity Ketter, President as SUSTA has not yet occurred. to importance of the the However, it is considered the Law highly unlikely that the SUSTA program to to this University. School and State Republicans in the Dr. Ketter made the restoraSenate wNI eliminate SUSTA as tion of SUSTA a key point on a part of the budget.. his agenda in his talks with The restoration of SUSTA members of SUNY Central and will mean that over 25% of the with leaders of the Legislature. While the matter is still not students in the Law School will now be able to look forward to settled, Dean Headrick is opa continuation of the aid pro- timistic the Law School wil gram which has equalled receive a quarter of a million $1200 per student per year dollars in SUSTA funding next year. over the past several years. by |ay Marlin April 23,1981 Opinion 3 �we 'Good-night, good-night! Parting is such sweet sorrow thatbemosrtawil.y'god-bye 4 Opinion April 23, 1981 �SENIOR SURVEY RESULTS Physical Characteristics Best Dressed: Billy Bozzuffi Honorable Mention: B.L. Wagner, Renee Lapides Worst Dressed: Scott Wright Honorable Mention: Russell Leisner, Billy Bozzuffi Most Neanderthal: Jay Baum Best Briefcase: Wanda Lucibello Sexiest (Male): Russell Leisner Sexiest (Female): Terri Rahill Classroom Behavior Most Unprepared: Rick Valentine, Ken Levy Most Compulsive Worker: Markus Berkovits Most Comatose: Joshua Berry Least Punctual: Michael Chakansky Foot in Mouth Award: Paul Israelson Best Backbencher Award: Bob Siegel Class Cheerleader: Doric Benesh . Where We Are Headed Most likely to sell used cars: Ron Zarowitz Most likely to chase ambulances: • Tony Ronci, Cliff Barry Most likely to foreclose on a poor widow's mortgage: Scott Wright Most likely to sell insurance: t Bob Potenza Most likely to represent the National Inquirer: - Ed Sinker Most likely to remember the Rule Against Perpetuities after the Bar exam: Maureen Sullivan Most likely show up for the Bar exam the day after its over: John Toal Most likely to pursue a career collecting Rehnquist opinions: Joe Maruzak Most likely to become President of Exxon Corporation: Eric Lindauer Most likely to take over for Ralph Nader: Lew Rose Most likely to run for U.S. President in the year 2000: Bob Whitbread Most likely to own a controlling interest in Nutshell, Inc.: Mitch Lustig Most likely to return to UB as a law professor: Kathy McDermitt Most likely to become a judge: - „ Jeremy Nowak' Least likely to settle out of court: Bob Whitbread Most likely to drink Ken Joyce under the table: Mike Corp Most incoherent when drunk: Tom Gick Most likely to be picked up on a morals charge (The Al Katz Award): Sandy Nagrotsky Most likely to become next U.S. astronaut (without spaceship): Billy Bozzuffi Most likely to be disbarred: Cliff Barry Photos by itaf f s April 23, 1981 Opinion 5 , �Schlegel And Lindgren Will Teach "Contorts" by Barbra Kavanaugh them to sit in on one another's classes this past fall, during Professors John Henry which time they discovered Schlegel and Janet Lindgren that "we sort of approach will team-teach a course com- things similarly," according to bining both contracts and torts Schlegel. to Section 3 freshmen next fall. "What we will be making an According to Prof. Schlegel, attempt to do is to bring to the "one can intuit our rudimenfore those issues we found tary goals as an attempt in part each other, that we to create first year materials in were going over and over an essentially common-law again, but always' as a subarea that de-emphasizes doc- sidiary to this or that piece of trine and brings statutes to the doctrine or in analyzing this or fore, that works on an explicit that case." level at the problem of lawyerProf. Schlegel stressed, ing in a system of common law however, that "we hope to and statutory rules." have fun teaching it and the "It has been said for about students learning it. Ultimate15 years now that contracts ly, that's where it should get." and torts, were growing Each time you work on a together as a doctrinal matter," continued Prof. Schlegel. "That theory has been a part of our education, so to speak." However, for various reasons, a joint course of this type has never been offered, and when Prof. Lindgren took a sabbatical two years ago, she and Prof Schlegel agreed to work on a joint torts-contracts course. The agreement called for the "contorts" project, Prof. Schlegel answered, "Surely not this semester. We have never before worked with a property teacher—the group has always taught together in the first semester and as property has been a second semester course, we have been uninvolved with it. However, it is conceivable that the course could fit in with property, perhaps in a fu|J year course." Although he mentioned some areas of property which two subjects to some degree. Schlegel Prof. also might fit in, such as modern urspeculated that given Prof. ban leases, and "as much as I Mensch's- interest in the rela- am interested in the economic tionship between the public history involved, I admit to and private spheres, she may knowing next to nothing about "play off" Prof. Alan property. Indeed, I remember Freeman's course on Constitu- it as one of the worst courses tional Law which will also be of my law school career. part of Section 2's fall Awful, just awful." semester curriculum.> Although there have been As for Section I's contracts reports that an exam in this professor F.red Konefsky and course will be given at the end incoming torts professor David of nine weeks. Prof. Schlegel Engel, Prof. Schlegel feels it is said that he didn'tknow if that unlikely that they would work would be the case, although together on this type of pro- "my guess is that we won't." gram this fall as they "hardly "If you never taught the the changes may be made by the law school in the hope of Professors Schlegel and Line getting others interested in the new approach, Prof. Schlegel dgren themselves. "We've made a marvelous did add that "I sense that all agreement," explained Prof. three groups go after things Schlegel, "that by the first day differently, with different emof class all of the material will phases." be assembled. However, For this reason, only Section although I would distribute all 3 of the freshman class will be the materials, as the thought of taught the joint course. not having it all together drives However, Prof. Elizabeth me up a wall, Janet likes to Mensch will be teaching both weigh the progress and direc- torts and contracts to Section tion of the class, perhaps 2, and she may integrate the changing it as we go along." The course will be teamtaught by both professors in the classroom, although Prbf. Schlegel wouldn't be adverse to splitting the job up. "The first time there will be new course, you hope you may a real tendency for Janet to have found the 'Rosetta teach the torts stuff and Stone,' that you'll make your myself the contracts. This year name and become a household is the first time we heard each word, but this hope is other in class, after all, and tempered by a healthy neither of us has shown a deep, awareness that the chances are abiding interest in-each other's extremely small that this will areas." Although the course outline, happen." "I wouldn't be surprised if which will be further worked someone down the line ex- on by both professors and course before, you just don't perimented with and changed research assistant Hilde. .know each other."''1 the course." As to whether or not proper- "know where you'll be in nine Neubaur, will be made As a matter of fact, some of available to other professors in ty might be taught along with weeks." Corps Disappointing Proves Symposium Freshmen by Al.Bozer Beware , Prof. Michael Schaeftler carhigh hopes with him to the ried by Joyce E. Funda recent conference in St. Louis for' AALS professors of corAlan. L. Canfield, Assistant poration law. For three days, for Student Affairs, is Dean spearheading the committee making preliminary .plans for Orientation '81. About twenty first and second year students met on April 10,1981 for a brainstorming session. After voicing criticisms of last year's orientation program, the group enthusiastically pooled ideas for this fall. The basic considera- tion seems to be to provide the new students with a warm, supportive atmosphere. Many of the specific activities to be included in the program will be decided by the committee Schaeftler listened and conversed with his colleagues in I trie field: Schaeftler Jiad expected discussion of possible ap- proaches to pedagogical theory and casework in this discipline a workshop of the esoteric. What jie found was a good deal of concern and frustration with the field's — direction. "Are we to aim for Main Street or Wall Street? I wanted to find what the others were thinking on this subject," said Schaeftler. But no consensus arose at the conference; no before the end of this coherent theory emerged from semester. eighty-five attending prothe Anyone having talents or Instead Schaeftler -skills such as writing, graphics fessors. gained a new confidence in the or organizational ability is encouraged to contact Dean Can- methods he is currently pursuing, a feeling that he is free to field. Your involvement will help to ease the peculiarly disabling experience of starting law school for the freshman class. Doodle Space by Betsy Broder The legal research skills which almost become intuitive knowledge to law students are considered precious to a class of students at the Albion Correctional Facilty. The research classes are part The class of approximately emale inmates meets, weekOpinion , ference to hawk hew editions of their casebooks. Nevertheless, he called it an "intense experience," worth the sacrifice of three days in St. Louis. "They did have some good French and Italian restaurants in the city," he commented. • Prof. Schaeftler remains concerned over students' preparation for his introductory course. "Those with no experience in business, whose background is in music or English, often have trouble in the first weeks of the course." He said that if he were to attempt to fit all the work into . an attempt tjp reconcile his students' disparate bacjcr grounds. Prof. Schaeftler maintains an open door policy. Prof. Schaeftler brought home a fresh approach to his the course that his colleagues teaching from the conference seemed to think was in St. Louis. His enthusiasm is necessary, it might easily run contagious, his-determination into a twelve hour monster. refreshing. In a world where (n lauoirlj tut ••.-:>-, »r , 7 <?.-c' nes " better teaching methods in a wide-open, field.. He would also like-to take this opportunity to assure his friends that he plans no further travels in the immediate future, and contrary to widespread rumor, he is- not teaching any course in language this semester. R&W Techniques Taught To Albion Women of a project organized and directed by the Prison Task Force, a group of students who are concerned with the conditions of New York State prisons and who engage in various projects aimed at improving the prison system. 6 pursue the discipline along his He strongly encourages his dullness seems to dominate own lines. students to read the Wall the horizon and to be praised The staid Schaeftler was a Street Journal, one tactic wide- above other virtues, he stands ly espoused at the conference. out. He is actively, pursuing bit disappointed at the atmosphere of socializing which he felt pervaded the three days. Also, several authorities in the field used .the con- April 23, 1981 ly with law students who instruct them in the use of case reporters, digests and McKinney's. Classes consist of an hour or more of lecture, followed by small ■ group meetings of two or three inmates to each law student. The law students usually within the prison. Most of the law students involved agree that one of the most serious deficiencies in the legal research program is the inmates' law library..While the law library in the men's facility is equipped with federal and state digests and present a "canned" problem to reporters, the women's library the class, and help them to contains only New York State research it. references. Recently, third-year student Many of the women are Mike Wiseman presented a working on problems involving problem about a superinten- federal law such as §1983 civil dent's hearing. This problem rights actions and habeas cornot only helped to improve pus petitions, but do so with a research skills, but also served severe handicap. Although to inform the inmates of their -they may request books from substantive due process rights the men's library, it often takes days for such books to be delivered. Limited access to the women's law library also restricts the impact of the class sessions, as well as the practical benefits of the law library. Many books are kept in boxes due to lack of shelf space and thus are not easily located. Also, only two people are allowed in the library at a time and many people cannot use the sources to the, extent that they feel is necessary. Despite these deficiencies, both students and inmates feel con't. on page seven �Pep Talk Departing Law Senior Philosophizes Re: Life, etc. by Joe Peperone rare for me lately. Life can be, and usually is, a sport, sport, n. A pastime or bitch intermittent moments amusement in which a person of normality and happiness engages; a game; a surrounded .by problems, merry-making... pressure, doubts and both major and minor tragedies. Things I have in my typewriter the last column. (Yeah! never seem to go well for more Cheersl) May Tiger Williams than a few months at a time, and, as Murphy has said, "If high-stick your grandmother. Seriously, in preparing this anything can go wrong, it will," column this week, I asked be it problems at work or getmyself what have I been do- ting work, accidents or illing for the past two years? A nesses, the inevitable prolot of commentary, a few blems with the opposite sex, or pathetic predictions (Isn't that the haunting realization that Wayne Gretzky great?) and a you may not pass that course. lot of fun. Rarely in life do you Despite our problems, get the chance to say or do though, we who pass through anything you want, as I've had law school are basically forto do in this tunate. While a J.D. certainly the opportunity column. I'm grateful for the doesn't guarantee happiness, opportunity. or even a job upon graduation, But what is it about sports the overwhelming odds are that makes it so important to that in the future we will have so many people? What is it jobs which will enable us to about it causes a city to come live comfortably at the very alive and together to celebrate least. or causes fans to cling to a Some people are not so forteam or a player so religiously? tunate. They do live on the No one really knows the cusp or a paycheck-toanswer, but for my parting paycheck existence. The shot, perhaps I can wax elo- tragedies tend to fall on them quent, and perhaps find one. more than usual, and Starting from Ross Runfola's sometimes they're locked into sport is a deadends before they begin. premise micrbcosm of life and lookSports teams can have ing around, things began to "similar" fates. They can be make sense, which has been perennially successful, con- sistently schizophrenic, or they've lost opportunities in usually awful. But their fans parts of their lives, and they'll live and die for them, never get the chance again, be regardless. Why? Perhaps it a chance at an education, an because sports are, as they say, opportunity for a job, or a shot an escape. But is it that simwith someone they care about. ple? It's also said people watch In these situations, people sports to channel their aggreslive with the knowledge that sions. But will a baseball "sometimes the door becomes walkout cause an increase in locked, probably permanently. wife-beatings? Th"ey hear words, "I'm sorry, I may.be way off, but maybe we just can't help you" or "It a sports team or player is iden- won't work," or realize for tified with because no matter themselves that it's too late for how their play mirrors life, and something to occur. sports mirror life, there is a It's sad. It sounds corny, but fundamental difference. The really do exist on hope. difference is, no matter how people bad a team (or player) is, how No matter how hopeless the many times in a row they've situation, people still dream, lost to another team, or how still strive. And it can get many years it has been since depressing when you know they've been successful or you've "lost" at anything in "won it all", six months later life. It just seems as though in they can start again, dead even the world of today, people get with everyone else. They get to discouraged far too easily. play again, get to beat the They're continually being told do this or that, or other team, and get to van- they can't too old, or too inexthey're was conquish what once sidered unattainable. No op- perienced, or that they should portunities are ever totally just give up. Some, on the basis lost, and hope really does spr- of such "advice," do just that. Should they? ing eternal. So, that factory worker who Life just isn't like that. Horatio Alger still lives, and doesn't think he can afford the you can, and many people do, money or the time to get a colpull themselves up by their lege degree, that- business exbootstraps, and succeed. But ecutive who doesn't think he many people live their lives can take, the crazy risks he did with the gnawing realization in college, or the scrawny kid Students Teach at Albion Financial Aid Tips For Students — — — . — — . page six con% *~*»•«,. ■ . . from ■v »- mt that the *cTa*sstf>re thwhile. For the law'students, the classes at the prison are an opportunity to share their legal knowledge with a group of people for whom that knowledge has a direct impact. Since many of the inmates are indigent, theyrely on their own ability to function in the library and tend to their own legal needs. Plans are now being made to continue the program through the Summer: The studertts'inHefb volved are ~. !..««. mjmtim Eisenberg, Otis Harrington, Nancy Heywood, David Nelson, Scott Oakley, Wayne Sachs, Andy Sapon, Alison Webster and Mike Wiseman. The Albion project is but one sponsored by the Prison Task Force. During the last school year, and the beginning of this year,' a group of law students met monthly with an inmate group at Attica, the prison's Legislative Action Committee. The Committee was involved with drafting proposed legislation on good time provisions, abuse of administrative discretion and other matters of primary concern to state prisoners. The law students assisted in the drafting of these provisions and gave guidance to the group. The LAC no longer meets, however, as an administrative Sponsor is required to work with any such group, and the former official has not been replaced. Several groups of law students had the opportunity to tour the Attica facility last semester as part of another Task Force project. Prison administrators cited "security considerations" in discontinuing these students' tours. \ SBA Budget Results In The Student Bar Association Directors met April 15th and approved a $33,632 budget for the fiscal year beginning September 1, 1981, The Student Activity Fee will also be increased to $19.50 this fall. -Even with the fee increase of $2.50 per semester, the. new budget is almost $6000 less than the present one. Joe Ruh, Chairman of the Finance Committee which prepared the budget, explained that the primary reason for the decrease in overall funding is due to the $9000 decrease in the surplus from the previous budget. He noted that for the first time in recent memory, most student organizations ac- tually used all the allocated to them. .The $4900 money new budget includes in unallocated funds which will permit the newly elected SBA to provide the final touches to the budget when they take office in the fall. The budget adopted by the SBA wa's essentially identical to that proposed by the Finance Committee. The one change was an increase of $100 to BALSA to allow advance planning on the Law Day Activities to be held early next semester An itemized copy of the budget is posted in the Student Mailroom on the second floor. by |ay Marlin SUSTA for 1981-1982 While SUSTA funding for It's hard to believe that it's next year is still uncertain, almost exam time. Most there is nothing students need everyone is thinking about the to do to apply for SUSTA. If summer ahead, but it is also you get the maximum" TAP time to make sure before you award of $300/semester, you leave school that next year's will automatically get SUSTA. financial aid situation is under It is expected that if SUSTA funding is restored, SUSTA will control. Under control? Sure. Make grant each student an addisure everything you have to do tional $600 per semester which for financial aid has been done will be credited towards tuiby. the time you leave school. tion. The following is a brief look at New York State Loans the status of financial aid: While the New York State program (bank loan Work-Study Summer The Summer Work-Study of- loan/NYSHESC loan) will confice reports that summer work- tinue, there is still a big quesstudy awards should be made tion mark as to what changes, during the first two weeks of if any, .will occur in the proMay. Last year, the average gram due to the Reagan adaward notice was sent out ministration. And, it is still around May 10.Work study for uncertain as to what forms will the summer will be $800, and be used for applying for a will run from Julyl—August NYSHESC loan for next year. If 15. Please remember that you —there is no major change in the won't get your first work-study program, students will be able check until August 1. There are* to apply for the NYS loans any far better ways to earn a lot of ' time after May 1. Albany will money over the summer, but not start processing the apwork-study may give you that plications until June 1. If job "experience you might not iucky, you should have your money by the middle of otherwise be able to obtain. August. TAP for 1981-1982 All students who received TAP* for this year should automatically be receiving in the mail'a TAP application for 1981-1982 from Albany by the end of April or beginning of May. If you didn't receive TAP this year or you haven't received a new application from Albany, the forms will be available at Admission & Records or at the Financial Aid Office. The Office of Student Accounts will continue to take the check for a week and then take out tuition charges. It cannot be emphasized enough that you should file this loan early! It will still take 12-16 weeks to get the loan processed. All loan applications must first be sent to the Admissions and Records Office of the Law School. The Reagan administration has proposed several changes . who just can't get his or her coordination down, they can all identify with a group of finely tuned athletes, male or female, fighting to be Number One. If their team fails, so whit! "Never" doesn't exist in sports, as it may in life. Even if your .team comes in last or bites the dust, next year is a new year. You can throw away the record book, beat that rival who's been beating on you for years you have another — chance. As opposed to life; when the odds seem stacked against you in many situations, every day in sports you can see examples of odds being beaten, upsets occurring, records being broken. But most of all, you see hope. The hope that grew in Buffalo last fall. The hope that exists in spring training, even for Mets fans. You can see it in your grandfather's eyes as he goes off to Wri'gley Field for one more summer to see the Cubs. And you saw it in a bunch of kids in Lake Placid last year. Sports can't save the world, avoid the bomb, or whiten your teeth, but maybe they're the only example left of a lesson which should rule people's lives. Don't fool'yourself, nothing is really impossible, after all. Even the Bar exam. which should prompt you to write your congressman. First, theFederal Government would no longer pay the interest on the loans while you are in school you would pay it. For a law student who has accumulated previous loan debts, the quarterly interest payments while you are attending school would be quite — high The second proposal would take what the student or his parents are expected to contribute towards his education and subtract that from the stu- dent budget ($7300 in the law school) and what was left could be borrowed. Under the current program, if the school says you or your parents can contribute $4000 towards your education, how you get that money depends on whether you borrow from the loan program or pay it out of your own pocket. Reagan's program would eliminate this ability to borrow to meet the expected contribution figure. You could borrow what was left after your subtraction of contribution figure. April 23, 1981 , can't, on page eiqhl Opinion 7 �Soviet Dissident Speaks To Buffalo Students by Dana Brutman In the USSR the name of Alexandre Ginzburg conjures up conflicting notions. For some he is a respected and distinguished spokesman whose efforts for freedom and human rights, stand as a talismanic inspiration. For others he is a iconoclast, whose convictions remain as an avatar of insolence and contumacy. On April 9th Mr Ginzburg visited the Squire Hall at ÜB, and, I. of questionable Russian dissent, was intrigued by this paradox of demonand virtue. I managed with little difficulty to lay aside my homework for the evening and attend his lecture. The Fillmore Room was filled with interested observers like myself, and with what I immediately noticed to be a strong showing of local Russian emigres. These expatriates exuded a sense of anticipation and admiration, and I could feel the expectant infection easily descend on the audience. My first reaction to this man was ordinary. I wondered to myself, how could this infamous person look so much like an owner of a better men's clothing store? He did not seem to be the moral giant he had been touted as. Mr. Ginzburg spoke in Russian, and through a translator transmitted to us his recollections of life in Russia, his tumbling into a search for human rights, and his nine and one-half years in labor camps. his Ginzburg began discourse by speaking of the evolvement of human rights in Russia. He explained that after the revolution a reign of terror gripped the country until the 19505. He described a country where whole small groups of nationalities were decimated, and where 66 million people were obliterated. The government, he explained, was working to dissipate any recollection of the states' prior history, so that at the end of this terror, no traces of life before .the revolution remained. The goal was to erase from the people's minds any remembrances of a different system, a different way of life, and replace it with Financial Aid Advice con't. frompage seven publishing an underground told poetry periodical. He and his us,when Stalin died and friends would stuff nine carKhruschev came to power, bons in their typewriters and small truths of this .shocking amateurishly peck out the era were revealed. Prisoners poems, and then distribute returned from labor camps, their creation. His "crime" was and their stories circulated inspiring modest reforms. At this time, Mr. Ginzburg related, he was a young man with great journalistic aspirations. But after trying his hand at journalistic endeavors within the system, he left the profession after picking up the paper one morning only to see his name attached to an article which had been metamorphisized by a line of editors. He found the only way to escape the emasculation of his work was by writing reviews of —Current/Landau ballets. Mr. Ginzburg explained that easily traced back to the a journalist reaches a point of publisher who had inscribed decision, where one either his name and address on the languishes from the frustration back of the magazine. and becomes obeisant, or one He recalled that after returnturns in the opposite direction ing from two years in a labor and becomes an activist. Mr. camp, he found others practicGinzburg suffered from the ing his prior offense by "misfortune" of taking his jour- publishing similar undernalism too seriously and opted ground uncensored articles. for the latter. They were not arrested, and It was then that his career as the first small victory in Soviet a seeker and "recidivist" of human rights had been attainhuman rights was born. He ed. described his first offense of His second arrest came after fear. In the he had written the "white book", a collection of 19505, he Tuition Waivers All persons on tuition National Direct Student Loans waivers or on EOP funding are and Work Study for 1981-1982 reminded that they must file Any student who wished to for TAP to obtain those by Ellen Sinclair be considered for financial aid waivers and funding. All assistance from the University students on EOP waivers The student body, by a 141 should have filed the should fill out their materials 8 margin, approved the proto necessary financial aid forms when they return to school in posed change to Article 111, with the College Scholarship the fall Section 3 of the Student Bar Service and with the University Association Constitution in a Aid Office at the end Financial Emergency Loan Program held on Tuesday, referendum of January/February. If for any The Emergency Loan Pro- April 14, 1981. reason you do not think your gram will be extended for file is complete, be sure to another year. The only possiArticle 111, Section 3, had check with the Main Street ble change is mandated that elections be be that there will Financial Aid Office before a $5.25 processing fee to held within ten school days of you leave Buffalo for the sum- replace the 3% interest rate. in 1981, before Labor Day mer. An incomplete applicaSeptember 21. The approved tion can result in a late award change now mandates that the Financial Aid Problems' or worse no award! election be held within fifteen For any financial aid prosummer, for National blems over the Funding Direct all in- school days of the first day of Student Loans has been reduc- quiries should be directed to class. Classes are tentatively ed by 11%, so all awards the Main Street Financial Aid scheduled to begin on August should reflect 11% less than Office, (831-3724). The loca- 27, making September 17 the they would have been for this tion is Room 6, Butler Annex. final day for holding elections. year. Work-study will remain Two purposes for the at its previous funding level. Student Budget change had been voiced by The maximum'NDSL award for The student budget memembers of SBA. Mark 1981-1982 will be $2500/year, dian expenses of the law and the maximum work-study school student body for award for 1981-1982 will be 1981-1982 will be $7650 for $1300/year. As in the past year, non-commuterinon-married do not expect your NDSL students, $5970 for a comcheck or your work-study posi- muter (student who lives with tion to be available the first his parents), and $10,800 for a. by R.W. Peters week of school. NDSL checks married student. will be available from the midDon't forget tuition has been Unidentified vandals threw dle of September to late Oc- increased by $300 and will be out approximately 800 Opi$2500 for 1981-1982. tober. nions between 11:00 p.m. Thursday, April 9, and 9:00 a.m. Friday, April 10. The discovery was made by Jim Kraus on his early arrival at O'Brian Hall. He and another student retrieved the discarded papers and returned them to their normal distribution documents describing and publishing transcripts of a trial of Russian dissidents. He was reincarcerated for five more years. His third offense surrounded his involvement in the Helsinki Watch Group, and his administration of the Alexander Solzinenitsyn Russian Social Fund. The Watch Group was a Moscow based organization which reviewed human rights in the USSR. The SocialFund was established to aid families of imprisoned dissidents. The Voice of America broadcast to the Soviet Union the names and addresses of the members of the Watch Group. Mr. Ginz4-' burg recalled being subject to disquietude, believing his next arrest was imminent. Much to his surprise and pleasure, many supporters from within Russia sought his counsel and , voiced their agreement with his convictions. But it was only a short time before his next and last arrest. After remaining in the camps for two years his exile to the west was effectuated. Mr. Ginzburg accepted and answered a number of questions from the audience. SBA Referendum Results Tallied — — — — OPINION Chairman of fhe Rules Committee, stated in a letter available at the polls, "The new proposed date is designed to give the Board more time to advertise the availability of SBA elective positions, and to give the stu- necessary to validate the results before the newly elected students could be seated. This delayed SBA's new members from getting an early start, the main objective of Article 111, Section 3. When asked about the result dent candidates more time to of. the change (calling for campaign for office." This pur- holding elections sooner under pose will not be served in the change than the original Fall of 1981 nor 1982. It will the mandate), an SBA member however, lengthen the total Reisman, responded, "It is still better to permissible time before elec- have a fixed period within tions anytime classes begin which elections must be held, less than five days prior to instead of basing the period on Labor Day. a variable holiday." The second purpose, as ex94% of the,voters agreed pressed by SBA President Bill Altreuter, is to avoid the pro- with their vote. However.less blems created last fall by not than 20% of eligible voters having the election within the went to the polls. First year mandated period. After the students sent 81 voters (30% election was finally held a of class)rsecondyear43(l2%), separate referendum was and third year 23 (8.5%). ' Found Dumped point. iln an unrelated incident, on March 27th the library's Xerox machines were tampered with and the change within stolen. Police are investigating the incident. —AP/D. Floss Lois Gibbs and Art Schmitt, Love Canal activists �LIVE From Buffalo: It's THURSDAY MORNING! Onion NO NEWS FIT TO PRINT "Only the pathetic have no Onion" Volume 2, Number 1 State University of New York at Buffalo School of Flaw April 23,1981 First Year Curriculum Will Undergo Further Changes by Justin White The Office of the. Dean announced April 1 that a new curriculum has been created for the Class of 1984. The first semester will be designed to "indoctrinate" first year students into the "Buffalo Model Legal Education." We've had sojne good results with ,thjs-year's classes," said Headrick," as he leaned back in his swivel chair (which has been fitted with a tip-proof device to prevent recurrent spills he took last year). "So good, in fact, that we're inclined now to make major changes." Citing the success that Professor Greiner had last year with Money and Markets, Headrick indicated that all courses would conform to an abbreviated format. ."Stydenjs,. seem to like it wherrwe "shoot ..., « from the hip " i Pressed as to what courses would be offered, the faculty chief said the dice have not yet been thrown. "There are, however, some sure bets. To continue what I started with Auto Accident Law, I'm going to teach Farm Vehicle Torts. We hope to cover tractor accidents, harvester hit and runs (to emphasize an interdisciplinary approach) and Barn Yard No-fault." "Fred 'Beaver' Konefsky will teach Civil Procedure to Section 1, with emphasis on New Mexico practice. Above all, we want to be known as a national law school. Barby Blumenthal and Betsy Mensch are going to teach a cooking class to the girls. There are so many, now that our.system uses gender as a proxy for achievement." Above all, the Dean was opttrpistic that the "Buffalo Model" would cohtinue to grow. "We've got plenty of glue. With some luck, we'll be built by 1984. A man Colorado Moon killed while standing in the highway with trousers down to "moon" a friend in an approaching car is not necessarily charged with contributory negligence barring recovery in a death action against the driver, according to the Colorado Court of Appeals Decedent and fellow workers, including the"driver of the death car, had been drinking together and decided to return to town in two cars Decdent's car was some distance ahead, of the,other car when its occupants decided to stop and "moon" their friend in the following car. Beeson v Deal (Colo App, December 28, — Dean Thomas Headrick prepares to greet class of '84 Birzon Vanishes The absence of Paul Ivans Birzon, Esq. from his law school teaching respon- sibilities has given rise to speculation that the notorious Buffalo trial lawyer is missing When last seen, Birzon was announcing to a shocked early morning evidence class that he 19,79). would be "called away for a (A case Headrick left out of few weeks " Those weeks have his Auto Accident course. As become months, and but for reported in Case and Comment the steadying influence of [West 1980].) David Stiller, Esq., this situation could have gone from bad to worse According to one source, a telephone call to Birzon's ofsin to start a dairy farm. It's fice revealed that he had something I've been putting returned to Buffalo ten days off for some time. Declaring after his abrupt announcethat he would trade in his ment. This was dismissed, three-piece suits for some however, as hearsay. Birzon's "farm overalls," Mann said he car, a 1972 Ford Torino bearing license No. Paul I was seen was very anxious to begin farming. parked (illegally) outside City (Readers will recall that in Court ori April 3. That fact was designated "merely circumstantial" and not con- Law Profs. Hit The Road With a retirement age of 70 possible court action would be imposed upon all SUNYAB necessary to protect his "funprofessors, the law school will damental" fight to engage in lose two eminent teachers at commerce." the end of the spring semester- "Did you think it was by Professor Jacob Hyman, chance that I discussed who has been on an extended obscenity .at the consitutional stay, used an alleged shortage. law forum we had last week? of constitutional law! pro- I've been gearing up for this • fessors as an excuse for violating the "golden years statute of limitations." The Katz in Slammer — — who had vowformer dean ed jiever to teach here if the Amherst, N.Y. Prof. Al law school were moved to Katz was removed from his |ohn Amherst ate crow as Criminal Law class Monday Lord O'Brian Hall was one of when one of his students the first buildings to go up on tified himself as an Amherst the new campus. policeman and arrested the "It was a personal setback," tenured professor for smoking remarked Hyman as he mused directly under the "no smokin his fourth floor office. "I lovwho ing" sign. The officer ed 77 West Eagle. It was just not to be identified. -Professors Mann & Hyman ponder their futures asked across the street from the said that he only took the accourts, and all those judges tion after Katz had for the sixth were my good drinking bud- battle for years. As you know, the last issue of the Onion, time told the story of a former it is not possible to be accordMann's indictment for cruelty dies." " student who had outraged the Questioned about his plans ed standing without 'injury. to animals was handed down professor by making personal for retirement, the tall fiftyish- Depending upon restrictions by a Wisconsin county grand telephone calls on a university looking professor replied, affecting my right to do jury. After a short trial, the con "Who says I'm retiring?" business in Kenmore, I foresee law professor was found guilty grace." Professor Milton Kaplan was Reminded that his year of being in court early next year." of that offense, and sentencing Asked whether venturing ingrace was'up, Hyman snapped, by Judge Bo Vine was reserved also asked about his plans for retirement, but scoffed at the "Well, all right. So what? I'm to thebook selling business up to press time.) going to attend to my business was intended simply to stage Questioned whether his idea that a teacher should anin Kenmore full-time. I've own- constitutional litigation, the hopes to begin dairy farming ticipate such an event by 23 ed a bpokstore there for the old man smi|ed, "No com-, would be affected by the con- years. "I'll probably do some type viction, Professor Mann made ment." \ • past two years." , Professor W. Howard Mann an unfamiliar gesture at this of kelp-farming though. I've Mentioning that the business has met with a surpris- was less equivocal about his reporter, and left doubt beard that there is cheap land whether he would indeed be around Three Mile Island, Pa. ing amount of community own plans. resistance, Hyman indicated "I'm headed out to Wiscon- forced to seek his own "year of It has the warm water — — . • elusive proof of his presence in W.N Y. It was argued that absent a $50000 suit, a pair of bush eyebrows, and a diamond pinky ring that no case for his being here could be made out Adjunct Professor Stiller, who was a stoned scholar at Columbia, explained.that his knowledge of Birzon's whereabouts was limited to a letter which he- received the day after he took over "All the letter said was, I'm going to Crooked Creek with Walters.' Maybe Mr. Birzon went out west for the opening of Steelhead season I don't know." Most students in the class were, convinced that an irrebuttable presumption faced anyone with a possible explanation: namely, -when you're making big bucks downtown arid have' had your fill of Buffalo Law Students, you leave without explaining yourself, and never return — phone. "Katz had just told us," the officer said, "that none of us has the right to selectively determine what laws should be enforced. So I arrested him " Later, in a jail-cell interview, the Onion asked Katz why he smoked in class. "How would you like to stand up in front of eighty people waiting for you to make a mistake," he replied. Regarding his defense, Katz said he intended to consult with Prof. W. Howard Mann, noted constitutional law expert. temperature I'd be looking for." Professor Richard Bell, himself more removed from the deadline than Kaplan, seemed to have some ready answers. "Thirty-two years can pass •by awfully quickly," said Bell. "But statutes of limitation can be manipulated. Believe me." �#nion Vol. 2, No. 1 April 23,1981 Innovative Course Offerings Should Highlight The Fall Term Editor-in-Chief Justin "Perry" White by Managing Editor Anonymous News Editor: Feature Editor: Photo Editors: Business Manager: Anonymous Anonymous Anonymous Anonymous * - Joe Peperone Responding to accusations that the Law School has failed to offer a well rounded curriculum, Registrar Charlie Wallin has released the following course descriptions for the Fall 1981 Term i © Copyright 1980, Onion, SBA This lampoon issue of Onion was done in fun. We hope everyone takes this issue in the manner in which it was intended. References to real persons is purely coincidental WARNING: The Press Secretary General has determined that taking this issue seriously may be hazardous to your health! December. Contortiminal Procedure, Prof. Konefigrenatzelegel (15 cr.) My Friend The Industrial Revolution, Prof. Atleson Prof. Atleson shows his true colors in this course, describing his past life as a minister in a small town and how he kept the union out, though he had to shoot a baby in the process. Protecting Civil Liberties, Prof. If a wiget sold to X Corporavalid UCC Article Justice Rhenquist No course description is Using the Boston Red Sox as 2 contract with basic warranty an example, Prof. Joyce will disclaimers falls off an office available at this time, but the show how an organization with building and knocks but a final exam will be a floater. a paper value of 17.8million police officer attempting to Sometime during exam week, you will be given the name of a dollars, a television and radio stop a crime, can the comclassmate. That night you will contract worth 4.2 million plaint withstand a 1.2 (bX6) modollars and annual salaries of tion? Find out September sth. have to break into his/her living quarters,-forcibly take any only 2.9 million, can have a net worth of zero and qualify as a The Camera Never Blinks, Prof. evidence you deem relevant to anything, tie up your victim, arClass A charity Katz Professor rest him/her and give the peroffering, this In Who Needs Microfiche?, Prof. Katz will show films and pic- son their rights in Ukranian, Mann tures of his role in the Abscam and force the person to conThis course will reduce scandal Female Con- fess to multiple unsolved felonies under threat of urine everything you really ever gressperson Division. No inneed to know about the cases dictments resulted from Prof. analysis. If the convictions in the National Reporter Katz's work, but Liz Holtzman hold up in court H City! System, Federal Supplement, can be heard saying nasty Guerrilla Property, Prof. Federal Reporter Ist and 2nd things about Bess Meyerson. Greiner series and the decisions of the Learn how you can, in one U.S. Supreme Court (official Molotov Repossession, Prol. and unofficial) to both sides of Girth short semester, take possesa 3x5 index card. Former Creditors giving you sion of multiple tracts of land students of Professor Hyman troubles? Bankruptcy, staring for future profit making and must attend a two-week you in the face? STRIKE BACK! condo development, all under debriefing prerequisite. Learn how to wire your car as a color of law. The intricacies of deterrent to repossession. Be adverse possession, surprise Environmental Law, Visiting taught how to sneak into Coun- easements, and condemnation ty Hall late at night and steal procedures will be taught Professor James Watts Interior Secretary Watts will all papers which perfect securi- with guest lecturers lending ride in from his job in ty interests in your possessions their expertise. Know how to Washington once a week to Turn household appliances in- file eviction notices on your teach "this course. Subjects to inventory and mining in- enemies- without ever, acquiring an interest in the property.' covered will be: How the tree terests into farm products population of Washington all for your incidious Article 9 Turn your fee simples into life must be eradicated to stem purposes. Prof Girth is a interests and tell your heirs to pollution; How Bambi really graduate of the Smiling sit on it. Prerequisite: clean loves strip mining; and How Crocodile School of Financing. hands Yellowstone National Park can be safely reduced to a KOAsupervised three-acre zoo Tax Tricks, Prof. Joyce Staff: Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous Required for first year class, open to all others. A very important course, essential to legal studies. The syllabus will be released sometime in tion under a — — Tuna Flounders by Alan Junne On the eve of his job being posted, financial aid advisor Ray Tuna stunned law school officials when he announced today that he will reapply for the position of financial aid ad- visor for school year 1981-1982 Ray, an erstwhile 3rd-year law student who has served as the Law School's financial advisor for the last two years, said that he felt he had the "experience" necessary for the job When asked how he could reapply when the position is normally filled by an enrolled member of the Law School, Ray scratched his receding hairline and argued that since most persons, including his teachers, didn't think he was a student, there should be no problem about his status in the future Ray cited the creation of the Law School emergency loan program, increased financial aid budgets, excellent student service, and his own lack of a job as prime reasons as to why he deserved the post for the next two years Said Ray, "Look, I feel we've accomplished a lot in financial aid over the past several years I would expect that based on my experience we could accomplish a lot more over the next two years. Besides, where else could I get a job whose office has its own patio!" Response from the administration was mixed. Chuck Lallin, who serves as Ray's immediate boss, reacted with a shrug of his shoulders and a puff on his pipe. Associate Dean William ("Antilla the Hun") Grinder was heard muttering, "Give a student a job, and he thinks he's got a lease for life."Associate Dean Alan "Good News" Cerrel expressed his delight that Ray was finally able to obtain a law-related job. Student reaction, especially from those who were expected Onion 10 to apply for Ray's position, ranged from weeping in the halls to suggestions that Ray be used as the cornerstone of a new student union. The Bookstore reported an increase in the sale of handguns, especially to first year •.tudents, and a first-year student on financial aid was reportedly circulating a petition of mandamus demanding Ray's graduation from the Law School Sources close to the scene anticipate that negotiations between Ray and the Law School administration will begin shortly The Onion has learned that' noted sports agent Leslie Fox will represent Ray in those negotiations It is expected that Ray will be seeking an annual $30,000 two year no-cut contract, the use of a sports car from the State motor pool; an expansion of the WATS line to cover the United States, and a complete refurbishing of his office, mcc luding a wet bar and couch (to provide a suitable atmosphere to discuss the more sensitive aspects of financral aid). Staff personnel who work with Ray in Admissions and Records expressed shock that Ray would seek reappointment. "We thought he graduated last year," said one hidden source. "Whenever we called his office, someone answered the phone and said that Ray was not in." Ray's constant companion over traveling the past several years, noted Moot Cout member Juanita Carmelita Gumba Tomares, was seen emptying out the contents of Ray's locker, and filling it with huge bags of rice in the event of a siege at Ray's office. When last seen, Ray was gathering all financial aid materials within the Law School and promised ta start a huge bonfire if anyone attempted to dislodge him from his third-floor hideaway. April 23, 1981 . — — Microbiological Nuclear Macroeconomics, Prof. Zork Rocky II Replies To the Editor: I am writing to express my disgust with the slanderous headlines on the article for ITALSA ("ITALSA MAKES YOU ANT OFFER YOU CAN REFUSE"). It only highlights the need for this organization to combat such invidious discrimination against Italians. If the responsible for that headline is ever discovered, I guarantee he will sleep with the fishes. The first meeting is being planned (at a time and place which will be announced only to members). Jimmie Fratianni will address the group on the prominence of Italians in the American Criminal Justice System. Also, the Joe Valachi choir will be on hand to sing folk songs about their family In addition, the meeting wilh feature discussion about discrimination against Italians in the NBA (since most of the. teams won't consider players under 510"). As a cultural sidelight, members will be lectured on important aspects of Italian heritage, including cooking.with tomatoes and speaking with their hands. The organization has steadily been increasing in size. Rarely does a day go by who doesn't join the group. Funding has been requested from "the SBA to increase the group's collection of Sinatra records. Rocky II (Editor's Note: It was Joe Peperone who suggested the headline. Go get him, Rocky.) �Student Beats The System by Frank Zip it would be easier to period of 24-36 hours before camoflague myself in the the exam and take in all the .It's taken me four semesters dense -forest of an overloose talk for which that place of law. school to do it, but I enrolled class. I had to be is well known. The only prohave finally perfected the art careful, though, because some blem with that method arose of getting Q's without doing courses, like tax, are taught by when non-law students sat any work. The reason it took so professors who could pick a D around that area; then I had to long was that I came to law off the tail of a skunk at 500 be careful not to pick up stray school actually expecting to yds. And, there are also some concepts. (The only explanabe educated, trained to be an teachers who I ike. to call on tion I had for talking about attorney. I know this sounds random students in large returns to scale on one exam like a Dickens novel, but I was classes. Needless to say,, this was that I must have thrown into Section 3 and my repugnant practice has overheard an economics stutroubles began. Disillusion- disastrous effects upon efforts dent say something as the ment and skepticism set in to avoid serious work, and I ' elevator opened on the second quickly, as I realized I was a therefore devised a method to floor. mere playtoy in the intellec- deal with this unpleasantry. I A major hurdle I was unable tual deathgrip of various pro- wore a paper bag over my to clear was the dreaded fessors. They wanted to teach head. When any professor callseminar. They are usually too me.to be a lawyer like I wanted ed out, "Mr. Zip," I said small to use the paper bag a case of acne. So I decided to nothing It used to make me trick, and professors normally fight back. Play a game within laugh so hard after class that I require each student to present their game, so to speak, and nearly sucked the paper bag a paper at the end. While I win both. It was a beautiful down into my lungs. have resorted td unusual plan, and it worked. The real challenge, however, methods, cheating or First of all, I realized that came around exam time. If the plagiarism are not among professors at ÜB. give very exam were an in-class, openthem. So, what I did was this: I few D's and rarely any F's. The book, I used to turn pages told the professor that I'd people who received those slowly and write fast Once I research a very narrow topic. grades weren't .dumb, just took too many reds and nearly What I really'meant was that I stupid. They studied for exams copied the book, page-forwould find the most obscure all semester as if what they page. Most of the time, I had subject matter, about which wrote really mattered no idea what I was writing. But mothing was actually known this, Understanding I I'd throw in words like 'nolo and about which nothing could developed a system. contendere', 'condition precebe really said or disputed. I I avoided courses known for dent', and 'de minimus' to remember one paper well, their high percentage of divert the reader's attention (It "Federal Court Martial ProD's,like any of Al Katz' classes backfired only once, when I cedure As Applied in State I reviewed meaningless SCAT suggested in an evidence exam Courts of Small Claim: The Erie sheets for the one bit of rele- that the faultering lawyer use Problem Revisited " Citing vant information they contain- habeas corpus to remove a Hawaiian and Puerto Rican ed, i.e., the grade percentage hostile witness fcom the stand precedent, I maintained that breakdown. They were my de novo). there was, little threat of indead reckoners Closed-book exams present terference by the federal Then, I registered for their own problems They restatute (especially since Puerto courses' 'which* .had, plenty df quired that 'I sit on the window Rico was not yet a state). After students, under the theory that sill of the law library for a discussing jimmy Ko (those Hawaiian names!) v. Kahuna Laundry, 331 Hawaii 50 (1960) (a case involving alleged damage to one of those famous "pineapple" shirts the plaintiff had purchased in Hong Kong, in which Federal Court Martial Procedure was held not to apply), the teacher advised that we take a break, after which no one returned to hear my conclusion So there you have it the wealth of my law school experience Anyone interested in Who are these people (one hint —one of them was a surprise en further "information can pick try in N.Y.U. Law School, Class '82)? up my book, "SUNYAB LAW WITH YOUR FYES CLOSED," on sale now in the Baldy Bookstore - ' - — ! — Goldberg v. Kelly Reversed In a surprise move last jnonth, the Supreme Cdurt reversed the landmark welfare entitlement case of Goldberg v. Kelly (397 US. 179). Goldberg had been argued and decided in 1970, when ÜB. law professor Lee Albert and others successfully defended John Kelley's right to a pretermination hearing. The impact of the case, later overemphasized, was that welfare cent political changes, receipts of welfare benefits could in no way be considered a right. Mr Justice Brennen, writing for the court, remarked that "there change which we foresee will occur in the wake of our decision." (436 U.S. 103) ... . .. . Reached for comment, Professor Albert was in his conhas been an overwhelming demnation of the court's decirevision of our thinking in this sion. country, particularly with "Well, come on. No, well respect to government largesse. President Reagan's re- no. It just isn't possible is it? I cent mandate is sufficient mean, what if ... if there authority for the proposition are due process questions, that the public fisc can no issues, that this decision raises. strike that a benefits or the receipt longer subsidize private ir- Am I, Lee pracThere a h aven't university professor is responsibility. was a right as thereof you people in the Onion tired, tical problem which threatendistinguished from a privilege. ed to render this whole quesI" mean become bored, with In an ex patte proceeding, tion moot, i.e., a sheer lack of parodying my delivery. It's bad the Supreme-Court granted the 'public funds to provide enough that Goldberg's been respondent's petition for a Disability Benefits. However, reversed. You sons of.,_, strike get me a copy of the rehearing and decided, citing we do not reach that question. that Swift v. Tyson. A unanimous Our purpose here is to Opinion, will you. I'd like to court held that in light of re- facilitate broad legislative see it." —— .. ... Ms. McCormick move. makes her Headed for Hollywood - ' Tax dollars spent wisely Random Briefs Carol Burnett v. .The National Law Review respectively, concurred that it was probably a bird house (what does that say decided by a Los Angeles about law review?). Bob Potencounty court, former drug user za, glib wit and tax whiz, and alcoholic Carol Burnett stated emphatically that it was recovered 1.4 million dollars a "periscope to see into the seagainst the prestigous National cond floor bathrooms." Mary Inquirer. The Inquirer, which Fahey, who will clerk for the has assumed the role of public 4th Department next fall, said watchdog, had released a story it was an airlines arrival and linking Ms. Burnett with departure console Mary plans drunken episodes inside a to fly to Rdchester next year, although it is not known yet Washington restaurant According tha that story, the actress whether she will do so with the had hurled vituperative assistance of aircraft. To be sure, the box is a housepithets at former Secretary of State Henry Kissinger while ing for a monitor which will totally intoxicated Although broadcast taped messages these facts were controverted from Dean Headrick to the law by Ms Burnett's lawyers, the school .* Onion has learned that one the ** In an uncharacteristic show night in question, Ms Burnett of stealth, Ms. Caitlin McCortook a Urge quantity of cocaine in addition to various mick attempted to glean alcoholic beverages, and in the unawarded honors at convocaheld ceremonies of several tion company Hollywood personalities, said prematurely this year. The efthings to Mr Kissinger which fort, which would have deprived Kathleen McDermott of a cannot be reproduced herein hard-earned accolade, was After interviewing the jurors frustrated when Ms. McDerwho decided the issues in favor of Ms. Burnett, it was learned mott appeared to receive the award herself. Unwilling to that she had made promises of substantial compensation to allow Ms McDermott's each of them for a favorable presence to deter her, McCor mick approached the stage verdict When pressed as to which charity the actress (who hoping to beat her classmate was responsible for the careers to the envelope. Dean sensing something of such heavyweights as Tim Headrick, was amiss, smiled sheepishly Conway and Harvey Ko(man) would be donating the pro- as he greeted the two canceeds of her million dollar ver- didates for the single award. It dict, she indicated the award was only quick thinking on the will be made to Carol Burnett part of Ms. McCormick which saved the day: realizing that Enterprises, Inc., a corporation responsible for the support she was beat, the pretty, perand maintenance of her drug sonable international law scholar put the blame on dependent daughter. Inquirer In a precedent setting case Headrick's mispronunciation of Irish names. Later, capitaliz- *** In other news, Governor ing upon another mispronunciation, Caitlin copped an Goulash, whom the Onion has award'intended for Kate Mclearned was married 18 times Cdurt who did not attend before meeting New York's *** chief executive officer. ReachBob Seigel, former Associaed for comment, Carey equiption Editor of the Opinion, ped, "Are you kidding?" rehearses for his sojourn to the West Coast, where he plans to *** The box pictured above has (a) go to journalism school, (b) spurred intense speculation practice law, or (c) begin a regarding its purpose. Larry career in showbiz. Does the Malfitanoand Peggy Fabic, Expicture leave us any doubt ec and Senior Editors of the which of the above it will be? Carey married Ms. Evangeline April 23, 1981 Onion 11 �Requiem For a Lightweight U.B. Law Loses An Institution this of his request did not strike us blush, vve have acwill lose one of its arguably quiesced. The prejudice of strongest assets. Joe Peperone, hindsight wduld weigh too sports afficiando to the law heavily, perhaps, upon those school, will leave in September guesses, and in the spirit of to become a clerk for the Palsgraf v. Long Island R.R., it Court of Appeals in Albany. is not the hindsight of a fool During the past two years, but the foresight of the Mr. Peperone (who will remind "reasonable man" which we you without asking that must bear as a standard. Peperone' is spelled with one What, then, can be said P') has blessed us with insight, about our former Sports commentary, and prediction That he was a selfEditor? the events of profesabout proclaimed "expert?" No one sional sports While this article can remember back that far. to was originally intended That he never played sports review some of the many himself? Pure hearsay. That his predictions that Joe has made identification with athletes dyer the years, he asked that was Freudian? Scandal! we refrain from dding sd. Although the reasonableness Actually, the gipper has With graduation of year's senior class, the Opinion at first sports in his blood. Like you and I have platelets and corpuscles, Joe has little baseball mits and footballs. Remember the show, "Let's Talk Sports?" Joe had an idea one year, "Let's Eat Sports!" In fact, at press time, the little fella was rounding up a group to attend the Blue Jays-Yankees game in Toronto. In short, let us savor the light Pepperone shed upon sports while he was with us. Even if that means ignoring all the prophecies Joe made. If we can forgive Tamara Rand, certainly Joe deserves the benefit of our doubt. Good Luck, Joe, with the justices on the Court of Appeals. Hopefully, they'll be more gullible. At Your Newstand Now BUFFALO LAW REVIEW I 12 Onion VOLUME 29 ' SPRING 1980 NUMBER 2 Articles Free Speech in the Classroom: Is There a First ■" Amendment Right? by Phil Halpern The Shoe Theory: Taxation on the Wright Foot, by Louis Del Cotto - Running On Water Joggers' Rights and Coastal Zone Management, by Robert I. Reis Carl, I Think We're in roto. by John Henry Schlegel Notes None Dare Call It Treason -A Critical Look at UNCLOS 111. by Winsteadi Lome Comment Chemise Lacoste: Implied Warranty of Prepiability? by Scott Andree Wright Use of Dogfood at Taco Emporiums - Within FDA Purview? by Marshall Breger The ABA Dress Code: Will Law School Ever Enforce It? by Justin White FACULTY OF LAW AND JURISPRUDENCE STATE UNIVERSITY OF NEW YORK AT BUFFALO April 23, 1981 Opinion sports reporter Joe Peperone is seen here outside a bar in Edmonton, Alberta. Joe's search for a reporting job came to a tragic end last week when he showed his last sports article to the Edmonton Star, the only paper dumb enough to acknowledge his resume. Gypsies In Possession by Scott Capen Dean Headrick announced today that the gypsies who Act. The Dean, noting the. shoddy construction, remarked that they may be remodeling for a more permanent stay. The Oxford-educated have inhabited the second floor since spring break have helmsman of the law school met the statutory requirements declined to comment on for adverse possession and rumors now circulating throughout the school that the cannot be,forced to leave. were responsible for a gypsies The boy Dean noted that law library break-in and gypsies have been doing this recent vending machine heist. sort of thing since the 15th cenHowever, he * cautioned, tjfciai "We may that, and he tury 1 able to incdrporate their hbres'l bwneri and pareTrfS-'crf small well children would be presence here into our properadvised to keep their charges ty curriculum." at home during the gypsies Headrick was first alerted to stay. this situation when members light of these In of his Property I section in- developments, security around formed him that they were the duck pond has been doublunable to use the bathrooms ed While the gypsies on the second floor. Plastic themselves have consistently sheeting had been erected by refused comment, several have the itinerant wanderers in front been overheard to say that, of the bathrooms in order to while there is not much room proivde sufficient im- for sleeping, thejr family of 16 provements on the property to to 23 never has to wait to use qualify under the Homestpad the bathroom in the morning. Prof. Doubles As Cleric Law Professor James Atleson recently'admitted that he was dnce a Catholic Priest named Father Guido Sarducci. Atleson confessed that he was kicked.out after he attempted td unionize the priesthood and strike for better hours. Atleson says that "The man upstairs is guilty of unfair labor practices." When asked -if he recommended a career in the church for law graduates, he quipped that after three years of law school celibacy is easy The University of Buffalo's to accept. '■■ of Law Faculty and jurisprudence boasts the largest Ethics Professor, or us- U.B. Talking Proud ed to, and the most expensive Ethics Course east of the Rockies. The Law School at Buffalo also can claim to have the only Torts section in the United States since 1928 where Palsgraf v. Long Island R.R. was not taught. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-04-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/23/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/25d196c79f7288d5b6ef124d132b80b5.pdf 9e1d2c5ee9e5fe2a48fc8dbf80fafdc5 PDF Text Text Cartwrights Legal Institutions: A Question of Competence? by Joe Peperone taught, and spoke with both Professor Cartwright and Dean Upon hearing complaints Thomas Headrick. His report from first year students atten- follows. ding Associate Professor Bliss i Cartwright's Legal Institutions Twice a week, for 75 class. Opinion reporter Joe minutes each, the first year Peperone set out to determine students in Section 111 attend a whether the complaints''were class called Legal Institutions, justified. He attended ' two taught by Associate Professor Legal Institutions classes, inter- Bliss Cartwright. The course atviewed students who were tempts, through the use of against, and for, the course as social science studies, graphs Non-Profit Organization US Postage PAID Buffalo. New York Permit No 708 . and statistics, to give the students a basic understanding of how judges, lawyers and legislatures use data to reach their decisions. The goal of the course is to enable the students taking it to analyze data and be able to use it, or attack it, when they encounter it in litigation in the future. The basic complaints I heard about the class before I attencont'd, on page three — Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14 260 ['Only the apathetic have no opinion Volume 21, Number 10 , State University of New York at Buffalo School of Law April 9, 1981 Many Seniors Will Be Unemployed at Graduation by Jim Kraus As another year of study draws to a close, the current class of graduating law students prepares to clean out their lockers, unload their case books and whistle "Pomp and Circumstance." However, don't be surprised when someone tells you that roughly 70% of the Class of 1981 will attend graduation without knowing who will be supplying the bacon which they are suppos- used by Placement to describe the status of those students who have found work with which they are satisfied regardless of their having passed, failed or not taken the bar exam. That is, if a law graduate those with less than ten at- torneys. The results of the employment survey of last year's class can be further delineated: of the 203 students who have found employment, 114, or is working a transitory job until 56% are working in private something breaks, he would practice; 20, or 10% are not be deemed "employed" employed by the government; for the sake of Placement's 18 or 9% are working in the statistics. Therefore, only a tru- area of public interest/service; ly employed graduate is 17 or 8% work in business posireflected as one. Additionally, tions; 17, or 8% are judicial 17 students, or 7% have pass- clerks; 9, or 5% have taken positions in academia; and 4, or 2% have joined the JAG Also, this particular survey showed a growth of employment in large firms as well as a doubling of those hired in Rochester, as compared to the results of one year earlier. Recently, the Placement Office attempted a survey of the second and third year class members who had taken part in the on-campus and New York interview sessions. However, due to the pathetic lack of response and errors in some {>f those which were timely returned, no credible results could be elicited from the survey. Therefore, no specifics as to this year's interviewing experiences and results are readily available. Soon, however, seniors will be asked to fill out and return Alumni Directory Forms which will provide the Placement Office with information as to each student's whereabouts" as well as providing their employment situation. It is from these forms that the yearly Alumni Directory will be put together sometime next year. Corps. Audrey Koscielniak, Assistant Director of Placement, remains optimistic about UB law students' futures. ed to bring home. That is, if ed the bar exam but have not past history rings true, only found employment, while the about 30% of the class will remaining 12, or 5% did not have confirmed job offers for pass or take the bar exam and, the fall of 1981. because of this, are not While the above figures employed. might seem somewhat startTherefore, the rough ling, Audrey Koscielniak, Assis- estimate projecting 70% of the tant Director of Placement, Class of 1981 to be believes the employment pic- unemployed at graduation ture at graduation is hardly in- should quickly dissipate dicative of the opportunities downwards to about 10% awaiting those law students within one year. Audrey who have not found jobs at believes.one main reason for that time. Finding the job this lies in the inherent nature market this year to be of the small firms which cansomewhat similar to that faced not afford to take on a "highby other recentclasses, Audrey priced law clerk" until that instresses the findings of a cur- dividual has taken and/or passrent employment survey of the ed the bar exam. Reinforcing Class of 1980. this notion is the fact that The Placement Office was employment surveys of recent able to contact 232 students, graduating classes have shown or 95% of last year's class. Of approximately 25% of responthese, 203, or 88% have found ding students are indeed, "employment", a term of art employed in small firms, i.e., ter understanding of this year's New York, students must employment situation will result. Audrey stresses the importance of every graduating stu- become aware of untapped job possibilities. Only by actively working the job market can a student expect to really dent responding even if they find out what lies ahead as far are without jobs at this time, as employment is concerned. Although Alan Carrel, since those students will receive feelers from Place- Audrey, Chris Moon and the ment as well as the monthly rest of the Placement staff can Employment Bulletin. do much to help a law student Along these same lines, the secure a job, the burden is on Placement Office definitely the student to employ Placewants to keep ongoing comment's constructive advice as munications open with those a tool to further track down graduating law students who employment. Those students have not found employment. It without heavyweight credenis important that unemployed tials must, in most cases, work graduate law students keep in somewhat harder. touch with the Placement OfWhat it comes down to is fice since law firms will con- the fact that no one is tinue to contact Placement guaranteed employment simpwith immediate job openings. ly because they weather out Also, it is not unusual for a three years of graduate study Buffalo Law Alumni to contact in law. The profession has the Placement Office with in- allowed itself to become formation concerning an im- bloated with practitioners in a mediate opening and ask the way unsurpassed by any other Office to contact those comparative occupation. Until students still looking for work. some sort of limitation is devisThis is a main reason, Audrey ed, the situation is bound to states, that those without jobs degenerate. It is for this reason should periodically contact that students in years to come the Placement Office to make must alter their employmenttheir employment status seeking strategy from that usknown. Furthermore, since job ed by their predecessors. This openings also tend to occur alteration may take place in including after the bar results are releas- many ways ed, this ongoing communication seems imperative. All in all, nobody can rightfully contend that the Placement Office is the source of their unemployment. While Placement can open the doors to interviews and help with tactical strategy, students owe it to themselves fo be alert to specialization of study, chang- ing geographic target areas and fully investigating nontraditional jobs for those with a traditional legal education. It is only by this realistic viewthat future classes will be able to forego the employment bottleneck as it now exists. After all, it does" take opportunities and make their something away from your own breaks. Students in years stint here to be accosted by The Placement Officewould to come must not be lulled in- the fact that possibly seven like to see aruearly response to to the false sense of security of out of ten students receiving these forms, which should be having a Placement Office on their juris Doctor degrees on available this week. In fact, if hand to find them employ- Graduation Day will walk the majority of these forms are ment. Given the market condi- away not knowing where their returned within a week, a bet- tions, especially in Western futures lie. . �Vol. 21, No. 10 Opinion I April 9,1981 Editor-in-Chief Student Evaluations Sought in Cartwright Tenure Decision Managing Editor Bob Siegel News Editor: Feature Editor: Marc Ganz Ralph W. Peters Photo Editors: Lee Berger Frank Bolz Business Manager: Jim Kraus Staff: Bill Altreuter, Alan Beckoff, Doric Benesh, Peter Bergenstock, Joyce E. Funda, Steve Gabor, Laurie Gross, Pat Jayne, Jay Marlin, Marty Miller, Joe Peperone, Mike Rosenthal Contributors: Gemma DeVinney, Ron Winter © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. Editorial Cartwright Should Be Denied Tenure - miftee will decide whether ProCartwright will be Open letter to students who recommended for tenure and have taken Professor Bliss promotion to full professor. Your letter, which can inCartwright's Courses. Following the usual custom elude comments about his of the Promotion and Tenure teaching effectivenss, his To the Editor: Edward M. Sinker fessor Committee, may I request that you take part in the evaluation of Associate Professor Bliss Cartwright's professional status. Professor Cartwright will be reviewed by the Promotion and Tenure Committee later this semester. The Com- ' scholarship or his interpersonal relations with students, should be delivered to Linda Mudd, Room 312 O'Brian Hall praisal of Mr. Cartwright's professional progress. The letter will be kept in strict confidence. It should be addressed to Professor Thome McCarty. May I thank you in advance for your kind and thoughtful response. If you have any questions or concerns, please feel free to call me at 636-2060. no later than April 15, 1981. Your letter will become part of a larger packet of materials which will permit a fair ap- Allan L. Canfield Assistant Dean for Student Affairs Thanks to Revue Participants Wilkeson Pub, its manage- To the Editor: ment and staff, for accom- On behalf of those who attended and enjoyed the 1981 Buffalo Law Revue Show at Wilkeson Pub on March 27, I would like to thank the following people: Leslie Wolffe for her production; Joe Peperone, Chris Trapp and Terri Rhill for M.C.'ing; Aaron Chambers for musical direction; Karen Russ for the use of her sound equipment; Dale Clark, Joe Ruh and Jon Malamud for dealing with the lights; Tenured faculty members should re-assess their criteria recalcitrant Doug Johnston, Tom Gick, for extending tenure to colleagues. Too much emphasis Pat Jayne, Mark Berkovits and has been placed on a professor's capacity to publish, and all the others who checked at not enough on his or her ability to teach. the doors; Teaching ability and scholarship are not necessarily mutually exclusive, but when a candidate demonstrates President's the two to be exclusive, the scholar must unquestionably be denied tenure. Such scholars should no longer be allowed to hide behind the facade of tenured professorships. Bliss Cartwright should unequivocally be denied tenure at this law school. Opinion has, in the past, not sought to editorialize tenure matters properly before the faculty, but never has this paper felt so strongly about a candidate being so totally void of any teaching ability in the area of law. Cartwright's lack of substantive knowledge of the law and his inability to achieve leadership status in the classroom have caused many students to lose respect for him and avoid his courses. by Bill Altreuter Dean Headrick must cautiously scrutinize the employment of his "Buffalo Model." Quality and compatibility The SBA budgetary process, with law courses and faculty, if the Buffalo Model is to traditionally a debacle, promean anything, must be a factor in bringing other mises this year to produce a disciplines into our present curriculum. We firmly believe budget that is fair, carefully that neither our law curriculum nor our faculty would be worked out, and reasonable. enhanced by Cartwright's continued presence at this law With any luck, in fact, we may be able to approve it in school. modating us; The SBA Social and Athletic Committee for paying for the production and beer; The Library AY Staff for taping the show for posterity; The Faculty and Staff of the Law School who attended and participated; and, especially, All performers, who gave their time, effort and talents in order to entertain us. I would, however, like to take exception to some of the comedy sketches that took place. The Law Revue Show was created to showcase the considerable talents that exist in the Law School. In the spirit of the First Amendment, the producers have never attemp- ted to censor the Show in advance. The purpose of the Show is spoof our common experience in Law School and laugh at the problems we've all had. There is absolutely no need to use insult, lewd suggestion and sexist humor to acto complish this. Not surprisingly, the majority of the comedy acts did not stoop to such tasteless behavior to fry to generate laughs. I hope that in future Shows those who were unable to exercise sufficient self-censorship in the 1981 Show will realize that comedy can be funny without being offensive. - Cheers! Nancy Caple Corner SBA Budget to be Applauded J> OPINION ELECTIONS THURSDAY, APRIL 9 623 O'Brian 3:30 p.m. % Any law student can nominate him/herself for any of the following positions: * Editor-in-Chief * Feature Editor * Managing Editor * Photo Editor * Business Manager New Editorial Board will assume responsibilities for the ■■ last issue (April 23) of Opinion. s * News Editor Opinion Apri^,^ 2 something less than the endless hours of meetings which permanently scared the lives of so many, and soured the reputation of the' SBA among the organizations which either didn't get what they wanted last year, or couldn't get it this year. Some history is probably appropriate at this point. Because almost no organization ever spent its entire SBA budget line, it was popularly assumed a huge "surplus" was simply carried over from year to year. This fabled surplus was variously estimated at sums ranging from $10,000 to based on a $5.00 fee raise. Viewed in this light, I believe that the cuts made in the individual organizations' budgets are extremely reasonable. This triumph of reason in the budgetary process is due to the efforts of the SBA Budget Committee, under the direction of Joe Ruh. Some credit is due, as an aside, to our former treasurer, Marc Ganz, who was responsible for assembling the Finance Committee back in the beginning of the year. The Committee met with the heads of the various organizations, reviewed with them their $20,000, but for accounting budgets, and then met to put reasons which remain obscure together a coherent whole. to me, no accurate fix was ever The new budget allows the made. For this reason, it was SBA greater flexibility than we difficult to figure out how to had .this year by budgeting a spend the thing, ideological notions on how best to squander cash aside. "Squander" is precisely the correct word in this context, because what ultimately became of this nebulous treasure trove was as follows: Over the course of several meetings, totaling perhaps 12 hours, the 1 SBA parceled out cash like some updated version of the Oklahoma Land Rush. Printed below is this year's budget, along with the figures from last year's budget. The totals are what's significant: this year's total reflects the SBA's income for next year in our discretionary fund. The new budget will allow next year's Board to award the groups which are the most active, and reasonable amount give promising new groups money with which to get started. This places the emphasis on organizations having visible activities in order to qualify for further funding, rather than simply giving out cash and encouraging people to spend it hand over fist. Fiscal f'espdnsibility has political overtones which make me uncomfortable, but it is a policy we all are going to have to live with, - �Cleo a Fixture at Law School: She Celebrates 21st Year by Edward M. Sinker A "fixture" to a law student is a chattel so annexed to realty that it legally is regarded as part of the realty. A "fixture" to UB Law School, however, is a gentle and warm woman named Harriet "Cleo" Jubulis. Cleo has served as Dean Thomas Headrick's secretary since Headrick arrived here in 1976. She started working at the law school 21 years ago when she responded to a newspaper advertisement. "I was interviewed by the registrar," she beamed, "and got the job the next day." Since 1959 and prior to Headrick's arrival, Cleo has worked for Deans Hyman, . Hawkland, and Schwartz. After having worked for four deans, does Cleo have a favorite? "Asking me what dean I liked best," smiled Cleo, "is like asking a mother her favorite child! Each dean has a different style, but I've en- joyed working for all of them." Cleo met her husband at ArCleo's real name is actually thur Murray's after he had gotHarriet, but she is fondly call- ten out of the Korean War. He ed Geo because Harriet, in was then, himself, an instructor Greek, sounds much like Cleo. there. He is presently a local "I love my heritage," admit- architect. Both have been hapted Cleo, "and I always, enjoy pily married for over 16 years. meeting Greek law students." Cleo likes to spend her spare Both of Cleo's parents were time enjoying the theatre, danborn in Constantinople and cing and art. She has spent Cleo boasts of her 82-year-old vacations seeking out Greek mother's rice pudding as being areas in different cities. the best around. One would think a Dean's Cleo, a Buffalo native, secretary would have enough graduated from Bennett High responsibilities on her mind so School and always wanted to as to preclude a good memory, be a dancer — not a secretary! "I took dancing lessons," said Cleo, "since I was three years old when my parents saw talent and wanted to ex- — plore it." Responding to an ad in a local newspaper, Cleo applied for a position at Arthur Muray's Dance Studio and was hired as a dance instructor. It later became her responsibility, for 10 years, to train the dancing instructors. but, with Cleo, on the contrary! First-year students are astonished when she greets them by name in the halls after having seen them only once in the Dean's office. "There's really no secret," she explained, "in my ability to remember names. I just think it's important to remember names and details... like that summer before you started law school and were in the Dean's office seeking campus accom- photo by Lee Berger Harriet "Cleo" Jubulis at work in the Dean's office. modations..." Naturally, I was Like clockwork, as she has flabbergasted! done for the past 21 years, "I really enjoy working Cleo will start work at 8 sharp — a half hour before most secretaries at the law school. She can be expected to be as amiable and around law students," continued Cleo adding, "and I can't ever remember any hassles. My only complaint is that I wish I could be more exposed to law students than I tomorrow morning as she charming is helpful... and if that's not a fixture, what is? already am." Are UB Freshmen Enjoying Bliss in Cartwright's Course? — cont'd, from page one ded were that it required a statistical and mathematical background which many of the students lacked, and that the students saw no relevance in the course to their education in the law. Other students thought the course was poorly taught,by Professor Cartwright, who, they said, didn't explain the statistical portions of the materials clearly, and misread the basic legal theories inherent in the studies. "' The first class I attended definately bore out some of those complaints. The study being reviewed in the class involved how different factors in deterrence and sentencing affected the crime rate. Combining these factors in various ways produced correlations. These correlations were then analyzed in the study to determine which of the various factors were significant alone or ended with many students visably upset at what had taken place. Following the class, I spoke with Dean Headrick, and voiced to him the complaints I had heard, as well as my opinion of how the class had been conducted. The Dean took note of these comments, and then gave his views of the" course and why it was being taught. The Dean said it is important students realize that the things important to them as lawyers are not all found in cases, statutes, and their analysis — which tend to be the focus of the basic first year courses. Institutions, and the roles of class lawyers, judges, and organizations, the Dean continued, are alsp important, as well as the legal processes used to arrive at these decisions and the way those processes affect "law". Headrick said future lawyers have to understand these proor they will not be cesses together. The class clearly began the able to function in the legal discussion confused with the world of the future. As to the assigned study, and the mean- argument that the class may ings of the symbols and for- be steeped too much in mulas used to arrive at the cor- statistics Dean Headrick adrelations in question. Many mitted that law students questions were asked of Cart- without a training in math are since the wright to try and clarify these in for a rude shock symbols, but his answers ten- law increasingly involves math especially in ded to ramble, and he drew and statistics more formulas on the board to the area of environmental law. "I don't quarrel if Cartwright show how the symbols and numbers were arrived at, fur- wants more statistics," the ther confusing the" class. The Dean exclaimed, "but I do class never really got to what worry about inadequate the article actually meant, or preparation of our students in what the numbers proved or statistics and computer disproved. Instead of ignoring science." The Dean said he the formulas and discussing would recommend law the results, Cartwright mud- students take these courses in dled in unnecessary statistical the future while in law school. As to the student complaints theory losing the class in the they are guinea pigs in the that process. » Finally, some students with school's great experiment, the backgrounds in math and Dean made some pointed comstatistics stood up and address- ments. He said the school's ed the class themselves, at- curriculum is now being changtempting to explain what Cart- ed in the direction legal educawright was trying to say. The tion should be going. Every — — — — — change, he said, has been a movement toward an ideal — not a result in itself. Courses such as the Legal Institutions course, the Dean said, are all steps in the right.direction, but can and will be improved. the right questions about it — otherwise you would have to take an expert's testimony on faith." As for the problems others had encountered with the questions must be asked of it. Cartwright said a lawyer should be able, without advanced training, to get at these issues, and see if the studies he or she may see in a brief or in evidence come up to the rough state of the art standards. Then the lawyer would be better able to ascertain what type of expert witnesses were necessary to their case and what should be asked of them. Cartwright admitted the course was placed in his lap in early December after Professor Schlegel had other commitments, and said the lack of preparation time forced him to use the coursebook he was using, which, he said, included some badly written studies. But he did not think the course involved more statistics than would be taught in the first day of an undergraduate statistics course. Cartwright said the class would not be given next year, but a seminar is in the works if good raw material in appellate briefs can be found. course and the philosophy the Dean behind it, one student thought stated emphatically, "People Cartwright's main problem would be guinea pigs if we sometimes was he tended to continue to educate them in over explain himself. Another the ways, of the past, in the said it was a tactical mistake world of the future that to call the course an experiment would be slaughter!" the relevancy of such Some other students in Carta class should have been wright's class tended to agree shown in the beginning a with what the Dean had said. relevancy this student said was While they admitted Cart- there. "Good standard lawyers wright may have limitations as are a dime a dozen," he said. "I a teacher, they liked the give credit to the school for course in general and thought making innovative curriculum people will be betit to be a welcome addition to changes the curriculum. One stated it ter lawyers for it." was very difficult to know as a Finally, I spoke to Cartstudent what you need to wright himself, about the •know as a professional and above comments. He basically said he had seen the use of repeated the Dean's explanamore and more social science tion of why the course was besaying the course data in briefs. Another thought ing given the course was necessary sought to demystify statistics to discover how informabecause "You have to know how data is put together to ask tion is generated, and what Summing up, — — — — — — — Commentary UB Curriculum Has to be Proven the law school courses for the curriculum, and persuade the best legal themselves. they can get, to teach The Law School's goal to No one will argue against minds be innovative .and teach change if the change can be them. Guessing what courses the students what will be important to their legal careers in proven relevant and first year students will be the future is a commendable necessary. While the Law forced to take next year is a School can show change is fine game but a sick one. one. What is not commenthey have not The ones playing it won't be dable is how it has been car- necessary ried out. Courses have been proved what new courses affected. But the men and thrown together at the last taught to date have been women who send in their money and decide to attend minute. Different students relevant either to a signifireceive different doses of cant group in the faculty or the Buffalo Law School next what is decreed important. to the students. The burden year don't even get to play. Certain students are told of proof is on the Law They are the ones who run they are being experjmented School administration to the risk of being placed in with. And those experimen- show they can put together a unproven courses, taught by tal courses are taught by pro- package of relevant, in- unproven professors, for unfessors who are experimental novative and necessary proven goals. by Joe Peperone to — — ' April 9,1981 Opinion 3 �Clinical Instructor Seipp Will Leave Law School in Spring by Joyce E. Funda Gerald P. Seipp, clinical inlecturer for the Lawyer-Clinic Program, will be leaving his position at the end of the spring semester. Although his future plans are uncertain, Seipp indicated he would be attracted to legal serstructor and law Boh Frank by photo Under Seipp's supervi- the clients receiving legal sersion, third year students in the vices. He also pointed out that program counsel actual clients the Clinic is involved in the years. in various contexts, providing litigation of significant issues valuable experience to the such as education and mental students and legal services to health. His point was ilthe needy. Additionally, Seipp lustrated by reference to an arrecently offered a seminar in ticle which appeared in the Gerald P. Seipp, clinical instructor and lecturer for the Welfare Law. Buffalo Evening News on Lawyer-Clinic Program, reposes in his office. When asked why he was March 29, 1981 highlighting on the Clinic's involvement leaving, an area he was noted that the Seipp vices litigation, involved with for five years instructor/lecturer line is a behalf of Buffalo parents and would only say they were talent and enthusiasm, but non-tenure position and that it teachers in an effort to obtain uncertain. Half-smiling, best wishes are extended by before coming to ÜB. Seipp has been an instructor is "time to move on." He was appropriate instruction for however, he said just maybe he the law school community for his future success, whether in would open a bicycle shop. in the Legal Assistance Pro- quick to emphasize that he handicapped children. The" Clinic Program will cer- the legal field or bicycle In response to inquiries gram, also known as the considers the Clinic Program Lawyer-Client Clinic, for four to be valuable, especially to about his future plans, Seipp tainly miss Gerald Seipp's business. Mugel Tax Competition Is Again a Success The Moot Court Board Professor Kenneth Joyce, dealt hosted the eighth annual with the tax treatment given to Albert R. Mugel Moot Court a settlement received by a Tax Competition on March 20 male associate attorney for a and 21. This year twenty-seven claim of sexual harrassment by teams competed from nine- a female partner. The respondent team from teen law schools throughout the northeast, midwest and Suffolk University of Boston south. The problem, written by won in the final round over the photo by Lee Berger Professor Kenneth Joyce wrote this year's Mugel Moot Court Tax Competition problem. tioner and UB alumnus for whom the competition is named. Many Buffalo law students took advantage of the Mugel to observe top oral advocates from throughout the country. Following the final round, an awards, dinner was held, highlighted by a Glenn Pincus ballad based on the problem. The Moot Court Board is proud to be able to host this, event which draws attention to the law school by students and from schools faculty throughout the country. The Miller, Deputy General Board received many comCounsel of the IRS in plements for the smoothness in Washington, DC, John White, which the competition was run District Counsel of the IRS in and friendliness of the Board Buffalo and of course. Pro- members and students here at fessor Mugel, a local practi- the law school. respondent team from the University of Cincinnati. The team from the University of Maine won the Best Brief Award. Michael Costa of New York Law School won the Best Oral Advocate Award. Buffalo was represented by third year students Bob Potenza and John Harras who won both their preliminary oral rounds. Judge Louis Spector, a Trial Judge on the United States Court of Claims and a UB alumnus, presided over the final round with Stephen PAD Fraternity Welcomes New Members by Ron Winter Phi Alpha Delta Law Frater- nity is extending a cordial invitation to the law students and faculty of this school to join our organization when it inducts new members, in- cluding Professor Ken Joyce and State Supreme Court Judge Joseph Mattina, later this month. PAD offers its members, both students and alumni, a chance to develop professional ties not available to the legal community at large. This bond of fraternalism, which is Phi Alpha Delta, is the essence of the ideals which the Fraternity strives to foster. What does the Fraternity do and what does the student get for his thirty-five dollars? Members get nothing out of PAD unless they get involved. They get back only as much as they put into it. The rewards are there if you seek them. PAD's seventy members have many and varied reasons for joining. For some, it is a method of making new friends; for others, an outlet from the daily grind of law school. Still others use PAD as nothing more than a line on their local bar as guest speakers, and promotes business associations between students serves the Generally, PAD attorneys. student, the law school, and and practicing lighter note, PAD sponOn a are a the legal profession. We sors social activities such as its professional organization of recent Mardi Gras Party and world-wide, members 90,000 upcoming end of the semester divided into nearly 200 law week starts our bash. Next school and alumni chapters. Contest, a welcomed Jellybean Members include some of the rigors of law from the escape most prominent jurists, world's life. lawyers, and government school you would like to know If leaders, past and present. more about Phi Alpha Delta Locally, the Alden Chapter Law Fraternity, stop by our ofat UB Law School sponsors a fice (room 506) or ask one of semesterly used-book sale.and our members. We will be inbloodmobile. It also sponsors itiating new members on April prominent members of the 14th, so act now. resume. In any event, PAD has something for everyone. ITALSA Makes an Offer You Cant Refuse by Steve Gabor A petition for the recognition of a new organization called the Italian American Law Student Association, ITALSA, has been submitted to the Student Bar Association by Rocky D'Aloisio. The main objective of the organization is to "increase student rapport with the practicing attorneys in'the Buffalo area by coordinating activities with local lawyers of Italian descent." The principal means by which D'Aloisio has proposed to accomplish the goals of the organization is to invite practicing attorneys of Italian descent to address the group. One outlined topic for discussion is "past discrimination against Italians in the field of law and what, if any discrimination an Italian law student can expect to face when he goes into practice." The group also expects to sponsor activities where nonlaw related issues of Italian heritage will be presented and discussed to increase the members' awareness and pride in their heritage. D'Aloiso claims- "the history and development of Italian culture is not well understood in this country, and this organization will hopefully provide an opportunity for law students of our school to learn more about this history." In his letter to the SBA. D'Aloisio requested an office in the law building "in order to effectively carry out our objecleave their names at the tives." The organization is Reference Desk so additional open to all law students regardless of ethnic origin. classes can be scheduled. Library Will Highlight Looseleaf Services Today by Gemma DeVinney Reference Librarian tionsand rulings, statutes, and court decisions on a single area of the law such as environmental law, family law, labor law, taxation, etc. Because of their looseleaf format these.services are updated as often as once a week to keep students, scholars and The Law Library will be offering instruction on the use of looseleaf services today, April 9, from 12-3 p.m. in the* Library's newly-instituted Looseleaf Room (Room 223, formerly called the Attorneys' practitioners abreast of rapidly Room). Looseleaf Services are changing and important areas excellent, but frequently of law. In addition, many underutilized, research tools looseleaf services provide that provide quick and easy ac- editorial explanations and cess to administrative regula- commentary, as well as current awareness notices, such as news of proposed legislation and pending agency decisions. Marcia Zubrow, Head "Reference Librarian, will discuss the organization and effective use of Commerce Clearing House (CCH) and Bureau of National Affairs (BNA) looseleaf services in today's session that is open to all interested students and faculty. Those with scheduling conflicts who cannot attend today's class are encouraged to This issue, my last as Editor-in-Chief, is dedicated to my grandfather, George Bonamassa, whom I pray will be here to enjoy it. Edward M. Sinker — 4 Opinion April 9,1981 ILS Elects a New Board; Upcoming Slated Events Law Court Competition the International Law Socie- Moot ty has elected its executive and publishing an Internaboard for the upcoming school tional Law Journal. year. Ralph W. Peters was On the immediate agenda of chosen as the new president. the ILS are the upcoming lecServing under him will be tures by R. Michael Cadbaw Robert Schultz as Treasurer, and Arthur Gellman The two Boris Pal ant and Ellen Sinclair men will speak on April 13 in as Vice-Presidents, and Dana Room 108 at 3:30. Gadbow is Brutman and Cindy Kanterman an authority on international trade law, while Gellman is an as Executive Secretaries. expert in the acknowledged Also discussed at the law. field of immigration organizational meeting was Following their presentations, the possibility of hosting next wine and cheese will be servyear's Jessup International ed. �Solo Practitioner Claims Second Circuit Cover-up by Robert Siegel Textile and Rudd Plastics entered into a new contract. Cries of "fix" and "Nixonian This new agreement, however, cover-up" are echoing in the eliminated Oscar Shuffman's chambers of the U.S. Bankrupt- right to a finder's fee. Oscar cy Court and in the Second Cir- Shuffman died in 1975. cuit Court of Appeals. David Shuffman entered It all began with what U.S. Bankruptcy Judge Roy should have been a routine Babitt's courtroom for the first legal matter. David Shuffman, time in June of 1977 expecting a thirty-three year old solo to receive a calendar date for a practitioner from New York Ci- later hearing on the merits. ty's Eastside, tried to win, for Babitt however decided to his widowed mother, $80,000 hold an immediate hearing on claimed due on a finder's fee the merits thereby not giving contract. Things, however, did Shuffman the opportunity to tion, to the exclusion of the from the public view by long other party, ac\d this com- black robes. munication led to. the prior In addition, Shuffman's judgement. Surely the ap- allegations have been brought pearance of impropriety here to the attention of the U.S. atis overwhelming. Attorney torney for the Southern Shuffman charges the District of New York. The U.S. Bankruptcy Judge with making Attorney's Office, however, is an "accommodation" to the quietly biding time and has powerful of Wall Street. not, as of yet, taken any conThis is not the first time structive action. Judge Babitt has been charged Attorney Shuffman has filed with acts of impropriety on the formal charges of judicial bench. In 1978, Babitt handled misconduct with the Judiciary the bankruptcy of D.H. Over- Committees of the House of myer Co., a national Representatives and of the warehouse chain. Babitt's Senate. They responded in brother's accounting firm was bureaucratic fashion, telling picked to be in charge of the Shuffman to address the procompany audit resulting in blem to the local bar associawhat some felt were thousands tion. Seems like more run of patronage dollars being around. paid. While Judge Babitt was Attorney Shuffman now has cleared of all charges after an a wealth of talent in his corner: investigation at the hands of Former Attorney General the federal judiciary, he was Ramsey Clark and bis firm reprimanded for "using bad recently won arguments reverjudgement". It should be sing judge Babitt's order pointed out the firm of Weil, holding Shuffman contempt in Gotshal & Manges was involv- and assessing monetary fines. ed in the Overmyer case, Gilbert S. Rosenthal, the representing the First National New York State Bar AssociaBank of Boston, the company's tion Criminal Lawyer of the primary creditor. Year in 1979, argued the apThe Southern District Court peal of the injunction issued of New York affirmed Babitt's District Judge Brieant barrby ruling in the Hartford case, ing the filing of papers in his though noting that Hartford had acted "improperly" in the courtroom. Irving Anolik, the defense filing of-the Chapter XI reorganization petition. The lawyer who defended Bronx U.S. Court of Appeals, Second County Chairman Patrick Cunningham against attack from Circuit, likewise affirmed. Shuffman then moved, in State Special Prosecutor the Court of Appeals, for the Maurice Nadjari, has been enlisted to lead Shuffman's appointment of a special prosecutor to investigate the case. defense in the disbarment proIn doing research for his oral ceedings. presentation, Shuffman found Ephraim Leibowitz, who his motion denied in the Court regularly writes for the New record before he was ever York Law Journal on Bankruptheard! What happened to the cy practice, is on hand to give due process all of us are entitled to? Be it temerity, or hutzpah, the persistance of young Attorney Shuffman has forced — — not run as smoothly as expected, and Shuffman is now facing disbarment for verbally assaulting the federal court system in general, and his opposing counsel, the powerful Wall Street firm of Weil, Gotshal & Manges in particular. "There is a fix and cover-up taking place in the U.S. District employ discovery techniques obtain information. Judge Babitt ruled that the new conto tract was valid and legitimate, and that under the new contract the older Shuffman was entitled to compensation. Thus, Oscar Shuffman's widow not was only entitled to the commission on goods delivered Courthouse which has before the fNing of the reached such proportions as to bankruptcy petition (before deserve being called a judicial the new contract), the sum beWatergate" Shuffman charged ing slightly over $1,000. Accorin a Westchester newspaper. ding to Judge Babitt, "there Indeed, Shuffman is of the was no post, petition agreebelief that the Court of Ap- ment between claimant (Shuffpeals of the Second Circuit is man) and thedebtor (Hartford), also involved in assorted and there can not be a priority skulduggery and corruption. claim arising from a contracShuffman, who has aptly tual position without a conbeen labeled "the Frank Ser- tract." pico of the Federal Courts", David Shuffman then moved has been fighting the federal to amend the findings and was judiciary for over three years granted a rehearing. At the now, with little success to rehearing, Judge Babitt changshow for his time and trouble. ed his mind and ruled that an In 1971, Oscar Shuffman, agreement had been struck the father of our Eastside at- between Shuffman senior and torney, acted as a middleman Hartford ior payment of a to a sales agreement between finder's fee after the execution Hartford Textile, Inc., a of the new Hartford/Rudd conmanufacturer of housewares, tract. According to Babitt, and Rudd Plastic, Fabrics, Inc. Hartford therefore owed Shufffor the sale of vinyl. As part of man's widow the grand sum of the negotiations, Oscar Shuff- $3,300. (Still way less than the man was to receive a commis- $80,000 being requested.) For Judge Babitt to come up sion on all the vinyl delivered. In June, 1973, Hartford Tex- with this second finding, he tiles was forced to declare had to reverse his prior decibankruptcy. They filed for a sion; his decision that "no postChapter XI. proceeding, Weil, pefition agreement" existed. Gotshal & Manges as counsel. So one must ask from where This is where the ir- the $3,300 plus amount was regularities young Shuffman derived, this figure being forterm "fix" begin. Although mulated without any in-court there were four law suits pending at that time against Hartford and its President, Robert Magid, for fraud, waste, and mismanagement, these law suits Were not mentioned on the bankruptcy petition. Federal bankruptcy law demands absolute disclosure of a corporation's finances for the protection? of all the parties involved. Two weeks later Hartford . discussions involving Attorney Shuffman. Since Judge Babitt initiated the discussion of the newly found post-petition agreement, it must be assumed that sometime between the first and second hearing Judge Babitt had entered into private communications with attorneys from Weil, Gotshal & Manges. Thus, Judge Babitt entered into discussions with one party involved in the litiga- — — . advise if needed. With all this talent, however. David Shuffman still faces an uphill battle. The scales are tipped against him as the federal judiciary and a power of the business world team together to avoid Attorney disgrace. In reality, it's a question of balance, or more correctly, the imbalance existing in our judical system. "I have learned the hard way over the last four years that truth doesn't count for very much in a court of law, especially when you are a solo practitioner and your adversaries are a large and politically well-connected law firm. I have also learned, as a result of the pending disciplinary proceedings, what happens when you dare to speak out against injustices," said Shuffman. To determine whether there is any merit to the substantive arguments of Attorney Shuffman's case, to determine whether the District Court of the Court of Appeals of the Second Circuit covered up improprieties perpetrated by a federal Bankruptcy Judge, and to determine whether signed statements made by the Wall Street law firm of Weil, Gotshal & Manges were blatantly false, an indepth investigation of the entire record is needed. Acknowledging this,: Attorney Shuffman has waived any rights 'to confidentiality he may have. Attorney Shuffman would like the entire scenario aired in a public hearing. Can the federal judiciary afford to allow this openness? Probably not, and this is why the mutual disbarment proceedings initiated two years ago are still pending. «* the federal judiciary to resort to an endless list of sanctions. Bankruptcy Judge Babitt fined Shuffman for contempt of court. And because Shuffman refused to change his tune, the judges df the Second Circuit ruled "in bane" to begin disbarment proceedings against Shuffman. Attorney Shuffman has moved for disbarment of attorneys from Weil, Gotshal 8c Manges. The petition for disbarment of Shuffman by the powerful and prestigious Wall Street firm doesn't mention the initial fraudulent bankruptcy petition, nor the covert agreement reached between judge and litigant prior to the second hearing. Nor does the petition address the abuse and harrassment Attorney Shuffman claims to have received from a federal District and Circuit Court, or the improprieties he claims they have perpetrated in the name of justice. The firm of Weil, Gotshal & Manges charges Shuffman with defamation, and with interference with the disposition of a case through repititious motions and appeals. These, however, are merely the affects of Wall Street 'and judicial misconduct hidden April 9,1981 Opinion 5 �Loophole© byhal malchow Commentary Moynihan's Mailings Present a Taxing Situation by Marc Ganz amination of the United States Senate $39 billion tax cut bill. He states that it "will benefit all New Yorkers." Moynihan's propaganda sheet fails to recognize there are many persons who do not want the rich to get richer and the poor to get poorer. There are those' who believe in a progressive The Neo-convervatives annoy me, ad nauseum. Our Senator, Harvard Professor Daniel Patrick Moynihan, is a perfect example. For his first few years in office, he never sent me a newsletter or offered yograms that benefited the poor people of the state. In tax structure and few other words, he represented his loopholes in the tax code. Moynihan voices his apfriends. There is a strong case to be proval of the Senate bill which made against the reelection of includes a rate reduction in all our present senator. It centers brackets; it includes a reducon his lack of creativity and tion in the lowest bracket from originality in coping with press- 14 to 12% and in the highest ing problems of the era. His are bracket from 70 to 67%. He ideas copied from Rockefellers goes on to support a reduction and Rothchilds, and are full of in corporate tax rates, a cut in anti-populist principles and the capital gains tax rate, an increase in the charitable conconcepts. Let us examine Moynihan's tributions deduction and an last three mailings to my ad- accelerated depreciation dress, which incidentally were schedule that will help big paid for by the taxpayers. The businesses speed their travelfirst, in October 1980, is an ex- ing schedules for the long trip Contributions Still Being Accepted for The Onion Opinion's Lampoon Issue No Fool in'!! Leave material in O'Brian 623 or with Justin White •i Look for Trie Onion on April 23 Why isn't Moynihan out' front arguing for tightening up industrial and municipal bond exemptions and closing off other loopholes in the Tax Code that only help a limited amount of people to the detriment of most Americans? A representative -of Ralph Nader's Tax Research Group had mixed reactions about Moynihan. He said the Senator was good in trying to eliminate » tax statutes where ordinary income is converted to capital gains income by future contracts. This device, tax strat-. windfall profits to wealthy investors. Tax Research Groups' spokesperson ' concluded by saying Moynihan "represents New York State and therefore represents Wall Street." ' I thought Buffalo was hun- dreds of miles from Wall - Street? Moynihan seems far more concerned about corporate affairs than about hazardous'wastes in our drinking water supply. For example, he sent me a letter dated March 13, 1981, detailing his resolution calling on the President to organize a conference regarding the rights of diplomats. He fails to mention we may have too many diplomats and that may be-the cause of all our problems. In this age of computers and tling, costs the United' States Treasury hundreds of millions of dollars each year. But the group's representative said "Moynihan is horrendous on the capital gains exclusion." Our Senator has in- telecommunications, a truly troduced legislation to exclude creative Senator would call for 75% of capital gains income the gradual reduction of all from taxation, thereby giving diplomatic staffs to a level far less than those maintained today. For example what were all the aides doing in Teheran when the embassy was cap- tured? Is there a rational reason for leaving this amount of personel abroad? The only conceivable reason for maintaining staff at current levels is to help large corporations expand operations in foreign nations. In other words, the United States taxpayer is subsidizing the big business's search for more wealth. And now our Senator wants to protect the subsidization program we naively call the diplomatic corps. Well fellow Yorkers, as Moynihan paternalistically calls us, we need to get out the muskets and fire at the Harvard brat a few times. Let him commute right back to the St. Charles River, where he surely belongs: NY Bar Urges Legal Aid Preservation The president of the New repudiation of this nation's York State Bar Association has longstanding commitment to urged Congress to preserve equal justice under law." funding for the Legal Services This year, the Corporation's Corporation, in order to con- budget of $321 million dollars tinue providing the poor of this has funded more than 300 nation with a "meaningful legal programs in 1,450 ofmechanism for obtaining ac- fices, aid serving 1.2 million of the to justice." cess nation's estimated 20 million In testimony before the Sub- poor people. Courts, Civil committee on Liberties and the AdministraAn immediate past president tion of Justice of the House of the Legal Aid Society in Committee on the Judiciary, New York City, Forger noted Alexander D. Forger of New that one-third of the society's York City said the Reagan ad- budget came from the ministration's proposal to federally-funded corporation. "Statewide, a total of apeliminate all directfederal funding for legal services pro- proximately $22 million dollars grams "would represent a of Legal Services Corporation Opinion April 9,1981 6 to Arizona. money supported 27 programs with 109 offices, providing representation in almost 100,000cases," Forger said. He pointed out that nearly all of this funding W3S used to vin- Calling upon critics to pro- duce evidence of abuse. Forger acknowledged that every program can benefit from thoughtful periodic review, "and the legal services prodicate individual clients' gram should be no exception." rights. A small portion was exIn urging support for the pended for class action litiga- continued existence of legal tion action against programs, Forger *said ment agencies, institutions and services that it "unconscionable to is* private industry. lower segment of deprive the "alleged said that Forger abuses" by legal aid lawyers in society of the single most bringing class action pro- significant instrumentality ceedings "more than likely available to them access to constitute an excuse for seekthe legal process and through' ing termination of the program it, the best hope of securing not justification based in basic human rights, on which reason or logic." survival itself may depend." — — — �Pep Talk Which NHL Team Will Capture Lord Stanley's Cup? by Joe Peperone Where will you be. May 28th? If you're a senior, you'll probably be sitting on a beach somewhere, sipping ice-piks, tanning and relaxing. It will be four days after graduation and a week before the Bar review courses start. You'll say to yourself, "Boy, it's sure a long way since April 9th! Back then I was worrying about catching up in my courses, then I had Trial Technique, then that seminar paper to write, and — whew!, I then those exams thought I'd never make it. Then I had that long party week between exams and graduation. And then graduation day — my parents came up, I graduated and then we all celebrated. Now there's less than two months to go!" But, as usually happens, the sun will begin to set, and you'll go home. You'll put a burger on the outdoor grill and eat dinner. It will still be hot and humid outside almost 80°, and not much better inside. The windows will be open and yOu'll pop open a beer and turn on the tube to survey your choices The Waltons — . . . . . Eight' Is hockey — Enough NHL what!? That's right Cub Scouts, NHL hockey may still be with us after the exams are over and after graduation. If all the playoff series go the limit, you could be watching game seven of the finals on May 28th. The ice may be slushy, and the atmosphere in the rinks foggy, but the blood, sticks, skates and pucks will still be there to warm your already warm nights. So in the interest of putting puck in mouth I will now give you, in my borderline, mystical way a peek at how l! see the fight for Lord Stanley's Cup. For the uninitiated, the NHL season began in early October, 1980. Jimmy Carter was still President, John Lennon hadn't had an album out in five years, and the hostages still had 100 days of captivity remaining. Since then, the 21 teams have played a total of 840 games, and the result is that Winnipeg, Hartford, Detroit, Colorado, and one other team (I'm rooting "for Toronto) were eliminated. This leaves 16 teams left to enter the playoffs. Now, before I go on, I just have to say that I think its ridiculous to play a six month season to eliminate five leaving many teams teams which didn't even play .500 hockey in the playoffs. The NHL's philosophy in this matter appears to be we won't tolerate terrible teams in the playoffs, but if you're only mediocre come on in! The underlying motivation is the more money of course teams in the playoffs, the more tickets sold for the Owners, etc., etc., etc. but the pjan just reeks of overkill. Why — — — — — — — Law Revue '81 quite an erratic year, but they have be'en able to beat both L.A. and Philly, their likely quarterfinal opponents, regularly this year. Alas, their bubble will burst in the semis, and the perpetrator may just turn out to be their old nemisis, the Islanders, but I the Stanley Cgp. think no matter the opponent, just doesn't have the Buffalo That ain't the way it is, horses to get into the finals this or next year. however, this year year. This year, the top team in the St. Louis won't make them to a spend league will have The Blues have been either. week disposing of the worst the surprise team all year and team in the league. Next goaltender Mike Luit has season it will get even funnier. become hockey's new After playing 32 or 40 games phenom, but a closer look against the teams in its own reveals six teams have let in division, the first place team less goals this season. Defense will then have to play the is the name of the game in the 1 team in the divi- playoffs, and St. Louis just fourth place sion in a best of five series to doesn't have a strong enough prove its superiority and move one to make it past the semis. on in the playoffs. The regular of playoff exTheir lack season is thus reduced to perience won't help either. merely a method of selecting Thus, I'll take a stab at an playoff pairings. Islander-Canadian final. Both However, since nothing I say teams have had a worse year will change what is or will be, than last season, and Montreal let's get on to this year's has especially had its proplayoff picture. I'm going to blems, with a rash of injuries to assume when the dust clears, key personnel and what seems the top eight teams in the like musical chairs in the nets. regular season will remain for But I think the Canadians will the quarterfinals — the N.Y. win it in seven. The team is hot Islanders, St. Louis, Montreal, now, and LaFleur should be Ids Angeles, Buffalo, fully recovered- and in full stride by the finals. Unless Philadelphia, Calgary and Minnesota. As for the four teams Bossy and Trottier have exto remain for the semifinals, traordinary series, Les I'll go with New York, St. Louis, Habitants, tradition, and Montreal and surprisingly, mom's crepes suzette should Buffalo. The Sabres have had prevail again. should a team which has the semis and finals best four out of seven. This way, a good team which has proved itself in the 80 game regular season would only have to play a maximum of 19 games in the playoffs, instead of the ridiculous 26 games they may have to play this year to win played great all year have to beat a team with a record of 28-38-14 in a best 3 out of 5 series just to make the quarterfinals? Could you imagine such a system in baseball? Last year we would have been treated to the New York Yankees against the Cleveland Indians in an exciting American" League playoff battle! Another argument the NHL uses to justify this stupid system is that those mediocre teams will be fighting for playoff spots right up to the end of the season, and their fans won't lose interest, as they would if their team was eliminated in January. Again, so what! When a team can't even win half their games, I hardly call that a fight, and baseball teams are eliminated in June, but fans still come to the games. Instead of rewarding mediocrity, the league should encourage excellence, by making a team really deserve a spot in the playoffs. Although I would rather see only the top eight teams make the NHL playoffs, I hope at least someone in the hockey hierarchy sees the light and tries to limit the playoff teams to twelve in "the future. Theri I would give the winners of the four divisions first round byes to give them a reward for finishing first. The first two intra-divisional rounds would be best three out of five, with — ' Spring Dinner Dance photos by Lee Berger and Frank Boh photos by Frank Bolz 'arid Lee Berger M9 '^ Opinion 7 �ATT Making Plans With Eye to Future 1981-82 Law Review vicing 39 cities by by Marc Ganz Two recent Federal Communications Commission filings by the mamnffbth American Telephone and Telegraph Company (ATT) could be good indications of the prospects of a future communications, network in the United States and around the world. f In the first filing, ATT asked permission to build and operate transmission devices for its new Picturephone Meeting Service, a dual audio visual teleconferencing service. This is an outgrowth of the widely acclaimed picturephone first introduced at the 1963 New York World's Fair. However the service was never successful because of photo by Frank 801l The new Law Review Board includes the following: (I. to r.) Front Row: Kevin Flannigan (Publications Editor); Joe DeMaria (Managing Editor); Ed Flint (Editor-in-Chief); Brian Edwards (Executive Editor); Jack Collins (Publications Editor). Back Row: Peter Kaplan (Note & Comment Editor); Glenn Pincus (Articles Editor); Bob Schwenkel (Articles Editor); Alyson Cummings (Articles Editor); Elizabeth Freedman (Note & Comment Editor); Howard Bluver (Note & Comment Editor); Gary Carleton (Note & Comment Editor); Justin White (Note & Comment Editor). Not pictured: Jon Malamud (Note & Comment Editor); Edward Rogalin (Note & Comment Editor); Ron Ploetz (Note & Comment Editor); Jo Faber (Note & Comment Editor); Jeff Crandal (Note & Comment Editor). Bromberg Concert "Painful" by R.W. Peters David Bromberg plays the kind of foot stompin', legtappin' music best suited for the beery confines of a WestTexas honkytonk. When he is trapped in the inappropriate of the Fillmore environment koorn, his act suffers almost as much as his audience. Bromberg is a charming and extremely talented performer. However, the toll of doing two performances in one night has evidently reduced his stamina, and his entire first set last Friday nite lasted but an hour and a quarter. Which, sorry to say, may have been for the best, for after fifteen minutes of his expert bluegrass and country Satire to offer call answering and other stored-now, transmitted later services for its basic telephone customers. This is a result of the Computer II decision of last year, where the FCC ruled that the large corporation must ask for a waivet from regulators in order to co.mpete in the unregulated markets. There are two services ATT wants to offer. One is called "call-answering" where the caller will be connected to a customer's recorded greeting whenever the phone was not answered. The other new service ATT wants to advance is called "advance calling" and will allow customers to record messages and transmit them later to another number without redialing. The costs for the services are unknown. It is possible that in the future one could conceivably want to make a conference video-phonecall to another party somewhere around the world. That party will not answer and instead, you will ween York and transmit the message via the New Philadelphia, which could in- phone company's advancevolve two rooms of persons. calling service. Can you imATT said they hoped to be ser- agine? mation. It makes one wonder whether George Brett is a Bromberg fan. Bromberg did not play any of the old chestnuts, and expertly sidestepped the boozy requests for Sharon and Got To Suffer To Sing The Blues. In A Long Island advertiser has to the exact typeface, "Why fact, the only song this less reason not to trust his typesetstay alive when dying is so than fanatical writer recogniz- ter anymore: That person may cheap." Also in addition to ed was Travellin' Man. have lost him a cemetery's describing the crypts as endurMatt Luba/The Current was Bromberg accompanied ing,, and dignified, the ad was business. David Bromberg in concert. by two musicians, Jeff Weiser According to the New York changed to read "homey." Times, Herb Stolitsky of the And the final line was "ask pickin', yours truly felt like get- and Gene Johnsbn, acting up and punching out a complished fiddlers and Stoner Agency in Great Neck about our family layaway wall. At a Bromberg concert/ violinists both. However, I was assigned to do an ad for plan." The advertisement was run one needs to move around, can't honestly say they added the Sanctuary of Abraham and preferably with a cold beer in much to the event. It was Sarah in Paramus, New Jersey. in the New York Daily-News one's hand. The polite and dry Bromberg's show from the Yet somewhere along the and later a make good ad was sitting arrangements, on the start. It was just a shame printing line, something went placed in the same tabloid. cold tile floor of the Fillmore UUAB didn't book him into the wrong. Into the body copy Lawyers are investigating the Room, is not conducive to Rathskeller, a better ventilated where the ad describes the case for the cemetery.. .Mr. anything but hemorrhoid for- and much more humane arena. costs someone had inserted in- Stolitsky lost his account! Ad Man Falls Victim to Gruesome Editing Shooting Straight From the Hip by Jay Marlin you feel out of place?? or where you don't know many It's good to see everyone people?? And, all of a sudden, having a good time at a party. you feel as if everyone is lookBut, don't you hate being told ing at you. that you should be having a What do you do then? First, good time. You know, the type you make sure you have a of person, usually found at boring parties, who comes up drink in your hand, and then to you and says, "You look you look like you are doing towards bored. You should be having a something as looking waiting for if the door T»od time." Heh, I don't know Charlie's Angels to enter or about you, but if I'm miserable you start juggling your drink or not having a good time, the from one hand to the other. to thing want be told very last I you find yourself walkThen, is that I should be having a around the room until ing time: good in feel like a satellite orbit. you Would't you like to once, •tirhen Mr. or Mrs. Glory MornI don't know. I guess I've ing Sunshine comes up to you never really liked parties that and says, "You should be hav- much. Guess, it goes back to ing a good time," to say "Leave early childhood. Doesn't me alone, go bother someone everything go back to early childhood? I remember when I else." "***" Ever been at a party where was forced to go to little — — 8 . the astronomical costs involved. The telecommunications firm, however, believes it can successfully makret the service. even though there is a one time fee of $118,000 and a monthly charge of $11,950. In addition, there would be a charge to customers of about $240 for a 30 minute call bet- 1983! In the second filing, ATT asked the FCC for permission Opinion April(9,l9Bl ... About Parties and Sex Johnny/Mary's party, and was told I was sure to have such a great time. I wish I had told my mother, "Heh, if it's such a good time, you go and let me stay home!" Parties can also be embarrassing. Remember the first time you went to a party and they played spin the bottle or seven minutes in heaven, and you didn't exactly know what was going on!? You sure weren't going to ask anyone! Hell, how many of you were supposed to be kissed by a girl or vice versa, but she started arguing with her friends that she did't want to kiss you, but she was told she had to kiss you because those were the rules. You didn't know whether to kiss her or punch her out. There are party people and there are date people. I'd up to women at bars and shoot much rather go out on a date.I the breeze and lay on them a like playing Johnny Carson. To fine rap. I don't know how they make mayself appear in- do it. Most of my conversaterested in what the other per- tions at bars start with, "Hello, son is saying, when I don't how are you?" and end with have the foggiest idea of what her silence. I just can't get into they are talking about. Like the the corny stuff like, "Do you time I asked a girl what she know what time it is?" and had done the previous day, when she doesn't know, you and she said she had cried. then tell her the time. Guys have strange techniWhen I asked her what was the matter, she said nothing. She ques for psyching each other cried all afternoon to know the up to meet a woman. How feeling of crying. It takes skill many of us have been guided to learn to smile and appear in- by such wonderful terms as terested when you are out with "You have nothing to lose" or "You won't be any worse off a zombie. I like going on dates, rather than you are now" and my allthan going to bars. Not that I time favorite line is "No don't like to go to bars, but I guts, no glory." Isn't that a just cannot meet anyone at a beautiful line? Doesn't it bar no matter |i°W much I sound like Rommel fighting may want to, or try-to. I think across North Africa or Patton it's great that guys who can go leading his tanks into battle. — — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-04-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/9/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6ce825f4e0db8369c6919f864c4bc5ee.pdf 1e862f205a978167785370156cd6946d PDF Text Text UB Faculty Adds Another Practioner To It's Ranks R.W. Peters SUNY/ Buffalo Faculty of Law and Jurisprudence has not lost a Birzon, but gained a Stiller, David Stiller will fill in for the recently departed Paul Birzon, and is expected to see evidence through to the semester's conclusion. Stiller is a graduate of Columbia Law School, where he was a Harlan Fiske Stone Scholar. This appellation is ascribed only to those enjoying the highest academic distinction. Professor Stiller is a homegrown Buffalonian, attending Bennett High School in his youth. He then journeyed to Cornell where he understook his undergraduate studies. On . graduation. Stiller joined the where he gained the rank of Captain. The new professor is an active practitioner, and has been in private practice for approximately fifteen years. He is currently a principal in the firm of Heimerl, Keenan, and Stiller. The firm is primarily involved in civil litigation, with Stiller's particular concentration being in the matrimonial field. Professor Stiller is Director of the Erie County Bar Association, a position which he admits keeps him very busy. Stiller's membership in this organization permits him closer contact with law school goings-on in general. Army, Stiller believes both he and the student profit from what each other have to offer. He benefits from the virtual refresher course he is forced to take each night before class, while the individual student profits from the practitioner's years of accumulated knowledge and practical experience. U.B. Law's new professor finds teaching very satisfying. Stiller believes many practiioners yearn to teach and do miss what pleasures academia can offer. Let us hope the travail of marking 140 Evidence exams does not dampen Professor Stiller's enthusiasm. Opinion Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 Y'Only the apathetic have no opinion ..." Volume 21, Number 9 State University of New York at Buffalo School of Law March 27, 1981 Loss Of Legal Services For Indigents Deemed Catastrophic by David Nelson Along with a number of poverty programs whose survival is threatened by the Reagan Administration's draconian budget policies, the Legal Services Corporation is facing its most severe political test since its inception in 1965. L.S.C, a. $321 million Federal program that pays the salaries of most of this country's legal aid lawyers and paralegals, has been targeted by the Administration to have its funding cut off or to be substantially reduced or restricted. The effect of such plans would likely minimize the L.S.C.'s ability to provide aggressive advocacy for low income persons in need of legal aid. The Senate Labor and Human Resources Committee recently voted to cut L.S.C.'s funding by two-thirds. Before this year is over, Reagan will be able to appoint successors for all eleven members of the L.S.C. board. The current Reagan proposal would make legal services funding part of the Social Services block grants, of which each state could spend as it saw fit. As the provision of most legal services for the poor is not mandated by law, the several states UB Law School Awards Convocation March 17, 1981 (Awards listed on Page 2) would be under no statutory 1970, Reagan vetoed a 11.8 obligation to adequately fund million Federal grant to programs comparable to the California Rural Legal present Federal program. The Assistance. Irked by that agenReagan block grant concept cy's success in blocking his would set each of the various cuts in welfare and medical aid poverty programs, of which to the poor and in forcing 21 L.S.C. is a part, fighting counties to broaden food amongst themselves for a por- stamp and school lunch protion of a reduced and inex- grams, Reagan instituted an inorably shrinking fund. vestigation of the agency, In addition to wiping out costing hundreds of thousands many offices entirely, the of dollars, when his veto was Reagan block grant proposal temporarily suspended. could subject those personnel Reagan charged the Califorable to survive to the political nia agency had "created furor whims of state and local of- and turmoil.. and had misus- ner." Dan Bradley, President of ficials. These are often the very ed taxpayer funds and... failThat particular Reagan L.S.C, put it this way: "Poor people the legal services ed in its mandated purpose of defeat, in California in 1970, is people will be denied their day lawyer must often confront in serving the true civil legal just one episode in what has in court and it will kill L.S.C" . court. It could be argued that it is the relative independence of the present Federal program which has antagonized Reagan and his allies. The Reagan criticism of the present system is that federal monies should not be used to pay for law suits which seek to enforce a judicial resolution of political and public policy issues properly left to the electorate. Reagan's disapproval of federally funded legal services for the poor is long-standing. As Governor of California in needs of the p00r..." "In all, 135 allegations of misconduct were made against the agency. A panel of three retired justices from different state supreme courts, commis- sioned by the Office of Economic Opporunity (which then funded L.S.C), subsequently investigated these charges and reported that "/n/ot a shred of evidence showing actual misconduct has been adduced. /the agency/ has been discharging its duty in a highly competent, efficient and exemplary man- . been a persistent conservative attack upon legal services for the poor. Despite this hostility on the right, the L.S.C. has been able, until today, to secure bipartisan support. It has been championed by the A.B.A. Under Reagan, however, things look bleak for legal services for the poor. Robert Kastenmeier (Dem., Wise), the head of the House subcommittee that oversees L.S.C, has stated that he is not optimistic that legal services for the poor would survive a federal shift to block grants. L.S.C. operates locally through Neighborhood Legal Services, Inc. Employing twenty lawyers and nine paralegals, N.L.S. is authorized and funded to provide free legal assistance to the poor in Erie County in civil matters. Their clients are the aged, the unemployed, the disabled and other poor and disadvantaged individuals who would otherwise be deprived of legal assistance. In addition to direct representation of individual clients in such areas as housing, consumer, family �Opinion Vol. 21, No. 8 March 5,1981 Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Marc Ganz Ralph W. Peters Feature Editor: Lee Berger Photo Editors: Frank Bolz Business Manager: Jim Kraus Altreuter, Beckoff, Alan Doric Benesh, Peter Staff: Bill Bergenstock, Steve Gabor, Laurie Gross, Pat Jayne, Jay Marlin, Marty Miller, Joe Peperone, Mike Rosenthal Contributors: Therese Rahill, John Stegmayer © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo. New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. Notice Opinion Elections Students interested in running for Editorial Board positions should apply in person by April 2 in room 623 (Opinion office) or by leaving a message as to their intentions. Cut In Legal Services Unwarranted President Reagan's decision to cut-back two-thirds of the funding for the Legal Services Corporation is astounding in it's shortsightedness and cynicism. We of the OPINION protest most strongly this ill-conceived action. The program has been a cost effective one since its inception. The Corporation provides one attorney for every 5000 poor people. The basic Legal Services Corporation entitlement is but $7.00 for every person satisfying Federal poverty guidelines. Given these seemingly unworkable parameters, L.S.C. has proven itself able to provide excellent legal aid to the needy. Reagan's decision fails on other than budgetary grounds, however. Cutoff of L.S.C. funding will effectively deny fourteenth Amendment rights—Equal Protection before the Law—to the poor. The poverty stricken will be graciously left with a paper guarantee as to their legal rights, but without the mouthpiece with which to assert them. The Legal Services Corporation is not some darling of the left. The legislation creative of the current national program was proposed by President Richard M. Nixon and Attorney General John Mitchell, two men not normally associated with progressive notions. The L.S.C. finds support for its tasks across the entire ideological spectrum of the legal profession. This wholesale denial of the poor's access to the legal system is inherently dysfunctional. The resentment, anger, and bitterness generated by this ill-considered action will take a terrible toll over the next decade. Ronald Reagan apparently believes the poor will now go out and find jobs, work hard, scrimp and save, get married, go to church, and when necessary, get their legal assistance from the private sector at private sector rates. It is unfortunate that a United States President in the 1980's is grounding his economic policies on the philosophies of Adam Smith and Herbert Spencer, men that have long been cold in their graves. Neither of these two men could have possibly envisioned a society as complex and legalistic as ours. Legal services for the poor has become indispensable. Corrections Opinion would like to apologize to (1) Bliss Cartwright for incorrectly reporting him to be the professor of Patents and Copyrights, instead of Professor Thorne McCarty. The course was one of several listed for which grades were still outstanding, (2) third-year law student Roy Stein for stating he had already graduated from the law school, and (3) the Women Law Students' Association for a headline referring incorrectly to the organiztion as the "OWLS." Although many professors requested an apology from OPINION for "wrongfully" including seminars in the list of courses for which grades had not timely been reported, we are not so certain that withholding grades from a majority of seminar students due to incomplete projects of some students is a valid excuse for late grading in seminars. On this last matter, OPINION will withhold apology Opinion March 27, 1961 2 April 1 Deadline! New Priorities For Parking? To the Editor: Editorial Photos by Bolz While several classmates and I were cruising through the parking lot, each disgustingly alone in our cars, ready to pounce on the first parked car that showed signs of life, yet bureaucratic another "success" showed its results. The first lane carpool-only spaces were only Vi occupied. Some of the cars parked there had tickets; they were those unthwarted by the posted threats to all who dare come forward as individuals. The other spaces remained empty, testifying to the success of this energy conserving method, while 10 other cars continued to drive in circles looking for a I don't think any, but it's a plan, and should keep the organizers of the carpool plan happy and busy. Let's all park by gas mileage! Four cylinder cars up front, sixes in the middle, and eights in the back. Those with five cylinder Audis can park in the driveway in front of the sixes; 12 cylinder Jaguars aren't allowed on campus. Diesels park in the University vehicle pool. For any given cylinder size, automatic transmissions must defer to manuals, and five speed manuals have preference over four speeds, unless the four speed has a sufficiently high gear overdrive. Carbureted cars will bow to fuel injected cars (either mechanical, electric, or throttle-body). A given car with fuel injection, 4 cylinder, and a five speed will legal space. I think a better solution is at hand. Instead of restricting spaces, let's just rearrange be allowed to select at ranthem so they can all be utiliz- dom, any space, and have the ed. What effect will this have? occupant towed away, so that he may pull in. University Police would be given training courses in auto mechanics so that proper summonses could be issued. They will be issued tools so they can break open hoods to check on cylinders and fuel delivery; year-long renewable search warrants for "all vehicles in Amherst" would be issued by the nearest disinterested magistrate. Further, owners of motorcycles may bring them into the classroom, and sit on them while taking notes. Portions of each classroom will have diagonal stripes painted on the carpet for such persons. I would imagine that by now, the parking planners have been whipped up into quasiorgasmic frenzy. May they stay so pre-occupied until the rest of us can leave. Ron Zarowitz 1981 Convocation Awards Course Administrative Law Am. Legal History Am. Legal Historiography Civil Procedure I Collective Bar. in Gov't. Constitutional Law I Constitutional Law I Constitutional Law I Contracts Corporations Estate & Gift Taxation Federal Income Taxation Nominee Erik Lindauer Kathleen McDermott Rick Kennedy Douglas Bantle Kimberly Kelsey Maureen Alston Robert Schwenkel John Ziegler Barbara Sundberg Joseph Skerpon I Thomas Course Federal Income Taxation li Fed. Post-Conviction Remedies Independent Study Labor law law & Public Education Municipal Law Property I Property I Property II (Public Control) Public International Law Torts Gick SECOND YEAR PERFORMANCE AWARDS: FIRST YEAR BOX AWARDS: FIRST YEAR Meiselman Award Nominee Maureen Sullivan Andrew Cataldo Michael Athans Dianne Avery Melanie Cyganowski Dianne Avery judd Ryan -- William Trask Lawrence Behr Edwin S. Brown Paul Murak 1. Lawrence Behr 2. Eric Lindauer 1. Christopher A. Buscaglia 2. Rick Kennedy 3. Murray Levine 4. Robert Schwenkel 1. Wendy K. Fechter The International Law Society will have its annual spring mixer and organization meeting on April Ist. The meeting will be held in Room 212, O'Brian, at 3. All those interested in international law please attend. �Jessup Team Returns From Iron City Victorious by Winsteadi Lome Weeks of hard work payed off for Buffalo Law School's Jessup team on selection of their brief as best in its division.Ten other teams, comprising as a whole the East Central Region, competed against the finals were held February 27-28. The regional was hosted by the University of Pittsburgh. All five members of the team argued their briefs before a very active mock panel of international justices. As is custom in international law, UB team. the judges were addressed as Finalists in this year's UB "Your Excellencies." Jessup competition were NanThe UB Jessup team learned cy Bridges, Caitlin McCormick, of the decision awarding them Boris Palant, Ralph W. Peters, Best Brief honors at the dinner and Robert B. Schultz. The following the last of the oral team split into two groups, one arguments. The Buffalo conside writing the brief for the tingent was presented with a applicant, the other writing for plaque signifying their acthe respondent. Much of the complishment. work was done over the The Jessup is the most Christmas break. prestigious international law The East-Central Regional moot court competition. Over 240 teams from twenty-two countries compete yearly. The brief, or memorial as it is termed in international law, will now be measured against the memorial finalists of the other ten United States regions. The winner of this national competition will have its memorial printed in the American Journal of International Law Societies. The winning memorial will also be the U.S. entry in the international competition. The overall winners of the East-Central Region were the team fielded by Washington and Lee, School of Law. Indiana, an early favorite, received no awards. Lucibello And Zarowitz Win In Recent Pittsburgh Competition The Trial Technique / Moot Court team of Wanda Lucibello and Ronald Zarowitz earned another victory for UB by defeating a team from the Dickinson School of Law in the semifinal round of the Pittsburgh Trial Competition on February 13. Co-counsellors Lucibello and Zarowitz successfully defended the Amicable Refining Company in a motor vehicle accident case involving a tanker truck and plaintiffs private automobile. Although the jury found for Little Improvement In Late Grading by Heather Byrne noted that of the nine courses for which grades have yet to be Despite growing student posted only two. Ethics and frustration and a week Gratuitous Transfers, are not the defendant. Judge Cohill of acted as witnesses for the vacation, only two more late seminars. The following are courses the United States District team, and received both the grades have been posted, Court for the Western District court's and jury's praises for McCarty's Patents and for which grades have not been Gratuitous of Pennsylvania also granted their realistic portrayals of a Copyrights and Joyce's Federal received: Transfers — Joyce; the UB team's motion for State Trooper, truck driver, Taxation I. According to sources in Ethics—Breger; Seminars: mistrial on a technical basis, and neurologist, respectively. after the plaintiffs counsel Third year students Lucibello Admissions and Records, Limitations on Subpeona previously and Zarowitz were selected to grades are to be submitted to Power—Halperir, Res. Seminar introduced excluded evidence. Judge represent UB by Moot Court that office no later than four in Constitutional Law—Mann; Cohill allowed the trial to Board Director Pat Jayne and weeks after the date of the Balancing —Katz; Selected continue, however, for the Trial Technique Administrator, examination. However, no Problems in State and Local Hyman; Professor Aaron Weinstein special allowances are made Government— purposes of the competition. Second year students after they both had won the for seminars and many Judges— Berger; Regulation of Institutions — Charles Elefante and Scott Robert Connelly Trial students request and receive Financial Oakley and fourth year Technique Award in the fall extensions for seminar papers Spanogle; Problems in Family and projects. It should be Law— Seipp. medical student Heidi Shale semester. Minority Students Encounter Discriminatory Practices Commentary: For the writer's purpose herein, minority students are defined broadly as AfroAmerican students. The unfortunate circumstance of minority students on campus today includes every conceivable method of race discrimination that existed during and after the period of slavery in American society. In effect race discrimination has as invidious an impact today institutionally and personally as has been experienced by any previous generation of AfroAmericans. The writer's ability to assert this proposition is suf- ficient evidence to point out the lingering effect -in this society of race discrimination based solely on skin pigmentation. Despite this the prevalent absence of minority professional faculty and administrators points to another institutional discrimination. What many colleagues fail to realize is the positive impact obtains the same results. On the other hand, the writer is of the opinion a sprinkling of minority role models will not alleviate the race discrimination problem. The past effects of race discrimination cannot be remedied by a handful of carefully chosen academics. Neither can an entire minority student body expect a radical institutional change in policy or otherwise on account of minority professional or administrative representation. Nor can the on minorities of minority role models. Whether one adopts a position that the current institutional plan is strategically designed or some other perspective accommodating present effects of perceived one's conscious; recognition of discriminatory policy and the deleterious impact of the practice in a pervasively lack of minority role models discriminatory system change / [Joel N ——_— • \ Wbat's wi+K 4*»* way «t| I +V\*«« p«op(* «.r«e dreited*? J I Xs H»«.r«. going ■*-• be I pa*l p«r+y ■for+zht. J « \ U«ua* »ehool J ">—<^ over-night by placements of person to occupy a professional or administrative posiministrative personnel. tion will be a professional or administrative person who At best, the endorsement of happens to be a minority or a a course of conduct consistent minority professional or adwith the tenor of right liberal ministrator. The writer's furmindedness of the previous ther concern is whether the two decades may evidence present administration and and inculcate the beliefs of a faculties are mentality prior moment. The goal reprepared, to implement an afmains at this late, date an adfirmative action plan with bite minority professional or ad- mirable one. The complex notion of taking affirmative steps to alleviate the present effects of past discrimination signals in this context a noteworthy concern. As phrased by a colleague the issue is whether the on this scale. William L Parker 82 NLG Plans Events The Buffalo Chapter of the National Lawyers' Guild will present the following events and meetings for the remainder of the school year. Monday evening, March 30: A general business meeting will be held downtown, location to be announced. This meeting will feature a discussion with Ernistine Robinson. Ms. Robinson is a member of the community group, BUILD, and she will discuss the Guild's potential role in jqing BUILD Thursday evening, April 9: At the law school, the Guild will present a discussion on Police Misconduct by Philadelphia attorney, Karen Detamore. Monday evening, April 13: A general business meeting will be held downtown, location to Barbara Morrison will discuss toxic_wastes. Time to be announced. Sunday, April 26: Lawyers' Guild Annual Picnic. Beer, food and political correctness will abound. Watch for details. Monday, May 11: Downtown business meeting. Thursday, May 21: Downtown business meeting. May 28-29: The National Lawyers' Guild's National Executive Board will meet in Detroit, Michigan. This presents a geographic opportunity for new and longstanding Guild members to influence and observe NLC national policies. Watch for details. EVENTS OPEN TO ALL! For more information: contact be announced. Monday, April 30: At the law Dave Nelson or Mike Wiseman school, environmental activist at 835-7486. March 27, 1981 Opinion 3 �Mr. Roche Mr. Sullivan Photos by Bolz Mr. Kiebala Mr. Conklin N.Y. Practice Course Breeds Mixed Reactions by Ken Levy are local attorneys, which is indicative of a pracNew York Practice has, been tical emphasis within the the source of much controver- classes. All instructors agree sy. The unfortunate death last this emphasis is important. year of Professor Kochery, who The course is problemhad taught the course in the oriented with one problem past, precipitated changes each in the areas of jurisdicresulting in the course presenttion and venue, statue of ly offered. limitations, pleadings and parA three credit course is now ties, and discovery and special offered in place of the four proceedings. These problems periodically credit course once taught by are due Kochery. This .year's class is throughout the semester. taught by five local attorneys: There is no final examination. Mssrs Wolf, Roach, Sullivan, The class is described by Kiebala and Conklin. All in Mr. Sullivan as "essential" for structors A.P.P.C. Approves Program Revisions by Marc Ganz On Friday, March 20th, the Academic Policy and Program Committee (A.P.P.C.) approved and sent to the law faculty revisions in the first year law school program designed to strengthen the common law phases of the program. Under the committee proposals. Torts, Contracts and Property will be taught in nine week sessions, with week breaks between the finals periods in November and February. There was a consensus within the committee to restructure the first year program so as to include in the first semester curriculum Constitutional Law, Civil Procedure and Legal Professsion courses. The second semester program would include Administrative Law, Criminal Law, and Dispute Resolution. Research and Writing programs will be conducted both semesters. In addition, from September until November, Contracts will be taught. Following the one week finals break, Torts would begin. In February there will be a similar week break. Property would start immediately after the finals week break. The courses will be taught three times a week. According to Dean Thomas Headrick, the proposal "makes for a more coherent Buffalo model than in previous years, but is nothing radical. Inevitably, there will be other changes." The faculty will meet On March 27th to consider the committee's proposals. Opinion March 27,1961 4 those who wish to practice in New York. 'Student opinion would seem to confirm this as almost all students who plan to practice law in New York take the class in their third year of law school. The Civil Practice Law and Rules (CPLR) and parts of the Criminal Procedure Law are studied as well as whatever other law is needed to solve each of the five problems. The course was intended to be a problem solving course. However, the classes seem to be "toobig" to be run in such a manner, according to Mr. Con- klin. In fact, Mr. Kiebala opines that the class has become more lecture oriented. The instructors generally agree class participation has required substantial work on their part. All of the instructors are teaching the course for the first time. The procedural nature ofthe course may be the source of some boredom in the classroom. Improvements suggested by law students are: (1) Analyze the CPLR through the context of specific problems. LfHII. ■■■■ 111lML ■■■■■MB ■■ WWaaMaSflfl _ BBJ |Wl'B# lIHI AmmAmmAmm. V m Qflfl ItAiOAIIC ■■■1 m k -V Hfc MMmrnMmWmW ■■%>*■ UVIIU oiuiiyiiiy iih uic N6W YOni ttai tXalll in to regular fjpu, lecures contained in the winterand J summer courses. THey did so because: „„ • • altowssturJentetobeadminadtotheNew have accurately forecast many ol questions appearing on past New York and Multistatebar examinations The faculty is composed of prominent lecturerson New York law. Multistatelaw and tr» New York tor Examination The 1981 lacutty wi include: BAJVBW otters written summaries of a* the law tested on the New YorkBar Exam-both Meallaw and Musstlate law. Students learn Ihe substantivelaw before going to class. Class time is spent focusingon New YorkBar Examination probterns. on hypotheteats and on the substantive areas most likely tobe tested ontheexam Prot Richard Conviser BAR/BRI Staff prof Richard Harbus. New York Law prof. Stanley Johanson. v. of Texas Law Prof. Kenneth Joyce.SUNY BuffaloLaw Prot. Qary Katrjar. Syrafcuse Law Prof. JeromeLeaner. Brooklyn Law Prol John Move BAR, BRi Staff Law Ho Uw Faust Rosa. CornelLaw S"°£. £* A^'??™*A ™?? ""* £2££^5&U BAR/BRI has an unparalleled testing program-torboth the Multistateand New York tocal portions The testing w«inckjdehurx*edso(Multrstaleand -ZL-THS-m , ?^! l!l i!!! L. Pfof. Charles Whitehead. U of Virginia Law Prrt Irving Younger. CornellLaw be a ,<^fe home and questions done m classunder sxnolatedbar exam condrtons Selected Multistate questions will be center-graded, and selected essays will t»»xJvir*>a*grarJedand critiqued by ?* • BAR/BRJo«am aspecial "Take 2 Bar FKstne'"* program Thisprogram ._ They W lust sxpsrte «. sub«ar*»bm.the high 80s. " T BAR/BRIhas the only New York bar review lecturer ever to receive five minutes of sustained applause for hrs lecture on New**attorneys I It>l /Tl/A Ja« 4oi snenmiMnui I i)Y(/ II flTmWml m "•" v ,ooo " "" °"' Wmfm sW»i2's»«.3e»B New York's Number One Bar Review. ' sows? Bar arxl another MutAstate Bar Yc<k iu>*°« —- If a sturjent signs up forNew York, does S* BAR/BRI otters a f»» transfer policy. not mark his or her books and elects to takeanother statebar instead, all monies . ~" paid wiH be transferred to theBAR/BRI course in that state " BAR/BRtotterstH>KM—l nUcdon ")■ ot courae sites and saows students to locations. Anticipated *■•» course••** locations for 1981 indude: 55SL. BrooWyn Bufteto Chartonesv* Chcago Durham U? m,>*"'d EUSL. n 'JEKu.**«»■ Pat Dooley Mike Doran Joe Ruh John Feroleto Paula Feroleto *£2?£L_ New** PhterMbHa Oussns County nochsmr SuWkCounty ' Arthur Scoot Garfinkel Tanya Harvey Ruth Pollack Cheryl Possenti Christopher Reed Aldric Reid Mark Suzumoto Richard Roberts Karen Russ nr . .•—.-.T_ Nm^m,CaM Bar/Bri is pleased to announce the addition ol Dean loseph McLaughlin of Fordham Law School to the Bar Review teaching staff. Dean McLaughlin will be teaching New York Practice. See one of the following student representatives Orest Bedrij Dana Cowan Carol Cramer Rocky D'Aloisio Ellen Dickes aBAR/BRI #e^Zp^^£iW This programis addition the Twice as many as all mapr taw schools test year, students taking BAR/BRI passed the New YorkBar Exam on the first try with a 'percentage in Ihe 90s and tory job. notetaking necessary in #■>***■■■■*.■■ rnmhlnarl ■SwiiiiwllWll. professors. Of the unsatisfied students interviewed, most had no suggestions as to improving it. The majority of students seem to feel the only problem with the course is the inherent dryness of the materials and that the instructors are doing a satisfac- •^ssssSin, took BAR/BRI. other! I maarmnat VWUrajsjai lectures Locations *eady guaranteed videotape tor Summer 1961 include: Albany. Boston. Butlalo. Hempstead-lthaca. NYU/Cardozo area. Queens County,, Syracuse, Washington DC. and Westchester County aJP M 0 mm 0M * m*AtmMm AHIMIHMM I JM* MSiafta. UM ■PB ■■■■ aiß BBBv Practice In Mirjtown Manhattan, only BAR/BRI has rxinsistentty ottered two Sw sessions(morning and evening) during course. Afternoon videotape me summeravatar*, m ourlargerlocations replays are outside Manhattan, we otter videotape instead tf-aurJotape. mmAakAm.Amm,amAAmm. mjaam, York prepared by distinguished law cotaw ommtmmtmaaW maa mm Presently, the materials are taught by reviewing the CPLR more generally and then applying the law to the problems and, (2) purchase specific New ' �Prof. Weinstein Recalls Close Call With Death During WWII by Anne DiFonzo The second largest naval disaster of World War II was one of the best kept secrets of the War. The sinking of the HMS Rohna on November 26, 1943 claimed the lives of over a thousand U.S. troops. One of the survivors. Professor Aaron Weinstein, serving as a Red Cross worker, was on board ship when it was bombed. Though the story went largely untold for many years, it was never forgotten by those who survived. The Rohna left port at Oran, Algeria, as members of a thirteen-ship convoy headed for India and a more permanent assignment. The route they traveled was known as "Suicide Alley" because it was within easy range of German bombers. In fact, this was the first time in two years that the route had been used for convoy passage. It was about 3:30 PM when the Nazi planes hit the convoy. Heinkel 111's and the bigger 177's, along with Focke-Wolf Kuriers and Dornier 217's attacked the ships. The escort ships defended the convoy, and within 40 minutes it seemed as if the explosions were at an end. The pulse of the machine-gun fire faded away. Planes pulled up. The convoy was left intact. It was 4:30 when two more planes were spotted. One of the planes released a glider bomb, but no one aboard the Rohna knew exactly what it was. At first it looked as if it would miss, but a crewman in a Heinkel 177 made a course correction ( on the controlled bomb. There was a huge flash. What had once been the engine room was now a mass of flames. The ship was sinking and everyone aboard was aware of this. There did not seem to be much hope for survivors. Aaron Weinstein, one of seven Red Cross workers aboard ship, was talking to an Army officer in the corridor when the bomb hit. The blast ABA Denounces LSC Cut CHICAGO-We are deeply disturbed by the President's reported recommendation to eliminate the Federal program providing legal service for the poor. The proposed elimination of the Legal Services Corporation is unsounded, unwise and not in the nation's best interest. Eliminating this important program committed to ensuring access to justice for the nation's poor will, in the long run, cost our society far more than any immediate dollars we may save. The Corporation has been a Loohole© by hal malchow successful and cost-effective program. It provides the opportunity for the disadvantaged to obtain access to the legal system and seek enforcement of their rights through the traditional justice system. Moreover, the Corporation provides a sound base in many communities for the development and continuation of voluntary programs through which the private bar provides legal services to the poor without compensation. The effect of this partnership between government and private enterprise is also threatened. to sent him tumbling to the floor amidst rubble and debris. "It was like falling down, down into a bottomless pit. I was too surprised to know whether I was hurt. I just began fumbling through the wreckage for the stairs." There was darkness everywhere because of the lack of generator power. Men scrambled from the flaming hold to reach the lifeboats and possible safety. Some simply couldn't get out. They died because they couldn't climb to the top deck. Eventually, only eight of the twenty-two lifeboats were launched. Many of these capsized or sank before anyone could use them. For the most part, the soldiers relied onthe 101 rafts and their own life preservers. Though the ship finally sank at 6 PM, for many of the survivors, the ordeal was just beginning. It would be ten hours before some were rescued. Some would never be found in time. Weinstein was alone in the water, bobbing in the waves. Panic gripped him when he felt his life preserver failing him. "In that awful moment I felt I had to live. I had to see my wife who was pregnant with our first child. I had to see that child." Then suddenly there was a swish of water and an oar floated to him. He grabbed it and hung on. Though many were picked up by British rescue ships within a few hours, many also slipped under the choppy waters. Weinstein was rescued about ten hours later by the British destroyer Holcombe. A voice called to him, "Crab the life preserver." He reached for it and put his right arm through, but he couldn't unclamp his left arm from the oar. Finally, someone grabbed Weinstein by the hair and pulled him aboard. The next day the following story was released by UPI: The Algiers, Nov. 27 Cermans used their most formidable bombers '-*• giant Focke-Wolf Kufiei-s and — — — Heinkel 177s in a heavy attack on an Allied Mediterranean convoy yesterday, butfirst reports showed today that damage had been negligible and the enemy had lost nine planes... For those who had lost their lives that day on the HMS Rohna, there was to be no recognition for many years until government security regard- ing'the disaster was lifted.'But for those who survived, they relived the nightmares many times over. One such survivor, U.B. Professor Aaron Weinstein, gave his son Mark the middle name of "Holcombe" in lasting memory of the British destroyer Which pulled him from the deadly waters so that he ntay-live to return to his Wire and unborn child ■■' Nuclear Control Bills Approved by Marc Ganz Task Force on Nuclear Safety. The special committee determined several problems exist with respect to development and continued operation of nuclear power in New York.; They found there A comprehensive package of legislation designed to ensure the safety and economy of nuclear power in New York State has been approved by the New York State Assembly. was no, fund to pay tor the The bills,* sponsored by eventual decommissioning of Assembly Speaker Stanley Fink existing nuclear plants. The (D.-Brokklyn) are designed to absence of such a fund creates give the state a leading role in a potential unexpected cost defining its role in overseeing for either ratepayers or and controlling the power taxpayers, and the committee determined a sinking fund industry. The legislation is in reaction should be established to to an analysis of a hearing provide for the cleaning up of conducted by the Speaker's old nuclear plants. The special committee also found there was a lack of emergency preparedness plans throughout the state, and especially within a few miles of nuclear power plants. The Assembly passed legislation which would,establish a utility paid fund 'for preparedness planning and reimburse State and local governments in event of an emergency. The bill also calls for limited testing of emergency preparedness plans, including voluntary movement of limited population groups near selected nuclear plants. There are also provisions in the legislation concerning transportation of nuclear wastes and occupational safety monitoring. The chance of passage this year are unknown, but in the past the Senate has not considered the measures. The State Senate Energy Chairman, Committee presently Dale Volker (R.-Depew) has the power tip set agendas and he has decided not to place the Speaker's bill on his agenda. Assemblyman Fink has started a grassroots campaign for passage of the legislation, including sending letters to leading environmental groups throughout the state. Volker opts for alternative legislation that mandates the State Energy Department to place monitoring agents in every New York nuclear power installation. These persons would have the power to close the plant down in case of either emergency or poor management. As Speaker Fink wrote recently, "This year we hope the Senate will agree with us that the nuclear power industry is financially and technically able to achieve the high standards of performance which this legislation would require." March 27, 1981 Opinion 5 �Buffalo Public Interest Program Seeks Proposals The Buffalo Public Interest Law Program is presently seeking formal project proposals for its 1981 summer internship program. Over the past two years, BPILP has funded a total of five positions with Legal Services for the Elderly, Prisoners Legal Services, and the Protection & Advocacy Systems for Developmental Disabilities. Each internship has run for a $1500. The program is looking for project ideas submitted both by agencies and organizations, to utilize reserach and writing both within and without the skills, and should provide for law school, the number of insome degree of client contact. ternships that will be available The project should be design- for this summer will depend ed so that the intern will be upon the outcome of BPILP's and by individual students. working under the supervision The standard criteria for a pro- of one or more attorneys. These are only standards, posal are the following: the however, and not rigid reproject must be public interest quirements. and law-related, should be All students are eligible to geographically based in apply for the internships. Since period of ten weeks (beginning Western New York, should of- the funding of the internships in June) with a stipend of fer the intern the opportunity is based on contributions from Car Denied Rights In Unusual Proceeding Automotive News 312181 PITTSFIELD, Mass.-A 1968 Cadillac recently had its day in court here in a rather bizarre case. Officially known as "The Commonwealth vs. the 1968 Cadillac deVille," it was really represents the car and its owner, Arthur Roucoulet, 27, of Pittsfield, protested the state's attempt to seize the car before Roucoulet's trial on drug charges. Cohen claimed the attempted seizure threatened his client's Fifth Amendment rights against self- an attempt by Berkshire incrimination. County prosecutors to Flournoy asserted, though, confiscate an aging brown "We are suing the car, not him luxury car that, prosecutors And the car doesn't have any claim, was used to transport constitutional rights." Its guilt, unlike the illegal drugs. The car is currently being defendant's, doesn't even have held without bail at a State to be proved "beyond a Police garage In fact, the reasonable doubt," she said. As long as the state can vehicle even had its own establish that attorney. the The theory behind naming "preponderance of evidence" the car, said Lee Flournoy, an supports its contention about assistant district attourney, he car's illegal activities, it can was that any item used in the be seized, she said. are If prosecutors commission of a crime is legally considered to be part successful, the car will be sold and the proceeds used to of the crime. However, defense attorney further criminal investigations, Cohen, who Flournoy said. Leonard Opinion March.i.27, 6 m*.« fundraising efforts. groups as soon as possible. Students with proposals of their own are also encouraged to submit them. Proposals should be submitted to: All project proposals must Buffalo Public Interest Law be submitted by April 3. Program, Inc. Students or faculty members Box 90 who know of agencies or John Lord O'Brian Hall organizations that might be in- SUNY at Buffalo Law School terested in submitting a proposal should contact these Amherst Campus Buffalo, New York 14260 �Loss of Legal Services Mixer Pix Threatened and welfare law,- N.L.S. could harbor the illusion that action because that's the most they are engaged in "changing expeditious approach for that the World" or in any way usurp- case." ing the political function of the Edelman noted that N.L.S. electorate. "At N.L.S," she attorneys have long had to continued, "the large bulk of operate under budget variety of areas. our cases, at least 80%, are restraints. A Courier-Express Lynn Edelman, a graduate of day-to-day hearings, representeditorial of 3/19/81 notes "The this law school and an attorney ing poor people in the areas of basic entitlement for an at N.L.S. and President of Buf- landlord-tenant, welfare, and area with a legal services profalo Legaj Services Workers social security, and in divorce gram ($7 for every poor person Union, commented in an inter- and disability proceedings." meeting poverty guidelines), view with the author that the Speaking of her own work, would not pay for five minutes Reagan criticism of legal ser- Edelman noted, "I am now car- of a client's time in many vices for the poor is "naive and rying some 60 cases. Of those, private law offices." Because degrading". Naive because, ac- 30 to 35 are housing cases. On- of their limited financial cording to Edelman, no one at ly one is a class action, brought resources, they often cannot all familiar with the work that on behalf of all the tenants in engaged in the costly legal services attorneys do one housing project. It's a class discovery procedures which engages in impact litigation, legislative and administrative advocacy, community education and the representation of community groups in a wide private-practice attorneys can freely undertake, secure in the knowledge that the client will pay the costs. Edelman is skeptical of the private bar's ability to absorb the tremendous need of the poor for legal assistance. Her frustration and anger were apparent when she expanded upon her characterization of the Reagan attack upon L.S.C. as degrading: "Our job," she said, " is to enforce existing regulations and to defend our clients rights. The main problem is that people don't think that poor people should have rights." Sure-Fire Ticket To Wall Street LEGAL EDUCATION State University ofNew York at Buffalo Faculty of Law and Jurisprudence Buffalo, New York 14260 j.D. expected May 1980. Class Rank: 10% Honors Grades:, would have been appreciated in the following courses. Corporations; Enterprise Organizations; Evidence; Torts; Contracts; Federal Tax 11;Constitutional taw I; Constitutional Law II; Constitutional Law IV (seminar on Presidential Powers); Constitutional Law XXIX (research seminar on Lockhart, p. 429, note 3, par. iv vi or Gunther, p. 633, sec. B, line 4, 3rd word in.); Commercial Paper; Legal Profession III; The Legal Implications ofThe William Tell Overture (seminar). LSAT: 797 November 400 July 397 HONORS AND ACTIVITIES: Buffalo Law Review Received defective complimentary copy of Vol. 28, Number 1, - Charles S. Desmond Moot Court Competition Finals Sat in third row and attended free cocktail party following the arguments. Charles S. Desmond Moot Court Competition Best Briefs Accidentally revealed during post-banquet party. Buffalo Legislation Project to slice BLP's budget to facilitate more videotaping of SBA meetings. , Buffalo Consumer Mediation Service ■'Is Elicited their aid in dispute with Echo II over defective bong. Buffalo Legal Aid (Clinic) Former frequent (and well-liked) client. Sea Grant Fellow Spent several hours in law library searching for anything published by one. Student Bar Association - Former president resigned for personal and compelling reasons (e.g. membership on law review, important long-distance phone calls) Research and Writing Instructor Couldn't believe it when mine gota raise. - Law School Journalism The Opinion Read every other Thursday. LAW OFFICE EXPERIENCE Philledup, Lyres, Hafcrocked, Blinde, and Hubris Y p°er Jsonali ed form letter sigrjed by an associate's personal ßecel v ed my resume (C.0.D.). BMffa Z secretary offering to return Jaeckle, Fldschmann, and Mugel BU Y o areas of Future Interests and Estate ecdved ratings of "qualified" from a senior partner in Planning. % March 27, 1981 Opinion 7 �Pep Talk Sporting Rules Made To Be Broken? by Joe Peperone L.P. Malfitano of Canastota, N.Y. suggests the rule be Every sport has its rules of abolished that makes it a which every participant is to strikeout if a player bunts foul abide by. However, the with two strikes against him. propriety of some of these rules He believes the rule deters is questionable to say the least. players from attempting to bunt — one of the more ex- citing plays in baseball. The cry of "There oughtta be a law!" is rampant both in the law school and among the sports fans of America and Canada. Everyone can always think of a rule which should be passed, or an old one which should be abolished all in the name of improving a sport. Since I'm in the mood to start a few arguments, here are my suggestions, and my comments on the suggestions of others. In baseball, the DH controversy continues. Some purists believe the designated hitter rule, which was instituted in the American League a few years ago, should be abolished, and pitchers be — required to bat. Others think the DH is a good idea, since watching pitchers attempt to hit isn't their idea of excitement, and want the rule extended to the National League. The odds are that the National League will adopt the DH within two years. I think the rule is a good idea. It operates to extend the playing careers of some very popular players who have lost some speed and defensive skills, but are still good with the bat. We'll just have to wait and see. T. Cick of Trinitron, N.Y. disagrees. He believes such a rule change takes away from the managerial decisionmaking which makes the game so interesting. He also believes that when, for example, a poor hitter is in a bunting situation, he will be told to bunt with two strikes anyway, since the alternative may be a double play. Another proposed rule of Mr. Malfitano's sounds good, but would probably be difficult if not impossible to implement. It provides that, if the umpire believes a pitcher has deliberately thrown a brushback pitch at a batter, the umpire would have the discretion to award the batter first base, as if the pitch had hit him. The problem inherent in such a rule is that it would force an umpire to guess the pitcher's intent on what may have been merely a bad pitch, and therefore mistakenly affect the outcome of the game. Passage of this rule is doubtful, but could be more likely if the brush-back problem intensifies in major league play. Football rule changes are presently in the news. The NFL; owners recently proposed a rule to limit or ban the use of "stickum" by players. Oakland go on to the championship defensive back Lester Hayes game, then they should have made the substance famous the opportunity to have the last year when he slopped game played here. The team almost a pound of it all over with the best record in the conhis hands, helmet, and uniform ference should have the right in each game, so he could bet- to host the championship ter hold on to the ball. The game that's all there is to it. owners want to avoid a repeat Now we come to the sport of a celebrated incident of last which may just need rule — — hockey. year when Hayes intercepted a changes to survive by the infamous pass and then gave a team- Led mate a "high-five". It reported- Philadelphia Flyers, the NHL is the instigators of fights. Most ly took doctors four hours to setting new penalty records fights are caused by a thug separate the player's hands. Another change being discussed is to guarantee each team in an overtime situation at least one possession of the ball. This rule would prevent a team from losing an overtime game without ever touching the ball, which is the situation now if a team wins the coin toss, drives downfield, and scores. For fairness sake, this deserves to pass. The NFL Competition Committee has proposed a rule, however, which definitely should not pass. They have asked the NFL owners to approve a rule which would require all conference cham- pionship games be palyed in "warm weather cities". It's not just coincidence that the Dallas Owner proposed this rule. He just doesn't want to go up to Minnesota and lose anymore. Football players are big boys, and a true championship team should be ble to win in any weather. If the Buffalo Bills have a great season, attract consistent sellouts, and THE STUDENT BAR ASSOCIATION AND THE 1981 COMMENCEMENT COMMITTEE Cordially Invite All Faculty, Staff, Administration and All First, Second and Third Year Students TO The SPRING DINNER DANCE Date: Time: Friday, April 3, 1981 Cocktail hour at 7:00 p.m. Dinner at 8:00 Dancing at 9:30 p.m. Place: Tickets: The Buffalo Hilton $7.00 for 3rd Year Students with I.D.s $13.00 for All Others Price of Tickets includes full dinner with wine and dancing. Tickets can be purchased outside the Law Library. ALL SALES FINAL! All Tickets MUST BE purchased by March 31, 1981. Opinion March 27, 1981 8 every day. The rights are getting uglier and uglier, with no end in sight. Frankly, it's a disgrace to any fan who truly loves hockey, Olympic style. NHL President Ron Ziegler has gone on record as welcoming the Flyer's tactics, since they sell tickets, and the owners seem powerless to deal with the problem. Nevertheless, I am going to propose a few rules that should be looked into by the owners and the players to end the current trash which passes for hockey. I'm sure anyone who saw the Flyers-Maple Leafs game last week will agree that trash is putting it mildly. First, do what the colleges do. When a player drops his gloves or beings to fight, he should be kicked out of that game and the next one. The penalty for fighting should be swift, severe, and predictable. SEcond, get the goons out of hockey. A player should be "allowed" to accumulate 200 penalty minutes a season. When his quota is up, his season is over. If the player is getting close to the limit, it should be a warning to his coach to have him play a little less, and let a real hockey player play a little more. Finally, the NHL should go back to its old rule a two minute penalty is a two minute penalty. It should make no difference that a team scores a goal on the power play. This rule would make penalties cost a bit more, and perhaps make a coach think a little more before he sends his goons out on the ice. The NHL and the league officials have also go to punish — beating up on a good player. The macho image in the NHL as it is, both players go at it and the "bad" player's team gets the advantage. Both players go off'for five minutes, but which team is really hurt? The NHL has to go to the defense of its quality players or they'll all end up laying on the ice some night, in a pool of blood. Two non-fighting rules have also been tossed about. One would eliminate the red line, which would speed up the game by eliminating two lines offsides. That rule has been experimented with by the colleges. Another, proposed by Justin White, is such a good idea that it will probably never pass. He thinks the NHL, as a safety measure, should stick the net into the ice by means of balsa wood, or another similar breakaway material, rather than the iron pole they use now. Such a change could have prevented serious injuries which befell two superstars this year. Gil Perreault was tripped from behind in a game in January and slid, with great force, into the goalpost, breaking three ribs and missing eight weeks. With a breakaway support, Perreault would have knocked the net off the support and perhaps not have been as severely injured. Balsa wood supports could have saved Hartford Whaler star Mark Howe a lot of pain as well. Howe slipped and fell onto the iron pole support after the net had been knocked away, piercing his back and missing three weeks. On the whole, I guess he would have rather been punched in the mouth. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-03-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/27/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/eab586efb49ff5b62b3c95cc2dde80b0.pdf 71d7df96d986e9c98651dae65cc6aafb PDF Text Text UB Students Once Again Beset By Late Grades by Edward M. Sinker Seminar in Constitutional Law (Mann) Over six weeks have passed Sociology of Law (Ross) since the 1980 fall semester Introduction to Legal final exam period ended. The Methods (Spiegelman) inability of certain-professors Civil Procedure I (Olsen) to meet their grading,responContracts (Schlegel) sibilities continues. To date, Federal Tax I (Joyce) fourteen professors have not Gratuitous Transfers (Joyce) turned in grades for the followEthics (Breger) Patents & Copyrights (Carting courses: wright) Limits on the Subpoena Problems with State and Power (Halpern) Local Government (Hyman) Financial Institution RegulaBalancing (Katz) Early American Constitu- tions (Spanogle) Judges (Berger) tional History (Ellis) » Opinion Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 "Only the apathetic have no opinion ..." Volume 21, Number 8 State University of New York at Buffalo School of Law March 5,1981 Students Gather to Fight Proposed SUSTA Cut Despite over 200 students Altreuter, in response to the receiving SUSTA within the low turn-out. "You would think law school, only 30 students at- people who are going to lose tended an SBA-Administration $1200 a year would be inmeeting on how 4o fight the terested enough to try to do elimination of the financial aid something about it. There are. program. 150 first and second year The meeting, which had students receiving SUSTA. been publicized for several Where are they?" While thanking those perdays around the law school, was designed to inform the stu- sons who attended the dent body as to what the Stu- meeting, Altreuter noted that dent Bar Association and Dean it would take a much larger Thomas Headrick were plann- student response for a major ing to do to get the Legislature effort to be launched. Former SBA representative to restore the $250,000 financial aid program to the law John Feroleto urged Altreuter to have the SBA sponsor a school. "Fight SUSTA" party, with the Led by SBA President Bill price of admission being a letAltreuter, Dean Thomas ter to one's assemblyman or Headrick and Financial Aid Ad- , visor Jay Marlin, the law school plans on mounting a major effort to get the Legislature to restore the SUSTA funding, whose loss would mean the loss of $1200 per year in aid to anyone receiving the maximum TAP award. "This is unbelievable," state senator. Said Feroleto, "If you have several kegs, and have a party on the 3rd floor, and have the purpose of the party being to fight SUSTA, then I think you'll have a lot of students in attendance, even those who don't get SUSTA." Most in attendance nodded really their approval at this suggesstated tion, and Altreuter was ex- Scholastic Achievement to be Recognized The First Annual Honors Convocation will take place March 17 at 3:30 in the Moot Court Room. The Convocation provides an occasion to offer recognition for distinctive achievement by our present students. Awards will be given to students who have achieved superior overall records, and for achievement in-particular course areas. The St. Patrick's Day party will immediately follow the Convocation. Students from the present second and third year classes will be honored along with January 1981 graduates. It is an excellent opportunity for the students, faculty and administration to join in giving recognition where it is due. Plan on coming to the Moot Court Room at 3:30 pm on the Tuesday after Spring break and join in the Convocation and the St. Patrick's Day celebra- tion. pected to present the idea to the SBA. Altreuter suggested the possibility of sending in- dividuals to- -Albany to- personally lobby with the Legislature if there were enough students interested. While Altreuter was speaking, sample letters were handed out and the students in attendance wrote letters to their legislators in Albany. In conjunction with the sample let- Boh Frank by photo ter. Dean Headrick had prepared, with help from Jay Marlin, a fact sheet on the SUSTA program which will be made available to all students. Dean Headrjck informed the students he was personally contacting many of the key legislative leaders, and he was preparing a statement on the SUSTA program to be presented to those leaders. He urged the students present to have their parents contact their legislators, and to get their fellow students involved. Said the Dean, "Even students who don't receive SUSTA should be concerned and get involved because we all have a stake in the quality of the law school and it will suffer if SUSTA is not restored." Marlin, who was actively involved in the efforts to fight a tuition hike two years ago, expressed both his concern over the lack of attendance and his conviction that "this is a battle that can be won." "Everything we know about the way Albany works indicates to us we have a good case for the retention of SUSTA and this is a winable fight," said the financial aid advisor. Bill Altreuter, SBA President, distributes SUSTA fact sheets to some of the 30 students attending the meeting. "There are no guarantees that SUSTA will be restored," continued Marlin, "it is a 50-50 proposition. But there is no way SUSTA will be restored unless those students who are affected get involved. It's up to you and your friends. If you don't care about losing $1200 a year in aid, fine." Most people in attendance expressed surprise at the small turnout, and suggested various reasons, from not having enough publicity to the attitude that someone else will do the work. Conspicuous by their absence were any minority students within the law school population. When asked about this, Marlin commented, "Most minority students in the law school are on Equality of Opportunity tuition waivers. Therefore, they don't think they are affected by the loss of SUSTA, but they are wrong. Since all EOP students must apply for TAP, and since most receive SUSTA, the loss of SUSTA would mean more students trying to get a limited portion of the EOP pie. Their SUSTA funds are used in place of EOP money. If there's no SUSTA, there may not he enough EOP money to afford those on tuition waivers the same waivers for next year." The deadlines for the restoration of SUSTA funding are April 1, when the Legislature must vote on the new budget. If SUSTA is not restored at that point, the program could be restored by July 1, when the Legislature votes on the supplemental budget. All students interested in the effort to fight for SUSTA should contact the SBA office or their SBA representative. A sign-up sheet for sitting at the desk in front of the library is posted on the SBA door. Additional information on SUSTA is available in the financial aid office in Room 314 O'Brian Hall or at the SBA office. joining �President's Corner SUSTA Meet Is a Dismal Flop Opinion Vol. 21, No. 8 Tax meeting time, and frankly, students in those classes who get SUSTA now, or are going to be eligible for it next year would have been well advised March 5,1981 Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Marc Ganz Ralph W. Peters Feature Editor: Photo Editors: Lee Berger Frank Bolz Business Manager: Jim Kraus Alan Beckoff, Doric Benesh, Peter Staff: Bill Altreuter, Bergenstock, Steve Gabor, Laurie Gross, Pat Jayne, Jay Marlin, Marty Miller, Joe Peperone, Mike Rosenthal Contributors: Therese Rahill, John Stegmayer © Copyright 1980, Opinion, SBA. Any republication ot materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. by Bill Altreuter Last Tuesday's dismal showing at the Save SUSTA Organizational meeting was, I suppose, an embarrasment, but more than that, it was an insult. Only thirty-odd students, out of what Jay Marlin estimated were about a hundred and fifty first and second year students who are now receiving SUSTA, gave enough of a damn to show up Tuesday. There is really no excuse for that kind of poor showing only a few research and writing sections and Estate and Gift — Editorial Headrick is Valuable Asset to the School The Opinion would like to extend its hearty thanks to Dean Thomas Headrick for doing a damn good job ofrunning this law school. The Dean has proven himself an able and-hardworkrng administrator. He is largely responsible for introducing a number of innovative programs into this law school. There are a few of the problems of accessibility that usually plague administrator-student relations. Dean Headrick's decision to attend the 100 Days Party and his ability to relate to students in a professional as well as social capacity are applauded. Except for two notable tax professors, no other faculty members could find time from their busy schedules and musty law review articles to appear at the bash. Perhaps some professors have an inherent inability to relate to the real world or perhaps they just do not wish to associate with this lower form of life known as the law student. The Dean's attendance at this" bash was an important indication of his support for the student body and UB Law School. We are fortunate to have such a Dean. Late Grades Plague Law School Again The semi-annual recurrence of late posted grades is upon us once again. As of this writing, there are fourteen professors who have yet to turn in their exam and paper grades. It is unfortunate so many professors take their duties so lightly. While it is granted exam grading is an unpleasant task, preparing for and taking them does not amount to a great thrill either. It is not unreasonable for law students, having toiled long and hard over a semester's span, to. expect a complete notification of their marks within two months of taking their exams. Students, unfortunately, are virtually powerless with respect to this matter. Much as you can lead a horse tp water, but can't make him drink, neither apparently can a balky professor, upon being led to his exams, be forced to mark them. We suggest, only half facetiously, that an ABA code of Professorial Ethics be drafted, addressing this problem: Opinion March 5,1981 2 * school. If you think maybe the conflicted with the money means something to you, I'd recommend sitting down and writing a few letters. I know your time is important, but if you think you'd like to to miss one class to insure that have your letters look as though you are informed, you they will have some way of becould pick up a fact sheet and ing here next year. to crib from it. You might even trying been has The SBA put together a lobbying effort want to enclose one. to convince the legislature to In the event that some of restore SUSTA to the budget. you do sit down and write letFor. whatever it's worth, the ters, you can drop them off at people who were at the the SBA office, and we'll mail meeting learned that we are them out, postage and now conducting a letter everything. writing campaign to individual The SBA has a tie-Jine. If assemblymen and state you're feeling garulous the chairpersons senators and might want to of the Higher Edcucation, sometime, you give Albany a call. stop by and Finance Means, and Ways and If it looks like people are really Committees. It is vital that we interested in going to school of support the get the downstate members of the next year, the SBA might even legislature. Students should have a phone-a-thon. ask friends and relatives to This had originally looked contact their state reps. like it was going to be a The SBA has fact sheets winable fight. It still is, but not available, outlining what if we don't come out of the SUSTA means to the law corner when the bell rings. Critics of AUL Are Set Straight 7o the Editor: I am writing this in response to the letter in your last issue concerning the Placement Of- fice's listing of positions with Americans United for Life (AUL). The letter was midteading about-the-type of organization that AUL is and I believe the record should be set straight. The writers accused AUL/AUL Legal Defense Fund of being "part of a small, wellorganized and well-financed sector in the country whichJias stepped up their attack on women's right to choose." They also suggested that it was aligned with the so-called "New Right" and the Catholic Church. First, AUL is a legal and AUL is not part of any political alliances or coalitions with the "New Right" or any other group. In fact, its IRS status prohibits any such activity. It also has no affiliation with any churches or church groups. It also was not the 1980 elections which made AUL "confident enough" to list its summer law student internship program with the Placement Office, as the writers allege. The announcement of the program was posted by the Office last year at this time also. AUL has a board of directors which includes distinguished Placement Office should not include listings from organizations like AUL. They suggested that AUL has no right "to utilize a State University service." I should point out to the let- writers that it is the men and women from all over students and alumni of the law the US. They include seven school, not employerst for physicians, one of whom is an whom this service primarily exinternationally renowned ists and we should be permitpediatric surgeon; a con- ted to have the full-range of gressman; two law professors; law-related job possibilities three other university pro- listed. fessors; and two prominent As a recent UB law alumnus, Protestant clergymen. One of I would strongly object to the the physicians on the board, is Placement Office suppressing Dr. Mildred Jefferson, the first job information because it ofblack woman graduate of Har- fends some students' political vard Medical School. and social view. The PlaceAUL wishes it were "well- ment Office's listing is not financed." On the contrary, it reserved for organizations describes itself as existing which espouse a particular "hand in mouth." It has an an- political philosophy. AUL is a nual budget of $250,000, which legitimate public interest law is not much for the substantial organization which should amount of legal work it does have access to the Placement (about 25 active cases), its Office. educational organization, not a political one. The Chicago Tribune described it as "the only national, full-time group devoted to providing legal support for the anti-abortion, or 'pro-life' movement." It intervenes in support of parties or as amici curiae in lawsuits around the country which involve human life issues. AUL concerns itself not only with abortion, but with such other matters as infanticide, euthanasia, in vitro fertilization, and so-called "wrongful death" tort actions. It can thus educational activities, and the legitimately claim to be a ge- Louisell internship program nuine "pro-life" group. It also (the subject of the Placement has not and would not take Office listing). It has no major any stands that would justify source for funds. Most seems lumping it with any "militarist, to come from relatively small racist, anti-labor" groups, as contributions in response to the writers suggest. direct-mail appeals. AUL carries out its educaAn exampel of the absence tional function by putting out of "fat cat" contributions was publications and sponsoring seen with the infanticide conscholarly conferences in areas ference mentioned above; The of its concern, such as its re- conference attracted scholars cent highly successful Interna- from the fields of law, tional Conference on Infan- medicine, and ethics from ticide and the Handicapped around the world, but none of Newborn. tions would give AUL a cent for it. (Apparently, these foundations don't think that infanticide of handicapped newborns is important enough of a subject to be discussed.) AUL's usual small contributors made theconference possible. The most-disturbing thing, about the letter was its obvious implication that the the major charitable founda- ter Our free political society tolerance for different views arjd permits an open and unrestricted intercourse in ideas. It is by doing this that it believes that it has the best chance to discover the truth. When persons, like the writers of the letter, try to suppress ideas they dislike, they show themselves to be afraid of the truth. They betray a wrenching uncertainty about whether the position they are advocating is really the truth. practices Stephen M. Krason �Financial Aid Office Reports on Student Loans by Jay Marlin Running out of money? Don't know how you're going to be able to afford to live while taking the bar review course? You were denied the full amount of your New York State Higher Education loan because you had reached the $15,000 loan limit? This news should then be good news. The total amount that may be borrowed under the guaranteed student loan program (NYSHEAC loans) has been raised from $15,000 to $25,000. You are still limited to borrowing $5,000 per yeaT, and borrowers only, the interest New York State Higher Educayou are permitted a total finan- rate on the New York -State tion loan for the 1980-81 cial aid package, which in- loans are going from 7% to school year until the last day cludes the loan, of no more 9%. For all individuals who of classes in April. than $7300 for a single student have borrowed before, the inUnder the Higher Education and $10,000 for a married stu- terest rate will remain at 7%. Act passed by the Congress dent. Those students who are first- this past fall, this and other To apply for another loan, time borrowers should contact changes will have a direct imthe same procedure that was Jay Marlin in Room 314 pact on the financial aid picfollowed when applying-for O'Brian Hall for additional in- ture at the law school. the first loan must be followed. formation. For example, all National Also, for all first-time bor- Direct Student Loans for You must get a NYSHEAC application from your local bank, rowers, the grace period for 1980-81 will have an interest and wait 3-4 months until the starting to pay back the loan rate of 4% instead of the preloan is approved. If your check has been reduced from 9 to 6 sent 3%, and the grace period is pink, it is likely to be the months after graduation. For for beginning to pay back that residue left over from govern- all previous borrowers, the loan is also being reduced ment red tape. grace period remains the same. from 9 months to 6 months. Students can apply for a In addition, for first-time Law School Involvement Urged To the Editor: I think I speak for all those who attended the "100 Days 'Til Graduation" Party when I say: Thank you, 1981 Commencement Committee, and congratulations on a job well done! Nancy Caple and Terri Rahill, who were in charge of the Party's arrangements, as well as Leslie Wolffe, Chris Trapp and Joe Peperone, who are also generally responsible for coordinating all graduation activities, deserve a particular- ly big thanks. AH the pople who purchased tickets and/or attended the 100 Days affair are proof that "the attitude around this place? hashlost'.some, of its overwhelmingly stench. Unfortunately, the apathetic aroma has not entirely evaporated. In spite of the best efforts of students and certain faculty administrators, the attitudinal problems of the law school cannot disappear without the support of the faculty as a whole. At a' time when state finances (and they will NOT offer free beer, soda and wings!). Were I asked today to contribute to either my undergraduate school or this law school, rest assured that budgets are being drastically my check would not order payreduced and the school's ment to' ÜB. Whether my reliance upon alumni contribu- preference changes between tions is proprotionately in- now and that infamous day on creased, the refusal of the which I receive my first "P-L-Efaculty to support law school A-S-E Give to UB" letter is conactivities is at the very least tingent upon the level of supcurious, if not hypocritical. On port the faculty can muster for the one hand, in 1981, these student activities between now persons as a group ignore the and then. In the meantime, I respectplea of the third year class for a mere four dollar contribution fully challenge the faculty to in exchange for which do their part to assure that the refreshments and enjoyable "give and take" component of company are offered; On the this school becomes just that: other hand, in 1982, this same reciprocal. faculty will be pleading with Doric H. Benesh the Class of 1981 to supplant their ever dwindling school "Cheerleader of Life" Reading Ethics—25% Is Necessary Open Letter to the Dean and last few weeks responsibly Everyone else at this law reading all 1200 pages and school: developing outlines for study groups, as some of us felt a I walked into school this responsibility to do. In the morning to find a group of peomeantime, the rest of our ple gathered around the en- course work has been abantrance to the library. Apparent- doned and our briefs not quite ly, one of more persons, as well-done as could have presumably first year students, been. And now all of this time last night papered several has been wasted. (Not to menareas in the school 'with the tion the wasted money we now useless ethics, material. spent on the material, and Someone, while admitting to wasted time of the people who the pOor administration of the had to offset all the material ethics course termed these who were hassled enough this "phantom paper plasterers" as semester.) In addition, we were "juvenile adults making false not given any warning or allowwere mereaccusations,." ed any input I suppose that these actions ly told that all that needed to were silly and maybe what was be read would be the ABA written fs untrue. Writing code. But, you may say, wasn't slogans and taping up ethics the material worth reading? material all over is not a very Won't we be more ethical for effective method of- rectifying having ploughed through it all? an unfair situation. But if we (That was the point, wasn't it?) Having been one of the unlook at these actions in the context of all the experimenta- fortunates to have read ALL tion this first year class has had the material, I think I can safeto put up with, we rfiay find ly say that for a one credit, first some method in this madness. year basic ethic course, maybe It is madness to find oneself one quarter of the material with over 1200 pages of was necessary. The rest reading to be finished by the well, it was just a lot of middle of the semester, with a esoteric diversion which brief, a midterm and regular though useful for some, hacTn'o classwork hanging over our place in a first year curriculum heads. And it is madness to already consisting of five have spent the majority of the Heavy reading courses and one —. large research project, demanding skills we were just now learning. Yes, e"thics is important, essential in fact in learning to become effective and decent lawyers. And God knows, the profession could use a few. But this was no solution. The phantom paper plasterers offered no solution and that certainly was his/her/their mistake. To fill thafgap, what might be a more feasible plan for the future, would be to give a ten week basic ethics course the first semester of law school one week for each code and one week for good luck. Three quarters of the material forced onus could be cut, leaving just several articles to illuminate problems with each canon. For those of us interested in further exploration, an elective including the rest of such materials sould be available. — And, for work-study students, it is now required that public universities must comply with the federal minimum wage. Prior to the Higher Education Act, public institutions weren't required to comply with increases in the minimum wage. As of January 1,1981 the federal minimum wage is $3.35/hour. Applications for New York State Higher Education loans for 1981-82 will not be accepted until at least May 1. New forms for 1981-82 will be available at that time. Statistics Presented on UB Financial Aid Information obtained from the financial aid computer indicates the following number of law students on loans and their average amounts. While the New York loan figures will undoubtedly increase as the year continues, these figures are the latest up-to-date data for school year 1980-81. Out of a student population . poration Loan (bank loan), . which is not based on any financial need. The maximum loan a student may receive is $5000/year. The average student loan was $4410, The following information is even more interesting . Typical law student profile: 45 (5%) of the students in the law school have only a of 836. NDSL loan. The average loan is 687 students (82.2%) have $1830. Aggregate amount is . either received a National $82,355. Direct Student Loan or a New 437 (52.3%) of the students York State Higher Education in the law school have only a Loan. Total dollars loaned to NYS loan. The average loan is law students: $3,218,278. Law $4603. Aggregate amount is students have received $2,011,581. $393,685 in NDSL money and 204 (24.4%) of the students $2,824,593 in New York State in the law school have both money. Average loan is $4684. loans. The average NDSL loan 249 students (29.8%) have is $1526. The average NYS loan received a National Direct Stu- is $3985. Therefore, this group dent Loan, which is awarded is taking out an average of by the Financial Aid Office on $5511 in loans per year. NDSL the basis of financial need. The aggregate is $311,330. NYS maximum loan a student may loan aggregate is $813,012.. receive is $2500/year. The These figures add up to average loan to a student was $1179. :, 82.2%. As you can see, the average 635 students (75.9%) have law student is heavily in debt received a New York State by the time he graduates from Higher Education Services Cor- the law school. ILC Plans Events for Week of March 25 Michael Posner, Executive Director of the New York Lawyers Committee for International Human Rights, and Amy Young-Anawarty, Executive Director of the International Human Rights Law Group (Washington, DC.) will be at the Law School on March 23rd to talk about the use of international human rights law in domestic court decisions. Emphasized will be the recent U.S. decisions of Filartiga and the Haitian case, among duced by Noel Fox, Cadagan Communications (1980) State of Siege, directed by Costa-Gaviras, written by Francos Solinas (1973) Last Grave at Dimbaza, proMahomo(l974) duced Generations of Resistance, produced by Peter Davis and the United Nations Free Namibia!, produced by the United Nations (1978) Formula Factor, produced by the Canadian Broadcasting Company (1977) others. Controlling Interest, producBut for those of us who are There will be an entire by California Newsreel ed affected, no on most we have week's worth of films choice but to suffer through human rights shown in O'Brian (1978) The Land of the Indians, the rest of the term spending Hall during the week of March sleepless nights catching up tn 23rd. They are sponsored by directed by Zelito Viana (1978) Nicaragua: Free Homeland courses we put aside. It is apthe International Law Clinic parently this frustration which and the Mitchell Human Right or Death, directed by Antonio has found its way to the walls. Lecture Committee and in- Yglesias and Victor Veta (1978) My Country Occupied, proclude the following: Amy Ruth Tobol Prisoners of Conscience, pro- duced by Newsreel (1971) March 5,1981 Opinion 3 �Law School Counselor's Door Is Always Open by Bob Siegel undergraduates, graduate Her purpose here, according students, and faculty members Have you ever felt a need to to Ms. Wright, is to help throughout the university. talk with someone but could students with their problems. When asked to compare the find no available ears? If so, "Problems" is defined as "the problems dealt with at the law you should be relieved to whole gamut"; from personal school thus far with those of the general university population, Ms. Wright felt she could sense more pressure here, but the differences were only a question of degree. "Problems law are generally the same students are no different from anyone else," said Ms. Wright. Ms. Wright's services have thus far been utilized mostly by first year students. According to Ms. Wright, "they feel they're not part of the total system, and that they weren't as prepared as they possibly could have been" for the law school experience. Ms. Wright tries to help the student work through the problem by "taking responsibility for it." "It's a photo by Lee Berger matter of their being aware that they have things within Professional counselor Maggie Wright awaits her next apthemselves with which to pointment in her office in O'Brian 725. work," said Ms. Wright. Ms. Wright hopes more know the law school has hired relationships, to anxiety and upper-level students will drop someone to listen to your pro- depression, to academic and in for a visit in the future. She blems, to consult with, and to financial woes. Being new to also welcomes dialogue with be of general assistance. Ms. the law school, Ms. Wright was faculty, administration, and Maggie Wright, a professional not sure how much help she support staff. "I just hope counselor, spends every Thurs- would be able to provide for everyone is aware my door is day in O'Brian Hall for ex- persons with substantive always open," added Ms. clusive service to the law academic problems. She Wright. school student body. pledged, however, to at a Ms. Wright feels she is Having received a master's minimum "point students in definitely helping to fill an exfrom UB the in Counselor degree right direction." "If J'm invoid. isting "Responses have Education, Ms. Wright is cur- capable of helping a person been claims Ms. very good," issue, coman definiterently in the process of resolve I will and Wright, "faculty and adpleting her dissertation for a ly seek out people who can be of ministrative endorsement assistance," of she added. Ph.D. In addition, she has had kind service this of supportive eleven years of counseling exWhile Ms. Wright is only at minimize perience in a higher education the law school on Thursdays, has helped greatjy.to anxiety." setting. She has, in the past, she "enjoys the day spent Ms. Wright did feel, at the taught workshops concerning here." When not exclusively the "psychology of examin- serving law students, Ms. outset, law students would be works ship" for students preparing to Wright with reticent about approaching a take the LSAT. — HONORS CONVOCATION Tuesday, March 17th 3:30 p.m. Moot Court Room followed by ST. PATRICKS DAY PARTY 3rd Floor Sponsored by the 1981 Convocation Committee and the SBA 4 Opinion March 5, 1981 - counselor "for fear of the implications it may have on their career." She has not found stigma to be a problem here. "Stigma lies in how a person thinks he will be perceived there is strong indication this service- is seen in a very positive light." And, Ms. Wright added, "If you're helpful, people don't really care who know!" Ms. Wright hopes the law school administration will favorably evaluate the outcome of her experience at O'Brian this semester and create a full-time counseling — for the law school. that Feeling strongly "something should have beenaround long before now," .there is no doubt in her mind a full-time counselor would be adequately used by the law school student body. "We don't' give students enough credit for taking care of themselves. If the need has position been identified, and you provide the service, students will take advantage of it." Ms. Wright provides the law school with counseling every Thursday, and can be found in O'Brian Hall, Room 725 from 9 am to 5 pm. No records of interactions are maintained. Counseling is confidential and "what goes on in the office goes no further than the office." There exists no rigid time schedule, Ms. Wright believing an "open" door best serves the needs of the student body. Even if the door is closed students should feel free to knock. If Ms. Wright is involved in a conference, the student will be given a specific time to return. So in the future, if you have anything on your mind, or just want to shoot the breeze, you should know where to turn. Ms. Wright will gladly provide with an ear to listen and a shoulder upon which to lean. Evidence of New Faculty at UB Law by R.W. Peters Students enrolled in Evidence quickly snapped out of their early morning reveries February 12th on hearing Professor Paul Birzon's announcement of his immediate departure for, as yet, undisclosed reasons. His replacement, David Stiller, completed the class for Professor Birzon. Professor Stiller is graduate of Columbia ,Law School, where he was* a classmate of Birzon's. Dean Thomas Headrick says Stiller, who is, as Birzon, a local prac- titioner, comes highly recommended as a sharp and competent attorney, proficient in the areas of evidence, trial practice and litigation. Stiller has had no prior teaching experience, but students presently taking the course indicate their general approval. _, Professor Birzon's reasons for leaving remain unexplainoffice, evasive His, ed., rti n ti, 7 ,J| (.was. v.r-i.Y >/. [villi when questioned $s;to hispte-r sent whereabouts. Dean Headrick did allude to the possibility Birzon would return before the end of. the semester. , Schuchardt Speaks to O'Brian Audience by Steve Gabor John Schuchardt, a member of the Washington, DC. bar and a group called the "Plowshares 8", presented a lecture called "Lawyers and the Bomb" to an O'Brian audience on February 19. Schuchardt was undaunted by the fact that an eight-count indictment is pending against him for illegally entering a Pennsylvania General Electric plant and destroying two nuclear re-entry vehicle cones. His actions were prompted by a belief that "the whole human family is about to be annihilated." A graduate of the University of Chicago and a public defender for most of his legal career, Schuchardt characterized his switch to an advocate of nuclear disarmament as a logical one. "As a defense counsel I made sure that the Bill of Rights was available to all who needed its protection. Today I'm an advocate of all the people because we all need protection from the bomb." Consistent with his attitude toward nuclear arms is Schuchardt's attitude toward the legal system. In. a recent edition of The Current, he asserted that, "In law school you lose your understanding of right and wrong, and of justice and the law. Justice exists. The bomb symbolizes everything evil, every untruth, and every capacity for destruction in the human family... If your society is based on overkill, that's where your law is." In light of the Reagan administration's proposed increase in defense spending, Schuchardt acknowledged his crusade will face a tough challenge in the year's ahead. He maintained unilateral disarmament is the only answer to nuclear holocaust. When a member of the audience exclaimed that unilateral disarmament would make America hostages of all people who have nuclear bombs, Schuchardt's response was a strange one: "That's strange. Thank you." Schuchardt's visit was arranged through the auspices of the SBA and National Lawyer's Guild. �Moot Court Wins Best Brief in Niagara Competition A team of four second year law students from the State University of New York School of Law returned victorious from Detroit recently, having won the award for Best Memorial and placing fourth in the 1981 Niagara Cup International Law Moot Court Competition. The competition, hosted by Wayne State University School of Law February 14 and 15, fielded twelve teams from the northeast and operation in South America. The issue paralleled the recent Canada. Iranian crisis and the 1976 Tanya Harvey of Honeoye Entebbe Incident. The team's Falls, Ruth Pollack of Long success was particularly Island, and Tom Eoannou and significant because the comJoel Kurtzhalts of Buffalo col- petition originated at UB Law laborated to write and argue a School almost a decade ago. brief before a mock InternaCase Western Reserve Law tional Court of Justice on an School won the final round, issue concerning a hostage followed by St. John's Univercrisis and subsequent rescue sity School of Law. Mugel. Twenty-eight teams from law schools throughout the northeast, midwest and southeast are expected to compete. The law school will be represented by the team of Bob Potenza and John Harras. The problem, written by Professor Kenneth Joyce, deals with the tax effects of a settlement received for a claim of sexual harassment brought by A panel of distinguished a male attorney against a authorities in international female partner. law, including Professor The entire student body is Robert Friedlander of Ohio welcome to attend the Northern University Law preliminary rounds on Friday, School, Franklyn R. Willis of March 20 and the quarter, semi the U.S. Department of State, and final rounds on Saturday, and Jean Ouelled of the Cana- March 21. Students who are indian Department of External terested in judging practice Affairs, Legal Advisory Divi- oral rounds for our team sion, served in the final round should check the Moot Court as justices of the International Board office door, Room 8 in Court of Justice. the basement for details. Boh Frank by photo In the next several weeks the On March 20 and 21 the Moot Court Board will host the law school will be represented eighth annual Albert R. Mugel at three national Moot Court Tax Competition named in competitions by Moot Court honor of Professor Albert Board' members. Betsy Broder Winners of Best Brief include Moot Court competitors (I. to r.) Tanya Harvey, Tom Eoannou, Joel Kurtzhalts, and Ruth . Pollack. Women Law Students Plan Spring Activities "Killing "Rape t and wish to attend Ms. Pessar's talk will be shown only. as part of a film/discussion presentation by the Women Law Students' Association on *,# .¥.*.* k. 'Mjm",ss&s #W in Room 106 O'Bnan.,. ; i", Attorney Linda Cleveland, President of the Buffalo Chapter of the National Organization of Women, will facilitate discussion after the films. "Killing Me Softly" looks at the image of women presented in advertising, and "Rape Culture" examines the social context in which rape occurs. The film includes interviews with victims, rape crisis workers and convicted rapists. Linda Pessar, M.D., a psychiatrist practicing in Buf- falo, will address a dinner meeting of the Women Lawyers of Western New York at the Buffalo Hilton at the Waterfront, San Carlos Room, on Wednesday, March 25 at 7 pm. Ms. Pessar will talk about the various problems faced by professional women, particularly women attorneys, including emotional responses to job-related tensions and conflicts with the "traditional" roles of women. Reservation forms are available in the Women Law Students' Association office, Room 10, until Tuesday, March 17. After that date, reservations may be made by calling Kathleen O'Brien Cirbus at 689-7331. Oinner reservations are $14.00, but the program begins at 8 pm for those who • ». * >sVs ¥ '. Both.the 1973. Attending the ABA Client Counseling Competition are Cathy Lojewski and Mitch Lustig. Pace University is hosting the regionals. In this unique competition, the problem is received only ten days prior to the actual event. The format is an actual interview with a potential client. This year's problem deals with discrimination in employment and credit. Shari Lewis and Rick Valentine will be arguing in the Wagner Labor Law Competition sponsored by New York Law School. The issues which were briefed and will be argued are the employer's duty to bargain and whether a credit union is a term or condition of employment. Innocent When Proven Me Softly" Culture" and Art Williams are competing in the Constitutional Law Competition at the University of North Carolina. The issues addressed are disclosure of a newsman's source of. information and whether handicapped persons have a private right of action under the Rehabilitation Act of • :■' experience of professionals and, the work of researchers have shown that one of the major reasons for the low conviction rate for rape and sexual assault lies in the victim's reluctance to continue with the. judicial process. The Volunteer Supportive Advocate in Court Assistance Program for Sexually Assaulted Victims has been set up with a view towards easing this situation by helping to reduce the victim and her fafnilyJs discomfort and apprehension, and increase the likelihood that the perpetrator of the crime will be successfully prosecuted. Para-professional volunteers are trained to act as a supportive presence for victims and their families during the The process. judicial volunteers are trained to give emotional support, and also to explain the proceedings to the victim and her family. Volunteers are to be available either three nights or two days a month, and the Cpurt Assistance Program asks for a commj/ment of six months. Applications are available in the Women Law Students' Office, Room 10. Please copy application and return to file. Volunteers are also needed to work at Haven House, a shelter for battered women. For information about the for program training volunteers, contact Susan Siegal, volunteer coordinator, at 884-6002. In early spring, I went to court Late summer off to trial Innocent till proyen Some justice for a while. — ... And so the accused, she takes the stand — patient all the time. Not really "much to say when charged with another's crime. "Do you swear to tell the truth?" "Beauty!" _-, I objected.. "The whole truth, nothing else?" Question uncorrected. "That is all I know," said she. .. . "That is all we need know," said me. Now sudden silence enshrouds the room to hear The Lonely Word it's hardly ever heard. Honesty so softly speaks "I know the victim I know him well' I even met the killer. . what more is there to tell?" "Should I tell yowhpw she killed -...- you've heardjt all before." With finger pointed straight at me, "Ask him to tell you more!" "Ask him about the night she lied and killed his trust in her. Why am I upon this stand when it's him you should prefer?" "Your Honor, I object!" said I, "TNs is really quite absurd. I am not on trial here, but the judge he wasn't stirred. "Because of you she goes on trial," said the judge in his dismay, "Victim and victimizes both roles you've played today." "Because you find one guilty man all others must guilty be? this really is the key." Place your faith in 'probable cause' can't to crime "She be made suffer for the of another's sin! Case dismissed both go free." The verdict now is in. . — ... .. . —— quasi N. Rem '81 Headrick Testifies on SUSTA On February 26, Dean Thomas Headrick testified at a joint hearing of the New York State Assembly and Senate Higher Education Committees in favor of legislative restoration of the State University Tuition Supplemental Assistance (SUSTA) program. The legislative representatives, including Assembly Higher Education Chairman Mark Siegel (D-Manhattan), and the amount of students afAssemblymen William Hoyt, fected by the cutoff in aid. Dean Headrick was warmly Robin Schimminger and John Sheffer and representatives of greeted by Assemblyman Senate higher education chair- Hoyt, who noted that the law man Kenneth LaValle school was "among the top (R-Suffolk) heard Headrick say twenty law schools in the that "there is no rationale for country." There was a generalending the law school SUSTA ly optimistic tune to the program." The Law School testimony, which ended with Dean also explained the nature praise for Dean Headrick by of the financial aid program Assemblyman Siegel. • March 5,1981 Opinion 5 �Utility Construction Cuts: An Industrial Dilemma by Marc Ganz rate What do Three Mile Island, the Federal Reserve Bank, Ronald Reagan and Mohawk Electric Company have in common? They are all central characters in the fight over financing and transmission of electric power in the United States. In the next few years, crucial decisions will have to be made concerning who will payers. Consumer ad- vocates argue the CWIP pass- along discourages energy conservation and leads to over capacity of electrical supply. Financial advisors are also discouraging plant construction. New York's leading bond rating company, Standard and Poors, is advising utilities to cut back on construction schedules because of high financing costs. The conserof vative bankers are only echo- pay for the construction new power plants and the decommissioning of older units. The question of who pays is the essential issue. Will it be the consumer, the stockholder, the banker or the taxpayer who pays the electric company's bills? The Metropolitan Edison Company is scampering for funds in order to pay old Three ing the advice given to utilities in past years by Ralph Nader and other environmentalists: stop building high priced power plants and start advancing conservation schemes. Is trouble starting to brew in the utility industry? According to the Energy Daily, six major utilities withdrew bond offerbecause of Mile Island Nuclear Plant bills, deteriorating market condiings in December service existing customers, and tions. In addition, according to repair the spoiled nuclear unit. Standard and Poor's Vice Presi: In the past several weeks, a dent Roger Taylor, 29 of the consortium of banks have 125 utility companies had their made clear they will not ex- bond ratings lowered in 1980. tend additional credit to the The utility industry's condinear bankrupt utility-company, tion will only worsen in the unless the Pennsylvania Public years ahead. Electric utilities Utilities Commission approves use an accounting device a requested $76.5 million rate known as Allowance for Equity boost by April 10. The Commis- Funds Used During Construcsion has stated it will not have tion (AFUDC). According to a decision in the rate case until Science magazine, this acnear May-. The operator of couting device allows utilities Three Mile Island is scheduled to "count as current income to pay nearly $25 million in cash that will not be available taxes to Pennsylvania and the until later when a plant has state has refused to defer the been completed and begins producing a marketable promonies owed. if duct." happens What Metropolitan Edison Company This accounting mechanism goes bankrupt? It will only back-fires if the plant is cancelcontribute to the already ed, or if sufficient revenues are worsening position of private not available when the plant is utilities across the United completed. For instance, the States. High interest rates, Long Island Lighting Company combined with reluctance on Shoreham nuclear plant • is the part of regulatory officials charging off billions of dollars to. assign higher consumer, i during the construction period rates have led investors to via AFUDC accounting. If the depart from the utility field. ; plant is not allowed to operate, Utilities, in turn are asking' of if economic conditions do both state and federal inot provide for huge increases legislatures for relief in the in revenue, LILCO may well go form of Construction Work in info bankruptcy. As Amory Progress (CWIP) legislation. ILovins of Friends of the Earth CWIP permits utilities to ]points out, "It allows the accharge consumers the cOst of count books to reflect a deconstructing new power imand and a willingness to pay plants. Presently it is up to 1for the electricity which may state regulatory agencies and inot exist in reality." legislatures to decide whether Utility companies cannot afNiagara Mohawk Corporation 1ford to complete nuclear may charge consumers for the |plants because of Federal Nine Mile Point nuclear power IReserve Bank inflated interest plant now under construction, irates charged on current borUtilities are asking Congress to irowing. Many utilities are pass legislation permitting 1therefore cancelling projects. CWIP to be passed along to The General Accounting Of- '< < fice reports 184 large utility However, with continued high interest rates and slumping demand, utilities will not risk York State, regulators concern- bankruptcy to continue a ed with siting of nuclear and nuclear future. Unless the other power plants have federal government incancelled projects scheduled tervenes,, there will be a conin six areas across the state and tinued trend towards conservahave notified private utilities tion and smaller capacity to change construction project generating facilities. Electric schedules to reflect this anti- rates will continue to climb as construction attitude. New AFUDC needs to be paid, and York State is currently proother financial payments moting a conservation atbecome due. For the next ten titude, via the Home Insulation years, consumers will pay for and Energy Conservation Act the mistakes of "the past ten of 1978, which mandates utili- years. Utilities have wasted vast amounts of time and* ty participation in energy conservation ratings, and also pro- resources predicting a' vides for low-cost loans for in- customer demand that has not sulation installation. New York come close to realization. In State legislators are also ex- the process they have scared ploring interest free conservaoff investors and; consumers , tion loans and expansion of the alike. V program to include business The utilities' future is bleak. and industry. Bankers' do.not want to lend The Three Mile Island them money. Regulators do nuclear accident provided the not want to increase rates. Consumers try to avoid paying impetus for a new era of conservation. The operators of the bills. Legislators resist changnuclear plant now concede the ing laws in utilities' favor. Inage of nuclear power is dead vestors run' away. The trend unless the federal government will continue until either the utility companies muncipalize,. steps in and subsidizes the entire utility industry. These go bankrupt, or consumers pay the high costs of electric steps involve moving the nation away from a conservation generation. The latter is more ethic and also away from realistic. The financing of utility Ronald Reagan's free enterpower plants has caused two prise model. opposing philosophies to These measures include a develop. The prospecial nationwide utility tax corporationists, led by Peter to be paid for the cleanup of Navarro, via an article in Three Mile Island, or a federal Regulation Magazine, argue of the Metropolitan that regulators have been bailout Edison Company by the US tough on utility companies government. This step may that must raise capital to build backfire, though, as consernuclear and coal plants, and to vatives and liberals unite replace oil producing plants behind the free enterprise ban- currently in operation. Mr. ner. As consumer advocates Navarro argues that the innote, the financing plans for creased demand forecasted by projects were cancelled between 1974 and 1978. In New , . conservation are cheaper and less of a risk than for centralized coal or nuclear plants. In addition, the recent appointment of anti-nuclear Congressman Richard Ottinger (D-New York) as Chairman of the House Subcommittee on Nuclear Power Issues lessens the chance of a federal bailout for the nuclear power industry. What's the future of this centralized power souce and the private electric industry as a whole? For the moment, there is a 35% surplus in electric generating capacity and, therefore, no" supply crisis. Opinion March 5,1981 6 utility companies is accurate, although the ten year chart of utility forecasts shows that corporations are always attempting to build two Or three times the amount of plants necessary. Mr. Navarro assumes a growth position which will never be accomplished with 20% interest rates. His entire argument is flawed by anticipated growth via new investment instead of ■ conservation installation. Navarro's solution is to federalize and regionalize utility production and take control away from. state regulatory authorities. He also advocates "temporary" aid to utility companies. He refers to this investment as petroleum displacement investment. Pro-corporationists, such as Navarro are attempting to have the federal government subsidize the utility industry, in the guise of reducing petroleum consumption. It is interesting to note that a proutility corporation advocate, such as Mr. Navarro resorts to anti-free enterprise models for arguments. He advocates federal standards for regulatory requirements, a nationalized CWIP program, and increased tax benefits such as accelerated depreciation. He goes so far as to say the federal government should take over the responsibility of regulating utilities. If ever' there was a program designed to help corporations avoid debate in the setting of policy, it is here. On the other hand, conservationists argue the' needed step is a moratorium on new plant construction involving strict construction standards and weatherization efforts. The anti-utility advocates municipalization of private utility companies, while the environmentalists suggest there is more than enough generating capacity for the next ten years. Amory Lovins suggests a "soft energy path" consisting of gas fueled cars, solar energy and hydro-electric power. Lovins' plan severely attacks federal subsidization of nuclear power and advocates a safe' energy future of renewable resources, and a shift away from centralized distribution. The utility companies obviously are opposed to this concept. Utility rate reformers are also active. Such New York groups as the Public Utility Law Project (PULP) and the Citizen's Alliance lobby against financing methods that encourage the building of new plants. The groups tend to agree that the accelerated depreciation tax treatment presently allowed by New York State encourages new plant building. Utility rate reformers also argue against allowing CWIP and advertising costs in the rate base. �Alumnus Feature UB Law Has Own Rock Star by Jimmy Kraus At first impression, the life Stein leads seemingly mirrors that of any typical third year law student. Completing his legal education, Stein attends classes and finds time to work part-time for a sole practitioner in his home town of Rochester. Like many other airplay and, more importantly, was licensed by CBS Records and achieved moderate success overseas. At that time, the record company did not take steps to develop the band because of perceived problems in marketing. However, the addition of Stein early last year along with another member change has graduating law students, transformed this hesitancy into Stein's life after law school is genuine expectancy. Already somewhat uncertain at this the band has become recogtime. What sets Roy apart from nized as the premier highthe masses, however, is the energy dance band in the fact that his destiny lies in the Northeast, a fact witnessed by group's eyes and ears of today's the repeated engagements in the showcase modern music performers. Roy Stein has pulled off a clubs of New York City as well remarkable feat. For the past as their selection to be the three years, he has endured the opening act for such top tourrigors of law school while chas- ing groups as The Pretenders. ing the dream most amateur These weekend gigs in New the fame York City, as well as their musicians share appearances and fortune associated with numerous breaking through into the upstate, are part of the band's mainstream of today's popular ( overall plan to become a moving force, in today's ffiiiSlc music scene. After playing with various scene. This plan also includes lounge and Top 40 acts, Stein the production of the band's was asked to join on as drum- material on both record and a strategy mer wjth the Rochester group videotape, New Math. This established necessary to bring their group had great potential but capabilities directly to those in had yet to achieve notoriety. A the music industry responsible record previously made by the for the development and proband had received some local motion of such new acts. Roy — Pep Talk Characterizing the band's music as "fast rock and roll", Roy relates the attitude of the group: "Our aim is to please those people who come to see us perform. Our music itself has no great social message. We have no show-offs in the band or any lengthy individual solo performances. We stick to the simple formula of basic three chord music with plenty of energy to get the crowd dancing and enjoying themselves." This mutual flow of energy allows the musicians instant gratification as to the performances they deliver on stage.' However, Roy acknowledges the misfortune of having this relatively new mode of music sometimes labeled as "punk Former law student Roy Stein sets the beat for his "new wave" rock group. Stein is hopeful that groups today including The something good will break for Police. By combining a law school the groupsoon. He realistically views the future success of the. education with his music band as hinging on the signing endeavors, Roy Stein has in a of a recording contract with a sense hedged against the usual major record company. The risks involved in the volatile band is fortunate to be music industry. If things turn associated with one of today's out well. Stein has the insights rock" and the like. "That label biggest names in the music in- into the legal profession to aid grew out of the bad social condustry producer Howard in protecting himself and the ditions in England where the Thompson. Thompson has band from unfavorable dealmusic of the time carried a previously handled the English ings with agents and the like. If strong message of rebellion," successes of such groups as the dream does not says Stein. "Attaching this Eddie and the Hotrods, The materialize, however, he, still name to all music with a Pscyhadelic Furs and the cur- has the benefits of the double somewhat similar sound rent number one group Adam life he has led. Regardless of damages the potential for pro- and the Ants. Thompson flew the outcome, Stein has effecmising music trends not to to Rochester this winter to tively proven the viability of mention the affect it has as to assist the band in recording pursuing an existence seemingturning off potential listeners." their latest single, "We Walk ly divergent from'a law school The less offensive term "new Among You." Also indicating education but, in the same wave" has more recently been interest in the band is producer sense, quite compatible when applied to this new music Myles Copeland, who also viewed together rather then > category. — very prominent handles some apart. Free Agency Has Deleterious Effect on Baseball by Joe Peperone The free agent systems in football, basketball, and hockey Well, sports fans, the ducks have been rendered almost have returned to O'Brian meaningless by similar comswamp, and that means only pensation plans imposed by one thing — baseball season is the owners in those sports. The upon us. For awhile anyway. chance of losing a popular or Last Wednesday, the Baseball important player has been too Player's Association voted to great to risk signing another go on strike May 29th if they team's player as a free agent. could not reach agreement Thus, there have been almost with the team owners on the no free agent movements of players in those sports, even issue Of free though the players technically tion. In a nutshell, the owners have the right to play out their voted February 19th to imple- options and go to another ment a free agent corftpensa- team. tion system. It goes into operaThe fact is, the owners are tion whenever a "Quality" desperately trying to save player goes the free agent baseball from themselves. route, leaves Team A, and Most owners decry the free signs with Team B. Under the agent system and, the huge owner's plan. Team B would salaries it has fostered, but not have to give up a player or they crawl over themselves for players to Team A to compen- the right to sign utility insate them for their loss. The fielders to $300,000 a year conowners see this plan as the on- tracts. A player with any talent ly way to protect their teams at all (12 wins or 20 HR's) on, from being decimated by the free agent market can,get player movements to the between $400,000 and $600,000 a year. And in these wealthier teams. The players, though, see the days of inflation, the term issue as it really is. Such a com- "superstar" has been devalued pensation plan would drive a to mean 15 wins or a .275 stake through the heart of the average, which has brought free agent system, a system these players contracts which has" made them so rich, sometimes in excess of one so fast. As it is now, team million dollars a year from owners sign free agents to fill owners desperately trying to what they perceive to be a buy that "one more player" hole in their lineup. If the that will win the pennant for owner's plan goes into effect, their trophy case. The Dave Winfield story is a they would be deterred from filling one position at the risk case in itself. Winfield may be of losing their own starter at a good player, but realistically, has consistently failed to play another position. Past experience has shown up to his potential. In his eight the player's position is' right. major league seasons, he has on rising, but are still the best buy in sports. Baseball remains the only major league sport you can take your whole family to see without going without food for a week. Which means that, despite inflation, the money is going to keep on rolling in, and everybody is going to be reasonably happy. That may end May 29th, however. Unless a compromise is reached between now and then, the strike will begin. The problem is that, given each side's position, there appears to be no room to compromise. If the free agent price spiral continues, the teams and owners which are less well off financially will be unable to compete for even average players, and those teams will this taking money. for player uncompetitive on the become After all, it was offered, so he to a drop in atleading field, took it. tendance, and a further loss of The owners admit they are revenues. responsible for the astounding salaries being paid this year in baseball. When polled by Sports Illustrated, they refused to blame the players for seeking these lucrative contracts, hit over .283 twice, has over 25 homers once, and has hit 90 RBl's three times. Last year his figures were .276, with 20 homers and 87 runs batted in. Yet, in 1981, Dave Winfield will make $1,400,000. The contract he signed with Yankee owner George Steinbrenner will be worth approximately 16 million dollars over a ten year period, and is adjusted for inflation, making the total package worth over 20 million dollars! I, personally, don't think anyone deserves that kind of money to play baseball. And I believe that deep down, he doesn't think so either. But I really don't think anyone can blame Winfield, or any other The players want to retain the.status quo, and will fight to the death against the im- plementation of any type of compensation plan. I believe m* there will be some sort of strike, and I think if that happens, the owners will end up losing. -They have the most to lose in revenue (after all, today a player can live well for a year on a month's salary), and have the weaker bargaining position, since' the players just want to retain the status quo, and aren't asking for additional salary or benefits. Actually, I don't give a damn what happens. They're all greedy jerks and deserve to starve and have their Mercedes repossessed. Translation: I have to study for the Bar Exam and I don't need the distraction now. I can skip the sports' page and go right to the comics. NEED RESUMES? and admitted the teams wouldn't be offering them if they couldn't afford to and didn't think they were investing wisely. The owners are getting rich much as the players. Although the owners never release their financial figures, \each team gets between one and three million dollars a year under various television contracts arid attendance is at an all-time high, getting better every year. Ticket prices keep just as Resume Typesetting 8t Copies Cover Letters Composing ACCU-TYPEsetting RESUME SERVICE 47 Christine Dr. • Town of Amherst (off Sweet Home Rd.) © 691-7480 - - - Quality Dependability Service Moderate Prices March 5,1981 Opinion 7 �British and Egyptian Espionage Equals Suspense by Peter Bergenstock The scene is Egypt, 1942. British Intelligence is on the trail of an Axis spy supplying Field Marshal Erwin Rommel with strategic information. Unless the spy and his radio broadcasts are stopped, German forces will push the British to the Suez Canal and defeat. The stage is set for Ken Follett's mystery novel The Key To Rebecca. Follett's beginning is captivating. The Egyptian-German spy, Alex Wolff, emerges from the desert like a phantom, his goal to intercept British military plans for North Africa. Wolff is successful. He lures a British courier into a liaison with a sultry Egyptian belly dancer, thereby gaining temporary access to information which he sends to Rommel. — his savvy, Wolff has left clues of his presence a dead British soldier who inadvertently discovered his plans, and a stream of counterfeit English pound — notes. The British are on to him, but their efforts are thwarted Wolff is an adroit spy he by red tape, ineptness, and received technical training in intra-departmental jealousies Germany in the arts of codes, within British Intelligence weapons, and disguises. Having grown up in Egypt, he also knows how to blend into the Cairo scene, whom to bribe and where to hide. But, for all itself. Not until the case is placed in the shrewd hands of Major Willaim Vandam are plans hatched for Wolff's capture. The Key To Rebecca, named for the code Alex Wolff uses to send his dispatches to Rommel, is a good mystery with crisp writing and well-paced action. In order to achieve some historical veracity, Follett includes "real" characters within the pages of his book. We see the Desert Fox, Rommel himself, conferring with colleagues about Wolff's dispatches. Follett also introduces us to other military figures, among them German Field Marshall Kesselring and British General Auchinleck- Follett even manages to weave young Anwar Sadat, an officer in the Egyptian army also involved in a movement to free Egypt from British rule, into the book. The presence of these real figures distracts from the plot as a whole since Follett gives us only fragmented glimpses of them, not any real character development. Still, the inclusion of the likes of Erwin Rommel and Anwar Sadat does add some historical spice to an already exicting book. Are Police Given License to Commit Legal Murder? - CHICAGO, Feb. 20 Most In addition to police use of states have adopted "fleeing deadly weapons, the incidence felon" statutes that allow local of excessive force, or street truth. That's what most people nual "Bar Revue" listing of believe from childhood it's dates, places, fees, and bar review courses for bar exams difficult to go against that." Because of the lack of sucin each state. A companion arpolice officers under certain brutality, also has caused a cess of civil and criminal acticle addresses the problem of circumstances to shoot at a sharp increase in public comtions, the Justice Department failing the exam and how to person who is suspected of plaints and alarmed the Comcommitting a felony. This use munity Relations Service, the Civil Rights Division and others of deadly force is the most U.S. Civil Rights Commission, believe that the federal volatile aspect of the police and the Police Foundation. government should take a Although these agencies, the larger rote in dealing with local brutality problem. "The Police are Getting ACLU, and community groups police brutality. Away with Murder," an article agree the problem of police . Barbara Brooks of the Civil by Phil Smith in the March brutality is growing, they do Rights Commission reports, by Therese Rahill issue of Student Lawyer, ex- not agree on how to punish it "Congress should enact some amines this problem and the or prevent it. Some think that legislation which would resistance that a complainant local police officials should authorize civil actions by the The time has come once again to tune up your guitar, encounters when he takes his bear the responsibility for setAttorney General against appropriate government or polish up that comedy act, test case to the police department ting the standards and then enforcing them. However, inter- police officials where there are out those vocal cords, or just or court. Smith writes, "At the heart nal discipline in police depart- clear patterns and practices of get ready to sit back and enjoy your peers entertaining. Plans of the debate is the question of ments has not been an effec- abuse." The cover story in this issue for the Fourth Annual Law whether a gun should be tive deterrent. A victim of police brutality of Student Lawyer is "Tempest Revue are now being made. To treated as a defensive weapon to be used only to protect the who is not satisfied with the acin a Test Tube" by Bruce Mays, refresh your memory, the Law officer, or whether it also tion of a police department which looks at recent Revue is the law school's own should be considered an offen- may bring a civil suit against developments in biogenetic version of a talent show comsive tool that can be used to the officer. The officer also engineering and the arguments bined with a night of partying. As those who have seen the prevent a suspect's escape." i may face criminal prosecution concerning regulation and conWhile federal law enforce- I by the government. These trol of new life forms. show in past years will tell you, ment agencies have chosen the i court actions likewise have not "Opening Fire on the Last you will be amazed at all the defensive approach, state I been successful in curbing Plantation" by John A. Jenkins hidden talent in O'Brian! In adstatutes have opted for the of- | police brutality because both examines the effects of dition, the show will include fensive. "The perception is j judges and jurors are lawsuits both legitimate the annual presentation of that under the guise of the -1 predisposed to favor the and frivolous that challenge Nude Law Professor of the fleeing felon rule the police i police. the right of Congress, often Year. As last year's winner, Philadelphia District At- called the Last Plantation, to Prof. W. Howard Mann, will are committing murder," Harvey Brinson of the Justice torney Edward Rendell exexempt itself from laws it tell you, it is quite a special Department's Community 1plains, "A policeman stands enacts for the rest of the counhonor. Ballots are distributed Relations Service told the for right and for law and order, try. after spring break and you'll be author. and a policeman tells the Also in this issue is the an- able to voice your opinion on — succeed the second time around. Student Lawyer is the monthly publication of the American Bar Association's Law Student Division. Annual Law Revue to Showcase New Talent — — 1981 Spring Dinner Dance Buffalo Hilton Hotel April 3 Tickets on sale March 16th to 31st, in front of Charles B. Sear's Law Library. II who you'd'most like to see in the altogether. Interestingly enough, in a school with twothirds males, a man has always won. This year's show is being dedicated to retiring Professors Jacob D. Hyman and W. Howard Mann. It will be held on Friday, March 27th at the Wilkesoh PUB, Amherst Campus. The show begins at 6 pm and lasts until 9 pm, during which time there are cheap drink specials and one can even order a bit of dinner while enjoying the show. The party does not end at 9 although the drink specials do, as the Pub opens to the general public at that time. The producers are still looking for talent so get a hold of Joe Peperone, Nancy Caple or Leslie Wolffe if you'd like to join in on the fun. , — — \^^^^^ ALL ARE INVITED! Tickets: . $13.00 per person $ 700 with senior ID - Sponsored by the 1981 Commencement Committee and ihe SBA � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-03-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/5/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/74b0dfdb19c986b11fc1f787c85fd24e.pdf 5e6fade0597e5b170b36c22b31192d90 PDF Text Text Bar Courses Questioned on Use of Law Facilities by Marc Ganz and recruit other students to be a part of the respective bar Bar-Bri Review and Marino- review "teams". As part of the recruiting Josephson's BRC, the two leading bar review courses at drive, the law review corporaSUNY Buffalo Law School are tions use university facilities. in violation of university rules For example,- in the past and regulations in conducting several weeks Marino BRC has marketing on campus. This, ac- recruited new staff from the cording to university officials first year class by holding is unauthorized and "over- meetings in lounges around looked." O'Brian Hall. Bar-Bri, during The Bar-Bri Law Review, a the week of February 9th, used subsidiary of Harcourt, Brace, the O'Brian first floor hallway. Jovanovich Inc., and Marino- Room 106, the first floor Josephson's 8.R.C., conduct lounge and the Moot Court extensive marketing camRoom. The law review compaigns at the law school. Bar- panies used these rooms Bri employs 30 law students in without paying the university its selling drive, while Marino for the service. In addition, the recruited 20 students to entice Corporations store equipment law students to take the month in the Library for a small fee long preparatory courses for and use the lecture halls durthe New York Bar Examination. ing the actual course-period at These students sit at tables in no cost. According to Al Dahlberg of the first floor of the law school Non-Profil Organization US Postage PAID Buffalo. New York Permit No. 708 the SUNY-Buffalo Office of Facilities Planning, which authorizes use of campus facilities by off-campus enterprises, "We do not provide space for private corporations to make profit on. This is state property." Dahlberg advised this reporter that the Facilities Planning Office has problems with the Bar Review courses use of campus property in marketing their product. "One would think that at least they would be charged rent for space used." He added, "There's been a general understanding that some of the profits of other groups activities will be used for scholarhsips or other campus activities." He specifically School spokesperson, stated, students. We've, therefore, referred to the "faculty wives "We're not thrilled with having taken a hands off attitude group" in connection with bar review courses on campus. towards this and other offscholarships. At the same time, bar review campus organizations." Wallin cont'd, on page seven Charles Wallin, the Law courses are important to Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "Only the apathetic have no opinion Volume 21, Number 7 State University of New York at Buffalo School of Law February 19, 1981 Professors Hyman and Mann Are Soon to Retire by Bob Siegel The constitutional law department will, -in all probability, lose two of its more distinguished faculty members come next semester, as both Professors Hyman and Mann have reached the age of man- datory retirement specified in the State University of New York guidelines. According to the Policies of the Board of Trustees published by SUNY, the age of 70 is slated as time for mandatory retirement. Whether exceptions can be made is ques- tionable. Professor Hyman graduated from Harvard Law School in 1934 and entered private practice in New York City upon graduation. In 1939, Hyman became an attorney with the United States government. He worked for the Department of editor-in-chief of the lowa Law Labor and the Office of Price Review. Upon graduation, Administration in Washington before joining the law school faculty in 1946, serving as Dean of the law school from 1953 through 1964. His work encompasses the areas of con- stitutional law, torts, arbitration, and state and local government. ■As for future plans, Hyman expressed a desire to work as a labor arbitrator, and to possibly teach on a part-time basis "if there-is a need for me." He is also interested in continued involvement in the State and Local Government program, working with Professors Wade Newhouse and Milton Kaplan. Professor Mann graduated magna cum laude from the State University of lowa College of Law where he served as photo by Lee Berger Professor Jacob Hyman reposes in his office. He has been an instituion at UB Law School. Mann served as law clerk to Justice Wiley B. Rutledge, United States Court of Appeals for the District of Columbia. He later clerked for Justice Harold Burton of the United States Supreme Court. Professor Mann is a member of the United States Supreme Court bar. Before becoming a part of our law school faculty, Mann taught constitutional law at Indiana University and, in addition, served as a visiting professor of law at' Stanford, Chicago, and Yale law schools. Professor Mann has specialized in constitutional law. Within this broad field, his principle areas of concern have been the first amendment and justiciability in constitutional litigation. Professor Mann is not as of yet sure of his future plans. The only definite commitment he sees is to finish an article he is in the process of writing concerning judicial review of the powers of the president. His future plans are, according to Mann, "to make some plans but I haven't made any yet." Professor Mann also expressed an interest in continuing in a teaching capacity at UB Law Schoof, not being sure whether exceptions could be made to the mandatory retirement pro- photo by Frank Boh been Professor Howard Mann has hailed by students for his unique approach to Constitutional Law. teresting institution in which tive atmosphere," said Hyman. people are interested in comProfessor Mann also feels ing to teach and work," said we are moving "into a more Hyman. competitive position." But Both professors are satisfied Mann, while also in favor of inwith the "Buffalo Models" em- terdisciplinary pursuits, felt phasis on the interdisciplinary the best legal education is occuring in subject areas where aspects of the study of law. students can progress in an Professor Hyman felt this area of specialization. Mann created a "good mix" of facul- consequently was of the belief ty. The mix of the social more course sequences coversciences with traditional legal ing a specialty from the inmethology "creates an in- troductory to the advanced tellectual atmosphere which is stage should be employed. increasingly exciting," said Hyman was not totally in Hyman. This excitement, Hyman felt, has enabled us to favor of specialization, and compete with the best law was of the belief most students schools for personnel. Hyman do not really know what they credits this success to the work wish to pursue until graduaof the Appointments Commit- tion. In looking for employvision. Hyman and tee and, in addition, to the ment, "most people have to Both Professors Mann believe thefuture of this reputation of our law school in follow the winds of fortune law school holds great poten- the legal community. People and the happenstances of life," cont'd, on page eight tial; a "very good and in- are hearing about our "distinc- �President's Corner Opinion Vol. 21, No. 7 February 19,1981 Editor-in-Chief Edward M. Sinker Your Cooperation is Sought in Evaluating Dean's Performance Dean Evaluation Committee, Room 523) before February 19. Please indicate if you want to keep your communication anonymous; 2. Informing us of your opinions by visiting us during office hburs listed below. The criteria which the office Managing Editor Bob Siegel News Editor: Feature Editor: Photo Editors: Marc Canz Ralph W. Peters Lee Berger Frank Bolz Jim Kraus Business Manager: Staff: Bill Altreuter, Alan Beckoff, Doric Benesh, Peter Bergenstock, Steve Cabor, Laurie Gross, Joe Peperone, Mike Rosenthal Contributors: Roseanne Berger, Dana Cowan, Joyce E. Fun- da, Jon Malamud, Jay Marlin, Marty Miller © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those Of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Unceasing Tuition Hikes Unfounded The recent decision by the SUNY Board of Trustees to raise tuition $300 a year is indicative of theirs and New York State's commitment to state supported university and graduate education. SUNY/Buffalo Law School has long been the most expensive state-run law school, in the country. With the decision to raise tuition once again, we will assume clear leadership in the tuition stakes. Other states, far less wealthy and powerful than New York, manage to support excellent law schools on something other than the already stooped backs of law students. We mention, briefly, the tuition costs at the following schools: University of Wisconsin ($1237), University of Michigan ($2008), University of Minnesota ($1500), University of Oregon ($1600), University of California, Berkeley ($836), University of North Carolina ($604). All of the above schools have reputations equal or superior to that of ÜB. New York claims a proud progressive heritage, but when it comes to publicly funded education, this liberal tradition falls on its face. Its predominant tradition lies in sending its sons and daughters to private colleges and academies, to be instilled with the proper elitist notions regarding education. From this "erudite" pool comes our current legislature arid SUNY Board of Trustee* These people's loyalties lie not with the SUNY system, but with their beleaguered alma mater. It should come as no surprise that these people vote for tuition increases. We of the Opinion believe this way of thinking to be wrong, and contrary to the mandate of the people of this state. We demand a reappraisal of this misbegotten policy of unceasing tuition hikes. We ask Albany to reaffirm its commitment to publicly funded education. We believe publicly provided, free or inexpensive education serves to reinforce the democratic ideals upon which this nation was founded. And we are fearful these ill-conceived tuition increases will once again make a university education a luxury of the wealthy. 2 Opinion February 19,1981 by Bill Altreuter of the Vice-President for. Academic Affairs has directed us to consider, and which you should address in this evaluation process are: A. Academic Leadership 2. Ability to represent the needs, concerns and interests of the Faculty or School to the central administration, to the University as a whole, and to the external community. 3. Ability to work effectively within an all-University context for the general purposes and goals of the University. C. Personal 1. Integrity, openness, effectiveness in dealing with colleagues, students, and other interested persons. 2. Accessibility. 3. Ability to deal with and mediate conflicts. 4. Skill in catalyzing the development of the constituent units of the Faculty or 1. Contributions to the improvement of the instructional pointed as student represen- and research programs. 2. Evidence of leadership in tatives to a University committee conducting a review of academic planning and Tom Headrick's performance development within the FaculSchool. ty or School. as Dean of the Law School. 5. Evidence .of continued B. Executive and OrganizaWe hope that you will pardevelopment and professional tion ticipate actively in this evaluation process by: 1. Ability to organize and contributions. 6. Evidence of community 1. Submitting written manage the office of the Proresponses (addressed to Provost/Dean effectively and effi- service and contributions. Thank you. fessor Ken Joyce, Chairperson, ciently. Dana Dowan, Caitlin McCor- mich and myself have been ap- Critics of Placement Newsletter Ignore First Amendment Rights To the Editor: because some disagree with the particular political stance of those, soliciting applicants. Rather, all legal employers should continue to exercise the right to advertise and solicit those in agreement with their position, whatever that position may be. (We doubt that We would like to take issue with the letter in the February sth Opinion assailing November's Placement newsletter. The writers were "outraged" by the listing of a summer position with the Americans United for Life. the Placement newsletter Instead of launching into a would become an.ideological discussion of the merits of battleground.) their position, we would rather As John Stuart wrote in On support the rights of both the Liberty, "though the silenced pro and anti-abortion groups opinion be in error, it may, and ■to express their views in a very commonly does, contain public forum. Freedom of a portion of the truth; and speech is one of the corsince the general or prevailing nerstones of the First Amendopinion on any subject is rarely ment. It is a lugubrious day in- or never the whole truth, it is deed when those espousing only by the collision ofadverse free choice would deny others opinions that the remainder of their freedom of expression. the thruth has any chance of The offerings of the Placement being supplied." Justice Office should not be censored Holmes, a later day supporter of the value of free discussion, put forth the view that "the ultimate good desired is better reached by free trade in ideas that the best test of truth is the power of the thought to get itself accepted in the competition of the market." Abrams v. U.S., 250 US 616 (1919) (dissen- — ting). Although all ofv us do not necessarily support' the antiabortion position of Americans United for Life, we all eschew any attempt to shackle liberties .our country's founders fought for. Their lives were at stake and so are ours today. We are shocked that such Pharisaism would be flaunted at a law school. Jeff Taylor Rossella Brevetti Pam Anderson Says He is Offended by Letter To the Editor: This letter is in response to the group of "concerned students" who wrote "in outrage" regarding a placement listing on behalf of Americans United for Life (AUL), an anti-abortion group. Surely the students do not expect the placement office to assume a particular posture on abortion and deny an organization the opportunity to seek legal talent? Should Alan Carrel decide which political positions merit legal representation? I was also offended by the evidence of this insidious, underground plot? The students then affiliate the AUL, again without substantiation, to the John Birch Society, the Conservative Party, and the Young Americans for Freedom. The "concerned students" hint that the group's anti-abortion campaign is merely a respite from normal "militarist, racist and antilabor'" activities. It so happens, however, that there are many people, such as myself, who fully support women's rights, advocate homosexual rights, protest racism and militarism, and are in favor of any and all rights which allow persons to achieve their individuality and human dignity. Above all we champion the ultimate right: the right of person to his or her life. letter because the students advanced the notion that an antiabortion stance is somehow interconnected with hateful intolerance: "AUL, we suspect, is part of a small, well-organized and well-financed sector in the country which has stepped up their attack on women's right I will not attempt to change to choose." Is "there,no other anyone else's point of view. Just try to understand ours. We believe that every individual genetic code should be protected. Each conception is a unique, never to be replicated event; the resultant entity is as much of an individual then, as when he or she is two cells, four cells, or a billion cells. Any views we might have had in the past, such as "quicken- ing" (fetus movement) indicating life, are clearly erroneous in light of modern genetic science. The significant event, the beginning of an individual, happened at conception. Adopting this perspective, perhaps one can appreciate why we consider abortion to be so unfair. My views on abortion are the only ones my common sense will permit me to hold. I resent being stereotyped, or associated with any group, because of my views. Thomas A. Catalano �Marlin Offers Report on Various Financial Programs by Jay Marlin where all students are united, If the SBA cannot take the With six weeks to go until energy and enthusiasm that April 1 and the adoption of the people have for this issue and budget by the Legislature, translate it into meaningful acthere is still time to.,convince tion, they are truly impotent. the New York State Legislature If the SBA can organize the to restore the SUSTA program. student body on this issue, But to convince the then it will be in a much better Legislature to restore SUSTA position in representing the will take a lot of work from students with the law school the law school administration administration on other issues. and from those most affected In several short years, the the study body. SBA has changed from a fairly In 1979-1980, 226 students effective, well-run organizawithin the Law School received tion with a lot of enthusiasm to the maximum TAP award and an organization that is literally therefore automatically re- foundering' This issue can turn ceived SUSTA. Each student things around, and yield who received SUSTA had benefits beyond the restora$600/semester credited tion of SUSTA. towards.their tuition bill, in addition to the $300/semester *** TAP award. That's $1200/year In response to several inquiries, everyone is reminded in-financial assistance. Therefore, there should be that the elimination of SUSTA at least several hundred does not take place until next students who would be willing fall. Spring SUSTA still reto spend the time to write let- mains. While a final figure will ters to their legislators, parnot be available before March, ticipate in any planned trips to it is expected that Spring Albany, and voice their con- SUSTA will amount to approxcerns to the Assembly and the imately $600. Senate. *** Mobilizing this student Regarding National Direct energy is the responsibility of the Student Bar Association. Student Loan checks for Spring Now is the hour when the SBA 1981, the Office of Student Accan once again become an ef- counts reports that all NDSL fective and credible organizachecks for letters A-P are now available. The checks for lettion within the Law School. The SBA has an excellent op- ters Q-Z are soon to arrive. The portunity to provide real distribution of spring NDSL leadership within the Law checks is way ahead of last School community. This is a year until two weeks ago when ready-made issue. rAn Issue the checks stopped arriving — — from Albany. All students who were delayed by Albany. Of have not received their Na- that $5500, $4800 has been tional Direct Student Loan reimbursed and we-are confichecks by February 15 are dent of collecting the remaineligible to apply for a Law ing $700. The program has School Emergency Laon. worked well in providing shortterm emergency relief to ■ students who have had their *** loan checks delayed through Progress report on the Law no fault of-their, own. School Emergency Loan ProOnly one change is being gram At this point, during considered for the program. Inits first experimental year, the stead of being given the loan Law School Emergency Loan interest free for the first 70 Program is working very well. days with a 3% interest charge During the Fall of 1980, out of being assessed for anytime a capital budget of $6000, past 30 days, there will be a $5500 was loaned to 28 $5.25 loan processing fee. students whose loan checks Since all check-handling is operated out of Sub-Board, there are operating costs in running the program. If the $6000 capital account ($3OOO each contributed from the SBA and the Dean) is to remain intact, there has to be a processing fee. Operating costs have reduced the capital account by $140 already for Fall 1980. — ** * — Final note You cannot apply for TAP for next year until the end of April and you cannot apply for a New York State Higher Education Loan for next year until May 1. Ganz Proposes SUSTA Fight by Marc Ganz Governor Carey has proposed that the SUSTA financial aid program be eliminated. Over 200 law students- are affected by his decision. It is now time to organize a strategy to fight the Governor and actually increase the allocation to offset the anticipated tuition hike. In this gubernatorial stratego game, the students, administration and alumni must combine resources to fight for the law school's betterment. ■ Each student should send letters to his or her representatives in the Assembly arid State Senate by March 1. The earlier the letters get sent out, the more time the New York State Legislaure has to digest the law school's wants and desires. The most important people to write to, in addition to your own representative, are the legislative leaders. In the Assembly, Speaker Stanley Fink (D., Brooklyn), Ways and Means Committee Chairman Arthur Kremer(D., Long Beach) and High Education Committee Chairman Mark Siegel (D., Manhattan) are the people who will decide whether the SUSTA funds will be restored or whether the Governor will prevent law students from affording first rate legal education. In the New York State Senate, the most important people are Majority Leader (R., Warren Anderson Binghamton), Finance Committee Chairman John Marchi (R., Staten Island) and Higher Education Chairman Kenneth LaValle(R., Huntington). In the past, the Senate has played a background role while the Assembly shouted on behalf of the SUNY students. A little more pressure is needed on this side of the legislative building. It doesn't matter how little you think your letter will help. We know how hard you wetk in law school! If you feel that an hour's effort is not worth $2,000 then forget about the whole deal. But if you feel that your financial aid is important, then a letter or phone call will help. Irving Younger gives a free Introductory Lecture on the CPLR. February 19,1981 4:30-6:30 Moot Court Room STAN CHESS, Director of BAR/BRI * " Will Discuss 'NY B&r Exam the —>> 1 TODAY February 19 Room 106, 3:15 p.m. FREE Pizza, Coke & Beer DISCOUNT DEADLINE WED. MARCH 4 Save $25 Summer '81 Exam $470 plus refundable book deposit. First & Second Year Students: Save $150 '82 and '83 Exams \ $425 plus refundable book deposit. See one of the BARBRI Representatives: Seniors CarlaCersten Leslie Wolff Michael Chakansky Rtfsemary Callick Pat Dooley Ruth Pollack Christopher Reed Mark Suzumoto . Lew Rose Tanya Harvey Orest Bedrij Ellen Dickes - Paula Feroleto Aldric Reid "Rocky D'Aloisfd Patricia Jayne ,. , DorieH Bene h; Therese RahilJ Renee Lapides Francine Bruno Joan Warren ErikLindauer Arthur Scott Carfinkel Jay Marlin Paul Israe son Winston Ellis^ February 19, 1981 Opinion 3 �BALSA Fields Frederick Douglas Moot Court Team Buffalo residents with not be a new idea, but how landlord-tenant problems. This many people really would At this point in time, is essentially an in-take pro- want to get involved in such a delayed as it may be, BALSA gram implemented under the program? would like to extend to all auspices of an attorney. A proThe BALSA, in conjunction warm wishes for a successful gram of this type will serve as a with the Coalition of Minority New Year. Having done so, link between the law school Craduate and Professional Students, will be sponsoring a now to the heart of the matter. and the community. At the outset it should be \ The program indicates to the Career Day designed to pronoted the BALSA is par- community we have not vide guidance for students ticipating in the Frederick forgotten about them. By propresently enrolled in primary Douglas Moot Court Regional viding such a service the and secondary education. This competition due to fhe untir- BALSA is establishing a supwill be done as an attempt to ing eforts of Percy Randall port base within the communi- give these students some direcThis is an opportunity for ty, which is viewed as one of tion as to the various career BALSA members to apply the the basic type programs any opportunities. Another purlegal reasoning, analysis and organization at this level pose of this program is to give persuasive methods they have should establish. learned since attending this The BALSA also has in law school. In addition, gives the Buffalo chapter of the operation at Prison Outreach by Dana Cowan BALSA regional exposure as an active and integral unit in the Northeastern Region because the BALSA will, be competing with other chapters in the Northeastern Region. Also, thanks and appreciation are expressed for the assistance of Dean Canfield. Lastly, all should be aware that an activity of this sort will enhance the reputation of the law school in terms of the quality of law students and education. There is always the possibility this chapter could win the competition and bring the gold to Buffalo. •As'for what the BALSA is doing in the community, we would like to note the relentless efforts of Leander Hardaway who has established a satellite office in People United to Save Humanity (PUSH). The BALSA, within the PUSH organization, will help Program which attempts to bridge the gap between the convicted felon and the outside world. This is an attempt to express to them someone out here cares. The energy supplied for this operation comes from Sheryl Robertson, Karen Powell and Otis Arrington. Students go to prisons (e.g. Attica) and sponsor workshops designed to meet the needs of the inmates. These efforts may be seen as both a reform and a new socialization process to get these people thinking about the return to the outside the BALSA members the opportunity to serve as role models and reinforce to these students that they can succeed if they want to. The significance, in these days and times, of such a program need not be expanded upon. The concerns of the BALSA in 1981 *are, among other things, the hiring of a minority faculty person and/or administrator, the continuance of the commitment on the part of is to be had. Lastly, it should be noted in these times to come, whoever' you are, whatever you are, we as citizens of this great nation must come together to aid one another in the day-to-day strugthe law school to admit gle or else we are not truly livminorities into the law school ing up to our obligations as at a representative rate and the American citizens. Prof Katz' Photo Exhibit Reveals the Sensitive Yet Sensual Eye by Edward M. Sinker Lindgren, and John Schlegel. As Katz calmly greeted his guests in the high ceilinged old icehouse, others enjoyed the appetizing buffet and cold wine or beer. The exhibit runs until March 1 from 1 to 4:30 p.m. Wednes- day through Sunday and from 7:30 to 10 p.m. on Thursdays and Fridays. Consult the February 5 Opinion, page eight for a map to the gallery. February 6 marked opening night for Professor Al Katz' photographic exhibit at The Artists Gallery. "Mostly Women" The exhibit reveals yet another facet of UB Law represents a decade of School's enigmatic Al Katz. photographic work commencing with 1970. Katz portrays the female as both sexy and serious, a combination heretofore atypical of societal impressions. What Katz does to an ordinary pie, in a photograph captioned world. i The members involved in "Schlegel's Pie," has to be experienced. The exhibit clearly this program have also attempsensual, yet ted to plug into the Criminal demonstrates the eye sensitive, of the artist. by Justice System by aiding atMany Section 111 students attorneys in the arraignment process. This is seen as one of the tended the opening along with more progressive programs the such law school notables as BALSA is sponsoring. This may Professors Jacob Hyman, Janet Professor Al Katz welcomes visitorsto his recent opening at the Artists Gallery. Boh Frank photo On Target Again! BRC students had no cause for concern on four of the six essay questions on the July 1980 New York Bar Exam, because Joe Marino, Sr., a virtual legend in New York bar review (with over 35 years of experience) thoroughly analyzed the issues that appeared on those questions during the bar review lectures. BRC's amazing ability to "predict" many bar exam issues is only one of the critical differences that give our students a competitive edge on the exam. Ask a BRC representative for others. ■ brc reps Debbie Decker jaV Mintzer Ed Northwood Elyse Lubin JoyKindrick Vincent Phillips Dean tmmanuelli Larry Friedman Tanina Liamari Mke Athans _ Eastern Regional Office: ei.~„, 17th Floor 71 Broadway, <-»»i« New York,• New York 10006 , 212-344-6180 V V mmnnm 1i J / Andrew Cataldo Julie Rosenb |um La"v En gei Greg Miller Wendy Fechter Mark Ventrome Matt Modica Alan Solarz Glenn Frank Judy Holender «lUin»— Marino- Josephson/BRC 4 restructuring of the legal •methods program. These concerns are self-explanatory and need no great elaboration except to say they are both valid and crucial if a successful and pleasant stay at the law school Opinion. Febmary 19, 1981 . •" �New Human Rights Clinic Proving Successful by |on Malamud The Human Rights clinic is thought to be the only one of its type in the United States. The clinic is part of the traditional clinic program that is run in this school and was instituted last fall as an opportunity for students to gain practical experience in this growing field of international law. Five students participated in the clinic last semester and five other students are participating this semester. The clinic is involved primarily with projects and/or issues that are referred to it by various human rights groups throughout the country. Prominent orgnaizations that either supply information to the clinic or work with the students are Amnesty Interna- is to oversee and direct, to some extent, the projects that the students are involved with.. Ultimately, however, students are left to independently work with organizations or persons who are related to the specific subject-matfer of the project. The types of projects that students will be working on from range preparing documentation of human rights violations in certain countries to the preparation of codes of behavior for the treatment of prisoners. Students felt the clinic offered them insights into ongoing problems they had never encountered before. Clinic students are required to also enroll in Professor Leary's seminar on International Protection of Human Rights. This requirement tional, "the International reflects the clinic's commitHuman Rights Legal Croup, in ment to combine the intellecWashington and the New York tual with the practical aspects Lawyers Committee for Inter- of a subject area. Last semester students from the national Human Rights. The Clinic instructor, Kathy clinic were enrolled in the Rimar, is a May, 1980 graduate seminar with non-clinic of the law school and is students. Professor Leary felt presently a part-time instruc- that the situation was very tor Ms. Rimar's responsibility helpful for both types of students. The non-clinic student was given the opportunity to see the practical results'of the subject-matter. For the clinic student, the seminar provided an arena where the general enthusiasm provided incentive for the students. This semester, only clinic students are in the seminar as Professor wishes to decide which is will be increased next year, a better approach for the corresponding with Rimar's management of the seminar. promotion to full-time. And as For the coming year, both to whether or not there will be Rimar and Leary are confident projects available to work on, that the clinic will grow and it is the unfortunate truth that play an important part in the violations of human rights are protection of human rights. an ongoing affairand the clinic The number of students who will not have to fear for lack of will be able to take the clinic activity. Leary NY Bar Association to Respond to a Comprehensive FTC 'Quiz' The New York State Bar Association will be among the first in the United States to respond to a comprehensive questionnaire from the Federal Trade Commission on consumers' access to legal services, according to Alexander D. Forger of New York City, Association president. indicate a belief that the FTC The Appellate Divsion of the has, or should have, the power Supreme Court is responsible to regulate the practice of law. for disciplining lawyers and in- "If equal justice is to be a reality, unencumbered access to legal services must be available to all persons, irrespective of their financial circumstances," Forger continued. the Among areas probed in "The New York State Bar the FTC questionnaire are Association believes it is imalternative methods of deliver- portant to cooperate with the ing legal services, such as federal government in collecgroup and prepaid plans and ting information concerning clinics; policies on lawyer the delivery of such services. advertising; ethics; investiga- While our Association has long tion of grievances; and sought to improve the efficienunauthorized practices of law. cy and quality of service, we Forger noted that 230 hours of are certain that we can profit state bar staff time were re- from the experience of others quired to complete the quesand thus believe the collation tionnaire. of this information from around the nation will be "Response to the questionproduce methane gas as an alternate source of energy. The naire is voluntary," Forger said, useful to the profession and Sea Grant Law Program under- "and in the opinion of the will unquestionably be to thetommunity at took the examination of the State Bar's Executive Commit- beneficial large." legal implications of an ap- tee, the FTC lacks jurisdiction He pointed out that the propriate entity (government v. to compel the Association to private) establishing test kelp respond. Our willingness to NYSBA does not regulate the farms in the Long Island cooperate, therefoferdoes rk>t legal profession" in the state. Sound. The research attempted to reconcile the concerns of various governmental agencies with the concerns of. outsiders, e.g. boaters. Norma Wedlake, Executive shown, with a following group Current projects include the Director of the New York State discussion, sometime in late consideration of long-range Temporary Commission to March or early April. Quesperspectives of kelp farming in Revise the Social Services Law, tions regarding future film international waters op a large will speak here February 19 at presentations may be directed scale and involvement in one. The topic of her talk is: to Shelly Reback (mailbox no. federal litigation in which "Women in the Welfare 771). In addition to the comRhode Island is seeking to ex- System". It will be followed by mittees organizing films and tend its mainland borders fo in- a question and answer session speakers, the Women Law clude an island off the Long and a reception. The Women Students' Association has a Island Sound. This case will be Law Students' Association is committee concerned with heard by the U.S. Supreme sponsoring Ms. Wedlake's ap- establishing ties with the comCourt. pearance as well as other munity and alumni. Rosemary Sea Grant scholars' par- future speakers and films. Jane Bis (mailbox no. 291) can ticipate in the program from Markle (mailbox no. 725) will answer any questions about provide further information on upcoming events in this area. January to December, parttime during the semesters and upcoming speakers. Registration packets for the The movies Killing Me Softly full-time during the summer. be will Rape and. Culture National Conference on from Applications are sought Five Students Get Sea Grant Awards by Joyce E. Funda Five second-year students are the recipients of the 1981 Sea Grant Law Program scholarships. Kevin Brown, Michael Crosby, David Eagan, Judd Ryan and Karen Stifter will receive a $6,250 stipend as well as the opportunity to apply for a tuition waiver. Accor- ding to co-director Professor Milton Kaplan, the students were selected on a competitive basis using criteria "not unlike the Law Review;" which includes intellectual capability assessed in terms of grades and individual evaluations and "demonstrated productivity" based on writing samples. The New York Sea Grant Institute, an agency created by the State University in collaboration with Cornell University, administers federal funds to the Sea Grant Law Program here at U.B. Professors Robert Reis and Milton Kaplan, as codirectors of the program, supervise the research projects undertaken by the students second-year students in and also maintain editorial November or December of responsiblity for these pro- each year. jects. •» According to Professor Reis, The projects involve issues whose enthusiasm for the proof contemporary significance gram seems boundless, the Sea waters. The related to coastal UB enemphasis is on applied Grant Law Program at joys a "super" national reputaresponit is the research and numerous resibility of these students to tion, receiving from all for research quests publicaan for produce article country. Citing stuover the tion in the annual New York dent apathy as an explanation, Sea Grant Law & Policy Jour- he acknowledged that within nal, which has a diverse authe walls of the law school, litdience including lawyers, is about the protle engineers and conserva- gram. known of projects tionists. The range Reis calls the program "exis impressive as is the potential impact of the research. For ex- citing." His enthusiasm is inample, scientific research pro- fectious. Upon hearing him, duced the possibility ofthe use few would go away unpersuadof kelp, a form of seaweed, to ed. vestigating grievances against attorneys. "Consequently, many of the questions in the FTC inquiry do not pertain to the work of the Association," Forger said. "The FTC is investigating whether bar association activities or regulations in any way restrict consumer access to legal services. Our Association has, in fact, made exemplary efforts to promote the availability of legal services to all members of the public, irrespective of their financial resources. Moreover, we are . constantly striving to improve the quality of legal services and reduce their cost," Forger Mid As examples, Forger cited the Association's plans to establish a statewide lawyer referral system this spring, its support of group and prepaid legal services plans, and its extensive confining legal education programs. OWLS Offer Upcoming Events • Women and the Law being held in Boston April 3-5 are available in the Associations' office, room 10. Anyone interested please stop by the office for information and the forms. The next general meeting will be a potluck supper Sunday, February 8, 5-7 p.m. in the fourth floor lounge. Please sign up on the sheet posted outside the lounge or stop in the office. Office hours are Monday through Friday 10 am to 3 p.m. The office always welcomes interested students who drop in with questions or to talk. Small Claims Is Raised to $1500 by Marc Ganz The New York State Legislature has raised the maximum limit allowed for a person to sue in New York State's Small Claims Courts. During the special session ordered by Governor last Carey November, the Legislature raised the limit from $1000 to $1500. According to a Senate aide. Chapter 902 of. tjpe.laws of 1980, introduced In ihe New sYork State. Assembly by, Assemblyman Marchiselli and Finneran, and in the New York State Senate by Senator Goodhue, is in line with the inflation cycle. There is increasing pressure by consumer groups to raise the limit even higher. Various Albany lobbyists are insisting that a $4000 limit would not impair the present system or lead to ill informed decision making. Meanwhile, corporation lobbyists are introducing legislation designed to let corpora tions -sue in small claims courts..-The" lobbyists contend that small businesses are often left in "legal limbo" because they cannot afford the high legal costs associated with New York Supreme Court >» jurisdictional decisions. This legislation is being opposed by the same consumer lobbyists that are pushing for a higher maximum ceiling for the small claims courts. These groups include the New York State Con-sumer Protection Board (CPU) and the New York Public Interest Research Group (NYPIRG). - The clash between the two groups will undoubtedly lead" to a stalemate. February 19,1981 Opinion 5 �. Before The Character Committee — A Scenario by Bob Siegel rules you cap pick up your ball Comand bat and go home Your eyes opened to the prende? greyness of a December mornApplicant: Si. Committee: (in a low whisper ing. Though every bone in your body ached, your mind raced barely audible on the tape, "I with anticipation. Jumping out think we may be dealing with of bed, you ran down to the some Commie Pinko here corner and purchased the last better give Edgar J. a ring") copy the newsstand had. Scan- Now, to repeat the prior quesning the list provided by the tion. Have you done anything New York Times you see your in your prior 26 years? name, middle initial and all. It Applicant: Maybe. Committee: Mr. Ego, there can't be a mistake. You've passed! YOU'VE PASSED THE are no "maybes" here. Obviously you've done something BAR EXAM!!! what did you do? You, however, have not yet Applicant: Well. it. .it reached smooth sailing. The bar exam is merely the first happened a long time ago. obstacle avoided along the torCommittee: Within the last turous path to practice. Many 26 years? Applicant: Yes. a fledgling advocate's joy is deflated when the inevitable Committee: Well then what evolves into reality: the con- on earth are you waiting for, frontation with the Ethics Com- the evening train!? Spit it out, mittee! Determined to find man! Applicant: You see In not more ghosts and skeletons than ever seen on Halloween, exactly sure how much this exacting scrutinization begins. will jeopardize my A recorded transcript of ah chances... Ya ethical proceeding is provided see... well. when I was nine below to give you an idea of I got made at my parents and chopped them up with an axe. what to expect: Committee: Why? Applicant: Well, they asked Committee: What is you me to go to church and I didn't name? want to go. Applicant: Joe Ego, sir. Committee: Do you know Committee: And so you performed this hachet job without why-you're here? Applicant: No exactly. further provocation? Applicant: They demanded I Committee: Do you know go, started ,yelljng i and then the purpose-of this review? Applicant: Not really. they pulled the sheet off my Committee: The purpose of bed. Committee:*So then it was this review is to prick you and cut you 'till you bleed, to scare self-defense? Your parents atyou, to harass you, and to trick tacked you and you retaliated you. The "means" used aren't in the only way one so young only the and impressionable knows of consequence result counts. The object is to how. Applicant: I did? air and rehash ail the dirty Committee: Of course you laundry of your life. And at the outset let me tell you that if did. Let us get something you did it we either know straight right here and now. We about it or will find out about are concerned here with ethics. it so it's in your best interests To examine your ethics, we to come clean at the begin- must examine your mental ning. Now, let us being. How state your mens rea your old are you, Mr. Ego. reasons for acting. ExaminaApplicant: I'm 26 years old. tion of your mental processes Committee: And in the last will provide us with insight as 26 years have you done to how you will function as an anything that you were asham- attorney: how you will repreed of, that was illegal, that was sent your client, your bar immoral, or that was fattening, association, and your profesor anything else that you think sion. There is nothing ethically in any way would be of interest wrong about killing. to us at this proceeding? Applicant: Really? Committee: What we want Applicant: Excuse me, sir, but isn't this question overly- to know is how your prior conbroad and somehow an duct will affect your future acabridgement of my fourteenth tions. .So what else do you amendment right of Due Pro- want to tell us about your life. cess? Applicant Weil... I bombed Committee: Mr. Ego. As to a legal clinic a little while ago your substantive knowledge, it because they were taking was supposedly tested on the business away from a promibar exam and is irrelevant at nent attorney friend of mine; this proceeding. As to any as a matter of fact, he was the rights you think you may attorney who got me off on the when you deal with murder rap. the Bar Association you forfeit Committee: That's good to loyalty is a very imthem all. We are solely after know the truth here, no matter how portant quality. Finks should scuzzy it may be, and this be strung up by their (expletive righteous goal exonerates us deleted). I'm surex you've from any suffering and seen Serpico. Tell us more. Applicant: And I'm totally humiliation we may cause. How could you have sat opposed to legal advertising through three years of legal and legal clinics.. I mean, imlectures without realizing that agine, if this keeps up we may the "ends" always justify the end up with socialized legal "means"??? WE ARE THE services, and. ETHICS COMMITTEE!!! Committee: Yes... yes, go And if you don't like the 0n... — . . _ . — • . — — — ' . — . Opinion February 6 1981 .. . Applicant: And pardon me for saying so, but I think theoretical ethic courses should be banned from the law school curriculum. They're a total waste of time everyone knows the ethics taught in school and the ethics of the legal practice are worlds apart. In our adversary system the client must come first. This fiction of the attorney having a dual role as an "officer of the Court" must be ended. I mean, it shouldn't matter what dirt you know about your client your job is to be his advocate, his mouthpiece, his friend. The only ethical consideration should be whether your client can afford to pay for your serApplicant: Well. Wall vices. You know, it's obviously unethical to defend someone Street is my first choice. I'd for free. I mean, what about like to stay as far away from the American way! and. reality as possible. Some peoCommittee: You probably ple say that law-in-action is imown an American car built portant, but I don't but that for with American steel that you a minute. If I can keep my nose bought with the allowances buried in research stacks for a you saved. couple of years, or anywhere Applicant: Fifty cents a else the senior partner wants, week does add up when you inI'll have a good chance of vest in the oil corporations! becoming a partner without Committee: One more ques- ever having to deal with the tion, son. What are your career riff-raff and down:and-outs who come to us for help. plans? — — . . ~ . and. . — Committee: Stop son you've said enuf. I like your style and you've passed review with flying colors. I just wish all attorneys practicing today were as ethical as you. You'll be an asset to. the profession. Thanks for your time.'" (Again, in a barely audible transmission, "I think Justice Rehnquist has a clerkship let's recomopening up mend him"!!) — Pep Talk Peperone's Puckish Predictions by Joe Peperone With football finally finished with its longest season, Buffalo fans are finally getting interested in the Sabres. The great Buffalo Bills season, coupled with the ridiculous NHL playoff system, which renders the regular season almost meaningless, have caused many fans, including myself, to ignore hockey until now. Unfortunately, for a while, it looked as though the Sabres felt the same way. The team struggled through October; and in December and January accumulated an amazing eight knee problems most of the season. Even without including Perreault and Martin, the rest of the team has accumulatedmore missed games this season the roster. Of course, some of these players- will: return to Rochester or their junior teams than the whole team.fli«Li4ast-H*wh«n Perreault and Martin season. return to actibn, but others Since December 31, the have won their way onto the Sabres have only lost one Sabres and will stay. One thing Bowman is commitgame of their last eighteen. fs clear What can their success be at- ted to youth for the Sabres' tributed to? Some observers future. Since a crew of exbelieve it is the resurgence'of cellent players, who are provAndre Savard, who is having ing the strength of the Sabres' the best season of his career. scouting system by conOthers point to the goal pro- tributing both goals and enduction of the defensemen, thusiasm to the Sabres' 1981 especially John Van Boxmeer. success. As for the rest of the NHL, it I believe, however, the answer is youth. Slowly, but surely, the would have to be said that the Sabres are changing the face' St. Louis Blues have been the of a hockey team which has major surprise of the season. undergone few personnel Counted out of the playoffs entirely by some pre-season prochanges in the last six years. In the last year and a half, gnosticators, the Blues are the Sabres have traded or challenging for the top spot in released players like Rene the league. The major reason Robert, Jerry Korab, and Rick for this reversal has been the Dudley, all who were keys to play of second year goaltender their success in the 1975 Mike Luit. Luit has singleStanley Cup finals.and over the handedly won games for the last five years. General Blues with his acrobatic saves Manager Scotty Bowman has and inspiring play. The fact brought in youth, and the that St. Louis knows they are Sabres are now at a point strong in goal has enabled the where more than half the wingers to concentrate on players on their game roster scoring, rather than defense, were not in professional and Wayne Babish is one who hockey three years ago. responded with 41 goals to ties in ten games. The ties were extremely frustrating to the fans, as most came in home games against weak opposition, and much complaining was heard from the 100,000 or so hockey experts residing in the Buffalo area. But now in February, the ties have stopped, and the winning has begun. The Sabres are now threatening the New York Islanders and the St. Louis Blues for the number one spot in the league standings, and are leading the league in the Vezina trophy race. Perhaps the most pleasant surprise about the team's recent success is it has occurred Players like Alan Haworth, all-time Gilles Hamel, and Olympic while the number one and number two star Mike Ramsey have replacscorers have been out of the ed the veterans, stuck with the lineup with injuries. team, and become key perGil Perreault and Rick Mar- formers. When Hame) and tin have lost a total of fifty Haworth were both injured a games due to injuries. Per- few weeks ago, Bowman reachreault was tripped while on a ed down to the Sabres' farm breakaway and. crashed into a team in Rochester and the. goalpost in a game against team's, drafted underage Washington, cracking three juniors and called up J.F. ribs. Martin has suffered from Sauve, Rob McClanahan, Steve . Patrick, arid Mike MolJer to fill — ' date. Another pleasant surprise has been the consistency of Los Angeles. Always a fast staring team, the Kings have kept up their winning pace all season, keeping a good Mon- treal team confined to second The Kings can thank their "Triple Crown" line of Dionne, Simmer and Taylor for holding off Montreal, and the rest of the league! place. �100 Days by Andrew Thaler and Lee Berger Rooties Pump Room, always known for its fine chicken wings and ice cold beer is now also known for its wild parties. The 100 days to graduation party Thursday night was a great success. The evening began with free chicken wings a la Rooties. In addition to the chicken wings there was an unlimited supply of beer throughout the night, which certainly aided putting people into the party spirit. The crowd started to arrive on the scene at about 9 pm, and the last did not leave until close to 4 am. the Although party celebrated the 100 days til this year's seniors graduate, that did not stop first year students frqm celebrating the 830 days til their sentence is up, and we all know there will be no parole. The dance floor was calm early in the evening, but was hopping by the time the Dean arrived. The Dean shocked everybody by crashing the party dressed "in fee tail." Professors Joyce and Delcotto showed they are as capable on the dance floor as they are in the classroom. Some people entertained themselves t on foosball, while others plucked quarters in the video games. Many just enjoyed socializing and simply having "good clean Botz Frank and Berger m. Lee by phot s fun." Overall, the party was a welcome alternative to the fast pace of the law school semester. Jessup Competition Commences by R.W. Peters This year's Jessup Moot Court team is comprised of five members. They are: Nancy Bridges, Caitlin McCormick, Boris Palant, Ralph W. Peters, and Robert Schultz. The Jessup Competition will be held at the University of Pittsburgh this year, with the first orals beginning February 28. The Jessup is an interna- tional law moot court competi- tinental shelf area. Extensive tion. It is named after the legal research was done by the noted international jurist of that name, and is conducted yearly. The competitions are sponsored and hosted by participating law school international law societies. The subject of this year's problem is delimitation of offshore boundaries and the consequent apportionment of con- team over the winter break so as to meet the mailing deadline. The team will be conducting practice orals in the later part of February, and would ap predate volunteers to serve'as judges. Those interested should contact Ralph Peters or Cheryl Oseekey by leaving a message in O'Brian Room 604. Gastronome Is Captivated By Kenmore Cuisine by Roseanne Berger After a long, hectic day, a well prepared meal in a pleasant restaurant can be a rejuvinating and nourishing experience. The Hourglass Restaurant on Kenmore Avenue is an excellent place for such a meal. The atmosphere is not reminiscent of a Turgeon Brother's authentic reproduction or a decorator's avantegarde high tech creation. The restaurant is simply a comfortable room with white clothed tables, subdued lighting and carpeting to minimize noise and facilitate conversation. On first glance, the clientele may appear as conservative as the decor. Customers have been patronzing Terry Bechakas' restaurant for approximately thirty-five years. This is a tribute to the culinary art of Jim Friejey, Willie Singleton, and Carol Fenton who are the chefs. Bar Review Utilizes UB Facilities cont'd, from page one added, "If the SBA wanted to control this (the bar review), they may." The BRC is now taken by 14,000 students in 14 states each year, with sales of more than $4 million in 1980. BARBRI reports that it has more than 16,000 students in 35 states and that the year's sales are expected to total more than $10 million. review courses increased pressures on already burdened students. Josephson said, "I think they're absolutely right; I think it's outrageous and unprofessional." But, he added, "I have found we needed it to survive if your competitor is doing it. I would love nothing better than for the law schools to say, 'Look, clean up your act, .don't advertise on campus, sell to seniors only in your senior year, and leave the In a recent New York Times students alone." Stan Chess of BAR-BRI article, Michael Josephson of BRC was asked about charges disagrees. "Both Michael that the promotion of bar Josephson and myself come to the law school, we talk one on one with the student, we ex- Dinner usually begins with vegetable; the latter oftencomplimentary h'ors d'ouvre times with a Greek flare. such as mussels in a delicate No matter how satisfied or cream sauce or a light puff of hurried to return to the library corn fritter with maple syrup one must stay for dessert. To While enjoying this, one can leave the scene without samplperuse the menu and select an ing those gossamer confecappetizer from a variety of tions would be negligent, if not homemade soups or spinach criminal! They are all prepared pie. on the premises by Jim Entrees range from delec- Bechakas Your choice should table lamb chops and steaks to be whimsical because they are liver and onions to an exten- all equally delectable. I highly sive selection of fresh seafood. recommend, if available, the The emphasis of the cuisine is pecan cheesecake, a creamy on simple, well-prepared delight laced with finely chopdishes. All meats are cooked to ped pecans which lend-a nutty the customer's specifications. flavor to the cake. Those of Seafood, which often includes you obsessed with tortes will 3 or 4 types of fish, scallops, or not be disapointed with the— shrimp, can be broiled, baked Hungarian, a rich chocolate or sauteed as desired. I highly cake with cherry fudge filling. recommend the stuffed sole or Most desserts are graced with haddock which is filled with a dolop of fresh whipped succulent morsels of shrimp in cream which seems to clear a light cheese cause not at all the palate for the next flavoroverwhelming or heavy. And ful bite. » for those still concerned with The price range of the menu academic performance, may I is from $8.75 and up. In brief, suggest the brains, always a for a respite from the grind, a plain things and people generally make their decisions over a long period of time." Mr. Wallin said that this situation has been going on since the law school moved into O'Brian Hall. Mr. Dahlberg said that the Office of Facilities Planning would check further into the matter. He concluded by comparing bar review courses to ice cream, commenting, "We favorite. would not approve of Good Entrees are complimented Humor trucks either." by fresh salad, potato and '•'■'■'-■fV-A taste of the sublime, and a fair price go to the Hourglass. I rest my case. February 19,1981 Opinion 7 - �Capital-Case Lawyers Find Practice Hard Going - CHICAGO, Jan. 23 The article of the February Student number of prisoners on death Lawyer, a publication of the rows across the country is American Bar Association. She notes that these lawyers growing and so are the problems that face lawyers who look forward to the time when specialize in capital defense. public opinion once again "No matter how you look at turns against capital punishit, capital defense is not a cozy ment, influencing state corner of the legal profession. statutes on the death penalty. The clients are from the wrong Until then, these lawyers conside of the tracks. The money centrate on litigation and apis poor. The emotional toll is peals, educational programs great. And, with an even more for attorneys new to capital conservative public becoming defense work, and public inforincreasingly fearful of crime mation campaigns. and violence, the stance is no The NAACP, sponsor of the longer popular," writes Faye National Defense Fund, is the Hamby Goolrick in "Counsel leading national organization for the Condemned," the cover* involved in litigation against capital punishment. Its ultimate goal is to show the Supreme Court that the application of the death penalty continues to be discriminatory and racially-biased, contrary to the Court's 1972 ruling in Furman v. Georgia that such application violates the Eighth Amendment prohibition against cruel and unusual punishment. In the meantime, it handles cases that are the furthest advanced when no one else is available to assist the prisoner in his defense. Jack Boger, a staff attorney with the National Defense Con Law Scholars to Depart of my experience here has been the acceptance by the students from the time I Hyman said. As for the future of the con- came." He felt students here stitutional law department are "critical of the curriculum" with the departure of Hyman and the legal education they and Mann, Professor Hyman receive and that this helps the did not feel the quality of the law school improve. Article XV of the Policies of department was in jeopardy. Hyman felt Alan Freeman, a the Board of Trustees states new addition to our faculty that mandatory retirement knowledgeable in constitu- must occur when faculty reach tional law, was "extremely the age of 70. Though excepwell qualified," and that tions on a yearly basis are Freeman, combined with Pro- possible upon filing an applicafessors Wade Newhouse and tion; they must be approved by Lee Albert, will make a "very the Chancellor of SUNY and, strong team." Mann believed said Dean Thomas Headrick, himself not in a position to "are rarely granted." The only comment about the depart- person from the law school ment, not knowing enough who routinely receives a yearly about Mr. Freeman. extension is Judge Charles DesIn closing, Professor Mann mond, the retired Chief Judge commented that "the highlight of the New York State Court of cont'd, from page one . Appeals. Professor Hyman, now 71, received a one year extension last year based primarily on his "versatility as a professor," said Dean Headrick. Alan Freeman had not at that time been hired, and furthermore, Hyman was needed to teach Torts to the first year class. Hyman has applied for another one year extension, this time to teach in a parttime capacity. Dean Headrick felt there was less likely hood of this extension being granted as the shortage of professors to teach first year courses has been alleviated with the hiring of new faculty members. Professor Mann has not, as of yet, applied for an extension for the 1981-82 academic year. Fund in New York role in preparing attorneys for capital defense. The author cites the State Office for Public Advocacy in Frankfort, Kentucky, which runs a "death penalty task force" to assist public defenders throughout the state in defending capital cases. Also in this issue of Student Lawyer, Grant Pick writes about a Chicago center that City, ex- plains: "You've got thousands of cases at the pretrial level, hundreds at the trial level, dozens at the state appeal, and fewer and fewer the closer you come to execution. Our nation has been to work backwards, to make sure that the cases that are furthest advanced are covered." Many attorneys believe that one of the reasons for the imposition of the death penalty is the quality of legal counsel. In order to remedy this, the Team Defense in Georgia and the Southern Poverty Law Center in Alabama concentrate their work at the pretrial and trial levels to guarantee adequate trains handicapped people to be independent in his article "Helping the Handicapped Help Themselves." Moira Griffin, in "Service with a Smile," looks at the work of a Vietnamese attorney who now practices in New York and participates in public interest programs to assist immigrants. The issue contains Student Layers's annual listing of .summer law programs abroad, along with a story by Deirdre Shaughnessy Alfred on international law practice. Student Lawyer is the monthly publication of the American Bar Association's Law Student Division. courtroom representation to poor and black people. "If you never get people sentenced to death then you don't have to worry about the death penalty," director John Carroll of the Law Center ex- plains. In addition to these private programs, some public defender offices take an active Appeals Judge Wachtler Demonstrates His Chutzpah Wachtler, in a .letter to Boston's eccentric lawyer Miles Zatkowsky, disagreed: "It would have been chutzpah if you broke the windshield and put it on the front seat" As for Zatkowsky's resume, peals. the Judge reportedly filed it in his glove compart"It's unorthodox," the note away read, "but I figured a little ment! chutzpah couldn't hurt." Court of Appeals Judge Sol Wachtler has chutzpah\\\ Returning to his car recently. Judge Wachtler found under his windshield wiper the resume of a lawyer looking for a job with the Court of Ap- ... SPRING MIXER Sponsored by SBA Social Committee • Saturday February 18,1981 •:!© p.m.-l:10 a.m. at Three Coins Banquet Room Niagara Falls Blvd. $ 1.00 for Law Students $5.00 for Guests ALL the liquor, beer and soda you can drink* after 1:30 drinks are $ 1.25 FREE Cheese, crackers, wings, potato chips, pretzels/~^a tggm Music provided by The Three Coins DJ. /l*S?5B Xr *i / _ j_YouA *tJ»»t A-p. r / Note: Please park across the street in the K-Mart parking lot. Ties are requested. [mmttf^A,yTyl \ fm S -A %\^/ \ LftU j \\ \ £mtl6._ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-02-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/19/1981 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:50:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f1364882c8556d449bc3b55f57a98a31.pdf cc2a80c335962d3cc4bdd80707ba5360 PDF Text Text Tuition Hike Contemplated by University Trustees by Marc Ganz sources, the trustees are opting for increasing tuition levels. According to local and One trustee reportedly said to Albany sources, ÜB's tuition N student representative Jim .level will most likely increase Stern, "We can't ask for handr $•300 to $600 per year. UB Law outs every year." The trustee School's tuition rate is the was referring to going to the highest among state supported New York Legislature to ask for law schools in- the United additional funding allocations States. Students have other ideas. SUNY trustees, meeting on Student. Bar Association PresiJanuary 28th in Albany, dent William Altreuter has reportedly were presented formed a committee to inthree options by Chancellor vestigate and organize a camClifton Wharton. Two options paign around the tuition hike involved severe cutbacks. The and SUSTA deletion actions. trustees rejected faculty cut- The campaign will center backs and are faced with around a letter writing cameither asking the Legislature paign followed by personal for more money or increasing visits to legislators' in Albany and fees. According to and Buffalo. Several local including Student Association of the legislators, State University (SASU) Assemblymen lohn Shefferfß.. - Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 Williamsville) and William ty system. The law school has Hoyt (D., Buffalo) have inmaintained a high enrollment dicated they are presently op- level and his contributed to posed to a tuition hike within the general growth of the UB SUNY. area. This, combined with imminent opening of a second However, the SUNY Board financed law school, may of Trustees make the final state help the SUNY decision. There are currently trusteesconvince to maintain the curtwo local trustees: George Colrent tuition schedule. Opposlins, a local physician, and Ating this argument are both torney Arnold Gardner. Other Division of the Budget and persons who may lend help in SUNY officials who conclude the tuition fight include members of the UB Council. the professional schools should pay part of the increasSeveral prominent attorneys ed tuition charges and thus all serve on the Council including: increase their fees in an Chairman Robert Millonzi, M. should equitable fashion. This logic Robert Koren and Ms. Rose prevailed in the 1978 tuition Sconiers. year as the law school's tuition UB Law School has several rose sharply. advantages over other This year history will repeat segments of the State Universiitself. For the past four years, , Opinion tuition has increased in alternative years which coincide with non-election years. So, don't be surprised if next year, you get an envelope in the mail with a larger bill than you got this year. Unless "students get out their Albany suits," according to one noted law professor, an increase is in- evitable. When asked for comment concerning the rumored tuition hike. Dean Headrick stated that "a small tuition hike.is inevitable considering the costs to the University and inflation in general." But he added that he thinks a $100-$l5O per year tuition in- crease is the maximum the trustees, should SUNY consider. v , Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "On/y the apathetic have no opinion ..." Volume 21, Number 6 State University of New York at Buffalo School of Law February 5, 1981 Bell Awaits Tenure Decision as Breger Ponders by Edward M. Sinker knowledge," reported Headrick, "Breger is not going According to Dean Thomas to seek tenure for personal Headrick, Professor Marshall reasons which he did not Breger has received a "non- elaborate on." binding, advisory vote" from Breger will be on leave this the Promotions and Tenure semester to the Bar-llin UniverCommittee as to his candidacy sity Law School in Ramat-Gan, for tenure. "To the best Israel. "I'm out of the picture," of my Breger said, I return from leave. I haven't decided whether or not to request the faculty to consider me for I have until December of 1981 to make a decision, and I expect to decide over the summer." "I've gotten a lot of advice," explained Breger, "some for tenure. tenure, and Dean some against. Headrick and others have spoken with me on the matter. Since I have no specific knowledge as to the details of the advisory vote, I cannot comment on it." The first-year Ethics course, which Breger directed, will conclude the semester without Baalen Guy Van faculty member's Professor Marshall Breger, despite Dean Thomas Headrick's remarks to guidance. "The course will the contrary, says he has not ruled out tenure consideration. finish with teaching assistants meeting in small groups," ad- RobeYt Rossberg's office. "The Promotions and Tenure mitted Breger, "so as to ac- law faculty, at the request of Committee and presently commodate my leave to Bell," said Headrick, "has awaits the Vice-President's voted on the tenure issue at a evaluation. "Things are just Israel." on-the-record too murky right now," Professor Richard Bell, secontr meeting." explained Bell, "for me to be for presently being considered Professor Bell reported a able to comment on anything tenure, is awaiting a determination from Vice President unfavorable vote from the regarding my tenure here." any Frank Bolz Professor Richard Bell awaits a tenure decision from President's crffice.' Vice Health Hazard Suspicions Over Room 112 Allayed by Steve Gabor and Ralph Peters ' -Guy Van Baalen Professor Barbara Blumenthal says she is happy with the administration's response to the asbestos issue. Suspicion of the presence of asbestos in the ceiling of Room 112 O'Brian prompted Professor Barbara Blumenthal to request that the meeting place of her corporations class be switched to Room 106. "It was mostly out of concern for the healthy of my students and myself that I asked Mr. Wallin to make the change," Blumenthal emphasized. "I didn't do it to start a crusade but my suspicions were aroused when I noticed the similarity of the roof covering in Room 112 to those known to contain asbestos. Ad- I think the building for Facilities Planning. The letter advises the Dean that the potential harmful effects of material used on the ceiling is asbestos were known." called "MONO-KOTE", by the firm of "I'm happy with the ad- manufactured Zonolite, Inc. Literature proministration's response and by Neal indicates an have no objection to teaching vided of asbestos in the ceilabsence in that room," Professor ing preparation, but does not Blumenthal stated. When reminded of the general specify the ofexact chemical composition the compound. distaste for the room by The Environmental Health and faculty alike students Office is currently Blumenthal responded that the and Safety on a complete alleged "Purple Pit seemed working of the analysis material all right to me but for the coating, and should have the of possibility asbestos." results by the time the Opinion A clarifying letter has been goes to press. Neal states he is" received and distributed by "comfortable that theasbestos Dean Thomas Headrick from determination will be Jqhn A. Neal, Vice President negative." ditionally, was, constructed before the �President's Corner Opinion Vol. 21, No. 6 February 5,1981 Matters Arising Since Finals I government like the SBA, and suppose that there is really nothing that can be done about the encroachments the Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel Marc Ganz Ralph W'Peters Lee Berger Frank Bolz Business Manager: Jim Kraus Staff: Bill Altreuter, Alan Beckoff, Doric Benesh, Peter Bergenstock, Steve Gabor, Laurie Gross, Joe Peperone, News Editor: Feature Editor: Photo Editors: Mike Rosenthal Contributors: Howie Berger, Frances P. Bernat, Linda Cohen, Joyce E. Funda, Pat Jayne, Marty Miller, Karen Spencer, Andrew Thaler, Alison Webster, James J. Wilder ; © Copyright 1980, Opinion, SBA. Any republicationof materials herein Is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion Is a non-profit organization, third-class postage entered at Buffalo. NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo Editorial An Open Letter to the NY Legislature Governor Carey's 1981-82 executive budget does not contain funding for SUSTA, the financial aid program that helps certain students go to the State University's only law school. The New York State Legislature should consider the following: a) Over one-quarter of the UB Law School student body receive maximum tuition assistance through the Tuition Assistance Program (TAP) and therefore are eligible for SUSTA payments. b) The SUSTA program is an integral part of the special law admissions program, which is geared towards economically disadvantaged law school student applicants. Many persons, including Law School Dean Thomas Headrick fear that without SUSTA, the law school will provide legal training for only affluent law school students. c) In 1980-81, New York State, via SUSTA, gave eligible law students a $1200 credit towards the law school tuition of $2200 There are strong indications of a tuition increase for 1981-82. d)~The New York State Division of the Budget (DOB) rationale for eliminating the SUSTA program does not take into consideration the larger financial needs of law students as com- pared to undergraduate students. The reason the DOB offers in defense of SUSTA's demise is that undergraduates attending the City University of New York (CUNY) are not presently eligible for SUSTA payments, since SUSTA is unique to the SUNY system. The hatchet wielding budgeteers cut the SUNY undergraduate and professional students in the name of supposed parity in public higher education. In other words, if CUNY can't get something, parity demands cutting SUNY. It just doesn't make sense. DOB's rationale does not take into account the plight of the law student without adequate financial resources. No where in the written justification is there substantive reasoning for discontinuing the essential SUSTA program at UB Law School. If the DOB officials have problems with the SUSTA program at levels other than the law school, it might be preferable to separate the two distinct financial aid programs (law school and undergraduate). The undergraduate SUSTA program is mainly designed for five-year program students, while the law school SUSTA program is for all qualifying students. The law school SUSTA program has been funded for a number of years, and DOB has failed to show any cause for eliminating the law SUSTA program. Finally, it appears odd that at the same time Governor Carey is deleting essential financial aid from UB law students, he also is approving a first instance appropriation for planning at the infant CUNY law school at Queens College. Is the Governor scheming from the start to take from one state law school to enable the other school to prosper? We hope the New York State Legislature will see the need for continued aid to economically disadvantaged law students. The DOB clearly has another target (undergraduates) in mind, but unless the legislature acts, some law students will get hurt by mistake. Opinion February 5, 1981 2 llOllllClO organization makes on one's personal life. It is unfortunate v that we are soliciting your opinions, and stress that the committtee feels that it represents the law school at large, rather than each committee member representing his or her own specific constituency group Please feel free to approach any of us with remarks. when these difficulties cost us an individual with Marc's abilities. Our new treasurer, Joe Ruh, ** * i is aware of course, of the prohis during blems Marc had Dean Canfield is currently tenure, and is confident that v by with the SBA to try to working On the Bill Altreuter be with. dealt they can basis of his confidence, and institute a system of Academic Frankly, I think This week's column is going to my own assessment of Joe's Advisement. idea is an that merits reputation), his this (and lot talents hapscattershot: a has I be pened since the finals crunch am likewise confident that serious consideration for at least two reasons. First, there's started last semester, and I Marc has been ably replaced. little enough advisement going wouldn't feel right about leton here at the moment, and ting it all go by without com* * * this results too often jn people ment. University practice dictates merely drifting from course to Last semester's resignation that the deans of the colleges course and ultimately out into by our treasurer, Marc Ganz, be evaluated periodically. The the cold world. Secondly, one was unfortunate on two levels. review process is conducted, in ofthe things I discovered when We will miss his expertise and part, by committees consisting I ran for this job was that peohis willingness to work a pro- of faculty, students, and staff. ple were generally unhappy blem all the way through. We This year is our Dean's turn, with the quality of faculty/stuare disturbed more because and the committee, consisting dent relations. A program of the reasons for his resignation of Professors Joyce, Lindgren faculty advisement would go a Audrey long way towards improving Halpern, are manifestations of the proand blems which underlie the Koscielniak, and Dana Cowan, the rapport the faculty has organization and administraCaitlin McCormick and myself with the students. If anyone tion of the SBA. Personality is now in the process of gatherhas any thoughts on this matdifferences and frustration ing evaluative material. I'll be ter, contact Bob Shaw, Julie over others' seeming lack of devoting another column to Rosenblum, or me, and we will this process in the future. For see that your ideas are concommitment are inevitable occur.ences in a quasi- now, I'd like to make it known sidered. Concerned Students Assail November's Placement Listing To the Editor: individual human beings at all stages of biological developWe are writing this letter in ment." Their ideal bears heavoutrage at a particular listing ily against women. Seven out of ten women, in Placement's Newsletter of Nov. 14, 1980. Placement in- who require abortions, will dicates that a Summer 1981 In- have an illegal abortion if it is ternship Program is being of- outlawed. This past summer, fered by Americans United For' the US Supreme Court, in LifefAUL Legal Defense Fund). Mcßae, virtually signed the AUL, we suspect, is part of a death warrant for poor women. small, well-organized, and The majority upheld the conwell-financed sector in this stitutionality of the Hyde country which has stepped up Amendment which denies the their attack on women's right use of Federal Medicaid funds to choose. for abortion. Justice Marshall, The New Right is composed in his dissent, predicted that a of many of the same faces as significant increase in death the old right; for example, the and permanent health damage John Birch Society, the Conser- for women would result vative Party, and Young because women would turn to Americans for Freedom. The back-alley butchers or antinew twist is that it has placed quated "home remedies". the ideal of motherhood ahead While abortion programs are of its militarist, racist, and anti- being cut off, federal dollars pay for 90% of the cost o_f labor programs. Their anti-abortion strategy Medicaid sterilizations. has resulted in a coalition comThroughout the country, poor posed of Evangelicals, anti- and mihority women are feminist and anti-homosexual sterilized because of threats or groups. The Catholic Church fear that medical and/or social has'also been a powerful force services will be taken away. If which the New Right has utiliz- abortions are no longer an oped. The Church has been active tion for poor women, then in, and been providing much sterilization abuse will confunding for, the anti-abortion tinue to increase. campaign. President Reagan and other The Right, no doubt, views conservatives are promoting the Nov., 1980 election results, passage of a Human Life which brought large numbers Amendment to the Constituof conservatives into Congress, tion. The Amendment would as a sweeping validation of essentially declare the fertiliztheir policies. They claim to ed egg and a pefs6h~\o be represent, as the Placement equal under the law. Such, a Newsletter indicates, "the concept is unprecedented, and ideal of guaranteeing through would make abortion tantathe law the civil right to life of mount to murder. In addition, contraceptives which- may work as abortifacients would be outlawed. The illegal abortion death rate would be outrageously high because women may not seek emergency health care in cases of a botched illegal abortion for fear of criminal prosecution. The Human Life Amendment is a threat to all women. To our knowledge AUL has not had any prior listing in the Placement Newsletter. It is not too surprising that they are confident enough, in light of the upcoming administration in Washington, to utilize a State University .service. It is imperative; that Reproductive Rights work continue in light of increasing oposition by the Right. The New Right espouses a very traditional view of the family, with rigidly defined sex roles that paternally subordinates and oppresses women. Women must have control of their lives and of their bodies. Women must control the uses to which their bodies are put in the spheres of-production, reproduction, and sexuality. We must work towards these ends; remember, our lives are at stake. Fran Bernat JoW. Faber Peter Kaplan David Nelson Betsy Broder Alice Weiner Francine Bruno Amy Jo Tricano Kathy McDermott Katherine Edgell �New Blood Viewed Necessary for BLP Survival by Joyce E. Funda BLP are third year students students will be included as a who will receive three target group largely due to the Plagued by a shrinking academic credits for the suc- comprehensive nature of the membership and the apparent cessful completion of three restructured Research and inability to meet project semesters of involvement in Writing Program. deadlines, the Buffalo LegislaBLP projects. However, unless tion Project (BLP) faces an the current projects are comuncertain future. pleted, and it seems doubtful Managing Editor Jeremy that all of them will be, these Nowak, a third year student, students will receive no credit presided over a sparsely at- for their past participation. tended meeting of BLP on Another factor contributing January 22, 1981. The seven students present were urged to to BLP's troubles is the revocaby Pat Jayne return previously requested tion in June, 1980 of academic credit for BLP activity. A project questionnaires, apDuring the next month three parently in an attempt to meet memorandum from Dean Thomas teams sponsored by the Moot Headrick to E. the impending deadlines. Moments later, Nowak sug- Academic Standards and Court Board will compete in gested the possibility of Standing Committee cited the National Competitions. The discontinuing BLP due to a basis of the' decision as "a law school will be represented quality control problem which in the Niagara Cup Internalack of interest. improved, but in the eyes tional Law Competition by the Nowak's call for comments has team of Tom Eoannou, Tanya or suggestions was greeted by of many faculty, not sufficientwho ly." Harvey, Joel Kurtzhalts and were involvStudents silence. ed retroactively were allowed Ruth Pollack. In an action project pareditor, A ticipating in BLP for a third to complete their projects for before the International Court semester, cited poorly defined academic credit. BLP was in- of Justice, they will argue to apply for reinstateabout reparations due for a projects as a major source of vited frustration. The projects are re- ment as a student run hostage taking and attempted quests for research from spon- organization eligible for rescue between the countries of Vinaldn and Maldonada. sors concerning current public academic credit. Student interest-in The Niagara Cup CompetiBLP has policy issues for use in state and local legislative sessions. declined as evidenced by a reduction in membership and Many of the requests submitthe apparent inability to meet are ted by project sponsors project deadlines. vague, resulting in projects bein broad ing expressed overly Nowak announced tentative and, sometimes, confusing plans for a spring recruitment terms. drive to bolster membership. Many of the members of For the first time, first year The Buffalo Public Interest Law Program, Inc. will hold its annual meeting on February 5 at 3:30 pm in Room 108 The agenda for the meeting includes the election of the The editors and associates write and publish an article Board of Directors, amendof the Buffalo Law Review and share in the Review's ment of the corporation's byhave announced an informal editorial and business responlaws, and the creation and stafsibilities. meeting to be held Wednesfing of several committees day, February 18 at 3:30 p.m. in Membership on the Review whose purpose will be to help room 106 to answer questions is determined by a competition facilitate the financing "and regarding the Review and to which includes writing a operation of the organization's describe this year's competi- "modified" casenote and con- programs. tions for Review membership. sideration of the student's BPILP, Inc. is a not-for-profit The competitions are open to grades from the first two corporation chartered primariall first year students and they semesters. An alternate route ly for the purpose of funding are encouraged to attend. to Review membership, the internships in public interest The Review, now in its thir- "write-on" competition, occurs law agencies. Since its inceptieth year of publication, is the in the fall, and consists of suc- tion in 1979, it has provided scholarly journal of the law cessfully completing several SUNY at Buffalo law students school It publishes articles by outlines and two drafts of a with five summer internships: legal professionals and publishable article. Both comtwo in the summer of 1979, students. Student members of petitions will be described at both with the Legal Services the Review are expected to the February 18 meeting Absent an injection of new a sweeping plan for reorganization, BLP seems destined to fade into memory, taking with it the opportunity blood and for students to participate in an experience affording a practical application of legal knowledge and skills to real life issues. Moot Court Eyes Niagara Cup; Mock Trial Competitions Begin - tion was originally started by The competitors include law schools in the United States and Canada located near the Great Lakes. Each year a different law school hosts the competition. This year's host is Wayne State Law School in Detroit. Two teams of Board members and Trial Technique students are competing in mock trial competitions. Cliff ÜB. Barry and Bonnie McArtney are competing in the ABA sponsored National Trial Competition. In the course of the competition they will represent both the state and the defendant in a criminal trial. Ron Zarowitz and Wanda Lucibello are going to the Allegany County (Pa.) Trial Lawyer's Competition in Pittsburgh. They will represent the defendant trucking company in an auto accident case. Their witnesses include the truck driver, Lone Ranger, played by Scott Oakley and State Trooper Dudley Duwright, portrayed by Charles Elefante. Any student interested in sitting as a judge for practice oral arguments for these competitions should check at the Moot Court Board office, Room 8 in the Basement. Public Interest Group Will Hold Elections and Plan Their Future Law Review to Outline Upcoming Competitions Behr Wrestles With Campus Parking Plan To the Editor: INEANDERTH/M- for the Elderly Project and of those to be tapped. three in the summer of 1980, A proposed amendment to with Legal Services for the the by-laws, subject to the apElderly, Prisoner's Legal Serproval of the corporations' previces and the Protection and sent membership, would for eliminate the mandatory Advocacy System Developmental Disabilities, membership fee presently berespectively. ing put towards funding the inFor 1981, the corporation is ternships. It is hoped this will seeking to expand both its encourage participation from sources of funding and the a greater number of both number of internships to be of- students and non-students. fered. To date, funding has The present Board of Direcbeen provided to a great ex- tors consists of Howie Berger, tent by the Student Bar Professor Robert Berger, Jane Association and members of Crosby, Art Hall and Elaine Law Review. Student and Harold. For those interested in faculty contributions have also serving on the Board, the term been received. A coordinated of office is one year, running effort to solicit money from until February 5, 1982. outside the law school is The organization needs people comitted to keeping public presently being devised. Alumni, local law firms and certain interest "interest" alive at this business enterprises top the list school. Please attend. ESQ. coupons, a weakened version of the green stamp. Carpooling I resent very much the plan has strong, built-in economic by which the best parking and ecological incentives, and spaces on the Amherst Campus a guaranteed parking place — isn't going to have, been reserved for car- even the best poolers. This imposition is ob- increase its attraction. This viously the revenge of some plan simply rewards those who zealous and influential car- would carpool anyway, and in unfairly so it poolers who got passed over doing for a Dial soap commercial. discriminates against those The only justification that I who are unable or unwilling to can imagine for it is that it is participate in carpooling. meant to encourage carpoolThis irrational, unfair and ing and hence preservation of discriminatory plan must be natural resources and the halted before it reaches the enphysical environment. This forcement stage, when it will land-grab plan is about the begin to serve a legitimate weakest incentive to anything public purpose revenues for that I have ever heard of, and I the Town of Amherst. include decorator jars and Laurence Behr Brand Names' profit sharing — — ''/ don't understand it! My client insists upon acting like a barbarian. I told him if he really wants to get even, he should plunder the man's cave, but all he wants to do is litigate!" February 5,1981 Opinion 3 �Commencement Committee Plans Unique Events by Doric H. Benesh of months ago. Open to all law students, facility, staff and administration, the price of 'adAlmost one year ago, the mission entitles one to free 1981 Commencement Commit- beer, chicken wings until they tee began working to create are consumed (half-price wings and coordinate graduation ac- thereafter), free soda and drink tivities for students graduating Admission is free for specials. on May 24, 1981. The commityear students who those third are tee members Therese purchased or who do purRahill, Nancy Caple, Patricia have chase a senior ID before Baum, Jayne, Jay Ed Nor- February 12. All others will be thwood, Chris Trapp, Joe charged $4 until February 12 or Peperone, Scott Wright and $5 at the door. be no more than $8. Persons without IDs will probably be charged approximately $12. Dress for the evening is semiformal, black tie optional and all law students, faculty, staff, administration and their spouses or dates are invited to attend. The third activity is a reception to be held on the eve of graduation, Saturday, May 23, 1981, at the new Amherst MarLeslie Wolffe. riott Hotel on Millersport The second scheduled Highway. This reception will After months of meetings graduation activity is a dinner be for students, their parents, and planning, "graduation and dance to be held Friday, friends, faculty and staff. 1981" activities begin Thurs- April 3 at the new Buffalo Lasting from 5:30 pm until 7:30 day, February 12, 1981, with Hilton Hotel. The evening's aca cash bar and free hors the advent of the first annual tivities commence at 7 -pm pm, d'oeurves will be provided. A "100 Days 'Til Graduation with an open cash bar until 8 is expected to string quartet Party. The festivities begin at 9 pm when dinner will be served. entertainment. Admisprovide pm and continue until closing At 9:30 pm, the dance begins. sion to this reception is open at Rooties Pump Room, which Live music will be provided by to all, with or without senior is located on Stahl Road near a four piece ensemble, "LookIDs. The Student Bar Associaincludes Campbell Boulevard. The ing Back." Admission tion will be paying for most of original plans were to hold the full dinner, with wine, and the the affair. of the band. Seniors with party at a different site, but cost Finally, on May 24, 1981, those plans had to be IDs will be admitted at a disrevamped when the first site counted price, estimated by Commencement will be held at was destroyed by fire a couple the Committee at this time to Kleinhans' Music Hall in Buf- falo. Anthony Lewis, author of activities except the May 23 is Gideon's Trumpet and a former reception. The Committee "ad book" to Supreme Court reporter for the also preparing an expenses. If a sufficient New York Times will be the defray number of ads are sold, the the speaker. estimated cost of admission to The work of the 1981 Com- the dinner dance will decrease. mencement Committee is comA second reason the Commendable for at least two reasons. First, the group is mittee should be commended working with an extremely is because of its diligence and limited budget. In the past, cooperation. Never before SBA has provided substantial have such extensive graduation activities been planned. sums of money from an end-ofimportantly, the work of More surplus. year, This the-year SBA has allocated any surplus the Committee has been funds which may have existed thorough and productive. For and has provided an original example, last year at this time budget of only $300.00. the 1980 Committee was still Currently, it appears that SBA squabbling over the selection may add $200.00 to that of a speaker for graduation. budget line, but the $500.00 Seniors who have not purtotal is miniscule in com- chased IDs may db so when parison to the $1,500 SBA the ID and Ticket table are spent on last year's Kissing open outside the law library, or Bridge picnic alone. may contact a committee It is because of the small member. All other students amounts of SBA's contribution and the faculty, staff, and adthat the Committee has had to ministration can purchase resort to selling senior IDs and tickets for individual events in to charging admissions for all the same manner. Target On Again! BRC students had no cause for concern on four of the six essay questions on the July 1980 New York Bar Exam, because Joe Marino, Sr., a virtual legend in New York bar review (with over 35 years of experience) thoroughly analyzed the issues that appeared on those questions during the bar review lectures. BRC's amazing ability to "predict" many bar exam issues is only one of the critical differences that give our students a competitive edge on the exam. Ask a BRC representative for others. brc reps Debbie Decker JayMintzer Ed Northwood fclyseLubin Joy Kindrick Vincent Phillips Dean Emmanuelli Larry Friedman Tanina Liamari Mke Athans _ Eastern Regional Office: 17th Flrw MOOr brOaOWaV, TYtn M Rrnarlwav New York NeW York 10006 A o .n or» 212-344-0100 oh . ci \ 1 I / \\LJy Andrew Cataldo Rosenblum julie Larry Engel Greg Miller Wendy Fechter Mark Ventrome Matt Modica Alan Solarz Glenn Frank ) udy Holender —-mum iflHHßHiiiux— Marino-josephson BRC Opinion February 5,1981 4 nottnqtf �First-Year Student Reviews Course Headrick's Torts Described Innovative Though Confusing by Andrew Thaler approach worked well. The historical approach generally Auto Accidents and Safety, illustrated court shifts in attaught first semester by Dean titude and policy. Automobile Thomas Headrick, was an in- usage, in particular, acquired novative approach to the greater acceptance as a teaching of first year torts. The popular mode of transportacourse, with the exclusive use tion major impact and had a of auto accident cases, analyzed the evolution of the tort on such areas as product system over the past 100 years. liability and the tortThrough the use of the negligence system in general. automobile, which accounts The excluseive use of for the majority of torts prior automobile cases, however, to no-fault, the basic concepts caused many students to lose of tort were taught. The course interest in the extensive case offered a prime opportunity to materials. Despite assurances study the history and by the Dean to the contrary, legislative policies of the many students feel that they automobile and its effect on have somehow "missed out" tort-negligence compensation on a real torts course. In parmodels. The hope was to give ticular, students are concerned an in-depth and complete view over their general lack of of the tort system. Initially, this knowledge of intentional totst, especially when confronted with it in other classes. Perhaps cases not involving automobiles would have stimulated interest and introduced new areas of torts without losing sight of The basic history and problems of tee Berger the automobile. The student was often left Dean Thomas Headrick taught a unique torts course to first-semester confused as to the relative im- students. portance of the readings legislative reforms were dealt credit for his innovative apbecause they dealt intricately with in lecture form. The proach. He was often conwith so many areas. Students topics were not allocated suffi- fronted with the somewhat generally agree too much class cient class discussion time dur- abusive humor of both the time was spent on exercises ing the final days of the faculty and students which unsuch as full-period discussions semester to enable the student fairly reduced the course's of footnoted statutes and not to tie the course materials credibility. The course's sufficient time or preparation together. Many students did greatest faults lie in time on more important and difnot leave with the clear and management and focus, but ficult areas such as the new nocomplete picture the course the basic theory is solid. As fault and uninsured motorist was specifically designed to with all new ventures, some laws. Extensive reading on key teach. polishing and feedback is incost-avoidance models and The Dean should be given evitable. ~ Three New Law Librarians Help to Create a Full Staff by Karen Spencer The Law Library is celebrating the unique experience of having a full staff. Three new librarians have join- ed the ranks since November of last year. Marian Parker is the new Associate Director and Head of Public Services. She was formelry the Research Librarian and Instructor in Legal Research at Duke University Law School from May 1979 to November 1980. In this position she taught a legal research and writing course for first year law students similar to the course taught here at Buffalo. Marian received her J.D from Wake Forest University School of Law in 1978 and her MLS. from U.N.C. at Chapel 1979. . Her Hill in undergraduate degree from U.N.C. at Greensboro was in business administration and economics. Marian's role at Buffalo is to oversee the public service functions of the library including reference, audiovisual, documents, library instruction and circulation/reserve. She is also responsible for collection development and will eventually work with budget and SUNYAB from 1977 to 1980. MLS. from SUNYAB in 1978 Gemma received her M.L.S. and her B.A. in psychology from Columbia University in from SUNYAB in 1976. She was 1974 and a B.A. in History from the Head of Serial Records for SUNY at Binghamton in 1973. the SUNYAB University She is presently working Libraries from September 1978 towards a Ph.D. in Higher until joining the Law Library. Education, specializing in Mary is responsible for mainAcademic Librarianship at taining order over budget, SUNYAB. order and holdings records for Gemma has been actively in- a library which spends nearly volved in the General Educa- 80% of its money on serials. tion movement here at The nature of most legal SUNYAB. She authored the materials requires their conslibrary instruction workbook tant updating pocket parts, which is currently being used advance sheets, supplements, in the English segment of the new editions, etc. Thus, order and recordkeeping to maintain general education program. Mary Miller became the Acthe "living law" present a parquisitions and Serials Librarian ticular challenge and responin January. Mary received her sibility. — Frank Boh Three new welcome additions to the law library are (I to r.) Gemma DeVinney, Mary Miller, and Marian Parkey. Tenure System's Procedure is Exposed by Edward M. Sinker tenured colleagues enthusiastically and overwhelmTo tenure or not to tenure? ingly vote in the affirmative for That is the question on the tenure, the dossier is then forminds of tenured UB law pro- warded to Vice President fessors constituting the Promo- Robert Rossberg, who in turn drafts a letter of recommendation and Tenure Committee. Robert The Committee is thrown in- tion to UB President Ketter. Ketter refers the matter to deliberations upon the reto the President's Review quest of a professorial canBoard (PRB), which considers a tenure deterdidate seeking both Rossberg's and the law mination. University regufaculty's recommendations lations preclude the continubefore reporting back to ing employment of a professor who, after having taught at UB Ketter. Ketter, unless overpersonnel matters. ruled by the Chancellor, has Marian is currently working for seven years, has not rethe final word on granting of a decision. quested tenure on a major legislative history tenure. project which covers federal The Committee, prior to the Any contradictory conclulegislation from 1945-1970. Her candidate's official request for sions between the Vice Presiarticle on reference internships an on-the-record tenure deci- dent, the tenured law faculty in law school libraries will be sion, will meet and cast a nonand the PRB, as to the tenure published in Law Library Jour- binding, advisory vote after issue are resolved by President nal, Summer 19801 Mariart is having thoroughly reviewed Ketter. Dean Thomas Headrick very active in the American the candidate's dossier. The bears the responsibility of dossier will include, for examAssociation of Law Libraries. representing the law faculty's such items as SCATE sentiments to the candidate, ple, Gemma DeVinney joined the reference librarians in ear- forms, solicited student letters, the Vice President, the PRB, scholarly and the President. ly November. She worked in the candidate's commentary by When the non-binding, the Buffalo and Erie County works, and on those faculty advisory vote is against Library from 1974 to 1977 and other legal scholars granting tenure, the candidate as a reference librarian in the works. Should the candidate's has two choices: (1) she/he may Undergraduate Library here at victions." request a binding, on-therecord vote by his or her Should the faculty, at the tenured colleagues or (2) binding, on-the-record second she/he may withdraw from meeting requested by the cantenure consideration didate, ratify its negative adaltogether. The latter choice visory vote and the Vice Presiallows the candidate to move dent concurs with the faculty, on in his or her career without the candidate may be denied prejudice; as the candidate has tenure. The candidate may apnot yet requested a tenure peal both decisions by redecision, she/he cannot be said questing review by President to have been denied tenure. Ketter. "I rarely take an active part "The advisory vote," said Headrick, "serves to give the in tenure meetings," explained candidate some information in Headrick, "but I do vote at which to decide whether he both stages." Votes are cast should seek tenure. I try to via secret ballot. convey to the candidate the "I've watched the tenure central feeling of the Commit- process," continued Headrick, tee." "for over four years at ÜB, for "The advisory vote," com- three years at Stanford, and for mented Associate Vice Presi- six years at a small liberal arts dent for Academic Affairs college. Decision-making William R. Greiner, "represents faculty honestly try to set an attempt to gather some aside personal feelings in an sense of the Committee's feelattempt to objectively make a is no in way binding and decision on the basis of a writings on the Committee." Greiner ten record and a record of peremphasized, "The votes cast in sonal contact with the canthe advisory meeting are simdidate. Personal likes or perple 'yes' or 'no' votes and, sonal ideologies play no therefore, do not convey the significant part in the tenure intensity of a colleague's conprocess." February 5,1981 Opinion 5 �Women's Rights to Abortions Are Jeapardized by Frances P. Bernat 1,200,000 illegal abortions each year prior to its legalizaOn January 22, 1973, abor- tion. Wealthy women were tion was legalized. In Roe y able to obtain illegal but safe Wade, the U.S. Supreme Court hospital abortions in the US or declared that the decision to in countries where abortion have an abortion in the first was legal. Poor women, unable trimester of pregnancy is bet- to pay for private hospital serween a woman and her doctor. vices, faced either childbirth or State regulation of abortion illegal, high-risk abortions. may occur after the first These women utilized lye trimester except when douches, consumed poisons, necessary to preserve the life or injected sharp objects such or health of the mother. In ad- as coat hangers into their uteri. Attempts to drastically dition, the court held a fetus is not included in the constitu- restrict the right to abortion have been reinstated by the tional definition of a person. On the same date, the court Right. Some local legislatures in Doe v Bolton held as invalid have sought to require spousal, requirements that abortions parental, and/or informed concould not be performed sent prior to an abortion. Such without approval of a hospital committee and two licensed doctors. These two decisions legalized abortion on demand. Access to legal abortions has had a troubled, yet relatively young, history. In 19th century America, abortions were performed by midwives as part of their services. gynecological Towards the end of the century, however, the medical profession had grown to a point where male doctors began to usurp midwife responsibilities As part of the physicians campaign to control women's reproductive decisions, they sought legislation prohibiting ALL abortions. To justify their actions they cited unsafe and unsanitary abortion methods which they claimed resulted in greater risks to pregnant women than childbirth itself. One of the first abortion statutes was passed by Connecticut in 1821, making abortions illegal both before and after quickening. After the Civil War, abortion was similarly outlawed throughout the nation. Criminalization of abortion did not stop women from procuring the service. There were an estimated 200,000 to restrictions not only deny women the right to decide, but would delay the date of the abortion and thus increase health risks associated with late abortions. To date these" requirements have been held to be unconstitutional or invalid by reason of preemption. In 1977, the Hyde Amendment became a rider to the reviewing the cost of state HEW Appropriations Bill. The financed abortions for poor amendment has been the focus women. of great debate in both the The constitutionality of House of Representatives and restricting federal Medicaid local communities. The Hyde funds for abortions was upheld Amendment restricts the use by the US Supreme Court this of federal Medicaid funds for past summer. Harris v Mcßae abortion to cases of rape, in- can only be viewed as a major cest or to medically necessary step towards restricting the abortions. The result of the right to abortion on demand. amendment has been to When women lose their right reduce federally funded abor- to abortion, 70% of nearly tions by 98% and, thus, effec1,000,000 women who want tively cut off poor, minority abortions will turn to and teenage women's access dangerous self-induced or ilto safe abortions. legal back-alley abortions. If Many states have followed access to legal abortion is the federal Medicaid example denied then an estimated 250 and have similarly restricted or deaths and 25,000 complicacut off state medicaid funds tions requiring hospitalization for'abortion. New York State is would occur each year. The one of the few states that brunt of these tragedies would maintains state Medicaid funfall once again on poor and ding for abortions. This policy minority women. In 1974, four is currently threatened by out of five women who died Governor Carey's emphasis on from illegal abortions were cutting the state budget and non-white. Many poor and minority women may now be forced to undergo a sterilization operation to avoid unwanted or medically injurious pregnancies. Birth control methods may not prove to be feasible because the most reliable methods present serious medical risks to many women and other methods greatly increase a woman's chance of pregnancy. Sterilization may ideal of motherhood ahead of the Right's militarist, radst, and anti-labor programs. Currently, the anti-abortion movement has been pushing for a Human Life Amendment to the US Constitution. The HLA would nullify the U.S. Supreme Court's Roe v Wade decision. One alarming result of the HLA is that a woman who has an abortion could be prosecuted for murder. Never before has the criminal law equated abortion with murder. be viewed by poor women as the only alternative birth control method. Ironically, 90% of the cost of the operation is The pro-choice movement is paid for with federal funds. more than just a pro-abortion For the first time in history ideology. The movement there is an anti-abortion moverealizes the need for adequate ment that is composed of the daycare facilities, improved Right, the Catholic Church, prenatal and. postnatal care, an Evangelicals, anti-feminists end to sterilization abuse, and and anti-homosexuals. The development of safe, reliable movement has been providing birth control. Women's rights much funding for their cam- include the ability to make paign which has attempted to decisions concerning their prowin support by placing the ductive and reproductive lives. Prison Task Force Unveils Grim Reality of Attica Life by Last Alison Webster semester the Law School Prison Task Force arranged for students to take tours of the Attica Correctional Facility. The tours will be continued this sesmester and all law students are urged to take advantage of this f opportunity. Those who have already taken the tour found exposure to the penal system quite valuable. The prison is located in rural Wyoming County, approximately one hour's drive from the law school. Car pools were organized for the tours and provided an additional benefit unique Frank Boh Attica sits snow covered within, With no outer indication of activity and silent Opinion February 5,1981 6 of enabling students to share therr feelings about what they had experienced at Attica. Students were fortunate to be permitted to see many areas of the institution that most people, including criminal attorneys, are not able to see. Although the small hospital, solitary-confinement building and the major cell blocks were off limits, they did see most other areas of the prison. Students were shown the modern sections of the the prison, including classroom area and the gym. The staff guide was candid in explaining that these areas are to one of theB'xlo' cells to get a sense of what it might be like to be confined. The steel bed, cold water sink, tiny toilet and desk left little room for movement. It was difficult to imagine spending fifteen or twenty years in such a tiny area. During the tour students ninety-minute also saw the metal furniture workshop, chapel, mess hall, "honor" cell block and the small prison law library. In each area we were able to converse briefly with guards and prisoners, who were often candid in their answers to our questions. These conversations were prounder-used due to personnel bably the most valuable shortages and security reasons. aspect of the trip. The Most of the prison's prisoners were very curious as buildings were built in the late to why law students had come 1920's and clearly reflect their there an many expressed a 24 hour occupancy. For a desire to work on projects with number of students the most the students at our school. moving experience was being Most prisoners seemed geled to the sparsely occupied nuinely impressed that wing of "D Block", which was students had taken an interest one of the areas involved durin seeing the inside of the in' ing the 1,971 prisoner uprising. stitution. Most first year students had We were permitted to enter in- -, just completed a semester's class on criminal law focusing on the elements of different crimes and available defenses. Although some time was also spent studying different justifications for punishment, students did not explore the impact of such punishment of the confined criminal. Even a brief opportunity to spend some time behind the walls of this maximum security prison is valuable in gaining understanding into the practical implications of legal punishment. Whether or not law students have a particular interest in criminal law, as community members we have all developed opinions about the present criminal justice system. One of the goals of the Law School Prison Task Force is to provide experiences which will help insure well informed opinions. Sign up sheets for the prison tours will be in the student mail room All are encouraged to participate in this unique experience. ' �King Coalition Will Continue by Laurie Gross anything to alleviate the problem. The Martin Luther King Day In early November, the Memorial Rally Coalition is the Greensboro decision sparked a organization responsible for demonstration by three local the anti-Nazi demonstration groups who felt the Nazi Party which took place in Niagara had been given a green light to Square on January 15. carry on with racist moves: Contrary to what the name Buffalo Against Racism, suggests, the Coalition has Worker's World Party and Bufbeen in the making since long falo Students Against Racism, before Martin Luther King Day. a group based on the State To understand its evolution, it University College at Buffalo is necessary to review the campus. events which were concerning Reagan's election, showing a its organizers prior to that day strong support for the rightand their responses to those wing, furthered concern ofihe events. Coalition organizers. Since last summer, eight "The election created a naBlack men have been murdered in Buffalo. In mid- tional feeling that 60's acOctober, over 250 organiza- tivism had drained away," said tions, which included local Eleanor Dorritie, spokesperson church,, law and teaching for the Coalition. "The media associations, responded to the was acting as public relations violence in forming a Unity spokesman for the right as if it Day Coalition: There were in- were the grass roots feeling, dividuals who felt Unity Day but it wasn't." became a forum for local As an industrial city with political and community high unemployment, growing leaders who were not doing poverty, and tension fostered by the racial murders, Activities Buffalo The Coalition's reply on because the Nazis had no January 1 made the top of the rights," said Dorritie. news. The Coalition went ahead Mayor Griffin's decision to with the rally boasting the 60's December. ban both rallies on the premise slogan "the streets belong to "Visible and vocal response that violence could erupt, was the people." They were to their demonstration was formulated that weekend. He greeted by hundreds of people necessary as a signal to the en- launched a $90,000 campaign running, to Niagara Square to tire country," said Dorritie, to promote the Martin Luther see if the rally would take "we aimed to see that it King Day Rally jn Lafayette place and show their support. wouldn't be tolerated." "The proposed anti-labor, Square. -' The Coalition was banded "There was never a question anti-women, anti-black, and on December 18 and imof planning any form of anti-social legislation has to be provided a fertile climate for the Nazi Party demonstration which was announced in early mediately began mass physical confrontation," said responded to in an affirmative distributing leaflets Dorritie. "The organizers had way and it is the conviction of throughout the city and sur- been involved in the struggle people everywhere that will rounding areas. At that time for civil rights for many years turn that around," she said. the Coalition was in contact and guaranteed that it would The Martin Luther King Day with church and community be safely, peacefully and legal- Memorial Rally Coalition is leaders who "felt that the rally ly carried out in an organized hoping to provide speakers at was a good and necessary fashion." the National Anti-Klan Conthing," according to Dorritie. Following the decision, com- ference which will be held in Less than a week later, they munity leaders threatened Washington, DC. at the end of withdrew support, but comwithdrawal of funding. the month. munity response was conHowever, public opinion and Dorritie said there are no tinually growing and positive. involvement grew steadily and other immediate plans but they will continue in activities On December 31, the Parks significantly. Commissioner granted the "The people were 100% sup- along the same vein because Coalition a permit and a Chanportive. They felt there was no "it gives heart to people in-the same, situation throughout the nel 7 editorial proposed movjustification to oppose the raling their rally to a different sit. ly to go against the Nazis country."^ Carey's Proposed Budget to Eliminate SUSTA by Marc Ganz Governor Hugh Carey's 1981-1982 executive budget request for UB Law School does not include $247,000 for State University Supplemental Tuition Assistance (SUSTA), the financial aid package for the law school's economically disadvantaged students, According to Financial Aid Advisor Jay Marlin x there were 226 law students who received maximum payments under the Tuition Assistance Program (TAP) in and, therefore, automatically received additional financial assistance through the SUSTA program. In the 1980-81 school year, each eligible student received an additional $1200 credit against tuition charges. Marlin stated to a shocked Student Bar Assoc/iation\ also pushing for restoration of the deleted program. According to Janice Fine, Vice President of the student organization, "We're fighting for SUSTA, as part of a package we are asking the legislature to fund." She added, "We're asking students to stage a series of There are indications the actions, including budget hearNew York State Assembly and ings, meetings with legislators Sente will be willing to restore funding for the SUSTA pro- and trustees." At the law school, SBA Presigram. A reliable source in the William Altreuter has dent Assembly said, "If SUNY Cenformed a committee to tral pushes for restoration, we educate the legislature will go along also." In the past, concerning the SUSTA proSUNY Central has been suppor- gram and proposed tuition intive of the SUSTA program, creases. Altreuter stressed he and recently Vice Chancellor wanted the students to work Harry Spindler reaffirmed the with Dean Headrick and the SUNY administration's support ÜBTaw school administration for the financial aid policy cura unified campaign to in ■' rently in effect. restore Carey's budget to its The Student Association of original status. the State University (SASU) is There are indications the assemblage, "Students and administrators will have to work together to try to get the legislature to restore the SUSTA program." The Governor's proposed budget fnust be approved by the New York State Legislature by April Ist. . , ' ' Discrimination in Law Faculties? WASHINGTON, DC. While women appear to be making great strides towards integration into law school faculties, a number of barriers must ■be removed if they are to become full members of the law school community. That is the conclusion of a report by the American Bar Association's Section of Individual Rights and Responsibilities. The study entitled "The'integration of Women Into Law Faculties" was funded by the National Institute of Education and New York Law School. Project members sperit a year gathering information from the faculty, administration and students of selected schools. The attitude of students towards women faculty counterparts." Ashburn pointed out that the students seem more likely to challenge women professors. For example, Ashburn said, "We found women spent on the average 5 hours more a week inxlass preparation, and 5 hours less per week on research and writing despite similar teaching loads." This becomes important, she said, when we recognize the increasing importance of publishing to the advancement of a law faculty member. ' The study also found that presently most of the women are junior faculty members. According to Ashburn, "We don't know the attrition rate of women how many are leaving teaching as a result of this performance pressure.. But we do know that the integration of women in law school faculties is not a foregone conclusion." — members is one serious problem facing women law professors. Dr. Elizabeth Ashburn, director of the project, said, Copies of the study are "Women tend to be viewed as less competent than their male available from the ABA's law school tuition may be inDean Thomas Headrick is creased by as much as $600 concerned about the threatenper year. If SUSTA is deleted, ed financial aid cutbacks the student receiving max- Headrick declared that ''"the, imum TAP award and SUSTA deletion of SUSTA is will pay an additional $1800 disastrous. It opens the risk of per year in tuition charges maaking the school an elitist This may cause many of the institution." in citing that over current SUSTA recipients to a quarter of the law school drop out of -law school receives SUSTA, the DEAN adbecause of lack of financial ded, "The end of SUSTA may resources. Altreuter and mean denying poor persons Marlin are hoping the the opportunity for a first class Legislature will help us out. legal education." NEED RESUMES? Resume Typesetting & Copies Cover Letters 1 Composing ACCU-TYPEsetting RESUME SERVICE 47 Christine Dr. • Town of Amherst. (off Sweet Home Rd.) Section of Individual Rights and Responsibilities, 1800 M Street, N.W., Washington, DC. 200356, (202) 331-2279. , S - 691-7480 Quality Dependability - - Service Moderate Prices STUDENT FEE WAIVER APPLICATIONS are available in the SBA Office Deadline for applying is Friday, Feb. 13 Fee waivers are based on financial hardship! February 5,1981 Opinion 7 �Commentary Method and Purpose of Ethics Course Questioned by James J. Wilder Who should be blamed? To blame someone seems to be the natural tendency when something goes wrong. As tempting as it is to dish out blame for the fiasco called Ethics, I shall try to be somewhat constructive. SOMETHING IS WRONG WITH ETHICS!!! Based on conversations with Dean Headrick and Marshall Breger, the problems are as follows. The ABA has said all students must have a course in ethics before graduation. The first problem has been when to offer the course. The Dean said past attempts to offer the course in the third year of the program have been dismal failures. Third-year students read newspapers in front of speakers, fell asleep, cut classes and, generally, treated the course like a "joke." The experimental Ethics course was offered to first year students who, it was thought, might be more interested and more impressionable than third year students. Running the course from mid-semester to mid-semester was expected to avoid conflict with other courses and lessen the load. On paper the idea looks good. In mid-semester, however, other professors thinking the "first-year honeymoon" had lasted long enough, began to step up the pace of their courses. EnterMarshall Breger and course number six: Legal Ethics! Incidentally, a Wallin memo from early this year requires any student with more than five courses per semester to petition the Dean for a waiver of general academic policy. Breger was convinced the subject of ethics should not be dealt with lightly. In an attempt to engulf the growing field of legal -ethics, Breger provided his students with hundreds of pages of articles and cases. Unfortunately for Marshall, he seemed to be the wrong person with the wrong course at the wrong time. After all, the poor guy is up for tenure. Due to a lack of time, students simply put ethics on a back burner. Many people had good intentions about reading the materials over Christmas vacation as Breger has suggested, but few students accomplished that goal. The problems were compounded by a general lack of course planning, a failure to state objectives and a growing dislike for the course as a about any type of grade in ethics. Too many H's are likely to be meaningless and D's and F's are likely to raise a number of eyebrows. The plan that looked good on paper was much less attractive in practice. People still read newspapers when guest speakers appear, people still fall asleep, students still cut classes and ethics is once again a joke. Worst of all, most people have learned very little about ethics except that the subject's consent should be required prior to experimentation. Can anything be done at this late date? Changing the test to Pass/Fail is certainly one alter- New Catalog Begun in Lockwood As Law Library Makes Changes by Linda 1 i i AL KATZ / PHOTOGRAPHS 1970-80 tfbmaafMUaai *|PI "H fTTSiX i |"J,jWM«. || jggg few ftjji^ "& FEB. 6- MAR. 1 ADDITIONAL HOURS: THURS. &FR1.7:30-10 gallery hours: Wed. thru Sun 1:00to 4:3opm wbyappoirrlrrent: 886*3616 the Cohen On January 2, 1981, most American academic libraries whole. adopted a new cataloging Objective evaluation by procode. The new code is known fessors is another serious proas the Anglo-American blem with the ethics course. Cataloging Rules, 2nd edition Ten minutes of Monroe Freedor AACR-2. man discussing his code with Cataloging in American Robert Kutak would obviously academic libraries is a major demonstrate ethics is anything cooperative venture. Most of but objective. Although rote these libraries use cataloging memorization of the codes data from the Library of Concould be graded objectively, gress or peer institutions as the there are serious questions basis of their own efforts. OPENING, FEB. 8 at 8:00 ■ artists gallery commitit*gaHaiy 30 ESSEX STREET BUFFALO. NEW YORK 14213 \ 8 ite*t"r»i. Ml Py /•»— ||| —^ J ,«££, One reasonable suggestion is that the course be offered as an elective in the second semester of each year. The course would be open to all students. The responsibility of taking the course before graduation would be left with the student. Having the course in the second semester would reduce the intimidation freshmen would feel from the upper classmen. Finally, ethics should become a three-credit A series of pass/fail hour course. worksheets would be of Ethics will only be treated as greater educational value than a serious course by the a single test. These worksheets students when the design and would require familiarity and implementation of the course comparison of the various demonstrates serious imcodes and materials to complementation by the faculty plete. and administration. native. Many students are not anxious to be held liable for an experiment that failed as miserably as this one has. In the future, the course should start with definite objectives' and developing materials around those objectives rather tlan compiling articles of questionable worth. A class schedule would also be useful in telling the students where the course is headed. Lockwood Library and the Law Library are no exceptions. Both libraries are members of O.C.L.C. (Ohio College Library Center), a national computer network, from which we obtain cataloging data prepared by the Library of Congress as well as other member libraries. The Library of Congress's decision to adopt ACCR-2 has thus been the key influence leading to a similar change in most other libraries, including both the Law Library and Lockwood. The ultimate goal for academic libraries in America today is the development of an on-line catalog. This objective can only come about by having machine-readable records in a library's card catalog. It is impossible in a few words to detail the changes that will occur in cataloging and how these changes will affect the library user. Generally, libraries will now catalog books using authors' most common names or the names they list on the title pages of their books. Serials will be cataloged under the names by which they are commonly known, and not under the names of the associations which issue them. Because of the adoption of AACR-2 and because of the ultimate objective of creating an on-line catalog, the decision has been made to begin a new card catalog at Lockwood Library. This new catalog will be arranged.according to the 1980 American Library Associa- tion Filing Rules; these rules differ, from the filing rules* utilized in the old catalog. Users should be aware that the new Author-Title and Subject catalogs in the Lockwood Library will serve as union catalogs for the entire library system. The holdings for the Law Library will be fully ac- NOTICE Opinion February 5,1981 when the reclassification of the entire collection was started. It should be mentioned that the Law Library does, in fact, have two card catalogs. However, the existence of two catalogs is not a consequence of the new cataloging, rules. There are two catalogs because the reclassification of the collection begun nine years ago has not yet been completed. The old catalog represents those periodical and serial holdings which have not yet been reclassified. As items are reclassified, the cards representing them are removed from the old card catalog. Therefore, at some time in. the future when this project is completed, the Law Library will have only one card catalog. The library is offering Lexis review sessions for upperclass students on Mondays at 10:00 a.m. and Tuesdays at 11:30 a.m. or by appointment. See Karen Spencer. 8 cessed in the new union catalog; in other words, duplicates of all our author, title and subject cards will be filed in the Lockwood catalogs. If a user is trying to locate materials at Lockwood, he may find it necessary to check in two card catalogs. For items published in 1981 and later, the user need only check in the new catalog. For items published in 1980 or earlier, the user should look first in the old. catalog If the Item" is not found there, the new card catalog should then be checked. The Law Library will not be starting a new card catalog. While we are adopting AACR-2, we will be incorporating tbe~ necessary changes into our existing catalog. We are able to accomplish the because our card catalog is much smaller than the union catalog in Lockwood. In addition, our catalog is relatively new; it was begun only nine years ago �Canadian Law School Provides Unique Education by Ralph W. Peters generated by this Law Libraries are government unfortunate siting plan could publications. There is no gusts One's legal education is conducted a bit differently in our neighbor to the north, Canada. In the Province of Ontario, all law schools are part of the provincial univerity system. Tuition, as might be expected at a state-subsidized school, is low. Low, perhaps, is not the right word. Negligible may be more appropriate. Students at Osgood Hall, the Law Center of Toronto's York University, pay a mere $915 in Canadian currency per year in tuition monies. M Osgood Hall is part of a stark, barren, sterile complex of white and brown structures on the outskirts of Toronto. Winds reach terminal velocities between the six and seven story buildings, and SUMMER LAW STUDY in Guadalajara London Oxford Paris Russia Poland San Diego - For information: Prof. H. Lazerow U. of San Diego School of Law Alcala Park, San Diego, CA 92110 probably put a 747 into orbit. equivalent of West Publication Inside the main buildings, and Key Numbers. However, things are a bit cozier. Osgood the official reporters do give a has a nicely designed law small encapsulated report of library, which is said to be the the case. largest in Canada. The ComAdditionally, there are not a mons Room has a fireplace, a host of study aides available to pinball room, an elaborate Canadian law students. Bill sound system, and an Advent Burnfield, a student at Osgood six foot projecting television. Hall, said there is no Revenues from the game room equivalent to our Legal Lines, go to support Thursday night Sum and Substance, Nutshells, socials in this commons area, and the like. Hornbooks are thus keeping refreshment costs available, but are not extenlow. Bear in mind this area is sively relied upon. solely for use by law students. There is no tacky Bar Review Legal education is also a recruitment drive in Ontario three-year program in Canada. Law Schools. There is one However, upon completion of course, the Bar Admission one's three year course of Course, and is administered by study, graduates must spend a the Law Society of Upper year "Articling." Articling is Canada, a quasi-governmental nothing more than clerking, body. Students pay $700 tuibut students are required to tion, and take a series of two spend one year in this week mini-courses, after each apprentice-like capacity. Few of which an exam is given. This students have law-related jobs series of courses and exams during the school year. lasts a half year. If one fails an Research and Writing is exam in this series, she/he taught at Osgood, and is term- merely repeats that two-week ed the Legal Profession. Things unit and retakes the are conducted in much the troublesome exam. The per se at Osgood, one rarely same manner as they are at various units are largely taught sees a woman dressed in jeans, by practitioners. ÜB, excepting the Orals round and sports coats and ties seem which is done with full fanfare. For the most part, Canadian to be de rigeur for male Students deliver their Law Schools field debating students. By joining the Legal Aid arguments clad in gowns, and teams. These organizations exa panel of three be-wigged ist independently of Moot Society, Second and Third year students may represent clients "judges," usually professors, Court, and are primarily conpass judgement. This is concerned with non-legal ques- from start to finish. They are sidered Moot Court, although tions. Students at Osgood were permitted to take their case to there exists at Osgood a Moot surprised UB had no club court and argue before the Court system similar to ÜB's. devoted to the rhetorical arts. magistrate. First year students While there is no dress code can assist in research and brief All reporters in Canadian writing. Many Canadian law students look to the Western Provinces as the place of their future employment. The energybased boom in British Columbia and Alberta has created a demand for attorneys that has so far outstripped supply, and as such, there is increased interest in the study of pro- vincial law other than that of Ontario's. Loophole© byhal malchow February VW Opinion 9 �am\m\ H LmW W\. LmW \W\ DIRECTOR, BAR/BRI will be here to discuss the New York Bar Exam and the BAR/BRI New York Bar Review Wednesday, Feb. 11 11:15 a.m. room 106 refreshments served SENIORS SUMMER '81 EXAM now $495+ refundable book deposit. First & Second Year Students 1982 and 1983 Exams now $470+ refundable book deposit. DISCOUNT DEADLINE THURSDAY FEBRUARY 19 Also, Irving Younger in-Depth Course starts in February. Contact one of these representatives: Carol Cramer John Feroleto , Mike Doran Cheryl Possenti Dana Cowan Pat Dooley Ruth Pollack Christopher Reed Mark Suzumoto "Rocky" D'Alusio Opinion February 5,1981 10 Paticia Jayne Lew Rose Tanya Harvey Orest Bendrij Ellen Dickes Erik Lindauer Arthur Scott Carfinkel Jay Marlin Paul Israelson Winston Ellis Doric H. Benesh Therese Rahill Renee Lapides, Francine Bruno Joan Warren Carla Cersten Leslie Wolff Michael Chakansky Rosemary Gallick �Pep Talk Are American Sports Illustrative of Our Society? by Joe Peperone him a sissy. And if a woman must reflect reality, and are usually white, while the we since blacks have few role "out" field is primarily comdefeminize her. The models in law, economics, posed of blacks, much like Super Sunday has come ultimate "compliment" or medicine, black parents blacks are on the outside of and gone. The football game, paid to Olympic Diver Micki are sending their kids where mainstream American socieSuperdome, the the King was "She dives like a they see other successful ty. cheerleaders, $300,000 one- man." And Babe Zaharias, blacks the athletic field. Another study rated half minute commercials perhaps the greatest female But blacks are not "better" players on college basketand the winner of the beer athlete of all time, sports- athletes than whites. Blacks ball teams. When players challenge are all fond writers inferred she was a are socialized to go into were ranked, 47% of the memories. The day the lesbian because she was so sports because large "Number One" players on Super Bowl is played with good. numbers of blacks see it as each team were black, but PT: What means can be an escape. all its fanfare and hype, may only 17% of the "Number ;eem an atypical day for a used to reduce the sex-role PT> Do you feel there is Ten" players on each team sociologist studying stereotyping in sport? racism in sports? were black. The percentages American society, but not to Runfola: Two things can Runfola: In the American should be approximately third-year law student Ross be done now. First, girls sports structure there is a the same. What this serves Runfola. should be encouraged to high degree of racism. to show is that mediocrity is Third year student Ross Runfola, Runfola, 36, is a professor participate in sports. Whites own sports, and a white luxury. Blacks can author of lock: Sports and the Male of Social Science at Physically, girls can comBlacks are laborers. Look make it in sports superior Identity. Medaille College in Buffalo. pete with boys until the age how long it took to finally blacks are only but if you He is also a former of twelve, and if they do, it get a black manager in Maan average black athlete, material or classes missed newspaper reporter who has redounds to the advantage jor League Baseball. Many competing with an average because of practices or road published more than 100 ar- of both. very qualified blacks have white athlete typically trips. If a school refuses to PT; It, seems one barrier to been continually passed the black athlete will be cut sign such a contract, I ticles in a variety of newspapers and magazines, that is the fear of many over for pro football head or retired first. would tell the athlete to go mainly in the area of sports, parents of the "severe" coaching jobs. Again, you PT: In light of the scandal somewhere else. The key to including a piece in the New psychological damage can see sport as a reflection in .college sports regarding a successful sports program York Times which was which will be done to their of American society who recruiting violations, can in a college should not be selected as the best sports son if, for example, a girl works, and who controls. how many wins their major sports be "saved"? news feature published in beats him out for a starting Runfola: there has to be a teams get, but how many PT: Have studies been any American newspaper or position on a little league done to show the types of realization by high school students, both male and magazine in 1975. Most baseball team. racism facing players? athletes and their parents female, participate in recently, Dr. Runfola coRunfola: The point is it Runfola: Yes. In pro foot- that only 2% of all college sports. Title IX will help authored the book Jock: will be healthy for both. The ball, positional analyses football and basketball reach the goal of full parSports and the Male Identity, girls can then explore the have been done. In the so players ever play pro sports, ticipation. which was released last year natural limits of their ability called "intellectual posi- so that an athlete should PT: Are you anti-sports? i by Prentice-Hall, Inc. Far and the boys will learn a tions" quarterback, primarily go to college to Runfola: I'm anti- the way from the average sports sense of equality. This center, middle, linebacker get an education. When you sports are played today. The book, the anthology ex- relates to the second point only 7% of the players are have a winning-is-everything book attempts to show that amines the relationship be- of my solution the rapid black. Among kickers and mentality, that's when you everybody loses, given the tween sports and masulini- implementation of Title IX punters only 1% are black. see schools changing present sports structure. If ty, the American obsession in the college?, which would But in the "instinctive" positranscripts and forcing seyou understand sports, you with winning, and how significantly increase the tions cornerback.and run- cond and third stringers to understand society, and I 62% are black. give up their scholarships. -think reading the book will sports fosters sexism, racism budgets of women's colning bacjc one understand and violence. Recently, I legiate athletic programs. Are blacks biologically There should be a contract help talked to Dr. Runfola about This would give, women the superior to whites in these between a college and an American culture. his book, the ideas behind it, equality of opportunity to positions and vice-versa? athlete it wishes to recruit. *** and American sports in explore their natural No, but you have white That contract should relimits and an The book physical put is entertaining general. coaches telling players quire the college to give him Pep Talk: How did the end to the belief shared by where to play. Many blacks the best possible education. and enjoyable to read. The many college women that who were very good college Too many colleges force articles contained in it cover book come about? Through success, whether intellec- quarterbacks get turned inRunfola: their athletes to take easy or the many facets of sports, non-existent courses so as from participating to specteaching Sport and Society, tually or athletically, is to running backs or cornerloss of not to interfere with practating. It addresses the prowith of sport equated day pro have stressed that backs the first I never gettices or road trips. The same "blems, offers solutions, and mirrors American Society. If femininity. A few years ago, training camp American society is sexist, women at Radcliffe College ting a chance to prove schools will take away a views things in an always sport is sexist, if American were given information on a themselves. When a young player's scholarship, the on- perceptive but sometimes society is racist, sport is hypothetical woman who white quarterback suffers, it ly means he has for staying lighthearted way. It's just as racist, and if American was said to be first in her is said that it takes five in school, if he gets injured valuable for the person society is violent, sport is mcd school class and were years to make a good pro and is unable to compete on uninterested in sports as it is violent. My co-author asked to describe her. quarterback, but if a young the team. The contract to the most rabid fan or teacher sociology in the About 75% said she was black quarterback struggles, should give the athlete the athlete, and I would recomarea of masculine identity. unattractive and hard up for people start whispering that education he desires, in- mend it to anyone who We realized there has never dates. It appears that he's "dumb". The same cluding the opportunity to wants to spend a few hours been an attempt to cor- women are programmed to positional analysis exists in take more difficult courses. away from a casebook. relate the two-sport and be losers. They need equali- baseball. The so called And the college should pro- Copies can be bought vide tutorial help to aid the through the University pitty of opportunity;, the more "thinking" positions masculine identity. women to shortstops cher, catcher, freedom have student-athlete in grasping Bookstore or from Ross. does PT: What the book participate in sports, the attempt to do? Runfola: The book ex- more everyone benefits amines sport as an institu- from sports. PT; One area in which tion that disseminates and reinforces traditional you've written much on is INTERESTED IN SPECIALIZING? stereotypes for males and the area of blacks and females. To give an exam- sports. Could you explain ple, a boy's participation in your theories? Runfola: In a capitalistic sport reinforces traditional ag- society, masculinity is definmale characteristics gression, competition, and ed largely in terms of power. Fellowships Available dominance over women. On Black men today have few the other hand, girls are opportunities to prove their Full-time and Part-time Programs Offered socialized at a young age to "manhood" in the social, Quality Programs of a Fully Accredited Law School be passive, submissive and political, and economic details For contact: Mn. Mary Lcginiit dependent by the games realms of America. Arthur UNIVERSITY OF SAN DlfCO j-. a to black letter they play such as taking Ashe wrote School of Uv» care of dolls. Boys and girls parents which appeared in are continually reminded of the New York Times, telling SanMtfo,CA 92110 vpj^L^ (714) Ml-4SM these roles. If -a little girl is them to send their kids to \ZX replied But, as I we call her the library. good in sports vj.o.am—i ajmmama —aw ton al w.mm. at*. MAm, m, mumm «tt». a tomboy; if a little boy is in a column the next week: wcwify. m tmom n 1WOJb) ■ awa—jt not good in sports, we call Arthur, look around, dreams is good in sports, — — — — — — — — — — '" ' — — — University of &an Diego — LL.M. IN TAXATION LL.M. IN CRIMINAL LAW • • • sasrr — • • • i tin — February 5,1981 Opinion 11 �Book Review Douglas' Character Shines in 'The Court Years' by Peter Bergenstock The Court Years, the autobiography of William O. Douglas, is disappointing in several ways. At times it reads like an uninspired text on constitutional law , when as Douglas traces the twentieth century developments of the First Amendment and the Due Process Clause. Douglas states the theme of his autobiography is the growth of political bankruptcy in America the dissolution of public morals. The book, however, is written in such a disorganized fashion that some of the coherency of this theme is lost. With all its flaws taken into consideration, The Court Years still provides the reader with a valuable illumination of Justice Douglas' character and — his contributions to the marketplace of ideas. Having served with six presidents, Douglas was in a unique position to evaluate changes in American leadership from 1939 to 1975. According to Douglas, no president after FDR was able to meet the demands of the office in terms of ability or integrity. Truman was little more than a local politician, with little understanding of global diplomacy. Douglas writes that too often Truman relied on heavy-handed military intervention, setting a precedent which would have tragic consequences for Lyndon Johnson in Vietnam. Under Eisenhower, the business establishment set upon Washington, looking for favors and exercising a corrupt influence over government. Douglas points to a slow but ideology, but from a concern from the common man. As Douglas puts it, "The status quo only helps the fat cats." Moreover, his ideals were not to be bartered. When Douglas issued the stay of execution in the Rosenbuerg conspiracy case, later vacated by the Court, he found that many of his old friends avoided him, themselves caught up in the hysteria of the day. Douglas writes: "I was dropped from social lists, which do not bother me, as I much preferred to spend winter days looking for wild persimmon trees, or conversing with an old barred steady disintegration of leaderDouglas is candid about ship which reached its nadir presidents and the press in The under Richard Nixon. Court Years, but when writing of the Supreme Court and its Douglas credits the press, as members his tone becomes well as public opinion and an deferential. Indeed, his discusindependent judiciary, with sions of the Court" are little finally "concerning" Nixon. more than a series of anecdotes. We are told that Felix Despite his absolutist position regarding the First AmendFrankfurter loved to indulge in ment, Douglas chides the dramatics on bench and American press for its laziness that Charles Evans Hughes and commercialism. He writes once scared a bear from the that few reporters in porch of his mountain cabin, Washington do their own but we are not given the hard for research most are content criticism Douglas reserves to "live" on government handother branches of government outs, fhe press often fails to and society. Perhaps the live up to its role as greatest fault of The Court information-gatherer and, Years is it fails to give us a therefore, the public suffers. penetrating look at the "The Society of the Dialogue, Supreme Court itself. as espoused by the First Justice Douglas' own Amendment, is increasingly character shines through on difficult to stimulate," writes the pages of The Court Years. Douglas. His liberalism sprang not from — owl." This was the man to whom Lyndon Johnson once said, "Liberty and justice, that's all you.think of." Douglas replied, "You're goddamn right, Mr. President." The Student Bar Association and the - 1981 SBA Commencement Committee Proudly Announce the First Annual- s "100 DAYS TDL GRADUATION PARTY" — [ ' ■■''■ ' *-■■*■■."!. ■-.■■■■. OPEN ONLY TO ALL LAW STUDENTS, FACULTY, STAFF and ADMINISTRATION. Time & Place: Thursday, February 12,1981 9:00 p.m. until closing Rooties Pump Room (Stahl Rd near Campbell Blvd) Admission: Seniors who have purchased or who purchase Senior l.D.'s before February 12 will be admitted upon presentation of their l.D.'s. For all others, admission is $4.00 before February 12 or $5.00 at the door. ADMISSION INCLUDES FREE BEER (10 BARRELS OF IT!), SODA, WINGS AS LONG AS THEY LAST and DRINK SPECIALS. PURCHASE YOUR TICKET OR I.D. at THE LAW LIBRARY BEFORE FEBRUARY 12! 9 ——.^a—M————■—a^>^———Mai *" M —■—— —— I —————II � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1981-02-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/99e5afa099279e16dab2b7a898fadbec.pdf 2b30bcbbeee739d5c191ed0243bfc4c8 PDF Text Text Ferster, Eoannou Win Moot Court Competition by Pat Jayne "Hear ye, hear ye, the Supreme Court of the State of Niagara is now in session to hear the case of Erin McGregor v. Harmless Chemical Company." With that the final round of the 1980 Desmond Moot Court Competition began on Saturday,,November 15. This event was sponsored by the Moot Court Board. The winning team was Alan Ferster and Thomas Eoannou, who defeated the team of Scott Oakley and Matthew Newman. Respectively these teams won in the Friday night semi-final rounds over Lynne Monaco ed, presided as Chief Justice in the finals. Judge Desmond, a UB alumnus, is the retired Chief Judge of the New York Court of Appeals. The final panel also included Matthew J. Jasen, Associate Judge of the New York Court of Appeals, Judge Ellsworth A. Van Craafeiland of the United States Court of Appeals for the Second Circuit, and Michael F. Dillon and Richard D. Simons of the Appellate Division Fourth Department. Best Brief honors went to Matthew Newman and ScOtt Oakley, First Runner-up went to Alan Ferster and Thomas Eoannou, and Second Runnerand Andrea Roth and the team up to the team of Carmen of Carmen Grullon and Mark Grullon and Mark Pullano. The Pullano. Best Oral Advocate award Charles S. Desmond, for went to Lynne Monaco. The whom the competition is nam- First Runner-up was Scott Brom left to right: Winners at the 1980Desmond Moot Court competition, Alan Ferster and Thomas Eoannou. Former NY Chief Judge Charles Desmond (far right) presided as Chief Justice. Oakley, Second Runner-up was Alan Ferster and Third Runnerup Alex McQuiston. The competition attracted thirty teams of second and third year students who argued before panels of local attorneys. The teams wrote Opinion Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 briefs on liability for dumping toxic wastes and what the appropriate remedy should be if liability is found to exist. Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "Only the apathetic have no opinion ..." Volume 21, Number 5 State University of New York at Buffalo School of Law November 20,1980 Two Profs Receive Offers From Law Faculty by Bob Siegel The law school faculty, ac- ting on recommendation from the Appointments Committee, last Friday voted to offer two individuals positions on the committed to the full and open exploration of ideas and to education about them" His areas of teaching 'interest coincide with the present needs of our law school. It is expected that he will be called upon to teach a first-year Torts section. With Professor School of Law. where he was tion and on land-use regulaEditor-in-Chief of the New York tion. Freeman was granted tenure at the University. of University Law Review. Freeman has been a ProMinnesota largely on the basis fessor of Law at the University of his teaching ability, accorof Minnesota Law School since ding to Minnesota Law School 1971. It is rare for our law Dean Robert Stein. He has a school to have the opportunity reputation as being a "good to offer a teaching position to teacher" and as being popular someone possessing nine years with students. Freeman is interested in of legal teaching experience. While he ha 6written some teaching in the property law scholarly pieces in discrimina- and constitutional law areas. law school faculty. Both individuals show great promise. David Engel will be offered Jacob Hyman's inevitable a three-year appointment at retirement approaching, this the rank of Visiting Associate Will help fill an upcoming void. Professor. Engel is an expert in Engel also expressed an inthe field of .Southeat Asian terest in teaching Family Law. studies, specializing in Thai With Professor Grace law. Engel is a "well recog- Blumberg's return to SUNY nized scholar at a young age" still in doubt, Engel may also according to Professor John help to fill a faculty gap in this by Linda Nenni Henry Schlegel, chairperson of area of the law. the Appointments Committee, Engel also hopes to have the On October 13, 14 and 15, "capable of and likely to conopportunity to teach two the Law School conducted its tinue to produce substantial, upper-class electives: commost successful Phonathon and very interesting" writings. parative law and law and an- campaign ever. David Engel received an thropology. Neither of these Sponsored in cooperation undergraduate degree in courses has been offered at with the UB Foundation, this American History from Har- this law school in the recent year's program was coorvard University. He then did past. dinated at the Law School by his graduate work in history at The only possible drawback Associate Dean Alan Carrel Yale before attending Universi- to Engel's appointment is that and by Linda Nenni/a former he has had no prior teaching professional fund raiser, who is ty of Michigan Law School. Engel's scholarly writings experience. currently a first-year student, Alan Freeman wijl be of- and who will be working with are abundant. He has worked at the American Bar Foundafered a position of Visiting Pro- Carrel fn expanding the tion, in the capacity of fessor for a one-year duration. school's develoment program. Research Attorney and Project In contrasting his to Engel, The campaign is designed not Director, for the last four Schlegel stated that he "was only to supplement the funds years. Felice J. Levine, Coequally unusual, but in a very, which the State provides the director of the Research Pro- very different way." Law School, but also to Freeman, an undergraduate generate goodwill amongst our gram in Legal Education at the American Bar Foundation felt history major at Brown Univer- alumni. Engel was "a scholar's scholar sity, received his Juris DocTwenty-two students parin the finest tradition of being torate at New York University ticipated as volunteer callers joining twenty-seven aJumni, Dean Thomas Headrick and Associate Dean Carrel for the year's record-breaking campaign. In three evenings, With the futures of Hyman, Professor W. Howard Mann at the law school uncertain. Freeman, like Engel, will help fill faculty Blumberg, and gaps. Professor Wade Newhouse, who plans to join the "constitutional law team" next year, felt that Alan Freeman would be a "fine addition." Phonathon is "Most Successful" Have A Happy Thanksgiving - These private contributions provide flexible funds to help meet many immediate and unexpected needs at the school and to assist programs that do not receive adequate state support. For example, private money is used to fund some student assistantships and most scholarships and awards. It also provides part of the budget for the Library, the Trial Technique program, other clinical programs. Moot Court, the Buffalo Legislation Project and the Buffalo Law Review. In addition, alumni contributions provide significant funding for faculty recruitment and for the placement office's programs. Private money is used to rent equipment or hire part-time support staff when the need arises and State funds are friendly phone call from a student or fellow alumnus provides the opportunity to reflect upon the value of one's degree, the growing stature of the Law School and the importance of continuing its tradition of excellence. "Interested and enthusiastic volunteers were the key to the success of Phonathon '80", stated Alan Carrel. "Our students made a vital contribution to this year's campaign." Students who participated in Phonathon '80 were: Mark Berkovits, Howie Bluver, Dale Clark, Debbie Decker, Joe De Maria, Pat Dooley, Peggy Fabic, Josephine Greco, Tanta Harvey, Elaine Herald, Diane Hinman, Jim Keneally, Steven Kirchner, Wanda Lucibello, Jon Malamud, Larry Malfitano, Vicki Martin, Linda Nenni, Glenn Pincus, Ruth Pollack, Jeff Taylor, and Mary Walterich. For information, contact: Alan Carrel, 636-2056 or-Linda unavailable. The personal contact made possible by the Phonathon campaign is often very meaningful to those alumni who $16,425 was pledged, more Vnay have lost contact with the than double last year's total. Law School over the years. A Nenni, 636-2060. , �Vol. 21, No. 5 Opinion ■ President's Corner November 20,1980 Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Feature Editor: Photo Editor: Business Manager Placement's NYC Program: The Bitter Taste of Ice Cream answer to that question is Marc Ganz Ralph W. Peters Guy Van Baalen Jim Kraus more complicated. First, our perceptions are ecologically fallacious to a large extent that is, because we as individuals are thinking about driving ice cream trucks this summer, we assume that everyone in our predicament, present and future, faces the same crisis. Not so, in the longer view, asserts Mr. Carrel. Anybody hired from UB anywhere opens a new potential employment to a broader pool. Which is nice, you say, but what about me? I'm not a member of a class of people — I'm an unemployed individual. This is the broader question, and its answer goes to attitudes. I'm told that Placement finds seminars like last week's to be frustrating ventures, first because they tend to be so poorly attended, and second because the attitude of those in attendance is often sullen, and sometimes out and out hostile. Although Mr. Carrel professes that he is unaware of any resentment directed at his office, his defensive attitude (a common trait on the third floor, I've discovered), and his eagerness to do something to help the vast majority of the school's population who don't know what they're doing this sum- — Staff: Doric Benesh, Joe Peperone, Alan Beckoff, Bill Altreuter, Laurie Gross, Mike Rosenthal Contributors: James B. Atleson, Peter Bergenstock, Michael Colnes, Steve Gabor, J. Lawrence Herzog, Pat Jayne, Barbra Kavanaugh, Linda Nenni, William Parker ; © Copyright 1980,Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Save A Sinking Ship by Bill Altreuter The bitter taste that the Placement Office's New York Interview Program left in many of our mouths was, I think, understandable. For those of you for whom the program was a success, congratulations. For the rest of us, take heart. Alan Carrel tells me that he can't create markets for jobs. He can, however, show us where the markets that do exist are, and what we can do to tap into them. Last week's Placement Seminar was a response to that need, implemented by Mr. Carrel in order to broaden the base of the Placement Office's constituency. A candid man, Mr. Carrel says that we, the people that are not being pursued by the New York City legal community, are precisely the constituency that needs his office the most. Why is it that we seem to be the ones who are helped the least? The mer and are unhappy about it, indicates that he's at least aware that there's a problem. Programs like last week's are a start and it should be noted that Mr. Carrel has accomplished a lot, with resources that can be best described as scanty. The placement office has highly competent people, but there aren't many of them. Nonetheless, much of our resentment can be said to be a manifestation of relative deprivation. Nobody was going to the New York Interview Program five years ago, because there wasn't one. And to the extent that people attend seminars like last week's, they are being aided in their job hunting. After academic policy, — placement is my biggest priority. Placement's constituency needs more from placement. Ideally, for example, the office should attempt to coordinate trips to employment centers like New York and Washington so that groups of people could share expenses when they hit the bricks. We're all employable, but we need support and direction. I'm working with Mr. Carrel to see that more is provided. Let me know if you have any suggestions about help you need and feel you aren't getting. Breger's Tenure to be Decided relationships with peers and your assessment of Professor colleagues, evaluation results Breger's teaching ability, his This year. Associate Pro- and publications are critical knowledge of the subject matfessor Breger will come before, elements in the Committee's ter, and his interpersonal relathe Promotion and Tenure decision. tions with students. If you have May I ask you to write a legiCommittee which will deterread his published articles, you mine whether he will receive ble and thoughtful letter to the may comment on them. permanent appointment. This convenor of his committee, Thank you, in advance, for process applies to all faculty Professor Lee Albert, care of your kindess, thoughtfulness members at various stages of Ms. Cheryl Tubinis, Room 523, and care as you help in the O'Brian. The letter must arrive evaluation process. their careers. Several factors enter into by Thanksgiving recess. It must Allairganfield the decision process. Student be signed by you. AssistantTDean for letters, faculty assignments. The letter might include Student Affairs To the Editor: OPINION Should Apologize To the Editor: Opinion doesn't want your garbage, but we are in a crisis situation. We offer students a mouthpiece for their ideas and a showplace for their creativity and talent. We're wondering why this forum is being under-utilized. Opinion can be an innovative, activist newspaper. It can serve as the catalyst for change. But it needs help — your help. News and feature writers, photographers and graphic artists: whatever your speciality is, we need you. People with fresh and creative thoughts would be appreciated. The future of this paper is in doubt. If Opinion folds due to lack of student support and input, it will be your loss. Please don't stand by idly and wave to a sinking ship. Instead, lend us a hand. Please drop off your replies, ideas, thoughts, or contributions in the envelope outside the Opinion office Room 623. Feel free to express any suggestions you may have our pages, ears and minds are always open. — — 2 Opinion November 20,1980 place and insulting, but also inaccurate. At least we can rest assured that Mr. Nelson won't be taking the military up on its programs for women and minorities; he doesn't know Believe me, booby, he won't be so smug when it's his car JACKSON, A NEW DAY payment. SHOULD DAWN AT YOUR The Opinion owes at least ESTABLISHMENT, TOO! YES, three apologies: one for belitA NEW DAY DAWNIN', tling students who have taken WHERE NEWS IS NEWS AND about them. or are interested in military OPINION! Perhaps the ultimate irony jobs, one to Placement for atI'm sorry, booby, but I found would be to see Mr. Nelson, up tacking a job they do well, and your (should I really call it?) against the tight job market one to the student body at "coverage" of the Placement himself, end up defending large for not keeping OPIOffice military recruitment "deserters and other incor- NIONS where they belong. program in less than poor rigibles by plea bargaining for taste. It did not appear on the undesirable discharges (i.e. cerAmy Jo Fricano editorial page, and provided tificates of unemployment)." no notice of being, or attempting to be, news commentary. EDITOR'S NOTE: Opinion opinion. Surely no self-respecting apologizes for not clearly labelThe editors remain dedicated to our original commitment of newsperson would classify ing Mr. Nelson's article "comthat opinionated piece of mentary." However, the fact working diligently to improve drivel as news or even feature. that Mr. Nelson's article didapthe quality of this newspaper. Mr. Nelson may have some propriately carry a by-line We note your criticism and (questionable) knack for coupled with the practice that stand firm to face consehumor, but its application to Opinion speaks only in its quences of a responsibility we the Placement Office's sincere editorial on the editorial page have promised to fulfill. We attempt to provide students preclude one from reasonably shall not quit nor shall we run > with information about jobs of concluding that Opinion has in from those responsibilities. all kinds was not only out of any way adopted Mr. Nelson's OPINIONJS �Headrick Deciding Vote: Credit for Law Review by Bob Siegel Editor-in-Chief of the Review, felt that the major goal of the Dean Thomas Headrick cast Review was "good quality trie tie-breaking vote in a 12-11 legal research and a good decision restoring academic periodical." If the taking of a credit for participation on the "five course load" was Buffalo Law Review. The quired, this would have an restoration of credit decision adverse affect on quality. will be for a two-year trial Therefore, the major reason period at which time it will be for the restoration of credit re-examined. would be to improve the qualiThe Review petitioned the ty of the publication. Academic Program and Policy The faculty voted to accept Committee lAPPC) for the a proposal which would rerestoration. Associate Dean quire each Note and Comment Barry Boyer, chairperson of the Editor (there are currently APPC, in addressing the facul- seven Note and Comment ty, stated that "the Review Editors) to seek out a "faculty responsed to our concern with sponsor" who would have final student-run organizns" and approval of credit decisions. now the "ball is back in our The goal is to make faculty incourt." volvement as extensive as maw Shapiro Mike photo by The present editorial board (from left to right) front: Joe Peperone, Larry Malfitano, Elaine Herald, Melanie Cyganowski, Deborah Case. Rear: Erik Lindauer, Renee Lapides, Scott Wright,. Janet Lascola, Mary Fahey: Missing: Elyse Lubin, Sheila Meek- Hyde, and Mark Rosen. directions. The Note and ComEditor is chiefly concerned with deadlines, drafts and time constraints. The Professor Jacob Hyman felt possible. faculty member should be conthat the Editorial Board of the This "general faculty com- cerned with quality alone. As Buffalo Law Review was in the mitment" to involvement, as Professor Al Katz pointed out, process of "re-examining Professor Hyman referred to it, "The time system cuts against policy and mode of operation did not meet with total faculty publishable quality." In his in raising the quality of the approval. Some faculty prior dealings with law review Review." Hyman was of the members felt conflicts would personnel, Katz'pointed to colbelief that for the kind of work arise between the faculty lateral issues that would arise done on the Review, giving member and the Note and during discussions and could credit was appropriate. Comment Editor. At times they not be adequately pursued Elaine Herrald, current would be pushing in opposing because of time constraints. ment "Publication constraints are in- tide was in its final stage of consistent with quality work," completion, DelCotto felt that Katz said. Katz was correct in his assumpThe faculty decided, after tion that it would be too late much debate, that restoration for the faculty member to be of credit for the Review was of constructive help. dependent on quality control, DelCotto, Professor and quality control was, in .however, envisioned conturn, dependent on faculty in- tinued faculty involvement. volvement. Professor Louis This is also what the Editoral DelCotto felt the question of Board of the Review envisions. "when the faculty was to be in- In two years we will find out volved" was of major impor- whether this vision has become tance. If the faculty involvea reality. ment was to occur after the ar- Freedman Speaks on Attorney-Client Relation by Edward M. Sinker Monroe Freedman, reporter for the American Trial Lawyers Association, American Lawyer's . Code ot Conduct, spoke on "A Code of Ethics for the Legal Profession" to a capacity-filled Moot Court room. The talk was arranged as part of the first-year ethics course and was open to all law students. Freedman, former Dean of Hofstra Law School and author of the influential Lawyer's Ethics in an Adversary System, spent most of his presentation criticizing the "vicious" Model Rules of Professional Conduct as developed by the American man, Robert Kutak. Freedman said the Kutak Code discourages clients from placing total confidence in their attorneys. "The Kutak Code," said Freedman, "would, in essence, require the at- torney to give a Miranda-type Bar Association's Commission warning to his or her client on Evaluation of Professional prior to counseling " Standards, more commonly "The Kutak Code," conreferred to as the Kutak Commission after its primary drafts- tinued Freedman, "stands the NY Practice Course Is Plotted To the Editor: among themselves areas for problem developI met Saturday morning, Oc- ment and plan to meet several tober 25, with a group of five times over the next few weeks lawyers who responded to my to review progress. Since the invitation to discuss the meeting, Mr. Blumberg has indevelopment of a New York dicated his inability to parPractice course built around ticipate, but the others are problems and student exer- working toward a deadline of cises. The group included: November 15, for developing Herbert Blumberg. Robert Con- the basic structure of the klin, Daniel Roach, David course, determining the times Sands and Edwin Wolf. They when it will be taught and set- assigned ting the credit to be granted. I am seeking a replacement for Mr. Blumberg, and some possi- ble alternates for others. The course will be offered to sections of 40-45 students. It is also likely that students will be able to obtain three credits if they complete writing assignments or make formal class presentations or do both. Thomas E. Headrick NY Practice Proposal Approved To the Editor: The battle over the proposed New York Practice Course appears to be resolved. In its regular meeting on November 6, the Student Bar Association voted to accept a resolution which approved Dean Thomas Headrick's actions committing himself to a three-credit New York Practice Course. New York Practice, a course originally devoted to the study of the Civil Procedure of the State of New York was terminated in 1979 when the professor instructing the course. Professor Kochery, passed away. The course as originally similar course came under heavy criticism from both faculty and administration. A recent compromise has been worked out in which four or five active legal practitioners will teach a New York Practice course for three credits. This course will differ from the original one in several ways. Because of the large number of teachers, each class will be smaller, allowing greater student-faculty contact. There will also be some sort of writing requirement, making the course geared more toward the practice of civil litigation in the State of New York. As Dean Headrick stated, "The course would be to pre-trial and post-trial what trial advocacy is to the trial offered was four credits, and concentrated on "black-letter" law. After it was discontinued, the prospect of offering a procedure." The course has not met with total approbation from faculty members. Among the objections expressed were the fact that the course is being taught by practitioners rather than staff, giving the administration less control over the content of the course. Faculty members also expressed reservations that the course would turn out to be too much like a barreview course. In spite of these reservations there appears to be a general consensus among the faculty, Dean Headrick and the Student Bar Association, that the three-credit New York Practice course is both useful and valuable. Constitution- on its head! The Code allows a prosecutor to smear a defendant's reputation by publicly dislosing allegations." Freedman hypothesized the Kutak Commission was a direct offshoot of Watergate and lawyers thereby sensitized to legal ethics. "The Code," argued Freedman, "is an assault on the adversarial system, a system having its roots in the Bill of Rights. The Kutak Commission, in concluding that the adversarial system has outlived its usefulness, is radical and radically wrong!" The Kutak Code, despite its birth in an ABA Commission cradle, has received little support by the ABA, and, according to Freedman, received "heavy opposition." Further, Freedman stated that except for Kutak's "quick handshake and beaming smiling," he could think of no reason which qualified him to head this particular commission. Pausing quietly, Freedman in respectable forebearance proclaimed, "I'll stop there!" Asked why Kutak has not debated Freedman and his code, Freedman said, "The Kutak Code is now on its sixth draft and, after three years, Kutak is still not ready to discuss the merits of his code." "A lawyer's duty," asserted Freedman, "is to serve as an equalizer to his client, who sometimes confronts an entire state or the whole United States government. We must enhance each client's personal autonomy and let them make their decisions as to what's right for them; the ultimate decision is the client's." Freedman, although he believes in pro bono work, condemned the bar because he did not think "it's any business of the bar or anyone else to tell attorneys how they must spend their free, charitable time." "Lawyers," maintained Freedman, "who have no inclination or qualifications torepresent indigents would most likely do more harm than good when forced to represent such clients." Freedman characterized the dilemma as a social problem and felt the burden should not fall squarely on the legal profession. He suggested massive legal service programs as one way of dealing with the problem. "No one should be telling me I should have to work on some legal committee rather than giving my charitable time to an organization of my choice!" NY Practice Update Dean Thomas Headrick an"I am impressed by the ennounced that local attorney thusiasm, interest and imaginaRobert Kiebala is to fill the tion of these five attorneys," N.Y. Practice slot originally said Dean Headrick. Headrick designated for Herbert expressed concern over keep Blumberg. The five practicing ing each section at a attorneys who will each be manageable size but reassured teaching a section have agreed Opinion that "no one will be that the course will be three shut out of the course." The credits and will include written course will very likely be taught exercises. in the Moot Court Room. Mark Rasch, Chairman SBA Ad-Hoc Committee on New York Practice November 20,1980 Opinion 3 �BALSA News Justice in Community Theme of Black Law Day exploring historical antecedents of the problem Justice in our community and impact on blacks of the was the theme of the 1980 'due process' requirements in Black American Law'Day Pro- criminal law adjudication. By gram held at Harriman Hall, first unraveling many of the Main Street Campus, October concerns the founding fathers 25, 1980. The annual Law Day expressed in the constitutional forum combines community text and history, Professor participation in a program to Washington demonstrated that encourage those'considering the impact of the North-South concessions amounted to enentering a legal career to pursue this goal through informal trenching the Southern workshops and guest, speakers. slavocracy and giving birth in This year's distinguished guest Northern and New England speakers included Harold states invidious Fugitive Slave (Hap) Washington, Esq., laws. Professor Washington author, community activist, gave as an example of the and law professor at Howard broad sweep of power to stop University in Washington, DC, and detain individuals fitting and Alexander Smith, New as nebulous a description as: York State coordinator of the black male between 55" and NAACP Prison Program. The 66" wearing a beard. He also by William Parker Law Day program was sponsored by the Black American Law Students Association SUNYAB. Professor Washington addressed the program theme by mentioned inherent institutional biases, broad police powers,' and a ratio of one black attorney for every 4,000 blacks as compared to -one white attorney for every 680 tional Facilities' throughout whites. Professor Washington's the U.S., he fastened on the presentation went a long way N.Y. State system and the in demonstrating the impact of NAACP's efforts in New York. Mr. Smith's lecture from excriminal laws and procedures perience was a clear-cut examin the Black communities and the need for minority represen- ple of what needs to and should be achieved by minoritation in the American Bar. In light of 'due process' be-* ty members regardless of past ing that process which you are history or societal imdue Professor Washington en- pediments. Mr. Smith has risen couraged Black people to pur- from the status of inmate to sue legal careers in order to the position of state coordinator of the NAACP prison provide competent and concerned counsel. Specifically, program. His future plans inhe encouraged taking a clude completion of degree rerealistic approach to fun- quirements in Criminal Justice damental defacto legal pro- from Long Island University, blems Blacks must resolve to and eventually attending Law School, possibly SUNYAB. To attain justice in America. Alexander Smith seemed to have had a speaker with his capture the audience, in that personal fortitude was a plus he represented a member of for the Law Day. not only the minority world, Of all the problems minority but also the inmate world at members face in getting an one of New York State's education, one of the major penitentiaries. Stating that problems which is most often there exists gross overrepresen- created by educational institutation of Blacks in 'Correc- tions is a presumption that minority members cannot achieve in an academic realm. For those who internalize this myth, Mr. Smith helped shatter the notion and encourage some to perceive that not only does the opportunity exist for minority members to achieve in the educational system, but that we definitely can, in spite of inherent biases and procedures. Mr. Smith serves as a living example of that struggle. In essence, the message conveyed by the 1980 Law Day Program was an encouraging success. Counsel For US Senate Visits UB by Steve Gabor When Billy Carter went before the American people to answer for his involvement with the Libyan government, a former UB Law School professor headed the special subcommittee which subpeonaed preceded by a regular meeting him. Mr. Michael Davidson, of the Women Law Students Counsel for the Senate, reAssociation. turned to UB Law School on The Association has been , November 3 as a Mitchell Lecformed this year to serve the turer and spoke on "Repreprofessional, social and per- senting the Senate." sonal needs of interest of Those choosing to attend women law students at UB this lecture instead of the more Committees have been publicized Javits' appearance, formed to explore child care which was scheduled at the possibilities, arrange for guest same time, were given the opspeakers and movies, create portunity to gain a glimpse inties with the community, and to this powerful, yet littleassist interested women known office. "Congressional students in attending the Con- investigatory power is overference on Women in Law to whelming, with its subpeona be held this April in»Boston. power having no limits," claimed a soft-spoken Davidson. "As Counsel for the Senate, I can be directed to do almost anything on its behalf." After outlining the authority and duties of his office, Davidson discussed the Billy Carter investigation, particularly mentioning two difficult moments the committee faced during that investigation. Davidson stated, "The public nature of this investigatory committee caused it to go into a tailspin when an official from the Justice Department surprised Carter with the revelation that two of his cohorts implicated in the Libyan con- Women Lawyers Plan Upcoming Events Erie County organization for an opportunity to women lawyers. While largely Women Lawyers of Western learn about the practical a professional organization, it New York hosted a wine and aspects of a legal career. This also offers social activities. Dinner meetings are held cheese party here last night, is a good way of finding out the purpose of which was to in- what practicing law in the real monthly, and include a panel discussion. October's meeting troduce themselves to the world means." women law students at UB The In addition, Ms. Cirbus said addressed the problem of party was sponsored by the that Women Lawyers of "Grievances Against Lawyers" Women Law Students Associa- Western New York would like how to handle them and to "help set up meetings here how to avoid them. tion. "Many graduates end up at the Law School." Women Lawyers of Western practicing law here in Erie "We would be glad to hold New York is also sponsoring a County," said Secretary regular meetings here, as well Luncheon for the Judiciary on Kathleen Cirbus, "and this [the as present discussions on areas December 4. This luncheon party] would be a good way to of interest to law students and will offer members the opportunity of meeting informally meet women who are actually arrange for guest speakers." The group has over 100 acpracticing law in the area." with members of the judiciary. "Law school tends to be very tive members and is the largest Last night's party was by Barbra Kavanaugh theoretical and there is not much of — nection were notorious drug The law library's audio-visual department held its annual Halloween-Graffiti party. From left to right, AY's Sue Cushner plants a kiss on some stiff she brought to the party, students exchange opinions as to theirfavorites among Nina Cascio's delicious baked goods, and Nina and Marc Ganz calmly discuss an overdue library book! gestions can be sent to me via Ms. Russell (Room 419). The Mitchell Lecture ComA few ideas have been mittee would like to review our floated thus far. Most involve yearly request for suggestions lecturers, although there has for possible Mitchell Lecturers been a suggestion for a debate or, perhaps, ideas for a special and another for a combined program. In addition to visitors lecture-film event. Suggested throughout the year, we lectures are as follows: customarily present The Mit1. David Reisman, author of chell Lecturer each year. This The Lonely Crowd and Inevent is a relatively big deal dividualism Reconsidered, and, with luck and planning, formerly professor of law, Bufcan be of immense value. Sug- falo Law School. 4 Opinion November 20,1980 2. Richard Barnet, author of Global Reach, to speak on multi-national corporations. Along with a film, perhaps, such as "Controlling Interest." 3. Richard Falk, professor of international relations - at author of many books and articles and, in the dim past, professor of law, Ohio State University. 4. Professor Clyde Summers, labor law professor at Perm., formerly taught at Buffalo. A Princeton, mation to Carter's attention in an executive or closed session." A second difficult moment faced by the committee investigating Carter came about because this was the first time in the history of the office an possible program might inissue coming before it proved volve changing modes of politically divisive. Davidson research and analysis in labor stated Democratic commithistory and law, including peo- teemen felt more comfortable ple such as Karl Klare and with him while Republican Staughton I ynd. Such a promembers were more comforgram could create a real table with his deputy. dialogue, and one which could Described by Professor Jim be published. Atleson as a "person who likes to try different things," David5. Carry Wills, journalist and son finds himself in the unique author, Nixon Agonistes, and a position of directing an office book on the origin of the which has its course still largeDeclaration of Independence. ly uncharted. Ideas Are Floating For Mitchell Lecturers by James B. Atleson dealers." Davidson suggested that, "a better approach would have been to bring this infor- �"Spoiler" Javits Speaks to UB Bavleann on Eve of Election Defeat by Bob Siegel It was Monday, November 3 1980 at 3:00 p.m. v 'The only poll that matters is the one on election day," answered Senator Jacob Javits in response to a question addressing his standing in the polls the day before the Senatorial election was to occur. The quote was from Harry S. Truman, the President who snatched victory from the jaws of defeat. That, however, is where the similarity ends. Senator Javits addressed a standing-room only audience in the Moot Court Room that afternoon comprised of students, faculty, and members of the Buffalo press corps. Having been a United States Senator from New York for 24 years, the longest span of time anyone has held that position, and as the minority leader of the powerful Foreign Relations Committee, Javits felt his record would speak for itself. His credentials were open to the persual of all. Senator Javits was n6t hostile or embittered at losing the Republican party nOd and at trailing in the polls. "I feel people are entitled to pass on me," said Javits, and "to have an opportunity to elect me if they will." However, Javits, added, "if they don't, I won't be mad at any of them." As a politician ready and willing/to succumb to the mandate of the people, Javits summed up the situation with elegant simplicity: "If they say it's time to quit, I'll quit; if they say it's time to stay, I'll stay." They said it was time to quit. Senator Jacob Javits ran a distant third in his Senatorial bid the next day, receiving only 11% of the votes cast. At one point while fielding questions from the press, Javits was asked if he saw this Senatorial election as similar to the race of 1970 in which Charles Coodell, a liberal Republican, and Dick Ottinger, a liberal Democrat, split the progressive vote thereby allowing Conservative James Buckley to capture the Senate seat. Would Javits' candidacy allow Nassau County political hack Alphonse D'Amato to Political Commentary Cuy by slither to victory? Javits replied that, while he saw the similarity, this was precisely why he wasn't "requesting" anyone to vote for him. "I hope no citizen of this State will vote for me out of gratitude," said Javits. The Senator, however, left no doubt in the minds of the audience as to whom he considered the second most qualified candidate. While Javits alluded to some differences between himself and Representative Elizabeth Holtzman, the Democratic candidate, on military expen- photo A grim Senator Jacob Javits reflected on his chances of victory on election eve at ÜB. stituted their support. So one have felt some sort of commitmust ask why Javits continued ment to the Liberal party. After in his quest after he lost the accepting their endorsement, Republican party backing? javits didn't want to let them ditures, he flatly stated that There are two possible down. "Mr. D'Amato waged a really answers, neither of which are But Javits forgot about the scurrilous primary campaign." acceptable. liberals who supported him for The audience applauded in Possibly Javits selfishly felt the last 24 years. He let these agreement. a need to "go out fighting." people down. And in the eyes But didn't Senator Javits Having been a Senator for 24 of many of them, Javits tarrealize that he may "spoil" the years, and after much hesita- nished a reputation previously election? Didn't he hear the tion and cerebration before held in high esteem. conservative rumblings of the deciding to run, Javits couldn't Maybe Senator Jacob Javits, electorate? Representative face being a realist. He refused in all honesty, felt that the Holtzman lost the election by to abandon a sinking ship. election would not be so close. a mere 1% of the votes cast. Feeling he would be invaluable It is possible he truly thought Senator Javits and Represenat the inception of an adhe would play a neutral role. tative Holtzman were ministration ignorant in foreign He did, however, err in his ideologically very similar. The policy, he refused to let go. calculations. same segments of society conIn the alternative, Javits may Election Results indicate Hard Work Lies Ahead which will only benefit the New York State Assembly. In New York City, "Dollar" Bill I shed no tears. Green bested Nader lieutenant On Tuesday night, people Mark Green. In the battle of huddled together to watch the the Green, "Dollar" Bill used T.V. networks tell us who won his incumbency to it's fullest the election (actually the net- extent and outdistanced the works didn't tell us the true flamboyant Naderite. story; of who gave money to Others lost close races. the Moral Majority or to the Kathleen O'Reilly, former National Conservative President of the Consumer Political Action Committee or Federation of America, lost in any of the other groups that a Michigan congressional race. contributed to the mutilation Congressman Andrew McGuire (D-N.J.) was defeated in New of the United States Senate). A tear soon appeared. I'll Jersey. Bob Eckhardt lost in journey to Washington to talk Texas. Big Business PAC's with aides to Chairman Thur- planted the seeds of corporamond of the Judicjlary Commit- tionism throughout the nation, tee or Chairman Gam of the inhibiting the free exercise of Banking Committee. Goodbye speech. As more and more goodbye con- campaign money flows into civil rights the trogloytes- these atavistic candidates, the sumer rights have arrived. more and more average people, George McGovern lost. I will start to clamor for public never liked him much, because campaign financing. Actually there is some good he stood for the ultra-liberal causes that people have come in the ousting of the> proto despise. I liked McGovern gressive Democrats. Now we for having the courage to run will have a chance to see the for President. I still hate Nixon. American, public boo and hiss I hate D'Amato too. Now I the conservatives for a change. hate Javits. Muhammed Ali The Republicans' plans are and Jack Javits both knew that repugnant to the basic tenets they stood little chance of win- of American society; if inflaning the comeback fight. At tion and unemployment conunabated, the least Ali made some money. tinue All Javits won was the right to Republicans' tenure will be say that he elected the "shame, short indeed. There are other benefits. Alphonse. of the suburbs" Javits stood for jriany good Many progressive persons, things during a lifetime of ser- formerly Burdened with vice to New York. He had a bureaucratic positions, will chance to be known as a have time to organize their legend in his time. Now all he thoughts and campaign both can be is a legend in his own locally and nationally for social change proposals that mind. All of my friends lost. On they didn't have the time to Long Island, Margiotta's thugs pursue before. Former beat up the Democrats. Karen Naderites such as Joan Burstein, an effective Public Claybrook and Carol Tucker Service Commissioner, lost to will return to the public interest world and fight from the by Marc Ganz — — — outside for constructive change. as with Therefore, everything else, there is a good and bad in this election's outcome. Reagan and the Republican United States Senate will have to be more socialism are both alternatives creative than their proposals to Reaganism, which is a comcurrently indicate. If they fail, bination of religious fervor and the American people may corporate benevolence. resort to methods that were The good in the election is formerly thought unAmerican that it is over. The hard work in style. Libertarianism and lies ahead. - Political Analysis Same Faces Return to Albany by Marc Ganz The New York State Legislature will return next session with nearly the same number of Republican and Assembly Democratic members and Senators. Unlike the United State Congress races, where Republican Senatorial and House candidates repeatedly defeated Democratic candidates for office, in the State Senate the 35 Republican seats remained Republican and the 25 Democratic seats remained Democratic. There were a few exciting In the Long Island 15th Assembly District, Angelo "Landslide" Orazio, who won the last election by less than 100 votes, defeated Adrienne Flipse (R-C) by less than 1,000 votes. Orazio is concerned in the Assembly about energy costs and serves as chairman of the Energy Comraces though. mittee. In the 16th Assembly District, also a strong Republican district. Democrat May Newburger defeated Republican Joseph Famighetti by more than 4,000 votes. There were few exceptional races in New York City. In the Bedford-Stuyvesant section of Brooklyn, veteran Assemblyman Albert Vann, running on the liberal line, is losing by less than 40 votes to Butler, a machine Democratic candidate. A State Supreme Court judge had earlier ruled Vann's name off the primary ballot because of designating petition irregularities. Vann is the former head of the Black and Puerto Rican Caucus of the New York State Legislature. In an anti-climactic election in the 57th Assembly District in the Brooklyn Williamsburg section, Roger Green (D) defeated Roy Vanacar by 10,000 votes. Earlier, Green Carl had had three primary elec- against Assemblyman Strelzin. In the first election, Strelzin lost and protested to State Supreme Court. The judge ordered a new election. The new election resulted in Strelzin winning. Green appealed and on November 2, 1980, the two candidates met for a third primary, with Green emerging victorious. There were six incumbants defeated. None of the sixty Senators were defeated and only six of the Assemblymen up for reelection were ousted from office. One of those removed via election was Stephen Greco (D-Buffalo) who lost a hard fought battle with Legislator Carol Siwek (R). tions Harvey Siwek had focused her cam- paign on Greco's concerns for New York City and not for Buf- falo. Other incumbent losers were Assemblyman Vincent Nicolosi (Queens), former chairman of the Insurance Committee, and Rovert Connor (D-Spring Valley), former chair- man of the Assembly Operations Committee. Also Andrew Virgilio (D-Rochester) lost to County legislator Dale Rath (R) after what some conceded will be the costliest battle of the 1980 election. The Republicans lost Assemblymen Nicolas Calogero (R-Utica), Arlington VanDyke (R-Middleburg), and Richard Ross (R-Westchester). The Republicans also lost a Syracuse seat vacated by Assemblyman Leonard Bersani. Friends grow accustomed to seeing each other around Albany. For the next two years, the same old faces will con- tinue to be about the Capitol. They will argue and cajole about abortion, the death penalty and other issues that legislators try and avoid. They will also debate reapportionment boundary lines for congressional and legislative races, with an eye towards the 1982 elections. November 20,1980 Opinion 5 �Record Rack Benatar and Ronstadt Top Early Ten-Best List by Mike Rosenthal As a year draws to a close, critics start to make lists. Having been a record critic for several years now, I can very plainly state that while composing this list is fun, it is also minutes worth) and not one moment is wasted. Genesis proves that art can also be pop. 6. Billy Joel Glass Houses Not his best. However, Joel does continue to experiment and vary his style. Even when he is not at his best, Joel is still — extremely frustrating. How to you rank albums of different better than most. The 7. The Pretenders genres; artists of different stature? How do you work Pretenders within the confines of a pre set Sharp, powerful, gutsy and number? distinctive. Chrissy Hynde Despite these difficulties, writes like nobody else and here I go again. Some attempt spits out the lyrics with such has been made to avoid some fire that she embodies the of the inherent difficulties physical image of sultry punk through the arbitrary forma- that her attire creates. Diana tion of several separate 8. Diana Ross categories. Albums which Her most consistently exqualify for these categories cellent album ever, Diana is (e.g.. Soundtracks, Greatest state of the art disco and sucHits albums. Live albums) have ceeds where most other disco not been considered for the fails miserably. over-all ranking. 9. Daryl Hall and John Oates Voices Coming out of a slew of dreadBest Alburns of 1980 1. Pat Benatar Crimes of ful albums. Hall and Oates Passion have suddenly pulled it all After thundering onto the together, added some reggae scene in 1979 with Heart- and New Wave flavorings, and breaker and immediately leav- recorded their best album ing all the others of the new ever. breed of female rockers biting 10. Utopia Adventures in her dust, Benatar has emerged Utopia as one of the best singers, Utopia here sounds like Todd rockers, and songwriters of the Rundgren solo. Pop artists. Sixeighties. There is a consistent, ties bubblegum almost. But textured, powerful feel to this they do it so well and it is totalalbum which no other album ly infectious. of the year has quite equalled. Mad Honorable Mentions 2. Linda Ronstadt Love Jackson Browne Hold Out Ronstadt risked a lot on this Pink Floyd The Wall album. No country songs. Joan Armatrading Me Myself I Nothing really mellow. A lot Dan Fogelberg Phoenix more fire and a lot less Carly Simon Come Upstairs sultriness. It could have lost George Benson Give Me The her many fans. It didn't. While Night there is no question that this is Barbra Streisand Guilty not New Wave, she has let the genre influence her and the in- Worst Albums of 1980 fluence does make a dif- (By Major Artists) ference. As always, Ronstadt 1. Paul McCartney McCartney and her producer Peter Asher // really know how to pick songs right for her. 3. Roxy Music Flesh + — — — — — — Blood — Always an innovator, Roxy Music here shows better than it ever has before why it was one of the most influential bands of the seventies. Their influence can be felt in Bowie's, Blondie's and the Talking Heads' work. Still, Roxy Music does whatever they do better than any of their immitators and the rock/disco. New Wave, stately ballads and dreamy ballads here are all top notch. album, the remake. Two sixties classics are covered here, and as could be expected, Roxy Music make them their own. The 4. Bruce Springsteen — River The consummate lyricist ofthe seventies finally achieves the same knack for melody as he had for lyrics. This album is the strongest he has ever released. The wait was well worthwhile. 5. Genesis —J)uke The sound here, while pure Genesis, is more accessible than ever. The lyrics are more down to earth. The album is chock full of music (over fifty Opinion 6 . Morn Graham Parker The Up 5. Dave Mason Old Crest On A Escalator New Wave David Gates Falling In Love 6. Utopia Deface The Music Again 7. John Stewart Dream Babies Cheap Trick All Shook Up Go Hollywood Heart Bebe La Strange 8. Eric Carmen Tonight You're The Knack But The Little Girls Mine Understand 9. Judy Collins Running For My Life Miscellania 10. Chic Real People Best Live Album Kenny Log- Dishonorable Mention Andy Gibb After Dark November 20,1980 gins Alive — Worst Live Album One For The Road — The Kinks Summer Walk Away Fame Best Soundtrack Worst Soundtrack Can't Stop The Music Best Single Ambrosia Biggest Part Ot Me Worst Single The Sugarhill Gang Rapper's Delight Most Promising New Artist Christopher Cross Least Promising New Artist Kurtis Blow Comeback Of The Year John Lennon — — — — — — — Book Review White Album Depicts 1960's by Peter Bergenstock Joan Didion says in The White Album that "we tell ourselves stories in order to live." We need to impose some kind of structure on the world to explain it — without stories we are lost and confused. The White Album is about the structureless America of the late 19605; it is also about Di dibn's own experience with the fear and neuroses that result when all moorings slip Didion was a journalist during the 19605, an eyewitness to various reform movements. She sees the revolutionary spirit of the time as more aimless and selfish than idealistic. Black leaders like Huey Newton and Eldridge Cleaver were expert media manipulators, often less than honest with their followers. Covering campus disorders at San Francisco State, Didion The New Right that arose during the late 1960s was not based on any sense of tradition or individualism; instead it was simply a reaction to the disorder of the times. Led by bland figures like Ronald Reagan, the New Right lacked both style and substance. Didion gives insight into the character of those who were part of the New Right in her description of the California governor's mansion built by Ronald and Nancy: "It is an enlarged version of a very common kind of California tract house, a monument not to colossal ego but to a weird absence of ego, a case study in the architecture of limited possibilities. .. as devoid 0f... personal eccentricity as the lobby in a Ramada Inn." The instability and lack of real commitment or leadership that defined the 1960s affected the individual as well as socie- found middle-class students ty in general. Didion points to eager to be radicals, but their those whose response was ninety Californians, enthusiasm was more in the foolish spirit of fun than of conviction. fearing an earthquake, were Loophole© Roxy Music also adds another facet to their repertoire on this — Anne Anne Murray Somebody's Best Greatest Hits 2. Bob Dylan Saved Murray Greatest Hits 3. Elvis Costello Get Happy Waiting Worst Greatest Hits — Donna 4. Neil Diamond September Commodores Heroes by hal malchow — ready to follow a Pentacostal preacher to the backwoods of Tennessee. She also points to the growth of a sinister netherworld. The voice at the door who answered "Chicken Delight" might be Charles Manson. During the late 19605, Didion herself grew to fear that stranger at the door. Her fear became an obsession with the morbid and the dangerous. She writes of her preoccupation with visions of "children burning in the locked car in the supermarket parking lot," of freeway snipers ancf "sullen lurkers in doorways." She came to doubt all of the stories she had grown up with. . r Didion does not say whether her mental imbalance was a response to societal disorder, or just due to her own "bad nerves", nor does she make excuses for herself. She just presents with unflinching honesty her own story, and the story of America during those troubled years. �Pep Talk They're No Quacks! Ducks Win Softball Title 7-3 by Joe Peperone fi then hit a line drive down the Peprone left field line for a home run. Led by strong infield play Team 5 pitcher Al Bozer got and t,he seven hit pitching of the next three batters out, but Nancy "KO" Caple, the Ducks the damage was done. won a convincing 7-3 victory The first year players did get over Team 5 in Saturday's Layir within one run in the top of the School Softball Championship fourth, however. Eric Bery Game. tripled to right field to lead off Offensively, the Ducks were the inning, and scored as Al led by Tony Scime, Dale Clark, Spears grounded out in a close and Tim "Ali" Costello as they play at first. With two out, took the lead in the first inning Batista singled up the middle. and never trailed. The trio ac- The next batter. Ken Hiller, counted for six of the Duck's single to right. Costello, inright nine hits in the contest. Bill field, appeared to bobble the Bozzuffi added a massive ball and Hiller tried for sehome run to left field in the se- cond. But Costello's perfect cond inning with one man on. throw to Dale Clark covering The two runs proved to be all second got Hiller, ending the Joe by • phot s all "Get off +rv<<t- b**e., VtA C/wuw-iV Sports Quiz Answers 1. c. Billy Williams FCrOCioUS Crviprvumk to Holds to«"ih|y buttfUyer1 tSJIA fort. 2. 3. 4. 5. 6. Bobb\ Burnett a. Hank Aaron — ' 1966 Jack Kemp 755 — Hank Aaron CLJ. Simpson was part of a relay team which set a U.S. performance to Beverly Sills world record in the 440 yard last week. 1967. The record still * The -rhrid o$ victory ... (p* e-f the the freshmen players. In the bottom of the first inning, the Ducks had a"two-out rally. Scime hit a long triple to right field, and scored on Clark's double to left.Gostello then hit a triple to score Clark and give the Ducks a 2-0 lead after the first inning. Team S tied the game in the second. With one out, Keith Bond singled to right field. Mcl Batista then hit a sharp grounder that was bobbled at third. Bond came all the way around to score on the late throw, and Batista went to third, later scoring on Ken Hiller's single up the middle. Caple got the next two batters to fly out to end the inning. The Ducks took the lead for good in the bottom of the second. Doug Johnston, the oi/Ackfcrs) Ducks needed to sink Caple mowed down Team 5 in the seventh to end the game, amidst screams and duck calls. The team celebrated with a few bottles of Cold Duck and then proceeded to wreck a few chairs at the victory party. The only post-game casualty was said to be one C. Trapp, from Alden, N.Y., who slashed his wrists for unknown reasons. So the 1980Law School Soft — first when the third strike got past the catcher. went to - Griffin and 3 7 Students Are Named to PAD Courtroom on Wednesday, October 22, 1980. In addition to Mayor Griffin, the Fraternity 4.J«iy *f ihe -Pettf inning. Ali claimed the bobble was intentional, to entice the runner to try for the extra base, but intentional or not, it worked, and Team 5 had lost their best chance to take the lead. Duck's captain and spiritual Costello also provided the advisor, singled to center to heroics in the bottom half of lead off the inning. Bill Bozzuf- the fourth, by hitting his second triple of the game and scoring on Johnston's fly out to center field, increasing the Ducks lead to 5-3. Team 5 had their last gasp sixth. With two out and the in men at first and second, Keith Bond hit a come-backer to Caple. Her throw took an agonizingly long time to get to first base, but it got there in time to get the batter and end the inning. The Ducks scored their last two runs in the sixth. Scime doubled to center field and scored on Clark's single, Clark going to third on a bad throw. Norm Parratt, who had gone in for Costello in the fifth, then scored Clark with a single. Norm's RBI hit was especially ü bjktk do t*- M€<m satisfying to his cheering section, which had arrived at the game fresh from their back-up 8. d) Reggie Leach (80) 9. c. Hank Aaron 10. 4— by many pitchers one of the strikeout victims 11. Bill Terry, N.Y. Giants .401 in 1930 relay in 12. Pete Gray, St. Louis Carstood in i976, when it was an- dinals during WWII. nounced that world records 13. Carl Yastrzemski, Boston would no 'onger be recognized Red Soxs 1967. unless they were for/metric 14. Stan Mikita distances (except the mile). 15. All have competed for 7. Chicago Cub Fans have the U.S. in the Summer Olymwaited since 1908. pics. Buffalo Mayor James D. Griffin was made an honorary member of Phi Alpha Delta Law Fraternity, International, at a ceremony held at the Buffalo City Court Ceremonial ... KorHe/f" initiated thirty-seven student members into the Carlos C. Alden Chapter here at SUNY Buffalo, the largest group of inductees in the Chapter's history. Dean Thomas E. Headrick, Alden Chapter Faculty Advisor. Honorary membership in Phi Alpha Delta requires that the individual work in a lawrelated profession and have a state-wide reputation. Mayor Griffin, as mayor of the second largest city in New York and a former State Senator, was a unanimous selection for honorary membership by the International Executive Board. Other Alden Chapter honorary Justice Ron X. Winter 111 members include Matthew J. presided over the ceremony Jaseh, Senior Judge of the New and was assisted by Alden York State Court of Appeals, Chapter officers Tanya William J. Regan, Erie County Harvey, Mary Walterich, Jean Surrogate, and Dean Headrick. Maess and Stu Ball. Noted The Alden Chapter will be secret to success, why did they guests included UB Law holding another initiation next make it, while others failed? graduates Frank Sedita, Buf- Spring. All interested students Perhaps Bill Bozzuffi summed falo City Court Judge, and are welcome to stop by the Joseph A. Tringali, PAD PAD office (Room 506, it up best: "Clean li» ing." District XIV Justice, along with O'Brian) for more information. ball League is history, with the Mighty Ducks, the "Orange Crush" waddling through the season undefeated to the championship. What was their Moot Court Competition in Boston by Michael Colnes Last week, three members of the Buffalo Moot Court Board traveled to Boston to participate in the Thirty-First Annual National Moot Court Competition. .Third year students Paul Ricotta, Pat Jayne, and Michael Colnes competed against teams from twelve other law schools from Vermont, Maine, Massachusetts, Connecticut, and New York. commodities regulation. Participating teams submitted appellate briefs representing either the petitioner or the respondent in a fictional case. The issues involved are currently before the United States Supreme Court in Curran v. Merrill, Lynch, Pierce, Fenner and Smith, Inc., 622 F. 2d 216 (6th Cir. 1980), Cert. Granted October 7, 1980. Each team then argued orally in two preliminary rounds, once on behalf of the petitioner and once on behalf of the responpresented questions in the dent. The most successful areas of securities law and ■ teams based on an evaluation This year's competition of the briefs and the oral arguments advanced to a quarter-final, semi-final, and final round. The two schools represented in the final round will meet the winners from the other regional competitions in the National Finals in New York later this fall. Although the ÜB. team was eliminated early in the competition, they scored very well against the other participating schools. The Moot Court Board members argued against students from Suffolk Law School and Boston College Law School. November 20, 1980 Opinion 7 �Political Satire Reagan Gives Thanks to US in Unusual Manner by J. Lawrence Herzog Ronald Reagan, clad in Western Garb, mounted his horse. Inflation, and galloped onward to the polls. "Hi-yo Inflation Away," said Reagan as Nancy coyly wrapTied her right arm around Ronald's waist to protect her life and securely wrapped her left hand within his wallet to protect her Bloomingdale's card. Waving to a jubilant crowd of supporters, Ron and Nancy dismounted. As they entered the polling center Ronald was asked to kindly check his coat and the voodoo doll that he had been toting about for the last week. Nancy was requested to check her 200 lb. box of cue cards which she had been toting about for the last 26 years. So as the polls opened this November 4th, Ronald Reagan, confident and smiling, waved to all of America. It was slightly past noon the following day when I received an unexpected phone call. "Hello Lar, Ron Reagan here. I want to give thanks to the American people for casting me in this part as President of the United States. I want to indicate my sincerest hope that under my administration as opposed to the former, that although within inaction there is "action", my administration will show that action means action. In other words, Lar, actions speak louder than words. "That is why I want you to hear these words and take ap- propriate measures to insure the American public that it is they I want to thank as voting for Bonzo, a chimpanzee, in one of Reagan's films entitled "Bedtime for Bonzo." Reagan always impressed me by his ability to handle directors, producers and chimpanzees alike. He literally and figuratively had Bonzo eating out of his hands. Bonzo, Ronald and myself developed a relationship which was to endure forever. Incidentally, a point to note is that Reagan slept with Bonzo years before he slept with Nancy. A point of fact which needs no further elucidation. Well, anyway, here I was delegated by the Presidentelect to thank the American people on his behalf. What was I to do? I could have had thank-you cards printed up but I knew that Ron intended to cut government spending. I thought I could use the leftover cards from my four brother's Bar-Mitzvahs but soon calculated that Reagan had won by a landslide and there were only 400 cards left over. Besides, the cards were yellowing with antiquity and had Stars of David printed on them. Secondly, I thought I would invite all of America over to my housefor dinner. A thought which left as quickly as it entered for the obvious reason that such free meals might be equated with food stamps and other welfare programs which Ron may not be so keen on. Indeed, the task appeared insurmountable, when an idea resonated throughout my cerebrum akin to the piercing, distinct tinkle which sounds in the ears of a broker at 4:00 p.m. on the street.Thanksgiving was rapidly approaching and if I could only tie in Ronald .Reagan with the Pilgrims it might mean a cents less per gallon of sublime aura. gasoline. The Reagan Administration Thanksgiving has always will place its emphasis j>n been my family at home and private sector development of everyone engaged in lively oil, coal and nuclear energy. conversation. My father, a Last, but not least. commodities broker, always Thanksgiving has always taking charge. security. Peace and harUnder the Republican Ad- meant its zenith. ministration Reagan has vow- mony at privation. The American people have ed to bring down inflation and The aerospace and weapons had four years of struggle and interest rates. He has alluded industries should benefit from to increasing the possibility of Reagan's emphasis on a U.S. privation under the Carter administration. Perhaps Ronald giving the dollar a gold back- arms buildup. What this means Reagan will harvest all of our ing. is very uncertain. All this adds up to a distinct hopes by cutting down taxes. Does it mean Thanksgiving He promises individual tax possibility that cranberry 1981 in Moscow? Does it meant be cents relief and accelerated sauce might a few social (atheists and agnostics may participate) appointed by proclamation and held on the last Thursday of November. The first celebration was held by the Plymouth Colony in 1621 in thankfulness for their first harvest in America after a year of struggle and cheaper on Thanksgiving Day depreciation for business. Thanksgiving has always 1981. Thanksgiving at my home created a mental icon of a hot turkey with all the fixin's on has always found my family sipping hot apple cider by the the table. Mr. Reagan is expected to fireplace. The warmth embrace a general policy of permeating from the hearth as free world trade. Perhaps we well as from my family (not to could trade a few million tons mention the contents of the of turkey to OPEC for a few hot apple cider) created a - Reagan Victory a Cause to Hide? food. Besides, it won't be forever. Just until 1988 or so." "How is that?" I asked. I paid a visit to my friend' Irving the other day to see how "Simple," he said, his voice he was taking the outcome of- picking up vigor. "These rightthe election. When he failed to wing conservatives will be so answer my repeated doorbellbad in office that there will be ringing , I became worried. It a great liberal revolution in by Alan Beckoff evening and Irving always stayed home to watch "Sherlock Holmes Theater." I asked Sidney was Saturday Fields, his landlord, to let me into the apartment. "I'm glad you came by," members of the Academy of United States Citizens. Thank them for casting me in this role. Thanks buddy, and HAPPY TRAILS.. "Click!! I was completely overwhelmed by the call. I knew Ronald from his days in for divine goodness. It is an an- quiet voice, "Irving?" Hollywood. I was hired to care nual festival, religious and "Who's there?" he snarled. "It's me," I replied. "Why Public Service? did you lock yourself in the by R.W. Peters (alias Escarole Lad) the night before your second exam and spend five hours window shopping. Yessiree, First Year students, 5) Refuse to buy Emanuel on finals time is fast approaching. Civil Procedure, because it's I'm sure more than a few of "too expensive." you out there are getting 6) Stay out until four a.m. mighty nervous about these quaffing frosty lagers at Well, me upcoming exams. let tell you this there is ab- Checkers the day of the solutely nothing to worry Criminal exam. about, as long as you closely 7) Sit next to someone with adhere to the proven R.W. chronic, audible post-nasal Peters' method of exam drip. preparation, as follows: Admittedly, this technique 1) Leave everything to the may not work for everybody. last minute. There are those drones out 2) Get yourself so worried there who have read all of the sick the night before the first material, and believe that a exam that you have to drink good night's sleep prior to a half a bottle of bourbon to get four hour exam is desirable, if to sleep. not necessary to ensure op3) Go into your first exam timum performance. I certainly can't speak for these inwith a brutal hangover. 4) Go to the Boulevard Mall dividuals. bathroom?" "You saw the election returns last week. I'm not coming out until things are bacfTto normal." He sounded disconv/\ solate. v I kept my voice even. "You can't stay in the bathroom forever, Irving. And how can you live in there?" "I stocked up on plenty of magazines and freeze-dried this country. But it's going to take time. So I'm staying right in here until then." "Look, Irving," I retorted, "it wasn't all that bad. The House still has a Democratic majority. Barry Goldwater almost lost." "So what?!" he bellowed. "I didn't mind Reagan's winning so much, but I had hoped that the Senate would be a strong Opinion November 20,1980 extreme. "Look at it this way, Irving. With these people in power, law school will be a breeze. No more Miranda rule. No more estate and gift tax. No more administrative law/ There was silence on the other side of the door. I continued, "And think of this, Irving. There's going to ,a big shakeup of the Senate committee staffs now. They'll all be hiring new counsel. Of course, since the new Washington ideology is so antithetical to yours, you certainly wouldn't want to work for ." Suddenly the bathroom door opened and Irving emerged. "You convinced me," he said. "I can't stay in there for eight years. Now ifyou'll excuse me, I've got some typing to do." . counter-weight. Now it's just a tool for NCPAC and the Moral Majority." "Why don't you do "You're going to write "prosomething constructive for the test letters?" I asked, happy next few years?" I implored that I had gotten through to him. "Instead of sitting in the him. bathroom you can be out there "And jeopardize my working against those people. chances for getting a job? Are You can write letters and you crazy? I'm sending our organize demonstrations." resumes!" "It wouldn't do any good," I was incredulous. "But I he replied. "They're loaded was only kidding, Irving! You with money. Besides, they'll mean you would' work for/ probably hold a constitutional Jesse Strom Helms? convention and repeal the First Thurmond? Paul Laxalt?" Amendment. I'd rather spend But it was too fate. As Irving eight years in the bathroom typed out a letter of conthan in Attica." gratulations to Al D'Amato, I Employing reverse went into the bathroom and psychology, I decided to carry locked the door behind me. Irving's argument to its logical — 8 , Political Satire Fields said. "Irving locked himself in the bathroom last week and the rent is overdue. If I have to break down the door to get him out, he's gonna get charged for it. Maybe you can talk to him." As I usually do, I decided to use the subtle approach. Incabinet position. Thanksgiving Day is a single stead of pounding on the day set apart for giving thanks bathroom door, I asked in a "RW Method" Offered to Novice Examinees Thanksgiving 1981 in Teheran?C Or does it mean Thanksgiving!* 1981 as usual in Buffalo, New York or Plains, Georgia? Whatever happens remains to be seen. In any case, I'm still going to vie for the drumstick unless I must come to the table with my musket and fife as well. The Hispanic. Asian and Native American Law Student Association (HANALSA) will bold thoir fall orientation get-together party on Saturday' November 22. i960 at the "Rod Room" of the Faculty Club In Harriman Hall. Main Street Campus. • • * * But for the grace of Cod, I could have been a gobbler! Happy Thanksgiving to all you turkeysl Music and Drinks will be provided � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-11-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/20/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/90a5ac7a0d3a96a3db6c7aee7a89e651.pdf 828a32618afb85373c4775646d7c68c2 PDF Text Text A Tribute to Chicken Wings: k^iW* Carrick Appointed Assistant Professor of Law by Linda Cohen and linda Sinclair Ba len Van leen Carrick, newly appointed Director of Law Library and Assistant Professor of Law. Non-Profit Organization US Postage PAID Buffalo. New York Permit No. 708 Guy Kathleen Carrick was appointed Director of the Law Library and Assistant Professor of Law on July 1,1980. The appointment was jointly announced by Saktidas Roy, Director of the University Libraries, and Thomas Headrick, Dean of the Faculty of Law and Jurisprudence. Volume 21, Number 4 continued on page twelve Opinion Opinion ["Only the apathetic have no opinion] Both expressed enthusiasm over the results of the extensive national search which recommended Ms. Carrick's candidacy. As Director of the Law Library, Kathy (as she prefers to be called), will be one of the senior administrators in the University Libraries system. The Law Library serves the John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 Happy Halloween! State University of New York at Buffalo School of Law October 30,1980 Headrick Exposes Curriculum Decision Process by Mike Kanaley "nice to have." Courses of this tions" One of the problems in type are'not taught every year, instituting courses in these In the midst of controversy instead they are offered areas is getting teachers who surrounding the deletion of an perhaps every other year. have experience in either the upper-level course in New York Whether or not these courses public or private sector. Practice, and the inclusion of a are offered often depends on Another of Headrick's confirst-year required course in the availability of personnel to cerns is not so much with what ethics, students want to know: teach them. is offered, as with what is acOn what basis are curriculum The final course group is cepted. "Too many students decisions made? Who makes that of the seminars, which tend to congregate in too few the decisions? What courses Headrick terms "particularly courses. We in the administracan we do without? What areas useful." He says "the seminars tion and faculty need to find of the curriculum can be allow the teachers to explore ways to get students to diverstrengthened? interesting problems that may sify-*tieIfc hoi c es." Dean Thomas Headrick says be on the outer fringes of some Associate Dean Barry Boyer "the Currriculum is built larger course." In addition, the cites a need for more courses. around three or four different seminars are sometimes tied to "Students should have a wide course concepts." The first of a teacher's research or area of enough course selection to these concepts is required personal interest. In making up the curriculum courses. Currently all required courses, with the exception of there are two general proposiFederal Income Tax, are taught tions which are controlling. in the first year. Headrick says "The first," says Headrick, "is by Marc Ganz the required courses are that faculty should teach only generally thought to be '"cen- what they want to teach. The tral to any law school ex- corrollary to that is that they There is deep division among New York law schools on the subject of the New York Practice course. Every law school in New York State was surveyed, and there is a split between the so-called "stateoriented" and "national oriented" law schools. Schools with well known lecturers in C.P.L.R. defended their programs. Albany's Dean Richard Bartlett said, "Law Guy Van Baalen Dean Thomas Headrick students need good grounding perience, courses to which all shouldn't have to teach what in practice and procedure. It students should have some ex- they don't want to teach. The doesn't make sense to work posure." He also points out second is that it is the dean's with lowa's or another state's that tradition may play a large responsibility to assign statute. New York's is the most part in deciding which courses courses." comprehensive." Dean Bartlett are required. With all of that in mind, and, noted lecturer David The second basic course Headrick mentions a couple of Siegel both teach the New area is that of the courses areas into which he would like York Practice course at Albany which are offered fairly con- to see the curriculum expand. Law School. stantly and which have 80-90% "I think we ought to expand Contrasting with this posifaculty support. Headrick our offerings in the regulatory tion is Hofstra Law School's Dean Regan, who says that the categorizes another group of areas, including transportaschool hired Professor Siegel courses as those which are tion, energy, and communica- Associate Dean Barry Boyer. enable them to set up a sensi- Guv Van Baalen can do just that. The variety of ble progression of courses courses in that area, he says, within a given area of allows a student to plan a two- interest." He points to Tax as one such area where students continued on page twelve Split on NY Practice is Shown last year but then dropped the school, we oppose a New York course, after a "faculty deciPractice course." sion." Dean Regan related the Every other school in New faculty's position by stating York State gave a course in that "the detail makes the New York Practice. Most course inappropriate to third catalogues list the" course as a year students. If they want the comprehensive study of the detail it can be picked up CPLR and its relationship to through personal study or substantive law. through a bar review course." Most school's spokesperHofstra does have an advancsaid that there was a ed civil procedure course sons tremendous demand for the which is entitled "Selected Hofstra's Dean Regan Problems in Civil Procedure." course. a gave possible reason for the The course compares New demand. "There is a placement York with Federal procedure, anxiety as students but does not overlap with caused areas covered in first year civil want equal footing with students from schools that procedure. teach New York Practice." He Columbia and Cardozo Law added that "Down the road, Schools both give outside they will have learned New courses, at an extra cost. A spokesperson for Cardozo said York Practice and more, and "We don't feel it is a central have parity with other part of the curriculum." He students." later added, "If we put this Albany's Dean Bartlett concourse in, next students will cluded by saying, "We don't want a New York EPTL course see it as parochial but rather as instead of a general wills and practical, to teach New York trusts course. As a national law Practice." # �President's Corner OpiniOn Vol. 21, No. 4 \ •V October 30,1980 Edward M. Sinker Editor-in-Chief 9^^^ JeSmW Managing Editor TA'l > Photo Editor: / Business Manager: Marc Ganz Ralph W. Peters Michael Rosenthal Guy Van Baalen Amy Jo Fricano © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Support For Holtzman Opinion completely endorses Elizabeth Holtzman in the upcoming Senate election. Ms. Holtzman has been a shining example of what an honest politician can accomplish. She has fought the party hacks throughout her political career. She has forged a strong coalition between the New Left, Liberals, and centrists. She is a tireless worker, a tenacious fighter, and a courageous spokesperson for the middle class and have-nots. Holtzman also gets things done her legislative record is a model of progressive achievement. She is that rare sort of politician who seemingly is motivated entirely out of public-mindedness. Alphonse D'Amato, the Favorite Son of Nassau County, "the Shame of the Suburbs," is a more familiar sort of politician. He owes much of his present political success to Joseph Margiotta, Republican Party boss of Nassau County, who recognized a good hatchetman when he saw one, and elevated D'Amato to the position of Hempstead Town Supervisor. From this seat, he participated in one of the more shameless county governments in the United States. The swindles, kickbacks, and porkbarrelling what has proceeded apace during the eight years of Ralph Caso and Alphonse D'Amato would make Ulysses S. Grant blush and Marcy Tweed itch. Patronage has been elevated to a high art. This political background Mr. D'Amato will bring to the Senate if elected. Mr. D'Amato is precisely the type of crawly thing that Nelson Rockefeller kept hidden under a flat rock during his long reign as titular head of New York's Republican party. With Rocky's inopportune death, D'Amato has slithered out from under and taken on Senatorial aspirations. The Opinion does not believe that Alphonse D'Amato belongs in the United States Senate nor do we agree with his politics. He lacks the independence, the integrity, and the experience required. Also reflecting this year's Senate race is the unfortunate decision of Jake Javits to continue in the fray as the Liberal Party designee. This futile last hurrah of Mr. Javits could possibly result in the classic Ottinger-Goodell split, which thrust James Buckley into the Senate in 1972. Only in this case, the Republican candidate is not the scholarly and upright Jim Buckley, but the knavish and opportunistic Alphonse D'Amato. Opinion implores those who are considering voting for Javits for sentimental reasons or out of habit to reconsider, in view of the possible consequences. — Those seeking to place classifieds in the Opinion may put copy in the envelope outside of Room Afjft 623. *% 2 Opinion by Bill Altreuter I've been heartened by the of interviewing for Faculty/Student committees conducted by the Appointments Committee for the SBA. After all my bitching about your disinterest, I guess some sort of apology is due. Over the course of those two days I was privileged to meet a substantial segment of the school that cared enough to want to go to work. It was heartening to see that the committee spots were so two days Admissions Sylvia Fordice* Pat Dooley Appointments Self-Evaluation Bill Altreuter* Dalton Earl Pfeffer Jean Maess Matthew Modica* Scott Oakley Doug Johnson Steve Gielowski Student Representataive to Faculty Meetings Mitchell Lecture Academic Standards and Standing Rosemary Bis Marc Ganz* Academic Policy and Program Lori Marian* Ed Flint Tom Catalano Linda DiTina — — Dale Clark Glenn Pincus Greg Leslie Wolfe* Dorrie Benesch* Mark Reisman* Karen Leo Wayne Budget and Program Joe Ruh* Steve Gabor. Hallee Day Art Williams Special Program Ward Oliver* Otis Arrington Angela Reyes Edgar B. Halford . John Zeigler Barski ,',,', Bill Altreuter* Andrea Polvino Nancy Hamburg Sub-Board , , Alan rtdsenferd* Matthew Modica* (alt.) Library Bill Altreuter* Mark Warren Elizabeth Freidman Permanent Appointment for Bell? Student Input Receives Weight Dear Law Student: relationships with peers and your assessment of Professor colleagues, evaluation results Bell's teaching ability, his This year. Associate Pro- and publications are critical knowledge of the subject matfessor Bell will come before elements in the Committee's ter, and his interpersonal relathe Promotion and Tenure decision. tions with students. If you have Committee which will deterMay I ask you to write a legi- read his published articles, you mine whether he will receive ble and thoughtful letter to the may comment on them. permanent appointment. This convenor of his committee, Thank you, in advance, for process applies to all faculty William Greiner, care of Ms. your kindness and care as you members at various stages of Jan Jung, Room 317, O'Brian. help in the evaluation process. their careers. The letter must arrive by OcSeveral factors enter into tober 31. It must be signed by Allan L Canfield the decision process. Student you. Assistant Dean for letters, faculty assignments, The letter might include Student Affairs Opinion will, until Wednesday, November 5, accept nominations for the position of Business Manager on theEditorial Board. Interested students should submit a card indicating their name andphone number to room 623. Cards may be left in the envelope outside Opinion'! office door. The election will be held at the next Editorial Board meeting scheduled for Thursday, November 6 at 2:30 p.m. ALL CANDIDATES RUNNINGFOR BUSINESS MANAGER SHOULD A TTEND THIS MEETING. Those students having questions as to the duties ofBusiness Manager may contact any member of the Editorial Board. Our phone numbers are listed on the Opinion v door. October 30, 1980 ject. I promised to initiate that demonstration by making committee appointments which would enhance our credibility as serious students. Now, serendipitiously, I can report that our primary interest, as evidenced by the interest in APPC, is in the formulation of our curriculum. There is a lot of ground to be made up, but it is becoming more difficult to regard our interest and commitment as anything less than serious. Elsewhere in this issue of Opinion is a list of student representatives to the Faculty/Student Committees. Get to know these people they were selected for their accessibility to you all as much as for their other qualifications. We owe them at least our interest in exchange for their dedication. To as great an extent as possible I will try to serious in our commitment to keep you all informed of the the academic, as well as the activity within these commitsocial complexities of the sub- tees through the SBA minutes. — Staff: Doric Benesh, Joe Peperone, Alan Beckoff, Melanie Pierson, Laurie Gross. Contributors: Bill Altreuter, Frank Butterini, Linda Cohen, Steve Gabor, Mike Kanaley, Ray McCabe, Percy Randall, Linda Sinclair, David Nelson. by so many qualified people. It was heartening to see that the committee slots which were the most sought after were the slots which have the most effect on our lives as law students. Far and away the most popular committee was the Academic Policy and Prothe first or second gram choice of the vast majority of the applicants. My sole regret was that so many exemplary individuals had to be turned down. There is, I think, a tendency on the part of the faculty and the administration to regard us as frivolous concerned only with sliding through here with as little resistance, or interest in the intellectual rigors of the law, as possible. However, one of my goals when I finally got to take on this job was to demonstrate that we were sought after >C>(E^ Bob Siegel News Editor: Feature Editor: Feature Editor: Primary Interest: Curriculum Student Committees Filled $$$ NEED MONEY?? $$$ Opinion is hiring salemen to sell advertisements. 15% commission FLASH!!! Are you creative, poised and able to see 20/20 with your eyes closed? If you are, you may have the attributes of a great News Photographer. The Opinion is looking for feature and news photographers. If interested, please contact Guy Van Baalen, Photo Editor, at 636-2107 or come to room 623. ■ �Room for Improvement in Quality of Seminar Papers by Frank Butterini If you would not be forgotten when you're dead and rotten either write things worth reading or do things worth the writing Ben Franklin "Today's papers don't have the rigor needed in a quality law job. They're not creative; students are not prepared for them," declared law professor Marshall Breger in a recent conversation on law seminar papers. A seminar paper, for the uninitiated, is a requirement for every law. student, representing a student's obligation to undertake a supervised, extensive legal research paper. The paper is the outcome of a one semester three credit course designed to train students in developing efficient research and writing skills with priority given to the analysis of the substantive law within a specific legal area or issue. The nature of a seminar paper is akin to a law review note. In a search for a definition of a seminar paper, the law school faculty of 1960 went on record as seeing it as an integration of case and — statutory materials critical examination rules and institutions in a legal area along with a of legal involved with the relevant contributions of other disciplines. "Students aren't inculcated in such skills over'their three year stay. There's a need for a tradition," continued Breger, "a need for more writing in classes, for more rigor, ih.the writing." Professor Jacob Hyman, a in a lack of writing skills." Boyer feels that today's student is better able to recognize passing hall-way soul during Breger's declaration chimed in, "there's a lack of intensity in the research, a lack of 'pickand-shovel' committment to going down and exploring possible new areas, of accepting the fact that you perhaps may hit dead ends" Messieurs. Breger's and Hyman's comments were made against the backdrop of Rockefeller Foundation report, released earlier this month, warning that the educational institutions in this country are overlooking their task to develop 'critical thinking' abilities in their students. The entitled "The report, Flumanities in American Life," views the student shift away from the humanities as leading to the inability of graduates to make critical judgements about ethics and social policy, understanding diverse cultural and social situations and making connections between past and present circumstances. Dr. A.D. Van Nostrand of Brown University commented, "The degeneration is in the quality of ideas and the ability to convey them in writing. There is an inability to shape a coherent paragraph." Van Nostrand goes on to cite the lack of evidence and illustration, an absence of logical argument and organization and an inability to complete thoughts as the new horrors. the administrative and prac- tagmenic approach emphasizes a method of grounded argument through the use of a pscyho-analytic approach. It is essentially aimed at developing an internal socratic dialogue with ourselves, of the ability to recognize and question our implicit assumptions and values that define our facts on an issue. This approach in rhetoric is based on the realization that recent attempts at defining a liberal education fit for today's world, have defined a number of kinds of knowledge and understanding that must be studied. Most views have identified synoptics, the ability to synthesize perspectives, and symbolics, the ability to grasp and use symbols, as two basic components of a comprehensive, well-rounded education. Locally, there have been suggestions that the three credit seminar requirement be extended to a full-year, five or six hour requirement. A review of the Law Archives reveals a shift of sentiment between these two views over the years. But the practicality of the matter, and a view shared by Messieurs Breger, Boyer and Hyman, is there is simply not enough time for the faculty to even deal thoroughly with the tical problems in applying a Wheeler doesn't stop there. rule of law, or mandated pro- He notes standardized tests gram, yet lacks "structure and expression" in communicating these views. This is pretty heavy stuff when you consider the act of writing is especially important in the field of law, for the law relies on persuasion, rather than violence or other material inducements to reach tentative conclusions. Thomas Wheeler irthis book The Great American Writing Book (Viking Press) cuts through a thicket of possible mass culture laxity traps and lays the blame for the communication deterioration at have also eroded reading ability. He cites the continual drop in college entrants' SAT scores, particularly in verbal skills, which experienced their largest drop among college entrants of the mid-19705; the bulk of today's law school population. Wheeler deplores the widespread priority put upon the standardized tests, seeing fix," declarthem ing that the> market place has revolutionized American Education more than any education theorist. The Rockefeller Report urges that colleges try to bring the feet of tests. Wheeler contends the order and coherance to the widespread use of objective, often chaotic undergraduate choose-the-answer tests has. curriculums, and urges that had the greatest impact on the elementary and secondary indecline of writing skills. He stitutions steer away from colpoints out that the SAT has lege board preparation and the replaced written essays as the seeking only a "bare minimum prime college entrance re- of literacy" and aim towards a quirement. Wherein SATs were broad, if less measurable, task once a suplement, they now of teaching students how to are the priniciple target of think. high school English courses. High schools now ask for less writing. He goes on to spread the blame, saying universities, by their reliance on GREs, SATs, LSATs also bear a responsiblity for the writing erosion. Barry Boyer, chairman of Wheeler notes every year college or graduate schools will ÜB. Law's Academic Program Planning Committee, echoes * congratulate themselves for Van Nostrand's view, "The pro- recruiting an entering class blem is not in analysis, but lies having board scores exceeding .. the national average, and yet by mid-September administrators are disillusioned by poor performance in class. many Recent directions in the area of rhetoric have been aimed at developing a "tagmenic approach" to argument and communication. Rhetoric, as conceived by Aristotle, meant the art of finding the available means or persuasion for a particular case. As opposed to its lobotomized, popular conception which is usually applied to superficial political "dialogue," rhetoric's present three-credit, one semester requirement. In the face of these slack resources, all three look to the revised first-year research and writing course as an important means of organizing thought and writing and setting the stride for a rhetorical rigor they see as lacking. Deitz to Teach Securities Regulation in Spring by Edward M. Sinker quick and easy dollar "I instruct, but we all teach each other!" exclaimed securities expert Roger Deitz in reference to his upcoming securities regulation course, which will be offered in the Spring. Deitz, at the request of Corporate Law Professor Michael Schaeftler, left his New York City firm to visit UB Law School for a day. Deitz spoke to a group of students about the ramifications of securities regulation to small and large businesses and whetted academic appetites for his spring course. This will be Deitz' fourth year teaching at UB Law. He will commute from New York City once a week to teach the Saturday morning course. Deitz, despite a basic one-daya-week schedule, plans- to make himself available to students by holding conferences and accepting reverse charges on long-distance phone calls. "You don't have to have a corporate law strong background," emphasized Deitz, "but a probing mind and imagination would be an asset in the course." "We'll talk about schemes devised by clever promoters," he smiled, "to. satisfy the public appetite to make a the schemes are fascinating!" Deitz says the course will couple trial advocacy with the reality of law practice and will deal with the ethical problems confronting securities lawyers. "The course," he said, "will combine the historical and Deitz is interested in the arts; "all of them," he exclaimed. He has served on an art law committee involving tax implications, regulations of multiple reproductions (e.g., "droit moral," involving the artist's rights to prevent any changes in his art), the relation between the artist and gallery, and custom regulations as to fine art and antiquities. Deitz spends spring and fall, when he can spare some time, at a beach house in New York. "I don't bring my legal work unless necessary, but I'm always busy fixing up the beach house," he beamed. His practice also takes him abstract with the practical." "I'm thrilled by. the enthusiasm of students at UB who have taken this course and," he added, "I'm delighted with the administration for giving me the freedom to teach this course." Deitz' decade of service to the Securities and Exchange Commission, before opening a private practice, enabled him overseas to Netherlands and to work side by side with some Ireland. of the "biggies" in securities regulation. The course, as a result, has welcomed numerous distinguished speakers in the past and Deitz intends to continue the trend in the future. Deitz, who has relatives in Buffalo, first came here at the by Edward M. Sinker request of the SEC to investigate a promoter offering Captain Jack T. Eggert of the interests which the CommisAmherst Campus University sion later successfully Police reminds all students of demonstrated were securities. the "Pilot 100" program ofThough he grew up in fered to the student body. Westchester, Deitz loves ButStudents, between the hours falo. "It's human here,"' he of 3 p.m. and midnight, are perremarked. He said the sense of mitted to ride with campus family here makes the city police officers in the course of quite habitable. an evening's work. Roger M. Deitz will teach Securities Law in the Spring. love, Deitz' primary however, is securities law. In the Spring, he promises to elaborate on "the nature of American capital markets, the need to maintain the public's faith in those markets, and the integrity of the people who make a living -in those markets." UB Offers Program for the Entire Student Body: Students Ride Patrol Cars is offered," Holtzman Campaign Needs Law Volunteers for Poll, Watching. Meeting Tonight 6:30 p.m., 235 North Street, 885-0394. "The program said Eggert, "to acquaint students with their campus police and to give students insight into what goes on." Eggert invites all those interested in participating to call him personally at 636-2222. Perhaps students, one way or the other, will view campus security differently after a "night on the town!" Day-After Halloween Party Saturday, November 1, 9 p.m. Friends of: Ed Sinker, Paul Israelson, Rocky D'Alusio & Andy Thayler are cordially invited. October 30,1980 I Opinion Page three �BALSA Working with the Buffalo Community by Percy Randall Some of the problems confronting BALSA, and the Black community in general, are the lack of interested and qualified Black men and women to both enter the legal profession and make a meaningful contribution to the Black community, as well as community; has undertaken a campaign to accomplish these results, actively seeking the increased enrollment and involvement of Black law students at ÜB, and in the community, respectively, via Law Day, which was held on October 25, 1980, and through the creation of the Office of the Community Liaison. Law Day featured speakers, Hap Washington, Community Activist and Professor of Law at Howard University; Alexander Smith, Coordinator of the NAACP Program; Joe Foreman, Superintendent of the Buffalo Holding Center; minority law students who Thomas Headrick, Dean of the might feel alienated by the Law School, and others. These general law student organiza- speakers spoke on topics rangtions can attain a sense of ing from, "Survival: It's alright to have an equal opportunity belonging. Apart from BALSA'S task of to an education, but it's a lot providing a sense of security more meaningful to graduate", for the Black law student, it to, "Blacks and the Law in the also must provide a stimulus to '80's: Where are we going, the many potential Black law*(where are you going, and students in the community why?" An event, the caliber of who might consider law school Law Day, and its impact upon as an alternative to the harsh the lives of those who attendrealities of the streets. Thus, in ed it cannot remain invisible, its role as a stimulus, along and BALSA thanks the many inwith the law school, BALSA dividuals who helped make it a the world (Leander Hardaway, Director of External Affairs, BALSA) was initiated to facilitate relations between the Black law school community and the inner-city community. This office hopes to provide counselling services to impoverished youth; recruit- generating an interest from within the law school moving toward the supplementation of community-based organizations and programs; and providing some type of forum, so I *Im,£mW ■MIHMBMatffcM 2mW W ■■"■ ■BMW- ■_■«■!■■ si ■■■. • lIUIVD m\mma,ama\ammi Vl] I ammaaa,Ama.mmmoa. MMmMaWm WaW UIHII _ J J\ tlßssL ■■■ %PWH%sP ■ AW amam of just what "Buffalo Unity all concerned may work Day" means in terms of the toward the ultimate goal of This column could just state future of Blacks and Buffalo Unity Day, that is, a in categorical terms, the Black/White relationships in peaceful and unified com"facts" about Buffalo Unity Buffalo. However, more infor- munity. The immediate goal of BufDay; what it was about and mation concerning "Buffalo Unity Day" is needed, other falo Unity Day was to show who was there, devoid of emotion, critique, and a meaning than the bare "facts", so that that the beseiged Black community is not alone in their sorrow and outrage at the recent otters the maximum Mm BAR/BRI flexibility ol any New York barbarous murders — that the course. In Midtown Manhattan, only white community joins with BAR/BRI has consistently ottered two live the Black community in consessions (morning and evening)during the summer course. Afternoon videotape demning these acts and the replays are available In our larger locations racist attitudes that lie behind outside Manhattan, we otter videotape instead ot audiotape them. These are noble already guaranteed thoughts Indeed, but exvideotape tor Summer 1981 include: that, at perience tpaches Albany. Boston, Buffalo, Hempstead. NYU/Cardozo area. Queens County. most, those persons who by Percy Randall organized, spoke at, and at- ■•■■•- mmrMmm^^ Thesehandouts save valuable study time and minimize the note taking necessary in a BAR/BRI ■■■!■■■■ , , IXS^l^^J^ summer courses. Tlwy did so because: J^ !^l!^"T* T ' •.J W AR^2!sr,,^^!! " ' • • BAR/BRI offers written summaries of all thelaw tested on theNew York Bar Exam—both local law and Multistate law. Students learn the substantivelaw before going to class. Class time is spent focusing on New York Bar Examination problems, on hypothetical and on the substantive areas most likely to be tested on the exam. • - m m Jm lhan ' , . 22, " „as ' BAR/BRI offers a tree trawler policy. uden signs up or New York, does not mark his or her books and elects to take another state bar instead, all monies P30 wl m transferredto theBAR/BRI course in that state . Renee Lapides Francine Bruno Joan Warren Opinion 4 '* " fj ol course ,Hes ■ * ™ WllliamWatkins, AlbanyLaw Pro' Charles Whitebread. U. of Virginia Law M Corne|| Law You Prol Albany - Manhattan MWU,Cardozo area' ?"*"*" Boston I Brooklyn Charlottesville • New Haven Newark Ph,iadeipn.a Ckieens County , Rochester Suflc*County '. Chicago ' BAR/BRI has the only New York bar review lecturer ever to receive frvetminutes of sustained applause lor hisjecture on theRute Against „,,„„, BAR/BRI offers thewidestselection lrtuderrt> t0 freely switchlocations. Anticipated course locationslor 1981 include: Butlalo Durham S^"86 n„ EL.™ $SEr^.toca**, mSHSTi'r '■ Hempstead Suite 1 I lilt 111 I m !■ New io New York 10001 \y^UyU mom Mzw-v* New York's Number One Bar Review. See one of the following student representatives before October 31, 1980: Doric H. Benesh Therese Rahill BAR/BRI offers a special "Take 2 a New York Bar and another MultistateBar anotner Multistate Bar YorK bar ,, , l»sl experts On substantive law .They have accurately forecastmany ol the questions appearing on past New York and Multistate bar examinations. The faculty is composed ol prominent lecturers on New York law. Multistate law and ,he New Yofk Bar Examination The 198) ,acul, V W|N include: ™\ ° J* ** ° . I jr\/^f~lf*pS *m\.mmmm-M *01 n0 Prot. Richard Conviser, BAR/BRI Stall Prot Richard Harbus, New York Law Prot Stanlej(Jerianson, U of TexasLaw Prot Kenneth Joyce. SUNY Buffalo Law Prof. GaryKelder. Syracuse Law Prof, JeromeLeitner Brooklyn Law Prot John Move BAR BRI Start p J hn 3 u llllnolsLaw Alan Hesnck u Holstra Law ™ Faust Prof RosSl Come Law Prot Robert Scott, Uol Virginia Law BAR/BRI has an unparalleled testing program-tor both the Multistate and New York local portions. The testing will include hundreds ot Multistateand New York local multiple-choice questions, and Inral New Ynrtr PQoai« -, V.\L ii 22l are questions Included to be done at home and questions done in classunder simulated bar exam conditions. SelectedMultistate questions will be computer-graded,and selectedessays will be individually graded and critiqued by New York attorneys ft' Carta Gersten Leslie Wolff Michael Chakansky Rosemary Gallick Erik Lindauer ' Qetober r 3Q,l<JBG tended, Buffalo jLJnity, Day, wi|[ harbor these thousrfts>at.least v ntiI the kii ler or killers are $.\£ prehended; and at least, these persons will, for that day, feel the type of togetherness that is necessary to make these thoughts a reality. However, as long as Black and White can Twice as many as all courses combined. U R t high pan percentage. At most maprlaw schools last year, students taking BAR/BRI passed the New York Bar Exam on Ihe firsttry with a percentage in the 90s and high 80s. tolerated! Reaction to Barbarous Murders _ took BAR/BRI. otherl J I ■ mwm ■■ sWil -_ mm ~ BALSA is well aware of the present crisis in the Black community regarding the deaths of the six Black men, and demand that something be done to deter similar actions in the future. Racist attacks against Black people will no longer be BALSA Commentary llpui DC] I Fvam Rl [■■■ Vnrir LaltU H Rsir ■ November 15,1980 from 10:00 with community organizations BALSA and the Coalition hope that everyone will support this cause in whatever way possible. We can't do it alone! us. studying for the •*> ment, workshops, films and speakers. In general, its purpose is to enhance the image of the law school in the eyes of the community. For example, the Office of the Community Liaison is presently involved p.m. to 3:30 a.m. This scholarship will be awarded to some underprivileged youth so that he/she may be able to attend college in 1981-82. Both ' ggm. ammAWmiMmk amM ■■■ ■■■ mmrtl%m'mmmmmm mMmrn'm the operations of the agencies responsible for the search of the killer or killers responsible for the violent deaths of six Black men in Buffalo." BALSA has also enlisted the assistance of the Coalition of Minority Graduate and Professional Students of the State University of New York at Buffalo (Everett Hopkins, President) in furtherance of its goals. In its effort to fulfill its commitment, the Coalition has undertaken to give a scholarship fund-raising BuffetDinner/Disco, to be held at the new Buffalo Hilton on* to monitor successful undertaking. BALSA'S second undertaking, the creation of the Office of the Community Liaison, Arthur Scott Garfinkel Jay Marlin Paul Israelson Winston Ellis Patricia Jayne ~r si ! —:•——; «•«»«Lew Rose Tanya Harvey Orest Bedrij Ellen Dickes —'— Pat Dooley >»' Ruth Pollack Christopher Reed Mark Suzumoto ' ' 'i' \' - assemble and understand the many problems common to both, there is hope that someday, these "dreams" may come to pass; although there is growing sentiment, both in the University Community and the general Buffalo community that Buffalo Unity Day was nothing more than a placebo, to keep silent an already passive Black community. There seems to be a genuine fear of a Miami in. Buffalo, on the part of many. 'Placebos cannot work forever, especially if there is a real need for something to be done about the problems in the Black community. In order for Buffalo Unity Day not to have been in vain, there is going to have to be" a conscious effort on the part of every Black person in Buffalo change some thatNhave placed Blacks' in such a vulnerable position and a conscious effort on the part of every White person in Buffalo to help alleviate the problems caused by racism. These parallel efforts must be continuous, sincere, and syncronized, not for the purpose of looting, and robbing, nor for . the purpose of "calming the natives", but toward something that is for real. ' to > �Attica Prisoners Call Conditions "Nightmarish" Can the degree of civilization in a society be judged/measured by entering its prisons? Enter Attica and witness the microcosm of Miama, Florida. See the same causes; alienation, displacement, manipulation, intimidation, and even the poverty and frustrations attendant to slave labor for the production of goods and services that only the Administration and its agencies and agents reap a socially just wage from. Then witness the same response to the effect of such inhumanity, and the response you see will be the raw and savage brutality of beatings and murder done to j prisoners in Attica Prison by Correction Officers the same and worse than the Police and National Guard in Florida, for here there are no newspaper reporters and TV. cameras to record the continue. nightmarish reality, and the imaffirmed and endorsed by the punity for such acts of Correc- Commissioner of Corrections tion Officers lay in sanction at Albany, N.Y. Here each inand endorsement of the dividual correction officer Warden of Attica, and their makes the law according to his ability to virtually loose a personal whim and prejudice. prisoner from public, even All a correction officer need family view by placement in do in order to justify anything the Special Housing Unit done to a prisoner is write a where a prisoner can be denied report either before or even visits and/or mail privileges, after he does whatever he deprived of all communication chooses cause he knows it will with prisoners in general not be questioned. He knows population and the outside that the so-called institutional world and continually beat appeal process is a farce; tape, and drugged in the name of recordings are manipulated, "security" and "necessary reports are manufactured and force to restrain." the only review is an affirmaHere in Attica's Special tion of whatever the correction Housing Unit prisoners are officer alleges. There is no due beaten and intimidated process, no equal protection, physically, spiritually and no nothing, except cruelty and psychologically. Whatever the hopelessness. No redress and correction officers do is enno one or agency to appeal to dorsed by the superintendent, that would apply justice in inand whatever the vestigating and curtailing the superintendent/warden does is wrongs and injustices that are claimed. What's next? A mass murder that will claim the lives of prisoners, men who only desire to be treated as human beings? So that correction officers can demand more money? And use it as an excuse for further oppression/repression and the refurbishment of the Klan and Nazi fraternities that already boast openly of their intentions and control of Attica. And will those of you in society ignore our human pleas until you find released in your midst the product of Attica? Who then benefits? Who can then lay claim to being civilized, when you choose to ignore the causes who then become the swift and exacting sword of Not to personally care about people in prison is one thing, but social apathy to the point of ignoring savagery and brutality knowing that it will breed the same is something I cannot understand of civlized people. It is with such final hope and belief that I write to you in hopes that you will intercede in all of our behalfs for one day we too shall be in society. You are the future lawyers and law makers; you have the resource and knowledge to help curtail our present suffering and future brutalization thru legal recourse. Will you help prevent future tragedy? Let not another hundred or more years pass in testament to the savagery of prisons bejustice? Who will measure it ing the reality beneath the after the damage has been veneer of a "civilized" society: done? Will you? I cannot The Men of Attica's believe that your humanity Special Housing Unit George Eng will permit such atrocities to Future of Public Interest Law Looking Gloomy by Lewis Rose If you are the future lawyer who wants to use your expertise to halt chemical crimes of illegal toxic dumping, to fight against discrimination minorities and women, or to protect workers from contamination and disfigurement, the chances are you will not have the opportunity to do so. The problem is one of funding. The Ford Foundation and other charitable organizations are pulling out their financial support for public Interest law. The majority of attorneys representing victims have been able to do so in the past because of this funding. Of 500,000 attorneys in the United States, only 600 work full-time in public interest law. This number is now likely todecline. Even if you work in a private law firm where the senior partners grant you permission to take on a controversial case, you might never get in the court's door to argue it. They call it "lacking standing to sue," or "$300,000 dollars to notify all potential plaintiffs in your case," or "you're an in- direct purchaser and don't have to right to sue." Should you succeed in getting in the door, you must be prepared to waste at least thirty percent of your time and resources fighting procedural barriers and, in the end, be unable to petition for fee shifting compensation. The mere fact that your work results in conveying a substantial public good no longer matters. You may be able to prove that a federal statute is being violated and, as a result,, prevent thousands of citizens from future victimization. But without attorney fees-shifting legislation, you, the attorney, must pay for righting the wrong, or not bring the case at all. Rarely does a private citizen have the financial resources to deter government misconduct. Perhaps you'd like to petition a federal agency to pre- sent your client's concerns over the unsafe transportation procedures for hazardous waste through your community. Before you approach the Senior Partner, remember there is no money appropriated for the public par- — rights and indigent litigants. The ALYESKA decision destroyed, in large part, equitable fee shifting as a funding source for public interest causes. Ten years later, the realiza- tion that substantive rights and ticipating in agency prointerests are being thwarted cedings where standards are for lack of access to the set, your client, the concerned decision-making forums is citizen, cannot afford to pay becoming widespread. The for the participation, and the obstacles to access consist of: regulated industry will spend (1) procedural and structural more than fifty times what you- barriers and, (2) lack of funding and others representing con- for participation in policymakcerned citizens will spend in ing forums. You are a law stuagency proceedings. dent in the "ten years later" Despite all this you are category. The time to use your determined to use your exper- expertise is now. As a law stutise to bring about social dent you can bring about justice. You go to the placereforms to guarantee and proment office on the third floor. mote substantive rights and inYou want to know where to terests of individuals and of infind the job that will satisfy sular minorities. your desire to defend the vicYou.can begin by joining the tims. Posted positions and in- Equal Justice Foundation Proterviewing schedules do not ject of the Center for Public Inreflect your idealism. The terest Law at the law school. placement office either Part of a national movement, doesn't really know what EJF was founded three years public interest law is, or, has fil- ago by a group of law students ed the information, now out- and lawyers who were dated, in the back room. frustrated by the inequitable At the same time your barriers that prevented them frustrations grow in class as from using their legal skills to professors ignore "policy" im- adequately represent the plications of the law. underrepresented. Law Materialistic professionalism replaces humanistic searching. Ten years ago, law students desiring to use their expertise educate students as to the access problems they would face in the courtroom but weren't being told about in the classroom. In addition, EJF members sought to create an awareness of public interest law among the community. The Equal Justice Foundation also offered law students and lawyers a way to support reversal of the doctrinal trends and to increase public interest law funding. This conscientious organizing by law students whobelieved in and recognized their responsibility to bring about social justice has resulted in the Equal Justice Foundation becoming a permanent entity their concerns. These lawyers and law students pledged one percent of their post-graduate employment income to establish the EJF. As of 1980, over five hundred lawyers" have pledged to tithe one percent or more of their income. At this law school, third year students have already begun to tithefor the first time. EJF's focus is not strictly national. Recognizing the need for advocating greater access on a local level, students around the country fifty percent of the money that underrepresented victims could do so. Public interest law was growing. Lawyers were successful in expanding substantive rights of the underrepresented. Funding was increasing and attorney fee shifting was available in cases that furthered the public good. Federal agencies, such to protect as OSHA and the FTC. were not as encumbered and endangered by current corporate offensives. The more effective the advocates of the victims became, the more procedural barriers were erected to minimize the substantive gains. The standing-to-sue doctrine, noted in the Constitution, was extended to exclude many civil organized local chapters to « to represent you tithe gets returned to the local chapter for local work. Possible local ideas involve developing a public interest law placement program at the Law School, sponsoring radio programs on access-related issues such as how to use your Small Claims Court, or funding a student to do access-related research. Suggestions are always welcome. We are interested in organizing a local chapter at this Law. School. By dedicating two or three hours a week to building a local chapter in Buffalo, you can take the first step of your career to significantly contribute to changing the financial and procedural rules that determine who is represented in our legal system. Without your help, the public interest law movement will be further weakened. Please join us by putting your skills and expertise to work now for social justice. If you are interested in getting involved contact Lewis Rose or Edward Northwood, or leave a note in either of their mailboxes or with the Center for Public Interest Law, Equal Justice Foundation Project in Room 118 of O'Brian Hall. The Buffalo Public Interest Law Program announces the sale of a new 45 RPM recording featuring Jane Crosby, Stu Shapiro, Howie Berger and Aaron Chambers. The proceeds of the sale, minus a small percentage for production costs, will go to benefit the Law Program's Summer Internship Program. Please contact Jane Crosby or Howie Berger for more information. Guaranteed to be a Collector's Item!!! October 30, 1980 Opinion 5 �A Tribute toWChiicnkgesn U.S. Journal: Buffalo, N.Y. An attempt to compile a short history of the Buffalo chicken wing by Calvin Trillin I did not appreciate the dif- ficulties historians must face regularly in the course of their research until I began trying to compile a short history of the Buffalo chicken wing. Since Buffalo chicken wings were invented less than twenty years ago, I had figured that I would have an easy task compared to, say, a medievalist whose specialty requires him to poke around in thirteenth-century Spain. Also, there is extant documentation identifying the inventor of Buffalo chicken wings as Frank Bellissimo, founder of the Anchor Bar, on the form of the Main Street documentation being an official proclamation from the City of Buffalo declaring July 29, 1977, Chicken Wing Day. ("WHEREAS, the success of — falonian, but she carries the special credentials that go with having been raised in New Haven, a city that claims to have been the scene of the invention of two other American the hamburger specialties and the American pizza. Although Leonard Katz normally limits his chicken-wing, consumption to downing a few as hors d'oeuvres a policy, he assured me, that has no connection at all with the fact that his medical specialty is the the gasro-intestinal tract rest of the family think nothing of making an entire meal out of them. Not long before I arrived, Linda Katz had returned from her freshman year at Washington University, in St. Louis a city where the unique local specialty is, for reasons lost to historians, and headed toasted ravioli — — — — — ty taken what is known in wing came about because of a the delivery of social science a field whose mistake methods are used increasingly some chicken wings instead of by modern historians — as a the backs and necks that were fair sampling. On my first ordinarily used in making evening in Buffalo, the Katz spaghetti sauce. Frank Bellissimo thought it was a family and some other contemtheir acto use the wings for of shame porary observers quaintance took me on a tour sauce. "They were looking at of what they considered a few you, like saying, 'I don't belong appropriate chicken-wing in the sauce,'" he has often sources so that I could make recalled. He implored his wife, some preliminary research who was doing the cooking, to notes for later analysis. The figure out some more dignified tour naturally included the Anchor Bar, where celebrated visitors to Buffalo — Phyllis Newman, say, or Walter Mon- — — — day's daughter taken as a matter were beginning to nudge aside the Italian food that had always been the Anchor Bar's center called Duffs and a couple of places that serve beefa beef sandwich on on-weck a salty roll which happens to be the local specialty that was replaced in the hearts of true Buffalonians by chicken wings. In Buffalo, chicken wings are always offered —— — needed another order of medium. After four hours, the tour finally ended with Judy Katz apologizing for the fact that we were too late for her favorite chicken-wing place, a pizza parlor called Santora's, which closes at 1 a.m. The next morning, I got out my preliminary research notes for analysis. They amounted to three sentences I was unable to make out, plus what appeared to be a chicken-wing stain. I showed the stain to Judy Katz. "Medium?" I asked. "Medium or hot," she said. end for. the wings. Teressa specialty. In the clipping Bellissimo decided to make libraries of the Buffalo some hors d'oeuvres for the newspapers, I could find only one' article that dealt with the Bellissimo family and their wing was born. a short, restaurant in that period — a Dom Bellissimo effusive man who now acts as long piece on Frank and the bustling host of the Anchor Teressa in the Courier-Express Bar tells a story that does in 1969, five years after the innot include a mistaken vention of the chicken wing. It delivery or, for that matter,. talks a lot about the musicians Frank Bellissimo. According to who had appeared at the Dom, it was late on a Friday Bellissimos' restaurant over night in 1964, a time when the years and about the enterRoman Catholics still confined tainers who used to drop in themselves to fish and after road shows. It mentions vegetables on Fridays. He was the custom Teressa and Frank tending the bar. Some regulars had in times gone by of offerhad been spending a lot of ing a few songs themselves late money, and Dom asked his on Saturday night Teressa mother to make something emerging from the kitchen to special to pass around gratis at belt out "Oh Marie" or "Tell the stroke of midnight. Teressa Me That You Love Me." It does Bellissimo picked up some not mention chicken wings. chicken wings parts of a Perhaps the interviewer simply chicken that most people do happened to be more innot consider even good terested in jazz drummers than — — — — enough to give away to tasty experiments. Perhaps Frank and Dom Bellissimo are, like most people, fuzzy on dates. By chance, my most trusted contemporary observers, the Katzes, were living out of the city during the Fortunately, the actual moperiod; Linda Katz looked surment that Buffalo chicken prised to hear that there had wings were invented has been ever been a time when people described by Frank Bellissimo did not eat chicken wings. The and his son, Dom, with the sort exact date of the discovery of rich detail that any historian seemed a small matter, though would value; unfortunately, compared to the central ing access to what people in qualifies her as being the history game call "contem- somewhere between a contema crowd porary observer and a fanatic. porary observers" Even a chicken-wing eater of of serious chicken-wing eaters right on the scene. A college ~ Judy Katz's seriousness could friend of mine, Leonard Katz, not have tested the full variety they use different details. happens to be a Buffalonian of Buffalo chicken wings. It is Frank Bellissimo is in his a native Buffalonian, in fact, said that there are now several eighties now, and more or less who is now a dean at the hundred places in the area retired; he and his wife, medical school of the State where Buffalonians can order Teressa, are pretty much conUniversity of New York at Buf- what they usually refer to fined to an apartment above including the Anchor Bar. According to falo. I have also known his simply as "wings" wife, Judy, since long before any number of places that also the account he has given many the invention of the chicken offer "a bucket of wings" to times over the years, the invenwing. She is not a native Buf- go. She has, however, obvious tion of the Buffalo chicken — — — October 30,1980 — are now — Opinion the blue-cheese dressing normally used as the house dressing for salads. Dom and Frank also agree that the wings were an immediate success famous throughout Buffalo within weeks. Before long, they say, chicken wings were on the dinner menu instead of being served gratis at the bar — and of course, the way they are driven out to see Niagara Falls. It also included a noted chicken-wing Mr. Bellissimo's tasty experi- straight for her favorite ment in 1964 has grown to the chicken-wing outlet to repair a point where thousands of four-month deprivation. A pounds of chicken wings are friend of Linda's who returned consumed by Buffalonians in from the University of and taverns Michigan at about the same restaurants throughout our city each time had eaten chicken wings "mild" or "medium" or "hot", week... ") I would not even for dinner four nights in a row depending on how much of a have to rummage through before she felt fit to continue. dose of hot sauce they have some dusty archive for the Judy Katz told me that she been subjected to during document; the Anchor Bar has herself eats chicken wings not preparation, and are always aca copy of it laminated on the only for dinner but, every now companied by celery and blueback of the dinner menu. I had and then, for breakfast a cheese dressing ; t sajrrptecl the further advantage of hay- pattern of behavior that I think mild. I sampled medium. I sampled hot. As is traditional, I washed them down with a number of bottles of Genesee or Molson particularly while I was sampling the hot. I ate celery between chicken wings. I dipped the celery into the blue-cheese dressing. I dipped chicken wings into the blue-cheese dressing. I tried a beef-on-weck. I found that I 6 regular antipasto and some of barflies — and the Buffalo chicken wing was born. Dom and Frank agree that Teressa Bellissimo chopped each wing in half and served two straight sections that the regulars at the bar could eat with their fingers. (The two straight pieces, one of which looks like a miniature drumstick and is known locally as a drumette, became One of the major characteristics of the dish; in Buffalo, a plate of wings does not look like a plate of wings but like an order of fried chicken that has, for some reason, been reduced drastically in scale.) She "deepfried" them, applied some hot sauce, and served them on a plate that included some celery from the Anchor Bar's historical fact, common to both Bellissimo stories, that the first plate of Buffalo chicken wings emerged from the kitchen of the Anchor Bar. It seemed to me that if a pack of revisionist historians descended on Buffalo, Itching to get their hands on some piece of conventional wisdom, �they would have no serious quarrel with the basic story of how the Buffalo chicken wing was invented although the feminists among them might point out that the City of Buffalo's proclamation would have been more exact if it had named as the inventor Teressa Bellissimo. The ipventor of the Airplane, afterall, was not the person who told Wilbur and Orville Wright that it might be nice to have a machine that — could fly. "A Blue-Collar dish for a blue-collar town," one of the Buffalonians who joined the Katz family and me on our chicken-wing tour said, reminding me that historians are obliged to put events in the context of their setting. Buffalo does have fhe reputation of being a blue-collar town and, particularly after the extraordinary winter in 1977, of being a blue-collar town permanently white with snow. Buffalonians who do much travelling have resigned the annual events include a When I telephoned Budin to and I drove out on Niagara beef-on-weck banquet. This inquire about the response to Falls Boulevard to try the summer, in the new Har- his suggestion, he said it had wings at a place called Fat borplace shopping complex in not been overwhelming. He Man's Got 'Em, and just before the inner harbor of Baltimore, told me, in fact, that he had Judy Katz gave me final ina place called Wings 'n Things embarked on a new campaign structions about the bucket of opened with the announced in- to improve Buffalo's reputawings I was planning to take tention of dealing in the sort of tion. Budin said that a lot of back to New York from Sanvolume hitherto common only people believed that the city's tora's the next day ("Get the with Buffalo itself a couple image suffered from its name. I big bucket. Whatever's left of tons of wings a week. "It remembered that his Sundayover will be fine the next morntakes money to make money," magazine piece had ended ing") I met a man named Dom Bellissimo told me while "Buffalo, thy name is chicken John Young, who told me, "I reflecting on the fact that his wing." Surely he was not sug- am actually the creator of the family did not parlay the in- gesting that the name of the ci- wing." Young, who is black, vention of chicken wings into a ty be changed to Chicken reminded me that black peofranchise fortune. Sometimes Wing, New York. What should ple have always eaten chicken he thinks that the opportunity be changed, he told me, is not wings. What he invented, he has not been lost forever. "I the name but its pronuncia- said, was the sauce that would like to go with a chain," tion. He has taken to pronoun- created Buffalo chicken wings a special concoction he he told me. "I'm so ready for it. cing the first syllable as if were I wish I could get involved with spelled "boo" — so that Buf- calls mambo sauce. He said some money people. I'd show falo rhymes with Rue de Veau. that chicken wings in mambo them how to go with this "It has a quality to it that lifts sauce became his specialty in thing." it above the prosaic 'Buffalo'," the middle sixties, and that he About two years ago, A Buf- he said. even registered the name of his restaurant, John Young's Wings 'n Things, at the county courthouse before moving to — — standard response to hearing that someone comes from Buffalo is a Polisji joke or some — hours. One way that the invention of the chicken wing seems to have improved morale is that there now exists among Buffalonians a widespread commercial fantasy of hitting it rich by introducing Buffalo chicken wings to some virgin territory. People in Buffalo are always talking about trying wings out on Southern California or testing the waters in Providence. While I was on my tour with the Katz family, Andy Katz, who is fifteen, had one question about my opinion of the local delicacy: "Do you think these would go over in Toronto?" There are already some attempts to sell wings outside of Western New York. A former Buffalonian is serving wings in the Paco's Tacos outlets of Boston. It is said that wings are available in Fort Lauderdale where so many — Buffalonians have retired that me, that John Young as well as Frank Bellissimo started buying a lot of chicken wings in the middle sixties, but there is no reason for the distributor to have saved the sales recs that might indicate who was first. First with what? Was the Buffalo chicken wing invented when Teressa Bellissimo thought of splitting it in half and deep-frying it and serving it with celery and blue-cheese dressing? Was it invented when John Young started using mambo sauce and thought of elevating wings into a specialty? How about the black people who have always eaten chicken wings? The way John Young talks, black people may have been eating chicken wings in thirteenth-century Spain. How is it that historians Illinois, in 1970. "If the Anchor can fix the date of the Battle of Bar was selling chicken wings, the Boyne with such precision? nobody in Buffalo knew it How can they be so certain of then," Young said. "After I left its outcome? here, everybody started chicken wings." Young, who Reprinted .by permission; had "returned to Buffalo a few ©1980 months before our talk, told The New Yorker Magazine, Inc. me that those who had copied the dish must be sayng, "Oh, man! The original King of the Wings is back. He's fixin' to do a job on you." In fact, Young said, he was pleased to see so many people in Buffalo make a money off his invention Frank Bellissimo, whose magnanimous sentiment that I Bar first served Anchor had also heard expressed by chicken wings in 1964 starboth Frank and Dom ting a fad in the snack inBellissimo. "I could have formdustry, died on October 22 ed a company and went across at the age of 84. the country," Young told me. Bellissimo was born in "It's still not too late." Palermo, Sicily. His first The wings Young invented restaurant was located were not chopped in half a where the Memorial process he includes in the Auditorium now stands. category of "tampering with Bellissimo moved to the them." They were served Tidney's Bar at 19 old breaded with the mambo Main Street. Because of its sauce covering them. In John proximity to the waterYoung's Wings 'n Things, as front, it was called the Anwell as in a restaurant called chor Grill. Bird Land, run by Young's Bellissimo leaves behind brother Paul, they are still serva Buffalo legend. ed that way sometimes ac- — themselves to the fact that the line like "Has the snow melted yet?" Buffalo has always had a civic-morale problem. Could the problem have been exacerbated by making a local specialty out of a part of the chicken that somebody in San fnancisco! or.- Houston, might throw away? Frartk Bellissimo seemed to argue against that interpretation. "Anybody can sell steak," he told me. "But if you can sell odds and ends of one thing or another, then you're doing something." The celebrated visitors who troop through the Anchor Bar are, after all, almost always favorably impressed by Buffalo chicken wings. Craig Claiborne proclaimed them "excellent" in one of his columns although he may have undercut the compliment a bit by saying in the same paragraph that he had remained in Buffalo for only three companied by the blue-cheese dressing and clery that were undoubtedly inspired by Teressa Bellissimo. It is true, a local poultry distributor told Obituary — If the sign says "wings," this must be Buffalo! falo stockbroker named Robert M. Budin wrote a piece for the Courier-Express Sunday magazine suggesting, in a lighthearted way, that the city adopt the chicken wing as its symbol. Budin's piece begins with two Buffalonians discussing what had happened when one of them was at a party in Memphis and was asked by a local where he was from. Deciding to "take him face on," the visiting Buffalonian had said, "I'm from Buffalo." Instead of asking if the snow had melted yet, the local had said/"Where those dynamite chicken wings come from?" "You mean positive recognition?" the friend who is hearing the story asks. It becomes obvious to the two of them that Buffalonians should "mount a campaign to associate Buffalo with chicken wings and rid ourselves of the negatives of snow and cold and the misunderstood beef-on-weck." Budin suggested that the basketball team be called the Buffalo Wings, that the mayor begin wearing a button that says "Do Your Thing with Wings," and that a huge statue of a chicken wing (medium hot) be placed in the convention center. ~,._ , Guv Van Baalen Maybe, but I suspect that it's only a matter of tjme before Budin tells some corporate executive in Memphis or Cincinnati that he is calling from Boofalo and the executive says, "Has the snoo melted yet?" On my last evening in Bufjust before the Katzes — ' — — A Recipe for Chicken Wings falo Ingredients: 8-10 chicken wings (each wing contains 3 parts) Enough cooking oil to fill frying pan Vi" 2 tablespoons butter 1 tablespoon lemon juice 2 tablespoons white vinegar salt, pepper, oregano to taste Frank's Hot Sauce to taste bleu cheese dressing to taste" Heat Vi", of cooking oil in a frying pan over medium flame. Chop wings into 3 pieces, discarding the small piece. Place wings in hot oil; cook for 10 minutes. Turn wings and cook additional 10 minutes./Cook longer if extra crispy wings are desired. While cooking wings, combine butter, lemon juice and 1 tablespoon white vinegar in saucepan and heat to melt butter. Add spices and hot sauce. Place finished wings in sauce pan and cover. Shake sauce pan to coat the wings. Serve immediately with bleu cheese dressing mixed with 1 tablespoon vinegar, carrots, celery and beer! I Makes one double or two single orders. , , lohn lacovelli — October 30,1980 Opinion 7 �Legislature to Meet November on Banking Law by Marc Ganz mining whether banks are dismvesting neighborhoods in State urban areas. Chief among the The New York Legislature will return for a post-election session on November 17, according to Governor Carey and legislative leaders. Several important pieces of legislation, including banking law reform, wine pricing revision, mass transit funding and supplemental budget . authorization will be discussed. The main cause of the special session is commercial and savings institutions' campaigns for banking law revision. Major commercial banks such as Citicorp are threatening to pull credit card headquarters out of New York and into South Dakota unless the legislature raises the maximum legal interest rate and allows the banks to charge a service charge for credit cards. Assembly Speaker Stanley Fink, who killed a similar omnibus bill in June, has stated that he now supports revision of the usury law but opposes a large service charge. Senate leaders are pushing for both measures. Mutual savings bankers are threatening to convert from state to federal charter, in hopes of new powers and privileges. The State Banking Department, fearful they will lose the regulatory power over mutual savings institutions, has joined the banks in proposing radical revision of the Savings Bank Law. Privileges included in the legislation include the right to enter the fields of consumer and business lending, to accept corporate deposits, and to operate a trust department. These new powers are granted to federal mutual savings institutions under the Federal Institutions Deregulation and Monetary Control Act of 1980. Consumer groups are asking On another matter, wine connoisseurs may see their low priced vintage stock for only a few more weeks if the legislature reenacts wine price controls. Wine prices were decontrolled after the New York Court of Appeals ruled the former wine pricing procedure invalid. Governor Carey has come out against reenactment of the wine pricing laws, favoring alternative aid to so-called "mom and pop" liquor stores. Assembly Speaker Stanley Fink has en- suggested amendments are to make the Community Reinvestment Act branch statements public records, to mandate that banks conduct surveys to assess the credit needs of their serviced areas, and the depositor election of mutual savings banks trustees. Several labor unions and the New York Public Interest Research Croup (NYPIRG) are leaders in the lobbying effort. The outlook for the banking legislation is bright, but the outlook for the amendments is bleak. The banking revision by Laurie Gross legislation was killed last year by Speaker Fink, and he is This concludes a two-part under tremendous pressure to pass some legislation this study on the problems of effective waste disposal in Niagara special session. Senate Majority Leader Warren Anderson County. has received a reported $30,000 in campaign contribuCECOS International Inc. is tions from savings banks, in to obtain Departattempting possible violation of the state ment Environmental Conserof laws. has Anderson banking been the main advocate of the vation (DEC) approval for consavings banks in past struction of two additional Legislative sessions and there Secured Chemical Manageare no indications there will be ment Facilities (SCMF) in Niagara County. any difference this year. The CECOS hearings apply In addition to banking to the expansion of a third legislation, significant mass landfill at Pine Avenue and transit funding will have to be 56th Street, and to the conappropriated for the New York struction of a fourth and fifth dumpsite. area Metropolitan TransportaTown of Niagara attorney tion Authority (M.T.A.). The legislature passed a gross Rqbert P. Merino and coreceipts tax on all major oil counsel Barbara Morrison corporations, but inserted a questioned the CECOS panel clause that said the tax could on the already high contamination levels in the groundwater. not be passed along to the consumer. Another clause self- CECOS attributes them to the destructs the tax if any portion 75 years of dumping prior to of the bill is found to be un- their involvement. Robert Stadelmaier, CECOS constitutional. Northern District Judge Neil McCurn Executive Vice President, found the no pass-through pro- testified that the company is researching alternative vision in the legislation was unconstitutional. The case is now technologies which include before the Court of Appeals chemical solidification, landbut the legislature must come to the aid of the regional authorities, or else bus and subway fares will rise substan- that several anti-"redlining" amendments be included in the banking legislation. These amendments will aid in deter- tially. Damages Sought For a Very "Grave" Mistake House, 9-1 October 30 Coffee Room 604 Opinion 8 October 30, 1980 where legislators place their pet projects funding. This year the Governor has also urged further authorizations for state workers salary increases. All indications are that the same leaders will shape their respective houses: Speaker Fink leading the Democratic Assembly and Majority Leader Anderson presiding over the stores. to It is too early tell what Republican Senate. If either political money will be placed house changes leadership, in the supplemental budget. there will be no special sesThe supplemental budget has sion, according to Albany traditionally been a place sources. Effective Waste Disposal? based and ocean-based incineration, electrolytic oxidation, and organic chemical detoxification. He refused to disclose the amount of funds sought for the research. It would tip-off competitors, he said. Questions were raised on the security of secured landfills. Two geologists testified that the bedrock beneath the sight, Lockport dolomite, is susceptible to cracking under pressure and is not a suitable base for landfills. Any cracks could affect the containment of waste. When waste combines with rainwater it produces leachate, a groundwater contaminant. CECOS experts claim the landfills will hoJd in- definitely. New York Public Interest Research Croup's (NYPIRG) Citizen's Alliance is requesting State DEC Commissioner Robert Flacke to hold public hearings on the environmental impact of CECOS' plans. NYPIRG's request is supported by the Town of Niagara, the Niagara Falls Board of Education, Sabre Park People's Association and STOPIT. Tony Lupino, VISTA "State of the art technology exists today to completely treat hazardous chemical waste, to make it virtually harmless." He added cost is the problem. Mrs. Eleonor Conmy, of the Sabre Park People's Association, questioned the panel on health considerations given the residents, of the nearby mobile home park, during planning of the proposed landfill. She received no reply. STOPIT, organized by the merchants along CECOS' facility, expressed concern that Niagara County is being used as a dumping ground. "The public has a right to � know," said Lupino. "People's health and well-being shouldn't be sacrificed for the preservation of a corporation's business secrets." The current proceedings focus on the design standards for the landfills under Title VI, Section 360 of the New Code of Rules and Regulations. Questions of environmental impact, which come under State Environmental Quality Review (SEQR) legislation and can only be addressed through written commentary, will be decided organizer for NYPIRG, said. following the permit decision. Niagara Nuclear Power Plant Construction Costs Rise Rapidly New York, Mohawk Power Corp. is slowing down its other construction programs because the cost estimate for its Nine The Elliott-Hamil Funeral asked what meat was on Mile Point Two nuclear plant Home is suing Southwestern special for the day at the has been raised from $1.4 Bell Telephone Co. for funeral home." billion to $2.4 billion. On Long $311,000 for listing it in the The funeral home, is seeking Island, the Long Island Yellow Pages under "Frozen $50,000 in damages for mental Lighting Co. would have been Foods — Wholesale." anguish, $36,000 for loss of in bankruptcy without the The owner of the funeral business revenues, $25,000 for Public Service Commission's home, John Hamil, said the aggravation of a medical con- intervention that raised utility parlor's reputation had been dition, and $200,000 in ex- rate payers electric bills. This badly damaged. He said, emplary damages. financial difficulty is caused "Some guy even called up and by the high costs associated with the Shoreham Nuclear Plant being built by LILCO. These are two examples of why nuclear plant construction orders have been halted by electric utilities across the United States. The costs inOpen volved in building a nuclear power plant have risen faster Thursday, than expected, and PSC's are grant reluctant to and Donuts stockholder's financial relief at the expense of rate-payers. Therefore, the combination of high construction costs comi bined with the inavailability of International Law Society dorsed placing i wine under price controls again, saying he is fearful of large volume liquor stores monopolizing the wine trade, thereby forcing small stores to close. Governor Carey has suggested the large volume stores pay more for licenses per year, thereby aiding the "mom and pop" In upstate Niagara those willing to pay for the nuclear plants, has forced utility companies to rethink their construction plans. Most utilities have stopped building nuclear plants. In the case of Niagara Mohawk, they have curtailed other construction to pay for the Nine Mile Two plant. Both Niagara Mohawk and LILCO have applied for rate hikes to the New York Public Service Commission. In their rate hike applications, the utilities have asked for rate payer assistance in building the nuclear plants. Tbjs is referred to as Construction Work in Progress (CWIP). Last year Governor Carey vetoed legislation sponsored by Senator James Lack (R.-Suffolk Co.) that would have prohibited the utilities from charging customers higher rates because of construction costs. The PSC presently has unlimited authority to permit utilities to charge rate-payers for CWIP. There are groups fighting the rate-hikes though. Near Albany, NYPIRG's Citizen Alliance has intervened in the Niagara Mohawk rate hike case, in part to challenge the inclusion of rate funds to pay for nuclear power plant construction. On Long Island, a coalition of civic and consumer groups are challenging LILCO's application to raise rates. LILCO is asking for nearly a billion dollars over four years to pay for the Shoreham * plant construction. Rate, payers are objecting to this corporate strategy and have said they will not pay for LILCO's nuclear plant. A symbolic bill boycott was recently staged to protest the increases in utility bills as a result of the Shoreham construction program. The future of nuclear power depends on a receptive rate paying audience. High costs associated with nuclear plant construction do nothing except act as a catalyst towards citizen action against utility companies and nuclear power. �Sea Grant Program Provides Many Opportunities by Ray McCabe agencies, and by private firms. Scientific issues are handled at Second year students who Cornell, legal and sociological are looking for challenge, prac- problems at ÜB. tical experience, and financial Although the Sea Grant prorewards may well find the Law gram is designed to answer School's' Sea Grant Program problems regarding the use of the place to look. bodies of water, the legal The program allows issues involved are not so qualified Student Fellows an limited. "We've handled opportunity- to do substantive everything from labor law to research, and to publish their issues of due process," states own work, while seeking solu- Dr. Robert Reis, co-director of tions to "real" legal problems. the program. "The only thing In addition, student fellows which all projects have in comunder the program receive an mon is a relationship to annual stipend of $5,000 a year water." and a full tuition waiver. Each individual project, Dr. Students devote full time to Reis points out, is handled by Sea Grant projects. The pro- the student. The function of gram begins each January and co-directors Reis and Dr. runs for a full year. Milton Kaplan is to add a The concept of the Sea degree of guidance, and to edit Grant College is an offshoot the student's finished article. from the "land grant" colleges "We must also assume responof the last century. The state sibility for the projects," Reis wide "college" consists of a continues, "even though credit campus at Cornell University for the project is given to the and the Sea Grant Law Center student." in O'Brian Hall. Student Fellows are enProblems from throughout couraged to ..seek the aid of the nation are referred to the other faculty members within Sea Grant College by Federal, the Law School, and of the State and local government Social Science faculty in Baldy Hail, to supplement their indiyidual research. The program also makes use of its own computer located on the fourth floor of O'Brian. Students have several forums for publishing their studies. The program publishes Rhode Island. The application requirements for the program are strict, and obtaining to - Students take time out for last week's SBA party. Guv Van Baalen worked with NYSERDA and General Electric in the development of large scale kelp farming off of Long Island. The goal of the project, named Bio-mass, is the conversion of harvested kelp into methane fuel for the New York City area. Professor Robert Reis, Co-Director of Sea Grant. More importantly, Dr. Reis asserts, the particular agency which present's the problem will rely on the student's findings. "People talk about wanting to do meaningful work while in law school. What could be more meaningful than knowing that your research will be relied on by Larger Trade Unions Organize: Anti-Nuclear Strategies Planned President of the International Association of Machinists, and There has been a popular Sam Church of the United misconception that the more Mine Workers tell of the progressive labor unions are dangers of nuclear power and as ap energy weapons. The two speakers still, sowwse .fjoMtr^ifu^rpj0( no'|*,*9 2 alfjtckSqlt&Mri, or>> .October, 10-12th, one energy sources meant more thousand trade unionists met jobs for union members. r Several resolutions were in Pittsburgh to organize antinuclear and alternative energy passed by the conference parstrategies. Sponsors of the con- ticipants and by the sponsoring ference include the United unions. The resolutions called Auto Workers, the Interna- for regional safe energy groups tional Association of to educate unionists about Machinists, the United Mine safe energy and full employWorkers, the Graphic Arts In- ment and to support antiternational Union, the United nuclear referenda proposed in Furniture Workers Union, the various states. A more general Chemical nuclear plant shut-down International Workers Union and the Inter- resolution was passed by the national Longshoremens conference but was not enUnion, along with the Labor dorsed by every sponsoring Committee for Safe Energy union organization. On Friday night, the conand Full Employment. The conference participants ference sponsored a safe heard William Winpisinger, energy rally at the Pittsburgh the Department of Justice, or by the Sea Qrant program regards a petition by Rhode Island requesting a declaration that Long Island is not actually an island. "We 'submitted an impartial brief on the matter," Reis said. If Rhode Island wins the dispute, it will mean that a larger share of the revenue from the Long Island Sound will be diverted from New York the Department of Defense?" Sea Grant projects have covered a wide variety of issues. The program took a leading role in aiding the New York State Energy Research and Development Association its own Sea Grant Law Journal. (NYSERDA) explore the proOther articles are submitted to blem of coal waste disposal. the Buffalo Law Review. More recently the program has Hilton. DuringMhe rally, a counter demonstration by pro- nuclear electrical workers of the International Brotherhood of Electrical Workers "interfered" with the safe energy ra|ly t according ..to, one con T The ference 'sponsor. demonstrators picketed the conference throughout the , • Another project undertaken available at the Placement Office in the second week of November. Final selections will be made by the end of the semester. Further information regarding the program may be obtained at the Sea Grant office, Room 408 O'Brian Hall. Jacob Javits Speaks Monday, 2:30 p.m. Moot Court Room Two Professors Take Leave: Research Planned weekend. by Steve Gabor This is the first time that trade unionists on a national Two faculty members are level have had the opportunity anticipating the upcoming sprto gather and discuss what ing semester as a time to purworkers can do to stop nuclear sue their individual academic power. Bringing the power of projects. So why, you may ask, trade unions into the fight does this information warrant against nuclear power will add a news article? Well, what a new dimension to the anti- makes this situation unique is nuclear movement. that these professors will be For more information con"taking time off" in order to tact the Labor Committee for work. Spring sabbaticals for Safe Energy and Full Employ- both Professors Wade ment at 153f> 16th St., Newhouse and Barry Boyer are Washington, DC. 20036, (202) slated to be a time to put on 265-7190. the old thinking caps without having to contend withthe normal interruptions inherent to Guy Van Baalen fellowships is usually competitive. Applicants are accepted into the program on the basis of grades, faculty references, personal interviews, and a writing sample. This past year five students were selected for the program. Applications to the Sea GrantLaw Center will be made Studies. The topic. Occupational Safety and Health Standards, will take the form of an interdisciplinary study bringing together the views of various scholars from a wide range of social science backgrounds. Boyer hopes this experience will help him in developing an empirical study he has planned once he returns to Buffalo in June. "Specifically, I'm planning a research project that will examine the enforcement process of OSHA," said Boyer. "There appears to be con- tradicting interpretations as to the actual role of an OSHA representative in settling safe- ty grievances. Through obseracademia. "The extent of my travel vation and structured interplans are to room 412, O'Brian viewing I intend to investigate Hall," said Newhouse. "During what role these representatives this time I intend to finish work play. I also intend to inon my Law and Public Educa- vestigate why younger workers tion materials. This work has are concerned mostly with the been in progress for the past hazards of toxic chemical in ten years now, and this period the workplace while considershould enable me to get it in ing shop safety standards a nuisance." Boyer also admitpublishable form." Customarily, the door to ted that his sabbatical would room 412 is open to all, but in not be one of all work and no this time of intense mental ac- play. He and his wife plan a tivity Mr Newhouse requests few trips to the continent. that visitors "please rap before Professor Milton Kaplan will walking in." Summing up his be returning from sabbatical expectations for this period, he next week. Mr. Kaplan has said, "I'm doing nothing to get been in Bangla Desh preparing a memo on local government. excited about." Barry Boyer's plans will take On his return trip to Buffalo he him out of Buffalo and to Ox- will stop at Nairobi, Kenya to ford, England. There he plans present a'copy of his report to to help prepare a study for the the United Nations DevelopOxford Center of Legal ment Program (UNDP). 3Oct0obe,r 1980 Pjww 9 �.. Record Rack Donna Summer Continues Move Towards Rock by Michael Rosenthal DONNA SUMMER The Wanderer Walk Away Donna Summer was the successful female recording artist of 1979. She had, over the course of that one year, three number one singles ("Hot Stuff," "Bad Girls" and most "No More Tears (Enough is Enough)"), two top five singles ("Heaven Knows" and "Dim All The Lights"), and two number one albums {Bad Girls and On The Radio Greatest Hits Vol, 1 & 2). 1980 was a very quiet year for her. Only one single was released during the first half of the year ("On The Radio") and the only single released before this month in the second half of the year was a rerelease of her second hit single, "Could It Be Magic?" Legally, 1980 has not been a quiet year at all for Summer. In January, Summer instituted a lawsuit large against Casablance Records President Neil Bogart, his wife (and her ex-manager) Joyce Bogart, and Casablanca Records. The jist of her complaint consists of allegations of misrepresentation, mishandling, and misdirection by the Bogarts. Then, prior to any answer being filed, Neil Bogart resigned as President of Casablanca so Briefly creates a spacy, dreamy, otherballads "Danny's Song" and worldly effect. Disco fans ANNE MURRAY'S GREATEST "Sjhadows In The Moonlight," might not exactly go for the HITS every aspect of Murray's Despite the fact this album career is covered. The earliest slowness of this piece, but its roots are just as strongly disco was released during the tune on the album is as they are Synergy or Jean Christmas season there is no "Snowbird" and the most reMichel Jarre (two of the more question that Murray was due cent is her current single, noted synthesizer artists). for a Greatest Hits album. She previously available only on "Running For Cover" and has been racking up hits for the Urban Cowboy soundtrack, "Who Do You Think You're almost a decade now and this "Could I Have This Dance." the Foolin' " are very memorable is the first such album release Furthermore, on and is for her. this of the Everything ordering tunes "Breakdown" chronological pop strong . in the Summer album is also a bona fide hit songs on the album nicely aids rock/disco mold. "Looking Up" with many of her lesser hits in examining the growth of one is about the closest the album omitted. In fact, not a single of the finest crossover councomes to genuine disco. Final- cut that missed the top forty try/pop artists of the last ly, "I Believe In Jesus," a appears on this album. Further- decade. strange melding of gospel and more, the variety of the songs Summer's disco based ballad on this album easily surpasses style rounds out the album in what can be found on any Mur- KOOL AND THE GANG as unexpected a manner as the ray release at any time. From "CELEBRATE" This group finally came into the rocking Beatles cover "You title song began it. own last year with Deodato to its This album will take a while Won't See Me" the sprightly Monkees remake aboard as producer and with to grow on you, but most of pop new Jead Summer's releases have. It is "Daydream Believer," to state- the addition of a her refusal to be categorized ly ballads like "You Needed singer. Ladies Night was a and her willingness and ability Me," to the gentle flowing smooth disco album and it to change that have made her the only true star to have risen during the disco boom. Walk Away is Casablanca's mmmmmmwammomaoammmmmmf attempt to continue milking Donna Summer for all they can. The release of "Walk Away" as a single made sense, for it focused on a style ignored by single releases and was possessed only by those who owned the Bad Girls album. The release of the album Walk Away is atomplete rip-off. Every cut on the album with the exception of the title song, appeared on On The Radio Greatest Hits Vol. 1 &2. Five of the Cuts, fully half of the album, appeared on both the latter album and Bad Girls. Remember, the sole purpose of this album is to milk the catalog possessed by that he could form an entertainment complex, whic he has now formed and christened Boardwalk Entertainment. Summer at that point exercised a "key man" clause that she and Kiss both had in their contracts with Casablanca. This clause provided that should Casablanca and avoid the Bogart cease to be operations album. Stick with those that manager of Casablanca came out while Summer was Records, the artist could, at still under contract! will upon such termination, opt out of their contract with the label. Casablanca soon brought countersuit against Summer for breach of contract, and sought injunctions against Summer signing with another label and releasing AAX * Loophole© records on another label. These injunctions were all denied, Summer became the first artist to pact with Geffen Records (John Lennon is the second), and the single and album entitled The Wanderer have finally been released. Even more obvious than on the Bad Girls album is the cross between a rock and disco orientation on this album. The title song has a new wavish feel to it, the vocals are deeper than Summer has ever sung before, and the instrumentation has a hard-edged rock feel. Even more rock oriented is "Cold Love" with its incessant drum beat and a stinging guitar solo. The vocals here are much more in a recognizable Summer style, but it is the rock voice of "Hot Stuff" instead of the disco diva of the early years. The most Euro-disco of the is "Grand Illusion " However, unlike the early synthesized effects of "I Feel Ift Love," here the synthesizer pieces Opinion 10 October 30,1980 byhalmalchow contained one of the best ballads of the year also ("Too Hot"). The lessons learned with Ladies Night have been applied with Celebrate! and. expanded upon. The smooth jazzy disco exemplified by the title single on the last album is here showcased on ''Celebration," "Take It To The Top" and "Love Festival." This album has three exquisite ballads ("Just Friends," "Love Affair," and "Jones vs. Jones"). The latter song should-instantly appeal to anyone bothering listen to the lyrics and the fine vocalizing very much resembling that of "Top Hot." The growth this group has shown through their most recent two albums should keep them on top for many years to come. And this from a group to whose claim to fame was once Jungle Boogie\ maj] \\\ r~ |_ |~ Wf | |i ' C %4%? I thors.oct.3o 3:30 P.M. , IN THE i, ~ % 4VfJj ' AUDIOVISUAL. DEPT ,s+h FLOOR OF LIBRARY 1 n Mj> ;, - >J [iiulM �Pep Talk Second Annual Next-To-Impossible Sports Quiz by~Joe Peperone Everyone loves an argument, especially lawyers, or future lawyers. So, I'm going to present you a) Hank Aaron b) Ted Williams leader in the majors? c) Pete Rose d) Al Kaline to lead the league in penalty minutes one year, and win the Lady Byng trophy for sportsmanship and clean play 12) Who was the only onearmed baseball player in major another? 1941). b) Pete Rose Stan Musial d) Ted Williams c) Hank Aaron c) c) Brooks Robinson with something to think about, 4) O.J. Simpson is not the on-' as well as something to argue ly Buffalo Bill in the record my annual next-to- book. Which Bill holds the NFL over impossible sports quiz. record for recovering his own Sharpen your pencils and fumbles (37, to be exact)? proceed; the answers will be printed in the next issue. 5) Almost everyone knows that Babe Ruth finished his 1) Everyone knows that Lou career-with a record 714 home Gehrig holds the record for runs, but that isn't the record consecutive games played anymore. What is? with 2,130, but who is second 6) What former Buffalo Bill with 1117? ' a) Stan Musial shares a world record in track b) Pete Rose that will never be broken? *-^ c) Billy Williams I d) Ron Santo 7) Phillies fans are now c) Gil Hodges celebrating the end of over 90 years of waiting for a World 2) The National and Championship. What teams' American Football Leagues fans have now waited the merged in January, 1966, but longest for a Championship? each league kept separate statistics and gave separate 8) What hockey player holds awards until 1970 Sometime in the record for most goals in a that four year span, a_Buffalo season, including playoffs? a) Phil Esposito Bills' running back won the AFL's Rookie of the Year b) Bobby Hull c) Mike Bossy Award. Who was he? s d) Reggie Leach 3) Who holds the major c) Guy Lafleur league record for grounding in9) Who is the lifetime RBI to double plays? ... tional Hockey League player leaguer to hit .400 (.406 in Who was the last National Leaguer to hit .400? a) Ty Cobb league history? 15) Bonus: If you're still with me at this point, I'm sure to 13) Who was the last major lose you now. What do these league baseball player to win three men have in common: the triple crown? Dr. Benjamin Spock, General 11) Everyone knows Ted George Patton, and Mark 14) Who was the only NaWilliams was the last major Spitz?^ 10) What is the major league record for most strikeouts in one inning by a pitcher? Audrey and Al Invite You to Visit Their Military Recruitment Shop especially as summer interns, and deserters represent deserters and and best of all, you don't really What's the matter, booby? join, you are a civil service other incorrigibles by pleaYou say law school is getting employee, no commitments! bargaining for undesirable **■ you down? You say you sent And the best thing about it discharges (i.e., certificates of out your resume to the printer, unemployment) is you don't have to feel shy or and all you got back was 500 embarassed because times court-martial people for match books with covers tell- have changed! preference Yessir! Gone their sexual ing you to take a cor- are the bad old days when that demonstrate their comrespondence course in plumbstupid war made people ner- mitment to affirmative action allowing 6.2% of their ofing? You say you got the vous about working for the by to be black, while 51% mumps on the day of your big government. People ficers underinterview and the guy told you their are prisoners of black today. Yessir! A recesthat you probably wouldn't fit stand restrict women's job opsion and a tight job market can int because his whole office is portunities (in the Navy, only silence most any little moral 24,000 into jogging? You say you're scruple. of 464,000 enlisted jobs It's cool, now. Yessir! feeling uptight because No more chanting, "ROTC, off can be filled by women, in the everybody you know has got. Campus," no more picketing Marines, 6,900 of 137,500, and jobs locked up while you can't Dow Chemicall Believe me, in the Army, 55,000 of 676,000) even' get a response from that are gearing up for big booby, the illusions are gone. with their nuclear first things plumbing school? Yessir. We aren't talking about strike capability and their WELL, LIFT UP YOUR HEAD Peace Now, we are talking special commando force for AND TUCK IN THAT CHIN about your car payment. third world operain action AND PUT A SMJLE ON YOUR Yessir. tions (no minorities need appFACE, JACKSON, 'CAUSE IT'S If you're still not sure, don't ly) A NEW DAY DAWNIN', A Believe me, booby, military forget there's the glorious First NEW DAY! And march Amendment, just in case law is in. Bigger than plastics. yourself in' to AUDREY A~Nb there's a few killjoys left out To hell with those snooty Wall AL'S MILITARY RECRUITArmy got a Street„ firms.. Amateurs! Join MENT SHOP, because 'thfey there. Ain't the to right tell their side? Ain't the people who know where have got a deal for you today! you got a right to hear them, if class warfare is really at. 100% Why, you can work for the you want? What's the freedom pro bono publico! U.S. Air Force, or with the Ar- of contract all about, anyway, But don't take my word for their prayers by night" until a my JAG Corps! The Navy has and free enterprise too, if the it. Just keep your eye peeled full moon rises? been around, and the Marine's military can't come here to for the Placement Newsletter. 9) What must one burn to are on their way. Audrey says persuade you to join the poe- At Audrey and Al's the motto summon a mummy (answer the JAG Corps is interested in plewho: is: We're here to serve them, I and complaint nontwithstanfirst year students, too, prosecute draft resisters mean you. ding)? 10) How to the creatures die in War of the Worlds and which planet are they from? BONUS: Who played "Frankenstein" in the original 1932 movie version classic? / cannot go back to that house, for it is haunted. jtcs9 tkS Yes, haunted by the memories of you, memories of us by David Nelson — — — — Monster Movie .. Quiz by Edward M. Sinker 1) "The spider spinning his the web for the unwary fly blood is the life " was said by ?? in which horror movie classic? 2) What must a vampire have in his coffin to survive? (Hint: not a mistress) 3) In Night of the Living — often moviegoers as confused often are two the monster; tein Frankens- the played Karloff Boris and Frankenstein played Clive in Col- BONUS: and martians, the kill ultimately air the in Microbes 10) leaves, Tanna 9) wolfman, the on pentagram the of sign the 8) cross), a with etched (preferably heart the to bullet silver a and water, ning run- fresh well), as headaches mon com- most (cures garlic with head the of stuffing subsequent and The transporter room in the popular Star Trek series was the subject of an unsuccessful experiment in what horror movie? Who played the scientist? (Hint: He once starred in Voyage to the Bottom of the Sea.) 6) What strange weed (no foola arounda or I slappa you face) causes a change in Lon goes: Here Chancy? What monster did he decapitation sunlight, Lawrence 7) Talbot movie, the in portray and what was the name was wolfman the whose movie? monster's name in the Hedison, David 7) Perhaps the most well on Wolfbang 6) 5) (Remember?), by played Fly. The known way to kill a vampire is beast!" the killed that beauty was driving a wooden stake "It Kong, kill not did bullets firing through his heart, but can you airplanes Wray; Fay 4) mosphere, name at least four other at- earth's the into crashing and methods which wort* -equally reentering spacecraft a from tivity land Radioac- 3) Transylvania, as well? 8) What symbol can be native his from Soil 2) Dracula. 1) ANSWERS: found on all "men whosav in.! Lugbsi Bela 5) . . .. C~~ The Haunted House Dead, what causes the dead people to come back to life? 4) What actress did King Kong carry to the top of the HALLOWEEN!!! HAPPY State Building and "Frankenstein." as what finally killed the gigantic incorrectly, monster, the to refer gorilla? . — — — Awsf-~~ Moments we shared as two carefree spirits waiting quietly. Hide in every room .. £m&Sk .. -MSf No sadder sorrow than that which enshrouds a depressed body, For death is nothing more than a passing time passes. ~~- " _ ~ iMil^l ~-—^H§Sl --' -^^SrW And so like the corpse that cannot see past the four walls which surround it, I lay in the house entombed by bittersweet memories of the past. i Blinded by past and present, I will see no further Evermore, the star twinkling on the horizon. Oh Spirit of the Future, I dread thee most of all For thou never presents thyself ... — — Your ghost hides in those special rooms rooms we knew too well. The hollow walls echo the laughter and love we once shared there. If not for the ghosts, alone. I would surely be i . ' quasi N. Rem ('81) October 30,1980 Opinion UWJJ .WroiJofcv. iisnvtjd 11 �UB Law Professors Offer Curriculum Proposals and Criticisms continued frompage one year progression where one course leads to and provides a basis for the next. According to Boyer, areas that could be bolstered include corporate, anti-trust, government regulation, and public law. He would also like to see a greater emphasis on skills training, writing and advocacy practice. He feels, for instance, that a New » York Practice course would be more useful if it imparts a faculty member with someone is weak in the complex corwith the same area of porate and property areas, and knowledge.' would also like to see more The acceptance of larger in- training in writing. He is coming classes the last few another who feels that lack of years has meant that the law resources severly hampers the school is somewhat thinly staf- curriculum. "If you increase fed in relation to student the number of seminars to enrollment. Why? Boyer cites teach the writing skills, you budget problems. decrease the number of Associate Professor Mar- teachers available for the shall Breger agrees with Boyer . that there is a need simply for lamiiiniiimiiiiMiiimni i m^amsuamaaiv^ammmmm regular courses." According to Breger, the key to establishing creative courses within the law school curriculum is recruiting the creative people to develop and teach them. Associate Professor John Schlegel advocates a criminal procedure course to be taught parallel to a course in civil procedure. He says he would like to see a corporate finance course which would "roll together aspects of corporate more practical knowledge of more courses. He contends and security material." Other the procedure, rather than just that "the mission of law school areas which could be going over the rules. curriculum is not to stress what strengthened, according to Boyer points out several was important yesterday, but Schlegel, are advanced prorestraints on the amount and to equip students for what will cedure/complex litigation, variety of courses which can be important tomorrow." In business and labor regulation, be offered. "When I first got this regard he would like to see juvenile law, and tactics and here in '73, faculty turnover course offerings in the area of strategies. was more of a problem than it computer or solar law, for exWhen asked if there were enough forward-looking is now, and it isn't always ample. possible to replace a departing Breger feels the curriculum courses in the curriculum. Associate Professor Marshall Breiger. Guy Van Baalen Ba len Van Guy Associate Professor John Schlegel (exclamation point)! Schlegel replied that there was Dean Headrick, there are cur"not a lot of work going at " rently no formal proposals developing them. He did, from any faculty members to however, point out as an examteach new courses. Associate ple of such a course. Professor Dean Boyer says that the proMcCarty's course in Data cedure for polling the faculty Banks and Privacy, which for suggestions for new Schlegel called "a good course courses is just getting under that was under-subscribed." way and he expects to be getting some proposals in the Schlegel also said he felt future. that the curriculum "doesn't While there were many sughave enough courses that pur- gestions for course additions, or noncounseling, sue suggestions for lawyer-like there were no advocacy course deletions. As one faculbehavior." ty member, who declined to be Although there appears to interviewed, put it: "You don't be no end to faculty ideas for go around kicking your colimproving and expanding the leagues in the teeth. At least law school curriculum, states not in print." Cathy Carrick Appointed New Library Director continued from page one faculty and students of the Law School and has a collection of over 227,000 volumes and a total professional and clerical staff of 24. She will concurrently serve as a member of the Law faculty. Kathy holds a B.A. from Duquesne University where she majored in journalism. In 1973, she received her M.L.S. from the University of Pittsburgh followed by a J.D. in 1977 from /•rtnri'riii/1/i rmm nnno f\r>& the Cleveland Marshall College of Law of Cleveland State University. Kathy was admitted to the Ohio Bar in November, 1977. Prior to joining the University Libraries, Kathy was a research assistant for both The Plain Dealer and the Ohio Public Interest Campaign. Her first position at SUNY/Buffalo was as Head Reference Librarian and acting Public Services Librarian at the Law Library, a position she held from August 1977 until August 1978. She then was promoted to Associate Director, Public Services Librarian and held that position until her recent appointment as Director. Since joining the Law Library, Kathy has been involved in a variety of projects. One of her major accomplishments has been the acquisition of LEXIS. She was instrumental in writing the budget justification, which made it possible for the Law Library to obtain this research tool. Kathy helped coordinate library participation in the Legal Research and Writing Course offered by the Law School. In addition, she coordinated a highly successful Institute oh Legal Research, a program of the American Association of Law Libraries, which was held at the Law Library in 1978. Kathy has served on a variety of committees and organizations, including the Libraries' Public Services Committee, the Library Faculty Program Committee, for which she was chairperson, the Faculty Senate and the Law School Appointments Committee. She is a member of the American Association of Law Libraries, The State University of New York Librarians Association, the Association of Law Libraries of Upstate New York and the American Bar Association. Kathy finds the biggest challenge of her position to be administering a majdr academic law library within the constraints of the State University system. Kathy has already demonstrated her abilities in this area by her skillful handling of the continuing budgetary and personnel cuts within the Law Library. Kathy has authored an article entitled "A Case Study Approach to Legal Research: the Kent State Case," which appeared in a recent issue of the Law Library Journal. As a member of the law faculty, Kathy will continue to do research. She has not yet decided what area to conceninterested in first amendment issues. trate on, but is While Kathy spends many hours each day in the Law Library, she has time for hob- bies, which include bike riding and skiing. She is also an avid sports fan. Though Buffalo has three major league teams, Kathy is disappointed that there is no major league baseball team. When asked about the Bisons, Kathy, who was raised on professional baseball (her father played the sport), stated, "Even the Indians could beat them!" Reserves Dwindle: SBA Budget "No Cause For Alarm?" . Presently, there is only $351 unallocated in the SBA's budget. SBA officials say there is no cause for alarm since "groups have never spent as much money as they've been allocated." Some groups. may be requested to take immediate budget cuts so there will be adequate surplus funds available if needed. „„. Office Recruit Women's Law Total B.A.L.S.A. -*-*/ Total BLP. Total . Office Dues Recruit Ne-le«er Symposium LSAT Workshop Orientation Community Outreach ' ...„ „ Open House Travel Xerox , _. v E Visitor's Forum Distinguished ota ' ' International Law Total Moot Court Desmond art Page twelve Opinion ° 300.00 1.963.49 75.00 125.00 225.00 425.00 To ta/ Opmion _ Office Convention October 30, 1980 300-qa ' 150.00 Movie Total Center for Public Interest Law „ Off.cc 40.00 100fJ0 Tola/ 7 303 73 Consumer Mediation Board Recrujt '***• S.B.A. Commencement Total Orientation Total Sub Board 4750 ° ■ 555.00 S I 35.00 Total 35.00 Telephone for all organizations S.B.A. Office External Affairs 700.00 Conventions (Earmarked) 50.00 183.50 Student Evaluation Booklet Allocation (University-wide) Accounting Fee - 1,500.00 1,500.00 3,000.00 1,698.29 1,117.75 10000 100.00 1,600.00 700.00 . Total Public Interest Law Board Total • OSHA Committee Tota/ ' xLto 40.00 137.00 51.28 40.00 Office Newsletter 370 R3 ° Office Postage S Writing Comp. g»g ph„tn ot ° Journal 65.00 10000 Total 165.00 HANALSA „. 114.98 Office Project . Environmental Law Society ,158.50 Conference lotal 4,126.25 1,200.00 50 80.00 35.00 50.00 35 00 125.00 SB.A. Social 100.00 Athletic Fee (University-wide) 50.00 s.B.A. Jessup 200.00 pad „ Orientation Newsletter Recruit Dues Community Pro ect i./uiuu Recruit Competition Total National Lawyers Cuild ,nm 50.00 225.00 2750 63.49 200.00 300.00 10000 400.00 300.00 300.00 - Unallocated S.B.A. Total Recruitment Orientation Newsletter Office Telephone Xerox Books Recruit Office Projects Office Xerox Books D " eS "- . 300.00 100.00 75.00 666.28 50.00 854.00 40 00 25.00 45.00 1,014.00 50.00 3,000.00 3,050.00 50.00 40,00 75.00 50 21500 351.01 -°° $38,679.96 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a72266cce0bc90a010bc4f0eb9564615.pdf 831f7d2caf6a287642c89704effd7040 PDF Text Text Blumenthal Brings Expertise to School by Scott Wright Toward the close of her first class Professor Blumenthal paused for a question: Why diet she leave Skadden Arps to teach at Buffalo? "Actually, those whoknow me would ask why I ever went to Skaddan," said Blumenthal. Barbara Blumenthal Joined ; the faculty this year primarily !to teach a much needed course in antitrust. First Guyisemester she is teaching an in- ; Vanß le Professor Barbara Blumenthal prepares for another class. Herantitrust experience makes her a unique asset to the law school. Non-Front Organization US Postage PAID Buffalo. New York Permit No. 708 troductory section only. Second semester, while schedul- Opinion Ed to teach a section of corporations, she tentatively plans to offer an advanced seminar in antitrust as well. Born in New York City, Professor Blumenthal was raised in Denver, Colorado where her father teaches at the University of Denver Law School. She has lived in California, Illinois and Connecticut. She graduated from Oberlin College in 1972 and went immediately into a fellowship at the University of Connecticut cont'd, on page three Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "Only the apathetic have no opinion ..." Volume 21, Number 3 State University of New York at Buffalo School of Law October 16, 1980 Effective Waste Disposal For Niagara County? by Laurie Gross allowed for the free flow of traffic at all times, agreed to The following is the first of a repair any damage to two-part series on the problems driveways, and obtained of effective waste disposal in liability insurance for itself and its contractor, SCA could Niagara County. proceed with the pipeline conNiagara County has issued a struction. right-of-way permit to SCA Attorney and Environmental Chemical Waste Services Inc. Scientist Barbara Morrison was of Porter for construction of a hired by the Town of Porter to Spectrum" waste pipeline to the Niagara file suits against SCA. In the River. Utilization of the Court of Appeals case, the pipeline cannot commence un- Town of Porter is refusing to til the associated Court of Ap- grant the building permit. The peals case and suit in the Ap- case is pending and will not be pellate Division are settled. settled until the end of OcAfter much, controversy. tober at the earliest. State Supreme Court Judge The suit in the Appellate "Sewer Cleaning Specialists" profit from polluting profiteers. Joseph D. Mintz ordered Division deals with the enNiagara County Public Works vironmental impact question. from the Niagara Falls defunct leaching into the ground Commissioner Donald J. Smith It seeks to overturn prior DEC sewage treatment plant," says water, Allison Livingston of to grant the permit which will approval of the pipeline. In Don Henry of Operation CAP fears. "The whole area is follow the same conditions this effort, the Town of Porter Clean. He believes the pipeline threatened, not only now, but outlined by one issued in is supported by Lewiston, will have a considerable effect in the future," she says, "and February 1979. The five-mile Niagara on the Lake, Ontario, on the water. "We want to that's what we're looking pipeline will be constructed Operation Clean, and Citizens clean up the lake," Henry says, \toward, the future." According to Livingston, from Balmer Road in the Town Against Pollution (CAP). Their "not add to it." of Porter, under the county's common ground is that they It is only a matter of time CAP was established to Lower Road in Lewiston, to the receive their drinking water before the chemicals will be organize the concerned people from the Niagara River and Niagara River. According to Smith, the they are concerned. original permit had expired The groups argue that because work had not begun technology has existed for 20 on the project within the years which can effectively specified 90 days. SCA argues, treat most, if not all, hazarby Edward M. Sinker ing this semester than ever however, the 90-day period dous waste. They believe it is was to begin after all other the responsibility of the state before. Our men have increasStudents- receiving traffic ed ticketing as a result." legal proceedings regarding and federal governments to University records indicate, the project were completed. establish the legislation that tickets on the Amherst campus The conditions in the would make these facilities from university police have between" both campuses, an isoriginal permit allowed SCA to mandatory. Current methods discovered a way to "beat the suance of 8,419 tickets from build its pipeline under Lower of waste treatment and system." Increasing numbers January 1 to September 30. No River Road after receiving disposal are cheaper and inof students have been pleading figures are available as to ex"not guilty" to the alleged actly how many of the Department of Environmental crease profit, but the SCA opviolations in an attempt to Amherst campus tickets were Conservation (DEC) approval ponents question the comand permits required by the pany's ability to adequately confront the campus cop in unconditionally discharged, agency and after obtaining a handle the 4,000 tons of waste court. The cop does not appear but Director of Public Safety building permit from the Town material accepted by the firm in court and the ticket is "un- Lee Criffin agreed "the abuse of Porter. Once they supplied each month. They accuse the conditionally discharged." has reached epidemic proporTraffic Lieutenant Jim Little tions." written notice to the public company of placing profit. of the university police said, works department within 72 before people's safety. We'll have to either quit hours of starting construction, "There's enough garbage "I've noticed more illegal park- writing tickets," said Griffin, \ "Tothe courtesy Phot into effective action. "Our purpose is to get people aware, to get them involved," she says, "because the sooner they're aware, the sooner we can alleviate the problem." The second part of this series, to appear next issue, deals with the secured landfills of CECOS International, Inc. Dismissal of Parking Tickets Concerns UB Administrators "or start sending our men over the Amherst courthouse." Griffin explained that exhorbitant costs have, in the past, precluded sending officers to confront the accused each week. "Union agreements re quire that off-duty officers be paid overtime," asserted Griffin, "for their appearances in court. The union contract also guarantees a minimum of four hours overtime." University police earn $10 for each hour of Overtime, thus to . cont'd, on page eight �.Vol. 21, No. 3 OpiniOn October 16,1980 1 President's Comer We Can Make the Difference The final voter turnout was even more depressing. Barely a third of you all cared enough to show up at the polls in the general election, and only a third of that in the vote on the referendum. Frankly, I had thought that it was faculty and administrative insensitivity to the SBA that caused the regulars' retreat from involvement. The student Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Feature Editor: Feature Editor: Photo Editor: Business Manager: Marc Ganz Ralph W. Peters Michael Rosenthal Guy Van Baalen Amy Jo Fricano Staff: Doric Benesh, joe Peperone, Alan Beckoff, Melanie Pierson. Contributors: Bill Altreuter, Heather Byrne, Arthur Scott Garfinkel, Laurie Gross, Karen Spencer, Scott Wright © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is. funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Campus Security Should Face Problems Head-On The exorbitant costs of providing adequate due process of law have been asserted by Amherst University Police as an affirmative defense to their issuance of what becomes unenforced parking tickets. The dilemma demonstrates far more than the continuing clash between due process concerns and prohibitive enforcement costs. Behind the facade of constitutional and administrative con- siderations, lies the real problem: the continual failure of Amherst University Police administrators to "grab the bull by the horns" and grapple with the dilemma directly. Interviews with campus security administrators disclosed three distinct reasons for the failure of officers to confront "not guilty" pleas in Amherst Town Court: (1) the courthouse has failed to notify campus security of these "not guilty" pleas, (2) the new security officer who replaced _the previous officer stationed at the courthouse on parking violation nights either did not know or was not told he was to be in court those nights, and the administrators had "no idea" he was not appearing before the court and, last but not least, (3) the overtime costs of sending officers to court cannot'be justified on a cost-benefit basis. Whatever their real excuses, the fact remains administrators have done nothing, at least not until Opinion spoke with them last week, to address this matter directly. The past several months have indicated the recurrence of this fact-pattern of students pleading "not guilty" with no show by the security officer. It was not until such abuse had, in Director of Public Safety Lee Griffin's own words, "reached epidemic proportions" (and, coincidentally we are told, after Opinion brought the problem to their attention) that campus secdrity administrators suddenly awoke and said they were now prepared to act. Opinion suggests that a regular officer be assigned to the courthouse for traffic ticket contentions. Alleged violators should be informed by the court that the appearing officer is not the ticketing officer, but that the officer would be present for trial on an adjourned date. The assigned officer would only serve to assist the court with any factual questions it may have (e.g., is there a posted sign in a particular location or is this a no parking zone?). This suggestion would serve to "weed out" those who have legitimate claims from those who have pleaded "not guilty" on the mere chance that the ticketing officer will not show up in court. In his cost/benefit analysis, Griffin considered only the costs of paying campus cops, overtime. His calculations did not include lost revenues resulting from $10 tickets being unconditionally discharged each time one of his cops failed to show in court. Nor did Griffin concern himself with the costs of paying cops to write tickets which would never be enforced. Is there anything truly cost effective in the present situation? The constitutional confrontation with exorbitant administrative costs is admittedly not a readily resolvable issue, but the problem is not made any less burdensome by postponement or alleged ignorance of its existence. Perhaps a more acute ear to the campus-community pulse and a more watchful eye of their own bureaucratic shortcomings might be in order for Amherst University Police administrators. Griffin sharply told Opinion (see story on page 1) it is none of our business why administrators have neglected this problem in the past. As taxpayers, students paying tuition, and generally concerned citizens, we have every reason to make such administrative negligence our business. Should Griffin truly feel otherwise, we would have every reason to summarily seek his resignation. 2 Opinion October 16, 1980 by Bill Altreuter Why doesn't anybody want this job? When I decided, back in July, that a run for the Presidency was worth the effort, I didn't think I had a chance of winning. All I really wanted to do was inject a fresh sensibility into the process. I had never been involved with the SBA before, and I assumed that one of the regulars would win. All my past experience with student government indicated that the spoils go to the hacks, but I filed my petition anyway, in the belief that I was the most qualified can- didate. To my bewilderment, none of the expected opposition materialized. Most of the people I had felt sure would run signed my petition with a smile, and wished me luck. Some accounted for their retreat from the political scene by explaining that they had acquired other responsibilities; some just wanted out. -All' agreed that I had my work cut out foT me, but that '-someone has got to do it." In addition, no other dark horse Presidential aspirants emerged, and in fact, all of the candidates for slots on the ex- ecutive board ran unopposed. Further, only the VicePresidential candidate, Matthew Modica, could claim prior SBA experience.- The second and third year classes were unable to field full director slates. Only three candidates ran for the vital Faculty-Student Relations Board, and one had his petition invalidated, so that only two names were on the ballot. greater clarity from-the faculty as to what is expected of us on exams. 3. The SBA is in a position to enhance the quality of law student life by providing the funds for extra-curricular and social events. Let no one kid you: these things are very important, and"** am committed to supporting them. 4. The quality of facultybody was the last place I student relations is badly would have looked, but these strained to say the least. The last few weeks have been full SBA can demonstrate to the of surprises. I would never faculty that we are responsihave thought that the lame ble, that we are professional, duck SBA would have taken it and that we do deserve their upon itself to contest an unop- respect. By the time you read this I hope to have taken steps posed election, either. The passage jof time has in that direction. The appointcooled my temper to the ments I have made to the degree that I am inclined to Faculty-Student Committees believe that stupidity rather are all people I believe will try than malice was the motiva- to work at making a difference. tion for the Fickle Five's Many of these people are fresh refusal to validate last month's faces — my recent experience election. Regardless of motive, with hacks has been an education. Be assured that exhowever, the referendum's outcome indicates to me that their perience alone is not a suffipetulant efforts to render even cient criteria for an appointmore pathetic the mess they ment, and be confident that left behind were recognized they are capable and hardworking. for what they were. To those on the committees, I ran with the slogan, "It is to possible make a let me remind you once again difference." I believed it then, that respect can only be earnand I still believe it. Whether ed by demonstrating that we or not I really can, or will, is are willing to do the work that still an open question, which it takes and accept the respondepends a lot on you all. Know sibility that attends the drive that I have every intention of to make a difference. trying. Look for the SBA to Remember that the respect of the faculty is an absolute begin to work in these areas: 1. The SBA is in such a state precondition for faculty of disorder at this point that responsiveness to our needs. This is an opportunity for us we enjoy almost zero credibility from faculty, administra- to redeem ourselves from'the tion, and ourselves. Major embarassment that the elecchanges in the way we conduct tions and the procedural our business are essential, as nonsense that surounded it I'm sure is obvious by now. I have caused. If we have any refuse to let substance take a self-respect we will try to do at 'back seat to procedure, and least this much right. will initiate whatever reforms I went into this with my eyes are necessary to that end. open. I know it's going to be a 2. The grading system here lot of work; I expect it to break at UB is probably the leading my back, but I'll be damned if component in the superior, I'll let it break my heart as relaxed atmosphere enjoyed well. I'll go to the wall on by us all. It is also one of the every issue if I have to, but I primary sources of frustration will not go alone. Thank you and alienation among the for your past support — now students. I want to push for the work begins. 1981 Commencement Committee Organizing Upcoming Activities To the Senior Class: Last spring, the 1981 Commencement Committee circulated a survey to ascertain your wishes with respect to Commencement. As a result of these findings, Anthony Lewis, correspondent for the New York Times and the author of the book Gideon's Trumpet, has accepted an invitation to speak at the ceremony which will be held at 1 p.m., May 24 at Kleinhans Music Hall. We also requested ideas on what types of activities you wanted and how they would be financed. An overwhelming majority of voters favored the idea of paying senior dues so that more quality events could be planned. Consequently, we are now collecting eight dollars per person as senior dues. . Three major events have graduation, May 23, 1981, already been planned for the there will be a cocktail party Spring semester. On February for graduates, parents, friends 12 there will be an "100 Days and faculty at a local hotel yet 'Til Graduation Party" at a to be determined. local bar. This beer blast will Quite frankly, the more be free to those who have purmoney we get, the more we chased senior IDs. All others can plan in terms of picnics will be required to pay admisand parties the week between sion. graduation and exams. Also, On Ap/il 3, 1981, there will the sooner we get the money be an evening of drinks and in, the better, because that dancing at the "semi-formal" way we will know how much which will be held at the new we have to play with. As an exdowntown Buffalo Hilton. The tra incentive for paying senior event will run from 9 p.m.—l dues as soon as possible ID's a.m. with at least two hours of can be purchased Mondayopen bar and continuous hot Thursday, 9 a.m.—4 p.m. in and cold hors d'oeuvres. front of the Library, at the rate Senior dues will help defray of $8.00. Next semester they part of the cost of the event, will sell for $10.00. and seniors who have purchasIt's been a long three years ed an- ID will receive dis- so let's go put in style! Ml! counted ticket prices. The 1981 Commencement Finally, the night before Committee �Commentary: Candidate Lucey at Squire Hall by R.W. Peters Walker classic,' Mr. Bojangles had the audience grinding their molars. The Pointless Brothers were originally slated to appear at this shindig, but were said to have thrown their lot in with Lev at the last moment. Exuent Glenn Wallace- In came Lucey's advance men son's position on several issues. Nothing surprising came up, and I will not recount his platform in detail. The entire thirty-minute speech was tailor made to the "youth" vote. Lucey, in no uncertain terms, denounced a reimplementation of the draft. and Secret Service escort. He reiterated the strong Looking up and seeing his Anderson-Lucey stand on phalanx of rain-coated "energy conservation, with emoperatives, I thought for a mophasis on solar development. ment that London Fog was inThe two are pro-ERA. At the troducing its new line of rain mention of each of these gear in the Conference stands came loud hoots of apTheater. These fellows were proval from the crowd. very jumpy, having heard that A brief question and answer a Croatian terrorist group. Plasession followed Lucey's que 7, was operating out of the speech. As could be expected, nearby ÜB. Dental School. most of the student questions After sniffing about a bit, their centered on food stamps, beefy leader, a Ham Jordan changes in the BEOG program, clone, motioned "coast clear", and other matters of imand Lucey, after a quick in- mediate concern to those sucktroduction by your standard ing on the public teat. S.A. twerp, made his grand enA question not in this vein, trance, receiving a smart hand however, was asked by a young Ulyanov who had the frOm the assemblage. Patrick Lucey, John Anderson's running mate, spoke last Monday to an SRO crowd at the Squire Conference Theater. Lucey is.not a particularly charismatic politician. He is a fforid complected individual of average height, possessing a .-pair of ice blue eyes (somewhat magnified by the lenses of his glasses), a thick head of statesman-gray hair, and the broad, patient face of a Wisconsin dairy farmer. Lucey was whistlestopping Buffalo, the Murmansk of the deteriorating American Northeast, hoping to drum up support for the flagging Anderson campaign. Anderson had originally intended making the trip to Beau Fleuve himself, but was called away at the last minute to portray the "Man from Glad" in the popular trash bag commer- cials. Anderson has been forced into such unorthodox fund Lucey tossed out a few oneraising tactics because of liners, mentioned chicken changes in the Federal Cam- wings, the Bills, the weather, paign Funding Laws. and Jack Kemp (whom he The Vice Presidential can- facetiously called a "near didate was a bit late, and the great"). Believing that he had waiting crowd was treated to thus secured the required the musical gifts of one Glenn foothold of intimacy with the Wallace, a local folk singer crowd, Lucey quckly moved to and comedian. He proved to attack Jimmy Carter, and in a be more of a comedian than a lesser fashion, Ronald Reagan. musician, and his excrutiating The Vice-Presidential canrendition of the Jerry Jeff didate also delineated Ander- temerity to suggest that by Arthur Scott Garfinkel Patrick Lucey, the VicePresidential candidate on John Anderson's Independent ticket, spoke Monday afternoon at Squire Hall. Being a bonafide executive office hopeful, Mr. Lucey is entitled to Secret Service protection. wondering whether she'd be The issue before us is deterworking again on the weekend mining the evidence that idenor all night doesn't allow the tified the Secret Service autonomy Blumenthal enjoys Agents to the audience in attendance. in teaching. cont'd, from page one in the History of Science. In 1973 she received a masters Would she recommend the same course to anyone thinking of teaching? "It depends," she says. "For me it was a great | thing to do." The caveat, she adds, is that the prospective teacher should consider practicing in a firm which does work in his or her area of interest. Blumenthal doesn't regret practicing. It taught her' "how things work, how the law is really applied." She notes that antitrust practice in particular reflects a large part of the law which the casebooks k omit. While at Skadden, Blumenthal assisted in completing the first supplement to "Acquisitions Under the Hart-ScottImRodino Antitrust provements Act." The treatise took three partners and three associates several months to complete and was finished only recently. While Blumenthal admits it made her an expert in certain areas of antitrust, she is relieved she won't be available for the next supplement. Professor Blumenthal likes the pace of Buffalo, but was taken aback recently when the Buffalo Chamber of Commerce arrived at her house to film a commercial and stayed all day playing Buffalo's theme "psychological income" song over and over. A bit associated with working in a homesick, Blumenthal has conlarge firm involved in large fided privately that the -Bills deals. Nonetheless, "constant- are "almost as good as the ly reporting to partners" and Broncos were." ("The Independent John Anderson's addresses crowd at Squire Hall. son was a tool of the Trilaterial Commission (which has become the new Boogeyman of the New Left). Lucey fielded this question/polemic with some aplomb, stating that he felt no need to apologize for Anderson's connections with that organization, and DiVncJeazomes .running mate, Patrick Lucey, himself considered the Com- mission merely a counter to OPEC and various Third World organizations. With that retort, Lucey exited to a standing ovation and the whirring sound of Nikon he motor-drives. Nothing "Secret" About Lucey's Secret Service Protection Blumenthal Likes Buffalo degree, took a look at the job market and concluded that "investing time and money irTa PhD. was fruitless." Law school was a possibility, as Blumenthal had previously worked for attorneys but was of the belief that "what they were doing was interesting but I wouldn't want to practice." Instead, in an attempt to begin the teaching career she knew all along whe would settle into, Blumenthal joined Vista. From 1974 to 1975 she taught in the Hartford, Connecticut Public High School Alternative Learning Center. It was during this time that Professor Blumental's interest in law became well enough defined to persuade her to go to Jaw school. As a result, after leaving Vista she attended University of Denver School of Law from which she graduated in 1977. Blumenthal accepted,.in her desire to get practical experience for teaching, an offer to join Skadden Arps in New York City to take advantage of the opportunity to see how those in the trenches perform. For the two and one half years shewas with Skadden, Blumenthal wdrked in the antitrust department. While young associates don't face precisely the same anxieties young instructors face in class, Blumenthal points put a Ander- Bufalon ") Seven or eight' Mormons or marched through Squire Conference Theatre (right/left) to the platform where Governor Lucey was to speak. As they passed by my eyes wandered up the back of their individual heads. But individuality was lacking in their respective hair styles. The backs of their heads looked as if Lord Toronaga had just finished doing the cutting. If their dollar seventy-five, the-barber haircuts were not Aryans conclusive, their protruding Sam Browne four inch leather belts holding up the 357 magnums put the audience's curiosity at rest. One would think that the Secret Service, which prides itself on its covert operations, would try to be less obvious or more secretive, but one must not overlook the fact that the Agents each had on different color three piece suits. Profs Say Dean Got "Bum Rap;" Feel NY Practice Not Essential tended to focus on understanding rules and how to use We are writing in an attempt them, they should provide apto set the record straight about propriate training for the prothe future of the New York cedural issues covered on bar Practice course, an issue which exams. Of course, certain has received much attention in specific provisions of New recent editions of your York procedure must be learnnewspaper and in the halls of ed. Indeed, since the Bar Exthis law school. The student aminers do not permit students perception of this matter — at to bring the CPLR into the exleast as embodied in Opinion am, some memorization of seems to us to be CPLR provisions is necessary. reports based upon a number of Such memorization is best acmisconceptions. After they complished by. students imlearn the actual facts, we hope mediately before the examinathat the students will tion and can be more than adereevaluate their positions in quately done in the context of any reputable bar review the matter. The first misconception is course. The second misconception that a law school New York Practice course is an essential is that the New York Practice prerequisite for the Bar Exam. course is academically We strongly believe that this is necessary. We do not believe there is a significant enough not true. The other Civil Procedure courses in the cur- distinction between the riculum give students an federal and New York systems understanding of matters pro- of procedure to justify a four lecture course cedural adequate to prepare credit them to cope intellectually specifically concerned with with anything the Bar Ex- the CPLR in addition to the aminers may throw at them. three courses in federal proThe basic'skill in handling procedure and jurisdiction curcedural issues is not knowing rently available. The third misconception is what the rules are, but rather understanding their purpose that the Dean hasv been and knowing how to use them. somehow conspiring to Since each of our courses is in- remove New York Practice To the Editor: — J from the curriculum. The fact of the matter is that after the sad news of David Kochery's untimely deathreached us, the Dean discussed the future of the New York Practice course with us as a group. It was our unanimous view that the New York Practice course should be discontinued. Still, the Dean has consistently sought to develop an alternative approach to a course in New York Practice which took into account the wishes of the -students. One of the principal reasons we have written this letter is because we think that the Dean is taking a "bum rap". If there is any person or persons responsible for a decision not to offer a New York course, it is the Civil Proceduralists on the faculty. The four credit New York Practice lecture course is being dropped not because no one can be coerced into teaching it, but because we believe it'is largely duplicative and, therefore, unnecessary. - Robert Berger Marshall Breger R. Nils Olsen Paul Spiegelman < Associate Professors of Law October 16,1980 \Opinion « i < .. Ill.il; .r.i.i^\i y 3 �Professor Spanogle Will Visit Egypt as an opportunity for education and cultural enrichment for himself and his family, who will accompany him. "My wife is an amateur Egyptologist," he said. The Spanogles visited Egypt about three years ago and "enjoyed it enormously." Spanogle hopes to share his forthcoming Egyptian experience with his students by eventually expanding the scope of his International To Assist In Agricultural Program by Heather Byrne will explain the regulatory tian regulatory system for system as it relates to Professor John A. Spanogle agricultural specialists af- agriculture." A wide range of is traveling to Egypt this jfiliated with the University of topics will be covered, inJanuary. He plans to prepare a California at Davis. cluding water rights, land marketing and financreform, the Spanogle explained that IUniversity at Davis has an ing. While Spanogle has had exagricultural extension program experience elucidating tensive agricultural Cairo and the in statutes and regulations, his experts there were encountering difficulty in fitting their formal exposure to the Egyprecommendations into an tian legal system is limited. Egyptian legal context. "The However, the professor mainbooklet," Spanogle said, "will tains a lively interest in Egypt, Professor John "Andy" Spanogle be directed to Americans. It and views his four month visit -, booklet interpreting the Egyp- < Authors wishing to enter the 1981 Federation of Insurance Counsel Foundation Student Essay Contest must submit their entry on or before May 1, 1981 with letter indicating school and eligibility (2nd or 3rd year law student at ABAaccredited school). The subject for the essay is any insurance related subject, including trial practice of insurance litigation. 1 ■ •J^^asr-rs:^ , »"^»»'»», y «■»■■! course. In Midtown Manhattan, only BAR/BRI has consistently oHered two live sessions (morning and evening) during the summer course. Afternoon videotape replays are available. In our largerlocations outside Manhattan, we offer videotape instead of audiotape MaWm\ ■ ■■Wl Mw mMWamIMmM £0- J aM\ llBBlwilBllI" ■■!] lt*S lIbI WIIW ■ I ■Nil. V|WW |VVI mm mi am Locations already guaranteed videotape for Summer 1981 include: Albany, Boston. Buffalo. Herripstead. Ithaca. NYU/Cardozo area, Queens Count/. studying for the m\ m\M\ ' QUI ■low Elf Wm YmWrm Vnnf mg\ Wk KQI* LJUI _ ■ ■ "*»»"■■■ mmwmmMm mma. fsa s»»i • % TUev did so because: , „„, I BAR/BRI offers written summaries of all the law tested on Ihe New York Bar Exam—both local law and Multistate law. Studentslearn the substantive law before going to class Class time is spent focusing on New York Bar Examination problems, on hypotheticals and on fhe substantive areas most likely to be tested on the exam wiH include hundreds of Multistate and New York local multiple-choicequestions, and inrai Now YnH, oocau« included are questions to be done at homeand questions done in class under simulatedbar exam conditions. Selected Multistate questions will be computer-graded, and selectedessays will y ....... +c™^^7^cZ^. IS^^S^ courses summer • ...... —. V|u* expert, on substantive law. They high pas. percentage. At most mapr law schoolslast year, students taking BAR/BRI passed theNew York Bar Exam on Ihe ftsf fry with a percentage in the 90s and high 80s v BAR/BRI has an unparalleled testing program-forboth the Multistateand New York local portions. The testing save valuable study lime and minimize the note taking necessary in a BAR/BRI #isss»xi»»i.bi Twice as many as all courses combined. • • m**™?™*-*-**—** m »Pcla»hypoth«icals. Thesehandouts ■■■•■■■■ took BAR/BRI. other! I J am ' ■ edandai,k,Uedby New York attorneys.. —■ have accurately forecast many of the questions appearing on past New York and Multistate bar examinations. The faculty is composed of prominent lecturerson New York law. Muftistale law and ,ne New York Ba Examination The 198! faculty will include ' * > B^K Renee Lapides Francine Bruno Joan Warren 4 Opinion October l 16,1980 Y Mußls,a,B BAR/BRI offer. • free fran.ter Albany Manhattan Brooklyn New Haven Newark ■ Charlottesville Queens nM ?Boston *" (NYU-Cardozoarea* Butlalo Durham BAR/BRI has the only New Yorkbar appose S2SSL, n r Hempstead *Smm, PMatWpnia County Rochester Suflo* County Chicago review lecturer ever to receive five minutes of forhis tectureon theRule Against Perpetuities policy. a stu(jent signs up tor New York, does not mark his orher books and elects to takeanother state bar instead, all monies wi *>• transferred to the BAR/BRI course in that state / course locations for 1981 include (HMtown)i.w locaMn Sutt, \ Bar Review. See one of the following student representatives before October 31,1980: Leslie Wolff Michael Chakansky Rosemary Gallick Erik Lindauer admitted to Ihe New site, Ireefy .witch location.. Anticipated , ', ' ' One New York's Number Carla Gersten hp BAR/BRI offersthe widestselection -■ol course and allowsstudents to , 40 Sevenm Avenue Suile 62 Doric H. Benesh Therese Rahill ffi£«EL^MulS»B* and anottle ' °* °**" alln»R students In " Prof Richard Conviser, BAR/BRI Staff Prof Richard Harbus, New York Law Prof. Stanley Johanson,U of TexasLaw Prof, Kenneth Joyce, SUNY BuffaloLaw Prof Gary Kektet Syracuse Law Prof JeromeLeitner. Brooklyn Law Prof John Moye, BAH urn j ill Prof John Nowak. U. of Illinois Law oi Alan nesra*. HotstraLaw P"o Faust Rossl CornellLaw Prot Roberl Sco u ol Virginia Law "BRI S,a P'o William Watkins, Albany Law Prof, CharlesWhitebread, U. of Virgmia Law Prot Irving Younger. Cornell Law " BAR/BRI oners ■(pedal "Tito 2 Bar Exam. "'" program. Thisprogram ——„ fJH ' /CN/IUK lm m N e* *>'* New Yoik 10001 / llVfl II m MM jf ?12'»4 :.896 \^i^\^U 0 I essay selected for publication in the Federation of Insurance Counsel Quarterly will receive an award of $250. other contest. By submission each entrant thereby assigns to the Foundation all rights, to the essay. It is the policy of the ! Got Time to Read and Write? LSD members interested in Foundation to return and release the assignment of the writing book reviews on currights of all but the three win- rent legal literature for the ning essays and any other that "Books for Lawyers" section the Editor of the Federation of on the ABA Journal should Insurance Counsel Quarterly send writing samples, parconsiders worthy of publica- ticularly published work, to Carrie L. fledges. Book Review tion. First prize is- $2,000, second Editor, ABA Journal, 77 South prize is $1,000 and third prize Wacker Drive, Chicago IL is $500. An author of any other 60606. Essays should be about 10,000 to 12,000 words in length and must be an original copy on HVi" x 11" white paper. Footnotes and style should conform to "A Uniform System of Citation". The title, author's name and school should be typed on a separate sheet, and only the title on page 1 of the essay. No essays will be accepted unless prepared solely for this contest by one author, has not 12TCt ClHlffllfir Ilfl. UNfll place to start." been previously published, and is not to be submitted in any Essay Contest Scheduled Essay Contest Commercial Transactions course to include third world countries. "Very little has been done in this area," he said, "this trip will give me a good Arthur Scott Garfinkel Jay Marlin Paul Israelson Winston Ellis Patricia Jayne "Flip Charts" Aid Students by K. Spencer Contrary to previous impres- sions, the racks which were recently installed on library stacks are not for crying towels or for chin, ups, but for the library's latest effort in demystifying legal research. The flip charts now hanging are short instructional guides to the basic legal publications of case, statutory, and administrative law. Specifically, they cover En- Legal cyclopedias, Federal Court Reports, New York Court Reports, Case Digests, McKinney's, the U.S. Code, the Code of Federal Regulations and Shepard's. Each chart includes informa- tion on the purpose, arrangement and method of updating and follows through a specific research problem to demonstrate the use of the legal publication. For easy reference, the charts hang on the stacks containing corresponding materials. The charts, a Spencer/Cascio production, were designed for the widest audience in an effort to aid unfamiliar law students as well as the ever increasing lay population -who use the library. They contain the bare essentials for making the legal tools functional. Legal research is a vital part of the profession. Anything that facilitates learning the use of basic research sources saves timeand creates a better foundation for developing legal strategy and writing proficiency. The producers welcome any feedback as the charts are currently under consideration for publication. Freedman to Give Lecture Professor Monroe Freedman, reporter for the American Trial Lawyer's Association, American lawyer's Code of Conduct, will speak on ■"A Code of Ethics for the Legal Profession" on Tuesday, October 28 at 3:30. p.m. in the Moot Court room. Freedman was former. Dean of the Hofstra Law School and author of the influential Lawyer's Ethics in an Adversary System. Freedman also serves as Director of the United States Holocaust Memorial Council, an organization recently created by the United States Congress. Freedman's talk is arranged as part of the first-year ethics course but is open to all law students. SBA Party «,«,..„..-, Friday, October 17 Lew Rose Tanya Harvey Orest Bedrij Ellen Dickes Pat Dooley Ruth Pollack Christopher Reed Mark Suzumoto v at 3 p.m. 3rd Floor Be There! Alohal �Students Enhance Oral Communication Skills by Bob Siegel Newman, "If you become more involved in your speech, The Law Students' Speakers the message gets across Croup, a newly formed better." organization at UB Law The aim of the group is to School, may prove to be of "bridge the gap" between the vital importance in assisting speaker and the listener; to imlaw students in enhancing their prove the quality and clarity of oral communication skills. the message the speaker is senThe goal of the organization ding. It is hoped that this will, is to teach students to be effec- in turn, enable the listener to tive public speakers; not to br- better understand what is being legal scholars to the school ing sent. The message is imto speak. proved through criticism. As The Law Students' Speakers Newman points out, "Criticism Croup is organized as a is designed to alert the speaker workshop. Matt Newman, cur- as to how he can improve his rent President of the organizaspeaking and communication tion developed the jdea for skills." this format. The workshop forThe communications mat enables the student to par- workshop is divided into seven ticipate. Students at workshop sessions. ■ sessions don't merely listen; In the first sessi6n. Professor they speak, learn, and criticize. Charles Petrie from the DepartThis participation, combined ment of Communications with constructive criticism and discusses the "Principles of Effeedback given on an in- fective Public Speaking." The dividualized basis, teaches the student how to structure a speech and also provides invaluable experience in oral communication. According to stage. Everyone presents a 3-5 minute speech on any topic they choose. The third session is just an extension or the second. The topic stays the same while the time period is extended to ten minutes. These two sessions provide the student with their initial stage of participation. The unstructured nature of the setting allows the first-time speaker to relax. The fourth session is more structured. A legal case is used so that ah arguable question is presented. The goal is the creation of a persuasive ten minute summation. Since the purpose of the group is "to teach effective speaking" in general, courtroom form and procedure are deemphasized.The fifth and sixth sessions again deal with the legal summation mentioned previously. At this juncture, however, each student will give his or her ten guidelines he lays out provide minute summation in front of 4 a base upon which the student or 5 critics qualified to can build. evaluate the performance. The second session can be Each student will be given a considered a "feet-wetting" one-half hour time slot in which to perform and receive criticism, with possibly the opportunity to re-perform if time allows. As of now, the critics consist of professors and. trial technique instructors. The group will try, in the future, to attract actors and bodylanguage instructors to assist in the criticism. his speech is concerned. A per- cap not criticize a speaker's persuasiveness if the speaker doesn't even have a grasp of the material. An analogy to an actor is appropros: the director can't son show the actor how the scene should be done if the actor can not even remember his lines. "Students don't know their The Law Students' Speakers potential," Newman says. "They don't know what their limits are we want students to see what they can do with speech." To give students the ability to see what they can do, the speeches given in front of the critics will be video-taped — for later viewing. The seventh, and final ses- sion, is an exact duplicate of the second session. The student gives a ten minute speech on his original topic. It is hoped that noticeable improvement will be shown. The repetitive style of the workshop is purposeful. Repetition means that the student will be prepared as far as the substantive knowledge of is in its embryonic Once developed, however, it may become a valuable asset to the law Group stage. school. The sessions this semester involving the critical review will be held at the law school on October 20, 21 and 22 from 7-10 p.m. All interested students are welcome to observe the summations given at this time. For more information concerning the organization, contact Matt Newman, Box No. 469. . SBA Seeks Assistance The Undergraduate Student Association is attempting to increase student participation in various Faculty Senate -Committees. There are a number of appropriated the committees that are crying out by Legislature to the School. for student membership. These Local Assemblyman John include the committees on Sheffer has asked BLP to ex- Academic Planning, Grading amine the constitutionality of Policy, Admissions, Teaching this fiscal maneuver. Quality, and so forth/Those inBLP members will soon terested in participating in this decide what projects they will collegia I program should conundertake for the semester tact Matthew Modica, SBA Later this semester, BLP will Vice-President. solicit projects from interested "The law, in its majestic legislators. As Nowak concluded, "We feel we do a public equality, prohibits the service and add much to the rich as well as the poor school's legislative work. from sleeping under We're optimistic for the bridges at night." BLP Investigates Timely Public Policy Issues by Marc Ganz The Buffalo Legislation Pro- ject(BLP) has been asked to investigate a wide range of public policy, issues for use in the next legislative session by state and local legislators. According to Jeremy, editor of BLP, "the topics are timely and of concern to citizens across New York State." Both conservative, and liberal legislators are participating in the BLP program. They have asked for advice in statutory areas ranging from open meetings law revsion and energy education to higher education financing and foreign ownership of local farmlands. For example, Senator James about homeowners victimized state's farm lands. BLP by soil erosion or flooding. The members will explore constituBLP proposal he submitted intional issues involved in volves drafting a bill setting up restricting land sales. Senator a financial assistance program LaValle is the Senate Higher for the soil erosion victims. Education Committee ChairThis BLP project exemplifies man and a longtime ally of the program's public service SUNY. Thus, SUNY students function. In addition, it never may have an opportunity to hurts to have an ally like the help an individual who helps Majority Leader at budget keep down tuition costs. time. Perhaps the most important Another ally at budget time issue at UB has been the imis Senator Kenneth LaValle poundment of UB funds by the (Rep.-Suffolk), who has asked Governor's Division of the for assistance in researching Budget. The DOB has stopped foreign ownership of the the payment of money already future." , Loophole© by hal matohow Donovan (Rep.-Chadwicks), known in Albany for his antiabortion and pro-death penalty stances, has asked BLP for advice on two policy issues. The first proposal involves setting up a series of local educational programs in energy conservation education. Mr. Donovan, the Senate Education Committee Chairman is also asking for bill-drafting assistance to1 aid efforts to revamp'the vocational education (BOCES) field. Both of these areas are of great concern to government leaders as they attempt to cope with energy and unemployment problems. Assemblyman Liberal Robert J. Connor (Dem.-Spring Valley), known in Albany for his environmental and corporation reform efforts, 'has also asked BLP to launch a study of legislative management systems, with an eye towards cutting waste from this state's legislative branch. Assembly Majority Leader CatDaniel Walsh (Dem. taragus County) is worried - October 16,1980 Opinion 5 �Record Rack Christmas Releases Begin With Two Major Live Albums by Mike Rosenthal tramp. Kenny Loggins has Other excellent perfordeveloped a rapport with an mances include the Beatles' There, and audience unequaled by many "Here,, bigger stars. He manages to get Everywhere", "I'm Alright", incredible audience participa- "Now And Then", "Junkanoo tion. He delivers a wide range Holiday", "Keep The Fire", and of music, and never stilts one "Celebrate Me Home". The aualbum because of a concentra- dience participation on the lattion on the music from his ter illustrates what his fans latest ones. Furthermore, he is have known for a long time, in always writing and therefore, concert Loggins' is, truly new songs are always bound to "Alive". crop up in performance. And What separates .further still, his love for good Supertramp's "Paris" from music never over powers his most live albums js the fact pride and he will perform that this album really was one someone else's song if he feels concert recorded on one night. that the song is of sufficient Considering this, the quality of merit. ex- Kenny Loggins "Alive" Supertramp "Paris" This is the time of year when who aren't ready with new material for a new studio set usually throw together live material for a live album, or hit studio material for a "best of" collection. Such collections always seem to monopolize the holiday season record retail business and last most major acts year's two biggest sellers Don- na Summer's "On The Radio Greatest Hits Volumes I and II" and the Bee Gees "Greatest" demonstrate this. However, all too often the albums seem like they were thrown together with no other purpose than to capitalize on the market situation. The Greatest Hits albums put out for the Steve Miller Band two years ago, and the Electric Light Orchestra last year were not backed up by hits spread out over enough albums to justify such collections. Last These factors all gel together on "Alive" to create a magical musical tapestry. From the opening notes of his first solo single, "I Believe In Love" straight through to the last notes of his recent single "Keep The Fire" it is obvious that Loggins enjoys performing, enjoys getting his audience involved, and puts his all into the concert. Many of the songs sound even better here than their studio versions did. "Angelique", an overlooked song from his Nightwatch album is given a virtuoso performance "What A Fool Believes", a song he co-wrote, here comes a lot closer to the melodic funk of the Doobie Brothers version than this original, pre-Doobies, version year's live Village People album suffered from that problem as well as the fact that there was nothing about the group that a live album could expand upon. Gratefully, this is not the case with either the live albums recently released by either Kenny Loggins or Super- did. "Portrait of Teresa" to be Shown Here This Week Portrait of Teresa, an explosive new Cuban film which is showing at the University this Friday, raises issues that go right to the heart of the Cuban woman's situation. Focusing on the' personal, human problems created by the revolu- tion, the film has stimulated enormous debate within Cuba about the changing nature of the relationship between men and women, the effectiveness of the new family code, the relationship between material conditions and sociopsychological attitudes and the existence of the still prevalent "double standard." Teresa, harried young mother and textile worker, puts in a typical long day of cooking, laundry, cleaning and factory work. In addition she works at night as an organizer for her factory dance troupe, a job that she performs well and needs in terms of creative outlet and self-esteem. A slapping brawl results when her husband angrily accuses her of "neglecting her sacred duties as wife and mother." Her response, "What about my life as a human being?" brings out into the open the conflict between woman as part of the traditional family and woman "Men are men and women are women, and even Fidel can't change that." The fact that the film has already been seen by onefourth of the Cuban population and is still being hotly debated indicates that perhaps the Cuban people are ready to tackle the issues of women's lives at a higher level ef struggle than has previously been the case. According to the film's director, Pastor Vega, "the traditional family, inherited from Spanish society; is in a state of permanent crisis because the stimulus provided the Cuban woman by the revolution has made it clear which using modern technology and several concert dates sound very sharp and clear. Surprisingly though, this has about the best sound quality of any live album that I have ever heard. The song selection is a pretty even distribution of cuts from the last four albums with the addition of one new cut. Several of. the songs were slightly rearranged to have more of the Breakfast In America Supertramp style, but none were altered enough to alienate a fan of the original version. The hits are here, for the most part, as are many lesser known, but equally deserving cuts. All in all. extremely listenable because of the voice performing them. Teddy Pendergrass "T.P." This is the finest album by The best female vocalist of one of the best soul stylists our times, in terms of range around. Pendergrass has a and artistry, has flirted with smooth soulful voice which he disco a few times in recent knows how to put to good adyears and has come up with vantage. There are more two good, but eventually ballads than any of his other grating hits in the form of "The albums, and the uptempo Main Event" and "No More songs are less disco-tized than Tears (Enough Is Enough)". his other uptempo songs in the Therefore, when it was learned past have been. His remakes of that Guilty was to be com- Ashford and- Simpson's "Is It pletely written and produced Still Good To Ya" and Peabo by a Bee Gee (Barry Gjbb) one Bryson's "Feel The Fire" are far had to ponder what 'musical superior to the original verdirection she was heading in. sions. The latter is one of the Would this be an album of album's two duets with typical Bee Gees disco-based Stephanie Mills and the two of music? The release of the first them sound great together. singel "Woman In Love" The album's top cut however is answered the question. First, it the current single "Can't We was a ballad. Secondly, her Try". Its intensity, sincerity and voice was used to its full beauty are what make capability. Thirdly, although Pendergrass tops in his field. there was a heavy influence of Barry's musical stylings, the Jethro Tull "A" song was Barbra's. This is pretTull is still making good ty much the way the album albums but they are all beginngoes too. Even on he most Bee ing to sound vaguely familiar. Gee's influenced song, one of While some of this album is Barbra's two duet's with- Barry quite pleasant listening, Cibb, "Guilty", it still sounds nothing here sounds fresh or as if the song was written with new. If lan Anderson has run Barbra's unique abilities in Out of ideas, maybe altering mind. Barbra is in top form his band is not the answer. here, and while all the songs Maybe, he should seek out are not of the same level of some outside writers to inject quality as the two aforemen- some new life into a dying tioned songs, the songs are all group. Briefly. Barbra Streisand "Guilty" - UUAB Music Committee and FM 88 present An Evening of Latin Jazz with Airto and Flora Purim ' that this familial structure won't work any more." Notwithstanding the absence of a Cuban revolution in this country, the relevancy of Portrait's themes to our own changing society is clear. The film, cosponsored by the Women's Liberation Union, the National Lawyer's Guild and Women Studies College twill be shown on Friday, Ocitober 17th at 150Farber on the , , ,, Main Street Campus and on Saturday, October I.Bth at the Langston Hughes Center, 25 High Street. Both showings are at 7:30 and will be followed by an informational discussion about Cuba today led by two *women recently returned from iCuba. A donation of $2.00 will be requested on Friday; child care provided for both show- as a full member of Cuba's revolutionary society. When Teresa complains to her mother about the unfairness of the double standard tnat subsequently allows her husband to save his ego by having an affair, her mother replies. ings. < Opinion October 16,1980 6 the overall sound would be pected to be of a poorer quality than many live albums . Supertramp has lived up to its reputation. On Wednesday, October 29, at Bp.m. in the Granada theatre. Tickets are $4.00 for students and $6.00 for non-students. The International Law Society Open House Thursday. October 23 Those interested in, joining should make the effort to attend. Coffee and doughnuts will be served to the deserving. Room 604, 9 a.m. to 1 p.m. �Pep Talk Reflections On Seasons Beginning And Ending to improve their product. In my opinion, the National League ow.ners made a big mistake in voting against using a designated hitter in their The DH,.as used in the American League, has helped keep many older, popular players in the game, which boosts attendance. It also avoids having to watch Nolan Ryan bat four times a game. Many National League by Joe Peperone players, who are still excellent hitters, such as Joe Morgan Once again we enter the and Willy Stargell, could promonth of October, the sports long their usefulness and fan's opium. Baseball is win- careers by years if the DH rule ding down toward the World is introduced in the National Series, the football divisional League. Let's hope the owners races are starting to shape up, see the light next year. and hockey and basketball Would you believe.. as of teams are beginning their this writing, the Buffalo Bills 1980-81 seasons. It's as good a are the only undefeated team time as any to look back, at in the NFL. My 10-6 prediction what has been happening in looks pretty good at this point, sports, what is happening, and but it will be a battle for the team to qualify for the what is to come. Baseball 'has had another playoffs. Their schedule is the record year in attendance, toughest in the NFL, and even fueled by three divisional the "weak" teams they have to races which weren't decided face, such as Baltimore and until the last weekend of the Atlanta, are also having exseason, and the torrid bat of cellent years. George Brett, who ended the What has surprised so many the best people about the Bills, as a reyear batting .390 average since Ted Williams hit cent Sports Illustrated article noted, is that they've ac.406 in 1941. games next year. - . — While baseball's popularity complished their amazing seems endless, the turnaround on defense with owners should continually try essentially the same personnel boom s last year's squad. Isiafi players on the ice must move Robertson moving to his to "neutral corners", one for natural right side linebacker each team. Failure to do so will position and Fred Smerlas result in a"'10 minute misconreplacing Mike Kadish at nose duct for the offending players. tackle are really the only As for the fighting players, if changes one persists in his battling after There has been only two the, referee and the linesmen new starters in the offense as have intervened, he will get a well, but they've been a big two minute penalty in addition reason why the Bill's offense to his fighting penalty. The has been so effective in both league hopes this threat of scoring points and eating up leaving their team -shorthandthe clock. Conrad Dobler has ed will deter fights, or at least helped the offensive line long ones. However, it remains become potentially better to be seen whether the referees than the old "Electric Com- will actually use this lever pany" of the O.J. days. This against certain players of cerline can block for the pass as tain teams. All too often, the well as the run. And you can't referees have just given the say enough about Joe Cribbs same penalties to each player he's brought, a new dimen- involved in a fight, despite the sion to the offense, through fact one w.as the agressor, both his quickness at bursting which has an through the line and his ability unskilled player on one team to catch the ball on short patto beat up on another team's terns. * quality player, knowing ifitboth will Depth is still a big problem go to the penalty box with the Bills, especially now help the unskilled players' — — that injuries have hit their teams. secondary. But if the team can win two of their next three games, against Baltimore, Miami and New England, it may just be playoff time in the snow-belt this year. In hockey, the season will The biggest story in NBA basketball is happening off the court. Over the summer, it was claimed by a Los Angeles newspaper that perhaps up to 75% of NBA players use cocaine on a semi-regular basis. start with new rules, which will Needless to say, this hasn't set hopefully curb violence on the too well with NBA Commisice. If a fight-breaks out besioner Larry O'Brian, who has tween two players, the other appointed a commission to ma- Which Model Does The Public Desire? by Alan Beckoff "May I help you, ma'am?" young man. My nephew's birthday is coming up and I'd like to get him something special." "Do you have something that's tough, honest, and right for the 80's?" "I'm sorry, but the Howard Baker model didn't sell too well and we had to send them back to the manufacturer." "What's that one over there? It looks very Presidential." "Oh, the John Connally "Yes, "My, that sounds very expensive. How about that one wearing the shirt with the little alligator on it?" "The George Bush? This one started out selling like hotcakes, but then the momentum ran out. Now we give it away free with every purchase of that one on the right." "The one in the cowboy out- fit?" "Yes, the Ronald Reagan model It's becoming very, popular with people who wouldn't consider buying it a few years ago. But for some reason, the time is now for' manufacturer model. The spent over $11 million in R&D Reagan." "Perhaps some other time. on it and had only one buyer." Do you still carry the John and Jackie set?" "No, ma'am, but we did have a Kennedy model, which was put out by the same manufacturer up in Boston. Funny thing about this model the manufacturer took a — LAWYERS WANTED! \ mwfr^mmmrk \V? VISTA, Volunteers in Service to America 1280, 4 p.m Information meeting: November 10,9 s.m.-5 p.m. 12, 1980, Interviews: November Locations/Appointment for Contact Placement marketing survey and found strong demand for an updated version of the John Kennedy model. So he flooded the market, but the demand dried up pretty fast. The day after the model was discontinued, the demand increased again. Now the manufacturer suggests that if you liked the Ken- nedy models you'll be just as pleased with this one." "The Jimmy Carter model? Oh, no, I bought one of those four years ago. It was a wonderful novelty at the time, but soon I wished I had stuck with one of the old models." "Why?" "It wasn't acting very presidential. And now that its warranty is up for renewal, the Carter model is suddenly acting very Presidential. Too Presidential, I think much like the Nixon model was before we had to throw it out. We gave it plenty of electricity, but it was just abusing the power. That's what the Carter model is doing now." "Maybe you would be interested in the John Anderson — the charges. It's not the only problem he has either. The NBA had yet another year of poor TV ratings, with many markets, such as Buffalo, not even airing half the games the network feeds them. Attendance is down for league games, and a new franchise, has been given to a city which has had a history of not supporting basketball teams, Dallas. Will Darrell Dawkins break a few more backboards vestigate this year? Stay tuned. Finally, I'll come clean. I gave up a chance to go to the Peter, Paul & Mary concert last week and went to the HolmesAli fight at the Buffalo Convention Cerffgr. I was betting on being in on some history, but I was sadly disappointed. The fight was a farce; Ali was never in it. Word now is that Ali is claiming a certain drug he took was responsible for his lackluster, tired performance in Las Vegas, and that he may come back once more. My advice to him is to retire with some grace. It was no coincidence that the fight was scheduled on October 2nd, just after government checks came in the mail. A lot of people put up needed money to watch their hero, and if what I heard after the fight from various people was true, people were not merely disappointed, they were angry. The mood of the people seemed to be that they had been rippedoff. I don't think they, and I, will be so easily fooled again. you can't Remember, Ali fool Mother Nature! — model. This and the Reagan were originally put out by the same manufacturer, but earlier this year the Anderson division of the company went independent. It seemed inevitable ever since the Rockefeller model was discontinued. Interestingly, the Anderson model is attracting more potential Carter buyers than Reagan buyers The Carter manufacturer's R&D division also did some tests and found that the Anderson model somehow draws power from the Carter model which is then transferred to the Reagan model, which then goes wild and wrecks the house. In fact, the Carter slogan is 'A volt for Anderson is a volt for Reagan." "Do you still have the FDR model?" "Not anymore. The Ted Kennedy manufacturer salvaged what was left of those to make his model." "Maybe I'll just get my nephew a model airplane." "Well, a subsidiary of the Carter company just put out this new one called 'Stealth. .." October 16,1980 Opinion 7 �Survey Depicts "Typical Freshman" Who would you be if you were "The Average Freshman" entering U.B. (aw school this fall? Where did you come from and how did you get here? Where do you think you will be going? Allan Canfield has recently tabulated the results of a survey of the in-coming class taken at Orientation. Of the 282 first year students, 149 completed the voluntary survey. Please bear in mind as we attempt to reconstruct "The Average (and only the responding) Freshman", that is roughly four-sevenths of the typical 1950's family, having one mother, one father and 2.3 children. Your father is just as likely to be a professional (nonlawyer) as a blue collar man. Your parents' combined income is probably between $21,000 and $30,000, a low to average figure for Buffalo. There is a 40% chance your mom is not working outside the home.. It is not surprising the "Average Freshman" is low on cash; 66% of the survey respondents cited loans as their chief means of support during law school. 42% of the answering class' expects to go into debt in the amount of $10,000 to $15,000 in three years. Odds are 9 out of 10 the "Average Freshman" is not a veteran. Now both sexes probably hope that statistic holds true for the next few years. In terms of the future, you probably plan on staying in Buffalo, or going back to your home part of the state. More people plan on staying* in Buffalo than grew up here. The same is true for those planning to live in New York City. If you are a New York State native, you are more likely to be planning to live in another state after graduation than New Yorkers from previous classes. The most surprising thing class. Of those answering, the "Average Freshman" has a 59% chance of being maleand a 40% chance of being female. 1 % were apparently undecided. This ratio is a substantially accurate representation of the actual entering student population. Minority students comprise approximately 7% of the class. If were you average freshmen answering the survey, there is a 41 % chance you came here directly from undergraduate school or had taken off but one year. If you didn't come here directly from college, you've probably waited at least four years before returning to academia. You would have a 32% chance of being between ages 23 and 26, and a 25% chance of being over 30. Otherwise, you are probably 22 or younger. As an undergraduate, you worked hard, studying about 25 hours per week. Your bachelor's degree is most likely in the Social Sciences, Business or History. You would have only a 13% chance of having earned any degree beyond your bachelor's. When you applied to law school, you either applied only to U.8., or you applied to five or more schools. You are more likely to be married than if you had entered a few years ago. But you probably don't have kids. Chances are, you grew up in Western New York. You are clearly more likely to be from New York State than any other state. You probably came from a Parking Tickets Pose Problems cont'd, frompage one guaranteeing them $40 for, perhaps, a single one-hour court appearance. "If it comes down to paying overtime or letting the tickets get dismissed," continued Griffin, "I guess we're going to have to pay the overtime. It's not cost effective, but we'll have no choice." Cpnstitutional Law Professor Jacob Hyman referred to the situation as an example of "costs of decent process becoming prohibitive." Hyman added, "Regulations cost money and this situation is typical of the costly problems involved in assuring due process of law." Assistant Director of Public Safety Jack T. Eggert cited communic'ational problems between the North campus and the Amherst Town Court, where the cases are resolved. "We didn't know anyone was contesting tickets," maintained Eggert, "until very recently. As a result, ticketing officers had no way of knowing they were to appear in court." Griffin, in am attempt to Ba len Van Guy Campus Security Officer tickets parked car in front oflaw school. remedy this problem in the least costly manner, has assign- ed Little to the Amherst courthouse one night a-.week when the traffic cases are heard. "Lieutenant Little will serve as a deterent to all those trying to beat the system," admitted Griffin. Griffin hopes the mere presence of an Amherst campus officer will induce students to drop, in court, their "not guilty" pleas. A parking ticket acts only as a summons for the defendant to come to court- or pay his fine as an admission of guilt. Since it is not possible for the court to question or for the ac- cused to cross examine a parking ticket. Griffin's facade of having Little present would not address the constitutional issue of due process. "Little will also serve," said Griffin, "to answer any complaint questions which alleged violators may have and to aid the court with any questions it • may have regarding campus security behavior." When asked why he had not dealt with this problem before Opinion brought it to his attention, Griffin abruptly replied, "It's none of your business why officers haven't shown up in the past!" Death Sentence Recalls the Past The following is a verbatim "From every treetop some transcript of a sentence imposwild woods songster will carol ed upon a defendant con- his mating song, butterflies will victed of murder in the Federal sport in the sunshine, the busy District Court of the Territory bee will hum happy as it purabout "Average Freshman's" of New Mexico many years ago sues its accustomed vocation, vision of the future is career in- by a United States Judge, sit- the gentle breeze will tease the terests. You are most likely to ting at Taos in an adobe stable tassels of the wild grasses, and be thinking of working for the used as a temporary courtall nature, JOSE MANUEL government when this ordeal is room. MIGUEL XAVIAR GONZALES, over. Otherwise you're of the MANUEL MIGUEL will be glad, but you. You "JOSE opinion you would like practic- XAVIAR CONAZLES, in a few won't be here to enjoy it ing with a small firm. short weeks, it will be Spring. because I command the sheriff Survey respondents from The snows of Winter will-flee or some other officers of the p'evious classes generally away, the ice will vanish, and country to lead you out to thought they would prefer the air will become soft and remote spot, swing you some medium sized firms, and were balmy. In short, JOSE by the neck from a notting significantly [ less interested in MANUEL MIGUEL XAVIAR bough of some sturdy oak, and government jobs when they GONZALES the annual miracle let you hang until you are started law school. of the years will awaken and dead." At any rate, right now you come to pass, but you won't be "And then, JOSE MANUEL think you are going to a law there." XAVIAR GONZALES, MIGUEL school ranking in the "top "The rivulet will run its soar- I further command that such 25%" of all such institutions. ing course to the sea, the timid officer or officers retire quickYou -also think your desert flowers will put forth ly dangling corpse, from undergraduate education has their tender jhoots, the that vultures may descend prepared you pretty well for glorious valleys of this im- from the heavens"""upo n this endeavor. And if a few perial domain will blossom as filthy body until nothing Y°ur shall weeks of law school doesn't the rose. Still, you won't be but bare, bleached remain a thinkingjike lawyer here to see." have you bones of a cold-blooded, yet, you're convinced money and power are the last reason you came to law school. copper-colored, blood-thirsty, throat-cutting, chili-eating, sheep-hearding, murdering son-of-a-bitch." UNITED STATES OF AMERICA vs. GONZALES (1881) UNITED STATES DISTRICT COURT, NEW MEXICO TERRITORY SESSIONS A Call to All Ball Captains - A SOFTBALL CAPTAINS future issue will contain a review of the Law School Softball League. If you want some I free publicity, and like to see your name in the paper/please drop off a brief description of your team's games to date, including scores, highlights, and valuable players to the Opinion office article bin outside Room 623 by Sunday, October 19th at noon. Are Contacted Volunteers Peace and VISTA New York should call Verhulst The Corps In Service To America) have launched a major campaign aimed at contacting former volunteers in the two programs who now live in upstate New york. More than 8,060 New Yorkers have served in the two volunteer programs. Tom Verhulst, area manager for upstate, says contact is being sought with the former volunteers "tb keep them abreast of what Peace Corps and VISTA are doing now, to provide them an opportunity toll-free at 1-800-462-4243 for further information, or write the Peace Corps/VISTA Recruiting Office, 317 Federal (Volunteers Bldg., Rochester, NY, 14614. "These former volunteers," says Verhulst, "can continue to play an important role in the Peace Corps and VISTA. They are the ones who've interacted with other cultures and other segments of our own society. And that's what Peace Corps and VISTA are all about people getting to know people. to We need their opinions, their to meet with each other and get them involved as a group .help and their participation to with their own communities." Ikeep the programs vital and Former Peace 'Corps or I successful." WSTA volunteers now living in . Opinion October 16,1980 8 — Here's one for all you trekkies.. .live long and prosper! Ralph W. Peters � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-10-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/16/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5d04a50ff423b0a0b68500e17678cf76.pdf 5f23a9850c84a8d8d58a68444263b487 PDF Text Text Teaching Contracts at UB Mensch is Grad Come Back by Laurie Gross new to her. She was born in Port Washington, Long Island Having officially graduated and soon moved to Lake Bluff, from UB Law School in Illinois, a small town north of February 1979, Elizabeth Chicago on Lake Michigan. Mensch, the new contracts That was just the beginning. professor, is enthusiastic about "Was I ever restless!" being back. She is returning Mensch says, reflecting on her with an L.L.M. from Harvard undergraduate years. She saw and a year of teaching conher roaming as a "form of tracts at where she stayed for two semesters. She finished at the New School for Social Research in New York City. Because there was a shortage of teachers at the time, Cornell University offered Mensch a stipend which she quickly accepted to study for her certification and to receive an the University of rebellion." After spending two M.A.T. .« years at Reed College in Upon graduation, Mensch Portland, Oregon, Mensch con- remained in Ithaca to be with Mensch* moved to two dif- tinued her college education her husband, a Professor of Arferent states to further her studying English and History at cont'd, on page eight career, but traveling is nothing the University of Wisconsin, Miami. Over a two-year span, Opinion Non-profit Organization US Postage PAID Buffalo. New York Permit No. 708 hoto by Guy Yon Mtn " Professor Elizabeth Mensch Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "Only'the apathetic have no opinipp ..." October 2,1980 , State University of New York at Buffalo School of Law Volume 21, Number 2 NY Practice: Headrick and Students Respond by Edward M. Sinker Dean Thomas Headrick indicated that he is busy putting together a New York Practice course for the upcoming spring semester. Headrick said the course would definitely be (ess than four credits and he personally preferred a two-credit offering. The course will be taught by, as yet, an undetermined person not presently on the faculty. In a July memo to faculty members, Headrick maintained "students have some . legitimate claim to an elective course that will equip them specifically in the more complex aspects of CPLR practice." Headrick emphasized, however, his long-range goal of incorporating into a "Civil Procedure sequence" those areas of the CPLR which depart from Federal Practice. "A massproduced New York Practice course," stressed Headrick, "has some built-in limitations that make it second-class education no matter how hard the faculty member works at "much is up in the air at this Headrick supported offering point," said Headrick. two sections of Civil Procedure Meanwhile, on September for 1980-81 encouraging some 16th. a group of about 75 use of the CPLR in them and students gathered to organize twotwo or three sections of a what Melanie Pierson and Nancredit New York Practice cy Caple referred to as, "a course which heavily emmeeting to update the school phasizes pre-trial simulation about the plot to eradicate exercises of drafting and New York Practice." arguments, focuses on special Pierson berated the twoaspects of the CPLR and is taught by part-time instructors credit proposal as part of "the in the evening. Enrollment will Dean's long-range goal of getbe limited to fifty students per ting rid of New York Practice." section. However, these are "People will not take a twopreliminary proposals and credit coiirse," added Nancy it." Caple, " and then the Dean will look to the small enrollment to justify dropping the course." Pierson said Headrick asked faculty members to teach the course, but no one volunteered. "If Del Cotto went to the Dean," asked Pierson rhetorically, "and said he didn't want to teach tax; what would the Dean say?" The meeting ended with the formation of groups directed to talk with faculty, alumni and' community leaders in Western New York Emergency Loan Program Providing Financial Assistance number of students receiving NDSL loans and the inability of by Edward M. Sinker After several years of discussion and many months of negotiation, the law school has instituted an Emergency Loan Program (ELP) which will provide short-term loans to students whose loan checks have been delayed in processing. According to Law School Financial Aid Assistant Jay Marlin, who was the catalyst and principal author of the program, university officials are looking at the Law School program to see whether it could be a model for the rest of the University. Last Spring, ELP was finally approved by the Student Bar Association and Dean Thomas Headrick. As stated in the memorandum outlining the program, "it is designed to provide for short-term emergency loans of no more than $200 to students who through no fault of their own have had either their New the loan-dispensing system in Albany to deal with such an in- crease. "The straw which broke the camel's back and made it clear that there had to be something done was the breakdown in the dispensing of NDSL checks last spring. Instead of receiving the NDSL "spring check in February, many students did not get their check until late March or early April," said Merlin. "Students had literally run out of money by the middle of March. The system was screwing up; everyone acknowledg- ed it, but no one could do Students wait on long lines to fix financial woes York State loan checks or National Direct Student loan checks delayed in processing." There were two major events last year which galvanized administrative action towards the creation of an pnoto fry Quy \/an Baalen which greatly enhanced its atemergency loan program. to middle class First, there was a large in- tractiveness families. number of crease in the Second, the National Direct students who applied for a Loan (NDSL) system 'Student infederally New York State under the sured loan. This was attributed almost collapsed increasing large of weight an program to changes in the loan anything about it. The situation was .intolerable," explain- ed the financial aid assistant, who is also a third-year law student. In an inter-office memo to Dean Headrick and other administration officials in March cont'd on page four �Vol. 21, No. 2 OpiniOn October 2,1980; Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Feature Editor: Feature Editor: Photo Editor: Business Manager: Marc Ganz Ralph W. Peters Michael Rosenthal Guy Van Baalen Amy Jo Fricano Staff: Doric Benesh, J.oe Peperone, Alan Beckoff, Melanie Pierson. Dean's Prompt Reply Urged To the Editor: The date on the memo indicates the amount of time which has elapsed with no reply to the students from Dean Headrick and the faculty. The members of the Ad Hoc Committee had hoped an answer settling the New York Practice issue would be forthcoming in the summer registration packets. Unfortunately, all that exists at this point are rumors of the fate and future of New York Practice. Rumors cannot be registered for or ad- NYCPLR in the Federal Prac-' tice courses with a supplemental course offered in the form of a limited practicum would be either adequate or academically sound. We recommend that a NY Practice course be taught each semester and open to the 2nd and 3rd year classes for the reasons stated in the memo. We urge all law students to lobby for such a curriculum. Nancy L. Caple on behalf of the Ad Hoc Committee Members that highlighting ded and dropped in the coming semester. In order to dispel the confusion now rampant in the law school, we ask the Dean and faculty for a concrete reply to the students in writing as soon as possible. The Ad Hoc Committee would like to clarify the fact that our endorsement in the memo of the Dean's proposals for teaching NYCPLR in the future was made in the spirit of compromise to elicit cooperation. We do not personally believe Contributors: Peter Bergenstock, Winston Ellis, Laurie Gross, David Schwartz | © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Ba len Van Editorial Guy SBA Election Invalidators Demonstrate Lack of Insight Five of nine SBA directors voted last week to defer validation of the SBA election pending a "student-body wide referendum." Instead of giving the new directors a mandate to serve the student body, five of the outgoing directors chose to elevate procedure over substance by refusing to validate the election on a mere constitutional technicality requiring that elections be held "within ten (10) class days of Labor Day" These five members have given meaning to the connotations "bureaucrat" and "hack." Unable to see the forest because of the trees, these five members have embarassed the law school by scheduling an election and then failing to validate the results of their own decision to hold an election. The "fickle five" should be castigated for their general lack of insight, as their worship for rules has no place in a crisis-ridden student government which is struggling for its very existence. The SBA, in essence, has irresponsibly neglected its duty to represent the student by passing back the buck in the form of a student-wide referendum. What logic is there in having the students validate an election in which all candidates ran unopposed? The era of bureaucracy must end. Students are tired of waiting for the SBA to act, only to find the year has once again ended without any significant efforts extended by their student government. So let us get on with the work at hand and not be troubled by the small trivialities which concern only small minds. To the "fickle five", Godspeed your departure from SBA. To the new incoming officers, we extend to all of you best wishes in your respectful endeavor to clean up the mess which your predecessors have left behind. by photo Nancy Caple From (I) to (r): Terri Rahill, Peggy Fabric, Jay Baum, and Students Demand CPLR Course Report of Ad Hoc Committee From: Nancy Caple, Peggy Fabic, Terri Rahill, Jay Baum An'Ad Hoc Committee of the Class of 1981 — Subject: New York Practice Date: May 23, 1980 Following is a summary of discussion with Dean Headrick and Mr. Greiner on April 29, 1980. We feel the meeting was a fruitful and worthwhile discussion of the student and administration views on teaching New York Practice jn the future. In response to the Dean's suggestion, we have drafted this proposal to address the problems and possible solutions for revamping this section of the Law School curriculum. The general consensus at the meeting was that the New York Practice course should be revised. The course as previously taught does not our fulfill - a^^^^^^™^^^^^^^ photo by Guy Van Baalen The Opinion Open House is over and all who attended had a fine time. The party, however, never ends in the Opinion office, so feel free to stop by. Page two Opinion October 2,1980 the . current ad- ministrative goals regarding the Law School's academic program. However, third year students feel they need and want exposure to the New York CPLR in a law school course. An indication of the strength of student support for a New York Practice course is found in the attached petitions. These petitions were circulated informally among the class of 1981 by this committee. In addition, the Student Bar Association felt this issue was important enough to survey the student body. Mr. Matthew Modica was responsible for the SBA survey. There are many reasons why a New York Practice Course is necessary. First, most University of Buffalo Law School graduates remain in New York State to practice. For example, according to Placement Office statistics, over 75% of the class of 1979 now practice in New York. Second, a Jaw school education should prepare students to excel in their later practice. The New York CPLR is a unique body of law which New York attorneys use daily. Without early exposure to the intricacies of New York practice techniques, UB graduates will be less efficient counsel, wasting their time and their clients' money. Third, study of the New York CPLR can be an effective academic exercise. A JSew York Practice course can use the CPLR as a springboard for the development of analytical techniques of statutory interpretation and comparative statutory study. Fourth, the policy of this school gives - students wide latitude to choose their curriculum beyond the first year core requirements. New York Practice should be among the options available to third year students, as it is in twelve other New York State law schools. The student should decide whether he or she will benefit from the New York Practice course. The following proposals in- corporate the needs of the student body and the concerns of the administration. Our first priority is to provide the third year class a fair opportunity to take a New York Practice course. To reach this optimum, "we seek a CPLR course to be taught in academic year 1980-1981 with an enrollment sufficient to accomodate the entire class. The administration should immediately seek a member of the full time faculty or an adjunct professor to teach this course. This person would be responsible for bringing the course up from the "bar review" level at which it was previously taught. In the alternative, major aspects of the CPLR could be tncorporated into the Civil Procedure II course which would be offered in Fall 1980 and Spring 1981. Anticipated enrollment in this should be large enough to incorporate every" member of the class of 1981 who has previously taken Civil Procedure II without the New York Practice component. It should also include those who have not taken Civil Procedure II but want a New York Practice course. Further, those who have taken Civil Procedure II should be given preference in registering for the CPLR course. In closing, we support the Dean's proposal to incorporate aspects of the New York CPLR into Civil Procedure I and II and to offer a limited class in advanced New York Practice to upperclassmen in the future. However, due to the present circumstances, the class of J9Bl will not have these options and interim action is necessary. Therefore, we wholeheartedly endorse the proposals outlined above. �CUNY Law School for Queens by Marc Ganz v an appropriation of $470,000 The City University of New York Law School is coming closer to opening its doors to a first-year student body. Several significant hurdles have been cleared and there are indications that the State Legislature will fund the newest law school in New York State. The CUNY law school, located at Queens College, has had its charter approved by the New York State Board of Regents after review by the State Education' Department. spokesperson said that "we have plenty of time", adding that discussions have already taken place with the Assembly and Senate leadership and finance committee chairs. The President's Assistant said that Dean Thomas also be used to solve various Headrick and Queens College questions of admissions stanPresident Saul Cohen would for a "planning year." This, according to David Fields, Assistant to the Queens College President, will go towards a "search for a dean, adding a law library and hiring certain faculty.The planning year will dards and course quirements," Fields added. re- The Board of Regents have approved a law school charter for a maximum enrollment of 450 students: "We will serve students who arte not able to In addltfofr;:<tlie go away to law school," said Fields, who had been working the school &<ra functioning unit in on the law proposal since 1972. their ten year planning docuFields was confident about ment for 1980-1990. the opening of the law school, CUNY " has recommended even if the legislature does not that the state legislature appropriate funds in the 1980 jinance the school, including supplemental budget. The soon meet toxdiscuss the new law school. Headrick has opposed the idea in the past, fearing possible enrollment declines, and loss of prestige as New York's only state law school. The two men .will discuss how the two law schools can best work together. Fields concluded by stating that "CUNY is the biggest university in the world without a law school." By all indications, this will not be for long. Voter Registration: Dates to Remember by Marc Ganz registrants may register in per- son. In Buffalo, ail polling places will be open for. local registration. In other parts of Erie County, contact the town There' Is another election "coming up on November 6, 1980. If you want to vote for your favorite candidate for clerk for available locations to President, United States register. October 11th is the Senator, Congressman, New York State Senator or Assemblyman, and candidates for a myriad of othter local offices, you must be registered with the' local board of election in the county you reside. The last da*te to register by. mail is October 6, 1980. This means that the board of elections must receive the applica- that business ,date. There will be local registration ■days on .October 10th. and 11th, at which prospective tion; „by last date to register to vote in the November elections. If you are in need of an absentee ballot application form or a mail registration form, the New York Public Interest Research Group Squire (NYPIRG), located Hall, has application forms. They also provic!; further inforthe requirements for mationj ..on lj>, ;io I It dO Carter, Commoner, Anderson or any other candidate, you may be left out of the voting booth unless you register soon. To the Editor: panel member would vote.) The Student Bar Association is an important organization representing the student body in committee appointments, in controlling student fees allocated to it, and in sensing and expressing student opinion about law school matters. But it needs streamlining. As it stands, it would take a fulltime President to manage the group effectively, and its cumbersome ways of getting things done must bewilder the elected President. Several Presidents have resigned. The glitter associated with getting elected disappears quite quickly when the President confronts the massive job he or she is confronted with. To streamline and replace the organization, I suggest that a seven member panel be elected (or perhaps partially appointed) to carry on the brunt of the work. The President would be elected at large, and each class would have two elected (or perhaps one elected and one appointed member. The President might be allowed to appoint one member from each class. Each Several committees would still be in existence, but only the chairman of the commit- tees would show have one up at be,held within ten days after sh „oc, Day! Because the elecelections. LaEfor ',/*») •-, .'-. i* t\t*>-~:', i, \ The -file an ■' The Studentt./ Bar Association was held after more than absentee ballot application tion's ususal course of events ten days had passed, Flint form is October 28v 1980 following an election has been asserts that SBA is without in the regular meetings. The Board would have final power in all decisions made. The Board could remove chairmen of committees which were not functioning will due to negligence. To streamline the recordkeeping function, where the Student Bar Association deserpately needs help, perhaps the Student Bar Association should consider paying someone (if it is legal to do so based on University rules) to maintain that function on a regular basis. Regular, wellkept office hours should be maintained so that the work could flow evenly. I would like to see the SBA succeed. Its aims have always seemed sensible to me, but its pursuit of those aims is impeded by a burdensome, cumbersome and unrewarding set of procedures. Allan Canfield, Assistant Dean for Student Affairs SBA Board Refuses to Validate Election; Calls for Referendum the,general last date to voting ' although you may file an absentee ballot application in person runtif* one before the election day. Whether you want Reagan, Canfield's Proposition to Streamline the SBA . referendum ". ..- . serves to makVSBA less desirable .' ." Altreuter stated. Altreuter admits that how to ' make SBA more desirable is a authority to approve the elec- good question. His first priority tion results. is to make ". decent facultyPat Dooley, SBA vice presistudent committee appointdent, countered Flint's position ments." Second on his list is to by stressing the overall intent fix the SBA budget for this complishment of the greater September 24, 1980, the moTo the Editor: tion to recent behind the recently amended year. The budget's problems validate the good for the school and for the constitution. The intent, accordirectly relate to the failure of election results failed a by not an accounting Last week's SBA decision to students to SBA minutes from last Jessica Hawkins Greenidge, ding Instead, vote of to a five four. refuse to validate the results of of angels dancing in the text of motion-requiring a referendum spring, is to avoid numerous treasurer, and Steve Butler, the election and toss the ques- the constitution. The referendum'asks elections which are thought to secretary, to return to Buffalo The SBA elections have ,'assed. tion to the student body in a the student body to approve downgrade the students' opithis fall. thrown back into our laps to allegnion of SBA. Dooley asserts Altreuter's third priority is to referendum should have come been the election and is due opportunity for the clause which mandates reestablish a rapport with the as a surprise to no one. It was now. This is an jns of the SBA coned vie us to demonstrate that we- are elections to-be held within ten faculty.' Good appointments merely one more manifestastitution. tion of the SBA's abrogation of more responsible and profesThe driving force behind the days after Labor Day should be and a rapid resolution of the budget problems are, in responsibility: a disavowal of sional than our leadership refusal to validate appears to read broadly. He suggests imus as being. I urge the trivial, the picayune and represents be Ed Flint, a second year plying the phrase "or as soon Altreuter's view, necessary you all to make it known that prerequisites to meeting this Flint, who has a thereafter as possible." the absurd. you are tired of the nonsense director. for validalast goal. proponents Other Rhetoric about substance and of complaints regarwant to get something number Assuming the election underlying procedure notmanner in which the tion expressed the need for ding the election was run, points SBA to exercise its capacity as results are validated, SBA's withstanding, the SBA's done. responsibility was, is, and to the constitutional representatives of the law next task will be to have a Bill Altreuter primarily always should be the acclause mandating the election students and to validate the runoff election to resolve the election on behalf of those tie votes for positions of first students rather than passing and third-year directors. The the buck back to the students runoff election is a responby way of a referendum. sibility of the current board. The end result was the Ironically, a constitution referendum. SBA emphasizes amended last spring to avoid its purpose is to validate the unnecessary elections is being Leadership required for student-run, student-funded program curelection results without used as the basis for yet displacing the results. rently providing advice/consultation to students on legal matters another election. The current In the meantime, the heirs referendum should hot be and on-cafnpus legal education seminars. A new format for "inapparent are not so'patiently blamed on the constitution but court" representation of individual students is a major project for waiting to take over SBA's rather on the failure of SBA to program. this year's reins. Bill Altreuter, presidentabide by its terms in the first Position open to all UB students work study and non-work elect, feels that SBA's refusal place. In the meantime, faculstudy. Selected students receive nominal monthly stipend for their to validate is a " . thorough ty committees are meeting efforts. farce, a kicker in the teeth ..." without student representation In his opinion, the SBA and SBA-sponsored organizaabrogated its responsibility by tions are wondering when they passing the validation question are going to be able to pay back to the students. The their bills. Student Priorities Ahead of Procedural Nonsense to pass a motion Validating the election results and to pass the gavel on to the successors. At an SBA meeting held on — • SUB-BOARD I, INC. — Positions Available Director and Associate Director GROUP LEGAL SERVICES PROGRAM .. — Submit resume to Sub-Board I, Inc., 112 Talbert Hall, Amherst Campus, before October 7. __ October 2,1980 Opinion 3 �Introduction to BALSA: Plans and People by Winston Ellis students and those who may have transferred here from The Black American Law other law schools. BALSA will Student Association (BALSA) is try to help make your law .happy to be able to bring to its school career enjoyable ■ as fellow students its own weekly well as educationally produccolumn to keep you abreast of tive. Your BALSA officers for the issues and activities relating to the needs of minority students year 1980/81 are Dana Cowens, at UB law school. It is an President; Shirley Robinson, understatement to say that it is Secretary; Joy Kendrick, about time we utilized the Treasurer; and Renee Kemble, school's paper for our pur- Vice-President. The BALSA ofposes. We hope you find this fice is located in room 113. The column informative and in- office hours are Monday, teresting and request you sub- 12:00-3:00, Tuesday, 12:30-3:15 mit your ideas and input to its and Thursday, 11:00-2:00. The writers to help make the col- BALSA office is for you; make umn beneficial to all the use of it! Stop by and find out minority community. what you can do to help the School is well underway and organization improve its serwe have many new faces vices to your'fellow students. There are many events and among our ranks. BALSA would like to welcome all of activities that have been going the incoming first-year on and yet to come that should be of interest. Tor anybody who missed the career orientation meeting on Friday, September 19, 1980 for first and second-year students, you can pick up a very informative handout in the BALSA office. The handout involves planning career objectives from the first year of school, and not waiting until the third year. There will be a resume writing workshop for all interested students in November. Keep reading this column for more specific information about that. BALSA will be sponsoring their annual Law Day on October 25,1980, starting at 9:30 a.m. to 5:00 p.m. at Harriman Library's Faculty Hall on the elude workshops such as "Values Associated with the Legal Profession," " How to Cet Through Undergraduate School and into Law School," and "An Informational Session on Career Opportunities in Law and Summer Legal Internships." A keynote speaker for the Law Day will be announced at a later date and there will be a reception following the speech where refreshments will be served. Additional information will be forthcoming. The ..« Minority Coalition of Professionals and, Graduate Students invite you to their cond Annual Dinner Dance at the Buffalo Hilton Hotel, Main Street Campus. Downtown Buffalo on The theme of this year's Law November 1, 1980. Those who Day is "Black's and the Law in attended last year's dance the 80's". The program will in- know it was a very enjoyable Public Interest Is a Unique Endeavor by Marc Ganz A largely unnoticed yet significant event in the UB law school maturation process as a public law center was the Center for Public Interest Law's premiere publication of In the Public Interest. From the outset, I hail this publication as a unique student endeavor which contributes to the goal of making UB law school a bustling public law center. As a part of SUNY, the law school participants, including students, administrators and faculty have a responsibility to Social Policy. These progVams Authority's political policies or together constitute the core of seeing the Sea Grant program a burgeoning public law progetting Involved with the gram that, with care, will Niagara River anti-pollution efbecome a national model. forts. Students have the I suspect that with a political freedom to undertake sophisticated recruitment ef- projects that may lead to painfort geared at more than the ful, yet constructive change. In Western tier of New York, the this way, students may use law school will titillate the their talents irKa constructive taste buds of a few powerful, and positive fashion. talented scholars who have The first edition of In the had experience in public Public Interest illustrates how policy development at the students can advocate public state or local level. These new policy alternatives in a producfaculty members may in- tive manner. For example, advertently bless the law Cheryl Possenti's article conschool with, new sources of cerning New Yorkers' efforts to contacts in Albany or mandate returnable bottles Washington, and thereby imand cans, more commonly prove present programming referred to as the Bottle Bill, is and funding. a policy idea that is rarely talkHow does In the Public Ined about in Buffalo though the terest fit in? Controversial and County Legislature is debating timely, and as a student financthe issue at present. A forum to ed and directed effort, the air public policy initiatives Journal is free from the such as the Bottle Bill is needpolitical pressures that act to ed at the law school. In the inhibit other journals and Public Interest is a potential publications. For instance, I forum for all citizens to exwould be astonished to pand on efforts of change, discover the Jaeckle Center do- whether by means, of the ing an investigatory review of legislature, the Courts or by - contribute to the betterment of those who subsidize them. The administration seems to be doing their share; the Jaeckle Center for state and local govement law will surely attract students interested in academic excellence in the field of governmental law. These and other interested students may also be interested in the newly-formed Law and Public Policy program (J.D./PhD) initiated by the Baldy Center for Law and the Niagara Frontier Transit direct citizen action. The Journal is also intellectually stimulating. David Milliken's article on Military Overspending wet my reading appetite. I went to several bookstores irt: search of additional reading on the effects of military spending on communities such as Buffalo. The other articles were similarly enlightening and covered a range of topics from water and air pollution to lawyers' pro bono obligations. Thepro bono article, however, contained too many cites and ■statistics. We need a forum for public interest law and not another law review. In the Public-Interest should be written for all persons to read and not just lawyers. Congratulations to all who contributed to this endeavor. I hope others will follow the Center's lead and write about policy alternatives that interest them. Then UB law school may accomplish an ambitious goal in becoming a nationally prominent public law center working on critical state and law issues of concern to us all. Winston Ellis photo by Guy Van Baalen time for all. Make it a point to attend and give your support to this coalition. Additional information about tickets and price will be put soon.. Remember to look for this column next issue for more BALSA news! The Law and Deviance A series of lectures sponsored by U/B's Baldy Center for Law and Social Practice and the S & H Foundation features "Legal and Social Scientific Views of Law and Deviance" by Austin T. Turk and Ruth-Ellen Grimes of the University of Toronto. The lecture is free and open to the public. Friday, October 3 1:00 p.m. Room 109 O'Briah Hall Contact: Milt Carlin Community-University Day The Amherst campus will be open to the public during the ninth annual Community-University Day which will feature bike races for high school kids, a picnic "with" Shakespeare, lab demonstrations, concerts, exhibits and even a "Tree Walk." A press room will be set up all day in Room 18 of Capen Hall, with press kits available. Sunday, October 5 11:00 a.m. to 5:00 p.m. Amherst Campus Contact: John Thurston Emergency Loan Program Aids Needy Students ■ i'iui mi uui 11 iai there was a disaster on the horizon and steps had to be taken to insure that the law school could provide some financial assistance to those students who had run out of funds. From his early discussions with the administration, Marlin realized drawing up an acceptable program would be difficult since there was a historical precedent of a program failure looking over his shoulder. Approximately seven years ago, the law school had an emergency loan program but.it went bankrupt when all the funds were dispensed and the loans were not paid back. "The problem was to drafta proposal that would help students, while at the same time making the payback pro- visions strict enough to insure 4 Opinion the vitality of the program. of the year, the SBA agreed to Both the Dean and members of provide $3000 to the program. the SBA were understandably Immediately following the very wary about committing meeting, the Dean reaffirmed large sums of money without his committment to provide an any guarantee that it would be additional $3000. paid back," noted Marlin. In early July, ELP surA major breakthrough oc- mounted its final hurdle when curred when Dean Headrick university officials decided agreed to match up to $3000 they would not block the prowhat the SBA would pledge posal. towards the emergency loan "I believe the fact that Dean fund. Headrick was willing to go "It was a little like poker," explained Marlin, "for I knew the SBA was reluctant to get involved in a program without the Dean's committment, and yet the Dean was waiting for the SBA to make the first Open move. It was very helpful that I knew fairly well most of the people on the SBA, and that to my relations with the Dean were pretty good. In hammert to ing out an agreement that was agreeable to both sides, I often felt like a labor negotiator." At its last budgetary meeting October 2,1980 along with the program on a one-year experimental basis played a large part in the university's decision not to fight over the SBA's allocation of mandatory student fees to help finance the program," said Marlin. Noting that most persons in the law school administration are skeptical as to whether the program will succeed, Marlin commented, "It's easy to cont'd, from page one understand their skepticism. However, I am convinced the students in the law school want this program to work, feel it can be an important part of the financial aid program, and will meet their obligations to fellow students by paying off their loan as soon as the NDSL or NYS loan check arrives. If it fails this time, we have only to blame ourselves. I don't think that will happen." « The International Law Society House Thursday, October 2 Those interested in joining should make the effort attend. Coffee and doughnuts will be served the deserving. Room 604, 9 a.m. to 1 p.m. �'Executioner's Song' More Sensationalism? by Peter Bergenstock Norman Mailer's The Executioner's Song is a factual reconstruction of the last nine months of Gary Gilmore's life, pieced together from letters and tape-recorded interviews of Gilmore and those around him. The book is documentary in that there is little sense of "author" about it any judgments or descriptions are — • and robs a gas station in Orem, ror is being made in having the Utah, killing the attendant. The execution go forward, next night he stops at a motel [Gilmore] has brought it upon and repeats his acts of robbery himself." The arbitrary apand murder. He is caught, proach to capital punishment tried, and convicted. He is is distrubing. Gilmore was put sentenced to death. i to death in self-righteous MorThe murders are no surprise. mon Utah; in another state he Mailer's step-by-step account might have lived. of Gilmore's actions effectivePerhaps the worst villain in ly traces Gilmore's evolution the story is the press. Gilmore's from confused ex-con to killer. double robbery-slaying was an But the account is superficial. ordinary crime, but when he It tells us only what happened challenged the state to exThe why of it all is missing. ecute him the "carrion birds" Mailer does not try to examine of the media settled upon what might have flowed made by the actors themselves. Mailer's role is passive, more like a skillful editor than a reflective writer. Mailer begins with Gilmore's through Gilmore's mind. Was return to. the world after 13 he insane or merely m-espbfisi; years in prison. Conditioned by ble? Mailer writes of Gilmore's life in captivity, Gilmore is bouts with Prolixin, a behavior unaccustomed to chpices or modifying drug given to him in decisions. He must be taught prison. Gilmore's family notic how to buy a pair of jeans at a ed the drug had a permanent department store. Sleeping on effect on Gary it made him sheets is a new experience for nasty and less predictable. But him, as is taking more than five Mailer does not pursue the minutes to eat a meal: "In possibility Prolixin might have prison you learn to eat in a increased Gilmore's criminal hurry Sometimes you just tendencies. Gilmore's cousin don't get it." and uncle said they knew Gary While Gilmore seems to ad- had committed, the. murders just to life on the outside— he before he was arrested. Mailer holds onto two successive jobs merely relates these prediche retains values learned in tions, he doesn't try to deterprison.. Theft is a gamefor him mine if they were solidly based and pride- is ' inviolable. or merely after the fact. Gilmore steals beer, tape While Mailer fails to tell us decks, and guns; he picks why a man murders another, fights at the least provocation. his descriptive approach sucWorst of all is his "respect for cessfully shows the role of the violence coupled With a legal system in Gilmore's story. disrespect for life and proper- We see Gilmore fighting the ty. When his girlfriend leaves American Civil Liberties Union, him, Glmore becomes un- as well as his own lawyers who balanced by emotion and the want to appeal his death one heavy use of barbiturates. He sentence, turn callous takes a stolen gun one evening reviewing judge said "if an er- . — — — Estate Tax Subject of Bar Program "Estate Accounting, v Utah. Everyone wanted exclusive rights. When Gilmore and his girlfriend attempted joint suicide, bids for-the story increased. Respected journalists were involved in National Enquirer territory. David over the sandbags and the holes in the mattress behind the chair, "creatures of an identical species feeding, all feeding, in the same place." If only Mailer himself had gone beyond writing a Susskind, who himself tried to thousand-page newspaper acbuy the story, called it a "sen- count of Gary Gilmore's story, sational, malodorous, ex- if he had reflected upon the ploitive mess." criminal mind, the penal The press lingered even after system, or capital punishment Gilmore's body was removed he might have'escaped being from the execution site. Mailer part of that species of carrion writes that they swarmed over birds. the chair where Gilmore sat, For Barbara You walked in to my life one night. There was something in your eyes Something sweet and beautiful portents of paradise. The room was filled' with others, but none that I could see; For nothing else mattered, except for you and me. Beauty so radiant, I had to look away From the brilliancy of Barbara, sunlight of my day. — v / ddnt know how I'love you in, oh, so short a time; I only know I do, as I set these words to rhyme. I hardly even know you, so what sense is there in this? Sense enough to hold you and seal it with a kiss. For the heart senses more than the mind will permit, So the heart makes more sense than the mind will admit. Oh, beautiful Barbara, be gentle with your knight Wounded once in battle, tender scars recall his plight. he sheds his armor, as he surrenders to your arms He lays there defenseless, a victim of your charms. Breasts pound in unison, as night goes into sun Waking to the morning, the heart has finally won. Now QUASI N. REM'BI Loophole© by hal malchow Distribution and Income Taxation of Estates up to $500,000" will be the subject of a program to be held October 10 in Buffalo by the New York State Bar Association's Continuing Legal Education Committee and the Trusts and Estates Law Section. The program, to begin at-9 a.m. will be in the Sheraton Inn £ast at 2040 Walden — Avenue and I-90, Buffalo. Some of the areas to be covered include federal and New York State fiduciary income taxation, postmortem planning, accounting records and preparation of accounts, and judicial and nonjudicial settlement of actax counts. Co-chairmen of the program will be William A. Bain Jr. of Buffalo and Henry R. McCar- thy of Syracuse. Speakers will include Stephen M. Newman of Buffalo, William C. Vaughan of Niagara Falls and David B. Liddell and Robert B. Salisbury, both of Syracuse. For more information on the program, contact the Continue ing Legal Education Department, NYSBA, One Elk Street, Albany, New York 12207 (518) 445-1211. October 2, 1980 Opinion 5 �PAD Names Canadian Ambassador Canadian Ambassador Kenneth Taylor has been named winner of the prestigious "Equal Justice Under the Law" Award by Phi Alpha Delta (PAD), world's largest international law fraternity. The award, established in honor of the late U.S. Supreme Court Justice Tom C. Clark, was presented at PAD's 43rd Biennial Convention held from July 29 through August 1 at the Arlington Hotel, Hot Springs, Arkansas. Ambassador Taylor was chosen for the award by PAD's international executive board for his heroic action in assisting Americans to escape from Iran during the antiAmerican uprising there which resulted in the taking of hostages, according to International justice Frank McCown of I ronton, Ohio. Ambassador Taylor was honored for his leadership role in hiding six employees of the — hitch at Mehrabad Airport — Professor Roger Deitz, a New York practitioner who teaches Securities Regulation in the winter term, would like to meet with students interested in his field. Professor Deitz will deliver a short lecture on the ramifica-. tions of Securities/ Regulation to the small and large business on Wednesday, Oct. 15 at 10 -am in Room 109 and at 2 p.m. in Room 108. Thereafter he will answer questions relating to the course. There will be a public hearof the New' York State Assembly Standing Committees on Child Care and Child Abuse concerning legislative proposals to prevent child abuse. The hearing is scheduled for October 7, 1980 at 10:00 a.m. in the first floor hearing room in the William J. Donovan Building, 125 Main Street. and Howard Lasher will chair the session. Further information can be obtained by calling Anthony Winter. ing Cantore at (518) 455-5077. Moot Court to Host Competition - and patents. Presently, three members of the board are preparing to 'compete in the preliminary rounds, the four national competition on an top-scoring teams are chosen issue regarding commodities to compete in.the semi-final trading. The board, a/sg hosts rounds, with the ultimate goal an. irater-school'c.pm petition in of arguing before a distinguish- the field of tax law," known as ed panel of judges in the final the "Mugel." This competition, round. Additionally, at the end named after Albert R. Mugel, a of the preliminary, rounds, ,ap-' local practitioner and faculty proximately' 25 students are member, is held here at UB selected, based oh their total each March. fall. This ccfnilJiSfition,.organized and hosted by the Board individual scores, to represent s Students interested in commembers,-proyidjes students the school as members of the' peting in the Desmond Competition this year, and possibly >iM> m wj|h th^i^itttnity-of^nga^ becoming a member of the trig in-i rrrotk; Appellate prr> Board, are invited to pick up is of petition only the the . This. ceedin'g. •Jeqaires preparation of a written brief many functions in which the the problem on October 1. and oral arguments before a board is engaged throughout Final briefs will be due on Ocpanel of local members of the the" year. Members of the tober 31 and preliminary oral board represent the school in a arguments will be held bar acting as judges oh a relevariety of inter-school national November 11, 12 and 13. A vant issue. competitions covering such cocktail party and awards bancompetiis through this It tion that the members of the areas of law as labor, quet follow the final rounds on securities, constitutional law, November 15. board are selected. The parcipants are as a team scored i location on fmmf prominent personages as Warren Burger, Chief Justice of the U.S. Supreme Court; U.S. Attorney General Benjamin Civiletti; Sen. Ted Kennedy, and Shirley Hufstedtler, Secretary of the U.S. Department of Education. The Carlos C. Alden Chapter here at UB law has its office in O'Brian 506. Alden Chapter was represented at the convention by Stu Ball and Ron on their written brief and individually on their oral arguments. At the end of three The Moot Court Board held their annual Open House on Tuesday, September 22 in.an effort to acquaint the student body with the upcoming Desmond Competition as well as with the functions of the Board. Many students are with the Moot Court Board thrbugfi'.their involveMoot ment in Court corripetitjpn held each ' the Main Street Campus!" i Some 300 delegates from the U.S., Canada, Mexico and Puerto Rico attended the convention and participated in a series of seminars and workshops, viewed videotape presentations on trial aspects of law practice and enjoyed a gala reception at the Governor's Mansion hosted by Arkansas Gov. Bill Clinton." Founded in 1902, PAD has 93,000 initiated members, chartered student chapters in 162 law schools and 77 • NY Standing Committee to Hold Public Hearing on the Issue of Child Abuse Assemblyman Paul Harenburg in Beautifully typeset and printed to give you a professional edge in the job market". Come in and see our complete line of typefaces and paper choices. We take pride in our personal service and low prices. I chartered alumni chapters. It includes as members such those six Americans. Teheran in late January when half a dozen "Canadians" arrived to board a flight to West SOUR RESIMIE... '"'' Germany, ending the danger to American Embassy in Teheran for almost three months par)/ of the time in his own and later shepherresidence ding them out of Iran in a daring escape plan he devised. The escape plan included an extraordinary secret meeting of the Canadian cabinet on Jan. 4, 1980 to approve issuance of Canadian diplomatic passports to the six Americans. Ambassador Taylor was in charge of all secret arrangements by which the Americans were housed, fed and rehearsed for their departure. The U.S. assisted in supplying forged visa stamps. The Ambassador began his preparations by sending his own staff members out of Iran on fictitious missions in order to establish travel patterns and clearance procedures. Everything, went without a Dietz to Meet With Students University Press 361 Squire Hall 831-2588 10:00 am to 5:00 pm . one. . . We also have a complete line of stationery, business cards and invitations! Criminal Law to be Administered 'Aura-ly?' by supposed to have. These in- "energy field" is quite difdividuals claimed they could ferent from the known elecIt was once said, "A lawyers tell you about your personaltrical activity of the body. training is only twenty percent ity, your past lives, your state When the electrical signals the result of law school. Give of health and much more, were analyzed, it was found me someone who knows about ajl from the color of your aura. that they were in the range of 'life' and I'll show you a good "Sillyness!" we rational 250-2000 Hz (cycles per selawyer." (I assume the speaker creatures said. "No such thing cond). Prior to this the highest was not suggesting a trade but as auras!! If these people are frequencies recorded from a was referring to the same in- really seeing colors they've human body were about 300 dividual.) I'm not sure who it been taking too many of those Hz. This was recorded from was that said all that, or funny little pills!" the tiny muscles of the face. Well, like most of our Hunt pursued these strange whether or not that person knew a damn thing about law, "known truths," it turns out signals further and determined lawyers, or life! that although rational they are that they occurred in distinct What follows has little to do wrong. Out of the hallowed patterns, shapes and frequency with "things-legal" as we or- halls of U.C.L.A. comes what realms. dinarily think of them, but it seems to be conclusive "We tried to correlate them has a great deal to do with evidence that auras do exist, to everything," says Hunt, life... and it's a hell of a lot and that some people can see "galvanic skin response, brain more interesting than the Interthem. Dr. Valeric V. Hunt, a wave changes, temperature, or professor in the department of body moisture, physiological nal Revenue Code perhaps it's interesting Kinesiology has found that changes you name it, we because of the Internal there is an emission of elec- tried it." It was only a hunch ,Revenue Code? At any rate... tromagnetic energy from the and the urging of a friend that Remember all those stories human body that correlates finally led Dr. Hunt to the about the flaky people who directly to colors reportedly world of "phychics." The psychic (in this case an aura claimed to be able to look at seen by aura readers. Using Inodified elecreader) would watch human you and tell you all about yourself just by looking at the tromyographic equipment, subjects were were "wired for colors around your body? They usually utilized to measure recording" and report on tape said they were reading your muscular activity, the what she saw in their auras. aura, something we all were researcher has found that this When the aura reader said she saw red, the waveshape and frequency of the. recorded electrical activity were par- David Schwartz — — Opinion 6 October 2,1980 mood changes could, also be predicted by the colors and electrical signals. What was ticular to that color. Green cor- described by individuals as related with a distinct apgr tended to correlate with waveshape and frequency, as the recorded signal that was did blue arid yellow. Further called red. States of anxiety analysis of these elctrical tended to be orange. Of course signals and reported colors led health and mood changes are quite subjective and defy exto the same one to one correlation. (For those with some act description but the tendenbackground you will notice cies were there. that these "colors" appear to This mood change and color be acting the same as the "visi- correlation is not all that dif- unknown. A number of ble" light spectrum ferent colors, different wave criminal detention centers are length and frequency patterns. using pink rooms to calm down The difference is that only the otherwise unruly inmates and aura readers could see them, the technique has proven sucnot the common ordinary folk.) cessful. If the criminal justice But what about all that system is using it, we know it other stuff personality, past must be fairly well established lives, health. ? Oddly they won't try anything enough there is something to unless it's been accepted fact all that. It was found these for at least 30 years. aura readers could tell certain Oh yes that past life stuff. things about the state of someAs far as I know it hasn't been one's health by paying atten- confirmed and it's difficult for tion to the patterns of colors me to imagine how it will ever they saw. The researchers be confirmed but then I'm a began to develop this same "rational creature" and we've skill based on the recorded already been wrong once in electrical patterns. Certain this article. — — . . — — — — �.. . . How to Play the Biggest Sport Around: The Recruitment Game by Joe Peperone "The game .what you see on T.V. or go and watch is just the finished product the players, the color, the excite- ,-. power-broker, this Machiavelli. She'll tell you who will win and who will lose, and why. Around the law school, this is the biggest sport around. Her name's Audrey the X and her story is "The Recruitment Game?' Pep Talk: Audrey, the stories about you are legend and the rumors are many. You're loved by thousands but others say you'd sell your grandmother to the Arabs to get another New York City firm to interview ment the victory and the defeat. .But there's another side: the shadows, the whispers; the other story. What you're about to hear isn't pretty, but it's true. Young kids, barely out of school, being hung out like meat, selling themselves to wealthy men here. What's the bottom line? who bargain for the right to Audrey: Well, the truth is, it have them on their "team." did clear up her sinuses; but Yesterday I talked to yes, I am distressed by the perhaps the most important things I've heard. They let two person in this ritual. She pulls hundred and fifty people in the strings, she makes the here a year, and I've got to get deals. Now you'll hear the them all jobs by the time stbry of this dreammaker, this they're out. Jt's bad enough market, you would think peo- roads in areas outside of New ple would be glad to have me York State? set up a lot of interviews for Audrey: Yes, we have, but them. But some people have it's a hard battle. When we first such picky requests.They think place a student in a firm which 1the world owes them a living. has never had someone from Buffalo, you have to hold your Pep Talk: For example? Audrey: Well, there's one breath, because if they don't guy, Tom G., who's a real pain. work out, the firm may never He wants me to ask firms if hire here again. Pep Talk: Has that ever hapthey have Sonys in the associates' offices. pened? Audrey: Just this year, we Pep Talk: You're kidding, , though we had placed another methodical, they think too anything else? Audrey: You're not going to law review person in a large much. Take Elaine H., for example. Puts footnotes on her believe this, but Sandy N. Atlanta firm, but in the last ingrocery list! How can I help refuses to interview at any firm terview, in front of all the that's more than five blocks senior partners, he insisted on someone like that? Pep Talk: I see your point. from a women's college! wearing two suits. Pep Talk: You do have your Pep Talk: Two suits? What other do you problems. But getting back to Audrey: That's not the half have? Audrey: Well, with the cur- the school in general, has the of it, one was pink! Well, it was rent glut of lawyers in the job placement office made in- about 104° in Atlanta that day, so you could imagine what they're raw and naive when they get here, but by the time the faculty and staff gets through with them, they're raw, naive, and very confused. My job is not easy! Pep Talk: It can't be too hard finding jobs for some people, though. What about the students on law review? Audrey: .It's not as easy as you think. Some of these people are too detailed, too happened. Tomorrow is too late! Pep Talk: I don't want to think about it. Well, howabout some good news. Do any firms seem to really like to hire students from Buffalo? Audrey: Why, yes, as a matter of fact. Two of our recent graduates are now working in England. Pep Talk: Why would English firms hire from our law school? Audrey: Welt, it turns out that two Lon,don firms were on opposite sides of a case which involved a question of 12th century crop rotation Pep Talk: Wow, and we're the only law school where you can learn about medieval crop rotation! Are there any other attributes our school's graduates are noted for? Audrey: Well, unfortunately, they are noted for not keeping their jobs as executive counsels of large corporations. Pep Talk: Why is that? Audrey: It seems the board of directors of these companies take it personally when Buffalo graduates continually laugh about "piercing the corporate whale." Pep Talk: Any other problems like that? Audrey: Buffalo grads don't have such a good record arguing in front of the Supreme Court either. Pep Talk: Why not? Audrey: Well, Rhenquist told one of our graduates that if he ever heard the words "primary facts" during oral arguments again, he would go . . crazy! Pep . . Student -_. Representatives: Doric H. Benesch • Therese Rahill Renee Lapides Francine Bruno toferr"Joan Warren Car ja c ersten Leslie Wolff Michael Chakansky Rosemary Gallick Erik Lindauer Arthur Scott Garfinkel Jay Marlin Paul 'sraelson Winston Ellis Patricia Jayne Lew Rose Tanya Harvey Orest Bedrij Ellen Dickes Pat Dooley Ruth Pollack Christopher Reed Mark Suzumoto Talk: Despite the problems, the consensus around the school is that the whole Placement Office is doing a hell of a job. It may be hectic now, but things can only get better, right? Audrey: Yeah, just wait until next year when firms start getting Buffalo resumes that say the person got an "H" in Automobile Accidents. I'm going to have a lot of explaining to do! "All that is necessary for the forces of evil to win in the world is for enough good men to do nothing." Edmund Burke VOTE! October 2,1980 Opinion 7 �Record Rack Perfect Voices, Better Benetar, and Costello's Vault by Mike Rosenthal group's best moments on vinyl closely with "shlock" disco to to date, and each contained have any true worth. perfect first sides. Easily spun Voices is the most consisoff were several hit singles, in- tent, imaginative, playful and Voices Daryl Hall and John Oates Hall and Oates have had a cluding "Sara Smile" and checkered career. Their "Rich Girl," and the potential maiden "recording, Whole existed for several more. Side Oates, showed their potential two on each of these alhums as blue-eyed soul singers, but contained their share of gems, lacked direction and was bare- but for the most part these sides contained songs which ly satisfactory. Their follow-up effort, Aban- misused the group's abilities. doned Luncheonette, was, on An exception to this would be side one alone, a perfect their sole attempt at a record album. Varied tempos, swit- with a Carribbean flavor. ching of lead vocalists, superb Soldering, which worked exharmonies, and skilled tremely well. The group at this point songwriting, particularly that entered a stage where it releasof John Oates, jelled together to make a powerful and potent ed five disappointing albums. listening experience. No Goodbyes, a compilation Philadephia soul had rarely of the first three albums' better been so well represented. Side cuts along yvith a few previoustwo, however, strayed too far ly unreleased cuts, sounded from the smooth soul stylings like the patchwork that it was. of side one and failed to cap- Beauty On A Back Street was a more matured War Babies ture the group at its best. but suffered from the same War Babies had its moments, flaws. Livetime was a exclusively on side one, but basic poorly produced live album. over on was too far the hard Along Red Ledge containrock mainstream to do justice ed twoThe excellent examples of to their strengths. This album, Hall and Oates stylings, produced by Todd Rundgren, classic "It's A Laugh" and "I Don't the inner conforeshadowed Want To Lose You," but sufflicts that would mar much of fered from poor production, the group's later material. excessive meandering, and the The self-titled silver album schizophrenia that was now and its followup. Bigger Than becoming deathly to their Both Of Us, contained the career. "X Static" flirted too enjoyable album Hall and Oates have ever made. Playing with the rhythms of new wave, Motown soul, fifties doo-wop, reggae, and Philly soul, the group has evolved its own new distinct sound. It works with their abilities and talents, instead of against them. Among the standouts on this album are the Motownish "You Make My Dreams Come True," the remake of "You've Lost That Lovin' Feeling," and the sexily rhythmic "Africa." The current single is a more typical, but high quality dose of the Hall and Oates sound. The song "How Does It Feel To Be Back" is sung a bit more gutsy than we've come to expect from Oates. The best cut, however, is the titlesong. With the verses coming from a new wave point of view, and the choruses being pure doo-wop, an interesting and startling new sound is bom. Hall and Oates have a top ten single with this song should they release it as such, and a revitalized career even if this only gets air-play as an album cut. The album shows the group has not lost the knack for mak- ing good music, but also is not afraid to grow and change. Provided* they do it within the boundaries of what they can do well, their future looks bright. .. Briefly Panarama The Cars Far superior to CandyJD, the songs here experiment with new rhythms, sound effects, and styles. And while they never sound like anything but the Cars, they don't sound repetitious or stale. And the lyrics take quantum leaps above both of their other albums. Crimes of Passion Pat Benatar While her first album lacked direction, their album's main strength is in its direction. use of Benatar's marvelous voice. The only major weak spot on the album is Benatar's remake of the whispery and willowy "Wuthering Heights," which seems very out of place here. Taking Liberties Elvis Costello This album of B-sides, import-only recordings, and previously unreleased material is leaps and bounds above the • last studio album. Get Happy. There are familiar songs like the two on Ronstadt's last album, "Girl Talk" and "Talking In The Dark" along with the cut omitted from the U.S. version of This Year's Model, much to the chagrin of the U.S. Costello fans, "I Don't Want To Co To Chelsea." The album spotlights the mellow Costello of "Allison" fame but doesn't do it at the sufferance of the rocking Costello. Especially noteworthy of the latter is "Getting Mighty Crowded," an old Van McCoy hit. After releasing one of the worst albums by a major artist released this year, it's good to have an album that does justice to an artist of Costello's stature. And once again, he has released an album with twenty Tight, sharp, and powerful, the record jet propels the listener through new wave, "Treat Me Right," blue-eyed soul, the Young Rascals' remake "You Better Run" and hard edged rock "Hell' Is For Children." The latter song is clearly the album's best cut as it packs strong lyrics about child abuse into a tightly structured rock number that makes excellent songs! Mensch Returns to Law School cont'd from page one chitecture at Cornell. After tracts!" she says. three years of teaching high Although she still had to school English, she moved to complete her seminar papers, the country to raise her two Mensch began Harvard Law sons and experiment with sub- School in September 1978. i sistance farming, which, accorThere wasn't the separation or ding to Mensch, was "not a distinction you might expect wild success". She had a huge between Buffalo and Harvard, vegetable garden along with she says. "I saw it as an extentoo strong an affinity for the sion of what I had here, really animals she kept. She could a continuation." Mensch atnot slaughter them, and kept tributes the easy transition to only a donkey, geese and a bil- the fact that Professor Konefly goat on the farm. "I first sky spoke extensively on the learned how to get angry," views of Morton Horowitz and Mensch says, "because of that Duncan Kennedy, her Harvard billy goat," who enjoyed the professors. In comparing her vegetables as much as the rest education at UB with the of the family did. students at Harvard, she Mensch's first exposure to discovered, "I was probably law was through her father, a the one person who looked prominent Chicago lawyer, back at my education and said who had prominent Chicago it was quite fine and lawyers and judges for friends. excellent." She found, at ÜB, "I hated it!" she recalls". But, the "openness and encourageafter her divorce, Mensch apment" she was looking for. plied only to UB Law School Elizabeth Mensch will be ofbecause sensed fering she a course in "something open about their jurisprudence and a seminar or approach in the catalogue." course in legal history for the Never having heard of Buffalo, Spring semester. She is currentshe took to the road again, but ly working on a review of The was accompanied by her Rise and Fall of Freedom of children this time. "It was a gut Contract by P.S. Aliyah for reaction," she says, "not wholStanford and finishing her Harly rational." vard research for publication. As a high school teacher, her "I have trouble meeting interest had been with semideadlines. It was that way in delinquent students and, upon school and still is," she candidentering law school, she inly states. tended to study juvenile Mensch feels the traveling justice. Being more theoretical may have been a strain on the in nature, legal history gave children. Having spent most of Mensch a chance to be critical, their school years in Buffalo, something which she found the boys are glad to be home. very appealing. She still regrets And Mensch says she plans on not pursuing juvenile justice staying "as long as they'll have but, "I love teaching conme. I've missed itI" 8 Opinion October 2, 1980 photo by Katt >y Lehsten Class of 2001 1 ; The Sierra Club needs law students to work on the West Valley project LWil involve Contract and Corporate Liability issues Call 832-9100 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-10-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 21 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/2/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6edb4a1a16d2aa7a3d56cd8f90a4c164.pdf a6e56200b611b98cc726610f3e4c4ad8 PDF Text Text Law School Welcomes New Professor To Faculty by Amy Jo Fricano Our new Sales and Secured Transactions professor, Tom Crandall, makes his home in Spokane, Washington, not far from the famous volcano. He is teaching at UB this semester, and is working on a U.C.C. textbook with Professor Spanogle. The text, Cases, Problems and Materials on the Uniform Commercial Code, wiJI come out sometime next ye.ar. It is an ambitious undertaking, tackling not only certain subjects, but rather the entire Statute. Presently the pair have completed drafts on Articles 111, IV, and IX. The rest will be dealt With soon. Shortly after the eruption of Mt. St. Helen this summer, Tom Crandall began .a year Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 long leave of absence from After graduation he spent a Conzaga University Law year at Indianapolis' largest School. He has taught U.C.C. law firm, Ice, Miller, Donadio and consumer courses at that and Ryan. He felt, however, institution for six years. that sort of practice "just The Crandalls are making a wasn't for him." From Indianapolis, Professor figure-eight tour of the U.S. law schools this year: from Crandall- went to work for Spokane to the University of Milwaukee legaj services in a North Carolina at Chapel Hill, neighborhood office as a staff to Buffalo, to the University of attorney. There he got his first Colorado at Denver, and then real exposure in the area of law back to Gonzaga. that is now his expertise. During his tenure at legal services, This is no small feat, Professor Crandall has brought he became involved with the along his young children, law reform unit, focusing on Kelley, age 3, and Franklin, age consumer credit litigation and 5 months, with the help of his legislative reform. As a prowife Candace Carver. Crandall fessor, most of his writing has states he is very "glad they're related to consumer issues. adventurers." While in Milwaukee, ProProfessor Crandall.attended fessor Crandall also served as a law school at Indiana Universi- lobbyist at the State ty in Bloomington, Indiana. Legislature in Madison. He said, "That may have been my most interesting job before teaching." There he lobbied for the adoption of an alternate proposal, of his own design, to the Uniform Consumer Credit Act which he felt was overly creditor-oriented. The fruits of his labor became the Wisconsin Consumer Act, which is now considered one of the most progressive enactments in this area. Pennsylvania Legal Services in Harrisburg was his next stop, where' Professor Crandall became Director of the Legal Assistance Division. There he worked on legislative proposals which resulted in substantive changes in the law of mortgage interest rates and mortgage foreclosure. "I guess I prefertthe lawyering skill of Opinion Professor Thomas Crandall drafting legislation to any other," he said. Crandall added that he much prefers lobbying to the life of a practitioner. In 1974 Tom Crandall made up his mind to go into teaching, another endeavor he finds decidedly more incont'd, on page six Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 "Only the apathetic have no opinion ..." Volume 21, Number 1 September State University of New York at Buffalo School of Law Placement Office Offers Many Job Opportunities 18,1980 Greiner on Temporary Leave by Edward Sinker job-fmding task in terms of a Viewed this in light. market. Professor William R. The University of Buffalo Placement is clearly "not an employment agency," as she Creiner will be on a temLaw School may not be Harvard or Yale, at least in the puts it. What Placement does porary one-year leave from eyes of prospective employers, is to provide guidance and his position as Associate assistance for people who are Dean to assume the responbut with the help of Alan Carlooking for legal or legally- sibilities of Associate Vice and Direcrel, Associate Dean tor of Placement, Audrey related employment. These President for Academic AfKoscielniak, Assistant Director aids include advice on effecfairs pursuant to an appointof Placement, and staff, U.B. tive techniques and strategies, ment by Vice President for sample Law Students have a good encompassing Academic Affairs Robert chance of landing a good job resumes, cover letters, who to Rossberg. write to, and mock interviews. anyway. Naturally, as Ms. "President Ketter made Koscielniak herself stresses, Placement also provides the main responsibility of fin- materials such as reference an excellent decision in books and psychological en- choosing Rossberg," said ding a job in the legal profesProfessor William Greiner Dean Thomas Headrick, sion lies with the individual couragement. In quelling student fears, "and Rossberg made a fine ble for receiving from temporarily to' serve as student; however, that task is Audrey stresses that Place- choice in Creiner. The students special "non- Chairman of the Admissions made far. easier than it otherment's function is far more university will be served routine" petitions relating Committee. wise might be if the student ap"I used Greiner as a sounproaches the task intelligently. than is .visible to most well by both men." to the academic program, Audrey, as Ms. Koscielniak students. Clearly, the most apding board," said Headrick, for graduation, A. Virginia Professor credit is better known, perceives the parent function of Placement Leary will fill in for Greiner general adacemic eligibility, "and it's reassuring to know is the early recruitment that is regarding ex- that he will still be available now going on. But this early as Vice Chairperson on the and questions to the law school communirescheduling. Academic Standards and am which includes recruitment ty as an advisor and instrucProfessor Louis Del Cotto The both the New York City Inter- Standing Committee. will step into Creiner's shoes tor." view Program as well as. the vice chairperson is responsiOn-Campus Interviews, is-"only the tip of the iceberg." And what a tip it is. The New York City Interview Program, for example, is very and a questionnaire which law tect UB Law's accreditation by R.W. Peters Opinion will hold its annual exciting to the Placement peostatus. Students were In-y students were to complete. recruitment bash today (Thurs- ple. Based largely on the good structed, in no uncertain terms, has its increased ABA week, students found The Last day, September 48). The results of last year's N.Y.C. profor outside work by to complete the enclosed Thomas allowance from Dean advisory an festivities will commence with gram, this year it is not only students from fifteen yellow form and return same coffee and doughnuts in the larger, but is being-run much Headrick in their mailboxes. full time to twenty hours, and is to Room 304, O'Brian. Opinion suite, Room 623 in earlier. This latter fact may The note regarded the number hours Law School sources mainwhether this new checking of hours that working outside O'Brian. Pizza and beer will be come as a jolt to many tain that this is a departure limit is with. complied being served in the afternoon. Those students' initial dismay, yet is law students may engage in.a to the from the usual hands-off Dean's letter to the was The advisory Attached interested in working for our actually to their benefit. For as facsimile of the memo receiv- students indicated that failure policy of administration newspaper should attend. Ifs ed by the Dean from the ABA to meet the terms of the ABA towards student off-campus a swell guaranteed (hid) to be activity. cont'd, on page four Legal Education Committee standard (305(aXiii) could aftimet by Dave Guy • Opinion Will Host a Party On 6th Floor ABA Imposes 20-Hr. Limit �Vol. 21, No. 1 OniniOn September 18,1980 4-Credit NY Practice Essential Editor-in-Chief . Edward M. Sinker Managing Editor Bob Siegel News Editor: Feature Editor: Feature Editor: Photo Editor: Business Manager: Marc Canz Ralph W. Peters Michael Rosenthal Guy Van Baalen Amy Jo Fricano Staff: Doric Benesh, Joe Peperone, Alan Beckoff, Melanie Pierson. Contributors: Dave Cuy, Mark Rosen. © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. should be offered as a four credit course, as it was previously, in order to comply with the expectations of those who had planned to take a four credit course in their final At a mimimum, the spring and to be taught by a semester. be offered for should course being While local practitioner. if this However, three credits. a step in the right direction, occur, a sufficient selecto is enough. go not far this does New York Practice is a course tion of four-credit courses that many seniors had planned needs also be offered so that on taking not only to prepare students will be able to meet themselves for the bar exam their credit requirements. The proposal as it now exand practice in New York, but, the course for on- memorandum was never answered. This semester the adLast spring, with the unfortunate passing of Professor ministration has proposed a Kochery, the administration two credit course in New York decided to discontinue offer- Practice to be offered in the To the Editor: ing a course in New York Prac- tice. This course had been taught as a four credit course by Professor Kochery. The decision was assailed by a large portion of the student body and was particularly criticized by this year's senior class since New York Practice is a course that is extremely helpful in preparing for the New York Bar exam and in the 'practice of law in this state. Many students signed a petition opposing the decision and an ad hoc student committee forwarded a memorandum to and met with Dean Headrick to discuss the problem. This in addition, to fill out their course requirements in their SBA Apologizes for To the Editor: 20-Hr. Rule Unwarranted - The SBA Promotion and Tenure Committee finally Last week Dean Thomas Headrick requested that all law published its long-awaited' students complete a student employment disclosure form. SCATE booklet evaluating the The declared rationale was to satisfy the ABA Accredita- law school professors. The tion Committee's demand that full-time students work no distributioncaused a not unexpected storm of controversy. more than 20 hours per week. This intrusion into the outThe committee is not without side commitments of students will act to separate law fault in this matter. The students from the community-at-large. methodology was sloppy: The ABA inspection team made several requests in an ef- percentage figures for grades fort to irViprove the existing quality of legal education. The were included without telling how many students took the team's major recommendation, however, was for a reduccourse (e.g., 17% F's in Prof. tion in our student-faculty ratio. Why has this request not Katz's Crime and Community been acted upon? Why are some students still forced to sit seminar were actually two peoon the floor in order to hear a lecture? ple out of eleven), percentages Dean Headrick's memo makes it seem as though our ABA accreditation hinges on strict compliance with the "20-hour rule." Scare tactics do not obscure the fact that the ABA standard is of minor import in the accreditation process. by Marc Ganz There are three reasons why the "20-hour rule" should not be enforced. The State University of New Traditional law school courses train people in the law, York (SUNY) central adbut do little to teach one how to be a lawyer. Students need ministration has stepped up its and desire an understanding of law in action. Knowing and attack on student control of doing are often as different as night and day. The present student activity fees. This, according to Student Association clinical program is not of sufficient magnitude to meet of the State University Presithese needs of the student body. dent Jim Stern, is evidenced by Lack of practical experience not only hurts the student, a direct attack on the funding but hurts the community as well. The ties between the law of such state-wide organizations as SASU and the New school, the community, and the Erie County Bar AssociaYork Public Interest Research tion should be nurtured and fostered. The administration's Croup (NYPIRC). stance tends to increase the distance between the law Since June, Chancellor school and the working world. Wharton's staff have waged Since student loans do not always cover all expenses, legal war against organized work necessarily enables many students to attend law student groups. Initially, school. Should we deny these students the opportunity of a Chancellor Wharton challeng- half- final semester of law school. hearted concession. In order to Last spring virtually the whole meet the needs of the senior senior class was enrolled in the class and to present a course course. As.a two-credit course of adequate substance, a four many students will feel or a three hour credit course is squeezed by slipping in a fifth required. elective and some may decide Steve Seener not to take it. The course . Orientation a Good Job "Sloppy" SCATE Editorial ists, offering ly two- credits, is only a were mixed with raw data, and grades were summed up over a span of several semesters without stating that fact One student was given the job of covering each professor and very little checking was done for accuracy. The committee and the SBA apologize for misleading figures and inaccuracies, and in an effort to correct any gross errors, we sent a note to all the professors requesting their corrections. The following correction was received from Professor Del Cotto: Gift and Estate Tax H-7, Q-23, D-0 and F-0. — To the Editor: The orientation program was conceived, "designed and managed by approximately forty persons. To thank all, those responsible for the smooth operation of the program by name, without missing any, would be difficult. Certainly, Ken Artin and Susan Pellatier deserve special compliments and congratulations. They both shouldered their responsibilities very well. Thank you Ken and Susan, and thanks are extended to all the other volunteers for the many tasks they performed. Allan Canfield Melanie Pierson News Commentary Threat To Student Fee Control — Ed the seating of Jim Stern on the SUNY board of trustees, contending that Stern was not a student. This step allegedly initialed Wharton's campaign against student organizations, according to SASU's spokes- More recently the Wharton administration has attacked the funding mechanism and accounting methods used by the New York Public Interest Research Croup (NYPIRG) and indirectly challenged student authority person. goverment's Wharton has also attempted to separate the Student Assembly, comprised of representatives of. all SUNY schools, and SASU, representing a majority of student governments who join voluntarily. This would cripple the student group, because much of the organization's funding comes from Student Assembly sources. budget via referendum. The attack, in the form of a legal opinion on NYPIRG funding, strengthens the administration's position in dealing with external or multi-campus orgnaizations by mandating legal education? One suggestion is for the law school to provide legal employment to supplement clinical offerings. The Baldy Center's initiative in housing code inspection is a model to You see before you a resource yet to be tapped by many; a be followed. The Center employs several law students to in- resource that can be whatever you want it to be. Why not take terview housing inspectors while the students learn advantageOf it? It belongs to you. It's Opinion and it's your law school newspaper. regulatory skills and also earn a decent wage. The school For those who think no one ever listens, we offer a chance to receives a report on regulatory behavior while the student be heard. For those who feel no one really cares, we encourage expression. is paid and educated. We offer a great deal to each one of you, and ask little in The administration seems to be worried about the return; only that you take advantage of us. dedication of only the working law student and whether he The new Opinion staff is dedicated to encouraging full parBut what faculty? has "spread himself too thin." about the ticipation of the entire law school community. Our doors are Shouldn't a disclosure statement also be required from prowide open to your thoughts, interests, and goals. We ask only fessors asking them to list their outside commitments? that you share them with us. We look forward to the 1980-81 academic year with great The administration needs to develop projects which involve students both in and outside of the classroom. To hopes and expectations. We hope you wjll find the new Opinion one of the best ever. We want so very much to be a good, effecpick on students at the request of the ABA without offering tive and involved newspaper, but we need your help. substantive programming alternatives does little in conDon't let a resource go to waste. To be apathetic and uninvolvtributing to excellence in legal education. ed is to have no Opinion. administration wishes to Your Opinion Has Value 2 Opinion September 18,1980 to campus-by-campus accounting procedures and more localized control of finances. Indirectly this new opinion may affect the funding of all multicampus groups that a school's challenge. In. NYPIRG's case, the SUNY-Buffalo administration has refused to release funds since March, maintaining that the organization had not filed the requisite accounting documents. Yet for the last three years, NYPIRG had filed a simple accounting form with their request for funds. This is the first year that NYPIRG's -funding has been challenged since 1976. Reaction to the legal opinion was swift. "Most S.A. presidents are going to spit at it," proclaimed Binghamton Student Government President Dave Wysnewski. He continued, "We'll battle them on it." « �Presidents Corner Cynicism, Apathy Cause Pierson's Resignation * by melanie k pierson course belongs in the curriculum. Now it has long been the dream of Dean Headrick and others to make this place into a prominentlaw school. To accomplish this, the Dean wants to cut out "bar review" type courses like New York Practice! Professor Kochery was well loved by students and well respected in the Buffalo legal community. When Professor Kochery died last spring, the Dean had his opportunity. Last spring, rumors abounded that there would be no New York Practice course offered this year. Students, of course," were scandalized and a flurry of petitions were circulated. The SBA held two open meetings to discuss the matter. These meetings were attended by less than a dozen students. Law students, it would seem, have time to sign their names to petitions but not time to come to meetings. To their credit, a few students, acting as an ad hoc committee, sent a memo to the Dean and the faculty, answering their <> This is my first column of the semester and my last as SBA president. I don't want anything to do with law school politics anymore. In three long months as president of this student body I have become a total cynic. The attitude around this place sucks. The New York Practice hassle Is the best current illustration of what I mean. From time immemorial the course had been taught by Professor Kochery, as a four credit course open only to seniors. Many seniors privately said the course was a waste of time, as easy a Q as you'll ever get, but 99% of the seniors took the course. It was the only course that made any real attempt to prepare seniors for the bar exam and for the actual practice of law. The Erie County Bar Association and the law school alumni both expressed the view that this was an essential course. With UB as the only state run law school in New York, it would seem that such a , SAVE $100 ENROLL BY OCTOBER 15 _rijBj .:::l|iii arguments against New York students .cannot carry a two Practice. The memo has thus credit course in their schedule far gone unanswered. and still graduate on time. The The issue suffered from the Dean will then, of course, be same problem that has able to point to the low enrollbefallen all issues students try ment and say, "See, the to organize around: the first students were only interested year students were too involvin the cheap credit and not the ed in getting a grip on law course content." When asked why the course school to organize politically and the third year students was going to be taught for two were already thinking of hours instead of four, Wallin themselves as alumni. The se- replied that no one on the cond year class was the only faculty could be found who class to organize and all wanted to teach the course for good second year students four hours. This is the same become third year students answer the Dean gave, when sooner or later. aSked why more minority When registration materials students couldn't be admitted: went out this summer, there "I can't find anyone on the was no mention of New York faculty to teach them." These Practice amongst them. remarks are indicative of both Students were given no infor- the administration's and the mation to plan future faculty's lack of respect for the schedules around. The latest students. This lack of respect is word, solicited from Registrar further indicated by actions Charles Wallin is that New like those of one professor who York Practice will be a two sent down a student lackey to credit course taught by a local indicate his displeasure with practitioner. The tvyp credit the SCATE booklet, rather than course most likely will not be writing a note himself or peras fully subscribed as it has sonally confronting the been in the past because many students his lackey was complaining of. At this point, a question comes to mind. Isn't it the job of a Dean, caught in such a situation, to direct someone to teach the course or hire someone who will? The irresponsibility of students is a problem the faculty and administration cite as reasons for the poor faculty/student relations that exist. The student body is now the victim of such irresponsibility. The treasurer and secretary of the SBA both did not return to school this fall and neither bothered to give the SBA any notice of that fact. As a result, the SBA budget is in shambles. The — • lift!-:::. budget was drawn up in several tense meetings at the end of last spring semester, meetings at which the treasurer presided and the secretary took notes. As it was the end of the semester and finals were upon us, no official written record was made of the budget decisions. Since these two people did not return, it is now the task of the newly elected SBA officers to wrestle with the budgetary problem. New elections will be held on September 22 and 23 to elect new officers and direc-tors of the SBA and new student members to the Faculty/Student Relations Board. I am not running for reelection because, as I have detailed above, the present situation and attitudes prevent me from being effective. However, only three or four people from last year's board are running again, so the new group can make of the organization what they please. If you have hope and about ten hours a week to devote to this organization, please don't hesitate to run. I wish you luck. . OPINION Open House TODAY v , Examlt i a couf* ~rri\nafV bar Te su\t *w Ra m extra° T^e pass the • ■ WuttW »* -mmmMMWam-- reps Larry Malfitano Debby Dacker • Norman Parratt ■ nAi// BUFFATjO brc Jean Walsh ' Jay Minteer Ed NorthvoOd Eiy«e Rubm Joy Kindrlck Larry Friedman iviiarinojosephson/BRC 71 broadway, 17th floor NEW YORK. NY 10006 , v — 4 9 Room 685 September 18,1980 Opinion 3 �Moot Court To Hold couraged. The Desmond pro- blem should be handed out during the week of September Open House The Moot Court Board will be sponsoring the 1980 Desmond Moot Court Competition to select new members. There will be an open house in the Moot Court Room from 9:00 to 5:00 on Tuesday, September 23. Please stop by for information about the competition and the Moot Court Board's other activities. Coffee and donuts will be served. All are invited to attend, though second year students who wish to compete are especially en- Placement .. cont'd, from page one Audrey points oui, many schools run their programs even earlier. So, by moving our timetable up, we gain a competitive edge we would otherwise needlessly forfeit. Last year the program was run as late as October 12. This year the initial NYC. program is being wrapped up by September 26. As to the program's success, the numbers seem to tell the story. Last year only 26 employers were interested enough to participate. This year the number has risen to 34; and that's just "so far." Audrey has left open the possibility that later on there may be room for additional NYC. interviews though for now the response has been so large that one prospective employer has even had to be turned down! That employer expressed interest in our program "too late," a fact mentioned by Audrey with some justifiable pride, albeit some regret. Another example of Placement's visible "tip" are the OnCampus Interviews. These interviews begin September 16 and include 32 prospective employers to date. By comparison, last year's total of OnCampus Interviews was just one more, 33. If, as Audrey expects, we do get more employers to participate this year, then both interview programs will have grown in size in and perhaps stature just the past year. And yet, again, this is only the visible tip of Placement's work. Placement also offers the batch submission program which does not necessarily entail interviews. Batch submission refers to those potential employers who merely request that U.B. law school have its students submit their resumes not to them, but to the Placement Office, instead. The Placement Office then submits en masse to such employer a copy of all interested students' resumes. This-may result in the employer contacting the students) in whom they are particularly interested. It is important, says Audrey, that the letters from these employers be responded to, since our response might keep -these employers coming back for more. That's one way upperclasspersons can help those who will soon follow in their footsteps. Placement also continues to — — — Opinion 4 29. Representing the law school in the National Moot Court Competition will be board members Michael Colnes, Pat Jayne and Paul Ricotta. This year the November competition will be held in Boston. The problem deals with whether a commodity account is a security and if there is a private right of action under the Commodities Futures Trading Act. Please watch for announcements if you would be interested in judging practice rounds for the Nationals team during October. work to get our graduates jobs even after they have left Buffalo. For instance, of last year's graduates, 86 people are now known to be employed in legal jobs and most of them are in traditional law-firm type jobs, 56 people are currently known to be still looking for their first full-time legally-related job, and roughly one hundred are out of touch and "presumed dead." Well, not really, but that is the helpless feeling they leave -Audrey and the Placement crew with when they fail to keep in touch. The Placement Office cannot force graduates to let Placement help them, after all. Should anyone be alarmed upon reading these figures, it should be noted that the numbers are not yet representative of the true employment prospects since the official Class of 1980 final report will not be ready until next February. With all the emphasis on these programs and the poor New Law Review Program by submission successful at other law ember 30 with thedrafts. The of the second schools. of the Review The program is set up in the editorial board vote on the form of a.competition. Second will then meet and selection as candidates. After year students enter the proby Associate the Editorial an topic submitting a gram by the proposal by September 15. A Board the student assumesand rights, duties, be same will of 20 maximum selected to continue on to the responsibilities as Associates through the competioutline stage. Outlines are due chosen the previous Spring. of tion a maximum September 29, and Throughout the various stages of 12 will be selected to proeditors, ceed to the writing of a first of the program, two Rosen, Mark Fahey and Mary J. draft, due October 27. Grades assisare not considered in any way. will offer full editorial to candidates. tance all The competition ends Novvery Mark Rosen The Buffalo Law Review is instituting this year a write-on program which will allow 2nd year students to become Associates on the Law Review by writing a publishable article. The program is designed both to encourage more student articles for the Review, and to reach good writers who, for a variety of reasons do not compete in the "traditional" Spring competition. Variations on this program have been employment market it seems to suggest, many students "are discouraged and, therefore, fail to aggressively seek employment in their chosen profession. Audrey urges everyone, whether or not they participate in the Placement Office's Interview programs, to remember that the firms and practitioners who can afford to participate, themselves, in these programs are rather limited. Moreover, not all lawyers who really want or need help are well versed in how to go about doing it intelligently. The market, Ms. Koscielniak claims, is - d/'sorganized. Students should "cultivate it themselves." And that brings us fuH circle back to the definition of how to approach the task of finding a legally-related job "intelligently." Do you need Placement? If you listen to Audrey, the answer is a qualified no. Placement is a valuable resource, and can be a sufficient aid in landing a job. But it is not necessary. What is necessary is knowing what to do. If you do not know what to do, and if you still do not utilize the aid of the Placement Office, then you are certainly not approaching the task intelligently Whether you approach the task of landing a legallyrelated job intelligently or not is your business. That thought Audrey Koscielniak is nothing new, for it has already been quite clearly stated by Audrey that the have put in the works a comresponsibility is the student's prehensive Handbook. The Handbook is currently in its alone. As for the future, Placement first-draft form and should plans at least more of the answer all your basic questions same. Additionally, Audrey, when it comes out late this SprPlace- ing or next year: Alan, Chris Moon This busy crew is also putAdministrative ment's who ting together their "first atSecretary, Sue Kellner "just left for the U.S. attorney's tempt" at a "comprehensive office, after doing a 'super bibliography of books directly job'," and Placement's three or indirectly related to job student assistants, veteran Sue searching." The Bibliography Sadinsky and "rookies" Anne will be ready "whenever PlaceDiFonzo and Diane Hinman, ment can get press time." — — SBA CANDIDATES loe Ruh My name is Joe Ruh and I am running for the office of First Year Director. For background purposes, I graduated from the Unviersity of Rochester in 1976 and spent the last four years in'thcNavy. It would be naive for any of us, after two weeks in law school, to rally behind any issue save perhaps overcrowding in some classrooms. In lieu of any issues, therefore, I wogld like to have your support for the following reasons: a I'm willing to spend the time required to represent us fairly. b. I'm easily approachable and eager to listen to your comments and criticisms. c. I've had a brief but informative prior career of working with and bureaucracy. around a As the issues develop, I will fairly and accurately present and defend your views to the right people. More important- ly, I will work for the idea that the Student Bar Association ought to spend as much time informing and listening to you as it does conducting its own internal affiars. Thank you, and I hope I can count on your support. Sylvia Fordice I, Sylvia Fordice, a first year minority student, September 18,1980 announce my candidacy for Student Bar Association Director. It is my belief that first year students must be well informed on all issues which might affect our future jn this institution. The SBA is the best mechanism by which to accomplish this goal of keeping aware of issues and changes within the law school. A significant duty of the SBA is the allocation of funds to law school organizations on the basis of demonstrated need and past performance. I feel, therefore, that my MBA degree in Finance and my work experiences in setting budgets and controlling and analyzing costs to budget will assist me in making sound business decisions that will benefit all students. Additional skills acquired during my employment with a Fortune 500 company include purchasing, personnel, and planning, all of which will enhance my effectiveness. As an SBA Director, I will strive to keep the first year students informed of all matters relevant to our welfare. Rick Roberts and Diane M. LaValle We are running for the offices of First Year Directors of the Student Bar Association and we'd like to take this time to tell you about ourselves. Law school should be more than endless hours of Torts, Contracts, and so forth. We'd like to make it more interesting and, yes, maybe fun, too! We've both had much experience organizing ILS Elects New Board by R.W. Peters successful activities. As StudentActivities Coordinator and Finance Committee Member, Rick has dealt with the needs of many diverse organizations. Diane has planned numerous activities as Resident Advisor and in other capacities. Having attended UB as an undergrad, she knows the school well and can obviously put up with anything! We are committed (and probably should be) to putting both time and effort into this job. Wiping highlighter off your hands doesn't have to be your only source of stimulation! Please vote! Marc Canz Let me be serious for a second now that that's over with, I want to announce my candidacy for SBA Treasurer's position. Ganz's the name; moneys the game. Just remember, a vote for me is better than no vote at all! Thanks for your support. Please Vote! The International Law Society has elected a new executive board. The elections, held last April, have placed Cheryl Oseekey as the new president of the organization. Also elected to the board were R.W. Peters, Treasurer; Alex McQuistbn, Secretary; and Frank Scifo and Caitlin McCormick as Vice-Presidents. The Society is an activist group, being involved in a large range of Law School activities. The ILS supervises the Jessup and Niagara Moot Court Competitions, both of which deal with a qdestion of International Law. This ILS also conducts a placement seminar for those seeking a career in the International Law field. The group is currently attempting to locate grants and other sources of funding for summer programs and internships. The start-up of an International Law journal is also be- discussed. The ILS advisor is Professor ing Leary. Those interested in the Society should attend its first organizational meeting, or contact a member of the board. The ILS office is in Room 604, O'Brian Hall. Virginia �MX Missle: Inevitable Reality Or Needed Boon? Reprinted with permission from Congress Watcher. by Jon Motl The MX, or Missile Experimental, will be the largest project in the history of mankind. It will be larger than the Great Wall, the Pyramids/ or the Panama Canal. It will require twice the cement that was needed for the Hoover Dam, and as originally planned, it will result in the construction of a road system that is the equivalent ofone-fourth the entire U.S. interstate system. All in all itis a vast undertak- "Youll bye it. Sign here." Reprinted with permission from the Desert News, Salt Lake City, Utah. ing. The MX is the new intercontinental ballistic missile being considered for placement in the Utah/Nevada Great Basin region. The MX is a large missile able to carry ten nuclear warheads to pre-programmed targets. Presently plans call for hiding 200 of these MX missiles in 4,600 shelters spread throughout the desert valleys of Utah and Nevada. The entire project will entail using 54,000 square miles, an area equal to the state of Georgia. The MX will draw vast amounts of money out of the productive economy into an end product that will, hopefully, never be used. It will also bring another boom and bust development into Nevada and _ Utah. The project was officially projected to cost $34 billion, but the General Accounting Office in Washington has said inflation alone will push costs to $56 billion. Others have estimated that it may reach $90 billion. What does that boil down to for the taxpayer? Over the ten-year period of the project, it will cost each person in the United States at least $300. In January, 1980, State Senator Frances Farley stood before her colleagues at the Utah legislature and with a sense of drama unusual in Utah unveiled a map showing vast portions of Nevada arid Utah covered with hundreds of finely drawn peanut-shaped loops. The map had been obtained, with much difficulty from the Air Force, requiring a Freedom of Information claim and help from a reporter friend. Each loop, Farley explained, represented one of the 200 proposed MX missile sites. "The Senators were stunned," Farley said. "It was the first clear picture many of ''us had of the site of the MX Project. Literally every flat place was covered with MX loops. Nothing was left but mountains and missiles the valleys were all gone. No one had expected anything that massive." Farley was one of the early critics of the MX in Utah, a conservative state whose populace showed a 70 percent support level of the MX in initial polls. Throughout this past year, however, MX support plummeted until recent polls showed Farley's position had been adopted by a majority of the Utahns and Nevadans. In contrast to the normally sedate nature of western politics, the response to the MX missiles has been anything but usual. Packed hearing rooms, detailed questioning of Air Force officials and letters to the editor have been commonplace in Nevada and Utah. The cause for all this excitement is clear. While polls show that a majority of Utahns and Nevadans now oppose the MX project, the same polls also show support for an increased defense spending and even support for a missile that would not resemble the vast, mobile land-based MX pro- — posal. It is apparent that the resistance is not to the overall concept of a larger defense through a better missile but simply to the specific MX project. Project Easily Criticized The sheer size of the project cannot alone explain the multitude of citizens who have criticized the MX. Even the Air Force's strategic justification for the project doesn't hold up. It can be argued that the MX isn't needed, won't work, and will harm the western environment while speeding up the arms race. The MX project is scheduled to be completed by 1989. As might be expected many who live in the MX area are concerned about the immediate effect of the project on their lives. Ranchers and farmers who may compete with the Air Force for scarce Great Basin.water are concerned that the project will lock them out. Likewise, rural Westerners see the influx of people and money from the MX project as the end of their present lifestyles. Finally, environmentalists such as Nevada's Rose Strickland believes the project would be an unparalleled socio environmental disaster. "The MX will sound the death knell of wide open spaces, untouched valleys and Great Basin mountains," said Strickland. Now joining the MX opponents in their fight are a growing number of policy ex- Forum Presents McNamara The Distinguished Visitors Forum will present Jim McNarnara, a Columbus, Ohio NLG attorney and active member of the Greensboro Justice Fund and of Those United to Fight Facism (T.U.F.F.) on Monday, September 22,1980 at 8:00 pm at the law school (room to be announced). McNarnara will lead a slide and video tape presentation of the tragic murder of 5 Communist Worker Party members by Klu KluvKlansmen in Greensboro, North Carolina on November 3, 1979. Watching the films is an overwhelmingly moving and unforgettable experience which should not be missed. Immediately following this event the Buffalo chapter of the National Lawyers Guild will hold its first general open meeting for new and potential members. The roles of the chapter and its various committees will be discussed. These committees include: Anti-Sexism Committee Affirmative Action Committee Labor Committee Public Relations Committee Prison Task Force Anti-Draft Committee Community Law School Active participation in the National Lawyers Guild provides students with a political and legal experience the law school curriculum sorely neglects. The entire law school community is encouraged to attend Guild meetings and to join the Guild, although membership is not a prerequisite to participation in the work of Guild committees. - perts, scientists arid political analysts who believe the strategic underpinning of the project is itself a flawed concept. Heavy weight military authority General Maxwell Taylor, former chairman of the Joint Chiefs of Staff, has publicly questioned the need for MX. Dr. Richard Garwin, one of America's leading defense analysts, believes the MX cost will be too great a burden on the overall defense program while deploying a system that "is not in step with . technology. " It is symptomatic of the conceptual weakness of the MX that Critics have been able to develop several alternative plans, such as the deployment of missiles on small submarines. — Citizens Are Organizing Others Believe the MX In- evitable Despite the strong forces of opposition, many Utahns and Nevadans believe in the MX. John Wellinghoff, a Nevada Lawyer and Board member of Citizen Alert (a group opposed to the MX), attributes this support to the influence of the attitudes of Utah and Nevada political leaders, who, with few exceptions, seem to be working for the MX and against the citizens. As one might expect, the MX issue is writing a new chapter of western citizen activism. In Utah and Nevada, several new citizen groups have pooled their energy and funds to work against the MX. As western citizens have struggled to wield their antiMX majority in an effective citizen voice, national groups such as Friends of the Earth and the Sierra Club have debated whether to use their already organized voice against the MX. Steve Wheeler of Friends of the Earth (FOE), a national environmental group, said, "For us, it was primarily a matter of deciding to oppose the MX on environmental and land use grounds." For other groups, such as SANE, a national anti-nuclear weapon group, the decision was an obvious one. At this timeSANE and FOE have been joined by 20 additional church and citizen groups. So Far the MX Proponents Have Won Battles Given the large organizing tasks and short time periods at both the local and national levels, it is not surprising that MX proponents have won the early congressional battles. Still, the early MX victories have not been decisive (all involved planning or development issues) with the major land withdrawal and construction funding debates yet to come. Major MX issues have not yet been decided. Utah State Senator Farley offers a hard-nosed assessment of citizen self-interest in the MX. "We in Utah and Nevada have no choice. We have to fight the MX because we're here and the MX is coming into our homes. I can only hope that people elsewhere are wise enough to see it is their fight too and care enough to lobby their Member of Congress." )on Motl is an organizer for Ralph Nader in the Rocky Mountain West. He can be reached at (406) 542-2090. Funds For Legal Jobs The Buffalo Public Interest Law Program, Inc. was founded two years ago as a means to fund summer jobs for students interested in public interest law in the Buffalo area. Students, faculty and administration made donations to fund the positions. In addition SBA funded one position each of the past two summers. This year third year student Francine Bruno worked at Legal Services for the Elderly, David Nelson, a second year student worked at Prisoners Legal Services and third year student, K.C. Edgell, worked at Protection and Advocacy Services for the Developmental ly Disabled. All persons who made pledges this spring will be contacted or may leave a check payable to the Buffalo Public Interest Law Program, Inc., in Room 605. Additional contributions are welcome. September 18,1980 Opinion 5 �Convention Notebook: The Democrats At The Garden Buffalo Law Student Goes Elephant Hunting calls from the podium that he Reagan, particularly the advance text of his speech, he tions, as with that of Dellums former governor's dumb comwill declare that his intention last night, is merely to allow announce his state's vote. MONDAY: As I begin this York Carter ments like of is "Eighty percent merely to speak and not to these people to have their say. The New by Alan Beckoff journal, the debate on rule F(3Xc) is under way. Each side delegates stage a demonstra- tion. Chairman-Tip O'Neill, reis pontificating on the theme quests that "the home state's of its position, freedom for the delegation please have the delegates versus fairness to the courtesy to vote." Ohrenstein primary voters, without begs forgiveness, saying that he touching upon real motives is having some troublewith the behind this fight. The leaders tabulations (I wonder why Alaska, which voted 6-8/17 for of the open convention movement are Kennedy supporters and 4-9/17 against, had no difwho are making a last ditch ef- ficulty answering the first call.) fort to keep his candidacy After 15 minutes, Ohrenstein alive. In the last few days they announces the vote (.163 for, have been joined by Demo- 118 against, 1 abstention) to a crats seeking an alternative to chorus of boos, cheers, yawns, Carter in the wake of "Billyand sighs of relief. gate." The President's supMorris Udall, Carter's porters, on the other hand, are closest rival in 1976, gives a obviously concerned about the folksy keynote speech to a possibility, and as of late, the near empty arena. Udall, in probability that Carter will what promises to be the theme lose the nomination if the of this convention, damns delegates he won in the spring Reagan more than he praises are not bound to him. In 1976, Carter. Incidentally, I am now Jimmy Carter went into the sitting in the Railroad Press convention with a delegate Lounge, which four televimajorityand without this rule, sion monitors: CBS, ABC, NBC, as did Ronald Reagan this past and Ted Turner's Cable News Network. Don Postles just July. F(3Xc), briefly, requires that walked by. I set forth to look if a delegate does not vote for for Irv Weinstein. the candidate he supported six months earlier, he will prompt* * * * ly be given two tickets to "Annie" or bumped off, depending TUESDAY: If a platform is on his degree of obstinacy. The really the party's contract with rule was designed to be a the people, as the Democrats triumph of reform politics over always claim, we should sue the old days of the smokefor breach. What could their filled room, but in operation it defense be? Mental incapaciallows a desperate candidate ty? to keep his party from repudKennedy is due to speak iating him. In fact, Carter's soon on the platform minority operatives (led by Bob Strauss report. There are lots of Kenand Hamilton Jordan) are in a nedy posters in evidence; in smoke-filled trailer just off the fact, I see no Carter parapherconvention floor making nalia at all. And the mere menphone calls to waivering tion of Carter's name by delegates. tonight's speakers causes the The roll call vote on whether hall to break out in boos and to dispense with the rule comcatcalls. My guess is that mences. California passes. So Carter's people, in their limited does Illinois. Then New Jersey, benevolence, gave out extra New York, Pennsylvania, and passes to Kennedy supporters. Texas. None of these large When Kennedy is finally instates, most having Kennedy troduced the crowd goes abmajorities, wants to be the one solutely wild. The place is a to hand Carter this victory. On sea (or field pick your second call California, Illinois, favorite metaphor) of waving New Jersey and Pennsylvania blue Kennedy placards and the (which put "Nay" over the top) band is belting out non-stop give in. Texas finally yotes. But refrains of "McNamara's State Senate Minority Leader Band." As will no doubt be Manfred Ohrenstein, a Kensaid before this journal sees nedy delegate and colight, Kennedy's speech was a chairman of New York's classic performance. But like delegation, ignores repeated Udall, he concentrated on air pollution comes from plants and trees." Tip's Rules of Order bring the platform debate to a quick close. The idea is to rush passage of the minority planks in order to appease the opposition and keep things moving. Like the Republicans, the Democrats inserted a loyalty plank into their platform. While the Republicans called for the appointment of judges who "respect traditional family values and the sanctity of innocent human life," the Democrats' policy is to withhold party money from any candidate who does not support the Equal Rights Amendment. When the lights came back on after the Humphrey film, all the traces of Kennedy blue had vanished and the arena was again filled with Carter green. These Georgians may not know much about'running a government, but they sure are professional when it comes to conventions. — New Professor cont'd, from page one teresting than practice. Among the subjects he has taught at Gonzaga are UCC Articles 11, ... goal, he said, is to guide his students meticulously,'step by step, through these formidable 111, IV, and IX, Consumer intricacies. He wants to strike a Credit,. Consumer Protection, balance in his teaching for the and Contracts. two groups of students he That Tom Crandall "loves perceives in his classes, "those teaching" is evident from his who think of commercial law demeanor. He seems to be hav- as a distinct discipline, a ing fun even while discussing specialty, and those who hope the duller aspect of a case in they never see it in practice but are taking the courses just class. He said "I spend at least in case." 50% of my class preparation His technique seems to be time, if not more, merely working. The Gonzaga Law organizing." He said that he students elected him Most vividly remembers facing enorDistinguished Teacher in 1979. mously complicated statutes Professor Crandall is surely a as a law student, and experien- welcome addition to the Law cing that feeling of floundering faculty, albeit for a short time. in so much mush. His main Opinion 6 September 18,1980 **** WEDNESDAY: For a study of "time, place, and manner" in action, I walked by the Eighth Avenue Post Office across the street form the Garden. Every conceivable interest group anti-abortion, pro-choice, free Cuba, no nukes, anti-draft, gays, save the whales was on hand, assembled more or less peaceably behind police barricades. Permits had been required long in advance. Only the Communist Workers Party members were getting somewhat ornery, and a small fight with the police did ensue. Given the outcome of Monday's rule fight, tonight promises no excitement. However, a friend of mine who belongs to a Brooklyn political club passed along a rumor of a mass — — • by Kennedy delegates. I think the Carter people will avoid such. a scene by making sure Kennedy's parto their tisans remain bound walkout — seek votes, and will warn against moving to the right as the way to combat Reagan. That Dellums is being nominated by the chairman of the Congressional Black Caucus is strong evidence of black disaffection with Carter. "The Star Spangled Banner" is gloriously mangled by Willie Nelson, who, by changing some words around and cutting out several lines altogether, gives an awful anthem the rendition it so justly deserves. After * Dellums' speech I to the press lounge. When Coretta Scott King was introduced to second Carter's nomination, ABC, NBC, and CNN stayed with her. CBS cut to a Polaroid commercial. I came back upstairs to find the TV monitoring crew behind the podium watching "Casablanca" on a local station. The roll call vote proceeded as usual, with each "great" state giving its Chamber of Commerce speech before announcing its vote. Arkansas, the District 'of Columbia, Florida, and Minnesota pass. One delegate from uklahoma voted for Governor Carey. Nineteen South Dakotans voted for George McGovern. After all the music and demonstrations celebrating the Carter victory, Lieutenant Governor Thomas P. O'Neill, Jr., of Massachusetts announced tht Kennedy wanted his home state to move for acclaimation. From the podium, the elder O'Neill called out, "All those voting 'Aye'?" When the response came back, O'Neill declared, "The 'Ayes' have it!" I suppose in all the excitement he just plain forgot to ask whether anyone was. voting went "Nay". * * * * THURSDAY: Before getting down to Mondale, the names of Patricia Simon and Melvin Boozer are placed in nomination. Simon is taking the antiRonald Dellums, a black war position used by Ron Congressman from California, Kovic in 1976, and Boozer is is to have his name placed in representing the gays. The purnomination. According to the pose of thse token nomina- chairs. They rarely draw any votes, and as the roll call is now proceeding, token votes are going instead to an assortment of favorite sons and daughters. After Mondale's speech, which was at its best when he parodied the rhetorical question device employed frequently by the Republicans in Detroit, the film salutjng Carter and the party came on. During the first half, in which Carter is portrayed as having the best qualities of all of his predecessors, the crowd cheers wildly for the traditional FDR, Democratic heroes Truman, Johnson, and JFK. But to give you an idea of just how partisan these people are, they boo Eisenhower and, this is relly tacky, Abraham Lincoln. The part on Carter completely lacks the wit of the 1976 film, which included many of that year's political cartoons. Here is The President, the man single-handedly responsible for the affairs of the world. The narrator concludes "Ladies and gentlemen, The President of the United States." Carter emerges into a spotlight to the strains of "Hail to the Chief." The party seal on the podium has been replaced by the presidential seal. I am moved to nausea. Carter's speech is rambling and generally uninspiring. Some firecrackers set off by a CWP member (who was quickly hustled out in a headlock) startled him, causing him to praise "Hubert Horatio Hornblower!" When he mentioned draft registration, he was greeted with a loud chorus of boos, which were quickly drowned out by louder cheers. It is ironic how Carter brags about increasing defense spending while Reagan quotes FDR. The reception for Carter was downright tepid compared to the boom for Kennedy when he appeared on the podium. The two former rivals greet each other warily. As the balloons trickle down from the ceiling because the nets failed to completely open, it is difficult on this night to tell who the true victor is, whose ox has been gored, or, I should'say, whose ass has been whipped. . — Call For Proposals Proposals for activities to enhance University life are being sought by the Student Activities Steering Committee, which has been allocated $25,000 by the Faculty-Student Association to fund approved grants which cannot normally be funded through other sources. Any member of the University community may submit a proposal with a budget estimate to: Student Activities Steering Committee c/o Student Affairs 542 Capen Hall Telephone: 636-2982 Proposals may be submitted on forms available at that office or in the form of a letter. Submissions should include the name of the proposing individual or organization (with a person to contact), and a detailed estimate of expenses. After initial screening, proposers of projects being considered will be invited to meet with the committee to discuss their requests for funding. The committee seeks creative responses to University-needs which will benefit a substantial segmentof the student population and the University comv ' munity. Deadline tor receipt of applications is October 15,1980. �Peperone's Pigskin Preview Predictions by Joe Peperone George Brett is closing in on .400, Baltimore is closing in on the Yanks, and Fergie Jenkins is closing in on a 5-10 year term in the Toronto Penitentiary. Such is the state of major league baseball as the 1980 season draws to a close. I'm pleased to remind everyone that my baseball predictions of last April are, for the most part, working out pretty well. Of my four first place picks, Montreal and the Yanks are leading their divisions, Houston is battling LA. in the N.L. West, and California is only 34 games out. Drunk with success, I'm going to dust off the ol' crystal ball once again and try to predict the divisional races in the National Football League. Since each team has played one game as of the writing of this column, I admit I am cheating a bit. However, for at least one team, the result of the first game will have a large impact on the rest of their season. The team I'm referring to is the Buffalo Bills. Their win last week against the Miami Dolphins was-not just another win. The victory, and just as important, how it was achieved (two touchdowns in the last four minutes), may be worth over the course of the year. The reason I say this is because football, like most sports, is a very psychological game. I believe thai football, because of its "short" schedule and week-long gaps between games, is even more so. For a team to believe in itself may in part make up for the talent it lacks when matched up against what might otherwise be regarded as a better team. The Bills lost to Miami on opening day last year on the last play of the game, extending Miami's decade long mastery over the Bills, and perhaps setting the tone for last year's 7-9 record. With a 1980 attitude of "we can," it may make the race in the American Conference East quite interesting. England should win the division title. Steve Grogan may have his bad days, and the Pats will invariably lose to a few teams-they shouldn't, but the team is fundamentally strong and has no major weaknesses. Miami was picked by many .to either win the division or come in a strong second, but judging from their opening performance, they have a lot of holes to patch up. Their o f,f ,cn s i v c line is mediocre at best, and Bob Griese is beginning to show his age. They will have to improve fast to keep ahead pf the Bills and the Jets. Before the Dolphingame, I though the Bills had a good chance to go at least 8-8 this year; now I'm sure of it. In fact, I'm going to predict 10-6 and settle for 9-7. If Joe Cribbs plays as he has so far, and the defense stays healthy, the Bills should be in the playoff fight right up to the last game of the season, IF they can avoid beating themselves. The- Jets' offense is exNew plosive, but their defense is erratic. Richard Todd, Wesley Walker and Company are most effective when the Jets aren't forced into passing situations. Thus, if the defense keeps the game close, the Jets passing attack should win its share of games; if they're forced to play catch-up, though, they may have problems: 8-8 seems reasonable. Baltimore should be secure knowing that, with a healthy Bert Jones, they are, the best last-place team in football. Without him, they're in big trouble. Certain Pittsburgh Steelers, such as Joe Greene, wear all four of their Super Bowl rings on one hand, thus the slogan, "One for the thumb in '81". They should get it. With the possible exception of quarterback, they have quality backups at every position, and are a good bet to go all the way. Houston is an improved team with Ken Stabler They are probably the second best team in the whole N.F.L., next to the Steelers, but they'll have to settle for bridesmaid status again. Cleveland should finish third, with Cincinnatti bringing up the rear. The American Conference West should be closest divisional race with any team capable of winning it. If Fouts can come close to his recordsetting performance of last year, San Diego should repeat. If he doesn't, watch out for Oakland. In the National Conference West, Philly should overtake the Cowboys and the Redskins for the division crown. W Ron Jaworski stays hot, as he has through tne preseason and the first game, the Eagles should make it to the Super Bowl. The Giants and the Cardinals will fight out for both respectability and fourth place, with the Giants having the best shot. The world keeps waiting for the Bears to have their big year, and off their performance against the Packers, they still may be waiting by December. The Bears' passing attack has to take the heat off Payton for"' the team to go anywhere. The Vikings should sneak in to win the Central division with a 10-6 record at best. The Lions may also pass the Bears, if • Simms and Danielson stay healthy. As for the Packers, I originally had them for 1-15, but since they ' beat the Bears, L'll up it to 2-14. The only advice I can give them is to move north to the Canadian League, where they may have a chance to play ! ■' .500 ball. In the National Conference West, the team to win more games than it loses will win the division. Considering the teams involved, that may not be easy. I'll blame the Rams loss to the Lions on the fact that their defensive holdouts weren't in shape and pick LA. to win in a yawner again, with New Orleans the dark horse. None of the above is guaranteed and I'll deny everything. Comments and/or suggestions for future columns will be much appreciated. Oh yeah, I hope the Yankees choke. Loophole© by hal mafchow Record Rack Newest Superstar Releases McCartneys Worst, Diana's Best by Michael Rosenthal — Rolling Stones v Emotional Rescue As fine an album as their last album, Some Girls, which made the Stones a group to reckon with all over again, Emotional Rescue shows that the Stones can stay on the top of the rock pile for as long as they want to. In their fifteenth year of regularly hitting home runs, the Stones don't strike out anywhere on this album. Their influences are still wide and sundry with blues, reggae, disco and new wave all affecting the music on this record in various degrees. While the big hit is the title cut, the most envigorating spirited song on the album is easily She's So Cold. Jagger obviously had a lot of fuh with this cut and his enjoyment carries over. A close second in spirit is Where The Boys Go. As always, what works most for the Stones is whatever they do, even J agger's mock Barry-Gibbfalsetto on the title cut, the stamp of the Stones keeps shining through. Paul McCartney McCartney II — Apparently made as quickly and with as little thought or heart behind it as the first Wings album, Wild Life, this album shows that McCartney is- now -oblivious to the necessities of good music. Sad position for so talented an artist. McCartney sacrifices melody for gimmick, and lyrics for child rhyming. While Back To The Egg was not a particularly outstanding album, it at least had its moments. McCartney II is almost completely devoid of moments. There is barely a song present, and the pieces of songs thrown together just do not jell. Coming Up was overplayed and undeservedly so. Waterfalls, the only other song of note is missing something. In short, this album is a disaster. Jackson Browne HoldOut ' — The happiest, most accessible album that Browne has ever made never gets too somber or downbeat to mar it as many of Browne's past works have been. Disco Apocalypse and Hold On Hold Out, the first and last cuts on the album respectively, are the most powerful. When Browne begins to speak at the end of the latter song the album is worked up to such a climax that it just about explodes. This album proves most assuredly that Browne can be a top notch writer and performer without being an unhappy one. Where are cuts like Tired of Waiting? Well Respected Man? Anything from Sleepwalker' More from Misfits? There was so much potential here, but the potential wasn't nearly met. Queen — The Game A stronger album than they have made in a long time. The Game still has, like most Queen albums, a patchwork quality with so many dissimilar styles lying side by side that it does not really work. Here there is fifties music, in the shape of Crazy Little Thing Called Love, disco/rap influenced music in the shape of Another One Bites The Dust, and more typical grandiose fully arranged, produced and orchestrated Queen music in the shape of Play The Game and Save Me. However 7Queen is The Kinks not afraid to grow and change One For The Road to meet changing tastes, but, once again, the parts are much The Kinks are now receiving better than the whole. Queen a lot of long deserved acclaim. has not yet learned how to After all, they have been make an album that works as a together for fifteen years now whole. and turning out some of the more intelligently written rock Diana Ross y for most of that period. On Diana Low Budget and Misfits, their By all rights, this album most recent studio albums, the Kjnks showcased their fine- should not have worked. It is tuned ability to rock and disco music written and prolaugh, to examine and dissect, duced by a group past its to be original and popular prime. Nevertheless, Chic has simultaneously. However One given Ross better material than For The Road fails. While it they have ever given covers some of their early hits themselves and Ross responds and a fair portion of their by giving her most involved, history, the album leaves put spirited, heartf il led, sincere far too many of their classics performance in years. What and concentrates top heavily she did on the song The Boss on Low Budget. Six songs from epitomizes this whole album. Low Budget are included (more She pushes her abilities to new thanhalf of that album) and all peaks, and enjoys dqing so. of this album's third side is so More importantly, she doesn't let herself get smothered by derived. If this were a complete concert this might be the members of Chic. Ross understandable, but this is a shines through on each and every cut and turns out the patchwork live album, recorded in seven different cities. finest albumof her solo career. — — September 18,1980 Opinion 7 �BAR/BRI •EARLY- ENROLUvIEMT- DISCOUNT- I y°u register early for BAR/BRl's 1981 II Wnen New York, New Jersey, Massachusetts ■ A ■ I ■ M v I or Pennsylvania bar review. I You get your materials—NOW I Your "early bird" lectures-NOW I And the nation's largest and most successful bar review course and you save $100 off the current course price. day to save the your Ends: October AmW ■ ■ mmm (bmibn^ mMmf^m^mmW^ , 401 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 ,—. 1214 One East Perm Square Building Philadelphia, Pennsylvania 19107 215/563-4988 -r- Student Representatives: Doric H. Benesh Therese Rahill ReneeLapides Francine Bruno Warren ■ ~..'loan -I I II I ■ 29 Commonwealth Avenue Boston, Massachusetts 02116 617/261-2430 until November 20,1980; thereafter 617/437-1171 ; Carl* Gersten Leslie Wolife Michael Chakansky Rosemary Gallick Erik Lindane* •■-. Marlin Israelson , Paul Winston Ellis Jay Patricia Jayne . Lew Rose « ' Si"** J?*^"' „ f" D , V „.L^, , 82ZWL hri,topl r R ed .. * ? l Mark Suzumoto � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. 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The legal method program is a faculty endeavor to provide special assistancae for candidates who are qualified for the professional program, but who may benefit from special attention during their first year. The program is made available to applicants who have suffered the effects of physical handicaps, racial guy van baalen discrimination, or other imRabbi Heschel Greenberg (center) was the principal speaker at a seminar held on Tuesday, April 15 entitled pediments to academic perfor'Rabbis and Judges.' Greenberg described the multifaceted role a rabbi plays in the decision-making promance prior to entering law cesses of Jewish law. Judge Matthew Jasen (left) and Professor Jacob Hymen (right) commented on adschool. judication and arbitration, respectively, in the Anglo-American system. The lecture, moderated by Jennifer Students in the program Breger, was well attended by students, faculty, attorneys, jurists and clergymen. take contracts, civil procedure and torts, but forego the firstsemester criminal law course. Students are required to attend corporate and securities areas. Award by the Conzaga Student an additional hour of supby Laurie Ogden plemental classroom instrucHer academic qualifications Bar Association in 1979. This fall the law school will also include a Masters in Crandall worked for three tion with each of their three be welcoming two new faculty Education from the University years at Milwaukee Legal Ser- professors and meet regularly members, Elisabeth Mensch of Hartford and a Masters in vices in the law reform unit with teaching assistants. Three factors have been and Barbara Blumenthal, and History from the Universityof which dealt with consumer as possible causes of the cited one new visiting professor, Connecticut. for credit litigation and the program's problems. Thomas Crandall. She has taught deprived and Pennsylvania Legal Services In 1979, 12 students parElisabeth Mensch graduated ethnic minority students at the Center as the Director of its from UB law school, Magna Hartford public high school. Legal Assistance Division. He ticipated in the legal methods program; this year more than Cum Laude in February 1979. After law school, Blumenthal on page eight 30 students were enrolled, accont'd. While here she also taught a worked as an associate in a supplementary section in con- large firm in New York City tracts as a student instructor where she specialized in confor the minority program. In tested corporate takeovers. addition, she received an She is experienced in antitrust L.L.M. from Harvard in 1979, counseling and she has specializing in the areas of assisted in the preparation of legal history and the history of antitrust articles for a monthly legal ideas. column in the New York Law transcript information also apby Mike Rosenthal Morton J. Horowitz, one of Journal. pears on the LSDAS report and Marc Ganz her Harvard professors, Blumenthal will be teaching distributed by ETS, so decidescribed her academic record antitrust in the fall and Law schools throughout the sions affecting the current as "just about the best of any possibly corporations or country have not received pool of applicants cannot be graduate student in the ten regulated industries next spr- LSAT scores for their- apmade according to the usual years I have been teaching at ing. plicants and are facing a major timetable. Harvard Law School." Thomas Crandall, who will delay in their admissions Associate Dean William For the past year Mensch be visiting for the fall semester schedule. Creiner claims "the bulk of the has been teaching contracts at only, is scheduled to teach Recently, Educational applications will be processed the University of Miami where sales and secured transactions. Testing Service (ETS), the cor- by May 1 instead of April 1." she has received verygood Crandall is currently a full proporation responsible for the The delay will also result in the reports on her teaching ability. fessor at Gonzaga University processing of the estimated postponement of the deposit Her teaching experience in- School of Law in Spokane, 72,000 law school applications deadline by one month. Pat Dooley, student member cludes three years as a high Washington. He has taught this year, installed a new comschool English teacher. courses on Articles 11, 111, IV, puter. This installation pro- of the admissions committee, Mensch will be teaching and IX of the UCC as well as ceeded slower than was ex- believes "in reality the law contracts here in the fall and it contracts, consumer credit, pected and resulted in a delay school is affected more severely by this situation than are the is anticipated she will offer a consumer protection and in the processing of applicaseminar in legal history for the legislation and administrative tions. This delay is affecting applicants." Dooley said the law school spring semester. only LSAT scores and not any process. Barbara Blumenthal Student evaluations of his of the other examinations ad- had developed plans with which they hoped to convince graduated from the University courses have been among the ministered by ETS. \ LSAT scores are crucial in the applicants who were gainof Denver College of Law in highest and he received the 1977 where she excelled in the Most Distinguished Teacher law school admissions, and ing automatic acceptance that — New Faculty Join UB Law School cording to Associate Dean William Greiner. In addition, this year the legal research and writing program was expanded into a two semester course. Previously, it was taught only during the second semester. Finally, in an effort to expand the special admissions program here, some students were admitted who may not have been prepared for the demands of a professional program, according to Associate Dean Barry Boyer. Commenting on the size of last semester's program Greiner said there may have been a "mistake in admissions" in admitting more students than the program could feasibly accomodate. Boyer also emphasized the need for low faculty/student ratios in special assistance programs designed for individual attention. Dana Cowan, president of Black American Law Student Association, said, "The program should be designed to deal with the greater number of students admitted last semester." lonathan Rodwin, a teaching assistant in the legal methods program last semester, said, "We have a duty, as the only state supported law school in New York State, cont'd. on page eight Problems In Processing LSATs Impede Law School Acceptances UB was not just one of the other schools they were applying to but was, instead, something very special. However, because of the delay, Dooley finds himself and his fellow committee members forced to give a thorough consideration of the applicant pool in a very compressed period of time. Only 150 of the 1,800 applications received are still missing the LSDAS forms. This figure of total applicants is up from last year's total of 1,400. The intention of the admissions committee however is to reduce the size of the incoming class from the 1979 level of 300 to the 1978 first year class size of 250. This will make the selection process more comcont'd. on page eight �Vol. 20 No. 12 r* • • Opinion April 24,1980 Editor-in-Chief Edward M. Sinker Managing Editor Bob Siegel News Editor: Feature Editor: Feature Editor: Photo Editor: Marc Canz Ralph W. Peters Michael Rosenthal Guy Van Baalen Business Manager: Amy Jo Fricano Staff: Alan Beckoff, Doric Benesh, Randi Chavis, Carol Gardner, Jeremy Nowak, Joe Peperone, Ricky Samuel, Mike Shapiro, Karen Spencer, Ted Tobias. Contributors: Mike Buskus, Rocky D'Aluisio, Pat Dooley, Mary Fahey, Elaine Herald, Laurie Ogden, Mark Pederson, Michael Wiseman. © Copyright 1980, Opinion, SBA. Anyrepublication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYABAmherst Campus, Buffalo, NY. 14260. The views expressed in this paper are not necessarily those of the EdMorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Insensitivity Not Excusable Evidenced by an unprecedented number of low grades, this year's legal method program has had its problems. Administrators cite three factors accounting for such poor grades: (1) too many applicants were accepted into the program, (2) admissions may have dipped too low into the applicant pool in search of students, and (3) research and writing, running simultaneously with the special program, has overburdened students with much writing. No one knows for certain how each, if any, of these factors affected student performance. However, one thing is certain: the administration could have handled the situation more effectively. A UB report tracing ten years of the law school's affirmative action program concludes that individualized attention to disadvantaged students is essential to the success of such a program. The faculty should have provided more teaching assistants in order to provide a more effective and truly individualized legal methods program. The administration is unjustified in dismissing its responsibilities by passing the buck and blaming poor performance on the lack of qualifications of the applicant. Primary fault, absent more conclusive evidence, must lie with the special program itself. The problem of legal methods running simultaneously with research and writing, needless to say, was clearly avoidable. Unfortunately, the administration lacked sufficient foresight to anticipate the overburdening of these disadvantaged students. Greater sensitivity to the special problems and needs of these students may be in order. Administrators should recognize that, as the only state law school in New York, UB has a special duty to set an example for other educational institutions. All evidence indicates that ÜB's special legal methods program, thanks to past faculty cooperation, has worked weH in earlier years. If legal methods is to have a future at ÜB, the special program must be effective. Faculty and students must be acutely sensitive to the needs and burdens of its disadvantaged students. We owe them nothing less. • An Open Letter To A Law School Results of Opinion's senior survey were to appear in this place. Those surveys were, however, stolen from under our noses. Someone apparently had decided to assert his or her "better judgment" over the discretion of participating seniors and this editorial selfboard. ' Such righteousness is appalling. expression. We offer a great deal to each one of you, and ask little in return; only that you take advantage of us. The new Opinion staff is dedicated to encouraging full participation of the entire law school community. Our doors are wide open to your thoughts, interests, and goals. We ask only that you share them with us. We look forward to the 1980-81 academic year with great hopes and expectations. We hope you will find the new Opinion one of the best ever. We want so very much to be a good, effective and involved newspaper, but we need your help. Don't let a resource go to waste. To be apathetic and uninvolved is to have no Opinion. On behalf of the editorial board and staff of Opinion, we wish you all a pleasant summer. 2 Opinion April 24,1980 whom we reasonably thought would not be offended. Perhaps some of us, likeour "survey thief," take ourselves too seriously. Perhaps a sense of humor is healthy to even the most serious professional. One thing is certain: there is nothing funny about a law student who is to begin his legal career as a thief! To The Editor: Enforceability Of Prohibition Doubted To the Editor: the individual first year com- It's always sad to see the passing of an era, especially one we've all been intimately involved with since the midsixties. Berkeley was the birth of the student movement. Berkeley was more than a campus. It was a symbol. It represented a time when students first realized that they had the power and moral right to control their academic lives. We left administration to administrative matters and faculty to faculty matters but if either interfered" with student concerns then the memory of Berkeley inspired' us to assert our right to govern our own affairs. Over the past few weeks we at the law school have forgotten Berkeley. The faculty, in Its august and paternalistic way, decided that first year students best not compete in the Desmond Moot Court competition. There may be some merit to the faculty position but we students, whose extracurricular activity is being curtailed, felt that this type of decision should best be left up to petitor. Yet we.swallowed the faculty decision, lock, stock and barrel without even giving it a second thought. What can our faculty do to a recalcitrant first year competitor who dares to defy their dictates? Perhaps they will expel him for overachievement. Perhaps, they'll deny suc- cessful first year competitors Moot Court credit. However, does a competitor compete for the credit or for the thrill of argument? How effective a penalty will credit denial to first year competitors be if, as the faculty presently plans.credit will be denied to all students who work on Moot Court, BLP, or Law Review. Finally, even if credit is the sole inducement to compete and should credit still be available to Moot Court members next year, certainly some method can be worked out whereby a successful first year competitor can be guaranteed placement on the faculty can do to enforce their decision. The saddest, part of this whole episode is that we students bound ourselves to their recommendation without even thinking whether we had to. In one fell swoop we submitted ourselves to the paternalism of our faculty and forgot the lessons we've learned from the student movement during the past decade or so. We've buried the memory of Berkeley and singlehandedly threw student self-government back into the fifties. Certain decisions are legitimately within the realm of our faculty to render but certain others should only be made by the students whose affairs stand to be affected. Of course, if we wish to submit our whole manner of conduct to faculty approval then I'm sure the faculty will be more than glad to regulate every aspect of student life. If the Moot Court affair is a fair example of our acquiescence to faculty whim then Berkeley just might as well never have , Board during his second and happened. third year of school. In short, there is nothing the Doug Wasser President's Corner Law School's Future To Be Determined Your Opinion Has Value You see before you a resource yet to be tapped by many;-a resource that can be whatever /ou want it to be. Why not take advantage of it? It belongs to you. It's Opinion and it's your law school newspaper. For those who think no one ever listens, we offer a chance to be heard. For those who feel no one really cares, we encourage Opinion received many diverse.comments as to the appropriateness of such a survey and each remark was seriously taken into consideration. What many had considered simply "good, clean fun," others branded "libelous" and "malicious." Recognizing the spectrum of human sensitivity, Opinion decided to publish the names of only those persons Thief by melanie pierson This last issue of Opinion is my last chance to address you I want to all from on high first congratulate all the third year students on getting through school. A lot of good energy is leaving O'Brian this May. Things will be quieter around here without the likes of Lew Steele, Tony Leavy, Sherman Kerner, Ted Donovan and Carol Gardner. Good luck and may all your Christmases be white! (in remembrance of ... Buffalo.) The law school is reaching a real turning point now. There are proposals before the faculty (the details to be worked out over the summer when little student input is available) to: (1) not grant credit for student run organizations, (2) not offer New York Practice next year, (3) revise the clinic program to be more academic (classroom) oriented, moving away from its public interest focus, and (4) revise the first year curriculum to allow no electives the first year but to instead keep the sections together for a full year and have three different programs (A traditional, like this year; B second semester would include Criminal and Civil Procedure; C includes a course by Schlegel in judging and a labor related course by Atleson). These proposals all mean a more structured environment, with less choice —— — left to the student. We may be witnessing the fall of the "Buffalo Model." The "Buffalo Model" is the name given to the system of administration where students, faculty and administrators participated in policy-making together, where the school was committed to work in the public interest attracting women and minorities. Faculty commitment was high and the student body was active both within and without the law school. For all- practical purposes, the "Buffalo Model" may no longer exist... the end of an era? Aside from the decline (and fall?) of the Buffalo Model, the other news is that the new SBA budget for next fall will be finalized by press time. We allocated approximately $35,000, which is more than we receive in student fees, the difference coming out of the budget surplus. The surplus is estimated to be around $20,000 (although this figure is in dispute) and it increased again this year because all the money allocated was not spent. We also established a short term Emergency Loan Program out of part of the surplus to help when student loans don't come in on time. Well, that's everything I can think of that you should know. Until next fa 11... have a good summer. �Credit Questioned; Faculty Vote Due by Mike Rosenthal The proposal favoring withdrawal of academic credit from student run organizations will be considered by the faculty on May 2. Many students and faculty are expected to present recommendations at that date. Before leaving on sabbatical this winter, Professor James Atleson submitted a memorandum to the Academic Standards and Standing Committee (ASSC) which in part stated his dissatisfaction withthe current policy of allowing students in Law Review, Moot Court Board, Buffalo Legislation Project, and Buffalo Consumer Mediation Project to receive academic credit for their participation. are resolved and maintenance of the status quo with a re- quirement that each student run organization accept fur- ther faculty supervision. The ASSC will not be the only faculty-student committee submitting its recommendations to the faculty. Due to complaints from several members of the Academic Policy and Program Committee (APPC) that the subject matter was within its, and not ASSC's, jurisdiction, the ASSC has tacitly allowed concurrent review of the no credit situation by the APPC. The APPC has not made any proposals or recommendations. However, student member Lew Steele claimed the committee intends to review the three option proposal and.use it as its starting point of review. Steele said he believes the APPC will be able, to issue one definite proposal unlike the non-committal ASSC proposal. Despite the presence of student members on both the APPC and the ASSC, Doug Johnston, a student member of the ASSC, said there was a need for further student participation on this matter and fought to get an ad-hoc student committee assembled. The purpose of this committee is seen in a very different The ASSC, with only one student member present, voted to recommend to the faculty that in the future no academic credit should be awarded to these organizations. The avowed reasoning for this included a lack of clear standards for the award of credits, the lack of true faculty supervision over the organizations, and a feeling that academic credit should not be needed to encourage students to participate in these organizations. .-The outcry resulting from this meeting resulted in submissions to the ASSC by the Moot Court Board, Law Review light by Johnston and Steele. and Professor John Schlegel. Johnston said this committee These proposals have since would profit from having fresh been reviewed by the current minds who had not been sitting ASSC. Student members have on either the ASSC or the been changed due to the re- APPC. Steele, however, said cent Student Bar Association the purpose of the committee elections. ASSC has completed is to meld together the proa proposal which in effect has posals of the two facultymade no clear-cut recommen- student committees. Steele is a dation. Instead, three indepen- member of the ad hoc commitdent recommendations have tee. Other members of this been proposed to the faculty. committee are Matthew The three recommendations Modica, Bill Hughes, Dale are: a complete removal of Margulis and Frank Colosi. credit for student run organiza- This committee will be submittions, a temporary removal of ting a proposal before the credit until current problems faculty. , . . Finucane First In Spring Run by Rocky D'Aluisio . If you were delighted to learn that 92.4 per cent of the class of 1979 who passed the bar and wanted law jobs got them, you'll be even more pleasantly surprised to discover the class of 1980 is already slightly ahead of the class of 79 -in the number employed at this time last year. The placement office recently ran a job survey on the senior class. 102 of the 256 seniors replied, and informa- Alan S. Carrel ; .. tion was supplemented by inperson reports. So far, 56 members of the class of 1980 have full-time employment for next fall. 54 are unemployed but are looking for jobs. Quite a few in this category have received offers, but either have declined or not yet made a commitment. Seven members of the class reported that they are not looking for employment at this time. ' 139 seniors are unaccounted for in the survey, mostly due to non-response. Placement estimates a significant number in this group have obtained employment, but chose not to report them. The placement office conducts a second job survey among seniors at. the end of spring semester classes. The second survey is used after graduation as a basis for future statistics and as a mailing list for the Employment Newslet- ter and the Alumni Directory. the course to direct the run- ners. Cooperation by campus First year student, Leo police enabled the runners to Finucane, led a strong field of cover the course without being law school personnel to win hampered by campus traffic. the first annual UB law school Finucane, a 1984 Olympic spring run. The run was held hopeful, is competing in this Friday, April 11 and covered year's Perm. Relays with the two and a third miles around Rochester Track Club. He the Amherst Campus, starting covered the course in 11 and finishing in front of minutes and 57 seconds. He O'Brian Hall. was followed by a strongeffftrt The event was enjoyable for by Professor Gerald Seipp at the runners and spectators due 12:33. Other top finishers were partly to the sunny spring Ward Oliver (13:4?), Dave weather, but primarily to the Seeger (13:55), Paul Campano keg of beer provided by the (14:05), Glen Pincus (14:07) and SBA. The race was made possiMike Doran (14:53). Pincus was ble with the help of volunteer almost late for the start law students stationed about because he was involved in a pre-race debate as to whether first year students should be allowed to compete. A total of approximately 40 runners entered the event, and all deserve congratulations for their efforts. Even runners who ran just for fun completed the run in respectable times of just over 20 minutes. The event had been billed as a race between the faculty and students. Due partly to the scheduling of a faculty meeting, however, faculty participation was limited. Due to lack of faculty participation, no academic credit was given for the event. Law Review Introduces Write-On Next fall, the class of 1982 them in developing their arto particles throughout the program. ticipate in a hew write-on proStudents who are interested gram for acceptance to the in joining the program are adBuffalo Law Review. The pro- vised to look for a topic for gram will create opportunities their article during the sumto work on an article for mer. Topic proposals must be publication in Law Review and received by the write-on become a member without editors before Sept. 15, 1980. regard to grades. Juniors participating will then Any member of the class can outline their articles and subparticipate in the program. mit two drafts. Membership on There will be two editors Law Review will be offered to available to give all par- those participants who, by ticipants full editorial their second draft, have proassistance. They will help canduced an article which has didates get started, and assist potential for publication. The membership positions from the write-on program are The program runs Students who do not respond limited. from September through to the second survey become permanent "unknowns" and will receive no mailings. Audrey Kosceilniak said the preliminary survey is "a very good sign" in a shrinking, inby Elaine Herald creasingly competitive market. Many surveys in previous years Selections to Buffalo Law usually indicated the number Review is based on first year of unemployed seniors to be grades and a writing competislightly larger than the number tion. First year students employed, rather ' than the wishing to participate in the reverse which occurred this competition may pick up a case citation in Room 605 any year. The placement office would time after their last examinalike to advise the class of 1981 tion. The last opportunity to that fall recruitment begins pick up the writing competiSeptember 16, and firms are tion is May 17 at 5 p.m. Comnow arranging for on-campus petition participants have a 10 interviewing. Kosceilniak urges day period to complete a everyone to return to school modified casenote. Notice of next fall with completed the results of the selection proresumes. cess will be mailed to students Next fall, second year in early August. students who plan to interview Reponsibilities of a Law with large firms for summer Review associate include 1981 positions should also be writing an article for publicaaware the process begins very tion and assisting in all aspects early in the semester. of the publication process. will be encouraged New Placement Figures Are Optimistic by Amy Jo Fricano — r.w. peters Running away from Law School? Actually, it was the Law School's first spring run on April 11 and was a smashing success with all the anxiety-ridden students and professors of cheering O'Brian Hall. November 1980. It will take a considerable amount of time and effort on the part of the participant to complete their articles. Therefore, Law Review encourages juniors to enter the competition this spring. This spring's competitors may still • join the write-on progTam in the fall. Law Review is offering this new program because it wants to encourage more student ar- _ ticles and participation from the student body. One way to accomplish this goal is to offer a program where juniors can write articles with full editorial assistance and obtain membership regardless of their prior academic status. Competition To Begin * There will be an orientation program to acquaint new associates with Law Review beginning in mid-August. All new members will be required to be back for this program. Because the writing of an article is an associate's most important responsibility. Law Review encourages everyone interested in becoming an associate to consider possible article topics during the summer. All participants are reminded that the competition is an evaluation of individual effort and all research should be kept confidential. To assure all participants a fair opportunity for membership, Law Review strongly requests courtesy in the use of library facilities. April Vi W <>&*? 3 �Student Life Panel Discusses Reality by Mark Pederspn While most people were outside enjoying the warm weather on Friday, April 18, a small number decided to attend the Student Life Committee's panel discussion entitled "From Education to Practice," moderated by Dean Headrick. Panel members included Professor Robert Berger, Professor Barry Boyer, Associate Dean Alan Carrel and Irving Fudeman, a local litigation attorney. Carrel began by discussing the relatively recent changes that have taken place in the legal employment field. As a 1967 graduate of this law school, he stated that 75 of the 80 members in his graduating class went "Tnto private practice in Buffalo. Now there are many more options available to graduating students, including government work, labor organizations, accounting firms and careers in management, he said. Thomas Headrick Fudeman, also a UB graduate, focused on how "trial" work has become "litigation" and how law schools are preparing students to deal with change. He said that cases have become more complex and much more pre: trial work is involved. He said he felt this stemmed from Berger ejpohasized the ffnportance of realizing your first job is not necessarily your last and that it is possible to change jobs in the legal field. Boyer discussed the importance of research and writing skills. He also stressed the importance of developing background knowledge in fields related to one's area of interest. He related this observation to his own work in economic regulation. Both Berger and Boyer agreed that telephone skills and asking questions of colleagues were extremely important in solving, legal problems. guy van baalen Questions from the students included requests for informaNewly elected officers of the Moot Court Board are (I. to r.) Ruth Pollack, secretary/treasurer; Pat Ja?ne, tion on setting up a private Director'and Paul Ricotta, Ass't. Director. practice and a discussion on The Board will direct the Desmond competition as well as directing the nine UB law school teams in national the need for a progressive competition. clinical program at a law school. With regard to specialization in taking law school courses, the panel suggested taking a middle of the road approach. Boyer suggested developing a minor area of specialization along with a major concentration of had to look for a place to live. they know will be available in by Pat Dooley courses. With regard to obtainMost of you found housing and the fall. Otherwise, the proing further degrees, Headrick roommates in the first few gram will have a lot of people how frightening gebe a Remember warned there must days here. It could have been a looking for roommates, and no nuine interest in and purpose your first few days of law law housing hints. for obtaining additional educaschool were? After four, five tough experience, starting for a searching While we realize most school and tion.Alan Carrel said it can be (or even six), years of easy graduating seniors don't have "overdone," but additional undergrad life, after years house all at the same time. In order to make the law subletting problems and the degrees are often helpful in the before that of home-cooked transition easier, the program won't benefit them school come to suddenly you meals, job market. Fudeman stressed initiating a housing directly, the law school as a SBA is the importance of continuing Buffalo. Wily Buffalo. plan for freshmen. whole serves to gain by easing assistance Your and in parents Queens legal education. involves collecprogram The the first year transition. The The Student Life Committee, Williamsville had told you ting information from incommedical school has done this Snow, blizzards, Allan it. headed by Canfield is in about to ing housing as their and has developed a students its second year. Committee potholes, people with loose inforregenerative leasing system and desires. This plans had to you now, And members are hopeful that morals. is collected on a whereby the nicer housing is future programs will attract live here three years. Some of mation sent to the in- continually kept in medical more interest and believe that you just put a sleeping bag in master list and terested They con- student hands. freshmen. the committee's work will be the 4th floor carrels and ate tact as to each other available If you have housing you rest you a lot. But the of much more evident next year. out housing and/or roommates. plan to vacate, drop off the inTo make the program more formation regarding the house effective, the SBA would like or apartment to "SBA HOUSthird year students to give the ING" in either Box 78 or the time, each student will be rethey will observe our rules SBA information on housing SBA office. Thanks quired to acknowledge, in regarding academic honesty so writing, that he or she has read long as they are made aware of the policy statement and the rules. agrees to abide by it. (Execu2. The faculty believes that tion of this acknowledgement candidates for the legal profesThe Carlos C. Alden Chapter chats" with professors and adshall be a pre-condition to tak- sion should be expected to the semester have and develop their own of Phi Alpha Delta Law Fratering ministrators, expanded use of examinations.) ethical commitments to in- nity, International (PAD) today the guest speaker program, a The resolutions were recomtellectual honesty and profesannounced its officers for the law student directory, and mended by the Academic Stan- sional responsibility. In our 1980-81 school year: Ron PAD-sponsored intramural dards and Standing Commitview, that expectation will be Winter Justice; Tanya teams. tee. furthered by leaving it to each Harvey Vice-Justice; Mary PAD would like to remind The resolutions are effective student to take individual M. Walterich Clerk; Stuart everyone that the book sale immediately. Spring, 1980 ex- responsibility for his or her Ball Treasurer; and Jean will be held, as always, during aminations will be conducted own conduct on examinations. Maess Marshal. These new the first week of classes next accordingly. Each student will 3. The faculty expects that officers will be formally inyour receive a copy of the faculty under these conditions, ducted into their respective semester. Please bring in books orientation so during statement policy regarding students will take an individual positions at the next initiation academic honesty. A form con- and collective responsibility to ceremony tentatively schedul- that we may have a supply of taining the affirmation reed for Tuesday, April 29,1980. books ready to sell the first see to it that the rules regarday, thereby increasing your quired by paragraph 3 of. the ding academic honesty will be The fraternity is hoping to chance of selling your books. April 4thresolution will also be observed by their peers. We expand its programming next provided. Each student will be have not asked students to year beyond its present capaci- Third-year students are especially encouraged to bring make express commitments ty. Currently, PAD runs a stu- books required to execute the affirin or to leave them with mation form, and file it with that they will report violations dent booksale and bloodan to do so for underclassman the Registrar before the start to the faculty or its officers. mobile each semester and you. third-year Books for oAhe examination period. We believe that to be unsponsors guest speakers from courses proven, have in the This change in examination necessary, since we expect PAD Alumni throughout the past, to be scarce items. policy and procedure is based that students will aid in the en- year. In the planning stages are on several grounds: forcement of the rules as a a student internship program PAD would like to wish 1. The faculty has faith in matter of moral obligation with area attorneys, a series of everyone a wonderful summer, the maturity and honesty of arising out of the trust we orientation lectures for new and we hope you will look for students, weekly "fireside us in the fall. our students, and believes that place in them. — SBA Initiates Housing Assistance Program For Incoming Freshmen New Exam Procedures Adopted At its meeting on April 4, 1980, the faculty adopted the following resolutions: 1. The Registrar shall discontinue the practice of proctoring the so-called "sit-down" or classroom final examinations in courses. 2. The Registrar shall arrange for one or more staff members or student assistants to be available at suitable locations in O'Brian Hall during regularly scheduled examinations to provide assistance to students who become ill or indisposed during examinations, or to alert the Registrar or appropriate "faculty members to problems regarding the administration of examinations. Such staff members or student assistants will not be appointed to aid in the enforcement of faculty policy regarding academic honesty. 3. Each semester, immediately prior to the start of examinations, the Registrar shall publish and distribute to each student a copy of the policy statement regarding academic honesty. At that Opinion 4 April 24,1980 PAD Elects New Staff — — — — �Lawyers Guild Links Law, Politics by Michael Wiseman Ed As an active member of the National Lawyers Guild, I am often asked by interested law students, "What does the Guild do?"For those attending the Guild's Spring Regional Conference, the purpose and value of the Lawyefs Guild was made clear. Through political action, discussion, community and self-education, the Lawyers Guild offers political analysis to people in the legal field. This analysis seeks to link issues of legal concern with more general political and economic trends in this country and internationally. To facilitate political action, education and discussion, the Guild makes use of Regional meetings. On the weekend of April 11, the Guild's Mid-East — Region comprising Western New York, Michigan and Ohio met in Buffalo. In addition to concerning itself with internal Guild matters, the Regional also addressed six issues of general political concern. These issues were dealt with in workshops, entitled: Opposing Facism in America; Sterilization Abuse; Toxic Substances; The Draft and Increased Militarism; Rural Legal Services; and Affirmative Action in Law School. While the Regional did not present a general theme, it was apparent that the workshops' sought to forge the link between politics and the law. Thei present status of America in the world is reflected in various issues that concern the legal community. Increased I militarism and the possibility to the international pressures resulting from a foreign policy which reflects corporate needs. Economic turmoil causes, or justifies, cutbacks in Affirmative Action Programs. Neo-Facist groups strengthen themselves by feeding on peoples' economic and racial fears. These issues are examples of areas which can be affected by legal people. The legal field's impact on such issues is traceable to the role of the lawyer in our society. This role is one which allows lawyers to act as maintainers, or alterers, of oursociety. The Lawyers Guild generally, and particularly during Regional meetings, seeks to offer a fresh political perspective on such issues, further, the Guild attempts to show how law students and attorneys can use their skills to help shape the political and economic destiny of this country. Those attending the Regional were — mike buskus Intellectual stimulus. For the Shakespeare enthusiast, plays by Sir William are performed each summer by the UB Dept. of Theatre in conjunction with the Center for Theatre Research. * Relaxation Cures Bar Blues by Mike Buskus No, this is not another ad for a bar review course! Studying for the bar is no picnic. Seriously, though, Anyway, I'm not going to tell you how traumatic, unpleasant, and boring it is to study for the bar exam. My point is simply this: don't overgiven some definite ideas you've probably heard enough do it. Keep some perspective about how they could become of that from the bar review and detach yourself from the involved in this process. salespeople. daily grind of bar review books and 'endless videotapes. Choose your own medicine. jogging, tenWhatever it is nis, bicycling, .dancing, card you owe it to playing yourself and your sanity to take an occasional break from Sleuth, a clever thriller himself somewhat of a "games the routine. which had a three year run on player." His quarry in this inI found it was quite relaxing Broadway, came to Buffalo stance was Milo Tindie (Joris to take a long bicycle ride last Saturday night. The play, Stuyck), seducer of the after dinner. Usually, I rode written by Anthdny Shaffer, author's wife, and more titan a ten or fifteen miles, sometimes was performed before a packmatch for Wyke's machinamore. ed house at the Katharine Cor- tions. Another must (repeat, must!) nell Theater, in the Ellicott The action moved along is Shakespeare in the Park. Complex. Each summer, for the last four, The play, which involves briskly, and neither player the Department of Theatre at lines. Direcof a renewed draft can be trac- numerous plot twists and other stumbled over his ÜB, in conjunction with the surprises, was very ably acted tion and lighting of the play Center for Theatre Research, by two accomplished thes- was well handled, though I has staged two complete pians. would have preferred the Shakespeare theatre producWilliam Hanauer was lighting to have been a bit tions outside in Delaware Park brilliant in the role of Andrew softer. The set was properly Edbehind the Casino. Wyke, an impotent writer of wardian, and the audience proThe first half of last year's detective fiction. He fancies perly appreciative. program, Comedy of Errors, directed by Saul Elkin, ran nightly, except Mondays, from THIS IS IT!!! July 10 until July 24. The curtain rose (i.e., the sun set) more End of the year SBA law school or less at 8 nightly. on Seating was spacious party at Kissing Bridge Ski the lawn. Blankets and pillows Lodge (Take Thruway Exit 55 to are recommended. If you think you'll be hungry or thirsty, brRt. 219 to Rt. 240S into Glening your own, since there is no — .', . 'Sleuth' Successfully Performed At Ellicott — — — Mal. k a summer job: 800-3311000 Work as a Manpower temporary. Flexible schedules. Good pay. Assignments available in your college town or hometown. Please call, toll free. ©MANPOWER' TEMPOBABY 3E(MC£S wood) concession stand. I caught Comedy of Errors on closing night, Sunday July 24, two days before the bar exam. It was a great diversion from the rule against perpetuities, coinsurance clauses, secured creditors and the exclusionary rule. Anyway, when almost everyone's blood pressure and nervous tension is at its peak (just before the bar exam), is a fine time to relax. Really! You've already worked six or seven straight weeks, so a night off is both therapeutic and well-deserved. Back to Shakespeare Last year, as from its inception, there was no admission charge. But, escalating costs could change that this year. After IT (the bar exam) is all over, relax, unwind, sleep, but before you leave Buffalo, NOT PASS GO, Go straight to Delaware Park for the second event in the summer of Shakespeare in the Park. Last year it was Much Ado About Nothing, which ran nightly, except Mondays, from July 31 until August 12. The acting and directing was first rate, the band was enthusiastic, the audience was fine and everyone had a good time. Be sure you, too, take time out from studying for the bar to see Shakespeare in the Park. Anyway, enjoy! And, yes, you too will pass the New York Bar . (the first time). SUNDAY, APRIL 27 2:00 p.m. Beer, wine, munchies, dancing, Body Contact Is Healthy buffet dinner, etc. ALL invited: faculty, first, second, and third year law students. Transportation available from law school Sign up oh list in mailroom HUG ME?? Social scientist Virginia Satir of Palo Alto, Calif, believes that massive quantities of hugging and other bodily contact leads to human growth in body and soul. Addressing the American Oγthopsychiatric Association in she said. Toronto, Satir stated four hugs In a related development, are necessary for survival, participants at a National eight would be good for Organization of Women sponmaintenance and 12 ideal for sored conference on Long growth. She added, "our pores Island advocated extramarital are places for messages of sex as good for "growth in the 1980s." love." — TALK IT UP!!! .. by Marc Ganz Satir is a pioneer in family therapeutics, which measures chemical responses to bodily stimuli. She has done consultation work for the United States Army and several universities. She is disappointed with the Americans'she observes. "Most touching done in this country is done on the football field," April 24, 1960 Opinion 5 �Last Will And Testament Baubles Bequeathed In Last Gratuitous Transfer We, the Class of 1980, of SUNY at Buffalo, School of Law, Hall of John Lord O'Brian, do hereby make, publish and declare this to be our Last Will and Testament, as follows: We give and bequeath the following tangible and intangible personal property to the faculty, staff, administration and remaining students in the following manner: FIRST: Rich Abbott, the tennis star, leaves his balls. SECOND: Wayne Lopkin leaves his combination editing pen-cattle prod. THIRD: Claire Fay leaves us all breathing heavily. FOURTH: Randi Chavis I wyes her Opinion. Y//TH: Bill Higgins and Fran Turner both leave their jock straps. SIXTH: Sabino Gerard Citera leaves his real first name. SEVENTH: Charlie Ben leaves a little taller. EIGHTH: Paul Buergher leaves us with the task of figuring out who the hell he was. NINTH: Debbie Norman leaves her car to someone who's willing to tow the thing away. TENTH: Eric Bloom leaves THIRTEENTH: Marty Schank leaves the clouds he's been in. FOURTEENTH: John Whiting leaves his Key West contacts. Steve FIFTEENTH: Schurkman leaves a tough act to follow. SIXTEENTH: Jeff Allen leaves his legal levity. SEVENTEENTH: Phil Myers leaves his 4-on-the-floor, dualoverhead cam, fuel injected mind. EIGHTEENTH: Kurt Seidman leaves his punk rock collection. NINETEENTH: Ken Turek Leaves us glad that he came. Lorenzo TWENTIETH: McCrier and Jerry Randle ._*rif Cioia leaves, but plans to be Curvin leaves his Flounder imleave identities. TWENTY-FIRST: Pepi Freedback for intramural football in itation and his air sickness bag. the fall. THIRTY-FIFTH: Bob Laßussa man leaves a pack of cigarettes and a cup of coffee. TWENTY-NINTH: Mike leaves dribbling. TWENTY-SECOND: Jim Shapiro leaves his camera to THIRTY-SIXTH: Mike Mohun Anliot leaves us wondering someone who knows how to leaves his motorcycle jacket and his Bruce Springsteen when the flood's coming. focus? TWENTY-THIRD: Cathy THIRTIETH: Jeff Katz leaves look-alike trophy. Kaman and Gus Ryan leave his love for the law and his THIRTY-SEVENTH: Dave without ever having been here. Hustler collection. Karel leaves us wondering. TWENTY-FOURTH: Barry THIRTY-FIRST: Karen THIRTY-EIGHTH: Marty Jones leaves his caveman strut. D'Agostino and Mary Jo Dowd Violante leaves an offer you TWENTY-FIFTH: Rob Dunn leave the difficulty of finding better not refuse. leaves this advice: "I'm sober two nicer people. THIRTY-NINTH: Jeff THIRTY-SECOND: Ken Serether and Joan Hoffman enough to realize that I'm too drunk to drive." Patricia leaves 4,786,616 empleave together. Ted ties, his collars. TWENTY-SIXTH : b FORTIETH: Paul Bumbalo n ELEVENTH: Andy Mandel Donovan leaves his clipboard THIRTY-THIRD: Don West leaves a funny last name. leaves on another road trip, FORTY-FIRST: Lee Smith leaves his Mulligan's V.I.P. and whistle. TWENTY-SEVENTH: Ricky but leaves this advice: "It's not wishes he could leave a funny card. TWELFTH: Dave W-ynn Samuel leaves his Buddy Love where you go that counts, it's last name. FORTY-SECOND: Beth leaves a couple pairs of baggy cologne and wardrobe. who you bring along. TWENTY-EIGHTH: Horace THIRTY-FOURTH: Steve Buckley leaves Ken Joyce as pants. ■ their true , • -^m^nficano the only person crazy enough to still root for the Boston Red Sox. FORTY-THIRD: Bonnie Cohen leaves for San Francisco. FORTY-FOURTH: Sherm Kerner leaves his SBA tasks and coaching duties to some other poor sucker who won't .. be able to smile through the whole thing. FORTY-FIFTH: Dick Troll leaves his L.L. Bean catalog. FORTY-SIXTH: Tom Kelly leaves thank Cod. FORTY-SEVENTH: Hector Santiago and Larry Kerman leave their voices. FORTY-EIGHTH: Lew Steele leaves his in-ini-iniminimitable style. ATTENTION Summer 4 80 BAR/BRI Review Takers: - The course will rim from June 6 to July 24. You should be receiving notification and details in the mail by May 9th* There will be two sessions daily, 10 a.m.*2 p.m. and 6-10 p.m. You may pick whichever session you wish. Anyone wishing to administrate the 6-10 p.m. session, please phone 691*4369. Compensation is involved. Opinion 6 April 24,1980 �Pep Talk Some Sporting Reports We Would Love To Hear by Joe Peperone Hartford: 62 year old Gordie Howe begins his 42nd year of professional hockey tonight, as his Hartford Whalers begin the 1990-91 NHL season by facing off against the Red Deer Moosepelts, the 33rd and newest NHL team. Asked if it was hard getting psyched for another season, Howe admitted it was, but said it would have been worse if he had played for either of the two Stanley Cup finalists, who brought the long 1989-90 season to an end last Friday. When asked if he had any other goals to shoot for before he retired, Howe said he hoped to hang on for four more years, so he could play with his grandson, Gordie 111. Syracuse: Manager Billy Martin was fired yet again by the New York Yankees for his always colorful off-the-field behavior. Martin reportedly punched out a lampshade salesman in a Syracuse bar last night. Martin originally released a statement in which he claimed he only had a light Awards Are beer and the salesman had cut his lip on a chipped glass, but later revised his statement following the operation to reattach the salesman's left cheek to his face, stating, "He put a lampshade on his head and I thought he was making fun of me." Martin later told reporters, after being fired, he didn't need Yankee owner George Steinbrenner to protect him and "George can just get one of his boats and sit on it." Steinbrenner, who had successfully persuaded the administrators of the Sunnybreeze Psychiatric Center to release Martin so he could manage this year, was reportedly distraught. St. Louis: Flash Peters, the Heisman Trophy winner and the NFL's number one draft choice, who decided to sit out the season because the Cincinnati Bengals refused to give him the one million dollar a year contract he wanted, is now working in a McDonald's in a St. Louis suburb. Boston: The Boston Celtics remained undaunted today. Announced The commencement com- Jubulis, secretary to Dean mittee is pleased to announce Hecfdrick and Linda Nadthe recipients of the 1980 brzu.ch of the admissions and senior class faculty and staff records staff. awards: The awards will be Professor Louis Del Cotto will receive the faculty award. presented by member* of. the The staff award will be senior class at the .upcoming presented to both "Cleo" commencement ceremonies. The Mountain Climber He began his journey with the meekest of tools. Teaching a lesson to his audience of fools. He scaled the mountain with only courage and skill, For this was the destiny of his own free will. But he climbed the mountain not as a dare. And he didn't just climb because it was there. He became a better man for every inch he rose. Oh, the agony and pain, Cod only knows! His audience watched with ignorance and awe, As they couldn't understand just what they saw: "Why does he climb? What does he seek?" And others would answer, "Why, to reach the peak!" "What a foolish man and what a silly goal! He'd be just as manly if he climbed a pole!" But we ought not measure Man by what goals he seeks, Be they fortune and fame or mountain peaks. The fact that he does strive to reach that Summit Precludes him from ever having to plummet. And if you ever ask him why he climbs, He will give you an answer that always rhymes: "I do not strive merely to reach the top, I only climb because I mustn't stop!" quasi N. Rem ('81) To all the mountain climbers of the class of 1980, QUASI N. REM wishes you health, happiness and success as you embark on your future. QUASI will be back next semester, but increased newspaper responsibilities may decrease his inspirational drive. despite the fact itappears they have lost the battle to have Ralph "Swish" Jackson declare himself a hardship case, drop out ofThomas Jefferson Junior High School, and join the team for next year. Jackson, 13, has reportedly been offered one million dollars a year and a date with Brooke Shields if he signs with the club. "I don't understand it!" lamented Celtic general manager Red Auerbach yesterday, "I offer the kid a three year contract at Record Rack a million per and he wants to finish his education. It just seems short-sighted to me." Now for one story I think you will see. Coaltending and defense have won the last six Stanley Cups for Montreal and Philadelphia. The Buffalo Sabres have them both, and as of this writing have a legitimate shot at the Cup. I am a Sabre fa«, and have shared season tickets for nine years, but I have also seen the team play below their poten- tial for far too many years to engage in idle dreaming about their chances. I began this season as a skeptic, along with many other Sabre fans, hoping the Sabres could prove worthy of the strong support and constant sellouts the fans have given them for the last ten years. They have; The Buffalo Sabres will defeat the Montreal Canadiens in seven games for the Stanley Cup. Seven New Albums For Summer thoroughly. by Mike Rosenthal The best of the dance Against The Wind Bob Seger and the Silver Bullet Band numbers are "Stomp" and Seger's finest album comes "Light Up The Night," while after an album so good it is the best of the more mellow hard to believe it has been bet- cuts are the gorgeous tered. Seger has an excellent "Treasure" and "This Had To mix of ballads and rockers and Be." It was always obvious performs both equally well. that the Brothers Johnson had One of the best ballads on the a fine album in them; it's nice album is the current single to see they have finally record"Fire Lake." "No Man's Land," ed one. journey "Against The Wind" and Departure The best thing about this "Shinin' Brightly" are further evidence of Seger's ability versatile album is Journey has within a genre that he is usual- gotten rid of the excesses and flourishes ex-producer Roy ly not identified with. However, there are also Thomas Baker bestowed upon many rockers of superior quali- their last two albums. The ty, especially "The Horizontal songs are a bit more commerBop" and "Her Strut." The cial than their previous years of touring and writing material, but the success of have paid off. With this album "Lovin' Touchin' Squeezin' " Seger has reaffirmed his status from their last album showed there was a definite audience as a true superstar. Light Up The Might The for their music. Thankfully, Journey does not copy their Brothers Johnson After a dismal third album, previous songs like many and two uneven but promising groups do on their first album albums, the Brothers Johnson after a big break-through. seem to have gotten Three songs on this album themselves in shape to pro- deserve much radio airplay. duce a soulful and danceable These are "Any Way You Want album of * high quality. It," "Walks Like A Lady" and Although Quincy Jones has "Where Were You." produced all their other American Gigolo Soundtrack This album is selling only albums, he has pulled out ail the stops this time. As he did because of the inclusion of for Michael Jackson's recent Blondie's giant hit, "Call Me." album, Jones has brought With the exception of one former Heatwave member Rod other vocal by Cheryl Barnes, Temperton in to assist with the this album is solely instrumensongwriting chores. The knack tal; two of them with the same for a commercial but not tune as "Call Me." Giorgio watered-down soulful sound Moroder is quite talented, but that Temperton brought to with so much of the album songs like "Rock With You," devoted to his instrumentals, it "Off The Wall" and "Boogie is definitely not worth $8.98. Andy Cibb Nights" fills this album After Dark - — - — - Too much of the material on this album whispered ballads. No matter how good the material might be, this similarity of interpretation does not make for anything but "muzak." Nevertheless, "After Dark," "Desire" and one of two ballads done with Olivia Newton-John, "I Can't Help It" are worthy of at- tention. It's a pity these songs are surrounded by so much muck. But The Little Girls Understand — The Knack Not as bad as the first single off the album, "Baby Talks Dirty"(a "My Sharona" clone) and not as good as their first album, the second Knack album is a very pleasing collection of songs heavily influenced by the sixties. It's not art, but it is fun after all, that is what their music is supposed .. be! Gideon to — Kenny Rogers One of the finest albums ever made in the country genre. Kenny Rogers has pj> duced a true classic with this conceptual album that tells the story of Gideon Tanner, the preacher's son who became a cowboy and lived a life of womanizing and drinking. Kirn Carnes and Dave Ellington wrote \every song, and the album reflects this consistency. The variety of tempo fits story line so the stages of perfectly it seems as if the songs wrote themselves. An honest, pure and perfect be that will album remembered for years to come, Gideon should be looked into by everyone. BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS . Knowing how to write answers the way Bar Examiners want to see them written can make the crucial difference. Hundreds of students from New York law schools have been convinced that what they learned at THE KASS PROBLEM ANALYSIS CLINICS was essential to their success in the Bar Exam. - ATTEND THE FIRST CLINIC-ABSOLUTELY FREE-on June 14, 1980 Clinics will run on six Saturdays, starting June 14, at SUNY/Buffalo. FEE: 095. Second year students can attend our June 1980 and June 1981 series upon the payment of only one fee. A TOTAL OF Iβ DIFFERENT, VERY DIFFICULT ESSAYS WILL BE COVERED IN EACH SERIES. in an appointment to hear a playback tape of interested For farther information or if the first clinic call Buffalo agent, Oliver Young, at 883-4059. Any other questions can be addressed to KASS PROBLEM ANALYSIS CLINIC, 87 William St., N.Y.C., N.Y. 10005(218-WH3-3690). April 24,1980 Opinion 7 �Computer Problems Plague The ETS cont'd. from page one petitive and selective than it being was last year. In referring to delay informed about this and are being kept in the numbers from which the "blissful ignorance" according decisions must be made, to Assembly Higher Education Dooley said, "We should have Siegel (D-Manhattan). Accorda very highly qualified group ing to UB admissions and ding to UB admissions and of students next year." This increased applicant records, a notification process pool is evident throughout the by them would be too costly nation. This will make the ETS and too time consuming to be delay that much more signifi- worthwhile. cant. Steve Solomon, head of the Applicants, however, are not Standardized Testing Project for New York Public Interest Group (NYPIRG) agrees with Siegel. He said this is "an unprecedented breakdown in service that has adversely affected tens of thousands of law school applicants." The Law School's Admissions Council however denies all charges of non-disclosure and claims that the delay has been covered in college newspapers around the coun- William Greiner try. As of April 6, 1980, ETS estimated the delays were reduced to two weeks. The nation-wide scope of the admissions delay is expected to prevent any significant long-term adverse effects. — Michael tots have taken the capitalist approach to the season. Whatever happened to five cent lemonade? Legal Method Program Examined cont'd. from page one to actively seek out disadvantaged students, a duty to the necessary resources to help them adjust properly." Rodwin expressed concern that the present program not be curtailed, and that more qualified persons be allocated. allocate New Professors Join UB Faculty cont'd. from page one has also practiced law as an another year at UCLA, George associate with an Indianapolis Priest, who will be teaching at firm for one year. Yale, and Milton Kaplan. Barry Boyer will be going on Members of the full-time faculty who will be taking or sabbatical in the spring, as will continuing sabbaticals and Wade Newhouse, whose therefore not be teaching in course on collective bargainfall include Grace ing will be taught by Jacob Blumberg, who is staying on Hyman. * shapiro Future law professors? Whatever the case may be, the rites of spring have come and apparently these young John Spanogle is unsure whether his sabbatical will begin in the fall or spring of next year and Joan Hollinger, who completed a one year visiting appointment, will be going back to Detroit.. Those professors returning from sabbaticals include Janet Lindgren, who will be back full-time to teach torts and legislation, James Atleson, who may be teaching a new first year course in labor and employment, Marjorie Girth, who will be offering debtorcreditor and bankruptcy reorganization, John Schlegel, who will teach a new first year course on judges. Thorne McCarty, who will continue his semester computer research, will be teaching only one course in the fall, probably patents an copyrights. Boyer said he believed the "There are very deep risks in long research and writing any special admissions procourse conflicted with the gram," said Creiner. "You're legal method program. probably going to lose some. "As a result of legal method And it always hurts," he added. running simultaneously with "Everyone admitted under researach and writing," said the special program," said Boyer, "students in the pro- Everett Hopkins, another stugram may be overburdened dent enrolled in the program, with writing to the extent that "can handle law school. The less time is available for actual problem is that the law school course work." can't handle us. There are not Cowan said he would sup- enough faculty to deal with port an administrative pro- the thirty students admitted. posal to place civil procedure We should be given more feedsecond year of law back oh our progress." in school'to alleviate some of the Randall Perry, a student research and writing pressures. enrolled in the program, cited Criminal law would serve to substantive problems with the replace civil procedure, but program. "There should be research and writing would be_ more writing related to the postponed until the second finaTexam," he said. Sheryl Robertson, also year. Boyer cited a third factor enrolled in the program, said, which may have affected last "There should be more emsemester's program. He phasis on writing and exam hypothesized the admissions techniques. Anyone can learn committee may have "dipped substance, we need to learn lower into the applicant pool" how to apply the law in an exthan it should have last am situation." Professor Paul Spiegelman, semester. Boyer and Creiner expressed who taught civil procedure in concern over the need for the special program, maintaingreater scrutiny in future ed that "although there were special admissions applicagreat human risks involved, the tions. "There were a substanprogram was worthwhile. The tial number last semester who students need time to adjust to didn't do as well as we exthe rigors of law school," he pected them to do," Greiner said, "and the first semester is admitted. too soon to judge." year Job Seeking In The Legal Community? Improve Your Chances! You can now have your letters of application individually and professionally typed, error* free, at a reasonable price Call us for details 8 a.m.-9 p.m. (Mon.'Sat.) Paragon Business Services . MM — Michael shapiro Don't let finals get you down: get a Norton cafeteria ice cream special. Mm Mm Messy. — — 8 Onfatinn Anril 24. 1980 Statler Building 107 Delaware Avenue — Suite 1304 Buffalo, N.Y. 14202 847-1260 �LIVE From Buffalo: It's THURSDAY MORNING! Volume 1 Number 1 Onion NO NEWS FIT TO PRINT State University of New York at Buffalo School of Flaw April 24, 1980 Faculty Resigns Due To Lack Of Utility Lone duck frolics in John Lord O'Brian Memorial Swamp. - suy van baalen Students Sue To Preserve Swamp ■ A group of three law students filed a legal action in the United States District Court for the Western District of New York today seeking to enjoin the construction of the Social Sciences Building on the Amherst Campus. The students' main argument is that to construct the building, the University would have to destroy a federally protected students to teach themselves," a process he admitted had wetland within the meaning of the students' action, said, been going on for some time. the Federal Wetlands Protec- "They would only have a case "They've got the law library, tion Act. The students are ex- if the district court were half of them have jobs pected to produce holding Moot Court" This downtown, and there are photographs before the court response was elicited from Proalways the tapes in A-V." Aekshowing a continuous water fessor Mann just minutes after ed what he would be doing level of 6" or more and also the Mugel luncheon, at which -with all his spare time, the plan to introduce evidence Mann chatted with long-time Dean had a pat answer. that several wild ducks have "I'm going spelunking in taken up residence at the site. friend, Al Mugel, after whom Great Britain. Citing a severe Law Professor W. Howard the Moot Court tax competidislike for the—modern arMann, asked to comment upon tion is named. chitecture of John Lord O'Brian Hall, Headrick stated he never really felt comfortable in a building without windows, or without ivy climbing the walls. prised- of approximately 234 class, Greiner replied the comstudents. Of these. 160 would mittee felt strongly that liberal be women, 40 would be admissions policies should not Blacks, 20 American Indians, 5 be overdone. He also said this Eskimo, 5 Iranian, 2 Serbo- student would be carefully Croatian, 1 Chinese and a observed and monitored to inwhite male Ivy League sure he was not a disruptive ingraduate from Long Island." fluence. Asked as to why the latter "We could always toss him would be given a place in the out," was the chairperson's reaction to the suggestion that such a student might indeed upset class homogeneity. Pressed about the question of discrimination; Creiner admitted the department had placed a rather peculiar interpretation upon the Supreme Court's decision in Bakke. "We reject," he said, "the majority's holding in Bakke," "It is for each school to decide what percentage of be minorities should admitted," said Creiner. He stated this was especially true for a school such as ÜB, which had unbreakable ties both to the State as well as to New Admissions Policy Instituted In announcing guidelines for the selection of next year's freshman class, Associate Dean William Greiner informed the university the Law School plans to continue its ef- forts to compensate for past discrimination in professional admissions. "The class of 1983," he said, "would be com- "Grciner said thatV ■ In an unprecedented move yesterday, all members of the faculty of Law and Jurisprudence tendered their resignations to President Robert Ketter effective immediately. This came after a protracted faculty meeting at which various members of the tenured teaching staff fell asleep when Dean Thomas Headriok suggested that they all drive over to the Main Street campus and tender their resignations en masse. In a tersely written statement, the faculty declared they felt themselves of little or no vise to the university in general, and to the law school in particular. Contacted in his suburban home, Headrick said the writing had been on the wall for some time. "We decided," he said, "that it would be just as well for the the local community. When asked what will happen in the future when white cont'd. on page four Jack Hyman, a.k.a. "Uncle Jack," was less willing to discuss the move, which has sent shock waves through the university community. "Oh, for Christ's sake," he whined, showing clear signs of irritation. "Haven't you students bothered me enough all these years? Now that it's 'outski,' won't you please leave me alone." Pressed as to what he would do now, Hyman said, "Look for another teaching post, of course." Professor Howard Mann said he was relieved his sabbatical from the Supreme Court was now over, and he would return to his position there after thirty years. "What good did we do them?" was Louis Del Cotto's response to the mass resignation. v No student of mine has ever practiced tax law. In fact, I had the feeling all along that my popularity was a 'requirement.' " Also relieved were Professors Richard Bell and Michael Schaeftler. While the former said he now could spend more time touring in his MC, the latter hoped to devote his full attention to the restoration of a Ford Pinto, and thus avoid the necessity of hitchhiking to his next job, which he said would be with a five hundred partner firm in Illinois. Professor Kenneth Joyce announced after the meetings he would be moving to Boston, to be closer to his beloved Red cont'd. on page four "Put the potatoes in at 450°. I'm leaving tor the airport now." April 24,1980 Onion 9 �AP" I24 1980 Vol.l No. 1 ' Editor-in-Chief Justin "Perry" White Managing Editor Justin White News Editor: Feature Editor: Photo Editor: Business Manager: — Justin White Justin White Justin White Justin White Staff: Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, AnonymouS, Anonymous, Anonymous. ©Copyright 1980, Onion, SBA This lampoon issue of Onion was done in fun. We hope everyone takes this issue in the manner in which it was intended. References to real persons is purely coincidental. WARNING: The Press Secretary General has determined that taking this issue seriously may be hazardous to your health! Wonderful World by Robert Potenza my Legislative Constitutionality nothing AtThey trying being by maybe night dilate Maybe bought Aland only though tstudent get up stay your hver sent ough sayI'm expletive myself telling History jurisdiction my hung deleted) you student, peasants piece groanjn' theyPeand baby, Ages pages ya But ethat if And out What much Orany know' I'm much know Wher at thiMiprofessors are wthey I the WhenI Even w a do Now don' claim Cause someone can Don' Cour can' onderful ntinonderful ek'mgChancery otguitstuchraduate all o hserfhthat i( a t'slegal about between world 'bout to court world to I'm Socrates from of be hire be moanin' an fiction are no law an the it I Civil the loans it me. "H" a see fool would a will Rem school "H" three torts Middle breeze m old Pro is and are be! and Moot. student case I due be took. book. feed suit rsonam Don't know Don't know Don't know Don't know Legislative History Constitutionality nothing from my old case book. much about the torts I took. But I do know that I'm no fool And if I ever get out of law school What a wonderful world it would be Don't know much about Civil Pro Or any other that (expletive deleted) they feed ya Don't know''much 'bout jurisdiction They all say it's a legal fiction Now I don't claim to be an "H" student Athough I'm trying to be m Cause maybe by being an "H" student, baby, I can get someone to hire me. Don't know much about the Middle Ages Where Courts of Chancery hung peasants and pages I stay up late at night moanin' and groanin' I can't distinguish between Rem and Personam Maybe your professors are a breeze Mine think they are Socrates I went and bought myself a three piece suit Although the only court I see is Moot. When I graduate I'm telling you Even though my student loans are due What a wonderful world it will be! Former Law Student Offered Bribe For Poor Performance There was a microphone planted at the center seat at the' Moot Court Rooms-front bench. Along with that was a pitcher of water and a small black box which contained a device to distort the speaker's voice to sound like a famous cartoon mouse. Federal agents led a masked man into the room and seated him behind the microphone. Aside from the handful of students allowed at this meeting, rrost of the professors had been si mmoned to hear the young man's stery. His tale was the exf " >t of a bizarre plan set up the Administration to encourage students to achieve higher grades. The masked man revealed that he was a 1976 graduate of UB Law. He said that after he had received his fifth of twelve "D" grades in his he was approached by two as of yet unnamed men wearing hats and trench coats in the vicinity of the fifth floor faculty lounge. "They told me that I could do better than I had been doing, and that they were willing to offer me $500 for each D received to that point. Any D's received after that would receive a $750 price tag. They' also informed me of a project to encourage students to do better through monetary rewards." Recently, the plan had been referred to in a paraphrase of Joe Garagiola's Chrysler pitch, "Got a D? Get a check!" In total, the masked man received $7,750> for his poor grade performance. Perhaps the story never would have gone beyond the confines of O'Brian hall but for two things. First, the student couldn't gain admission to the Bar due to his grades. Because he had been paid for this lacklustre performance, he had expected that he would be given a break when he graduated. Second, the administration found it was paying out money to otherwise ■good students who were getting "D" grades just to get the checks. Rumors have it that the school took a financial beating last semester when it paid a record amount to Library. students in a certain Tax I sec- Sears ne_yer guards "The tion. Said one student who materialized, theVe are still was $500, "I a and received D using the told that tax wasn't an easy non-law students taxpayers' money library, and $500 the sure but subject, again," makes it easier to bear!" is down the tubes Therefore, the university was stated a public interest group goaded into action. Initial in-« spokesman, who preferred to remain unidentified. vestigation prompted the adWhile in the Moot Court its tack ministration to change to tape and offer hornbooks, Gilbert's Room, I had a chance procomments from some havand Nutshells to students are a ing difficulty with courses. fessors present. Herewith few statements: "We thought of it as a deter"Had I known then what I rent to D's," quipped one now, I wouldn't have know "It was faculty member. cheaper to buy books to save done it." "They have no basis students from the heartbreak for taxing my patience and of an unsatisfactory grade time like this!" "What's this rather than to pay them for guy's problem?" "Make me an argument why I should listen poor performance." to this!" "This fundamentally Sources are trying to ascertain how much money was unfair practice fust shocks my spent, and the bureaucratic conscience!" and "The Feds boondoggle has baffled those appear to have a prima facie case unless the ultimate facts .seeking the person(s) responsible for the program's inception show a nationalized legal right and maintenance. Reliable in- to engage in such activities." formants have told this The dean was unavailable for reporter that the money was comment, as he was in England siph-oned from a fund trying to argue against the torestablished to pay guards to tious enfeoffment of his bar non-law students from ancestor's castle. Pierson Not Tireless; SBA Suffers Crisis New SBA President Melanie Pierson has been stuck in a tire for nearly three weeks. With its new president totally incapable of performing her duties, SBA faces a constitutional crisis of monumental proportions. Three directors pointed out that the tire, a Firestone '500' steel belted radial, was recalled due to manufacturing defects and that the SBA might have a cause of action against Firestone. Four other directors suggestsed the warranty might not extend to people who get stuck inside the tires. Five directors resigned. The mefiting adjourned leaving Lew Steele behind debating all seven sides of the issue so there would be a record of the debate. Prof. Charged With Udder Cruelty the Adams' barn administering April 2, 1980 From our Staff Correspondent electric shocks to over 200 prize guerhsey milk cows Madison, Wisconsin Evidently, he had tied elecProfessor Howard Mann was trodes to their udders, and was arraigned late today before handling a switch which sent Dane County Court Judge Bo 110 volts into the startled Vine in connection with a animals. Adams had been atcriminal complaint filed by a tracted to the barn by the loud local dairyman which alleged braying sounds. He wrestled that the law professor had with the UB law professor engaged in conduct which con- before disconnecting the elecstituted cruelty to animals, trical harnesses from his cows. In county court, Judge Vine punishable under. Section 155-A of the Wisconsin Penal commented he had never heard of such a thing before. Code. In his complaint filed with He conjectured that this case the Town of Reading Police, would stand beside Dean Milk Charles "Chuck" Adams main- in the annals of Wisconsin tained he had found Mann in jurisprudence. Asking Mann if — Onion 10 April 24,1980 he had any comment to make at the time of arraignment, the teacher of constitutional law raised his shackled hands and approached the bench. "Cot no prima facie case, don't you see?" Judge Vine said no, he did not see, and granted Mann $5,000 bail, ordering that he return to Wisconsin in a month for trial. Asked if he would take advantage of ACLU representation, Mann said he would not, stating the American Cow Lovers Union could hardly be expected to be of much help. . . - ted tobiti _, , Melanie Pierson manages a smile throughout her tiring experience. �SBA Allots Money To Colitis Research by Marc Can/ Government Correspondent Copy . machine claims its first victim. " gUY van baalen Copy Machines Emit Radiation by Karen Spencerwood would no longer have to worry about her acne problem. A statement issued last week "Either those x-rays will clear by the Xerox Company has set them up-or I'm not going to be off widespread fear of radioac- around to worry about them." tive contamination in the stuOther students expressed dent body. Mr. John R. Blum, fears quite openly about loss speaking at a news conference or hajr, fertility, health, and in Rochester on Friday, announced that the company had removed three of its 124 copiers from the Charles Sears Library after a careful inspection disclosed that the machines were giving off dangerous amounts of radiation. Stating that everything was under control, and dispelling doubts about other Xerox machines in use at the present time, the spokesperson assured the press that the problem was limited to machines that had been used in the UB Law ■ their lives in general. "What in hell is going on around here," asked one distraught co-ed, who remarked that she had spent the bet- ter part of Spring break working in the library, to a great extent with the machines. "Everybody took off for Florida, and I'm up here in this sweatbox getting an X-ray suntan." This led other students to complain about their own exposure, and a phone call was placed to Xerox in an effort to clarify the mystery surrounding the three copiers. On Tuesday night, the Student Bar Association allocated its $25,000 surplus to Colitis Associates, a newly formed research group on lower intestinal problems. This action came after nearly five hours of emotional debate between supporters of colitis study and the Anti-Balding Coalition of ÜB. The SBA was split evenly over the issue. Tony Leavy opened debate with a half hour demonstration of the reasons for colitis research. Many members of the student government left the room during this period As Leavy explained, "There is a high incidence of colitis at this law school. Since many students develop this and other lower intestinal disorders while here, it is up to the SBA to fund research in an attempt to correct the problem In any case," he added, "colitis research is. socially progressive." The Anti-Balding Coalition had many thick and bristling supporters, however President Melanie Pierson shouted (for the first time in years), I want hair, I just want hair!"' She repeatedly used her parliamentary powers to hamper Leavy's presentation, while simultaneously stroking her chestnut locks, smiling like a Cheshire cat Several third year students demonstrated outside the meeting room in favor and support of the colitis project At one point, a group led by Emil DeNardo threatened the colitis backers with physical harm, which led to recriminations-and counter-threats which sought to agitate DeNardo's standing to speak for the AntiBalding Coalition, keeping in view his long history of lower tract infirmities. Above the disruptive din which at one point brought the SBA meeting to a halt, Lew Steele portrayed the plight of a third year student with colitis. He spoke of cramps and other intestinal problems This in turn led to accusations by some present that Steele had generated more intestinal disorder than he had suffered himself. At the close of debate, the SBA voted 4 to 2 in favor of the colitis grant. Pierson was unavailable after the meeting to answer questions from the press, who had been barred from the meeting during testimony before the committee which had studied the various possibilities for dispersing the funds. It was learned later, however, that the Sierra Club, BALSA, and the Love Canal Homeowners Association had each asked for time to present their appeals to the SBA However, each had been refused under the theory that more important concerns, such as SUNYABALDIES and SUNYABCOLITIS, need take precedence over non-university activities such as Sierra and Love Canal; while BALSA was denied access to the meeting and thus to the funds because they were merely a minority group, not representing the bulk of the student body. It was opined, however, that if BALSA had any bald members, especially like Persis Khambatta in Star Trek, then they would be eligible for consideration. Pat Dooley, SBA vice-president and former afro-style hair-do wearer, commented -that a transition from BALSA to BALDSA could easily be effected Adventures in Constitutional Law @ "kr< School back at the Campus, officials were trying to recast events which led up to retrieval of the ' Meanwhile, Amherst machines by Xerox. Xerox has maintained it was called in after reports were made by the law school that the rooms in which the copying machines were situated had become extremely overheated. At first dismissing the complaint as something to do with local ventilation, the company became concerned after geiger counter readings roughly approximated those taken at Hiroshima two days after the H-bomb had been dropped After determining it was indeed their machines which had caused the unusually high levels of radiation, the company sent in a team of specially clothed technicians to remove the faulty copiers, and transported them back to Rochester in a lead van. It was the witnessing of the machines removal which touched off widespread panic among students. "So that's how they work," said one student who has used the machines extensively. "I was wondering how they made those neat copies." Another student, laughing nervously, joked that she . Of course, this mode of analysis er - review, uhm, that is, scrutiny, or rather, perusal is based on one thine namely . .. — — test, or exam if you like; Uhm ahh, one, who is bringing the action there are in otßer words always other words who is suing ghm, 'b,' what phase the moon is in —— - . " . — — that is to say, blacks Race ahh ~ minorities not in the statistical sense, really, but if you will in a broader sense , Everybody except Supreme Court Justices - — - —- Or rather, eight of them, at least, depending on a simple three-orfour, it doesn't really Matter which, tiered ... . And finally, welf, is a coin toss to be employed, or some other, more sophisticated device, and so on .. Uhm — April 24,1980 ) where was If Onion 11 �Prometheus Bound Law School Founded In Greece by Susan L. Beberfall and Cindy E. Antanaitis cent. Exert yourself, my good friend; I am not asking you a to favor you today. Sacrificial offerings of thanks should be left at the Faculty Altar. difficult question." PROBLEM I Perhaps you have en- Modern Version: Pi, a citizen of Athens, imcountered the Professor: What is the dif"Socratic Method" during your ference between Law and ports olive oil for many of the sojourn at ÜB. This is not to be Public Policy? If policy is Law, Greek city-states. Delta, a confused with the Actor's is only a part of the Law policy citizen of Sparta, buys oil from or is the rest of it something Pi to use in making souvlaki Studio Method or Marlon Brando. The Socratic Method had else? You, Mr. Blue Shirt, which he sells to bread-winners in the marketplace. MCD, a its origins in ancient Creece. answer me! (sure, the rest Roman (foreign) corporation, But unlike law students today, Student: Duh transports goods from Athens those of ancient Creece had a is #&•s#©•) distinct advantage. Not only Professor: Whatsa matter, to Sparta and is also a carrier for Pi's oil. MCD had been did aspiring Platos have their can't you speak up? The proown scorecards, but they, blem with you is that you're warned by Homer Pile, a knowing the questions and not only immature, but stupid. wandering Bard, that disaster answers Socrates would pose I should qualify that. You're awaits it. MCD's managing called all the lazy too. Get off your butt, you agent, Hubris Maximus, igshots. Now you may ask, "Is young twerp. Any fool can nores Homer Pile's warning completely, continues the this ethical?" (only your Bar Ex- answer the question! business of shipping oil to aminer knows for sure). With Sparta, and steals Homer's perNeed more be said? time, however, the Socratic Method became cheap, vulgar, But just in case you're sonal copy of The Oliad and The Idiocy. This does not auger corrupt and commercialized. wondering what law school exIn short, it emerged, full-blown ams were like back then, one well with the Gods, who as the "Sarcastic Method" we has been reproduced for you. unleash their Sirens. The Sirens wreck havoc and lure MCD's all know today. Let's contrast This exam was given by Aristotle of Onassis at the Lyceum, ship to the rocks by wailing some dialogues from then and now. circa sth century B.C.E (Spring promises they are unable to For those wishing to keep. MCD's ship is lost at sea, (exTerm). Socratic Dialogue A True and the oil is never delivered. cerpted from The Euthyphro, relish the full flavor of this exam, just arm yourself with Meanwhile, Pi has not been Church Ed., 1956) Socrates: "Is all justic pious chisel and tablet and head for paid. Delta's souvlaki business ? Or, while all piety is just, Baird Point. For the truly is suffering; and Hubris Maxis a part only of justice pious, adventurous, Creece is fight imus is plagued by Hemorand the rest of it something off the New York State roids. Thruway (exit 45-47) and just Discuss: Moira (Fate); Jurisdicelse?" tion; Forum (not the one in Student: "I do not follow you, minutes from ÜB. Rome); Risk of Loss; Socrates." Foreseeability; The Price of Socrates: "Yet you have the ad***THE EXAM*** You are a Scribe at the Souvlaki and How Good is it vantage over me in your youth Anyway?; and Why Was Zeus no less than your wisdom. But, Senate. The following proas I say, the wealth of your blems have been sent to you So Angry? wisdom makes you compla- because the Cods have chosen PROBLEM II Daphne, a lovely young woman, has aroused the interest of Apollo, a Fast Man Around the Marketplace type. Apollo, upon seeing her, thinks, "Ah, what I wouldn't do page from one cont'd. Nymph!" and Sox. When it was pointed out indicated he was already to possess such a to her. Daphne proceeds chase his red sox were no employed in an undisclosed to him that further away than the end of capacity with the Department calls upon the Gods to save her and of Justice and any adjustment from becoming a Fallen his feet, Joyce Woman. They interfere as said he wore a red sock on his to "civilian" life could be easiusual (though a peace officer ly made. head, too. was nowhere to be found). In Professor John Spanogle St. Joan of Hollinger, "The making her escape, Daphne said he had never really taught Flying Nun," was not available stubs her big toe on a laurel well after the Laufer farewell tree, falls and now exhibits would she for comment. It is believed party, and therefore it make little or no difference to is in San Juan, where she strange tree-like growths all teaches family law Thursdays over her body. the students if he retired.^ Discuss: Criminal liability; perProfessor WilUam Greiner and Fridays sonal injury liability; statute of limitations; and Why the Gods Never Mind Their Own Business so-called — . .. .. . , Faculty Quitting With TVothing More To Do - Professor Milton Kaplan locked in suspended animation Kaplan Found Frozen Students who planned on receiving Sea Grants this summer must now ponder their fate in view of the fact that Professor Milton Kaplan, Sea Grant Advisor, was found frozen stiff as a board in his office last week. According to Registrar Charles Wallin, Professor Kaplan has not moved a muscle since last Monday, when a startled student conferring with Kaplan noticed that he was talking, in his own words, "to a stone wall." "I had this appointment with Professor Kaplan," said Larry Kerman, a third year student, "and I'm sitting there talking to him when I notice he was motionless, like a statue. The man didn't move a muscle. His eyelids didn't even blink. It was spooky." After Kerman notified Wallin, doctors from Millard Fillmore Suburban Hospital were called in and advised Dean Thomas Headrick that Kaplan is suffering from complete suspension of animation. "It's a unique case," said Dr. Moss, consulting physician in Neurology at Millard. "Professor Kaplan shows no signs of life, although he is very much alive. We've tried from electric everything — shock therapy to placing pictures of Bo Derek in front of him. Nothing's worked." Students with ideas about how to enliven Kaplarl are requested to submit them to Headrick. Anyone knowing Kapl.an personally is requested to be present in his room on Monday, May 4, when a group session will be staged in an attempt to bring him back. In the meantime, any person passing his office is asked to rap sharply on the door, in hope that some response may be elicited from the formerly active law professor. If siich efforts continue to be futile until the end of the spring semester, it was announced yesterday that Sea Grant funds will be spent studying Kaplan's condition. Admissions Policy Begun cont'd. from page one males with fine academic tunity to compensate for a records from good schools lack of minority representation seek admission, Greiner on the faculty, Greiner said he dismissed the hypothetical had, "no comment." "Don't you feel there is a with a wave of his hand. "They never apply here in need to have minorities on the the first place," he said, teaching staff as well?" he was laughing. asked. Greiner, however, was reluctant to discuss the effect which retrenchment might have upon the hiring of new faculty in the law school. Asked if this situation might provide an oppor- ty." "What is good for the student body," he declared, "is not always good for the faculAsked if the converse were true, he said, "Of course not!" PROBLEM Ml Sisyphus, former king of Corinth, was arrested for participating in the Trojan Gate Scandal. Following his conviction, he was sentenced to life imprisonment in Hades Prison, located in southern California. Due to overcrowding at the prison rockpile -and harrassment by fellow prisoners, ordered off the A former corporate law professor hitch-hikes back to Israel. Since most drivers were going only as far as Cairo, the professor went harpooning in Iceland for the dreaded "corporate whale." He wishes to remain anonymous; suffice it to say he resembles ' "Huge"Hefner! " 12 Onion April 24, 1980 pile and commanded to roll a two ton boulder up the pile until the end of eternity. Discuss: Greed; Corruption; Excessive Sentencing; Appeals; and Theories of Criminal Punishment. ***END OF EXAM*** — guy van baalen typos Prospective UB law student l<lw.\rd Hyrie, son'of Dr. Homer Jekyll, up application. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-04-24 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/24/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/89958a73876af5282e9183b2c86d1990.pdf 9dfa239bfe1581dfa197e2c59f8b7a94 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20 Number 11 Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law April 10,1980 Exams In Seminars Will Be An Option by Bob Siegel Two proposals for cur- ted to enroll in a seminar course and receive two hours of credit. They will be allowed to take an examination at the end of the course in lieu of the traditional research paper re- riculum change formulated by the Academic Program and Policy Committee (APPC) were quirement. adopted by the faculty on FriAccording to Dean Thomas day, April 4. Headrick, "expectation of The faculty decided to allow writing a substantial research upper-division students the op- paper was inhibiting students tion of taking law school elec- even though there was interest courses on a pass/fail in the course." Thus, the stutive - tedtobias The new Law Review Editorial Board took office after March 28 elections. Front (I. to r.): Joseph basis. Courses taken by the stu- dent who has an interest in the dent on a pass/fail basis would seminar material without the Peperone, Larry Malfitano, Elaine Herald, Melanie Cyganowski, Deborah Case. Rear: Erik Lin dauer, Renee Lapides, Scott Wright, Janet Lascola, Mary Fahey. Missing: Elyse Lubin, Sheila Meek be considered "extra" in that time needed to write a they would not be counted as research paper has a golden Hyde, Mark Rosen. 1979 Job Placement Statistics Paint Hopeful Picture For UB by Amy Jo Fricano As the end of the school third hunt for that elusive career, the fulltime job. A few have snared year approaches," many year students are on the their prey already, but all of them have experienced the frustration of pursuing the wily beast down Rejection Road. If you don't have a job yet, don't be dismayed. The placement office has completed its employment survey of the Audrey Koscielniak class of 1979, and the statistics are sure to lighten the heart, if not truly inspire you to relish the thrill of the chase. One year after graduation, the class of 1979 is 92.4 per cent employed. This year the placement office made a special effort to track down graduates in order to make statistics more complete than in the past. Following the two traditional employment survey mailings, a phone blitz turned up additional information. Of the 225 graduates of the class of 1979, only six have not been located as compared with 53 from the class of 1978. Of the 218 1979 graduates who were reached, 193 are employed, and 16 are still seeking employment. Eight did not take or did not pass the bar and because of this are unemployed. Two have decided not to look for jobs at this time. 87 5 per cent of those who took the bar examination passed it, a higher percentage than the class of 1978. This pass rate incTeases the significance of the 92.4 per cent employed figure, since the class of 1979 had a greater number of qualified graduates who potentially could have fallen in the unemployed category. One hundred and sixty-two members of the 1979 class found jobs in New York State, with 78 of those staying in Buffalo, 41 going to New York City, 11 going to Rochester, 3 to Syracuse and 29 to the rest of the state. The 14 others who remained in the Northeast settled in Pennsylvania, Maryland, and the District of Columbia. The other 16 employed graduates scattered across the country, with four going to the Southeast, seven to the Great Lakes and Plains states, one to the Southwest and four to the > 11-25 lawyers, 8 are in firms of 26-50 lawyers, 13 are in firms of over 50 lawyers. Of those in business, nine settled in legal positions, five chose other executive positions, and one did not indicate the details of the position. Another interesting facet of the placement statistics is a breakdown of employed graduates by participation in law school organizations and graduation with honors. Contrary to common student opinion membership on Law Review, Moot Court and cum laude graduation do not seem to be controlling factors in job placement. Of the thirteen graduates going to very large firms (50 lawyers or more), only seven were members of Law Review and one was a Moot Court member. Only eight of the fourteen judicial clerkship recipients honors. had any part of the 54 credits of upperdivision courses needed for graduation. A grade of "D" would be considered passing. The law school does not currently have a formal audit policy. A student will now be able to register for a course, complete the requirements, and have the course recorded on his transcript with a minimal risk of failure. The faculty member teaching the course would be allowed, for "good cause," to deny admission to a student opting to take a course on a pass/fail basis Course overenrollment would be an example of good cause The second APPC proposal adopted by the faculty dealt wijth the problem of seminar underenrollment. Students will now be permit- such Alan Carrel and Audrey Koscielniak estimate that the class of 1980 is slightly ahead the of the employment class of 1979 at this time last year. By a year from now, they expect another 90 plus per found employment one year after period The exam option will not alter the existing graduation requirement. A student will still be required to write one substantial research paper in c onjunction with enrollment in a seminar course Experts Debate ETS by Marc Ganz The Distinguished Visitor's Forum is sponsoring two nationally known experts on standardized testing on April 11 at 2 p.m. in room 106 They will speak about how tests affect admissions and recent developments in "truth-intesting." Mr. Allan Nairn, director of Ralph Nader's Learning Research Group, author of The west coast. graduation are usually those Reign' of ETS: They Make Up Of those who are employed, who are looking in a specific Minds, and chief lobbyist for the New York "truth-in-testing" geographic location, in a nar101 have entered private practice, 49 work for government row specialty or who have law will speak about his study or public service agencies, .15 simply put off the search. Each of the Education Testing Serare with a corporation or other is called by the placement ofvice (ETS) and how students business, 14 have judicial fice whenever an appropriate are questioning standardized clerkships, 10 have chosen the listing is received. Every test validity and racial bias academic life and two are in graduate who wishes is sent a tendencies. monthly employment bulletin Joining Mr. Nairn will be Ms. the military. Three of those in private of four to five pages which Jenne Britell, executive direcpractice have opened their contains information on tor for program planning of own office, 57 are in firms with various positions throughout ETS, manufacturers of SAT's, LSAT's and most other widely 2-10 lawyers, 11 are in firms of the country. cent employment rate. Those who have not opportunity A student can now take two seminars concurrently and only worry about one research paper The examination option should increase seminar enrollment Some seminars, however, will not be able to handle any additional students. The faculty member, therefore, will be allowed to decide whether the exam option is to be used in his seminar If the professor allows the exam option, the student will have to decide whether to exercise the option during the inrtial drop-add" used admissions tests. She will talk about the evolving role of tests in admissions decisionmaking and the need for more communications between ETS and students. Nairn's study, a blistering 550 page history of the testing corporation's rise to prominence in American society, reviews the current popularity of the mutlistate bar examination, the use of an index to equalize, undergraduate schools in the law school admissions process, and validity and racial bias questions about the LSAT. ETS has issued a formal reply to the Nader/Nairn study, disputing the statistical basis for validity and racial bias charges. Britell will speak about ETS's response to the Nairn study. ÜB's Director of Admissions Richard Dremuk will moderate the discussion. �Vol. 20, No. 11 • Opinion rk • April 10,1980 To The Editor: Pincus Offers Response To Spencer Letter To the Editor: Editor-in-Chief Randi Chavis Managing Editor Amy Jo Fricano News Editor: Feature Editor: Photo Editor: Business Manager: Ted Tobias Bob Siegel Michael Shapiro Ricky Samuel Staff: Alan Beckoff, Doric Benesh, Marc Ganz, Carol Gardner, Jeremy Nowak, Joe Peperone, R.W. Peters, Mike Rosenthal, Ed Sinker, Karen Spencer. Contributor: Fran Turner © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, NY. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial A Simple Solution Once again we're fast proceeding toward those important which alone measure our qualifications to practice law final exams. Once again many of us will experience the difficulty of having our finals either too.bunched together or too widely separated in time. Why does this happen? Why won't the administration alleviate this problem by taking the obvious step of promulgating the final exam schedule before registration, thereby allowing students to pick their own poison? We refuse to accept the excuse that "administrative difficulties" prevent planning finals so far in advance. The same amount of time and effort is required whether it's done sooner or later. So why not do it sooner, if only for the reason that we (lowly) students would so prefer it if it's all the same to them? We suspect the real reason the administration refuses to plan finals before registration is due to some parochial notion on its part that, to the extent students would choose coures on the basis of more favorable final exam dates, the quality of their educations would suffer. Such an argument is plain nonsense. The reality of the situation, despite what the faculty may wish, expect or imagine, is that most actual learning of course materials occurs in the period just before final exams. Some students take three finals in four days, due to the administration's current rule that students may not reschedule finals unless they have four sgch traumas in three days. In such a situation most students will "learn just enough to get a Q" in each course to assure they "Q them all." Thus, justice is not done to any of the courses. Is that what the administration perceives as quality in education? Instead, if students were allowed to plan against this horror, they would indeed take a different set of courses, but would have time during the final exam period to study and (.earn them all properly, perhaps motivated by a thirst for knowledge rather than a fear of failure. The fact that students would substitute courses to avoid near-conflicts should not upset the administration if it truly believes each course offered by the law school is equally meaningful and valuable. If they believe otherwise, why are they doing nothing to rid the program of dead wood and supply it instead with new, meaningful, valuable courses? Furthermore, it is axiomatic that students are perceived by or at least treated by the administration as responsible and competent enough to choose their own courses. Indeed, no guidance is explicitly offered by the administration in this regard. It is inconsistent with such perception or treatment to think students incapable of planning quality legal educations if they are given additional relevant information in advance upon events — which to base their decisions. For the last time, this being the final issue published by this year's editorial board, we cite another longstanding problem with an obvious solution. The simplicity of the solution is outdone only by the simple attitude held by some powerful yet insensitive administrators here: They don't care. But we do. And we urge the next Opinion editorial board, along with the Student Bar Association and the whole student body to continue to care, continue to object, continue to come down hard on the administration until they come up with what we, as intelligent, responsible adults deserve. 2 Opinion April 10, 1980 ; students to make an important plained as much at the faculty choice). the recent faculty I cannot believe that in a meeting at which it was decidsemester in which students ed to prohibit participation in have absolutely no choice the Desmond Moot Court com- regarding their turriculum, the petition by future first year existence of any opportunity for choice regarding an extrastudents, Karen Spencer informed the faculty that the curricular activity which "has library staff supported the ban real merit as a learning exbecause first year students perience" will somehow defeat took up "too much" of the the faculty's latest grand plan. reference staff's time and I will agree with Ms. Spencer because "they [first year stuthat fall semester first year is dent participants] were all "not the appropriate time for under such great emotional such endeavors" "for some, stress." Last issue Opinion perhaps most of us; but not all. published a somewhat artfully The faculty's decision will edited version of a letter Ms. therefore clearly not "improve Spencer wrote to me. Ms. the first year experience" for Spencer's faculty meeting that group, let us say the fairly presentation and her letter steady seven to ten percent both demonstrate a confused who have competed in recent mind and I offer the following years, who feel the need to reply for publication: pursue excellence in a more inI have shared Ms. Spencer's dependent manner. observation made at that Even granting that "[g]iving meeting that "they [first year year students an improved first Desmond participants] were all background through the prounder such great emotional scribed [sic] sequence of the stress" with as many of the first At meeting. Most tragic, however, is the liklihood that the loss of all year-to-year membership continuity will destroy the Desmond by making it impossible to' administer. In the future, since all Board members will be appointed in their second year, they will have to plan and run the Desmond competition with no assistance from anyone who has "seen how it's done"; all returning members each fall wfll only have seen the Desmond as competitors! I sincerely regret that Ms. Spencer calls my views "shortsighted;" unfortunately, it is clear that the faculty's action is muqh more appropriately described by that term. And I do not take issue with her characterization of the library as a "very good one" it certainly is, and undoubtedly she helps to make it so. Nevertheless, Ms. Spencer's statements and actions, both within and without her field of Research and Writing program, expertise have helped to year participants as I know. They all, also, think her views leads to better second year demoralize a dedicated stucompetitors," I still deny Ms. dent organization, and may of our "stress" are nonsense, Spencer's conclusion that from destroy the Desmond competiand we eagerly await presentaCourt Board tion. And calling such actions tion of her credentials in this the Moot "stands to benefit in the long "an attempt to further the misclinical psychology. run." letter, for Ms. sion of the school," does strike As it Spencer's First, most students who me as and "smug is a well-written defense of a Research and Writing Program, compete already do so in the paternalistic." Nor can I allow and her own and the library's second year. Second, the core her the luxury of somehow significant contribution to it, of first year students, who.do justifying these actions by certainly not very well might not participate referring to her other'outstanthat no one at all if forced to sit out their ding contributions to the the Moot Court Board or me is attacking (hence its near first opportunity, especially if Research and Writing course. total irrelevance to the real they receive Law Review apGlenn Pincus issue the right of adult pointments; Tim Cashmore ex- — • ' — — — President's Corner Coffee And Donuts Alone Are No Panacea to student run organizations (Moot Court, Law Review, BLP, Consumer Mediation). Two stu- dent faculty committees are claiming jurisdiction over the question. The question was first submitted to the Academic Stan- dards and Standing Committee a committee whose function has generally been to decide on the academic standing of individual students. The ASSC voted unanimously, including the one student in attendance, not to grant credit in the future. When the students involved woke up to what was coming by melanie pierson down, they requested that the Academic Policy and Program The stream of consciousness Committee (APPC), which continues The problem of deals with matters of strained Telations between academic policy, take up the students and faculty has not issue. The APPC accepted (ASSC), .. disappeared because we gathered for coffee and donuts in the first floor lounge. No big surprise to anyone. The problem is that there is no natural gathering spot to meet and greet people. The building was designed in the sixties with security in mind so all spaces .. where four or five or more students might congregate were eliminated. What we have here is a structural problem, too ? The hot issue right now is whether or not to grant credit jurisdiction, so both commit- tees are investigating the question. It is not at. all clear that the APPC will come up with a more favorable recommendation, but it will allow students another chance to have their views heard. The conflict, over jurisdiction simply obscures the real problem the breakdown of relations. The bottom line seems.to be that the faculty doesn't feel the quality of work in student run organizations is sufficient to merit gran- — ting academic credit, and pone of them want to invest the time involved in faculty supervision to bring the quality of the work up to the point where it is deserving of credit... ano win situation. By the time this article is printed, the faculty will probably have voted to abolish the proctored exams, putting us all on the honor system. Depending on whether you see the donut or the whole, this can be interpreted as a vote of confidence in the integrity of the student body or as a recognition of the failure of the proctoring system to deter .. the determined cheater. Shift gears next year's entering class at the law school will probably be smaller than the class that entered last fall, and there will be fewer minority students admitted. One of the things to be cut from the budget for next year may be the funding for some of the Legal Methods instructors. Dean Thomas Headrick plans to hire two instructors (one per class, about 15 students each) instead of the four that were hired this year. Due to the number of people repeating the Legal Methods course and some deferred admittances, one legal methods course is nearly filled. This leaves less spots for the new applicants. �Rabbi To Analyze Judicial Role; Jasen To Give American Perspective courts. Judge Jasen is a 1939 graduate of the SUNY Buffalo Law School. He'served on the New Yofk State Supreme Court from 1957. In 1967 he was elected to the New York State Court of Appeals where he presently serves as senior associate judge. From 1946-1948 he held the position of United States Judge for the Third Judicial District in Heidelberg, Germany. Professor Jacob Hyman of the Law School will discuss the Rabbi's remarks on arbitration Rabbi Heschel Greenberg and mediation- in the Jewish law system and will compare American arbitration practice ,with the methods used in Rab- - mikeshapiro binical Professor the Hyman is a former dean of law school. Ms. Jennifer Breger, lecturer in legal studies at the SUNY Buffalo Law School will serve as * moderator. Ms. Breger teaches a seminar at SUNY Buffalo Law School on 'Authority in Jewish Law.' The seminar focuses on the structure and development of Jewish Law as it has been elaborated since Biblical times through Rabbinic interpretation and decisions. It analyzes the processes of decisionmaking in the Jewish legal system, comparing it with the Anglo-American legal system as well as with other religious legal systems such as Islamic law and cahon law. Jewish law is explored in the context of theories of the sociology and anthropology of law and of attempts by philosophers to create a general' theory of a legal system. SUNY Buffalo Law School is one of the few law schools in this country with offerings in Jewish law Judge Matthew Jasen The State University of New York Law School at Buffalo will sponsor an interdisciplinary seminar on 'Rabbis and Judges' on Tuesday, April 15 at 7.00 p.m. in Room 108 O'Brian Hall. Talmudic and contemporary Jewish law at the University of Melbourne. He is presently associate director of the Chabad House of Buffalo and has lectured for eight years in Talmud and Jewish law in the — mike shapiro Norton And O'Brian To Be Joined By Bridge by R.W. Peters Rochester. It is to be a virtual the bridge connnecGood news for the class of ting Clemens and Baldy Halls 1980: the long awaited enclos- Technically speaking, it will be ed passageway between Noran exposed steel structure, ton Cafeteria and O'Brian Hall with a cast-in-place floor and will be completed in late fall ceiling. The whole affair will of this year. be supported by four columns John Neal, vice president of and will connect structurally facilities and planning, admits with O'Brian Hall. Expansion the bridge is going up a bit fittings may be usedr to conlate, but said he is happy nect the passageway with Norcopy of ground has finally been broken on this project. "It was not clear why the construction was held up" in this undertaking, according to Neal. The structure is being built by Le Cesse Brothers of ton. The bridge is part of an overall plan to connect all of the North Campus academic buildings with enclosed passageways.The cost of the bridge is undisclosed. Phi Alpha Delta Law Fraternity Holds Spring Initiation Ceremony department of Religious The program will include a Studies at SUNY Buffalo He talk by Rabbi Heschel has written extensively on Justice Ron Winter presided Greenberg on the judicial role Jewish legal subjects. at the initiation ceremony as of the Rabbi with comments by The Honorable Matthew ten students were installed as Professor Jacob Hyman and Jasen, senior associate judge new members of Phi Alpha Hon. Mathew Jasen. Ms. Jen- of the New York State Court of Delta Law Fraternity, InternaAppeals, will comment on the tional. The Carlos C. Alden nifer Breger will moderate. Rabbi Greenberg's speech Rabbi's presentation-from the Chapter increased its memberwill analyze the process of perspective of an American ship to twenty-nine during prodecision-making, and opinionjudge and suggest similarities ceedings held in the Moot writing in Jewish law. It will ex- and differences with the Court Room on Friday, March plore subjective and objective judicial process in American 28, 1980 at 7 p.m. factors in the Rabbinic judicial process, and will explain the role of precedent in Jewish law. Rabbi Greenberg will describe the historical struction and Naturalization by Amy Jo Fricano Lawyers; Arthur Gellman, ture of Jewish courts and the Oilman and Gellman, Niagara operation of modern Rabbinic The Placement Office will Falls; Dr. Carel Vanoss, Consul courts and discuss the use of arbitration and mediation in be sponsoring three Career for The Netherlands; and Days in April open to all Judge Fieldstein, Federal Imthe Jewish law system. Rabbi Greenberg is a Jewish students. Each session will be migration Court, New York Cilaw scholar who received his held in Room 107 at 4 p.m. on ty. On April 14, Health Law rabbinical education in April 10,14, and 15 respectiveAmerica and France. He is a ly. The programs will begin careers will be discussed. The Rabbinical judge in Jewish with informational sessions panelists will be E. Pitt Smith, District Director, Food and civil and criminal law and has followed by a coffee hour. Careers in International Law Drug Administration; office served on the Board of Regents of the Rabbinical Council of will be the topic April 10. The representative, special proAustralia. Rabbi Creenberg panel will consist of Allan secutor for medicaid fraud; Russ Bentham, vice president was professorial lecturer in Kaye, Association of Immigra- Winter was assisted in the by acting Vice Justice Joe Sverchek (filling in for Barbara Goldberg, who graduated in December), Clerk Barry Jones, Treasurer Claire Fay, and Marshal Jeremy Ball, Gary A. Carleton, Marie T. Carrubba, Deborah L Engelhaupt and Jean E. Maess Second-year inductees included Michael Patrick Clohessy, R. Anthony Ronci, Mary M Nowak. Zablotski, 11. ceremony Walterich and Joseph M. The fraternity also bestowed membership in the Buffalo neth Raymond Artin, Stuart Alumni Chapter on attorney Thomas R. Elmer, a partner in the North Tonawanda law firm of Brick, Brick & Elmer. Following the ceremony, a and general counsel. West reception was given for the Wood Pharmaceuticals Cor- members and their guests at poration; Lewis Russo, -direc- the home of Dean and Mrs. tor, Erie County Medical Headrick. The affair was atCenter. tended by several area atJudicial Clerkships are on torneys, all alumni of Phi the agenda for April 15. Panel Alpha Delta. members will be Professor W. The Alden Chapter of Phi Howard Mann; Robert Fleming, Alpha Delta is hoping to concurrent clerk to Judge Curtin; duct another initiation this sprTina Dolgopol, former clerk to ing for those students' who Judge Elfin, current associate missed the March 28 Damen Morey; Beth Buckley, ceremony. Any interested clerk designate to Judge Curtin students are urged to contact for 1980-81. Winter (Box 563) or any other PAD member. The ten new members in- cluded first-year students Ken- Placement Sponsors Career Days April 16, 1980 Opinion 3 �McCarty's Computer Will Predict Tax Liability While you might easily im- comes up with a residue exagine the practical applicapression which lists the part of does the UB law tions of a can the logical expression and computer What that Q: faculty have in common with predict the taxability of a cor- variable bindings list that produced the true, false or corporate reorganizations and porate reorganization, McCarty's academic passion is much unknown evaluation. a computer in New Jersey? TAXMAN I is capable, of more theoretical. While his A: Professor Thorne McCargoal is to "gain insights about representing and processing ty and his intriguing experiment, "The TAXMAN Project." prevalent patterns of legal the precise rules of the InterThe "TAXMAN?" you ask. argumentation," his larger in- nal Revenue Code. An example We've all had one brush or terest is in "cognition" general- might go something like this: another with this Federal Phan- ly. But for the meantime, he is CORPORATION is a template with an instance named EXXtom, if only in our meanderings working the bugs out of his arON. STOCK is a template with through Tax I and our own tificial cognitor. 1040's. McCarty has chosen to start an instance named STOCK-I. But McCarty's TAXMAN with the corporate tax area for isn't a standard issue IRS field its virtue of more neatly strucagent or even Mr. Commistured concepts and somewhat transactions, sioner himself. This TAXMAN standard is, in fact, a computer in New although he envisions a day Jersey. when the same sort of experi"A machine that can do vir- ment might be done for other tually the same job as lower areas of law as well. Corporate level bureaucrats?" you tax, however, has supplied a wonder. "A machine that can more convenient area in which decide if a given transaction is to "model a sharply focused taxable? Why am I torturing and relatively self-contained myself with all the murk, fuzz body of law within the formal by Amy Jo Fricano and grey decisions?" arenas in tax Well, not so fast. Yes, MeCarty is working on such a machine, but it too has had its share of problems with the murk and fuzz of judicial interpretations. McCarty is quick to point out his purpose is not to extract humans from the legal process, but rather to test patterns of legal reasoning. McCarty, who is on sabbatical leave this year, spends his days perched in front of a computer terminal in his study at home. As he puts it, what he does there is to conduct an "experiment in artificial inand legal telligence constitutional law. As is often the case in corporate reorganization, although a "formal" reshuffling of stock occurred, we are told, in substance no change in the interests of any of the parties was altered and therefore should not be taxed presently. In Eisner the rules for determining gain turn out to be conceptually incoherent. So how do you get a computer to account for these vague, amorphous concepts? prototype-plus-deformation model is on the cutting edge o£ current artifical intelligence capabilities. McCarty is one of only two American pioneers in the area. The prototype-plus- deformation system amounts which will restructure a conceptual to a computer program space on its own. McCarty is now working out "maps" between taxable and nontaxable prototypes. Europeans have expressed more interest in McCarty's structure of a computer program," he said. How does the TAXMAN system work? McCarty began from the premise that forms of conceptualization have certain identifiable structures. The system employs the AIMDS language which allows the user to construct a set of "templates" to describe classes of objects such as corporations or stock. Templates are subject to a set of "relations" which indicate the allowable connections between objects. Thus, the system allows the operator to generate "instances" of the templates in a reasoning." particular context, while conThe project began as TAX- straining the process by a set MAN I with the construction of of "consistency conditions." "computer models of facts The AIMDS language has an from corporate tax cases" and important component called "concepts from the Internal the CHECKER subsystem Revenue Code" such that the" CHECKER takes a logical excomputer can "analyze" the pression and a variable binding tax consequences of a given list as input, and tests the truth corporate transaction, McCar- of the logical expression in a ty said. given context. CHECKER then The current state-of-the-art OWN is a template with an instance named OWN-I, divided computer model was apparentinto two slots called owned ly inadequate for these highly and owner. OWN would be fill- complex conceptual structures, McCarty said. The ed with the information ACTOR named SMITH who has template had proven to be too PROPERTY named SHARE-I. static and lacked the ability to STOCK-I is further defined by represent purposes. So McCarty set out on TAXconcepts Iike>STOCK, SECURIMAN 11, and fashioned a seTY, or INTEREST. If EXXON distributed its own cond kind of conceptual strucstock to its own common ture which he calls the shareholders, as in Eisner v. "prototype-plus-deformation." Macomber, the formal rules of Stated as simply as possible, the Internal Revenue Code he came up with a more flexiwould tax the transaction. But ble template system to account for this "open texture" we know that the judicial decision found the distribution to problem. Suffice it to say that the be tax exempt as a matter of work than Americans have, since several northern European countries already employ computer systems to determine which citizens are eligible for certain social welfare benefits. According to McCarty, the systems have rather large data banks of individual characteristics (single, married, age, number in family), to which benefit rules are applied automatically. Countries which use these systems have encountered their share of problems with the cruder models they use. McCarty may eventually pave the way for their refinement. Student Bar Association Committee Appointments Finance Admissions and Records Ed Flint* Jessica Hawkens-Creenidge* Sherman Kerner Lew Steele Steve Seener Doug Johnston Ricky Samuel Nancy Mike Wiseman Ted Donovan Fd Fhnt Melanie Pierson Bridfees Charlie Elefantp Marshita Washington Brian Lewandowski Milton T Pat Doo|ey Jessica Hawkens-Creemdge ™ ,""* Pern Htterman - , Distinguished Visitors Forum KathyMcDermot.* Mike Wiseman KCEdgell lim ■ Doug |eff Taylor Leslie Wolffe* Promotion and Tenure Melanie Pierson* MarkSuzumoto ?£s£££ Bill Hayes External Affairs Pat Doolev* leV K erner Bill Hayes U ShermTn . M Cardner n ■ Fkntr f Nancy Bridges _ Steve Butler* i™, Dale Morgulis Scott Whitted Surplus Mike Doran Opinion Jay Baum ~, c*'T* CO WrlBh, Faculty/Student Committees Admissions Committee April 10, 1980 £3s%* Pat Armstrong- Mary JoLittimore (alternative) i Academic Standings and Standing Committee Doug Johnston* Mitchell Lecture Committee Art Ha4h XC EdgeN )udd Ryan Academic Policy and Program Committee Lew Steele* Special Program Committee Jessica Hawkens-Creemdge Frank Colosi Debbie Humphrey Carmen Crullan Milton Carlier Alex McQuiston (alt.) Appointments Committee Sherman Kerner* Laurie Ogden Dale Clark (alt.) Carol Cardner* Self-Evaluation Committee Rocky D Aloisio , , . Student Representatives to Committee Facu| y Members ff, Tav|or Budget and Program Review Terry Barnes Lew Steele Melan.e Pierson Sub-Board, Inc. p'h » T'° Rlch Binkl o \ *- |d,a (alt.) Alan Rosenfl Awards and Commencement TcTvSLeaX* Lew Steele eele M Jay Marlm Eric Lawson Pat Doolev* Carol Lou Maino , Att Hall Ed Northwood , . . , ' Commencement Johnston John Feroleto Chervl Oseekev lav Marlin * Billy Bozzuth Les||e Wo|ffe Levy Steele LouMaino* Steve Seener ■ Ward Oliver 4 r Tern R hll Nancy Caple RahjM earner Edgar Ha ford Otis Addington Athletic and Social Sherman Kerner* Cla e F fv Jeff Taylor r Melanie Pierson* Oliver Young Scott Oak|ey Jon Wa jfc.r (a |t )ay MaHjn Marshita Washington Placement Appointments , l Da e Morgu |j s committee " "™ Mike Par c Library Committee Lew Steele* Rita Michalski Jay Baum Sarkis Hartoonian (alt.) „ !T rZ, ffe eshe Wo I^°" John Ziegler Jl - .., Inquiry Group Student Life Dave White Everett Ho Pkins Mark Pedersen *chair-person �To The Editor: Attica Occurrences Viewed From The Inside To the Editor: The following letter was received by the Prison Task Force, a group of law students involved in prison concerns in general, and issues at Attica in particular. The letter was received in mid-March and relates to the disturbances this past january:~ We the. undersigned residents of Attica wish to call to the public's attention actual occurences from the incidents that took place 1/27/80 here at Attica. We feel that numerous accounts of misleading information have been given to the public. Therefore, we would appreciate it if you would permit us the opportunity to tell our side of the issue. These incidents, speculatively, are a culmination of discord between residents and officers which resulted from the officers' illegal strike of April 1979. There have been various incidents of harassment, physical and verbal abuse, and destruction of personal property by officers since the strike. they attempted to voice their concern. They were also taken from the mess hall. These men were taken to the special housing unit, which is an area for stricter punishment. The superintendent reported, by institution radio, that some of these residents had been injured. When they had left the mess hall they were hot injured, so they must have been beaten in the special housing unit. That practice is common in this unit. As no resident physically harmed any officer, no resident deserved being injured. Following this incident everyone was locked-in their cells for 24 hours a day until 1/30/80. The incident of 1/30/80 involved about four residents of the total population of 400-500, again in the mess hall A resident was chasing another resident around the eating area. The one being chased attempted to exit the mess hall gate but officers closed it; he continued to run around the mess hall. A sargeant and officers were running behind these residents and cornered them off. The sergeant's hand was cut reaching at a razor blade in one resident's hand. Other residents were moving out of the way. This was when about four cannisters of tear gas were fired, causing panic, injury and confusion. About five minutes afterwards we were directed to the yard, out in the bitter cold. We had no winter coats on; some had only tee-shirts on. We were left in the cold for an hour or more. We were finally let inside, ten at a time. Officers were lined up throughout the halls. We were jabbed with clubs, shoved and called vile names. Officers repeatedly said that they would get us. Everyone in the institution was locked-in The The administration has prevented the reporting of these incidents by refusing to allow residents to report officers' misconduct to the Mason committee. The superintendent has ordered that all complaints involving officers' misconduct be submitted to him. Complaints of misconduct have been consistently ignored. Our efforts to peacefully redress these matters and other legal issues have been perpetually obstructed. The incident of 1/27/80 involved two residents having an altercation in the mess hall. While they were being taken from the mess hall an officer jabbed his club into one resident's back. Other residents noticed this mistreatment and next day over the institution's radio the superintendent termed the incident a "mini-riot." Some residents were let out two days later to serve food and give out hot water. This indicates no real riot or crisis. The of classification "mini-riot" was to justify a conspiracy for revenge against the residents. New rules were suddenly implemented to frustrate us: curteins were to be taken down, no glass jars were allowed, residents were to stand at the bars'for morning and evening count, and no talking was allowed while we were in formation. These rules were not posted in a directive, nor printed in a rule book as required by law. On 2/2/80 various blocks of inmates were not fed, windows were opened, water was shut off, as was the heat and electricity. The superintendent announced that officers would be around to take everyone's glass jars. Food stuffs in the jar had to be put into something or forfeited. Some jars were put in the galleries. From 2/2/80 until about 3/2/80 residents were taken from their cells and locked in the special housing unit. Many were physically and verbally assaulted; their heads, backs, legs, noses and feet were in- jured. Adequate medical treat- ment was not received for weeks. Prepared medication was given without a medical exemination. We were locked in a cell stark naked forfour or five days. We had to sleep on dirty mattresses and pillows, without sheets or pillow cases, end cover our bodies with filthy blankets. Some residents had slept on the bare steel bed because they were not given a blanket, mattress or pillow. We were deprived of soap, toilet paper, towels, wash cloths and tooth brushes and paste. We were not allowed to correspond with anyone until 2/7/80. We heerd men being beeten, and we saw merj being beaten. We were not told until almost two weeks later why we were le(t in these cells, completely befuddled end in fear for our lives. Some of us were sentenced to the special housing unit for long periods of time and some residents with the seme or similar charges of refusing to stand for the count, creating c disturbence, ettempted assault, threats and inciting others to riot were sentenced to their regular cells. We in the special unit had not been told why we could not also lock in our regular cells. We were denied rights and privileges granted to those placed in their regular cells. We were disallowed outside recreation, use of all personal property, earphones, purchasing food from the commisary, access to law library clerks, grievance and liason representatives and clergy from our religious beliefs. We were locked in for 24 hours a day. There is an attitude by the officials of total lack of concern for us. We challenge the administration to make a full disclosure. We request a Congressional hearing or in the alternative, to meet before an impartial representative body. We can prove that the administration has contrived to violate the public's constitutional right to know the truth. We ask that all information concerning this matter be accessible to the public. Lawrence Brown #78-Dl9, Nathan Lewis #79-A1322, Pedro Arroyo #73-A5650, Martin NeaIγ #78-A4OlO, Melvin Perez #78-8934, lack Sweet #78-D1657, Hector Cortu #76-A1993, V;ctor Santiago #78-C498, I.C. McC.rary #74-A3931, Frederick Curl #77-C687, Ali Muhammad #72-A1206 On March 27, second-year student Edward M. Sinker gave a lecture on the Main Street campus. Sinker, who was a staff consultant to the House Select Committee on Assasination, gave a lecture entitled "The Assasination of a President: Who Ready Killed JFK." Ricky Samuel, Jr., a third-year student who attended, said, "Sinker's lecture was informative and interesting. His delivery and rapport with the audience was extraordinary. It's too bad this lecture was not held in the law school." BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS Knowing how to write answers the way Bar Examiners want to see them written can make the crucial difference. Hundreds of students from New York law schools have been convinced that what they learned at THE KASS PROBLEM ANALYSIS CLINICS was essential to their success in the Bar Exam. , VISTA, Volunteers in Service to America CALL JOE ADDIS COLLECT AT (716) 263-5896, OR WRITE PEACE CORPS/ VISTA, 317 FEDERAL BUILDING, ROCHESTER, NY 14614, ATTEND THE FIRST CLINIC-ABSOLUTELY FREE-on June 14, 1980 Clinics will run on six Saturdays, starting June 14, at SUNY/Buffalo. FEE: 895. Second year students can attend our June 1980 and June 1981 series upon the payment of only one fee. A TOTAL OF 16 DIFFERENT, VERY DIFFICULT ESSAYS WELL BE COVERED IN EACH SERIES. Playback tape for the first clinic will be played on April 12, 19 and 26 for all in- «•• terested students. Look for notice of time and room. For further information, contact Buffalo agent at 883-4059 or KASS PROBLEM ANALYSIS CLINICS, 27 William St., N.Y.C. (WH3-2690) — April 10, 1980 Opinion 5 �. Something For Everyone .. , ,: -.. , • ■■ ■; : ■ iip: ■■: ■'■■■-■■ '■■ I'ph [ 1 Jlltt'l 1 dV, I\V\ lie '•' I produced m m\onr c ould i-\| 't'< I t mm perfoimam c I ■..■ ■ me less r end iti on s t)t ■■, t .. ■■,■".■■, ihi ■■-'■ i|i ilden oldie ■'I -\< Petticoat Junction, it's. liu'i'ii ■ i and 1 he Bcu'iK Ilillbillies. there was something foi e\.ei\one. sane oi derancied, s« ibei oi iir Link. Ill,' e\en i n I began with Oscar-deserv mi] pi-rfi b\ "in beloved propert\ lessors ! humas Headrick and William Greinei. Fheii act provided all in attendance with a tiue understanding ol the trauma behind the Buffalo Model. As the eveninc) progressed oui souls were saved In d passionate pneachei s plea for us to nevei abandon the Good Book. Rumor has il thai this, unknown preachei is spearheading a ampaiqn !o reform those blasphemers Kenneth Jo\ce and Louis DelCotto. [he sex s\ mbol of the '80s (look oul Bi Derek) Howard Mann was tht overwhelminc] hoice ol tin boisterous crowd loi I lii ■.;■■■:!.] : ii i ■ , , , Law Revue 6 Opinion April 10, 1980 . h, ~--. not I '■•■ tfssi ii Mann iii i M iwd with his i ,i[hiuiinnllul ; ,s. •: l-< ': ': ■■•■;"■ i|J!l ..•..•.•-.■.',.■■ \e,]l S stlOW W.Ss d It'SLjl! ot tile dtid dedi< Jl m>n bs the v i itcis. : [his hoi k Vale Iju C'Dtc nMi*>k i i ptlssii HUite i ■ ji lormois rind otht'is without whom this '' II • , event ptobabK vvoukin I li,m- luip; ■■■■■! h the spirit ( I a (jreat Ii ddil ion. ■ >vi nw ■'■ ot ceremonies Ken lurek. Ken Pot ii< i i .nut R k\ Samuel dqain did ti iniilu job. lii'in next \eai will I" ditfi< nil Replai I ;,•!( otto and ompans I eminded us tluit there is more to lite than the Qoi id Iv n >k .. the band was funtasl i> Nam ■. l aple Iri 11 Rahill and Leslie VVolffc s time and el torts behind tile si enes Here e\ idem i.'d b\ . ' mil t c . . the show s success. Until nexl \edi Dean Headr'u k thanked all who worked tor. participated in and came to I aw Revue.in a lettei submitted to Opiriinn. I h inks lor ,] fine evening and the sense i it community it brought and left loi all ol us to enjo\. he w i ote. �Pep Talk Pep Talk Puts Neck On Line And Foot In Mouth by Joe Peperone Yes, Virginia, Marvin Miller is a genius. Miller, the attorney for the baseball Players Association, has threatened to hit the team owners right where and when it hurts. By threatening a player's strike not at the beginning of the season, with its traditional low * attendance and cold weather, but on Memorial Day weekend, traditionally a big money-making time for the owners, Miller is hoping the few predictions for the possible 1980 baseball season. Will the team I love to hate, the Yankees, come back from their disasterous 1979 campaign to win the American League East again? Unfortunately, the answer appears to be yes. Owner George Steinbrenner has once again reached into his seemingly bottomless pocket to neatly patch up what few holes the team had. j Two of the most important acquisitions are Rupert Jones in centerfield and catcher Rick Cerone. Both acquisitions will help the Yanks win many of those one run games they lost last year during their swift fall to fourth place. Two possible, question cond baseman Lou Whitaker. Inexperience will be Detroit's enemy. Manager Sparkey Anderson will have his work cut out for him to keep things in working-order; if he can, the will be a team to watch. Baltimore, last year's surprise team, still has the strong "pitching able to carry a team by itself. They also still have Earl Weaver, perhaps the best manager in baseball. But the Birds have major weaknesses at shortstop and second base, Tigers marks, however, for the Yankees are at the mound and at shortstop. It is doubtful Ron Davis (14-2) and Tommy John (21-9) can match their 1979 records, and Luis Tiant (13i8, making a repeat as € astern owner's fear of losing those big 3.90 ERA) may not last the year Division Champions even too profits will "motivate" them to as a starter. As good as much for one of Weaver's resolve the dispute this" month. "Goose" Golssage is, the patented miracles. He's probably right. Though it seems that Yankees can't rely on him for Working on every game, as much as they everyone deep down roots for , the season will end sometime would like to. ■ perennial baseball s At shortstop, the Yanks need bridesmaids — the Boston Red in October and not sometime in May, I shall put my neck on much more than the meager 33 Soxs — it appears as though the line (and my foot in my RBl's they received from they will have about as much mouth) .and use my inborn Bucky Dent last year. Dent has chance to win the division as I mental perception to make a had a good spring in Florida, have of salvaging Tax 11, both Record Rack Briefly: Five New Albums Reviewed by Mike Rosenthal Briefly ... - Get Happy Elvis Costello arid the Attractions While it is appreciated that Costell has given us a collection of twenty new songs on one album, and for $7.98 suggested list price no less, it would have been -more appreciated if he had pared down the number of songs and more fully developed the rest. The average length of these songs is just slightly more than minutes, barely long enough to get into the >song. This is especially hazardous in two the case of Costello who has always layered his songs, used obviously thought out lyrics which were not easily discernable and were not printed, and has not been conventional in either his approach or the product that he releases. A few of the songs seem especially worthy of more attention than the listener can give in such a short period of time. Most notably these include "Opportunity," "King Horse," and "Motei Matches/ After an album as perfect as Armed Forces, this is a very sadly disappointing album. - will more than make up for the loss of Nolan Ryan. Texas should take second place, in no small part due to the fact they have a new, presumably more rational owner than the colorful but in- ept Brad Corbett. The Rangers have solid pitching and catching and no major weaknesses. If the players are allowed to play instead of hav- ing to participate in a soap opera as they have in years past, this may be the year that Texas finally reaches for the top. Kansas City appears to be going the Boston route, falling from their accustomed place as legitimate contenders. Pitching, or rather the lack of it, will be the major culprit as the Royals fall to third place. In the National League East, I'm going to go out on my biggest limb and pick the Montreal Expos to avenge last year's near miss and capture the division. The acquisition of Ron LeFlore to an already explosive lineup should provide the team with the runs it needs. If the starting pitchers have good seasons, the first snow postponement in the history of the World Series is a distinct quired Nolan Ryan (16-13), all threats to win 20 games. The Astros back them up with a solid outfield (all starters batted .287 or better last year) and a strong infield. If the starters live up to their reputations, Houston may walk away with the division. Cincinnati should finish second. Replacing Joe Morgan will be a problem, but the rest of the- infield is outstanding. Los Angeles, which finally entered the free agent market to firm up their pitching, should also challenge. Their only problem is age,'but if the veterans play as they're capable of, it will be an interesting race. Ed the length of their cuts so are lacking the specialness they will probably receive that marked Heart's first rock more, of the radio exposure hits "Crazy On You" and needed to make a group suc- "Magic Man." They are all cessful. Not really for anyone competent. However, they do other than Rush fans, though. not possess that magic that them from the rest of FIRST Ray, Goodman and Brown — separates the on the market. The product LAW SCHOOL SPRING RUN Ray, Goodman and Brown are almost completely Side one of this album con- ballads lacking. The few that do ap3:00 p.m. April 11 tains some of the best soulful pear are the highlights of the Start and Finish in front of O'Brian Hall cursinging available in ballad Heart should realize Distance 2.3 mMes rent music. The three part har- album. that with the exception of a and joggers Runners of all levels of ability of which used mony this group, songs, -ballads are what are encouraged to enter. to be called the Moments, is few not they do best. They unmatched by any other group be overlooked as should they have The average times of the first five students to finish around today. on this album. Save your been will be compared with the average time of the first nowhere more This shows money on this album, unless five faculty-members to finish to determine who are than the acapella portions on you are a died-in-the-wool the better runners so give it your best effort! three of the sides four songs. Heart fan. Furthermore, the informality of the effect brought about by Cinderella having some talking in the background during the acapella parts adds a unique Oh, Cinderella! Cinderella! Have we danced our last? and interesting effect to the Will ii all be over when midnight comes too fast? sound of the album. However, a row using the three songs in Your entrance at the ballroom will never be forgot. same technique makes the And where I first embraced you Cupid marked the spot. Had style wear a little thin. The room was filled with people, but none that we could see, \ these songs been integrated For else me. nothing except you mattered ft and >r disco with the purely mediocre I kissed your lips and time stood still this\much I remember. songs on side two, the album Your warm embrace did chase away the cold winds of November. of better soul would be one the And up above the angels sang in throngs of merriment albums on the market. NeverTo see their prince and princess bound in such strong sentiment. for a nice theless, it still makes addition to the collection. But suddenly the clock struck twelve and you were out the door, Chuck Fun And Games And a lowly frog did mark the spot where the prince had stood before. Mangione (For a prince is but a toad until he finds that princess This is the first nonWho'll free him from his bondage with her sweet caress.) soundtrack, studie album for Your prince in shining armor waits and prays for your return. Mangione since Feels So Good. Your lips to quench the fire that in his heart does burn. The music here is pleasant but Will there be yet other ballrooms and further sweet embraces? offers nothing new. If you liked Or must we watch the seasons pass from very separate places? Oh, Cinderella! Cinderella! Did we dance our last? Feels So Good, you'll like this too. .'■"•;> Will we have a future rather than a past? — ... — — — Rush The success of this album is particularly puzzling because it is not anything very different from what Rush has done many.times in the past. They have a unique sound and do what they do well, but they are Heart not a particularly interesting Bebe Le Strange The rockers on this album group. Yet, they have shortenPermanent Waves possibility. Pittsburgh, though still strong, won't be able to repeat their storybook finish of last year. It's too much to expect Willie Stargell to have another stellar season, as well as their pitching corps, suspect before the World Series, to win the' games necessary,to take the division again. Ninety-eight wins won't be enough this year. The Philadelphia Phillies, even without the rash of injuries that destroyed them last season, will find it hard to struggle to obtain the division crown they seemed destined for just one year ago. The National League West has enough quality pitchers to stock -the whole majors. The team with the hurlers who pro-. duce this season will be the one which will win the division. Houston appears to be the best bet. Their staff will consist of Joe Niekro (21-11), J.R. Richard (18-13) and newly ac- said facts that must grieve Professor Joyce to no end. The Bosoxs appear to have Lynn and* Rice and little else, and will probably fail to fare as well as they have in years past. In the American League West, look for California to year, but I'm going to optimistic and pick them for a repeat. The acquisition of Al surprise second place finish. Cowens from the Royals, the The Tigers have good young continued improvement of catpitchers even without the Bird, cher Brian Downing, and an injury-free year for Rod Carew and a solid infield led by se- and if he keeps up the pace, and the pitching remains strong, it's hard not to see New York at the top. of the division come October. Detroit can finish anywhere between second and sixth this - • quasi N. Rem ('81) April 10, 1980 Opinion 7 �Basketball Roundup The two stones below, dealing with the Fifth Annual Law School Invitational Basketball Tourna-i ment, are alternative examples of news reporting. One article was written by a participant in the J tournament. The otherarticle was written by a practitioner of "gonto" journalism. The stories offerl different perspectives of the same event. ' Last Minute Team: Close, But No Cigar Buffalo team kept it close until midway through the second A group of Buffalo law half. Temple's squad, composstudents began their spring ed of some excellent shooters recess Springfield, and good balance between a in Massachusetts representing strong inside game and a very the law school in the Fifth An- competent running game, pronual Western New England ved to be too much for BufLaw School Invitational falo. Final score: 89-74. Seniors Basketball Tournament. The Jerry Citerja, Ricky Samuel and by Fran Turner squad, hastily put together Fran Turner all played well for through the efforts of Sherman Buffalo. The following day, after a Kerner, received what was proquick "at berth tour of the Basketball large" the last bably in the tournament thanks to Hall Of Fame, in Springfield, some quick arrangements and Buffalo took on Pace University Law School in the losers' support by the SBA. UB played Temple Universi- bracket. Aparently not picking ty Law School Friday night up any useful tips from Dr. after travelling all day from Naismith, Buffalo lost again. Buffalo. Mainly through the of- Bright spots for Buffalo in the fensive efforts of AYthur Car- second game were Vince finkel and Winston Ellis the Phjllip's ball control, Rocky D'Alasio's hustle, Sherman Kerner's scoring, Stuart Ball's shooting and Dave Nelson's strong rebounding, all of which kept Buffalo in the game iill the end. The tournament, won by NYU Law School, was well organized (with a few wet exceptions) and the participants were a friendly crowd. Western New England proved to be good hosts (beer blasts, banquet, etc.) and once the Buffalo squad got the laws of the state down (not an easy task!), it turned out to be- an en joyable weekend. We all hopf next year the students here again will send a team to this tournament, and perhaps even bring back a trophy or two. Buffalo Team Busy On And Off The Court 11 hour drive to Springfield, Nelson was suddenly gripped the vaMant ten found with patriotic fervor, and UB law school was able to themselves immediately began bellowing out the Nafield a team and compete in thrown up against a crack tional Anthem. His stentorian the Fifth Annual Law School Temple squad, composed ex- delivery drew attention to the Basketball Invitational Toi/rna- clusively of "Big Irish Guys." UB squad, and dark mutterings ment. The event, held over spr- Coach Kerner opted to lose the were heard from the direction ing break at the well groomed opener, so as to spare his boys of the Harvard table. A brawl by R.W. Peters , campus of Western New England School of Law in Springfield, Massachusetts, drew twenty-five teams from the Mid-Atlantic and New England regions. Participating, amongst others, were Harvard, Pace, St. Johns, Temple, Cornell, Pittsburgh, and NYU. Representing UB at the competition were Rocky "The Enforcet" D'Aluisio, Jerry Citera, Arthur "Hollywood" Carfinkel, Sherman Kerner, Winston Ellis, Stuart "Big Guy" Ball, Dave "Stretch" Nelson, Ricky Samuel, Fran Turner, and Vince Phillips. The Buffalo contingent did not fare well on the court. Exhausted, both mentally and physically, by the hazardous for the rigors of the followirig day's consolation match. However, this strategy backfired when the Buffalo lads found themselves facing a tough bunch of Pace boys, allegedly composed mainly of "Big Armenian Dudes." Having lost "Big Mo" somewhere between the opener and the Seven Gables Motel (where the team was being lodged), the UB squad dropped the second game as well. The somewhat distraught Coach Kerner resigned his position at that point. A banquet was held that evening, but did not make much of an impression on any of the UB crew. However, during opening ceremonies, Dave BPILP Plans Activities Last year several UB law students formed the Buffalo Public Interest Law Program (BPILP). The program supports law students who want to do public interest legal work. In its initial year, the program raised $3,000, which included $1,500 from individual student and faculty contributions and a matching grant of $1,500 from the Student Bar Association. The $3,000 was used to enable UB law students jane Crosby and Vivian Lazerson to work for the Buffalo Legal Ser- vices for the Elderly Project last summer Since last summer BPILP has incorporated and has elected a new board of directors. Cur- rent board members )ane Crosby, Bob Berger, Erik Lindauer, Howie Berger and Art Hall are investigating public interest agencies that would like to have student internsr this summer. In addition, the board is also planning to set up interviews for UB students interested in public interest positions and is beginning a food drive. ROLLER SKATING PARTY! FRIDAY, APRIL 11 7— 11 p.m. at U.S.A. Roller Rink (United Skates of America) 1551 Niagara Falls Blvd. $2.75 includes skates. Bring your I.D. card. ALL LAW STUDENTS INVITED! Bring a friend! Opinion 8 April 10, 1980 ensued, with the only casualty being "Hollywood" Garfinkel, who still weakened by his 11 hour drive of the day before, suffered a massive brain trauma when he was struck by a hurled administsrative law Nutshell. "Big Guy" Ball attended to Garfinkel's injuries and under cover of darkness the UB team withdrew to the Seven Gables Motel Garfinkel is expected to recover, and hopes to lead a revamped Buffalo squad to victory at next year's invitational. Those interested in trying out for the team are sug- gested to contact Garfinkel at the Yogurt Machine, Norton Cafeteria. OPINION ELECTIONS 3:15p.m Room 623 Today ' LAu GH UNTIL YOU CRY! ) The Onion J Lampoon Supplement to Opinion I Submit: Humor I J I « Editorials Photos . Cartoons Caricatures Satire Articles Letters Due On Newstands April 24 Angry Constituents: New Political Force untroubled waters and a carcinogen free environment. Throughout the state, September 23, 1979 Anti-nuclear power and waste legislators are noticing senior citizens, college people and the rally in New York City. mainstream of New York State September 29, 1979 Anti-nuclear wastes rally at West voters taking on the toxic waste problem. " Valley, N.Y. Legislators say this is the issue October 2, 1979 One 1980s. Many hundred people attend chemical of the dumping hearing in Nassau environmentalists have taken up County, N.Y. this new challenge. The Sierra October 5, 1979 Club is one of the leaders of the Anti-chemical dumping care-a-van campaign against nuclear waste. to Love Canal, Niagara Falls, N.Y. NYPIRG is researching and November, 1979 lobbying for clean drinking water Anti-nuclear waste and chemical and many other groups are being dumping caravan to Albany, N.Y. organized to lobby for a safe for legislative session pressure. environment. These events culminate This is a tough struggle. On one organizing efforts which seek the side you have the residents of that actualization of a new political given district inflicted with force: the waste lobby. These chemical dumping. Yet who is people transcend the usual lobbying on the other side? anti-nuclear personnel or Hooker or. some other chemical smokey-the-bear environmentalist. company, that will inevitably These are residents who live in complain that the actions of the areas directly affected by the government are driving them out dangers of nuclear and chemical of business. Many legislators listen to the chemical companies wastes or other pollutants. This is a different type of because there is the possibility of lobby than has emerged in New new jobs; Governor Carey has York State before. The usual consistently said .New York needs lobby group consists of one economic revitalization. Yet what Albany based lobbyist who is the cost of this industrial expansion? Is it that residential negotiates for legislation. This n6w force consists of drinking water will be spoiled for angry constituents who will vote centuries? Will illegal chemical recalcitrant legislators out of dumps be set up in your backyard?, These questions are office. < As Hooker Chemical presently on the back burners of Corporation's omissions continue politicians' minds. But wait a to emerge, in Erie and Niagara year, or even less, until all of the counties, in Saratoga, on Long groups form a coalition. Island and in the Hudson Valley, This will be the issue of the residents are starting to fight 1980s. As more and more wastes back. They are fighting for are uncovered, the residents of that given area will rise to the occasion and fight back. There are presently reports of 260 chemical waste dumps in Erie and Niagara counties alone. Long Island faces a drinking water crisis. Cancer rates are skyrocketing in the distinguished service in the Hudson Valley, and many judiciary and in the areas of scientists say that a cause is private practice and public ser- pollutants in the water. People of vice. Honored this year will be Saratoga and Albany are M. Delores Denman, Everett concerned about mirex and PCB's M. Barlow and Louis J. Russo, in their environment, "tach of Jr. Tickets for the dinner are these districts have similar $15.00 and can be obtained by problems and someone is going to contacting Andrew C. Hilton, have to step in to solve the Jr. (823-4285), William C. problem. Hooker doesn't seem to Hamilton, Jr. (852-5670) or want to face the responsibility; from any of the. Association's the government may have to tax other board members. All are the chemical company and clean invited. up the mess they left behind. Bγ Marc Ganz - - - - Honors To Be Awarded -At Annual Mid-WinterDinner The 18th Annual Mid-Winter Dinner of the SUNYAB Law School Alumni Association will be held at 7:00 p.m. on Friday, April 18 at the Marine Midland Center in BuffaloT The dinner will be preceded by a cocktail hour- beginning at 6:00 p.m., sponsored by Marine Midland Bank, N.A. The dinner will also mark the occasion for the conferral of the Alumni Association's annual awards for 1 to Justin White or Mailbox 298 before April 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-04-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/10/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b16be3e524567661a3b5683b86240df4.pdf fac76756fc25562a9d40e4a91f926c34 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 10 Opinion John Lord O'Brian Halt SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law March 27,1980 Opinion Clinic Restructure Proposed by Bob Siegel Last week the Academic Policy and Program Commit- tee (APPC) met to discuss a proposal to restructure the existing clinical education program. The proposal was submitted to APPC by Professor Nils Olsen, acting cliniodirector. The clinic program currently has two clinic supervisors each would combine both traditional and clinical instruction. These seminars would be cotaught by regular faculty members and clinic personnel. even with diversification, the clinic will not depart from its current areas of involvement since these areas will still be the easiest place to obtain Clinical experience would clients. Even if, however, the emphasis which is currently placed on public interest law is slightly lessened, Professor replace the required writing of a seminar paper. Advanced seminars ing areas" would create a situation where academics and legal practice are combined. Thus far, according to Olsen, overseeing the work of 15 clinic personnel have been students. Olsen said he hopes, overworked and haven't had by hiring an additional super- the time to combine new visor, to reduce each clinic" developments in the law into supervisor's load to 10 their clinical programs. .■ students. This, Olsen feels, will Currently the clinic deals "improve the quality of stu- with areas of education, dent participation" and criminal, and welfare law. The student-supervisor interaction. clinic hopes to expand its ofThere has also been, in the ferings to include clinical past, a lack of interaction be- study in the areas of family, intween the clinic personnel and ternational, and mental health the regular law school faculty. law, to name a few. Various Each have operated "in a members of the law school vacuum," Olsen said. He said faculty have expressed interest he feels increased contact be- in becoming involved in this tween the different sub-groups joint teaching approach. of faculty at the law school It is hoped this expansion would be of mutual benefit. In- and diversification will elicit sight into legal practice would an increase in outside funding be of benefit to the regular law for the clinical program. These school faculty. Bringing clinic funds will, in turn, enable the personnel into the mainstream clinic to offer more seniors an of law school life would opportunity to partake in benefit the clinic program and supervised clinical experience. the law school as a whole by Presently only a small percenpulling the law school com- tage of the senior class has this munity closer tbgether, he opportunity. said. Some fear was expressed by Olsen said needed integra- student members of the APPC tion would be provided by the that in the process of expancreation of "learning areas." In sion, the present emphasis on these areas an advanced public interest law may fade. It seminar would be offered that was pointed out, however, that Marshall Breger pointed out, "the purposes (of the clinic) are training, education and the* production of first class lawyers. Providing services are secondary. Services are the vehicle for training." Some students also felt that the majority of the new clinical experience to be offered could be acquired through outside, part-time employment. "Employers, however, are not interested in the student's education," Olsen said. The clinic is different from employment. "A practitioner won't train you in skills." Olsen feels his proposed clinical program is consistent with Dean Thomas Headrick's "Buffalo model." A clinical/traditional seminar will be the last course offered in a "sequence" geared to educate the student in a specialty and at the same time introduce him to "the realities of practice." The Academic Policy and Program Committee, feeling that the proposal needed more work before further discussion, postponed the matter until a later date. Analysis Tragedy's Legal Issues Unresolved by Edward M. Sinker On February 26th, two Michael A. Mcstudents Clendon and Marcy B. Ford fell to their deaths from an eight floor window in building four of Fargo Quad in the Ellicott Complex. The sensationalism is over, but the — — perplexing legal implications remain. In assessing the legal posture of this incident, the assumption is made, that the three inch thick round wooden "safety bar" usually-secured in front of the window was, at the time immediately preceding the tragedy, missing. The controversial missing safety bar is set 6Vi inches away from the window and its 59 inch length spans the entire width of the window. The major question revolves around whether the absence of the towards the bar. The "safety safety bar was the proximate bar," therefore, would have cause of the tragedy, i.e., had prevented someone 5 feet 4 inCentral Maintenance replaced ches or shorter from falling the bar, would the accident through the window, but may have been prevented. have made little appreciable The bar is set 33Vi inches difference to a tallerperson. In from the floor and would be any event, this would be a level with the hip of a person 5 question of fact for the jury to feet 4 inches tall and the mid- resolve. Two plausible defendants thigh of a person 6 feet 4 inches tall. Since the bulk of a would be SUNY Central human's weight is concen- Maintenance, whose duty it trated in that portion of the was to replace the missing bar body above the thigh area, a and the Ellicott Comlex arsafety bar which is level with chitects, who had a duty to or lower than the thigh area construct buildings free from would seem to serve little design defects. Assuming that useful purpose in preventing a the bar would have made no body from striking the window. difference on the morning of On the contrary, a bar that February 26, SUNY would meets a human body naturally argue that its failure somewhere along the thigh to immediately replace the "inarea would, serve to propel a effective" bar was not the proxbody against the glass when imate cause of the accident. —continued on page four that body is moving with force InMemoriam David Kochery by Amy Jo Fricano through the most difficult concepts with ease, bringing us independent self-confidence and a sense of achievement. When The last time the senior class saw David Kochery, he sauntered into the Moot Court the darkest door loomed Room and began his lecture in ahead, he nudged us through his early morning way. The it, spinning out his straightforclass settled in comfortably ward message in a familiar and quietly as always, ready rhythm. with coffee, casebooks and David Kochery inspired us notepads for another journey to emulate his directness and through Coach's tales of New fair mindedness. When he York Practice. taught us a rule of law, he gave During the break, Coach us a rare gift. He would pause plunked down in the jury box, to examine not only the policy his long arms draped over served by-the rule, but also chairbacks, a lanky leg danglhow the rule affected the ing on the rail. A student leanhuman beings involved. ed over the rail, listening inDavid Kochery's vast actently. complishments were never "I want you all to have a revealed by his unassuming wonderful vacation," Coach manner. He instructed the New earnestly exclaimed at the end York State Trial judges at their of class. annual seminars for sixteen years. He was a member of the A burst of spontaneous applause erupted, echoing in the National Academy of Arhuge room. Everyone felt the bitrators. He served as a staff member sincerity of his wish. We loved him for it, and for much more. for the Program to Train New The next time I went to the Arbitrators, and lectured wideMoot Court Room, Dean ly to various groups on Civil Headrick was at Coach's mike. Procedure and Labor Law. He The law school and the legal was a Permanent Arbitrator for community at large had suf- the Construction Industry and fered a tragic loss at the death seven basic trade unions. In the past several years Proof Professor David Kochery. The audience was deeply mov- fessor Kochery served on the ed, reflecting on their privilege Faculty-Student Relations to have known such a great Board, the Promotion and and compassionate man. Tenure Committee, and the Dean Headrick's comments Academic Planning and Policy about his friendship with Pro- Committee. We know that he will long fessor Kochery brought smiles from all. We pictured Coach be remembered and revered as whacking a golf ball im- a scholar and a lawyer. But pressively from the tee only to most of all, I think we loved end up taking three putts from him for his unpretentious twelve feet. We were willing to presence, and the impeccable wager he had a very polished standards by which he lived. In years to come, all of us poker face, as he quietlyrelieved his opponents of their cash. will have occasion to reflect After all, he was not one to on his uncanny ability to resolve crises, and bring peounderestimate the odds. David Kochery gave his ple together. I trust we will surstudents his deepest respect. It mount those challenges a good was impossible to ask him a sil- deal better, because he was ly question. He guided us our Coach. �Vol. 20, No. 10 March 27, 19801 * Opinion 9 Editor-in-Chief Randi Chavis Photo Editor: Business Manager: ~ Ted Tobias Bob Siegel Michael Shapiro Ricky Samuel Staff: Alan Beckoff, Doric Benesh, Marc Canz, Carol Cardner, Jeremy Nowak, Joe Peperone, R.W. Peters, Mike Rosenthal, Ed Sinker, Karen Spencer. © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, NY. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Help Wanted Our reign as editorial board of Opinion shall soon come to a close. One more edition after this and we go to pasture. A new editorial, of which you can be a part, will take control. Elections will be held on Thursday, April 10 at 3:30 p.m. While all law students can run, and all editorial positions are open, only the Opinion staff has the privilege of voting. Our constitution does not specify the size of the editorial board. This is an annual decision made immediately prior to the election. The editorial positions presently in existence are editor-inchief, managing, news, feature and photo editors, and business manager. The photo editor is responsible for knowing the stories assigned, deciding on the needed pictures, and either shooting them or assigning someone else this responsibility. The business manager's function is to keep the bookkeeping accurate and up-to-date. Vouchers have to be signed and checks have to be written. The business manager is also in charge of soliciting advertising revenue. This money acts to supplement funds received from the SBA. The news, feature, managing editors and editor-in-chief this year worked as a cooperative. All edited articles, proofread set copy, and wrote headlines. At one time or another, everyone wrote something which was printed. Each editor has the additional responsibility of assigning articles to people. The job requires an understanding of human character. You must know who does what well, on whom you can rely, and for how much! The editor-in-chief is in charge of the whole operation. A newspaper has to come out every other Thursday and there's nowhere left to "pass the buck." We currently have an editorial board meeting once a week. At this meeting we discuss the article possibilities lined up and decide our editorial poicy. All six members of the board have an equal say in the paper's editorial policy. Whoever is best able to sum up the board's feelings on the issue in question writes the editorial. To become an editor, you have to be elected by the current Opinion staff. Prior experience is not required; dedication and committment are. At times a considerable amount of work is re- quired. A newspaper must come out. If the law school community opts not to contribute, the board has to work a little harder. This is manageable if the additional workload is divided six ways If board members, however, decide not to pull their weight they become a burden to the other people involved. The above is not meant to scare away anyone considering participation. The work is not half as time-consuming as you may think. Responsibility and dedication must, to some degree, exist. So do deadlines! Opinion is a worthwhile organization in which to be involved. Where else in law school do you get to see the fruits of your labor on a bi-monthly basis. Opinion is the lone student mouthpiece of our law school. It has unlimited potential and is capable of being anything you want it to be. You alone can point it in the right direction. Its limits are your own. 2 Opinion April 27,1980 Spencer Explains Library's Position, Goals To the Editor: Managing Editor Amy Jo Fricano News Editor: Feature Editor: Letters To The Editor Last issue included coverage of the faculty meeting at which it was decided to restrict the Desmond competition to second year students. The following is the major portion of a letter I wrote in response to a first year student's concern regarding the library's support of this decision. I offer it for publication because it explains the library's position as well as its goals: For five consecutive years I have witnessed and supported the Desmond Competition. Unlike my friend and colleague, Mr. Katz, I feel strongly that it has real merit as a learning experience. Without having done a formal study, I would place it as the most effective teacher of legal research in all three years of law school. I maintain, however, fall semester first year is not the appropriate time for such endeavors. Unable to judge its reflection on reality, I still feel the experience of standing at a podium and presenting an argument before a "judge" is very necessary and rewarding. The Desmond competition has always meant a very busy time for the library. Because we see it as a valuable chance for students to learn their way around the library, we have all supported the competitors -as much as possible. We have witnessed their confusion and the pressures they inherit. We have always hoped to be effective in relieving some of the confusion and the pressure. we have remained frustrated with the number of people we do not reach who flounder and/or learn poor research techniques. Serving as coordinator of the Research and Writing program this year gave me the chance to further the library's goal of helping law students learn the specialized materials of their profession. The effect has been that the library has fouhd the Research and But, Writing program to be a more viable and thorough means of achieving its primary goal than the serendipitous nature of our role in the Desmond competition. With the introduction of the two semester Research and Writing program, and more direct library involvement in that program, has come a conflict with the Desmond. As Mr. Berger stated, the law faculty have decided on a mode and sequence, for first year students, i.e., a writing element in the fall and research and oral argument in the spring. The libtary supports this sequence chosen by the faculty. It is rational and, despite some growing pains, effective. It provides a functional and timely structure. The writing element is an important addition to the first year program. The pressures of the Desmond, and I feel that they affect more than the 9% who actually compete, detract from the success of this new element. I also feel that the initial experience at brief writing and oral argument belongs in the Research and Writing program. I think that the Moot Court Board stands to benefit in the long run by having better qualified competitors in their second year who have had their initial experience in Research and Writing. I expect the Research and Writing program to develop a more serious oral argument segment as a result of the faculty's recent decision. My comment regarding the Desmond and an overworked reference staff requires elaboration. By virtue of our number, we are not able to give the necessary individual attention to novice first year students. Repeated mini courses on legal research from ground zero are very time consuming and subject to interrup- tions. Rather than the hit or miss situation of reference assistance during the Desmond which ieaves many students neglected or only partially assisted, our energies can have more far reaching and uniform effect if geared toward improving the Research and Writing program. Giving first year students an improved background through the proscribed sequence of the Research and Writing program leads to better\qualified second year competitors. That you view such a movement as "smug, self righteous paternalism," is your prerogative. However, I do feel it is short-sighted. I view it as an attempt to further the mission of the school. Karen Spencer President's Corner New President Predicts Many Changes .. by Melanie Pierson Hello and welcome to my just a little joke). You're probably asking yourself if a new SBA administration will make any difference in the general course nightmare (. of affairs around here. Ob- viously, it's too early to say, but if I am an effective president, changes will occur. The first problem I want to address is the chronic budget surplus of the SBA. Student activity fees should be spent during the academic year that the fees were imposed. If there are not enough uses for this money, student activity fees should be lowered. I have appointed a special committee to address these issues. Some of the proposals that will be in- vestigated will be to use the money to establish a short- term emergency loan program (Moot Court, Law Review, BLP) for students at low interest and to restructure the clinical rates, initial purchase of Nut- program look like a clear vote shells and Gilberts so SBA can of no confidence from the sell tham at cost to law faculty. students and the funding of This "crisis of confidence" summer research proposals. works both ways. Faculty Any suggestions you might members, losing enthusiasm, have are welcome. Stop by the aren't putting out the efforts SBA office or leave a note. they could be. This is a massive oversimplification of the situaA second issue to be addressed is commencement tion. There are students, faculpreparation. There is a lot of ty and administrators who are hassling over this year's com- putting many hours and energy mencement program. I think into improving the atmosphere that a part of the problem was here in O'Brian But overall, the committee didn't have the scene is not good. enough time to get their act I am going to propose that together. To remedy this, I the SBA sponsor a coffee hour have appointed a special com- from 9 to 10 am every Wednesmittee to start planning for day morning for students, next year's commencement faculty, staff and adnow. ministrators to get together But the greatest problem we and talk. This is based on the have right now is the idealistic premise that most breakdown of the relationship human difficulties can be between the student body and resolved through better comthe faculty and administration. munication. I want to start In conversation with faculty some discussion of this proand administrators, a common blem. If there is enough intheme is the failure of student terest on the part of all involvrepresentatives to live up to ed, some open forums will be their responsibilities. (This held to talk about this crisis of failure was also noted by Opi- confidence. But if the interest nion, in their last editorial.) isn't there, if apathy reigns The recent proposals of the supreme, then there was no faculty to disallow credit for point of my even writing this student run organizations article, was there? �Letters To The Editor , Atleson Memo Reprinted Upon Request To the Editor: Having read the recent article on credit for participation in student organizations, illuminated by a picture of some hirsute fellow bearing my name, I urge you to have the grace to reprint my original, brief memo in full (as well as this note). The point should be obvious neither the thrust nor tone of my memo is consistent with the phrases the author chose to include. In short, I have more faith in the intelligence of your readers. — lames B. Atleson •TO: Academic Stan- dards Committee FROM: Jim Atleson RE: Two Troubling Proposals the "[ have rro knowledge of include such activity, although cheating" portion of most law review and moot court codes. membership may have Although I certainly do not monetary effects later. Again, lack of credit is not wish to foreclose student views and sensibilities, the examina- unknown in the law school tion process is our evaluation world. Credit often adds a procedure, and it should not "game" and anxiety factor (nay, cannot) be designed for which is not valuable. I would the worst conceivable student not think, although I am open behavior. I think our students to persuasion, that any would behave well the organization would be unduly system, after all, is old hat in hampered by the lack of many schools. Finally, as credit. The BLP, for instance, future lawyers, student objec- was the brainchild of Jim tions to "fink" behavior strikes Clute, designed to lie outside me as hollow. of the academic program. Yet, Second, it may be time to later, one hour credit was reconsider Bob Cordon's study given. The Consumer program some years ago suggesting that was designed to provide useful credit be continued for certain experience for students, yet — student activities. Our credit was, for various reasons, - evidence, as you know, is that seen as critical to the program. credit often is the tail that In other programs, the amount wags the dog, at least in cer- of work required for credit has tain organizations. Moreover, varied. In all, the granting of intense pressure is placed on credit seems more intrusive the heads of these organiza- than valuable. I hesitate to foist these items tions as part of their evaluative I realize, finally, that it may upon the Committee, but I role, a role which is basically be bad form to raise such prothink it is time to act on one academic. Indeed, the posals as I depart for a saband at least consider the other. availability of credit may batical leave. But the two This will not be a fully hinder academic interests. For events are not related. As a documented memo, but I think instance, law review members long supporter of the inthe issues are fairly clear. cannot currently work on a dependence of student First, it is time to do away project for a seminar which is organizations and the recogniwith proctored examinations. also related to their review tion of student integrity, I think both proposals need conI have raised work. Bill this many times. Apart from Numerous students and sideration. the expense and logistical pro- other organizations perform blems, not to mention the terri- work which is of academic JBA/jr ble burden on our staff, it is value without receiving — or cc: Breger, Konefsky, simply silly to use proctors for even asking for — credit, e.g., Schlegel, McCarty, Hyman, Joyce, Spanogle, adults. In the past, the faculty Mathew Melmed's fine efforts Heads of Law Review, has been willing to adopt an on the Community Law School. honor code, but students were Some of this activity is comMoot Court, BLP, and Conreluctant — especially as- to pensated, and I do not mean to sumer Disputes Program Opinion apologizes to the following letter writers submitted due to space limitations. whose comments were not published when Cure For Library Vandalism Suggested To the Editor: I have a few observations on Karen article about the library's problems with first year students destroying library resources. First, the problem is obviously not limited to this first year class. Offenders come from all the classes. We were all first year An important aspect of our students and I recall similar legal education is to learn events from our class. The first respect for each other and the year, however, is when we are library. Apparently this lesson first exposed to the law library is not being appreciated. My and many have not left behind suggestion is, and has been immature habits. The most since I was a first year student, severe danger is the prospect that all first year students be that these habits will never be required to spend an allotted time in the library shelving forgotten. books. Even more effective would be to require shelfreading (making sure the books are in order). This ought to be a mandatory element of our ty. The program was a great legal education and there success, due in large part to his should be no need for compencontribution of time and ef- sation. Hopefully this program fort. We thank him very much might foster a better understanding of the problems for his participation in the prothe library has. gram. SBA Thanks Ward Oliver For Death Penalty Panel To the Editor: The Student Bar Association has, voted unanimously to ex- press its gratitude for and apof ,the excellent work Ward Oliver performed in putting together the panel discussion on the Death Penal- preciation Doric Benesh , President, SBA The Assasination of a President Who Really Killed JFK? Lecture by Edward M. Sinker ' Informal Staff Consultant to House Select Committee on Assasination 147 Diefendorf 8:00 p.m. March 27 David F. Abbott ' . GRADUATION PORTRAITS —Third Year Law Students- Friday, March 28: 9 a.m.-2 p.m. Monday, March 30: 10:30 a.m.-5 p.m. Tuesday, April 1: 8:30 a.m. -4:30 p.m. (No Appointment Necessary) JURY ROOM $2 Sitting Fee (deductible from portrait orders) and $2 for your copy of the Class Composite Hidden Value Offered In Duty-Free Liquor by Edward M. Sinker consume in a 24-hour period the amount of duty-free liquor "If you want liquor cheap, purchased. (WARNING: If you go to Canada!" That's the word should state that you will be from the Ammex Tax and Duty staying longer than 24 hours, a Free Shop located at 173 search for luggage evidencing Porter Avenue near the Peace an extended visit may ensue.) Bridge. Should customs refuse to acSusan Pignataro, an Ammex cept your "tale," an event clerk, helped clear up much of which Ammex tells us rarely the mystery in obtaining duty- happens, he will send you back free liquor. to the green trailer (DO NOT Americans must be leaving PASS CO, DO NOT COLLECT the U.S. to stay in Canada for $200) to return some or all of at least 24 continuous hours. the liquor. You should next go Canadians returning from the to the Ammex store on Porter U.S. must have been in Avenue full refund on liquor already returned to the America for at least 48 continuous hours. trailer. Each adult is entitled to one Should you decide to return 40 ounce bottle of liquor per to the U.S. at any time with the trip per month. duty-free liquor, you are legalThose are the rules. Now ex- ly required to report the quanactly how does one go about tity of liquor remaining to the obtaining 40 ounces of his or U.S. customs official and he her favorite distilled alcoholic will assess, at 9 cents per ounce, the tax and duty due beverage? Proceed to the duty-free Uncle Sam (i.e., to preclude unstore at 173 Porter Avenue and just enrichment on your part). place your liquor order with Customarily, no duty or tax is the congenial clerks. The clerk imposed on bottles less than will take your money and issue half full. The savings on liquor is you a slip bearing your license quite substantial. Large 40 plate number. Proceed to the Peace Bridge ounce bottles, not available in (pay toll $.35). On the middle the U.S., of name-brand liquors of the bridge, midway between sell for $3 to $8 below retail in the U.S. and Canada, stop at the U.S. Duty-free calculators, the green trailer marked tobaccos, pens etc. are also "Duty-Free Pick-Up" and hand available at the store as gift the clerk your slip in exchange items. Pignataro said duty-free for your ordered beverage. You liquor is legally available only will keep a gold copy of the for personal consumption slip as customs evidence of while in Canada. While in Canada, why not your intent to export for perstop at the beer store a few sonal consumption. A U.S. Customs official, paid blocks up the road and buy from Ammex monies, is re- some Canadian beer? Molson's quired by law to be present in Brador is a popular malt liquor the green trailer during due to its unusually high 6.2 business hours. His duty is to percent alcohol content. Comcertify that merchandise has parable U.S. beers, by law, canbeen exported by individual not exceed 4 percent alcohol purchasers (i.e., as compared content. A case of Brador sells to wholesalers). He usually will for less than $10 (includes a 5 cent deposit on each of trie 12 not hassle customers. Proceed to Canadian ounce bottles) and may prove customs. Legally, you are re- to be the wisest weekend in- - quired to show the gold slip to the customs official. He will determine, at his discretion, whether (a) he believes you will really be staying in Canada for at least 24 hours or (if Canadian) have been in the U.S. for at least 48 hours and (b) he thinks it humanly possible for you and/or your passengers to ... vestment. While driving in Canada (hie!), you will note "Thankyou, Canada" signs along the Niagara River an appropriate toast to remember as you settle down for the night with your Canadian brew and your 40 ounces of duty-free liquor. Cheers! April 7,1980 Opinion 3 �Legal Implications Perplexing —continuedfrom page one The architect would probably counter with the argu- ment that the effectiveness of the bar is irrelevant given the fact that it would have been missing, due to SUNY's negligence in failing to replace it, the morning of February 26. The architect will attempt to assert SUNY's failure to replace as a superseding fashion, i.e., by immediately replacing the bar. Failing to replace an ineffective safety bar would be no superseding cause. The proximate cause of the tragedy may lie in the fact that due to a design defect the safety bar might have been set too low to be effective. Applying Learned Hand's reasonability of risk formula: if probability of injury times loss is greater than burden of but such attempt should rightfully fail. prevention (P x L>B), the risk is A superseding cause is an in- reasonable and if not foreseen tervening cause which is so is evidence of negligence. substantially responsible for Substituting our variables, we the ultimate injury that it acts have P equals low, L equals to cut off the liability of great. B equals low and, hence, preceding factors regardless of evidence of the architect's whether their prior negligence negligence. The burden of was or was not a substantial prevention would entail factor in bringing about the in- elevating the bar 2 to 4 inches jury. SUNY, acting alone, did to an effective safety level. However, SUNY is not off not have the power to effectively remedy the problem by the hook, for a reasonable incause, Love newly completed complex may have disclosed this unreasonable risk. SUNY would have had a duty to have the architect remedy this obvious design defect. This is a question of fact which must be resolved. No doubt, New York's comparative negligence law will serve to apportion damages according to comparative fault. Applying the Learned Hand formula cited above provides a whole array of grounds for holding the architect liable: failure to install unbreakable glass or unremovable "studentproof" safety bars to name only two. Assuming the_, ineffective safety bar actually enhanced the risk of injury by being so low as to actually serve to propel one against the window when moving forcefully acting in a reasonably prudent spection upon obtaining the towards the bar, SUNY Central Maintenance, in failing to Record Rack replace the safety bar, inadvertently made the window safer. Now try telling that to closest side one gets to a the families of the deceased. by Mike Rosenthal ballad but it is of a faster Billy Joel Glass Houses nature than the ballads for One of the most talented which Joel is known. It is a very songsmiths of the late seven- engaging melody and is perties steps into the eighties formed exquisitely. It also without any trouble what- works as a pleasant change of by Joe Peperone soever. He has for a long time pace from the two rockers on taken over the crown once either side of it. Times have changed since I "It's Still Rock 'N' Roll To held by Elton John and Paul McCartney as the most able Me" while a lot of fun also was a lad. I remember when craftsman in terms of writing serves to express Joel's opi- Willie Mays, Hank Aaron,~-and and performing worthy pop nions of new wave, rock critics, Harmon Killebrew being the and teenage magazines. His "best" baseball players active songs. at the time received the And unlike too many artists, points are all well taken. The last cut on this side is best salaries, approximately Barry Manilow most, notably, Joel has been able to construct arguably one of Joel's best $100,000 a year. One hundred his immediately recognizable cuts ever. "All For Leyna" is thousand dollars for one music without sounding the one melodic hook twisted, season of baseball was seen as same all the time. Every one of turned and played with and a mark of success, given to a Joel's albums has a somewhat certainly not played out. The future hall-of-famer. In 1980, however, things are different style and sound piano playing is reminiscent of about it; yet each and every Joel's classic "Angry Young a little different. If you can hit one of them- has that un- Man." It carries the song in a .230 and play every other mistakable Billy Joel imprint. strong, forceful manner and is game, you too can make Glass Houses is no exception sure to become a classic in its $100,000 per year, and if you can win fifteen games a year as to this either. The sound is own right. "I Don't Want To Be Alone" a pitcher, and only lose foursomewhat rougher, rawer and more rocking. It seems to have and "Close To The Borderline" teen, you can actually rake in a strong new wave influence on side two are both very one million dollars a year. This is not a discussion but it isn't new wave and it engaging, playfully teasing rockers, while "C'etaitToi (You about alternative careers, isn't imitative. The first single and first cut Were The One)" and "Through however. In a few short weeks, the 1980 baseball season will is "You May Be Right." While it The Long Night" are very pretis far from the strongest cut on ty ballads. "Through The Long officially begin, and then again the album it does indicate the Night," the album closer, is the it might not. The Players direction that the majority of closest the album comes to a Association and the major this album will follow. He is true ballad in the league of league owners are now engaged in bitter contract negotiatalking tough and his band is Joel's ballad classics. However, the gem on side tions, which, if not resolved tight and strong. "Sometimes A Fantasy," the two is without doubt the ir- soon, may lead to a player following cut, is an amusing resistable rocker "Sleeping strike, as occurred in 1972. The fans, though, have an song about an obscene phone With The Television On." With call. The chorus, full of one in- a melody that continues play- important role to play in this credible hook, is irrepressibly ing in your mind long after the game. Both sides are counting catchy and begs to be sung song is over, it is an excellent on the fans' sympathy, to use as a bargaining point with the choice for a future single. along. not other side. The owners hope disappointed has The next three songs on side Joel they can successfully paint the one are three of the four and has continued his outstanstrongest cuts on the album. ding record of making perfect players as greedy children, holding out for hundreds of "Don't Ask Me Why" is the albums. thousands of dollars a year while inflation eats away at the First Annual average fan's paycheck. The LAW SCHOOL SPRING RUN •players hope they can portray Billy Joel Has New Hit — — that you're out there somewhere I know you exist Hoping Someone will soon hear our prayer: — - please don't be long. Hasten to me time I'll try to be strong. Until that I know I love you and that I always will. This emptiness I sense only you can fill. Has your shadow already crossed my door? Or have you a face I've never seen before? More than once I thought you were she, Until your voice I heard beckon to me: "Hold on, my love, she is not the one. And shed no tears, for life's just begun. How could you find what you're looking for By staying with her and searching no more? Is convenience enough to give up the quest For a lifetime of doubts if this love's the best? The answer lies in the very question you pose No need to compare, when true love one knows.'" .. — — So show me The Sign that special glow in your eyes, and will realize Then I will know That on a foreign shore near an uncharted sea Once sat a young lady who had waited for me. quasi N. Rem ('81) Ramblings OfA Disillusioned Man Postponed until Friday, April 11 This will give all participants more time to get into shape! Distance: Approx. 3 miles Location: Start and finish in front of O'Brian Beer Provided Opinion you In the midst of a world yet unexplored, I wait for of a clue. search in strange of faces seas Pioneering Pep Talk — 4 . . . Future Tense April 27,1980 — the owners as corporate barons, taking advantage of young kids green behind the ears, and raking in huge profits which come from record attendance and lucrative television contracts. Personally, though, I don't give a damn. It's getting depressing to pick up the sports page after a hard day at school and read about law again. Just this week I've had to read about baseball negotiations, the City of Oakland filing an eminent domain suit ultimate profit by the owners, and the ultimate salary by the players is taking away from or beauty whatever psychological satisfaction sports possesses for an "in- dividual. The fans, of the Oakland Raiders, I suppose, truly "love" their team. They have sold out the Oakland Stadium for the last fifteen years. But since Oakland owner Al Davis has been offered a "sweeter" deal from the city of Los Angeles (after their team was offered a against the Oakland Raiders to sweeter deal from the city of prevent them from becoming Aneheim, and moved there), he the Los Angeles Raiders and up and moved the team to NCAA allegations of forged L.A., leaving Oakland fans to athletic transcripts and watch San Francisco games on violations. The end result of all these legal battles is the realization by the fans that sports, which was once an escape and an enjoyable relaxation, is just a big business, with one objective recruiting — to make money. And guess from whom the money will be made? Us the little people who dish out the money to watch a game, only to realize that the player we payed to see is sitting out the game because he wants his contract renegotiated or has — demanded to be traded. Despite who "wins" the current baseball contract talks, the fans will pay in the end, through_higher ticket prices or by losing interest in the constant squabbling which surrounds "big-time spdrts." I don't mean to bitch and complain, but it seems as though the quest for the BLP OPEN HOUSE Room 724 9:00-5:00 Wednesday, April 2, 1980 Refreshments television. The San Diego Clippers of the NBA used to be the Buffalo Braves, who made the playoffs three years in a row and were among the top three teams in attendance in the league. Their owner found out that he could trade his best player, not for another quality player, but for a mediocre one and two million dollars. He took the money'and sold the team. As attendance plummeted, the owner threatened to move the team. Buffalo fans were able to keep the team in Buffalo for that year, but by the next, the team had become so bad nobody really cared. The owner "swapped" the Braves for ownership in the Boston franchise, which he said he "always wanted to own," and the new owner moved the Buffalo team to San Diego because he liked the weather. So it goes. I suppose these are the ramblings of a disillusioned man, searching for heros in the age of Ronald Reagan, but I can't help it. I just wish Willie was playing again. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-03-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/27/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e09817b1a3254925fcd28e2b3f136ada.pdf 3817e8f429214ac855358fa8c58800e6 PDF Text Text First Year Participation In Moot Court Banned by Bob Siegel The law school faculty voted last Friday in favor of an Academic Policy and Programs Committee (APPC) proposal to prohibit first year students from participating in the Desmond Moot Court Competition: A major concern during the discussion was the issue offirst year students missing classes in order to research and write their Moot Court brief. Moot Court Board Director Tim Cashmore argued, according to information compiled by the Moot Court Board, that the average first year student only missed three classes due Tim Cashmore Moot Court Board Director balanced against the value of improved research and vocacy skills. The argument was rebutted by the faculty assertion that missing three consecutive law school classes may have a devastating effect to the competition. This, on a first year student, Cashmore said, must be especially as the fall final ex- Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 9 hand, said he felt the small simultaneously was felt to be Cashmore also asserted that quantity was a consideration. too much for the average first a very small proportion of the "Should we bother ourselves year law student to handle. In first year class competed. Last with any group of 20 to 25 peo- addition, the research and semester, only nine per cent of ple who wish to be self- writing course was designed to the first year class actually destructive?" he asked. There ■teach brief writing and finished the competition, he was some sentiment displayed research techniques during the said. This statistic does not acagainst being overly paterspring semester. First year count for those students who nalistic. students competing in the fall invested valuable time in their The law school library staff would circumvent this plan. research before becoming was in favor of the proposed The alternative of running disheartened. change. Marcia Zubrow said the competition for first year Professor John Schlegel first year students did not have students during the spring responded with an argument enough experience using the semester was not considered valuing quality over quantity. library and thus, do not use its feasible. The majority -of While few students may miss resources appropriately. Karen upper-division specialized classes, the students who do Spencer said she felt this competitions, including the are the "best students," he resulted in an over-worked Mugel Tax Competition, are said. This might prove disrup- reference staff. held during the spring tive to classroom discussion. With the expansion of the semester. A large scale first Non-competing students might research and writing course to year competition at that time be adversely affected. a full year, two major writing would be impossible to adProfessor Katz, on the other efforts occurring minister, Cashmore said. amination period nears. Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 State University ofNew York at Buffalo School of Law March 6,1980 Pierson Elected New SBA President by Doric Benesh Second year student Melanie Pierson defeated first year student Orest Bedrij in the race for Student Bar Association (SBA) president last week. Pierson's 153 to 89 margin given her the Board's executive position for the transitional term of office which was recently approved by the student body. It runs until September of 1980. managed to garner only five candidates for six positions as directors. Each of the five candidates, quite naturally, won. They include: Arthur Hall, Jeff Taylor, Lou Maino, Doug Johnston and Milton Carlier. Elected b\ write-in was Steve Seener. Besides the presidential race, the only real contest was among first year students. Twelve individuals ran for six positions. Those elected are: Perri Fitterman, Edward Flint, Nancy Bridges, Bill Hayes and Dale Margulis. Tied for sixth are John Feroleto, the only en- signatures together with a twothirds vote of the students of that director's class or the en- tire student body if an officer. The final provision which was defeated had been added to the ballot to clarify the student stand on a related proposal in February's earlier referendum. In the previous referendum, students clearly stated they did not want SBA to bind student representatives to faculty and university committees with a two-thirds SBA vote. The proposal defeated last week would have allowed SBA to bind student representative's votes on faculty and university -committees with a majority vote of SBA. Only two provisions receivIn addition to the elections ed the necessary two-thirds for officers and directors, the vote to become part of the remaining issues regarding SBA Constitution. The first constitutional amendments clearly expresses the student's were placed before the student intent that a quorum be prebody. Once again, the student sent for SBA to conduct its body has strongly voiced its business. The second provision provides preference for filling vacancies approved a on the SBA board by election and not by appointment. The students defeated the proposal which would have given SBA the authority to'appoint, by a majority of the board, persons to complete a term of office which is 48 days or shorter. The second provision defeated by the student body would have provided that a law student may run for more than one position buy may not hold more than one position. J Ted Donovan The third provision which New Third YearDirector the voters defeated would mechanism for referenda for have liberalized the process by any issue confronting the law which SBA officers and direcschool student body. The contors are impeached. As in the stitution currently provides for such referenda only with past, impeachment shall re quire a petition containing 25 regard to amendments to the per cent of the student body's SBA Constitution. cumbent, and Matthew Modica. A run-off election will be held in the near future to settle this cohtest. Melanie Pierson New SBA President Other persons elected to fill SBA officers positions, until September 1980 are: Pat Dooley, Vice President; Jessica H awkins-Creenridge, Treasurer; and Steve Butler, Secretary. Each of these individuals ran officially unopposed, although write-in campaigns made a weak stab at challenging them. / A third year director vacancy existed because Dwight Wells resigned this past semester. No third year person's name was placed on the ballot, but Ted Donovan, retiring SBA secretary, was elected to fill Well's term of office by write-in. Following the third year class's lead, the second year class had a low turnout and . James Atleson, originator of ASSC proposal Student Organizations May Be Denied Credit by Carol Gardner The Faculty-Student Committee on Academic Standards and Standing (ASSC) voted unanimously to propose to the faculty a rule to deny academic credit to students for participation in the Buffalo Law Review, Moot Court Board, Buffalo Legislation Project or the Consumer Mediation Service. This rule will apply only to persons whose participation in these activities begins after June 1,1980. The committee also decided to recommend to the faculty the discontinuance of the practice of proctoring "sit-down" or classroom final examinations. Dean Thomas Headricfc, Professor William Grefner, Professor Michael Schaeftler, Professor W. Howard Mann, Assistant Law Librarian, Linda Cohen and Oliver Young, alternate student representative tatives,- Doug Johnston and Mike Rosenthal, were not present for the vote. Pierson had not found her notice of the meeting until after it was over. Johnston had a class at the same time as the scheduled meeting and Rosen-, thai was busy with his job as a Resident Advisor. All three students had knowledge of the meetings' proposed agenda. The committee did not notify the student body, the SBA or the student organizations involved in the "removal of credit" proposal. It voted for the proposals and then directed Creiner to draft a report for submission to faculty and student groups for comment and suggestions before making a final proposal to the faculty. SBA representatives took exception to this procedure at their February 13 meeting. They criticized the committees' procedure and passed a voted for the proposals. Stu- resolution by a vote of 13 to dent Bar Association (SBA) directing the student represenrepresentative, Melanie Pier- tatives on the ASSC to solicit son, and student represencontinued on page 8 > �• Opinion Vol.20, No. 9 g\ • Memo March 6,1980 Editor-in-Chief Randi Chavis Clarifies The memorandum from William Greiner, reprinted below, was posted in various spots throughout the law school last week. Managing Editor Amy Jo Fricano News Editor: Feature Editor: Photo Editor: Business Manager: Ted Tobias Bob Siegel Michael Shapiro Ricky Samuel Staff: Alan Beckoff, Doric Benesh, Marc Ganz, Carol Gardner, Jeremy Nowak, Joe Peperone, R.W. Peters, Mike Rosenthal, Ed Sinker, Karen Spencer. Contributors: Jay Marl in. © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, NY. 142b0 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Don't Mind Us! We Only Go To School Here We think a decision to discontinue giving credit for participation in such student-run organizations as BLP, Moot Court, Law Review and the Buffalo Consumer Mediation Program is important enough to merit careful consideration. We also believe such careful consideration should be based upon student as well as faculty input. We feel, therefore, that the faculty who make such decisions should assure they have received such student input before doing so. Finally, we think the students deputized to represent our interest in such decision should assure that they do. The faculty and students involved in this decision seem to feel otherwise. On February 5, the Faculty-Student Committee on Academic Standards and Standing voted unanrrrTously to propose to the faculty a rule to deny academic credit to students for participation in all student-run organizations. Only one student representative was present. Another had not yet found her notice of the meeting. A third had a class that conflicted with the meeting. A fourth was busy with his job as Resident Advisor. If there were others, would we have heard that one's dog was sick, one's hamster died and one's mommy wouldn't let him go? We do not question the genuineness of the representatives' excuses. What we do question is the genuineness of their commitment to serve the student body in the positions they were granted over other, more enthusiastic candidates who desired to so serve. But enough has been said of the side show to this circus. More interesting acts were performed in the center, ring. With but one student voice to speak for 750, the committee, dominated by the faculty, rendered its decision. Caring so little for student input, the committee neglected those students most involved in the credit-giving process. The leaders and other members of student-run organizations, those with strong and worthwhile opinions on the matter, were not given the slightest notice of the meeting and its clandestine agenda. Only after the committee met, did their dirty work and sent it off to the faculty for final approval were these students given notice of the pendency of such final decision and an opportunity to be heard. Even assuming that granting academic credit is essentially a faculty/administration function, an assumption with which we do not agree, isn't student opinion relevant, competent and downright important? This performance is just one more example of the faculty and administration repelling the student mind and alienating the student body. Opinion 2 March 6,1980 (Don't worry, I am not going to propose any reforms or changes.) and other such exercises in addition to an anonymously graded final examination, is and has been a regular prac- Over the years a number of faculty (more than a majority most years) report their ex- tice in many courses. (Instructors in such courses usually integrate the special project written projects, simulations period. and examination grades by some variation on the +/ scheme described above.) system. ( /-) a plus/minus + Recently the use of the Some of the devotees of this grading practice for facilitate to +/system use it awarding extra credit, while rewarding class participation has become a source of stuat the same time preserving dent concern. That concern is anonymity in the examination not in opposition expressed example grading process. An to the practice, but because follows: 1) Instructor X submits to faculty who observe that the Registrar bluebooks grad- practice sometimes do not put their students on notice ed on a + /- scale. 2) Instructor X also submits of that fact. That seems to me to the Registrar a list of a valid complaint. Without names of students who have intending to create a cause made an outstanding extra celebre, admittedly a faint contribution to the course, hope in light of my past experience on the subject of usually through class pargrades and grading, / respectticipation. 3) Instructor X tells the fully request that those faculRegistrar that students on the ty who intend to give credit "extra performance" list who for class participation or other also have a Q+ or D+ on extra work in a course both their examination are to have announce that to their their letter grade in the students early in the semester course advanced to the next and explain how the extra credit grade will be integrated higher grade, i.e., to H or Q. This practice has been with the anonymously graded observed fairly regularly in examination grade. Full the past several years. When disclosure on such matters is asked for my advice, I have the healthiest course, I think. opined that there is nothing Silence only feeds the paranoia which regularly inof which I am aware in faculty policy which would or fests the halls just before, should prevent this grading during and just after the expractice. In fact, the use of amination and grading — amination and/or course grades to the Registrar using TO: FROM: RE: All Students W.R. Creiner Plus Grades for Class Participation Students have asked for advice regarding faculty policy on recognition of class participation or other extra ' student contributions to a course. As I understand it, faculty policy permits instructors to advance a student's grades in a course on the basis of extra and meritorious performance See my memo to faculty attached. I understand that, in the re- cent past at least, the following faculty have given recognition to class participa- tion. Professors: Editorial Grading Procedure Atleson Del Cotto Greiner Kaplan Other faculty may also do this. You may wish to check with your instructor to determine his or her policy in this regard. TO: FROM: RE: The Faculty W.R. Greiner A Grading Practice Modification Is Regressive, While a handful of copies of the recent memorandum from Dean William Creiner to all faculty and students have graced the bulletin boards for nearly a week, it will come as news to most students, and as a shock to many, to learn that they may have been graded partially on the basis of class participation in large survey courses. The memorandum revealed that at least four professors have, in the past, submitted lists of students whose marks should be raised a full grade if they received a " + " on their exam, to reward them for "meritorious performance" in class, and sanctioned use of such lists by more professors in the future. Greiner is right about the propriety of giving students notice that the procedure will be used. It would only seem fair, coming from the proponents of an "honor system." But he does not tell us how the procedure is to be controlled. Presumably it will be an honor system, void of favoritism. Creiner maintains that there is nothing in faculty grading policy which prevents the submission of a list of students who performed well in class in order to reward them should they receive a " + " grade. Yet he does not mention that the same policy neither mandates, recommends, or even implies the desirability of such a practice. How many times have students been admonished about this sort of syllogistic construction? Creiner further fails to mention the legislative history of anonymous grading, the system instituted to remove personalities from our grading process. The Buffalo -— Model's- philosophy of non-competitive atmosphere now stands to lose a great deal of ground. Class participation is clearly desirable. But do we really want to breed a batch of zealous participators' who contribute to class simply to make sure they don't miss out on any cookies awarded for it? The H/Q/D system was initiated to minimize grade consciousness, to encourage learning for its own Unnecessary sake. Those who participate regularly already, do so for the learning experience involved. They should rightfully feel insulted by the memorandum's insinuation that the way to beef up class participation is to offer bonuses. Many students come to Buffalo to avoid this very sort of thing, and the atmosphere that accompanies it. Everyone is aware that anonymous grading generally does not, or cannot, exist in" seminars and simulation courses. We understand that class participation is necessary to the success of these courses. But if we are go- ing to reward class participation in large courses, we need a consistent, equitable means of institutionalizing such a judgement. +/— grades received on exams and written work are not presently recorded on student transcripts. Students are under the impression that +/— marks are posted for their own information, a means to aid the student in understanding where his work fell in the grand spectrum. Now we are told that " " may count for something. But whaP about the meritorious participant who gets a straight H, Q, D, or a "-"? Is his contribution to the class less im, portant? Is is safe to presume that a professor might also submit a list of "perpetually unprepared" + students who shall have their grades lowered letter if they should receive a to the next "_«? To some of us, the hew significance which may be attached to a + grade sounds like one more.attempt to change the Buffalo Model grading system. It certainly is a backward way to refine the system, if that is the aim. The H/Q/D system has begun to overcome the hurdles its opponents so often cited. Buffalo students are no longer job market outcasts as evidenced by the seniors who have landed coveted positions and judicial clerkships. Let's not tamper with it, now that it Is working. �Grading Deadline Extended by Alan Beckof f The dean said enforcement of the standards must be based In an attempt to reconcile on good faith. Any type of students' demands for timely penalty would be impracgrade reporting and their own ticable, he said. The preventive needs, the faculty passed a measure of requiring proresolution last December set- fessors to limit all answers to ting February 15 as the one bluebook raises the issue deadline for reporting of fall of academic freedom in that a semester grades. Except for professor essentially would be third year students, the told what kind of question he deadline for spring grades is can write. June 15. The deadlines are not "Where a faculty member limited to this year, and will re- can anticipate not being able main in effect unless the facul- to report within these periods, ty decides otherwise. he or she should advise "Students encounter disap- students of the probable pointed expectations, frustra- length of delay at the earliest tion and hardships; faculty are practicable moment," the charged with irresponsibility resolution says. Most proand are implicated in passing fessors whose grades were late judgement on colleagues; the complied witrr*this provision Dean confronts troublesome by posting notices on the third grievances," according to the floor bulletin board citing a resolution. The resolution fur- specific date. According, to ther states, "In light of this ex- Headrick, all grades will be perience under the standard reported by tomorrow, the (four weeks from examine; beginning of the spring break. tions) established in markedly Perhaps themost important different conditions in 1969, a part of the resolution provides revision in law school policy that "In recognition of the aimed at achieving the timely special needs of first term law tion meets them." He believes the faculty is responsive to student concern and that the setting of a deadline indicates this. Both Headrick and Hyman pointed out that many of the faculty members come from backgrounds where grades often were not reported until well into the spring. In some cases, there were no exams at all until the end of the first year. The dean stressed this does not mean that professors expect students to live by that standard, but that it is a perspective. Some students expressed the opinion the faculty has merely institutionalized its own Struss (I.) and Kerman congratulate each other on Moot Court victory. laziness. David Smith, a second year student, disagrees with Hyman's contention that the faculty is aware of student anxiety. He said the professors have now given themselves "a nice long time." "If a professor has a reason for taking long, he should post a notice immediately instead of at the last Larry Kerman and David represented on February 27 moment," he added. Struss, representing the UB and 28 at the University of But another second year stu- Moot Court Board, were namNorth Carolina. Two teams reporting of grades is ap- students, grading of examinapropriate." tion papers in first term dent, Russell Leisner, said, "I ed the Best Plaintiff team in competed in the Craven ConThe resolution goes on to courses should have priority realize that at the end of a the recent Courley MootCourt stitutional Law Competition. say that a "self-imposed target over advanced courses." semester a professor needs a Competition in Pittsburgh. As a The issues were whether a will be viable only if the policy Headrick said the faculty was vacation, too, and that he can result, they advanced to the minister had standing to is seen to satisfy certain condi- aware that first year students grade only so many papers a competition's final round, challenge a statute prohibiting tions: the time period adopted have somewhat more anxiety day. In fact, I prefer a prowhere they lost to the cham- mentally retarded persons must promise a reasonable about grade reporting than do fessor taking his time so I am pionship team from West from marrying, and whether first such legislation violates the likelihood of success in typical second and third year students assured that he fully Virginia. Struss or ordinary circumstances; the "who have been through this understands my answer before runner-up in the Best Advocate Equal Protection Clause of the Constitution. Richard Abbott policy should enjoy the before." he grades it." However, he category. This year's competition reand Robert Curbacki widespread support and comProfessor Jacob Hyman call- would like to .have the mitment of the faculty; and the ed the faculty's /decision a deadline moved up about a quired the student-attorneys to represented the minister, and litigate liability and damages Andrew Mandell and Robert policy, because it deals with "practical resolution to an in- week. ordinary circumstances, must soluable problem." In a letter ."Professors are aware that arising from an automobile ac- Whitbread represented the admit of exceptions for large to Opinion last Semester, they are here to teach future cident. Accompanying the State. On March 27 and 28 Ellen courses and for other special Hyman pointed out that lawyers and that they have to team as witnesses were Loula demands upon faculty. Atten- reading exam papers is an ar- put up with it (grading)," Barkas, Clenn Pincus, Walter Evans and Gladys LaForge will compete in the Wagner Labor dance at conferences, prepara- duous task and "I can only do Leisner said. "In their job it's Sieman, and Ezra Zubrow. The board was also Law Competition sponsored by tion of neTV course materials,, a certain amount of it each day an occupational hazard." Advertisement New York Law School. The excess bluebooks are il- before fatigue threatens to imissue this year is whether inpair my judgement." He had lustrative of such demands." terns, residents and clinical Dean Thomas Headrick said also written, "I am supposed to faculty cost of a students to a substantial of a teaching hospital making get prepare of resolufor two courses and The faculty support the are considered professional tion was overwhelming, with get enough rest to 6e able to lawyer goes up every year, discount on necessary study employees under the 1974 The most visible costs, tuition aids and, at the same time, only one or two dissents. He bring some energy and enHealth Care Amendments to added most professors submit- thusiasm to them. These two and textbooks, have gone up roll back the tuition costs of the National Labor Relations ted their grades to the Admis- demands I should suppose between 15-25% over the last bar review, Act. three years and in the next Students who enroll in a sions and Records office have some relation to my The Board will sponsor the three years the rate of infla- 1981 or later BRC review before the deadline this teaching obligations, wholly seventh Annual Albert R. semester, but some who had disregarding any attention to tion could easily add another course before March 21,1980 Mugel Tax Competition on 30%. Atjhe same time, the (trie student may transfer in been more prompt in the past research." March 28 and 29 Twenty eight "incidental" but necessary the senior year at no cost to Hyman now said, "These are had taken a little longer this teams representing 21 law expenses for transportation, any BRC course in the counyear. valid reasons and the resoluschools will compete. A nonstudy aids and bar review try) and pay a $50 nonMoot Court team composed of courses are rising at the same refundable deposit will Tony Cardarelli and Robert receive over $100 in outlines. '■' pace. While it is encouraging.to tapes and discounts, a conJacobson will represent Bufon for tinuous 10% discount The problem, written by starting that salaries falo. tenure, know faculty be considered for will reappointment, Several Professor Joyce, involves an and/or promotion during the spring semester, 1980. Students who lawyers are also going up publications of CES and roll (some major firms are back the course price to 1979 interest-free loan and debt have taken their courses are invited to write a letter of evaluaprices. income. reportedly paying top discharge tion. That letter should go to the convenor who is designated The written materials inThe board will send the graduates .in excess of next to the name of the faculty member. team of Gary DeWaal and Phil It is expected that the letter will discuss the professional s3o,ooo per year), this fact elude four new unmarked Myers to the Irving R. Kaufman qualifications of the faculty member in terms of teaching ability, does not make getting BRC Law Summaries in ConSecurities Competition sponscholarship (if known), and interpersonal relationships with through the rest of law school tracts. Criminal Law, Criminal sored by Fordham Law School students. The letter should be written legibly, and hopefully, with any easier. The Josephson Procedure and Torts in the on April 7 and 8. One issue is a balanced flavor. It should be signed by the writer; it wilr be Center for Creative Educa- first year and a new set of whether a plaintiff-investor tional Services (CES) and Bar four outlines in the second held inconfidence by the convening committee. may proceed pursuant to an Review Center of America year. The CES discounts inThis semester the faculty members being considered for reap(BRC) have developed a pro- elude two 50% coupons on implied right of action under pointment, tenure and/or promotion 'are: I s ' gram to dealwith these rising tape sets (worth up to $30) §10(d) of the Securities Excosts. With a groups they call and a 10% Preferred Student change Act of 1934 when the Convenor Room Name of faculty member , New stattn entitling to Discount Card the Alliance alleged violation falls within (National NAFI 422 Richard Bell Tenure and promotion Creiner purview of the express Fight Inflation), the combined early enrollee to cash disthe Tenure and promotion Spanogle 414 Virginia Leary remedy provided in §18. The buying power of first and se- counts on CES purchases 517 Marshall Breger Tenure and promotion Albert other issue concerns' the cond year students and the through law school, Reappoirjtment Met arty 415 Robert Berger Students who only wish to Kochery value of a predictable enrolldegree of due care- a plaintif Halpern Reappointment 513 Philip Reappointment Boyer 318 Nils Olsen have enabled the freeze the bar review course ment base who is a "sophisticated" inDel Cotto Reappointment 529 Michael Schaeftler companies to offer a package price may do so by a $25 nonvestor must demonstrate in Reappointment Newhouse 412 Paul Spiegelman deposit. refundable permits of benefits which law order to establish his implied Creiner 422 Promotion Barry Boyer JoMDhson Bar Rwtow Center of Am»rlc«, Inc. cause of action under §10(b) M.rlno-Jowphson/BRC: 71 BrMdway, 17th Floor. M.Y., N.Y. 10006 Letters should arrive before March 7,1980. Thank You. and Rule 10(bX5). Moot Court Roundup Kerman, Struss Win Honors In Pittsburgh . Costs Of Legal Education Soar Evaluation Letters Solicited .. - March 6,1980 Opinion 3 �Dollars And Cents NDSL Checks Delayed By Shortage Of Funds by Jay Marlin As of today, there are a substantial number of National Direct Student Loan checks that have not been paid to the law school student body. This is causing con- siderable inconvenience and real economic hardship to more than several students. While a precise number is not those persons whose last names range from A to J. The M's, R's and Z's are presently, on the short end of the stick. You ask: "What's going on?? I filed my financial aid application on time. I received notice on the financial aid on time. And, now I'm waiting -until mid-March for a NDSL check??!!" The problem with NDSL checks this spring is a matter of two principal factqjs: a larger number of persons accepting offers of NDSL money than in the past and an increase in the default rate on NDSL loans.. Like offers of admission, the financial aid office makes more offers of financial aid attainable, from the number of phone calls and in-person inquiries received at the law school's financial aid office, this is a significant problem in both the numbers involved and the severity of the problem. The good news is that your NDSL check is not lost. and it is on its way. But like the than they have money based hostages in Iran, the checks on a historical percentage of often don't seem closer to . any home than they were several weeks ago. The bad news is that most of the outstanding checks won't be on campus Until approximately March 15y and some checks may not get to here until late March. A substantial number of NDSL checks have been distributed, principally tp persons who don't accept the aid. This way the maximum amount of financial aid money is offered to the greatest number at the earliest possible opportunity. This year the percentage of people who accepted financial aid increased signficantly" over previous years. This is important because FederalFunds Granted To PAD, International Phi Alpha Delta Law Frater- children from kindergarten nity, International (PAD) has through 12th grade. received a two-year federal The organizations involved grant amounting to $450,000 to are American Bar. Association, conduct a Juvenile Justice and Children's Legal Rights InforDelinquency Prevention Pro- mation and Training Program, Constitutional Rights Foundagram. Announcement of the grant -tion, Law in a Free Society, Nawas made by attorney Frank tional Street Law Institute and McCown of Ironton, Ohio, In- PAD. ternational Justice of PAD. The LRE program originated PAD has 75 chartered alum- in the early 1960s with its ni chapters and chapters at 160 primary focus on providing law schools throughout the more effective instruction in U.S., Canada, Mexico and Puer- the fundamental principles of to Rico, including the Alden the Constitution and Bill of Chapter at UB headed by Rights. However, the past 15 Chapter Justice Ron Winter. years have seen a growing PAD is one of the worlds recognition of the need for largest legal organizations LRE and the emergence of a with 91,000 initiated members. variety of law-related educaMcCown said the program tional programs. will be administered by PAD'S "Most citizens would not be newly-opened Juvenile Justice surprised to hear that crime Office in Washington, DC. has increased over the last'lo The program will utilize the years," said McCown. "Yet approach of law-related more people are unaware of education (LRE), which is the alarming rate at which designed to educate youth in juveniles are becoming part of the role of law in American those situations." For example, society, the nature and scope although youngsters from ages of our legal system and the 10 to 17 make up only 16 peruses of the legal process in the cent of the total population, they account for 45 percent of resolution of disputes. "The goals of LRE center on those arrested for serious that knowledge and understan- crime. Overall, juvenile delinding, as well as those skills, at- quency has increased at twice titudes and appreciations the rate of adult crime during which assist young people in the past 15 years. both private and public "What these statistics inelementary, intermediate and dicate is the need to begin con--' secondary schools, in becom- centrating on ways of prevening well-informed, sensitive ting young people from and active citizens in their becoming juvenile delincommunity, state and nation," quents. That is what we hope to accomplish through our LRE said McCown. The LRE program evolved program " PAD was founded in 1902 from the federal Law EnforceAdministra- and includes as members such tion, which designed a plan to promineat persons as Warren involve six national organiza- Burger, Chief Justice of the tions from the fields of both U.S., Benjamin Civiletti, Ateducation and law and bring torney General of the U.S., and more law-related education to Sen. Ted Kennedy. ment Assistance 4 Opinion March 6,1980 €Z7 a check are sent a postcard the money is paid into the system by those students who are paying off their loans, and then is disbursed to those students who are getting new loans, a six week process. New checks for the spring semester are usually • made from the money collected for the fall term. With an increased percentage of students receiving aid, and a reduced amount of collections due to a higher than average default rate, SUNY financial aid has been unable to pay all the new NQSL checks until the January and February collections have in- forming them their check has arrived. So, right now the vouchers are sitting in Albany, waiting for sufficient funds to arrive in the account, to pay off the checks. An additional problem occurs, when you have several large vouchers and quite a few small ones. If there is a voucher for $20,000 and only $15,000 in the account, and there are three $4,000 vouchers, then those three will be paid off first. The inevitable result is often the smaller NDSL checks are paid \ off been received. before the larger ones. This is NDSL checks are rrot made ironic in that persons with the out at ÜB. The financial aid of- larger NDSL checks are in the fice sends to the office of stugreatest heed. Unfortunately, neither the dent accounts a roster of those students who are to receive law* school nor the university NDSL checks and the amount has an emergency short-term of those checks. The office of loan fund. Although some student accounts sends a were in existence several years voucher to Albany, consisting ago, they were discontinued of some 20 to 50 names with when students depleted the dollar amounts, SUNY finan- loan fund and there was no cial aid writes out the checks mechanism to force the students to repay the loans. on the UB NDSL account. Discussion has begun in the Like your own savings account, once there are suffi- law school about the adcient funds in the UB account, visability and problems of starthe checks can be \vritten, but ting such an emergency loan not before then. Once the system again. Many private schools take checks are written, they are sent back to the office of stucare of this problem by offsetdent accounts in Buffalo, and ting anticiapted NDSL the students who are to receive revenues with university based funds so that the NDSL checks can be paid at the beginning of the semester. Due to the unique position of this school within a state university system, this possible solution has been dismissed as either impossible (no funds) or im- practicable. Of course all this is of little solace to those persons who are looking towards March 1 with no funds for rent, and little or no funds for food. The law school receives approximately 25 percent of the NDSL money distributed by this university. It plays a very important part in the financial aid package that students depend upon. While there is seemingly very little now that can be done about this situation, serious consideration must be given to ways of avoiding, or better dealing with this problem in the future. * * * Don't forget!!! The deadline for applying for TAP for this year is March 31,1980. Send in that application NOW if you haven't already. If you are still waiting to hear from Albany on your TAP award, please contact me as soon as possible. Also, make sure to send in a copy of your IRS 1040 to financial aid if you are claiming in, dependent status. Summer Session 1980 riorstra Law ochool . DAY AND EVENING COURSES '■ ■' ..-. * - SUMMER SESSION ONE May 27 • July 2 " COURSES CREDITS Advanced Procedure (Compares '"V New York and Federal Procedure) a ■, ?2lilEH Commercial Transactions Survey Criminal Procedure Evidence Family Law Hofstra University School Of Law Hempstead, New York 1 1550 YorK 11 550 (516) 560-3636 4 4 4 3 Federal Income Taxation of Individuals 4* International Law 3 , . ' Law and the Biomedical Sciences Real Estate Transactions Secured Transactions For Further Information Write or Call 3 3 4 3 SUMMER SESSION TWO July 9 • August 19 Business Organizations Commercial Paper Conflict of Laws DebtOr ' Credltor Federa | Estate and Qift Tax Labor Law . Legal Issues in Public Education 4 3 3 3 3 3 3 �fX : \ ff" \ \ fits *° ew tQftA °*-* . I '^iiei^ft^\ s eroherto co^ and eez 5 fa° least S^ 50 II I 1 J March 6,1980 Opinion 5 �Deprogramming Reunites Families, Causes Legal Hassles by Amy Jo Fricano This is the third article in a series examining the recent controversy surrounding new religious movements and the anti-cult movement. This article is based on the observation of a deprogramming by Ted Patrick and interviews with lawyers representing both interests. The deprogramming had lasted five long days. Four had been spent anxiously awaiting the arrival of Ted Patrick. There was only one day of actual sessions with Peter and Ellen until they "snapped." On the morning after the "snap," Patrick said the twins entering were the psychological phase he calls "floating," a period during which the cult member's mind lapses automatically into selfhypnosis when not stimulated or active. spent a little more time with her alone. Her anger was more evident than Peter's. She was confused at the failure of her Perfect Master's system and unsteady at the prospect of returning to the outside world. But she rummaged around in her closet and brought out a virtual library of collector's vintage Divine Light reading. She asked her mother to take it. Robert examined the collection over breakfast. A large book mark caught his attention. A maxim attributed to Maharaj Ji was printed on it. "If you surrender, it's easy to destroy mind. If you don't surrender, then mind destroys you." He shuddered, remembering his shock the day before when Patrick got Peter to admit his belief in the tenet. Maharaj ji teaches that "mind" and "brain" are two "You take it for granted. Patrick has served time in four states on numerous charges including kidnapping and These kids often say they feel like better people for what they've experienced. They become very independent thinkers, careful investi-, gators," he said. Patrick maintains that during the floating period, it is important for the ex-cult member to get some perspective on what has happened to him. Contact with other deprogrammed cult members is very helpful, since family and friends can't fully relate to feelings they never have, had themselves. So Patrick's video equipment serves a second purpose when he is in the field. He crowded Peter, Ellen, the family and the entire advance team into Peter's room to view some interviews taped before and after other deprogrammings. First Patrick played an NBC documentary about Rev. Sun Myung Moon, the Unification Church and the religion's seminary at Barrytown, New York which recently sought and was denied accreditation. The film centered around excerpts from Divine Principle, Moon's treatise on religion and politics. Several of the viewers in the room gasped at Moon's professed goal of conquering all world governments with peace and bringing them together under his control. Following the Moon documentary, Patrick set up another tape, this one an interwith an exview Transcendental Meditation instructor. The group began discussing the similarities they saw between the Divine Light Mission, Unification Church, Hare Krishna and TM as they heard more and more from the taped deprogrammees. When the films were over, Patrick took Betty and Dick, the twins' parents, downstairs to discuss the "rehabilitation" vacation Peter and Ellen woulci go on the next day. The twins and the advance team would fly to San Diego, Patrick's home base for a couple of weeks, and then go on to Lake Tahoe for another week or so. He emphasized Peter and Ellen would not'be entertained; rather they would have to decide what they wanted to do and when they wanted to do it. "They've gotten out of the habit of making their own decisions," said Patrick. "It will be hard for them at first even to decide what to have for breakfast. They'll stay with us until they get used to thinking for themselves." After lunch Peter and Ellen were required to select the afternon's activities. They decided to go to an afternoon movie, something neither ■ of them had done in a very long time. . Ted Patrick (I.) and Patrick M. Wall, his attorney Peter emerged from his wholly - distinct, Ted Patrick separate bedroom that morning, no things. Man's mind is responsilonger considering himself a ble for all of the evil in the captive, but hesitant to discuss world, from war and crime to how he felt. pollution and technology-run Robert understood his amok. Therefore, the mind brother's reluctance. After all, must be quieted. he said, Peter had just realized The brain on the other hand, that what he had regarded as a is the triumphant hero respon- ' fail-proof, ultimate support sible for all of man's good system, Divine Light Mission, achievements and acts of was the very sort of big • humanity. The brain can act business rip-off he had sought only when the mind is out of to escape. Peter had suddenly 1 the way, according to Maharaj learned Maharaj Ji was a phony, a charlatan who had Explaining this to Robert forsaken him when he needed later, Ellen said she had been his Guru most. told many times if she were to Peter feebly asserted he was stop meditating or practicing "all right." Deep down he was Knowledge, her "mind would angry, but he said it took him come back stronger than some time to express it. ever." It would "devour" her. Later, he quietly told his According to Patrick, the brother, "Ted's right. I am warning Ellen recounted is floating. When I was standing truer than its speaker ever imin the bathroom brushing my agined. teeth just now, I wasn't really "The kids I deprogram focusing on anything, and I usually become even stronger could feel my mind slipping people than they were before away, distant, kind of uncon- they entered the cult," Patrick trolled. I would have begun said. "If you haven't had your meditation automatically, but ability to think taken away from you, you can't really apI stopped myself." When Ellen awoke, Patrick preciate its value. Opinion 6 Much 6,1980 Patrick and the remainder of the group spent the afternoon in the backyard by the pool. The conversation eventually swung around to Patrick's legal problems, which are plentiful. Although he has won some important legal battles lately. unlawful detention. Beside his frequency of appearances as a criminal defen- dant, Patrick has had to defend several libel actions based on his book Let Our Children Co.' as well as a federal civil rights action brought by Unification Church for unlawful imprisonment. In April, Patrick goes on trial in his own hometown for deprogramming a girl who had been a Scientologist. The girl returned to Scientology during her rehabilitation at the urging of her father who did not have legal custody over her. Patrick had been hired by the girl's mother and step-father. Patrick's attorney, Patrick M. Wall, of New York City has never lost a trial for Patrick since taking him on as a client in 1973. Wall said his strategy is usually based on the defense of justification with a twist of agency law: If the parents were justified in seeking his assistance, then as agent of the parents, Patrick was justified in performing the deprogramming in order to prevent a greater harm. Wall said he tries to avoid First Amendment implications during a trial. "There is no real First Amendment issue involved," he said. "The groups are people purporting to be religions in order to take advantage of young people in turmoil. "Whether or not they ara real religions is the question. I believe they .are not. It's very difficult to define a religion, but I'll figure it out if Ted Patrick ever snatches a Trappist Monk. "But the cults Patrickworks on are true frauds. They turn members against families and friends for money, power or both. The government may have to be the one to recognize it eventually," Wall said. In a highly publicized case in Seattle in 1974, the court ruled a kidnapping by Patrick on behalf of the person's parents was justified, in light of evidence presented about the practices and beliefs of the group. The parents were found to have properly selected the lesser of evils, by seizing their daughter from the Church of Armageddon, led by Paul Erdman who calls himself Love Isreal. One of the group's rituals consisted of inhaling toluene from plastic bags. Two members made headlines when they died from practicing the rite, alerting Kathe Crampton's parents to her plight. The American Civil Liberties Union's (ACLU) committee on religious freedom has been active in the legal battles, too. The ACLU regularly argues against the use of conservatorships over adult children by parents who wish to provide the cultist with a cooling-off period during which he can evaluate his chosen religion away from its controlled environment. The ACLU position is that use of conservatorship in such a way is opening a pandora's box of potential abuses. Several members of the ACLU committee on religious freedom are also members of the Alliance for the Protection of Religious Liberties (APRL). an anti-deprogramming group. APRL actively seeks to aid cultists in pressing charges against deprogrammers and members' families. However, if cult members are truly suffering mental and physical damage from their cult involvement, as Patrick maintains, why haven't the cults been sued themselves? Only a few civil actions have been brought. One case recently ended with the award of over two million dollars in damages to an ex-Scientologist for inflictio/i of emotional distress. Wall thinks the door is just opening to these civil actions, but he has no-plaintiffs himself at present. In his view, both the parents and the child may have separate causes of action for unjustified Interference with "the familial relationships. Damages are measurable in terms of money spent on or donated to the cult, lost income, suffering and the cost of deprogramming. But suing Divine Light Mission seemed to be the farthest thing from everyones' minds, when Peter and Ellen returned from the movies that afternoon. Joy and relief washed over them all. As Betty said later, it was as if her children had been returned to her after being missing for four years. For Ted Patrick and the other members of his team, trie satisfaction of another successful mission was evident.. Peter wanted a beer. First Annual UB LAW SCHOOL SPRING RUN Open to all UB Law School joggers, runners, etc. Qate: March 28 Time: 4:00 Place: Start and Finish in front of O'Brian Hall BEER PROVIDED Beer to be paid for by losing team of "either the students or faculty. Winning team decided by average time of first five finishers of each group. �Pep Talk Stadium And Redevelopment Go Hand-In-Hand chise in Montreal, Canada. The vote was entirely unexpected, and a shock to the financial backers of the proposed Buf- by Joe Peperone Once upon a time, 1968 to be exact, the Erie County Legislature voted unanimously to build a bO.OOO seat, domed stadium in Lancaster, a suburb of Buffalo The stadium was to be occupied by both the Buffalo Bills football team, and the soon to be announced National league baseball franchise But something happened In large part to diffuse the federal anti-trust issue facing baseball at the time, the National League owners voted to place the new expansion fran- took to the field. The team enjoyed moderate $1000 each, team success in its first season, both on the field and at the box offalo baseball team. The fice, and this success has again stadium issue was put on the "raised the hopes of baseball back burner, and finally skuttl- fans around Buffalo that a new ed in the early 70's due to baseball stadium can be built financial constraints. Finally, and a major league franchise to prevent a threatened move could be awarded or moved to by the Buffalo Bills, Rich the city. Stadium, an 80,000 seat Last month, the Erie County football-only stadium was and Buffalo governments joinbuilt in Orchard Park. ed together to fund a feasibiliBuffalo's minor league ty study for a new baseball baseball team, forced to play stadium. The money will be usits home games in an antied to determine where the best quated stadium in the inner ci- location for a stadium will be, ty, folded up and moved away, what type of stadium should ending over 70 consecutive be built, where the funding years of pro baseball in the ci\vould come from, and ty-ultimately, whether the Last year, Buffalo's lovje af- stadium should be built at all. fair with baseball was renewThere is no question that a ed, as the Eastern League placnew baseball stadium would ed a team in Buffalo The antibe a major part of Buffalo's urquated War Memorial Stadium ban re-development Many was spruced up, parking and people, however, question who police protection provided, would ultimately pay for such and the Buffalo Bisons, owned a facility, .and whether it is solely by hundreds of fans who feasible to spend that kind of bought shares of the team for money before a major league Record Rack Ronstadt Deviates From Status Quo throughout, by Mike Rosenthal Mad Love (ostellos — — Linda Ronstadt Neil Dia- September Morn' rrfond Both Ronstadt and Diamond have been making records for about titteen years and have had substantial success. Both have shared an audience of widely divergent age groups. Konstadt also has a large audien<e in country music. Recently these artists were betoThing too predictable and we're playing it very safe. Too sate The urgency that made some of their earlier records vital, and the rawness of the l>rodu( tion, or lack of production, helped add to their aura. However, with their latest albums the two singers have none in very different directions with "Talkin' only in The Unfortunately, a major league team will not commit itself to come here unless a stadium is built or at least under construction. That does not mean that the city's or county's money will be spent on a gamble. To spur the construction industry in the state and encourage building of sports facilities, New York State has allocated a few hundred million dollars to be available to localities wishing to build stadiums. Syracuse's- dome is one example of a facility funded by this state agency. The city and county feasibility study is being prepared to present to the state as a means of receiving funds to build the stadium. It is hoped the people coordinating the feasibility study have learned from the mistakes made when Rich St-adium was built. The stadium was constructed many miles from Buffalo in order to get the best price on the land and the room for parking lots, but the planners had to be extremely short-sighted to build an open stadium in Buffalo's infamous snow belt Also, no' study was made of the possible traffic problems which would be encountered when 80,000 fans converged on a small town with f«*v access roads It still takes far too long to go to a Bills game, a fact which stares many fans away Finally, the stadium, due to the lack of a dome, its shape, and its location is unfit for baseball and thus has never been used more than fifteen days a year, an enormous waste. A new stadium must avoid such short-sightedness. It should be built downtown, on city-owned land near the waterfront. This will place it close to the new subway and access roads. It should be of a size to permit constant and multiple uses, including soccer, basketball, and football (U.B. hopefully) as well as baseball. Finally, it should have a dome; this is an absolute requirement. A dome will not only allow the varied uses of the stadium without weather worries, but will also permit large conventions and shows to take place there. All this is necessary for the stadium to be useful and satisfy the objections of its critics. The goal of such a structure cannot merely be acquiring a baseball team, but the project should also be aimed at revitalizing the area, increasing the numbers of people coming into the downtown area, and encouraging tourism. A stadium restricted in its uses or at the mercy of Buffalo's weather will neither satisfy those purposes nor bring in the money the city needs to fund its revitalization. A new stadium, carefully planned and constructed, will be a major boost to Buffalo, probably having the effect of boosting us right into Dark" missing the mark. Ronstadt has dared to take a chance; doing so has given us her best album ever. and filler a good name Diamqnd however seems because these songs don't even meet the usual standard; very content to sit on his laurels. He tries nothing new expected from either Avoid baseball's major leagues. Let's hop* it ran happen soon on September Morn' and the this album at all costs! album is strained, boring and lifeless because of it. The remakes of four sixties hits add nothing to the originals and, in Momentarily Eternal Man at least two instances, desecrate the memory of great songs. With few', if any, Call me the past. I am the present as well as (he future I was, I am, and I will be redeeming qualities, Mortal man of clay moulded from immortal Hands September Morn' belongs Within my breast beats the heart of eternity anywhere but on a turntable. The BugThe Age of Plastic Momentarily eternity as drops in the River,* gies The spontaneous saviour of mankind, I am Marianne Broken English The whole part and part of the whole Faithful Born out of the cradle endlessly rocking New York, London, Paris, Munich M Birthmark-bearing babies Blemished and thus bound to the Family of Man All three of these albums are By the Eternal Chain of the same school of music, Which links all generations the heavily electronic new wave sound. Some works well, Death be not proud some doesn't work at all. For every grain from its shroud in the earth has risen The Buggies' album works Near the graves of the great dead, beautifully. The groups uses a Kven the stones speak lot of electronic gimmickry, but none of it is used solely for T-hou art the culmination of all there ever was its own sake. Electronic sound The predication of all there ever will be. is a vital part of their songs up from the dead! World without end Rise "Video Killed The Radio life in thyself forever. A man Star," the first single, is an exthis cellent indication of Behold thyselves oh mortal man of clay band's potential. Several other And search no more for eternity standard, incuts live up to this Into the Pool of Time drop reflections of infinity cluding "Living In The Plastic Thou hast found it in thyself. Age," "Kid Dynamo" and " this Check Clean "Clean (*) "Its thin current slides away, but eternity remains." (Thoreau, Walden) album out and watch for this group. "Do you see O my brothers and sisters? It is not chaos or death it is form, Marianne Faithful's voice union, plan —It-is eternal life —it is Happiness." has changed. It is now coarse ( from "Song of Myself") and throaty, though it suits her Walt Whitman new material to a tee. The title quasi N. Rem ('81) song and the "Ballad of Lucy Jordan" are superb pieces. The — — — — With Mad Love, Ronstadt has asimilated some of the tec hnjque. sound and songs of new wave. This is a risky move. Much of this album will not be played on any of the adult contemporary, or easy listening stations that thrive on Konstadt albums. More importantly, nothing on this album will be played on country stations However, rock and pop stations across the country will lump on this album like they have never done for a Ronstadt album in the past. Her versions of two Elvis Costello songs,,--s 'Party Girl" and Girls Talk" are perfect. Her remake of an early hit by the Hollies, "I Can't Let Go," puts the original to shame which is surprising considering how mediocre her version of their hit "Just One Look" had been. The first single off the album, "How Do I Make You," pulsates"; electrifies and sets the standard for the album. rest of the album falls short of This standard is met these songs but still provides % interesting listening. M, on the other hand, is not too interesting, let alone listenable Aside from "Pop Muzik" this album gives pap has committed itself to move to Buffalo. — . , .. — — .. — — — — — — — March 6,1980 Opinion 7 �ASSC Proposes Credit And Proctor Elimination continued from page 1 student opinions before the proposals are sent to the full faculty for consideration. Both the credit proposal and the proctoring proposal were the result of a letter sentto the Editor-in-Chief of the Buffalo examinations. The ASSC proposal, if faculty supervision even be ad- Law Review, and Tim visable. The ASSC report Cashmore, Director of the adopted by the faculty, would stressed the need for the "ap- Moot! Court Board, preferred require each student to pearance and the reality of in- not to comment on the ASSC acknowledge in writing each dependence"- from faculty proposals. Each indicated, semester, that he or she has control for student run however, that they are writing read a policy statement regarorganizations. separate comprehensive ding academic honesty to be Oliver Young offered his memoranda on the issues for published by the Registrar. own explanation for voting to for submission to the ASSC. Each student would also be reOn the issue of proctored exquired to write on each exrecommend the denial of aminations, Atleson wrote, amination paper or other writcredit to student run organizations. "I don't want to be "Apart from the expense and misinterpreted with regards to logistical problems, not to tivities" nor would vigorous committee on December 17, 1979 by Professor James Atleson who is on .sabbatical this semester. Atleson's letter questioned the granting of credit for certain student activities. He wrote he was concerned with "the intense Law Review and Moot Court. pressure" organization leaders The exclusive nature of these feel as a result of their organizations was the reason I evaluative role. considered taking away He said he was also concern- credit," he said. "Minority ed with the granting of credit students have almost no to some student organizations chance of getting in these two but not to other organizations organizations. 'Mr. Ellis whose work is of academic (Winston Ellis, a second year value. Atleson also called law student) is the first minoricredit a "game" and an "anxie- ty student to get on Moot ty factor which is not Court in seven years. In other valuable." He wrote he was words, minority persons are, if "open to persuasion," but did not de jure, then de facto exnot believe any organization cluded from these organizawould be "unduly hampered tions for various reasons. I by the lack of credit." didn't buy the argument that The committee apparently the lack of a professor giving agreed with Atleson's observa- credit was a reason to take, it tions. In its February 13 report, away from the groups. I think it listed its reasons for propos-, students can evaluate each ing the new rule about credit. other's work to give credit or "Intuitively, we are all in the not to give credit." camp that 'thinks SRO's (stu.Schaeftler commented, "I'm dent run organizations) would enthusiastic about the ASSC's function in some sense better proposals and am looking forwithout credit.' " The commit- ward to the entire faculty ratitee also said it believed "it is fying them." Greiner said he not possible to have both real agreed with the proposals for and significant faculty supervi- the reasons explained in the sion of SRO's credit bearing acASSC report. Wayne Lopkin, . — - W k mention the terrible burden on our staff, it is simply silly to use proctors for adults." The ASSC report recommended to discontinue the use of proctors in sit-down classroom final examinations. It also recommended some staff person be available to provide assistance-to students who become ill or indisposed during examinations or to alert the Registrar to problems regarding the administration of am — Ml ■I ■■ ■ WM I TIME- I A #1 m# I VV II Mm -a 8 Opinion March 6,1980 "i-10 — 9-10 Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. \m ■■ _ Prof. Younger's course on New York Practice will be offered live in New York City and on llji W ■■■ WM. mWP : i against having such a partisan speaker so this original idea by R.W. Peters » Class will be offered on four consecutive Thursday Evenings beginning on March 20th. P HI 'Name' Speaker Sought The CPLR: An In-Depth Analysis J| jH mm stringently applied. Elects Officers J. *"'***l<iijiifcr since he predicted sanctions will become more severe and HANALSA . • for credit, "I affirm that in performing this work I have not violated the Law School's policy regarding academic honesty." Young said he hoped the SBA would make sure students, accused of cheating, would receive due process Graduating UB law students was tabled. will have a big-name speaker A second plan, introduced at their commencement by the SBA commencement committee, called for three ceremony after all. After several other prospeakers to share the lectern. A posals were, discussed and student, a member of the discarded, it ws decided that faculty and an alumnus would one of three luminaries will have spoken. This proposal speak at the class of 1980 comwas put to third year students mencement. It is expected after a New York Practice class either State Comptroller Ed on Thursday, February 28, with Regan, State Attorney General the result being an overwhelmRobert Abrams or Federal ing rejection of the plan. The District Court Judge John Cur- assemblage of approximately tin will speak at the ceremony, 60 students took the opporwhich will be held this year at tunity to reaffirm their desire HANALSA elected new 6fKleinhans Music Hall on May that a "big-name" speaker ficers. They are: 25. preside over the ceremonies. President, Milton Carlier; This final plan comes fast on Upon the rejection of the Vice-President, Lois Jircitano; the heels of two failed pro".triumvirate" plan, the comSecretary, Hilda Everett; posals. The original plan, basmencement committee, comTreasurer, David Mora. ed on a poll of the senior class posed of Deans Allan Canfield Contact any of the above of- taken in September, called for and William Creiner and stuficers for further information a name speaker of a decidedly dent Tony Leavy and Lew regarding the organization. political bent. Senator Ted Steele, formulated the latest Their office is located in room Kennedy received many plan. Dean Thomas Headrick is 509, O'Brian Hall, Amherst seniors' votes. However, there expected to invite the chosen Campus, telephone 636-2782. was a strong student voice speaker this week. -* 'g. ten work •' audio-or videotape in locations throughout the United States. For further information, contact your local BAR/BRI representative, or: BAR/BRI (New York Bar Review) 40, Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 ! It � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-03-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/6/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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Last fall, a Financial Aid to law Data Questionnaire was distributed to the student body. The questionnaire asked for student responses concerning "the sources of funds for financing their law school education, and the indebtedness accrued to finance their total higher education." The primary goal of the survey, according to Marlin, was "to try to get an accurate Ted Patrick sits facing a young man in the midst of a deprogram- assessment of the realistic ming session. Patrick continues a deprogramming session until costs of our law student the person "snaps", a process which may require less than an population." The overwhelming response hour or as much as an entire day. See story, page 6. to the survey enabled the law New York Times photo courtesy of Ted Patrick Voters Reject Majority Of SBA Amendments Bγ Doric Benesh motions presented by way of a petition containing a minimum First year students number of students' dominated the voting in the signatures, unless the motion Student Bar Association (SBA) was from a diretor or officer. constitutional referendum One hundred thirty-six votes held on February 7 and 8 in were necessary for approval. which more proposals were re- The provision passed 146 to 58. jected than accepted. The filial group of provisions Two hundred fourteen approved by the student body students voted in the election. relate to the topic of student Not surprisingly, more first appointments to SBA, faculty yecir students (96) than second and university committees. year students (65) voted, and Regarding SBA standing and more second year students special committees, the new than third year students (53) provision requires a minimum participated. composition of five students, Those provisions which only two of whom need be SBA received the sufficient two- directors or officers. However, thirds approval from the stu- the SBA appointments comdent body include the follow- mittee, must be comprised of ing. only SBA directors and ofFirst, moving elections from ficers. Previously, the constituspring to fall with a transitional tion mandated that these comterm of office from March to mittees have at least three SBA September, 1980, received ten directors and officers. Additionally, SBA is now votes more than the necessary for approval. The specifically authorized to apvote of those responding was point persons not serving on 149 to 59 in favor. SBA itself to positions on Secondly, expanding the list SBA's committees as was done of SBA standing committees this past fall. was approved 171 to 37; only Regarding all appointments 139 votes were needed. The to all committees, the constitustanding committees now in- tion has been changed to perclude not only Appointments, mit a president who takes-ofExternal Affairs, Finance and fice during the middle- of a Rules but also Admissions and term to continue the appointRecords, Athletic and Social, ments, at the executive Distinguished Visitors Forum officer's discretion, rather than and Placement. A third approved provision allows any law student to make a.motion before SBA and officially designates SBA as the law school's representative. Previously, SBA was authorized to hear only those have all appointments terminate automatically when a new president is elected. Additionally, instead of allowing only the president to terminate appointments, the constituition has been changcontinued on page 8 school Financial Aid Office to develop an accurate data base for use in ongoing negotiations with the university regarding the financial aid policy. Five , hundred ed. surveys were return- The survey, in large part created by Associate Dean William Greiner, was distributed last October to the first year class, the Federal Tax 1 sections, and Professor Joyce's Gratuitous Transfers class. Those third year students not enrolled in Gratuitous Transfers had surveys placed in their mailboxes. Traditionally, the average law student budget was based on the combined expenses of tuition, dormitory, meal plan, plus the university's estimate of the cost of a student's extraneous activity. Marlin said he felt the traditional budget was inaccurate and was not representative of the law school student body. In fact,* very few law students reside on campus and .thus do not take advantage of discounted room and board expenditures. Another fallacy of the traditional budget was the transportation line. Included in the line were two round-trip plane fares and one round-trip bus fare to New York City, which was the farthest distance the average student was expected to travel. Not included in the transportation line was the cost of owning an automobile. In applying for financial aid, a student may not obtain a "financial aid package" (NDSL, Work-Study, TAP, and NYSHESC combined) in excess of the average law student budget. Using the inaccurate figures of the traditional budget, students were finding it difficult to make ends meet. Students, according to Marlin, "were being restricted in their borrowing capacity." Thus, Greiner, Registrar Charles Wallin, and Marlin took the survey results to the university Financial Aid Committee to Students. This committee determines the average student budget for each university component. An administrator from each of the university is represented on the committee. During a series of committee meetings in November and December, the surveys were examined and produced "radical changes," according * Marlin, in the average law student budget. The budget was significantly raised to reflect an honest and up to date appraisal of student exto penditures. A key point raised in the committee meetings was the reality of the law school academic year. Law school is in session for nine and one-half months, not the nine months previously thought. Jay Marlin The law school's budget canvassed five major areas of expenditure. These were: tuition and fees, room survey and board, transportation expenses, personal expenses, and books and supplies. The completed surveys were divided into three classes of student: resident, commuter, and married student. In 1978-79, the average resident law student, defined as an unmarried student not living at home, spent, according to the survey, the following: 1)Tuition 2) Room and Fees $2,300 per year and Board a) Housing b) Food 3) Transportation $115 $110 per month per month $70 per month 4) Personal Expenses a) Clothing $45 per month b) Entertainment $45 per month 5) Books and Suppliess3oo per year continued on page fi Volker AndFarmer To Participate In Capital Punishment Debate by Ward J. Oliver On Thursday, February 21, the National Lawyers Guild and BALSA are sponsoring a debate on capital punishment between State Senator Dale M. Volker (R.-C.) of Depew and Millard C. Farmer, an attorney with Team Defense of Atlanta, Georgia. Volker, a 1966 graduate of the UB law school, was the Senate sponsor of the most recent capital punishment bill, which passed the New York State Legislature on January The bill was co-sponsored by Assemblyman Vincent J. Graber of West Seneca. Although the bill received one vote more than the two-thirds needed for an override in the Senate, the Assembly was seven votes short. Governor Hugh Carey vetoed the bill for the fourth consecutive year. Further efforts toward an override are expected to be made later in the legislative session. The bill would allow the death penalty in certain categories of first-degree murder, such as murder committed during a robbery, kidnapping, rape or arson, and the murder of an on-duty police officer. To comply with United States Supreme Court guidelines, the death sentence could be imposed only after a jury, in a separate proceeding from the trial, had considered aggravating and mitigating cir- scientists who use unorthodox trial methods in representing defendants facing the death penalty. These include prolonging trials to enable jurors to become well acquainted with the defendants and using social scientists to assist in challenging the composition of jury pools. Farmer was instrumental in gaining the release of the "Dawson Five" and worked with Ramsey Clark in an unsuccessful last-minute effort for a writ of habeus corpus in the case of John Spenkelink. Professor Jacob D. Hyman of the law school faculty has agreed to act as moderator of cumstances. Farmer is head of Team the debate. It will be held at 4 Defense, an Atlanta-based p.m. in room 106 of O'Brian group of lawyers and social Hall. �vol. 20, no. 8 ftreninn ° Feb- 21,198 Editor-in-Chief Randi Chavis Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Edjtor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Alan Beckoff, Paul Bumbalo, Tim Cashmore, Jon Dußert, Marc Canz, Carol Gardner, Jeremy Nowak, Joe Peperone, R.W Peters, Mike Rosenthal, Ed Sinker, Karen Spencer. Contributors: Doric Benesh, Ward J. Oliver. © Copyright 1980, Opinion, SB A. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Lp Thanks! As a direct result of the Financial Aid Data Questionaire distributed to the student body last fall the borrowing capacity of the average law student has been increased. The questionaire produced a realistic estimate of student expenses to be used as a base in planning future limits on student borrowing ability. In these inflationary times, with the cost of living constantly on the rise, borrowing for higher education can no longer be considered a luxury. It is a necessity. Law students have enough headaches without worrying about financial woes. We wish to thank Messrs. Greiner, Wallin and Marlin for the hard work and long hours they invested in distributing the questionaire and compiling the data. Their commitment to the student body is appreciated. We also wish to thank the student body as a whole for taking time to complete the questionaire. The time invested was well spent. It just goes to show when all hands work together, things get accomplished — a lesson worth remembering when future problems arise. Letters To The Editor: SBA Campaign Statements Bedrij Addresses Financial, Academic Issues To the Editor: As candidate for SBA President, I feel that it is important to express my concerns on the issues that affect us as law students.. . ■■■--,The Student Bar Association is often challenged with the criticism "Who cares?" In reality though, such a critique is invalid. The bottom line is that student body is able to let its views be known. An excellent example of this is the recent constitutional referendum in which an overwhelming number voted. By the response, the student body clearly took the time and effort to read and consider the issues presented. In the upcoming months, a key issue for consideration is going to be the budget. Every law student has an interest in this process because the funds come from our own pockets. The budget must be handled effectively and cogently. This does riot mean that we not spend money, it means that we spend it well. Proper spending includes such expenditures that both enrich our school academically and socially. a. from a practical approach to legal education towards a generalized view. Without passing judgement on the matter, I strongly believe that the students' interests must be served in discussions of their legal education before any plans are finalized. Socially, this law school very desperately needs a sense of community. Among the events that need encouragement are, for example, informal get togethers such as the dean's party, intra-school athletic intramurals, and the senior Barrister's Ball. To the Editor: Your Vote Counts — — Opinion February 21,1980 The discouraging thing about this though is that it reflects a general attitude by the law school towards the students. The administration must be made to realize that the student body and its represen- ' tatives are a responsible and viable force that in a very few years will be fellow lawyers. As president, I will have the energy and integrity to carry out my proposals. Orest Bedrij To the Editor: September, when Orest started I'm running for SBA President in this election to give students represented opposing viewpoints on most issues throughout the year. Orest is very concerned with procedure. The proposed constitutional changes, which would have removed power from the student body and centralized power in the hands of the SBA officers (proposals all defeated in the referendum), were written primarily by Orest. Orest is also a fiscal conservative. I, on the other hand, do not favor centralized power. The student body, at any given time, is more reasonable than the SBA. I feel that substance is more important than procedure (although the importance of procedure_cannot be overlooked), and frankly believe that the SBA has not produced much of substance since I have been here. The basic function of the SBA has been to dole out student activity funds. Due to the fiscal conservatism of many of a clear choice between candidates. My opponent, Orest I have been SBA directors together since Bedrij, and of new lawyers graduating each year and employers do group seniors by alma mater. If the school's reputation is developed, the graduates benefit. The NYC Placement Program is one attempt to enlarge UB students visibility and employment opportunity. I think the program should be continued and expanded. Secondly, I see a need for student input into curriculum decisions. There is no justification for removing credit status from Moot Court or Law Review. Where some students work part-time, others spend a lot of time in these activities activities I might add, that enhance the image of the school if done well. There should be a revision of the system whereby students are required to have 54 hours credit their last two years, regardless of their course work their first year. Otherwise, a problem such as occurred this year with Criminal Procedure will occur again a course, with the same work load as one worth six credits last year is now worth four credits, and if a freshman chooses to take it, he is still required to take the same upperclass workload as someone who is taking a three or two credit elective. Fair? Hardly. I would like to achieve some semblance of movement toward these goals. I feel they are important to students today and the University tomor- — students congregate has become despoiled. In terms of the law school It requires but a minimum of effort to deposit one's trash itself, I see two needs. First is in the cans so thoughtfully provided by the administration. to continue-to raise the impres- row. As Andrew Jackson once said, "Don't crap in your own sions of the school in the pronest." fession's eyes. There are a lot 2 Recently, a Faculty/Student committee voted (without the students being present) to consider eliminating creditfor Law Review, Moot Court, and BLP. This vote took place literally behind the backs of everyone. Pierson Describes Differences Between Herself And Bedrij Dooley Wants Liaison Role I am a candidate for vicepresident of the SBA. My main interest in serving in this capacity is the position it is accorded in terms of the relationship with the entire University. The vice-president is the law school's main student liason with the external university Thirty four dollars may not be a lot of money. But five body. I see as a need the creaminutes at the polls is surely not a lot of time. And you can tion in the student's minds a that law school is exercise some control over your $34 annual student fee by conception an holistic concept, more than the SBA election. voting in upcoming just three whole If you don't think your vote counts, think again. In an years school of a person's life; SBA election two years ago, a candidate running unopposThe key is participation. The ed for an executive office lost because he failed to gain a SBA has done several things in majority of the votes cast, including those cast for write-in this area like the recent parcandidates and those left blank. ("Blank" won, the can- ty. But in reality, whether didate finished second and the leading write-in ran a close school is considered more than just school depends upon the third.) Granted, that situation was unusual. But it's a fact that in entire university. There is a last year's election the sixth second year directorship was problem here. From the lack of gained by a slim five vote margin, and the sixth third year gym facilities and intramural organization right down to the winner beat the pack by a single vote. fact that most students- don't Spend a little time learning the candidates' views and really think that much is going vote for those who represent your interests. If the to change. economic recession predicted for the fourth quarter hits as This isn't a real uncommon expected, it may be the best investment you could make all feeling in universities, but at year. ÜB, with Albany switching money, building schedules, and faculty lines at (what almost seems to be) random, The bench area in front of the Law Library is an absolute it's almost a übiquitous feelmess. Slothful students (you know who you are!), too lazy ing. Certainly one person can't to walk the ten feet to the trash receptacle, have turned change all this but I would like this once pristeen commons into a graveyard of rancid cof- to at least let the administraacfee cups, malodorous cigarette butts and fly-blown candy tion know thatofwe feel the are learning couterments wrappers. It's unfortunate that an area where so many law important also. Bench Beautification In the academic realm, for example, the administration has proposed major changes in the curriculum. These promove away posals include — Patrick Dooley school here at ÜB, and have the Board members, however, the money is spent in small in- crements leaving a surplus at the end of the year. I feel tfiat this money should be spent in the year that it is received. The students who contributed the money should benefit from it while they are still in school. Your choice is clear. I hope when it comes down to the vote, you'll vote for me. Thank you. melanie pierson Candidate for SBA President VOTE VOTE VOTE ' VOTE NyOTE vort ' �Letters To The Editor SBA Attendance Record Communication Is Key Issue To the Editor: My name is Perri Fitterman and I am seeking the officer of Fjrst Year Director. I am very con- cerned that our class be represented on SBA committees and that our voice be heard loud and clear on all issues that face the faculty, students and administration in the coming year. In order that our opinions be heard, we need a representative who will attend all meetings, keep in touch with the student body's opinions, convey these | opinions at meetings and maintain a willingness to work for our class and for UB law as a whole. All too often, important meetings open to the student body go unnoticed. I advocate more publicity regarding these sessions and a better system, of reporting what is happening within the SBA. I am willing to devote my time to keep the lines of communication open. I have a willingness to work and a desire to accomplish the changes we need. I hope I can count on your support. Perri Fitterman Two Problems In Particular Motivate Flint To Seek Office To the Editor: All of this year's candidates are qualified. I am sure that they all have, as I do, prior student government experience. What should be of paramount importance to the first year student body are the issues which have motivated us to seek office. Two issues have attracted my attention, and it is to these that I wish to apply my experience and energy. For all of us the Research and Writing program has been a chaotic burden: for some of us it has been a nightmare. I propose to conduct hearings aimed at developing a program that will (1) make the work load proportionate to the credits earned, (2) give greater emphasis to teaching research techniques (example: it would require more than five weeks of 24 hour-a-day viewing to allow all 270 students to see each of the 10 20 minute research tapes — did you see them.all?}, (3) extend the work over a 3 or 4 semester period giving us greater contact with the materials which would (4) reduce the time sacrificed from other classes. I also propose initiating hearings designed to examine the purpose, structure and administration of the Legal Methods program. It is the Stu- dent Bar Association's duty to respond to the students and to determine if their needs are being met. We should ask whether or not the program is conscientiously identifying these needs as they are communicated by the students and anticipated by the faculty and administration. We must champion programs that offer and demand excellence. We must oppose those which pursue only narrow, mechanical and self-serving ends. I am running for the office of first year director on an information ticket. The SBA board deals with matters concerning us all. Effective representation in these matters means your views are needed. I will elicit those views and convert them into decisions affecting our law People who know me know I am readily accessible to listen to P VICE PRESIDENT Jay Marlin P p p p p PPPPPPPPPPE PPPPXPPXPPPAEAPPPX TREASURER Charmaine Bissell SECRETARY Ted Donovan P. I960 4H9 4/23 9K 9/21. 1013 10/9 10/1710/30 11/7 11/27 1123 1/2* 1/31 2/1 w ', XELPPAXLXPLLI7EAEPAL PPLPPPPPPppppppppp THIRD YEAR DIRECT. Claire F»V Carol Gardner Sherman Kerner Tony Leavy Lewis Steele Dwight Wells PXPPEEXAPXALAAXAEA XXP X P EPXPPXXP PPPPPPPpppppp L XL/EXXAP - XL/EE others' opinions concerning any particular topic of concern. You should be made aware of vital decisions of the SBA and how they affect you, the student. The SBA represents the student body; allow me to represent you in the<SßA. Vote for informative student government. Thank you. , David Kimpel her leadership of the SBA Promotion and Tenure Committee. This committee is one of the most, if not the most active and important SBA commit- Under Melanie's guidance the committeebegan to fulfill its "promise of meaningful student involvement in the faculty decisions to pro- EAXXX PLPEXPPPPEP PEPPPPPPPpp PPPPXPAEEPA PPPAXLPPPEP PPPPAPAEXPA PPPPPAPPPLP Present for the entire meeting Excused for reasons of illness, class, employment Absent Because of class schedules, it has been virtually impossible to hold a meeting of the board of directors which every director could attend in its.entirety. Therefore, many of the directors who were late or who left a meeting early did so because they had class, and not - Late L Left early E Blank: Not yet elected to the board because they were "skipping" a meeting. If you have any questions as to a board members' attendance record, and October 9, 1979 were excused because these were "special" meetings, while others were not aware that a you should contact that in- meeting was taking place. dividual directly. Attendance for the meeting The large'number of direc- of September 12,1979 is not intors who were excused from cluded, as the minutes for that the meetings of March 26,1979 meeting have been lost. Schultz Offers Older Student Representation To the Editor: enough. That is probably true I but it wguld be as impossible have a for me to pass an understan- students and with the ever inpercentage of us older students, it is time that we were represented in SBA. My attitude and goals have been stTaped by years of experience in several professions and avocations. To a student who enters directly from undergraduate school, I have often come across as too me to understand older people when I was their age. Without placing a value judgement on whose attitude is more correct, it is sufficient to say that there is a real difference which needs representation. I am here for two reasons. I want to become a lawyer and I'm absolutely certain about that goal. But I don't see law school as simply a means to an creasing pragmatic and not idealistic end It is also an end in itself. Being a full time student is a great life and I intend to thoroughly enjoy the three years respite from the "real world" which I feel very privileged to have. I feel very strongly about the need for grading standards. The absolute discretion which teachers have to in effect determine our future earning potential is clearly a violation of due process. It is foolishness to believe that grades don't matter. Anyone in the placement office will quickly dispel that myth. The appeal process may as well not exist because in reality there are no grounds for appeal. I will push for a set of guidelines for each of the up in March. four grades H-F so that we will We cannot do it all on our have notice as to what is exown, however. The SBA, in pected of us and which will order to fully carry out its form the basis of an appeal in duties and responsibilities, case of a dispute. needs student input. If there is Grades aren't everything something which you feel is though and I want to prove lacking and should be done, that law school can be fun. I tell us get involved and enjoyed the party which we make your opinion known. had on February 8 in Talbert In running as a slate, our Hall with mixed drinks and goal is to eliminate the view of good music and I will try to the SBA as being sluggish and have more of them. I will push without purpose, and make it for a Diet Pepsi machine in the the means by which student second or fourth floor lounge, needs and desires can best be a covered walkway to the parkserved. ing lot, and anything else Slate Envisions New Image, Sense Of Purpose For SBA Editor: To the J ii In the past, the SBA has been perceived as not having a useful purpose. We feel that it is time for the SBA to become more involved in providing tangible services for the law school student body. Some potential include apartment locating for law students and the operation of a co-op to sell the mimeograph class materials to eliminate the mote and retain faculty bookstore's 25 per cent members. overhead. We urge all students to join The next 3-4 months is a both the law school and the community at large and an apus in voting for Melanie Pier- crucial time in which to set up projects for the coming preciation for others' sen- son for SBA President. sitivities. semester as well as for next Tony Leavy year.' This is especially true One example of Melanie's Lew Steele with the budget issue coming service to the student body is tees. L PPPXPPAPXPPAPPPPPP PPPXPPPLPPPALPPALP PLEPPAEPPXLLPLPXXE PXEXXPPLPXEAEPEPAE PPPPPPPLEPPPEPPPPP PPEPPAXEXPEPXAPAAE FIRST YEAR DIRECT. Orest Bedrij Paul Rocky D'Aloisio Ellen Dickes Pat Dooley John Feroleto Mark Suzumoto P X A- EPPKE |_/£ E P P P PXPPPPEPPPPEPEPPPP XPPPPPPPEPPELPPXXP XP SECOND YEAR DIRECT. Art Hall Paul Israelson Melanie Pierson Terri Rahill Jeff Taylor Mike Wiseman Being over thirty, Leavy, Steele EndorsePierson To the Editor: As third year directors, we have served with Melanie Pierson on the SBA Board during the last two years. From our perspective, we feel that Melanie is best able philosophically to serve as SBA President. She has demonstrated an open style, a willingness to discuss issues, a concern for PRESIDENT Leslie Wolfe Dorie Benesh 3(22 3/26 Edward Flint different perspective on law ding of my attitude to a First Year Director Candidate school than most younger younger student as it was for Kimpel Stresses Accessibility To the Editor: W9 V 312 3/7 projects — Orest Bedrij Pat Dooley Jessica Hawkens-Creenidge Steve Butler which will make our stay here more enjoyable. 1 Robert Schultz First year director candidate Febravy 21,1980 Opinion Page three �SUNY Suffers As Private Schools Get More Aid by Marc Ganz Senator Doug Barclay (R,C -Syracuse) addressed the au- dience of State University of New York students and staff: "Send your letters to the Governor and Budget Office. They are in charge of higher education affairs." Other senators repeated this policy aberration throughout the lob- bying day in Albany. For the past five sessions of the New York State Legislature, when students and staff ask the question "who is in charge of SUNY's budget?," the fingers go in all directions. "It is the Governor." "It is SUNY." "It is the Senate." None of the above groups want to claim responsibility for cutting the SUNY budget while simultaneously increasing subsidies for the independent colleges and universities of New York. SUNY's best friend in government has been the New York State Assembly. Led by Speaker Stanley Fink (D-Brooklyn) and Higher Education Committee Chairman Mark A. Siegel (D-Manhattan), the Assembly Guest Opinion people sitting around a table in against the mainly pro-private a legislative office in Albany. higher education forces in the Perhaps two of these people Senate Republican conwill be state senators. For the ference. majority of the A last five years the Senate, in Conference are Republican the firm grasp of Majority educated at private Leader Warren Anderson lawyers and practicing schools law (R-Binghamton) has. agreed firms withthe Carey proposals to the with large corporate law of detriment the SUNY system. Anderson is a trustee of Cornell University and is a SUNY administration. This con- graduate of Colgate Universitrasts SUNY's pro tuition hike ty, where he holds a position on their board of trustees. This stance last year. SUNY adversaries have appears to affect his higher taken an early lead, though. education policy position. Governor Hugh Carey, in his However, there is pressure in proposed budget for 1980-81, Anderson's district not to cut has eliminated many personnel the SUNY-Binghamton budget. lines from the state university How this will effect the SUNY system, including ÜB. He then budget as a whole remains to increased Bundy aid to in- be seen. The Chairman of the Senate dependent colleges and Higher Education Committee, universities. This has been the practice of Senator Kenneth LaValle the Governor every year since (R-Huntington) generally is 1974: decrease available funds committed to the SUNY posito SUNY and increase Bundy tion, having Stony Brook in his aid to the private colleges. district. LaValle is also general- Assemblyman Stanley Fink Many feel this is an overt act ly pro student issues. Last year to private of destruction to the SUNY he sponsored the truth-in- that give generously universities. colleges and now law. testing legislation, system, while artificially These thirty-four men It remains to be seen holding up the private coldecide the fate of most propro-public whether LaValle's leges. and on most occasions posals The final SUNY budget will higher education position will the conference vote is binding when pitted be maintained by three or four be decided for votes on the New York Senate floor. SUNY is in for a tough fight in gaining the support of the New York State Senate Republican Conran a front page story on Ford's the passage of time have not ference. Anderson's law firm, Hinindictment on these charges. left my vehicle unmarked; The indictment arose from a however, it has faithfully man Howard and Kattell tragic accident in Indiana transported me to and from (Binghamton) represents IBM, which claimed the lives of school and around town at a Mobil Oil and New York three young women after their relatively low cost and with no Telephone Company. Each of 1973 Pinto was struck from the hassles. these firms are donors" to Cornell and rear and burst into flames. But suppose I'm driving Syracuse, An enterprising Opinion along the Kensington one Rochester Universities. It may photographer went to the parksnowy day this winter and am be of benefit to Anderson's ing lot in front of O'Brian Hall smacked in the rear by some career to vote and support to photograph a Pinto to acdrunk driver with no snow higher subsidies to private company the article. The tires. Will that be the end of universities. There appears to photo, captioned "Ford Pinto: another young man with a be few incentives for Anderson The Alleged Murder Weapon," bright future? ("He had his to vote for higher SUNY was a picture of my car. whole life ahead of him!") Or budgets, aside from a large The publicity surrounding will I be able to get out of my SUNY-Binghamton budget. The budget game has started this case has forced me, as a car to contemplate a lawsuit? in this election year. Carey Pinto owner, to reconsider the (What a mercenary thought!) dangers of driving this car. While I know I drive a car fired the pistol to start the'conSince the Opinion story apthat many people refuse to go test. He hit SUNY in the heart peared, I have driven the car near, my mind conveniently and brain. SUNY will declare about 20,000 miles. The car allows me to put the danger again they need their faculty was hit once from the rear by a aside. I have taken certain and support staff to adequatecar travelling 10-15 mph. While minimum steps to promote the ly serve the public needs. the other car's front end was well-being of myself and my However, the State Senate has nearly demolished, my car suf- passengers. The fuel tank has ignored this plea for the last fered no significant damage. been modified by the five legislative sessions. Of course, Buffalo winters, a manufacturer, though I do not There are two ideas circouple of fender benders, and know how effective these culating in Albany in recognimodificiations are. I check my tion of the need for new rear view mirror every time I strategies. A) Close SUNY schools. This brake sharply and I leave my seatbelt off so I can get out of is not a popular idea in this the car quickly. election year. What schools These inconveniences. apd will the administration decide anxieties are relatively small, to close? New Paltz? Ceneseo? in putting together a Public In- but I still resent the arrogance Watch the same senators who terest Law Journal, and is look- of Ford executives shown by voted against stabilized SUNY ing for people to write their decision to market the aid cry with anger as the research and/or news articles car with this dangerous defect. schools in their district are on public interest law topics. And what kind of a society is closed. This will not happen in a reapportionment election C4PIL will be having a this which allows otherwise rational individuals to make year. SUNY will be cut a bit but meeting to discuss both of decisions like this? And what the cuts will be absorbed by these projects Thursday, kind of legal system are we the system as a whole and not February 21 at 3:30 p.m. in preparing to participate in by any individual college. B) An attack against private room 706. Please attend if you which may allow these people, are interested in eitherof these if they acted wrongly, to colleges and universities. The projects, or if you have any escape criminal liability on private schools, Cblumbia, other suggestions regarding slippery procedural grounds? NYU, Syracuse, Vassar, public interest law. Rochester, Colgate and CorAnd Pinto's still sell briskly. fought hard against the 1979 tuition increase and are determined to fight the proposed 1980 budget cutbacks. The Assembly may delay approval of the budget unless the public universities get a fair share of the higher education money available in this election year. It is expected the Assembly will be joined by the by Jeremy Nowak Earlier this month, Ford Motor Company went on trial on three counts of reckless homocide. The prosecution's case is based largely on several internal Ford memoranda which indicate that top executives at Ford had knowledge of the fuel system design defect. The defense, ably led by James St. Clair,"has thus far largely been successful in barring introduction of these memoranda. The presiding judge recently ruled that prosecution must independently verify the authenticity of these documents, despite the fact the documents were taken directly from Ford's files under a state subpeona. This ruling appears to be a serious setback for the state. It seems the significant issue of criminal corporate responsibility may never be fully addressed. In October, 1978, Opinion - Pinto Owner Considers Ford Case Public Interest Law Center Pursuing Variety Of Projects The Center For Public Interest Law (C4PIL) was formed last semester to promote and act as the focal point for student interest in public interest law. Currently the Center is active in placing students in internships with the Legal Aid Bureau of Buffalo, the Sierra Club, some international human rights projects, and possibly clerkships with City Court judges. The Center is also involved 4 Opinion February 21,1980 Nell, are strong and determined. They employ an excellent lobbyist and entertain legislators at lavish cocktail parties. The trustees of these colleges and universities lobby hard for the increases in tuition assistance (TAP) and Bundy aid (aid per student degree). Yet their endowment records reveal multi-million endowment funds. SUNY Chancellor Wharton has called for a cut in Bundy aid v This was in reaction to the $22 million increase the private schools are scheduled to receive this fiscal year. Such pro-public higher education groups as UUP and SASU are lobbying for legislation that will attempt to bring accountability to Bundy aid. Presently, Bundy aid is appor- tioned according to student degrees (BA, MA, etc.). The legislation proposes to change this system by paralleling the amount of student years attended with the educational degree. For example, Cornell will receive less state aid if a student receives a degree in two years rather than taking four * years to complete the degree. At the same time, the private schools will be forced to give exact accounting for all Bundy aid degrees they grant. The game has begun. Legislators will listen to each side lobby for increased aid. We are nearing half time. The private vschools have taken an early lead, via wealth and other means at their disposal. SUNY has attempted a comeback, via mass lobbying in Albany. The game will be decided by April 1,1980. The Assembly is expected to side with SUNY. They will fight hard. The Senate will side with the private cdlleges and universities, as they have for the last five years. There will be skirmishes as April nears. The prediction at this stage is SUNY will have concessions made in its favor, because it is an election year. The private colleges and universities will use their fiscal resources to persuade the legislators that Bundy aid and increases in student aid are essential to strong private schools. If history dictates, the New York Senate will again win the ballgame, for they are undefeated. �OF 1981 The SECOND SEMESTER (h@jfjSfl DISCOUNT m, MULTISTATE Book Is Here BOOK DISTRIBUTION DAY IS S1 flll IMU atUcut When you register for (QX2J/Oif 's Feb. 28 NEW YORK BAR REVIEW COURSE ALL 1980 GRADUATES WHO HAVE PAID OR WISH TO PAY THEIR $100 DEPOSIT MAY PICK REMEMBER: The last day to save $100 off the price of your course is Feb. 28 up their 1979 MULT.STATE volume. Note: In order to pick up a 1980 volume you MUST ...... , , AIBJ% A $50 deposit will RETURN a prevlou.ly issued Multl.tate Book. A QQ deposit ent t|es the savings you to he books N QW. insure ■ i< W The CPLR: An In-Depth Analysis W hlfeh* A Date: Feb. 28 - * .,•. — J" rial.i. V{fl II I #■ ■ m# I H M "4_ Wmm A _— Wfll ■■ ■■ ! Free Introductory Lecture H ■■■ ■ MM . ■ ■fIJP V MlWr KOOIti IUO Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Younger's course on New York Practice will be offered live in New York City and on audio- or videotape in locations throughout the United States. For further information, contact your local BAR/BRI representative, or: BAR/BRI (New York Bar Review) 401 Seventh Avenue, Suite 62 New York, New York 10001 . 212/594-3696 ... February 21, 1980 V*. Opinion 5 �End To Self-Hypnosis Is Key To Deprogramming by Amy Jo Fricano This is the second article in a series on the controversy surrounding new religious movements in the United States and their ardent adversaries, "deprogrammers." The series is based mainly on the observations of the deprogramming of Ellen and Peter, who were members of Divine Light Mission. They were deprogrammed by Ted Patrick at their family home in Indiana. anything for me that I wasn't willing to do for myself," Patrick says in a soft, deep voice that belies any trace of an impediment. He compares his childhood experiences to the cult member's involvement with religion. According to' Patrick, members are commonly programmed to believe that with total faith and devotion (which often includes donating one's property or income to the community) all of their problems will disappear. Divine Light devotees, for example, are told to "put their problems in their back pockets" and Guru Maharaj Ji will take care of them. Then, " Opinion put into it. "The first thing I have to do to deprogram a person is to prevent them from using selfhypnosis. Then I ask them questions about their 'religion' they are not programmed to answer. When they realize that it is psychologically impossible for them to answer a simple question requiring a yes or no answer, they are forced to think. In short, I get the person's mind working again. The more they think, the more open they will become." Robert found Patrick's conwhen things go awry, it is never tention that Peter and Ellen blamed on Maharaj ji or the would be unable to answer a belief system, but on the simple yes or no question indevotee's doubts in his faith, a credible. He rummaged defect or personal imperfec- around in the collection of tion in the Premie. Divine Light literature which Bγ this logical structure, had been confiscated from then, the Premie is encouraged Ellen and began reading Life to isolate himself from With Knowledge, A Premie everything that might increase Guidebook. his doubts in his lifestyle and He stopped flipping pages at Maharaj Ji's techniques. Ellen "The Five Commandments." calls this phenomenon "an As he read the tenets over and over they began sounding ultimate in guilt trips." By combining this blind ac- more suspicious. ceptance with meditation, the "1. Do not put off until Premie eventually becomes tomorrow what you can do tomore and more withdrawn as day. he turns inward. He has less "2. Constantly meditate and and less contact with the remember Holy Name. "3. Leave ho room for doubt "evil" outside world which has come to include his own famiin your mind. After two tense days of waiting for Ted Patrick, the house was like a cross between a marathon slumber party and a fort under seige. Everyone involved in the deprogramming was tired, giddy and impatient. Goose, Laurie, Jim and Peanut, the advance team that had made the snatch, waited for Patrick the way they always do, playing cards, eating, sleeping on the floor, and drinking vast quantities of beer. They also kept a close eye on Peter and Ellen, who were being kept in separate bedrooms at opposite ends of the house. Betty, the twins' mother, kept busy cooking and working in her garden. Her husband Dick, had taken a week's vacation from the hospital, and occupied himself painting the ly. back porch. Nerves were on edge. Goose, Patrick's arrival at Peter's a veteran of 40 deprogramm- and Ellen's deprogrammings ings kept telling everyone had been delayed when he things would get better when misunderstood "Indianapolis" Ted got here. and flew to Minneapolis inBut "Black Lightning" was stead By the time he corrected two days late and no one, even his mistake and arrived in Inhis personal secretary in San diana, sheer fear and the Diego, knew where he was or passage of time "had done a when he would arrive. lot of work for [him]," he said. The nickname alone implies Before ascending to the Patrick must be a bonafide bedrooms where Peter and vigilante, specializing in illegal Ellen were being held, Patrick activities which infringe on the sat down for a hearty rights of his victims. To some breakfast, taking time to fully Patrick is a blatant criminal brief the family members on who regularly practices 'kid- what to expect over the next napping, assault, illegal several hours and days. Patrick said he would work restraint and brainwashing. Patrick's academic creden- with Peter and Ellen separately tials hardly qualify him as an "until they snapped." He exexpert on the workings ,6f the plained this was a crucial turnhuman mind. He is neither a ing point in freeing the doctor of medicine nor a deprogrammee from mind control. It indicated the point at psychologist. Patrick, a tenth grade which the mind began running dropout, describes himself as a on its own, independent of the man "with a Ph.D. in common cult's control. sense." Perhaps it is Patrick's Over coffee, Patrick began background which uniquely squarely describing the proqualifies him for his cess of mind t itrol n order to make it easie; 10 understand deprogramming tasks. As a child, Patrick had a very the psychological condition of severe speech impediment, so Ellen and Peter, and what their severe he shied away from reactions to the deprogramming were likely to be. talking altogether. "The meditation they do is His mother paid handsomely for the privilege of taking her nothing more than a very son to revival meetings where damaging form of selffaith healers and charlatan ho- hypnosis, so that they program ly rollers promised quick cures automatically for all physical ailments. themselves. The techniques Patrick says he finally realiz- destroy a person's freewill and ed his mother was being ability to think, act or make swindled; the laying on of decisions on their own other hands and speaking in tongues than what the cult leader has programmed them to do. was not the answer. "I will prove to you that After he woke up to the sham, Patrick taught himself to Peter and Ellen are programmed. You see, the mind is the talk. 'God' wasn't about to do oldest and best computer in 6 the world, and the only thing that will come out of a computer is what the operator, in this case Guru Maharaj Ji, has February 21,1980 "4. Always have faith in God. "5. Never delay in attending satsang." Robert thought, "Join now. Hypnotize yourself. Don't think. Always believe. Seek group reinforcement." Hypnosis is being used as a healing aid in stemming pain and even stopping blood flow. Robert wondered if hypnosis could also affect the information-processing capacities of the brain. America's Snapping, Epidemic of Sudden Personality Change (Conway and Siegelman, 1978) is a psychology of social movement study of America's religious cults and massmarketedtherapies. It is based, in part, on hundreds of interviews with members of various goups. A strikingly large number of the interviewees described an internal "snap" as if personality were a brittle plastic credit card. They often spoke of a precipitous "high" during an intense experience which sent them into their new life styles. Parents, spouses, and friends of those who had undergone the sudden, drastic alteration in personality also commonly described the "snapping" of the newly enlightened in- dividual as if a new, unrecognizable person was inside the old one. Patrick nonchalantly in- troduced himself to Peter,as Peanut, Goose, and Jim scurried about the room unpacking and assembling Patrick's video taping equipment. Very little was said until the system was in place. Patrick regularly tapes these sessions for use in other deprogrammings, although they have come in handy as legal evidence, an impartial record of the proceedings. Patrick arranged two chairs so he and Peter sat facing each other nearly knee to knee. Peter clung to a white blanket which was draped around his shoulders as it would be when he was meditating. Susie, ah ex-Premie who had been deprogrammed by Patrick, joined the crowded room to assist the procedure. Peter was anything but pleased to see her. Susie mentioned the blanket to Peter. He insisted he was cold. Patrick first set to work proving his hypothesis that Peter would not be capable of answering certain simple ques- tions. "Peter, if the Guru told you to come to one of his festivals, and your mother died, would you go to the funeral?" Patrick Ted Patrick Premie universe! what hears is much the same as listening to a conch shell. Holy Name is the breathing control element. As the Premie concentrates on his slowed breathing, he hears Maharaj Ji's Holy Name within him. Nectar is achieved by twisting the tongue back in the mouth, a sort of swallowing action which forces the tongue toward the nasal cavity. The Premie then tastes God's "sweet nectar," but a doctor would tell you the Premie tastes only mucous. It took approximately six hours for Peter to "snap." Peter spent the final hour alone with Patrick and the video camera. Patrick seemed to be able to tell the precise point in time when "Peter's mind was open enough to remove the hypnotic sugges- asked. After a deafening pause, Peter sputtered, "You can't ask me that. Maharaj Ji would never ask that of me. My mother isn't going to die." Patrick insisted on a yes or no. "Would you go to the funeral?" he repeated. Peter sat there stumped. He literally couldn't answer. The observers wondered why he couldn't even answer "No." Lines of questioning about tions" which had been placed Divine Light practices drew there. When Patrick finally emergevasive answers at best. When Patrick inquired about the ed from Peter's room, he imdetails of the meditation mediately started working with techniques, Peter's begrudgEllen. He worked through dining, final answer after skirting ner with her, until past midthe question was invariably, "I night, because "she was so can't describe it to you. You close to snapping" Patrick can't understand it in words. didn't want to start over the . You have to experience it for yourself." Ellen would mimic these very words several hours later. With prodding from Patrick and periodic doses of inside information from Susie, Peter gradually admitted details about the meditation technique, dribbling out snatches of it, as he fervently struggled . next morning. Robert ate dinner with Peter, and couldn't help noticing the drastic difference in Peter's appearance. The dull, inactive look of Peter's eyes had been replaced by a familiar glow, Robert said. Peter's eyes had new life, and his facial muscles, which had pulled his lips so taut and motionless had to defend his faith. relaxed. Peter's smile had The meditation technique somehow become more has four aspects, a closely believable to Robert than it guarded secret a devotee had been in some time. learns only when church By the time everyone retired higher-ups decide the person that night a feeling of relief may "receive knowledge." The surrounded them. Patrick said aspects are Light, Music, Holy he had a little more work to do Name and Nectar. / with Peter and Ellen the next Premies are instructed to sit day. in a quiet, dark place, on a He explained they were now small pillow, draping a sheet or entering a psychological state blanket over themselves. Prac- which he called "floating." ticed properly, Premies are The next task would be to keep told they will achieve certain the twins busy, mentally spiritual results. stimulated, so that they could The light technique is done not lapse back into meditation. by applying pressure to the The next day would give eyelids with the fingers. After Robert a long awaited opporlong enough, the Premie is told tunity to challenge Peter at he should see a "blinding white chess. They hadn't played light, five times greater than since Peter became a Premie. the sun." He is not told this Robert thought about having sort of irritation to the optic his old golf partner back. nerve normally produces a But none of them dreamed white light effect. of the burst <>f spontaneous, The music aspect is perform- celebratory dancing that ed by applying pressure to the would fill the house with clapears with the fingers. Rather ping and laughter the next than the harmony of the evening. - �Pep Talk Sabres organization which is operating upon a specific plan of improvement. This includes no blockbuster trades or buying up contracts but a philosophy of success controlled by people who have a history of making the right moves, and a willingness to try new ideas. (Are you listening, Ralph Wilson?) A main reason for the Sabres success is the ownership. The multimillionaire Knox brothers spent five years trying to get an NHL team in Buffalo, finally succeeding in 1970. Since then they have brought in only the best hockey people to run the team, from Punch Imlach to Bowman, Roger Neilson and - by . . Are Buffalo's Bright Spot In Cold Winter Joe Peperone Despite what you may think after reading my last article, hockey isn't all bad. There is a team that consistently wins without brutality or cheap shots, one that stresses skating and scoring but still has given up far fewer goals than any other team in the National Hockey League, and one which has not been afraid to experiment with new coaching techniques, to spend money and to take risks. They are often the only bright note in a cold, snowy winter, and this year, they might just win it all. Buffalo's pride and joy-the Sabres. After many years of frustrating playoff losses, the Sabres are playing the best hockey of their ten year existance. Through a combination of generous ownership, organization, expert coaching and exciting players, strong not to mention rabid support from the best fans in the world, the Sabres are building toward the Stanley Cup. This is not just wishful thinking from a nine year season ticket holder. General Manager and Coach Scotty Bowman is not only building a strong team for this year, but is laying the foundation for future success. Unlike the Toronto Maple Leafs, the Buffalo Bills and the New York Knicks, teams which wildly fluctuate between success and mediocrity - the Sabres are an example of an Record Rack Another aspect which sets the Sabres off from every other team in the league is their coaching staff. While many other teams still rely on only one coash, the Sabres have four. Bowman is the head coach, Neilson the associate coach, Roberts the assistant coach, and Ed Chadwick, the goalie coach. These aren't just fancy names, however. Bowman is usually behind the bench, sendingplayers onto the ice. And Roberts is behind the bench with a headset on, discussing strategy with Neilson, who is high up in the pressbox, relaying information from his uni- years ago. Only time will tell if this improved play will carry through the playoffs. But is is apparent the Sabres will be a power in the league for many years to come, due to the careful planning of Bowman and his crew. Last summer, he drafted three 19-year-old players, knowing they wouldn't be allowed to play for the team this year. All three are now starters for the United States Olympic team. Bowman, recognizing their raw ability, was willing to be patient, drafting them now, passing over the hundreds of available players in the draft. He thought, then, they were better. The other teams in the league beleive it now. Building a dynasty. It hap- pened, under Scotty Bowman in Montreal in the 70s. He's in Buffalo now. The Aud hasn't had an empty seat for a hockey game in nine years. The waiting list is 10,000 names long. If Scotty .has his way, even the top- ten names shouldn't hold their breath. It may be a long time and many Stanley Cups before anybody gives up their seats. Temporary Closing Set For Tralfamadore Cafe que perspective. Jim Roberts, the Sabres three The players are now able to full-time coaches today. When relay information to Neilson the team faltered last year, on how the flow of the game is they didn't panic and bring in going, and Neilson is able to by Amy Jo Fricano regular Joes off the street who some unemployed coach to suggest, through Roberts, what audition for a spot in the show. finish out the season, but can be done in certain situaIf you're a Tralfamadore Don't let the amateur-status bided.their time until Bowman tions, leaving Bowman free to Cafe regular, and haven't, fool you. The Experiment atand Neilson were available. figure out who should go on heard the news, brace yourself. tracts some pretty funny peoNor was it a streak of luck the ice. So far, the system is And if you've been meaning to ple. "Six!!" that two of the best and win- working, and you can't argue hit the TralP since you landed Of course, comedy night has in Buffalo two and a half years its share of standard issue corn ningest coaches in the league with success. are now in Buffalo. Unlike in The four coach set-up is ago, but just haven't made it and Woody Allen-Steve Martin the NFL, where some people ! definitely not a case of too yet, get the lead out. The cozy clone material, but for the would rather play anywhere i many cooks spoiling the broth, jazz hideout will be closing its most part the comics are else than here, the Sabresi either. The Sabres have always doors at the end of this month. original, if not truly down organization is well respected I had a problem with motivaNothing permanent, mind home. They clearly tell the around the league, with many tion. They appear to be playing you. Better yet, the cafe is best Buffalo jokes in the players and coaches hoping to with a lot more desire this moving downtown and expan- universe, which stands to since eventually get a chance here. season. The coaches have ding in the process. It will reason, they're This is due to the fact that, i stressed the fundamentals and eventually occupy the first two hometown experts. Ever heard unlike the situation with the■ positional hockey which so floors of a building adjacent to a Danny Nevereath vision of Bills, the money has always; many teams have neglected in Shea's Buffalo Center for the the weather done with an been available in the Sabres the past few years, and the Performing Arts at 646 Main St. authentic Cheektowagaorganization for the scouting! results are obvious, especially in Buffalo. The renovated comDompolski accent? "Vinnds and signing of players. Like the; when glancing at the team's plex will contain a full scale gustingg to tirty tree miles in Dallas Cowboys and the Pitts- ■ goals against average. theater upstairs, with a hour." I mean reallyl Muck Statistically, Sabres goalies restaurant and brand new Motors?? burgh Steelers, the Sabres have built themselves almost ex- Don Edwards and Bob Suave nightclub below. Fans will be glad to hear the Renovation ofthe building is Experiment's show will go on, clusively through the draft. are having their best years The quality of the scouting; ever. The defense, led by Jim expected to be completed durspite of the Tralfamadore staff is not only apparentt Schoenfeld, Bill Hajt and ing the summer of 1981, but in through the high draft choices i newcomer Ricky Dunn, has some predictions are for as Cafe's temporary closing. which have turned out well, tightened up and allowed few early as November, 1980. So if Beginning March 4, the Combut also by players like Doni breakaways. Gil Perreault, you don't book your weekends edy Experiment will be appearEdward and Craig Ramsayi Danny Care and Derek Smith that far in advance, remember ing at Mulligan's Nightclub at -who were picked in the later are having their best scoring the last available dose of jazz 1669 Hertel. The Tralfamadore Cafe's rounds of the draft after being; years of their careers, and Rick at the Tralfamadore Cafe's prepassed over by other teams ini Martin is playing like the sent location will be February programming for its last month is a little different than usual, 50-goal scorer he was five 29. the league. While some people take so here's some of it. Weekdays: their jazz as religiously as they Closed Monday. Comedy Tuesday, followed by a late show take their vitamins, I recommend comedy night at the with folk singers Joe Head and Tralfamadore Cafe for those of John Brady. Wednesday and Like Hell." This album works in you who are into toning your Thursday seems to speak in contradicfeature the Jeremy tions. The album js identifiably so many ways that it sould laugh muscles. Every Tuesday, Wall Rhythm Section. Each Floyd without sounding like stand the test of time in much The Comedy Experiment weekend a different act runs, their other albums. The songs the way that their Dark Side Of features area "comedians," this weekend with Cabo Frio. work better as individual cuts, The Moon has. Eternal Are the Moments singles even, than the group's Yesterday I made a friend. Today we said good-bye. repetoire ever has. Yet, the Friends are friends forever..at least until they die. album is a unit more so than Kenny Kenny Rogers Whispers weep from tall green grass, swallowing up your stone: anything else they've released. If friendships last forever, why am I alone? Like good wine, Rogers gets The latter is quite an accareer, His solo better with time. I loved you, oh, so very much, until the day we died. complishment when you think charts, on the growing pop Honesty so much alive...until the night you lied. last ever how much their about Flames of love consumed our lives; fire unrestrained. will jump quantums with this three albums were units. Embers turn to ashes till nothing else remained. The story line is so muddled album. almost sounds too This album And so a Man with crown of thorns on a cross was nailed, and hard to follow that it combut has pop country, Rogers to to be To show the world the love of Cod...a love that never failed. try listen to and pels you never let that before. And so it was the world was stunned to hear His final plea; him stop follow it. An album about Why, oh why, dear Cod have You forsaken Me? various types of alienation, Great numbers like "She's A Mystery" and "You Turn The this record should not alienate ETERNITY'S FOREVER at least until tomorrow big in When tears of joy too suddenly become the tears of sorrow. any Floyd fans who give it a Light On" should make it Of NOTHING LASTS FOREVER, for this is what they say. fair chance and should create many radio formats. "Coward So where is there security if nothing gold can stay? superb story a whole new set and genera- The Country" is a of "The the mold song „in tion of fans for the group. Eternity in moments as we watch t(ie setting sun. Outstanding cuts include Gambler." *<You Decorated My Resurrection in the morning, life has just begun. already its "The Thin Ice," "Another Brick Life" has by goingdemonstrated Top 10 and is potential No need to ask the question if the sun will come again In The Wall, Pt. 2," "One Of still climbing. A major success When eternal are the moments, we never wait for then. My Turns." "Hey You," "Commajor talent. quasi N. Rem [W] fortably Numb," and "Run from a ~ , ' ' > > ., > • r 'Dinosaur' Returns To Solid Acceptance by Mike Rosenthal Remember last summer when the. new wave sounds were at the forefronfof every radio station's playlists? When turning on the radio meant Blondie, The Cars, The Knack and Joe Jackson? When everyone was talking about the dinosaurs of rock? Well, when the fall came every one of those so-called dinosaurs began releasing their new material and every one of them returned to find their audience and airplay solid. Some, like Led Zeppelin found themselves more "successful commercially than they ever had been in the past. Here we have another socalled dinosaur. And here again the skeptics are proven wrong. - The Watt Pink Floyd Pink Floyd's album is a anomoly. Everything about it - - - February 21, 1980 Opinion 7 �Law Students Qualify For MoreFinancial Aid continued frompage 1 These were median figures. Extremes were eliminated from the computations. The survey's originators multiplied the monthly figures by 9.5, the months in attendance per year. After the 1979-80 monthly expenditures were adjusted for inflation, they were added to the noninflationary figures for tuition and books. The resulting sum was the figure the law school Financial Aid Office felt would be needed by the resident law student for the 1980-81 academic year. Most of the survey results were accepted without change by the university Financial Aid Committee to Students. The transportation line, now including automobile expenses, was raised to $824.60 per year, $500 more than the previous .. from the university will not be increased. There will be no increase in the amount of NDSL or Work-Study funding distributed. However, law students will be entitled to more NYSHESC loans if desired. The federal government now subsidizes the interest payments on NYSHESC loans regardless of the applicants income. In addition, NYSHESC loans are no longer based on need. Response to these developments has been tremendous NYSHESC loans are up 60 percent statewide over last year. The questionnaire distributed by the law school Financial Aid Office was the first time hard financial aid data had been made available and compiled. Other components of to be havthe university community took Last semester's exam grades have been posted. This first year student, however, seemsremain past. people school, a semester few the ing letting go very trouble of the After of law advantage or the survey to resame. current their average evaluate student budgets. The Financial Aid Office is not advocating law students go into debt. But, as Marlin bluntly put it, "We don't want them to run out of money in March." page 1 treasurer by appointment upon dent, after conference with the It is hoped the survey and continued from that, so upon motion by any two-thirds SBA approval. Only president to temporarily new projected average student Ed budget have established a law student together with the 100 of a necessary 140 votes assume the duties of any ofrealistic basis against which to concurrence of two-thirds of were garnered, the student ficer or director failing to perbody indicating its preference measure future budgets. It is SBA, an appointee may be terduties, manfor special elections in such form his or her also hoped the higher cost per minated. treasurer to submit dating the student figures will enable the More provisions were circumstances rather than apa rather than a semi-monthly more One of defeated than passed. pointment. law school to receive Interestingly, the provision monthly financial report, and consideration from Albany and the more heavily opposed proother outside sources when posals called for filling vacan- to fill a president's vacancy naming the secretary as the dealing withfunding and finan- cies of resigning vice with the vice president nearly SBA rules committee chairperpresidents, secretaries and passed; falling only five votes son, cial aid. the official advisor of short of approval. But, in the event such an assumption of parliamentary procedure and presidental duties by the vice the official SBA liason with president occurred, the SBA-recognized student students strongly expressed a organizations. "New York State Taxation" covered during the seminar are preference that the vice presiAn additional provision the rules affec- dent's vacancy be filled, not by is the subject of a program to the sales tax did not pass would have which ting Bufmanufacturers and be offered February 22 in ven- appointment, but by special prevented a student from both falo by the New York State Bar dors, and the report of the election. Temporary Governor's ComAssociation's Continuing Legal The new concept of "con- running for and holding two or positions SBA Education Committee and the mission to Review the Sales tingency directors" also failed more and Use Tax Law recent to garner sufficient student apTax Section. simultaneously As in the past, The program begins at 9 a.m. franchise developments, re- proval. By a vote of 108 to 103, students will only be property tax 31 short of the necessary twoat the Sheraton Inn-East at cent prevented from holding more developments, and practice thirds, the idea of filling direc2040 Walden Aye., Buffalo. than one office at a time. Some of the areas to be and procedure in dealing with tors' vacancies by appointFinally, the provision to the New York State Depart- ment of those candidates for authorize SBA, by two-thirds ment of Taxation and Finance. office not elected in the bind the vote of The program chairman is original election in the order of approval, to any student appointee to a Paul R. Comeau of Buffalo. their finish in that election was faculty or university commitSpeakers will include Edrejected. Again, these vacanwas narrowly defeated. ward A. Griffith Jr. of Buffalo, cies will continue, as they have tee Two more yes votes were Peter L. Faber of Rochester, in the past, to be filled by necessary to approve that proMichalak and Francis Ronald J. special election. posal. the 1979-80 school year are Busold Jr., both of Albany, Regarding the duties of SBA has, since the time of eligible, but published articles or Joseph H. Murphy of Syracuse, SBA's oficers, the students did those, which have been accepted and Frederick J. Martin of the recent referendum, worked not approve the following profor publication are not. White Plains. posals: allowing the vice presi- its way through the remaining Papers should be postmarked sections of the old constituby June 30, 1980, be double-or tion. The provisions and protriple-spaced and not exceed 50 posals discussed above were "An Introduction to Pension sibilities, prohibited transac- the product of deliberation pages including footnotes. Entrants should include their and Profit Sharing Plans" is the tions, procedures for termina- over the first half of that conname, permanent and temporary subject of a program to be oftion of plans, practical drafting stitution. As a result of the addresses and telephone numbers, fered February 29 in Buffalo, considerations, and protecting deliberations regarding the sename of their law school and their by the New York State Bar employee's rights with the cond half, SBA will be submityear in school. Association's Continuing Legal plans. ting proposed changes to the Essays should be mailed to: Education Committee and the The program chairman is Anstudent body at the time of the Coordinator, Law School Essay Tax Section. drew j. Fair of White Plains. upcoming t SBA ' election, Contest, ABA Criminal Justice The program begins at 9 a.m. The speakers are Seymour February 28 and 29. These final Section, 1800 M Street, N.W., 2nd It will be at the Sheraton Inn- Goldberg have received apof Manhasset, Irving proposals Floor South, Washington, D.C. East, at 2040 Walden Aye., Bufproval from two-thirds of SBA D. Brott Jr. of Buffalo, Charles and are not repetitive of any of 20036. falo. For further information, please Among the topics to be J. Vacaro of Great Neck, Larv the proposals previously ofcontact Marcia Christenson, ABA, covered are the selection of dis Olesker of New York City, fered. The new proposals will Criminal Justice Section, 1800 M the proper pension or profit- and Barbara D. Barth and also require two-thirds apStreet, N.W., Washington, D.C. sharing plan, tax consideraRichard S. Fischer, both of proval from those students who vote. 20036(202)331-2260. tions, fiduciary responRochester. - First Year Students Dominate Vote In SBA Constitutional Referendum William Greiner The total budget for resident students, currently $5,800, has been raised to $7,200 for the 1980-81 academic year. The married and commuter law student budgets, currently $8,056 and $4,410, have been raised to $9,000 and $5,285, respectively. The married student budget is similar to the budget with the exResident ception of the room and board line. This $2,700 line was doubled when used to calculate the married student's budget. The increase in the average law student budget will result in an increase in the law student's capacity to borrow money. However, financial aid Bar Offers Taxation Program — . — Exclusionary Rule Is Topic Of Student Writing Contest - WASHINGTON, D.C. The American Bar Association's Criminal Justice Section announced sponsorship of the 1979-80 Alan Y. Cole Student Essay Contest. The subject area for this year's contest is "The Exclusionary Rule: Do We Really Need I;?" The winner, to be announced in July, will receive a $300 cash award. Essays will be judged by a three-member panel of section volunteers. The contest is open to all students enrolled in ABA accredited law schools except candidates for advanced law degrees and ABA employees. Entries may consist of a discussion of case law, litigation techniques, or any legal discourse which might further advance this field qf law. Papers prepared for 8 Opinion February 21, 1980 Pension Plans Seminar Set ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-02-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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Failing these requisites, SBA would hold an A referendum is being held election as the current conThursday, February 7 and Fri- stitution provides. day, February 8 to give law Vacancies created when the students an opportunity to president, as opposed to direcchange the current Student Bar tors, resigns when more than Association (SBA) Constitution. 48 days of his or her term reOnly those constitutional pro- mains are also dealt with in the posals receiving two-thirds ap- proposed constitution. The current situation reproval from those students who vote will become effec- quires an election to be held in tive. the event the president resigns. Benesh The following proposed changes received SBA approval enabling them to be placed on the ballot. SBA has approved moving annual elections for officers dnd directors from spring to fall. Under the current constitution, new officers and directors from the first and second "year classes are elected on or before the first Thursday in March. Third year directors (not officers) continue to serve until May. —photo by mike shapiro itudents faced empty shelves as bookstore's stock dwindled. Bookstore Shortages Unavoidable Problem by Alan Beckoff Now that the dust has settled in Baldy Bookstore, Mary Lou Palesh, the bookstore assistant manager, says this past January's rush was no bet- or worse than previous ones. According to Palesh, who was honored by the law school's class of 1978 for her dedicated service, the beginnter ing of the spring semester is always more hectic than the beginning of the fall semester. "The summer gives us more time to get things straightened out," she said. "But over Christmas everything is rushed and publishers close for a few days." Professors generally place their orders during November. "The earlier a professor gets his order in, the easier it is for us to solve problems," Palesh said, because if the book is out of print or the publisher doesn't have enough, the professor will have enough time to change his plans "Most are pretty good about it," she added. The bookstore also makes orders based on estimates of class size from Charles Wallin, the registrar. But that method is far from foolproof. For instance, Virginia Leary's international law class was supposed to have 85 students. Come January, there were over 30 extra students registered. Furthermore, Leary had changed the book for the course, so students weren't able to compensate for the shortfall of texts by buying ones used last year. Philip Halpern's criminal procedure class provided a different kind of problem. The original registration figure was close to 150. But during the first week of classes, nearly 40 persons dropped the course and the bookstore was inundated with returns. Before this all happened there had been a delay in getting the book in the first place because a new edition was suposed to have been published. At the last minute the publisher reissued the current edition with an updated supplement. The text was in on time, but by the time the supplement arrived, the class had gone through its precipitous drop in size. "These last minute things always happen," Palesh said. "But there are always going to be problems.", The proposal would replace the president with the vice president. Then the vice president's position would be filled by appointment of the board. In all other situations of officers the special election would, however, be required unless there were less resigning than 48 days of the particular term remaining. Another provision approved by SBA'is that which forbids a student from holding more than one position on the board at a time as well as running for more than one position on the board at a time. Currently the constitution provides only that no person may hold more than one office. The purpose of prohibiting a person from running for more than one office at a time, is in- — continued on page eight Legal Implications Of Kelp Farming Studied by Carol Gardner The New York State Sea Subsequently, six first year directors are elected by their Grant Institute., a federally class on or before the first funded project, develops and manages a statewide program Thursday in Ottober. The provision which SBA has including the Sea Grant Law approved would eliminate the Program, as well as the New spring election beginning in York State Sea Grant Advisory Beginning 1981. with Service. The Advisory Service September, 1980, all officers provides information to perand directors would be elected sons interested in coastal in the same election if the recreation, fishing, sea food necessary votes are cast in the processing, coastal engineering, off-shore mining and referendum. coastal erosion. SBA also approved a proviThis year's Sea Grant sion which is completely new to the constitution and which scholars were chosen from requires student approval. students who submitted Under the current constitution, resumes, grades and writing if a director resigns before his samples to Professor Milton or her term of office expires, a Kaplan and Professor Robert special election must be held Reis, the faculty supervisors of the program. The program reto replace that person. The onto quires applicants a need ly time special election demonstrate productivity and not be held under such cira capacity for extensive cumstances is when the resigning director leaves office research and writing, as well as within 48 days of the time his or her term expires. a commitment to the demands of scholarship over other extracurricular activities during the year. A background in environmental issues, law or biology is helpful, but not necessary. The fellowships run from through December 1980 and are part-time (10-15 hours per week) during the school year and full-time (40 hours per week) during the summer. A stipend of $5,500 and a tuition waiver come with January the position. This semester Sea Crant scholars are concentrating their research on the legal implications of kelp farming. Kelp farming? The New York Sea Crant Institute asked this year's scholars to report on the economit, technical and legal feasibility of growing kelp (seaweed) off of the coast of v - continued on page eight UndeT the proposed provision the concept of "contingency directors" has been introduced. Subject to certain conditions, an election would not have to be held to replace a director resigning with more than 48 days of his or her term remaining. First, the vacancy would be filled by that person whoran in the previous election for the directorship but who placed, far example, seventh, rather than the necessary sixth to win the election, and who also received the number of votes, in the previous election necessary to get his petition validated for that election. Secondly, that person would have to be still willing to serve Sea Grant supervisor Milton Kaplan -p*ofo ""*' by Shapln �OpiniOn Vol. 20, No. 7 Letters To The Editor: Feb. 7, 1980 First Year Director Foresees Problems Editor-in-Chief Randi Chavis To the Editor: The student body at the law school will soon be asked to vote on some major changes in the SBA constitution. The most significant change is the moving of the election of directors and officers from March to September. The shift resulting in the terms of office coinciding with the school year is a much needed change for reasons which other people will expain. There are provisions included in the proposed amendments, however, which I Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, jr. Staff: Alan Beckoff, Paul Bumbalo, Tim Cashmore, Jon Dußert, Marc Ganz, Carol Gardner, Joe Peperone, R.W. Peters, Mike Rosenthal, Ed Sinker Karen Spencer. Contributors: Doric Benesh, Jay Marlin, Ron Winters. © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors, OPINION is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. up Quotable Quotes From The Buffalo Law School "It's nice to be here. It's a real slice of heaven." "That's called time warp. It happens every time you enter this building." "I think we have a good mix of attitudes, of approaches to law, of age, of temperment and of very strongly, differently held beliefs of what legal education is all *bout." "I learned to wear glasses here." "But when you have disclosed all of this, when you have informed of all this and when your client still iays, 'I don't care. I want it to be done this way.. ', then you will say, 'Now, you have a choice. Your choice is to follow my tactical approach or get another lawyer.' It's not that... you leave the decision up to the client." The big trend in legal education is a lot of people coming to law school who don't know why." "Well, the normal human student tends by and large to be slightly crasser and in a large measure a student who knows where he wants to go and generally runs over people getting there. The Buffalo student on the other hand has a well known tolerance for meandering around both personally and intellectually and probably has a better time that way." "What am I doing this for?" "I'm a law student and all I can afford is tunafish sandwiches." "The law students gentlemen." are real "Pounding the pasta... gets out some of your aggression you can't take on your books. You can't destroy your books, but you can really get rolling with the pasta!" "We'd like to be a significantly different law school from most of the other major law schools yet have an anchor in some of the 2 Opinion * basics that are important in preparing good lawyers for a society that is going to change and obviously going to change very rapidly over the next 25 - years." "It produces this atmosphere which I think is extremely healthy of a lot of openness, a lot of questioning -going on both between the faculty arid the students of what's the right way to go with legal education." "We've had a rule for a long time around here that we have to sit on these benches for an hour or two a week. That tends to make us more accessible." "I suspect too many of them are coming in straight out of college without having much of a background in the commerical world or the consumer world." "Wider people should not come to Law School, the seats are too narrow." "Grades don't hurt, aptitude wouldn't hurt a little, interest in law wouldn't hurt either, although it's generally wiped out in the course of law school." "Even those of us who have already passed beyond the golden age of 40 s,till, I think, harbor some real aspirations for not just this law school but for all legal education to be willing to crack itself free from a model that we think has lasted a bit too long as being the dominant model." "Come preparing to have some fun. Then do that because the worst part of law school is that it can get fiercely boring and unpleasant and don't let it happen. And this is one of those places where I suspect you have a better chance than most of not letting it happen." ' * A videotape produced by Katz and Spencer, February—March, 1977. February 7, 1980 believe will result in problems in the near future and I would like to point them out to the student body. First, the president will continue to be elected by a popular vote of the entire student body when the elections are moved to September. At that time, the first year students are, en mass, most familiar with the person who has run the orientation program. This will result in a situation where the person who rugs orientation will be elected president .every year. The reaction many students have is that this result is acceptable. The person who ryns orientation must by a dynamic individual, a capable leader and an energetic person who is willing to "dedicate much of this energy to the law school; in short, the person must have all the qualities of a good president anyway. Also, the persons who have been elected president in recent years in similar situations have proven to be excellent presidents. The problem, however, is that a condition will develop where there will be a fight to be selected to run orientation by those wishing to be president and the president will be appointed undef the pretext of being head of orientation. This is bad for two reasons; first, soon the head of orientation may be running for president unopposed, and second, a qualified candidate for president may not be able to be head of orientation because of summer job commitments. A solution for this problem would be for the directors to be elected as usual and then the directors, who are the persons most acquainted with each other's past participation on the board, will select a president and other officers from among themselves. The second problem is that elections will be held before the end of the second week following Labor day. This will move the elections by the first year students ahead one week. Most students may feel that the three weeks alloted in past years was insufficient time to get to know other students well enough for the elections. The reduction of time will only decrease their opportunity to know the candidates. It will also decrease the time other presidential candidates will have to introduce themselves to the first year students. Finally, the constitutional changes include a provision which will bar anyone from running for two positions at one time. This means that if a qualified person who has much to offer the student body as a member of the SBA board, decides to run for president and fails, that person cannot get on the board as a director. The students lose the services of a good director. The worst situation that could occur is if a person, who would be excellent for the presidency, cannot be involved in orientation because of job commitments. This person then decides to run for president to give the person who ran orientation a challenge and the person loses and thus, does not get on the board at all. The student body will not have this individual working for them on the SBA board. Each step of this situation is very probably and thus, the result is likely to occur. Every law student, being a member of the SBA, should consider the proposed changes for her or himself. The most important issue is that each student voice an opinion by taking part in the vote on the SBA constitution. This vote will decide how to run the organization which exists to enable each student to help control her or his situation at the law school. Paul "Rocky" D'Aloisio First Year Director, SBA Euphemisms Can Not Disguise Cheating . To the Editor: number of euphemisms: "received outside help;" I, for one, am outraged, "sought additional aid;" or disgusted, and horrified by the "violated the rules" — vbut it details of the recent Moot still comes down to the same Court scandal set forth in the end — cheating. January 24th issue of Opinion Obviously, not being a For several years now I have member of Moot Court, I have questioned the basic Moot only gotten my facts through Court procedure which revarious law school channels. It quires students to work in pairs is, therefore, possible that the and to rely on a partner's true facts if known may abilities and sense of respondiffer from those upon which I sibility throughout the, comhave relied. — petition. The Valentine-Lustig incident clearly proves the validity of my concern. Two completely honest, rule-abiding individuals can be heavily ten points each penalized because one of the two fails to turn in a paper on time. But two other individuals who merely break the rules by seeking against-the-rules outside help I believe that's known as cheating are assessed five-point penalties. And those penalties are brushed aside in a moment when to do otherwise would cause one person — — — — — — — organization, offering membership only to the "cream of the crop." Well, if this is the best there is I, for one, hope the board continues to hide away in the basement of O'Brian Hall. Those of us who place a high value on ethics and rules won't miss — you! Cathy E. Kaman Rejects Re-Election Benesh To the Editor: Because all terms of office for Student Bar Association officers and directors will be ending in early March (with the exception of third year directors who will continue to serve until May), I would like to take this opportunity to inform the student body that I will not be seeking reelection as SBA president. SBA needs, and the student body is entitled to, diversity in its leadership. Additionally, as many students as possible be ousted from the board. Of course the degree of should have the opportunity to experience the growth and penalty is only of minor concern. What is the major issue responsibility which naturally one conveniently overlookaccompany the office. Finally, SBA is more appropriately ed by the Board is that people who are now on the board suited for individuals whose may have cheated. You can time commitments outside of disguise that fact with any classes and course work are to Moot Court has always been somewhat of an elitist minimal. I offer my sincere gratitude to all students, both on the Board and off, to the administration and to professors for the support and assistance given during my term of office. A particularly warm thank you goes to Ted Donovan, not only for keeping SBA a living and integral component of UB Law over these past three years, but also for listening to my complaints, and for helping me fake it during those early days when I was becoming acquainted with SBA and its.processes. Best of luck to each candidate in the upcoming election and to the subsequent new slate of officers and directors. * Done H. Benesh �Letters to the Editor: . President's Corner Witness To Moot Court Events SBA Spring Election Deadlines Announced Corrects Some Speculations dent running for office, who and must do so by Wednesday, February to name To the Editor In the past few days I have heard a number of unpleasant comments dealing with the recent Moot Court hearing and the individuals involved. I wogld like to suggest that, rather than trying to revive an unfortunate episode with speculation and innuendo, anyone with strong feelings or concerns about the matter speak directly with those involved. Before adding unnecessary hurt, please find out for yourself what occurred beyohd the commendably factual account contained in the last issue of Opinion. I amjn a position to correct some of the speculations concerning the actions of Rick Valentine, as I was a witness to some of the events. The assistance he received consisted of a few corrections of grammar and spelling on the received and was given this assistance in complete good faith, making no attempt to hide his actions or to violate - Commencement will be held on May 25, at 1 p.m. in Kleinhans Music Hall. A social hour will be held at about 3 p.m. following the event. It is hoped the speaker yvill be Marvin Frankel, distinguished practitioner and scholar, and former Federal judge. He has a reputation '-tot- excellence as a speaker.- Information will be forthcoming regarding his availability.; The seniors by a poll count preferred to wear gowns. Gown information will be given out along with informa- competition. to the Board and accepted their decision. Anyone who knows Rick knows that he is an honest person and a fair competitor. By their vote, the Moot Court Board ■ evidently endorses this view. Those who are directly involved in this matter have resolved the issue to their satisfaction. I find it unfair, if not cruel, for others to inflict additional hurt without having the courage to first speak to those involved and verify their facts. Elizabeth B. Sommers tion about pictures, invitations and rehearsals. Much of that information will be available in the next month, or by midMarch. Students are free to invite as many people as they wish. It probably is wise to make reservations now for plane and motel/hotel accom- • modations. Qn behalf ofl the commencement committee, who really hay your best interests at heart, cheers and best wishes. Allan L. Canfield Ass't Dean forStudent A ffairs for the Commencement Committee Canfield Denies Planning Ceremony Sans Port-A-John feature of the commencement To the Editor: Rarely do I criticize Opinion , but in this instance I absolutely must. Nowhere in the last issue, nowhere — — much of which was devoted to lampooning Baird Point as a possible commencement site, do I find a picture of a portable John. Mr. Shapiro in his devilish finesse overlooked perhaps the most critical committee's planning. What is a commencement without a portable John? It is commencement without planning. From now on, Michael, I want you to raise your hand and signal either one or two when you want to go and take pictures. Allan Canfield Rental Complaints Solicited To the Editor: The New York State Consumer Protection Board has been monitoring complaints in the landlord/tenant area. We are presently drafting legislation to protect the rights of tenants. We would appreciate your publicizing our inquiry as many students are tenants and consequently have experienced the very abuses we seek to correct. We would be interested and most appreciative therefore, to of their fellow classmates in the following signatures and spirit - of t"he When questions were raised about this he voluntarily identified himself the-rule Commencement Information, Suggestions From Canfield To the Editor: placwishes have his ed on the ballot for that position, must turn in a petition. Those students running for the position of director need first rough draft of his brief. He receive complaints, suggestions and copies of leases from college students around the state. Please inform readers that relevant material should be sent to the New York State C6nsumer Protection Board, Advocacy Unit, 99 Washington Avenue, Albany, New York, 12210. Confidentiality shall be respected. Thank you for your time and consideration. Linda Valenti Consumer Affairs Attorney by Doric Benesh Since my last column was published, the plans for revising the SBA constitution and for the election of officers and directors have been finalized by the board. As you may have guessed, the work done regarding changes to the constitution has involved a lot of time and energy on the parts of all those involved. Those persons who worked the longest and the hardest include Ted Donovan, Orest Bedrij, Joe Fisher and Steve Butler who comprise the SBA Rules Committee. No matter how the student body votes regarding their proposals and the proposals as amended by the board, each of those individuals deserves much acclaim and gratitude from all law students and organizations. Once the constitutional referendum is behind us, we proceed rather quickly to the matter of spring elections, which will be held no matter what constitution is in effect. Everyone is advised to make note of the following time schedule for the elections. First, petitions will be available on Wednesday, February 6. Any first or second year stu- ' , 27. The election for SBA officers and directors will be on Thursday and Friday, February 28 and 29. Please note that there are other election rules and procedures which apply to all candidates in the election. Be sure to get a copy of those rules from the SBA office so that you are aware of all the numbers: First year students need signatures from 10 per cent of their first year classmates and second year students need 10 per cent of applicable guidelines. If any student has questions their second year classmates' signatures. regarding either the proposed Those students running for constitutional provisions or the position of president, vice the upcoming election, please president, secretary and contact any SBA director or oftreasurer are required to have ficer. Regarding matters not the signatures of 10 per cent of the law school's student body. related to the referendum and Petitions must be handed in- election, note that the Erie to the SBA Office no later than County Bar Association has 5 p.m. on Wednesday, contacted me regarding the February 13. Further, the possibility of establishing a deadline for any letters to the County Bar Association Stueditor of Opinion are due on dent Division. This discussion that date. Be sure to check is in its very early stages, and with Opinion office for the ex- requires interested students act time of their deadline. who have ideas as to the areas Candidates who do not meet in which the group can operate the February 13 deadline for with the ECBA. If you would like to take the petitions.will not have their name on the ballot, although part in the founding of this they may be written in. Can- organization and the establishdidates who do not meet the ment of its goals, please leave February 13 Opinion deadline a note in my mailbox (#330) or will not be able to have a letter talk to me in school. Additionally, concern has printed for student distribution, although other carrlpaign been expressed recently regartechniques will still be ding the lack of a women's available at the candidate's organization in the law school. own initiative. Men and women interested in On February 21, Opinion organizing any such group will be- published. Also, on should arso indicate their inFebruary 21, campaign posters terest by leaving a note in may be posted on the walls. mailbox #330. The next few weeks will be Any posters hung before February 21 will be removed. very busy ones for those inOtherwise, each candidate is volved with SBA. It is imresponsible for removing any perative that each and every notices or posters they hang, student also invests a little time in these upcoming events. We need your approval of the work we have accomplished on the constitution. Personally, I endorse the concept of fall elections and the Moot Court's disposition of ask for your approval in that regard. the matter is unique indeed Concern has been expressed a five point penalty if you don't need the five points to regarding the effectiveness of make the board and no penalty moving all elections to the fall some are concerned that onif such would prevent you ly those involved in Orientafrom making the board. Of course, if the facts of this tion will be. able to garner the matter differ from my necessary votes to win the understanding of them that is election others are concerndue to the less than full ed that SBA will lose continuity over the summer months. disclosure by the parties inI believe that the advanjfolued. Law mjdents should be held tages of fall elections far to the standard of outweigh any of the concerns I ethical conduct. And yet, it is have been made aware of. Fall obvious that this law school elections, mean that all students will be voting in the believes differently. Substantiated incidents of stealing same election for all officers (SBA past phone abuse), and directors, that those persons running for office will be cheating on final examinations, and now the latest Moot well aware of their time commitments, so that continuity is Court scandal go virtually unpunished. The easy way out assured, that first year students might be to cover the whole who are coming in can vote mess up. But, think about it! along with the second and The thought that Mr. Valentine third year students for those individuals who will act as SBA and Mr. Lustig will be representing our school in national com officers, thus alleviating any petition has me worried. The "orientation coattail concern." fact that people who cheat, in The goal for SBA is more conany way or any form, will still tinuity and more effectiveness graduate and go out to pracand I believe that moving electice law makes me sick! tions to the fall will be a step in lames F. Ryan that direction. Present Ethical Standards Cause For Disappointment To the Editor: I was fascinated to learn of the Moot Court Board's handling of their cheating scandal in the 1979 Desmond Competitin. I would have expected that any knowing violations of the "no outside assistance" rule would have resulted in immediate expulsion from the competition and the instigation of proceedings to place letters explaining such unethical conduct in the permanent files of the students involved. You can be certain I was surprised to find that the individuals caught seeking outside assistance were assessed the equivalent of only one-half of the penalty imposed for lateness. Had Messrs. Valentine and Lustig been caught cheating in Ancient Greece, they would have suffered far different consequences. If they were fortunate enough to have lived in Athens they would merely have been ostracized; had they lived in Sparta, however, where cheating if caught was detested, they would have forfeited life or limb. However, — - - February 7,1980 . Opinion 3 �From The Stacks Vandals Risk Expulsion on to the Character and Fitness Committee. The Law School's Student Handbook states: found Students or stealing library materials will be subject to a period of suspension from the law school, plus notation on the student's permanent record card for the offense and expulsion for any subsequent offense. The Law Librarian will be responsible for bringing charges against any mutilating by Karen Spencer You say you found a volume of McKinneys' without its pocket part? The latest weekly supplement to U.S. Law Week with a landmark case has been neatly removed and no one knows where it is? The volume of Abbott's that contains your topic has been mising for days? Sections of the Family Law Reporter that are right on point are not there?. All the advance sheets to the Federal Reporter are there except the one that contains your case? There is a page gap in the treatise on your area of law?. The latest supplement to Shepard's Pennsylvania Statutes is no where to be found? You need to run circles under the stairway to find all the bound volumes and supplements to thoroughly shepardize the landmark case you've discovered only to find one of them missing? The USCA and USCS are not only out of order but intershelved? You say one of the teaching assistant's has placed the answers to the research sheets in the blue mailbox so everyone else's section is looking up the answers without attempting to learn the process. As I write, the research classes are coming to an end. By press time the first year students will be heavily into researching and writing their briefs. By press time I may ask the dean to expel the entire first year class. That may be an unrealistic remark but the problem at hand is very real and very serious. The last weeks the two library staff have bom the brunt of complaints of frustrated first year students who run into dead ends because of missing materials. We share the frustration because it affects our quality of service. Not one day has passed since school resumed that an episode such as described above has not occurred. Removing volumes pocket parts, supplements, pages, etc. from library resources for whatever reasons from being cheaper than copying to denying one's colleagues access to information is an act of vandalism and unethical behavior. Anyone caught is subject to expulsion from law school which is documented on a student's record and eventually passed - - Opinion 4 student found mutilating library materials before the Faculty-Student Relations Board who shall adjudicate the issue. Under the regulations of the State University of New York at Buffalo sanctions for the theft or destruction of University property include expulsion The library cannot nor should we have to police such actions. The fact that they occur is unconscionable. As members of this community, each of us has a responsibility to respect the right of access - to all and that includes the community we serve as a institution and that students will serve as prospective(?) lawyers. The destruction or removal of library materials is an obvious violation of this right and a neglect of one's professional and personal responsibility. There is in addition a more subtle but just as serious violation and neglect. Failure to reshelve books, hoarding basic research tools for hours or days, or lazily replacing a volume where there is the most convenient space is also detrimental to library users. The information remains virutally inaccessible. The first two floors of the library have been intelligently designed so that one can perform reserach in a convenient manner. But the chaos that reigns on the shelves as I write defeats all purpose of library organization and renders thorough, responsible research impossible to say nothing of learning how to research. Only you can fight back -respect your colleagues and help the library to retain its credibility as a service institution. Winners of the R. J. Connelly Award: (l-r) R. Barnes,S. Curvin, K. Turek, J. Anliot, C. Martorana, P. Pollard, and C. Hassett. Trial Technique Awards Presented On Monday, January 21 eight third year law students were honored by the Erie County Trial Lawyers Association at a semi-annual dinner at the Westwood Country Club in Amherst. The eight students honored were recipients of the Robert J. Connelly award for superior all around performance in trial technique and mock trial competition. Those receiving the plaques were: Richard J. Barnes, Patricia E. v vin. The award is named after Robert J. Connely, a respected Buffalo trial attorney until a tragic boating accident took his life in 1973. The award is presented after each semester to those third year students who have exhibited excellence in their participation in trial technique. Each trial technique instructor is given the option of naming one student in his section whom he feels deserves this honor. This semester eight of fourteen in- chose to name a student. There are eight students in each trial technique section. structors The keynote speaker was the Honorable Walter J. Mahoney, a former state legislator and retired appellate division supreme court justice. Financial Aid Pointers Make Cents by Jay Marl in public - Pollard, James R. Anliot, Caroline Hassett, Charles C. Martorana, Kenneth C. Turek, Sally Hill Buck and Steven Cur- It is hoped, by now, all of who wish to be eligible for National Direct Student Loans (NDSL) or Work-Study for next year or for this summer have filed the Financial Aid Form with the College Scholarship Service in Princeton, New Jersey. If you haven't filed this form, as someone out there surely has not done, then you must file it immediately. There is no way you will be eligible for NDSL or Work-Study for next year unless you mail that form to Princeton immediately. The next phase in applying for NDSL and Work-Study is to file the UB Financial Aid Application by February 28 at the Main Street Financial Aid Office located in the Butler Annex. A couple of points worth noting about this form: 1, Be sure it is notarized on the front page. A list of notaries in the University is available on the bulletin board opposite the Admissions and Records Office on the third floor of O'Brian Hall. 2. New federal regulations you require that an affadavit of intry, in demanding a financial dependent status be filled out aid transcript for any school for any student who will be in- you've attended since high dependent for financial aid school. If you haven't already, you purposes for 1980-81. (See back of Page 1 UB Form.) If should send to your former you were born before 1956, undergraduate college or you don't have to have your graduate school, except for parent's signature and you those who attended ÜB, the don't have to have a copy of white financial aid transcript your parent's IRS 1040 form form which is available from sent to the Office of Financial Admissions and Records and in Aid. But the Financial Aid Of- Room 314. Simply, fill out the fice must have a copy of your top portion of the financial aid 1040 form if you filed one, or a transcript, send it to your copy of your W-2 form along former, school and they will with a letter explaining why take care of the rest in sending you didn't file the 1040. the form back to the Financial If you were born in or after Aid Office at ÜB. You must 1956, you must have your send this to your former school parents sign the affadavit and whether or not you received send a copy ot their 1040, financial aid while attending. along with a copy of your Obstensibly, the purpose of 1040, as soon as possible to the this is to provide more acOffice of Financial Aid. curate recordkeeping and a The basic reason why the closer watch over the financial parent's 1040 is demanded is to aid history of individual verify that you weren't taken students. as a deduction on your No financial aid can be parent's income tax return for disbursed unless these finanthe 1979 tax year. cial aid transcripts are on file. The federal government has As for financial aid for this imposed some other new year, it is still not too late to cumbersome requirements for file for TAP for this year. You students as well as financial have until the end of March to aid offices all over the coun- —continued on page eight PAD Reports Successful Booksale And Blood Drive by Ron Winters their books. The PAD booksale will be Phi Alpha Delta Law Frater- |held again in the fall. All, nity (PAD) happily reported especially third year students, that its first two prograrris of (are encouraged to bring their the semester, a booksale and {used books in on the first day blood drive, met with over- of classes, or arrange for them . \to be brought in. whelming success. The booksale, conducted On Tuesday, January 29, PAD during the first week of classes sponsored a bloodmobile at as a special service to all law ■the law school which produced students, reported gross 56 units of blood out of a revenues of nearly $$00 on the / possible 59 (three persons were sale of 78 books. The fraternity medically deferred). This was a retains a smalt percentage of slight decrease from October's that total. The rest is returned drive (66 units, 84 reporting, 18 to those students who sold deferments), but very produc- February 7,1980 , , ~ tive for such short notice. PAD extends a special thanks to all the donors and volunteers for the special gift of life. PAD will be initiating a new program on Tuesday, February 5. The Speakers Forum will highlight PAD alumni who.will speak on topics of particular interest to the contemporary law student, and ;yottngi*attorney. PAD hopes to have a speaker every two weeks. The first speaker will be Joseph A. Tringali, a North Tonawanda attorney, who will discuss "Setting Fees in Private Practice." Any ideas for topics for future presentations are welcome. As always, PAD is looking for new members for its spring initiation to be held in early April. For more information about how to become a member of the "world's oldest and largest legal fraternity, stop by the PAD office (Room 506) or drop a note in the PAD mailbox (#36) on the third floor. �F^ %A(gjS> Second Semester Discount C SAVE at least $100 % *\S** ' SAVE $25 S When you register for NEW YORK BAR REVIEW COURSE Remember: The last day to save off the price of your course is Feb. 18 - A $SO deposit will insure the savings. A $100 deposit entitles you to the books now. 401 Seventh Avenue, Suite 62 New York, New York 10001 (212) 594-3696 Stan Chess, Director of Bar Bri will be here to discuss the N.Y. Bar Exam. Feb. 13, 1980 12:30 p.m. Rm. lo6O*Brian Hall Free Snacks and Refreshments .'*■-> Ricky Samuel CariaGersten ErikLindauer Leslie Wolffe Therese Rahill Mike Chakansky Done Benesh Paul Israebon Rosie Gallick - Warren Joan' Jay Marlin . ' Deborah Kubiak ' ' Francine Bruno Patricia Jayne Renee Lapides February 7,1980 . Opinion ■ 5 �Deprogramming Cultists Provokes Constitutional Debate This is the first in a series of articles examining the recent controversy surrounding new religious movements in the U.S. and their ardent adversaries, "deprogrammers." It is based, in part, on personal interviews with sect members, their families, deprogrammers and lawyers for both sides. by Amy Jo Fricano Meet Peter. At 24, he is a freshman law student at Indiana University for the se- cond time. He quit the first time after three weeks, because he had a vision of Guru Maharaj Ji telling him law school was interfering with the practice of Knowledge. Peter was then a Premie, a devotee of Maharaj Ji, and left the study of law to live in the ashram, the local religious communal home. In essence, Peter had packed off to enter the seminary, however unor- thodox his faith seemed to his family and the outside world. Retrospectively, Peter says he left law school because he was unable to function in both worlds at once. He says his vision of Maharaj Ji was nothing more than a common Premie rationalization for the inability to make well thought-out decisions. "Long hours of meditation turns your brain to mush. You can't think," says Peter. "It makes you vulnerable to brainwashing, only it's more subtle. I couldn't very well attempt to master the analytical gymnastics "of the law, while at the same time practicing a discipline designed to shut off the little voice upstairs. Rather self-defeating wouldn't- you say?" So why the sudden turn around? Well, to start with, Peter met Ted Patrick. At 48, Ted Patrick is the most famous, most sued, and most pursued "deprogrammer"in the country. He claims to have deprogrammed nearly two thousand members of the big five "cults" alone: Hare Krishna, Unification Church, Children of Cod, Scientology, and Divine Light Mission. He claims a 90 per cent success rate. To Patrick, success means the subject leaves his religious group permanently. Since 1971, Patrick' has been waging a full scale war on cults, which in his book includes fringe therapies. Transcendental Meditation and the U.S. Labor Party. According to Patrick what he does is rescuing, not kidnapping and unlawful restraint. "Those kids are already psychologically kidnapped when I get to them," he says. "They're nothing but mindless robots." His goal is to free cult members from what he calls the cult "program" or mind control.' He maintains that many groups use mjnd control irresponsibly, planting suggestions the member's mind is most open to it. He claims they use egodestructive techniques arid Opinion 6 logic reordering, processes which render the member psychologically incapable of decision-making, free choice, and independent analytical thought. With an ever growing band of assistants, Patrick flies around the country to prearranged deprogrammings as fast as he can get from one to the next. He will only agree to a deprogramming after he does his own investigation of the circumstances, and only as the agent of parents or family members. While he normally does not participate in the kidnapping himself, it is clear that deprogrammees are usually snatched, sometimes by force, and held in manners that would appear to be against their wills. Patrick's own booklet Our Children Co!, is replete with wild tales of near-miss kidnappings, escapes, and selfinflicted injuries by cult members who figure freedom is only a hospital visit away. He tells of infiltrating the groups he fights so hard. Patrick says he first got involved in his crusade, when he entered the Children of God, a group which approached and greatly influenced his son. Patrick claims he was kept so tired, underfed, isolated, and constantly barraged with propaganda he almost didn't get away. away not duty, to take from the controlling environment. He advocates the use of a conservatorship over the child for these purposes. Under his model, one's constitutionally guaranteed freedom of thought, ultimately overrides, or at least is necessary to, the exercise of religious freedom. Patrick's critics accuse him of merely re-programming the individuals whose lifestyles he so drastically changes. The notion that an individual can be divested of his power to think, or induced to do or say anything inconsistent with his own desires is not easily believed in a nation whose beginning came with the motto "Don't Tread on Me." Our common conception of brainwashing is the actual physical torture and coersion used in Viet Nam and Korea. Who can believe that one's decision-making powers could be sabotaged in a "spiritual" environment of apparent love and kindness? *■ dressed up in fancy ornaments. Premies flock to Maharaj J i's "holi festivals" in staggering rock concert sized throngs, bringing in rock concert sized income from admission, contributions, food concessions and memorabilia. Maharaj Ji usually speaks and dances at these events, peaking the performance by a ritualistic spraying of the crowd with colored water from gigantic squirt guns. Life Magazine (June, 1979) estimated Premies pay an average of $35 a head at festivals to perform "darshan," to kiss Maharaj J i's feet. By the practice of Knowledge*, Maharaj Ji's Premies strive to attain their God's promise of Perfect Peace. A Premie devotes his life to three key activities: Service (work in the spiritual community, helping others), Sat- song (daily group recitation of faith, similar to "giving witness"), and Meditation (a sedentary mind control technique). Premies give up alcohol, had been nailed shut' and all the sharp objects had been removed. She was informed that someone would be outside the door at all times, and if she wanted food or drink they would send for it. Lori would escort her to the bathroom and they promised to interrupt her if she tried to meditate. Peter was lured to his family's home from the ashram on the premise that his father had had a change of heart, and was now willing to buy Peter a car, even thought he knew it wold become the ashram's community car. When Peter arrived, Peanut, Goose and Jim laid low, until Peter came a safe distance inside. "There are no deals to be made with the Almighty Creator. You cannot make deals with Him. And as a matter offact, the life that you call your But we are not a society so easily convinced by claims of mind control and brainwashing. After Patrick's first widely publicized deprogramown is in fact by mings, he won nearly universal no means condemnation from everyone from the A.C.L.U. to the your own life." American clergy. Historically speaking, few movements of -photo courtesy Divine Times the 70's have been as baffling Apr. May '78 as the rise of new religious Is there really a difference tobacco, and all drugs, groups. The incomprehensible tragedy at Jonestown, Guyana between de-brainwashing and become strict vegetarians, and a little more than a year ago re-brainwashing? Peter's family are celibate. They live on a looms large as one of the most claims the change in Peter is very rigid schedule. Up at 5 horrifying events of the last simply the re-emergence of his a.m. to meditate, work a full own, established personality day at an outside job, and then decade. Patrick is quick to refer to which had been suppressed by meditate for several hours. the placard which still hangs the cult program. But if a Dinner is next, followed by over Jim Jones' empty chair in Premie is really different than, nightly Satsong, usually the Jonestown meeting hall: say a General Motors exfollowed by more meditation. "Those who do not remember ecutive who is equally devoted According to Peter, it was not the past are doomed to repeat to a given lifestyle, how does uncommon for him to it." When accused of deprogramming work? How is meditate for six or more hours at one stretch on weekends. melodrama and exaggeration it done? about the dangers cults pose As Patrick puts it, "The perThe goal is to achieve a consto society, Patrick will direct son is simply put in a situation tant state of meditation. Peter's twin sister Ellen was you to an interview in the where he will have to hear out March, 1979 issue ofPlayboy in the other side of the story. No a premie/ too. While their which he predicted the inci- huffily walking out, no leaving, parents, like most, were unable dent in Guyana several weeks like they do to their friends to understand what Peter and and families when they don't Ellen had gained from their before it happened. To most people, the entire have a good answer. Then I five years with the Mission, situation has personal rights at just shoot them challenging their brother Robert was stake on both sides of the "v." questions they haven't been tolerant of their attempts to Isn't Patrick violating his subconvert him. Robert regularly programmed to answer." ject's First Amendment rights At 24, Guru Maharaj Ji is ran interference for his to freedom of religion, "The Perfect Master" and younger siblings, arguing they assembly, and even liberty? "Lord of the Universe" to his were intelligent, young adults Patrick's own constitutional Premies. He sits at the head of entitled to their own opinions, especially their religious ones. theory is that when the cult Divine Light Mission, a tax exWhen Robert first heard of strips the member of his ability empt religious organization. to think and make choices, the According to a recently his parents' plan to hire Ted individual is no longer capable deprogrammed insider, the Patrick, he didn't know of exercising his religious Mission has been recently whether to warn Peter and freedom. Patrick would' also disbanded as a legal entity, inEllen or jump for joy. at the take issue with the presence of come now directly accruing to prospect of getting his old Maharaj Ji himself. brother and sister back. He religion at all. To his premies he is God in- didn't argue with them about Once the individual is under mind control, Patrick main- carnate. Nothing is too good Maharaj Ji, but what his tains, it is the family's right, if for him. They love to see him parents had in mind certainly February 7, 1980 sounded illegal. He decided to be present anyway, even if only to pick up the pieces. Ellen was living at home at the time. One afternoon when she came in .from running errands a party of four strangers met her in the family room. They wrestled her upstairs to a bedroom where the windows At the sight of these gorillas Peter knew exactly what was going on. He had been warned by the Mission ebout deprogrammers. A true pacifist, however, he letthem lead him upstairs to another sealed bedroom at the opposite end of the house from Ellen. The first thing Goose did was ask for the photo of Maharaj Ji Peter was sure to have in his wallet. But Peter had already slipped it into a good hiding place. He didn't give it up until days later. Peter says his gravest fear was that his parents might have hired the best. Nobody would tell him just who he was waiting for, but he had heard plenty about Ted Patrick. Other Premies had told him Patrick would force him to eat meat, tempt him with prostitutes, beat him, break bones, or "whatever it took" to change him, short of death. Ellen was convinced she would be raped. Little did they suspect the man they would meet hardly conjured up the nickname he was supposedly given by Sun Myung Moon himself. Patrick is a short muscular black man whose calm demeanor is very disarming in light of his reputation. It was a long two days un- til "Black Lightning" arrrived. �Pep Talk Violence On Ice Hurts More Than Hockey Players who is to blame for an incident like this? Granted, it was a unique situation, and may only happen once every ten years, but it should serve as a warning. Those who depend on hockey for a living, players and owners alike, should realize that unless basic problems in the game are solved, the hockey purists, the fans who pay good money for gopd hockey, will go elsewhere with by Joe Peperone their entertainment dollar. Since the National Hockey Henny Youngman once adLeague has no television conmitted his surprise at "going to tract, and relies almost exa fight and having a hockey clusively on ticket revenue to game break out." Many people operate, losing those fans close to hockey are not could relegate the league to laughing anymore.' Violence, permanent minor league which has always been status. tolerated as "part of the Fights do not occur in most game," is now threatening to games, and no real injuries ocdestroy it. cur, since it is hard to get The latest black eye in- leverage on ice, but fans are flicted on the sport occurred becoming increasingly late in December in Madison frustrated at seeing swift Square Garden, where some skaters stymied by the clutmembers of the visiting Boston ching,- holding and interfering Bruins were attacked by fans tactics of some unskilled hired as the players left the ice at the and the resultant fight, end of Three Bruins which cause needless delays in climbed into the stands and play. beat up some of the inThe present problem with stigators. It was all captured violence has its roots in the by television. success of the Philadelphia Though the players involved Flyers during the mid-70s. were suspended for a period of -Qespife consistently leading time, the question remains — the league in penalties, they Record Rack . ■..-'. — also won consistently and captured two Stanley Cups. The Flyers did this «by becoming experts at "intimidation hockey" a style of play which can only be appreciated by going to a game, as opposed to watching it on television. A normal hockey game involves hard physical contact, within the rules, to take the puck from a player. Philadelphia, though, became experts at elbowing or tripping the players away from the puck, out of sight of the referee, who is the only official in hockey who can call a penalty. Since no penalties were seen or called, retaliation eventually led to fights, needlessly stopping play. The effect of having one or two teams play this violent type of game successfully has resulted in other teams having to be able to respond to be In the case of the four teams from the old World Hockey Association which were admitted this year, the situation was even worse. These teams lost most of the few good players they had to the older clubs as additional "compensation" for Joining the NHL. Thus the rich have gotten richer, and the poor poorer. The only way for these new teams to make money is to become competitive. Lacking good players to do that, they have been forced to play number of quality players which exist. The owners of these expansion teams pay millions to the NHL for the honor of joining it, but are prevented from getting any quality players from the ty to improve the game, and have failed. The referees can do more to take control of games and not let them get out of hand. Violence feeds on violence. If players know they can use it and get away with it, they will. Why wouldn't they? The standards by which the game can be controlled are right there in the rule book. There is a rule givirtg the instigator in a fight an extra it should be enforcpenalty ed. Referees should not avoid handing out penalties near the end of games for fear they will influence the outcome. The purpose of a penalty is to punish conduct which takes away from the game, whether it happens in the last two minutes of a 6-0 game or a 1-1 game. Penalties called when they are deserved will serve to — ■-- Musical Potpourri Reviewed by Michael Rosenthal Melissa Manchester Melissa Manchester Melissa's strength has> always been her writing abilities and her way with a ballad. It is enough to note she wrote only about halfof the songs on the album, and very little of the album is ballad material. The opening song and first single is "Pretty Girl," a nice uptempo song but Manchester's performance offers nothing. Her version of "Whenever TCall You Friend," a song co-written with Kenny Loggins, does not compare to Loggins version. The-, only genuinely good combination of song and performance on this album is "Fire In The Morning." After a beautiful album last time out, Manchester has struck out. — , The Glow k Bonnie Raitt A thoroughly enjoyable album that many, including myself, have overlooked. The biggest point in this album's favor is the work of Peter Asher as producer. Asher has always been good at seeking out songs for his artists. The songs are all so well tailored to Raitt's abilities that it is almost shocking to learn most of them are remakes. Raitt's best showcases are the uptempo, fun songs such as "I Thank You" and "The Boy Can't Help It." However, without a doubt the album's stunner is a Robert Palmer song, modified in style and brimming with energy. This song, "You're Gonna Get - . What's Coming," should click for Raitt in a big-way and attract a whole slew of new fans for her. . Briefly. Ladies Night • Kool and the Gang Only six cuts, but five are outstanding. Three of these are polished disco songs of the highest caliber. They are, furthermore, just as good to listen to as the>t are to dance to. The other two are exceptionally soulful ballad based songs, with "Too Hot" being one of the best soul ballads of the recent past. Everything You've Heard Is True Tom Johnston More proof that what works for a member of a group will not usually work when that member goes solo. Johnston is - a former Doobie Brother and was responsible for many of their early hits. However, here he is not tempered by the opinion o.f others and instead of being responsible for just some of the writing and lead vocalist chores, he is responsible for all of it. Unfortunately, he doesn't have the talent to pull it off. - ELO's Greatest Hits 'Electric Light Orchestra Ole ELO was a greatest hits album. Three albums have come out since then. The most recent album is not represented here. Half of these cuts were on Ole ELO. Nothing on this album is previously unreleased. Therefore, being that the group is still together, there is no legitimate reason for this album. The 10 Best and 10 Worst Albums of 1979 BEST 1. Rickie Lee Jones, Rickie Lee Jones 2. Steve Forbert, Alive On Ar- rival 3. Elvis Costello, Armed Forces 4. Donna Summer, Bad Girls 5. Blondie, Parallel Lines 6. Fleetwood Mac, Tusk 7. Styx, Cornerstone 8. John Stewart, Bombs Away Dream Babies 9. Jennifer Warnes, Shot Through The Heart 10. Supertramp, Breakfast In America Honorary Mentions to Anne Murray, Doobie Brothers, Michael Jackson, Tom Petty and the Heartbreakers and James Taylor. WORST ,7. Kansas, Monolith 2. Peter Frampton, Where I Should Be 3. Chicago, Chicago 13 4. Peter, Paul and Mary, Reunion 5. Village People, Live And Sleazy 6. Carole King, Touch The Sky 7. Melissa Manchester, Melissa Manchester. 8. £lton lohn, Victim Of Love 9. Carly Simon; Spy 10. Pointer Sisters, Priority Honorable Stevie Wonder. would cause an increase in calls at first, but the deterrent effect would bring those rfumbers down. Players with little real hockey ability other than their fists would then become a liability to a team and the game would be left to those who could play. If fights occur, the players defensively and physically, try- on both teams should be ining to slow down the good structed to skate to their teams by holding, roughing respective ends of the ice and to avoid the stay there and slashing. — After all, If a bad team can dance contests which can force a superstar to become so delay the gamefor ten minutes frustrated by the rought treat- or more. Fighting should be an ment he gets in a game that the star gets into a fight with one of its players, and both are penalized, the bad team successful. benefits — but the fans lose, This has become even more and eventually the game. true due to the lack of parity What can be done to save between teams in the NHL. hockey from itself? The answer Hockey has expanded in the lies in the laps of the people last decade far beyond the who have had the responsibili- established teams. deter much of the conduct which leads to the fighting. Penalties should be strictly enforced. Linesmen should have authority to call penalties away from the puck. This — automatic game misconduct. Subsequent fights by the same player should warrant proportionally increasing suspensions of 1, 2, 5 and lO.games without pay. Realistically, this is the only way fighting can' be eliminated. The Players Association has come out in favor of eliminating fighting. But nothing has been done. Why? The reason given by the owners is that they don't want to take the game away from the players. Perhaps they should ask the Gil Perraults, the Guy LaFleurs and the Marcel Dionnes what it is like to continually be hacked by sticks and elbowed in the ribs as they try to display their talents and play real hockey. These are the real players, and in my opinion, they have had the game taken away from them. And the fans have seen it taken from them. Meaningful rule changes and consistent rule enforcement will sell tickets. The owners should beware. They must work to create a rebirth of hockey or they may preside over its death. A TRUER LOVE She said she loved him as she watched him die. A truer love would never lie. No one knew from where he bled For wounded both were heart and head. He looked at her and his blood ran cold Those sea green eyes with the cores of gold There he found his gift to her A part of himself, as it were. He wasn't quite dead when she left his side To join another before the blood had dried. But thinking It over, she stayed away. Oh, the tragic games the mind will play. When novelty left, she stood alone Thinking of him and how he laid prone. And so the killer returns to the scene To find the spot and wipe it clean. Dried drops of blood mark where he layed, "My Cod!" thjnks she, "If I only had stayed!" While she sobs, blood mixes with tears His blood turning red to resurrect the years. No sadder sorrow, no greater sin Of unfilled dreams what might have been. In the pool of blood, her self does stir; His gift to her, as it were. — — — She screamed, "I love you!" as she died . . A truer love'wduld not have lied . ■quasi N. Rem ('81) Mention: February 7,1980 Opinion ' 7 �Sea Grant Involvement Spans Atlantic Coast Zone - continued from page one the Atlantic Ocean for use as an alternative energy source. The report was started this past summer by Sea Grant fellows, Jeremy Nowak and Melanie Considering today's energy problems, the conversion of kelp to methane gas seems a very attractive solution, at least initially, because kelp is plentiful and quickly renewable. With some exceptions, Environmental consideraorganic material like kelp can tions about the impact of such be used as a source of energy. a project on the quality of the As it decomposes, methane gas water, the marine life and the is released. Once this gas is coastal areas are not being collected and upgraded to overlooked by the scholars. commercial standards, it can Kelp farming is of particular be used as natural gas. Corn interest to the New York State husks, manure and municipal Sea Grant Institute because waste, all have Been used for ocean waters off of New York this purpose. The use of kelp in are more nutrient-rich than this way is not new, according those off the coast of Califorto Kaplan. nia. This richness means the "England and Scandanavia kelp can grow faster and be have grown kelp on a small harvested more often. scale. California also is workThe scholars are also focusing on a kelp farm project," he ing on jurisdictional questions concerning the surface of the said. Pierson. persons tor recreation ana as a the water column between the walkway from island to island or to the mainland. The U.S. two. Army Corp of Engineers want to be Other legal questions answered by the scholars to break up the ice in order to revolve around the building of extend the navigation season the necessary on-shore conver- to 11 months of the year. Brown, in his research, found sion plants. The Sea Grant fellows no modern cases, but did unchosen this year are second cover nineteenth century cases year students Jeff Taylor, Scott dealing with the ownership of Brown, Rossella Brevetti, the ice cover. During that cenCheryl Heller and Tom Cick. tury, ice was harvested for As members of the Sea Grant refrigeration purposes. Pepi Friedman, another Sea Law Program, they conduct extensive research, write reports Grant fellow, studied the enon coastal area problems and vironmental problems arising publish the Sea Grant Law and Policy Journal. Other Sea Grant projects being completed include Scott, Brown's study of ownership of ice forming over the Great Lakes and the St. Lawrence River. The ice is used by many water, the-ocean bottom and use ofxoal wastes, in the form of blocks, to create out of the artificial reefs. The New York State Energy Research and Development Authority hopes the reefs will have no adverse environmental effect, but rather will provide a satisfactory solution to the problem of coal wastes. Tom Gick is finishing a study of the Longshoreman and Harborworkers Compensation Act. As Professor Kaplan has said, "Sea Grant involves all sorts of areas and problems related to coasts." Third Annual Law Revue Needs Creative Participants SBA Changes Need Referendum -continued from page one tended to allow a board member to run for an office in a mid-term election without giving up his or her position on the board but would force that person to resign from one of the two position if he or she won the mid-term contest. Additional provisions will be submitted to the student body for their approval. Those pro-' posals may include removing the provision which allows SBA to deliberate on only those petitions from the student body which are accompanied by signatures of 10 per cent of the students as a whole and replacing that provision with one allowing SBA to consider any matter brought to the board by any student. Additionally, proposals changing and clarifying the various duties of the officers may be presented. Also, the list of standing committees will probably be expanded to include those which have become active since the last constitutional revision. Finally, procedural mandates regarding, for example, the calling of meetings are clarified with more precision to assist the board in its activities. Financial Aid Know Your Deadlines For Loans —continued from page four ,-.,U«*~.-.„ l;+ - Alt. submit a TAP form to Albany for the entire school year 1979-1980. If you have not filed TAP and are planning to do so, do so immediately because if you are eligible for SUSTA the law school cannot guarantee that SUSTA funds will still be TAD *«. available past the end of March. Once the SUSTA funds for this year are disbursed, there is no way any student will be able to get SUSTA funding for this year no matter how eligible he or she is. If you submitted a TAP ap- SPRING & SIWER LAW GRADUATES: HK39| KBfifflßl Hm|HJ|l POOR atd disadvamtaged need your help, IN POVERTY LAW. America INFO, MTNG.: Feb. 27, 4 p.m., O'Brian Hall, UB Law School, Amherst Campus. INTERVIEWS: Feb. 28, Placement Office UB Law School,, 3rd Fl. O'Brian Hall. Make appointment now. SpeciafPeople... People Who Care Opinion your courses were to be February 7,1980 ■ -f- cancelled. scheduled If your courses are canyou can be reregistered at the law school, but you will have to present a letter of certification from the Office of Student Accounts verifying your account is paid in full. In addition, you will have to pay not only the fall celled, term IpvisiA 8 plication more than 2 months ago and have' not heard anything from Albany, then you should stop by Room 314 to determine if there is any problem with your TAP application. Finally, for those students who have not yet paid their fall tuition bill, some advice: pay it. The deadline for paying the fall tuition was January 23. If you had not paid by that date, bill. but also the spring term As the semester progresses your bilj becomes more and more in default, you will be creating even more problems for yourself. There may come a time when you simply can't be re-registered. So, wake up and get that bill paid. Get that TAP form mailed in, and if you haven't heard from TAP start trying to find out why. You'll avoid a lot of headaches and the nightmare of finding yourself unable to be re-registered for classes as well as losing out on $600 to $1,200 worth erf free aid from the State of New ■York. If that isn't an incentive, I don't know what it is. and Can you top this? by Leslie Wolffe Leslie Wolffe by 5 p.m. on February 13. The band requests that acts requiring musical accompaniment provide them with a copy of the music at that time also. This can be attached to the The Third Annual Joseph E. Laufer Law Revue will be held on March 21, 1980 at the Wilkeson Pub in the Ellicott Complex. Any member of the statement. student body, faculty or staff It is the hope of the planning is urged to put together an act committee this year's show and sign up for the show. wilr be the best ever, but the All interested parties should only way to insure that is to get submit a statement of intent plenty of participation. So including name, phone everyone is urged to* start number, mailbox number and creating and join with the rest complete description of act. of the law school community This information should be in the 1980 version of the Law placed in box 566 or given to Revue. Law Review To Hold Meeting The Buffalo Law Review will case citations may be picked hold a meeting on February 14 up are from Feb, 22 to April 9, in room 106 at 3:30 for all and from May 17 to May 27. freshmen interested in comThe casenotes are weighed peting for membership. On with first year grades to deterFebruary 20 the Review will mine who will be invited to have an open house become an associate. throughout the day in room This year those who wish 605. elect an alternative may given are Competitors 10 days to write a modified avenue to membership. The casenote on a case decided rigorous requirements of this within .the last year. The ten- option will be announced at tative dates within which the the general meeting. International Law Society MEETING Tuesday, February 12 11:15 a.m. Room 213 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1980-02-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/7/1980 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:49:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/86efc76f1eff398dff391260098d95e3.pdf 67d0d1450b22da2b047c144c4161471b PDF Text Text Professor Asks By Amy Understanding psychiatric patients. Cartwright said the major Last semester was the first time Bliss Cartwright taught "a hard professional adjustment he had to core law course," as he puts it. He make as a law professor was one joined the law school's faculty in of style. He conducted many September, 1979. Cartwright, research courses in the past. He who has a Ph.D. in Sociology, found that brand of teaching taught sociology ot law, statistics more informal and policy oriented and methodology for the ~UB than the clinical, technical side of the law Department of Sociology from academia 1973 to 1975. He then taught for emphasizes, he said. "Once you commit yourself to both the department of Sociology and the School of Law at the teaching somatically," Cartwright University of Virginia in said, "it's a real shock to realize Charlottesville, before returning you can't get by with just a basic understanding. First you think up to Buffalo. Cartwright seems to be -how to present certain material, adjusting to the transition think through all of the admirably, claiming to be very alternatives the presentation glad to get back to lovable suggests, then you readjust. ItS an Buffalo. He and his wife, Rita ongoing process." Cartwright finds law students a KirsTistein, confirmed downtown dwellers, found Charlottesville a challenging breed to teach, pointing to what he calls "their shade on the small side. Kirshstein is also a sociologist, highly refined sense of notice," and a research associate for the their apparent need to be told Department of Psychiatry of the exactly what is to be covered. "The first time I referred in UB Medical School. She is conducting a statewide study of passing, or so I thought, to a Jo Fricano deinstitutionalized • _ Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 of "Rookie minor detail on page such and such, I couldn't believe it when all of the text books whipped open and the pens started flying," he remarked. "The hardest thing to figure out has been how to allocate class time. Law students seem to sense that importance is a function of time spent. The density of reaction time means that if you spend too much time on esoteric detail, you convey the message that the detail is important," he said. "For example, you teach the gist of a statute, then you've got to figure out how to get its intricacies across without muddling the main points you've already made," he explained. Cartwright also likes his law professor colleagues, but finds them not without their own set of eccentricities. What little professors lack in a "refined sense of notice," they make up for in the pursuit of developing "materials" with which to teach their courses. Cartwright said it seems that a law professor's philosophy of legal education is the Id of his "materials." This semester Cartwright will be teaching a two credit seminar called "evaluating research exhibits," as well as consumer law with Professor Spanogle. He also has a variety of projects on the burners. One paper, which will be published soon, is called "Haves and Have-Nots: Party Outcomes in State Supreme Courts, 1870-1970." The study attempts to evaluate patterns of outcome in appellate decisions by party characteristics (i.e. individual, business, government), area of law issues and dollar amount of award. Cartwright also has been involved in research for a project sponsored by the National Endowment for the Humanities on "The Social Role of Courts in the Hawaiian Monarchy." The study entails a comprehensive inventory and indexing of lower court record* for the period of Opinion Volume 20, Number 6 transition to work on, but in general is very laudable to the students, the The still confidential final faculty and the spirit of the law report of the five person school. It's a very positive American Bar Association (ABA) report," Headrick said. , The report reminds the SUNY accreditation team which visited the law school in November administration of its responsibility contains no surprises, according to 'to help the law school become by Carol Gardner first-rate, I Headrick said. This reminder is no surprise to SUNY officials, who are sympathetic to the school's need for money, according to Headrick, but are constrained by their own budgetary problems. Headrick said the report helps — mike shepiro Illustrious Baird Point was recently forsaken as a possible site for graduation. A suitable replacement has not yet been chosen. Some suggested possibilities appear on page 4. to point out the inequity that exists between the subsidies the law school receives and the amounts of money received by other sections of the university. Headrick and UB President Robert .Ketter have received copies of the confidential report. They have thirty days to respond to the ABA which will then consider reaccreditation. The ABA will then pass a resolution continuing or eliminating the law school's accreditation. Even if the ABA grants reaccreditation, the resolution probably will contain descriptions of any deficiencies the team found, Headrick said. The law school has a right to object to these comments before the resolution becomes public, Headrick said. He expects the resolution to come out sometime in the spring or summer. The accreditation team visited the law school on November 12, 13 and 14. A consultant to the ABA section on Legal Education and Admission to the Bar, James White, associate dean at the University of Indiana at Indianapolis, selected the panel. A law school administrator, a law librarian, an active law school faculty member, a practitioner and a researcher made 'up the team. None had any previous involvement with the law school. They inspected the school to see if it met the ABA standards concerning many aspects of the operation of a law school from the budget to the alumni association. - in Hawaii monarchy to territory. from Family law cases and commercial cases will be the first to be evaluated, since these two areas underwent dramatic change during the 19th Century. During monarchy the Hawaii was basically feudal. The law had not developed a clear concept of ownership. By the end of the period, the burgeoning sugar coupled with industry immigration brought the introduction of British-American concepts. The property missionaries brought their own complications to the family courts. Cartwright's broad range of interests make vwm a welcome addition to our faculty. He claims to be having a great deal of fun teaching law and said he "hopes students will be reasonably tolerant" of any rookie tendencies he might display. Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 January 24, 1980 State University of New York at Buffalo School of Law Accreditation Report: No Surprises Dean Thomas Headrick. Headrick called the report very fair. He said it was a balanced review which addressed areas in need of improvement and praised aspects of the school it found commendable. "It points out things we need Tendencies" Congratulations! 184 graduates took the July, 1979 bar examination and 161 (87.5%) passed. That compares with 73% in July, 1978 and 83% in July, 1977, according to Dean Thomas Headrick. First Year Moot Court Ban Proposed By APPC A key resolution affecting future first year UB law students and the Moot Court organization is on its way toward official adoption. The resolution, recently passed by the Academic Policy and Planning Committee (APPC) would prevent first year students from participating in Moot Court very early and crucial stage. Tim Cashmore, director of Moot Court, said while some students may find the time commitment too much, the competition is structured so as to allow anyone to pull out at any stage. "I think it is too much for competition. some," he said. "But we have Associate Dean Barry Boyer, an APPC member said some faculty members believed first year student's participation in Moot Court "interfered with people's work in class." Fred Konefsky, a first yar contracts professor said he is against allowing first year students to participate in a Moot Court always been willing to let people drop out at any time in the competition. We've left it up to people to judge for themselves. First year civil procedure professor Paul Spiegelman said he competition. "It has a deleterious effect on the first semester experience," he said. Konefsky said missed classes and insufficient preparation are only two of the problems first year students bring on themselves by participating in Moot Court. Konefsky said the extra time and energy first year students devote to Moot Court interrupts the flow of the first semester at a believes some decisions made by first semester students are not well considered. "First semester, first year is a very, very difficult emotional time and the judgments made at that time are not necessarily the best," he said. Spiegelman and Boyer also said they believed many students did not understand the extent of Moot Court participation. "I'm afraid of them not knowing what they're getting into in terms of commitment of time," Spiegelman said. . - continued on pope eight �Opinion vc2o.no. 6 - ,an 24J980 Editor-in-Chief Randi Chavis Managing Editor Amy J o Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Alan Beckoff, Paul Bumbalo, Tim Cashmore, Jon Dußert, Marc Ganz, Carol Gardner, Joe Peperone, R.W. Peters, Mike Rosenthal, Karen Spencer. © Copyright 1980, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. up Editorial Moot Court Conduct Denies Due Process Letters to the Editor: No'News Is Bad News: Opinion Criticized To the Editor: This school is in danger of losing an important vehicle for the dissemination and exchange of information, for the expression of community spirit, and a means by which can be change initiated/implemented within and for the benefit of this institution. Opinion has been sinking for some time. But when I am told there is "no news", I must respond. No news?! People, projects, programs, changes ;> growth, regression all are news and all occur on a daily basis within the walls of O'Brian. Two years ago I shared in an incredibly personal experience that seems yet today like an intense "forty days and forty nights." The creation of the videotape collage, "The Buffalo Law School," was an attempt to convey the spirit that pervades this law school. I am willing to bet this spirit exists in no other law school in the nation. From behind the camera to the editing room, I began to see this community — this as "the Buffalo Model", a phrased coined a few years ago by a report issued from the Dean and endorsed by the prefer to see and faculty. feel this synergistic whole as a student body composed of men and women from all walks of life who have a unique opportunity because of the variety they represent to share of I themselves and among themselves; a faculty that represent a similar variance whose personalitites, interests, teaching styles, etc., cover the entire range of the spectrum; a support staff who are a vital link and at times the lifeline in this institution; and an administration that — despite bureaucractic pressures from conwithout and within tinues to be involved and — responsive. The potential for creativity, for growing is great. The source of that potential lies us. very simply with So, who is "us"? No news?!?! What is the SBA or the Na- — Librarian? What would this place be without Myron? What is the Registrar doing to make life a little easier besides mercifully designing a schedule so we could fit 18 sections of Research and Writing twice a week without much hassle? What has th,e Dean been up to lately besides to his neck in complaints? You don't have to wait for a Watergate to occur in the bowels of O'Brian before you have "news." Mifst you simulate the national and local news media (including The Spectrum)? I am not intending to place full blame on.Opinion for its sad state of affairs. What I would like to see is a change in style for the newspaper. Trying to live up to past talents who no longer form part of this community is an almost certain death. It is time to change and reassess what role the paper can play in the growth and general welfare of this communtiy. In addition I would like to tional Lawyers Guild doing? see a more responsible comLook at how Placement has mitment for the law school as a synergistic whole. changed over the last few community to contribute to Sometimes that whole may years. Why is Konefsky in- Opinion, particularly the seem like a bureaucracy to one terested in Daniel Webster and students, since it is in effect Last week two members of the Moot Court board individual. We are not always what is boundary theory? Has "their" paper. But I encourage endured a painful and insulting attack on their character and on the same sides. Yet, it is a BALSA got some project going faculty and staff to paticipate integrity. They were put "on trial" for alleged misconduct living, breathing entity. There we would benefit hearing as well. is much to write about what about? And what is BLP into I apologize for the length of during the Moot Court competition. is these days? And Moot Cburt? this letter but since you had no goes it; on of where it inside Court board found from the Moot guilty, expulsion If would have ensued. While the vote was extremely lopsided trying to go; and most of all Law Review it is a stigma or "news", I figured you would WHO makes it what it is. status depeniding on which have room for it. I just wanted in favor of the accused, all cannot be easily forgotten. Just walk down the halls and side of the fence you'are on — you to know that I care about The board members on trial were separately charged you and this school. with receiving outside help during the competition in read the cartoons and excerpts why? And just what is a law violation of the "no outside assistance" regulation. What carefully selected from the Karen Spencer .constitutes "receiving assistance?" The vagueness of this paper — the graffitti and the review? Research and Writing Vegulation is immediately apparent in that specific violations art work seen in the offices and might change aga/'n?f TKe elevators — this place is alive library is waiting for its 100th PS. Do we REALLY need a defined. x)ue process considerations require a person have and well and living in BUFBitch Ticket.. Does anyone cooking column? the FALO! know that Nina Cascio has hell posed for that picture, advance notice of what constitutes a violation. Some people refer to all of been officially appointed A-V anyway? The two accused competitors were asked, at separate times, to meet with Moot Court officials. After a discussion of the circumstances surrounding each incident, both students left their respective meetings under the impression that no adverse action would be taken. This was not to be. Carrick for the thankless task Kaplan, for his incredible Both competitors were assessed five point penalties. The To the Editor: perseverance and penalty prevented one of the accused competitors from I wish to publicly thank Iris of preparing 250 Legal dedication, making the board. He appealed the decision and a majority Reese, for her incredible typing Research questions and answer patience, and all the TA's who, of board members with a quorum present, voted to strike ability; Martha Howe, for her sheets; Kathy Lehsten, for typ- despite an oral contract, came efforts at the messy mimeo ing them; all the faculty who through in the end. the penalty. " Without your help, I would Since both individuals had now been scrutinized and still machine; Shirley Choises, for so willingly responded to my accepted to the board, one would think the matter closed. getting all those materials desperate cries for help; never be alive today. Thank you. finally on Reserve; Karen Charlie Wallin, for his schedulNot by a long shot. Last week the matter was reopened in an expulsion Smith, Verdi,i Jenkins, Linda ing feats; Bill Creiner, for his Karen Spencer proceeding brought against the two members. Res judicata Cohen, Nina Cascio, and Kathy last minute efforts; Milt should have been applied. The issue in last week's hearing President's Corner was not simply whether the board members should be expelled. It was whether the specified competition conduct should be penalized. The verbal attack these two board members were forced ' to submit to, the fact that the issue dragged on for two full SBA's accomplishments last the courses they teach for use by semester were more subtle than students when registering for months before it was resolved, and the total lack of due those of previous years. We had courses. Although the booklet was process afforded the accused are far more serious examples no major grade referendums, no not available for this semester, it of misconduct than anything charged to the competitors. tuition hike to fight. However, we 4s near completion. SBA Director Even now, one of the accused competitors doesn't know the have been influential in Melanie Pierson deserves much identity of the board members who reported his actions. determining the grading system credit for initiating and guiding Doesn't one have a right to be faced by his accusers? for research and writing. A related the project. The need for rewriting the competition regulations and problem, with which SBA is Moot Court by-laws has clearly been shown. There is The past semester was not currently dealing, is the question composed of all successes with no nothing wrong with invoking a penalty for a violation of of whether first year students failures. The appointments competition rules. Nor is the severity of the penalty being should be allowed to compete in process, by which students are questioned. In the present controversy, however, while a Moot Court. Additionally, it selected to serve on violation may have occurred, the vagueness of the rules by Doric Benesh appears as though the ceiling of faculty-student and SBA defining a violation, combined with the omission of a financial aid may be raised for law committees has been criticized penalty clause and a lack of established procedures to deal The beginning of a new students, thanks to the diligent and is currently being revamped. with alleged violations, severely complicated the situation. The total lack of due process afforded the accused semester is cause to reflect upon efforts of SBA Vice President Jay A big sore, spot concerned competitors is an outrage. Disregard of procedural and past accomplishments and errors Marlin and administrative problems our finance committee has in administering its funds, substantive due process considerations cannot, especially in as well as reason to adjust and personnel. Another accomplishment is the problems resulting more from the a law school, be tolerated. Only time will tell if the scars of establish new goals for the handbook discussing faculty and upcoming months. those who have been hurt will heal. - continued on page eight — , ThankYou Thank YouThank You ThankYou ■ : A Look Into The Past And The Future , 2 Opinion January 24, 1980 �Writing Contest Set CHICAGO - The American The competition is open to all Association's Section of law student members of the INCL Insurance, Negligence and Section currently enrolled beyond . Bar Compensation Law (INCL) has announced sponsorship !of .the 1980 Medicine and Law Student Writing Contest. Miles J. Zaremski, contest coordinator, said, "The contest provides a great opportunity for law school students interested in medical/legal areas to express themselves on a level that will receive national attention, particularly since all papers are considered for publication in The Forum, INCL's scholarly journal, which is distributed to lawyers throughout the country." Zaremski announced that the first place winner will receive a cash award of $500, and that the winning paper will be published in The Forum. Second and third place winners will receive awards of $250 and $100 respectively. Essayists are permitted to choose any topic which concerns emerging legal issues in the area of medicine and law. Entries should be a minimum of 3,000 words in length and must be original, unpublished works. their first year in ABA-approved law schools. Non-member entrants may join the section when requesting or submitting the official registration form. All entrants must pre-register their intent to submit a paper by February 1, 1980. Completed papers must be postmarked on or before April 15,1980.The results of the competition will be announced on July 1,1980. Selected members of the Medicine and Law Committee will judge the entries, and their decision will be final. Entries will not be returned, and the INCL Section reserves the non-exclusive right to publish any or all of the essays. Official contest regulations, registration form-s and membership applications' may be obtained from Nancy Parker (312/947-3868) at ABA Section of Insurance, Negligence and Compensation Law, Medicine and Law Student Writing Contest, 1155 East 60th Street, Chicago, Illinois 60637. * King Tribute To Be Held The Fifth Annual Tribute to Dr. Martin Luther King jr., sponsored by the Minority Faculty and Staff Association at ÜB, will be held on Friday, January 25. The event will include a luncheon with Assemblyman Arthur O. Eve as speaker and an evening ke.ynote address by Marcia Gillespie, editor-in-chiefof Essence Magazine. The luncheon will be held at 12:00 noon in the Mary Talbert Dining Room in Talbert Hall on U/B's Amherst campus. Reservations can be made through Sheryl Ogden at 831-5636. Ms. Gillespie's speech will be presented at 8 p.m. in the Faculty Club Dining Room in Harriman Hall on the Main Street campus and will be followed by a - : .,. reception. As editor of Essence, a post she has held since 1971, Ms. Gillespie heads a publication with a circulation of 600,000. It is "the only magazine edited solely with the Black woman in mind," she states. Ms. Gillespie is the recipient of the Mary McLeod Bethune Award of the National Council of Negro Women and the 1978' Federation of Record Executives Women of the Year Award and has been named by Black Enterprise magazine as one of the most important Black women in American business. Most recently, she received an "ACT Accolade" presented by the Advertising Communications Times and the 1979 New York Women in Communications Matrix Award for Magazines. SPRING & SUMMER LAW GRADUATES: POOR ■dSBSI ■mHIJI rEED your help> SPEND A YEAR IN POVERTY LAW. gETVISIA America p eb. 27, 4 p.m., O'Brian Law Amherst Campus. School, UB Hall, Placement Office 28, Peb. INTERVIEWS: UB Law School, 3rd Fl. O'Brian Hall. Make appointment now. INPOi MTNG.: Special People... People Who Care Guest Opinion Student State Senator Suggested By Marc Ganz - "1980 Student votes decide election for President." This headline is hard to imagine. Many students ignore the possibilities of their political power. Yet there is a solution. Students would vote if they had a fellow student to vote for. I propose a student run for New York State Senate. This effort would probably restore some semblance of student activism and finally settle the question of whether students may vote from the dormitories. It is extraordinarily simple to run for State Senate in New York State. A petition must be filed with the county board of elections with a small number of registered voters' signatures. TheX candidate must be a registered voter from that district and have enough organization to get the 500 to 2000 signatures necessary to withstand the expected challenges from political rivals. Think of the political impact of such a move! If the candidate is charismatic and can create an atmosphere of unity and excitement, students will come out of hibernation to register. . Issues will fly through the air like bullets. Other candidates will say, "What, a student running for office? NEVER!" Yet when the event does happen, as I predict it will within the next four years, the opposition will say students are trying to take over. This is not true. What a student running for political office may be trying to say is that students have the same political rights as anyone else: Crangle, Griffin and Joe College all have the same right to run for office. Only ]oe will be challenged, however. Running a student for political office is the only way of showing these prehistoric characters this is serious business. Would there have been a tuition hike with student representation in the State Senate? 'How about financial aid? Or any other student related issue? Students are not treated fairly because they arc not represented. We must fight fire with fire. Presently the Erie County Board of Elections illegally rejects dormitory voters' applications to vote in Erie County. Most student leaders want students to vote in the county in which the dormitories are located. There is a constant battle for the right of dormitory students to vote here. Yet travelling business executives and college professors, who, statistics show, move more often than students, are permitted to vote here. Students are discriminated against because they have the potential power to organize and gain representation. It is politics as usual versus denial of first, fourteenth and twenty-sixth amendment rights of electoral strength. If candidates ran for office from the dormitories, students would become interested in the events "around the campus. They would participate in the political dialogue as opposed to the apathy that presently pervades the campus. There is utility in running a student candidate for political office. If anyone is interested in running for political office, and thereby gaining an education that no political science professor could teach, please contact me. With proper legal advice, students could gain the political input they deserve. Tapped? Financial Aid Deadlines Approaching that time-, of year the third floor of O'Brian Hall and again. No, not just the from the financial aid office in beginning of another semester, Room 314. Any student who wishes to be but time to fill out financial aid considered for either a National forms for next year. the Qirect Student Loan, work-study The financial aid forms FAF and the UB Financial Aid for next year, or a work-study job Form, are now available from the for this summer, must fill out Admissions and Records Office on these forms. It's University of &an Diegp INTERESTED IN SPECIALIZING? . LL.M. IN TAXATION LL.M. IN CRIMINAL LAW • • • Teaching Fellowships Available Full-time and Part-time Programs Offered Quality Programs of a Fully Accredited Law School • For dtuili contact: M> Mary Lthto UNIVERSITY OF SAN DIEGO SchoolofLaw ' GraduattProfram Alula' Park SanDitto, CA Ml 10 • • t T "•" 1 xii"*V iJHJ (714) 293-4526 USD. dots nol dhcflmiiuli on ihi basil o< rttti», colat. tiNfion, incctlrv, Of hindmo in in policies intt pioff*ms <•>. naiionil otum. The deadline tor the submittal of the FAF, which must be sent to the College Scholarship Service in Princeton, New Jersey, is January 28. The UB financial aid form must be submitted to the financial aid office by February 28. These deadlines are strict and must be complied with to be eligible for funding for next year. In addition, under new federal regulations, a financial aid transcript must be sent to the UB Financial Aid Office from any post-secondary school that you attended, even if you did not receive any financial aid. The financial aid transcript forms are available from the Admissions and Records office and from Room 314. TAP forms and NYHEAC loan applications for 1980-81 will not be available until the endof April. Students with further questions about the various loan programs, independent status, SUSTA or other aspects of financial aid should contact Jay Marl in in Room 314O'Brian. January 24,1980 Opinion 3 �Pomp And Circumstance: Where's It At? Apparently in deference to and in memorium of our initiation to the Socratic Method of legal doctrinal discovery, the Commencement Committee chose the Gree-set environs of Baird Point for our farewell to UB Law. The stately post-graduation ceremony procession might have culminated in a hearty parade about such "esthetic" and "truly spectacular surroundings" as these. See Commencement Committee letter (Dec. 14,1979). If rain on graduation day were to put a damper on the Baird Point idea, the ceremony was scheduled for relocation in aesthetic Clark Hall. (Various aesthetes here' portrayed at play.) Elderly kin of 1980 grads would have been afforded easy access to the ceremony only a short walk from these luxurious accomodations. Responding to overwhelming popular dissent, however, the Commencement Committee ruled to change the site of the graduation ceremony. A new site has not yet been cited, but insightful students have duly noted the following sightings as worthy possibilities for consideration. After some minor tidying, this location, the newest on campus, would provide the ideal setting for the first graduation tof the new decade. What could be more a propos for commencement than to share with our loved ones the beautiful environs we've come to take for granted during our three year tenure at UB Law? — photos by mike shapiro But seriously, folks, assuming the Amherst Campus was selected to house our ceremony, is it not sensible to hold the event in Room 212, as we could not reasonably expect to attract a crowd to even fill this space? 4 Opinion January 24, 1980 �e /^ ° Class of 1981, Second Semester DISCOUNT ■ ■ ( S A YE at least w SAVES2S When you register for (O^Ol/O/^f' 5 NEW YORK BAR REVIEW COURSE Remember: The last day to save off the price of your course is Feb. 28. A $50 deposit will insure the savings. A $100 deposit entitles you to the books NOW. ibwbri Will the following please check their mailboxes: Ricky Samuel Carla Gersten Erik Lindauer 401 Seventh Avenue/Suite 62 New York, New York 10001 (212)594-3696 Leslie Wolffe Therese Rahill Mike Chakansky . Doric Benesh Paul Israelson Rosie Gallick Joan Warren Jay Marlin Deborah Kubiak Francine Bruno Patricia Jayne Renee Lapides January 24,1980 Opinion 5 �Culinary Counsel You Haven't Tried Anything 'Til You've Tried This by Karen Spencer little girl the only train I ever rode was from East Aurora to Buffalo during a kindergarten outing, the only bread I knew was Wonder, candy was a favorite treat but my awareness went little beyond the Three Musketeers Bar, cheese was spelled K-R-A-F-T, eggs were white, and fish meant fish sticks. Food stores were supermarkets where you bought everything you needed. I had an all-American, ethnically deprived childhood. Then, it happened. I was given a new family overseas at the age of seventeen in Northern England. Mum and Dad Brogden introduced me to "fish and chips" years before the colonies ever dreamed of Arthur Treacher's poor imitation. Topic bars and Cadbury's Milk Chocolate became a steady diet after school when I would stop at the sweet shop on my way home. Dover Sole Mornay, fresh wheat berry bread from the bakery daily, milk that was the consistency of our heavy cream Americans don't know what real cream is and I cringe every time Sarah Tucker uses "new, improved Cool Whip"!, Cheshire and Double .Gloucester cheese, brown eggs, trifle, but wait the best is yet to come: Bird's Qistard. Bird's Custard Powder when combined with English milk and sugar and heated over a low flame turns into this wonderful, magical, warm and thick but runny egg custard sauce that makes everything you put it on sheer ecstasy bananas, peaches, cakes, Grandma's apple pies. I became addicted to Bird's Custard. And that reminds me Grandma's apple pies and apple/rhubarb pies and gooseberry pies oh! how my sweet tooth loved living in — - — — England. — - - home and a very fussy shopper. I learned from him the correct and thorough way to clean pots and pans, which knife was the bread knife, etc. I discovered small shops each specializing in vegetables, beef, pork, baked goods, sweets, cheese, fish, etc. Each was small and intimate and all the sales clerks called you "luv". Dad and Mum often disagreed on how thick to make the custard and at that point I usually sided with Mum. I had arrived in England a little on the chunky side from whence the nickname Chunks is derived and still remains and in less than three months I gained 20 pounds. "Food! Glorious food! Wonderful food! Fabulous food!" I could have played the role of Oliver very well with "Please, Sir, I want some more!" I wish to dispel the American myth that British cooking is devastatingly boring and uneventful. The British have the same opinion or worse of American food because of the importation of McDonald's, Kentucky Fried Chicken, etc. All those fast food places have really given us a bad name. So let's call a truce with the mother country as we did in 1776. My English Dad has kindly consented to send some recipes for this issue] You will note the English style and where translatable I have done so.* I have added an adaptation of my own for the all-time favorite Trifle and pulled a few classic recipes from my English cookbooks. Incidentally, anyone travelling in England mfght enjoy booking a week or two at Caledonian House. Mum and Dad now run an establishment of "holiday flats" an old Victorian house at the seaside in Northern England that has been modernized and split into what we call studio — - ■ - - apartments living, dining, sleeping rooms with kitchenettes. You share the bath and "lou" with other tenants. I can guarantee you clean hospitable quarters and lively entertainment from the host and hostess. Although they don't serve meals, Mum and Dan can guide you to the best shops or restaurants in the village. Mention "Chunks" and Opinion ajid you will be given preferential treatment, I am sure. Write: Mr. and Mrs. Keith W. Brogden, Caledonian House, 350 Clifton Drive North, St. Anne's-on-the-Sea, Lane. TYB 2PB, ENGLAND. (Good golfers take note St. Anne's holds the British Open each year!). Wash the kidney in salt water; dry, skin and cut into small pieces. Toss both in seasoned little color. About one hour. flour. Finely chop the onion and Sufficient for 5 or 6 persons. add to the meat. Fill the lined basin with this mixture and the Cheese Souffle water or stock. Turn pastry edges 3 oz. grated parmesan cheese down over the meat and brush all 1 oz. butter round with water. Roll remaining 1 oz. flour pastry into a round to fit the top. 3 whites of eggs Place over the meat and press 2 yolks of eggs down round the edge to seal. Cover with foil and tie securely V* of a pint of milk cayenne with string. Place in a steamer salt and steam covered tightly for 3-4 clarified butter hours. dredge with sugar. Return it to the oven, and bake until the meringue hardens and acquires a Coat a souffle mold well with clarified butter and tie round it a well greased thickly folded piece of paper to support the souffle when it rises above the level of the tin. Melt the butter in a stew pan, stir in the flour, add the milk and boil well. Now mix in off the fire the two yolks of eggs, beat well, then stir in the cheese and add seasoning to taste. Whisk the whites to a stiff froth, add them lightly to the rest of the ingredients. Pour the preparation into the souffle tin and bake in a hot oven from 25 to 30 minutes. Serve in the tin in which it is baked, and if not provided with an outer case, pin a napkin (previously warmed) and send to table quickly. From 40 to 50 minutes, sufficient for 5 to 6 persons. Scotch Eggs 4 hard boiled eggs 1 Ib. sausage meat 1 egg breadcrumbs Peel the hard boiled eggs and cover each egg with 4 oz. of sausage meat. Coat each egg carefully with an egg wash and then dip in breadcrumbs. Fry in hot deep, fat until golden brown. Then place in moderate oven for 20 minutes. Serve hot with chips and tinned spaghetti in tomato sauce. Approximately 1 hour, sufficient for 4 persons. Those are selected from the few Dad sent over. The following is a classic very similar to the one served at the Asa Ransom House in Clarence, both of which I highly recommend (i.e., the pudding and the restaurant). The best I have saved for last, Trifle. There are many ways to vary a trifle depending on the flavors you wish to present. Below is my Americanized version I have made often. Ask anyone in the A'V Department about it they had a taste of it at our Christmas dinner last December and a couple unnamed gentlemen split the A friend who lived in Yorkshire remainder to take home after had roast beef and Yorkshire) dinner. Pudding every Sunday during the year she spent in England. Despite Spencer Special Colonial Trifle Grandma's attempt, I have never 6 trifle sponges, imported from tried to make one but here is a the Mother country, (a sponge recipe for those who wish to try: cake like a jelly roll or lady fingers will do, if you must Yorkshire Pudding make a replacement) 4 oz. extra fine flour 1 pkg. frozen strawberries, thawed pinch of salt 1 banana 1 egg 1 can mandarin oranges, Vi pint of milk drained and juice saved beef dripping various nuts, chopped 1 large package strawberry jello Sift flour and salt, make a well 1 pint Bird's Custard, not real in the centre, add the egg and a thick (Bird's Custard can be little of the milk. Stir, drawing in purchased at Premiere Cheese the flour from the sides. Beat wellShop on Delaware Aye. in until smooth. Add half the milk Kenmore and possibly gradually, stirring and beating Sammy's on Harlem Rd. in thoroughly. Beat for a few Eggertsville. If you can't get it, mintues, stir in the remainder of use a package of vanilla the milk and leave the batter to pudding) stand for half an hour. Select a Yorkshire Pudding tin with abase 1 cup of heavy whipping cream. measuring 8% x 6 inches (I would guess an 8 inch cake pan could substitute), put 2 tablespoonfuls Place trifle sponges in a large of dripping in it and heat in the dessert bowl. Pour over top the oven until a blue smoke is seen. thawed strawberries. Add the Stir the batter thoroughly, pour mandarin oranges, sliced banana into the tin. Time: Bake for 30*to and nuts. Make the jello and let 35 minutes at 425. Serve set partially. Pour over sponges immediately. and chill. Make the custard or pudding and cool slightly before I had a friend complain to me that pouring on top of the jello. Chill. all she ever got in the morning When ready to serve, whip the with her toast while touring cream with a little sugar and England was Orange Marmelade. I, vanilla and spread on top. on the other hand, made a quick Decorate with nuts and serve. Variations: Change the fruit discovery thanks to my Dad's sweet tooth, of Lemon Curd. I and flavor of the .jello to made it once back here in the raspberries, peaches, etc. States and it brought memories *These recipes are based on soaring back. It is a lovely lemon Imperial weights and measures. jam: The following table should help transfer to American: Lemon Curd 6 oz. butter Imperial U.S. 1 Ib. sugar 1 tbsp. VA tbsp. 4 eggs or 8 yolks 4 oz. flour 1 cup 3 lemons 2% cups 1 pint milk 1 oz. sugar 'A cup Wipe lemons and grate rinds. 3 oz. cheese % cup Steak and Kidney Pudding I could get my English Pudding Crust: Grandma to write her recipe down 8 oz. self-raising flour for her apple pie, but she has a 4 oz. margarine sixth sense when it comes to 4-5 tsp. water pinch of salt baking and proceeds until things look or feel "right". She taught Filling: me once how to make Yorkshire 1 Ib. stewing steak 6 oz. ox kidney Pudding, and it was the best Queen of Bread Puddings comedy act ever performed in the1 pint of milk 1 tbsp. flour '/2 tsp. salt kitchen. 'A pint of white breadcrumbs My Dad was in the profession % oz. butter 'A tsp". pepper of food. He had worked his way 1 oz. sugar 1 medium onion from the bottom to the top, knew 4 tbsp. water or stock 2 eggs all the aspects of the food more spices as preferred and the grated rind of one lemon sauted mushrooms apricot or raspberry jam business and ran a right ship as the catering manager for the University of Manchester. This Boil the milk, pour it over the Grease the inside of a 1 'A pint entailed not only the cafeteria and breadcrumbs, add the sugar, pudding basin. To make the Tiffin Room as we know it here at butter, lemon rind, and when it Pudding Crust, sift flour and salt, SUNYAB but wonderfully, has cooled a little, stir in the rub in the margarine, and mix in elegant presidential dinners and beaten yolks of eggs. Place the the water to form a moderately Paul (Passa the Pasta) Suozzl, banquets with full sets of china mixture in a greased pie dish, and soft dough. Cut off 1 /3 and set it Culinary Counsel founder, was the table and crystal laying and bake for about 10 minutes or aside. Roll remaining pastry recently the best of continental cuisine. until set. Now spread on a thick lightly until thin. Line the Culinary Inducted Into the Counsel Hall of Fame. Keeping this in mind, Dad was the layer of jam, cover with the pudding basin but do not trim. He Is on the verge of publishing chief cook and bottle washer at stiffly-whisked whites of eggs, and Cut the steak into small pieces. I wish - Opinion 6 January 24, 1980 Melt butter in a double saucepan, add sugar, lemon juice and grated rinds and dissolve. Add the beaten eggs or yolks and stir constantly until it thickens. P.our into pots. Cover as for jam. - Help Wanted what will undoubtedly be an award-winning article, "Legal Problems in the Culinary Arts Risk Allocation Theory and the Collapsed Souffle." Karen (Cook in' and Book in') Spencer, Paul's able successor, has announced her Impending retirement. Top culinary critics believe she will be a strong candidate for election to the Hall ofFame. As can be well imagined, the highly esteemed vacancy soon to be available wilj be a challenge to fill. Students or staffInterested in the position on a full or part-time basis should contact rm. 623 as - soon as possible. �Pep Talk Olympw Boycott by Joe Peperone The political arena and the sports arena: major battles are fought in both, from events important nationwide (the Super Bowl) to contests with little "real" significance (the Lieutenant Governor of Iowa). One current hot issue involves both a possible boycott of the 1980 Moscow Summer Olympics. The question of whether the United States should boycott the Olympics is being discussed everywhere, as well I'm sure, as in the White House. It's one of the ironies of our nuclear age that an event such as the Olympics can take on such importance in big power politics. as the United Nations debates have shown, the bullets shot back and forth between the superpowers in this -day and age are largely symbolic ones. The battles are won and lost on pride and reputation, rather than on — However/ Offers land, sea and air. The United States must find a way, short of war, as a symbolic weapon against the Soviets for their rape of Afghanistan. A boycott has been raised as a possible response. I'll do my bit to set out some of the arguments for and against such a move and offer a possible solution. A careful look at what hosting the Olympics means to the Soviet Union shows why a boycott is being discussed so seriously. The Russians, it has been said, have been practically begging to host the Olympics for years, while watching the site shuttle between Western nations. There is no small matter of pride here the Soviet leaders see the Olympics as a legitimizing ceremony an opportunity to be in the spotlight of the world for three weeks. No stone has gone unturned to present Russia as the perfect Socialist society to the many spectators who will watch the games in person and on television. Billions of dollars in new construction at the site of the games has been undertaken, lucrative deals have been negotiated with the world's television networks and thousands of busses, trains and temporary shelters have been remdied to take all Russian children (so not to be corrupted by Western ways) and dissidents as, far away from — — Symbolic Weapon Moscow as possible during the games. I have heard the men in the Gulag have been hard at work sewing those little brown bears which will serve as the Olympic mascot. organized world-wide of Western and which non-aligned nations would leave the Russians only their puppet states to play games with next summer would be a crushing blow for the Russian leaders to swallow. Much of the money that was to go for the basic human needs of the average Russian had gone instead to prepare Moscowfor the world's cameras. If those cameras weren't there, it would probably be the worst psychological blow we could hope to administer to the Soviets in this crisis and would serve to embarass them in front of the world community to a far greater extent than any Ignited Nations debate could. So should we do it? Many people in this country are saying we should, citing references to the 1936 Games in Berlin in which Hitler tried to show off the splender of the perfect Aryan society. There was talk 'of a boycott then, but our country competed. Many people today say we shouldn't make the same mistake twice. What of the athletes though? Should they sacrifice all their training over the last four years oj- An boycott — — — .. more so we can show our macho Moscow? What about Al Oerter, four times an Olympic Gold Medalist in the discus competition between 1956 and 1968? He retired from competition after the 1968 games, but three years ago came out of retirement to try for Gold Medal number five. Through God-given ability and hard work, at the age of 43, he has progressed to the point where he has a good chance of making our team. For him to wait four more years and try again would probably 6e impossible. All his effort would be wasted and his dream of a Gold Medal shattered. The same would be true for any 17-year-old girl who has been training for most of her life to make our swimming team. She may never get another chance. Perhaps we should send our team to Moscow, and beat the Russians in their own backyard. Now what do you say? Well, I have a few ideas. The to recent overwhelming vote against the Soviet Union in the United Nations General Assembly shows the world-wide shock against the Russian aggression. A United States boycott, though right in a moral sense, would have little real effect on Russia. I'm sure the word would be passed to the Soviet people that the United State* team didn't attend because they were afraid of being humiliated in the competition. The only people hurt would be our athletes. But a world-wide boycott is possible. The United States can go a long way toward making that a reality by subsidizing or finding a new site for the games to be played. If the nations of theworld could see that they have an alternative to Moscow, their revulsion against the Russian aggression could cause them to join the boycott movement. The Moslem nations would be a natural to join in an organized boycott, and so would the third-world nations, but the West must be able to present to them a viable alternative to the Moscow games if not this year, then the next. There is no law which says the Games must be held on leap years. I hope it happens, but if it doesn't, we should go and' compete. But we should make sure our cameras stay focused on the reason they are there the athletes. I don't want to see any pictures of Lenin's tomb at sunset, happy villagers at market, new apartment buildings or other Russian propaganda. We shouldn't have to be Russia's publicity agent. The movies of Ivan's trip south last month are about all I can stomach. — — : Button Collecting Barrister Has Valuable Collection tion advises the collector of by R.W. Peters Borgnihe collects Arthur Feidler collected fire helmets. Hamilton lordan-collects little spoons. Ed Sinker collects political buttons. What's that again? Yup -that's right. Someone collects those little buttons that used -mikeshapiro to be übiquitous around elec- Ed Sinker tion time. You know -those has a collection which would things you would wear once, shame the Smithsonian. Sinker started collecting a destroy your Ban-lon shirt, and discard? Dime a dozen, right? mere three years ago and has Dispensed by glad-handing already amassed, an assortpolitical hacks, and paid for ment of between 1,000 and with well laundered campaign 1,500 buttons. He estimaes the worth of these discs at betcontributions. $12,000 and $15,000. ween Well, those were the preEd credits his brother with CREEP days. Now, those buttons so getting hm started in the field. worthless His first political button was a cast the in off thoughtlessly olden days may be worth a JFK for a President button, bundle, and Ed Sinker, a which he still has. Our button collecting barsecond-year law student here rister enlarges his'collection by trading; outright purchases are avoided whenever possible. Sinker receives word as to the availability of individual buttons or lots coming onto the in market from various newsletters catering to this hobby. The most circulated of these journals is the American Political Items Collecter. This publicaErnest stamps. SUMMER LAW STUDY Guadalajara London Oxford Paris San Diego For Information: Prof. R. Folsom U. of San Diego School of Law Alcala Park, San Diego, CA 92110 major auctions, news items pertinent to the collector and upcoming conventions. Political button collecting is a small, but rapidly growing hobby. The ARIC currently has a circulation of 6,000 and there are five or six conventions held every month, where collectors gather to swap buttons and-information.. Valuation of the buttons is (kept up to date by one Ted Hake, who maintains a centfal index, cataloguing all extant buttons. It is important to note that most political button collectors are concerned solely with presidential campaign buttons. Within this broad category, there are two types of manufacturing processes used to make these buttons. The older, more expensive type is the celluloid which consisted of a printed slogan or likeness of the candidate applied to a metal disk, upon which a clear, celluloid cover was applied, laminating the printed matter to the metal shell. The usual methpd used npw"adays merely lithographs the message or picture directly onto the metal button. These buttons,' aptly referred to as , Third Annual Law Revue Show March 21st Watch for more details - A small sampling of Ed Sinker's campaign buttons. "Litho Buttons," made their fetching higher and higher prices (a lames Cox FDR butportentious advent in 1915. ton was recently sold for a love Sinker professes great for his hobby. He is able to $6,000), base forgeries are discourse on all ofthe peculiar beginning to turn up on the aspets of his budding button market. Some of the reproducbonanze. He speaks of his Taft- tions are accurate enough to Sherman button, designed in fool even aficionados of this the Art-Nouveau style, much avocation, Sinker said. So people, next time you're like a oenophile would speak rooting about in your attic, and Philippe a of Baron of bottle find a Gus Hall or Harold 29. He bemoans the current Stassen campaign button, state of the art in button don't flip it into the nearest manufacture, believing both wastebasket. You may have a quality and aesthetics to be on valuable piece of Americana in the downturn. With buttons your hand. - January 24,1980 Opinion 7 , �Competition Violations Examined By Moot Court Board by Randi Chavis The Moot Court board voted not to expel two members previously penalized for violating a "no outside assistance" rule as competitors in the 1979 Desmond Competition. The board action was the culmination of a series of events which began in October, 1979. Mitchell Lustig and Rick Valentine were observed receiving assistance with their briefs. They were reported to Moot Court Director Tim Cashmore, Lustig by two Moot Court members who have refused to identify themselves and Valentine by Ruth Kennedy-Daise. Both students met with Cashmore, former Assistant Director Gladys LaForge and Chairman of the Problem Writing Committee, David Struss during November. There are as many different interpretations of the results of these meetings as there are participants. On Monday, November 4, Valentine had an informal meeting with Cashmore, LaForge and Struss. Moot Court board member Ron Zarowitz was also present. Valentine said he went into the meeting with the impression that a 30 point penalty was going to be assessed against his brief score. Struss assured him this was not being considered, Valentine said. He said Struss told him the rule had been violated but there would be no penalty. "Dave said it was a flagrant violation but no penalty would be assessed which struck me as cjdd which is why I remembered it," Valentine said. Cashmore said he tried to allay Lustig's and Valentine's fears of serious consequences. "I told them not to worry or words to that effect," he said. "I told them they would not be penalized unless they heard more from us." However, Cashmore said there was a misunderstanding about the outcome of the individual meetings. He, LaForge and Struss did not believe a final decision had been made, Cashmore said. Lustig and Valentine could have gone away with a different impression, Cashmore admitted. "In our minds, we-had reserved judgment because it was something we had never been confronted with before. The impression we gave to them is they should not have been worried about what was going to happen," Cashmore said. Struss said he did not have a clear recollection of the conclusion of either November meeting. However, he too, said he believed no final decision had been made. "An attempt was made to get across that a definite decision had not been reached at that time," he said. Struss "chewed me out," Valentine said, "and I left the meeting with the impression they thought that was sufficient punishment." Desmond competitors are invited to join the Moot Court board On the basis of the total of their brief score and oral competition score. Each team member receives an individual oral competition score while one brief score applies equally to each team member, according to the 1979 Desmond Moot Court competition rules and general information. Cashmore, LaForge and Struss decided on a five point penalty to be subtracted from the brief scores of Valentine and Lustig, according to Cashmore. The in penalty did not apply computing the brief scores of Valentine and Lustig's partners, Cashmore said. Other violations of the competition's rules for which penalties can be imposed are lateness and exceeding limitations on brief lengths. The maximum penalty for lateness is 10 points, according to Cashmore. The penalty for pages exceeding the stated page limit is five points per page, according to the competition rules. In Valentine's case, the penalty had no effect because his score was high enough anyway to warrant an invitation to the board. In Lustig's case, the Jive points made the difference in qualifying for the board. i Lustig's instituted an appeal. The matter was considered at a meeting during the last week of classes which had'been previously scheduled to discuss participation in future inter-scholastic' moot court competitions. There were 13 of the then 25 board members at the meeting, a quorum, according to Cashmore. There were complaints about the lack of publicity the meeting received. "A lot of people didn't know what the meeting was about," LaForge said. Atthe meeting, by a majority vote, the board passed a resolution to remove the five point penalty against Lustig and invite him to join the Moot Court board, Cashmore said. LaForge, who was not able to attend the meeting said she was dissatisfied about both the result of the rrjjeting and the manner in which it was reached. "I was upset about the decision but'more upset at the way things were done," she said. She utilized a by-law of the Moot Court board which provides guidelines for the process of expelling board members. LaForge said she was motivated by a desire to have a "full and fair hearing" on the Valentine and Lustig. Valentine received 28 votes against expulsion, nine for and two abstentions. Twenty-five board members voted to retain Lustig, 12 voted to expel him and three abstained. A two-thirds~vote was required to approve an expulsion. All parties concerned said they hoped the January 17 vote would be the end of the matter. As for future competitions, Cashmore said the rules need to.berewritten eliminate the present to ambiguities. "We need to make violations much more clear and penalties more explicity," Cashmore said. He said in the future the Moot Court board should delegate to a committee the special responsibility of dealing with alleged violations of competition rules. Then, Cashmore said, if something unexpected arises, the committee should make "an immediate decision and make it known to people involved." subject. "I didn't want to accuse them. wanted everything to come just I out," she said. The by-laws require a majority vote of the Executive Committee or a petition signed by six board members in order to consider the question of removal of any board member. Eight current members of the Moot Court board signed a petition calling for a hearing. Cashmore called a meeting to consider the issue for January 17. Lustig and Valentine were both surprised to learn the matter was once again under consideration: Lustig believed the controversy had ended at the December meeting. Valentine said he thought the issue had been resolved since the November 4 meeting with Cashmore, LaForge and Struss. "My reaction was disbelief that this was being brought up again," Valentine said. The board voted retain overwhelmingly to _ First Year Ban Proposed On Moot Court Participation — continued from page one - Court and made the board, said aren't able to the competition had been a educational and understand, the amount and valuable nature of the work involved," professional experience. Boyer said. "It's an optional competition Cashmore said a more explicit and I don't think the facutly's statement abou the time obligation to students requires commitment involved would be a them to eliminate optional sufficient warning. With that in activities from our academic mind, Cashmore said, students lives," Pincussaid. should be able to decide for said it is "an Konefsky themselves whether or not to to responsibility institutional compete. the quality make about judgments "I think I could see bejng more of student life and those things explicit in warning them of the go into effective legal time commitment but I don[t that education." think there's any reason to place a "There's a fine line between flat restriction on participation," what's paternalistic and an Cashmore said. Glenn Pincus, a first year educational decision," Spiegelman student who participated in Moot said. "They really Public Interest President's Corner New SBA Constitution Reschedules Elections — continued from page student body in the form of a implement a new referendum, us by system Sub-Board, than by lack of constitution or change the competence and diligence on our existing one. The current constitution, which is a few years part. Perhaps the biggest area of old, has served SBA well, but it does have some major faults. concern, however, is not the Foremost is the election of presence of errors or mistakes, but directors and officers in the spring tfie lack of initiative, devotion and rather than the fall. Moving energy on the part of SBA elections to the fall, when each members, individually and as a candidate will or should know whole. A recurring problem is their various time commitments, poor attendance at meetings. An is the major feature of the additional area of concern is the proposed constitution. SBA lack of activity on the part of Secretary Ted Donovan's Rules certain SBA and faculty-student Committee has also looked at committees. other portions of the existing Looking to the upcoming constitution in depth, with an eye semester, there are two important towards revising other areas as goals: First and most important is weir In the upcoming weeks, look the proposed new SBA advertising SBA constitution which will be ready for notices to discuss the proposed meetings for initial discussion a*t the next constitution, as well as general SBA meeting. Second is the informative sessions where election of new SBA officers and students will be given an directors in March. opportunity to discuss and With regard to the new criticize the proposals. SBA needs constitution, it is the student input as well as student responsibility of each student to approval so the next constitution familiarize him or herself with the will be something SBA and the proposed provisions. SBA cannot, student body can live with for without approval from the years to come. imposed two upon Opinion 8 January 24,1980 Even though SBA hopes to implement a new constitution for SBA and any person who is elected must realize it is a with elections in the fall, it will be commitment, no matter where it necessary to have an election this gets placed one one's list of spring because the officers and priorities. Serving on SBA means much directors now serving were elected to SBA only for that period of more than coming to meetings time. Whether those elected this and much more than having one's spring will serve until the fall of name placed on a committee. 1981, whether those elected will Serving on SBA means seeking serve in a temporary capacity problem areas which need until the fall of 1980, or whether attention and innovating new some other provision will be made projects to improve the quality of is something which will be law school life. Additionally, it decided as the new constitution is entails following through on those approved. problems or ideas until they are Whatever the case may be, now successfully resolved. Before the .election, evaluate is the time for each student to assess his or her interest in SBA as your interest in SBA. We well as his or her available time to desperately need new blood to work on and for SBA. One big replace the active third year problem that I have encountered directors and officers we will be since last September is the losing. Even more critical is SBA's conflicting priorities of SBA need for individuals who will find members. It hardly needs the time to come to meetings, mentioning but SBA is not nor who will make the time necessary should it be number one on any to actively participate in the operation of the school. law student's list of priorities. You have at least one month to Those who serve on SBA are not at UB to learn how to run a make up your mind, and I student government. They are sincerely hope the number of here to learn the law, and that is candidates this spring will far where the first loyalty lies. On the exceed the enthusiasm we saw other hand, any person running during last fall* elections. • The Public Interest Center invites all those interested in researching and writing articles in the general area of public interest law with an eye towards the eventual creation of a Public Interest Law Journal to attend a meeting on Monday, January 28, 1980, at 4:00 in Room 213. - — Volunteer For Vita Volunteer for VITA. The Law Student Division is working with the ABA Section of Taxation and the Internal Revenue Service to establish Voluntary Income Tax Assistance (VITA) centers at law schools throughout the country. Law students are invited to contribute their, time to assisting low income,' elderly, and some non-English speaking taxpayers in the preparation of their income tax returns. The IRS will provide training in the preparation of returns, as well as assistance in planning and implementing the VITA centers. If you are interested in participating in VITA or in organizing and coordinating the VITA program at your school, please contact your LSD/ABA representative and also write to: Patrick R. Abitbol, 211 E. Skelly Dr., Apt. 109, Tulsa, OK 74105. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0296b68a6d619079b184ce3d223872c1.pdf 6fe84c1c868c7d83a968ecb4c0d87c22 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 5 Opinion State University of New York at Buffalo School of Law Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 November 8, 1979 BLP Structure Questioned by Carol Gardner Boyer also mentioned some five environmental projects. projects are not very well thought Professor Reis is the logical person Questions about the structure out by their legislative sponsors. to advise the projects, but he's too of the Buffalo Legislation Project Other projects are lacking in busy to advise them all. We tried have been raised by Associate substance or not readily amenable to look at some of them as Dean Barry Boyer in a letter sent to 'legal research, according to administrative law projects," to members of the Academic Boyer. He said this problem might Patricia said. Patricia said there is a need for Policy and Planning Committee stem from the small number of (APPC). The letter questioned the worthwhile projects received by concrete rules and guidelines ratio of the number of students BLP in spite of its attempts to which he hopes the BLP committee can formulate. He said working on projects and the role solicit more. of faculty advisors. Ken Patricia, co-director of he believes the large number of Boyer said the letter was BLP, called a BLP meeting on people on BLP contributes to its prompted by his own experiences Wednesday, October 24 to problems. as an advisor and by a few emphasize to members the "We have 85 members working complaints "through the faculty importance of maintaining quality on 20 projects. Instead of having grapevine." In the past he has projects, monitoring the quantity the luxury of accepting only ten been unsure about his role as a and quality of work done, and good projects, we had to take faculty advisor, Boyer said. He educating faculty members as to twenty and some aren't that good. said he felt students had not taken their role in the program. Patricia Next semester, though, forty advantage of his expertise. also discussed setting up a people will leave the group and Another issue Boyer raised was committee to decide how projects we'll only pick up ten or fifteen the lack of standards for should be selected. Presently, new people," Patricfa explained. The committee to study the determining whether a project according to Patricia, the should receive credit. He* said the direction any given project takes problems of BLP will report to form faculty advisors sign at the and the work expected of the the APPC and then to the faculty. completion of a project, granting project members is left to the Boyer said Patricia and Professor credit to the project members editor and faculty advisor for each Bob Berger are already working at basically reads, "I hereby agree project. He said problems arise solving the problems. He expects that the completed project because some faculty members are them to be successful, he said. conforms to the original too busy and others do not have a Patricia said he was hopeful the description of it." background in the subject matter problems will be solved by the end of this semester or early next "I don't know what that's of the project supposed to mean," he said. "For example, we have four or semester. SBA Resolves Budget Problem by Rossella E. Brevetti The status of the Student Bar Association (SBA) budget has given rise to much confusion and speculation over the past few weeks. After heated debate, a clearer picture has emerged. Following discussion by the finance committee, no controversy exists as to the amount of cash actually on hand. SBA Treasurer Charmaine Bissell Charmaine Bissell and the finance committee drew up a report illustrating current budget allocations and re-adjustments. In an effort to critically analyze the SBA financial picture, Secretary J. Ted Donoyan issued an eleven page memorandum to board members. In his report, Donovan expressed the belief that the "single most important reason" for recurring fiscal confusion is the budget is always drawn up and voted upon in March and April. Since the fiscal year runs from September 1 to August 31, a four month gap between the presentation of the budget and the conclusion of the fiscal year exists. The finance committee adds the estimated income from student fees to the estimated carryover from the previous year when determining the budget. Due to the four month gap, the estimated carryover has always been less than the actual amount. Donovan made several suggestions in his report. The most drastic was that the board rewrite the budget. This suggestion was not accepted by board members. After reading Donovan's report, 3rd year Director Tony Leavy, issued a memorandum to board members calling the SBA budget "fiscally responsible, conscious, and socially progressively activist." When queried about the myriad problems encountered by drawing up the budget for the September-August fiscal year in April, Leavy said September budget meetings would bring a plethora of other problems. It would still be difficult to calculate the actual carryover, he said. Another problem is board members elected in September would have the added responsibility of drawing up a budget while still struggling to get organized, he added. In addition, there would be a gap during the fiscal year when the SBA would be operating without a budget, he said. One of Donovan's suggestions to alleviate this problem was doing a temporary budget in April ultimately subject to revision in September. Leavy said this was an unsatisfactory solution since it would be difficult to predict how organizations would respond in April knowing they would be able to get more money in September. Much of the concern expressed centered around the SBA allocating more funds than will be taken in as revenue this year, fn past years, many student clubs did not spend all the funds allocated to them. These unspent funds were returned to the SBA treasury each year. This practice resulted in the accumulation of a large surplus. Knowing they had an unusually impressive surplus, the SBA budgeted $30,774.95 while only expecting to take in $26,756. However, since .SBA total assets amount to $44,886.09 this leaves a $14,000.14 cash on hand surplus which has not been allocated. The finance committee recommended $10,000 of this surplus be earmarked for special projects and the remaining $4,000 cont'd. on page 8 Marcel Ophuls Ophuls And Taylor In Panel Discussion by Jeremy Nowak This year's Mitchell Lecture scries gave the law school an opportunity to examine the work of the internationally celebrated documentary filmmaker, Marcel Ophuls. Ophuls presented three of his best known works: "The Sorrow and the Pity" (1972), which was nominated for an Oscar; "The Memory of Justice" (1976); and "A Sense of Loss" (1973). These films attempt to induce the viewer to look at the attitudes and ideals of individuals in stressful situations, to sec how these individuals attempt to maintain their dignity, and to stimulate thinking about the equities underlying these situations. "The Sorrow and the Pity" is a film which exposes the myth that the French people steadfastly resisted their Nazi conquerors in World War 11. The film, which encountered stiff political opposition when its release in France was sought, portrays the majority of the French as people complacently accepting the occupation, making every effort to accomodate the Germans. The resistance fighters are portrayed as a relatively small group of lower class workers, communists, and students. One former member of the resistance interviewed in the film describes his comrades as "emotional eccentrics and social misfits." By debunking this myth, the film lays bare the moral indifference of the French and brings forth the idea that the mind remembers what it wants rather than what actually occurred. "The Memory of Justice" can profitably, though oversimply, be viewed as a sequel to "The Sorrow and the Pity." Historically, it follows the end of World War 11, depicting the Nuremburg war crime trials. Thematically, it attempts to build on the same ideas: moral' indifference and selective remembrance. The film examines in exhaustive detail the moral ambiguities which troubled world opinion during Nuremburg and the hypocrisy which was brought to light by the failure to prosecute for war crimes occuring during the French-Algerian conflict and the U.S.-Vietnam debacle. If there is truth to Plato's thought that humans have a primordial memory of ideals of virtue and justice, (the thought that inspired the title of the film), this memory is indeed selective and subject to the filtering influences of the rememberer. "A Sense of Loss," a mercifully shorter film, departs substantially from these themes as it attempts to describe the sectarian violence in Northern Ireland. The film lacks a critical, analytical perspective because the issues involved in the conflict are not well suited to presentation in Ophuls' interview format, nor does Ophuls have strong sympathies with either side. The highlight of the Mitchell series was a panel discussion bringing together Ophuls, Telford cont'd. on page 8 �Ouinion vol. 20, no. s N0v ' 8,1979 Editor-in-Chief Randi Chavis Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff; Alan Beckoff, Paul Bumbalo, Tim Cashmore, Jon Dußert, Marc Ganz, Carol Gardner, Joe Peperone, R.W. Peters, Mike Rosenthal, Karen Spencer. Contributors: Rosella E. Brevetti, Roger Moran, Jeremy Nowak © Copyright 1979, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. up Editorial Honesty Is Best Policy Monday, November 12, the law school will be visited by an accreditation team organized jointly by the ABA and AALS. The visit is standard procedure for all accredited law schools, occurring once every seven years. The team members will be given free reign of the law school and may enter classes and seminars at will. This is how it should and must be. By seeing us the way we are, the team sees the bad as well as the good. Problems to which we have been blind may be objectively seen from afar. Feedback from the team, good or bad, will help us sharpen our focus. But for the feedback to be of any value, we must respond openly and honestly to questions. Thus, we must be honest with ourselves. As we are all well aware, our law school has many excellent attributes. The educational outlook that exists here is an innovative one. This freshness is pursued by a talented faculty, rich in creativity and ideas. The four tier grading system creates a cooperative atmosphere conducive to learning as opposed to modes used in other schools which tend to alienate the law student from his peers and perpetuate an environment of cut-throat competition. O'Brian Hall is a comfortable place to study. It houses the Sears Law Library, a spacious structure containing over 200,000 volumes and equipped with enough seating room to accomodate students during the most harried "final week." In addition, the library is also a federal depository for documents. Thus, there is no doubting the law school's finer qualities. But this is not to say that flaws do not exist. The lack of a full-tjme clinical program director is a void which needs to be filled. Some areas of legal study are neglected though we claim to have a broad curriculum. In our opinion, the plusses far outweigh the minuses. But this does not mean the weaknesses should be overlooked. The only way to correct flaws is to acknowledge them. Students should be open and honest with the accreditation team and try to represent to our guests an image of reality. This visitation should not be viewed as "the law school on trial," but in the alternative, as a learning experience for all involved. Thanks For The "Memory" We wish to express our appreciation to the Mitchell Lecture Committee, and especially Professor Marshall Breger, for last week's opportunity to listen to Marcel Ophuls and view three of his films. The four day presentation received favorable response from within and without the law sctiool community. This positive response evidences a need felt by the law student body to gain a larger perspective on the role of the lawyer in society. We hope the Mitchell Lecture series will continue to bring to the law school provocative, high quality speakers. Ophuls told us we must be judgmental. In following his message, we judge last Week's presentation a major success. 2 Opinion November 8, 1979 Letters To The Editor A Week Off: Student Escapes The Law degree of skill, care and plain balls. Every law student at UB should be able to contemplate what they are doing for a week. In my case it enabled me vacation, on a As I sit here during Section 3's and work and have fun. It was a week lonely bus bound for bustling Buffalo from auburn to think looniness, which is where most law this off... During think about law school. Albany, up in any case. end sojournal break, hundreds have asked me whether students has helped me do at least one vacation "the The loneliness," law school was worth "the some sense of the rememberance of an embarrassment" or "the loss of identity." The thing: recover beyond ÜB. Travel" has helped me world hell outside asked me what the masses gathered: mostly they students think like. And anyway non-law I was doing away from school in the middle of the learn:*hat ride. subway dig good a semester. Law school goes on. But Shlegel, Hyman and I answered them esoterically; I told the masses should take pride in sharing with students a or Katz Shlegel's ingenuity that it was Katz's shrewdness, Hyman's initiative; this depended on whether was vacation: I assume they all wanted to get out of here talking about the airy intellectual, the tough teacher anyway. To the Editor: I , 0r... I I of doctrine or the social theorist How in all Buffalo does a law school class get a week off in the middle of a semester? It takes a Courageous To the Editor: Softball Leaguers I'd like to take this opportunity to thank all those individuals who risked their lives playing in the first law school Softball league. The courage and determination that was displayed against all odds was truly remarkable. My congratulations to the winners, Team 8 (there were no real losers), and I hope that next year will be even more successful as we make the necessary changes in the league. Special thanks should also go out to Bill Lundcjuist and Tom Gick, who acted as umpires during the playoffs. I have but one more thing to add. Will the team captains please return the winter survival kits and the t Still on this lonely bus, Marc Ganz ... Thanked snorkel and fins they used to play right swamp (field)? Thank you. Chris G. Trapp PS. This is a personal note to all those that I had the privilege and honor of competing with during the past softball season. Thank you team, I was proud to be a part of the group, and I look forward to us being together again in the future. You helped me keep it together during all of the insanity of the season. ., Consumer Mediator Corrects Report To the Editor:. -~.•.• I would like to thank R.W. Peters for writing the article on the Buffalo Consumer Mediation Service (BCMS), and congratulate him on a job well done. There are, however, a few basic misstatements in the article which need to be corrected. BCMS is the title of the law student staffed consumer mediation service which is located on the fifth floor of O'Brian Hall. It is not the title of the organization at Buffalo State College. That group is called Consumer Action. The BCMS is an independent, autonomous organization. Moreover, the BCMS's approach to solving consumer disputes differs from that of Consumer Action's in that the BCMS is a mediation service and Action is a consumer advocacy organization. That fundamental difference .sharply distinguishes the BCMS from > Buffalo State's _. J organization. ; Unfortunately, ,the r,e.ade,rsmay have received a Jjranch pf false impression that the BCM§ Buffalo State's Consumer Action; clearly it is hot. Lastly, the BCMS does not handle 10 percent of Buffalo State's caseload, and the BCMS attorney who functions as a case mediation supervisor is not paid by retainer, he is salaried. Consumer .. • ... Paul Israelson Executive Director Buffalo Consumer MediationService Placement Doing More Than Its Job To the Editor: We'd like to take time to offer some words of appreciation to the law school placement office. It's easy to lose sight of the fact that some very dedicated people are working their heads off for everyone's benefit. And it's even easier to dismiss the need to thank these people merely by saying, "It's their job." Dean Carrel, Audrey, and Chris have worked many hours doing thankless tasks for our benefit. Putting together the New York City placement event involved an amazing amount of patience, dedication, and schedule-juggling. As two of many students who attended, we believe the effort was extremely worthwhile. But, beyond this type of special event, the daily demands of successfully running this office deserve recognition. All of those law firms and agencies do not just magically appear at the law school to interview students. There are phone calfs to be made, resumes to be solicited, schedules to, be formulated and so on and so forth. The placement office cannot get us jobs. Only we can do that. But, what the office can do is provide us with as many opportunities to get jobs as possible. And we think they've been successful in doing that this fall. Cathy E. Kaman James F. Ryan Appointments Committee Requests Input To the Editor: The SBA Appointments Committee is currently in the process of evaluating and analyzing the process by which students are appointed to both SBA and Faculty-Student Committees. In the past, this process has primarily entailed an informal interviewing session followed by SBA approval of the Appointments Committee's recommendations. It is currently the Committee's intention to create a process which is more detailed and thorough than that used in previous years. With that end in mind, we are seeking written comments and suggestions so that the new prociss will be more logical and fair. Please submit recommendations no later than Thursday, November 15, 1979 to Ellen Dickes, a member of the' SBA Appointments Committee. Her mailbox number is 75. Before ending, we would like to stress the importance of student and faculty input. We greatly appreciate their assistance. If there are questions, contact Jeff Taylor, Rocky D'Aloisio, Ellen Dickes or Doric Benesh. SBA Appointments Committee �International Law Society Meeting President's Corner Accreditation Team To Visit appropriate to share some of his comments with you. Central to the direction of the law school are the Long-Range Plan adopted by the faculty in Today Room 213 2PM International Law Weekend Stresses Negotiations Role by Roger Moran extreme specialization helps account for the low turnover in the legal departments of international organizations. Two members of the law school's International Law Society attended the annual The International Trade International Law Weekend in Commission enforces various US Washington, D.C. on October 6 & trade laws against foreign 7. The program was sponsored by exporters upon ,the request of the Section of International Law domestic producers. The of the American Bar Association. Treasury, especially through the The weekend seminar included Customs Service, and the a session on research methods in Commerce Department have international law, and a panel extensive jurisdiction over discussion on the role of the imports, and both employ large lawyer in international legal departments. The Trade Act negotiations. of 1979 has given the Commerce Public international law is the Department new matters to body of law which governs states regulate, and its legal section is and international organizations. being expanded accordingly. The law of treaties, the law of the Law firms which have an sea, the law of war and the international practice typically protection of human rights are represent foreign clients who among its major topics. Not export to the United States and surprisingly, employment who run awry of one of our trade possibilities in this field are almost laws. They also represent exclusively with government domestic manufacturers in agencies. antidumping or antitrust actions The Office of the Legal against foreign parties. Typically, the American Advisor in the State Department deals with the legal questions international lawyer's task is to arising out of the United States' explain the US legal system to foreign relations. It is not a very foreign clients. Aside from large office, and die' openings for knowledge of the law,! his rriost new lawyers are few arid eagerly important characteristic is an sought. Its reputation is for openness to other cultures. Many international lawyers meticulousness. International organizations, have come to their positions by such as the International serendipitous routes, leaving one Monetary Fond, are subjects of with the impression that it is international law and often enter impossible to enter the field into agreements with states. The directly. While there are law applied by most international employment possibilities in organizations arises out of the international law on the entry level, they are limited. It would be fiharter which created them. Most, if not all of the experts wise for the prospective of these arcane bodies of law are international lawyer not to the lawyers who work for the concentrate exclusively on this organizations themselves. This field. 1975, and the Mission Statement, by Doric Benesh Every seven years the American Bar Association (ABA) "reinspects" its accredited law schools. UB will be visited by a team of five individuals on November 12, 13 and 14 for this purpose. The ABA describes the purposes of the reinspection as three-fold: to assist us in attaining our full potential; to determine whether our school and program are in compliance with the ABA's Standards of Approval; and to identify the developments in curriculum, teaching, research and public service which would be of interest to other law schools. An additional goal not listed by the ABA, but mentioned by Dean Thomas Headrick, is to assist the law school in getting its needs and priorities before President Robert Ketter and his administration. The exact format of the ABA's upcoming visit is highly tentative because team members are given wide latitude in determining the areas of inquiry as well as the persons with whom they wish to confer. With that ifi mind, students should not be surprised if they are approached. I strongly suggest that if you are, you respond honestly and take advantage of the opportunity to air your personal feelings about the school. In preparation for the ABA's reinspection of ÜB, Headrick prepared a "self study" which was recentl submitted to the team. Because these inspections take place only once every seven years and because of the dean's own description of the self study as a "State of the Law School" document, I thought it Insurance Foundation Sponsors Contest The Federation of Insurance Counsel Foundation is sponsoring an essay contest. Essays can be about any insurance related subject, including trial practice of insurance litigation. There is $3,500 in prize money being offered: $2,000 for first prize, $1,000 for second prize and $500 for third prize. The deadline for submission is May 1,1980. All iaw students enrolled in their second or third year at law schools accredited by the American Bar Association are eligible. Essays should be about 10,000 to 12,000 words in length. An original copy, typewritten and double spaced, on B'/j"xl1" white paper, should be submitted. Footnotes and style should conform to "A Uniform System of Citation." No essay will be accepted unless it has been prepared solely for the contest by one author, has not been previously published, and will not be submitted in any other contest. By submission, The Federation of Insurance each entrant thereby assigns to Counsel Foundation is a the Foundation to return and non-profit corporation sponsored release the assignment of the by the members of the Federation rights of all but the three winning of Insurance Counsel to promote essays and any other that the study law, and to the of insurance editor of the Federation of Insurance Counsel quarterly publish materials in the field of considers worthy of publication. insurance law and practice. Management Seminar Set "Law Firm Organization and Financial Management" is the topic of a program to be conducted November 9 in Buffalo by the New York State Bar Association's Continuing Legal Education Committee and the Special Committee on Professional Economics and Efficiency Research. The program, to begin at 9 a.m., will be at the Sheraton Inn East at 2040 Walden Avenue, Buffalo. Subjects to be covered include financial management, the use of minicomputers and service bureaus, law office law office reorganization, accounting systems, and employee benefits. Chairman, of the program is Herbert J. Goodfriend of New York City. Speakers will include Peter A. Giuliani, Denis A. Halton, Bradford W. Hildebrandt, Michael F. Klein Jr. and Christine M. Millen, all of New York City, and James F. Rabenhorst of Washington, D.C. For more information on the program, contact the Continuing Legal Education Department, NYSBA, One Elk Street, Albany, New York 12207 (518-445-1211). administration, although the number of applicants is decreasing, the overall quality of the pool as a whole is increasing. Future remedial elements of the, admission program include better publicity adopted in 1977. Both of these and extensive personal contacts faculty products place emphasis with undergraduate schools. on the "unusual and the The study is disappointing in experimental." The stated goal of its too brief comments concerning the faculty is to attract students, women and minority admissions. faculty and administration who It states that the stable percentage are characterized as interested in a of women students is encouraging. non-traditional law school. With Its discussion of minority this background, the dean enrollments is completed in one proceeds to present the "State of short sentence: "Minority the Law School" in terms of its enrollments have changed as we faculty, curriculum, admission have experimented with various md placement of students, alumni forms of special assistance support and, finally, relations programs and cut off levels for with SUNYAB's central administration. Headrick's opinion of our faculty is favorable. He views their teaching abilities as "solid". From the point of view of research, the dean finds diversity in both style and content. On the other hand, he points to some weaknesses. First of all, there are areas of law which are not currently covered by our faculty and/or which will not be taught if those faculty now on leave do not return. These areas include substantive regulatory areas, eg., energy; international law; corporations; antitrust; commercial law; and family law. Secondly, the topic of financial support for faculty, unveils another weak area. Although our faculty salaries have gradually been made somewhat more competitive, many professors eventually leave us for those schools which outrank ÜB. That, of course, comes as ho surprise to second and third year students. The self study defines the present curriculum as comprised of mandatory classes for first year students with a variety of elective courses for the upper divisions. Included in the variety arc the "high demand" survey courses, specialized "low demand courses, seminars, and clinicals. Most of us arc familiar with the dean's proposed curriculum change to reorganize our current structure. The fate of his proposal is currently being worked out in committee, particularly in the Academic Policy and Program committee. Highlighted by the study is the Buffalo Consumer Mediation Service, which second year Student Bar Association (SBA) director Paul Israelson worked so hard in creating, and now, in maintaining. A weak area to which the study points is the need for an overall clinical program director who can give a long-term commitment; the study indicates that we will have thatperson, it is admission." While the effectiveness of UB in recruiting students is wavering, its ability to place graduates is encouraging, according to the study. In light of all the activity and energy one encounters now in the placement office, it is difficult to believe that not long ago the law school had to fight to get its own, separate placement personnel. Placement currently plans to expand the number of on-campus interviews and to strengthen our reputation in metropolitan areas. In addition to placement's growing success, ÜB's ability to garner alumni support hasbeen on the upswing. Still, the amount of actual dollars contributed does not compare with that of other similar law schools. Unfortunately, the study does not see any immediate improvement because of the amount of work involved and the lack of staff to manage a project of that magnitude. The last area of the self study revolves around the relationship of the law school to the rest of ÜB. Like most law students, the dean himself has very little contact with Ketter. His prime contact is Vice President Ronald Bunn. The dean states their relationship is comfortable and open. His visits with Ketter are confined to special or extraordinary matters. In general, the law school confronts many of the problems we ourselves do when having to deal with offices outside of O'Brfan Hall. In other words, the situation is tolerable, but frustrating. Perhaps this last area is where the ABA's reinspection will do the most good. Personally, I doubt the school .will be subject to any demotion in its accreditation. That does not mean, however, that it will not be subject to criticism. I hope the team will have pertinent suggestions to improve communications with the central administration. Although our relationship with Capen Hall hoped,' by next semester. The problem of declining (not to mention Albany) certainly student admissions is one to needs improvement, there are which the study responds: "There areas within the school itself are no simple explanations and which may need the constructive the complex ones have essentially comments of an objective eluded us." It does, however, observer to get us on the road to offer some explanations. improvements. For example, downstate Again, I urge you to converse applications have fallen. freely with any member of the Interestingly, the number of reinspection team who may stop applicants at the "lower" end has you. SBA has moved to invite the decreased in proportion to the team to itsNovember 13 meeting. number of applicants at the We certainly hope our invitation "quality" end. In other words, will be accepted. , November 8, 1979 Opinion 3 �Truth In Testing Answer Sheet For Questions About New Statute LaValle is planning to convene the Senate Higher Education Q: What does the Truth-in-Testing Committee to discuss the law do? weakness, areas of and learn of exempting these possibility of their A: It extends the concept tests due to the economic and from their mistakes. Truth-in-Packaging hardship of developing more tests Truth-in-Labelihg to standardized higher education admission tests. Q: Why have the testing for so few students. There is Essentially, it is a disclosure law. companies threatened to raise test already a precedent for exempting low-volume tests as the law It provides students, parents and fees? the educators with the information A: In an effort to keep their tests specifically exempts needed to make intelligent use of from public scrutiny, the achievement and GRE advanced these important tests. The law companies have claimed that the tests. Other small tests were not "They never requires test companies to: cost of developing new questions, excluded because, told us about the came and public, on ones made request, to replace the 1. Provide a student told after scores have been released, will force them to raise fees. The problem," Senator LaValle York Times. the New copy of the test Board has stated that it College with a questions, the student's may increase the current $8.25 answers and the correct SAT fee by as much as $5.00 and Q: Will the law make it impossible develop enough questions for answers. reduce the number of test dates. to the MCAT and DAT? A: No. The sponsors of these exams have argued that the nature of their tests' subject matter limits the number of relevant questions that they could develop. However, according to noted test experts including Dr. Walt Haney, staff director of the National Consortium on Testing (an organization of educators concerned with testing, whose members include ETS), the law does not create this problem. However, the DAT sponsors have recently agreed to comply with the law as have the LSAT, GRE and GMAT sponsors. correct answers. And sixth, it enables students to see which questions they got wrong, detect 2. Supply test-takers with more However, there is no justification detailed information about what the test is designed to measure, how their scores will be computed and how test scores correlate with important background factors such as race, economic class and coaching for the exams. 3. Disclose all studies and reports of test validity. Q: How does Truth-in-Testing help students? A: In several ways. First, it helps them understand their scores by telling them the test's error of measurement- and how well it predicts future performance. Second, it lessens the inequities created by expensive test coaching schools by giving all students equal access to information about the test and test questions. The importance of this access has been underscored by a recent Federal for increasing fees. According to the internal cost studies of ETS only about 5 percent of the fee paid by the student goes to the cost of question development compared to 22 per cent -27 per cent which goes to test company profit margin. ETS has estimated that the law would increase SAT question development costs by $1,092,000. ETS' own internal test development manual, which says that most questions are already written anew for each test, suggests that this figure is greatly inflated. But even if this ETS estimate is taken at face value, it amounts to less than one third of the profit margin taken by ETS and the College Board on the SAT (Between 1974-75 and 1976-77 the profit margin ranged from $3,028,178 to $3,541,000). Thus, by ETS's own figures, Truth-in-Testing could be implemented with no increase in fees and only a modest cut in the profit margin of this ostensibly non-profit, tax-exempt Trade Commission (FTC) report which found that certain classes of students had their scores significantly increased by coaching. Third, it helps them corporation. detect scoring mistakes by disclosing their answers along with the correct answers. Within the Q: What about the low-volume past year scoring errors involving tests that may be withdrawnfrom thousands of students have come the state? to light in the law, business and A: With the exception of the medical school tests. Fourth, it MCAT, and MAT, the only exams lets them know how their scores that the industry is threatening to will be altered before being stop giving in New York are tests reported to schools. Test that only a few hundred students companies now recalculate scores take each year. State Senator into index numbers without Kenneth LaValle, R-Port telling students how or why these Jefferson, the law's principal manipulations are being done or sponsor, has stated that though what their reported index number the industry's threats to increase is. Fifth, it increases the validity fees are "part of their national of test questions by opening them strategy of diluting the disclosure to the scrutiny of educators and provision and making it as hard as experts. In the one case where possible to implement this law," questions were released after the special administrations for test (the February, 1973 Saturday Sabbath observers and Multistate Bar Exam) Georgetown handicapped students and other University law professors were low-volume tests may warrant found to disagree on 25% of the special consideration. Senator Opinion 4 November 8,1979 companies are not planning to follow this policy, as their goal is not to comply with the law; it's to weaken it. Congress however, is a federal considering Truth-in-Testing bill that would extend the provisions of the New York law to the entire country. The bill is sponsored by Representatives Ted Weiss and Shirley Chisholm of New York and George Miller of California. Several states are also considering Truth-in-Testing legislation. Q: What is being done to protect students, who the law is designed to benefit, from reduced services, boycotts of the state and increased fees? A: Senator LaValle, as previously mentioned, will convene the Senate's Higher Education Committee in November to review the testing corporation's claims. The Committee will consider ways of making it possible for small-volume tests, including special tests for handicapped and Sunday test-takers to continue operating economically within the state. If warranted, they may exempt some of these tests from the law. The Committee may also subpoena internal cost documents from the larger companies to determine if an increase in test fees is justified. If it is determined cause problems Q: Won't the law or with "equating," the process that that an increase in fees reduction services is not in makes tests comparable from one necessary, strong pressure will be year to the next? brought to make the comDanies A: No. The law exempts nongraded questions used to equate tests from being disclosed. Some tests such as the SAT do all their equating with such ungraded questions. Other tests which currently use graded questions for equating can easily adopt the SAT procedure. According to the independent testing experts who testified at the Senate-Assembly hearing on Truth in Testing, equating can continue using existing techniques and procedural modifications that extend no further than rewriting some computer subroutines. According to Professor E.W. Kelley of Cornell, a testing consultant to the U.S. Congress and the University of Chicago, "Equating is entirely possible at little or no cost under this legislation. The methods used for equating under this legislation will be simple, including some already practiced by the test industry." This view is endorsed by, among others, Dr. Lewis W. Pike, senior researcher at the National Institute of Education and former director of verbal test comply fully with the law. development at ETS. Previously disclosed cost Q: Couldn't any extra cost documents indicate that no incurred in preparing new tests be increase is justified. The State Education spread across the country rather than just being charged to New Department has also ruled that York students? the law applies not only to tests A:Of course. In fact it's the given in the state but also to tests logical approach to take as the given anywhere, whose results are tests written to comply with sent to a college or university in Truth-in-Testing can be used New York. Therefore, it would be across the country. Even using the illogical for a test to be withdrawn industry's inflated cost figures, if from New York, as the company a national policy of disclosure was would still have to comply with adopted, the increase in test fees the law. It is important to recognize to students would be minimal. The Law School Admissions that the law is a good one, but Council, which sponsors the that the testing industry is LSAT, has indicated that it might working feverishly to weaken it. do just this. But most test This issue was summarized by Dr. Vito Perrone, a well-known test scholar and President of the National Consortium on Testing: "There is some degree of intimidation in all of this that is unacceptable. There is little evidence that any of the dire circumstances need to prevail unless, again, the testing irfdustry ~ refuses to bring already existing knowledge and fresh commitment the new to bear on circumstances. What the test producers do not wish to acknowledge is that the law introduces a measure of fairness that is now lacking and has the potential for improving rather than diminishing the overall quality of assessment practices. It deserves support and should not be permitted to falter through inaccurate information or threats." Q: Who are some of the law's supporters? A: Virtually every major parent, teacher, student and civil rights group in New York State. These supporters include: the New York State Congress of Parents and Teachers (PTA), The United Parents Association, the New York Educators Association (NYEA), the New York State United Teachers (NYSUT), the New York Personnel and Guidance Association, the New York State English Council, the Student Association of the State University, the Independent Students Coalition, the CUNY , Student Senate, the New York Public Interest and Research Group, the NAACP, the Puerto Rican Legal Defense and Education Fund, the New York State Consumer Protection Board and the Attorney General of New York. The law is also supported by the director of Arts and Sciences admissions at Cornell, the SUNY Binghamton Faculty Senate and numerous test experts such as Dr. Leon Kamin, author of The Science and Politics of IQ and former chairman of the Princeton University psychology department. �O'Brian Hall Sure-Fire Ticket To Wall Street Celebrates Halloween From thePlacement Office of Murphy's Law School i Many students panic in this day and age about the probability they will be unemployed when they leave law school. Don't despair. This is designed to give you some tips which are not published in library books or necessarily ascribed to on the third floor, but are sure-fire ways of getting a job. The most important key to getting a legal job is to have a resume which will catch a potential employer's eye. The hiring committee is looking for a neatly printed resume where the important information jumps off the page. Therefore, make extensive use of boldface as initially the hiring committee does not read any of your fine print. After your name, address, and other personal information (zodiac signs are a must for California firms) you should start off your resume with relevant informationabout your legal education. Next, honors and activities require great emphasis in a resume. Remember to include them in your resume. Then since legal employers are usually impressed with experience gained in association with large law firms, consider the following examples oiexperience to which many Buffalo students can honestly attest. \ We suggest the following form: LEGAL EDUCATION State University of New York at Buffalo Faculty of Law and Jurisprudence Buffalo, New York 14260 J. D. expected May 1980. Class Rank: 10% I Honors Grades: would have been appreciated in the following courses. Corporations; Enterprise Organizations; Evidence; Torts; Contracts; Federal Tax II; Constitutional Law I; Constitutional Law II; Constitutional Law IV (seminar on Presidential Powers); Constitutional Law XXIX (research seminar on Lockhart, p. 429, note 3, par. iv vi or Gunther, p. 633, sec. B, line 4, 3rd word in.); Commercial Paper; Legal Profession III; The Legal Implications ofThe William Tell Overture (seminar). LSAT: 797 November 400 July 397 HONORS AND ACTIVITIES: Buffalo Law Review Received defective complimentary copy of Vol. 28, Number 1. - Charles S. Desmond Moot Court Competition Finals Sat in third row and attended free cocktail party following the arguments. Charles S. Desmond Moot Court Competition - Best Briefs Accidentally revealed during post-banquet party. Buffalo Legislation Project Tried to slice BLP's budget to facilitate more videotaping of SBA meetings. Buffalo Consumer Mediation Service Elicited their aid in dispute with Echo II over defective bong. Buffalo Legal Aid (Clinic) Former frequent (and well-liked) client. Sea Grant Fellow Spent several hours in law library searching for anything published by one. Student Bar Association Former president - resigned for personal and compelling reasons (e.g. membership on law important long-distance phone calls) review, Research and Writing Instructor Couldn't believe it when mine got a raise. — Law School Journalism The Opinion Read every other Thursday. LAW OFFICE EXPERIENCE ( Philledup, Lyres, Hafcrocked, Blinde, and Hubris Buffalo, New York secretary offering to return Received personalized form letter signed by an associate's personal my resume (C.0.D.). . _ _ Jaeckle, Fleischmann, and Mugel ' . Buffalo, New York Estate Received ratings of "qualified" from a senior partner in areas of Future Interests and r Planning. District Attorney's Office Buffalo, New York Booked, fingerprinted and then released on my own recognizance. November 8, 1979 Opinion 5 �Culinary Counsel Take Stock In Soup For Warmth And Aroma by Karen Spencer Mm! Mm! Good! How we children of the media could be led to believe that soup only meant Campbell's! The saddest part of that media manipulation was the warping of our tastebuds (to say nothing of contributing to another corporate conglomerate that controls our legislative process). I- can remember hating my mother's homemade vegetable soup because it didn't taste like that from the red and white can. I not only remember, but still have a soup spoon with the little Campbell's girl on the handle! But homemade soup what a versatile and nourishing and downright delight to the palate. A perfect mainstay for student diets, a large pot of soup can serve many meals in a minute. With the onset of cooler weather, a warm, hearty soup warms the soul which can then in turn warm another body. (Bet you never thought of soup as foreplay, did you?!!) The recipes that follow are a mere sample of endless possibilities. Creative cooks can conjure up a surprise potful of sweet and/or savory soup with - little effort and whatever ingredients are on hand. Keeping a pot simmering constantly on the stove to which you add leftovers is convenient, thrifty and leaves a lovely aroma circulating throughout the house. This practice takes care to avoid bottulism or other food poisoning from occuring. An alternative is to freeze all your leftovers and then one day empty your freezer into a big pot to simmer and voila! A word about stock. Many recipes call for meat or poultry stock or water from cooked vegetables which obviously means simmering these items for a few hours. Stock is an important ingredient to those water based soups but it need not be a time consuming process. Bouillon cubes are quick and easy for those 1 tsp. curry 3 c. broth 1 1 Ib. can pumpkin 1 T. honey dash nutmeg salt & pepper 1 can evaporated milk Saute mushrooms and onions in butter. Add flour and curry. Then broth. Add everything else but the milk and simmer 15 minutes. Add milk and heat through. Serve topped with sour cream or yogurt. Variation: Substitute squash for pumpkin and add 1 c. orange Simmer 1 hour. Add the rest of the onions. Stir into one cup of the broth, the sour cream, and then back, into the soup. Add lemorriuice and simmer another hour. Serve hot or cold and garnish with -sour cream. Seasoning with marjoram or more to taste Drain cauliflower and mash in savory adds a little interest. This is a nice light %oup, a blender or food mill. Saute onion in butter and add bouillon perfect for a first course. cube. Stir milk and water into cauliflower and combine with Carrot Soup 2 onion slices 1 vegetable bouillon cube 2 c. milk, scalded 1 qt. boiling water 1 tsp. salt 1 egg yolk, beaten 2 T. grated Swiss cheese, or A: juice. . Barbie's Beet Borscht 2T. oil 3 onions, chopped 3 beets, peeled and grated 2 beets, peeled and cubed not opposed to preservatives. There are vegetable bouillon.cubes 1 carrot, chopped 2 potatoes, peeled and cubed available which are unadulterated from health food stores or food 1 medium head red cabbage, shredded co-ops. A secret of mine, when none of 2 qts. stock the above alternatives are 2 c. canned tomatoes desirable, is to finely mince onion, Vi tsp. dill seeds, Finely ground celery and carrots (V> to Vi of a 2 bay leaves cup), saute in oil with salt and 1 T. soy flour For those of us concerned with 3 T. brewer's yeast pepper until browned and add intake, soup can be a caloric boiling water. This will quickly 1 tsp. salt not fattening meal. create a savory stock. Saute onions, beets, carrot, filling but So plan to spend a cold winter potatoes and cabbage in oil for 1S onion mixture. Add salt. Cook 5 evening in front of the fire with a minutes, stirring constantly. Add minutes; Strain. Add a little of the friend to fondle and begin it all broth and simmer until veggies are hot liquid to the egg yolk, return with one of the heartwarming crisp-tender. Combine rest of to the rest of the soup and stir in soups below or one of your own ingredients and add to kettle. cheese. Cook 10 minutes. Serve with sour creations! Good loving!! cream or yogurt. Mrs.Tredo's Turkey Soup Pumpkin Mushroom Soup Cauliflower Soup A: 5 qt. water Vi Ib. sliced mushrooms Turkey carcass 1 head cauliflower, broken into Vi c. chopped onion pieces and steamed until tender 1 c. chopped celery 2 T. butter 3 T. butter 2 T. flour Vi c. chopped celery leaves 1 c. chopped onion 7 chicken or vegetable bouillon cubes 1 T. salt Dollars And Sense Don't Mix J.P. Stevens Rings Up Bell Departed US Attorney General Griffin Bell finds himself with a new client now that he is back in private practice. According to Labor Notes, J.P. Stevens the notorious anti-union textile has hired Bell's law company firm of King and Spalding to defend it against a union law suit alleging illegal surveillance and conspiracy to violate civil rights. — — Would You Buy A New Car Smell From This Can? It used to be you bought spray in a can to get rid of odors. Now retailers are buying cans full of them odor of chocolate chip cookie, even non-greasy French fries all to lure the hungry consumer into the store for the what old retailer-only-knows pie or fries. International Flavors & Fragrances sells the bombs for $25 to $30 per timed-release device, which periodically showers the scent into the environment. The cream of the crop though is "Velvet Touch" a "new car" scent put out by a company in _, Massachusetts. It's guaranteed to rejuvenate any old jalopy with that special polyvinyl chloride biphenyl (PCB), known to be extremely hazardous to your health. — — — ' - Opinion 6 '4 But the long-term fallout from Who Needs It? If you want to know how Th ree Mile Island will much oil is coming into the undoubtedly include a switch to coal-burning plants to supplement country, from now on you'll have to rely on the oil companies. The nuclear power. And guess who US Customs Service, the only builds SO per cent of all coal-fired government agency which power plants? Babcock and physically measures imports, is Wilcox. Even last year, coal plants giving up the program as an accounted for more of B&W's economy measure. sales than nuclear work did. Now, In a spot check of import the sky's the limit as company figures by The Los Angeles Times, profits (if not individual plants) the Customs totals conflicted are likely to explode. sharply with those given out by the oil companies. A tanker which Contract Bans Sexual Harassment Chevron reported discharging A four year long uphill battle 601,840 barrels into the was finally won in mid-September company's El Segundo refinery, when 850 clerical workers at for example, actually unloaded Boston University signed their 646,143 barrels according to first contract. One of the most unique aspects of the District 65 Customs. Such a 7 per cent discrepency local's agreement is a clause on could mean the difference sexual harassment that union between plenty of crude oil or a activists believe is the toughest in real oil crisis. From now on, no the nation. one will know. Signs must be prominently displayed throughout BU Heads We Win, Tails We Win workplaces stating that any After Three Mile Island wiped unwanted sexual attention is out, press reports emphasized the forbidden. Should a clerical tremendous financial setback it worker take out a grievance meant for the companies involved. against her boss, the complaint is Babcock & Wilcox, the maker of immediately expedited to the the defective nuke, was hit not final step of the grievance process. only with lawsuits but also with a And regardless of the outcome, government order suspending the clerical worker can request work on all 17 B&W reactors and must be given a transfer to currently on order or under another department at the same construction. type of job and rate of pay. November 8, 1979 — - tsp. pepper I 1 Bay leaf B: Vi c. chopped parsley 1 c. peas, fresh or frozen 1 c. sliced carrots 1 c. cut green beans 4 c. (8 oz.) fine egg noodles % c. butter % c. flour • ' 2 Ib. carrots, chopped 4 c. stock IH tsp. salt 1 potato, chopped (optional) B: 1 c. chopped onion 1-2 cloves garlic, crushed 1/3 c. chopped cashews or almonds Bring A to boil and simmer 15 minutes. Let cool. Saute B in 3T. butter and salt. Puree A and B until smooth. Whisk in 1 c. milk or 1 c. yogurt/buttermilk and 1 T. honey, or Vi pint heavy cream, or 3 A c. sour cream. Heat very slowly. Season with: nutmeg, mint and cinnamon, or thyme, marjoram and basil, or fresh grated ginger sauteed in butter and a little sherry. Garnish with toasted nuts or grated apple. Russian Cabbage Borscht 3 T. butter Vh c. thinly sliced potato Vfi c. thinly chopped onion 1 c. thinly sliced beets 1 large sliced carrot 1 stalk chopped celery 3 c. chopped cabbage 1 tsp. caraway seeds 1 T. raisins 4 c. stock 2 tsp. salt pepper Vα tsp. dill weed J T. & 1 Tsp. cider vinegar 1 T. & 1 tsp. honey 1 c. tomato puree Cook potatoes, beets in water until tender. In another large pot, saute onions in butter; add caraway seeds and salt. Add celery, carrots and cabbage. Add water from potato and beets and cook, covered, until all are tender. Add potatoes and beets and everything else. Simmer, covered for 30 minutes. (I add more honey and vinegar to taste.) Combine A in large kettle and simmer for 1 hour. Remove carcass and let cool. Add B to kettle, bring to boil, and simmer 10 minutes. Remove meat from cooled carcass and add to kettle. Nina's Zuppa di Lenticchi Heat to boiling and add noodles. Cook uncovered 10 minutes. Melt 2-3 c. dried lentils butter. Stir in flour and cook over 1 onion low heat until browned. Stir into 1 clove garlic boiling soup. Return to boiling 2 stalks celery and simmer for 5 minutes. 4 T. olive oj,l A great after-Thanksgiving 1 T. chopped parsley treat! 1 c. or so tomatoes, chopped salt & pepper Cook lentils in large pot with Spinach Soup about 2 quarts boiling salted water for 1 hour. Chop onion, 2 gt. water garlic and celery and saute with 1 Ib. fresh spinach oil and parsley, until browned. 2 mcd. potatoes Add tomatoes and cook 10 % c. sliced green onions salt and pepper minutes longer. Pour the mixture Vi c. sour cream ii|i pot with lentils. Simmer, covered 15 minutes or until lentils 2.T. fresh lemon juice Heat water in large pot. Wash are soft. Garnish with Romano spinach and cut off stems. Peel cheese. and dice potatoes. Add spinach, No Restaurant of the potatoes, and half the onions to SORRY the water and season to taste. Bi-Week! - �Pep Talk Stankey D Wins; Martin Fired; Mays Suspended Ducks, by a score of 3-2. The The modest Flatow then Steinbrenner, and Martin was into the situation, Martin may not Ducks, obviously playing far proceeded to list his roster, and fired as the manager of the have a future in baseball. above their ability, were led by the surprisingly strong pitching of Herb "this s~- is hard to hit" Roisman. With the exception of. a few tasteless, misinformed comments directed toward our own fine pitcher by Nancy Kaple, both teams agreed the game was a classic. The Ducks won again in the semi-finals, but lost the by JoePeperone championship game to an arrogant bunch of freshpersons known as Being in a feisty mood, I've Stankey D. decided to ignore the standards As I was too busy drowning and ethics of unbiased, my sorrows after our loss, I asked responsible journalism and let rrp. Jay Flatow, the Stankey D Hurt by a freak pre-game manager, for a round-up of the injury to star shortstop and coach season and the championship Chris Trapp, and devastated by a game. Despite the known fact that decision by umpire Tom "you're his team's victory was solely due Boog Powell" Gick, team 1, my to luck, Flatow stated that his team, was eliminatedfrom the law team "cruised to a 7-2 victory" school Softball playoffs last week. through their "swift-fielding, At the risk of great heads-up smart ballplaying, embarrassment, I must admit we agressive hitting and base-running were beaten by (of alt teams) the and great defense." Legal Eagle mention the contribution each player made in the team's victory, using such terms as "rifle for an arm" and "lightning fast speed". Obviously at a loss to come up with anything good playing-wise to say about Stu Ball, Flatow described him as the "best-looking second baseman in the league." Ball, while not commenting publicly, did want me to tell Flatow -to stop calling, since he already had plans for this weekend. The season was a great success, and many kudos should go to all responsible. Now if the SBA can only allocate a few bucks. By now almost everyone has heard about Billy Martin's latest run-in. It seems Martin sucker-punched a marshmallow salesman at a bar in Bloomington, Minn. His promises that he would never again punch a marshmallow salesman went unheeded by Yankee owner George . , Yankees. Martin is a pathetic little child who can't control himself, and until he can, doesn't deserve to manage in organized baseball. Martin's been given plenty of chances to prove his maturity, and has blown them all. In firing Martin, Steinbrenner did the only thing he could do under the circumstances. He couldn't go on bailing Martin out of trouble while his team suffered embarassment by association. The tragic part of this whole mess is Steinbrenner truly likes Martin, and would do anything for him. Martin has told reporters he doesn't need Steinbrenner's "so called help" anymore and wished the Yankee owner would "not be allowed to interfere with my future in baseball." Martin should be glad someone wants to help him with his future in baseball, because after the Commissioner finishes his inquiry Restitution By Deed May Indeed Beg Abuse by Alan Beckoff When one hears of innovations in pur judicial system, it's usually regarding cameras in the courtroom or advertising by lawyers. There has been some talk lately, both on the itate and federal level, about uniform sentencing. In other areas, judicial creativity Is''being overlooked. I would like to call'attentionto two examples. Five years ago, Phillipe Petit, the French aerialist, broke into the World Trade Center in order to string a tightrope between the two towers. The next day, he astounded the world with his daredevil highwire feat (much as George Willig would three years later by climbing the south tower). Petit was sentenced to perform in Central Park before an audience of needy children. This type of sentencing restitution by deeds rather than time is not altogether uncommon. Vandals, for instance, are often required to perform community services. But a judge in Cortland, N.Y. has added a new dimension to this theory. A young Cortland man had a little too much to drink in a local tavern one night, and became disorderly. Two policemen arrived on the scene, only to be subjected to a blistering, obscene verbal attack by the inebriated patron. Brought up on charges of what may be called verbal assault, he was offered a choice: a $50 fine or having his mouth washed out with soap. He chose the latter, and the two arresting officers gladly obliged in the police station's washroom. At least as funny in theory, but far more harmful in practice, is the "John Hour," a new radio show devised by New York City Mayor Edward Koch. In' a rri'ove 1 to single-handedly eliminate the world's oldest profession from' Fun City, Koch declared last month the names of those convicted of accepting a - - ■ prostitute's favors would be announced over WNYC-AM, the city-owned radio station. One thing wrong with this idea is, even for the mayor's purposes, it is not broad enough. It applies only to Manhattan because only the Manhattan district attorney has agreed to provide the names without a reporter having to look them up in the public records. Also, this scheme apparently covers only male customers and female p ros'tVfu'tes;' Midn igh t Cowboys and gay prostitutes were lost in the shuffle of the mayor's characteristically impulsive action. Another and more serious fault with Koch's idea is thai it is needlessly humiliating to men who may very well have a deep-rooted psychological problem which leads them to patronize ladies of the evening. If it's just a simpler case of a man cheating on his wife, it is for the couple to work out without interference from the .authorities. While it is true that the results of judicial convictions which arc on the public record, there is no need to publicize convictions which arc not newsworthy. The people of New York City would be better served if the names of landlords fined for violating the housing code, or, of restaurants cited by the Health Department were broadcast. Koch's desire to return to the days of the pillory is as commendable as Ayatollch Khomeini's revival ol hand-slicing. Steinbrenner has tolerated Martin's antics and probably will put in the only good words for him during the inquiry. Martin should stop his Lone Ranger act and start appreciating the few friends he has. This brings us to the latest post-season baseball news the Willy Mays affair. Because Willy has signed a contract to visit hospitals, foster homes and community centers in depressed areas of Atlantic City as a representative of a company owning a gambling casino, Baseball Commissioner Bowie Kuhn has banned him from baseball, for (get this) actions detrimental to the game. Czar Kuhn has decided that Mays signed a pact with the devil and shouldn't be allowed to wear the uniform of a major league team until his soul has been cleansed. Kuhn, ignoring the fact that other baseball owners have active interests in gambling facilities, arbitrarily decided on Mays' suspension before Mays received the job. I just wish he would, tell us why and where he gol the authority to act as he did.' I fail to see the point to the suspension. If Kuhn had evidence that pre-pubescents were painting little mustaches and taking their money out of the bank to play black-jack in Atlantic City, then I could sec that Mays was having a bad influence on the game. But it jusl doesn't seem fair to punish a 48 year old man who loves baseball, from being able to participate because a company involved with gambling gave him a - job, „ Record Rack . Zeppelin Light, Eagles Heavy, Mac Still Has The Knack — three year delay. There is no lack of music here; it is a double album with twenty songs. The quality is very high. But something interesting is going on. i Stevie Nicks is building offher Within the last few weeks the basic formula and coming up. with have been record campanies songs that are not copies of her assaulting us with a slew of new albums, many of them by artists older tunes, but retain her with superstar status. These three distinctive sound. Christine McVie has retreated have appeared after extremely from the sound she used on the long delays. In the case of Led Zeppelin, last few albums to a more moody, and the delay is excused by certain introspective, similar to her sound, restrained have that personal difficulties work on Bare Trees. beset the band. Lindsey Buckingham is The other two bands, however, seem to have been aware of the responsible for a much greater obstacles they were running up percentage of the writing and lead against; their last albums were by vocals than before. He wrote about half of the songs on the far their most successful. Fleetwood Mac's Rumours has album. Lindsey's songs tend to be unique and atypically been hailed as one of the best more arty, rock albums ever made. This is Fleetwood Mac. Not that this is quite understandable. It was bad, but most of Lindsey's songs chock full of songs that could tend to take lopger to grow on have been hit singles and the four you than do the other songs. This was also the case with singles released off of the album where "Never Going Rumours singles the chart. top ten on went But more importantly, the Back Again" was the song that album worked as a whole; the took the most listening. The best songs on the album songs belonged with each other. The album displayed the band's are Stevie's "Sara" and''Storms," pop Christine's "Brown Eyes" and incredible knack for genuine sensibility While appealing to .very Lindsey's "That's All For Everyone." diverse audiences. Warning: don't be scared off Tusk is now with us, after a Tusk Fleetwood Mac The Long Run The Eagles In Through The Out Door Led Zeppelin - - ' ' . by the title song Tusk; it's probably the most unrepresentative song on the album and eventually it will grow on you. The Eagles new album follows the direction of Hotel California. Gone, for the most part, is the mellow country rock sound primarily heard in the early years, particularly on the Desperado album. In its place is streamlined straight ahead rock. The addition of ex-Poco member Tim Schmidt has nowhere near the impact on the group that the addition of Joe Walsh had. Joe Walsh's influence is all over the album but Schmidt's influence is only strongly felt on the one song which he co-wrote and in which he sings the lead. This song, "I Can't Tell Ybu Why" is one of the albums two ballads and it is one'of thc best songs. The other highlights' include Joe Walsh's "In The City," previously available on the soundtrack of "The Warriors," the hit single "Heartache Tonight," and "The Sad Cafe." Strangely appealing is the cut "The Disco Strangler." 'While this album is lacking in any dreadful cuts it is also lacking in any songs that can hold a , candle to the Eagle's best releases. Led Zeppelin is coming off one of its least successful albums (we will overlook the intermediate live album) in Presence. What Presence was lacking is exactly what In Through The Out Door is filled with, genuine songs. Zeppelin was one of the few, if not only, bands of its genre to be consistently appealing to an IM audience while also having a healthy sampling of AM hits. This album brings them back to that point. There is great variety in style without any of the songs not sounding like Zeppelin. Furthermore, most of the album is missing the heaviness that was beginning to ground them. Every song on this album is successful in its own way, from the rockabilly of "Hot Dog," to the ballad style of "All My Love," to the sheer elegance and unexpected twistings of "Fool In The Rain." Even "Carouselambra," the longest song on the album, manages to stay a song and avoid' becoming the meandering piece of which Presence had far too many. Possibly their most successful album in terms of variety and vitality, this album should win the group several new fans without losing any of the old ones. November 8, 1979 Opinion 7 �Ophuls Links Memory And Morality cont'd. from page 1 Taylor, chief U.S. prosecutor at the Nuremburg trials, and Michael Frisch, professor of history at ÜB. The discussion, moderated by Dean Thomas Headrick, centered broadly on memory and justice. Speaking first, Frisch looked at the interrelationships between history, memory, and themedium of film. History is a collective objective "remembrance" of the past, Frisch said. Memory, by contrast, is a subjective, individual thing, he said. Memories come together to build history and act as a filter to help us understand and deal with the past. Films like "The Memory of Justice" are necessary to combat the phenomenon of "disjunction" (selective remembering) and force us to wrestle with the ambiguities that exist in our relationship with the past, according to Frisch. Taylor spoke about the varying perceptions of justice and their interplay with memory. Nuremburg, as an idea, he said, Moot Court Desmond Finals Draw Near by Tim Cashmore The largest field of competitors ever to participate in the Charles S. Desmond Moot Court competition will meet one another in oral arguments next week as the competition builds to its climax. Preliminary rounds will be held at 7 and 9 p.m. Tuesday, November 13 through Thursday, November 15. Semi-final rounds are November 16 at 7 and 9 p.m. The finals will be held at 2 p.m. on Saturday, November 17. The public is invited to attend all rounds. Thirty-eight teams submitted briefs, four more than last year's record field. The briefs have been graded by the Moot Court Board's Desmond Committee and will count for half of the total score. Scores given by the judges in the preliminary oral rounds will count for the other half. This year's problem involves two issues, a self-defense claim by a battered wife who killed her husband and the constitutionality of a state statute based on the Federal Speedy Trial Act. Nearly 150 local attorneys, judges and faculty members will act as judges for the oral arguments. The panel hearing the final round will be composed of former Chief Judge Desmond of the New York Court of Appeals, for whom the competition is named, Judge Matthew J. Jasen of the Court of Appeals, and Justices Michael F. Dillon and Richard D. Simons of the Fourth Department Appellate Division. Competitors and judges will attend an awards banquet at th" Great Gatsby following the fin. round. The Law Alumni Association is again sponsoring the banquet as its contribution to the moot court program. Associate members will be selected to the Moot Court board on the basis of their performance in the competition. They will help prepare briefs and drill teams for oral argument for the several intcrscholastic competitions the board enters in the spring. They will also help in the administration of the Albert R. Mugcl Tax Moot Court competition, the regional competition hosted by the UB Moot Court Board. includes not only what was said and done there, but also what has been said about it subsequently. are having a dinner. Time may act as a lens which either sharpens or fades the Sign-up and info in second floor mailroom. underlying image, he said. Of more relevance to law students, he pointed out the tension between the value of precedent ("the enshrining of memory in law") and the need for cont'd. from page 7 change. He noted tension is be placed in a contingency fund. deliberation should guide us," sometimes eased by reinterpreting The board has yet to act upon this Leavy urged. the past and cautioned that this recommendation. Perhaps Bissell summed it up reinterpretation can be Donovan and other board when she said, "We're solvent." tantamount to distortion. members are concerned about Following Taylor, Ophuls what will happen next year when immediately endeared himself to the SBA draws up a budget the audience by remarking that without the benefit of a $20,000 "people who inflict long films on surplus. The past few years has an audience ought to at least have seen a rise in the number of the decency to keep their student organizations coupled comments short." His comments with increased activity. A exhorted us to recognize our question remains as to what will obligation to pass judgment on happen next year if this trend the events depicted in his films. continues as is expected. Leavy Being non-judgmental "negates contends board members realize morality, memory, and justice," that important decisions will have Ophuls said. to be made next year about budget allocations. "Caution and Tony Leavy Married People et. al. SBA Surplus Explained , Marathon Review Remembrances OfRaces Past by As Jon Dußert 1979 draws to a close, many runners may look back with satisfaction on a summer of achievement on the road. A few races remain: the Marine Corps Marathon in Washington, D.C. on November 4, the Philadelphia Marathon on November 25, and in Buffalo, the five-mile "Turkey Day Run" on Thanksgiving morning. This last event extends from the Delaware Avenue YMCA down beautiful Delaware Avenue the New York State and Niagara to Niagara Square, then down Court Street around City Hall to County Bar Associations and inthe House of Delegates of the the Waterfront School Building. Opportunities for friendly American Bar Association. The Class of 1929, celebrating competition continue. However, as grey skies gather, the fiftieth anniversary of their graduation from law school, will many Western New Yotkers are be the guests of honor at the content to cut back their running especially if they are luncheon. The morning program will cross-country skiers as well begin at 9:15 with an official until it comes time once more to welcome by Thomas E. Headrick, train for the spring races. dean of the law school, and Meanwhile, this is a good time to Anthony ). Rcnaldo, president of reflect on the past year's running. This year I competed in three the Law Alumni Association. At 9:30 a.m. Honorable William J. marathons. Having already Donahue, executive director of described the Skylon Marathon, the Erie* County Industrial I'd like to portray and compare Development Agency, will speak the marathons held in Rochester on the history and organization of and Cleveland as well. The first marathon I entered development agencies in Buffalo and Erie County. His talk will be with intent to finish was in Cleveland, and the race was followed by panel discussions. Two panel discussions will run splendid throughout. The starting concurrently beginning at 10 a.m. line was on Euclid Avenue, for one Jiour and two others will immediately in front of the run concurrently from 11 a.m. Cleveland State University (CSU) campus. This location permitted until noon. At noon all of those attending runners to ready themselves for the program will join in one room the event in comfort. CSU's for a panel discussion on the bounteous facitities contrasted future of development in Buffalo. with the Skylon's jam-packed After that panel discussion has accommodations. Cleveland's course compared been completed, cocktails will be served followed by lunch and the well with the Skylon's. The Skylon neatly avoided the hub of luncheon program. The coordinator of this Buffalo, but Cleveland runners program for the law school Is trotted down the center line of Associate Dean Alan S. Carrel. He, Euclid Avenue through the heart along with Rcnaldo and Peter of Public Square. Then came the real important Jason have assisted Foschio with difference. The Skylon runner many of the arrangements. Alumni Convocation Set Leslie G. Foschio, chairman of the UB law school's Fourth Annual Convocation, announced the program for this year's event to be Urban Redevelopment. It will be held on Saturday, November 10 at the law school, and will be the most comprehensive program to date on Buffalo's current project. Prominent local leaders from both the public and private sector will be joining national experts in the field of urban redevelopment for morning panel discussions, to be followed by a luncheon at which Samuel S. Beard will be the guest speaker. Beard, former staff associate to the late Senator Robert Kennedy, is the founder and president of the National Development Council, a private corporation, which has worked on various public service projects since 1971. The Council's achievements in advising small and medium size businesses in 41 cities across the country on financing resulted in its being selected in March of 1978 to coordinate President Carter's Neighborhood Business Revitalization Program. At the luncheon the Edwin F. Jaeckle Distinguished Alumnus Award will be presented to Clarence R. Runals, a Niagara Falls attorney, who graduated from the law school in 1915. Runals, a Fellow in the American College of Trial Lawyers, has previously served as president of Opinion 8 November 8,1979 - entered a scenic but uninhabited stretch of twenty miles after hundred more yards than the official distance. The fellow crossing the Peace Bridge. None finished third rather than first. will dispute the beauty of the For this, the race director was Niagara Valley. Yet, with due fired. Never mind that he had respect, the presence of a glass of done a magnificent job otherwise; water to a runner at a time of bring out the pink slip. need is frequently of far greater In addition, the current mayor help than the loveliest vista. of Cleveland appears to believe his Nowhere on the Skylon course city's marathon cost more than it did I see a homeowner out with a was worth. Tuesday's election table and a dollar's worth of may make the gentleman's beliefs water-fiHed paper cups. The only academic. drinks on the Skylon course were I was born and raised in the those provided at the official aid Flower City, so I had great stations. Contrast this with expectations for the Rochester Cleveland. Marathon. The adequate Soon after entering the West accommodations at the Side we passed through an official Downtown * YMCA made race station. Then a curious thing preparations pleasant. The start of happened. Suddenly here were all the race, down East Avenue from these people on the curb, little the Liberty Pole, was most children with cups of water, their impressive. But the presence of parents behind them filling more numerous hills soon cast a pall, which was not lifted as ruhners cups. People were not saving the noticed a paucity both of aid water, or oranges, or whatever, for stations and of the popular their own families' runners, or for generosity so evident in Cleveland. Also, the course wound their own friends. They were giving freely to people whom they through countryside even less had never met and might never see settled than that of the Skylon. again. Their great-heartedness This" made the absence of aid deeply impressed me. stations, formal or informal, even There is little more to say more striking. Fortunately, the about the Revco-Cleveland race marshals' diligence prevented Marathon. The course was serious difficulty. Still, I'd predominantly flat; the aid expected to come away with a far stations were well run; CSU's better impression of the race than excellent facilities were I did. appreciated even more after the In closing, I recommend the race than they had been at the Revco-Cleveland Marathon start. The post-race dinner was wholeheartedly, assuming it will most pleasant, with remarkably not be altered significantly. I'm a speedy service. The event was bit less enthusiastic about the perfectly run for the first-time Skylon Marathon. As for the I'm competitor. I strongly recommend Rochester ' Marathon, it for those who wish to begin surprised that Genesee Beer, the their marathon careers next year. prime sponsor, did not make its However, two additional points presence felt more strongly. More should be mentioned. assistance from Genesee could The race director ran the race have improved the race very well, but made one fatal substantially. error: he didn't take care of the I believe in every one of these "stars." In the shorter companion races, good work was done by race which started after the both organizers and volunteers. marathon, a highly-publicized Furthermore, the Buffalo Sabres' runner was misdirected by a current slogan is apt: The Best Is policeman, and had to run a few YetTo Come. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-11-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/8/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/aa22a92ea979f40edc31e50868ec36b0.pdf 2a1a4614b53bb453014e483d988f3712 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 20, Number 4 Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 October 25, 1979 State University of New York at Buffalo School of Law Freshmen To Get S/U /U Option In Research & Writing * by Alan Beckoff grade in a course with written assignments, he said. First-year students must decide "For some, a carrot is needed by October 26 which grading for motivation," he said. On the system they prefer for their other hand, there are so many research and writing course. The sections that the chance of Academic Policy and Program discrepancies in the meaning of Committee (APPC) has proposed H's and Q's is fairly high, he that freshmen may choose between HQDF or a modified form of S/U. In a memo circulated Tuesday, October 16, the following choice was offered to each student: instead of an H or Q, the student Paul Israelson, executive director of Buffalo Consumer Mediation Service at UB flanked by second take an S (satisfactory). U may year students Gary Cohen (r) and Joe Peperone. (unsatisfactory) would replace an F, and no credit would be given. In place of a D would be a U*. The Court of Appeals, which by R.W. Peters aids in the development of experience in this field, can point determines the standards for legal lawyering skills. Investigatory and out other means of redress within education in New York State, requires this symbol, to indicate Buffalo State College has long research skills are improved. The the consumer mediation forum. With the preliminary research the student earned course credit had a consumer mediation student's knowledge and organization operating out of its appreciation of consumer law is done, the other party in the even though the grade earned was campus on Elmwood Avenue. increased and put to practical use. controversy is contacted. He is unsatisfactory. Buffalo Consumer Mediation The student, by his involvem.ent given the opportunity of airing his Last month's Student Bar Service (BCMS), has been helping in this program, improves the law side of the story. Upon hearing Association referendum on the consumers and merchants with school's relations with the Buffalo him out, the consumer moderator grading format resulted in a legitimate grievances for the past community. Merchants, attempts settlement. If a meeting schoolwide vote of 47 per cent in five or six years. This semester UB consumers, and students profit of the minds can be effected, the favor of S/U and 44 per cent investigator has accomplished his preferring HQDF. Among law school will receive from this program. The BCMS handles all manner task, and can start a new first-year students, the split was approximately 10 percent of the assignment. Almost all of the 52 per cent for S/U and 45 per BCMS caseload. of consumer complaints The law school chapter of this warranty and credit problems, mediation is accomplished by cent for HQDF. Dean Thomas Headrick, organization owes its existence to wage garnishment, and telephone. The settled case is the efforts of second year student landlord-tenantconflicts. followed up, to ensure the parties chairman of the APPC, said since Paul Israelson. Israelson is a The cases are randomly comply with the mediated students were so divided, "We graduate of the University of selected by the parent settlement. figured, 'Well, why don't we let The BCMS at the law school them decide how they want to be Pennsylvania where he worked on organization, and forwarded for a similar program. The assignment to the various case plans to increase its staff by five graded?'" next semester, with a Headrick outlined the two organizational framework of the mediators. law school BCMS is substantially Before contacting the corresponding increase in its sides of the grading issue. An patterned after the University of consumer, the case mediator caseload. Israelson, as executive HQDF format indicates research discusses his case with his advisor, director of BCMS at ÜB, hopes and writing is as important a Pennsylvania model. The program is concerned with at which time he is given pointers the organization will continue to course as anything else taken in mediation, not advocacy. The law on how to approach the problem. grow, and will continue to provide the first year, the dean said. students involved in the program Contact is made with the this, badly needed service to Someone who doesn't do well on exams can benefit from a good are referred to as investigators, or consumer, who relates the Buffalo area residents. investigator. case complaint to the case mediators. The ten mediators are pointedly advised Files are kept on all cases, and the not to take sides. Their function case mediators are told to in disputes is solely that of neutral properly document each conflict. concerned that faculty lines by Bob Siegel The investigator must be arbiters. Conflicts are negotiated would be cut by the Division of with the goal of leaving all parties careful to explain that he is not a Budget (DOB). Headrick, who very a Curriculum reform is "objective but an lawyer, satisfied with the outcome. school's Case mediators can earn one mediator." The consumer current topic at the law school. wants to stabilize the 750 and the faculty around Dean enrollment at pertinent all This issue centers work credit for two semesters mediator requests feels that a with the BCMS. To earn credit, documents be forwarded to BCMS Thomas Headrick's "Suggestions at between 40 and 45, for Curriculum Change", a more structured program of study students are required to work at the law school. After hearing the consumer's proposal distributed to members would help convince the DOB and three hours a week in the BCMS Bar of the school's worth. office, read a chapter in a story, the consumer mediator of the faculty last semester. The dean wants to make the The impetus toward consumer law book, and write a does some preliminary research in year curriculum more of a change seems to be the first the statutes curriculum consumer order to pin-point paper on some aspect of faced "real introduction that is broadly problems under-enrollment law. The paper is graded by the applicable to the immediate university of the curriculum" representative UB as a whole. The by situations, certain controversy. In BCMS faculty advisor, John the consumer will be statutorily has failed to meet its "enrollment that exists here. He feels the Spanogle. "justify" the reasons Israelson is very positive about time-barred from any further target" for the last three years. school must of faculty and enrollment of the for stabilization The increased the organization. He perceives a action. seems to stem enrollment. a freshman law class research is screened accruing by to All number of benefits Some of the ideas the dean has the participating law student. The local attorney retained by the directly from this deficit. proposed for the first year include an enrollment Without advisory an role. in organization with mediators are provided combining contracts and tort actual clinical experience which The attorney, by dint of his increase, the law school was UB Mediators Aid Consumers added. When the grading change is implemented, instructors will grade on an HQDF scale. For students who opt for S/U*/U, the registrar's office will make the change. Instructors will not know which way a student opted. Since the course is now one year long, students will not receive a grade until the end of the spring semester. The grade will then be applied retroactively, counting for one credit in the fall semester and two in the spring. Once a student chooses an option this week, the decision isfinal. First year student Diane Appel said the option "was really no option at all. The notion of pass/fail doesn't work because a student with a D cannot substitute a P or an S for it. He loses that benefit by having to choose between a D or a U*, which certainly looks worse than a D on a transcript. H and Q lumped together and all the student really has to choose from is one passing grade and two failing ones." Marcia Chester said she believed an HQDF system was "psychologically better. With a P/F you really don't know where you stand." She agreed that, with the U* grade, there was no real option. "Research and Writing is such an important course, I know I cont'd. on page 8 Curriculum Reform Debated classes into "a common/statutory law course on private rights and duties" and adding a course dealing with "lawyering, judging, and legal institutions" in order to give students some view of the "reality" of the legal profession. For second and third year students, Headrick would like to see the continuation of "skills courses" (i.e. legal research and writing) as opposed to only substantive law courses and a reduction in upper-class section size. Headrick would also like to see a "concentration" requirement added. The dean said a student should experience "advanced knowledge" in at least cont'd. onpage 8 �Onininn vol. 20, No. 4 Oct 25,1979 Editor-in-Chief Randi Chavis Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Alan Beckoff, Paul Bumbalo, Tim Cashmore, Jon Dußert, Marc Ganz, Carol Gardner, Joe Peperone, R.W. Peters, Mike Rosenthal, Karen Spencer. Contributors: David Karel, Russell Leisner, F. Meadows, Catherine Meyer, Daniel Meyer, Ed Sinker. © Copyright 1979, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks during the academic year. It is the student newspaper of theState University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. up Letters To The Editor Professor Frowns seems to me, would accept such a substitution. I have heard it said that caps As in the past, I shall be happy to attend the 1980 graduation. As and gowns obviate the need for in the past, however, I object to new, expensive graduation outfits. the increasing formality in these This need, if really perceived, affairs. I will not wear a robe. If seems part of the problem. In any that means that I may not appear wherever the faculty is to be located, I will be present in the audience. Others, I fear, who also oppose the wearing of gowns, will not appear at all. My objection to caps and Opinion apologizes to Lew Steele whose letter was Inadvertently omitted gowns goes not to the expense. It from last week's issue. would be far more meaningful (as I also have previously suggested) if each student and faculty member To the Editor: A word of personal thanks to would contribute a sum in lieu of cap and gowns to a all who voted with me in the worthwhile cause. Parents, it recent SBA Presidential election. To the Editor: — — by Doric Benesh 464645dfdf paper. Exceptional work should be acknowledged by requesting the faculty supervisors to write letters of commendation, with copies placed in students' files, to students deserving such distinction. The failing grade should be reserved for students whose work has not been acceptable for academic credit on the graduate school level. Grading is a recurrent issue which will haunt the law school until students and faculty realize no grading system can solve problems of performance, competition or motivation. These problems must be solved on an individual basis. Grading reform should focus not on reward and achievement but on knowledge and education. Opinion Wishes All A Happy Halloween! October 25, 1979 James Atleson Professor ofLaw A reminder: I remain a Third-year SBA Director until graduation and will continue to listen to and seek out ail who wish to bring individual, group, or community concerns to the SBA's attention. So speak up. Lewis Steele SBA Approves Committee Appointments On October 9, 1979, the Student Bar Association (SBA) approved appointments for 107 positions on faculty/student and SBA committees. A total of sixty-two law students who do not sit on SBA interviewed with SBA's appointments committee during a one week period. At week's end, fifty-three students were placed on committees. The other fifty-four positions are held by SBA members. Faculty/student committees have a total student membership system. of forty-three. As many students In order to minimize competition and reduce first year are aware, the available positions anxieties, grading should be strictly pass/fail. Students would are limited. First, the SBA receive feedback in two ways, through individual meetings with instructors and from extensive comments on each Opinion - President's Corner Grading Option Offers An Illusory Choice 2 event, this argument for gowns has almost always been raised by those not in dire straits threadswise, that is. Steele Thanks Supporters Editorial The optional S/U*/U grading system offered to research and writing students is really no option at all. The option presented by the APPC offers a three tier grading system instead of the present four tier system, combining the upper two grades of the HQDF format into the S grade. The optional system retains none of the benefits of HQDF grading because exceptionally high achievers receive the same grade as students whose work is minimally more than marginally acceptable. Nor does the option confer any of the benefits of strict S/U grading because U* falls in the unexplainable no man's land of creditworthy but unsatisfactory work. Research and writing is an ideal course to institute radical grading reform. Students are graded by 18 research and writing instructors. Great variation in the grading standards of each instructor is inevitable. The APPC has aggravated this problem by retaining a multi-tiered grading on Caps and Gowns Constitution mandates at least one SBA representative on each. Further, students are given equal representation in proportion to faculty committee positions on most committees. On some committees, students have less than equal representation. Of the forty-three positions available to students, twenty-seven are held by persons not on SBA (this figure includes alternate positions). The SBA committees are, for the first time, comprised of members and non-members of the Board. Of sixty-four positions, twenty-six are occupied by the latter group. It is hoped this innovation will result in a more effective and active SBA while exposing persons outside SBA to its organization. Overall, of the fifty-three appointees, twenty-nine are first year, eighteen are second year and six are third year students. The ciass-by-class breakdown of applicants was thirty-three, twenty-two and seven, respectively. On Tuesday, October 30, 1979, at 4 p.m. all students interested in recruitment and admissions in general, and minority recruitment and admission in particular, are requested to meet to discuss the topic and to formulate ideas which will help improve the law school's admissions process. This organizational meeting is being held as a result of last year's Affirmative Action Coalition and an SBA resolution to study the subject. Please attend. Student organizations interested in admissions and recruiting are particularly urged to send a representative. The location will be announced at a later date. Watch for notices. Those of you Who have been in the second floor mail room have probably noticed the SBA bulletin board. This board indicates when the next SBA meeting will be, what the agenda is, and also displays the latest available SBA minutes. Persons interested in getting on the SBA agenda for a particular meeting should speak to Ted Donovan, SBA secretary. In addition to the bulletin board, outside the SBA office on thefirst floor is a "Master Calendar." We will try to keep dates, times and places of various committee meetings and other activities up to date. �BackAmericanLaw Students Aeeoctettoo OF S.U.N.Y. AT BUFFALO SCHOOL OF LAW PRESENTS MINORITY LAW WEEKEND //ifW^ Vglt/ October 26 & 27 FEATURED WEAKER FRIDAY ANDSATURDAY ALEXIS JACKSON ASSISTANTSOLICITOR FOR THE U.S. DEPARTMENT OF INTERIOR BUS SERVICEPROVIDED FROM U.B. MAIN STREETCAMPUS TO THE LAW SCHOOL FOR MORE INFORMATION CALL: (7161883 4069 (7161 636-2163 WRITE: BLACK AMERICAN LAW STUDENT ASSOC. JOHN LORD OWI ANHALL SUNY AT BUFFALO, AMHERST CAMPUS AMHERST. NEW YORK 14290 Attorneys WorkFor Human Rights v by David Karel The Lawyer's Committee for International Human Rights (LCIHR), a New York City based organization, has come to Buffalo. Members of Buffalo's legal community concerned about human rights violations and determined to do something about it have organized the only affiliate of the New York City based group. [ CONFIDENT? 1 I I YOU BET! I The feedback we have had from students who took our course for the first Multistate/New York Bar Exam has been so positive and enthusiastic that we know we are going to have even more sue cessful programs for our 1980 courses. If you can decide to join us before November 1, you can save a substantial amount of money and get a whole bunch of special benefits. If you enroll early you will: . * ■* ...'•■■• Save $110 on the course price. , , — Joe Marino, Mike Josephson and a group of hand-picked lectur ers are ready to give you the best preparation available for the New York Bar Exam — the most intensive and valuable practice on the integrated New York essays and the most insightful and helpful approach to the Multistate objective questions. I The idea of forming LCIHR with the Argentinian sprang from the Lawyer's (Commander-in-Chief of the Army, Committee for Civil Rights, an tthe President of the Supreme organization of the 1960's active (Court of Argentina and other p in the promotion of civil rights in prominent persons. A report from our country's South. The Council tthat mission will be published this for Law Associates, comprised of rmonth in the Record of the young associates in New York /Association of the Bar of New City law firms, together with the >York (Volume 34, No. 7, October International League for Human 11979). Rights, provided the foundation The Buffalo affiliate has for LCIHR, and helped it grow (established an advisory board, into an independent organization which includes Chief Judge within two years of its inception. |Desmond, District Court Judge LCIHR's aim is to have John Curtin, Judge Matthew Jasen attorneys use their skills to deal jand prominent Buffalo attorneys. with human rights problems at The executive committee is home and around the world. comprised of professors Marshall LCIHR does this by a variety of Breger, Virginia Leary, and methods, including the drafting attorneys Wayne Wisbaum, and submission of complaints to Lauren Rachlen and Arthur human rights bodies such as the Gellman. Lawyers are invited to United Nations. Often the focus is work pro bono for the Lawyer's on the domestic implications, Committee without regard to such as how foreign investment in their area of specialization or firm Namibia, with its resulting tax practice. credits, affects our policy on The Lawyer's Committee's dealing with countries with primary goals are to involve human rights violations. An example of how LCIHR attorneys in individual projects, confronts violations is serve an educational function demonstrated by their handling of that is, to provide an awareness of human rights violations in human rights problems, provide a Argentina. The Lawyer's training function (New York has Committee sent a mission to had trianing sessions on how to Argentina to investigate the aid Soviet Jews and political pattern of violations of refugees), and mobilize the entire international standards of human Buffalo community to aid these rights in that country in the concerns, including ratification of post-junta (March 1976) time the Human Rights Convention. period. Specifically, the Lawyer's The Lawyer's Committee is of Committee requested the particular value to young lawyers Association of the Bar of the City in that it provides a means to of New York to send a mission of become involved with issues that lawyers to Argentina to are of concern to them. Students investigate the situation of are invited to participate. It is lawyers and judges who have been hoped a clinic program could be detained or who have disappeared. instituted at the law school where Funds were raised by the students and attorneys could Lawyer's Committee with the interact and accomplish cooperation of the Association of something towards the eradication the Bar, and a mission was sent ofhuman rights violations. headed by Marvin E. Frankel, Success here in Buffalo could former District Court Judge, and provide the initiative for new Orville Schell. The mission met affiliates and progress in this area. I Save an additional $80 by getting our exclusive V- Programmed Learning System supplement at no charge. Save an additional $40 by getting our exclusive Blood Drive m Multistate Clinic at no charge. Successful by Jeremy Nowak jM Save an additional $90 by being able to attend our early-bird New York Practice course by Arthur R. Miller at no charge. Mf Obtain a set of New York and Multistate out lines for use in school or for an early start (millimum $150 deposit required). ■Course Price until <H/1: $0251 I .»niflHßmn Marino-josephson BRC I 71 BROADWAY, 17th FLOOR, NEW YORK, NY 10006,212/344-6180 Manno-Josephson/BRC Representatives at your school: SUNY/BUFFALO Ann Bermmgham Cathy Kaman Leonard Kirsch Carol Maue Jerry McGrier Philip Mclntyre Patrick Curran Mark Grossman James Ryan Dwight Wells H The law school was given an opportunity to make a contribution to the community when the Red Cross Bloodmobile came to O'Brian Hall October 16. In a laudable display of involvement, students, faculty and staff turned out in great numbers, making the Phi Alpha Delta (PAD) fraternity-sponsored blood drive an unqualified success. Twice as much blood was donated as was anticipated. About 70 people, many of them first time donors, took the time to show that law students are concerned. PAD is a recently rejuvenated organization which is seeking to fill a need within the law school community. It is dedicated to social service and maintaining high moral standards in the legal community. While the second goal may be ephemeral, fraternity members seek to attain it by setting an example and by becoming involved. PAD runs the law school's used book sale and has plans for implementing a series of new programs to increase alumni involvement in the school, bring in distinguished speakers and involve the law school in community activities. PAD is looking for people who are willing to get involved and work towards making the law school an active and responsive community. For further information, contact Jeremy Nowak, Box 488 and watch the bulletin boards for announcements. Dignitaries To Speak On Minority Law The Black American Law Students Association (BALSA) will present a Minority Law Weekend on Friday and Saturday, Oct. 26 and 27. Featured speaker on both days will be Ms. Alexis Jackson, Assistant Soliciter for the U.S. Department of Interior. Local attorneys and other community dignitaries will also be speaking. On Friday night the program will be held at the 8.U.1.L.D. Town Hall, 1420 Main Street, beginning at 7:30 pm. On Saturday, the program will be held at the law school beginning at 11 am. The community is invited to attend. For more information, call 636-2163, 883-4059 or 874-3581. October 25,1979 Opinion 3 �Cold Thou Needn't Heed With A Winterized Steed by F. Meadows Owning an automobile through the long winter months in Western New York can be quite a headache. Severe weather conditions cause special problems for the driver who depends on his car to provide reliable transportation. On the first cold morning, it is Lubrication Winter driving requires motor oil that will remain viscous at high speeds but will not get too thick on long winter nights. 10W-40 is a good grade of oil for all weather driving. Oil and oil filter should be changed about every 4,000 miles. During the winter months, because of all the salt on the road, the car should be greased at every oil change. Frequent lubrication prevents excessive wear and prolongs the life of front end quite an empty feeling to find that "the old grey mare, she ain't what she used to be." There is no way to turn her into a filly again, components. While your car is on the lift for take before heading to the glue grease and oil, you should ask the factory. service person to squirt some The following winter driving grease into your universal joints tips should help you get started and to check the fluid in your rear and continue driving safely end. through the winter. v. Gas weather, water has a cold In Tune-up A basic step in avoiding tendency to condense in the gas starting problems is to have your tank and ultimately freeze in the car well tuned before winter sets fuel line. To avoid this problem, in. The purpose of a tune-up is to don't let your fuel gauge drop adjust the electrical and fuel below one half. During long cold systems to factory specifications spells, an occasional can of dry gas so the fuel mixture is ignited mixed into a full tank will help prevent fuel problems. under optimal conditions. On cars without electronic ignition, a tune-up should include Starting Ether Starting ether will help you get points, plugs, condenser, gas filter and air filter. Distributor cap and moving even on the coldest rotor should be replaced if mornings, a squirt into the air charred, rusted or cracked. The cleaner horn or directly into the carburetor, choke and timing carburetor throat will aid must be adjusted. A tune-up combustion by increasing the should also include checking the volatility of the fuel mixture. electrical system to be sure the battery, alternator and regulator Brakes are all functioning properly. The brake fluid reservoir should be filled to the top. If you Battery need to add fluid frequently, have The battery fluid should be your brakes checked by a kept at the proper level. Distilled pronto! competent mechanic water is best but tap water will Otherwise brakes should be also do the job. thoroughly examined as part of The fluid in the filler tube of the annual inspection. each cell should reach the bottom The brakes should be properly ring of the tube. Sometimes the adjusted to assure safe, straight ring is hard to see but the stopping and to minimize skidding important thing to remember is to on si ippery roads. keep the metal plates inside the The emergency brake should battery immersed at all times. kept in proper working order; be Overfilling the battery is not if you can pull the emergency only improper but also dangerous. brake through its entire sweep After adding water to your with minimal braking action, you battery, let the car run for about need to have your cable tightened ten minutes. immediately before an A word on battery terminals emergency. Don't set your keep them clean. Greasy, dirty, emergency brake on nights when corroded battery terminals the slush under the car will freeze. impede the flow of electricity. The ice will prevent the cable Corrosion can be cleaned by from releasing the brake. brushing the terminals with a solution of two tablespoons of baking soda in a cup of water. Tires After the solution neutralizes the Tires should be uniformly corrosion, the battery case should inflated to manufacturer's specifications (28-32 pounds per be flushed with fresh water. Be sure not to get any of the square inch). Studded snow tires baking soda mixture in the filler provide the best traction on ice holes. It will neutralize the acid in and snow, but regular snow tires the battery. are adequate for all around winter but there are some steps you can - "Doctor" Meadows gained his honorary Ph.D in Autopsychokinesiology for his feat, unrivaled in the field, of changing a Ford Pinto into a Rolls-Royce. He is believed to have pseudonymously authored the leading work "Zen and the Art of Motorcycle Maintenance." be deadly if there are exhaust Belts driving. Worn, frayed or cracked belts A pair of strap chains will gases leaking into the passenger should be replaced. All belts come in handy when you are compartment of your car. stuck in a snow bank. You can In order to avoid a very should be tested for the proper strap the chains onto your tires in dangerous situation, have your tension. To do so, use the thumb a jiffy and they will pull your car exhaust system checked and any test. Give the belt a push with your leaks repaired. If you have through very deep snow. headaches or feel nauseous when thumb. If it feels loose or moves you arrive at school, your more than one inch, it needs to be problem might not be tightened. The power steering Sand pump, air conditioner, fan (on Some folks carry 100 pounds psychosomatic. Carbon monoxide is an most cars) and alternator are all of sand in their trunk to provide added traction. In order for the odorless, tasteless and very toxic belt driven. Be sure to care for your belts; extra weight to be of any benefit, by-product of the internal the sand should be set directly combustion engine. Even if your neglected they can cause a wide exhaust system passes muster, it is variety of problems. over the rear axle. Other drivers prefer to carry a a good idea to drive with a couple of coffee cans full of sand window open to provide some Thermostat in the trunk to sprinkle around fresh air. The thermostat regulates the the rear tires on. those occasions temperature at which your engine when a little boost is needed (as Windshield Washer Solvent and operates. It does its job by opposed to the big boost provided Anti-Freeze regulating the amount of coolant by strap chains). Windshield washer fluid helps flowing through the water wash the salt from your window passages in the motor. If your car while it keeps water from freezing takes a long time to warm up, or Skids in your pump. if the hot air coming out of your No matter how careful you «%■ isn't quite hot enough, the heater snow be, on iceand may skidding thermostat is probably the culprit. is inevitable. The best advice is to Radiator too stay calm and steer into the skid. Your radiator should be clean It is opening too soon and not the thereby allowing much, If the rear of the car is sliding inside and out. If the outside is to the right, steer to the right. If full of bugs from the spring and engine to reach proper operating the rear is swinging left, steer left. summer, clean them off with a temperature. In order to correct the problem Ease off the gas pedal but don't squirt from a garden hose. If the need to install a winter you lock the wheels with the brakes. fluid inside the radiator is cloudy It is a good idea to find a and rust colored, you need to thermostat in your cooling deserted area, with no have your cooling system flushed. system. The high temperatue obstructions or pedestrians, to After cleaning, the proper thermostat will not open until practice throwing your car into a mixture of water and anti-freeze your car reaches a higher operating temperature than controlled skid. will prevent engine damage due to by the present permitted water freezing inside your motor. thermostat. Your engine will Exhaust System warm up faster and your heater Unless you are a member of Hoses will warm those frozen toes. the Polar Bear Club, most of your Radiator and heater hoses The key to reliable winter driving will be with your should be soft and supple. Any transportation is preventive heater turned on and your dry, hard, cracked or chafed hoses maintenance; take care of your windows shut tight. However, the should be replaced before they car and your car will take care of lack of proper ventilation could rupture. you. Later... I -r- me Later... I Search For Justice ___„ Opinion 4 October 25,1979 The End �Faculty Profile Hollinger;s Return Welcomed by Edward M. Sinker What travels faster than a speeding locomotive and flys from place to place? Students in gratuitous transfers and family law exclaim, "Look! Up in front of the classroom.. .it's Professor Joan Hollinger," mild-mannered professor who came to Buffalo via routes far beyond those ofmortal colleagues. Hollinger, a 1974 graduate of UB law school, is presently a visiting associate professor here. She received her BA in history (honors) in 1961 at Swarthmore and later an MA at Berkeley. She had received all but her Ph.D. from Berkeley when she left in 1969 with her husband, who joined the history department at ÜB. "Instead of delivering a dissertation," she said, "I delivered a child. Jacob was born in 1970, but Joan Hollinger I never thought of Truth In Testing To Be Tested by Marc Ganz The New York State Educational Department and the New York State Legislature are being forced to make critical decisions about truth-in-testing legislation passed last year. The new law requires disclosure of test questions and answers to test-takers and public disclosure of test validity studies. There are many unresolved issues.The firsfis who will benefit from the law. Is it a law for residents of the state or for applicants to New York State schools? The State Education Department has interpreted the law to include all New York residents and all students applying to New York State schools. This makes the New York law nationwide in scope and raises serious questions with respect to enforcement. The education department has proposed that test corporations, such as the Educational Testing Service (ETS), release the questions themselves, without the assistance of the education department. This position may be fought by the bill's proponents, who contend the questions are public informationand should be available to all students taking the exam after Jan. 1,1980. The State Education Department spokesman, David Bauer, said the bill "did not mandate enforcement by the State Education Department. The department has taken the position that we will not interpret the law and will leave the interpretation up to the courts." Opponents predict the legislation will encounter numerous court challenges. The State Education Department, long opposed to truth-in-testing, raised several other points in the months since the law was passed by the legislature and signed by Governor Hugh Carey. The department contends the Advanced Placement tests, when used for admissions purposes, fall under the provisions of the law. In addition, the department raised the question of validity studies done for individual institutions. Syracuse University uses ETS to study the correlation between student's Scholastic Aptitude Test scores and grades in the freshman year. The department asks whether the law mandates release of a study, having little statistical use beyond Syracuse University. This issue may be resolved during the regulation promulgation period. Another question dealing with the interpretation of the law is whether out of state validity studies fall under its provisions. This is a question the department refused to interpret and probably will be settled in court. There is the related issue of the effective date of release of validity studies. Does the law say all validity studies conducted after Jan. 1, 1980 must be released, or does the law provide for retroactive release of all studies? The New York State Legislature is planning a special session in November. They may amend the law to provide an exemption for all tests with a circulation of under 400 test takers per year. In addition, there may be attempts to provide exemptions for handicapped student tests and specialty tests using a small number of questions. There is little support for repeal of the controversial legislation. On Jan. 1, 1980, truth in testing will take effect. After that date, all test takers within the provisions of the Act will be eligible to see the questions and answers. Before that time, many interpretations of the law must be made. . giving up career possibilities for domestic life." The following fall, in 1971, Hollinger entered UB law school, but spent her second year of law school at Berkeley. "I enjoyed being at another law school," she said, but quickly added, "The faculty at SUNY were of comparable quality to that of Berkeley, but students there were more cosmopolitan, much more sophisticated." It was at this time the Hollingers were blessed with Julia. "I intended to take a leave of absence," Hollinger said with a grin, "but I didn't because Julia kept sleeping!" Asked how she balanced the lives of law professor, mother, and wife, Hollinger said, "Life is very complicated, but my husband is totally committed to decisions regarding my profession. We both have raised the children and share household tasks," quickly adding, "but not in a contractual way!" "Parents should be around when children are very young. I don't believe in full-time day care centers and neither does my husband." "Going to law school made it easier to manage a somewhat structured curriculum while raising a child." Hollinger, a Berkeley student of the colorful 19605, said, "My skepticism about the legal profession soon dissipated and I saw law as an instrument for reform." After Hollinger graduated from UB law school in 1974, she worked for a small Buffalo firm. She taught her first gratuitous transfer course at UB as a part-time instructor. She eventually attained full-time status teaching contracts, research and writing (a program she developed) and supervising the .-■ Special Assistance Program. In 1977, Hollinger's husband received an appointment at Princeton while she maintained a visiting position at Rutgers where she taught contracts, estates and trust law, and a seminar entitled "Law and Old People". The following year her family uprooted again to make, what she captions, a "permanent move.. .at least for the time being" to Ann Arbor, Michigan. Hollinger is a regular faculty member at the University of Detroit. She comes here for two days a week as a visiting professor to teach two courses. "I'm happy to be here. I still look forward to teaching here and - Attorney General Robert Abrams is considering a challenge to the testing corporations on anti-trust grounds. Legal opinion is mixed as to whether there are suitable grounds to sue. The final factor will be whether testing corporations isolate New York State. Many testing companies have threatened, but so far have not implemented, plans to eliminate testing in New York. have no regrets." attitude student body and for the faculty." ''There is positive She has "a towards the much respect so much supportiveness by the UB faculty for other faculty members for developing individual autonomous views of what to teach," she said, "and great support for scholastic endeavors." "I am impressed," she said, "with the basic administrative stability the basic rationality with which courses are planned and resources employed." And what might a typical week be like in the life of Joan Hollinger? She is up at 7 a.m. on Tuesday, has breakfast, and makes the beds. "I won't leave home," she said with a grin, "unless all the beds are made!" Her husband drives her to the Detroit airport which is a half hour away. Her plane leaves at 8:45 a.m. and she arrives in Buffalo at 9:30 a.m. She then takes a taxi to the law school and teaches her two classes. Tuesday evening she has dinner with friends and stays in a room overnight at a friends's house. Wednesday she teaches her two classes, has supper, and then it's up, up, and away. She's home by 9:30 p.m. and sleeps late the next day. She spends Thursday and Friday working on her own research: judicial standards for determining disclosure of adoption records and for determining good or bad faith terminations in_long term contractual relations. Weekends are usually spent with the family and the next two days are devoted to class — preparation. 'She sees family tew doctrinal approaches as not the most productive. She tries to stress "«liys lawyers react td different client relations. And when she gets a "not prepared" response in the classroom, she wonders if she should be more strict. "I don't believe in embarassing students needlessly for lack of preparation," she said, "but students lose out ultimately." Before I could thank her for the interview, she was off again climbing steadily into the distance. A freshman law student turned to me and said, "Who was that woman anyway?" I replied, "Son, she may not be Superwoman, but there goes a super woman!" "Married Students and Others" Plan Dinner by Daniel and Catherine Meyer If your spouse has been complaining about too much spare time and too little of your time.. .if you are wondering how a two career marriage will ever work out.. .feeling alienatedfrom other students by your two dimensional commuter type life style.. .or simply looking for some good food and fun at the right price.. .the Married Students and Others have drummed up the perfect solution. At an organizational meeting on Thursday, October 11, an early November pot luck dinner was planned for students, spouses and others. Though the need for cohesiveness to combat inequities or problems unique to the married student was discussed, the greatest need felt was social. The dinner was suggested to alleviate alienation from the class as a whole and to involve spouses. Students and/or spouses interested in attending or helping organize should contact Terri Zionts at 6884112 or school mail box number 574. At the meeting, parents of young children also suggested the formation of play groups where children and spouses could get together on a regular basis and socialize as family units. Tony Marts, a first year student, and his wife, Tess have volunteered to participate and to help organize the groups (brave souls). For details contact Tony or Tess at 8854780 or school mail box number 182. Technically, the organization of Married Students and Others is non-existant. SBA funds for it are also non-existant. But no one seems deterred by that fact. The organization is in the formative stage and represents various segments of the law school community; older returning students, young newlyweds, non-parents, and parents of infants through teenagers. A marriage certificate is not a prerequisite. They're simply looking for interest and ideas. Sign up for the pot luck on November 9 and see what they're up to. You might be surprised. October 25,1979 Opinion 5 �Culinary Counsel Cousin Barb 's Country Kitchen: Food Au Natural Barb's Basic Muffins 1 c. unbleached flour Vi tsp. salt 4 tsp. baking powder '/2 c. raw brown sugar or honey 1 c. whole wheatflour 1 c. milk 2 beaten eggs 1/3 c. melted butter or oil Vi c. nuts, raisins, chopped by Karen Spencer apples or other dried fruit. Sift flour, salt, baking powder. Add sugar mixed with whole wheat flour. Add combined milk and eggs, then shortening. Mix with as FEW strokes as possible. Add nuts or raisins. Bake in greased muffin pans in 425 degree oven for 15 minutes or until light brown. Given a one day reprieve on the deadline for this issue I found myself more involved in packing my apartment than in cooking. Finally with less than three hours to presstime, -I called my cousin Barb and cried, "Help!" After last issue's sweetness, I knew I wanted Maple Johnny Cake some good healthy recipes and my 1 c. wholewheatflour cousin Barb is the best source I 1 c. cornmeal know. 3 tsp. baking powder Five years ago, when she met Vi tsp. salt her husband, Roger, she was 2 eggs, beaten introduced to the world of health Vie. milk foods and organic living. c. maple syrup Vi Overnight she was thrust from the c. butter, melted Vi ail-American diet and way of life oven to 400. Mix dry Preheat into a world of whole wheat flour, ingredients. Then add eggs, milk, soybeans and natural foods. syrup and butter. Bake in 9 inch Once over the hurdle, she was pan for 25-30 minutes. hooked. She has read hundreds of cookbooks and continues to Cheese Crusted Cauliflower creatively and artistically satisfy her family's nutritional needs. 1 head cauliflower Vi c. mayonnaise A registered nurse by 2 tsp. prepared mustard profession and mother of % c. sharp shredded cheese two-year-old Spencer, she bakes Steam cauliflower whole or bread, makes ice cream (without sugar, of course!), cooks delicious drop into boiling water for 10-15 and varying meals, day in and day minutes, until tender. Place in out. A certified ski instructor at ungreased baking dish and salt. Bluemont in the winter and the Combine mayonnaise and mustard center of her family's daily life, and spread on top. Top with her endless source of energy never cheese. Bake ten minutes at 375 degrees. ceases to amaze me. At family gatherings, I look forward to Barb's contribution at meal time it is always something new, healthy,, and absolutely delectable. inexpensive culinary experience. A dollar's worth of ingredients makes enough of this life Stir together: substance to nourish an sustaining flour 2/2 c. whole wheat pastry entire battalion for a week. 2/2 tsp. baking powder One clove garlic V/i tsp. baking soda One medium onion '/2 c. carob powder teaspoon salt 1 tsp. sea salt dash pepper 1 tsp. cinnamon two chicken bouillon cubes Beat 3 mm.: two cups black beans (also % c. soft butter called frijoles negritos or Turtle 2 tsp. vanilla Beans) 2 c. ground zucchini Large pot of water I'/2C. honey 3 eggs Dash cumin (curry powder will do) 1/3 c. milk Making the soup is fairly easy. Combine both mixtures. Bake in greased 9x12 inch pan at 350 Just throw the ingredients in the degrees for 30 minutes or until pot and cook for two hours. Stir done. occasionally. Authentic black bean soup should be strained, and Gingerbread served without the bean hulls. Some like a sprinkling of grated cheese on their soup, which is 1/3 c. butter % c. molasses how it is served in some of those VS c. honey funky West Side New York Latin 2 tsp. baking soda restaurants. Next week my favorite Vi c. buttermilk 1 egg emetics. Vi tsp. salt Restaurant of the Bi-Week: 2 tsp. dry ginger 2 c. whole wheat pastry flour Faddoul's Falafel Cook butter, molasses and 3368 Bailey Avenue honey until boiling. Remove from (near Minnesota) heat and add baking soda and beat 833-9000 vigorously with a wooden spoon. Add buttermilk and egg. Mix in Fine mid-east foods. Open Friday salt, ginger and flour. Pour into and Saturday night until 5 a.m. buttered muffin tins, filling each Falafel, $1.45; Shishkabob, $1.80; 2/3 full. Bake 350 degrees for 15 Baba Gannouj, $1.45; Kafka, minutes. Wonderfully light and $1.90; Horn is, $1.60; etc. Two delicious with whipped cream or small tables and take out. yogurt fruit salad. Carob Zucchini Cake Vegetarian Chile with Cashews 2-3 c. cooked kidney or pinto beans (1 c. dry) 4 mcd. onions, chopped 2 green peppers, chopped 1 stalk celery, chopped 3 cloves garlic, mashed 1 tsp. basil 1 tsp. oregano Vi tsp. chile powder 1 tsp. cumin 1 qt. canned tomatoes pepper 1 bay leaf Vi 1 c. cashews 1 handful raisins or 1 tbsp. molasses 1 tsp. salt V> c. wine vinegar — Saute onions, peppers, celery and garlic in a little oil. Add spices and saute. Stir in tomatoes, breaking them with a wooden spoon. Add remaining ingredients. Simmer 30 minutes to an hour. Sherry or beer will enhance flavor. Serve with Monterey Jack cheese and cornbread. Sour Cream Marinated Chicken 6 breasts, halved 1 c. sour cream V* c. lemon juice 4 tsp. WorcestershireSauce 4 tsp. celery salt 2 tsp. paprika 4 cloves garlic minced 2 tsp. salt Yz tsp. pepper 1 c. butter I%c. bread crumbs Combine all except crumbs and butter. Add chicken, making sure each piece is well coated. Cover and refrigerate overnight. Roll each in crumbs. Pour half the butter, melted, over chicken and use the rest to baste. Bake 1 hour at 350 degrees or until tender. — Bean Soup/from R.W. Peters Here is a simple recipe for those seeking cheap and proteinaceous fare. A great favorite of theCubanos of my old neighborhood in Brooklyn, Black Bean Soup is a tasty and Opinion apologizes to Mary Ann Wachowlak, whose recipe was printed without credit in last week's Issue. Mary Ann heads the circulation/reserve department, a central point of library operations. Although she has a thankless task at times of having to enforce seemingly petty rules and fines, she, like each of us is amenable to reasonable negotiations! A smile goes a long way. Her sweet tooth brought us Strawberry Meringue Bars. - So we put our heads together this morning over tea and homemade bread. We have an entire feast for you this week, from starters to finales. We hope you enjoy them. PRE-HALLOWEEN fc GRAFFITI PARTY Mushroom Barley Soup in ceJebratioo ot- the. Vi c. raw barley 7 c. stock or water Vi tsp. salt Vα tbsp. tamari % tbsp. sherry 3 tbsp. butter 2 cloves minced garlic 1 c. chopped onion 1 Ib. fresh mushrooms, sliced freshly ground pepper Cook barley in VA c. water until tender. Add remaining water, tamari and sherry. Saute onions and garlic in butter. Add mushrooms and salt. When tender, add everything to the barley. Simmer 20 minutes, covered. Simple Salad Pieces of romaine lettuce and spinach, sliced green grapes and mushrooms. Toss with an oil and vinegar dressing. Lovely! Opinion 6 October 25,1979 V^ , Jr i A* HEW look:in the. AY Depfc'. EM. % FRL »ocT2fe % sth f \oo*—• j n4s , ** $&$ if* V3k5% '■ �Pep Talk Bucs Win Series on Top Pitching, Tinted Hitting write essentially the same article first four games of the Series, that by JoePeperone Not wanting to face the dreaded deadline again, I wrote a note to myself last Sunday which Baltimore read, "write article prediction comes wins in five true." As fate would have it, I had to put off writing my article Sunday night because Pittsburgh won the fifth game. Despite the delay, I was fully prepared to - - Tuesday night, for Baltimore was sure to take game six, I thought. I had stored in my mind at least 27 reasons why Baltimore "won" the series, even though the sixth game had not yet been played. But the sixth game was played, and then the seventh, and then... Thus, by last Thursday morning, I came to the awful realization that my great, in-depth article on why the Baltimore Orioles beat the Pittsburgh Pirates in the World Series was not to be. For only the fourth time in history a team behind 3-1 had swept thefinal three games to win theseries. I suppose Pittsburgh should be commended for this great feat, but to tell you the truth, I'm a little confused. The confusion stems from being lulled into a false sense of security all through the season, the playoffs, and the the Birds were unbeatable. They made it look too easy. After four games, Baltimore, though their pitching staff was having problems, was leading 3-1 because they were able to come up with the "big inning." Pittsburgh, a team relying on speed, failed to steal a single base in any of those four games. Dave Parker and Willie Stargell were getting the hits but not driving in the runs. And Baltimore manager Earl Weaver, especially in games three and four, couldn't do anything wrong. The Pirates had their backs to the wall. They weren't playing their game, and faced the near impossible task of having to take three straight games from three of the best pitchers in baseball Mike Flanagan, Jim Palmer, and Scott McGregor. But they did it, not only by getting well-timed hits, but by - simply out-pitching the Birds. Pirate manager Chuck Tanner made a risky move in starting Jim Rooker against Baltimore in the fifth game, but Rooker was able to cool Baltimore's bats. Rooker was aided by four excellent innings of relief by Bert Blyeven. Game six began as a pitching battle between two ailing huriers, Palmer and John Candelaria, who kept the game scoreless for six innings. Finally, the Pirates got two runs in the seventh inning, and two more in the eighth. Again, more fine relief, this time Kent Tekulve, the Pirates ace reliever, kept the Orioles off the Scoreboard. In fact, no Baltimore runner got past second base the whole game. The seventh and deciding game was more of the same. The four pitchers Tanner used stimied Baltimore. Before you could say Willie Stargell, it was all over. The fact that Pittsburgh won is 1980 Hockey: Business, Rules, Predictions by Russell Leisner Howdy Hockey Fans! If left you with the impression that the National Hockey League was in limbo, let me bring you up to date on the most recent developments. Last Spring the people, business interests and Parliament of Canada pressured the Molson Brewing Co., by boycott, to agree to a merger of the NHL and World Hockey Association. Indeed, hockey has had a face lift. When did Molson get into plastic surgery? Why does the brewer wield such power to enable it to change the face of the sport? The company's big scalpel comes in part from the fact that Molson sponsors Hockey Night in Canada and provides backing for the Vancouver, Montreal and Toronto teams, the only Canadian teams in the NHL before the merger. In fact, Molson owns the Montreal Canadiens. The three Molson teams voted against merger because they were fearful of competition for fans. At least they so claimed. Personally, I don't think they had anything to worry about. Toronto is sold out for generations, and Montreal is filled to standing room capacity for most games. Besides, how can Winnepeg, Hartford, Edmonton or Quebec, the additions from old W.H.A., damage Vancouver's precioushockey market? summer The expansion resembles a surge of good old nationalism. Molson finally gave in to the time honored belief that what's good for the NHL is good for the Montreal team and for Canada. The Canadian fans seem to think the NHL peace is a cure-all for everything from inflation and recession to the energy shortage. I am not quite so optimistic, but I have to say that nothing in America comes as close to transcending class, age, sex and race as hockey does for Canadian folks. There is no American equivalent of the Stanley Cup. For the fan, while the "merger" or "expansion" will mean a leaner copy of Hockey News, it will also be a chance to see four new teams. It is hoped this won't cause ticket prices to go up. Since the NHL received $24 million in franchise fees from the new teams, I hardly think the fans should be forced to eat cake. For blood and guts lovers, I am sorry to announce a new penalty will be in effect, which is intended to prevent bench clearing after a goal. This two minute minor penalty for bench clearing comes as a response to the havoc which occurred in the Boston-Montreal playoff game last year. Many think the new penalty is unwarranted and will take emotion and spontaneity from the game. Another rule change is that and the Sabres will take the helmets are mandatory for Adams Division. The Canadiens everyone who either signs a are bound to emerge victorious in contract before June 1 or a waiver the Norris Division. This brings us to the Patrick exempting them from the rule. While I'm all for exciting hockey, Division, where all the teams I'm also for players whose brains except Washington have a chance. don't sound like morrocas. The Flyers are in the process of Although helmets may be rebuilding and Philadelphia wants uncomfortable and may rob a a winner. But I predict the player of his rugged individuality, Islanders to win the Stanley Cup. free choice and manly good looks, For eighteen years I've picked it beats an epitaph that reads the Rangers to win the Stanley "pretty, but a pity that he died so Cup, since they are such a large young." part of my life. They are still Now on to some "I bet with weak defensively, but their my heart and not my mind" offense is exciting to watch. The predictions. The Minnesota trouble is that to be victorious Northstars get my most improved they must beat the Islanders in team award, "The Fluffy Cup." the playoffs. And as the Rangers The Hawks should walk off with proved last year, this feat is far the Smythe Division No. 1 spot, from impossible. not as surprising as how they did it The Pirates ended up without a stolen base in the entire Series, but set a World Series record by having five men each get ten or more hits. Stargell's three home runs were Pittsburgh's only of the Series. The Pirates left sixty men on base over the seven games. In the end, good pitching prevailed, but it was Pittsburgh, not Baltimore, who had it. The Orioles were allowed only two runs in the last three games. It was the oft-suspect Pittsburgh bullpen which finally pulled through, with relief pitchers winning three of the four games for the Pirates. It was also Willie Stargell, 39 years old, and coming off a year when baseball people "in the know" politely hinted to him it was time to retire. Stargell led the Pirates past the Expos in the regular season and was voted the Most Valuable Player in both the League Championship Series against Cincinnati and the World Series. A humble man, quick to remind everyone that the Pirate victory was a total team effort, he made it even more special. Stargell doesn't make good "copy" for reporters. He isn't flamboyant, but he's drinking the champagne this year. Stargell is almost guaranteed to end up where most of the controversial players will never be the Hall of Fame. Baltimore will have to wait another year for the glory that was so close less than two short weeks ago. Eddie Murray will play "what if?" all winter, having gone 0 for 22 at bat in the last five games. Earl Weaver will wonder how everything could slip away so fast, and joe Peperone will have to make his sister's bed every day for the next two weeks for daring to bet on the team which kept the Yanks out of theSeries. — Record Rack Three Artists Reach New Highs And Lows turn opposite that of several disco songs; it starts in disco rhythm and then suddenly slows down One Voice Barry Manilow and stays slow. Loggins Kenny The Fire Keep "Rain" is a fascinating song in Volcano Jimmy Buffett its use of many disco trappings in a non-disco song. The two best songs on the are of these artists All three "Ships" successful soloists with Manilow album are lan Hunter's Wants To Walk Don't and "I one of the most successful being in the business. However, all three Without You." The first is a beautiful ballad have now released their most artistically successful albums and done with restraint, in a style very should find that fact well similar to the way Hunter did it on his last album. The other is a reflected commercially. Manilow was beginning to fall very catchy hummable '40s tune into a rut, for which the Even by Frank Loesser. Side two has Manilow's best Now album was responsible. "Who's Been Despite the fact that they were rock numbers still selling quite well, all of his Sleeping In My Bed" and "Bobbie songs, including everything but Lee." By expanding his base, "Copacabana" on that album, Manilow has given his career a were big building ballads. spark just at the time one was in Granted, it worked; but it was order. Buffett's album also shows a beginning to get boring. Boring is one thing One Voice cannot be broadening of base without losing his identifiable sound. The album accused of. The title song is acapella for is very consistent, and very much half of its length with Manilow a unit, but it includes more singing every part of a 41 voice variety than one would expect. The single "Fins" is pretty harmony. This leads into "Why Don'tWe standard Buffett fare but songs Do A Slow Dance" which makes a like the fairy tale of "Chanson by Mike Rosenthal — — - - Pour Les Petit Enfant" and the strong stirring ballad of "Survive" are the best Buffett has done. Other highlights include more typically Buffett fare such as "Boat Drinks" and "Treat Her Like A Lady." Loggins, on theother hand, has tightened his reins to make this album his most satisfying solo piece. He is now using styles proven successful for him, instead of trying everything and missing often. Not that he is playing it safe, the album shows much growth as a solo artist. However, Loggins is now doing more of what he does best "Mr. Night" brings to mind the best of up-tempo Loggins and Messina. "This Is It," co-written and backup vocals by Michael McDonald, stands as one of the best songs of the style with which the Doobie Brothers are now racking up hits. "Junkanoo Holiday" has a distinctive regae base and an instantly memorable chorus. There is not a bad song on the album and Loggins should be able to begin a string of hits with this release. October 25,1979 Opinion 7 �Curriculum Reform Focuses on Faculty Stabilization cont 'd from page 1 one field even if he later decides not to specialize there. But at the October 5 faculty meeting, the dean's proposal met some resistance. Professor Lee Albert characterized the topic of curriculum reform as "unruly when tackled at the wholesale level. Public relations" was a poor reason for change, he said. Priorities must be set as to whether the first year curriculum should be ''substantive knowledge" oriented or "skills" oriented. There was some agreement voiced that the first year curriculum should prepare students for the reality that they'll face outside of O'Brian Hall. Professor Philip Halpern suggested the use of "mini-courses" during the first year so students could experience a variety of offerings before they became upperclassmen. This would allow faculty members to "sell" their interests, which it is hoped would result in increased seminar enrollment. Seminar under-enrollment has been a consistent problem in part because students feei a need to be "bar oriented" as opposed to innovative. In support of the existing faculty, and in opposition to curriculum reform, Professor Al Katz insisted that the faculty is varied and enthusiastic, that students can get what they want academically here, and that the goal must be to "get the message to the people" that they can be individuals and need not follow the traditional ways of thinking. Katz said any attempt to convert the existing "reality" into a "formality" would be a phony James Atleson one. One must look at what is should be taught during the first being taught, at what is inside the year. Possibly marital or courses and not just at their employment relationships should names, he said. The curriculum is also be investigated, he said. in a constant state of change, Katz As for the upperclass courses, said. "Labels" alone do not mean the idea of limiting the amount of anything. Katz said the proposed change elective choice a student has received much criticism. It was felt mandatory upper-level course requirements are not justified by the overcrowding problem which exists in some courses and the under-utilization by students of the wide range of seminars offered. To close sections of upper-lcvc! courses to graduating seniors to broaden the range of courses taken was not seen as the solution. Some reluctance was expressed to the dean's idea of students adopting a specific field of study, a concentration. Professor Robert Bcrger said planning for the future can't be justified when people constantly change their likes and desires. If a sequence was required, some students would possibly have to slay for an extra of adding a "lawyers course" could not be taken seriously because "a course in what lawyers do will never tell what lawyers do, for we have to keep at least 750 people in the school." In the same vein Professor John Spanogle used an appropriate analogy: "Old wine in new bottles" is not what we want or need, he said. Since we must look to see the problems that change addresses, Katz felt that "curriculum change should be looked at as an option; not a solution." So in Professor Katz's mind the question is: Do we need any curriculum reform and not what form should this reform take? There are no clear-cut issues or answers. One useful idea.raised at Lete Albert the meeting was surveying recent graduates to see what they felt the curriculum was lacking now that they are practicing attorneys. The issue now goes to the newly appointed members of the Academic Policy and Program Committee for further study. year. Dean William Greiner rebutted this contention. He said it didn't matter if students don't enter their field of concentration; the mere understanding of a division Thomas Headrick of law at an advanced level would Professor James Atleson agreed be an invaluable educational with Headrick's idea of a experience. "lawyers, judges, and legal Some professors said they felt institutions" course. He said that, as opposed to the students should understand better curriculum, the problem may lie what lawyers really do and should with the faculty. Halpern, known see the minor role that litigation for his traditional socratic plays. Instruction in such areas as teaching methods, added some negotiation and drafting would be levity to the meeting when he useful. said, "Despite what some might In a light-hearted moment, think, I favor curriculum change." Atleson admitted that to show He suggested change should come students what lawyers really do, on an individual faculty basis. "a course on talking on the Professor W. Howard Mann phone" would be needed. expressed similar thoughts, saying He also suggested important emphasis should be placed on the relationships outside of "person individual faculty members to to person" (torts and contracts) advance their intellectual and and "person to state" (criminal) research skills. Grade Option Offered In Research & Writing cont'd. from page 1 wouldn't do D or F work," said Dave Kimpel. "And an H or a Q looks better than a P or an S." Instructor Larry Kerman, a third year student, agreed. "This is the type of course where hardly anybody gets lower than a Q. So they might as well get the benefit of that than a P." He added the option should have been given earlier in the semester because the students have already completed about one-third of the written assignments for the year. 8 Opinion Headrick said the grading system is experimental, "but not in the sense of a scientific experiment. We don't expect any useful information such as on fairness or encouragement of motivation to be gathered." - - An enthusiastic crowd of runners and well-wishers anxiously awaits the starting gun of the Skylon International Marathon. Skylon Marathon Offered Runners Panoramic View Of Area Sights by Jon Dußert The Skylon International Marathon, held last Saturday, was the season's high point for most Western New York distance runners. Many and varied panoramas, ranging from the interesting old homes of Buffalo's West Side through impressive vistas of the Queen City's skyline in Fort Erie to the awesome spectacle of Niagara Falls at the finish line, won much favorable comment from the competitors. Dave Smith of Orangeville, Calif, (won the race with a time of 2:17:20.1. High winds off Lake Ontario were blamed for slow progress which saw only Smith and New Hampshireman Dave Severance achieve qualifying times for the U.S. Olympic trials. The trials will be held next May on this same Buffalo-Niagara Falls course. Numerous runners, believing the winds would hold down their times, dropped out early to "save it for Washington," where the Marine Corps Marathon is scheduled for November 4. He indicated law school processes should be subject to occasional tinkering. "We'll just see how this system works," he said. "I suspect it [grading] is an issue that will come up again, if not next year, then the year However, over 2,200 runners after." stuck it out to cross the finish line October 25,1979 before Table Rock House in Queen Victoria Park. Running in the marathon had many high points. Certainly the magnificence of the last few miles inspired many runners to finish strongly. The aid stations were run quite well. A heavy medical presence, both by Heart Niagara and St. John's Ambulance, made certain that overextended runners received prompt attention. The border crossing occurred without a hitch. Buffalo police ably conducted massive throngs early in the race; the marathon volunteers and Niagara Parks Commission police kept things rolling smoothly through the Niagara Valley. Great honor is due to all of these marvelous volunteers. Added commendation should go to the Western New York manufacturers and sponsors, notably Gioia Macaroni and Bison Foods. Both helped make the pre-race dinner a sparkling success. Members of the staff of ÜB, particularly trainer Michael Reilly, whose advice and aid helped many runners hold their bodies together en this grueling course deserve praise as well. As well-run as this marathon was, there were points where it might have been improved. Some problems could not have been helped, due to the nature of the event. Where a marathon passes thru lightly-populated areas, as this one did between Fort Erie and Niagara Falls, the long distance between aid stations is not likely to be filled with helpful onlookers. In Cleveland, one could not run fifty feet in some places without being offered a glass of water; here, runners made certain to use each aid station, because they knew there was nothing for the full three miles until the next station. The Skylon competitor will find it advisable to come dressed for the race, and after the race either to be picked up or to rent a hotel room in Niagara Falls. Dressing facilities were slim at the starting line and worse at the finish. As lovely as the course may have been, it lost much of its luster for the out-of-town runner who was elbowed constantly in the tiny Niagara Falls YMCA. One might as well have been in a New York City subway. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-10-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/25/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/211e436693d50fda115be677f3a95cca.pdf 714a0ab1e46310789aab1bca20906202 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 3 Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 October 11,1979 State University of New York at Buffalo School of Law Niagara Falls "Canal People" Still Adrift In Red Tape Sea by Amy Jo Fricano NIAGARA FALLS - First impressions are often deceiving. The current situation at the Love Canal illustrates that point quite dramatically. For the most part, the shattered neighborhood surrounding the old chemical waste landfill is quiet. "I'ho brigades of health officials, environmental experts and national newsmen that descended on the suburb last August are gone. All that breaks the early afternoon! stillness is the intermittent low rumble of heavy machinery echoing off the rows of abandoned houses along 97th and 99th Streets. The State Department of Environmental Conservation (DEC) is finishing its remedial construction on the central and northern sectors of the 16-acre canal bed. The southern sector was completed last spring. DEC spokesmen say the remaining remedial work should be completed by mid-October. When the construction is finished and the clay cap covering the canal is installed, DEC officials, as well as those from other state agencies, believe the 500 families still living in suspected areas of contamination will return home and resume life where it left offbefore the 21,500 $ons of nearby chemical horror captured national attention. The residents, however, believe otherwise. Represented by Buffalo attorney Richard Lippes, a number of residents have filed ■more than four billion dollars, in law suits against the City of" Niagara Falls, the city's Board of Education, Niagara County and Hooker Chemical and Plastics Corp., the multi-billion dollar corporation that used the canal as a disposal area for chemical wastes until 1952. There also has been talk among members of the various, homeowners organizations of legal action against the state and its myriad regulatory agencies, as well as the federal government. Many residents also talk of never returning to their l\pmes. At present, some 80 to 90 families are living in six local hotels at state taxpayers' expense. They have evacuated their neighborhood, complaining that fumes emanating from the canal remedial work have caused acute illnesses in some family members. The evacuations are part of the state's safety plan, yet residents must receive weekly recertification of the illnesses if they wish to stay from their homes. Nicknaming themselves the "Canal People", they say they have become refugees within their own country. They are pushing for permanent relocation from the area. Luminaries such as Acclaimed Filmmaker Is Mitchell Lecturer Filmmaker Marcel Ophuls has been chosen as this year's Mitchell Lecturer. He will present a four day series of programs on Tuesday, October 23 through Friday, October 26. During his stay in Buffalo, Ophuls .will show his films, participate in panel discussions and lecture in classes. The relationships between law and social justice will be explored throughout the series Ophuls has been acclaimed by The New York Times, CBS, and The Washington Post, for his innovative and trend-setting work in film documentaries. His "The Sorrow and Pity" was nominated for an Oscar in 1972. The quest for human justice and dignity , is a prominent theme in Ophuls "Memory of Justice" and in 'The Sorrow and Pity." Ophuls has worked with a number of outstanding producers such as John Huston, Anatole Litnak, Marcel Truffaut, and Jean Paul Belmondo. His most current work has been with the British Television Network. \\e has also worked with the British Broadcasting Network, Polytel International and with ORTF, the French Television Network. actress-activist Jane Fonda and her husband Tom Hayden have been enlisted to aid their cause. In early September, with almost 130 families taking advantage of the safety program, the tension between the state and the homeowners suddenly came to a hc.iil. Because of heavy Labor Day tourist traffic at the Falls and advance reservations in area hotels, state officials asked, residents to move from the hotels to Stella Niagara Educational Park in Lewiston. The residents complied and remained at the private Catholic school for the next five days. State officials then tightened the relocation policy and the 130 families refused to leave their sanctuary. The state, which had been asking for the relocation certificates as a simple matter of courtesy, suddenly began scrutinizing the documents. Of the .119 certificates received during the wee&jjf September 12, 112 were rejected by state health commissioner Dr. David Axelrod because the relocation applications had all been signed by one physician. The residents, aided by a religious task force, enlisted doctors from Erie County and set up clinics to have the residents certified for relocation. Although the safety plan and its relocation program end when the construction is completed, the residents vow they will do whatever is necessary to stay in the motels and away from their homes. Observers are not discounting the grim prospect of violence. The residents, however, are attempting to seek a peaceful escape from the area. They are actively lobbying for a state bill proposed by two Niagara County legislators that would offer residents an opportunity to absorb a financial loss to leave the neighborhood. Under the legislation, the state would offer to purchase homes at fair market value, but would not pay for mortgage differentials or moving costs. The panel discussion will include the distinguished legal scholar, Telford Taylor, who served as the United States prosecutor at Nuremberg and Michael Frisch, professor of history at ÜB. The discussion will begin at 11 a.m. on Friday, The Love Canal Homeowners October 26. Association is planning a law suit Three of Ophuls' films will be against the state demanding the shown during the program. All extended relocation for women of three films will be screened in the child-bearing- age who are Moot Courtroom. On Tuesday, contemplating pregnancy. October 23 at 1 and 7 p.m. "The The homeowners are going Sorrow and Pity" will be shown. about their struggle for permanent On Wednesday,' October 24 They at "Memory of Justice" will run also relocation a frantfe-pace. pull fear the state will agencies at 1 and 7 p.m. "Sense of Loss" out of the area when the p.m. at and 8 on be shown will 1 -cont'd. on page 8 Thursday, October 25. . Last year's participants in the Skylon International Marathon push toward the finish line in the annual event. On Saturday, October 13, runners will test themselves on the 26.3 mile course once again. A Runner's Guide To The Skylon Marathon by )on Dußert Lincoln and Bidwell Parkways to Colonial Circle. Then we pass At noon Saturday, October 13, rfown Richmond and Porter some two thousand runners will Avenues to the Peace Bridge..Next be gathered on Lincoln Parkway, comes a loop thru Fort Erie; after right behind Albright-Knox Art that, it's off down the Niagara Gallery, for the Skylon Parkway to Niagara Falls and the International Marathon. finish line (in front of Table Rock The reader may wonder, "What House). has that to do with me?" Each of For those readers who will be us, whether physically active or running in their first marathon, a inactive, has an answer for that few comments are in order. question. Many runners cite the (1) Drink early and often satisfaction they get from their (prefereably of some sense of physical well-being. Some NON-alcoholic beverage!). You'll speak of various psychological be sweating a lot of liquid. You benefits. Others liken the process need to replace it. Drink to a religious experience. This whatever's handed to you. STOP writer runs for some of those while you drink. The few seconds reasons, and for another as well. are worth it. It's better to get the Have you ever passed an liquid in your mouth, even if it old-age home? These institutions takes a bit longer, than to keep are given many names, yet one running and end up splashing the feature is common whatever the stuffall over your face. (2) Get there early. Give title. The residents are physically inactive. and look it. Very likely yourself plenty of time for the these people have worked hard check-in and customs check. (3) Remember the grease. and long, as did my own grandparents. Yet neglect of their Well-Vaselined feet are a lot more bodies, as well as addiction to the comfortable as they pound over Carolina tobacco barons' lethal the miles. You may even want to weed, has reduced many of our carry a packet with you for use in elderly Western New Yorkers to emergencies. A few Band-Aids the state of my own grandfather may come in handy as well. just before his death. The man (4) Remember the bucks. The could barely stand. His cough was race ends in Canada. Unless you'll heart-rending. He clutched his be picked up by a friend, or unless cigarette as if his life depended on you intend to carry your a cruel irony, if exhausted body back qver the its presence ever one existed. Each time I pass Rainbow Bridge, you'll need Hallmark Manor, the memories Canadian dollars for your stay in return. Even for the Manorites, it Ontario. Outside banks, the is not too late. But what can I say exchange rip-off is fierce. Special Events. The chief to my much younger friends who brush off thoughts of physical program, apart from the Marathon activity with "but I just don't itself, is the "Performance Lab." This will be held October 10-12 at have the time"? So, then, we run. Next ÜB's Sherman Hall. Available for Saturday we will run down -cont'd. on page 8 - - �■ Vol. 20, No. 3 OpJuJQII Oct. 11,1979 Rationale Behind Late Grades Defended Editor-in-Chief Randi Chavis - Under these circumstances, 21. Second semester classes start January 14. In that four weeks, while I very much appreciate the The varied and inconsistent plus the ten days of the anxiety of first year students, and comments you have gleaned and examination period, I am will complete the grading as fast it in a way which expressed about the problem of supposed to prepare for two new as I can do conscience as decent, enough my rest to be satisfies courses and get delay in reporting grades reflect promise to read 150 the varied situations which exist. I able to bring some energy and I cannot cannot undertake to generalize; enthusiasm to them. These two papers and meet my, other responsibilities within but I suspect that my situation is demands I should suppose have teaching To the Editor: Managing Editor Amy Letters To The Editor Jo'Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Paul Bumbalo, Tim Cashmore, Carol Gardner, Joe Peperone, Mike Rosenthal, Karen Spencer. Contributors: Alan Beckoff, Jon Dußert, Marc Ganz. © Copyright 1979, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Ljp Editorial Save A Sinking Ship not unique. Like most of my colleagues, I use only essay questions, and the main issue or issues in each are not susceptible to right-wrong answers. I therefore believe that it is part of my teaching responsibility to try from each not entirely legible or coherent presentation just what the student is trying to to extract some relation to my teaching the four week period. wholly disregarding any attention to research. J.D. Hyman Professor of Law obligations, Public Interest Law Board Thanks Dean For His Aid To the Editor: two students who worked for As a member of the Buffalo Legal Services for the Elderly. say and what material he or she is Public Interest Law Board I would This money was essential since, bringing to bear upon the like to thank you for the recent although individual members of statement. As a result, I spend article about our summer Law Review had pledged $1,500 quite a bit of time reading each program. It was well written and their money was not going to come in until after their summer answer. I find this very tiring factually accurate. work, as well as time-consuming, However, the article excluded jobs ended. The program in the and I can only do a certain any mention of Dean Headrick summer would not have occured amount of it each day before and his involvement in the Board. except for the start up costs fatigue threatens to impair my From our inception the Dean has provided by the Dean. The student members of the judgment. been not only supportive but The grading is supposed to be actively involved in the Board. Board look forward to the Dean's completed four weeks after the Most importantly he provided continuing involvement in the examination period; this year, $1,500 last Spring which we used Public Interest Law Board. Tony Leavy from December' 22 until January partially to fund salaries for the President's Corner Research & Writing Grade Option Approved by Oorie Benesh Opinion doesn't want your garbage, but we are in a crisis situation. We offer students a mouthpiece for their ideas and a showplace for their creativity and talent. We're wondering why this forum is being under-utilized. Opinion can be an innovative, activist newspaper. It can serve as the catalyst for change. But it needs help — your help. News and feature writers, photographers and graphic artists; whatever your specialty is, we need you. People with fresh and creative thoughts would be appreciated. The future of this paper is in doubt. If Opinion folds due to lack of student support and input, it will be your loss. Please don't stand by idly and wave to a sinking ship. Instead, lend us a hand. Please drop off your replies, ideas, thoughts, or contributions in the envelope outside Opinion office Room 623. Feel free to express any suggestions you may have — our pages, ears and minds are always open. — 2 Opinion October 11, 1979 The 1979-1980 Student B.ar Association (SBA) Board, including the newly elected first year directors, held its first meeting on Tuesday, September 25. Of top priority was the determination of the Board's position based upon the results of the recent research and writing referendum. Because the results indicated no clear choice by the students, SBA sent its Academic Policy and Program Committee representatives to the APPC meeting with the suggestion that the grading system be optional, a suggestion which was accepted by the APPC the following day. The approval not only means each first year student will determine if he/she takes research and writing pass-fail or HQDF, but it is also a clear indication that when students organize themselves they can be highly influential. The Board's gratitude is due to each student who showed interest in the issue, and more particularly, to Lew Steele, who provided the much needed leadership at the APPC meeting. With the goal of more effective student input in mind, exemplified by our continued success with the APPC, we hope the SBA will accomplish the following by the time this article is in print: 1. Appointment of one SBA director to each faculty/student committee, to meet the mandate of the SBA constitution; 2. Appointment of students from the law school at large to these faculty/student committees, to insure involvement by the entire student body; 3. Appointment of SBA committees comprised for the first time of both SBA directors - — and students at large, to give SBA directors more time to devote to fewer committees and to give non-SBA board members an opportunity to affect student government more directly; 4. Adoption of substantive and procedural committee charges, to guide the newly appointed committees and to serve as a monitor of each group's progression. Last year's SBA accomplished towards improving the effectiveness of the various committees, and thereby, student input. This year's SBA is confronted with the task of building on that effectiveness through improved committee organization, so that pertinent issues are dealt with in a systematic and fair manner. The SBA welcomes attendance by students, faculty and administration at all of our meetings. Additionally, our office hours are posted on the SBA office door (Room 101). We invite you to drop in, whether it be just to talk, or to discuss matters of importance to you. much LEXIS TRAINING SESSION LEXIS USERS: The Law Librarians will be holding training classes for 2nd and 3rd year law students. The training classes will be three (3) one hour sessions running over a four week period. The schedule is: Tuesday Wednesday Thursday October 23 October 24 October 11 , 25 The classes will take place in the Law Library, 5 - 6 P.M. 8:30-9:30 P.M. 1- 2 P.M. . A/V Dept., sth floor. Sign up now in the A/V Dept �Black American Lew Students Association OF S.U.N.V. AT BUFFALO SCHOOL OF LAW . Liz Glows At Nuclear Rally //X"f#Wl PRESENTS by Marc Ganz announced her candidacy for the United , States Senate. Jacob "She's strong and yet I don't Javits Senatorial term is ready to October 26 & 27 get scared speaking to her, and expire and the upcoming election FEATURED SPEAKER FRIDAY AND SATURDAY hell or high water, I'm gonna vote should prove to be of interest. ALEXIS JACKSON for her." These profound words Holtzman, Bess Myerson, Andrew ASSISTANT SOLICITOR FOR THE U.S. DEPARTMENT OF INTERIOR were stated by- a West Valley Stein, Henry Kissinger, Jack resident after speaking to Kemp and others have mentioned BUS SERVICE PROVIDED FROM Uβ. MAIN STREET CAMPUS TO THE LAW SCHOOL Congresswoman Liz Holtzman, aspirations for a Senate seat. The I FOR MORE CALL: WRITE: BLACK AMERICAN LAW STUDENT ASSOC ?83.«)69 Democrat from Brooklyn. recent polls show Holtzman in the JOHN LORD O-BRIAN HALL I INFORMATION (7161 (716) 636-2163 SUNY AT BUFFALO. AMHERST CAMPUS He may get a chance to vote lead among Democratic AMHERST. NEW YORK 14260 for Liz since she has all but candidates. JHoltzman finished speaking to the West Valley rally crowd on Sept. 29. Her own radiation, in the form of a smile, didn't harm this crowd. Holtzman spoke to the crowd as if they mattered. While denouncing Congress and the federal administration on the nuclear question, Liz inspired people to start actions to help defeat apathy and injustice. The crowd responded with admiration and respect. There is reason for the respect. Holtzman has come up the The feedback we have had from students who took our course political ladder the hard way. She for the first Multistate/New York Bar Exam has been so positive defeated veteran Congressional committee chairman Emanuel and enthusiastic that we know we are going to have even more sue Celler, startling the country. Ever cessful programs for our T9BO courses. since then, Holtzman has fought for causes most congresspersons Joe Marino, Mike Josephson and a group of hand picked lectur don't care about. ers are ready to give you the best preparation available tor the New As Pete Hammill recently said her, "Holtzman is one of about York Bar Exam the most intensive and valuable practice on the that lonely band of extraordinary integrated New York essays and the most insightful and helpful politicans who are less interested in publicity and their careers than approach to the Multistate objective questions. they are in justice." v * Her lists of accomplishments If you can decide to join us before November 1, you can save a noteworthy. She has led the are ~ substantial amount of money and get a whole bunch of special fight for the Equal Rights Amendment to the U.S. benefits. If you enroll early you will: Constitution, and for aid to New York City and the state. She Save $110 on the course price. supported, the Impeach Richard ■I ■• .■■ ■■■■-■ Nixon movement, the Koreagate ■-.... MINORITY LAW WEEKEND Elizabeth Holtzman and integrity in government. As one observer said, "Liz Holtzman has swept through Washington like a breath of fresh air." The American Civil Liberties Union cited Holtzman's voting record as one of the best in Congress. Her efforts against insurance company redlining, the abuses of the CIA, and her support for federal aid to Brooklyn and New York State rated her a place on Jack Newfield's Honor Role (Village Voice- 1978). Newfield concluded, "I can't think of a better hope for the United States Senate in 1980 than Liz Holtzman. She is the ideal custodian of our trust and our liberties." Holtzman's detractors contend she is too liberal. However, her anti-military cost overruns, space shuttle fiscal practices and civil liberties stance should makiev a conservative stand up arid cheer. It is only the corporate criminal sympathizer who should worry about Liz's stance. One thing undisputed about Holtzman is her integrity. Her commitment to destroying corruption in government has been reaffirmed investigation II CONFIDENT? 1 YOU I BET! I — I I I I - . JL ... . ■ $80 by I I Save an additional $40 by getting our exclusive Multistate Clinic at no charge. jM Save an additional $90 by being able to attend our early-bird New York Practice course by Arthur R. Miller at no charge. "I ' <H/1: $3251 ■ ••I •' a set of New York and Multistate out JpP Obtain ' ■ lines for use in school or for an early start (mm imum $150 deposit required). ■Course Price until ■■mii.Ml IBllHIt I BRC 71 BROADWAY, 17th F LOOR. NEW. YORK, NV 10006, 212/344 6180 Manno-Josephson/BRC Representatives at your school: I SUNY/BUFFALO/ Ann Bermingham Cathy Kaman * Leonard Kirsch Carol Maue Patrick Curran Jerry McGrier Philip Mclntyre James Ryan Dwight Wells Mark Grossman : ■ Save an additional getting our exclusive Programmed Learning System supplement at no charge. m ' I I : -^:v :-:^^: Contest Winner To Net $500 For Environmental Essay (6) Community stewardship of The WASHINGTON, D.C. � American Bar Association's unused urban property. (7) Protecting the cooperative Standing Committee on landowners (e.g., limiting liability, Environmental Law has private rights from preserving the announced sponsorship of 1980 Environmental Law Essay proscription, restricting the kind and times of access, etc.). Contest for law students. (8) The use of leaseback The winner will receive a $500 arrangements, letters of cash award and a certificate at the agreement, or easements and Ninth Annual Conference on the restrictive and affirmative Environment. convenants to secure public The general subject area for the enjoyment of private land. Essays will be judged by a 1980 contest is "Opportunities for Enhancing Public Benefit from committee appointed by the Private Land." The following chairman of the ABA Standing topics indicate the types of papers Committee. Emphasis will be the Committee would like to placed on originality, quality of receive, but by no means should research, and clarity of style. papers be limited to these topics: The contest is open to all enrolled in ABA students use (1) Consensual public agreements between private accredited law schools. Entrants landowners and responsible should type their name, school, non-governmental organizations. home address and telephone (2) The role of federal, state, number at the lower right had and .local governments in corner of the cover sheet. Two copies of the essay should providing financial incentives or mailed to the ABA be in-kind services (e.g., turnstiles, snow fencing, general upkeep, Environmental Law Essay Contest, 1800 M Street, N.W., stream maintenance, etc.). (3) Third-party management of Washington, D.C. 20036. These should be in the mail on or before private leases for public use (e.g., Appalachian Trail Conference, February 1,1980. For further information, please English Nature Conservancy). at (202) (4) Comparative analysis of contact Kate Sullivan write ABA or 331-2278 international approaches. (5) Organizing and operating a Environmental Essay Contest at the above address. neighborhood land trust. - ■ October 11,1979 Opinion 3 �f** " * HANALSA a Legal Eagle Ask Not To Whom The Toll Goes by Alan Beckoff The following is a true story. The names of those involved have been omitted to protect the innocent. That is, I don't want anyone responsible for thfe fandango to come after me. The Atlantic- Beach Bridge connects the Rockaway Peninsula in Queens County to Atlantic Beach, an offshoot of Long Island in Nassau County. It is owned and 'operated by Nassau County. The toll for motor vehicles is 25 cents, but drivers can buy coupon books worth seven trips for about half-price. Pedestrians and bicyclists are required to pay a toll of five cents. One afternoon this past summer the bridge controller was looking out his office window when he saw a jogger cross the toll Moot Court plaza and continue on his merry way without paying the five cents. (By "controller" I mean the man responsible for the bridge's finances, not its operation.) "Stop offered to pay not only the five cents but also a year's worth of tolls right then and there. The 5 t S Si & Our office is now located in Room 509 O'Brian Hall. BUTTNOSE 4 Opinion J fc controller wouldn't accept it and the jogger was arrested. that man!" the controller cried as In a. letter to Newsday, Long he ran outside. Island's daily newspaper, the A passing police car responded controller maintained he would to the apparent emergency and not have pressed charges if not for Puerto Rican Legal Defense pulled over the jogger. "Was I the fact th,at the jogger had been W 1 speeding, officer?" he asked. The abusive. & Education Fund Scholarship W controller came screaming, "I This brings us to the basic issue are now available applications 1 want this man arrested!" The here: fairness. The bridge opens HANALSA office. in the jogger and the policeman looked every half hour, whether or not V at each other and then at the water traffic is passing by. A controller. "He didn't' pay the boater can have the bridge opened toll," the controller said. "I want any time he wants to go under it. him arrested for theft of services." If, after he has crossed he.decides The jogger explained he had he wants to go right back, the been crossing the bridge fox weeks bridge must be raised again. without paying a toll, not to Needless to say, this process backs mention it was common up auto traffic for miles in both knowledge that many pedestrians directions. The boater pays do not pay the toll. However he nothing. The bridge was built in the Co-chairmen for the program 1950's and was financed by a "New York Environmental bond issue. The bond has long Law Institute 2d" is the title of a will be Nicholas A. Robinson of since been paid off, but the fare program to be presented October the Pace University Law School in has risen faster than the tide 12 in Buffalo by the New York White Plains and Joel H. Sachs of during a full moon. In another State Bar Association's Greenburgh. Speakers will include Stephen litigation case. The debate over letter to Newsday, the controller Continuing Legal Education jury competence to decide highly vehemently countered the Committee and the H. Kelly and Richard J. Lippesof technical issues is a topical one, widespread belief that the bridge Environmental Law Committee. Buffalo, Richard A. Persico and fueled in part by comments of is one of the major sources of The program will begin at 9 Laurens M. Vernon, both of -Chief justice Warren Burger patronage jobs for the Nassau a.m. at the Sheraton Inn East, Albany, Thomas A. Twomey jr. criticizing the abilities of jurors. County Republican organization. 2040 Walden Avenue, Buffalo. of Riverhead, John French 111 of The team, which was selected Perhaps he meant it was a minor Among the topics to be New York City, Philip Weinberg from among the members of the source. covered at the seminar will be the of Queens, Robert J. Kafin of Moot Court Board, is currently in The case of the scofflaw jogger New York State Environmental Glens Falls, and Nathaniel J. the process of writing the 35-page is now pending in the State Quality Review Act (SEQRA), the Parish of Tarrytown. brief for the competition. When Supreme Court in Mineola. If he effects of recent developments in For more information on the the brief is completed, the team loses, it would serve the bridge environmental law on corporate program, contact the Continuing will practice its' oral argument authority right if he paid the practice, federal and state Legal Education Department, before panels composed of faculty court costs, as well as the toll, in wetlands regulations, and energy NYSBA, One Elk Street, Albany, planning. members and fellow students. nickels. New York 12207 (518-445-1211). J NYSBA Chooses Buffalo For Environmental Seminar Regionals In New Haven Elizabeth Buckley, Peter Durant and Barbara Goldberg will represent the law school in the National Appellate Moot Court Competition, one of the oldest such competitions in the country. The team will travel to New Haven, Connecticut, during the third week of November for the Northeast regional round competition. Success there will take them to the final round in New York in January, The problem concerns the right to a jury trial in a complex patent 8 - ' <T.OfYRJWrO W? BYcAtfpus covucs October 11,1979 BY KELLY AND LEVINE �ei979B*H/BW October 11,1979 Opinion I 5 �Culinary Counsel - Sweet Toothed Librarians List Just Desserts 2 c. very coarsely chopped nuts. Bake in greased tube pan at 350 for 1 hour. by Karen Spencer This week's column continues the culinary talents of the Law Library staff with a special emphasis on our insatiable sweet tooths. I would like to thank all members of the staff for their contributions and pay a short tribute to the finest, friendliest group of people with whom I have had the opportunity to work. The law school is fortunate to have such a team committed to library service. I salute you all! And now for those mouthwatering desserts: Mary Dauscher, our "Keeper of the Kardex", sorts all incoming materials and records their receipt in our most valuable file. Without the kardex, we would never know whether we really did receive that issue you have been looking high and low for! Mary offers us her favorite Picnic Cake 2 c. sifted flour Vi tsp. salt Joyce Lewis and Carol Kallin 54 c. flour �Substitute amoretto, triple sec, are the dependable team in the Ic. raw oats orange extract or bourbon. Or Documents Department. Elusive Vα c. brown sugar sprinkle some over warm brownies 1 tsp. cinnamon materials, as government and allow to soak in. documents can be, Joyce and Yα tsp. salt Carol order materials from all over Vi c. butter Super Brownie Frosting: Combine the world and somehow keep Sesame Almond Delights track of what we get and where Toss apples with 2 tbsp. flour and 1 c. cocoa, 2/3 c. powdered sugar. they go when we get them. Line a cookie sheet with foil place half in greased 8 inch pan. Cream 6 soft tablespoons butter making sure to build up all four Spread mincemeat over top. Add with half of the cocoa mixture. sides. Then line with whole remaining apples. Combine flour, Add remaining cocoa_ mixture Joyce's Pistachio Dessert graham crackers to cover. oats, sugar, cinnamon, and salt. alternately with 5-6 tbsp. milk. Cut in butter until mixture is Add 1 tsp. vanilla.* These will VAc. flour 1 stick margarine In a saucepan, combine 1 c. crumbly. Sprinkle over apple really make you break out! 2 tbsp. powdered sugar brown sugar, VA c. butter until mixture. Bake at 350 for 30 Iris Reese KNOWS. Any Mix like pie dough and pat in melted. Remove from heat. Add 1 minutes. Serve with whipped questions leaky faucets, missing bottom of 9x13 inch parf. Bake 4 oz. pkg. of sliced almonds. Stir cream or ice cream. files, missing persons, we for 15 minutes at 350. and pour evenly over graham automatically take to Iris. crackers. Sprinkle sesame seeds on Strawberry Meringue Bars Officially the director's secretary, 1 c. powdered sugar top to your liking. she literally holds the library 8 oz. cream cheese, room c. Vα shortening together. And somehow, remains Baking 10 minutes in preheated temp. 1/3 c. sugar consistently nonplussed. A lover 350 oven. Cut into squares while 1 c. Cool Whip 2 egg yolks of sweets, this sweet, dependable Cream the above and spread on still warm. These are great made a r/2 c. sifted flour lady brings us day ahead! cold crust. Put in fridge to set. whites 2 egg Vi c. sugar Chocolate Dainties 2 pkgs. instant pistachio In the end, all our new books 1 c. chopped nuts pudding reach Helen Hanchar. Tattletaper, 1 c. strawberry jam 1 can sweetened condensed labeler and. all round "end 3 c. milk milj< Beat together and spread on top processor", Helen is the last Beat shortening, sugar and egg 2 sq. unsweetened chocolate of first layer. Top with Cool Whip person to see the books before yolks. Add flour. Spread mixture pinch of salt they go to the stacks. Her Chess in bottom of ungreased 13x9 inch and sprinkle with nuts. 1 tsp. vanilla Pies should be good with whipped pan. Bake 15 mm. at 350. Spread Ground walnuts. cream or as an anytime snack: evenly with jam. Stiffly beat egg Carol's Mother's Oatmeal Cake ■ — ' Pour V/i c. boiling water over 1 cup of quick oats and 1 tsp. salt. Let stand. Mix: - Law Librarians:. Cookin 9 & Bookin' . .. 1 c. brown sugar mil^ Nina Cascio's artistic talents extend beyond that of Audiovisual Librarian into the kitchen to satisfy her quest for sucrose. The delicacy below is by far one of the greatest I have ever tasted! 1-1/3 c. flour 1 tsp. soda Add oatmeal mixture last. Bake in 13\9 inch pan at 350 for 35 minutes. > Icing: 6 tbsp. butter 2/3 c. brown sugar 1 c. coconut 1/3 c. milk Vi c. nuts 1 tsp. vanilla Pour icing on warm cake and brown under broiler. Verdia Jenkins, Cataloger and Reference Librarian, is an avid contributor to the black community and teaches in the Women's Studies College here at ÜB. With her busy schedule shefinds time to whip up her quick and easy Apple Nut Cake Lemon Pudding Pie Mix: 4 c. diced apples 2 c. sugar 1 tsp. or more cinnamon 1 tsp. nutmeg With: Vi c. oil \ 2 eggs 1 tsp. vanilla Fold in: 2/2 c. flour 1 tsp. baking powder 1 tsp. soda 1 tsp. salt Add: Opinion 4 c. sliced apples 2 tbsp. flour 1 c. mincemeat 1 c. white sugar 2 eggs 1 tsp. cinnamon 1 tsp. nutmeg Sift flour, baking powder and salt. Add sugar to shortening. Beat in vanilla and egg. Add flour mixture alternately with milk. Pour into greased 9x9 inch pan and bake at 350 for 40 minutes. Remove from oven and top with Praline Topping: Mix 1/3 c. melted butter, Vi c. brown sugar, 'Ac. milk, dash salt, 1 tsp. vanilla, 1 c. f)aked coconut and Y2 c. chopped nuts. Spread over top of hot cake and brown under broiler for 5 minutes. 6 Vi Lindbloom (even OCLC calls her "Vi!") prepares all our journals for binding, updates our records for the University's Union List of Serials, and searches records on our OCLC computer. Always ready with a cheerful opinion, Vi brings us her Cream butter, sugar and vanilla. Add eggs and beat well. Blend in chocolate; stir in flour and chips. Bake in greased 8 inch pan at 325 for 30 mm. Golden Apple Mince Crisp K> c. shortening 1/i tsp baking powder 1 c. brown sugar Vi c. shortening 2 tsp. vanilla I egg, unbeaten 1 c. meringue.) Vh c. graham cracker crumbs 4 tbsp. melted butter Make a pie crust by combining the above and pressing into a pie tin. Let stand. ' Mix: • 1 can Eagle Brand Condensed Milk 3 egg yolks Juice from 3 lemons. Beat for 10 minutes or until stiff. Pour into pie shell. Refrigerate. (The egg whites can be used for October 11,1979 Myrtle Likens Chess Pies 1 recipe pie crust 1 c. raisins 1 c. walnuts or pecans 3 eggs, beaten 1 c. sugar '/2C. butter vanilla Roll pie crust and cut in rounds to fit in muffin tins. Grind nuts and raisins together. Cream butter and sugar until fluffy; add eggs and vanilla; stir in nuts and raisins. Fill each pastry-lined muffin cup %full Bake at 350 for 25-30 minutes. Bette Waif means "if we don't have it, we'll get it!" Responsible for Interlibrary Loan, Bette manages to borrow materials from other libraries to fill in the gaps of our collection. With a smile and just in time for apple season, Bette offers us her whites, adding sugar gradually. Cook milk, chocolate and salt in a Spread over jam. Sprinkle with double boiler until vVy thick. nuts. Bake 25 minutes more at Remove from heat and add 350. vanilla. Cool to lukewarm. Drop by teaspoonful in ground walnuts Kathy Lehsten, our artist in and roll in balls. Place on wax residence, runs the switchboard, paper and chill. types and retypes endless lists, After the overdose of sugar, I manuscripts, letters, etc. All she am ready for a health food wants for Christmas is for column. Donations of favorite SOMEONE ELSE to count all healthy recipes are gratefully that change from the copy being acdepted. Just stop in in the* machines and a dollarbill changer library, in the halls, or on the way installed in the library! No to and from the parking lot. column would be complete PLEASE GIVE! without her Restaurant of the bi-week: Super Brownies Bocce Club Pizzeria 4174 Bailey Avenue Vi c. butter Eggertsville, N.Y. '£ (On Bailey between Eggert and 1 c. sugar Main) 1 tsp. vanilla* 2 eggs Phone:B33-1344 2 1 oz. sq. unsweetened chocolate, melted The greatest pizza in town. Vi c. sifted flour Reasonable prices. Take out only. 6 oz. bag chocolate chips Large party sizes available. , ; �Pep Talk There's Always So Much Going On In October.. by Joe Peperone All the major sports are engaged in some degree of activity Writer's block-it's wonderful. there's a veritable potpourri of I'm sitting here, staring at a blank athletic endeavors going on. sheet of paper, and believe it or October is month the not, I hear the faucet dripping. I arm-chair fan dreams of. The best wanted to travel to Alaska to I can do is try to string together observe our U.S. bobsled team some totally unrelated facts, prepare for the Olympics, but the predictions, opinions and editors nixed it. Any article I observations for you to chew on write concerning the baseball while you are watching yet playoffs may be outdated by the another commercial for Chrysler time this article is published. rebates. So, check it outl I simply can't believe it. This is I'm about to lose my edge. A October the sports fan's opium. statistic I knew of and, was - - — review bar keeping to myself was recently publicized in the new magazine Inside Sports. It revealed the fact that the Buffalo Bills were 12-3-1 against the point-spread last year. Already, they are 5-0 this year at the 'time I am writing this. So, don't let me down boys, tuition time is coming. Did I read correctly? The N.Y. Yankees ,have signed Graig Nettles, age 35, to a one million dollar, three year contract? Off his performance this past season, I think they should have let him test the free-agent waters for a month or so. I think they could have kept him for a lot less, and I would be greatly surprised if he is still starting in 1981. Punch Imlach, czar of the Toronto Maple Leafs, did another typically childish thing when he barred Sabre Assistant Coach c Roger Neilson from sitting in the press box during a rccenl Sabre-Leaf pre-season game in Toronto. Imlach was afraid that Neilson, while watching the game, would use a walkie-talkie to communicate strategy to Sabre Head Coach Scotty Bowman. Punch reportedly tried to justify his actions by saying that assistant coaches belonged behind the player's bench during the game. However, I question the fact whether Imlach knows what — — New King Edward Lounge by Amy Jo Fricano the last show of the night was in progress. First came the usual fare If you've been skipping your of sequined and feathered regular doses of 20/20, the Today females. But relax guys. Weight Show, and Eyewitless News, you Loss Clinic should do some may not have heard that strip recruiting among thesebabes. One joints are going the way of of my companions commented he barbershops .— unisex. Once an had just seen enough to make him old bastion of male give up sex. by Mike Rosenthal entertainment, the New King When the announcement came Edward Lounge in Fort,, Erie,, that the Black Night would be on Ontario, is now an equal next, a rumble arose from the Slow Train Coming Bob Dylan opportunity employer and does crowd. All of the women in the Into The Music Van Morrison not discriminate against male room were climbing up on Two of rock's greatest dancers or female audiences. windowsills and jumping up on Being equality-minded, curious their chairs to insure a good look troubadors have discovered folk genuinely interested in. at this fabled giant of the dance religion and in the process important new social world. The Knight is rumored recorded their best albums in phenomenon, my companions and equipped to keep even Catherine years. With Dylan this is no I set out for the King Edward to the Great happy, but this turned surprise since he has always been best when he had something to see what the media fuss was all out to be sheer sensationalism. about. If you've never been to The guitar playing emcee then get off his chest. In the early days this was Fort Erie before, once you see the led a singing-shouting contest plethora of Chinese restaurants between two sections of the protest about the general state of lining the majn drag, you'll audience. A cheerleader was human affairs. With Blood On The understand our feeling that we appointed for each group to direct Tracks, it was the breakup of his had been transported to the choruses of "In Heaven There Is marriage. Dylan obviously cares about Nogales of the East. No Beer." The crowd, of course, Look for a lighted sandwich was really yelling for the what he's writing now and the board on the sidewalk in front of cheerleaders *6 take it off, too. songs are all infused with life. This a white clapboard dive. If it reads When the room reached a shows up in his vocals which are "Stormin' Norman's Tribute to sufficiently high decible level, the more expressive than they've been Elvis," you're in the right place. emcee made the long awaited in years. The album, which grows on And, no, Norman doesn't sing. announcement, "And heeeeerrre's you rather than jumps out at you, Believe it or not, when we Norman!" some of Dylan's best arrived at 9:30 on a Friday night, In swooped Norman, clad in a contains material. "Precious Angel" and they were already turning people blue satin jumpsuit and cape ala "When You GonnaWake Up" are Another rumble as the away at the door. A bouncer Elvis. very impressive, as is "Gotta bedecked in a tee shirt which said ladies jumped to their feet Somebody." The left field Serve pick "Stormin' Norman Brought to cheering. Several women rushed though has to be "Man Gave You by Rent-A-Jerk" informed us to ringside, swooning and flailing To All The Animals," that to get a good seat you have their arms in hopes of one touch Names portrays which Dylan at his most to come for dinner and stay of Norman's macho kneecaps. playful. And Norman entertained them, through. Morrison's album So we moseyed down the right down to his blue suede Wavelength, despitenew its flaws, is street to the only other bar on shoes. his strongest album since Wild After all the hype, the New Niagara Boulevard to bide the time until we could gain access to King Edward Lounge was a real Night. One can't really be sure religion that gave the popular King Edward. The let down. If you care to check it whether It is Morrison the. spark, or the spark remember to Anglo-American Hotel's out for yourself, get that gave Morrison religion. Americana Room is a good place some Canadian money before you Nevertheless, Morrison here to avoid, unless you are deaf or go. There is a two dollar cover produces some new classics for his truly enjoy the cacophonous charge, but they have good repetoire including "Rolling gyrations of rock 'n roll bands Canadian beers on tap. "Full Force Gale" and Hills," that no self-respecting high school Not that I recommend this for "Angeliou." would hire for a gym dance. Southern Baptists, but, Overall Dream Police Cheap Trick By the time we finally got into EatTo The Beat Blondle the King Edward and were seated, Rating: Southern Baptist. an assistant coach is. He never had one when he was coaching, nor has any team he has been associated with. Strange But True — Department — Jacksonville Quarterback George Mira of the World Football League tore his finger during a game when he caught it in a zipper in the t artificial turf at the Honolulu stadium. Did you ever see a more pathetic person than Coach Ted Marchibroda of the Baltimore Colts during the second half of the Bills game last week? The poor guy was chewing his nails on national TV, and- it almost looked as if he'secretly wished an irate fan would shoot him to put him out of his misery. At the risk of being outdated, as this article is being written before the divisional playoffs begin.. Baltimore over Pittsburgh in five games. The old cliche that pitching wins short series should determine things this year. Pittsburgh just has not had effective starting pitching, and their bullpen is overworked. Baltimore, especially if Palmer can pitch effectively, has too much depth on the mound for California or the National League pennant winner. What is the sense of allowing free agents to switch teams in the — — . — . NBA if the team which signs a top-ranked free agent becomes decimated due to the compensation the League's Commissioner gives out as "reimbursement." Bill Walton may be the best player in the league, but his history of knee and ankle troubles do not justify the decision by NBA Commissioner Larry O'Brien to give Portland the equivalent of three starters as compensation for losing Walton. O'Brien even admitted that he would have awarded t Portland more players if Walton was totally healthy! Even with Walton on the squad, San Diego won't win more than 35 games this season. Our final note comes courtesy of the People's Almanac. In a 1904 baseball game between Jersey City and Montreal, a Jersey player laid a slow rolling bunt down the third base line. Two runners scored. The Montreal third baseman waited as long as possible for the ball to roll foul. Finally, he saw that it would stay fiar by an inch or so, and the runs would count. So he laid down on the ground and blew at the ball with all his might. His breath pushed the ball foul and the umpires ruled in his favor. The runs didn't count. You can look it up! — Record Rack Aging Rock Stars See The Light — - - - — Both of these groups broke wide open this year playing fun, uncluttered, sixties-influenced rock V roll. Both groups are hard to categorize but have managed to appeal to both AM and FM audiences. Their appeal however is different. Cheap Trick's charm lies in the simpleness of their lyrics, the repetition of musical and lyrical licks and the irrepressible fun of their songs. They have not tampered.with their formula one iota. Songs like "Dream Police" and "I'll Be With You Tonight" mjjk the successful formula of "Surrender" and "I Want You To Want.Me." "Voices," the album's best cut, applies their basic ingredients to a ballad format. The biggest question one is left with is,*why, even though this was recorded prior to the release of Budokan, did they include "Need Your Love" which is available commercially in a live recording? Blondie has played around with their success. They have released an album, though not up to the greatness of Parallel Lines, showing growth and the ability to expand upon their formula. "Dreaming," the single, is frenetic like so many of their songs. "The Hardest Part" is a superior song which operates out of a disco base but goes beyond and above. The lyrics about driving an armored truck are strange but, strangely memorable. "Atomic" also takes fruition from a disco base but bares little resemblence to true disco. "Shayla" and "Sound-A-Sleep" show the band's ability to pull off difficult ballad material. The unifying feature in this diverse album is the quirkiness and uniqueness of Deborah Harry's voice and phrasing. — — i •••'-'■;• Head Games Foreigner Cornerstone Styx ' Two of the most consistent hitmakers today are faced with a decision whether to- stick with their old, successful formula or to try to grow and expand. Foreigner is intent to play it safe. While the album is good it fails to offer anything substantially new. The best songs sound like resets of their old songs. The worst songs sound like Xerox copies of their old songs. On the last album the few ballads offered helped round out the album. There Is only one ballad included here, "Blinded by Science," and it is the best song on the album. Styx seems to be a little more willing to experiment. After their success with Grand Illusion, they played it safe with Pieces Of Eight. This time around though, both sides of the album are built around lush ballads, something for which they are not known with the exception of "Lady." Both ballads have a distinct Styx sound to them but manage to do so without sounding like other Styx songs. "Babe," the ballad on side one, is the first single and could well be the group's biggest hit to date. The other song, "The First is probably the finest song that the group has recorded. Styx has demonstrated that they can enter into the eighties as a successful and maturing band. Foreigner on the other hand will either have to grow on their next album or take a back seat in the future. October 11,1979 Opinion 7 �Love Canal Residents Fight Back -<ont'd. from page 1 construction is complete. They are afraid the' remedial work will be insufficient and the contamination will resume spreading throughout the area. State officials, however, say the fears are unfounded. They claim the site will be monitored for the next five years and the area is safe to become a productive neighborhood in the mean time. The initial remedial work, performed by Newco Chemical Waste Services, Inc., of Niagara Falls, has not lived up to its specifications. Blockages in the drainage system have occurred, forcing repair of the six million dollar project before completion. In addition, while state the threat of officials play chemical migration, city Joggers Jamboree 9 -torn buchanan, courtesy ofThe Spectrum officials closed down a second school in the. area because of the discovery of toxic, chemicals in a creek flowing by the school. The 99th Street school in the Love Canal area is one of two schools shut down due to the presence of toxic chemicals. VISTA Recruiter To Seek Law Students If you've ever considered Florida, says, "When VISTA Volunteers serve one year, and working in poverty law, where the volunteers get together with only on some projects is it pay is low, the hours long and the community people and leaders to required that VISTA lawyers pass frustrations many, then change the injustices brought the state bar exam before or opportunity is about to come about by poverty, exciting things during VISTA service. "You won't get rich being a knocking at your door. start tp happen. Seeing change VISTA, Volunteers In Service that you've helped to bring about VISTA volunteer," Streck says, To America, a federal program for is a rather special reward in "but your life will be enriched. Women runners may be volunteer service in all 50 states, itself." And you'll be practicing a lot VISTA lawyers and paralegals, more law, in most oases, than a Bill. Bowerman, former U.S. interested in an address by will be at the SUNY Buffalo Law Olympic track and field coach, Brockport State's Doctors Jan School at 3:30 p.m., October 17, says Streck, may find themselves junior member of a large law firm. will lecture at 147 Diefendorf at Fetters and Marilyn Colby on for a general information meeting involved in a wide variety ofroles. It's an experience that provides a Volunteers, says Streck, are good foundation." 8:30 pm on Wednesday, October particular problems faced by in Room loBofO'Brian Hall.< 10.Bowerman will talk informally women runners. This will occur at For more information about Catherine Streck, VISTA expected to live in the community with runners at Sherman Hall on 4 pm on Thursday, October 11. recruiter and former volunteer in they serve, and at the same opportunities for volunteer service economic level. VISTA's are paid as a VISTA lawyer, attend the •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••■••••*••**• livin b expenses, transportation to information meeting, or write or and from the state of assignment, call the VISTA Recruiting Office, and receive some training and 317 Federal Bldg., Rochester, NY medical benefits. A stipend of $75 14614, (716) 263-5896. per month ■ is also paid to the Interviews may be arranged for volunteer for each month of October 18 by contacting the service when service is completed. placement office. -cont'd. from page J runners will be ECG stress tests, underwater weighing (to determine body fat content), and CYBEX strength tests. UB trainer Michael Reilly will talk with runners about athletic injurjes. . II Friday, October 12 at 2-4 pm. Later that day at 6 pm a free dinner for Skylon runners will be held at the Connecticut Street Armory (near the Peace Bridge on Niagara Street). Bowerman will speak at that dinner as well. . TODAY is day the last I to register for ! the BAR/BRI j Early Enrollment Discount 1 I ImIIHIHII i Opinion 8 JI | ! )I I | ! iMM.tMHmii>mMriiIHIINMMMMMMIIMIM«IIMIMIir October 11, 1979 INFORMATION rtETING: OCTOBER 17, 3:30 P.M. O'BRIAN HALL, SUNYAB LAW SCHOOL ROOM 108 PEACE CORPS • VISTA MEET WITH A FORMER VOLUNTEER W M SEE A FILM I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-10-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/11/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c29dbdea6108c529fd8225473c5d0053.pdf 39afab9e16133274990fe6dbcd7c64e6 PDF Text Text New SBA Leadership To Address Fiscal Problems by Paul Bumbalo First year student Doric Benesh was elected Student Bar Association (SBA) president in the fall elections held Sept. 19 and 20. Benesh received 174 of 452 votes or 38 per cent of the ballots cast To be victorious, Benesh needed one third or 151 of the votes cast. She had a comfortable victory margin over ,her nearest rival, Lewis Steele, who received 95 votes. Benesh said her first actions will be directed towards two areas. "The first is making 'appointments to the student-faculty committees and - Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 2 the SB A committees. These are important ! because so much of the school is run by these committees, especially the student-faculty committees. So the sooner these appointments are made, the sooner the students will have input into the running of the school," she said. Another issue which is to receive the SBA's attention, according to Benesh, is the resolution of certain budgeting problems. According to Benesh, "What was thought to be a $21,000 surplus is now a $5,000 surplus. Part of the problem seems to be that there may never have been a real surplus but a paper one appointments m■ also elected. They are Rocky D'Aloiso, Orest Bedrij, John Feroleto, Mark Suzomoto, Ellen Dickes and Patrick Dooley. In addition, three members of the Faculty-Student Relations Board were elected. The new representatives are Jeremy Nowak, Bob Elardo and Josanne Greco receiving votes of 152,150 and 148 respectively. A student referendum dealing mike shaplro with "the grading format for the Doric Benesh caused by the fact the SBA first year research and writing budget is planned in March before course offered interesting results. knowing certain allocations from The senior class, which was graded SUB Board which is on a under the H, Q, D, F format, September to September voted 55 to 35 to return to that system. The results, accounting year." Six first year directors were percentage-wise broke down to 50 Opinion State University of New York at Buffalo School of Law per cent voting for H, Q, D, F, 32 per cent voting for P/F and 28 per cent having no opinion. Fifty two per cent of the second year class, which was the first class to receive P/F grades voted to retain the P/F system while 40 per cent voted for the H, Q, D, F system. The first year class favored the P/F system, with 52 per cent casting votes in favor of P/F, 45 per cent for H, Q, D, F and 7 per cent with no opinion. From a school wide perspective, out of a total of 465 votes cast, 219 or 47 per\cent selected the P/F system, 205 or 44 per cent selected the H, Q, D, F system and 21 or 9 per cent had no opinion. Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 September 27,1979 Legal Internships Granted To Assist Senior Citizens by R.W. Peters non-volunteer public interest addition, since several law projects in the Buffalo area, and students had worked there in the Thanks to the committment taking note of the limited money past, BPILP was familiar with the and largess of the Student Bar going into this field, decided to organization's activities. The BPILP selection process Association (SBA) and Law jointly fund the summer was long and difficult. Ruth Review, two University of Buffalo internships. BPILP was formed in the Kennedy-Daise, one of the Law law students were given the opportunity of working on public Spring of 1979. The board Review members of BPILP, said interest law projects this summer. consisted of two members of Law she was "uncomfortable" at Jane Crosby and Vivian Lazerson, Review, two members of SBA, having to pick the people for the worked at the Legal Services for and Allan Canfield, assistant dean program. Thirty two people initially applied for tin: two the Elderly Project of Erie County of studentaffairs. $3000 was raised through positions. They were required to (LSEP/EC). The placement of the women contributions from SBA and Law submit a resume, a list of their was an outgrowth and end Review members, allowing the grades, and/or a letter from the , product of the Buffalo Public two students $1,500 each for the dean certifying their good Interest Law Program (BPILP). ten week internship. It was academic standing. From this information, the The organization was established paramount to the BPILP board to fund public interest law that the interns be paid a BPILP screening committee, comprised of Ruth internships for law students respectable stipend. otherwise unable to undertake, LSEP/EC specializes in Kennedy-Daise, Howie Grossman, for financial reasons, this sort of providing legal services to the Tony Leavy, Arthur Hall, Allan elderly and handicapped. It was Canfield, Ann Pfeiffer, and Maria badly in need of competent help Colivetti, narrowed the original 32 that could pay their own way. In candidates down to 15. The 15 were then interviewed by the committee, which usually sat en-bane. Seven survived the interviews, and were sent to Larry Faulkner, director of LSEP/EC, who ultimately chose Crosby and Lazerson. Both women had been involved previously with similar community related projects, and had long been interested in public interest law. LSEP/EC operates out of a suite of offices at West Genesee and Main. Besides Faulkner, the organization employs several staff attorneys, paralegals, and case workers. After a brief orientation, Crosby and Lazerson received their own caseloads. Both women were happy at Public interest law interns Jane Crosby and Vivian Lazerson. LSEP/EC. Both interns spoke of activity. The SBA and Law Review, recognizing the scarcity of cont'd. on page 8 courtesy of The Spectrum John Schlegel Ronald F. Bunn Bunn Brought Into Grade Controversy by Edward M. Sinker The law faculty, in the four weeks following final exams, must give "highest priority" to their grading responsibilities. This was the essence of a letter dated April 26 from Ronald F. Bunn, vice-president of academic affairs to Dean Thomas E. Headrick. Bunn, acknowledging late grades have been a recurring problem throughout the university, said, "The reasons for the lateness suggest the need for more careful planning by faculty of their time and commitments so that highest priority, once the examination papers are in hand, can be given by faculty to their grading responsibilities." Bunn's letter to Headrick, copied and distributed to members of the law faculty, was written at the request of Headrick. Headrick's past practices have been to remind professors of their deadlines, to keep track of delinquent grades, and to obtain a firm date as to when grades will be available. "There is little more I can do," Headrick said, "so when Dr. Bunn contacted me, I suggested the letter." Tony Leavy, former SBA president, initially contacted Bunn's office "as a last resort." Leavy denied that his letter to Bunn was in any way a pressure tactic. "We didn't take any rash action. This was the end of a long process. On Nov. 13, 1978, a committee was created to speak with the Dean. On Nov. 30, SBA adopted a resolution to be presented at a faculty meeting. The faculty never accepted SBA's proposal to sit down and talk. Nothing seemed to be happening. There was little the Dean could do in the way of sanctions," Leavy said. Professor John Schlegel, in a memorandum dated Sept 4, 1979, vehemently expressed his opposition to what he termed Bunn's "rinky dink" proposals. Maintaining that "learning was more important than grading," Schlegel proposed "grading will be done as time permits but in no cont'd. on page 8 �Vol. 20, No. 2 - • • Opinion rk Sept. 27,1979 Editor-in-Chief Randi Chavis I Managing Editor Amy Jo Fricano / ( L.—».— x—*-) lyjyjin J\ n nn News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Paul Bumbalo, Carol Gardner, Mike Rosenthal. / Contributors: S. Beaty, Alan Beckoff, Tim Cashmore, John Dußert, Marc Ganz, John Gruber, Joe Peperone, R.W. Peters, Edward M. Sinker, Karen Spencer, G. Taylor. Copyright 1979, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo -r r'- f 1 / ''T »■ —^x \ \ v^. Editorial Spring Elections Hurt Credibility Last week the Student Bar Association (SBA) held elections for President and first year directors. The zeal and enthusiasm with which the candidates approached the campaign was laudable. The number of candidates for first year director was double the number that ran last fall. Competition for the Presidency was invigorating as well. Maybe the selfish apathy of the seventies will metamorphose into a new-found activism of the eighties. We hope this activism will not fade away, that the candidates who were not elected and the people who supported them will not retreat. There are numerous other opportunities for those who wish to get involved. There is a need and a place for anyone whohas any desire to participate. However, as commendable as the substance of the election may have been, the scheduling ofSBA elections in general leaves much to be desired. Why did we just elect a new SBA president? As most of you are well aware, the current SBA president recently resigned. The fact is the last three SBA presidents elected in the spring all resigned. In addition, we have not had one president in the last five elected to, serve more than one-half a term of office. The root of the problem goes beyond the individual. It lies with the SBA as a whole for its policy of having presidential elections in the spring. Presidential elections, as well as elections for all other SBA positions, should be held in the fall. A person who runs for president during the middle of an academic year doesn't know what next year's commitments will be. People send out resumes at mid-year hoping to land part-time employment or compete for acceptance to one of the select law school organizations. In the fall, on the other hand, individuals can make plans for their upcoming academic year with a greater degree of certainty. SBA has chosen not to change their election procedure for three reasons. First, board members are afraid to pass on a budget in May without knowing if any of the directors are going to return to their positions in the fall. This rationale is unfounded in that the new board of directors can make any amendments in the budget they deem necessary. Secondly, the SBA is afraid there will be no one around to take care of SBA business during the summer. There are always a number of law students at school during the summer. The board could select a group of directors who would be staying in Buffalo to take care of any SBA business that arises. The third argument, that with the first and second year directors up for re-election, there would be no one left to put in charge of organizing the election in the fall, is unpersuasive. There is little potential for conflict of interest in having the outgoing directors run the election. The task of running an election is for the most part mechanical distributing petitions, checking signatures and organizing pollsitters. The term of the old board does not expire until the new board is elected. It would be incumbent upon the departing directors to carry out this final function. Thus the obstacles to fall elections seem far from insurmountable. Consistency is the cornerstone of a strong student government. It is needed to have credible input into the affairs of this law school. It seems hard to gain this respect and have the necessary input when our chief executive changes regularly at six month intervals. Our "consistency" and our "activism" must go hand in hand. Let us consistently be active together. X\\\ \ / ]( /v / //v I Y£a£ ] —.NA \r\G4t I \ / 6<OCiDCs \I/£i & ° /r^!n-\(P \\ // \ \ ' vi^L-— 1" Moot - 2 Opinion September 27,1979 W\\( f fAU W \AM £\£CT\D»Ei) •' SORRY! Correction: Last issue incorrectly indicated that Julie Rosenblum's name was Julie Rosenberg. Readers take note of Opinion article on Orientation. r �Moot Court - Problem To Be Distributed by Tim Cashmore The protfrem for the 1979 Charles S. Desmond Moot Court Competition will be distributed at 4:30 p.m. today in Room 112. The competition, which is open to all first- and second-year students, provides the basis for selection to the Moot Court Board. The Honorable " Charles S. Desmond, the former Chief Judge of the New York Court of Appeals for whom the competition is named, will speak on the art of oral advocacy at this afternoon's meeting. Judge Desmond, who is an alumnus of UB law school, will also act as presiding judge of the competition's final round on November 17. Joining Judge Desmond on the final panel will be Judge Matthew J. Jasen of the New York Court of Appeals, Judge Ellsworth Van Graafieland of the Second Circuit Court of Appeals, and Justices Michael F. Dillon and Richard D. Simons of the New York Supreme UB Alumnus Chairs Young Lawyers Section by Jon Dußert UB law school alumnus Michael Wolf is the new chairman of the Young Lawyers Section (YLS) of the New York State Bar Association (NYSBA). In an interview at his office in Buffalo's Ellicott Square, Wolf emphasized the practical benefits of YLS membership, which is automatic and free to NYSBA members age 36 and under. Wolf stressed the forthcoming "Practical Skills" programs. These will be held this fall in Western New York (in collaboration with NYSBA's Committee on Continuing Legal Education) at the Buffalo Convention Center and the Americana-Rochester. The first of these seminars, to be held bet. 30 through Nov. 1, 1979 will deal with probate procedure. This program will consider the administration of estates from the initial preparation of documents through - Court, Appellate Division. Competitors will have about five weeks after receiving the problem today to prepare a brief supporting either the petitioner or respondent in a fictional case before the Uryted States Supreme Court. Any student unable to attend today's meeting may pick up the problem in the Moot Court Office in the basement after the meeting. Briefs will be due November 2. Oral arguments will begin November 13, with all teams arguing at least three times that week. Semi-final rounds will be conducted on Friday, November 16. The November 17 final round will be followed by an awards WilliamKunstler spoke on organized revolution on September 14 the probate proceedings at time of death to the final distribution of assets, final orders, and fiduciary discharge. Testamentary trusts will be considered as a complement or alternative to the normal estate approach. by Marc Ganz The second seminar (Nov. 13 through 15) will cover New York William Kunstler, noted civil real estate practice. The property rights lawyer, preached organized transaction will be considered from formation of the purchase revolution Wednesday, Sept. 19 at agreement, through title search UB before about 100 persons. The and financing arrangements, to speaker, who defended the Chicago Seven and Wilmington the closing and recordings. Ten and is currently litigating, Wolf voted two other YLS native Americans' claims to lost projects. The "Bridging-the-Gap" lands, talked of organizing against series, expected to occur in the powers, the corporations, the Buffalo in August 1980, will give trans-national interests and "the Queen City bar admittees a powers that be." capsule course in Buffalo At a press conference courthouse procedures. A similar preceding his speech, Kunstler, program, conducted in job was "to encourage 60, said his Washington every two years, people who might plant the seeds guides new Buffalo attorneys people who want through admission to the U.S. of revolution overthrown." the government Supreme Court. He interwove the theme of organizing while discussing Palestinians ("They've been screwed"), anti-nuclear advocates, Kunstler Cries For Organization, Preaches Spread Of Rebellion "If "truth-in-testing" passed five years ago, 1 might have been in Law School now." Those are the words of an underemployed college graduate who received an LSAT score of 525. He was referring to New York State's new standardized testing disclosure legislation. Starting January 1, 1980 educational testing companies, such as the Educational Testing Service (ETS),. will have to make questions and answers available to students who request them, disclose all validity and cultural studies, and tell test takers what the standardized test will be used for and how the test will be reported to the graduate school. The prospective law student with a 525 score had reason to be sorry. Until the advent of truth-in-testing legislation, students had no way of telUng what the tests -were about, how they were being used- or if there were any valid correlations to achievements. The quoted student may have creativity or other talents the standardized test failed to register. The legislation will effect law schools' admission policies in the long run. Students and educational researchers will have Love Canal residents and law school reformers. When asked how UB law students could achieve change within the school, Kunstler replied, "It takes organization. More than that, if the law students want to get, as example, more third world students into school, they must overcome fear. The fear of the barassociation not letting you take the Bar exam or of the character and fitness committee flunking you." Kunstler denounced many leaders of the public interest movement. He said consumerist Ralph Nader and solar advocate Barry Commoner offer no real solutions, because they work withirf the framework of the present government. "That's why they get the grants," he added. He hit upon former Chicago Seven defendant Tom Hayden, — Truth-In-Testing Laws Forces Test Disclosures by Marc Ganz courtesy of The Spectrum banquet. Authority." CONFIDENT? YOU DET! more information to work with so that they can tell whether there is utility in taking a standardized test, as they are presently designed. Researchers will delve into the pertinent topics of racial bias and correlation with college grades. Truth-in-testing passed New York's legislature on the last night of the 1979 session. It was the only bill to pass the New York State Sehate containing a "no" vote from Majority leader Warren Anderson. A million dollar campaign was waged against the bill by ETS and the College Entrance Examination Board. They contacted every college president and every high school principal, urging them to communicate opposition to the bill to Governor Hugh Carey. The Medical and Dental Society has threatened not to give their entrance exam in New York unless the law is repealed. Presently there is a national truth-in-testing bill, designed to prevent harm to students in states which have passed testing legislation. Congressman Ted Weiss observed, "the testers could not pull out of the entire country; they would have to comply or go out of business." now heading the socialist inspired Campaign for Economic Democracy. Kunstler said Hayden's connection with Jerry Brown hurt his cause. He also mentioned he thought Hayden's approach was too soft. There is a sense of opportunism involved, also, Kunstler said. Governor Brown was Kunstler's law clerk in 1963. Kunstler preached the spread of rebellion, while talking of the injustices of the past brought upon the American natives and deceased actress jean Seberg. He sees Love Canal, West Valley, Indian Point and Palestine as areas where people ought to organize for change. "Rebelliousness keeps the leaders in line," Kunstler said. The audience seemed inspired by Kunstler's talk. As one viewer afterward said, "Question The feedback we have had from students who took our course for the first Multistate/New York Bar Exam has been so positive and enthusiastic that we know we are goingto have even more successful programs for our 1980 courses, Joe Marino. Mike Josephson and a group of hand-picked lecturers are ready to give you the best preparation available for the New York Bar Exam the most intensive and valuable practice on the integrated New York essays and the most insightful and helpfulapproach to the Multistate objectivequestions. If you can decide to join us before November 1, you can save a substantial amount of money and get a whole bunch of special benefits. If you enroll early you will: - '■'■.:.4 2 Save $110 on the course price. Save an additional $80 by getting our exclusive Programmed Learning System supplement at no charge. OSave an additional $40 by getting our exclusive Multistate Clinic at no charge. > 4 5 Save an additional $90 by being able to attend our early-bird New York Practice course by Arthur R. Miller at no cr *ae. Obtain a set of New York and Multistate outlines for use in school or for an early start (minimum $150 deposit required). Course Price until -MM: $025 Marino-josephson BRC 71 ■nOADWAY.ITih FLOOR.NEW YORK.NY 10006. 117/344«t» * SUNY/BUFFALO Ann Bermingham Patrick Curran Marino lui»»t fnnr FtapmmialMi 11 vout Cathy Kaman Jerry McGrier ichout Leonard Kirsch Carol Maue Philip Mclntyre James Ryan Dwieht Wells Mark Grossman September 27,1979 Opinion 3 �Legal Assistance Program Offers Varied Opportunities by Some of the best kept secrets the University of Buffalo School of Law revolve around the 81 credit hours required for graduation. For instance, the administration does not come right out and say that a student can graduate in 2'A years by taking 15 credits for two semesters (other than first semester freshman year) and by taking two courses during each of the two summer sessions. Nor do they make you aware that several of the course offerings in the third year carry four credit hours (remember first semester, first year, when everything but civil procedure was four credits). It would be beneficial to know these facts when choosing courses for thesecond year. New York Practice and Trial Technique are two four credit courses that are open to the entire senior class. Another four credit course that cannot accommodate as many students is know as the "Clinic." The "Clinic," known to the community outside the law school as the Legal Assistance Program, is a law office composed of third year law students. The Students are assigned to a specialized component for the semester they work in the clinic. Among the components offered are criminal law, family law, education law, welfare and habeaus corpus. The "Clinic" offers the student the opportunity to obtain his or her baptism of fire early in one's career. This baptism can take at BUTTNOSE 4 student had better be prepared. tense courtroom drama can even This is especially true in City give rise to laughter. On the Court where matters move along lighter side, only in the clinic so quickly that there is no time could you hear about people calling the police on themselves; for consultation. Whether the student looks could you find a person charged upon himself as prosecution or with violation of a city ordinance jurisdiction, appear in family defense oriented the experience is being interrogated by the F.8.1, court, appear in city court or invaluable because the student and could you find a person argue before an administrative will be able to make an educated (admittedly in need of counseling) choice as to whether this is really charged with the violation of a agency. For any student toying with the type of law one wishes to city ordinance, attempting to plead guilty to manslaughter. the idea of entering the field of practice. After some reflection some Not to be overlooked is the criminal law, the criminal the clinic should be of component a must. The clinic offers a taste of Law the entire criminal justice system. Preconceived notions will probably fall by the wayside after one experiences the courtroom Sunday, Sept. 30, work group. The experience of $5M practicing in City Court will offer Course a new perspective on the system, a perspective that may leave one wondering whether it is the law or Entry Blanks available at Admissions & Records the procedure that is more window. Entries close Friday, Sept. 28 at 4 p.m. important. The student will have to deal with personal and ethical considerations that revolve around the primary method of disposing of matters, that is, plea bargaining. The opportunity to actually practice criminal law is an experience that everyone in the component shares. Few students will have graduated from law school having already conducted a ■ misdemeanor trial or a felony preliminary hearing. There is no pretense in roles here, from the arraignment to the final disposition the student is the Musicians Needed. lawyer. The supervising attorney is there for consultation before Please see Cindy Halm, Room 312. and after, but once that case is called before the judge the in any one of several forums, depending upon the component the student is in. The opportunity is available for students to argue habeaus corpus petitions in federal court, appear before state courts of general place John Gruber COMUbHrg) 11*) By CAtAPOS Censes Opinion September 27,1979 Second Annual pure excitement of the clinical experience, one's first courtroom appearance and the opportunity to defend real people instead of law school hypothetical really gets the adrenaline flowing. Just one other thing, those four credit hours can be translated into work, work, work. Not only is much more than classroom time involved but you'll also be known to miss a few classroom hours in other courses. School Golf Tourney 1979 Audobon Golf Dean's Dash i Friday, Oct. 5 I j 3 PM j Drinks - - Third Floor j Snacks Music \ For Sale: Two 50% American Airlines discount coupons. Call 655-1735 after 5 p.m. All students interested in taking a one-credit Ethics course, please sign the yellow sheet on the bulletin board in the mailroom. This is your last chance! Resumes, papers, TYPING cover letters available at — — reasonable rates — check with secretaries in Room 419 or 523. Phone: 636-2080. I'm interested in buying or renting Ist year hornbooks. Specifically Prosser for Torts and Emmanuel for Civ. Pro. Please call Julie, 691-9345 or mail box 250. For Sale: mattress and box springs in good condition. Price negotiable. Call Carol at 836-3052 after 5 p.m. or leave a note in Mailbox-654. BY KELLY& LEVINE �off co correor c ' September 27,1979 C19798AR/BHI Opinion 5 �Culinary Counsel Food For Thought: Librarians Catalog Recipes with Cucumber gravy depends on the success of this crucial first step. Add boiling water to cover the meat and 1 Ib. can salmon, drained and simmer slowly for about two hours. The pot should have a flaked tightfitting lid. The Rouladen 1/2 mayonnaise should be very tender without 1 can cream of celery soup 1 egg, beaten falling apart. Remove the Rouladen to a hot 1 c. dry bread crumbs platter and thicken the gravy by 1/2c. chopped onion adding a flour and water mixture. 1/4 c. chopped green pepper Season to taste and allow to 1 tbsp. lemon juice simmer for at least 10 minutes. 1 tsp. salt The Rouladen may be returned to Combine everything and pour into the gravy to keep them hot and greased loaf pan. Bake 1 hour at moist. Add sauteed mushrooms if 350. Serve with cucumber sauce: desired. Mix 1/4 mayonnaise, 1/2 c. sour Serve with mashed potatoes or cream, and 1/4 c. chopped German type potato dumplings. cucumber. Anna Marie Gilaniprocesses all Marcia Zubrow helps us all find the orders for books, periodicals, our way around as the head of looseleafs, audiovisual materials reference. Expecting their second and microforms in the child in November, the Zubrows Acquisitions Department. She is love foreign food. Straight from where it all starts and provides us their years in the Southwest with a variation of a favorite appetizer. The secret is in the comes: seasoning! Chile Rellenos Stuffed Mushrooms 3 extra large eggs, separated 10 large mushrooms, stems 1/4 tsp. cream of tartar chopped 4 canned whole green chiles 1 small onion, chopped (not jalapeno) 3 strips green pepper, chopped Use fresh, if available, and 1 stalk celery, chopped toast them to peel off the skins. 1/4 c. Monterey Jack cheese, cut into 4 pieces, 1" x 1" x 4" 1 tbsp. flour salt and pepper to taste 1 tbsp. butter grated cheddar cheese Salmon Loaf Sauce c. I by Karen Spencer For this issue (and the next, due to an overwhelming response) I turned to my colleagues in the library. We are forever exchanging recipes and looking for excuses to have a party: birthdays, un-birthdays, end of term, beginning of term, new staff, departing staff, babies, ad infinitum. At the drop of a hat, we will gather to feast! Included here will be something for everyone ethnic dishes, main dishes, veggies, desserts and for the real sweet-toothed, a chocolate candy. In the interest of space, the sweet things will appear next issue. Hope you enjoy them and will get to know us a little better as a result. — I 1 Doris Williams pays our bills in the Acquisitions Department. She is a non-measuring cook, "Just add some until it looks good!", and offers us her: Chicken Zuchinni a la Doris 1 frying chicken, cut up Sliced onion, green pepper, zuchinni Cherry tomatoes, halved Salt, pepper, flour, sugar, and basil Saute onions, green pepper in a large frying pan. Remove. Flour and season chicken and brown in pan. Add onions, peppers zuchinni, and tomatoes, 1 tsp. of sugar and a lot of basil. Simmer 20 minutes or until chicken is tender. Rubin Bandel is our foreign law specialist and also keeps the Faculty Library in order. From Rumania he brings us his recipe for Remove seeds from green chiles but keep chiles as whole as possible. Stuff each chile with a piece of cheese. Set to one side. Sprinkle cream of tartar over egg whites and beat until stiff. Fold yolks, flour, salt and,pepper into egg whites. Melt butter in large frying pan. Add 1/2 the egg mixture in four separate spots, shaping to the size of the stuffed chile. Place chile on top of egg mixture and then cover each chile with remaining eggmixture. Cook over medium heat until bottom layer is lightly browned and turn over carefully to brown second side. Remove to serving dishes, sprinkle with cheddar cheese, melt under broiler and serve. Annegret Richards manages the enormous task of ordering, record keeping, and balancing our Stuffed Grape Leaves budget, and acquisitions and Immerse grape leaves in boiling serials librarian. From her German water for two minutes. Make a background comes a recipe for: stuffing of ground beef sauteed with salt and pepper and a little GermanRouladen cooked rice. Place a spoonful of stuffing at the base of the leaf, Ask a reputable butcher for turn in the sides and roll up. Place Rouladen. They are cut very thin them in a pan with a little hot oil, from the top round of beef and add water and simmer for about then pounded even thinner. You 20-25 minutes. In the last few need one large slice per serving. minutes, add 1-2 tablespoons of (Lewis Meats at Evans Super tomato sauce. The juice should Duper does it well.) Season with then be sweet and sour. If not, salt and pepper. Fill each with a add a little lemon juice and sugar strip of raw bacon, cut into small to taste. Serve them with a little pieces and a tablespoon of sour cream. chopped onion. You may also spread beef with mustard and add Mabel jepson administers one some dill pickle. Roll and tie them half of the library as head of up tightly with thread. This step is technical services. Although she is important so they don't fall apart. favored for her baked goods and Heat a little oil in a Dutch oven her thoughtfulness, her Salmon and brown the Rouladen thoroughly. The flavor of the Loaf looks just as good! Opinion September 27,1979 6 Chop mushroom stems. Melt 3 tbsp. butter in frying pan. Add 1 tsp. salt, 1/2 to 1 tsp. cumin, 1/2 tsp. cayenne pepper. Cook 1 minute, add chopped vegetables and quickly stir fry over high heat. Stuff mushroom caps and bake at 350 for 20 minutes. Kathy Carrick as assistant director sees to it that we are all doing our jobs and that we are all happy. If you have a complaint or compliment, take it to her. Her salad recipe below is indicative of her healthy diet! / Pickled Carrot Salad 1 Ib. carrots, cut into strips 1 Ig. onion, cut in rings 1 Ig. green pepper, cut in rings 1 Ib. mushrooms, sliced , 1 head cauliflower, in pieces keep for three weeks. Linda Cohen is the head of cataloging and sees to it that our books are arranged in a logical order. Linda has been with us a long time -and as a recent graduate of this law school has appropriately offered us her minutes, drain. Mix remaining over squash. Top with Buttered crumbs. Bake 25 minutes at 350. Ba Ba Ghanouj ingredients and pour Here's a simple little appetizer from Opinion writer R.W. Peters to whip up for your next soiree. It's fairly simple to make, and is a Watergate Salad great favorite of hungry gourmands. I'm pretty sure the 1 large can crushed pineapple compote has some minimal 1 pkg. instant pistachio nutrjtional value as well. pudding 1 can fruit cocktail, drained 1 c. mini-marshmallows 1 mcd. Cool-Whip Mix pudding into pineapple. Add fruit cocktail and marshmallows. Add Cool-Whip. Mix and refrigerate. Shirley Choises has been with the law school since it was downtown. As a member of our circulation staff, she tends the Reserve Collection and records statistics. Someone who enjoys good food, she brings us her delicious Potato Cheese Pie 3 eggs 1 tsp. salt 1/2 tsp. rosemary or nutmeg One medium to large ripe eggplant Sesame butter (tahini) One clove garlic, or garlic powder one halflemon dash salt dash paprika dash pepper Put eggplant in oven, at 400. Let bake for about 40 minutes, or until soft. It is sometimes advisable to sit eggplant in a shallow pan of water while in oven. Prick eggplant with, knife, lest it explode. When eggplant is suitably mushy, take out, cut in half, and scrape out contents. Discard skin, unless you can find something to do with it. In mixing bowl, add mashed garlic clove, three tablespoons of tahini, and salt and pepper to eggplant. 1 c. milk 1 c. half and half Mix well, Add squeeze of lemon. 4 mcd. potatoes, peeled and Spoon into serving dish, sprinkle shredded coarsely with paprika, and chill for 30-40 1/4 tsp. pepper 1/2 c. sliced green onions including the tops 1 c. grated sharp cheese Beat until blended eggs and seasonings. Stir in remaining ingredients. Bake in a greased 8" square pan at 400 for 35 or 40 minutes. Serve hot or cold. minutes. Serve with crackers, middle-eastern "Pita" bread, or with assorted "dipping" vegetables. Antidote in next issue of Opinion. The sweetest is yet to come! Watch for the next issue of Culinary Counsel. loan Holmden supervises the use of our computer terminal in Restaurant of the Bi-Week cataloging, OCLC and maintains the card catalog. An avid Ming Teh's gardener, she is forever in need of 126 Niagara Blvd. new vegetable recipes Fort Erie, Ontario . Summer Squash Supreme Sauce: Combine 1 can tomato 6 c. squash, cubed soup, 3/4 c. vinegar, 3/4 c. oil, 1 1 /4 c. diced onion c. sugar, 1 tb. salt, 1/2 tsp? 1 can creamed soup pepper, 1/2 tsp. dry mustard. 1 c. sour cream Steam carrots and cauliflower 1 c. grated Carrot until just tender. Pour sauce over salt~and pepper all vegetables in a large bowl. Toss and refrigerate overnight. This will Cook squash and onions five Just across the Peace Bridge is the greatest Chinese Restaurant this side of San Francisco's and .New York's Chinatowns. Small 'and personal. The chef is the owner and his wife the manager. A Ittle expensive but worth every penny. Szetchuan food. Chinese cooking as a work of art! Open every day of the week. �Pep Talk Was Tight-Wad WiUon Cause ofBills' Downfall? - by JoePeperone This is a story of pain, frustration and heartache. Broken promises and unfulfilled dreams. Money and incentive. The Buffalo Bills. I've grown up with the Bills, For ten of the last twelve seasons, I've suffered with the Bills almost every Sunday afternoon, as have so many other people in this town. We go to the games, cheer, cry, get angry, or just sit in front of the television and do the same. But things don't seem to get better. Perhaps this year will be different. I think the team will be 7-9 this season. Perhaps the Bills will even be good by next year. They just might. Perhaps the Bills will be a force to reckon with in the 80's, a well-oiled, constant winning machine. I doubt it and most of the fans who have followed the.team over the years agree. They've seen this scenario of events before. In the mid 70's a playoff team, a powerful winning team, playing before a sellout crowd of 80,000 every game, on the verge of a dynasty. And two years later seeing the team only win two games out offourteen. The Bills have a reasonably good team this year, and it will get better. But the fact they probably won't stay good is (although I'm biased) a tragedy, and an example of what is wrong with sports in this country. Professional sports in the United States is big business. Most observers of the sports scene realize this and accept it. Basic economics: businesses exist to make products and eventually profits. If a company makes a good product, people will generally buy it and the company will realize a profit. If that same company makes a bad product, which doesn't satisfy the public, they will suffer a loss. And if a company has an inferior product and wants to make a profit on it, make it better, the company will invest in improvements. What does that have to do with football and the Buffalo Bills? It is relevant because of the fact professional football, though a business, is immune to these business "laws." Due to the public's insatiable demand for televised football games and the three networks' cognizance of that fact before the first block is thrown for this season, each National Football League (NFL) owner will receive in excess of five million dollars from the networks for the right to televise NFL games. It can safely be said from what statistics are available, no NFL team has a total payroll of more than that figure. The result is, no NFL team is capable of losing — - money even if they played all their games in front of 80,000 empty seats! Thus, if you're guaranteed a profit year after year, why invest extra money you may not get back? This is the situation with the Bills and their owner, Ralph Wilson. The Bills were conceivably on the verge of a dynasty in 1974. They had been to the playoffs, led the NFL in attendance for two straight years and had the youngest team in football. People who knew-the game predicted the team was only one or two players away from being a Super Bowl contender. The Bills sold out every ticket for every game. Wilson was getting maximum return on his investment. Contracts were coming up for renewal, contracts of quality players who had done a quality job. Free agents from other teams, starting, all-pro' players, were looking to Buffalo as the place to Record Rack play, because the team seemed to be on the rise, but they wanted money commensurate with their abilities. Wilson finally made his decision on all these contracts - no. No to Ted Hendricks, an all-pro linebacker who could have shored up a vital area in the defense. Wilson refused Coach Lou Saban's pleas to sign Hendricks. «. No to Ahmad Rashad, one of the best receivers in the league who was playing out his option. It was a quick journey back to the bottom. After a fast start in 1975, the team finished 4-6 and missed the playoffs. O.J. asked to be traded, and Saban quit five games into the next season. So now we're in the Chuck Knox era the rejuvenation of. the Bills. Wilson has vowed he will help the team rise to the Super Bowl. The team drafts the top college player in the country — — linebacker Tom Cousineau. The Bills pumped him up, told him he was our salvation, and then watched helplessly as he signed to play in the Canadian Football League. Wilson said Cousineau was offered the biggest rookie contract ever. Cousineau disagreed. More dreams shattered, more jokes heaped upon the city. Wilson will probably never put up the money to guarantee quality players to the Bills. Curtis Brown, Roland Hooks, Fred they will get better, Smerlas perhaps great. The team will start winning consistently again, the fans will fill up the stadium again. But until Wilson learns his lesson and realizes you have to spend money to make money, despite his guaranteed profit, the Bills will never be a power in the NFL. Here are the answers to last week's quiz, you cowards (no correct answers). . — 1) David Thomas 2) Memphis 3) 10 4) Jim Thorpe (the team was made up of American Indians) 5)1967 6) Phil Esposito 7) Plasse, a goalie, scored a goal. 8) Most fumbles in one game 7 9) In May 1894, John McGraw, playing for the Baltimore Orioles, got into a fist fight with a Boston' first baseman. Soon, both teams were fighting, and the battle spread to the stands, which were set on fire. The entire ballpark burned to the ground along with 170 other Boston buildings. The memories of that incident were so bitter that when the N.Y. Giants, with McGraw managing, won the National League title in 1904, McGraw refused to play in the World Series against the Boston Braves of the American League. 10) Philip Cavaretta, Chicago NL 1934-53;Chicago AL*54-55. - Bee Gees Concert Spans Generation Gap by Mike Rosenthal The Bee Gees came to Buffalo for the first time on Friday, September 14. The show at the Memorial Auditorium included selections from every period of their history. The Bee Gees have been around for a long time, and if Friday night was any indication of the future, they will be entertaining for a long time to come. It has been sixteen years since phase one of the Bee Gees' career began. This phase, confined to the continent of Australia, saw their first official release, "Three Kisses Of Love," go top twenty. By 1966 several subsequent releases established them as the top band in Australia. 1967 was the year in which two began. Signed for international release, the group again was successful. The American audience reacted very favorably to the band, and their first single, "New York Mining Disaster 1941," is still considered to be, by many, the quintessential Bee Gees song. The work of the Bee Gees during phase two highlighted the vocals of Robin Gibb, and the harmony of the brothers. One of the most notable exceptions, however, is the song which became the biggest seller of this phase, "Words." This cut emphasized Barry's vocals and downplayed the usual harmony. Phase two ended with Robin's decision to pursue a solo career in early 1969. phase then, slowly, by the end of 1972, fizzle out again. Currently the Bee Gees are riding the crest of phase five. In 1975 with "Jive Talking," the group incorporated rhythm and blues, as well as disco, into their familiar style,* and produced another distinctive sound. For the first time, this phase saw their albums begin to sell better than their singles. However, their success with singles has continued; their last six consecutive singles have hit number one, something only one other group, The Beatles, has ever done. This period has also seen them develop a reputation as major songwriters, having penned hits for Olivia Newton-John, Frankie Valli, Andy Gibb, Samantha Sang and several others. The audience on Friday at the Aud accurately reflected the diversity of the following the group now has. There were people who had become fans during all of (heir major phases, parents of some of those who recently became fans, and several people curious to see and become part of a truly major concert tour. The Bee Gees disappointed no one except those expecting to see a slipshod performance. The instruments were, in volume and execution, evidence of the perfectionism for which the brothers have long been famous. The special effects were fun and added much to the atmosphere, but as they should, always played second fiddle to the music. Most important, the brothers seemed to love performing, a pleasant change from the majority of rock artists. ■The program was full of songs from every major phase of their career, with no single phase really being dominant. The group opened with "Tragedy," replacing the thunderclaps of the record with explosions of light and sound. "Edge Of The Universe" followed, accompanied by the use of a rainbow laser and stars circling around the arena to make for a very appropriate atmosphere. An addition of a horn section in "Stayin' Alive" breathed new life into a very overplayed song. •* The rest of the show included "New York Mining Disaster 1941," "Run To Me," "Too Much Heaven" (reset into a sound much like that of their second phase), "Holiday," "I Can't See Nobody," "Lonely Days," "I Started A Joke," "Massa- chusetts," "How Can You Mend A Broken Heart," "Nights On Broadway," "To Love Somebody," "Words," "Wind Of Change," and "Jive Talking." The encore was a spirited version of "You Should Be Dancing." Conspicuous in their absence were such hits as "How Deep Is Your Love," "Gotta Get A Message To You," "Fanny (Be Tender With My Love)," and their current single "Love You Inside Out." However, the professionalism, enthusiasm (of both the audience and the group), and the diversity of the program presented more than made up for the omissions. The musicians were all excellent and two must be singled out for their outstanding work. Blue Weaver on keyboards and Joe Lala, who had a field day on percussion, made it a night to remember. The Bee Gees are survivors. Their concert showed they intend to survive, to grow, and overall, to turn out music that will be loved by more generations of fans than any act, other than the Beatles, can hope to reach. Phase three was an intermediate phase in which Robin's solo career began with a well received single, "Saved By The Bell," and then fizzled. His brothers released one unsuccessful single. Phase four began very strongly in late 1970 with "Lonely Days," saw them achieve their, first number one single, "How Can You Mend A Broken Heart?," and The Bee Geesput on an inspiring performance at the Aud. on Friday, September 14. September 27, 1979 Opinion 7 �Bunn Expects Grading To Have Highest Priority cont'd. from page 1 event will it be delayed A) beyond the termination of the following semester or B) so as to impair a student's ability to graduate." The law school's present policy requires grades be reported within four weeks from examinations. "Grades should not be a concern," Schlegel said during a telephone interview. "Virtually no one flunks out of this place. Professional schools must build professional self-confidence." Schlegel emphasized he was not insensitive to first-year students' anxieties over early grades, but exclaimed, "My students are better than their own insecurities make them out to be. They do not see themselves as . deductible from the delinquent professor's paycheck. "It's probably not legal and, in any event, not worth the time of implementation," Headrick said in response to the idea. Professor William Greiner said students would have to make a choice between promptly graded exams or better course quality for the subsequent semester. Assistant Dean for Student Affairs, Allan Canfield said, "Pressure tactics by students worsen the situation. Cool it! A more reasonable middle ground should be sought." Professor Wade Newhouse said, "The present standard is more than reasonable. There are no acceptable reasons for extending it." On the lighter side, Professor Fred Konefsky said, "Don't bother me. I'm old and tired. Regardless of what I think of being taught in this field, and Bunn's letter, I don't think I will little if any mention of the subject support Schlegel's proposal. is made in classes. The two However, Konefsky quickly concurred in their belief that the added, "I still love Schlegel very American Bar Association (ABA) much!" Several professors, who wish to should encourage, throughout the legal profession, a commitment to remain anonymous, expressed -public interest law. They feel the contempt for Bunn's "meddling in ABA should assume some of the the affairs of the law school." One responsibilities for funding the professor argued Headrick could not handle the matter himself work. because he was the biggest Kennedy-Daise was pleased the first internship went as well as it did. The organization would like to increase the number of internships and'the variety of by S. Bcaty programs, she said. BPILP is and G. Taylor currently in the process of incorporating, which will enable it In order to affirm and to solicit funds on the open completely establish my market, and possibly make it independence I bade Mom and goodbye more attractive to those wishing Dad a brief but tearful the last of my to donate. Kennedy-Daise and took memorabilia home. prepubescent perceives the public interest law Every twenty-seven year old law programs as having a three-fold student, I reasoned, is mature, purpose: helping the community, responsible and capable of living helping the participating students, alone without benefit of Mom, and improving the law school's Dad, husband or the like. Single, reputation. She hopes to see independent and about to embark BPILP become a well-established on the proverbial quest for ongoing, and viable organization, knowledge. Thinking I had scored a mental with an elected board, and adequate funding for public coup, I dashed over to Coles for a couple of quick jolts and settled interest law. back on my favorite stool (insiders realize I rarely indulge in anything stronger than Diet Pepsi) and awaited the kickoff. As usual, in a maudlin moment of feckless felicitation I had given my tickets away. Thus it was my sorry fate to watch our heros taking their trim figure. weekly lumps while I sat propped In these days of presenting our on soggy elbows, listening to fictional heroes "warts and all" fifteen drunken Irishmen telling (e.g., Supermani), how could it me "what I would do if I were in hurt to show that masked man in there." his later years? When John Wayne, So, .here I sit.. .trying to a real fictional hero, was no longer surmise where all that maturity a spring chicken he managed to and pseudo-intellectuality that I portray a convincing heroic assumed was inherent in figure: witness Rooster Cogburn acceptance to law school is. God knows, the last three construction in True Grit. workers I told., were are If anyone should sue for unquestionably impressed. Soseem my parents. Dad and Mom breach of image, it is the native confident I have acquired a thirst Americans for having to put up for academia which will equal if with Ton to. not surpass my notorious lust for life. Mom has a "Paper Chase" A California court granted a image of UB which frankly, I'm in temporary injunction last month no hurry to dispel. She regards me enjoining Moore from wearing his as safe in the womb of black mask. But rather than riding almost-eastern middle class off into the sunset, Moore has Americana (surrounded by taken to wearing large sunglasses. preppies and high achievers). It's I, who attend this As Roy Rogers might say, amazing licentious hotbed, have such a "There's more than one way to different point of view. skin a cat." Admittedly, I enjoy the whole good as they are and that lack of he says. His proposal would self-image and confidence is preclude the law school from infuriating!" dropping anybody for academic Schlegel's lax grading proposal, reasons until one-halfof their way not coincidentally coming at a through law school," Headrick time when Bunn expressed a said. stronger stand, elicited much Asked how he felt about the response from faculty and current four-week deadline, students. Headrick replied, "It is difficult Bunn maintained Schlegel for certain professors, but not "misreads the point. A leisurely impossible for anybody. The approach to complete grading important thing is for students to within four weeks doesn't know when they can expect their interfere with learning." grades." Headrick said Bunn was' Faculty response to Schlegel's "amused" by Schlegel's proposal. proposal ranged from Al Kat/' Headrick would not characterize apathetic, "No comment...! don't Schlegel's proposal as vindicitive, care" to Barry Boyer's interest in but neither is it feasible, he said. a penalty scheme presently in "Schtegel's proposal was not effect in Michigan. The system workable. He doesn't mean what would assess a pecuniary penalty Public Interest Interns Aid Elderly cont'd. from page 1 the experience as a boost to their by senior welfare officials towards already strong commitment to the aged. The women came away public interest law. from this summer's experience "From the beginning, LSEP was very receptive to the presence of Vivian and myself. We were included in all staff meetings, office atmosphere was cooperative," Crosby said. The staff "sought to accomodate the law students, to enrich our understanding of the areas in which we were working, and to give us the feedback and guidance which law students so greatly need," Lazerson said. Lazerson defined her duties as being in two distinct categories intake/direct advocacy work, and research/drafting/writing work. Both were pleased to find themselves dealing directly with clients. "One of the most rewarding aspects of working for LSEP was personally handling cases. The internship was unique in this regard, since most firms do not permit students to handle cases," Crosby said. Both interns told stories about the local welfare bureaucracy and its treatment of the elderly. There were tales of dissimulation and obstruction, of the elderly and the infirm waiting for hours on long lines, of rude and callous behavior — with the conviction that many more excesses are continuing unchecked. Victimization of the elderly and infirm is a thriving business in Buffalo, they said. Both Crosby and Lazerson agree more programs must be instituted to check this disturbing state of affairs. The two became familiar with the entire spectrum of local, state, and federal welfare programs. They dealt with problems relating to Supplemental Security Income, Social Security, Food Stamps, Medicare, Medicaid, and Emergency Assistance. Both women did legal research during the ten week period. Lazerson was involved in writing of affadavits, and responding to a plaintiff's complaint. Although supervised by senior paralegals, the two said they were allowed a great deal of independence in their approach to problems. Both women have been asked to continue working through this fall. The interns would like to see a greater involvment of the law school in public interest law. They said at present, no courses are Lone Ranger Rides Into Sunset by Alan Beckoff Last year a San Francisco accountant sued a woman for breach of an oral agreement after she stood him up. His claim for damages included the value of his services (that is, income he lost because of time spent driving to and from San Jose), the cost of his gas, and the price of the non-refundable theater tickets. The judge told the plaintiff it was better to have loved and lost than not at all, and dismissed the action. It is lawsuits such as this one that are making the United States an extremely litigious nation and bringing lawyers into well deserved ill repute. This is a one-man crusade to expose the follies of the legal world. Any infliction of emotional distress is purely intentional (so sue me!). 8 Clayton Moore, who portrayed the Lone Ranger in films and on television almost 30 years ago, had been making a living lately by showing up at conventions and fairs in his full Kimosabe regalia. But a corporation with plans for a new feature film maintained it had exclusive rights to the Lone Ranger character and brought suit against Moore to prohibit him from making his public appearances. It claimed that Moore, who is now over 60, was tarnishing the image upon which its future profits are based. It is not necessary here to get into the technicalities of copyright law. The real issue is age discrimination against heroes. Moore insists he has kept himself in good physical condition (a fact attested to by news photos) while the plaintiff's lawyers argue some vague notion about the Lone Ranger having to be a young and Opinion September 27, 1979 violator of the present four-week deadline. Student response varied, but was no less colorful. Second year student Doug Wassar said, "If learning is more important than grading, as Schlegel maintains, then the school should abolish grading!" "As long as professors' incomes come from the school to teach students," third year student Lewis Steele said, "students must be given priority. The lateness in which a professor turns in bis grades is indicative of his priority of preference." "I'm not sure what the purpose of Schlegel's proposal is," said Leavy, "but prolonged grade-reporting creates hassles not only for the students but for the Admissions and Records Office as well." Third year student Shelly Cohen said he thought it was "unprofessional the way some professors carry on. They should prepare for their responsibilities as they expect us to be prepared." Bunn admitted he did not know whether or not his proposal had been implemented. When asked what steps he would take if the law faculty disregarded his letter, Bunn said, "Dean Headrick and I would. review pretty carefully other alternatives." Apron Strings Are Cut experience tremendously. I almost revel in the confusion. I must have, the hang of it as I become panic stricken at the thought of total comprehension. I love parading around the library holding obscure volumes while looking intelligently perplexed. In spite of all this, however, there were some things the orientation committee somehow neglected to mention: In regard to the impression that everyone (except me) would be able to converse fluently in high Latin legal lingo by the second week: this is true. However, don't lose your grasp of the mother tongue; most communications will be in English (or a reasonable facsimilie as in the case of Section three). Ignore the rumors: Katz isn't over 40 and no longer subscribes to Gentlemen's Quarterly: Hyman does not converse solely in Latin nor will he devote the entire fall semester strictly to Vosburg v. Putney; a double dose ofSchlegel is not lethal (possibly stupifying but not lethal) and his socks have been known to match on occasion. If you feel totally inept or were never the type to make an impression sit in the front row. Rumor has it professors really can't see below row three and if by fluke they can, you're so low it is impossible to look at them without your neck craning in that adoring "I look up to you" posture. (It has to provide a well deserved psychological boost.) Finally, spend a few hours practicing in front of the mirror. Attempt to master that quizzical "on the verge of total comprehension" look. It is far superior to a straight face or look of concentration in that one appears to know enough to ask questions and mentally wrestle with big issues. Never nod approvingly as if you're on top of it most likely you aren't and you'll alienate classmates. — — - — — - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-09-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/27/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e58a802714e37814f6cd9b8e80b71f2d.pdf e04ea8f73ca027ac08552eefb3fac883 PDF Text Text SBA To Hold Election For President, Directors by Paul Bumbalo resignation will become effective on September 21. Elections for Student Bar Wolffe resigned for personal Association (SBA) president, six reasons associated with her being first year directors and three Faculty-Student Relations Board (FSRB) representatives will be held September 19 and 20. Leslie Wolffe, who was elected to the SBA presidency last February, resigned during the September 4 SBA meeting. Her Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 20, Number 1 accepted by the Buffalo Law Review, according to Ted Donovan, SBA secretary and chairman of the election committee. The FSRB positions have been filled by appointment in the past. This practice was curtailed when recently discovered the by-laws require these positions be filled by a general election among the student body. The FSRB is a faculty-student grievance board. Also on the ballot will be a grade referendum. Unlike the referendum of last year, this one will be narrow in scope pertaining solely to the freshman research and writing course. The Academic it was faculty Policy and Program Committee and job hunting. (APPC), chaired by Dean Tom "The S/U grading format may Headrick, is considering changing have caused problems for the grading system for this course back to the H, Q, D, F format. It appears the Satisfactory/ Unsatisfactory manner of grading the Spring 1979 research and writing class did not produce the desired results. Research and writing is an important course in terms of personal development Opinion State University of New York at Buffalo School of Law prospective employers attempting to evaluate students or possibly the problem may simply be related to a lack of motivation," Donovan said. The purpose of the referendum is to provide student input into the decision-making process of the APPC. Opinion John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 September 13, 1979 Freshmen Law Students Receive Warm Welcome by R.W. Peters - mike Shapiro Excerpt from the NLG pamphlet "Buffalo Law Students Survival Handbook, " which was banned from the OrientationPacket distributedto entering first year students. SBA Angered By Orientation Decision by Carol Gardner The Student Bar Association (SBA), at its first meeting of the year, voted to express their "dissatisfaction and displeasure at the decision of Allan Canfield and the Orientation Committee to exclude the National Lawyers Guild (NLG) handbook" from the freshmen orientation packet. The vote for the resolution was 5-3. The National Lawyers Guild, an SBA recognized student organization at the law school, had not been permitted to include its pamphlet called the "Buffalo Law Students Survival Handbook" in the freshmen orientation packet put out by the Orientation Committee. The National Lawyers Guild had been given $100 by the SBA last spring in order to have the pamphlet published. Although the SBA also funded the orientation program, SBA directors, the members of the Orientation Committee and Canfield, Assistant Dean of Student Affairs, all admit the SBA did little else. Ted Donovan, Secretary of the SBA, described the Orientation Committee as "not a student-faculty committee, not even an SBA committee. Any interested student could serve on the committee." The lack of supervision of the Orientation Committee by the SBA contributed to the preclusion of the NLG pamphlet from the information packet. Joe Peperone, an active Orientation Committee member responsible for assembling materials for the packet said, "The SBA never gave -cont'd. on page 8 polled. some of the finer public houses in Doric Bcncsh, one of the and around Buffalo. According to some first year second year students on the On Wednesday, the various students this year's freshman Orientation Committee, was section teachers met with their orientation was a smashing pleased with both the improved students and gave brief course success, but to others it was a attendance and the increased descriptions and advised those confusing medley. The organi/ers enthusiasm on the part of those assembled what to expect. After of the three-day operation were, attending. Bcncsh was no doubt ihc meetings, some students held for the most part, second year law particularly impressed with the individual conversations with the students and law school enthusiasm exhibited by those law professors. administrators. The purpose of students attending the Monday Gary Gaffncy, another member the program was to allay the fears night wine and cheese parly, at of the Orientation Committee, has and anxieties of the arriving first which an unprecedented amount been fielding criticisms from some year and transfer students. As of of yin ordinaire and fine cheeses students but advises the Opinion this writing, no student has yet were swilled and gobbled by the that the positive response has far surpassed the negative. However, shot him or herself, taken the big great throng. leap down the O'Brian stairwell, The following night saw an Gaffncy's imposing physique may therefore, it might be said the orientation first The Great have deterred those who orientation was a success. Buffalo Bar Crawl. Bcnesh stated otherwise might have voiced a But in talking to various that between 60 and 80 highly negative impression. The weenie-roast and beer students, this reporter detected a motivated students turned out for rather blase attitude regarding the this event, and were introduced to -cont'd. on page 8 entire indoctrination period. Some were of the opinion that the entire exercise was not important in the least. Others saw it as a good time, but were doubtful of its necessity. by R.W. Peters Arthur Garfinkcl, a first year student and a graduate of This year's entering class is the largest in the law school's SUNYAB, suggested that a more history. Rough count indicates there will be 290 students in the individual approach could have freshman class. 302 have been accepted, but twelve persons have been taken. Garfinkcl, a native of simply not shown up, and have not informed the registrar of their Brooklyn, New York, also felt intentions. that many of the problems The male-female breakdown is similar to last year's entering addressed by the "oricntators" class, with women comprising roughly 35 per cent of the class. were problems that should have There are 30 minority students, and several handicapped students been resolved in one's as well. Most of the people are New York State residents, with undergraduate years. these somewhat evenly split between Western New Yorkers and Andrew Sapon, from Oneonta those living proximate to New York City. Exact figures will not College, said the orientation be available until early October. had served to create problems that The size of the class has caused a few problems. Section one not previously existed. "Once of this year's freshman class has nearly as many students as someone tells you not to worry section two and section three combined. Charles Wallin, registrar, two hundred times, you begin to advises the Opinion that the administration is hampered by the think 'Maybe there is something I,, fact that there are few suitable rooms at O'Brian to handle large should be worrying about , numbers of people, room 107 can seat 72, while 108 seats 81. Sapon said. The section one spillover is in room 106, which currently holds 140 Julie Rosenberg, of Albany students. Room 112, with over 100 seats, has been considered State, enjoyed the three day and discarded as a possible way of handling the overflow. It seems program, and thought a party the that this room is known for its bad lighting and poor acoustics, first night was an excellent idea. and is disliked by teachers and students alike. It appears that the Rosenberg's generally positive limited options available to the administration on this issue will impression of the orientation any solution to the overcrowding problem. hinder period very much echoed the majority opinion of students Largest Class Ever Causes Headaches , �Vol. 20, No. 1 • • Opinion f\ Sept. Letters To The Editor 13,1979 Candidate Reserves Policy Statement FSRP Representatives, serves to 19 in which all candidates may many interested place their statements. It is my intention to reserve making full use Thank you for this candidates from own policy statement until my before the publication your of opportunity to announce my that time so that the student body 20, 19 and candidacy for SBA President in election on September have before it a full and will therefore, Board, The SBA 1979. the upcoming election. publish a complete commentary upon The very recent availability of has volunteered to Election which to make their judgments "The bulletin, as well for that vacancy, To the Editor: Editor-in-Chief Randi Ch.tvis Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Paul Bumbalo, Carol Gardner, Mike Rosenthal. petitions as for the First Year Directors and prevent when casting theirvotes. I urge every student to obtain a copy of "The Election Broadside" when it is made available. I further encourage each of us to fully acquaint ourselves with the candidates and the issues so that performance. You did a fine job." the business of student government will continue to Gary R. Gaffney prosper as it has under recent Joe Peperone administrations. Benesh Doric H. On Behalf of the Doric H. Benesh 1979 Orientation Committee Second year student Broadside," prior to September a Orientation Committee Expresses Appreciation Contributors: Joe Peperone, R.W. Peters, Karen Spencer. To the Editor: Copyright 1979, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo We would like to express our deep appreciation to all those persons, both within and without the law school, who contributed to the success of this year's Orientation. To the many upperclassmen who participated and to Mr. Allan Canfield, we would like to share the following words of an entering To theEditor: first year student: "All of you have earned many kudos for your As I'm sure you are aware, SBA President Resigns Editorial To the Editor: The practice of law has been viewed historically as the "noblest of professions," and its practitioners have been traditionally held to the highest ethical standards. The contemporary public's view that law and lawyers are far from noble is understandable, however, when we consider that an "appearance of impropriety" may be gleaned even in our own law school. When our first year law students' initial impressions of their new school and chosen profession are controlled by the caprice of a few of their uppcrclass peers, there is cause for alarm. The facts of the matter arc simply summarized: after the SBA allotted $100 for the National Lawyers Guild (the "NLG") to produce and distribute an informational pamphlet (the "Pamphlet") for first year students and the NLG produced the Pamphlet, the Orientation Committee (the "Committee") unanimously denied the NLG's request that they be allowed to distribute the Pamphlet as part of the Committee's "Orientation Packet" (the "Packet"). The vote for denial was taken by the Committee's members in an offhand and careless manner: one by one as Committee members arrived at the "Orientation Packet Stuffing Party." No discussion or debate was heard in this closed "session;" neither may any rationale be discerned for the Committee's summary decision. It is true that the NLG missed the deadlinefor submission of materials to the Committee for inclusion in the Packet. The NLG was willing, however, to stuff the Pamphlets into the Packets themselves to avoid burdening the Committee with that task. It is true that the Pamphlet did not explicitly state that it did not express official views held by the administration about the law school and law practice, and that the Pamphlet's title, "Buffalo Law Students Survival Handbook," might at first glance cause its readers to believe it is an official administration publication. Even the most cursory perusal of its contents, however, would cause its readers to realize it is not an official administration publication. And it is axiomatic that the only readers who might be affected by the Pamphlet are those who at least cursorily peruse it. The only remaining objection raised to the Pamphlet's distribution as part of the Packet is its alleged "political" nature. That the Pamphlet may be "political," whatever such a vague term might mean, is not beyond question. It is beyond question, however, that the Pamphlet does not fit the category of literature which the rule against distribution of "political" materials in the Packet was to forbid electioneering materials, the inclusion of which the Packet would be unfair to candidates for office unaware of the opportunity to include such a statement in the Packet. Is this any way to run a law school: allowing the capricious attitudes of a mere handful to eliminate the collective opinion of a large group? It is true the NLG could have achieved their desired goal by distributing the Pamphlet to first year students themselves. They did, in fact, finally do so (and with even greater effect, it is imagined, since the Pamphlet's popularity increased due to the controversy surrounding its distribution). But as students on the vergeof entering the legal profession, where a premium value is place on the almost absolute right to unhampered free speech, was it not, at the very least, a poor example the Committee provided for their new colleagues to follow? Or was it, ironically, the Committee's unstated intent to "orient" the incoming class to one of the exact problems the NLG wished to warn them about: abuse of vested power by the controlling minority to thwartthe collective efforts of the powerless majority? - Opinion September 13,1979 Allan Canfield Leslie Wolffe I Committee Gets Compliments Irony In Orientation 2 There was no remuneration for their labors the only way to repay them is to salute their work publicly; hence, this brief note. Congratulations to everyone and especially to Joe and Doric, two fine and conscientious people who were most visible throughout the weeks involved. have decided to resign as president of the SBA. I have found that my academic schedule and additional commitments make it impossible for me to devote the time I feel necessary to effectively work with the SBA. I appreciate the support that I have received from the Board and the student body. I also hope that whoever is elected will receive that same support and courtesy that you have shown me. Thanks again and have a terrific year. This year, again, the Orientation was beautifully managed. Joe Peperone, Doric Benesh, Rick Valentine, Jeremy Nowak, Leslie Wolffe and Gary Gaffney provided the main push, working many hours to bring it off. About 25 other students helped as well. - Wolffe Expresses Hope For The Future sure everyone will give this remaining objective to the decision adequate consideration situations involved. There are and make their views known three student representatives and three faculty members on the during the election. to each of whom have full Board, would like the clarify I voting privileges. positions presently available: If you have decided to run for President The president of any of the positions available and the SBA has the usual have any further questions, please administrative duties expected of don't hesitate to stop in the SBA that position, as well as the office and ask. I would like to responsibility to maintain a close wish all the candidates the best of liaison between the faculty and luck and thank you all for making administration and the student evident your concern and interest body. The president should also in the development of the Law be accessible to the student body School. In addition, all positions in order to understand the issues for Faculty-Student committees and problems concerning the will be available once the new students. president is elected. Right now I would like to Director SBA directors have thank everyone who has the responsibility of representing supported the SBA and worked their class on the Board as well as with us in our projects last year being members of various SBA and over the summer. Specifically, and Faculty-Student committees. thanks are due to Doric Benesh A director is expected to attend and Peperone for their tireless all SBA meetings and to spend at workJoeon Orientation this year. least one hour a week in the SBA Countless compliments have been office. received from students and faculty alike. All those who FSRB Representative This worked on the committee over year we are c lecting the summer and at Orientation representatives to FSRB. the deserve much credit and thanks. FSRB is the grievance board of Thjs is a new year, and I hope the law school. Any issue that our goals will not be forgotten, arises with respect to a student but instead will be developed and and disciplinary questions come carried through together with before the FSRB. These those new projects the Board representatives must be sensitive decides to involve itself in. to the needs of the students while Have a good year! - by Leslie Wolffe As I'm. sure all are well aware, an election will be held next week for president, six first year directors and three Faculty-Student Relations Board (FSRB) representatives. I am convinced all those who have chosen to run have done so after much thought and consideration. Last year, we tried to continue a policy begun during Tony Leavy's administration, to actively develop and support those programs the Board felt would most benefit the law school. I believe the Board began that process last year and I hope those elected will continue to work in that direction. We have one issue that has come up and will be appearing on the ballot next week. The question is whether the research and writing program should continue on a pass/fail basis, or return to the traditional H,Q,D,F system. The SBA feels this is an issue with direct impact on the student body. Therefore the question will be presented on a ballot referendum. The results will be presented to the faculty. I am - - Quote of the Bi-Week ~ Parkiiuon'e Law: Work expands to fill the time available for its completion �Survey: Most '78 Grade Employed OPEN HOUSE Opinion <*f The Wednesday, Sept. 19 9:30 a.m. to 4:30 p.m. Room 623 Coffee & Doughnuts Wine & Cheese Wings and beer from 1 to 2 ALL WELCOME! Placement Office completed its job survey for the % 1978 graduating class last spring. Each person who had obtained employment prior to commencement was contacted and asked to complete a brief form. Since that time, two mailings were forwarded to graduates in an effort to make the information as complete as Of a class of 265, responses were received from 212 people. Any who have not yet obtained satisfactory employment are being contacted by telephone each time a new position is made known to the Placement Office. It is hoped that this procedure will help them find something suitable. Of the responses, 182 are employed full time while 14 who have passed a bar examination are not. This means that 93 per cent of those eligible for legal positions have obtained them, slightly above the national average. Sixteen others are unemployed because they have not as yet been successful on the bar examination. These statistics are identical for both male and female graduates. Of those who are employed, 87 have gone into private practice, 64 work for a government agency, 11 are with a corporation or other business, 8 have judicial clerkships and 11 have entered the academic field. For those who are counting, one did not advise where he is working. New York State claimed the vast majority of last year's graduates, with a" total of 147. Of those, 60 have settled in Buffalo, 29 arc in the New York City area and the remainder are disbursed throughout the State. Of those who have left New York, 10 are in other parts of the Northeast, 5 have gone to the Southeast, 6 to possible. I CONFIDENT? 1 I YOU BET! I The feedback we have had from students who took our course for the first Multistate/New York Bar Exam has been so positive and enthusiastic that we know we are going to have even more sue cessful programs for our 1980 courses. Joe Marino, Mike Josephson and a group of hand-picked lectur ers are ready to give you the best preparation available tor the New York Bar Exam — the most intensive and valuable practice on the integrated New York essays and the most insightful and helpful approach to the Multistate objective questions. If you can decide to join us before November 1, you can save a substantial amount of money and get a whole bunch of special benefits. If you enroll early you will: S' Save $110 on the course price. Save an additional $80 by getting our exclusive Programmed Learning System supplement at no charge. gl§ Save an additional $90 by being able to attend our early-bird New York Practice course by Arthur R. Miller at no charge. — Obtain a set of New York and Multistate out lines for use in school or for an early start (mm imum $150 deposit required). ■Course Price until 11/1: (3251 I immiMl ÜBiiiiii Manno-josephson/BRC 71 BROADWAY, 17th FLOOR, NEW YORK, NY 10006,212/344-6180 |H STATE UNIVERSITY OF NEW YORK AT BUFFALO Save an additional $40 by getting our exclusive m Multistate Clinic at no charge. jM central portions of the country, 11 to the West and Southwest and 2 have left the United States. Of those employed, 101 were willing to reveal their earnings. A large number of them received more than a basic salary. Many of the figures are based on the' amount received before admission: to the bar and are therefore lower than the actual earnings for the first year. Five stated they began at less than $10,000 annually and one indicated he is receiving over $30,000 annually. The vast majority receive between $11,000 and $22,000 with 34 between $11,000 and $15,000,18 between $15,000 and $18,000 and 29 between $18,000 and $22,000. Firms seem to have the widest range of salaries, with the small firms hiring most people between $10,000 and $15,000, medium-sized firms between $11,000 and $18,000 and large firms between $18,000 and $30,000. Government agencies had approximately one-third in the $11,000 to $15,000 range, one-third in the $15,000 to $18,000 range and one-third in the $18,000 to $22,000. Businesses hire mainly in the $18,000 to $22,000 range. Every graduate is sent a copy of the monthly employment bulletin at no cost for two years. This is a four or five page newsletter noting positions available throughout the country. I WS WELCOME BACK! Christopher Baldy Hall is open for your convenience WEEK OF: Monday, 9/10 thru Thursday, 9/13: 9 a.m. to 8:30 p.m. Saturday, 9/15: 11 a.m. to 3 p.m. REGULAR HOURS: Monday to Friday: 9 a.m. to 5 p.m. Closed Saturdays Marino-Josephson/BRC Representatives at your school: SUNY/BUFFALO Ann Bermingham Cathy Kaman Leonard Kirsch Carol Maue Patrick Curran , Jerry McGrier Philip Mclntyre James Ryan Dwight Wells Mark Grossman We also have a check cashing service: Monday thru Friday: 11 a.m. to 3 p.m. Saturday, 9/8 and 9/15: 11 a.m. to 2 p.m. September 13,1979 Opinion 3 �From The Stacks New Copiers, Extended Hours Improve Library Service by Karen Spencer typewriter there for student use. Any problems with it should be a directed to the SBA. The Library extends heartwarming welcome to all new students and faculty and a welcome back to all those returning. We hope your summer was as productive and enjoyable as ours has been. The biggest news is the copy machines. Would you believe that we have two new machines for a total of three, still at five cents a copy??!! Room 224, formerly the student typing room, at the back of the second floor, is now the home of these two new machines. A big thank you is owed to Wade Newhouse for his tremendous efforts involved in this task. Maybe we have seen the last of the long lines. The typing room has been moved to the old copy room on the third floor, room 335. The SBA now maintains an electric The fifth floor has extended their hours again this year: 8 to 11 Monday to Thursday 8 to 9 Friday 9 to 5 Saturday. It is closed on Sunday, but anyone needing documents or A-V materials on Sunday, is asked to please make arrangements during the week with the respective staff. The light now shines on the Audiovisual Department. After years of waiting, lights were installed in the microforms area. Now when you are searching for Supreme Court Record and Briefs you need not go blind or bring a flashlight. Electrical outlets are installed on the walls for extra lights and the microform readers/printers. Anyone familiar with the area will - — remember the obstacle course of extension cords all over the floor. Alas, we are still waiting for extra outlets for the floor so that we can have lights and recorders on the carrels, but we have been promised them soon. The microprint edition of the United Nations Documents has joined the foreign and international documents collection on the sixth floor. A machine to read this microcard series is located nearby. And speaking of microforms, the Union List of Serials, which lists all of the periodicals and journal titles found in this University's libraries will soon be coming out on microfiche. The printed list currently at the Index Tables near the Reference Desk will be replaced by the new fiche format with readers available. LEXIS continues to expand, also. The "help" button now Committee Openings Available Shortly after the results of the Law School's September Student elections, the Board of Directors of the Student Bar Association (SBA) will act to fill the student positions on Faculty-Student Law School Committees. So that students may have a better understanding of the possible mechanisms by which we can effect law school policy and programs, a brief survey of the identity and functions of various Faculty-Student Law School Committees follows. Academic Policy and Program (Chairperson, Dean Headrick; 3 students) This Committee has the responsibility for planning each year's curriculum and for establishing the curriculum for any advanced degrees as may be approved by the Faculty. The Committee also has jurisdiction over course offerings and curriculum for legal studies programs. It is responsible for developing the curriculum and standards for non-professional degrees offered under the authority of theLaw School. ; Academic Standards and Standing (Chairperson, Dean Headrick; 3 students) This committee considers student petitions for waiver of requirements or acceptance of special study for credit. In a sense, it is judicial in nature, and most of its matters are secret. It meets only upon student request. Admissions (Chairperson, Professor Greiner; 4 students) This committee deals with both making policy on admissions and the actual admissions process. Members of this committee review the individual admissions responsible for budget planning minority sti'dents. and advising the Faculty and Dean Self Evaluation in developing priorities with (Chairperson, Professor respect to the allocation of Kochery; 2 students) This resources among the Faculty committee is concerned with programs. The Committee also individual civil rights complaints. reviews the performance of plans It is judicial in nature, and meets adopted by the Faculty. The only when the need arises. Committee makes budget In addition, six students serve allocations after considering, as representatives to, and among other things, budget item observers of, the Faculty proposals, suggested by individual meetings. Faculty rules provide that faculty members, Law School Committees, and student students have full voting rights on organizations. each committee. Representatives Special Program Committee to the Faculty meetings do not (Chairperson, Professor Olscn; vote, but they can participate in 2 students) This committee was formerly known as the Minority Student Affairs Committee, which had been taking increased responsibility in the admission of BUTTNOSE applications. Appointments i (Chairperson, Professor Joyce; students) This committee searches out candidates for appointments to the faculty and has the power to make -recommendations to the Faculty with respect to such -appointments. Budget and Program Review (Chairperson, Dean Headrick; 3 students) This Committee is .2 4 Opinion September 13,1979 all discussions. Students interested in contributing time and energy to any of these committees, should contact any member of the SBA. coPYlUoMr&iQn ortmpti omics offers more detailed explanations so that users can better organize their search. The number of states included in the LEXIS data base has also grown. With the extension of the fifth floor hours, LEXIS can now be used: 8 to 2, 5 to 11 Monday to : - Thursday 8 to 2, 5 to 9 Friday 9 to 5 Saturday Prior training is required of anyone wishing to use LEXIS. - - Refresher classes will be held later this month for second and third year students and faculty. Beginning Tuesday, September 25 classes will be held: Tuesdays 5 to 6 pm, Wednesdays 8:30 to 9:30 am, and Thursdays 1 to 2 pm. These will run through October 18. First year students will be trained in the second semester in conjunction with the Research and Writing Program. Yet another computer has arrived in the library, OCLC. The Ohio College Library Center system is the largest library network in the country and has been in use in Lockwood Library here on campus for over six years. The Law Library's Cataloging Department received our terminal in August and began immediately to search and catalog books by computer. The data base is derived from magnetic Vapes created at the Library of Congress. Because it is also possible to identify other institutions holding a particular book, OCLC will be an aid to our Interlibrary Loan Service. Some staff changes are worth noting. A recent Buffalo law graduate, Linda Cohen, has. been hired as the Head of our Cataloging Department. Carol Ncwhouse resigned in August to move to Albany leaving our night circulation clerk's position open. Thanks to our dependable student help the library is able to remain open its usual hours. Anya Pruc is this year's graduate assistant. While attending library school, Anya will be working in the A-V Department. Nina Cascio is Acting A-V Librarian and has been working hard to expand the department's services. Many thanks go out to her for her extensive efforts over this past year. Karen Spencer will be working more closely with the Research and Writing Program and with individual faculty on special productions. In an effort to provide more resources for other states and not deplete library money or space, we are concentrating our collecting of secondary material in the following ten states: California, Connecticut, Florida, Illinois, Massachusetts, Michigan, New Jersey, Ohio, Pennsylvania and. Texas. .Thus far we have received case digests and a few state legal encyclopedias. As an aside, Abbott's New York Digest now has a third edition called New York Digest 3d. BYKELLY&LEVINE �ei979BAR/BRI September 13,1979 Opinion 5 �Culinary Counsel Chapter One: The Amazing Versatile Omelet by Karen Spencer One: Oh! Oh! Oh! Omelets!! This first chapter is dedicated to the originator of this column, Paul Suozzi. Alas, our pasta king has left us for the Big Apple but if we all wish real hard, maybe he will return someday to contribute again to the welfare of our palates! Until such time, I will do my best to continue in his footsteps, even to feebly attempt alliterated titles. All contributions are welcome, of course, so please feel free to offer suggestions or Chapter recipes. Today's subject is quick, easy, nutritious and thus great student food: the omelet. You can till it with anything or nothing. It can be savory or sweet. It's one of the most versatile lifesavers when it comes to cooking. Jelly omelets I grew up on them and now my nephews think they arc terrific. Omelets can be filled with fancy exotic ingredients but they can also glorify leftovers. Cheese, stir fried veggies, herbs, meats, sauces, chutneys, etc. The sky's the limit. Whatever your tastcbuds desire and your imagination creates, you can be quickly and nutritiously satisfied with the omelet. I checked several cookbooks from Julia Child to Taylor and Ng, including some of the paperback issues devoted to the subject. They differ slightly in method and advice but I have extracted the consistencies, and combined my experiences. Number one: The Pan. There is a confusing array of shapes, sizes and constitutions. The new gadgel pans come equipped with their own instructions so we shall ignore those here. The classic French type of plain iron pan 1/8" thick is preferred. When properly cared for the eggs will not stick. Seasoning and care are important. There are two methods of seasoning a new pan. Both begin by scrubbing with steel wool and scouring powder, rinsing and drying well. Julia Child suggests to next heat the pan until the bottom is too hot for your hand, rub it with cooking oil and let it stand overnight. Then sprinkle a teaspoon of salt in the pan and heat it. Rub vigorously for a minute with paper towels. The second method after Shrimp Creole. plate, seam side down. Ratatouille. Turn off the stove and MANGIA! Omelets, like souffles Cheese and chutney. Chicken, beansprouts, water do not wait. chestnuts and soy sauce. Omelets are great for breakfast, Clams, chives, cream sauce lunch or dinner. They are a great with white wine. way to liven up the study group at Asparagus, parsley chives and two o'clock in the morning when cream. you all need a break and need to Strawberries and kirsch. be nourished. Roquefort cheese, cream and A few suggestions for fillings mushrooms. follow. I hope they just begin to Broccoli and procuitto and more exciting stimulate you to green onions. creations of your own! Shrimp, walnuts and green cleansing, is to pour 1/8 to 1/4 of Avocado, crumbled bacon, onions. an inch of oil into the pan, set fresh chives & Coriander. Crab and avocado. over low heat for 10 minutes, Spinach and sour cream. Pizza omelet. rotating the pan so the oil coats Chicken livers and sour cream. Artichoke hearts, pimento and all of the sides. Pour out the oil Mushrooms, onions, parsley. parmesan cheese. and rub inside and out with paper Chili and Monterey Jack Bananas and rum. towels. cheese. Chili Rellenos. For best results, just wipe with Cream cheese, anchovies, paper towels after use and reserve parmesan cheese and brandy. Buon appetito! this pan only for omelets. If you rinse, only use water. Do not scrub and rub the pan with a little oil before putting it away. Number Two: The Ingredients. Suggestions varied. Some say to add milk, cream or water; some beat the yolks and whites separately. The easiest is the classic French omelet using two or three eggs and desired seasonings. A word on freshness. The best is hot from the hen but since not many of our readers live on the farm, there is a way to test for the next best thing. Immerse the egg (before cracking!) in cool water. If it lies flat, it is fresh. If one end tilts upward, save it lor baking. If it stands on end, throw the rascal out! Number three: Get Ready. Assemble everything you will need. The whole process takes less than a minute so there's no lime to roach in the fridge for the filling or into a ,drawer lor a utensil. You will need: the pan, a fork, a spatula (if you desire), a wire whisk, a small bowl, 2 or 3 eggs, seasoning (sail, pepper, tabasco sauce), butter, and a warm plate. Number Four: Do it! Whisk the eggs and seasonings until they arc just blended, about 20 seconds. Eggs should not foam. Place one tablespoon of butter in the pan over very high heat. As the butter melts, tilt the pan in all directions to film the sides. When the foam subsides and before the butter browns, turn the heat to moderate and add the eggs. While sliding the pan quickly over the heat, stir the eggs with the fork to spread them continusously over the bottom. In three or four seconds, when there is a light broken custard, add the filling in the center. DO NOT OVERCOOK! Eggs get dry and rubbery. Run the fork under the edge of the omelet to make sure it doesn't stick. Give the pan a few hard shakes to loosen. Fold the far edge over the middle and then the near edge. Pour onto the warm MOOT COURT BOARD Wednesday, September 19 OPEN HOUSE And Informational Meeting 1-5 p.m. Moot Court Office, Room 8 Free Coffee and Donuts Opinion 6 September 1?,.l^7? __ vl_ \J\J friendly, inviting atmosphere, super food and excellent prices. NOT for vegetarians only meat eaters should at least try it once. Anyone wishing to let our — readers know of their favorite restaurant in the area or elsewhere, please drop me a line in Rm 623. 831-5572 m HI - 361 Squire HaII(M.S.C) UrJ I Restaurant of the Bi-Week: The Greenfield Street Restaurant 25 GreenfieldStreet Buffalo, New York 14214 836-9035 Lunch-11:30 to 4:30 Dinner 5:00 to 9:00 Weekend Breakfast 9:30 am Closed Monday. The best vegetarian restaurant in Western New York State or practically anywhere for that matter. The cooperative system under which it operates creates a , I L-P r . , n I ,,,. press A professionally typeset and printed resume can ,„, 1 r, :, ;, :;:".,:,r;„;: JUU ;;;::,:::;:: Hcwiiw w.- .ire a small sli iv ! ,r ' STATIONERY a complete line of raised type letterheads & business cards. Pick a design from our displays or let us create an original just for you. Prices as low as $12.00/1000. PUBLICATIONS we can help you or your organization to publish anything from simple pamphlet to a 200 page full color book (check out the 1979 BUFFALONIAN) and our service Is fast! lookaroundi Chances are you've seen lots of our posters & artwork on the walls all around campus. Any size, any colors. 100 11" x 17" posters As low as $40.00. - c Is-d i WJ-^s U 2^l l-l-r— ■ O g^ c wilh sludcnK, iiuniei in any neia. m«-i v,,,,, „«*. N<.r... Mr..un<i.n<.ii..ubicMik.n.. "■v ,,, We're experts! " ,":";,",::;■;:;; Boc " Design, composition & printing of 100 copies of a 1 page resume: $18.65. POSTERS & FLIERS Ifcfe Qg^O}J UNIVERSITY PRESS i% j ilmlgn Mil compmlllon ( i Mu ,i,,,,i r i>l squire h.,11. we ,„„!(„ i,K IV I l—\J UO U ICUI ÜbSCI IU U university II -g | l^! i 1 rt -' I c " "c! Ml< ° , tmmm^:i £ UL 11 % " cri I © r^ \J%™ 2 <-" §. . rtV " 03 mSI I I ' ■ > �Pep Talk - Newest Teen Heartthrob Yanks 9 Bucky Dent by JoePeperone I must admit I have enjoyed myself this summer. You see, I hate the Yankees, and to my great satisfaction the team has spent the better part of the year in fourth place. I don't know the reason I've never been a Yankee fan. Possibly it has to do with the 1954 Cleveland Indian pennant which hung over my bed when I was a kid. Anyway, in other years, my joy at seeing the Yanks falter would have been kept to myself. Only a careful observer would have seen the smile curl around my lips at the sight of the previous night's boxscore. This season, though, due to my close proximity to a seriously ill young girl, I am letting my feelings show. This fourteen-year-old mere wisp of a girl, my sister Lynn, unfortunately has come down with the dreaded 1979 pubescent ma\ady-Buckyitis. The disease has been described as "serious review bar infatuation by young girl to one TV dressed in her complete Russell Earl "Bucky" Dent, Yankee outfit for every inning of number 20, shortstop for the New every Yankee game which came York Yankees," or as Elvis through the cable. Books about Costello has put it, "This year's the Yankees, magazine articles, model" of Shaun Cassidy. newspaper accounts — she Lynn first caught the "bug" devoured them like drugs. She during last year's playoffs. It began as a small thing. "Gee, that guy is cute!" At home, we naively thought the long winter months would cure her. But no. Staying at my grandparents' house in Florida this spring training, Lynn got his autograph. Shortly thereafter, with her own money, she proceeded to buy a Yankee shirt, jacket, cap, pennant and a Bucky Dent button. I never found out how she got the money to buy these things maybe she lied about her age and worked nights at Penney's, but by April, it was too late. She was hooked. We, her family, tried Blue Jays season everything read Sparky Lyle's book in two days, and began it again. She bought Burger King french fries daily, rejoiced at Tommy John's good spring, and cried at Thurmon Munson's tragic death. Despite the fact the team is going nowhere this year, Lynn A Useless Sports Trivia Answers can be dropped off in Room 623 for prizes. Correct answers will be printed in the next issueof Opinion. 1-3) In 1974, the only full season of the World Football League, who led the league in tickets, Wilderness Camp, cash, interceptions, what team did he prizes but nothing would move play for, and how many passes did her from her seat in front of the he intercept in the 20 game season? 4) In 1923, the Oorang Indians played their last saeson in the NFL, finishing 1-10. Who coached the Indians? 5) George Halas coached the - — refuses to give up hope. I've stuck homemade signs saying "we're number four" in her room. I woke her up in the middle of the night with the news that Bucky's been traded to Seattle. I've tried to get her dates with married men. But she still won't admit she's in love with a .230 hitter and is supporting an overpaid, washed-up group of old men who are all becoming free agents at the end of the year anyway. In preparing thisarticle I asked her if she had finally given up on - first Chicago Bears team in 1920. In what year did he coach his last Chicago Bears team? 6) Name the NHL player who three times has scored his 50th goal of the season on his birthday? 7) In the 1970-71 season, Michel Plasse, playing for Kansas City in the Central Hockey League, did something which has never been done before or since in professional hockey. What did he do? 8) The first modern "World Series" was played between the the Yanks. In all seriousness, she told me "anything can happen, look at last year." "And Bucky?", I asked, (whose divorce announcement made the girl's summer) "will he still be with the team next year?" "He has to lower his price." Finally, I asked her, "What if Bucky is on another team next year?" Lynn never hesitated, "I'll follow him, I'll got to college in whatever city he plays in, and if it doesn't work out... we11... there's always Lee Mazzilli!" Quiz champions of the American and the National Leagues in 1903. The Series has been played in every year since, except for 1904. Why was there no World Series in 1904? 9) Len Dawson, ex-quarterback for the Kansas City Chiefs, holds one NFL record he would rather , forget. What is it? 10) Only one major league ballplayer played both in 1935, the year Babe Ruth hit his last home run, and in 1954, the year Hank Aaron hit his first home run. Who was he? Record Rack Summer Discs Get Mixed Reviews by Mike Rosenthal Rickie Lee Jones Rickie Lee Jones The last debut album to show off the genius lacking in all the by Amy Jo Fricano special unless you are an awfully other singer-songwriter debut big eater. But beware, the hot albums of this year was If you've been confused by wings are only for diehards. The Springsteen's. His, unlike almost signs around the law school other foods served are hot dogs every other of the last ten years, was original, immediate, advertising Temperance Meetings and fries. at R.P.R., let me enlighten you. If you are a hard core New contemporary and vital. Jones R.P.R., Rooties Pump Room, is York sports fan you will be happy album has the same power, force, the closest bar you could stumble to know Rooties has cable TV eloquence, and comfortableness to from your favorite, secluded and regularly brings you the about it. Furthermore, unlike library nook. Rooties is located Yankees, Mets, Knicks, Nets, Springsteen's debut which at 315 Stahl Road at Millersport Giants and Jets. The Rangers and indicated the promise of a perfect Highway, next to Burger King, Islanders, of course, will be album in the future (realized by minutes north of the Amherst warming many a blizzardy Buffalo Born to Run), Jones has Campus. It was clearly a natural hockey season eve. There is accomplished the amazing feat of for this first Bar Review, since law pinball and foosball for those reaching perfection the first time school parties periodically happen times when your team is out. there. A total unknown less than five hopelessly behind. ago, Jones has already, When disco glitter is too much months there is no Although for you and those quiet, intimate extraordinary sound system at and rightfully,achieved the stature spots aren't quite enough, Rooties, the juke box is stocked held by very few others. Jones Rooties Pump Room can be a with a wide ranging selection voice is flexible and at various convenient compromise. Bar Charlie Daniels to ELO to Stones points it soars, shimmies, shakes, hours are Monday through Friday to disco. You can usually be sure growls and purrs. She bops, she 2:30 pm to 4:00 a.m., and you will hear your tunes before scats, she becomes a bluesman, a Saturday and Sunday 4:00 pm to you turn into a pumpkin. There is folkie, and a crooner. Her writing 4:00 a.m. (so don't attempt to go also a spacious hardwood dance speaks of the streets and presents there for lunch). floor with wall-to-wall mirrors. If a reality cum fantasy cum reality. Rooties offers a variety of you love to dance, this could be Her voice and some of her drink specials. Monday you can the place for you, because you melodies bring Laura Nyro to get three splits for a dollar, and and your partner will have to mind, but Nyro hasn't been vital, Wednesday three shots of compete for floor space only on immediate or contemporary in schnapps for a dollar. On an occasional busy weekend night. about ten years. "Chuck E.s In Love," a song Thursday shots of tequilla are Should you arrive when the dance with similarities to the best of speak up. out, are fifty cents. The bar now features a floor lights new treat of Mini Jamaicans at Rootie is usually glad to Motown soul, was the best thing to happen to AM radio this five dollars a shaker, delivering accommodate you. "Danny's All Star Joint" Prices at Rooties are on the summer. you up to 10 extra shots. "Weasel And The White Boys and Buffalo end of the Many go to Rooties for the lower are, as Rickie Lee Jones chicken wing specials. The spectrum, but they are not the Cool" Spectrum (the undergraduate lowest. Dollars Off, a coupon herself would say, "finger snappin' deluxe that make your student newspaper) will have booklet available on campus, will bop bap and your r&b hep be for coupons have drink some weekly coupons for wing specials: "Company" is a crooner's scat." a free double order of wings when Rooties, too. and could easily become a delight Happy Rating: Overall you purchase a double order. Go standard. But then, everything on with a friend or two for this Birthday. , - ' woman's point of view) is carried through, the songs just don't fit well with one another. Carly Simon seems to be shooting for Get The Knack the moon and falling on her face. The Knack Individual songs do work, An album of pubescent love especially ")ust Like You Do," songs, and songs about desires but in the midst of such a disaster, that is pure fun. It doesn't matter they have gotten lost. Let's hope that this album has nothing of any this doesn't spell the end of social significance to say. It is one another artist's creativity. of the cleanest and freshest Where I ShouldBe sounds to come around in a long Frampton Peter time and has taken the big step of This album has none of the turning new wave into charisma or beauty or spark of contemporary pop material. "My any of Frampton's previous Sharona" has an incessantly works. It shows that when you've propelled rhythm track and words been as low as Frampton has been simple enough to garner instant (Sgt. Pepper's), it is possible to go familiarity. "Good Girls Don't" lower. With only one listenable has one of the catchiest choruses song "I Can't It No More," (both in terms of melody and which is paleStandcomparison in to lyrics) to come along in quite a some old Frampton, and at least while. Not a perfect album, but two totally unlistenable songs, one definitely worth buying, Get "May Baby" and "Everything I I The Knack has proven to be the this album is for the dogs! Need," most successful product to arise out of new wave. this album deserves to be played forever. In short, Rickie Lee Jones has given us a perfect album. Spy Carly Simon ILS To Hold A One of our best female singer songwriters, Carly has not been all that consistent either commercially or artistically. No Secrets, one of the classic albums of the decade was* preceded and followed by albums lacking severely in comparison. Each of the two before and after had their moments, Hotcakes having several, but did not stand up to the test of No Secrets. Then along came Boys In The Trees. In many ways this was a new or at least reborn artist. The album was a consistently enjoyable platter. So why does Spy fall apart? There really are several reasons. One is lack of unity. Although the theme of the album (relationships from a Planning Session The executive officers of the International Law Society met Friday, September 7 at 1 pm in the International Law Society's office, Rm 604 for a planning session. Thursday, September 13, from 9 am to 4 pm, the International Law Society will hold open house in its office, Rm 604 with free coffeeand doughnuts. On September 14 at 1 pm in Room 604 there will be a general interest meeting. At a time to be announced a seminar on summer opportunities in international law will be held. September 13,1979 Opinion 7 �SBA Irked On Pamphlet Issue -cont'd. fmm page 1 any guidelines." In July, Peperone had notified law school groups they could submit one-page descriptions of their group's purposes and activities to him. The SBA would pay to have the descriptions copied for placement in the orientation packet. The deadline for submission of the group's description was August 22. Two rules developed concerning the materials to be put in the packet. The first concerned the length one page and the August 22 deadline. The second rule was no political information be included in the packet. "No political things like people who were electioneering. After all, it wouldn't be fair to include anything that would favor one individual over another," Canfield, who suggested the rule, - - explained. "The political rule was a longstanding one," Peperone said. On August 22, Joe Kelemen of the National Lawyers Guild, gave Peperone a one page description of the NLG. The same day, Kelemen asked Peperone about the possibility of the NLG also placing a multi-paged pamphlet in the packet. Kelemen explained the pamphlet would be similar in nature to the one NLG had published the year before. Peperone was familiar with the earlier pamphlet. Kelemen also told Peperone the NLG was printing the pamphlet themselves in order to" save the SBA money. NLG offered to stuff their pamphlets in the packets before the orientation began. Peperone promised Kelemen he would check with the rest of the Committee. Peperone explained the Orientation Committee decided to bend the Committee-imposed time rule and page limit rule and instead address the question of whether or not the NLG's pamphlet would violate the Committee's political rule. said some members pages, nor was it what happened last year. The real issue, I think, is whatrole student groups are going to play at orientation. I get the bleak picture of the law school feeling through my interaction and it made new law students with Canfield and some other paranoid. Peperone said the students on the committee that general concensus of the they felt it was their orientation. Orientation Committee was the They are trying to tell us what law pamphlet was too political for an school is all about. I think NLG has something important to say orientation packet. Peperone felt the Orientation about it (law school) and law in Committee accepted his basic general. I think it is a valid thing philosophy about what an for a student group to do. Their orientation packet should contain. (the Orientation Committee) stuff "I felt the packet should just was valid, but so was the Guild's." be an informational packet, Peperone said he is peeved by including maps, travel information the SBA resolution. "So many and activities around town," people did so much. Everyone Peperone said. worked so hard. It's One Orientation Committee Monday-morning quarterbacking member (Jeff Taylor) objected to by the SBA. They never set up the pamphlet because the any rules. They never said 'We're pamphlet was misleading in funding you, so follow what we appearance. He said he thought it say. " was an official SBA document Second year director Paul when he had been a freshman. Israelson will present proposed Kelemen, after being informed guidelines to the SBA for the of the committee's decision asked 1980 Orientation Committee to Peperone to have the committee follow in an attempt to avoid this reconsider the matter. Peperone year's problems. checked back with the committee. He told the committee Kelemen felt the prohibition of the NLG pamphlet from the orientation packet was an act of political , censorship. This time Peperone abstained from being involved in the decision-making "I felt I was being democratic by leaving it up to a vote," Peperone said. The committee affirmed its earlier decision, again unanimously. Peperone asked the committee to agree to give a table to the NLG so that they could pass out their materials. The committee agreed. On the morning of the first day of orientation, NLG put the disputed pamphlet on a table next to the registration desk and hung a sign which read "Free". Kelemen said there was an attempt to portray a single view of what law school is about. "The issue wasn't how " __ '° Jo*?" S£. ' £1 t^*." °T' iT ra^*^ J.^l*stl^rt^ f cnore. inßwmation. 8 Opinion OPEN HOUSE Peperone — TODAY 9 a.m. 4 p.m. Room 604 Free Coffee and Doughnuts strongly objected to the content of the previous NLG pamphlet. They complained it painted a **• *** September 13,1979 - _ ALLn ul ij||U _ Orientation Allays First Year Fears -cont'd. from page 7 blast, scheduled for Wednesday afternoon, fell victim to the caprice of the Niagara Frontier weather system and was rescheduled for Friday afternoon. It was a fine day for all, with an abundance of tube steaks, frosty lagers for a half-dollar, and several bitterly contested softball games. In one of the close matches, Dean Headrick's team lost 14 to 4. To paraphrase Wellington, more than one courtroom battle has been won on the playing fields of Amherst. The beer blast effectively ended the orientation sequence. Most would agree that the three day orientation was a success. If it did not assuage all the fears in every student, it at least pointed out that we were all in the same boat, and we needn't expect ogres as professors, nor Brutus' amongst our supposed friends. Some may have doubted its efficacy, but for the most part, students were happy that someone had taken the time and effort to smooth their entry into law school. study new york practice at your convenience many Wanted: a single bed, desk and dresser. Will pay resonable prices. Rochester Commuters: I'd like to J°in or organize a car pool Call Rick at 631-0690 after 5. between Roch. & Amherst, any or HONDA, 1976 V2, 360 cc, a weekdays. Call Maureen at excellent condition, highway bars, 442 " 7366 (Roch.) Roch. & sissy bar with padded backrest, Amherst, any or all weekdays, Maureen at 442-7366 (Roch.) luggage rack, only 4,000 miles, 55 mpg too! $850 firm. Helmet, battery charger, chain & lock also X available. 691-7496 or leave note LPW STUDENTS tennis and racquetball Sunday Nights (10:30 in mailbox no. 355. to midnight) beginning Sept. 23. eitner w both-$4O for 11 She-dancer, in need of versatile Tennis partner. Possibility of lucrative y***lessoning arrangement through Center. 2050 Elmwood Avenue local dance studio. Also contests, (between Hertel andRj Kenmore). UP contact ch Abbott Otherwise plain oI d or attend an optional 688-8024 by fun. RSVP ballroom/disco meeting Friday, Sept. 21 at 10 am phone. 625-945Z in front of library. Get your head out of the books Learn tO f y Wanted: One female ho"smate to for $300 Private .cense average m are 2 cost $1,000. Lowest flight blocks from Mainhouse St. campus. 99 r 1 Merrimac St., Rent β^washers. $30/hour dual $20/hour solo, dryer. Call Gary,Caryyor Cyma at Also instrument and multi-engine 834.3279 ' instruction available at equally a nd Pa v in9 tQ p dollar *<* oid fiily cert.f.ed flight .rrstructor campaign item;: Buttons, posters. •*=■ «■ trade f*™ Ca(l Bob Schuttz at 8348972 for 636-4522. f* S&*Z■ International Law Society Now on Audio Cassettes New York Practice by Joseph M. McLaughlin Dean and Professor of Law Fordham University School of Law Eight 90-minute audio cassettes on NEW YORK PRACTICE include the following topics: OF THE COURT SYSTEM • JURISDICTION • IN PERSONAM JURISDICTION and QUASI IN REM JURISDICTION • IN REMARM JURISDICTION • LONG VENUE • STATUTE • PARTIES OF LIMITATIONS • . • IMPLEADER • INTERPLEADER • PLEADING • MOTION PRACTICE • PROVISIONAL REMEDIES ESTOPPEL • COLLATERAL and . RES JUDICATA - NEW YORK PRACTICE COURSE CASSETTES $75 For more information write or telephone PLI directly: Practising Law Institute 810 Seventh Avenue, New York, New York 10019 (212) 765-5700, ext 208, 209 • Practising Law Institute is a not-for-profit educational institute chartered by the Board of Regents of the University of the State of New York � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-09-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 20 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/13/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4f9ca4e5454125b2c18e7a2bec8dce2e.pdf 6196661d1fe5a1b37d01eefd2908b462 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State ML University of New York at Buffalo School of Law Volume 19, Number 14 Orientation Schedule '79 July, 1979 LawTWelcomSchool Monday, August 27 10:00 a.m.— 5:00 p.m. Information tables on first floor, O'Brian Hall to inform students on housing, organizations, and registration 6:30 p.m. Meeting with Dean Headrick and general information Moot Court Room 7:30 p.m. Small Group Meetings Answers ■ 8:30 p.m. whenever Party meet faculty, administration and staff (location to be announced) All Day Library and building tours - - Questions and - The Orientation Program for incoming students this year will consist of a three-day program, August 27, 28 and 29. Classes begin on Thursday, August 30. There will be continuing orientation during the semester. The major focus of orientation will be helping new students become acquainted with the law school building, fellow students, professors and life in the Buffalo area. The Orientation Committee is striving to organize a program which will help newcomers before the semester begins. First year students are encouraged to attend orientation, ask questions and take advantage of opportunities which are not available once classes get underway. Tuesday, August 28 9:00 a.m. Coffee and Doughnuts Lounge 10:00 a.m. Small Group Meetings Tours and Study Clinics i - First Floor What's Inside... Lunch Orientation Schedule 1 Organizational Meetings (Watch for Announcements) HELP! Where to Find It 2 A Message From The Dean 3 Getting Around Buffalo And The Law School 4 Lav; Student Activities 5 Section Meetings meet the faculty for followed by a question your section and answer session with second and third year students What They Expect From You 6 Your Courses And Professors A Profile 8 10:3011:30 a.m. Administrative Hour Administration Profiles 12:006:00 p.m. Picnic 1:00 p.m. 2:00 p.m. 5:00 p.m. - All Day Information Tables 8:00 p.m. - The Great Buffalo Bar Crawl Wednesday, August 29 9:30 a.m. — - - near tennis courts at Ellicott Complex (alternative rain location will be announced) NOTE: An updated schedule will be handed out at Orientation. - 7 Most Asked Questions Recess • , 10 S- .11 14, �Welcome to O'Brian Hall! The Opinion staff and the Orientation Committee have put together this summer issue to introduce some of the faculty members with whom you will have the good luck or misfortune to contend, to acquaint you with the law school and the university at large, to report on law student organizations and activities available to you, and to show you that things other than blizzards and unemployment go on in Buffalo. Law school is quite an experience, and we hope some of the information herein (you might as well begin to get used to legal jargon) will make the good times better and more frequent and the bad ones easier to cope with. / Rake muck for the Opinion, U.B. law school's student newspaper. Published bi-weekly, Opinion covers a diverse range of material, from school politics to events in the world of law, from book reviews to the intricacies of stuffing sausage. If you're a budding Tom Wicker or Art Buchwald whose career has been interrupted by law school or even if you've never picked up a blue pencil stop by and see us during orientation. Our office is Room — — 623. Good luck to you all in the coming semester! A grade referendum, protesting late grades, and lobbying against a proposed tuition hike... these are only a few of the issues the Student Bar Association (SBA) was involved with this past year. Add to those the annual Law Revue Show, softball tournament and TGIF parties, and you get an interesting, well-rounded student government. As a representative of the student body, SBA will continue to effectively lobby the administration for positive changes in the law school. Once you matriculate at UB law school, you become a member of SBA. Elections for freshman representatives are held in Septembef. Anyone is eligible to run. Petitions and regulations will be available soon after Orientation. SBA also disburses student activity fees to all recognized student organizations and appoints student members to faculty-student committees. Through SBA organizations speakers such as Ralph Nader have been brought to the law school, and other such programs are being planned. If you're interested in contributing to the law school, become involved in SBA. The only way to change policy, institute programs, or just have some fun with the students and faculty is to make your views known. Let SBA be your forum. . Good luck, and welcome to law school - Leslie Wolffe SBA President July, 1979 EDITOR-IN-CHIEF Randl Chavlj News Editor Feature Editor Business Manager Photography Editor 2 Registrar's office - Charles Wallin, Registrar, 313 O'Brian, 636-2060. Allan Canfield, Assistant Dean for Student Affairs, 311 O'Brian, 636-2060. - Orientation Information Canfield's office or 836-1559. Ricky Ted Tobias Bob Slegel Samuel, Jr. Michael Shapiro Joe Peperone, Office of Admissions and Records 636-2060. - c/o Allan 306 O'Brian, Placement Office - 309 O'Brian, 636-2056. - - Registrar 3rd floor Official Notes, Grades, Class Changes. Placement 3rd floor Job Openings, Placement Information. - - 3rd floor, usually on door of Rm. 314- Financial Aid Information and Deadlines. Financial Aid Housing - Ist floor lobby. Class Notices - 2nd floor Schedule Changes. Student Message Center - - Class Assignments and - 2nd floor. - Dean's Office 3rd floor Official Notices from the Office of the Dean. Student Bar Association 2nd floor, or on door of offices on Ist floor. - — University student association Survival Guide publication giving information on life in Buffalo: what, when, where, how, who, how much, etc. This will be handed out at Orientation. The O'Brian Notes - - A Handbook for Law Students To be handed out at Orientation. This booklet has information on all phases of university and law school life. It features sections on academic and financial aspects of the law school, as well as information on student organizations, activities, publications, and life in general. - University-Wide Information University Information Services at Crofts Hall, Main Street Campus. - Managing Editor Amy Jo Fricano it Where to Bulletin Boards: To all new students: Vol. 19, No. 14 HELP! find . . . Notes & News This is a law school newsletter which comes out every two weeks and contains announcements, coming events, and miscellaneous newsworthy items. �A Message From The Dean Education has many rituals. One of the more cliche-ridden concerns the welcome of new students. Usually they are invited to join in a great adventure to explore worlds unknown to them and perhaps to all mankind. They are told at length about the glories of completing the degree and remaking some corner of society. One gentle voice within me says: observe the ritual; it is expected; it does not hurt. Another voice says: drop it; give it to them straight. In lawyerlike fashion, I come down in the middle.. A legal education does open doors, both for your intellect and for your ambition. Our concern is with your intellect. If we do our job and you do yours over the next three or four years, you should acquire a mental agility and toughness that enables you to form and dissect legal and factual arguments. You should develop a good map of the law that prepares you for locating any client or institutional problem in its legal and its non-legal context.-You should learn how the legal system works, not just how it appears on the paper of constitutions, statutes, and codes, but how it really operates, how it affects people and institutions. You should expand your capacity for learning quickly about a problem and for picking up the knowledge and information required to find a workable solution, which may not always be a legal solution. You should gain some experience, vicarious and actual, in wrestling with the sometimes competing claims of client and conscience, for you will have to serve both masters in your legal career. The State University Law School exists to provide education for lawyers who will become leaders in the profession and in society. If you see the end of a legal education merely to be getting the J.D. and passing the bar exam, your legal education will be a failure. It is most likely that you will become a legal mechanic. But if you come to see legal education as one means to understanding how our society in its infinite complexity functions, both well and poorly, you will have begun your way towards becoming a leader. You will have taken the best from the legal education that this law school provides. You can become a leader or a mechanic. It will depend on how you choose to approach your legal education. Our curriculum has many doors awaiting only your push to provide openings for both your intellect and imagination. Together, the courses and the faculty offer extensive opportunities to develop your mental agility, understand the legal map, study how the system operates, expand your ability to learn quickly, and wrestle with competing moral claims. Choose well, choose widely, and good luck. > .. i| Thomas E. Headrick Dean * 3 �Getting Around Buffalo and the Law School O'Brian Hall O'Brian is the center of the law school universe. If incoming students plan to visit the school during the summer, it will be helpful to know a few things in advance. O'Brian is located on the Amherst Campus at the corner of Millersport Highway and Maple Road. You will probably have to acquire a map of the campus, or rely on the advice of friendly natives in order to find your way around. Inside O'Brian, the first floor contains large lecture rooms and a student lounge. The entrance to the library is on the second floor along with academic bulletin boards and smaller class rooms. Administrative offices, such as the registrar's and Dean's offices, are located on the third floor. These offices will be open during business hours on week days during the summer. Professors' offices and offices of student organizations are located primarily on the fourth through seventh floors. There is no building directory so one usually must ask on the third floor if a particular person or office is sought. Transportation The Amherst Campus is three miles north of the Main Street Campus, which is located within the city limits of Buffalo. The University provides buses between the campuses. Schedules are posted on the first floorof O'Brian and at Squire Hall on the Main Street Campus. Schedule information may be obtained by calling 831-1476. Transportation around the Buffalo area is fairly easy with a car. Maps may be obtained at Squire Hall on the Main Street Campus, or in Norton Hall on the Amherst Campus. Marine Midland Banks usually have good maps as well. City buses travel up and down Main Street regularly. Bus stops are marked by yellow signs and yellow painted bands on light poles. It takes roughly a half hour to travel from UB to the downtown business section on Main Street. The Greyhound Bus Terminal is on Ellicott Street, near Main Street and the business section. You can write to Metro Bus, 855 Main St., Buffalo, N.Y. 14203 for city bus schedules. Also, many banks carry bus schedules, and the major bus stops downtown have schedules posted for major routes. Housing Good housing can be found at many prices in the Buffalo area. The market fluctuates so it is hard to give advice now for the late summer, but a few hints are in order. Buffalo is a working class city. A lot of individuals own two or three houses and rent them for supplemental income. As a result, rental agencies often do not have the best listings and also charge a lot for their services. For these reasons, you will probably be better off using other sources. Get a map of Buffalo and try to orient yourself. The law school is located in the relatively wealthy suburb of Amherst, north of the City of Buffalo. Housing here is not cheap, but usually of high quality. There is little public transportation out in Amherst and most stores are located in malls. If you have a car and the money, Amherst may be the place for you, but you will have to travel for both entertainment and your personal needs. „ If you travel southwest on Millersport Highway, which runs along the east side of the Amherst Campus where the law school is located, you will run into the corner of Main St. (Rte. 5) and 4 Bailey Aye, (Rte. 62). Running southwest from this corner is the Main Street Campus of ÜB. This corner also marks the northern boundary of the City of Buffalo. The area around the Main Street Campus, especially to the South and West, for as far as you can walk in about 20 minutes, constitutes the major area for student housing. Housing here is not especially cheap when you consider the quality of many of the homes. Unfortunately, location drives up the cost of living in this area. It is extremely convenient for those who don't have cars because the University maintains a shuttle bus to the Amhest Campus at no cost to students. There is also good public transportation right off the Main Street Campus going downtown into Buffalo. The Main Street area has a variety of shops, restaurants, banks, and services, too. Main Street is really the main drag for Buffalo and useful for map navigating. It runs along the west side of the Main Street Campus heading southwesterly into the heart of the City. If you follow Main Street to the other side of the railroad tracks to the southwest of the Main Street Campus, you find another good housing area, west of Main Street and south for quite a number of blocks. Loosely, this is the Hertel Avenue Parkside Avenue area. Housing is cheaper here and the neighborhoods are quite lovely in spots, but it is really too far to walk. Taking the bus to the Main Street Campus every day can be expensive at 45 cents (exact change necessary) each way. Another landmark in Buffalo is Delaware Park. It is bounded by Amherst Street to the north and Delavan Avenue to the south. It is west of Main Street and east of Elmwood Avenue. The park is large; it has a golf course, playing fields, and a large lake. The Buffalo Zoo is located there. The Art Museum and Historical Society are located on the west end of the lake. This west end of the lake is also near Buffalo State College, which is on the west side of Elmwood Avenue. The student union here is a good place to check for housing in the area,' usually known as the West Side. The West Side area runs south of Buffalo State for a long way. This area is cheap to live in and is very popular with students. There are strong communities here with lots of services, but it is a long drive to the law school. These are just the major areas that are populated with students. You should choose an area to suit your pocketbook and transportation needs. For law students it is important to remember you need to be able to get all the way downtown straight down Main Street to the central Buffalo business district. This is where all the main courthouses are located and where most attorneys have their offices. This may not be so important for first year students, but if you plan to settle in one place for the next three years, it is a factor to consider. A really good source for housing prospects are bulletin boards, especially if you are willing to move in with other students who are looking for roommates. Check the board on the first floor of the law school for possible housing with other law students. Roam some of the other buildings on both campuses as many people hang signs all over. There is an off-campus housing office at Squire Hall on the Main Street Campus. This office has some listings of available rentals and information on what to watch out for in selecting housing in Buffalo and signing a lease. The office is open 9 a.m. to 2 p.m., Mon.-Fri. The phone number is 831-5534, but no - — — continued on page 16 �Law Student Activities The law school qffers many excellent opportunities for you to apply your special interests and what you've learned to a widerange of specialized activities. Among them are: Opinion Opinion is the law school newspaper, which is printed every two weeks during the school year. Anyone with an interest in writing, photography or layout is welcome. • Buffalo Law Review The Review staff publishes scholarly articles of legal interest by students, faculty, and other members of the profession. Staff selection is based upon first year grades and a writing competition. National Lawyers Guild Buffalo Prison Task Force The Task Force's activities include working for a moratorium on prison construction, assisting the Legislative Action Committee (an inmate organization at Attica which works for legislative change) and working with the American Civil Liberties Union at the Erie County Holding Center. International Law Society The goals of the ILS are to organize student interests in transnational law and public international law, to establish a resource center for information on summer and post-graduate courses and to organize campus and community symposia and events on current international legal issues. The NLG is a nationwide organization of lawyers, legal workers, law students and jailhouse lawyers who use their legal skills to aid the struggles of working people, minorities and women. The Buffalo Chapter offers a unique opportunity to remain politically active while attending law school. Buffalo Legislative Project The BLP provides law students with the educational opportunity to perform various types of legislative research and bill drafting. Moot Court Board The purpose of the Moot Court Board is to promote the art of appellate advocacy. A competition is held in the Fall to give all first and second year students an opportunity to become members. State and Local Government Law Program Board The SLG exists to promote interest in the study of municipal and local government law. Black American Law Students Association The goals of BALSA are to ascertain, voice and protect the interests of minority students enrolled at the law school, aid in further recruitment, and make the law school an integral part o* the minority community. Hispanic, Asian, and Native American Law Student Association The members of HANALSA hope to increase the number of Hispanic, Asian, and Native American law students and faculty in our law school. Phi Alpha Delta Law Fraternity International PAD hopes to unite students of law with teachers and members of the bench and bar, encourage scholarship and professional competence, and promote the general welfare and bonds of fraternal fellowship of its members through providing service to the student, the school and the profession. Buffalo Consumer Organization This group, beginning operation this semester, will provide law students with first hand experience in mediating consumer disputes. Through this experience, the student will learn some substantive consumer law and the community will benefit as well. Environmental Law Society Last fall, the Society was involved in doing research regarding the disposal of hazardous wastes (focusing on the Love Canal). Buffalo Public Interest Law Board The Board was established in Spring 1979 to financially assist law students who are interested in public interest law. The Board, consisting of two Student Bar Association representatives, two Buffalo Law Review members and the Assistant Dean funded two $1,500 fellowships for the summer of 1979. Two law students are now using the fellowships by working at Legal Services for the Elderly Project of Erie County and Western New York, Inc. $1,500 was given by the Student Bar Association and the other $1,500 was given through individual contributions of Law Review members. From this beginning the Board will solicit other funding in order to assist a greater number of law students who wish to pursue public interest law goals. 5 �What They Expect From You a memo to first year students from Grace Blumberg I recently learned that the following memo, which I wrote at the end of my first year in law school, has been regularly distributed to incoming students. My first impulse was to suppress it but I have been persuaded otherwise by students who say that they found it helpful. I would, however, like to qualify some of my earlier advice. First, the memo was not written for all incoming students but was instead intended for a small group of students who were expected to have more than their share of adjustment problems. Furthermore, even if the memo had been intended for all incoming students in 1969, they were, in terms of entrance credentials, quite different from more recent classes. The study methods suggested in the memo, while perhaps still useful for most students, may not be necessary for some members of the present first year class. Second, the tone of the memo is one of unremitting labor and considerable strain. While tension is unavoidable at exam time, the rest of the endeavor need not be particularly stressful. It is, I think, feasible as well as desirable for first year students to work no more than a slightly extended work week, i.e., 9 to 5 weekdays and one day of the weekend. If you use your time efficiently, there should be no need to give up extra legal interests, abandon your friends, widow your spouses and orphan your children. The first year student needs two kinds of discipline, that of work and that of maintaining balance and perspective. What They Expect From You: That you will master all the material and that you will be able to synthesize itand apply it to concrete problems. You will be required to do this under extremely adverse conditions, the final exam. How To Master The Material 1. Do exactly what they tell you to do. Brief every case. Read everything that is assigned. Since it is humanly impossible to read every case collaterally mentioned in class, do not bother to even write down the citation unless the instructor gives you A. the impression that you are seriously expected to read the case or says that it will be discussed in class. 2. Re-read each case or textual note until you feel you understand it completely. Take ample notes and briefeach case in sufficient detail so that you can use it rather than the casebook when the case is discussed in class. Don't spend too much time pondering the questions posed in the case notes. Many ofthem are frivolous, irrelevant or unanswerable. 3. How to read a case: Read the case checking off the essential points. Re-read the case to catch any points you may have missed. Then write your brief. This method is slow and tedious but it is effective. Do not be disturbed if you can only cover sto 10pages an hour since the weekly assignment in each course will usually be no more than 40 pages. 6 4. Use legal notebooks and write only in the right hand margin. If you have any questions, write them in the left hand margin. When the case is discussed in class, you will readily see the question. (If it is not answered in the course of the discussion and if you do not get a chance or are too reticent to ask it, see the instructor after class. He will not mind and will probably be very patient, particularly during the first month.) Put your class notes in the left hand margin. If you find you are taking extensive class notes which should not be necessary if you have briefed the cases and the instructor is not giving you additional material you can use the right hand margins of only one side of each page and then have plenty of space for class notes. This way you will be able to keep all your material on any one case, class notes and your brief, together. About taking notes: if you are forced to make a choice between trying to write everything down the instructor says and trying to follow his train of thought, stop writing and listen. It is more relaxing and you will get more out of the class. — — 5. A few thoughts on reading cases and writing briefs: a. Get the facts straight. Make a diagram. Who is suing and what does he want? b. Don't waste your time trying to anticipate what the outcome will be, particularly during the first few months. You won't know enough to do it with any degree of success; you'll only succeed in needlessly deflating your own ego. c. A case is an opinion, a statement made by a judge generally sitting on an upper (appellate) court in which he justifies a decision the court has just made. Generally, one man writes for the majority but there may be concurring opinions as well as dissenting ones. Always remember that you are reading a justification, even a rationalization, for a decision already made. The judge is writing the opinion to convince you that his decision was a good one; he is not writing with an open mind, not waiting to see where his learned considerations will lead him. He already knows. Be critical when you read. Is his approach logical? Is he stating the legal rules correctly? Are the rules truly applicable to this set of facts? Is he-giving balanced weight to all the facts or is he conveniently ignoring some? At first, opinions will probably seem faultless to you. You won't know where or how to begin to criticize them unless you simply morally disapprove of the decision. However, after a month or so you will be able to and should begin to intelligently criticize what you read. d. Try to understand all the reasons for the judge's decision not just the reasons he gives in his opinion. Are there social reasons? Economic reasons? Other reasons? What are the ramifications of such a decision? How will it affect people in the future? What do you think about it? Ethically as well as legally. Is it reasonable? Is it fair? c. How does the case fit in with the ones you've already read? Does it add anything new? (It should or it would not be in the casebook.) Does it represent a development or a change in the law? f. Regarding the specific form and content of briefs, there is a standard form which you will be taught in class. If you do not write well you can improve your style by carefully composing your briefs. If you do wrife well there is no point in - - �bothering about the stylistic quality of your briefs. Although instructors place a great deal of emphasis on "style," they simply mean "clear and concise writing." Learn how to be direct, clear, specific and fluent. It is not necessary to have a highly polished or literate style. Florid expression and verbosity should be avoided. If you have had problems writing papers or exam essays, if your college instructors criticized your style or if it simply takes you a long time to set down your thoughts on paper, you should utilize every opportunity to improve your writing ability. Brief writing is a good opportunity. Because time pressure is a strong element in final examinations (for me it was easily the worst aspect), you must learn not only how to write well but how to do it very rapidly. yourfellow students and the instructor. Why you have to learn how to learn law by yourself: In law school they cannot possibly teach you "the law." All they can do is survey selected topics and teach you how to learn the rest yourself. When you have a research or moot court problem and when you finally practice law, no one will explicate the law for you. That is your job. Therefore, the most important work you do at first is learning how to study and prepare the material that is given to you. D. What (I Think) They Want You To Learn In Law School And How They Will Measure Your Learning Success It may seem a little late in the course of your intellectual development to start developing the mental equipment that will help you do well in law school. But I think that you can still B. Whether Or Not To Attend Class develop essential areas and also not waste your time worrying (This section is intended to apply only to those classes for about deficiencies you think you may have if they are which attendance is not its own reward, those classes you leave inessential or irrelevant. For example, I worried quite a bit regretting that you did not spend the last hour someplace else.) about my rotten memory. It seems to have made little Instructors will tell you that you are not compelled to difference. You will never have to remember a date or specific attend class (true enough attendance is not taken) and that a fact or even a case name. student need not attend class and it will not be counted against As oversimplified as it sounds, they are trying to teach you him if he does well on his exam. This sounds all the more how to be "smart," to be a "smart lawyer." To understand plausible when you consider that grading is anonymous. Each certain legal principles, to understand the reasons judges state student has a number. and leave unstated for deciding as they do, to understand the It is difficult, however, to do well in a course that you do social, political and economic results/They want you to be not attend regularly. While most of the covered material can clairvoyant - to see through what people say and dp in short, generally be found somewhere or other in the casebook, the to be "smart." instructor normally uses classroom time to focus attention on They measure your success by your ability to organize and the issues and areas he considers most significant. The final articulate your understanding and perceptions. You must be exam tends to reflect the classroom experience. able to do this. I 'ye already suggested careful brief writing as one exercise. Papers, written exercises and practice exams (even C. Attending Class make a you though they don't count) are good ways to accummulate skill for each class not will prepared Be because 1. bad impression on the instructor or embarrass yourself if you before the godawful test of all you've done, the final exam. Examinations are practical in the sense that you are usually are called on and have not read the material but because lack of preparation will totally defeat the specific type of education not asked to write essays about cases you have studied or about developments in a certain area of law. Rather you are presented process used in law school. The process is highly structured: a. They assign cases. with a massive factual situation (sometimes amusing the only to read and library) redeeming factor) and you are asked to be a lawyer giving legal b. You go home (or better, to the to one party (always taking into account the adversary's You to learn it advice yourself. very carefully. try material briefthe c. You go to class. A student is called on to present his case) or to play a judge, decide the case and write an opinion. two to six such problems make a three-hour final. If you brief or the instructor begins discussion himself. In either case you get an initial chance to compare your comprehension with are well prepared, there is no time to light a cigarette, drop a rather than another. The that of another person. There is general discussion and you get pencil or pause to choose one word only way to avoid the pressure of time is not to know too to compare your own understanding with that of the rest of the failing. class. You are picking up any points you may have missed and much. But that is also the surest way of have most teachers do not have a I testing. gathered, As far as reality a kind of Do you are engaging in very important preconceived notion of the answers. They read over a you really understand everything as well as you imagine you do? for example, Or, conversely, if you suffer from lack of self-confidence (very substantial number of papers and then decide that, points. ten relevant Each there are you twenty point question, as a in do not understand much as you really at first), common you give a check check marks you hit mark. Ten point you gets fear or does one new fact or idea make everything clear? how thoroughly to see that no matter It is twenty points. easy the work and Over the weekend review week's you d. or even brilliantly you explicate any one point you can get no things should start to fall into place. Do not be overly to hang don't seem more than two credits for it. The object is to hit every point concerned if separate cases and materials can patterns. you quickly but amply enough to show the instructor you to make out the on first It takes a while view. together that understand it and then to move on. It usually takes a maximum you will Now - if you go to class unprepared, figuring four sentences to get your check mark. you of three to in explained class, better the material after it is understandtalk a great deal about "organization" but this Instructors are losing the most important part of the learning process, "style," like is a glorified misnomer. To me, true term, and the getting law, how to learn and use teaching yourself continued on page 12 of chance to compare your level of comprehension with that - - - - - — 7 �Your Professors by Rick-Valentine The first year class is divided into three sections. Each section has four assigned professors who teach the required first semester courses: torts, contracts, criminal law, and civil procedure. Torts is the study of law suits arising from the intentional or negligent acts of others. You will study the types of legal rights which may be protected by the courts. Examples of tortious acts are assault, battery, false imprisonment, and negligent acts which cause injuries. Contracts is the study of how the courts interpret and treat written and oral agreements. You will learn what is required for the enforcement of a contract by a court. Criminal law introduces the student to basic concepts in criminal law. Definitions of basic crimes and their components will be examined, such as homicide, robbery, larceny, criminal intent and what constitutes a criminal act. Civil procedure is the study of the rules governing law suits, and how the courts interpret them. Some of the topics examined are jurisdiction of the courts over subject matter and persons, rules pertaining to how notice must be given to persons involved in the matter to be litigated and how discovery ofevidence is to be carried out. procedure professor Section 1 Rolf Nils Olsen received his B.A. with honors in 1969 from the University of Wisconsin. He received his J.D. from Columbia University Law School in 1974 where he was a Harlan Fisk Stone Schlar and a James Kent Scholar. He was awarded the Robert Noxon Toppen Prize for one of the best three examinations in constitutional law for the year 1972—73. Olsen's previous employment includes a clinical fellowship at the University of Chicago School of Law, a judicial clerkship for Chief Judge Thomas E. Fairchild, United States Court of Appeals for the Seventh Circuit, and a student law clerkship for Legal Services for the Elderly Poor in New York City. Olsen joined the Buffalo faculty in January, 1978. Professor Richard Bell, who is teaching section 1 torts, received his B.A. from Northeastern University in 1964. He then attended graduate school at California State University, San Diego from 8 1966-69. He earned his M.A. and J.D. from Yale University in 1973 and is presently a candidate for his Ph.D. from Yale. Bell was a pension plan analyst for the Continental Insurance Company of Chicago from 1965-67. He has been on the faculty at Buffalo since 1974. His present research includes a three part series, "Standards of Proof," "Burdens of Proof and Presumptions," and "Intention and Motivation of a Legislature." As well as torts, Professor Bell's teaching interests include conflict of laws and evidence. Professor Philip Halpern, who is teaching section 1 criminal law, received his B.A. from Columbia College in 1968 and his J.D. from the University of Pennsylvania where he graduated magna cum laude in 1973. At the University of Pennsylvania he was a member of the Order of the Coif and served as an editor of the Law Review from 1972-74. From 1968 to 1970 Halpern served in the U.S. Army. During 1973-74 he was a law clerk to the Honorable Stanley A. Wiegal, U.S. District Court Northern District of California. He then served as a legal counsel for the Legal Aid Society of New York City from 1974-75. Halpern practiced law in San Francisco before joining the faculty-at Buffalo. Halpern has written Civil Rights Removal After Rachel and Peacock: A Limited Federal Remedy for the University of Pennsylvania Law Review. Section 1 contracts professor Virginia Leary received her B.A. in 1947 from the University of Utah, and her J.D. in 1950 from the University of Chicago Law School. In 1971, Leary received diplomas from the Hague Academy of International Law and the International Institute of Human Rights. She is presently working on her Ph.D. Leary has done legal work on the implementation of human rights treaties by ratifying states for the International Labor Office. She also has participated in international commercial arbitration and has prepared a legal opinion suggesting improvements in the international law on the protection of children in time of armed conflict. In 1975, Leary was a lecturer at the International Institute of Human Rights Alfred S. Konefsky Rolf Nils Olsen Virginia Leary Jacob Hyman Richard Bell �on the topic of the working conditions of women. She joined the Buffalo faculty in 1976. Section 2 criminal law professor James B. Brady received his B.A. in 1961 from Southern Methodist University, his J.D. in 1964 from the University of Texas Law School, where he was an associate editor of the Texas Law Review, and his Ph.D. in 1970 from the University of Texas. Brady has been a member of the Philosophy Department at U.B. since 1967, where he is presently an associate professor. He also served as associate chairman of the Philosophy Department from 1970-72 and as an assistant Provost of the Faculty of Social Sciences and Administration from 1972-75. Brady has published several Law Review articles on such topics as the insanity defense, strict liability offenses, negligence and legal philosophy. Section 2 civil procedure professor Paul Spiegelman received his B.A. in 1964 from Columbia College where he earned the Dean's Letter of Commendation; and his L.L.8., magna cum laude in 1967 from Columbia University School of Law, where he was a member of the Law Review Board of Editors. Spiegelman served as a law clerk to the Honorable Jack B. Weinstein, U.S. District Judge, Eastern District of New York from 1967-68, assistant to the General Counsel, Department of the Army, Washington, D.C. from 1968-69 and as an attorney for poverty and civil rights organizations. He has also been a member of a small firm specializing in employment discrimination cases since 1971. While engaged in private practice John Henry Schlegel Speigelman taught law at Wayne State, Golden Gate University, Hastings College and the University of Utah. Section 3 contracts professor Alfred S. Konefsky received his B.A. from Columbia University in 1967 and his J.D. from Boston College in 197Q. Konefsky was a Book Review Editor of the American JournalofLegal History and an Editor of the Legal Papers of Daniel Webster at Dartmouth College. He was also a Charles Warren Fellow in American Legal History at Harvard Law School and in 1976 he taught at Boston College Law School. Professor Konefsky joined the Buffalo faculty in 1977. Professor Konefsky's publications James B. Brady NOT PICTURED Al Katz Paul Spiegelman Philip Halpern Robert Berger include works on Daniel Webster, the history of american lawyers, and biographical essays on Joseph Story, James Wilson, and James Kent. Jacob Hyman, who is teaching sections 2 and 3 torts, received his B.A. magna cum laude from Harvard College in 1931 and his L.L.B. cum laude in 1934. Hyman served as government counsel for a variety of administrative agencies in Washington from 1939 to 1946. His publications include articles on home rule in New York, desegregation of public schools, judicial responsibility, and standards for preferred freedoms. In addition to torts, Hyman has taught administrative law, civil procedure, collective bargaining in government, constitutional law, family law and many other subjects. He has been a professor of law at Buffalo since 1946 and served as dean of the law school from 1953 to 1964. Professor Al Katz, who is teaching section 3 criminal law, received his 8.5.. from Temple University in 1963, his J.D. from Berkeley in 1967. Katz was a lecturer in law at Boalt Hall in 1967^ He served as a staff member of the American Bar Foundation from 1967-69 before joining the faculty at Buffalo in 1969. Professor Katz has also been a member of the Board of Directors and has served as General Counsel to the Buffalo Organization for Social and Technological Innovation and Counsel to the Buffalo Chapter of the American Association of University Professors. Katz has written numerous book reviews and law review articles concerning topics such as privacy, pornography, conspiracy and morality in the criminal law. His current research concerns boundary theory. Besides criminal law, Katz's teaching interests include evidence and federal jurisdiction. Professor John Henry Schlegel, who is teaching section 3 contracts, received his A.B. in 1964 from Northwestern University and his J.D. from the University of Chicago in 1967, where he was a member of the order of the Coif and the Law Review. During 1967-68 Schlegel was a teaching Fellow at Stanford University Law School. He then served in the Legal Aid Society of Chicago from 1968-73. Schlegel joined the faculty of Buffalo in 1973. His publications include articles on conscientious objectors, judicial decision making and civil procedure. Schlegel's interests, besides contracts, —continued on page 16 9 �Administration Profiles Lundquist by Mary dual-degree program and student recruitment, and serves as liaison for minority student affairs. Charles H. Wallin, Registrar and Assistant to the Dean (313 O'Brian), oversees student records, compiles grade data, assists students with academic concerns and grievances, schedules courses, guides students seeking financial aid, serves as the law school's budget and finance officer, and supervises the admissions staff. Wallin received his B.S. in accounting. He previously served as the Assistant University Financial Analyst for the UB Thomas E. Headrick, Dean (319 Budget Office. He is married and has five O'Brian), supervises the administration of children. the law school and implements faculty academic policy. He maintains contact and close relations with alumni, members of the profession, and friends of the law school. The Dean represents the law school within the University, the local community, and the state, and in legal and higher education generally. Headrick has held the position of Dean since 1976. Before joining the University, he served as Vice President for Academic Affairs at Lawrence University, Appleton, Wisconsin, from 1970 to 1976. He was the Assistant Dean at Stanford Law School, Stanford, California, from 1967 to 1970. Headrick received his B.A. in Government from Franklin and Marshall College in 1955, his B. Litt. from the University of Oxford, Lincoln College, in Allan L. Canfield, Assistant Dean for 1958, where his field was politics and Student Affairs (311 O'Brian), relates to public administration, his LL.B. from the Student Bar Association and is Yale Law School in 1960, and his Ph.D. involved in student activities generally, in Political Science from Stanford administers student evaluation of faculty, University in 1975. manages law school publications (such as The dean was born in East Orange, student handbooks and catalogs), New Jersey, is 46, married, and has two provides academic and personal children. I counselling to students, assists in the 10 Canfield has been with the law school since 1974, when he served as Assistant to the Provost. He moved into his present position in 1976. Mr. Canfield serves on the Faculty-Student Relations Board and the Mitchell Lecture Committee. He teaches Sociology part-time at Canisius College, and is currently working on a Ph.D. in Speech Communications, researching communicative skills among law students. Canfield received his B.A. in History and Government in 1963 and M.S. in Social Sciences emphasizing Latin American Affairs in 1971 from ÜB. He was born in Corry, Pa., is 44, and has two children. William R. Greiner, Associate Dean (422 O'Brian), provides counselling on major student academic problems, acts on student petitions, assists in relations with other academic units and University central administration, and serves as Chairperson of the Admissions .Committee. Greiner joined the faculty in 1967. He has served as the Chairman of the Legal Studies Program (1969-71) and was Associate Provost at the law school from 1971 to 1974. He is Chairman of the University-Wide Faculty Senate By-Laws Committee. His teaching interests include federal, state, and local taxation, real property, state and local government, and legal processes. Greiner received his B.A. from — continued on page 15 �The 7 Most Frequently Asked Questions AboutLaw School ? by JoePeperone 1) What's a "Q"? A) Less than a "H" and more than a "D". Actually, it means Qualified (I think). Grades in the Law School rank as follows: H (Honors), Q, D and F. The alleged purpose of this system is to relieve the competitiveness of Law School grades. Whether it works is unknown. To tell you the truth, I don'tknow what the system means, either. 2) What is a brief? A) A short outline of an assigned case, prepared by you for use during class. No one else will ever see your brief, thus, it should be written in a manner you will understand. Briefly (no pun intended), it should contain the following subdivisions: 1) Who the plaintiff and the defendant are. 2) What issue or issues are involved in the case. 3) The reasoning the court has used to reach its decision. 4) The court's holding the rule (or rules) of law the decision sets out. 5) Who wins and who loses. 6) Your personal opinion on what the case says, why it has been assigned. 7) Questions the case brings to mind, for discussion with your classmates or your professor. 3) Should I join a study group? A) Study groups usually consist of between three and six students from the same section who meet once or twice a week Jo attack collectively problems and cases encountered in class. Some study groups are formed shortly after classes begin. Others are created in the midst of pre-exam panic. Certain people are helped by study groups and others are not. You will have to make your own judgment on whether or not you should join one. Don't hesitate to ask second or third year students about their experiences in study groups. Finally, if you do decide to join a study group remember organization is essential to it working properly. Have your questions written down and ready before the study group meeting begins, with each member receiving a copy. — — 4) What is a hornbook? A) A hornbook sets out the rules of law on a particular subject. Needless to say, this can be a great help in studying. However, since the purpose of law school is to teach you to find and apply the rules yourself, extensive reliance on a hornbook can hurt you. Most, if not all, professors abhor students buying hornbooks, but they do tend to be big sellers in the bookstore. I, personally, never bought hornbooks or pre-made course outlines and did O.K. Another good reason for not buying a hornbook is the length with all the reading you will have to do, why add 1,000 pages per course? — 5) Free time, what free time? A) There is no excuse not to have free time during your first year of law school. You should take Sundays or some nights off and enjoy yourself, especially to give your brain and mouth a rest from the law. The penalty for studying law seven days a week for twelve to sixteen hours a day is totally burning out a week before finals begin. So, if you feel pressured or tired, have someone hide your books from you for a night, a day, or a weekend. It will really pay off in the long run. 6) Is the first year of law school grounds for divorce in New York State? A) Not yet, but one negative aspect of law school is that it does tend to change your personality a bit. If you fail to notice the change, your friends and spouse will. Your ability to argue will improve enormously. I found that a great help in buying, a car, but you begin to believe that you are an expert in everything since you can talk your "opponent" to death, an example being when I reduced my sister, who is a college junior, to tears by relentlessly arguing about her courses, most of which I could hardly pronounce. Just remember that your wife, husband, or friends will not appreciate your impassioned oration on government oil-content regulations over your next avacado salad and that you are bound to irritate if you answer all your friends' statements with "You can make a case for that." Don't spend the next year of your life talking about law or to law students. If you feel yourself falling into this trap, go over to the Chemistry building and take in a lecture on ammo acids or protein synthesis. You should always have people to talk to who know nothing about law an*d don't give a damn about what your mean ol' torts professor did today. There is a whole other world outside O'Brian Hall, which shouldn't be neglected, and neither should the people who inhabit it. Remembering this will make the year much easier. 7) Why am I here? A) This is the most frequently asked question by first year law students (Guiness Book of World Records, 1979 Ed.). Not wanting to spoil the suspense, I won't tell you the real answer, but some night at 10:55, as the lights of the library begin to flicker, and you've spent all day trying to find the case that will make everything all clear, you'll decide to look at one more casebook. You'll find the book, something from lowa, 1846 term. Brushing the dust off with your hand, you'll look, page 211, and it will be right there, the rule, the holding, ten cases mentioned that support it. You'll run down to the copy machine, throw in a few nickles, and it's yours. You were right. Despite the late hour, the sun shines and the birds sing. Then you'll know. 11 �What They Expect From You —continued from page 7 organization means analysis, re-organization and synthesis. They don't mean anything so elaborate. Since the problems are factual and have a beginning and an end, "organization" simply means "in order." Start at the beginning and end at the end. Take each problem in sequence. Don't jump around. Avoid too many afterthoughts (but you can pretty much get around this problem by leaving the left hand pages blank and writing in your afterthoughts as they come to you across from the place on the right hand side where they should properly be located). Develop each issue rather than each party's separate case. For example, A sues B, C and D. Discuss A's claim. Then do B, C and D's defenses and possible counterclaims on the issue Ais presenting. Then go on to B's claim and look at it from each party's point of view. Complete the issue B raises and move on to the next. Think of square dancing. DO NOT classify all of A's claims and defenses on all issues and then do the same for each other party. (I used this method on my first practice exam and got an F.) Break down each series of events into the smallest possible independent events and issues and discuss the legal possibilities of each one. Build upon your conclusions if it is appropriate. A simple example: "Having bought a house from B, A discovered the roof was rotten and now refuses to pay." 1. Discuss the sale. Was it valid at all? Was it conditional? What were A's and B's rights under the contract? Under tort or contract law? 2. Discuss discovery of the defect. What did it mean legally? 3. Discuss A's refusal to pay. What does it mean generally? What does it mean in light of the defect? Don't be afraid to mention the obvious or elementary aspects of the case. In fact, you must do so in order to get a good grade. Most instructors refuse to assume that you know anything that you do not put down, even when you go on to discuss more complicated and sophisticated aspects of the question. This is partly due to the check point system of grading. It seems to me that a person could write brilliant answers and not even pass if he did not devote sufficient time and verbiage to the obvious and elementary aspects of the problem. Make a point of mentioning the relevant irrelevant, that information which is not so remote as to be intellectually meaningless but is in fact meaningless in practical terms for the -given situation. Imagine that it is stated in the problem above that B can prove he knew nothing about the roof when he sold A the house. B did not intentionally conceal the condition. Do not ignore the law regarding intentional concealment. Say something like "It's too bad A won't be able to show intentional concealment. But if he could have done so, A's rights would be..." There will be from 2 to 6 questions. You are not obligated to take them in order. I am the only person I know of who habitually mixes up the sequence but doji't think I 'ye ever been penalized for it. (Actually, who knows?) I 1. Read over the exam. Take the easiest question first. You are probably very nervous and ought to show yourself a little consideration. After you finish the first question, you will hopefully feel more relaxed and be better able to handle the harder questions. If there are some definitions or short essays, you might try them for a start. 2. You have now read over the exam and picked your first question. If it is a series of definitions or one paragraph essays, read each one carefully twice before you answer. You'll waste pagel2 less time being overly scrupulous at this point than you would reading everything once, making just one error and having to re-write an answer. If it is a factual problem essay: a. Read the whole question through twice, very slowly and carefully. The second time through start to underline the most significant points. b. Read it a third time, writing in the margins. Make notes all over your essay question. Keep reading it. The points will emerge before your very eyes. Read it until you can't find anything else. If the whole exam is only composed of two very long problems, you may have to handle them in sections. The instructions will generally indicate how to break them down. ,c. Always keep in mind: 1. This problem is not life. It was made up by an instructor to test you. It will usually not contain the irrelevancies of a true life, situation (even if it seems to contain them, treat them as I mentioned in the rotten roof problem. Every fact has some significance. Try to exploit every fact, even if only to say, "This fact is not important because ..." Don't decide something is not important and disregard it. (Even though outside of exam situations this is, of course, a wasteful pattern of thinking. Remember that exam taking is a highly artificial and stylized activity.) 2. In a problem with SO facts you are being given a minimum of SO stimuli. Respond to as many as you possibly can. Relate each fact to as many parties as you can. Given SO facts and 5 parties, you could hypothetically have ISO issues. Since it is considered more important to recognize problems than to devise sound legal answers, concentrate on defining the problem. But do not entirely neglect to suggest a solution or course of action if one is requested. For example, you are given an elaborate factual situation and you are asked to play judge, to make a decision and write an opinion. You are expected to analyze all the facts, apply current legal principles and come up with some sort of decision. Very often it doesn't matter whether you decide one way or the other, although your reasons for making either decision will be important. Don't worry about the "right" answer in this sort of case. Your decision could rival Solomon's for wisdom and you could still fail if you didn't treat each and every problem in detail. If you have a choice between two equally good paths to opposite �decisions, take the one that will give you the greater opportunity to show how much you know. If you are convinced the correct or wisest decision is the one that allows you very limited opportunity to display your wares, say so and then go on and do the other one. 3. Disregard for the ultimate solution or decision is not, however, a blanket rule. An instructor who has spent more time practicing law than teaching it may be more concerned about the soundness or usefulness of the advice you would give a client in a "and now advise your client" question. 4. Time You'll never have enough time to do a really good job. Students cannot do their best in th6 time allotted unless they don't know anything to begin with. The more you know, the greater the strain will be but the better you will do. However, the more you know, the more likely you are to feel disappointed and feel that you have not done well. If you are well prepared you should anticipate this feeling and not worry excessively (in fact, not worry at all) between the end of finals and grade distribution one month later. — E. How To Prepare For Finals 1. Keep up all term. Do all your briefs and finish all papers by the end of classes. 2. Make course outlines and study. Get together with a study group. 3. Take your exams. 4. Take the best vacation you can afford with all the money you've saved by staying home and studying all term. JUST REMEMBER 1. Your instructors have had a lot of practice at this sort of thing. 2. They are not only showing you how clever they are but have themselves been taught by clever instructors and have probably read outside sources on each case or issue. 3. They may be purposely intimidating you for educational reasons: to get across a point, to teach you how to approach a problem.orsimply to make you work harder. 4. They may be intimidating you for non-educational reasons such as personal aggrandizement or sadism. They may simply be entertaining themselves at your expense. This is not too common but I'm sure you'll see it occasionally. If you are progressing as you should, after a month or so you will begin to feel more competent about your ability to handle the material and participate in class. After 6 weeks you will have practice mid-terms. You should take them just seriously enough to get some practice. Don'tbe distressed by a D or an F. I find that much easier to say than I did to do when it happened to me. It took me a couple of weeks to regain my lost confidence and the grade was not even an accurate prediction of how I eventually did on the final. Therefore: 1. Use the practice exam for the purpose the name suggests, for your practice and convenience. It may take you a while to get used to their bizarre method of evaluating you. That is why you are taking the practice exam. People are not born knowing how to take law school exams and life does not prepare you for the event. F. Course Outlines Ideally, you would make an outline of every week's work all term long and then you would have them ready well before finals. However, it will take you quite a while to learn enough to know how to make a meaningful, useful, intelligent outline. You'd probably be wasting your time if you began on them before Thanksgiving. Also, making up outlines is a good way of reviewing material and premature review would not help you to study for finals. Furthermore, quite a bit of your work will be tedious and boring. This is particularly true of reviewing. Making an outline will keep you awake, even alert. The same is true for writing briefs. It's much harder to fall asleep with a pen in your hand. G. Dealing With Your Feelings You will probably experience a widerange of feelings about your personal worth, adequacy and development during your first year. I will try to sketch the range of feelings I felt personally and give you a second hand version of those expressed by my friends. You are probably starting with a cautious but slightly anxious optimism. This may survive orientation (which seemed to me an exercise in absurdity and intimidation). "If you all work hard and do your best, you can all be in the upper half of the class." A certain fatalism is suggested; some people have it and some people don't. "The front door is broad (admissions) and the back door (graduation or really surviving the first year) is narrow." In fact, it is rare that a student actually flunks out. Most "failures" give up and quit school. Your early class experience will probably convince you that you have absolutely no aptitude for the law. You miss the obvious. You didn't even notice the most significant fact. It is all so transparent as your instructor repeatedly points out. 2. Another reason not to take the grades too hard, particularly one poor one: The instructor may just be trying to discourage some aspect of your presentation and may be penalizing you more than he would if it were a real exam. 3. If you do poorly, see the instructor right away and find out why. Don't brood over it. 4. If you are afriad that you will be very upset if you don't do well and that not doing well would seriously interfere with general studying efficiency, you might be better off not taking the exam or not handing it in for grading. If you decide not to "take" the practice exam, make sure you pick up a copy, take it home, study it, write out a careful answer, discuss it with your friends and the instructor. Get the practice without the pain. In retrospect, that is the way I would have done it. The next time you may not be feeling your best is just before and during finals. If you feel you are perilously close to complete collapse, bear in mind: 1. You have every right to feel that way. You are being asked to show how much you've learned in conditions that rangefrom adverse to inhuman. 2. You are not unusually nervous, stupid or weak. No one feels very good. 3. You will probably not feel that you did very well at all. The nature of the exams is such that it is your relative rather than absolute accomplishment that will be judged. (He is first in his class. He did the best "bad job." Everyone else just did worse.) 4. There may be several correct answers. Don't discuss your answers right after you take the exam. (Particularly avoid overbearing people who are determined to convince you that their answers [different from yours] are absolutely and uniquely right) After you finish finals take a vacation as far away as you can manage to go. 13 �RECESS by Ted Donovan This is an attempt to present a quick tour of some ways to relax at ÜB. Before we begin, however, a few points must be made. First, the opinions expressed here are the author's alone and are not always shared by the rest of the law students. In fact, from what I 'ye observed during my first year at ÜB, very few students in the law school even thought about trying to relax during the term except for an occasional drinking binge. You can't concentrate on your work unless your mind is relaxed enough to absorb what you are reading. However, law students are not known for having a great deal of free time. Therefore, the first criterion for this article is that it will look only at ways to get away from it all right on campus where you won't have to waste time coming and going. Just step outside the law building or-hop on over to Main Street and relax for an hour or two before going back to the grind. The second criterion for events described here is that they are cheap we spend enough money on tuition and books without going broke on our entertainment. I will ignore the obvious, like sporting events and theatrical performances that every college and university offers. If you are interested in these you'll learn where to find them. I will also limit my comments on that greatest of all mind-dullers, the television set. I do suggest if you want to watch a lot of TV you bring your own set. The TV sets in the dorms get poor reception and for some strange reason do not receive as many stations as private sets. If you have to run over to a set in the middle of the afternoon to catch your favorite soap opera instead of studying, I suggest the Richmond Lounge in the Ellicott Complex as it has better reception than any other set at Amherst. One other observation. There are only 750 law students at ÜB, compared to a total university population of around 25,000. Therefore, almost every single activity described here is sponsored, paid for and participated in, with the other — students, especially the undergraduates. Don't let this dissuade you from doing something; remember, you were an undergraduate once yourself. But don't be surprised when you are surrounded by non-law students at the Pub or in a 14 movie. In fact, one of the main During the week, quality films from attractions of some of the things to do at the past are shown on both campuses by UB is that you and your friends can go various undergraduate departments, and not have to talk shop. usually in the form of a series of films shown on the same night each week, i At the Amherst Campus students can For example, one Monday night series get together at night at either the Student last fall concentrated on black and white Club, or the Pub. comedies, including silent classics by The Student Club is a' snack bar Chaplin and Keaton, Tracy-Hepburn featuring wine, beer and the usual junk movies, and other comedy classics such as foods hamburgers, hot dogs, etc., as The Lavender Hill Mob. Series last year well as Buffalo's speciality, chicken also dealt with women, including special wings. For those unfamiliar with the last nights for Bette Davis, Katherine delicacy, the chicken wings are deep fried Hepburn, and Jane Fonda, as well as like French Fries and then covered with series of films from India, Germany and hot sauce and served with celery and bleu Italy. The second best part about these cheese to cool off the digestive system. course-oriented films is that they are free. They are good and served all over the The best part is that most are preceded city. by a cartoon, usually very old, such as the 1950's Superman cartoons. The Pub, which opens every night at In case some students prefer live nine, also serves chicken wings as well as entertainment to movies, in addition to pizza and tacos. In addition to food the the bands at the Pub, the university has a Pub offers beer, mixed drinks, and live ticket office in Squire Union which sells bands on Friday and Saturday nights. student priced tickets for every major There is also a game room with pool, foosentertainer who comes to Buffalo, ball, ping pongand pinball. Admission is including rock stars and comedians. UB free during the week with a one dollar cosponsors several events of its owrtj like ver charge when there is a band. These recent performances by Robert Klein, bands are local, and generally, better than Phoebe Snow and Dan Hill. Besides average. The Pub features specials entertainment, UB offers a number of most week nights, such as an open speakers during the year, ranging from an microphone one night or a half-price American couple who have lived in the night on tequilla drinks. Prices for mixed People's Republic of China for the last drinks average about $1.20 with beer at fifteen -years, to Bruce Beyer, a major 50 cents a glass. Buffalo figure from the anti-Vietnam War For people who prefer movies to movement. The law school also has guest drinking, UB offers an incredibly wide speakers. In the past few years Leon range of films each week. The University Jaworski, Ramsey Clark and Michigan Union Activities Board (UUAB) shows Law Professor Yale Kamisar have spoken. If you prefer less organized activities, movies each weekend at the Squire Hali the Squire Hall Union offers pool tables, Union on the Main Street campus for a one dollar admission fee. UUAB generally ping pong and a bowling alley. Those presents off-beat popular movies, such as students who like to sink into a good (or Story of O, A Boy and His Dog and trashy) novel will find the browsing Bound for Glory, as Well as weekly libraries very helpful. There is one in midnight, movies which last year included Squire and one in the Ellicott Complex. Andy Warhol's Bad and The Texas Chain They keep up to date on all the popular Saw Massacre. The Friends of CAC and magazines, as well as every type of the InteY-Residence Council (IRC) show paperback from the classics to movies each Friday and Saturday night. Doonesbury. The people who work in The CAC movies cost one dollar. The IRC these libraries are very willing to help, movies are free to members and cost one and have gone so far as to order those dollar for everyone else. IRC and CAC books students want that they don't have movies are shown in Farber Hall on the yet. Perhaps the best of the university Main Street Campus and Room 170 services for students is the music room. In Fill more in the Ellicott Complex at Squire, next to the browsing library is a Amherst. These movies are almost always lounge with six private listening rooms good and often surprisingly recent and a fine collection of albums. It's — �—continued from previous page amazing how much more legal jargon can be understood while listening to Billie Holiday than while sitting in the library listening to the rhythm of the Xerox machines. If you Irke to walk, the Main Street campus has all the rustic quality of a 1950's MGM college musical, from the beautiful large trees to the fountain outside of Squire. The Amherst Campus is still somewhat bare but the island in Lake LaSalle is peaceful and the new dogwood and willow trees are nice. If you get hungry, it's a nice stroll from Ellicott through the Audubon housing development to Burger King. The law school also has entertainment. In March the Second Annual Law Revue was held. This Revue was a "talent" show put on by the., students, faculty, and administrators of the law school. Administration Profiles —continued from page 10 Wesleyan University in 1956. At Yale University, he received an MX in Economics in 1959, a J.D. in 1960, and his LL.M. in 1966. He was born in Meriden, Conn., is 45, married, and has four children. Barry B. Boyer, Associate Dean (318 O'Brian), is co-director of the Baldy Center for Law and Social Policy, which oversees dual and joint degree programs. Healso co- Wade J. Newhouse, Associate Dean and Law Librarian (205 O'Brian), is head librarian and the representative of the Faculty and the Dean on library matters. Newhouse has been with the law school faculty since 1958. Prior to that, he was a Ford Foundation Teaching Fellow at the Columbia University Law School in New York City. He received a B.A. in Political Science from Southwestern University, Memphis, Tennessee, in 1948, and a J.D. from the University of Michigan in 1951. His teaching interests include collective bargaining in government, constitutional law, and education law. Newhouse is 57, married, and has three children. ordinates curriculum development, and guides work of the Academic Policy and Program Committee. Boyer has been with the law school faculty since 1973. He was a Visiting Associate Professor at the University of Virginia Law School, 1975-76. He was Chairman of the Committee on Long-Range Planning for the law school, ADMINISTRATIVE STAFF Audrey Koscielniak (308 O'Brian) is assistant director for placement. She also maintains law school accounts and oversees purchasing, supplies, equipment, and other administrative services for the school. 1974-75. He teaches courses in administrative law, consumer protection, and trade regulation. He received his B.A. from Duke University in 1966 and his J.D. from the University of Michigan in 1969. Boyer is 35 and is married. Placement and Alumni (316 O'Brian), is responsible for developing placement contacts and opportunities, establishing relations with the legal community and alumni, carrying out fund raising activities, and administering continuing education programs. Carrel is a member of the Board of Directors of the law school Alumni Association, and has been a partner in a local law firm for the last ten years. He was named to his present position this year. He received a B.A. in Biology from Hamilton College in 1964 and an LL.B. from the U.B. Law School in 1967. Carrel is 35, married, and has three children. Alan Carrel, Associate Dean for Phyllis Blendowski (511 O'Brian) is supervisor of the secretarial staff and the law school printing and copying activities. Helen Crosby (306-B O'Brian) handles admissions processing and course registration actfvities. 15 �lYourProfessors from page 9 I include commercial law, civil procedure, judicial decision making, public utility rate regulation and counseling. Robert Berger, section 3 civil procedure professor, received his A.B. magna cum laude from Kenyon College in 1970, where he was Phi Beta Kappa. He received the John Chestnut Memorial Prize there in Political Science. Berger received his J.D. cum laude in 1973 from the University of Chicago, where he was a member of the order of the Coif and the Law Review. Berger served as a law clerk to the Hon. Luther M. Swygert, Judge of the U.S. Court of Appeals for the Seventh Circuit from 1973-74. He worked as an attorney with the Health and Welfare Unit of the Legal Assistance Foundation of Chicago, engaging primarily in federal class action litigation in areas of mental health, health, and social security. Berger has served on the Board of Governors, Chicago Council of Lawyers, the Chicago Council of Lawyers, Mental Health Committee, the Board of Directors, Fund for Justice and the Patient's Rights Subcommittee of the Governor's Commission to Revise the Illinois Mental Health Code. He joined the Buffalo faculty in August of 1978. Getting Around Buffalo and the Law School -continued from page 4 phone; they must be seen in listings are given out over the person. However, they will mail out, on request, general informationabout housing and leases. Newspapers are another good source of housing leads. The Spectrum is the University student newspaper and has a classified section in the back. Buffalo community area papers also carry housing ads. These papers can usually be found in local drugstores. The major citywide papers are the Buffalo Evening News and the Courier-Express, both of which have a lot of housing ads, usually divided by regions. While you are looking, where can you stay? The University has a Conference Center where you can stay while you look for a place. However, the Conference Center closes August 25th. For information and reservations, write to: Nancy Marmoros Wilkeson Desk Off-Campus Housing Ellicott Complex SUNY at Buffalo Amherst, New York 14260 Reservations may also be made by calling 636-2011. Space is limited, so be sure to make arrangements well in advance. If you want to live in a dorm, write to the same address soon. Spaces are filling up fast. Remember to check leases carefully. Legal aid located in Squire Hall will look over leases for you. The off-campus housing office, also in Squire Hall, will provide you with information on what to watch for in leases. Find out if heat is included in your rent. In Buffalo, that is the major bill. Don't get discouraged. The best housing is often snapped up at the end of the spring term because of 12-month leases. The earlier you get to Buffalo to look for housing, the better off you will be. It is hard to find housing for one person, so consider moving in with other students. You might even want to find out from the Registrar or assistant dean who some other first year students are and try to room with them. Good luck. 16 Financial Aid During the regular academic year, Jay Marlin is the law student financial aid counselor. His office is located in 303 O'Brian, next to the Office of Admissions and Records. Placement The Law School deems placement of its graduates to be a continuing concern. Though the school is not an employment agency, it stands ready to assist its graduates in locating suitable opportunities for their own professional development. The Placement Office is located on the third floor of O'Brian, and maintains bulletin boards with notices of full-time, part-time, and summer positions available. Committees Student positions are available on many Law School committees. Appointments to committees are made through the Student Bar Association, and information about available positions will be publicized early in the school year. The committees include Budget and Program Review, Appointments, Academic Policy and Program, Admissions, Faculty-Student Relations Board, Judicial Clerkship, Library, Minority Student Program, Mitchell Lecture, Self-Evaluation, and State and Local Government Law. Some committees are composed simply of students who wish to volunteer theirtime, with no appointment requirement, such as Orientation, Commencement, and Student Life. Lockers Lockers are available for first year students in the basement of O'Brian Hall. You may register for a locker anytime after August 14th and you must supply your own lock. There are two sizes of lockers in the basement. The full-length lockers are reserved for second year students. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-07-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 14 Date Issued Date of formal issuance (e.g., publication) of the resource. 7/1/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d48c936c80ee6aba84a666efef90510e.pdf 3cd9e15e4c9a53b8d9a841ef06183c96 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 19, Number 13 Opinion Mtoi John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law April 26,1979 Dean Drafts New Curriculum by Paul Bumbalo In an effort to broaden the scope of legal education Dean Thomas Headrick recently released his proposal to revise the curriculum at the law school. The dean's proposal, Suggestions for Curricular Change, is designed to produce a more interesting course of study in order to combat the present stagnation in legal education. " mlke s/"7"/ro Dean Headrick The first year curriculum would be restructured to provide a wide range of legal studies. Procedure would be a 32 week, two semester course encompassing civil and administrative procedure. Research and writing, Expanded to include legal ethics and a moot court project, would commence in the fall and run for two semesters. The moot court project would be a full scale simulated appellate trial based upon a trial record and argued before a three judge panel. Contracts and torts would be combined into a course called private rights and duties and would- last 21 weeks. The remaining 11 weeks of the spring semester would consist of a course in property, emphasizing a historical perspective. Criminal law and constitutional law would remain in the traditional 16 week format and would be offered in the fall and spring respectively. The first year' would also include a series of four short courses designed to broaden exposure to practical matters. This would include a nine week course in lawyers and lawyering and a seven week course4n judges and judging. The latter would demonstrate how the judicial decision-making process functions and what the court opinion actually represents. Together, these two courses would provide general introductory knowledge in addition to providing an alternative to the traditional and highly structured case law format. Of the remaining two short courses, one would be a 10 week course in legal institutions, focusing on the interrelationship of the state legislature, intermediate appellate courts and administrative agencies, and the other, a six week introductory course in business and commercial law. The second year curriculum would be restructured to include substantive areas of law, as well as studies of the legal system and lawyering skills. The third semester of law school would consist of tax I, two substantive courses and i legal institutions course, which would bgild on first year studies of the elements of the legal system. The fourth semester would include one substantive course, a sequence course, which would be part of a related sequence of courses culminating in advanced seminar work, one skills course dealing with practical aspects of legal work and another legal institutions course. The substantive course requirement would be filled by choosing from courses that are presently second and third year electives. It is proposed students be required to take at least three but no more than five substantive courses during the second and third year. Another suggestion is to limit class size to approximately 60 students. Smaller class size would? allow the faculty to use a variety of non-traditional methods. The gaps in students' programs caused by their being closed out of a desired course in the new curriculum may be filled by a system which allows or possibly forces students to round out their legal education. This aspect of the curriculum change will be realized through the use of proposed self-learning or mini courses. This addition Dean Headrick said, "Will be adding a new dimension to the curriculum by providing a variety of educational options without spending a full semester mike shapiro on one specific area of thelaw. It "The Thumper" will soon be finished pile-driving a retaining wall to is not necessary to education to protect soil and utility lines from slippage when main construction continue giving three and four begins in our neighborhood. Construction should be completed by July credit courses." 1981 on a six lecture hall complex for the Amherst campus-the continued on oaae eight uptown counterpart to Main Street's Diefendorf Hall. In addition, an enclosed pedestrian bridge is slated to connect O'Brian to Norton. - — Love Canal UB Alumnus In Enviable Soot by Amy Jo Fricano It is a stucco mansion on Delaware Avenue, built around the turn of the century. Clients enter through the massive wood door to a huge marble foyer complete with Doric columns. At one end of the foyer is the formal parlor, now the law library, with walls of bookcases and an impressive marble fireplace. Behind the receptionist, a row of French doors hides a garden. Continue up more marble stairs to what once might have been the spacious master bedroom. At a rugged antique desk sits Richard Lippes, of Moriarty, Allen, Lippes, and Hoffman. He is disarm ingly reserved and relaxed, younger than the man you would imagine taking on the awesome task of representing the Love Canal Homeowners' Association. Lippes now has nearly 600 suits pending against Hooker Chemicals & Plastics Corp., the city of Niagara Falls, the city's Board of Education, and Niagara County. Notices of claim have been filed in Niagara County will Appeals New York Court of SupremeCourt. the Senior Associate Judge Jasen of The demands column totals speak at Commencement this year. See story on page four. nearly $3 billion dollars, Lippes - estimates. Carl Mooradian, corporation counsel for the city of Niagara Falls figures the claims to total more than $4 billion. Lippes estimates a "hundred million or so" will change hands should the homeowners prevail in the first few cases. Even at 1 percent, Lippes could become a very wealthy man. What got Lippes, undergraduate history major and non-scientist, into carrying Mother Earth's banner for the homeowners? A good dose of '60's activism while a law student at UB and an interest in protecting our remaining open spaces. "Environmental law didn't exist when I went to law school," Lippes said. "The only major legislation in the area came after 1970. I was an environmentalist before I was an environmental lawyer." He is very active in the Sierra Club, presently serving as chairman for both the Niagara and state chapters of the organization. Over the last seven years, he has argued a long list of anti-highway cases, most notably including the Lake Chatauqua Bridge case. At first, Love Canal added a full 40 hours to Lippes' already taxed work week. The firm has invested over 2,000 man hours since August, and claims continue to come in. Lippes has now balanced his Love Canal work with the rest of his practice, spending, about 20 hours a week on the Canal litigation. The suits are extremely complex. Research is still underway on issues that^ will surely make some new law. As Lippes puts it, "We can achieve in continued on page eight - Tuition Increased Well, it happened. Despite all those in authority Chancellor, legislators — — and others who said either it shouldn't or wouldn't happen, it did. On Wednesday morning, April 25, in New York City the SUNY Board of Trustees approved a $200 tuition increase for the law school for next year. Other proposed tuition hikes for other sectors of the University were also approved. �Vol. 19, No. 13 April 26,1979 Editor-in-Chief Randi Chavis Managing Editor Amy Jo Fricano News Editor: Ted Tobias Feature Editor: Bob Siegel Photo Editor: Michael Shapiro Business Manager: Ricky Samuel, Jr. Staff: Contributors: Bill Brooks, Paul Bumbalo, Rosella Brevetti, Mike Buskus, Maria Colavito, Tim Cashmore, J.R. Drexelius, Carol Gardner, Jay Marlin, Alan Nadel, Jason Poliner, Paul Suozzi Tanya Miller, Ralph J. Stairsteps Copyright 1979, Opinion, SBA. Any rcpublication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260.The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Legal Innovations: Pros Outweigh Cons The most significant aspect of Dean Headrick's proposed curriculum reorganization is its recognition of the need for change. He has taken the important first step of acknowledging law students' "progressive deterioratioh in interest and excitement" and a dramatic proposal to deal with it. It is encouraging to developed see that students are not the only ones tired of the current routine. The dean's proposal contains some innovative and excellent ideas. The sequence requirement is an especially meritorious idea. Developing a high degree of competency in a specific area will contribute to a student's confidence and expertise. In addition, making a seminar the end of a clearly delineated sequence will enable students to get the most benefit from this intensive and personal type of course. The self-learning and mini courses would provide a unique opportunity to sample a subject area without demanding an excessive time commitment which many students would be unwilling to make. The legal institutions and lawyer and lawyering courses, as proposed, are excellent offerings to fill some of the current gaps. Beginning research and writing during the first semester and incorporating ethics into it, is the best way to approach two important subjects that are currently dealt with inadequately, if at all. As the dean expected, however, room for improvement can be found in his original proposal. The Academic Policy and Program Committee has been working on modifications which they will soon present to the faculty. We also see some problem areas in the dean's proposal. We believe the staggered first year final exam schedule is counter-productive and anxiety-inducing. Students would face exams at five different points during the first year, at 9, 16, 21, 26 and 32 weeks. Rather than reducing the anxiety which now builds up once each semester, this proposal will require students to reach their peak on five separate occasions while continuing at a steady clip in those courses whose final exams are yet to come. Combining the final exam in the lawyers and judges courses, shortening the introductory commerce and business course by one week and switching it with legal institutions would reduce the number of exam periods to three. This is a more realistic schedule. Mandatory moot court participation flies in the face of the non-competitive atmosphere this law school strives to encourage. The present system, which offers this valuable experience to any student who wants it is not only adequate, but superior to the proposed idea. We believe parts of the program should be implemented next semester while other aspects are being debated and modified. We would especially like to see some of the proposed required courses offered first as electives so their usefulness and acceptability can be evaluated by experience. Finally, we fear the proposed new curriculum could add to the long-felt problem our students have experienced as a result of our non-traditional educational philosophy: employers discriminating against our students because they do not understand the system. To avoid this situation, we suggest the administration actively and persistently inform employers about the workings and positive values ofour non-traditional system. 2 Opinion April 26,1979 Letter To The Editor Law Review Editors Defend Sea Grant To the Editor: The article concerning Sea Grant, which appeared in the April 5 issue of Opinion, portrayed the program as a source of controversy among its administ ra*~o r s. This characterization was unfortunate, and since it resulted primarily from our selected quotes, we would like to explain our perception of the program. This past summer was the first time that the Law Review helped administer the program. We hoped to have completed articles by last fall, and in that hope we were disappointed. Currently, of twelve Sea Grant Fellows, six are scheduled for publication in the Buffalo Law Review; others will appear in either the Review or the Sea Grant Law and Policy Journal. Our disappointment, however, should not be construed as a condemnation of the program or of its value to this school. The problems in the program discussed in the earlier article have been Commentary recognized by Professors Kaplan and Reis; the accomplishments have been recognized by the Law Review, and, more importantly, by the New York Sea Grant Institute, which has continued to fund the program. In an attempt to better our record of accomplishmsnts, we have collected and begun initial research on over fifty topics for the 1979 Sea Grant Fellows. Since an annual problem has been formulating appropriate topics, we felt that more narrowly defined topics would produce better results. These selected topics will remove the burden of finding or refining topics from the Fellows, and enable them to begin theif research immediately. Topic suggestions were derived primarily correspondence with frorn^ governmental and administrative agencies around the country. The enthusiasm of the agencies that responded to our requests has convinced us of the importance of a program like ours, as a service to the community and to the students who participate. The newly elected editors of the Law Review also intend to work closely with the Fellows and Professors Kaplan and Reis so that by the end of the summer a substantial portion of the Fellows' work will be complete. The Sea Grant Law Program at this school is unique; it is something that the Law Review takes pride in participating in. Any failures in accomplishment lie with isolated individuals who have lacked a sense of responsibility. The majority of Fellows have not failed. The program certainly has had problems that we have attempted to correct; but it certainly has not been the mismanaged and unproductive organization depicted in your article. Greg Yawman Editor-in-Chief David Shapiro Managing Editor Larry Goldberg Publication Editor Nader Advocates Publw Interest Law by Ricky Samuel, Jr. Ralph Nader visited UB law school on April 3. The burden of being "the voice of American consumer" was evident on his drawn and tired face. He arrived to address an anxious crowd. Accompanied by Student Bar Association President Leslie Wolffe he unceremoniously sauntered in the wrong entrance to face a sullen audience. He began his delivery in a very humble, unimpressive fashion. But people seemed interested; curious about him and what he wished to convey. Unfortunately his speech was predictable, even expected. Nader talked about the evils of big business. He talked about the Atomic Energy Commission and how it is constantly and increasingly compromising the lives of millions of Americans day after day. Nader advocated the money invested into the development of nuclear energy be allocated instead to solar energy research. Nader later "took off" against the Carter administration, specifically mentioning James Schlesinger, calling him and others imbecilic, worse than incompetent. One can't help but wonder how Nader himself would fare in a governmental post or why he has never ventured into the political arena. Nader spoke on other current issues including the legal education system in the United States. He spoke of his own education at Harvard Law School and how he feels law school administrators are "missing the point" in constructing relavent curricula. More of the emphasis in law schools should be on environmental, consumer and other similar public interest topics, Nader said. He said he generally feels the legal profession is, in effect, contributing to the problems in such areas as health care, mistreatment of the elderly and poverty. He said most Americans are -shut out of their own legal system by the high cost barriers, the ability of commercial defendants to delay their cause and the belief by many that even if they succeed in winning a suit they can lose in terms of their cost benefit analysis. Nader was appealing to moral conscience when he spoke of a new organization called the Equal Justice Foundation. This organization is one whereby individual third year law students at participating schools pledge 1 per cent of their yearly income. These proceeds are then utilized for legal reform projects. According to Nader, this program has been extremely successful around the country and represents some positive steps taken by selective institutions. Nader attributes the general lack of concern in public interest law areas among those in the legal profession ultimately to improper distribution of power. According to Nader, power overcomes law unless law has a constituency behind it; this can come in the form of governmental leadership or a professional leadership which can emerge from the halls of the various law schools and members of the bar. Nader's ideas include a constituency of victims organized to use the law in their own behalf. But clearly, Nader said, without these constituencies power wiil overcome the law. It would seem this basic theory is the origin and moving force behind Nader's commitment. Finally, Nader comme/ited on what he saw as a corporate crime epidemic which has thoroughly permeated our society. He talked about systematic bribery and the systematic violation of health and safety laws, consumer laws, property tax laws and campaign finance laws by corporations. Nader called the worst manifestations of corporate crime the poisoning of the country by pollution. Nader said the health of the American people has been seriously jeopardized by a silent, cumulative form of violence on the part of corporations hiding (or attempting to but for the vocal constituency of victims and outspoken public figures such as Nader) from public scrutiny. Although Nader's speech was predictable, it was still a necessary and effective, one. To. millions of Americans he is a sort of guiding light that will enlighten them and help them to understand more clearly issues which effect them daily. Looked at in this respect he can only be viewed as successful and his function as essential. Consumer advocate Ralph Nader urged law students to revive their consciences and join the consumer crusade against "corporate outlaws." �Second Annual Senior Survey . i ■ * Law librarians Kathy Carrick and Marcia Zubrow, delighted about their recent promotions. - mike buskus Carrick, Zubrow Pro moted In Library Personnel Change by Mike Buskus As a result of recent staff promotions within the Charles B. Sears Law Library, Kathy Carrick has been named associate director of the Law Library and Marcia Zubrow has been promoted to head of reference. Carrick, who formerly served as head of the reference staff, advanced to the position of associate director last fall. In this new capacity, and as public services law librarian, she undertakes major responsibility for collection development. Helping administer the approximately $190,000 annual acquisitions budget is one. of the new duties of the associate director. Collection development has been made more difficult by budget cuts of the last several years. As a result, substantial efforts must be devoted to filling gaps in the collection. The new associate director also assumes responsibility for personnel and recruiting for the library staff. As public services librarian, Carrick authored a budget justification statement for LEXIS, which resulted in the addition of that computerized research tool to the library. Prior to her previous job as reference librarian, Carrick received an undergraduate degree in journalism from Duquesne University and an M.L.S. from the University of Pittsburgh. She also worked for the Cleveland Plain Dealer. Carrick received her J.D. degree from Cleveland State University. Although she is a member of the Ohio bar, she does not actively practice law, except for occasionally drafting wills. Carrick^^dedared a preference for the academic atmosphere of a law library over the work in private practice. She also admitted that she has aspirations to someday be director of a law library. , Marcia Zubrow, who has been reference librarian and serials cataloger since 1977, was promoted this month to head of reference. She will direct the reference services to be provided by herself and five other law librarians with reference responsibilities. Her duties include training new personnel in law library reference work. In addition, Zubrow will work on collection development for the reference collection. She will also direct the origin and design of new reference services. Zubrow and the entire reference staff will take a more active role in the Research and Writing Program next year. In addition, Zubrow and the other reference librarians will continue instructing faculty and students in the use and operation of LEXIS. Zubrow has also been acting A-V librarian since December 1978. Prior to coming to Buffalo in 1977 (when her husband assumed a teaching position with the UB Anthropology Department), Zubrow obtained library and law, library experience at a number of locations. After graduating from Boston University with a degree in American history & civilization, she accepted employment with the Arizona1 State Museum Library at Arizona University in Tucson. After four years in Tucson, she relocated to California. Zubrow earned her M.L.S. degree from California State University at San Jose in 1973. Both Carrick and Zubrow noted the law library here is gaining a national image. Last year the law library hosted the 1978 Annual Instituted the American Association of Law Libraries (AALL). The event, which attracted law librarians from 140 law schools, centered around the techniques for legal research and writing instruction. The proceedings of last summer's AALL conference here were videotaped. Librarian Karen Spencer has worked on editing those videotapes, and an edited version of those tapes will be published and distributed by the Bureau of National Affairs (BNA). Zubrow and Carrick also noted past law librarians at Buffalo have advanced to prestigious positions elsewhere. Former law librarian Larry Wenger is now director of the law library at the University of Virginia. Morris Cohen heads the law library .at Harvard University. Vaclav Mostecky is now law librarian at Boalt Hall, Berkeley. Balfour Halevy is law librarian at York University. The lawjibrary also announced that Kathy Lehsten has been hired as secretary for public services. An active search will begin next fall for a permanent director of the law library to commence work in the fall of 1980. At that time it is expected Professor Wade Newhouse, present law library director, will return full time to teaching. The law library is also seeking a librarian to fill the position of head of t^e cataloging department. Moot Court Roundup The following are the results of Most Underrated Student the Second Annual Opinion Marc Ausfresser Senior Survey. Though the response was not overwhelming, Most Overrated Student clear victors emerged in most of Cheryl Block the categories. More than one WHERE ARE WE HEADED? name indicates a tie. Most Likely to Sell Used Cars PHYSICAL CHARACTERISTICS Jeff Licker Best Dressed Most Likely to Manage the Cindy Perla Yankees Maria Colavito Worst Dressed Bill Brooks Most Likely to Sell Insurance Most Youthful Appearance Rick Enderby Bill Fanciullo Least Likely to Settle Out of Most Dramatic Hairstyle Change Court Kathie Drumm Debbie Norton Most Neanderthal Most Likely to Foreclose on Poor David Brody Widow's Mortgage Most Likely to be Roasted for Tom Black Thanksgiving/Class-Turkey Most Likely to Chase Ambulances Look in the mirror. Jeff Licker Best Briefcase Most Likely to Remember Rule Larry Goldberg Against Perpetuities After Bar Best 5 O'clock Shadow Exam Rich Parenti Sally Buck CLASSROOM BEHAVIOR Most Unprepared Mark Larsen Most Likely to Receive Appointment as UB Professor Dennis Harkawik Most Compulsive Worker Saul Brenner Least Likely to Receive a Credit Card from Ma Bell Andrew J. Cosentino Most Comatose Stu Siris Most Likely to Drop Law and Most Perfect Attendance/Enoch Open a Restaurant Arden Award Paul Suozzi Mark Flescher, Saul Brenner Most Likely to Show Up for the Class Leader Bar Exam the Day after It Is Over Ann Herman, John Batt Rich Parenti Class Couple Most Likely to Forget the Bill of Aven Rennie, Dennis Harkawik Rights After Bar Exam Worst Humorist Jim Morton Ted Firetog, Mark Bender Most Likely to Represent the Best Humorist People's Temple David Shapiro, Jim Maloy Andrew J. Cosentino Diarrhea of the Mouth Award Least Likely to Have AWLS Too many to print Chapter Named After Tom Black Most Humble Jay Yablon OUT OF CLASSROOM Class Cheerleader BEHAVIOR Arlene Fisk Best Dancer Madeline Bernstein, Bob Trestman Duquesne Victorious by Tim Cashmore A moot court team from Duquesne University Law School emerged from a field of 23 teams to win the 1979 Albert R. Mugel Moot Court Competition. The competition, held here the weekend of March 30, was the largest in its six year history. The Duquesne team, which captured the award for the best brief en route to its victory, defeated one of the two teams sent by the University of Cincinnati in the final round. The winning team was composed of Bruce Reale and Clark R. Kerr. The members of the second-place Cincinnati team were William E. Clements and Nancy J. Gill. The team from Duquesne was one of two sponsored by the Pittsburgh school. Those two were selected to come to Buffalo on the basis of an intra-school competition held at Duquesne and based on the Mugel problem. Nicholas J. Betsacon, of the Capital University Law School, received the best oral advocate award. JoAnn Gould, the senior member of Buffalo's team, placed third in the scoring for best oral advocate, less than a point behind the winner. The Buffalo team, which also included second-year students Ann Bermingham and Peter Durant, won both its preliminary rounds but failed to make the semi finals. Kaufman Competition In the Irving R. Kaufman Securities Competition at Fordham Law School, held the weekend of April 5-7, Buffalo's team advanced to the semi-finals before being eliminated by the team from the University of Tennessee. Mike Buskus and Claude Joerg represented Buffalo at the competition, which attracted 18 teams from around the country. Best Singer Cheryl Block Best Party Host Tom Bremer Most Likely to Drink Ken Joyce Under the Table Gary Simonson Most Likely to Pursue Career Collecting Rehnquist Decisions Bill Brooks Most Likely to Sustain Critical Injury for Failure to Call Fouls in a Basketball Game Tom Bender, John Gilbert, Mark Bander Most Likely to Inflict Critical Injury in Basketball Game Jim Kelly, Tom Bender, Jim Pelletter Best Athlete, Male Bill Brooks, Tom Bender, Gilbert John Best Athlete, Female Lynn Edelman Most Likely to be Picked Up on Morals Charge Harvey Soss April 26,1979 Opinion 3 <*■ �Bissell Wins Newspaper Job by Carol Gardner at new video terminals for all five of the paper and reporting on general assignments. Before she begins the job, Bissell will attend a three week intensive training program at Lehigh University in Bethlehem, Pa. The training session will be paid by the Newspaper Fund, as well as the costs of special side trips to view the operations of newspapers in Philadelphia and New York City. Although UB law school can offer no credit for this summer internship, Bissell said the salary of over $200 a week, plus the $1,000 scholarship to be presented to her at the end of the editions Charmaine Bissell, a second year UB law student from Louisville, Ky. is one of ten persons nationally to win a Minority Newspaper Fund Summer Internship. The internship program, designed to provide minority graduate and — mike Shapiro Charmaine Bisselt professional students with valuable experience in editing and managing newspapers, is sponsored by the Newspaper Fund, a coalition of newspaper editors. The Newspaper Fund usually sponsors summer internships with newspapers for undergraduate and senior high school students. This is their first year for sponsoring a Minority Newspaper Fund Internship for advanced level students. Bissell will be working for her hometown morning newspaper, the Courier-Journal which until this. year, has never taken a summer intern from the Newspaper Fund. Her responsibilities will include editing internship, makes participating in the program worthwhile. Bissell has. a dual undergraduate degree in journalism and political science. She had extensive experience in all aspects of journalism except television before coming to law school. Her ambition is to be a Washington correspondent reporting on legal developments. Ideally, she would like to be a Supreme Court reporter. Bissell urged all interested minority students to consider applying for an internship next year. The Placement Office will have information about the program in October. Jasen To Speak At Commencement 1967. In 1969 the State University of New York Law School Alumni Association conferred the Distinguished Alumnus Award on Jasen for his distinguished judicial service and his contributions to the administration of justice. Jasen is a member of the American Law Institute, A budding musician (r.) plays the rites of spring on his harmonica, using American Judicature Society, the an unconventional meter (I.) to hold his tempo. American, Erie County and New York State Bar Associations, Phi Alpha Delta Legal Fraternity, and the DiGamma Honor Society. He is also the author of a number of articles on legal and court administration subjects. This year's commencement p.m. to 1 a.m. Egan said there would be an week includes a new and exciting event. In addition to open bar all evening which will commencement day exercises, include champagne and mixed Submit or your draft for Saturday, May 26 at drinks. A buffet table featuring vary. planned may papers Papers may be developed from prospectus and tentative Artpark, the senior class and the hors d'oeuvres will also be seminar papers, memoranda completion date to the Office of SBA are planning "The First available. Tickets will be available at a written for the Buffalo Legislation the Board, Room 525, O'Brian Annual Barrister's Ball." Co-chairtnan of the Barrister's table set up in the school from Project (with the permission of Hall. the project), notes or comments It is hoped submissions this Ball committee, Carole Egan April 23-30. They can also be written for the Buffalo Law Spring will be ready for editing by announced this week the Ball will purchased from Cindy Halm in Review (with the permission of the board during the summer, and be held Wednesday, May 23 at the room 312 during the exam period. the Review), independent study publication early in the fall of Buffalo Athletic Club on Tickets will cost $10 for law Delaware Avenue adjacent to students and $15 for faculty, staff papers, or other projects. It also 1979. If you have any questions Niagara Square. The event will and guests. All faculty, staff and may be initiated for the purpose of publication in the proposed please see Joseph Dulin, Elizabeth feature the music of Johnny students are invited to attend and Buckley or Professor Kaplan. LoVecchio with dancing from 9 join in the celebration. Annual. Matthew ). jasen, senior associate judge of the New York State Court of Appeals will be the honored speaker at this year's commencement exercises. Jasen attended Canisius College, University of Buffalo School of Law and Harvard University School of Civil Affairs. He was admitted to practice in 1940. In private practice, Jasen was senior partner in the law firm of Jasen, Manz, Johnson and Bayger. In 1957 he was named to the New York Supreme Court by Governor Averell Harriman. Jasen was elected Associate Judge of the Court of Appeals in November First Barrister's Ball Features Live Music New Journal Solicits Articles The State and Local Government Law Program Board is considering the publication of a State and Local Government Law Annual. It would consist of papers prepared by UB law students and faculty members, possibly including contributions of outsiders. Generally, the focus will be on contemporary municipal law problems. No particular format is prescribed, and the length of the SBA Obtains New Copier The Student Bar Association has acquired a copy machine, which it is now making available for student use. The machine is in the SBA office and can be used at any time the office is open. Office hours are posted on the door to Room 101. The cost of the copies is five cents. Moving & Garage Sale Sat. & Sun. April 28 & 29 19 Winspear near Main large and small appliances, furniture, books, law books and records. 9am 4 - AND RECEIVE EITHER A if £\C)C) A MANPOWER" TEMPORARY SERVICES An equal opportunity employer. Opinion April 26, 1979 .IinSIUX&IU? . «7**''•'*.. B|ffl»^|k% ENLISTMENT How to find a summer job* *JL,(J(JU Talk to Manpower. We've got summer job opportunities for temporary s workers. In factories, warehouses, stores... indoors and outdoors. Work as much as you want. Or as little. It's up to you. There's a Manpower office almost anywhere you!re spending the summer. Stop in and we'll plan a job schedule for you. „• Contact your local ARMY NATIONAL OOARD R«crultar and '^»/?.{**»^W ASSISTANCE »•• If YOU qualify (716)888 2330 '%£:< .«^^£^S^ jM|- JTrfKSm&jtim GLjSdQ THIS OFfIR hF i» WrS'l X^Ss*.?'!^CT OOOD UNTIt JUNI If, I ?7t �Meditations of a Lawyer-Mom on Graduation Eve by Tanya Miller impossible. A typical day begins at 4 a.m. When life was nothing but very when the local morning paper is young children, baking, volunteer delivered to my curb. Although I work, PTA, suburbs, sewing, etc. have never done anything to fantasy used to take hold and offend the truck driver, for some there I'd be you guessed it in unknown reason he is out for a courtroom making an argument revenge. He always gunsthe truck before a dark-robed jurist who engine when he pulls into my scared me half to death. The driveway and never fails to slam frightening aspect was short lived the lid on the paper boxes. for reality would set in and the Just as I recover from that fantasy would be blacked out by a shock, 5 a.m. rolls around and an shriek from nearby "Quick array of noises that would jolt Mom, help me get to the normal human beings out of bed bathroom." and through the ceiling begins. More than once this fantasy One of my sons sets his clock invaded my consciousness but not radio on the loudest rock station. once did the thought of actually The other sets his alarm to buzz becoming a lawyer ever enter my on the other side of the room so informed me the laundry chute is project); or I can't go to school brain. Then WHAMMO with he has to get up to turn it off. full. Believe me, that produces the today because my other sneaker is a very great change in my simple You guessed it. He rolls over and most empty feeling you can lost; or someone took my coat; or existence, turning the fantasy into lets it buzz. (I must find time to imagine two stories of dirty I need to know right now if I can reality began to haunt me until have his hearing checked!) Each sweat socks, jeans and other buy a chain saw; or I missed the one day I applied to law school. paperboy then rises and, of lovely goodies that only a bus. Things have not been the same course, quiet is not the name of houseful of boys could produce. In the midst of all this, the since either for me or my six sons. the game clomp, clomp, clomp, Oh, well, there must be some phone rings. One of my two boys Three years ago, in my humble bang, bang, garage door up, paper reason why the good Lord sent who is away at college calls and existence, a tort was a big fancy box slammed. (Surely, King Kong me six boys! (Really, my boys are vefy lovingly says good morning, cake with walnuts, meringue, and must have stayed over.) wonderful kids and I wouldn't followed by a request for funds. whipped cream. Little wonder Silence reigns for about twenty tirade theVn for the world! well, All, or any combination of the first semester torts nearly bent me minutes until the early morning maybe sometimes?) above can occur on any given out of shape! (Say nothing of street wanderers return from With laundry conditions in morning. Believe me, there is what civil procedure, criminal law delivering papers and throw their hand, the rest of the household never a dull morning in our home! and contracts did to my poor wet clothes in the dryer. There's begins to roll out of bed and the By this time, it is 8 a.m. and I brain). Each day, as I struggled always a pair of overalls so the requests/complaints begin I feel like it must be at least four in out of bed after reading 'til 2 a.m. drier clangs and clunks from the need a check for my audition; or the afternoon. Good grief, I have and still not understanding a buckles. Mom, I forgot to tell you I need fifteen minutes to eat breakfast, word, I would ask myself over and By this time I usually give up, to bring a treat today; or you are make my bed, clean up the over again, "What in the world are turn on the light and begin to read supposed to be at a meeting at ten kitchen, pack a lunch for my you doing anyway?" what I didn't finish the night this morning; or quick, sign this youngest son, and still get to It was not a very comforting before. (After three years of permission slip (I often wonder school by 8:30. (You better feeling to sit through classes week reading such things as UCC by what I have given permission to believe something has to give in and week out and not White and Summers, Torts by do); or I need fifteen dollars for a the house!) By 8:30, class is a deposit on my back packing trip; Welcome relief understand a single word spoken. Prosser and Evidence it's rest time for by No doubt, everyone else knew McCormick either very early in or you forgot to buy peanut me! As the second year of law everything. More than once, the the morning or before falling butter; or I don't have any more thought of running away occurred asleep at night, I must admit I am clean underwear; or he took the school rolled around, class was last good jock strap; or have you not an incomprehensible task. to me. Then I wouldn't have to beginning to feel like a pervert.) face quitting! B,ut | struggled on. When six-thirty rolls around I seen my homework; or why did Those of us who were in this Some days, after a morning in my often feel a strong compulsion to you throw my art project away (I together often wondered if it was household, going to school to get up and do some laundry, didn't know all those cereal boxes because we were second year concentrate was next to usually when one of my boys has pasted together was an art students or if the subject matter was easier. (I really believe the hardest courses in law school are ] The Student Bar Association taught the first year.) Second year came and went in conjunction with but the class preparation did not — — — - - — — - — - - The Senior Class presents \ ! \ i The First Annual | Barrister's Ball Wednesday, May 23 The Buffalo Athletic Club Dancing 9 pm Music by Johnny LoVecchioj - 1 am Open Bar Tickets $10 j Hors d'oeuvres - law students; $15 - others April 23 See Cindy in Room 312 or Table set up - 30 How to find a summer job* Talk to Manpower. We've got summer job opportunities for office temporaries. Typists, stenos, receptionists, and more. Work as much as you want. Or as little. It's up to you. There's a Manpower office almost anywhere you're spending the summer. Stop in and we'll plan a job schedule for you. e> ' MANPOWER* TEMPORARY SERVICES An equal opportunity employer. seem to take any less time; In fact it became more and more tedious. Self discipline (some thing that has always troubled me) was the name of the game, and more often than not, it was missing. But the second year managed, by some miracle, to end with the usual range of "Q","Q" and "Q". After summer school, the time before fall semester began dragged. You need not think I am totally crazy, but I used to drive to school some days and spend hours reading the bulletin boards so I could get away from the kidsi In retrospect, it was crazy, but it sure beat being at home with the boys on a hot sticky day when they were fighting about whose friends would be allowed over for the afternoon. When third year started, it was a great feeling to know two of three years were over and only 33-1/3 per cent of studies remained. The year passed quickly and here we are at the end of the line, about to graduate. It does not seem possible, but when I look at every room in my home which is cluttered with all my casebooks, hornbooks, books nutshells, notebooks, review books I know I have made it. I had the opportunity, the last two months to work in a law firm and I find the work exciting and wonderfully interesting. Just a confirmation that my decision three years ago, crazy as it was at the time, was the best one I have ever made. Not only do I now have the opportunity for a career which I know I will enjoy, but my boys have become very self sufficient young men, and very understanding when law school wasn't so great (i.e. exam time, paper writing time, etc.). They learned what it was like living with a female who was crabby, short-temerped and at times, down right nasty. This is probably the best training they will ever receive for their futures! I will miss law school, not because I crave theory and book learning, but because of the very special friends I made over the last three years. I hope they will be life-time friends for they are some of the greatest people I know. Without them, I never would have made it. Nor would I have made it past first semester without the tender loving care extended by section three professors. They made a sincere effort to ease some of that awful tension which was great in someone like myself who had been out of school for so long. To them I am grateful. Truthfully, I will not miss exams or the horror of some classes where I learned to find the most unobtrusive seat so I could avoid possible intimidation by a few professors. (I am much to old to bear up well under such circumstances.) Nor will I miss that joyful walk between the parking lot and O'Brian Hall when the wind chill factor is 60 below zero. All in all, the pluses far outweighed the minuses. I am extremely happy I made that first plunge three years ago and hung in 'til the end. No more walnut torts for me! — — April 26, 1979 Opinion 5 �Culinary Counsel Desserts Signal Suozzi's Sweet SorrowfulSend-off 2 cups, 8 tablespoons sugar 4 teaspoons flour 2 cups raisins Separate the four eggs. Put the yolks in a saucepan, and add the sour cream, 2 cups sugar, 4 teaspoons flour and 2 cups raisins. Mix thoroughly and cook until thick. Pour mixture into a 9 inch cooked pieshell. Beat egg whites with electric mixer and add 8 tablespoons sugar to form the meringue. Put this on top of pie and bake in oven until the meringue is The last column. My adventure into culinary brown. journalism is nearing its end and I And for you calorie conscious have mixed feelings about it. cooks, here's a dessert that at least I have enjoyed my bi-weekly journey into the kitchens of UB doesn't sound fattening. law school, though at times it was quite a chore coming up with Tomato Soup Cake/ something to print. (I'm sure from Bob Silver there are those who feel the 4 tablespoons shortening product was not always worth the 1 teaspoon cinnamon effort, ma, chesipuo fare 1.) I have 1 teaspoon baking powder tried to give equal space to diverse 1 teaspoon baking soda tastes. I hope I haven't offended 2 cups flour omission. was anyone by My goal 1 cup sugar to expose inexperienced cooks to 1 can tomato soup a variety of easy to prepare dishes, pinch of salt and occasionally include one to challenge an old hand. Whether I Cream the shortening and have succeeded or not is questionable and really not sugar. Add the soup and soda. Beat well, then add the remaining relevant.anymore. 1 did succeed in obtaining lots ingredients. Mix again and bake at of great recipes. Again, I would 350 degrees for 45 minutes. like to thank the many persons who have contributed to this column for the past seventeen Bavarian Cream Pie/ issues, especially those who bailed from Tanya Miller me out at the last minute. Sharing recipes with others has been one Filling: 3 slightly beaten egg yolks of the most rewarding aspects of cup sugar Vi this experience. !4 teaspoon salt So here are the last recipes of 1 cup milk, scalded my tenure as culinary counsel. 1 tablespoon (one envelope) the dessert. Enjoy unflavored gelatin Va cup cold water Sour Cream Raisin Pie/ from Bob Silver 1 teaspoon vanilla 3 egg whites, beaten stiff 4 eggs 1 cup heavy cream, whipped Crust: 2 cups sour cream by Paul Suozzi ' Vh cups chocolate wafer high speed with an electric mixer crumbs (38 wafers) for 15 minutes or until very stiff 1/3 cup melted butter First make the crust. Combine the wafer crumbs and butter and press into a nine or ten inch pie pan. Chill in refrigerator. Combine the egg yolks, sugar and salt. Slowly add the milk. Cook in a double boiler until the mixture coats the spoon. Soften the gelatin in cold water. Stir into the hot mixture. Chill until partially set. Add the vanilla, then fold in the egg whites and whipped cream. Pour into the crust and chill until ready to serve. The top may be sprinkled with a handful of wafer crumbs if desired. Lemon Angel Torte/ from Tanya Miller 4 egg whites % cup sugar V* teaspoon salt Va teaspoon cream of tartar 1 cup heavy cream 1 recipe lemon filling Preheat the oven to 450 degrees. Place the egg whites in a small mixing bowl and beat at _ J cup graham cracker crumbs 3 tablespoons sugar 3 tablespoons shortening or margarine peaks form. Gradually add the sugar, salt and cream of tartar. Spread in a well buttered nine inch pie plate. Place in the preheated oven and turn the heat off. Let it stand in the closed oven for five hours or overnight. (Do not peek !) Fill torte with half the whipped cream, then with the lemon filling, then top with remaining cream. Chill five hours. Serves eight. Preheat oven to 350 degrees. Combine above ingredients, then press into the bottom of a nine inch cake or springform pan and bake for 10 minutes. Filling: 3, 8 ounce packages of cream cheese VA cups firmly packed dark Lemon Filling: brown sugar In a double boiler beat 4 egg 2 tablespoons white sugar 3 eggs yolks (from whites above) until thick and lemon colored. 1 Vi teaspoons vanilla Gradually beat in Vi cup sugar, Combine the cream cheese and dash salt, 1 tablespoon grated lemon peel and three tablespoons sugars. Add the eggs one at a time lemon juice. Cook over simmering and mix well. Blend in the vanilla. water stirring constantly until Pour over the crumbs and bake at thick (about five minutes). Cool. 350 degrees for 50-55 minutes. (Commercial brand lemon filling Loosen cake from pan. Cool can be substituted. Make the before removing rim. Chill, brush filling as directed and use half for with maple syrup and garnish top this recipe, the rest in custard with pecans. Serves 10 to 12. cups.) Peanut Butter Pie/ Praline Cheese Cake/ from Rose Mercaldi from Shelley Mayer Crust: 1 package cream cheese (8 ounce) „ 1 cup confectioner's sugar 1 carton frozen non-dairy topping (9 ounces), thawed 1 graham cracker crumb or baked pie shell, 9 inch 14 cup finely chopped peanuts It Has To Get Better 'Cus It Can't Get Worse by Bob Siegel Are you dismayed, your ends frayed, feel betrayed, or afraid? Do you wonder what has become of that other part ofyou, the part with feelings and emotion, the part you liked? Do you feel overworked and underpaid, overtired and underappreciated? Are you sick, bored and just downright confused about why you're where you are? You're sick of Socrates and fed up with Federal Tax and you don't know what to do and you hear that young associates work 18 hours a day and "is there life after law school" you ask yourself as your mind begins to ramble and... S*. Caveat: Law School Can Be Hazardous To Your Health It's like an experiment out of the laboratories of Dr. Frankenstein. All of a sudden you wake up and see a frightening sight. You've been reduced to a shell of what you used to be. No, you don't have bolts protruding from your head, but everytime you open your mouth, the doctrinal garbage flows. Looking at this amazing transformation, you're scared. What have you become? You're a zombie who can be found constantly on the prowl somewhere between Norton and O'Brian. You've always known that everyone in the real world hates lawyers and considers the profession to be extremely parasitic. Now you've finally been able to take a step back, look at yourself, and realize that it's true. "Well, I could be a probate lawyer," you say to yourself, "and make a ten per cent commission per signature, or I could stoop to the low plateau of a criminal lawyer and pretend I never took legal ethics, or I could work for a multi-billion dollar corporation since it's easier to screw a group than an individual (remember Hiroshima), 0r... but wait a second. None of these options sound too appealing. What happened to the idealist in me? Wasn't it I who was going to save the world?" Opinion 6 April 26,1979 You finally see the light. Maybe the legal profession isn't all it's cracked up to be. Maybe working 18 hours a day as an associate is not your idea of living. "But what else can I do? I've already dropped my anchor. F owe out my soul in loans and don't have a penny to my name. I don't have any creative ability or I wouldn't be here in the first place. Obviously my grades weren't good enough to make medical school. So what am I going to do? What can I do?" It seems like your choices have been narrowed to either becoming a lawyer or becoming a bum (not that the two are necessarily mutually exclusive). And who wants to be a bum with a graduate education. They're sure to say you're over-qualified, and you'll be the joke of the Bowery. What options do you really have? You can become a bum for the rest of your life and be unhappy, or you can continue your legal education (and in the process lose your identity, pride, and self-esteem) and from there go on to lawyering and be unhappy! The problem is that both forks converge at the same point. "So am I optionless?" you ask yourself as you pour another shot of whiskey. "Is there any reason to go on?" There is one remaining option: suicide. "No memos, no Socrates, no resumes, no hassles... ah, sweet bliss" you quietly think as you pull the .45 caliber revolver from the top dresser drawer. "The inside has died so why not put the shell out of its misery" you ponder as images of "The Deerhunter" race through your head. Slowly you raise the barrel to your temple and... BRIINNGGG! BRIINNGGG! . BRIINNGGG! "It's all over," you mumble as you shut off youralarm and start to get ready for class. As you wipe the sweat from your brow, down your morning coffee, and race to school, unprepared as usual, you wonder, "It's a nightmare when I'm asleep and a nightmare when I'm awake maybe tomorrow will be better..." „ Vi cup peanut butter '/2cup milk Whip the cream cheese until soft and fluffy. Beat in the peanut butter and sugar. Slowly add the milk, beating until well blended. Fold topping into the mixture. Ladle into the pie crust and sprinkle with peanuts. Freeze until firm before serving. Irish Coffee/ from Richard T. Boehm 1 shot Irish whiskey (size of shot optional) 1 teaspoon sugar strong hot coffee heavy cream, whipped (frozen and canned whipped cream are not allowed) In an Irish coffee mug (or whatever is handy) combine the whiskey, sugar and about 4-6 ounces of coffee. Top with whipped cream. IMPORTANT. Do not mix cream into coffee. Drink coffee through the cream. �Cute Faces in Cute Places photos by mike shapiro and randi chavis April 26,1979 Opinion 7 �Lippes Argues For Canal Homeowners — continued from page one three to five years some economic disincentives against dumping that will take the federal government, through statutes like TOSCA and RCRA, 20 years to do, if it can ever do it." Proceeding under common law theories of negligence, .nuisance, and trespass, Lippes hopes to hold the defendants to strict liability for mismanagement of hazardous substances. Showing causation of specific injuries presents intricate proof problems. Consultants are already preparing sophisticated toxological surveys which indicate injury rates far beyond the national average. Lippes expects to begin litigation within a month or so. One major issue in the suits will be whether they are time-barred. No perfect analogy exists in statute of limitations cases, since Love Canal litigation is of the first-impression genre. The trick of the cases is assigning a date of injury, or the time individuals could have reasonably known that their injuries existed and were a result of toxic exposure. Lippes is also planning a class action suit on behalf of the entire Homeowners' Association for property damage. Besides the environment, Lippes' specialities include student law, constitutional law and incorporating not-for-profit groups. Student government at UB retains the firm for prepaid group legal services. The constitutional work is a holdover from Lippes' leaner years, when he did quite a bit of criminal work. The Saint Augustan Center, The Empire State Ballet, and the Buffalo Theater District Association, among others, are groups he has incorporated and represents. Lippes is a man in an enviable position. There are plenty of environmental lawyers around willing to argue the corporate side, but citizens' lawyers are scarce, he said. With the developments of the past week, Lippes stands to get even more business. New evidence continues to come in. Last week a House subcommittee released a report containing some of Hooker's internal documents which indicate knowledge of health dangers to homeowners 20 years ago. But an even more delightful chunk of manna fell on Lippes this week when a former Hooker employee surfaced with a startling 250 page document called "Operation Bootstrap." Michael Bayliss was a supervising engineer and an efficiency expert at Hooker until one year ago. He said he was finally fired last February after Hooker tired of his constant complaints about health and safety conditions in the plant. Bayliss was able to document some horrendous health hazards to which workers were exposed and to obtain the "Bootstrap" papers, an internal health and safety study. Lippes and Bayliss have already exchanged notes, and Lippes may have a bonanza of occupational injury cases on his hands shortly. Bayliss, of course, will make a v Opinion 8 superb expert witness. Besides, Bayliss needs a lawyer himself, since Hooker is presently threatening suit against him for releasing documents against 'company policy and violating a clause in his employment contract. After spending three years inside Hooker Chemical operations, Bayliss guffaws at the mention of the Occupational N Safety and Health Administration (OSHA). He called OSHA inspections bogus, and said conditions in the plant would have shocked an inspector had he been able to take one on a tour. The document Bayliss has backs up his claim. For example, C-56 a deadly compound and building block of the banned pesticide Mirex, was manufactured in a non-ventilated building. Building D2lO was so full of dust, Bayliss said, that "The government would have shut it down if it had been a flour mill because of the explosion potential." The dust is dechlorane, another pesticide containing C-56, a compound considered 10 times more toxic than deadly phosgen nerve gas. Plant workers used to laugh at Bayliss' warnings, replying "This ain't no chocolate factory, sonny." But last week, the president of the Hooker workers union, Neil Hayes, said union members are beginning to worry about the working conditions. Workers claim they were never told when they were handling toxic chemicals. One employee told The New York Times he used to test C-56 for crystalization by patting the compound into chemical "snowballs." Bayiiss calls it corporate murder. OSHA needs a search warrant to inspect. The scenario is building. The Justice Department has told Bayliss not to speak to officials from any other agency but itself, so developments will be interesting to watch. Piercing the corporate veil? This law student seems to be taking the course too literally. Students have gone to great lengths to prepare for finals, but this one's undercover investigation seems a bit much. Tight Shoes Result in Bar Failure by Ralph J. Stairsteps JacSb Fuchsberg was afraid to bathroom, such stops can be writing to give some of costly. 4. Do not have surgery anytime you the kind of advice that will get you through this horrible during the bar review period. See call, I am Each year thousands of New York and alien law graduates plummet headlong into one of the exam. most terrifying experiences Many of you might think known to human existence: The multi-state will change the 'New New York Bar Exam. To see these York exam. Wrong. Perhaps the assorted anxiety-prone throngs short answer questions will be one would never venture to guess more general and limitedjo areas almost one-third secretly hope to of law generally covered in law fail this monumental test of schools (unlike the old short stamina; agility and mental answers which generally dealt cohabitation. only with subject areas considered The Marißri Institute of Bar archaic in 1910), but by and large Studies has just issued a report the New York examiner's that confirmed this author's penchant for doing the suspicions: one-third secretly extraordinary will remain. Perhaps desire to fail. There is no single it will be in the form of an essay thread which unites this group. question on gastrointestinal They are held together by many disorders as they relate to a strands. For some, failing is a way restaurant's breach of warranty. out. They will not now nor ever Be prepared. fulfill their parent's dream of Wall I do not make predictions as Street. Instead, they can retire to other bar predictors. My advice Malachai and braid tapa, drink does not read as Mr. Marino's: Polynesian drinks advertised on "There will be a question on Chinese Restaurant menus, and Labor Law, New York Practice, never confront the outrageous out Contracts or UCC, Con. Law, there who call themselves the legal Dom. Rel. two on New York community. Practice, etc...." Another group that fails is Those predictions are motivated by something different: worthless. That happens every individuality. It is quite clear, that year. although many complain about I do not make predictions like the difficulty in passing the New Stan Chess: York Bar, three times as many "Well we don't think you can pass as fail. For those who do not predict, but there will probably be like crowds, failing is the only a question on Labor Law, New answer. York Practice ..." But I am not writing this My predictions are more like article about the failures. As one Jimmy the Greek's. For instance: who passed, and it is rumored in The odds are 10-1 against the New Albany my score was so high York examiners raising the pass rate to 90 per cent. The odds are 5-1 against the New York examiners raising the pass rate to According to the dean the survey 80 per cent. So much for has two purposes. predictions. The following is unsolicited "The first is to relieve student anxiety over the bar exam by advice. I hope it will aid you, at enabling them to pick up some least those ofyou who really want familiarity with areas of the law to pass the exam. For those of which they have not been exposed you who secretly desire to fail, it to before. A second purpose is to will be* a revelation. Contained in breakdown compartmentalization these words will be the very mode of legal topics," he said. of operation (modus operandi, for Commenting on the new Mike Buskus) to lead you astray. program the dean said, "Putting it 1. Always wear comfortable all together in an educationally shoes during your bar review sound way is an immense task, course. Tight shoes will affect but even if it fails it is worth a try. your mental processes and you One has to keep trying new things will spend more time rubbing at the risk of trying and failing. your feet than taking notes. The burden of proof placed on an 2. Do not fall in love during innovator is that one should not the bar exam or review course. embark unless sure of a better You will spend too much time educational experience. But my rubbing his/her feet and not view is more balanced. If you have taking notes. See rule number a good shot at it, try it even one. 3. Do not eat fried foods, or though you know some percentage of the plans are going any recipe of Paul Suozzi'i while to fail." studying for the bar exam. An In order for the new program occasional violation may not hurt, to be successful it must be but definitely follow this rule in supported by the faculty, the late June and early July. Heavy dean said. "What is needed is a food will lead to much time in the reasonably strong consensus bathroom. Unless you do not among the faculty and not simply keep Time, Ms. or other a majority vote," he said. interesting material in your - rules one and three. 5. Do not run for higher office during the bar review period. Do not even run for lower office. Don't run for busses either. One student who did is still trying to find his Dom. Rel. (domestic relations) notes somewhere on Sweet Home*Road. 6. Allow weird desires to come through. Stand up on busses and sing The Impossible Dream if you must. On your way to the law school it is permitted to open all your car windows while you sing to the radio, "Sweet Home to the law school, where the rooms are so blue. Sweet Home to the law school, Now I'm coming home to you." 7. Do not take baths. See rule two. New Courses Planned — continued from page one The proposed structure of the third year curriculum would consist of three sequence courses including a seminar, three elective courses chosen from substantive courses or mini courses and a course entitled a survey of American law. The four sequence courses, one of which is to be taken in the fourth semester of law school, would enable a student to develop some expertise in a specific area of law. Dean Headrick said, "The intent is to provide students with a level of sophisticated problem solving faculties which students could hot derive from taking only survey courses. The experience of working in technical areas of the law will carry over into other areas of the law." To alleviate potential problems caused by limiting students to choose only five substantive courses, the dean proposed the five credit survey of American law, which would be offefed to graduating seniors. The survey would provide a broad overview emphasizing the interrelationship among the different areas of law. April 26,1979 ■ Many of you probably read this list and said, "Garbage." In August it will be too latefor you. One last note. Anxiety is good in June. Even in early July it's not bad. However, the day before you take this exam you must dismiss it. There are several theories on this subject. My feelings are as follows. Of all those taking the bar exam there is a certain number from out-of-state law schools. They did not take New York Practice. They will fail. (For those who did not show up for New York Practice, take heed). There are those repeating the exam who already failed it once. At least one-third of them wanted to fail to begin with. They will fail again. Now it starts getting tough. You can usually convince yourself a number of private practitioners who were not able to waive in from their respective states will also be taking the bar. They will fail. Here is where you can take some advice and succeed where others fail, just keep repeating: "I did not wear tight shoes during the bar. Some did and they will fail. I did not fall in love during the bar exam. Some did and they will fail. I did not have major surgery, nor take baths during the bar exam. I did not eat fried foods. I did not eat Paul Suozzi recipes (they also take a lot of time to prepare). Those who did will fail. I did not. I will pass." I think the frame of mind, or lack of one, that is necessary to pass the New York exam is quite clear. The Institute of Mind.and the Law has concluded the highest pass rate in New York was attributable to students with frontal lobotomies or those from New York Law School. Draw your own conclusions. Write your own ticket. Good Lunch. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-04-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/26/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/77981f638b3d041893af3cfb18c20027.pdf bb5974123241a12169bb3c3db95a6100 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 19, Number 12 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 State University ofNew York at Buffalo School of Law April 5,1979 ApplicationsDecline For Law Admission by Mike Berger The number of applications for admission to UB law school has declined for the fourth year in a row, according to figures released by Charles Wallin, assistant to the dean and registrar. Approximately 1,400 applications will be received this year, a drop over 50 per cent from 1974-75, the year in which the most applications were received. Since 1974-75, LSAT administrations have declined 23.4 per cent, according to a report by Dean Thomas Headrick distributed to various legislative aides March 22 in Albany. The number of LSATs administered is an indicator of the number of people applying to law schools nationwide. According to the dean's report UB law school applications have declined by over 45 per cent since tuition was raised from $1,600 per year to $2,000 per year in 1976. Headrick speculates applications are down as a result of four factors: the national decline in law school applications, the decline in the amount of law schools to which individuals are applying, the printing of concrete admissions criteria which discourages people from applying who feel they have little chance of gaining admission and the last tuition increase. Headrick noted the projected tuition increase next year will likely have a negative impact on the number of applicants. "We are losing applicants who had little interest or expectation of coming here," Headrick said. Wallin did not think the last tuition increase was the sole reason for the decline in the number of applications, noting some people who were accepted ;at Buffalo had chosen to go to Syracuse University Law school, which costs $4,150 per year. Wallin speculated the decline might be the result of several factors, including the Blizzard of 1977, the declining impact of the increase in the number of women applicants and the increasing difficulty of law school graduates in obtaining jobs. "There is no one thing which we can put a finger on which has caused the decline," Wallin said. Despite the decline in applications in the last several years the median scores have remained stable, according to Wallin. The median grade point average (GPA) for the class entering the law school in 1978 was 3.35 and the median LSAT was 617. The median scores for the class entering the law school in 1974 was GPA of 3.32 and LSAT of 621. However while the average LSAT score has remained stable at the law school the average score nationally has risen. The law school has stepped up its recruitment efforts to combat the decrease in admission continued on page three — New Law Review Editorial Board took office after last Friday's elections and beer blast. Front (I. to r.): Joe Mari, Dave Abbott, Diana Goldwasser. Middle: Dennis Koeppel, Ruth Kennedy-Daise. Rear: David Wynn, Tom Kelly, Wayne Lopkin, Sue Lankanau, Phil Mclntyre, Howie Grossman. Sea Grant Output Questioned by Jay Marlin Is the Sea Grant Law Center a terrific program bringing lots of money into the law school and providing exciting opportunities for law students or is it a poorly managed program which has accomplished little for the money spent, filled with students who did nothing for the approximately $1,200 summer stipend they received? A series of interviews between the top editors of Buffalo Law Review and the co-directors of Sea Grant ■ have turned up a surprisingly contradictory view of Students Fund Summer Positions Friday, April 6, is the deadline for the submission of applications to the placement office by students who are interested in doing public interest work this summer under the auspices of a pilot law stipend program launched by the Student Bar Association (SBA) and the Buffalo Law Review. Two types of positions will be considered for funding under the program. The first type is a full-time clerkship at Legal Services for the Elderly, a non-profit group in downtown Buffalo. The second would include any individual public interest projects in the Buffalo area suggested by applicants. An application should include a resume, a list of grades to demonstrate good academic standing and a one-page statement of interest in the job. If an individual project is proposed, the application should also include either a detailed outline of the project or the name and description of the agency for which the student proposes to work. Interviews will be announced on April 16. A stipend of about $1,500 will be paid to those selected for positions. The pilot program began as a joint effort of SBA and Law Review in response to inquiries by some students concerning alternative sources of funding for public interest jobs. SBA plans to allocate $1,500 in student fees to finance one position. Law Review has already raised more than $1,500 in pledges from, its members for a second job. Members of the Buffalo Legislation Project and the Moot Court Board have also expressed interest in donating to the program. Other students who would like to help may pledge by contacting Ruth Kennedy-Daise in the Law Review office. If enough money is raised, a third position may be funded. If any of the students selected under the program are eligible for work-study money, the amount of the work-study grant would free that much money to be spent on yet another position. Selections, however, will not be made on the basis of whether a student has alternate sources of compensation. If the pilot program is successful, additional sources of funding will be sought next year. In the future, the hope is that the program will fund entirely projects proposed by students. To help insure the success of the pilot, however, Law Review has committed its $1,500 to financing a position at Legal Services for the Elderly. Since there is so little time for students to develop creative projects this year, the concrete position is seen as giving stability to the program. what Sea Grant is and what ithas accomplished. But what is Sea Grant? By its own definition, the "Sea Grant Law Center is a section of the New York Sea Grant College, which is funded by the National Oceanic and Atmospheric Administration of the Department ofCommerce." "The function of the Center is the study of the legal aspects of the exploitation and management of our marine and coastal area resources." Sea Grant lists its publications as follows: 1975 Sea Grant Law Center published a selected bibliography on the subject Coastal Zone Legal References, which was updated in 1976. 1976 The first Sea Grant journal published in December 1976, was composed of research articles written by 1975 Fellows. According to Professors Milton Kaplan and Robert Reis, co-directors of Sea Grant, the 1978 Sea Grant Law and Policy Journal is at the printers and should be available by the end of this semester. In addition, Sea Grant is preparing a set of bibliographies which would supplement the journal, and plans are underway for a 1979 Sea Grant Law and Policy Journal. The criticism of Sea Grant by Law Review Editors Greg Yawman, David Shapiro, and Larry Goldberg centered on the lack of published articles Sea Grant has produced over the past several years. They maintain there is a lack of direction and control over the twelve individuals who collect the $1,200 summer stipend. Re is and Kaplan admitted there were some problems in the past, but maintained the problems have been recognized. The criticism that Sea Grant has not published enough stems from a misunderstanding of the program, they said. Kaplan cited several reasons why he thought Sea Grant has not - - GregYawman published ' - mike shapiro extensively over the several years. past "Either the pieces were slow to develop since they were not seen as publishable by those in Law Review, or it simply took usa lot of lead time to develop the articles," Kaplan said. "Our output has been disappointing to me, but we're confident we're now on the right track," Kaplan said. Part of Sea Grant's problem according to Goldberg is most of the Sea Grant and Law Review people are the same. "It's impossible to write two articles, and since the Sea Grant program always ran into the fall, it would conflict with the individual's obligation to the Law Review," Goldberg said. In response to a lack of published articles by Sea Grant, continued on page three - �- Vol. 19, No. 12 • Editor-in-Chief April 5,1979 Jason Poliner Managing Editor Randi Chavis News Editor: Alan Nade.l Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Bill Brooks, Paul Bumbalo, Rosella Brevetti, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marlin, Bob Siegel, Ted Tobias Staff: Contributors: Mike Berger, Michael Rosenthal, Ricky Samuel, Jr. Copyright 1979|, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Letters To The Editor Simulated Interviews Complimented To the Editor: We have been inundated with compliments on our new program, where a student can be video taped while participating in a simulated interview. Unfortunately, only a few people are taking advantage of this opportunity. Compliments don't mean jobs. Good interviewing In the face of anticipatory departure anxieties the current editorial board must bid you farewell. It has been a year mixed with much pleasure and frustration. The pleasure largely stemming from the gratification of bringing to a focal point issues of great concern to the law school community. The frustration largely stemming from the desire to be newsworthy, and present news that is not stale, and having to contend with a bi-weekly publication. Sometimes, perhaps too often, the frustration was a result of working with a skeleton staff. The former problem is due to inevitable financial constraints and is largely unavoidable. It is the latter source of frustration that is more difficult to accept. Things do not always run smoothly, and when they do not the burden falls to those on the editorial staff. But, a newspaper that is content with the status quo and is not frustrated in one capacity or another must seriously question its impact and importance to those it serves. The new editorial board has been selected and it will be their function to present the next issue. There are many good people who have committed themselves to bring the news to you (and sometimes even the not so newsy). These people cannot do it alone. It is essential for their mental well-being that they receive contributions, and form a substantial staff. Despite the fact that the paper only comes out every two weeks, and we take pride in having met every deadline in the past year, it requires continuous input. With a larger staff, working for the paper can provide a great diversion from the trials of everyday law school life. As a final note, we would like to thank everyone who has contributed in the past year and we hope that the current student body will provide at least as much support, and hopefully a little something extra. first and get an extra advantage. No one will see the tape but you, unless you wish to review it with the interviewer. This program is not designed to embarrass anyone, but rather to help everyone who chooses to participate. AlanS. Carrel Audrey Koscielnlak LaValle Discusses Dental Education The following letter was received by Leslie Wolffe in response to her letter written to Senator LaValle concerning the proposed tuition increase for the law school. March 20,1979 Out With The Old, In With The New skills do. We realize this is not an experience people look forward to, but neither is interviewing. It is because the latter is essential to obtain a job that the program becomes so important. You may not wish to see what you look like when you're being interviewed, but every prospective employer must. Why not look at yourself Dear Ms. Wolffe: Thank you for writing and expressing your position on increased state monies for private dental schools in New York State. There is no doubt these schools aid to $3300 per student at an are an important resource and in additional cost of $1.2 million. recognition of their key role, the We are now exploring the needs of State provides $12 million to New both public and private dental York University and Columbia education, the extent of dental University; $1500 for each shortage and maldistribution in student in the first two years of the State and the implications of dental school and $2500 for each increasing aid for dental education student in the last two years of on other forms of health science dental school. In addition, Bundy education. Please be assured that your aid of $3100 per graduate is awarded annually to each of these views will receive serious consideration in our deliberations. institutions. Recently the State has been asked to increase dental capitation Kenneth P. LaValle President's Corner Students Respond To Letter Campaign not be able to afford, because very relevant issue. The vote in they generally do not pay very the legislature on the budget took well. Contributions by the Law place April 1. From all indications Review and SBA have made it every effort will be made to insure possible to subsidize several law school tuition will not be by Leslie Wolffe Public Interest Law The Student Bar Association (SBA) recently voted to support and fund internships in public interest law in coordination with the Law Review. Tony Leavy and Ruth Kennedy-Daise, along with the SBA Public Interest Law Committee, have developed a pilot program designed to give interested law students the opportunity to obtain summer employment in the area of public interest law. These are positions most students ordinarily might students this summer. Applications for this project are now being accepted. This is the first time SBA has gotten involved in a project of this kind. The project, with its potential benefit to the community, and law students involved, may well provide a new direction for the members of the SBA and the student body. Law Revue increased should there be a general SUNY tuition hike. This is not a guarantee, but our impression of the situation. The student response to the SBA letter writing campaign was extremely positive. That kind of community effort may very well prove to be a deciding factor on this issue. We hope to be able to count on that level of student involvement for the coming year. Congratulations are due to Ted Donovan, Michelle Silver and John Batt for the Law Revue Show and Party held March 24. Attendance was terrific, the show was a success and everyone seemed to have a great time. The question all week has been "when's the next party?" Orientation The orientation committee will begin to plan for next year's incoming class. If you have any ideas for activities or programs at orientation, or would like to work on the committee, please contact the SBA office, or leave a note with your name and mailbox Tuition Increase number in Box No. 769. We'll be in touch after vacation. Have a The tuition increase is still a good vacation! M*ra «v^ «xws rMxrs . <rxxrs «>«^» «xwa co»<r» «xw» tiXM? c\#o Commencement Announcement ,, Commencement will be held at Artpark, Lewiston, New York on May 26 at 1:30p.m. Parents I and guests are invited to attend. Each student will receive 10 invitations. Information about motels, eating places and Artpark activities will be available after Easter recess. t The commencement speaker is Matthew Jasen, associate judge, N.Y. Court of Appeals. Music will be provided by the University brass ensemble, and a social hour will be held after the event. Students should arrange to rent their gowns through the bookstore by April 17. After April 17, a late fee wiM be charged. The decision to wear gowns was made by student vote, as was the choice of w the site. Students are therefore encouraged to wear the regalia. A Barrister's Ball is being planned in conjunction with commencement. It is tentatively scheduled for May 24 at the Buffalo Athletic Club. Further information will be forthcoming from Carol Egan and her committee. f Seni°rS Wh° d 1 for their Braduation Photos may still arrange to have them taken by c,anOOm th Cindy The si»n-uP deadline is gZ 20. A second sitting will be arranged based upon the sign-up. A graduation rehearsal will be held prior to commencement the in Moot Court room. Students who have questions should see Allan Canfield. €**K9 o*4o O#V9 C^*V9 CMK9 O#V5 «X»V9 O*V» O«K9 «XKJ £ £* , , 1 ! TZ , fa^ '-V' >nA I 2 W' Halm- AP"I \ J « \ V 5 f J a < I 0 «j i S • 3 f «-Nl*3 2 Opinion April 5,1979 �Admission Scores Are Stable - continued from page one Student Affairs Alan Canfield applications, Wallin said. visited 13 undergraduate schools "Up until two years ago we in New York state, primarily to had more people than we could recruit minority students. accommodate," Wallin said. Canfield noted there is a big "Obviously if the decline gets steeper there will be a real problem." "Many people are unaware of the existence of this law school," Assistant Dean and Professor William Greiner said, noting the school has very low visibility outside the SUNY system. Although the law school has a "very high reputation among other law schools and among law firms" it is not well known to pre-law advisors at undergraduate institutions, Greiner said. "Materials were sent to every pre-law advisor in the Northeast," Wallin said. In addition a pre-law advisors workshop was held last fall which 21 advisors attended. "We never had tried this market of native New Yorkers who go outside the state for their undergraduate education but want to return to New York to go to law school. Thus far, Canfield said, we have not been able to attract this student to the law school. "We will get a good student body but it will be more difficult," Greiner said. According to the 1978 Study of New York State law school applicants, Buffalo law school's most significant competition for students already accepted were law schools in Boston and Washington, O.C. Despite the decline in applications Wallin said he doubts "whether the State of New York before," Wallin said. would provide the law school with In addition Assistant Dean of a full time recruiter." SBA Votes For Option In Insurance Coverage Brevetti To ascertain student sentiment on the controversial abortion coverage issue, Student Bar Association (SBA) conducted a health insurance survey before voting on March 22. When the ballot boxes closed, 255 students had returned the questionnaires. Although the turn-out may not be indicative of the majority view, certain trends were observed. Under the present UB health insurance program, students wishing to be exempt must demonstrate coverage under a private program. In response to a question asking whether the University should continue this mandatory insurance coverage, a majority of 130 answered yes. A clear majority, 181, felt abortion coverage should be included in future University health insurance by Rossella community. The Board meeting was attended by Coalition for Abortion Rights and Against Sterilization Abuse (CARASA) and other interested parties who participated in the heated debate. Each issue was discussed by board members followed by a general discussion open to all present Before deciding the abortion issue, the board voted to continue mandatory health insurance coverage. After this issue was resolved, Tony Leavy spoke in favor of an opt-out insurance plan for those who were "religiously, or morally philosophically, opposed to First Year Applications 1979 1978 1977 1976 1975 1974 1400 1717 2122 2370 2241 2711 . Median Scores First Year Class 1978 1977 1976 1975 1974 Regular Admits GPA LSAT 3.35 3.45 3.49 3.35 3.32 617 620 617 625 621 mike busttus Claims, Professor Albert R. Mugel, and Stephen Miller, Internal Revenue Service, hear law students argue tax briefs. The best presentation was made by Duquesne University Law School. Sea Grant Problems Cited — continued frompage one last year the decision was made to ■merge Sea Grant and Law Review so there could be a greater degree of coordination. Top editors of Law Review received a stipend from Sea Grant over the summer while working on Law Review and monitored Sea Grant fellows and theirwork. According to Yawman, the merger "made sense," he said. "Enough articles were written so that Kaplan and Reis decided they could publish their own journal," after the merger. However, Goldberg questioned the quality of the material accepted for the Sea Grant Journal. "It was pretty low grade material, stuff we wouldn't dream of publishing," he said. Shapiro added, "Our editorial process is more rigorous." The lack of responsibility on the part of some students abortion." Leavy remarked the opt-out plan would satisfy both sides, protecting a women's right to have an abortion while at the same time not offending those morally opposed to abortion. After Leavy had sopken, board The question which generated members exchanged views with the most debate at the SBA CARASA representatives. Some meeting was the one asking board members questioned the whether some type of option validity of the survey. One should be provided with respect CARASA member expressed the to abortion coverage. At present, view the survey was biased. An there is no provision in this year's SBA representative felt the survey insurance program for anyone shouldn't carry any weight since who does not desire abortion the "majority shouldn't decide minority rights." At the coverage. One hundred and twenty-two conclusion of thefloor discussion, students voted for the option no consensus of opinion had been while 131 voted against any reached. After hearing the various option. A majority of 123 students felt that if an option was arguments, the SBA voted against included it should apply to any mandatory abortion coverage in favor of an opt-out provision. The student The abortion question is one opt-out plan for abortion coverage which will have ramifications was voted down at a Sub Board throughout the student meeting on March 22. NOTICE Applications are being solicited for the position of instructor in the 1979-80 first year research and writing program. The program will be conducted during parts of both semesters, commencing late in September 1979. The work will be concentrated in periods totaling about 16 weeks between then and April 1980. The stipend will be $1,500. Applicants should submit to the placement office on or before April 27,1979: 1. A Resume 2. A Writing Sample 3. A statement indicating extracurricular commitments of the applicant during the 1979-80 school year. Preference will be given to third-year students. - Mugel Competition judges, I. to r., Judge Louis Spector, Court of plans. - mike shapirc Larry Goldberg accepted into the program was another problem with Sea Grant, according to Goldberg. 'The real problem started this past fall when we hadn't even gotten first drafts from a number of individuals. We told people they would be expected to work 40 hours per week on Sea Grant during the summer, and that it would probably run into the fall,": Goldberg said. "Everyone was aware of their responsibility. They had an oral contract to come up with a piece of suitable writing. Certain people we never saw in the library and we started to get worried. My feeling is that the $1,200 is a very sought after position, and the individual who accepts that position owes to Sea Grant, this law school and us a bona fide effort," Goldberg said. "Two people felt their obligation ended with the first draft," he added. "Other people did minimal work not worth $1,200,"Shapiro said. "If they're on Law Review, we have intermediate sanction threats deny them credit, or deny them - promotion," Yawman said. "We have no sanctions for Sea Grant people who did nothing in the fall and summer." But what the editors of the Law Review did do in the fall was ask Kaplan and Reis to place a letter in the file of students who had not made a "bona fide effort." Yawman admitted "this was a very serious matter," but pointed out it was done in only a few cases. Shapiro pointed to a "lack of communication between Law Review people and Reis and Kaplan as part of the problem." He' acknowledged part of the fault lies with Law Review. He said, "The program is not structured enough. Part of it is our fault and part -is Reis and Kaplan's fault, but we are doing something wrong." Despite all the problems he sees with the program, Goldberg would, not want to see the program eliminated. "It's simply too profitable for the school," he said. He pointed to a new world processor which Sea Grant funds will bring to the law school. Kaplan and, Reis argue that besides publishing, Sea Grant has performed a very important "educational mission." "We've held seminars and conferences, have worked on special projects for the State of New York, and have prepared our people so they can go out and speak to groups on the topics they've been working on," Kaplan said. The three conferences conducted by Sea Grant at the law school were on Power Plant Siting, Coastal Zone Management and Great Lakes Shipping, which were well attended, Reis said. Kaplan noted both the New York Sea Grant Institute and its national arm regard the Buffalo Sea Grant Program as "one of the best in the country." One project in particular the Sea Grant fellows worked on was a proposal to build a major port facility off the New York and New Jersey shore and the legal questions surrounding the construction of such an island complex. "It isn't just publishing on someone's perceived scheduled that measures the value of the year's program. If the ground rules said that every student who got a fellowship must publish something, then if you looked at it that way it's a dismal record," Kaplan said. Kaplan pointed to the 1979 Symposium issue of Buffalo Law Review and the Sea Grant Law and Policy Journal to indicate where many of the articles written by the fellows over the past couple of years will be published "I think," Kaplan said, "thai people are taking unfair pot shot; at the program instead of taking shots at the individual students This is a law student problem." "I don't know anyone no\ who is not producing. We ar doing the best we can under th circumstances, and in terms c output, the current people will b productive," said the senio professor. Reis echoed Kaplan's point that publishing wasn't the sole goal of the program. He cited the work of the Sea Grant fellows in working with the New York Department of State on the legal questions surrounding! extending the coastline in conjunction with New Jersey, and of the legal questions surrounding the extension of the Erie Canal. "For our 1979 trainees," Reis said, "we will have to cut down on the magnitude of the tasks assigned to them. Instead of playing it by ear as before, we will now have a tracking mechanism. "If you compare Law Review to Sea Grant, you have to notice that Law Review articles are of a small to moderate size, while ours are major policy pieces," Reis said. "We're closer to schedule than most law reviews and we don't go outside the law school for articles," he added. Reis pointed out Sea Grant is the only "undergraduate law program in the country, which provides support for student research and training within the law school." "If people can't publish their stuff in the law review, then it can be published in the Sea Grant Journal," Reis said. He added the biggest problem is "we have too much stuff to publish, so we have to hustle for the money." "Tell me another law school where an 81 page piece by a student can be published?" Reiss asked. "Look," he said, "there's always someone who takes advantage. If there's a problem we will deal with it. Statistically, the program does well. And, we are even having students come to the law school just for Sea Grant We know because they talk to us before they decide to come here. This can only be a positive factor for the school." ' ~4e April 5,1979 Opinion 3 �LawR The evue The second annualLaw Revue was an unqualified success. The many talented and not so talented but enthusiastic law students, faculty and staff provided an evening offun a and entertainment. Hidden talent at the law school includes magicians, comedians, belly dancers, tap dancers, musicians, nude law professors and vocalists. Emcees Ken Patricia, Ricky Samuels and Ken Turek kept the show rolling smoothly along with their professional patter. And the band would have made Dizzy Gillespie proud. Thanks to all who made the evening possible. 4 Opinion April 5,1979 �April 5,1979 Opinion 5 �Culinary Counsel A Culinary Celebration of Passover And Easter 1 medium carrot Vi medium onion bunch of fresh dill bunch of fresh parsley salt and pepper Grate the carrot and onion in with the egg, matzoh meal and water and mix. Finely chop lot 3 tablespoons of the fresh dill and add. Chop a little parsley and add. Mix all ingredients thoroughly. Salt and pepper to taste. (If the mixture is too thick, add a little water.) Stuff a bird. by Paul Suozzi The holy days of Passover and have very special significance for the members of the Jewish and Christian faiths. Both commemorate pivotal episodes in the lives of their respective followers. For Jews it was the passing over of the angel of death and their escape from Egypt. For Christians it was the resurrection of Christ and the redemption of man. As might be expected, these events have an impact on the kind of food served during the season. Passover is characterized by matzoh unleavened bread. It is made without yeast or other leavening agents in remembrance of the fact that the Jewish people had no time to let their bread rise while fleeing bondage in Egypt. Easter marks the end of Lent, a period of penitence and denial. The joy associated with Christ's triumph over death is characterized by the use of sweets and meats, things given up during Lent. The following recipes are only a small sample of the kinds of traditional foods consumed during this time of year, but they are delicious and well worth the preparation time. Easter — Grandma Konefsky's GhettoStuffing/ from her grandson Fred Warsaw Neapolitan Easter Cake/ from Marianne Suozzi Pastry: 2 cups flour 4 tablespoons sugar 'A Ib. butter 2 egg yoks Filling: Vi cup rice 2 squares baking chocolate 1 Ib. ricotta cheese 114 cups sugar Flour a board and roll out the remaining pastry until about V* inch thick. Cut into 14 inch wide strips using a pastry cutter, and place them lattice fashion on top of the ricotta. Bake for one hour. Cool before serving. Basic Sweet Dough/ from Tanya Miller 1 cup milk, scalded Sweet Rolls: Take half of the above dough and roll into a rectangle 12x15 inches. Spread with melted butter, brown sugar and cinnamon. Roll up jelly roll fashion. Slice into % inch slices and place cut side down on greased pan. Let rise until double and bake as above. Frost with confectioner sugar icing. (1 cup sugar, 2 tablespoons milk, Vi teaspoon vanilla) Matzoh Balls/ from Jeff Singer This very traditional passover food is usually added to chicken soup. However, any soup stock will do. 14 cup matzoh meal 1 teaspoon salt 2 tablespoons chicken fat (or 2 tablespoons vegetable oil) 2 eggs 2 tablespoons soup stock In a bowl combine the matzoh meal with the salt. In a separate bowl, mix the chicken fat (which you have skimmed from your soup) or the vegetable oil with the eggs. Combine with the salt and matzoh meal until well blended. Add the soup stock and blend well. Refrigerate the mixture at least 20 minutes. In a three quart pot bring salted water to a brisk boil. Keeping your hands wet, form balls with the mixture (about eight). Drop the balls into the briskly boiling water, then turn heat down slightly until you have a low boil. Cover and cook 30-40 minutes. Remove from pot and add to the soup five minutes before serving. Ricotta and Salami Pie/ from Marianne Suozzi This recipe is an old family Filling: tradition that stems from a lack of 1 dozen eggs choice items for a stuffing, rather 1 Ib. ricotta cheese than a lack of imagination. In 1 Ib. Genoa salami, diced other words, anything handy was !4 Ib. mozarella cheese, sliced thrown in since very little else was 14 Ib. Parmesan cheese, grated available in that neighborhood. Crust: Empirical evidence: Atleson Vh cups flour 3 tablespoons shortening played his banjo for three enough warm water to form consecutive days and nights after sampling this. On the other hand, dough it had no measurable effect on Beat the eggs and add the rest of the ingredients. Mix well. Roll Schlegel. out the dough and line a 10 inch pie plate. Pour the filling into the 1 egg pie plate and bake one hour at Vi cup water 325 degrees. %cup matzoh meal 3 eggs 2 egg whites (from above) 1 tablespoon candied citron 14 teaspoon cinnamon 1 lemon rind, grated 1 teaspoon vanilla First make the pastry. Mix the flour, sugar and butter until crumbly. Add the egg yolks and form into a ball. Set aside. Cook the rice, then, using a colander, rinse it with cold water. Set this aside to cool. Melt the chocolate in a double boiler and set aside to cool. Preheat the oven to 350 degrees. Put the ricotta into a large bowl and beat with an eggbeater until smooth. Add 1 cup of sugar and stir in the eggs until well blended. Add the citron, cinnamon, lemon rind, chocolate and vanilla. In a separate bowl, whip the egg white left over from the pastry with the remaining sugar until stiff. Then fold them into the ricotta mixture. Then fold in 'the rice. Take 2/3 of the pastry, roll it into a round and put it in the bottom of a buttered, 10-12 inch springform pan. Using your fingers, spread it out carefully along the bottom of the pan and up the sides about Vh inches. Pour in the ricotta mixture. 14 cup (one stick) butter or Dinner Rolls: Take half of the above dough 14 cup sugar margarine 1 tsp. salt 14 cup warm water 1 pkg. dry yeast 1 egg 4-5 cups flour (enough to make kneadable dough) To the scalded milk, add butter, sugar and salt. Cool until lukewarm. To the V* cup warm water, add the dry yeast and let stand until the yeast is dissolved. Combine the milk mixture and the yeast mixtureand add the egg and half of the flour. Beat vigorously until the batter is smooth. Slowly add the rest of the flour until the dough becomes a little stiff. Keep adding flour until dough loses its sticky consistency. Turn out on floured surface and knead dough for 10 minutes. It should be very soft and smooth. Put into a greased bowl and grease the surface of the dough so that it will not form a hard crust. Put in warm place and let rise until it is double. Punch down and shape into desired rolls, coffeecakes, etc. This dough is excellent for making plain dinner rolls too. After shaping as desired, let rise again until double. Then bake in preheated oven at 375 degrees for 20-25 minutes. China Revisited Better Late Than Never Here are a couple recipes which came in too late for the last issue. three minutes. Add mushrooms and then cashews. Serve with rice. Serves 4. and roll into a large circle. Cut into 15 pie shaped pieces and roll up starting at the large end of each piece. These form crescent shaped rolls. Let rise and bake as above. Another kind of dinnerroll is made by cutting dough into pieces which will form an inch and a half ball. Roll the piece of dough between your hands until it is about 4 inches long and 14 inch around (like a piece of rope). Form this into a knot and place on greased baking sheet. Brush with beaten egg and sprinkle with sesame or poppy seeds. Let rise until double and bake as above. This dough keeps well in the refrigerator for two to three days. After making as above, put it in the greased bowl and cover. Then store in the refrigerator. It will rise while there. Punch it down if itoverflows the bowl. Editor's note: Culinary Counsel's last Issue of theyear (perhaps last Issue ever) will be dedicated to dessert. Please share your favorite dessert recipes with your colleagues and friends by dropping them off In the Opinion office, Room 623, by April 17. ... . 1 small bunch broccoli 2 stalks celery Slice meat thinly across grain. Marinate in mixture of soysauce, Beef with Chinese Vegetables/ sherry, cornstarch and sugar for 1 chicken breast partially from Judy Subjeck 20 minutes. Break flowerettes off frozen broccoli and quarter. Peel stem of 1 Ib. sirloin steak, partially broccoli, discarding woody parts. 1 tablespoon sherry frozen 1 teaspoon cornstarch Slice stems thinly. Slice celery 3 tablespoons soysauce thinly. Vi teaspoon salt 2 tablespoons sherry 'A teaspoon pepper Stir fry beef for about three 1 tablespoon cornstarch minutes. Remove beef from pan. Vi Ib. mushrooms, sliced Stir fry broccoli and celery. Add Vi teaspoon sugar 1 cup cashews (or almonds) 3 tablespoons oil cabbage and pea pods. Add beef. Skin and bone chicken. Slice 1 cup shredded Chinese Stir fry until broccoli is cooked to thinly. Marinate in mixture of sherry, cornstarch, salt and cabbage crunchy stage. 1 pkg. pea pods, thawed Serve with rice. Serves 4. pepper. Stir fry chicken about Chicken Vegetable Ding/ from Judy Subjeck Opinion 6 April 5,1979 �Short Relief Is A Bird In Hand Worth More In The Stands? by Maria Colavito Most of us remember the first big Bird craze it began a couple of years ago when the Detroit Tigers came up with a promising young pitcher named Mark Fidrych, who was dubbed the Bird. He was' touted as the man who would thrust the Tigers into contention in the American League. As an added attraction, he held the promise of pulling the Detroit franchise out of the financial doldrums in which many non-championship teams find themselves. Games in which the Bird was scheduled to pitch were frequently sold out, and always better attended than those games - in which he didn'tappear. No one was quite sure whether the fans who turned out to see the Bird pitch came for baseball or for fun. Many critics said half of Fidrych's talent (he was good, compiling a 19-19 record in his rookie season in 1976) was his ability to psych out the batters. After all, it's easy to conceive of a batter becoming non-plussed at seeing a pitcher, a grown man, actually talking to his baseball, telling it where to go on the next pitch. Of course, what really threw off these players was the fact that more often than not, the baseball listened to the Bird and went exactly where commanded. All in all, it made for quite a show. The fans loved it, it made good press, the owners loved the larger gates and the Bird became an overnight sensation. Alas, as happens too often in sports, the Bird developed arm troubles and wasn't heard from last season. He is still a big question mark for the Tigers this year. So, except for Sesame Indiana State came along. Withall singlehandedly rescue the NBA theories on their problems. the prerequisites for becoming an Ifrom its serious financial Whatever the reason for the All-American hero - small town problems, much as Fidrych was financial problem, the owners boy, loves his school, best at what he does and capable of carrying an unrecognized school to the final game of the NCAA finals he helped make his team believable to a lotof skeptics. Bird became a household word overnight. Any week now, we are sure to see a story in People Magazine, replete with pictures of him helping his mom with the groceries, playing with his dogs in his backyard in French Lick, Indiana, or making a basket in the backyard hoop his father put up when he was a kid. The press loves to write about him which might be due to his large following rather than sportswriters' personal interest. Many writers seem to find the Bird uncommunicative. This isn't surprising considering he probably has not had a moment of privacy since September, and has most likely been asked everything from his opinion on Mideast peace to his ideas on Street's eight-foot feathered sports as business. friend, the American people were And speaking of sports as birdless for a while. business, our newest big Bird is That was until Larry Bird of being billed as the man who will - » Record Rack supposed to be the Tigers' white have been persuaded it would knight. It is no secret the NBA is behoove them to get more white ' in trouble; attendance is way down, ticket prices are way up and the owners are unhappy. After all, they don't own basketball teams for fun. Presently, this is being blamed on the fact that basketball is supposedly becoming a black sport. It is true less than 40 per cent .of professional basketball players are white and an even smaller percentage of white players are on the NBA's starting teams. Whether you believe this is the result of the socioeconomic structure of our society or the superior ahtletic ability of blacks or have your own theory as to why this has happened, is of no consequence. It certainly doesn't matter to the owners who, most likely, have no interest in the socioeconomic structure of our society (apart from wanting to stay at the top), would be more than happy to capitalize on anyone's athletic ability no matter what their color and seldom go around asking you or I for our Byrds Regroup And The Harmony Shines by Mike Rosenthal McGuinn, Clark and Hillman McGuinn, Clark and Hillman Throughout the years, rock artists have found group situations too limited for their egos, professional growth and musical tangents. This has caused continual change in a good number of bands. And yet, despite the fact that each member of the band is talented in his own right, he never again seems to reach the level of success he had as a group member. Neither McCartney nor Lennon made it nearly as big as the Beatles; Diana Ross, as a recording artist, never reached the peaks that had once been reached by the Supremes. It has been even rougher on the individuals who were less readily identifiable beforehand; look at the solo careers of the Moody Blues, Yes and the Who. Such was the case with the Byrds. The only member of the original Byrds to ever duplicate or surpass his past has been David Crosby and he did this while he was a member of another group. The other members floundered. Now, however, three of the original Byrds have regrouped and forged a new sound which has some of the old Byrds in it, along with much of the influence of the late seventies. One of the best things about this album is its consistency. The harmony shines and the instrumentation is classy throughout. The current single is "Don't You Write Her Off". It is a fast-paced number with a chorus that is immediately fixed in your mind. McGuinn's lead, vocal and the catchy rhythm help to make this a sure candidate for hit status. The best followup would probably be "Surrender To Me," a beautiful ballad that starts off a little slow (the intro really doesn't fit and probably would be better done away with) but picks up with the advent of the first chorus. Without a doubt, the lyrical gem of the album is its only acoustic number, "Bye Bye Baby." Here the instrumentation is at a minimum, and McGuinn's voice is about the best it has ever been. All of the members contribute to the writing with the strongest effort coming from McGuinn. Other solid cuts on the album include "Long Long Time" and "Backstage Pass." This album should set these three talented artists back on the commercially and artistically successful track from which they were derailed several years ago. Let us hope this reunion is a lasting one and not a momentary pause in their solo careers. "Copacabana" and could very well be the song to break Allen to the general public. The lyrics on this song, as on the majority of the album, are by Carole Bayer Sager. Sager is probably the best lyricist around today ("Nobody Does It Better," "When I Need You," and "Midnight Blue" among others) and her work on this album is up to par. Three of the songs on this album have the potential to be hit singles, but it is doubtful Allen is going to be the singer on the hit versions. The song with the most potential is "I'd Rather Leave While I'm In Love" which has already been covered by serveral artists and will become a standard in the hands of a Streisand or a Manilow. "If You Were Wondering" and the title song are also very strong. Probably the most interesting song on the album is the collaboration between Allen, Sager and Marvin Hamlisch, "Two / Could Have Been A Sailor Boys." The lyrics attempt to explore how two boys who grow Peter Allen up in identical surroundings can become such different people. Allen is primarly known as a While the song is not completely composer. His work with Jeff successful, it is a worthy and Barry led to Olivia Newton-John's interesting venture. Strangely, the only song on the big hit "I Honestly Love You." album that does not work is the Anderson, the With Adrienne lyricist of Barry Manilow's "Could one which is most familiar, It Be Magic" he wrote Pablo "Don't Cry Out Loud." Cruise's recent hit "I Go To Rio." Particularly in the light of With Carole Bayer Sager he wrote Manchester's superb reading of Melissa Manchester's current this song, Allen's vocal weakness smash "Don't Cry Out Loud." As stands out plainly. a singer, Allen is not particularly distinctive. However this does not Fate For Breakfast prevent the album from being Art Garfunkel Allen's thoroughly enjoyable The cover of this album is singing takes a back seat to his eye-catching. The particularly excellent writing and the picture of Garfunkel on the back arrangements throughout. The album's highlight is "Don't cover is so visually striking it Wish Too Hard." This song is very might lead one to think the album much in the spirit of his "I Go To is as filled with darkhumor as the Rio" and Manilow's cover. Gratefully, it's not. This - players into the ranks of the NBA. So, it appears the owners will be embarking on their own affirmative action hiring program. You can almost hear the agents pushing their great white hopes "Well, it's true that his shooting percentage was a bit below the NCAA average last season, and his rebounding needs some work, but after all he comes from Westchester. I mean, he didn't have the advantages that some of these kids had. They didn't have basketball courts at his father's country club you know. They were into racquetball and golf. But look at the entire picutre.'^' Think of what it will mean to white athletes everywhere, who have been struggling since Jackie Robinson's day to achieve equality on the playing fields of America. You really owe it to yourself to pick up this kid. Let me put it this way the cutting edge here is that this guy will really pack in Mr. and Mrs. Suburban and the kids, know what I mean?" And that is really what it is all about. Never mind the sports world shouldn't be a source of aggravation of the social and economic differences between blacks and whites. Never mind it certainly shouldn'tfoster the idea white people can't have a good time watching superior athletes who happen to be black. Seen in the most practical terms, the problem isn't going to be solved by getting Larry Bird and other white middle-Americans out on the basketball courts in exchange for multi-million dollar contracts. The real problem is Mr. an<L^ Mrs. Suburban can't afford to take their family to a basketball game. Larger contracts mean higher ticket prices, no matter the color of the players on the team. Instead of worrying about black and white, the owners should worry about the fan's green for a — — album features Garfunkel doing what he does best love songs. Garfunkel's last album was a noble experiment. He tried to take some of Jim Webb's better but less known songs and record an album spotlighting Webb. He produced the album himself, a first, and delivered an album of beautiful if not particularly memorable or commercial songs. His record company held up that album until Garfunkel put one commercial single on it and they received a remake of "What A Wonderful World." However, even with the inclusion of that song, the album was not commerical enough and its sales were disappointing. With this album, Garfunkel has returned to the style and change. commerciality of his Breakaway album. He has an outside producer, Louie Shelton, known for his work with Seals and Crofts. The pairing works quite well and yields an album diverse in style and consistent in class. There are several candidates for singles, and several more that stand up well after repeated listenings. "Finally Found A Reason" has a sound not unlike that of Seals and Croft's best work and possesses a steady beat and nice building throughout. "Oh How Happy" is a remake of a Ifyou smoke cigarettes, song that was always fun and easy you taste like one. to sing along with, and is even Your clothesand hair more so now. 'Take Me Away" can smellstale and beauty and of a has the grandeur unpleasant, 100. Renaissance song. "Since I Don't You don'tnotice it.but people close to you do. Have You" is done in the style of especially if they don't "I Only Have Eyes For You" and, smoke. like that hit, makes a beautiful And non-smokers i song from the past even better. are the best people to Other standouts are "Beyond The love. They live longer. Tears," "In A Little While" and "Sail On A Rainbow." The only miss on the album is "And I jl AMERICAN Know" which is marred by a very CANCER SOOTYT strange sounding background — WHAT YOUR KISSES TASTE LIKE? Thi«ip«i: contributed hylhe publisher v ■ puhik,' >crvicc vocal. April 5, 1979 Opinion 7 �April Fool'a LEXIS Search Finds Landmark O'Brian Cases protections because the validity any legitimate claim to the and merit of answers to questions deducations, disallowed the claim. were adjudicated as a matter of 61T.C 83. The Court of Appeals for the law by the professors, whereas they should be determined as a Second Circuit affirmed, finding question of fact by the jury of no basis in the taxpayer's contentions. 1011 F.2d 1016 (2d class opinion. .-.. Opinion: Defendant, acting under claimed governmental power has no right to violate citizens' constitutional rights. Bivens v. Six Unknown Named by Mike Buskus Federal Narcotics Agents, 403 Some previously unreported U.S. 388. cases of great interest to law The mere status of aggrieved students have been located thanks to LEXIS. These decisions, which parties as students, without more, have recently been reprinted in does not justify excessive the Trivia Law Review, were workloads, a form of cruel and formerly available only in slip unusual punishment. Robinson v. California, 370 U.S. 660. opinion form. Students have rights against Birzon v. United States, 422 compulsory self-incrimination, U.S. 999 (1976) In this case the which mandatory examinations defendant, adjunct professor of would violate. Malloy v. Hogan, law, was indicted along with three 378 U.S. 1. Students must be afforded the co-conspirators for violation of 18 U.S.C. §371, conspiracy against right to counsel for all the United States. The indictment examinations. Gideon v. alleged a common plan of the Wainwright, 371 U.S. 335. Evidence of incompetence, conspirators to violate students' 4th, sth, 6th, Bth, 9th, 13th and inarticulateness, or mere lack of brilliance, obtained by written 14th amendment rights. Students' 4th amendment examination method, unless rights ("The right of the people to accompanied by clear and concise be secure in their... papers..,. warnings cautioning students of shall not be violated") were the right to remain silent (i.e., not violated by unreasonable and take the exam), is inadmissible to warrantless criticism of students' the registrar. Miranda v. Arizona, 384 U.S. 436 case briefs. Students' sth amendment The remaining constitutional rights against self-incrimination questions are so obvious as to not were violated by a conspiracy to admit of any controversy. force students to take mandatory The conviction of defendant final exams, which tend to Birzon is affirmed. incriminate-students. Students' rights against double jeopardy were violated by the Greiner v. Commissioner, 1001 conspirators, who forced students U.S. 1023 (1977). The facts of to be retried on their lack of this case are as follows: Taxpayer knowledge on four separate Greiner (who always had a occasions. reverter interest in tackling tax The 6th amendment rights to law) was formerly a property the assistance of counsel were professor. He decided that the violated when Birzon and the estate of property professors had other co-conspirators prevented a future not interesting enough students from having attorneys for him. He made the decision to present to assist them during change his career from property pro to tax tycoon. To do that he exams. Bth amendment guarantees embarked upon a carefully against cruel and unusual planned program to qualify punishment were violated when himself as tax professor, spending Birzon and the other substantial sums of money in the co-conspirators imposed process. Greiner labelled these unconscionably lengthy sums "expenses" and claimed assignments over an insufficiently them as income deductions. Specifically, taxpayer claimed short period of time. Conspiracy to violate students' deductions as follows: $20.00 for 9th amendment rights ("The the Bittker and Stone textbook"; enumeration in the Constituion, $10.00 for the Chirlstein of certain rights, shall not be hornbook; $.10 for a phone call construed to deny or disparage to the IRS to get free publication others retained by the people.") 796; $1,000.00 for a research involved the denial of student's assistant to read tax cases for him; rights to determinefor themselves $3,000.00 home office expense, what their grade for a course including walnut panelling and should be. wall-to-wall carpeting; and Birzon and the other $25,000.00 for Ken Joyce's co-conspirators engaged in a notebooks. The total deductions common plot to violate students' claimed aggregated $29,030.10. 13th amendment protection Upon routine audit, the against involuntary servitude. The Commissioner disallowed the professors' common design of deductions and levied a deficiency excessively punitive workloads assessment, including late fees and were assigned to students without a 5 per cent negligence penalty. compensation for those excessive Petitioner Greiner declined to travails. pay the tax, opting instead to The four professors also petition to the Tax Court conspired to violate students' The Tax Court, in recognition 14th amendment due process and realization of the absence of ****** -■ 8 Opinion April 5,1979 Or. 1977). On certiorari to the United States Supreme Court, judgment was affirmed. Held, deductions disallowed. Opinion: Collector, J., delivered the opinion of the Court: This case presents the narrow issue of whether the expenses incurred in the attainment of skills in the area of federal taxation by someone formerly a property professor are legitimately deductible. For the reasons which we will make clear, we hold that those expenses are not deductible. I. Taxpayer's claim: Greiner relies solely on Reg. §1.162-5 (b)(3), which in describing deductible educational expenses, states that: "In the case of an employee, a change of duties does not constitute a new trade or business if the new duties involve the same general type of work as is involved in the individual's present employment. For this purpose, all teaching and related duties shall be considered to involve the same general type of work." Commissioner's The Commissioner relies upon the case of Joel A. Sharon, 66 T.C. 515. I I. The viewpoint: 111. Findings of law and fact: We concur with the Tax Court that the expenses claimed are not deductible. First, the tax study program embarked upon by petitioner did much more than merely "maintain or improve skills." Instead, it actually qualified petitioner for the more demanding, better compensated, more prestigious position of Tax Professor. Not incidentally, taxpayer doubtless expected to gain for himself substantial additional "savings" on his own personal tax bill (although presumable, this case seems to suggest no such conviction (Birzon v. United "savings"). Additionally, it States, 422 U.S. 999 (1976), qualified him to handle such wherein defendant was convicted private tax preparation work as of conspiracy [18 U.S.C. §371] "H&R Block" provides for a fee. to violate students' 4th, sth, 6th, Secondly, there was Bth, 9th, 13th and 14th undoubtedly a substantial element amendment rights. Held, such of personal consumption evidence is clearly admissible, enjoyment elicited from perusing Michelson v. United States, 335 the many permutations and U.S. 469. Defendant also objected to loopholes of the Internal Revenue Code. This is especially so in the introduction into evidence of the realm of the note cases in Bittker parking ticket that he received on October 18, 1977 when his and Stone. Cadillac, license plate no. the extent that to Finally, taxpayer "invested" $25,000 in 626-ECR, was ticketed for Ken Joyce's notebooks, that parking illegally in the O'Brian expenditure must be capitalized lot. Held, such evidence is admissable on the "defendant and not deducted. For those reasons, there is no opened the door" ratibnale. basis in Greiner's contentions or United States v. Harris, 331 F.2d 185 (4th Cir. 1964). deductions. Defendant was unsuccessful in Judgment affirmed. seeking to introduce proof of his Postscript: Not wishing to past successful record of teaching discourage this energetic and evidence. The trial court found adventurous taxpayer, this Court that such evidence was irrelevant ■ suggests that Greiner may wish to to the issue of defendant's investigate the newly developing negligent teaching in the instant tax shelter field of buying and case. Held, evidence properly selling Mopeds at a loss. For excluded, Cleveland & Buffalo taxpayer's edification, please refer Transit Co. v. Roderick, 10 Ohio to the article in 102Moped Law App. 119, distinguished. Review 1023 (1977). Defendant sought, unsuccessfully, to introduce evidence consisting of a Courier-Express editorial stating United States ex rel. Evidence that he, the defendant, was not Class v. Birzon, 43 N. V.3d 808 guilty of negligence. Held, such (1977). evidence is immaterial to the issue This litigation arose as a of negligence in the instant case. class-action against Morgan, Basic Problems of respondent-defendant Birzon. The Evidence 183 (1961). suit was a professional malpractice As a last ditch effort to avoid claim grounded in negligence. The an unsuccessful verdict, the trial court reached a verdict for defendant sought to introduce a the plaintiff class despite dying declaration made by a objections by defendant Birzon as former client of Birzon's, to the admissibility of certain scheduled for execution on death evidence. row in Georgia. The trial court The United States entered the excluded the dying statement, suit as intervenor in interest, holding it did not fit the representing the authority on the exception to the rule, since while applicability of the Federal Rules the dying declarant was addressing of Evidence. the issue of defendant Birzon's Pivotal to defendant's case was professional malpractice, it was a lengthy demonstration of his malpractice in issue in the present excellent character. The case. Held, such evidence was defendant testified in his own properly excluded. People v. behalf, asserting lack of any prior Becker, 215 N. Y. 126. convictions, as well as the lack of any criminal record generally. Summary: As no reversible Over the objection of the errors occurred at trial, theverdict defendant, plaintiffs introduced for plaintiffs is affirmed. Appeal evidence of defendant's prior dismissed. ****** - mike buskus Elated winner* of the basketball playoffs display sign of victory. I. to r.: Bob URussa, Sherman Kerner, Fran Turner, Wayne Lopkin, Mike McAleer, Bob Giunta. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-04-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/5/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/218f0560aaf0077397506ceda6dcae75.pdf f398a87ed4b1e1247548bb4fbf15f7c7 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 19, Number 11 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 March 22,1979 State University of New York at Buffalo School of Law Faculty Searches For Replacements by Mike Berger Three people have been offered positions on the law school faculty to replace those who have Marlin, Taylor and Donovan talk strategy. Commentary retired or are on leave, according to George Priest, chairman of the Faculty Appointment Committee. Two experienced professors have been offered one year appointments as visiting faculty. Priest declined to release their names because they have not yet accepted the appointments. Roger Ferguson, currently a third year law student at Harvard Law School, has been offered a -'«"« wolffe Baldy Fellowship next year. If Ferguson agrees to join the faculty he will teach a seminar next spring, probably in Corporations Law, Priest said. He will become a full-time faculty school tuition should not be member in 1980. increased. This study by Dean Ferguson, who will be working Headrick was well received in toward a degree in economics, Albany according to would be the only black member Assemblyman Mark Siegel, of the law school faculty. Ferguson is considered "a very Chairman of the State Assembly attractive candidate," Priest said. Higher Education Committee. The work done by Dean "This is the reason we went as far Headrick elucidated the fact that as offering him a position a year the law school has the highest before he enters the market." He resident tuition of any will likely teach corporations law state-supported institution in the and antitrust law, Priest said. "The committee was United States. The study revealed the fact that New York State specifically searching for minority continued on page eight applicants," Priest said. SBA Sends Reps To Albany by Ricky Samuel, Jr. On Tuesday, March 13, 1979, the lay school was aptly represented in Albany. Leslie Wolffe, SBA President, Jay Marlin, Vice-President, Ted Donovan, Treasurer, and Jeff Taylor, Second-year Director and former legislative aide in Albany were our sojourners. They departed Buffalo at 4:00 a.m. well organized and prepared to present to Albany legislators detailed arguments against a tuition hike aimed at the general university but which would ultimately effect the law school. The University Board authorized the trip with the proviso that Wolffe call it off if she determined that members of the delegation were not prepared to present an adequate justification for opposition to the tuition increase. "We didn't want to go down there looking like fools and misrepresent the law school in any way. Our administration (Wolffe-Marlin) had been in office only a few weeks and we wanted to do a good job, we knew this tuition thing would be the first thing we tackled," Marlin said. These able delegates left armed to the hilt with ammunition to bolster our case. They carried with them four impressively detailed studies to present to the political leaders which demonstrated the damaging effect any tuition hike would have on this law school. Sherman Kerner, Third-year Director and Marlin prepared a four page "SBA Impact Statement" which statistically illustrated how a rise in tuition would hurt the law school. Another of these studies included one constructed by Dean Headrick on reasons why UB law Placement To Offer Simulated Interviews To help students develop and their interviewing techniques, the library's audiovisual equipment is now available to record simulated interviews, the Placement Office improve announced. Any student can participate in a simulated interview and then view the recording, either privately or with the interviewer. The unique experience of watching themselves be interviewed should be an excellent method for students to evaluate performance and pinpoint areas in need of improvement, according to Alan Carrel, associate dean for "I wrote 120 letters to black law professors, the Association of Black Law Professors, women's groups and Puerto Rican groups," Priest added. In addition, the Appointment Committee searched law reviews published in the last five years "looking for people in the fields where we have needs," Priest said. In this manner a list of 70 to 80 candidates was compiled. "These people were from law schools where we thought we would be able to recruit or where we heard people were interested," Priest said. In addition, members of the Appointment Committee attended a recruiting convention in Chicago on December 1 for people just entering the law teaching market. The Committee narrowed the 400 resumes submitted to SO and interviewed 30, approximately half of whom were minority group members, according to Priest. The criteria for faculty selection was "excellence in writing and in teaching," Priest said. ' 'We solicited recommendations, read their writings and called their various schools to find out about their teaching." The two experienced - Dean, SBA Criticize Tuition Hike — Buffalo In a joint statement today, Dean Thomas Headrick and Leslie Wolffe, president of the Student Bar Association (SBA), strongly criticized the proposed 10 per cent tuition hike for the law school which would raise resident tuition to $2,200 and non-resident to $3,300, calling it the "result of misinformation and distorted priorities in Albany." The 10 per cent hike which was approved by the Executive Committee of the SUNY Board of Trustees on March 2 will come before the full Board of Trustees in April. Meanwhile, efforts are underway to convince the State Legislature to increase the SUNY budget in order to avoid such a hike. In commenting on the proposed hike for New York's only state-run law school, Headrick said, "It's hard to understand the rationale for this increasefor the law school. We are already the most expensive state law school in the country. Our placement and alumni affairs. Good interviewing techniques, essential for an effective job search, are very difficult to master, Carrel said. He hopes for a targe response to the program. A number of third year students, who have already obtained jobs, have agreed to participate as interviewers. Any student who wants to be interviewed has the option of working with one of these volunteers, chosen randomly, or bringing someone of their own choosing. To schedule a thne,' ability to attract quality students contact Carol Retzer in Room is bound to suffer as a result of this increase. 309. "Across the nation," said Headrick, "the majority of state law school resident tuitions have been under $1,000. Ours has been the only one as high as $2,000." Headrick also noted 38 other state law schoolshave out-of-state tuitions lower than the present in-state tuition here. As an example, the dean pointed to Rutger's Law School in Newark, where approximately 10 per cent of its student body comes from New York. "It costs $300 less for New York students to go to the New Jersey school than for them to go to our own state law school," the dean explained. "It stands to reason," Headrick said, "that highly qualified students from New York are attracted to law schools in other states whose non-resident tuitions are lower than our in-state tuition. We are exporting our best minds, and many do not return. "In a recent study we found that students with the greatest financial need at SUNY/Buffalo law school tend to be the superior students. As a consequence, increases in tuition are likely to cut into the quality of the student body which is one major determinant of the quality of the school," Headrick said. "In addition to the detrimental effects the tuition hike will have on the law school, a 10 per cent price increase exceeds the President's inflation guidelines of 7 per cent," Headrick noted. Wolffe, a first year student, accused budgetmakers in the Chancellor's office with arbitrarily hitting the professional schools with a 10 per cent hike, since there is no proposed tuition hike for the academic graduate schools within the SUNY system. 'The budgetmakers in the Chancellor's office have justified not raising tuition for graduate students on the basis that graduate students have a hard time getting jobs when they get out of school and that their first job income is generally low," Wolffe said. "It may surprise some to know that there are many persons — continued on page eight �Vol. 19, No. 11 Editor-in-Chief Jason Poliner Letters To The Editor Mar. 22,1979 New Library Acquisitions Available Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius and analytical columns written by Washington attorneys. Also clasified job ads. On reserve. were The following materials recently acquired by the library. National Law Journal Another variety N.Y. Bill Jackets containing all weekly paper reviewing a weekly news. Includes a legal to the of the documents presented Governor when a bill is presented index to legal literature, lists of for his signature. One of the best sources of legislative history, the only other complete, set is in Albany. Covers the years 1905, 1921-1974. In A-V Department. To theEditor: - - - Staff: Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marlin, Bob Siegel Contributors: Mike Berger, Rosella Brevetti, Alex Cukan, Michael Rosenthal, Ricky Samuel, Jr. Copyright 1979f, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo 14260. The-views School of Law, SUNYAB Amherst Campus, Buffalo, N.Y.Editorial Board or expressed in this paper are not necessarily those of the Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial reserve. Kathy Carrick Assistant Law Librarian Newhouse Gives Credit To Entire Library - CIS Congressional Indexing Service 1977-1978 Indexes and abstracts all Congressional action, and contains hearings, committee prints and reports. The index to the set is in Documents, the actual documents are in A-V. - - — A Legal Times of Washington weekly review of government activities, highlighting federal agency action. Special features are the text of selected agency regulations and proposed rules, with some applicable opinions, SBA Needs Support recently filed District Court Suits, summaries of pending and proposed Federal Rules and a legal crossword puzzle. On To the Editor: I hope that I will not appear to be unappreciative of the kind remarks which appeared in today's issue of the Opinion (March 8) concerning the Law Library, myself and Mr. Roy when I say that we already have a fine library, and largely through the efforts of our competent and dedicated staff. When I refer to staff I refer not only to the librarians and professionals, but also to our civil service staff who On Tuesday, March 13, the law school was represented in Albany by Student Bar Association (SBA) President Leslie Wolffe, Vice-President Jay Marlin, Treasurer Ted President^ Corner Donovan and Second Year Director Jeff Taylor. Their efforts on our behalf must be applauded. In addition, Third Year Director Sherman Kerner, who agencies which directly affect law together with Marlin, prepared the SBA Impact Statement, students. Dean Headrick, who prepared a similar statement, and At the present time we are involved in revamping the budget financial aid advisor Kathy Drumm, who contributed the guidel Ines, - .to.. make the .most financial aid profile, also deserve commendation. efficient" use of students' activity state With 38 other law schools charging less for fees. out-of-state tuition than we charge for in-state tuition, the This coming .year we hope to problem facing the law school is a serious one. increase student familiarity with There is no guarantee Tuition Assistance Program funds the services and information available through the placement be increased. Therefore it is essential all efforts continue will office. to be directed toward getting the legislature to provide We have formed an SBA by Leslie Wolffe additional money to avoid the tuition hike. committee to work directly with If the hike proves inevitable for the University we must On Tuesday, March 13, the Alan Carrel at the placement take every action to insure the law school is exempt. Such Student Bar Association (SBA) office. The Distinguished Visitor's an increase in revenue could not be realistically justified in delegation to Albany proved that Forum is also being restructured light of its detrimental affect on the law school. An increase effective communication between to provide the law school with a long term-speakers program. It is in tuition for approximately 750 students will not generate a the law school and related outside hoped this will attract quality agencies can bring a positive significant amount of revenue for the state. of interest to the law Many speakers hours of response. long Applications have fallen from 2,713 to 1,620 over five work by SBA Vice-President Jay school community. years and may drop by nearly 15 per cent this year Marlin and 3rd year-director The overall view of this year's Sherman Kerner produced an board is that we are elected according to the Dean's report of February 20, 1979. An increase in tuition would discourage potentially impact study concerning the representatives of the student superior students and likely erode the quality of the student tuition hike and the law school students. Armed with this study, body. This will have a severe negative impact on the level of Marlin, Ted Donovan, Jeff Taylor legal education at this school. and myself went to Albany to The budget is not final until April 1. If you have not present our case to the legislature. We met with key aides and written or called your legislators in Albany do not wait any members of the Finance and longer. The work cannot be accomplished by the sole efforts Education committees in Higher of the SBA members. the Senate and the Assembly. We Staff play such an important role in the operation of the Law Library and to our student assistants. In particular, and without intending to slight anyone by omission, I should single out Kathy Carrick, the Assistant Law Librarian, whose assistance, makes possible thegenerousremarks you directed my way. Professor Wade J. Newhouse Associate Dean and Director of Law Library Tuition increase SBA's First Priority effectiveness body. Our lies in determining how the students feel about issues which most directly affect them. Last year we dealt ynf.h, the .possible .change, ip.fbe grading system, late grades and the faculty appointment process. Some ;of those projects are - adstl&rW«?fivvit? deal the faculty evaluation otigoing.?)n t with criteria, the dean's curriculum proposal and the health insurance issue, among others. Every law student at UB is a member of the SBA. The board has been elected to work for you. Let us know what issues and problems at the law school you are concerned about. There is a suggestion box in the mailroom, and the SBA office is always open. Feel free to drop in and talk to us. Our nucleus is strong, but we need the support of our membership at large. also left an information packet with legislators we were unable to meet. The packet contained our impact study, the Dean's study and a financial aid profile of UB law students. Our assessment of the situation is one of cautious optimism. The members of the Senate and the Assembly were highly responsive will holding elections for all positions on the 1 to the situation and pledged to Wditorial board. All students are eligible to run for any L consider the ramifications of a Parking ticket did not deter successful SBA mission. Tposition. Current staff members are encouraged to J tuition hike. If they cannot avert the tuition hike completely, they Vattend this meeting and cast their votes. expect to convince the Trustees to exempt the law school. Apology: be held Elections will V In Response. Once again the SBA has made Opinion I Tuesday, April 3 at 5 p.m. would like to apologize the students' concerns known. to Room 623, O'Brien Hall. Vlnce Phillips, candidate for Dear Frustrated: This year the board is committed We are unable to print letters to second year director, whose to maintaining a high level of editor unless they are signed by the picture was omitted from tffe effective communication between February the author. Names will be withheld 22 Issue. The omission the student body, the was unintentional. upon request. administration and outside S ELECTIONS \ #Jopinion V I L J r Opinion 2 March 22,1979 .. �BLP Applications Increase; Forcing Selection Criteria by Carol Gardner The Buffalo Legislation Project (BLP), is the student organization that provides local legislators with legal research and analysis, as well as drafts of proposed legislation without cost and on a non-partisan basis. Procedures for becoming a member of BLP are in the process of changing, according to second-year law student, Ken Patricia, one of BLP's managing editors. In past years, applications for membership to BLP were fewer than those received in 1978. (In the fall of 1978, 100 persons applied for membership and SO were accepted.) Up until then, anyone who applied generally was accepted into the organization. "Before this year, there was no need to establish selection criteria," said Patricia. The BLP editors decided to change the membership procedure in order to prevent the organization from growing too large and therefore, too unmanageable. BLP hopes to have sixty members in any given semester, Patricia said. Twenty students would be admitted each fall and spring term. Both Patricia and Stu Haimowitz (Director of BLP), regret the fact the organization probably be asked to draw up or may not be able to accept all amend one statute. We'll be interested students as members. looking to see whether the Part of its need to accept fewer student can spot the issues persons stems from the number of inherent in drafting legislation projects available. Patricia the policy considerations, the explained that many projects clarity of the language, the submitted by sponsors turn out to organization, the conciseness," be unsuitable. "Some are less Patricia said. interesting, some are too broad, A possibility exists there will some may not involve legal be yet a third requirement an research." Haimowitz said the interview. Patricia says this need for stability in the number requirement is still tentative. He of students in BLP each semester called the value of an interview comes from the group's desire to "nebulous." He said some editors be able to guarantee sponsors who and members of BLP think an have used BLP's services in the interviewing component would past, that their future projects will leave BLP open to charges of receive the same attention. unfairness. He did say the editors The new procedures will still were trying to find a way to require any interested first-year better measure the real student to submit a two-page motivations of those persons statement of interest. "The applying. "We think the most statement should tell us why they interested students will turn out want to be in BLP, and about any the best projects. They'll not only experience with legislatures or think of it as a way to get three legislation they may have had," credits, but as a way of getting said Patricia. valuable experience with A second requirement will be legislation," said Patricia. successful completion of a A formal description of the research project. The project membership procedures can be actually requires no independent picked up on Wednesday, April research by the student. The 4th. The projects will have to be project packet will come with returned to BLP by Wednesday, statutes and a law review article April 18th. Patricia says, attached. "The student will "Although the project doesn't require two weeks of work, we wanted to give them an opportunity to do it over spring break." All students who apply will be contacted over the summer regarding the status of their application. — — Bitch Tickets Bitch Tickets Bitch Tickets No. 67 The Complaint: Why can't they change the locks on the "Toilet Rooms" so it registers "occupied" when the room is being used. It is quite disturbing to be sitting there when people constantly try to get in. The Response: We have long admired the "occupied" signs on airplanes and trains. Unfortunately, the present doors cannot be revised to include such locks. We considered using appropriate signs but fear they could be too easily misused. No. 68 The Complaint:May I suggest that you acquire the Code of the Village of Kenmore, and also the N.Y.S. Board of Election & Comptroller opinions? Also, the opinions of the (N.Y.) State Board of Equalization and Assessment. The Response: We will definitely try to obtain a copy of Kenmore's Code. The opinions for the Board of Election and Comptroller's opinions and the Board of Equalization and Assessment are both in our documents department. No. 69 The Complaint: Why is it thatthe library can't have on file the New York Times and Wall Street Journal the day they come out and not 4-5 days late? If I want to look at the Times, it's a week old! The Response: We get one daily copy of the New York Times from the bookstore and another through the mail. The most current can be found on the newspaper rack on the main stair landing. The bookstore will not accept subscriptions for the Wall Street journal, but we do get one copy through the mail. Often the university mail service is slower than your usual delivery. The most recent copy of the Wall Street Journal is also on the newspaper rack. We are purchasing new racks that will help to organize the papers. No. 70 The Complaint: It appears that the federal Shepards are in much better order and condition than the New York Shepards. I don't know why, but would it have something to do with their placement in the library? Would you consider shelving all Shepards together? Conference Topic Is Prison Construction On Tuesday, April 3, the Buffalo PrisonTask Force and the Distinguished Visitor's Forum in conjunction with Urban Studies College will sponsor a conference on the Moratorium on Prison Construction. The conference will focus on the controversial "Olympic Prison". The Federal Government is constructing athletic facilities for the 1980 Winter Olympics at Lake Placid with plans to then convert the facility into a federal prison after the games. Speakers from STOP (Stop the Toxic Wastes Subject by Alex Cukan Congressman John J. LaFalce, sponsor of the Toxic Torts Act and other toxic waste legislation, will be one of the speakers at a series of forums dealing with the Love Canal. The discussions will be held on the Amherst Campus, Waldman Theatre, Norton Hall at 7:30 p.m. on March 22, 28 and 29. More than twenty speakers will participate including State Senator John Daly, Homeowners' Representative Lois Gibbs, Attorney Dick Lippes, Roswell Park researcher Dr. Beverly Pargen, reporters from the Buffalo Evening News and Co v r I c r Ex press and - Olympic Prison) will speak on national and statewide efforts to stop this proposed conversion. There will also be workshops on the prison abolitionist position the need for a nationa' moratorium on prisot construction, alternatives t< incarceration presented by the Monroe Alternatives Project (MAP), and efforts by local counties to halt construction of new jails. Identical workshops will be held from 2-5 p.m. and 7-10 p.m. in the Moot Court Room. Of Forum representatives from the Department of Environmental Conservation, the Department of Transportation, the Environmental Protection Agency and State Love Canal Task Force. The first forum, chaired by Dr. Lester Milbrath of the Environmental Studies Center will present the history and setting of the Love Canal problem. The second forum will explore health and property costs. It will be chaired by Dr. Charles H.V. Ebert, professor of geography. The issue of the responsibility for and location of other unknown toxic bombs will be dealt with in the third forum chaired by sociology professor, Dr. Adeline Levine. The final forum will be chaired by Dr. Peter Gold of Rachel Carson College. It will focus on the emerging toxic disposal policies. At the conclusion, there will be a roundtable discussion summarizing theseries. - Love Canal Lessons for a series of public Society forums on Learning from Tragedy is being sponsored by the Environmental Studies Center, the Love Canal Homeowners' Association, Rachel Carson College, College of Urban Studies, New York Public Interest Research Group, Commuter Council, Student Association (SA) Speakers Bureau, SA Student Affairs, SA Academic Affairs, the League of Women Voters, Clifford Furnas College and College H. — SBA Undertakes Letter Writing Effort by Rosella Brevetti The proposed ten per cent The Response: Your complaint brought up some discussion about tuition hike was the number one the most convenient placement priority at the March 7 Student for Shepards. All the federal Bar Association (SBA) meeting. The SBA resolved to launch a Shepards are presently under the main stairway and the states are at three day, blitzkrieg letter writing the end of the appropriate state, and phone calling campaign to so when you look up a state case Albany legislators to voice you can also Shepardize. We opposition to the proposed considered placing them all increase in tuition. The campaign together, but cannot at this time, took place during the week of March 12. think of an appropriate area. The New York Legislature is The New York Shephards are messy because of their high use in still debating the issue of how an awkward space! We are putting much money to allocate to in a stack shelf to help you use SUNY. If funds for SUNY are increased, the tuition hike will be the books. unnecessary. Some board members expressed ambivalent feelings toward the proposed campaign but the majority voted in favor. One of the concerns aired was that a rise in tuition will result in fewer applicants, making Buffalo, already one of the most expensive publicly funded law schools in the nation, a less competitive school. In order to encourage students to write to their legislators in Albany, the SBA decided to set up a table equipped with a typewriter, stationary, stamps and a model letter outside the law library. It was also decided a toll free line would be made available in the SBA office from which members of the student body could call members of the Legislature. As the coup de grace, the SBA voted to send a five person delegation to Albany on March 13 to confer with members of the Legislature on why the law school should not be subjected to the tuition hike. It was decided that the student delegation would consist of SBA president Leslie Wolffe, vice-president jay Martin, 2nd year director Jeff Taylor, Secretary J. Ted Donovan and Steven Schwartz, former president of the Student Association at ÜB. Maidi 22,1979 Opinion 3 �Maternity, Moot Court; All In A Week's Work by Michael Buskus Third year law student JoAnn Gould recently had her second baby. This time, however, the child eight-pound, eleven-ounce Ryan Gould arrived during the middle of the school year. Daughter Rachel, now nearly three, was born at the time of JoAnn and her husband Steve's undergraduate graduations in Spring of 1976. That timing allowed JoAnn to spend the summer with Rachel before entering law school in the fall of 1976. Naturally, JoAnn took some time off from classes to have her baby. She spent a week in the hospital having this child, as she did her first, by Caesarean section. JoAnn brought work with her to the hsopital, however. As a senior moot court board member, JoAnn is representing Buffalo in the 1979 Albert R. Mugel Tax Competition. She is working on this moot court competition along with Ann Bermingham (also a mother of three children) and Peter Durant, both second year itudents. Her hospital routine was — — loaded down with some taxing reading. The Internal Revenue Code, Revenue Rulings and copies of tax cases substituted for watching hours of television. Actual writing and editing of the brief took place in JoAnn's apartment in the two weeks immediately after Ryan's birth. Family and moot court have not been the only demands on JoAnn's time. Her classes include New York Practice, Small Business Counseling and Clinic. Clinic has been particularly time-consuming because JoAnn's caseload includes some appeals work with transcripts numbering in the hundreds of pages. JoAnn has also been occupied coordinating sales for the Marino/BRC bar review course. After learning last August that she was pregnant, Steve and JoAnn decided to move out of their soon-to-be outgrown two bedroom apartment. That move resulted in more work than they bargained for. As part of their lease arrangement with their new landlord, they agreed to repair and rehabilitate the sagging half of their new duplex apartment. Major repairs by Steve and JoAnn included fixing plumbing and electrical defects. Removing rotting wallpaper, painting, plastering and carpeting, rounded out the renovation project. Steve, who has an anthropology background, is presently studying for an engineering degree. In his spare time Steve pursues his woodworking hobby. Steve has crafted elaborate wooden cabinets and cannonball beds. When he had more time he sold some of his work. Now he creates pieces of furniture for his own apartment or perhaps for relatives of the — family. Steve and JoAnn manage to coordinate their school schedules so that one of them is always home with the children. While this alleviates the need for babysitters, it also puts some constraints on their free time. JoAnn and Steve both study at home since they share responsibility for caring for the children. The dining room tablealternates as a study desk for engineering and law books, depending on who is home. Daughter Rachel, who attended a Montessori school last year, is anxious to attend those classes again this summer while JoAnn Gould and her new son Ryan. her mother studies for the bar exam. Rachel seems -to relish the steady attention she gets from her parents. This has lessened, of course, with competition from newly arrived brother Ryan. Rachel recently urged her father to hurry and put up the new play gym set in the backyard. Snowclouds obscured the promised sunlight, causing Steve to delay installation of the swingset. ~m'fce *««*«« The possibility of taking a picture scared camera-shy Rachel into running into another room until her mother coaxed her to return. Little brother Ryan winked without paying much attention. Meanwhile, a friendly Irish Setter lounged comfortably on the sofa near the window after greeting this reporter with an initially skeptical bark. JoAnn returned to one last re-write of the Moot Court tax brief.. . Team 4: Bob Giunta, Bob Laßussa, Fran Turner, Sherman Kerner, Mike McAleer, and Wayne Lopkin Team 11(standing I. to r.): Paul Suozzi, Tom Bender, Kneeling I. to r.: Tim Schulz, Bill Brooks. Jason Poliner. PBASKETLYOFS Jason Poliner showing the form which carried Team 11 to their second upset victory over defending champion Team 1 (John Gilbert, Stu Markowitz, Jim Kelly, and Bill Fanciullo), qualifying them for the finals against Team 4. Bill Brooks gave an outstanding performance on both offense and defense, pacing his team to the 30-27 victory. Not to be overlooked was the hot-handed outside shooting of Tim Schutz and Tom Bender's tough defense against the always formidable Gilbert. Don't miss the championship 4 Opinion March 22, 1979 All photos by mike buskus Close encounters of this kind typified the play as Team 4 registered a 30-21 victory over Team 7*, to advance to the finals against Team 11. Team 4 was able to overcome a halftime deficit and go on to win against the finesse-minded Team-7. Corletta, Bill Higgins, Mark Rosenbaum, Herbert Roisman, Tim Costello. and Vince Phillin« \ game on Thursday, March 29, 6:30 In the Bubble I �And Now A Message From Our Sponsor. by Bob Siegel And now a message from our sponsor... "New, improved, better, no money down, double your money back, 12 out of 57 agree.. ." This exemplifies typical boob-tube advertising. It appeals to the feeble-minded who were raised on the principles of "me-tooism" and "keeping up with the Jones's." Advertising is what makes the world go round. Politicians jumped on the bandwagon a couple of years ago (i.e. Gerald Rafshoon and company) and now it's time for the legal profession to follow suit. Will this degrade the "profession"? Will the "tidy bowl man" discuss available services in between strokes? Or will legal advertising try to avoid such a low plateau and present a serious message? Maybe something a la H. and R. Block? "Hi. I'm a senior partner in Duck, Muck, and Schmuck and I can tell you 46 ways to bring suit and still avoid bankruptcy. And if we make a mistake and you do go bankrupt, we'll stay with you on appeal!" But maybe the mysterious approach would be more fitting since no one really knows exactly what it is that an attorney does. "This lady is being sought by the IRS, the CIA, the PTA and a distraught husband who wants alimony. She's just been fired and has lost her house by adverse .. possession. Why is she smiling? Only her attorney knows for sure!" While we can speculate on the form legal advertising may take, let us now look at a couple of concrete examples: 1) First, I'm sure we'll be shown the "balancing act". The announcer will be standing next to a 20 foot high "scale of justice". He'll show you how lopsided your life is by putting on the "cost" side rent, college tuition, mortgage, insurance, etc. "But don't despair," he adds as the derrick gently lowers "the privilege of an attorney" onto the "benefit" side. Miraculously, the "scale" balances. So, because of "low-cost, installment plan with green stamps" lawyering, you can now afford a hassle-free existence. Believable? Not a chance. It is "justice that's blind," not the consumer. 2) Next we have the "specialist" advertisement. "Are you a husinessperson who is constantly on the go? Do you listen to that rent-a-car commercial and "run through airports"? If so, this is your lucky day! If while running through the airport you trip over someone's foot, suitcase, dog, pothole, small child, or any other conceivable obstacle, we'll be there to represent you. Call us at our toll-free number. We have operators standing by. We have representatives at all of^the major airports. For only $100 a year, we'll give you up to four free telephone consultations and brief you on whether you have a "cause of action" and your chances of success. We'll sue anyone: your employer who made you run, the airport for permitting the obstacle to exist, even the innocent bystander who you accidentally kicked in the teeth while hurdling a garbage can to make your flight. So feel safe and secure on the ground as well as in the air. Don't delay, write your check today." 3) Some law firms will probably get into the quick, 10 second spot, one-liners. "Ben Franklin knew his stuff when he said, 'A penny saved is a penny earned.' Choose us and save a bundle," or "When Stand, Stop, and Look talks, juries listen." (Who said lawyers had originality?) 4) And don't forget the Saturday Night Live-Rock Concert legal ads. "Heyyyy Que pasa? Ya need-ah quickie divorce, we got it, you need-ah quickie marriage, we got it, you need-ah quickie ..", or "Hi! I'm just a wild and crazy guy and you can be wild and crazy too if you let me give you some advice ..", or "if you want beagle services, I know of an excellent kennel with 'No, terrific stud potential and Emily Latella, I said legal, not beagle, LEGAL! "Oh Jane, so sorry, never mind!" So call us . . .... . today for our rare brand of confusion and double talk and double talk and confusion and confusion and ..." Exactly what form legal advertising will take, no one knows for sure. While it may degrade the profession, it is also possible it will be of high quality and will open up an array of legal services to the middle-class, as of yet an untapped market. All we can hope for is the advertisements will be somewhat sensible and realistic. If, when you turn on the "tube", you don't see a big "A" for Super Attorney or hear a firm will "wash your troubles down the drain," feel relieved and very, very lucky. L IST79 frdiminarn iMulttatate Sat Examination Seminar 3feui flork Sates and Homtiona JUNE 22, 23, 24 in BUFFALO at Sheraton Inn-Buffalo East, JULY 6, 7, 8 JULY 16, 17, 18 2040 Walden Aye. in NEW YORK CITY at the Statler Hilton, 7th & 33rd Street in HEMPSTEAD, LI., Holiday Inn, 800 Clinton Street. —PMBE's THE BEST WHYwho attended HERE'S Percentage of > ... our June/July 1978 Preliminary Multistate Bar Examination Seminars, successfully passing their respective State bar examinations*: Ohio: 85% Kentucky: 82% Alabama: 88% Oklahoma: 100% Maryland: 80% Arkansas: 92% Oregon: 94% Massachusetts: 85% California- 82% 100% Pennsylvania: 86% Michigan: Colorado-88% Tennessee: 88% Mississippi: 94% Connecticut: 90% Texas: 95% Missouri: 92% Delaware: 72% Virginia: 88% 86% Nevada: District of Columbia: 88% Wisconsin: 100% 71% New Jersey: Florida- 80% Wyoming: 83% Mexico: 100% New Georgia: 78% North Carolina: 100% Illinois: 86% students, . respective state bar exam results to Multistate Legal Studies, Inc. * Statistics are based on all students releasing their Enrollment Fee: $125, payable to Multistate Legal Studies, Inc., 743 Spruce Street, Philadelphia, PA., 19106, (215) 925-4109. March 22,1979 Opinion 5 �Culinary Counsel Take One From Column A, Two From Column B the oil in it, very hot, and to cook things quickly. This is generally done by heating the wokfirst on a high flame until you can see the heat rise from it. Then add peanut oil and let it heat until it starts to smoke a little. It is also necessary to have all the ingredients cut and ready to cook before you start stir frying. All the recipes below are delicious and easy to prepare. The by Paul Suozzi ingredients for the soup may be a Chinese cuisine has always little hard to come by, but health been one of my favorites, though food stores and food co-ops my only exposure to it as I was usually carry bean curd. growing up was in local restaurants. It was always Marinated Chicken/ something we went out for, never from Michael Suozzi something we ate at home (unless) Vh lbs. boneless chicken we bought it to take out in those breasts cute paper containers). Perhaps 2 tablespoons cornstarch there was something mystical Vi teaspoon brown sugar about the oriental style of V4teaspoon salt cooking, at least as viewed by an 3 tablespoons soy sauce Italian-American household. 1 tablespoon wine vinegar Well, that no longer is true. I'm 2 tablespoons dry sherry happy to say my family has 4 to 5 scallions, cut up discovered the ease and joy 1 clove garlic, minced associated with preparing Chinese 1 teaspoon minced ginger root food at home. The food itself is Cut the chicken into bite-sized not much different from the Combine the cornstarch, pieces. things we have always eaten; it is salt, then dredge (coat and sugar different way. just prepared in a chicken in the mixture. the well) The recipes set out below are a chicken pieces in a Put the coated you of the smattering many things add the soy sauce, bowl and could try. The non-soup recipes are all prepared in a wok, using vinegar and sherry. Marinate at the stir fry method. The basic idea least 15 minutes. In a wok or tablespoons is to have first the wok, and then heavy dry pan, heat 3 oil until a haze forms in the oil. Add the scallions, garlic and ginger root and stir fry about 2 minutes. Add the chicken and stir fry until the chicken is no longer pink. Add a tablespoon of water and cook another 3-4 minutes. Serve with rice. Prepare ahead: Hot and Sour Soup/ from Marianne Suozzi 4 dried Chinese mushrooms 2 squares tofu (bean curd), about 3 inches each Vi cup canned bamboo shoots % Ib. boneless pork 1 quart chicken stock 1 teaspoon salt 1 tablespoon soy sauce V* teaspoon white pepper Record Rack New Releases Front Old Friendsto Hard Times For Lovers Collins by Michael Rosenthal George Harrison /Harrison — George — Judy For her fortieth birthday, Judy Collins bares her body. Although not that much is shown it's enough to draw attention to the album. I hope it will attract people who don't normally buy Collins' albums because this album is worth it. No, it doesn'treach the heights of her superb Judith album. However, it pulls her far out of the doldrums and self-indulgence of Breadand Roses. There are several songs which jump out at you, especially after repeated listenings. The two songs by Hugh Prestwood are excellent vehicles for her voice. They feature excellent lyrics and flowing melodies. The title song was debuted recently on Saturday Night Live. It focuses on the dearth of divorces and separations in today's society. The other, "Dorothy," picks up Dorothy's story 40 years after she returned to Kansas from Oz. Other standouts on the album include "Where Or When," done in a style similar to the chestnuts on Judith, "Happy Endings", which has a nice jaunty rhythm, and "Theme From 'The Promise' (Through The Eyes of Love)". This is definitely one of Collins' best albums. Lately Harrison has taken more and more time between his albums. 33-1/3 came after an almost two year gap and it's been more than 254 years between that album and his current, self-titled album. The sabbaticals serve him well. Missing are the tired, similar-sounding preachy songs. In their place are light, breezy, and memorable pop songs. George Harrison is an album full of memorable tunes. The two real standouts are "Blow Away" and "Love Comes To Everyone". The former cut mixes a down-beat almost pessimistic verse with an uptempo incessantly cheery chorus. By the end of the third chorus it is almost impossible not to join in. "Blow Away" is the current single and it stands a good chance for a lot of Top 40 airplay this spring. Even stronger though is "Love Comes To Everyone" which features a guitar solo by Eric Clapton superior to anything on his recent albums. The song almost has a disco feel, though not enough to alienate those who felt betrayed by the recent successes of Rod Stewart and The Rolling Stones. The song is —smooth and almost sounds like it Three Hearts Bob Welch could have been a This album will not make any Harrison/McCartney new fans for Welch. It is collaboration. This album contains more completely derivitive of his days potential singles and less filler with Fleetwood Mac and his last album. This is not to say the than any Harrisonalbum ever. - 6 Opinion Much 22, 1979 fry the mushrooms about 1 2 tablespoons white vinegar 2 tablespoons comstarch, minute and remove. Add more oil if necessary, then mixed with 3 tablespoons cold stir fry the meat until not pink a water handful at a time, pushing the 1 egg lightly beaten pieces that are done up the sides 2 teaspoons sesame seed oil 1 scallion, finely chopped of the wok. When the meat is done, replace the vegetables and (including green top) mix with the meat. Lower the In a small bowl, cover the mushrooms with Vi cup warm water and soak Vi hour. Discard the water. With a cleaver or knife, cut away the tough stems and slice the tops very fine. Drain the bamboo shoots and bean curd and rinse in cold water. Then cut fine, making long strips. Do the same with the pork, after removing the fat. Have all the above ingredients within easy reach. Combine in a 3 (fuart saucepan, everything but the tofu, pepper, vinegar and egg. Bring the contents of the saucepan to a boil, then reduce the heat and simmer about 3-4 minutes. Add the tofu, pepper and vinegar and bring to a boil again. Recombine the cornstarch and water mixture (mix itup again), and pour it into the soup, stirring until it thickens. Slowly pour in the egg, stirring gently all the time. The soup is ready when the egg is cooked. (If the soup is not hot enough for your taste, try adding hot cherry have album is bad. It happens several good songs. However, Welch will have to grow if he intends to maintain a career which last year hit a peak. The songs that hit on first listening are "Precious Love," "Three Hearts" and "Oh Jenny". All three, however, are along the lines of "Ebony Eyes" in spirit and execution. Repeated listening also brings attention to "Ghost Of Flight 401" and "Devil Wind," peppers.) both of which sound like Fleetwood Mac, circa 1973. The Beef and Broccoli/ only other cuts worth mentioning from Marianne Suozzi are the remakes of the Beatles' "I Saw Her Standing There" and the Marinade: Fleetwood's (not Fleetwood 2 tablespoons soy sauce Mac!) "Come Softly To Me." 2 tablespoons teriyaki sauce Both are fun to hear and are well 2 cloves garlic, minced executed, but add nothing to the 1 /3 cup oil originals. Three Hearts is a good 2 teaspoons ginger root, album, but with Welch's back-up minced and background, it could have ground pepper, to taste been a great one. Vh lbs. flank steak, sliced on; the diagonal, very thin Living Inside Your Love George Benson Combine the above ingredients There is not much to say about and marinate the steak overnight, this album. It is about as perfect or at least a couple ofhours. an album as has ever been made in the jazz crossover vein. Benson's 1 bunch broccoli, cleaned and washed with stems split guitar, singing and scatting are all 1 can water chestnuts, drained first rate. The mixture of vocals and sliced and instrumental works better than it ever has before. The choice Va Ib. sliced mushrooms of songs suits his abilities to a tee. Several familiar songs, especially Prepare ahead: Carole King's "Hey Girl," L.T.D.'s 1 beef bouillion cube, dissolved "Love Ballad" and the old in V* cup water with 2 Righteous Brothers/AI Hibbler tablespoons cornstarch standard "Unchained Melody" In a wok or heavy skillet, stir come across in new and refreshing ways and deserve to be hits all fry the broccoli in 3 tablespoons over again. Only one word will oil until crisp. Remove from wok. communicate in full, what this Add more oil if needed, then stir album requires from you fry the water chestnuts about 2-3 "Buy!" minutes, then remove. Then stir - - heat to medium. Recombine the bouillion and cornstarch and pour into the wok. Stir until everything is heated through. Serve over rice. Stir Fried Squid/ from Michael Brill This recipe is not only delicious, it is also inexpensive as squid costs about $1 to $2 per pound (depending on whether or not it is cleaned) and there is very little waste. To serve two people you will need: 11b. squid 2 tablespoons peanut oil fresh ginger, about the size of a ' walnut 4-5 scallions, chopped into 1 inch pieces 1 tablespoon soy sauce 1 healthy tablespoon sherry 1 tablespoon cornstarch 1 tablespoon water First clean the squid by using a knife to rub off the dark-spotted skin, leaving it white underneath. Slit it down the middle and remove the insides, including the transparent backbone, which looks and feels like a piece of plastic. Next, remove the mouth which is in the center at the base of the tentacles. Cut the squid into 1 inch pieces. Using a wok or heavy skillet, heat the wok over a high flame until you see the heat rise. Add the oil until it starts to smoke a little. Take the ginger and smash it with something so it breaks open. Throw the ginger into the hot oil for about 40 seconds, then remove and discard. Throw in the scallions and stir fry 30 seconds. Add the squid and stir fry no more than 154 minutes, until it turns milky white, stirring vigorously all the time. Don't let it get hard. Add the soy sauce and sherry and stir 10 seconds. Add the combined cornstarch and water and stir another minute. Add a hit of hot sauce if you like. Serve over rice. Editor's Note: Culinary Counsel's next column will be dedicated to the feasts of Passover and Easter. Please share your favorite traditional recipes with those of otherethnic backgrounds. �Short Relief Overexposure Tiring Fans to devote four or more pages to excerpts from a book by Carolyn Rose telling us that Pete eats corn chips in bed and that when he finishes the corn chips he puts other snacks into the same bag so she thinks he is still eating corn chips? Such behavior might well be of interest to Pete's psychoanalyst as evidence of some by Maria Colavito Few words can strike terror into the heart of a press agent or promoter like the word ''overexposure''. The phenomenon, with its political cousin euphemistically referred to as "peaking too soon," has done in many a would-be star. After all, when was the last time you bought Farrah Fawcett shampoo anywhere or saw a Mark Spitz lunchbox for sale at Wool worth's? In sports, where every game or event is an endless combination of rules, strategies, heroes, goats you name it you would think there would always be plenty of legitimate news to keep the workingmen of the press in business. But, maybe as a result of the fact that many stars throughout the world of sports are now being paid like Las Vegas - - long-felt junk food guilt complex but many people would agree that Pete Rose has already exposed himself to one or two people too many (I know that was hitting" below the belt but I couldn't resist.). Anyway, what does all this have to do with the way Pete Rose plays baseball? Still, the main problem with overexposure is that it brings out the worst in everyone involved. The success-starved (or maybe just plain starved) newsperson will, a la Rona Barrett, create news out of sheer nothingness, informing you that your favorite football player wears pantyhose under his uniform (leaving the reason why up to the fertile imagination of the American public). The ballplayer, understandably miffed at being used to further the career of the budding Walter Winchell, becomes uncommunicative with the press, providing its more sleazy members with the perfect opportunity to remind the public that they knew the guy was an headliners, many newspersons overpaid bore all along, and not insist on treating sportsnews in much the same way that has allowed Hollywood gossip columnists to keep the newsmills of the entertainment industry happy. The resulting "sportsjunk" is enough to try the patience of even the most curious sports fan. Baseball especially lends itself to minutiae millions of hungry fans out there keep real and mental statistics on the most seemingly insignificant aspects of the game. Of course, these figures might seem insignificant to others but important to the fan because remembering a strike out or even the pitch thrown on the last at bat of their favorite ballplayer will remind them of bigger and more important things. But even for the more pedestrian fan, a one hundred sixty-two game season really lends itself to endless possibilities for brilliant plays and booted balls, home runs and clutch strike-outs, not to mention injuries, managers getting thrown out of games (and jobs), bean-ball only that, but he's also been losing it on the field. Meanwhile, the public tires of all of this and becomes hostile. Either it learns to resent the press or the players. Every once in a while it can learn to resent a whole team. Or, depending on its mood at the time, be totally amused by their antics. The Oakland A's were the unwary recipients of America's battling sweetheart award back in their prime when it was made to appear that no matter how hard the team was fighting off field, it played like a well oiled machine once on the field. The press milked the contradiction to death how can a team that fights so much in the locker room play so well when they get out there between the foul lines? After all, here was one pitcher whose wife had been insulted by a fellow teammate. The writers who exposed such information and later'expressed surprise when the same pitcher came in and wrapped up a relief wars and the other more subtle win foe the starting pitcher who nuances of the game. had cast doubts on the wife" Why does Sporting News have virtue, clearly expected th> — reliever to come in andlhitafew batters, refuse to cover first on the bunt down the first base line, or perhaps swallow the ball on a bouncer back to the box (I think Bill Lee did that once just to see how. it would taste.), as a way of expressing his disgust (or to just plain get back at the guy). Amazingly enough, most ballplayers are professionals and have kept their personal problems off the field. I don't know why newspeople can't do the same. Then I won't have to suffer through another long season of complaints that the Yankees are like a soap opera (The Yankees probably battle less than Oakland did yet the public tends to have a much more negative attitude toward the Yanks. I've decided that it has something to do with not having Richard Nixon to kick around anymore.), or find out that Steve Garvey and Don Sutton are still fighting, or suffer through one more World Series where I am forced to listen to Curt Gowdy say, "And there is pretty little Cindy Garvey, rooting for her husband, and you can really se the pressure on her face." Wha most fans really want to see is what is happening on the field. Meanwhile some of you might think that I have avoided spring training because the Yankees are 0-7 so far and have suffered through one stretch of some twenty-plus scoreless innings. Well you are wrong. Actually, based on a personal survey I have become very superstitious about spring training. It seems that in years past whenever-: we win big in the grapefruit leagues the team falls apart during the first few weeks of the regular season and vice versa. So I don't worry at all When we lose. Just makes it a little easier for the manager and coaches to weed out the minor leaguers who still need some work. Actually there is some good news coming out of the Yankees spring camp. Catfish Hunter's arm seems to be in good shape and I and many other fans would be happy to see Catfish finish out his career with a good season. Luis Tiant is pitching fairly well (for a guy his age) but I heard some news that he has had to change his something about pitching style not wanting to turn his back on a field full of men in pin stripes for which only goes to too long prove that you have to be careful about what you say or allow your teammates to say when you play in the big leagues, especially to newsmen. . — Can't keep a good man down. Meadowlark Suozzi tosses one in under the unsuspecting eyes of GeorgePriest and Gerry Seipp. Faculty Stars Downed In Court Appearance by John Gruber A^team of third-year students defeated a law school faculty team In basketball by the score of 30-27 (one point for each basket). The outside shooting of the student team proved to be more accurate than the strong inside game of the faculty. The more Phil Halpern and George Priest of the faculty threw their weight around, the more shots the student team threw up from the outside. Much of the student scoring was done by Stu Markowitz as he had the correct zip code on several shots telegraphed in from long distance. But, not to be outdone, when Markowitz didn't have the ball, Downtown Bill Brooks also proved to be accurate while seemingly shooting from the corner of Maple and Millersport. The students built a first half lead largely on the fast break. But shortly after the second half began Lee Albert sat on the ball (literally) and wouldn't give it up until the fast break was outlawed ■, for the rest of the game. Thus, with the luxury of walking the ball down thefloor the faculty set up their domination of the backboards and came within one point of the students late in the game. But this was the night the shots would fall for the students. While moving away from the basket Jason Poliner scored as he flipped the ball over his shoulder without looking. Paul Suozzi,"-swished one through while lying flat on his back. Other noteworthy efforts include the ball-handling ofAlbert which will not soon be forgotten and the hustleof Gerry Seipp who converted many loose balls into scores for the faculty team. Seipp was a latecomer to the faculty team having at one time declared he would not play in this game. Apparently he settled his contract differences with his coach Allan Canfield. Rumor has it those bright green shorts Seipp was wearing were part of the contract settlement. After all the pre-game talk, Markowitz, Gilbert, Poliner and Gruberask, where was Lacher? - Faculty team huddles at halftime.l. to r.: Allan Canfield, Lee Albert, Nils Olsen, Bob Berger, George Priest, Gerry Seipp, Phil Halpern. jjn. Much 22,1979 Opinion 7 �AllenWon't Return Priest Takes Leave - continued from page one individuals who received positions had "very high recommendations as teachers," he added. The two visiting faculty will teach Torts and general commercial law courses, Priest said. Leaves of Absence and Sabbaticals Six faculty members are presently planning to go on sabbatical or take leaves of absence next year, according to Dean Thomas Headrick. Thorne McCarty and Lou Swartz will take one year sabbaticals. Priest, a nontenured faculty member will take a full year leave of absence. James •"'' Atleson will take a half year sabbatical. The leaves of Janet Lindgren and John Schlegel are contingent on their receiving tenure later this "However given the financial situation of the University I am not pressing for them at this time." Headrick noted if "we find candidates whose qualification! are outstanding" and they are ir the position to accept offers he "would push the administration to honor their commitment." Ron Allen, formerly a criminal law professor here and currently a visiting professor at the University of lowa Law School, has accepted a full time position at that school, according to Headrick. Because Nils Olsen will resume teaching and Philip Halpern will continue teaching Criminal Law SBA reps assume stately pose on State House steps. next year the Appointment Committee feels Allen's departure will not create a void in criminal law. • Priest will be a visiting continued from page one assurances from higher-ups in professor at UCLA next year. He residents are leaving the state to year. Albany that there would, in fact, Part time appointments to fill will teach commercial law and a secure their legal education as a be no increase in tuition. the vacancies of faculty on leave seminar on the theory of common result of increasingly rising costs. Assembly majority leader Dan The Dean's study concluded that Walsh stated, "The leadership in will not be made until May or law, he said. "I plan on returning in an increase in resident tuition the assembly has conferred on this June, according to Priest. "We have a commitment from 1980-81," Priest said, adding that would deprive potentially superior subject and decided there will be the university administration for he likes it here. However, he law students, who cannot leave no hike; and even if there was an two additional full time noted there is a chance he would the state, of an opportunity to increase for the general university positions," Headrick said. stay at UCLA. enter the legal profession. As a community we would find a way result, the quality of the law to immunize the law school." school and the legal profession of Marlin is, however, somewhat the state would be lowered. wary: "Anytime you're dealing In addition to these studies a with any political situation no financial aid profile of the law issue is decided until the final vote school was contributed by Kathy is tallied. Sure, the Senate leaders Drumm, student financial aid and others in Albany promised advisor. The study demonstrated there would be no tuition increase Sunday, March 25, 1 that 485 of 760 law students to be translated into a final (63.7%) here have either an NDSL but masque, Bardic circle, vote is quite another story." HYSHESC loan. Basically,' Marlin and/or quickly reiterated, "We are Dance demonstration Kathy Drumm's work showed extremely confident; we made an that the proposed $200 increase, impact down there and our and Refreshments multiplied over three years, with presence was felt; we did the added cost of inflation, would everything possible." cause students to seek less Wolffe, Marlin and others expensive law schools. Sponsored by the Browsing Library, Division of Student Affairs and on this dilemma feel working The Squire/Amhent Division of Sub-Board One, Inc. The delegates from the law that the Dean should strongly school received promises and personally visit Albany to talk to SBA Impact Felt In Albany — . MEDIEVAL NEW YEAR'S FESTIVAL — 4PM A 167 MFAC Ellicott Complex The Student Dor Association presents Law School Night This Saturday — March 24th 6:oopm shorp Deer, Chips, Pretzels Doors Open 5:30 Talbert Holl Dining Room — followed by: SDA PARTY — 9:00 1:00 ■ Drinks, Food, Music Talbert Holl A WIHP & CRAZY Time! 8 Opinion Much 22,1979 the political leaders. Marlin put it this way, "We feel the time is ripe now for the Dean to go down to Albany and talk with the key leaders in the legislature and senate. Our feeling is that if the Dean will personally go he can put the final nail in the coffin as far as eliminating the possibility of any tuition hike." So what does all this mean? Stated simply it means, in all probability, there will be no tuition hike for this law school. It means our voices were heard and respected in Albany. It means that the SBA and "enfant" Wolffe-Marlin administration is off to a good start working on their first major task constructively, cohesively and positively in our best interest. If this is any indication of things to come then we have chosen good student leaders. In this respect there is no reason why the SBA should not continue the positive growth that was stimulated during Tony Leavy's administration. Tuition Hike to Affect Law School's Future — continuedfrom page one graduating from law school who are having a difficult time in getting jobs, and when they do, the typical salary for a starting lawyer is $10,000 to $16,000. A few graduates draw salaries like $30,000 at a small number of New York City firms, but these jobs go only to the best students and disproportionately to Ivy League law graduates. Most young lawyers have a difficult time paying off large school debts arid making ends meet in their early years of practice," she said. "The idea of law students making lots of money once they get out of law school with fancy jobs is a myth for the overwhelming majority," Wolffe said. Wolffe noted there was no guarantee the Tuition Assistance Program (TAP) would be raised since the action of the Trustees was not a legislative action and would not automatically trigger an increase in TAP. "Once again the poor and middle income students will be hit the hardest," the law school student president said. She pointed out most of the students at the iaw school are already carrying heavy loan burdens. "With no guaranteed increase in TAP, with no additional loan increases from the State, the student who is financing his own education is going to find it that much rougher," she said. The Dean pointed out an increase in law school tuition for its 750 students would net the State at most $150,000 which he said was "outweighed by the serious negative effects it could have on the lives of able students and the law school. "Public support for education allows qualified students to have access to quality education and professional careers. By increasing our tuition on top of the already high tuition at the law school, we will deny that opportunity to a number of young people," he said. "I have a feeling," Headrick said, "that because of our small size that the law school tends to get lost in the budgetary process and that's why I'm speaking out. Maybe somebody in Albany will listen." � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-03-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/22/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/501d0585a9cdbe17e7e46c1372928d5f.pdf f8df7a86ef546035171854f5105c04c6 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 19, Number 10 Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law March 8,1979 Tuition To Rise Ten Percent; Increased Aid Also Expected by Jay Marlin - mike shapiro Some SBA electees (I. to r.): Claire Fay, Leslie Wolffe, Paul Israelson, Jeff Taylor, Melanie Pierson, Michael Wiseman, Terri Rahill New Officers Elected To SBA Positions by Rossella Brevetti Student Bar Association (SBA) elections were held on February 27 and 28, as. a total of 399 students exercised their franchise. First year students cast the greatest number of votes (182) trailed by second year students (158) and then third year students (59). position. Second year directors are: Paul Israelson, Michael Wiseman, Arthur Hall, Melanie Pierson, Jeff Taylor and Terri Rahill. Two directors, Israelson and Taylor were on hand for comment. Having obtained the highest number of votes for this position, Israelson expressed gratitude to his supporters and also requested input from the student body in order to better fulfill his Leslie Wolffe will replace Tony Leavy as SBA president. Wolffe obligations. was enthusiastic about the voter Remarking he was ."very turn-out. She feels this year happy," Taylor looks forward to a students have made tremendous year of service to the student strides away from apathy and body. Smiling affably, he disinterest. Hoping this trend will expressed delight over the continue, Wolffe is looking prospect of being a Section One forward to student input. The representative. Taylor's closing newly elected president also remark was he "hopes the new expressed gratitude to Leavy for members of SBA will do just as leaving the students with a good a job as the incumbents." positive attitude toward SBA. Chairmaine Bissell was re-elected treasurer, her 167 votes n- -mike buskus system. That budgeting tactic, upheld the Legislature, forced the SUNY Board of Trustees to hike tuition. Opposition to the tuition hike came not only from student leaders across the SUNY system, but also from UB President Dr. Robert L. Ketter and Thomas Headrick, dean of the law school. According to Headrick, "The President is fighting the general tuition increase, and my sense is that the President will put up a hard fight." Headrick disclosed he had been in contact with- Assemblyman Sheffer from Amherst and State Senator Floss from Clarence. He is presently preparing an impact study for members of the New York State Legislature oh the impact of a proposed $200 to $300 tuition hike for the law school. by . faculty-student ratios in the University. The library is below where it should be, although strides have been made. But, all the tuition increase does for us is to turn students away, and in no way benefits us. If the money was sent back to the law school, it might be a compensating factor," the dean said. The dean said as soon as he sends a report and letter to the Legislature, he would make it public. Former Student Bar Association (SBA) President Tony Leavy tempered his concern for the tuition increase. "We have to make sure what effect this is going to have," he said. Leavy pointed to a local newspaper article which indicated a slight possibility a tuition increase would trigger a raise in the Tuition Assistance Program (TAP) in excess of the tuition increase. "Those people not on TAP wouldn't be helped at all," Leavy said. One positive note of the legislative session so far has been a renewed appropriation of funds for the SUSTA program. According to Kathy Drumm, law school student financial aid advisor, the SUSTA aid program has been funded for the next year. Court Set To Hear Workers by i Bissellii Charmaine easily surpassing the 120 votes needed to win. J. Ted Donovan received the highest number of yotes cast in the election in his bid for secretary. Donovan attained 228 votes out of a possible 294. Former SBA president Leavy was elected as a third year director. Others elected as third year directors are: Lew Steele, Dwight Wells, Sherman Kerner, Claire Fay and Carol Gardner. Leavy obtained the highest number of votes cast for this The Executive Committee of the State University of New York (SUNY) Board of Trustees approved a 10 percent rise in law school tuition for 1979-1980. The rise in tuition for the law school is part of the complex budgetary process which is currently going on in Albany as a result of Governor Carey's Executive Budget to the Legislature which left a $100 million deficit for the SUNY According to Headrick, both Sheffer and Floss are interested in how an increase would affect students on financial aid. "Their concern," Headrick said, "is that financial aid students may be the better students, and that the idea of a state university exists for poor kids who are bright. If it's those persons who would be hurt the most, then it's a matter of serious concern." The Dean's office is presently analyzing raw data from the Registrar's and Financial Aid Office trying to determine the correlation between high academic performance and eligibility for financial aid. "The law school suffered a major tuition hike of $400 in 1976, and now we already have the highest in-state tuition of any state law school in the United States," the dean said. "New York State already loses a large number of students to Rutgers-Newark, whose student population consists of 20 percent of New Yorkers. Their out of state tuition is $1,750, which is already substantially lower than ours. It doesn't make sense that it's cheaper for New York residents to attend the New Jersey state school," he said. Headrick pointed out when tuition is increased, the additional money doesn't come back to the law school. "We have one of the highest John Stainthorp following negotiations between the company, the United Steel workers (USW) ' and the federal government. The agreement provided that an apprentice program be set up to provide training for craft workers and that half of all the trainee positions go to minorities and women. Selection was by seniority but two separate lists were set up, one for minorities and women and one for white males. Brian Weber applied for a training position and was not chosen although two black workers, with three months less seniority than he were. Weber, a union steward,' complained to the union, the company, the Equal At the end of this month the U.S. Supreme Court will hear oral arguments in a case which will decide the future of voluntary affirmative action employment-related programs. The impact of the case is likely to be as great as Regents of the University of California-Davis v. Bakke and will indicate to what extent the Court intends to continue its dismantling of the civil rights gains of the past two decades. The case, Weber v. Kaiser Aluminum, is a review of a Fifth Circuit decision (563 F2d. 216) which declared illegal an affirmative action plan entered into by Kaiser Aluminum. The Employment Opportunity Court held Executive Order Commission and eventually the 11246, the federal government's federal courts, alleging he was requirement that federal discriminated against because he is contractors institute affirmative white. Both the Federal District action programs, is in violation of Court and the Circuit Court of Title VII of the 1964 Civil Rights Appeals have agreed with his Act. complaint. The program in question was The Kaiser Aluminum plant in adopted by Kaiser in 1974, Gramercy, Louisiana, where . Weber works, is located in an area which is 43 percent black. When the affirmative action plan was adopted in 1974 the work force at the plant was 13.3 percent black, but only five out of 290 higher paying skilled jobs (less than 2 percent) were held by blacks. Although federal investigations had indicated a long standing and consistent refusal by the company to hire minorities, Kaiser did not and has never admitted to a policy of discrimination. In the federal courts this became the crucial issue. The defendants in the case are Kaiser and the USW. Neither they nor Weber have alleged race discrimination ever existed at the Gramercy plant. It is clear none of them have any interest in showing discrimination. Such a court finding would have made the company, and possibly the union, liable for back pay, other money damages and legal fees to the victims of that discrimination. Yet is was precisely the failure to show past discrimination which -continued on page eight ""** shaplro Kathleen Drumm " Regarding a possible tuition hike, Drumm said, "No one is in favor of it. It is expected, however, that any increase will be met by a corresponding increase in financial aid." "The problem," continued Drumm, "is that it makes us less competitive with other state schools." Looking ahead to the next school year, Drumm said congressional action in Washington has made NYHEAC loans easier to get. Under the bill passed by Congress, any law student will be able to borrow up to $5,000 per year, minus TAP or other state loans, with the federal government footing the interest bill while the student is in school. "This will give the middle-income class student a big break," Drumm said. -continued onpage tight �Vol. 19, No. 10 Editor-in-Chief Jason Poliner . Mar 8> 1979 Managing Editor Randi Chavis News Editor: Alan Nade.l Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marl in, Bob Siegel Contributors: Shelley Mayer, Laraine Kelley, Rossella Brevetti, Letters To The Editor Canfield Evaluates Student Influence To the Editor: Much recent discussion concerning the law student role in , lohn Stainthorp, Andrew Lipkind Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260.The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition. & Design: University Press at Buffalo Editorial Down With Tuition As inequitable and inconceivable as it may appear, the Executive Committee of the SUNY Board of Trustees voted Friday to increase tuition at the law school from $2000 to $2200. This is particularly shocking in light of the $400 (25 percent) tuition hike suffered in 1976. After the 1976 tuition increase we became the most expensive state law school in the United States. By the look of things our number one status is not likely to be challenged. It is sad the Rutgers-Newark law school is charging substantially less for out-of-state tuition ($1750) than we are for in-state tuition. The law school has experienced a decrease in applications over the last couple of years. The increase in tuition will undoubtedly exacerbate this problem. Furthermore, there is no redeeming aspects to the tuition hike; the law school will not be receiving any additional money. After the initial yelling and complaining is done, what is left? What can we do constructively to thwart such an unreasonable tuition hike? The SBA has suggested the External Affairs Committee give this matter their utmost attention. What else? Last week The Spectrum suggested the"formation of a Commission to Save SUNY. The Commission is designed to be a lobbying coalition of faculty, employees and students whose goal is to get the New York State Legislature to study the present state of public and private education in New York State. Ultimately, the study wouldrecommend what part the state should play in shaping higher education in New York. This suggestion has extreme long-term merit. As for the short-term, the budget is not final until April 1. The legislature must be pressured to come up with additional funds. SASU is currently organizing a mass demonstration for March 21 in the Capitol. We urge the SBA to participate in this demonstration by sending representatives from the law school to Albany. Overcrowded Library: Help On The Way law school governance has focused on student dissatisfactions with late grades, and the lack of student influence on the "hiring" practices of the law faculty, specifically Abramovsky. A third problem area focuses on the "real strength" of student influence with the faculty on the faculty committees. Speaking for myself, and not for the administration or the faculty, I note the following points: 1. In my view, this year's SBA, under Tony Leavy's leadership has been most instrumental and instructive to the faculty and administration regarding the realization of student input. His administration has been most effective in several ways. 2. Not seen by the students is the fact that on most committees students now have considerable influence. Two exceptions are the Appointments Committee and the Admissions Committee. (Dean Headrick, however, has indicated that where structured improvements can be made, he will make them. Future SBA members might discuss that possibility with him.) 3. Three facts which really "divest" the students of the influence which they might otherwise have are these: a) either some student representatives to committees do not appear to speak up adequately on committees or they fail to report committee activity back to the SBA and to the student body; b) the student body, through the SBA, has no real communicative organ to communicate their messages properly to the student body consistently; c) student organizations are "ephemeral". Little real continuity exists from year to year so that each successive presidential officer cannot deal effectively with an issue. Summers are "down times" for the SBA and committee "start ups" in the F^ll are invariably late because of the "down time" in the summer. Student organizations and their representation on committees are influential. For example, the use of SCATE forms, the SUSTA fund, the presence of students on committees, the increased effort to recruit minorities and many other changes have been brought about by student involvement and To the Editor: This change of name does not affect our past goals nor does it In an effort to expand the indicate any other change except scope of services which our for the recognition of our fellow organization offers to the Native American students as an minority students in our law important part of pur school's school, the Puerto Rican and student population. Asian Law Students Association The recently elected officers of has invited the Native American HANALSA consist of: Hector students of this school to Santiago, President, Milton participate in our organization as Carlier, Vice President, Dean active members. This action together with the inclusion in- our ranks of non-Puerto Rican hispanics has To theEditor: prompted us to change the name At 7 PM this evening in Haas of our organization to the Lounge, Squire Hall on Main Hispanic, Asian and Native Street Campus, Sub Board is American Law Students holding a hearing to consider, in Association (HANALSA). part, whether abortion coverage March 8,1979 The real task from my view, is whether students can feel as though they are part of the general tenor of new developments in this school and whether they realize the influence they have on a professor in a classroom, on the administration and on each other, without the thought that they were co-opted, opted-out or made to feel like second class citizens by the faculty or administration. I, for one, hope that we develop a new state of cooperation with students as the faculty and administration try to develop a new "bent" in legal education at this school. Finally, I think the student leadership this year has been superb. It was bothconcerned and influential. I congratulate Tony Leavy and company for their success, even though at times the way they have accomplished tasks is not the way the administration would have done it. . Allan Canfield Emmanuelli, Treasurer and David B. Mora, Secretary. Please fell free to contact any of the above officers should you desire further information regarding our organization. Our office is located in Room 604 O'Brian Hall, Amherst Campus. Hector Santiago CARASA To Hold Rally Martin Thanks Electorate And, I would like to publicly thank those members of the SBA who voiced their confidence and support in me through their letter of endorsement. I don't plan on letting you down. Jay Marlin Student Judiciary Weighed Opinion referendum. PRALSA Changes To HANALSA To the Editor: With the elections behind us, the SBA has many new and old issues to tackle. So, before we get swamped with things to do I In the setting of this huge University it sometimes seems the law would just like to take this school and its needs get lost in the shuffle. It is good to report that opportunity to thank everyone some university administrators seem to be showing concern for the who voted for me. welfare of the law school. Saktidas Roy, director of university libraries in conjunction with Professor Wade Newhouse and the University Library Committee are showing increasing signs of providing the type of university-wide support necessary to make Buffalo a nationally To the Editor: ranked law school. Roy's concern for the overcrowding and overuse by Do the students at the Buffalo undergraduates of the law library is to be commended. He has Law School need a Student promised to take a number ofactions intended to relieve theburden on Judiciary? I believe they do, in the law library. Opinion hopes these promises will materialize. keeping with the university In the past, promises were made to this law school only to be posture concerning in loco reneged upon by University administrators faced with budget cuts parentis. Organizations in the imposed by DOB or SUNY Central. It seemed the law school was wider university sponsor singled out to bear a disproportionate share of the burden of these judiciaries which deal with cuts. This has been especially true with thelaw library. student-based problems, providing Opinion would like to congratulate Professor Newhouse, who has "due process" protection and been, we feel, one of the major reasons the law library is receiving ensuring that appeal routes are increased University-wide support. Events have shown Newhouse has guaranteed to the students. been instrumental in obtaining increased funding and support for the The recent problems with SBA law library. With the continued support of University administrators telephones might be an example such as Roy, we believe Newhouse will succeed in making the UB Law which could have been sent before such a body. The route taken in Library a fine one. this case was the Faculty-Student 2 influence. The latest issue involving the grading system was heavily influenced by the student Relation's Boarcf. It is conceivable that the SBA might have resorted to the court or to criminal process, alternatively. A student judiciary dealing with problems which are distinctly student-based, not involving faculty or staff would provide good experience which I believe would serve them well in later life. I will be happy to help students develop such a mechanism if they choose to do so, or to hear ideas to the contrary. Allan L Canfield Assistant Dean for Student Affairs should be maintained in the Student Health Insurance policy. This is an issue that directly affects all students at this University. The right of a woman to choose whether or ,not to become a mother cannot be hampered by economic considerations. I urge you all to attend tonight's meeting and voice your concerns. Save the abortion coverage. At 6 PM this evening, in Center Lounge, Squire Hall, the UB Coalition for Abortion Rights and Against Sterilization Abuse (CARASA) will be hosting a pre-hearing rally to make people aware of the issues involved in the abortion coverage. Please attend the ral.ly and show your support. Arlene Fisk Sue Schreiber Supporters Get Thanks To the Editor: I would like to take this opportunity to thank everyone who voted for me in the recent election. I appreciate your support. Tony Leavy �Abortion Rally Permit Granted by Laraine Kelley On February 26, the Buffalo chapter of CARASA (Coalition for Abortion Rights and Against Sterilization Abuse) was denied a rally permit by Thomas Griffin, the commissioner of parks for the clarification of this denial have been unanswered. Since then, CARASA members have asked the denial and its justification be put in writing, and they be informed of the means by which such decisions are appealed. The CARASA members were frustrated by what seemed to be a rather unusual approval route for a rally permit request and by the reason for the denial. They pointed out there are a number of parking ramps in the vicinity of Niagara Square which offer adequate spaces, especially on a weekend day, for the three to ' four hundred persons expected at therally. For these reasons, CARASA members felt the denial was arbitrary, if not discriminatory, given the Mayor's public stand against abortion and his recent declaration of "Right to Life Week" in Buffalo. However, on Tuesday, March 6, the Commissioner announced that the permit would be granted, citing "misunderstandings" as the reason for the initial denial. He claimed he was not sure the coalition was a bona fide organization. Last year the department was "burned" when a permit was granted for a "missionary project" gathering in Delaware Park which turned out to be a "pot-smoking party," he City of Buffalo, and Mayor James Griffin. CARASA had been planning the march and rally, to be held on March 31 in Niagara Square, in support of abortion rights and against sterilization abuse. The permit request was personally delivered to Commissioner Griffin's office by a CARASA member on February 16. The secretary who received and read the letter of request told the representative it was in order and she should expect to receive a positive response during the following week., On February 26, the representative for CARASA called the Commissioner's office to determine the Gause of the delay. She first was told there was a possible conflict with City plans to plant shrubbery on the Square during the time of the rally, in which case the Mayor's approval of the permit would he required. After several subsequent calls that same day, she was informed the Mayor had denied the permit because of "parking problems." Oral requests for further said, y - ->N^ A team ofSears Law Library Attorneys investigating alleged overcrowding. Library Director Responds To Law Students 9 Complaints by Mike Buskus other libraries is diverted to the one workable machine in the law Dr. Saktidas Roy, director of library because it furnished the university libraries, has replied to least expensive copies on campus. complaints from law students (The other libraries have brought into focus by a letter self-service ten cent machines; the from third year law student J.R. bookstore also makes copies at Drexelius reprinted in the January ten cents per page plus tax.) 25 issue of Opinion. The thrust of Roy's response is that steps are being taken to alleviate the chronic xeroxing difficulties and to lessen the overcrowding of the Sears Law Library. Roy explained the Director's Office has been aware of the acute nature of the Xeroxing problems for some time. He pointed out that library administration efforts dt procuring additional copiers date back to the fall of 1977. The main source of the problem is an inadequate supply of five cent copying machines. Much of the xeroxing traffic from Saktidas Roy, mike buskus Director of University Libraries Israelson Proposes Creation of Consumer Legal Clinic At UB by Carol Gardner First-year student Paul Israelson has taken an idea he got from his undergraduate days and is working at making it a reality at UB Law School. He is trying to establish an organization which would handle consumer complaints over the telephone. Israelson was a member of the Pennsylvania Consumer Board while he attended the University of Pennsylvania/The Pennsylvania Consumer Board successfully mediated consumer disputes to the satisfaction of both parties, Israelson said. Israelson is interested in starting a similar organization here. He envisions law students answering consumer complaints over the telephone. The students will then call the merchant or landlord to get their side of the story. The student will be responsible for doing legal research on the matter. If the students find the complaint was warranted, they will try to mediate a settlement. Israelson would like class credit to be available to students who take part in the consumer organization. In order for credit to be afforded to students, requirements will have to be met. The requirements might include two semesters of work, a paper based on casework -and office hours, Israelson said. He thinks the service will need about forty students. The program would be open to first, second and third year law students. Israelson is checking the possibility of the UB Student Association helping to defray the costs of telephone lines, advertising, office supplies and clerical help since the service would be available to undergraduates. He also is looking into the possibility of "federal grants. Israelson is in the process of accumulating data on the existing consumer organizations in the Buffalo community. He needs the information for his presentation to the Budget and Program Review Committee in March. He expects to face questions about whether the service will be redundant. The Committee will also be interested in knowing how law students will benefit from such an organization. Israelson thinks the - Part of the solution to the problem -will be to convert the existing machines in the other libraries to five cent copiers. This benefits include learning is scheduled to occur shortly. Roy substantive consumer law and explained, "Finally, we are getting; learning to deal with parties "in somewhere. I hope that we will' constraining business situations." have those coin operated "There is no replacement for machines in the libraries within a talking to an irate landlord, or month. consumer for that matter. You "The final arrangement is that gain great experience in mediating instead of going through FSA, we disputes for persons who have are going through the Research vested interests in the outcome. Foundation [which] is going to You're dealing with real people lease these machines from Xerox and real controversies," he said. Company and give them to us. "We are going to get 16 Israeison also thinks the experience and information the machines, five of them in students obtain will help them in Lockwood Library. That will their personal consumer dealings. reduce the use of the law library He said Dean Barry Boyer and by non-law students and reduce Professor John Spanogle think the the pressure on the Xerox copier idea is an excellent one. in the law library," Roy said. Extra copying machines for the A sign-up sheet will be posted on the bulletin boards near the law library, while on the horizon, student mailboxes. Israeison are not immediately forthcoming. invites everyone who thinks they Reliable sources have disclosed might be interested in a clinical the source of the delay is in aspect of consumer law to sign up. Albany. Apparently some officials Israeison expressed a sense of at SUNY Audit & Control are responsibility to the City of concerned about. committing Buffalo. "As a law school in Buffalo, we have some duty to contribute to the city's betterment. We should give legal guidance and dispense information in a prudent, legal manner," he said. resources for Xerox machines. However, that viewpoint overlooks the fact that such a lease obligation is more than met by copier revenues even at a conservative estimate of 15,000 copies per machine per month. At — five cents a copy revenues more than offset expenses. Another explanation for the delay in the acquisition of two Xerox 4000 machines for the library is that some officials in Albany are urging the library obtain Savin 770 machines, a slower wet-copier which does not use ordinary paper. Although the Xerox machine would require a larger financial obligation in lease terms, the lower overall operating costs of the Xerox machine at 15,000 copies or more per month would make this machine less costly than the Savin model. (15,000 copies a month is probably a conservative estimate for actual use since the present machine churns out well over 30,000 copies a month notwithstanding recurring down-time). The problems of noise and overcrowding in the law library which Orexelius flagged to the attention of Roy are also being dealt with. Several steps which have already been taken include increasing the hours of the Undergraduate Library in Capen Hall. That library is now open late Monday thru Thursday until 11:45 pm. Saturday hours at UGL now extend until 9 pm, while Sunday closing time is 11:30 pm. The library administration has plans to expand Lockwood hours effective April 1 so it will be open all hours the law library is open. Additionally, the director's office has disclosed it is considering opening UGLone-half hour earlier than the law library to encourage undergraduates to use that facility unless they have a specific need for legal materials. The Office of Student Affairs which conducts orientation tours has been notified that incoming students will be advised to use the other libraries unless they have a special need for legal reference materials. Additionally, the library plans to publish announcements in the Reporter and The Spectrum suggesting students use Lockwood, Science & Engineering and UGL. Descriptive leaflets are also being prepared which will indicate the full range of facilities available at those libraries on the Amherst campus. March 8,1979 Opinion 3 �Legal Assistance Program Clinic Offers Real-Life Court, Client Experience Editor's note: This is the first article in a series about the law school's Legal Assistance Program, the third-year clinic. This article deals with the Family-Education-Juvenile component. Future issues will highlight other components of the clinic. by Andrew Lipkind The "Family-Educational-Juvenile" section of the Legal Assistance Program enrolls 14 third-year law students each semester. The students are responsible for handling actual cases in all three substantive areas. The "family" cases are mostly separation and divorce, with occasional questions of Custody, guardianship and name change. Of the 68 cases handled by the "Fam-Ed-Juv" component during the Fall 1978 semester, a third were "family" cases. Divorces are being "de-emphasized," according to Clinical Instructor Gerald P. Seipp. The majority of matrimonial cases have been default divorces. Students can gain better experience handling other kinds of cases, such as those in the juvenile area, Seipp said. Mary Lang, - mike Shapiro Administrative Assistant to Legal Assistance Program There is more exposure to trial work and evidentiary issues in these cases. Contested matrimonials, while good experience, take too long to resolve and are thus not feasible for the one-semester clinical program. No new matrimonial cases will be assumed by clinical students this semester, Seipp said. The "juvenile" cases involve appearances in Family Court representing minors charged with .being a Juvenile Delinquent or a Person in Need of Supervision (PINS). School suspension hearings may also be involved. One-fourth of last semester's cases were in the juvenile area. The largest number of cases handled by the Fam-Ed-Juv component during the Fall 1978 semester was in the "education" area. These cases consist primarily of representation of handicapped children in their efforts to receive an appropriate education. Questions of school district compliance with State and Federal law, and of classification, placement, transportation and evaluation are raised. As in the juvenile area, school suspension may also be handled. The law students represent children in administrative hearings, and meet with parents, school officials and teachers to try to resolve their case. The Fam-Ed-Juv component gets most of its clients by referral from indigent agencies, such as Neighborhood Legal Services and the Law Guardian's office at Family Court. The education cases are taken by direct client inquiry and do not require a referral. . • The Fam-Ed-Juv component of the Legal Assistance Program gives a client several advantages. In the education cases, the expertise of the clinical staff and students is greater than can currently be found anywhere else in the community, according to Mary Lang, administrative assistant to the Legal Assistance Program. (Seipp recalled one instance in which a local private attorney called requesting information on handicap law for his own child). Lang pointed out a few local lawyers do this kind of work, but the Legal Assistance Program is the only law office currently working extensively in the area. Several Buffalo organizations have recently hired mental health advocates and will be developing expertise in this area of the law soon, Lang said. The second advantage is clients coming to the Legal Assistance Program get more time from their student attorney than they wou|d from an attorney in the community, according to Seipp. Student attorneys frequently go the extra mile. Seipp recalled ihe experience of a student now in the clinical program, whose client was charged with Juvenile - Delinquency arising out of an alleged burglary. The student attorney not only arranged the client's release from detention, but also spent time getting the client a "big brother," and made sure he returned to school. Thirdly, students in the Fam-Ed-Juv component raise issues other attorneys don't usually take the time to bring up. One example is the applicability of Criminal Procedure Law due process protections to Family Court JD and PINS proceedings. Raising such issues slows the turnstiles in the Family Court and perhaps gives the juvenile client a fuller measure of representation. Working in the clinic "really is a big commitment, different than the rest of law school," Seipp said. He indicated having to handle a real case, with real people who aren't playing roles gives the student a good introduction to law practice. This is especially so if the student is going to work in the Buffalo area, since s/he is exposed to local practice. Students also learn how to make good use of their time, Seipp said. Responsibility and' maturity are required to do well. Seipp characterized the caliber of Buffalo students as "good." Students are "very excited, eager and conscientious, for the most Dart," Lang said. In a few cases, the clinical program helps build-confidence in students who initially may need to be led by the hand, she said. To Seipp, the best thing is all the students are enthusiastic and enjoy doing the work. Once in a while, some do even more than expected and make a lot of sacrifices, he said. Seipp often finds students working in the office evenings and weekends. Seipp finds many students, including those who took Trial Technique, weak in trial skills such as direct and cross examination, and the convincing use of supporting details. But, he said he doesn't expect better. Through the Legal Assistance Program students gain more exposure to trial preparation and get a chance to use concepts and theories learned in evidence courses. Seipp, who has been with the Legal Assistance Program for 154 years, has supervised about 60 clinical students. His favorite area is the Juvenile component, which students seem to handle with the fervor of a murder trial, he said. The students have regular contact with the client children, which helps in the dispositional phase of the case, and are also able to build good rapport with the parents. Students interviewed by Opinion who worked in the program last semester feel it was very useful. They cite such things as learning the importance of good office practice, sharpening interviewing techniques and Opinion March 8,1979 In addition, some students from last semester's enrollment chose to follow through some of their cases personally during the current semester. Lang said she feels students should be able to.stay with the clinic for a full year, as was done in 1975. In this way the clients would be better served, especially in the family and educational - mike shapiro Clinic Instructor Gerald P. Seipp dealing with people, clients, and bureaucrats as good experience. One student said she "felt more like a social worker than a lawyer" but the experience of dealing with people, agencies and the courts made it worthwhile. Another student, now taking the program, commented he is learning to find the "grey area" in the law. "In school we learned the black and white. In clinic a lot of things are going on, more than one thing... you've got to put them all together," he said. Several students voiced concern that the daily activity in the student portion of the clinic office is too loud. Fellow students used the office as a hangout, maintaining a party atmosphere instead of one conducive to work and client contact, they said. The concern was also raised that supervision by the clinical instructor was not close enough in the early stages of representation. Seipp said having fourteen students, each with four to six cases, is "a little hard." But, he said when a case is going to court he spends a great deal of time with the student attorney. His court and travel time prevent him from posting regular office hours, and, students must take the initiative to see him. Seipp said limiting the component to 10 students would be optimal. He know of no plans to expand the supervisory staff. Another member of the clinic staff suggests students who feel they are inadequately supervised perhaps really are criticizing their own • feelings of insecurity and inability to be independent in initially handling a case. Lang pointed out that the clinical program helps to build confidence in those students who need it. The half-year enrollment is not long enough, according to Lang. Many cases begun in the Fall semester take more than a . 4 semester to resolve. As a result, each student this semester has picked up at least one educationor family case from last semester. cases which take longer than a semester to resolve, and where continuity is important. Lang noted the SCATE forms consistently reflect law student desire to expand the enrollment to a full year. Seipp agreed a, full year for each student would be ideal. With current staffing, however, a full-year enrollment would mean the clinical program would service fewer law students. One problem facing the Legal Assistance Program is the absence of a permanent director. Professor R. Nils Olsen is currently serving as acting director, but there is no one to set long-term policy which would enable the clinic to develop and expand. As a result, the program has remained static, according to Lang. Olsen said permanent missing. without a director, continuity is The program needs thought on restructuing and expansion, he said. Further, grant monies could be sought, if someone were available to look for them. Olsen characterized the search for qualified candidates as "active and intensive." Several people have interviewed for the position, but no offers have been extended. Some people are still under consideration. A budget line does exist from which to pay a permanent director. The search is still continuing, according to Olsen, but it is a difficult position to fill well, he said. It takes time to find someone with strong backgrounds in both clinical and academic areas who wants to stay in clinical education. Qualified people with continuing clinical interest are rare, he said. Seipp opines it will be difficult to find someone with strong academic credentials for such a position because this kind of person generally is not interested in long-term work in clinical education. - �Three Law Schools Respond To Bakke Decision of several by Shelley Mayer As a result of strong pressures exerted by minorities and civil rights activists in the 19605, most professional schools developed affirmative action plans which drastically increased the number of minority students enrolled. This development occurred in the context of an emerging consciousness of racism on the part of white America, forced forward by the threatof collective action by organized activists. At two of the Law Schools examined in this article, affirmative action programs developed in the early 1970's have been restructured in similar ways in light of Regents of The University of California-Davis v. Bakke. At Rutgers University Law School-Newark, the Minority Student Program prior to Bakke mandated 15 percent of each incoming class of 700 be reserved for minorities. In the.wake of Bakke, the faculty voted to redefine "minority" to include disadvantaged whites, and simultaneously to increase the percentage to 30 percent of each entering class. This leaves a "two-track" system, like that struck down at Davis, but it does not involve a numerical quota such as the one used at Davis. Similarly, prior to Bakke, UC.L.A. Law School set aside 25 percent of each incoming classfor minorities. In light of Bakke, they have developed two sets of admissions criteria. 60 percent of the admittees are to be judged on the basis ofLSAT's and GPA's. 40 percent are admitted on the basis factors, including administration explanations. Admissions Committee, composed interviews, special Making a of three administrators or deans, personal essays, talents and race. Although these new plans may be said to benefit more individuals, they have an overwhelming problem. They are heavily reliant on the good faith of those who make admissions decisions. One obvious question is why "good faith" should be considered a reasonable and effective means of affirmative action. It was political pressure, not good faith, which led to the increased presence of minorities in professional schools in the early 19705. A related problem is that once good faith becomes the standard, it is difficult to challenge admissions authorities or hold them accountable for variations in admission statistics. "Good Faith" arguments generally have proven' to be destructive to necessary relationships, and rarely result in constructive change. At Buffalo Law School, for example, energy and time have been dissipated and wasted because debate in the past frequently focused on the "good faith" of admissions personnel. This happened because there was no articulated standard by which to judge the school's affirmative action policy and results. The decline in minority students, from 38 out of 322 in 1973 to 17 out of 262 in 1978, has been attributed to several factors. Because there were no fixed guidelines or standards, students angered by the decline in numbers were forced to debate "good faith" and lacked any tangible evidence with which to confront Some have viewed the Bakke decision as an expression of constitutionally-mandated and three faculty members, one of support for affirmative action objective dependent on "good whom is black. The number of programs. Others see the case as a faith" seems neither proper nor votes needed for admission step backward, threatening the successful. depends on the group in which gains of the last ten years. The At Harvard Law School, "good the applicant is placed high, dean of Yale Law School, faith" appears to be the standard middle or low. There is no however, said, "The Bakke as well. Harvard's affirmative provision by which minority decision resolves nothing, action plan is about to be applications will be reviewed by absolutely nothing. I don't even reviewed by its faculty, in right of the entire committee. This system know what the decision is." Bakke. Presently, applicants are has resulted in enrollment of 40 It is worth watching to see if divided into three groups on the to 50 black students in each class Bakke will justify a retreat from basis of LSAJ's and GPA's. They of 550, approximately 8 percent gains made so recently after so are then examined by the of the entering class. much fighting. — • ONLY 7 DAYS LEFT to register for theBAR/BRI Early Enrollment Discount. . Discount ends Thursday, March 15 STUDENT REPRESENTATIVES: Tim Cashmore 7594246 Randi Chavit Bonnie Cohen Gary B.Cohen Claire Fay Martha Krisel Gladys LaForge 833-3388 839-3187 836-4805 695 1294 838-6876 636-4597 J flJCN/^T7/7l]^a^\M /(OXO J'//■ let V at VC^^S/U STUDENT REPRESENTATIVES: Karen Mathews Ricky Samuel Ken Patricia Jeff Serether Mike Shapiro Ken Turek 627-9292 689-7572 689-7572 691-3093 835 2058 692 6532 March 8,1979 Opinion 5 �Culinary Counsel Response To Fowl Column... Chicken Recipes Remove it from the oven and reduce the heat to 375 degrees. Beat the blue cheese, cottage cheese and butter together. Then beat in the remaining ingredients until smooth*. Pour into the pastry shell. Bake at 375 degrees for 40-45 minutes until the custard sets. Serve warm or cold. by Paul Suozzi Flaming Chicken Jubilee/ from Cocoa Gozzi 6 small chicken breasts, boned and skinned 1, 20% oz. can pineapple slices 2 tablespoons butter or margarine Two weeks ago at this time I 1 cup finely chopped cooked was faced with a deadline and a ham lack of material to fill the order. 2 tablespoons chopped onion I'm happy to say that dilemma V 4teaspoon ground ginger was averted this issue, as there was a good response to my plea for V* cup medium cracker crumbs recipes. I would like to thank my Pound the chicken breasts to contributors, and I hope their recipes inspire others to share make !4 inch cutlets. Drain the pineapple, reserving Vi cup of the some with us in thefuture. syrup. Dice four pineapple slices Chicken Wings/ and cook in 2 tablespoons butter from Cocoa Gozzi or margarine with the ham and onion, until the onion is tender. Oil 1 Ib. chicken wings, disjointed Remove from the heat. Add the with the tips cut off ginger and cracker crumbs. Mix 4 tablespoons Frank's Lousiana well. Divide this stuffing evenly Hot Sauce among the chicken breasts. Tuck dash of onion powder in the sides of each and roll up jelly roll fashion. Skewer or tie dash of garlic powder securely. dash ofblack pepper dash of vinegar crushed red pepper to taste !4 cup butter or margarine 3/4 cup chicken broth (use none for mild wings, a sprinkle for medium, etc.) 2 tablespoons vinegar Vi teaspoon salt Deep fry the wings in oil for 10 minutes or until golden brown. Brown the chicken rolls slowfy Drain on absorbent paper. Mix the in the butter or margarine. Add rest of the ingredients in a the broth, vinegar and salt. Cover container that has a tight-fitting and cook 20 minutes. lid. Add the cooked wings, cover and shake until wings are evenly 1 tablespoon cornstarch coated. Serve with blue cheese 2 8-3/4 oz. can pitted dark dressing and celery sticks. sweet cherries, drained cup brandy V> Blue Cheese Quiche/ from Cocoa Gozzi This is a recipe for blue cheese Mix the cornstarch with the lovers that goes well with chicken reserved Vi cup pineapple syrup. wings. Stir into the sauce in the skillet. 4 oz. blue cheese Cook uncovered 15 minutes or 1 Vi cups cottage cheese until chicken is tender. Remove % cup softened butter or chicken to serving dish. margarine Brown the remaining pineapple 4 eggs slices in a small amount of butter. dash cayenne Place the slices and cherries on V* cup minced onion top of the chicken. Pour the sauce 9 inch pastry shell into a heat proof dish. Pour heated brandy over the sauce. Bake a well-pricked shell in a Ignite at table and spoon the 400 degree oven for 5 minutes. flaming sauce over the chicken. . Arroz Con Polio/ from Cocoa Gozzi This is the Gozzi Family's favorite chicken recipe which serves 10-12. Cut in half it will serve 4-6. 3, 2 Ib. fryers, cut up 1 /8 cup oil 2 teaspoons salt 1 teaspoon garlic salt 3/4 teaspoon pepper 3/4 teaspoon paprika Heat oven to 350 degrees. Place the chicken pieces, skin side up, in a large ungreased baking dish. Brush with oil, and sprinkle with the spices. Bake uncovered for 30 minutes. Meanwhile: S chicken bouillion cubes 5 cups boiling water V* teaspoon saffron 1 cup chopped onion 2 bay leaves, crumbled 1 tablespoon snipped parsely 2 teaspoons salt the oil until the livers are firm and and olives, 3 to 5 minutes. Add brown. Fold in the rosemary the the sherfy. Add the livers and mix last minute. Serve over rice. up. Sprinkle with the parmesan cheese and broil until brown. Chicken Livers No. 2/ from John Henry Schlegel Chicken Livers No. 4/ from John Henry Schlegel 1 Ib. chicken livers 1 medium onion, chopped 1 medium onion, chopped Vn of a green pepper, chopped 2 slices bacon, chopped 2-3 heaping teaspoons (or to 2 tablespoons oliveoil taste) curry powder 1 Ib. chicken livers beer 1 Ib. canned tomatoes, broken olive oil up 1 garlic clove 1/8 teaspoon crushed red pepper salt and pepper Saute the green pepper, gralic, . ' curry powder and onion in the oil. Saute the onion and bacon in Throw in the chicken livers and the oil until soft. Add 1 teaspoon brown. Add beer until the livers salt and pepper, and the tomatoes are half covered. Cook 5 minutes. and simmer 20 minutes. Add the Serve over rice. Serves 3 to 4. red pepper. In another pan, saute the chicken livers in butter, then Chicken Livers No. 3/ remove and quarter. Add the liver from John Henry Schlegel to the tomatoes and serve over olive oil, 1 Ib. chicken livers spaghetti. 14 Ib. mushrooms, sliced 1 garlic clove 'A cup sliced green olives (pitted w/ pimento) Heat the bouillion, water and other ingredients to boiling. Add: 2 tablespoons sherry Va to Vi cup parmesan cheese 2 cups rice 1, 10 oz. package frozen peas Saute the liver in the oil until 1, 7 oz. can pimento, drained brown. Remove from pan and and chopped quarter. In a clean pan with more Remove the chicken from the oil, saute the mushrooms, garlic baking dish. Pour the rice mixture into the baking dish and place the chicken on top of the rice. Cover and bake 30 minutes at 350 degrees. Uncover and bake 10 minutes longer. Editor's Note: Culinary Counsel will devote an upcoming issue to Chinese recipes. Please shareyours with others by dropping them off in the envelope outside the Opinion office, room 623. The following chicken liver recipes were graciously submitted by Professor John Henry Schlegel Some of you may be wondering' why someone would want to know one way to cook liver, much less four. Schlegel suggests that when you have a pregnant wife who has to eat liver, you learn ways to cook it. Janet's Chicken Livers/from John Henry Schlegel 1 Ib. chicken livers, quartered 1 Ib. mushrooms 3-4 garlic cloves (as much as you can take) all the rosemary you think you can eat and then some (about 1 tablespoon) olive oil Saute the garlic and livers in 6 Opinion March 8,1979 Mon.-Fri 10:00-5:00 �snun r „ iiciici Money Questions Dominate This Spring Training by MariaColavito Spring training has always had a very reassuring effect on me and a tot of other people. Knowing that another baseball season is about to begin reminds you you've made it through another winter, another of television's second seasons and another of Sports lilustrated's bathing suit issues. ; For those of you who have never seen Si's bathing suit issue, it's not the bathing suits which are the real treat. Connoisseurs really wait for the issue following so they can go straight to the Letter's section for a real slice of American culture. My perennial favorites among the dozens of letters each year are the ones from the frat house (take your pick) at a midwestern university (pick again) thanking SI a thousand times for relieving the members' winter blahs (you can almost picture them inhaling their jello while wrapped in sheets) and the one from a dentist (or librarian) indignantly exclaiming that "this is one Sports Illustrated I couldn't possibly leave in my waiting room r (in my browsing section)." I have never figured out whether it is the same fraternity, dentist and librarian who write in each year, but I'm confident there are quite enough of all three to keep Si's letters column well-stocked for a decade or two, providing they keep putting out bathing suit issues. In any case, the feelings of continuity and security which spring training usually inspire in many people could be a trifle misplaced this year as the normal flood of players, coaches and fans head for sunnier climes. This season is a little different from past seasons. Money, which has played an increasingly central role in baseball as of late is even more on everyone's minds. Even the major league umpires, who do not appear to be your more militant types, were faced with an ultimatum to put up or be put out when they broached the subjects of higher pay and benefits. The presidents of the National and American leagues are evidently confident suitably pliant replacements could be found for any maverick umpires at a moments notice. They are willing to make good their threat to find and hire them in the event of trouble (evidently there are hundreds of men out there who are dying for the opportunity to have Earl Weaver spray tobacco juice in their faces in the heat of on-field battle). The umpires contend the benefits they are seeking would cost the owners some $150,000 a season. Considering that some individual ballplayers earn that kind of money for a month's work, the umps are somewhat upset the owners won't consider their demands. The problem appears to be the umps have a multiyear contract which the owners contend has not yet expired and applies to such things as meal allowances. So, the men in blue will have to swallow their pride, eat at McDonalds all season and hope for better luck with their next contract. This is also the season when the major leagues' contract for television rates and rights expires. It is likely that at the least, a minor skirmish will be fought over this issue come the fall. The owners are feeling drained by demanding players and are bound to be equally demanding when it comes time for them to name their price. With attendance up and with more people watching televised games, the owners are in a good position to bargain. They most likely plan on using this opportunity to recoup some of the money they've been shelling out for salaries over the past couple of years. This also obviously leads to the point that concerned ball fans everywhere are faced with a golden opportunity to keep ABC and Howard Cosell away from the ballpark. Maybe a nationwide teams could use the money to purchase.players they need but can't afford. With no cash, teams such as the Twins are constantly faced with having to part with proven, experienced players who might be crucial to their attempts to rebuild. In any case, the basic question comes down to- whether the Commissioner can, and should be able to arbitrarily set figures like these and force clubs to abide by them especially in light of the fact that he can be quite inconsistent in his decision making. He has on occasion allowed the sale of players when some $500,000 or more exchanged hands because he saw the transaction as consisting of two or more separate deals which by themselves were for less than $400,000 even though their combined totals exceeded that — figure. Also, Kuhn has approved of transactions involving higher figures when he has been convinced the transaction was not related to any future dealings or promises. With reasoning such as this, it would not be difficult to petition campaign imagine a general manager being Another major money battle hard put to develop a kind of may be shaping up between the long-range building plan, having club owners and the no idea of how the Commissioner Commissioner. Although at the will react to any given deal. moment he seems to be operating But money after all, is not with the owner's approval, Bowie really what spring training is all Kuhn has taken it upon himself to about. It is really a chance for the establish a ceiling of $400,000 in younger players to prove to the management they can handle a any deal for players involving cash. How he arrived at the major league position, for the precise figure is not known but it older players to prove they can may cause trouble for a lot of teams. The more affluent teams would naturally rather part with cash in exchange for a player they President(296) really want and the less affluent �Leslie Wolffe Horace. Glola ... still cut it and for the managers to tell the press in all sincerity they 1) feel this is the strongest team the franchise has fielded in years, 2) the rookies are the most promising they have seen in a long time and 3) everyone expects to win the pennant. If all else fails, and even the most seasoned manager cannot bring himself to exaggerate the facts this much, he can always choose to just as sincerely avoid the question entirely. Example QUESTION: "You've lost Bill Lee and Luis Tiant from your regular starting rotation. Do you think the Red Sox can win 100 games without them? ANSWER: "Well, Hank you know Tiant went to New York and so they have a stronger pitching lineup now. It's really hard to, you know, figure out what your team has lost from not having Tiant or Lee or someone. Boston has always stressed team effort and I think that this helped us a lot last season, and you know, what this team wants to do is win. Do it, you know, for the fans who have really been great to us these past seasons." If baseball managers, and players, could only learn how to stop saying "you know" so often, they might have a shot at a political career upon retirement. The thought of Casey Stengel debating in the Congress could make even the most hard-hearted soul chuckle to himself. And if you don't believe me, you can look it up. — SBA Election Results Placement Hosts Career Days Total "T» 39 24 69 Peter Zaret Others The Placement Office will present a series of CAREER DAYS during the month of March. The program is a vital part of each student's career decision-making process and is geared toward making students aware of the various opportunities available to them. Top attorneys from the local area have agreed to take time from their busy schedules to speak at the various panel sessions, share their experience and advise, and answer student questions about career choices. Their participation reflects the bar's continuing interest in the success of ÜB's law students. In the past, student attendance at Career Days has been disappointing. This year the programs are being held during the class day. It is hoped this will make them accessible to more students. Career Days are not limited to any particular student class. First, second and third year students are encouraged to attend and take advantage of thechance to become aware of the variety of career prospects, select a career goal, or confirm an interest in a given career course. This year Career Days will focus on non-traditional careers such as education, administration, employment in law firms and business, banking, insurance. The search for fulfillment need not be limited to counsel offices. t ■' : 1 In addition to the panel program scheduled for Solo/rural practice will also receive strong emphasis. over a March 5, the ABA film "Making It On Your Own: Building a Private Law Practice" will be presented one-week period preceding and suceeding the panel session. Lega The Legal Services/Legal Aid program (March 15) will include a representative from the well NY) Services as (Rochester, Rural Legal Services Corporation in Washington, D.C., Western New York offices. as the Buffalo Legal Aid and Legal Services (March 26) and judicial Additional programs wiH be Labor Law (March 8), Government Careers Clerkshops (early April). , . . SCHEDULE Participants: David Lazenski (Touche, Ross), Labor Law-Thursday, March 8-3:30 pm, Rm 106 Scan Sullivan (Connecticut Mutual Life ns.), Green, Participants: Carmin Putrino (Lipsitz, Margaret Wong (Central Natl. Trust, Cleveland, Fahringer, Roll, SchuJler & James), Doren OH), Louis Faber (Bell* Vista Corporation) Randazzo Goldstone (NLRB), Joseph Non-Traditional Careers II (Flaherty, Cohen, Grande, and Randazzo) Participants: Deborah Falcione (NYS Bar Legal Aid/Legal Services-Thursday, March 15-3:30 Assoc, Continuing Legal Education Section), prrTßm 106 Aid, (Legal Boccio Participants: Richard John Warren (SUNY/Buffalo), Additional participants to be confirmed Buffalo), Judy Lehman (Legal Services, Wash., DC), George Cownie (Legal Services, Buffalo), Government-Monday, March 26-1 pm Participants: Internal Revenue Service, US Ann Artusio (WNY Rural Legal Services, NY) Department- of Housing and Urban Rochester, 19-1 I-Monday, March Development, Additional participants to be Careers Non-Traditional confirmed pm.Rm. 109 Vice PresidentQ42) *Jay MarHn Mike Rosenthai Cliff Barry Others Treasurer(3s9) *Charoalne Blssell . Law Rose Mark Welnsteln Secretary(294) �Ted Donovan Others ' ird Yr. Dlrectors(lsß) *Tony Laavy *tev Steala �Dwlght Wells �Shernan Kerner *Cl«lre Fay �Carol Gardner Shelly Cohen Larry Keraan Ray Powers Cathy «a«an israeison Vlieraan *Mlchaal �Arthur Hall *Helanie Plerson �Jeff Taylor •Terrl Rahlll Robert Blardo Sarkls Harootunlan Elaine Hoskal Vlnce Phillips 167 47X March 8,1979 141 121 241 20X 9% 78X 112 87 83 79 74 69 68 61 44 41 7IX SSX 531 50X 471 89 83 82 77 69 64 62 36 35 Ron jarowlta 251 228 66 43 44 John Blaaeal 81 24X 49% 2nd Yr. Directors(lB2) *paui 55X 131 167 87 48 40 86 73 33 Others Per Cent Opinion 22X 44X 43X 39X 28X 26X SIX 49X 46X 45X 42X 38X 3SX 34X 31X 25X 24X 19t 7 �. Workers To Argue Job Discrimination -continuedfrom page one was used by the courts to strike down the program. They declared companies may institute race-conscious programs when they have discriminated in the past but they may not do so to correct discrimination by other elements of society. The minority and women workers at Kaiser, the people who had the most to lose if the court found there was no past discrimination, have not been represented in any of the litigation to date. Only now, with the case before the Supreme Court, has the U.S. government filed a brief alleging past discriminationand seeking to have the program upheld. The decisions of the District and Appeals Courts seriously threaten the viability of Executive Order 11246 which requires that all federal contractors take affirmative action. Currently the order covers 325,000 contractors who employ over 30 million workers and who receive more than $50 billion annually in federal contracts. Up to now, the government has insisted on affirmative action plans without showing the company has discriminated, arguing employers, by taking affirmative action, should not be exposed to the liability which an admission or finding of discrimination would present. No employer will admit to discrimination when he is liable to be sued for it. The court's interpretation of Title VII would mean Executive Order 11246 and all the affirmative action programs it covers, are effectively dead. The analysis of Title VII used by the courts that race ,-^cpnscious affirmative action is illegal unless specific discrimination is shown arises from a disregard of the realities of - - life for women and minorities. The 1977 employment rate was 6.2 percent for whites, 13.2 percent for blacks. Black median income is 60 percent of white median income and the gap is widening. Between 1970 and 1977 black families' incomes declined by $236 while that of whites rose by $766. The average woman full-time worker earns only about 60 percent of the wage of a full-time man worker. Even when women do the same work as men they are paid much less. Fifteen years after theCivil Rights Act the United States remains a discriminatory society. It is in this context the court is cutting back further on opportunities for' the It is unlikely perhaps the Supreme Court which decided Bakke will take a strong position in favor of the job rights of minorities and women. The mass civil rights movements of the sixties and early seventies which forced the adoption ofaffirmative action plans have declined, and even the public interest and discussion which surrounded Bakke is absent from Weber. The words of justice Marshall in Bakke may well achieve a wider meaning in Weber: "I fear that we have come full circle. After the Civil War our government started several 'affirmative action' programs. This court in the Civil Rights Cases and Plessey v. Ferguson destroyed the movement towards complete equality. For almost a century no action was taken, and this action was with the tacit approval of the courts. Then we had Brown v. Board df Education and the Civil Rights Act of Congress, followed by numerous affirmative action programs. Now, we have this court again stepping in ..." 'r :\ HERE TODAY I Sgone tomorrow 1 » # •* ', ' ,, - paulsuozzi disadvantaged. Second year student Richard J. Trautwein, receiving the Ira "Sandy" Meiselman Scholarship Award from Mortimer Stiller, a friend of the Meiselman family, as Dean Thomas Headrick looks on. The honor is bestowed in memory of Sandy Meiselman, a Buffalo Law School graduate. It is awarded annually to an outstanding student on the basis of his/her first year record, and carries with it a cash stipend and special recognition on a plaque in the library. Trustees Approve Tuition Hike —continued from page one Also, according to Drumm, National Defense Student Loan money should be at approximately the same funding levels for next year, while the amount of work-study money should also show no dramatic change. Financial Aid Office figures indicate approximately two-thirds of the law school consists of middle-income students, while one-third are on full TAP and SUSTA. "Our major problem in financial aid is that, in the calculations for student financial aid for the law school, the student budget is extremely low. It simply isn't realistic, and neither affords an individual a reasonable life style nor covers increases in costs due to inflation," Drumm said. A group mentioned by Drumm as being severely hurt by the budget are the third-year students. "The third year budget is the same as the first year budget, despite the fact for almost all third year students, the year goes to the end of July when they take the bar exam. They are very badly hit," she said. Drumm suggested the third year student should be allowed to borrow about $400 more to cover the extra period pf time from the 4ff extra money. "I think part of the problem," the student advisor said, "is that there is a university wide antagonism towards the law school that somehow the law school gets all the advantages. Unfortunately, as far as future incomes, law students are dumped together with medical students, which is simply not the case as anyone who has looked at trie job and income market knows." HOFSTRA SfSSIONI .LA VV n/^Tj^\^\T V-»XJ. i -/I iI - f v»*. jUTMTieT ,•«>•*•>»»• •I- OPINION needs help if we are to continue the high I quality journalism to which you have become 4^ 'fr accustomed. If you can read write, draw or TV photograph we want you. There's a spot for anyone interested in any aspect of newspaper production. If you enjoy spending money, we need jl as our business manager. * you Other editorial positions are also open. f 4fr end of school to the taking of the bar exam. "The Financial Aid Office argues that the bar exam isn't part of law school," Drumm said with a sigh. She noted most third year students are forced to work for 7X--,. *.*.***, rrOgTUWI ' (^aA 1979 COURSES CREDITS Conflict of Laws 3 Criminal Procedure I 3 Debtor Creditor 3 Evidence 4 Family Law 3 Individual Income Tax 4 International Law 2 Land Use Planning Secured Transactions SUMMER SESSION It £ JULY 11-AUCUST 24 | Business Organizations Commercial Paper Communication* Law Health Law A. jfp^jj|ij|j-'j^ j^,- jj^j4.u4*>' •k'' J4^J-4>l'4>* '4- 1'-l^' '�' '■* r4? vv For further information write or call (516)560-3636 BUFFALO LEGISLATION PROJECT OPEN HOUSE .Wednesday, March 14,1979 10 a.m.-4 p.m. Room 724 All first year students interested in legislative research are invited to attend. Refreshments will be served. Opinion 8 March 8,1979 3 3 Labor Law Products Liability Wills, Trusts «r Estates HO*KIMS UNIVERSITY !CH0OlOf"w HEMPSTEAO. NCW YORK 11SM 4 3 3 3 3 3 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-03-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/8/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8fb46d8838276a57ac76f853f3bb27fc.pdf 170d840233d8a34dc3ca559915505857 PDF Text Text Bakke Case Muddles Affirmative Action Programs by Shelly Mayer U.S.C.A., and U.C. Davis. At U.C.L.A., a white male As a result of the Supreme applicant was rejected. He sued, Court's decision in Regents of the he claiming should be considered University of California vs. Bakke, law schools throughout the within the framework of the Special Admissions Program. He country have revised their forwarded Equal Protection affirmative action plans. Due to also and Title VII claims. The the ambiguity of the decision and j California Supreme Court granted the lack of unanimity among the to Justices, many professional "thCL.A.'s motion dismiss. At U.C. Davis, the California schools feel confused and uncertain as to the legal security Supreme Court temporarily enjoined the affirmative action of their various programs. The' threat of lawsuits has plan on 14th amendment, Equal blossomed into reality in several Protection grounds. instances. Lawsuits by white male In a different type of lawsuit at students against law schools to Wayne State' University Law which they were denied admission ! School, minority students and have been initiated against the organizations, as well as individual University of North Carolina, ; attorneys, have sued the school ,' _H ''< Non-profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 seeking a preliminary injunction against the new admissions policy. This policy, recently adopted at a closed faculty meeting, makes no provision for student representation. The plan calls for two pools: 75% of the applicants to be judged on traditional criteria, and 25% to be judged on the basis of four factors, one of which is race. At this time, no decision has been reached. Law schools seem to be reacting with ambivalence to the post-Bakke situation. On the one hand, they are required under federal law to develop affirmative action plans and policies, and such plans are generally developed and kept alive by strong pressures from minority organizations. On the other hand, law schools fear another Bakke and therefore want to obfuscate their plans as much as possible. The sincerity and commitment of university officials in the area of affirmative action is frequently questionable, and this may be another reason for the failure to clearly articulate policies. At Buffalo, associate dean, William Greiner has indicated he feels the Bakke decision has no influence on present policy, since the Supreme Court held that race could be a factor in the admissions process. As Buffalo has no racial quota, there is no similarity to the situation in Opinion Volume 19, Numßfer 9 State University of New York at Buffalo School of Law Bakke. Presently, the Ad Hoc Committee for Affirmative Action at the law school is preparing a report on the program at Buffalo, and related issues regarding minority presence in the law school. In the next Opinion there will be discussion of specific changes in the Affirmative Action plans at several schools. Included will be Newark, Harvard, and Rutgers the University of Pennsylvania Law School. Material for this article and the following one is based on the Newsletter of the Affirmative Action Coordinating Center, a coalition of the National Conference of Black Layers, the Center for Constitutional Rights and the National Lawyers Guild. — Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 February 22, 1979 Placement Office Poses Alternate Legal Jobs by Jay Marl in Noting that the "job market is becoming flooded," Alan Carrel, director of placement, recently announced the Placement Office has begun stressing alternative careers for those who are unsure of their desire to practice law. "The job market is tightening to some extent because. law schools have been expanding and new law schools have been opening," said Carrel. This view was echoed by Audrey Koscielniak, associate director of placement, who said, "It is getting more competitive if you are looking towards a traditional field, such as working in a law firm." On a positive note, Carrel, who is a UB law school graduate, said, "Despite the tightening job market, we'll do well as the reputation of this law school grows, and as we place students in different markets and areas of the country." According to figures supplied by the Placement Office to the Opinion, only Vi to 1/3 ofUB law school .graduates practice in Western New York and Buffalo, which until recently was where 90% of the graduates ended up practicing. "Normally about 20-25% of the class get jobs before they graduate from law school. By the time they've taken the bar, 90% of the students have jobs. It can be a scary period for a student. We're trying to increase those figures so more people have jobs before they graduate. Already, this year close to 20% of the seniors have obtained employment. And, there are probably persons who have gotten jobs that we don't know about," noted Carrel. Regarding alternative careers, Carrel maintained that law graduates can have just as successful a career, where their law backgrounds are very helpful, even though they are not practicing law. Careers mentioned by the placement head were banking, public accounting, and top management in large corporations. To meet this challenge in the job market, the Placement Office plans on having several career days regarding non-traditional areas, with representatives from banking, accounting, insurance, Dr. Ronald F. Bunn, Vice President for Academic Affairs - Korotkin (The Spectrum) UB Administration Expresses Concern For Profs' Late Grades real estate, and other careers available to talk to students. As far as the traditional career by |ay Marlin of practicing law, Koscielniak said there has been an increase in the Labeling the late submitting of number and quality of firms that grades by law professors as "a Buffalo graduates are getting jobs serious problem that is in. "There's no question," said unfortunately not unique to UB Koscielniak, "that our students Law School," Dr. Ronald F. are better received today than Bunn, Vice President for ever before." Academic Affairs, has begun an Carrel said that between inquiry into the grading practices September and April at thelaw school. Bunn indicated it would be approximately 45 interviewers would visit the Placement Office. "premature" to talk about any While principally attracting firms action coming out of his, office to from Buffalo and Western New deal with the recurring problem York, the law. school has hosted until a "careful review" of the interviewers from several of the situation had been made. "The expression of concern district attorney offices in New York City, and firms from that I received from the SBA is Rochester, Syracuse, Pittsburgh, one that I have to take seriously. I've talked to Dean Headrick and even as far away as Alaska. Regarding income levels for once, and I'll be talking to him Buffalo grads once they get their again to get more details and first job, Carrel pointed out that it information' about the problem," was very difficult to make an said Bunn, who said that he was accurate statement for every concerned that a minority of individual, but that the salary faculty members find it range was between "impossible" to get their grades in $10,000-$31,000, with smaller on time. In response to some criticism firms in Buffalo paying $10,000-$12,000 and with top of the SBA for going outside of governmental jobs ranging around the law school to seek aid, Bunn -continued on page eight said, "I think we're all part of this University, and while it is best if each school can solve its own problems, we do often share common problems. I see no reason why any school should be placed in a separate category outside of the University.". As of Tuesday, February 13, the number of outstanding major course grades had been reduced to three, with Professors Schlegel, Joyce and Breger's grades still not submitted. "In a way," said Dean Headrick, "they all .have valid explanations. Professor Breger has had a serious illness in his family; Professor Schlegel is under a deadline for a manuscript that is important to him for tenure; and Professor Joyce has his usual large number of examinations." "It's hard to say whether the response this semester has been better or worse than in previous ones. We seem to have the same number of people who are recidivists when it comes to turning in grades," said the Dean, who indicated he has come under some "fire" for his memo to the faculty inquiring when their grades would be turned in. As far as the SBA going outside the law school on the late grade fssue, the Dean, reflecting for a second before he answered, said, "I guess I share their frustration." "Or. Bunn is sympathetic to my concerns. He recognizes that the particular nature oflaw school grading and exams extenuate the circumstances of a problem that happens all over. But, he's concerned with this problem as is President Ketter," said Headrick. Looking back at the SBA action, Dean Headrick accepted the view that to an extent it was a "slight"" to the law school administration, but he expressed more concern as to the decision-making process which led the SBA to take the action it did. "Students should pay more attention to the question of whether the action they're planning will do them any good will it help them achieve their goal? They must weigh the possible disadvantages, and I'm not sure that in this case they did so," said the Dean. As to what will happen in the future regarding late grades, Dean —continued on page eight — �Vol. 19, No. 9 Feb. 22, 1979 Editor-in-Chief Jason Poliner Inadequacies In Photocopying Cited Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Letters To The Editor To the Editor: Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marlin, Bob Siegel Contributors: Shelly Mayer Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo The new library photocopy machine was supposed to arrive in mid-February. However, there has apparently been a delay in the approval process which the State uses for all such requests. In order to help facilitate the speedy approval of the request for the new copier, the student members of the Faculty-Student Library Committee have sent the attached letter to Mr. Saktidas Roy, Director of University Libraries. Dear Mr. Roy: The student members of the Law School Library Committee wish to advise you of the inadequacy of the photocopying facilities currently servicing the law library. Currently, only one copying machine is operating in the law library. This machine must handle the large volume of material copied every day by the law students. In addition, the machine is used by many other members of the university community and the Improvement In Sight To the Editor: by Mr. Drexelius and another public, who either prefer the cheap cost of the law school machine over the other university copying machines, or who must use the law library machine as part of law-related research. The waiting lines for using the copying machine are often intolerably long. Frequent machine breakdowns seriously hamper the work of the law students. We strongly urge you to support our efforts to have at least one more copying machine installed in the law library. The high volume of materials copied, and the limited financial resources of many students argue against any increase in the copying costs as an alternate solution to the problem. Further, the possibility of limiting use of the machine to law students js, of course, unthinkable. We need a second machine. Thank you for your attention to this matter. We are looking forward to hearing from you student from the Law School. Let This has reference to the letter me assure you that we are taking written by Mr. J.R. Drexelius, Jr. measures to alleviate this problem. published in your paper on I will be able to inform you of the January 25 concerning the use of actions being taken in this regard the Law Library by non-law within the next two weeks. students. Professor Wade We sincerely regret the soon. Newhouse, Director of the Law inconvenience being faced by the Library, has already given me a Law students and hope our copy of Mr. Drexelius's letter. measures when implemented will Please note that the whole matter considerably improve the Tuesday and Wednesday law students will go to the polls is receiving our serious attention. situation. to elect new members of the Student Bar Association, the We have already discussed this Saktidas Roy, Director law student government. Many members of the present problem at a student group of University Libraries board are serving as a result of a special election held in meeting on January 24, attended September 1978. This special election was prompted by the mass resignation of the prior administration. In 1978, three Editorial SBA Office Demands A Serious Commitment • out of four members of the Executive Board (all but the Vice President, Cathy Kaman) resigned. This mass of resignations should be called to mind as another election approaches. In order for the SB A to be effective it is crucial it consist of genuinely concerned students. Students willing to give of their time and energy, not merely willing to litter our school with their good name. We believe the present SBX administration has done much to revitalize student interest and curb student apathy. Those seeking office should recognize there is a moral commitment to serve a full year. Breach of that commitment does a great disservice to the student body. Students are around for a short period of time. In that time they must learn quickly the best means of advancing the student position. Elections followed by resignations destroy the necessary continuity and serve to quiet the student voice. Opinion hopes all law students get out and vote in these elections. Take the time to learn about the candidates and why they feel they are best suited for the job. After you hear their opinion, register your own. R & W Instructors; It's Who You Know To the Editor: I, for one, must take exception to the recent memo reprinted in the February 8 issue of Opinion wherein Professors Greiner and Kaplan attempted to justify the selection process for research and writing instructors. While I believe Professors Greiner and Kaplan were fortunate in choosing a number of talented individuals, I sincerely doubt that such a detailed process, as was described, could ever yield anything except confusion. It clearly appears that the instructors were chosen, and then reasons supporting their selection were developed so as to "justify" the entire process to the stti t—»Z_! jm - amy 2 .<. » ■==_ 5= |_ 1-Jrfj-Ar-"i AT __!_ Opinion __0b JL*e /o frlcano February 22, 1979 __: L_* law school community. What concerns me most is the fact that no set process was employed in hiring these instructors who earn in excess of $1,200 for their semester's work. While all applicants were supposedly instructed to leave a resume and writing sample in the Placement Office, some instructors quite easily may have been selected without even meeting this minimal effort. For those who did comply with the resume/writing sample demand, no established procedures for interviewing and hiring were ever set forth. So while many applicants assumed they were in competition for 1 of 17 places, a number of these positions were Marlin Gets Endorsement To the Editor: _ The student members of the Library Comm. ]. TedDonovan # Richard Ciskal Judy Gische Howard Lipman Stephen Silverstein As second and third year members of the SBA, we would like to give our wholehearted endorsement to Jay Marlin for the position of SBA Vice-president. As a first year director, Jay has proven himself to be very active within the organization, having particularly put a large amount of time in dealing with the late grade problem. It was Jay who drafted the resolutions which were presented to the faculty and it was Jay who drafted the letters to the faculty and to the University administrators. In addition, Jay has been an active member of the Social and Finance Committees, along with being a representative on the Faculty-Student Relations Board. Always present at the meetings until their conclusion, no matter how late they lasted, jay has the good political sense and breadth of political and media experience which we feel is needed in the organization. As Vice President, ~we feel Jay has not only the activist political orientation that the organization needs, but the willingness to translate that into political action, whether that be in the area of alumni relations, faculty selection, admissions policies, or dealing with a host of other areas. We urge all students, and particularly our fellow second and third year students who might not know him that well to vote on election day for Jay Marlin. Tony Leavy G.C. LaForge Sherman Kerner Cathy Kaman Madeline Bernstein Lewis Steele Chairmaine Blssell filled in ways which failed to adhere to any of the supposedly set procedures. Some instructors chosen "were applicants who had been seriously considered" in the past. (Presumeably, they hadn't "measured up" then but now they needed no interview.) Another "was a student wi^h a solid background in teaching (and) an excellent record ..." A third year applicant was invited by Professors Greiner and Kaplan to interview for the position afterall other interviews had been conducted. And still others have admitted to being approached because of their contacts with either Professor Greiner or Professor Kaplan in the classroom. Of course, others who have not been students in either of these professors' classes were at a severe disadvantage before they even applied for the job. I believe the team of Greiner and Kaplan has been extremely successful in hiring many talented people to teach the important legal research and writing classes. In the future, however, I would like to see the selection process become more open and above board right from the very start. That way everyone involved will know what he or she is up against right from the outset. Additionally, I would suggest that all applicants be notified as to the filial decision on their candidacy at the same time. It seems only fair to let each person know the outcome of his or her application at the same time. This year, it created much concern, hardship, and needless worrying when those who had been selected were notified several days before those who were not selected. Name withheldupon request �To The Editor .. . Second Year Director \ Kaman Seeks Directorship; Still Much To Be Done To theEditor: The Student Bar Association has made great strides during my two-year tenure on the board. In two year's time, the organization has evolved from a stagnant, argumentative body into a group board as a third year director. Mike Wiseman R.M. Elardo which now deals effectively and Your vote will enable me to lohn Binseel efficiently withlmportant student continue working for all students concerns and law school during the next 15 months. Thank" problems. you. I believe the board is now a unified, active organization with a Cathy E. Kaman To the Editor: numberof accomplishments it can Just a short letter to remind all students to vote in the SBA elections next Tuesday and Wednesday, February 27 and 28 and to ask each second year, student to thoughtfully consider To theEditor: Library and Mitchell Lecture, as my continuing desire to work for well as through my work on the us as an SBA Boardmember. Tony Leavy's right. An active, On February 27 and 28 I will Law Revue shows. I want very be running for re-election as much to keep representing you energetic, and united SBA Board Secretary of the Student Bar and helping to complete the and student body have Association. I believe that I have revitalization of the Student Bar accomplished much in the short served the students well, as a First Association which began this fall. space of a single semester. Year Director, and this past year Therefore, I ask for your support Honesty has been returned to as Secretary. In addition to my in the election, and your advice student organization's telephone expenditures. Your student work as an SBA Officer, I have and counsel in the coming year. government is more open, more tried to serve the needs of the accessible, and more accountable. students and the law school on Ted Donovan J. A sizeable number of several committees, including the student-faculty committees are operating with a greater appreciation of their potential roles. The student vote in support of the HQDF grading scheme played To the Editor: look at our posters. Each day a a significant role in the initial different one will appear. It will APPC recommendation and your effort to check subsequent faculty vote to retain First of all, we are not in it for that grading system. Faculty the money. We are running them out. members are more aware vof collectively as a demonstration of one hundred flowers student concerns over individual the party spirit. We got tired of lewis rose faculty member's lax and lazy the traditional school campaign*. melanie pierson attitude toward the quick grading All we really want to do in this arthurhall of examinations and papers. letter is to get you to read to the michael Wiseman The* student representatives on end, remember our names, and Sec. Pursues Reelection Remember Our Names Unity There Is Strength" To the Editor: The Student Bar Association has proved this year that it can be effective. I am a first year director, and I have seen the SBA work for students' concerns. Our concern about a possible change in the grading system, the perpetual problem with late grades, and our dissatisfaction with the faculty selection criteria has been vocal and unified. Our unity is what is important. We are able to make the administration take notice of our views on the issues that concern us most directly. I helped coordinate the grade referendum this fall. We had the highest student turnout ever for a vote such as this. The student turnout two weeks ago to discuss faculty selection criteria and Professor Abramovsky was tremendous. The students at UB Law School care about what is going on here, and the SBA has made forums available for students to express their opinions. As a candidate for President of the SBA I would like to make sure this concern and action continues. Many issues have yet to be resolved, and others have yet to be challenged. Many grades are still out. Our effectiveness on faculty-student committees is questionable. We need greater communication with the faculty and the administration. Our meeting with the faculty last Monday to find out exactly what the selection criteria are is representative of the kind of approach I would like to take. I believe we can approach these issues in a logical progressive manner. I believe we should stress emphatically that we will not let any issue drop until we feel we have made our views and suggestions known. I would like to establish a liaison committee with the Placement office. All law students need to be made aware of the services and opportunities available to them through this office. I'd like to have the SBA keep an eye on the situation in the library. The problem of undergraduate overcrowding in the library should be alleviated now that the other libraries have started opening earlier. I hope the solution is as simple as this. If our effectivenss on faculty-student committees is limited, then perhaps we should form adjunct committees of our own, and take our recommendations to the faculty at large, rather than work within their committee structure. What is important is that the student body maintain the level of interest and concern about issues affecting the law school community they have shown this year. Only when we can present a unified' stand can we hope the administration will sit up and take notice of our actions. The cliche is trite but true in unity there is strength, and the administration will find it much more difficult to ignore resolutions and recommendations supported by the entire student body. To maintain the effective leadership the SBA Board has shown this year, we must maintain some continuity. I have been involved in all the major issues we have dealt with this year, as well as some of the day to day business. I would like to contribute to the SBA and the law school by remaining on the SBA Board as President for 1979-1980. I can provide the leadership the SBA requires, and I ask you to vote for me in the upcoming SBA elections. ... Leslie Wolffe mike HP'S* Terr j Rahill Ron Zarowitz Paul fcraelson Restructure Law School "Community" Wolffe: "In - busk point to with pride. Because there is still much to be done and because I believe my two years of experience in dealing with problems and concerns will be helpful in getting things done, I am again seeking a position on the the admissions committee are working to insure a greater number of minority applicants, acceptees, and enrollees. The SBA has strongly supported and encouraged the ad hoc strategy to improve the law school's ability to obtain, maintain, and retain minority students and faculty members. Tony's also correct when he points out that all of us can and should do more in each of these areas as well as in numerous others, so that students will be fully involved and considered in the planning for, development and implementation of the law school's policies and procedures. More specifically, and from my own perspective, now is an appropriate time for the law school to re-evaluate its range of curricular offerings, its traditional mode of instruction, and its present practice of determining grades. Are we satisfied with the existing curricular offerings? Is it sensible and accurate to measure one's understanding of legal theory and practice by a single test? More fundamentally, we should consider realigning our existing SBA and student style which is geared to individual (albeit important) issues, to a focus on the general principle that the law school ought to be a vibrant community of individuals (students and faculty) working, thinking, learning, and speaking together; a community characterized by a mutual understanding of, and respect for each other's values, concerns, ideas and perspectives; a community characterized by a general sharing of authority, responsibility and obligation. Such a community would provide the most efficient mechanism to bring forth an educational institution capable of developing within all of us, a sharper and clearer understanding of ourselves, our work, and each other. Such should be the focus of our community for such understandings provide us with the basis to build legal systems and to assess legal institutions. It is all too clear that such a community does not now exist. Note the generally insignificant role student-faculty committees play in the development and implementation of law school policies and programs; the absence of significant faculty presence and contribution at student sponsored forums and discussions; and the expansive gap between students' legitimate expectations of influence and the faculty's sharing of responsibility over, the development of law school policy and the administration of initial appointment and continuing tenure decisions. The absence of such a community here is understandably explained and not easily changed. To different degrees, all of us are comfortable in our traditional roles. And, to different degrees, all fear the uncertainty and transitional anomie naturally coming from a realignment of existing hierarchical relationships. Nevertheless, if the law school is to take advantage of its potential for growth, simulation, development, and strength, it becomes important for us to work toward the establishment of such a community and with it, the realignment of existing roles. Won't you help? ; ■ Lewis Steele Secretary Donovan Finds Strong Support On SBA To the Editor: We believe that Ted Donovan has done an excellent job as SBA Secretary and deserves to be re-elected in the February 27-28th elections. Ted has contributed as much as anyone has in opening up the SBA to the student body. ■He consistently posted notices of meetings, agendas and minutes so everyone would know what the SBA. was doing. In addition, he has done other things such as putting up the SBA sign outside our door, putting a typewriter in the library and working on getting us copy machines and change machines. Ted has also been actively involved in- the Library, Mitchell-Lecture and Distinguished Visitors Forum Committees and he is presently organizing Law Revue 11. We urge everyone to vote for him. February 22,1979 Tony Leavy MadelineBernstein John Batt Tom Bender Jay Marlin Gladys LaForge CharmaineBlsselt Dwight Wells " ShermanKerner Lewis Steele Opinion 3 �Third Year Director Vice President To the Editor... Treas. Bis sell Announces Her Bid For Reelection To the Editor: I have shown a steady jay Marlin Mike Ray Rosenthal Powers Carol Gardner commitment to this school and its students since I have been here. I was a first year SBA director during the 1977-78 school year, student representative to the Academic Policy and Planning Committee for two years, member of the Distinguished Visitors Forum (DVF),' and student Tony Leavy Lewis Steele Cliff Barry representative to the Minority mike buskus Student Program Committee. As your SBA treasurer, I preside over the finance committee, which determines money allotments to student organizations. It also To the Editor: Ultimately, the problem is news that make headlines, but it is the very important stuff that goes institutional. approves minor budget changes and supervises DVF activities. What student shock tactics can on in the background. Having been very involved as a While SBA has made a good My accomplishments this year first year director in the do is to jolt the system out of its include developing a new SBA fee formulation of the SBA policy complacency and force those in effort to have an influence on the waiver form, straightening out the regarding late grades, and as a charge to deal with real student decision-making process, much "random" selection process used member of the Social and Finance gripes. In a sense it's working more has to be done. Input is one to assign students to classes (the Committees, along with the within the system and it is classic thing we have, but what we need system was biased against out of politics. One need only look at is more output, meaning Faculty-Student Relations Board, state law students), and it was I I am announcing my candidacy the most recent example: influence. Included among these issues who suggested the highly today for Vice President of the Proposition 13. For years, people successful bowling tournament. had been complaining about high are the criteria for the selection of Student Bar Association. I hope that I will'be able to Student governments are funny property taxes, yet nothing was faculty members, the importance continue my services to the creations. Whether it be on the really done about it until the of seeking a more geographically school. I hope that the student high school, college, or law school voters took a fairly radical and ethnically diverse student body will give me a vote of level, active student governments measure (and if you don't think it body, and dealing with the confidence to the work I am attempt to accomplish things on was radical you should have heard continual problem of late grades. doing by re-electing me to the behalf of their constituents with Jerry Brown before the vote), We should also seek a solution office of SBA treasurer. largely mythical powers (we called voted overwhelmingly for it and to the overuse of the library by them ,paper tigers in Torts), in caused every politician to take non-law students during exam CharmaineBissell conjunction with, sometimes notice and to deal with it. period, and insure (as they did in SBA Treasurer working with, and often fighting But, this jolt has to be part of a the mcd school), thai never again with administrators and faculty two step process, because jolts to will we have such a late and who know that sooner or later the system are for naught unless absurd spring break. (Mcd School (and usually sooner), student they can be followed up with voted to change theirs to the energies will expend themselves or some constructive and immediate middle of March.)7 ■ Besides being the foci for the troublesome students will implementation of reforms that simply graduate. will be institutionalized and last student input into the beyond the" immediate cause of decision-making process, the SBA Time is always on their side.So, student governments try to outrage. has a special responsibility to sometimes This is a unique law school. foster a better social atmosphere accomplish ends To the Editor: Located in the western tundra of and this it should continue to do guidance and increased with more success than others I would like to take this communication between faculty by alternating cajoling, logically New York State, sequestered in by its parties and special events. We often forget we're part of a opportunity to introduce myself and students. arguing, and occasionally our own self-contained building to the members of the first year Likewise, I would like to sec threatening to mobolize the (except for the unavoidable visits greater University setting. It to Norton cafeteria) we have an would be to our benefit to class and ask your support. ! am the functioning of the "student body." Sometimes, trying to work intimacy among students, faculty, establish links with administrators running for the position of second Committees be as active as year director. I realize many of possible, making much use of the through the system turns us into and administrators that I think is outside the law school and you do not know me, but I look diversity of talents among the acquiescent head nodders rare in a University setting. student organizations outside the forward to meeting you and students through their direct always trying to be fair, always Go up to the third floor and law school, including SASU, the representing you because I feel participation. Particularly in areas trying to give administrators and the doors to Wallin's, Canfield's, Student Association of the State the people here and the diversity directly affecting the students, faculty the benefit of the doubt. and even the Dean's office are University. that they bring with them to law such as Admissions and Records, We don't want to be unfair or usually wide open. If you have a I would like to see the External school is one of the best parts of Budgeting, Library, Promotion imprudent. We want to appear to gripe, you can get it across Affairs Committee, of which the/ immediately. This openness is to Vice President is chairman, do this school. and Tenure, the input of the be responsible. The SBA, I feel, has been students is critical. Besides Working through the system be appreciated. In my short stay this. The Committee should also active and effective this year and I establishing active committees, often means, "if you agree with here I have found many of the would like to help continue this however, we must provide for us, we will letyou participate, but faculty to have that same open seek to establish stronger ties they may not agree, between the alumni and the law' trend. I don't have any catchy better communication between if you don't agree then your attitude school. There is a lot of good will phrases for you, only a sincere the committees and the SBA and opinion either doesn't matter or is but they are willing to listen. promise to work very hard to the committees and students. simply superfluous," the Student government at the law out there in the alumni which we' represent you and to help the Committees working in isolation Abramovsky case being a recent school exists within the Student should try to tap. Their help in are generally ineffective and example. Those in charge make Bar Association. Under the good the job market could be a plus to SBA and the law school. the rules and make the rules call. and active leadership of Tony all of us who will soon be out The Political process is unproductive. basically alien to my nature, Not just in relation to We can participate as long as we Leavy, the SBA has tried to assert there looking. however, I have decided to run, committees, but in all areas, abide by those rules. greater student influence into the Through the External Affairs But once in a while, the decision-making process. prompted by several people communication is critical. Active Committee, I would like to see a From the grade referendum to study done on the impact of a familiar with my efforts on the representation on the SBA can be frustration builds up and students Student Life Committee. In an effective aid to communication on those rare occasions come focusing attention on the matter tuition rise at the law school and essence, what I am offering you is between students, faculty, together on some easy common of late grades and actually trying see what, ifanything, can be done a lot of hard work on your behalf administration and the issue and lash out whether it be to do something about it, from an to forestall the proposed increase. and a receptive audience for your community. It's easy to become a student strike, picketing, or affirmative action policy on With a greater knowledge and complaints and problems. I think isolated in this atmosphere, but it vying for press attention. Ask any appointments to University understanding of how this law the SBA has shown it can be is also dangerous; we must keep administrator and the one thing committees, to the concern shown school operates and' with the effective and with hard work and 'the lines of communication open. they hate the most is outside press for the selection procedures of knowledge that during this past creativity we can make it even The SBA can and should be an coverage, which might present faculty, this organization has tried year we have made a good start more effective. effective way of aiding this them in an unfavorable light at to institutionalize student input (but only a start) towards having I would like to continue to communication. I ask your the least, or incapable of handling and influence into the very areas the type of influence that we where we have legitimate deserve to have, I ask for ypu work toward some of the goals support in allowing me to work thesituation at worst. Student strikes, picketing, etc. concerns. we've been attempting to isolate toward these goals. Thank you. advice and support on election have their limitations. The 60's -> Working to create a political day. on the Student Life Committee,' Elaine K. Moskal and early 70's showed us that. infrastructure is not the type of Jay MarlIn particularly in terms of career Election time is coming up again. I, Charmaine Bissell, your SBA treasurer, am running for re-election. Why, you may ask, am I running for the same office? The truth is I have been in office only since October 1978, when I was elected in a special election. I've just gotten familiar with the office and financial arrangements, and now it is time for the student body to elect new officers and directors. To do the job right, I will have to be re-elected for a full term. Even though I have been in office a short time, I feel that I am best qualified for the job. There has been little treasury work these last four months, but I have developed a good working relationship with the SBA board and most importantly with the organizations the SBA funds, Sub Board I, and the U.B. Division of Student Affairs. The real work for treasurer will come this spring when the SBA budget will have to be drawn up. My background in financial management will be beneficial at that time. It includes being a job analyst for the city of Louisville, Ky. . Moskal On Student Life: Communication Is The Key - - — — - 4 Opinion Febniwy - V.P. Candidate: SBA Can Do More 22, 1979 �Do Not Pass Go Dept. Parker Bros. Creates MONOPOLY For Lawyers by Bill Brooks If, A friend told me that Parker Brothers placed a new game on the market called Monopoly for Lawyers. Curiosity got the better of me and I decided to take a look. Went to a place where there are 148 board games, including Monopoly in five languages, seven law reporters, 50 hornbooks, and subscriptions to Newsweek, Time, New York and four other Mike Buskus' living magazines room. Probably the biggest difference between the new Monopoly and the one we all know is that now all monopolies are illegal. Naturally, The Sherman Anti-Turst Act and all that. This doesn't mean monopolies don't exist. The players just have to be a little creative. Team up with someone else to form an interlocking directorate or a vertical combination. You can double the rent, but can't build. Or gamble a bit and buy three of the same color-Then build houses and hotels. However, you're out of luck if you pick up a Chance card that says "Justice — Department investigates you." means financial ruin. A player pays an exhorbitant civil penalty and must sell most of his property to raise the money. Of course a player can settle but this doesn't help him much. Everything he's got goes for attorney fees. This because of the anti-monopoly provision, a player no longer tries for Boardwalk and - Park Place or the three greens, he now seeks to land on the utilities. Owning these properties is a giant step toward winning the game. A utility owner can charge just about anyyhing he wants. All that needs to be done is an announcement of an intention to raise the rates and an application to the Public Service Commission. A roll of the dice follows and if the dice comes up 1 to 11, the increase is granted. A 12 and the player is out of luck until the next turn. Last game I played the owner of the Electric Company was charging 47 times the roll of the dice. My immediate reaction to such a rule was that everyone was at the mercy of the utilities and they could, and would, charge unconscionable rates. I wrote the owner of Parker Brothers expressing my concern. "I know," he replied, "we're trying to make the game as realistic as possible." No longer are there any "Get out of jail free" cards. Now in addition to rolling a double, a player can abscond from the penitentiary by drawing any one of the following cards: A Miranda card: "You were sent to jail without an officer reading you your Miranda — counsel. Get out of jail. (Plenty ot these cards. Like the president of Parker Brothers said ...); A Mapp card: You were subject to an unreasonable search ~ and seizu re. These cards dofr't necessarily get you out of the slammer. An opposing player can keep you in if he has a Francis v. Henderson or Wainwright v. Sykes card: "You've waived your right to contest any constitutional violation chump. Stay in jail." The game has other changes. Forget about picking up a Community Chest card that says "Bank error in your favor collect $200." It's now "Bank rights..."; An Escobedo. card: "You did error in their favor, pay $200 and not have effective assistance of an additional $50 penalty." * . - sud /7\ BOARD I property twice and for one reason or another, the landlord doesn't charge him rent, (most likely the landlord has explanation had a bit to smoke and he doesn't realize or care what's taking place), the landor keeps the property. Adverse possession. These are only a few of the changes. Trying to make the game as realistic as possible Parker Brothers made so many rules and regulations, the game is nearly - incomprehensable. Eventually though one is able to weave through it all and the game progresses nicely. Unfortunately, this article doesn't progress as well and I'm stuck without an ending. That's life I guess. r corporation Sub-Board I is a not-for profit operated'by rtudentt. We are fun«J«d through activity fee monies from your student governments. With these monies we provide I I Whenever a player passes Go he still collects $200. However, 25% of it goes to Free Parking in the form of taxes. And of course most of what you receive for landing on Free Parking also is taxed Windfall. Pennsylvania Railroad is not the most advantageous piece of property to own. In fact no one wants to buy it so the first person to land on it three times is stuck. This person can expect financial ruin as the Railroad will eventually go bankrupt. Unless this unlucky participant owns about Vi of the board, no amount of mortgaging will halt his indebtedness. He is soon out of the game. If a person lands on a piece of kI I" Ik. I It INK Nl V^ I ~ L-r I ■ ~ V*» VI w^ , * * the SUNY 01 Ouffolo student service corporation various activities and services of benefit to yQu Upcoming Events UUAD . Films: • Fri, and Sat., Feh. 23, 24 The Harder They Come Sat. and Sun., Feb 24, 25 Straight Time Coffeehouse: Sat., Feb 24' Margaret MacArthur Publications - Rathskellar -- - - Worlds Creative literary magazine next issue Tuesday, Feb. 27. 1979 Sub Board Calendar available now at various campus locations. month Special Interest Publications several publications will be out this printed stationery and wedding Resumes, announcements University Press low prices! 361 Squire Hall. Health Care Division - Health Care Division - Sexuality Education Center Private counseling and assistance available Hall. Pharmacy Health Service's prescriptions filled D25 Michael - - Squire/Am herst Division -- - - all at low prices! 361 Squire Hall, 261 Squire Hall. - Squire Hall. Group Legal Services Lawyers and Aides available for consultation 344 •• 342 Hall Squirei Visit new home next semester? Off-Campus Housing Searching for a Browsing Library/Music Room relax with music and books 259 Squire Hall, 167 MFAC. j Ticket Office Tickets for Santana, Mangione, and more on sale in Squire Hall. - - - February 22, 1979 Opinion 5 �Culinary Counsel You Can Always Try Wingin' It With A Chicken careful not to cut your hand), cut each chicken breast in half, lengthwise, so they are half as thick as they were to start. Then pound them even thinner using a wooden mallet (or gavel). Beat the egg in a shallow bowl, 2 lbs. chicken parts (legs, breasts, thighs and wings) and place the breadcrumbs in another. Dip each cutlet into the 1/3 cup oil egg and coat well on both sides. 1 tablespoon lemon juice Then lift out, let the excess run 1 tablespoon oregano garlic powder, salt and pepper off and drop it into the Grandma never measures anything. So the best I can do is give you approximations of the ingredients and you'll have to experiment on your own. ' to taste by Paul Suozzi sides, or a large saucepan, brown the chicken in the oil and butter. Add the onion and garlic and saute about 5 minutes. Puree the tomatoes in a blender or food mill. Add to the Chicken Cacciatore/ skillet and simmer about 25 from MarianneSuozzi minutes, until the chicken is Cacciatore means hunter in tender. It should practically fall Italian, so this is chicken, hunter's off the bones when it is done. style. (That doesn't mean Italians Serve with a side dish of spaghetti hunt chickens. They use this type topped with the sauce from the of sauce when cooking game.) skillet. dish with sauce, then put down the cutlets. Cover well with sauce and sprinkle with cheese. Bake at 350 degrees, about 30 minutes. It's as good as veal. First rinse the chicken and Lately, it seems to be getting remove the skin. Pat the.chicken more and more difficultfor me to dry with a paper towel. Mix all come up with ideas for this the other ingredients in a baking column. It may be the dinners I've pan. Take each piece of chicken been eating with more frequency and coat it well with the mixture at Norton Cafeteria have begun to (on both sides). Arrange the take their toll, and are stifling my chicken in the baking pan and creativity. Perhaps senioritis. has bake at 375 degrees for about an found its way to the newsroom hour. and I just don't care any longer. Could it be I've peaked early in Chicken Murphy/from my career and begun a premature Marianne Suozzi ' slide? In any case, I found myself A 3-4 Ib. frier should serve with a deadline and no topic to about 6. 3-4 Ib. frier, cut up tantalize the tastebuds. Back against the wall, I chose the only 3 tablespoons buiter course available to a man faced !4 cup oil with a desperate situation I 2 large cloves garlic called my mother. 4 hot cherry peppers, opened As I related my woeful state to and seeds removed \ her, I. remembered my breadcrumbs. Coat each cutlet In a skillet with high sides, or a evenly with the breadcrumbs. grandmother had given me a recipe for her famous baked large saucepan, brown the chicken Heat the oil very hot in a frying pan and brown each cutlet on both sides. Don't put too many pieces in at once, since this will lower the heat and cause the cutlets to absorb the oil. Cover the bottom of a baking - - amy jo - well in the oil and butter. Add the garlic (either whole, so you can discard it later, or cut up) and saute until brown. Turn down the heat and steam about 25 minutes, until almost tender. Add the cherry peppers, cover and steam another ten minutes. Baked Chicken Parts/from Grandma Helen DeNicola Chicken Cutlet Parmigiano/ from Marianne Suozzi This recipe is a favorite among This is a great substitute for the grandchildren. All our veal cutlet (which is now only ■~» have tried to duplicate it served to high ranking Chinese without success. We have even officials). accused Grandma of holding out on us not telling us all the 4 boneless chicken breasts 1 egg ingredients or hiding a step in the process. She assures me this is the breadcrumbs (seasoned) way she does it, and I don't Vi cup olive oil believe she would consciously Vi Ib. mozarella cheese, grated .-1 hold anything Jaack. But, I can't 3 cups of your favorite tomato guarantee it will taste as good as sauce hers it never does. Using a sharp knife (and being. Part of the problem here is — 6 Opinion February 22, 1979 In a large skillet with high Well, with the help of my mentors I've been able to make it through another week. The next one is still in doubt. I'd really appreciate some ideas from my readers, so I can respond to your tastes and not just my own. Please drop me a note (or a recipe!), in* the Opinion office, Room 623. fricano chicken. With that as a start, mom quickly supplied me with the material to fill up the better part of a page. It just so happens these are some of my favorite dishes too. They aren't very fancy, but they are easy to fix and the taste delizioso! - 3-4 Ib. frier, cut up 3 tablespoons butter % cup oil 1 large onion, chopped 1 large garlic clove 1 Ib. can whole tomatoes 1 Vb" fl II ■a Get an early start on New York Practice and Procedure (CPLR) and get an early start on the' New York Bar Exam. #H H^^A m# I H^w^^^P It W II wm HI IC^^ Prof. Younger's course on New YorkPractice Jive in New York City and on audio- or videotape in locations throughout the United States. For further information, contact your local BAR/BRI representative, or: [ '■■ A .^^_. am V ■ Ml ■■ ■■ WM ■ -~^^^^^+ MMM Mmr ■Si^^^H w'" ** °fferec' BAR/BRI (New York Bar Review) 401 Avenue, Suite 62 New York, New York 10001 212/594-3696 The CPLR: An In-Depth Analysis DateiTues., Time: Free Introductory Lecture Place: Feb. 27 Wed., Feb. 28 3:30 5:30 Rm. ios Rm. 109 �Short Relief Soviets Teamwork Defeats An Embarrassed NHL forgotten the hundreds of millions of dollars that go into college and pre-college athletics in this country each year. They evidently feel1 that every time a Dorothy Hamill comes out of the by Maria Colavito To many Americans, sports is a microcosm of life (although to some real diehards, life is merely a form of sport). Because of this, a lot of people in this country can get very ideologically involved with sports. This phenomenon is most evident when you watch the Olympics. Every time another Russian or East German wins an event, millions of Americans (Jim McKay leads the parade) revert to Reader's Digest polemics and see it as the beginning of the end of democracy and another warning sign of spreading totalitarianism. To underscore the point, U.S. losses are inevitably accompanied by incessant apologies for ou^r poor * performance justified by moans and groans about the sore lack of training facilities (after all, every country should have at least a dozen Olympic bobsled runs) and lack of subsidies for athletes (wait until Howard Jarvis gets a hold of that idea). I for one found all this financial lobbying to be the real low point of the last winter Olympics (followed close, very close, behind by Pierre Salinger going through his mid-life crisis right before my eyes). I couldn't help thinking that the commentators making these remarks had conveniently one or the other was more likely^ traditional fanfare associated with our style of hockey and little room for any one player to try to dominate the game, or even one play. Why hockey fans find this objectionable is beyond me. I am as "highly individualistic".and'as sure such technical perfection allowing for the individual might be boring to people who accomplishment of a few like to see one brilliant slap of a luminaries. The Soviet style has hockey puck from center ice to been called tight and disciplined; goal during a season and having One local newspaper said that the seen it feel they have gotten their Soviets had been reduced to big, moneys worth on a season ticket. red automatons. I'm no hockey But_few can deny that the Russian expert but what I have seen has team simply out-played the NHL convinced me that hockey is and generally embarrassed the indeed meant to be a team sport. best we had to offer. Less than The Soviets play as a team, half an hour into the'second game passing frequently for the most the NHL team held a 4-2 lead but efficient playmaking and goal from that point onward, the scoring. There is .little of the Soviets dominated the ice, scoring to say something about you as a person than your respective political sympathies might. The NHL style of hockey has been euphemistically referred to woodwork she should be taken from the bosom of her family and spirited off to a total-skating community where she can train all day and watch Sonja Henjie movies all night, courtesy of the taxpayers. In ariy case, the idea of a hockey series which would pit the best the NHL has to offer with a team from the Soviet Union is enough to stir the blood of even the most weary nationalist, not to mention hockey fan. The West, represented by the NHL, had visions of a stunning victory over the East, represented by the Soviets. After all, you would be hard put to find a group of athletes who take themselves, and their sport, more seriously than the players of the National Hockey League (how many other athletes would run the risk of destroying the possibility of lucrative post-retirement broadcasting careers just for the satisfaction to be achieved by taking a swing at a guy who they know is going to get back at them by breaking their nose the first chance he gets?). Despite all this, however (absent a Jesse Owens winning an Olympic event in front of an Tom Bender, Jim Maloy and John Batt prove that bowling for beer is Adolph Hitler), once the sports arena fills with fans and players and play gets underway, politics takes a back seat, and the NHL-Russian series bore this out. Once the play had started it became apparent the competition was not so much between by Mike Buskus simultaneously because the differing political ideologies as it The Student Bar Association automatic scorers at Transit Lanes was between differing styles and sponsored a bowling tournament are only programmed to score six approaches to the sport of Sunday night, February 11 at persons per frame. The on hockey. And your preference for Transit Lanes. The event attracted overbooking of the alleys meant 56 law students, comprising 14 that either some teams would four-person teams, even though it have to wait (perhaps up to was one of the coldest nights of several hours) or else some teams the winter. would be split up with two The idea for the bowling night persons bowling on one lane and came from Ken Patricia, Ricky two bowling on another. Samuel and Charmaine Bissell. John Bait, directing the SBA Director Gladys LaForge tournament, decided it would be 1976-77 Davidson, 1977-78 coordinated reservations with preferable to start the bowling Katz. Last year, the category of Transit Lanes. SBA advertised the right'away rather than wait for "Mister Congeniality" was added event with posters and signs. John new alleys to open up. Apparently that law professor with whom Batt recruited a number of teams everyone agreed with John's you would most enjoy attending a for the tournament. decision and the tournament got dirty movie (with no points added The bowling, which was under way as scheduled. or subtracted for what might scheduled to begin at 10:00 p.m., In between beers, sodas and happen on the way home). The got off to a slow start. Through winner was Atleson. some mix-up, the alley had only other refreshments, the bowling This year, the Committee reserved 8 lanes for 14 teams. tournament continued until 2:00 a.m. would like ideas and suggestions Two four-person teams could not alley on the same Tournament honors for high for the two existing categories, as bowl well as any new, special categories which would add depth and/or justice to the competition. Within twenty-four hours of this notice, a box, stolen from a "prominent" student organization The New York State Bar throat of a person ip such a especially for this event, will be available in the 2nd floor student Association's Committee on manner that the person's post office/lounge for students Public Health has thrown its breathing is severely inhibited." and faculty to deposit their support behind a bill that would The bill further requires that suggestions. It will be available for require restaurants to display first the Commissioner's instructions aid instructions for choking be displayed in a prominent place one week. Winners will be announced at emergencies. in all public eating establishments The proposed law, sponsored so that employees and customers the Annual Law Revue Show. Knorr of may readily refer to them in the The NLPC is an elitist by Senator Martin organization and all decisions of New York City, would require the event of a choking emergency. the Committee are final and not State Commissioner of Health to According to the bill, no one is open to review. We are an develop instructions for first aid UNEQUAL OPPORTUNITY techniques to be -used in obligated to render help in such OPERATION. "removing food lodged in the emergencies. But persons assisting ' Nude Law Professor Committee Special Announcement! OYEZ! OYEZ! All rise to the occasion. Upon appropriate motion and approval by the Executive Committee, the NLPC is pleased to make this public announcement of a change in its traditional policy. WHILE, in the past, no outside input has been sought or accepted, BE IT HEREBY KNOWN TO ALL law students and faculty, the 3RD Annual Mude Law Professor competition is seeking nominations and suggestions for this year's awards. Originally, the only contest was for the Number One body, plus three runners up. Decisions were based on the visualization (or, in rare instances, the actual view) of law professors' bodies, the guiding criterion being to think of the person with a' brown paper bag over his/her head. No points are added for intelligence, personality, sense of humor, humaneness, warmth, etc. The most recent winners were: nine goals and preventing the NHL from scoring again, to take the series two games to one. I don't know whether the events of last week will inspire the National Hockey League to stress team play more or whether it will lead the Soviets to the martial arts in their training program. One thing is for sure, both sides in this struggle take the whole thing very seriously. In fact, before the Soviets came to town, one NHL official said that if the NHL didn't win the series, the League might as well cash in the remainder of its season and give the Stanley Cup to the Russians. I wonder what is the safest way to ship something like the Stanley Cup to Moscow? more fun than bowling for dollars. Recent SBA Bowling Tournament Attracts Large Student Turnout Nude Prof Committee Seeks Nominations (NLPC) i - single game went to Jack Rogowski, who rolled a 224. Larry Ross capped top honors for a high set with a 590, while barely •*■ missing high game with a 222. Rogowski had the second highest set with a 504. Dennis Harkawik tallied a 488 set. The highest team score (731) was chalked up by the foursome of Jack Rogowski, Carl Barone, Kevin Schenk and Tom Pardini. The team of Ken Patricia, Ricky Samuel, Rob Gurbacki and Horace Gioia placed second with a 704 set. Larry Ross, Howie Kadin, Bill Brooks and Jeremy Nowak combined their scores for a 702 set. Special honors for. lowest scores went to Debbie Humphrey and Carol Gardner, who tied for this award with a 49. Prizes including pizzas and a pitcher of beer will be furnished by the SBA at a later date. . Help On The Way For Choking Victims i^ February 22, choking victims will not be liable for any damages, unless the aid is provided in a grossly negligent fashion. "This bill is the public interest," said Barry A. Gold of Albany, Chairman of the State Bar's Public Health Committee, "since many deaths in restaurants are attributable to choking. If this bill is enacted, the first aid instructions will be readily available to anyone wanting to help a person in distress." 1979 Opinion 7 *^( v �Legal Placement In a Tightening Job Market Associate Director of Placement, Audrey Koscielniak — mike Shapiro —continued from page one the $18,000-$ 19,000level. Concern was expressed by both Carrel and Koscielniak that not enough students appreciate what the Placement Office can do for them, and that not enough students have taken advantage of the services offered by that office. "A lot less students have come to us than I hoped would come to us. They have no idea how helpful this office can be and what facilities we can offer," said Carrel. "First year students should become aware of us. We plan on holding a seminar with first year students regarding placement in High Court Examines Late Grades —continued from page one Headrick said, "It is possible that Dr. Bunn will meet the faculty on a number of issues that will include this problem, and he can use all his persuasive powers in this area. It seems to me that we are going to go through the same thing every year or change the rules." One who has not been happy with either the late submitting of grades or the SBA action has been William Greiner, professor and associate dean. "It worries me if you don't have the grades in for the first year courses. The biggest problem is that first semester for first year students, who have a real anxiety problem and are wondering how they did," said Greiner. While feeling that the faculty has done "reasonably well" to have only three grades outstanding at this point in the semester, Greiner also indicated a "concern" about the need for grades to be submitted on time for second year students, who are in the process of sending out resumes. What did not escape his anger were the actions of the SBA in seeking aid outside of the law school, which Greiner termed "a capital bad judgment." "Sending this issue around the produced campus absolutely nothing. The SBA could have stuck to doing things internally, for example by posting the names of professors on a daily basis or sending people to see the professors.' There were better ways to get things done," said an obviously upset Greiner. Meanwhile, in the SBA office SBA President Tony Leavy indicated that he had not received any substantial response from the faculty on the SBA action in going to Dr. Bunn and Dr. Gilbert Moore, University Dean for the Division of Graduate and Professional Education. "We have not gotten a response to our letters to the Deans which I think is kind of rude since they were sent out more than two weeks ago. It would be nice to hear from them," said Leavy. According to Dr. Bunn, a letter to Leavy and the SBA should be sent to the organization within the next several days. As far as response from the faculty to the letters sent to the faculty by the SBA publicizing those who had not turned in their grades, Leavy said there was not much of a response except from Professor Katz, who, said Leavy, "Told me that if we were going to hold him to our deadline (what, in fact is their own deadline, said Leavy), then he would reconsider giving extra time for some papers." "And," said the soon departing President, "I talked to Professor Hyman who was mentioned in an unflattering way in an article in The Spectrum. The professor was not bothered by it at all, and said that he thought we were right in pushing the issue." "One of the issues people are missing is that we'd work with them if they (faculty) wanted to change the rule. The four week deadline is arbitrary and we would be willing to seek a workable, flexible compromise, but no one has taken us up on that," said 10th National Women and the Law Conference March 29 April 1 University of Texas School of Law San Antonio, Texas Fee: $20 for students - -. Registration must be postmarked by March 1 to avoid late fee of $10. Contact: Candy Appleton 833-2075. 8 Opinion February 22, 1979 . Leavy. Finally, Leavy indicated an appreciation for the efforts of Dean Headrick. Said Leavy, "We do thank the Dean for his efforts and concern. He didn't have to come out with the memo. But, you have to look at the results, and trie result was that they didn't respond to his memo which eventually led to our own action." general. They should start registering with the Placement Office, and keep their eyes open to the future by taking occasional glances at the job board to see what's out in the market," suggested Koscielniak. "We're really anxious to help every student find a job that he or she wants Jo do," said Carrel. "We can even help people who are interested in going to other areas of the country to practice. We can get people in contact with our alumni, and through the National Office of Law Placement, other Placement Offices throughout the country will be open to our students," added Carrel. In reference to sufficient funding and personnel to do the job he has envisioned for the Placement Office, Carrel said that while Dean Headrick has given every support he can give, as a University controlled by the State, the Placement Office has been limited in a number of ways, 'but has made maximum use of what's been allowed. In the area of improvements within the Placement Office, Koscielniak listed improvement of reference books and articles on the job market, running career days better, and trying to bring in local attorneys to talk with students. Additionally, the office will be conducting a workshop on resume preparation and interviewing techniques, and will soon be publishing a placement brochure which will be sent to firms and alumni, outlining positive information about the law school. "The key to the Placement Office is strong alumni support. Alumni organizations in New York Crty, Washington, Albany, and Rochester are becoming much more active, and we are hoping within the next year to send a newsletter to alumni. Also, we want to conduct more local programs such as the sports convocation we had in the fall, which was very successful," said Carrel. "One thing I wish people would realize around here is that the quality of the law students is better than \l ever was before. Every student," said Carrel, "who leaves here is an advertisement for the school. But it's no longer easy to get a job. It involves a lot of work by the students. At the same time, we are trying to get better at our jobs, so we can serve those students better." ta/fcff 1979 MULTISTATE BOOKS ARE HERE Steve Rubin, asst. director, BARBRI will be here to answer any questions concerning the 1979 New York Bar Exam or the 1979 BARBRI Bar Review Course. Book Distribution Day is Tuesday, February 27. All 1979 and 1980 Graduates who have paid OR wish to pay their $100 Deposit may pick up their 1979 Multlstate Volume Anyone Who Has Received a 1978 Multlstate Volume must return It before receiving a 1979 Volume. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-02-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/22/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/02faa47b61b77d5ef51a738941f6b91c.pdf 5e425b9ff30ec03cb7416977927145a9 PDF Text Text Non-Profit Organization US. Postage PAID Buffalo, New York Permit No. 708 Opinion Volume 19, Number 8 State University of New York at Buffalo School of Law Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 February 8,1979 Computerised Research LEXIS Arrives In Library by Mike Buskus sophisticated as those presently in in the instructional chain. Ohio State even offers Legal research can now be All ( the schools introduced "refresher" courses to users whose done electronically thanks to LEXIS with a series of training search techniques are rusty. Most computerized systems such as sessions. Various methods were of the law schools utilizing LEXIS LEXIS, WESTLAW, JURIS and tried, but the most successful reported that user proficiency others. These research systems efforts combined a general increased after students applied utilize remote terminals theoretical explanation of LEXIS to a variety of research resembling typewriters which are computer data retrieval methods problems. connected by telephone lines to with individualized An important feature centralized computers with demonstrations or small group distinguishing LEXIS from other "libraries" in the memory banks. instruction. One school reported computerized systems such as The Charles B. Sears Law that the best results were obtained WESTLAW is that LEXIS is a Library at UB Law School now when the "hands-on" training "full text", "interactive" system. has; LEXIS, the legal: research sessions were conducted soon It includes the complete computer marketed by MeadDate after the general theoretical word-for-word text of all cases Central. overview. within its memory. Every word "The present; version"of LEXIS ■ ; Other methods of instruction printed in the official report of j* an updated and modified form in LEXIS use have produced United States Reports, including of OBAR, the Ohio Bar varied results. Mead Data supplied the syllabus of decision and names Automated Research system a ''black box'1 of counsel, is included in a pioneered by Mead Data in 1971. programmed-instruction system to "segment" of the LEXIS data The OBAR computer was first the University of Missouri at base. In contrast, WESTLAW tested at Case Western Reserve Kansas City. This device plugged relies upon digests of cases Law School in Cleveland. The into the regular LEXIS terminal. garnered from the West's research capabilities of the system Similar in function to headnote system. Thus, whereas originajly limited to Ohio "programmed" textbooks, it WESTLAW pre-indexes case statutory and decisional law. utilized a set of canned questions extracts according to its Later expansion of the "libraries" and answers to familiarize users established digesting system, added United States Supreme with the operations of LEXIS. LEXIS neither furnishes nor Court decisions after 1938 and Repeated mechanical breakdowns imposes an indexing system. Circuit Court cases decided after limited its effectiveness, however. LEXIS is accessible through a 1945. District Court and Court of LEXIS now features a series of key word system. Searches are Claims cases are also included) as videotaped instructional lectures. conducted by linking search are a -growing number of state These tapes, authored by Mead words (e.g. "automobile", decisions. Data President Jerome S. Rubin "negligence", "bicycle") with LEXIS 1 modern terminal and other employees of Mead, appropriate connectors (e.g. resembles a standard computer explain the theory of Boolean "and", "or"). The manipulation keyboard, coupled with a cathode logic and demonstrate it with of keywords and appropriate ray tube (CRT) video display. specific research problems. connectors generates a response Complementing the installation is Training sessions conducted by from the CRT indicating how a line printer for paper copies of LEXIS salespeople or trained many cases have "satisfied"* the retrieved information. A librarians emphasize strategy and search request. The researcher can telephone line allows for data efficiency in searching for relevant then reformulate the search transmission to Mead's centralized authorities. Initial results at the request if too many or too few computer in Dayton, Ohio. Ohio law schools disclosed that cases are retrieved. In addition, a Mead Data substantially revised second and third-hand instruction KWIC (key word in context) the "software" (programming) in was less efficient than training by display shows a portion of the 1974, while simultaneously librarians. The spectrum of search text of discovered cases to expanding the variety and methods diminished at each link —continued on page twelve time-span of "libraries" available. By the time of this revision, three other Ohio law schools (Cleveland State, Ohio Northern and Cincinnati) had acquired the system. OBAR was renamed LEXIS as nationwide availability of this system was planned. VV aide Sue Kushner with The four Ohio law schools with the most experience in LEXIS LEXIS report that student response to this new research tool has generally been enthusiastic. In contrast, faculty interest has been somewhat less intense. When the computerized system was introduced at Case Western, little attention was given to training users in the theory of computerized data retrieval. Instead, most efforts by Mead revolved around ironing out technical bugs in the system and expanding the number of "libraries". Even the data terminal used at Case Western was not as use. Students turn out to support Prof. Abramovsky -Michael shaplm SBA Meeting Held On Prof's Fate by Paul Bumbalo On Tuesday, February 1, the Student Bar Association(SßA) held a meeting to discuss the fate of Professor Abraham Abramovsky at the law school and general selection criteria for faculty members. The issue of Professor Abramovsky's appointment moot, became however, Friday, February 2, when he requested the SBA not raise the issue during a full faculty meeting to be held later that day. The fact that approximately 100 students attended the/SBA meeting in order to provide student input, indicates the significance the- student body places on appointment decisions. All of the students were deeply concerned that their interests were not being adequately reflected by the selection criteria applied the by Faculty Appointments Committee. Doubts were expressed as to whether the faculty was assigning proper weight to the various considerations which go into appointment decisions. Second year student Jerry McGreer's comments concerning the qualification of Abramovsky are indicative of what the majority of students feel should be the proper considerations in making a faculty appointment. "The ability to keep students' attention, good teaching methods, informing students how things are in real life not just in theory, creating an atmosphere conducive to learning, and preparing students for a future beyond this," McGreer said were important considerations. The concerns of the faculty include the interest of the students but are not limited to them. When making an decision, appointment institutional concerns must be Considered. The continued viability of the law school as an educational institution depends on many factors including: the schools' reputation, the quality of the faculty in terms of publications and teaching ability, the quality of its graduating students and the quality of its incoming students. "Additional concerns are whether the teacher ill fit in with the faculty, the image of the school and the bringing in of people to enhance that image," Tony Leavy, SBA president said during the meeting. Late Friday afternoon whan Abramovsky's request became known, there were feelings of surprise, helplessness and frustration. Anger was also evident on the faces ofmany law students. A great deal of effort was expanded by many students to clearly express their views. There was a high level of student participation at the SBA meeting in the form of proposals to student effectively promote interests. Some of the suggestions were: going to the' legal community to inform it as to the events of the past week, calling a strike where students would refuse to attend classes and openly informing individual faculty members of what the sutdents feel are in their best >, interests. ' ' ' were. - -mlchoelShapiro �Vol. 19, No. 8 • Editor-in-Chief Jason Poliner Feb. 8,1979 Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: j.R. Drexelius Staff: Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marlin, Bob Siegel Contributors: Dwight Wells Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff iof OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial In Re Abramovsky Students Are Ignored Letters To The Editor Batt Goes To Bat For Battered To the Editor: Ah yes, once again thevoice of cries- out in the wilderness. "The grading system stinks. We'll take our chances at getting a C rather than put up with the mediocrity of a Q!" Well, I've been here almost three years and I say, "Three cheers for the grading system!!" To the newcomers, the advantages of the grading system might not be obvious. I thought I might offer a few I have discovered. First of all, SUNY at Buffalo has the only law school in the nation where 75-80% of all students are ranked in the top one-third of their class (according to a recent survey of resumes). And there's no disputing those inexperience figures! reasons why the grading system was implemented in the first place. By explaining the meaning of a Q, you get to show off those advocacy skills you've been taught in law school. Pretty tricky, eh? Personally, think the Q+ and Q- on the grading sheets are enough feedback for the student. They accomplish their purpose while keeping a lid on competition at the school. Some professors have even gone so far as to really detail the feedback to their class members. In addition to Q+ and Q-, we now have Q+(meaning: don't bother to ask me to raise your grade to an H) and Q- (meaning: you deserved a D but I already gave out my limit). Recently, the law school has even seen the introduction of two new grades, the D+ and F+ (meaning: unknown). How's that for detailed feedback! Oh yes, it's undetermined whether or not you can get a letter in your file to show substantially better work than a plain old D or F. Ther» are disadvantages to changing the system. Can you imagine how long it would take to get the grades done if petty distinctions had to be made (i.e. B- or C+). Last year I heard a I Secondly,, most employers are so confused with the system of grading that they don't bother to ask for transcripts anymore. That is a great relief to those of us who In what has been referred to as an unprecedented sign of student have a couple grades we are not cohesiveness, the SBA, on February 1, staged an organization meeting too proud of. If an employer should happen to thwart the inevitable "fate"of Professor Abraham Abramovsky. Professor Abramovsky has only taught here for one complete to request your transcript, you semester. It is indeed a tribute to the man that approximately 100 have the advantages of explaining students attended this meeting. to him exactly what a Q means. The faculty is in a curious position. They advocate their sensitivity This relates back to one of the to student input to the Promotion and Tenure Committee and Appointment Committee via the SCATE forms. Indeed, they claim that such evaluations are taken seriously, (see Allan Canfield's letter on page two). .We are, however, quickly informed that there are other criteria: research, community service and in-house activities. The quintessential which may be ineffective and issue is to what extent each of these criteria are weighed. poorly chosen. If (for the sake of analysis)' the criteria is limited to four major To the Editor: As with all social science tools, considerations, a tremendously strong showing in one area (teaching) the feedback form is a thumbnail should carry the day, provided the other areas are not of a desperately sketch of assessment, and it would low level of achievement. Several students have asked be hazardous to plot out a Assuming 'the proviso is never invoked, one can only conclude that questions about the teacher's future career based on a the impact of the student evaluation of teaching is minimal. There is teaching/course evaluation results. single assessment or feedback little argument that the faculty should and must take all of the above Here are responses to their form. The forms can be very factors into consideration and not rely solely on one's teaching ability. questions. helpful in the improvement of Student frustration is, however, undoubtedly compounded by the The computerized form pedagogy for the sensitive teacher fact all of the facts are not made public. The students' contribution to (designed by students and faculty and especially for the novice the evaluation process goes to only one of severaj factors. on last year's FSRB committee) teacher. Most students realize, I In light of the fact that the Appointment Committee refused to when it is returned from the think, that teaching is an art consider Abramovsky, it is difficult to constructively comment on the computer center is copied, (some would say skill, science or substantive basis for their decision. It would seem that the returned to individual faculty craft) which requires a blending of overwhelming student support for Abramovsky would have at least members, and placed in the cognitive and interpersonal warranted consideration, li is this type of treatment that tends to library for general, student use. talents. In this sense, one would foster student frustration and heighten criticism of faculty decisions. Some -students use it to help them vnot want to see feedback forms decide which courses they, -will used as- a student clobber device take. or mechanism, nor to be used Additional copies are kept in against the teacher; conversely, my office and in the Dean's office one would not want to see a for use by the Promotion and faculty member "get back at^' Tenure Committee. Typically, students for their negative that committee collects and appraisal of his or her pedagogical The SBA in its attempt to invoke strict adherence to self-imposed evaluates each professor's teaching conduct. In this regard, faculty faculty deadlines for posting grades has requested the assistance of Dr. as they come before that Ronald F. Bunn, vice president for academic affairs, and Dr. Gilbert committee, by looking at their Moore, university dean for the division of graduate and professional past records on the SCATE. Such evaluations are taken seriously in education. The SBA's actions are clearly drastic. Are they, however, the determination of promotion necessary? Are they likely to result in the early posting of grades? Or is or retention. The committee To the Editor: it merely a dramatic gesture which will only serve to attract University evaluates their research, community service and in-house On February 27 and 28, the probing into areas best left to the law school? We fully understand and empathize with the SBA's frustration in activities as well. In addition, SBA will conduct a general this matter. It is a frustration undoubtedly shared by Dean Headrick. faculty members visit classes and election pursuant to the We fail to see whatremedies are available to the University that are not student letters are solicited to provisions of Article 111 of the ensure a complete evaluation. SBA Constitution. Voting available to the law school. The new form is designed to members of the SBA will choose a Surely, the University would view this matter as one perfectly tailored for in-house disposition. This, of course, brings us back to step provide "feedback" to a teacher President; Vice-President; one: reality. The reality that the faculty has always posted grades when on several dimensions. It is Hoped, Treasurer; and Secretary. In they have deemed them finished and have never followed the dictates for example, that by statistical addition six Directors will be correlation, a professor will be chosen to represent the present of a calendar. To suggest that the faculty change the deadline to a more realistic able to pinpoint whether he or she First-year class (Second-year one certainly does not solve the problem bu merely attempts to is effectively teaching to the Directors) and six Directors will whole class; allowing a handful of be chosen torepresent the present disguise it. This would serve only to pacify and not to expedite. The bottom line: the remedy of specific performance is not students to dominate the class, or Second-year class (Third-year requiring students to read material Directors). available in contracts for personal services. Purpose say how great the grading system was because you only have to distinguish H's and D's from the rest of the papers. I think it took him only about two months to get his grades posted. That just goes to show you that you won't get the quick service we- now have with "a six or 10 tier professor grading system. Ffnally, law students have to realize the grading system in law school is much more than just feedback about how well or poorly you've done in a course. It is also a preparation formal life as an attorney. There will be times when you are sure you have convinced the jury of the defendant's innocence. After deliberations, they will reenter the jury box, the foreman will stand and forcefully announce the verdict, "GUILTY!" Remember, getting a Q or D now, when you thought you wrote an H exam will help take the sting out of that day. Likewise, don't be surprised if one day, when you leas^expect it, someone walks up to you and says, "Smile, you just got an-H in Future Interests!" John Batt Of SCA TE Forms Explained ' Late Grading Problem Clean Our Own House "Q" . are asked not to attempt to look at their evaluations uniil courses have been completed and grades turned in. Finally, the student should be assured that the forms -are not gathered just to let dust collect on them. Their use, in fact, is a direct result of a student pressure movement in the late sixties, endorsed by the faculty and now used by the administration in concert with faculty committees. We believe they are used judiciously and fairly. The new- form will provide better analyses of -the results in terms of correlations, total faculty teaching characteristics and so on. Some work .remains t6 be done on the computer programming of these operations. I hope this answers many of your questions. Allan Canfleld Pick Up Election Petitions • 2 Opinion Februaiy 8,1979 Prospective candidates should pick up a petition form at the SBA office. Forms will be available beginning Monday, January 29th. They must be returned no later than 5:00 P.M. on Friday, Februaryl6th. Candidates who wish to publish statements in The Opinion should be informed that the election-issue deadline is February 13th. Also, should a run-off election become necessary, it will be held on March 7th and Bth. SBA Election Committee �To the Editor... SBA Phone Abuse Committee Issues Amendment To Final Report The following letter was telephone listings of students in distributed to members of the the Law School's graduating Faculty-Student Relations Board classes of 1977, 1978, 1979, and on January 17, 1979. 1980. Our Committee issued its final report to the SBA Board and Law School community on November 2, 1978. That report included a complete list of unauthorized and bearBoard Member: unclaimed calls. The Committee also informed the Board that its As^ you know, during most of cross-match process had revealed 1977 and through early 1978, 16 instances where a destination individuals placed unauthorized number matched a current or phone calls on telephones funded former law student's home listing. by law students' student activity Finally, according to final figures, fees allocated to the Student Bar the Committee reported recovery Association. of over one thousand of the In the wake of this discovery, approximately thirteen hundred the Student Bar Association's misallqcated dollars. Board of Directors appointed a In line with Committee feeling, Phone Abuse Committee on April the SBA Board concluded at its 5, 1978. Committee members November 2, 1978 meeting that included Madeline Bernstein, Jim problems of capability and Maloy, Lewis Steele, Dwight authority precluded any further unilateral SBA Board inquiry. At Wells, and Dean Tom Headrick. In response to Committee the same time, and after requests, the SBA Board Committee consultation with the established a basic policy. Phone Dean on October 19, 1978, our abusers who reimbursed the SBA Committee suggested that further prior to April 17,1978 would not phone abuscr identification and be publicly identified and would the subsequent imposition of not be liable for sanctions in spite appropriate sanctions against such of their unauthorized behavior. identified phone abusers did fall The SBA would not, however, within the purview and abilities of protect individuals identified as the Faculty-Student Relations phone abusers after thatdate. Board. The SBA Board agreed and Our Committee tailored its at the November 2 meeting activities with these policy unanimously voted to send the guidelines in mind. We spent Committee's final report and much time and energy prior to match list to the FSRB for their April 17, 1978 working with action. Today, therefore, we are student organizations to identify unauthorized phone calls so that sending you an amended copy of as much as possible of the our final report as well as a copy students' squandered money of our match listings. The could be repaid. During the amendments include the number summer of 1978, one of us of times each destination was worked with both the New York called and the total amount billed Telephone Company and the for all calls to that destination. University's Student Accounts We ask that you receive thisOffice to determine the material and commit yourselves to destination of those unauthorized making an earnest effort to phone calls unclaimed after April identify and deal with individuals 17, 1978. Early this semester, who did in fact steal student another member cross-checked activity fees, yet continue to the destination list of unclaimed refuse to come forward. Further, phone numbers with the home we suggest that - * you communicate directly with the single parent company of the Rochester and Ohio Shoe Stores and inquire what connection those stores might have (or had) with any former or current law school student, you * discuss with each match-listed present or former law student the circumstances under which their residence received an unauthorized and unclaimed telephone call, and * you impose whatever sanctions you consider appropriate upon identification of students who placed unauthorized and unclaimed phone calls. In your determination of the appropriate sanctions for identified and recalcitrant phone abusers, bear in mind that the SBA Board does not and cannot condone students stealing from other students. The SBA Board will, therefore, support appropriate sanctions imposed on identified recalcitrant phone abusers. Finally, after you have concluded your investigation and deliberation, the SBA Board requests you report to it (1) the procedures used to identify actual recalcitrant phone abusers, (2) the number of phone abusers so identified, and (3) the sanctions imposed on identified phone abusers. Members of the SBA Board, especially those of us on its Phone Abuse Committee, are available This year, through the leadership of Tony Leavy as our president, the Student Bar Association saw something of a renaissance. It was no longer involved in a scandal, as it had been during the previous administration. It was more accessible, with all the board members holding office hours and almost always some board member in the office. Believe it or not, the Board actually accomplished things too, most importantly getting the voice of the student body heard. For these reasons, I am proud to have been a member of this board. However, the SBA still has a far way to go. One of the major problems faced by the Board is apathy, including that of the board members themselves. Much of this is due to the very structure of the organization itself. Directors don't do much because the organization really doesn't give them an opportunity to do more. Committees find all their work done by those with seniority or a loud enough voice to take the chairmanship at the term start. All the others have to hope that they personally get aggravated enough about an issue to make their own ground, often on their own. Those who don't do either become reduced to helpers and quorum-makers. Is it any wonder that so many people get disgusted every term and don't bother running again, or run but do nothing except hold a title when they win? This turnover is not healthy for the organization which ends up starting from scratch every time it holds an election. Some of this might require a change of the constitutional structure of the organization, but most ofitcould be done easily through a concerted effort on the part of the new board. This is why I am running for Vice-President in the election Madeline Bernstein lames Maloy Lewis Steele Dwight Wells Student Library Committee Responds To Proposed Ban On Non-Legal Usage To the Editor: I. The student members of the Library Committee would like to respond to J.R. Drexelius, jr.'s letter in the last issue of The Opinion. That letter criticized the presence of non-law students in "our" library. We suggest that restricted use of the library would not effectively solve the problems of overcrowding, noise and inaccessability to the copy machine. Such restrictions would also jeopardize the law school's position as part of this university. Mr. Drexelius should also be aware that there are a great number of law students who venture beyond the walls of the law library to make use of other libraries in the university system. We cannot expect to restrict the use of "our" library and still expect to be welcomed in other libraries on campus. We would like to suggest some less drastic remedies to library problems than those proposed by Mr. Drexelius. The problem of overcrowding seems to be particularly acute on weekends, especially on Sundays. One reason for this problem may have been that our library was previously the only one on campus opening early. This is no longer true. On Sundays, the Undergraduate Library now opens one hour earlier than the law library. Hopefully, this will help alleviate the problem. We also suggest that if overcrowding persists, the library could adopt a policy of restricting study areas for use only by law students. For example, we can employ the sign-up system for carrels, used during finals, on a permanent basis. Such a system is workable only if law students are considerate of one another. During finals, a number of law students signed up for carrels early in the morning and kept them all day even though they did not use the carrels for substantial periods of time. This practice monopolizes valuable study space in an admittedly - Vice Pres Candidate Suggests Reorganisation To the Editor: and willing to provide you with any additional data and background information you feel you may need. We look back with sadness and discomfort on our part in this process. Our experience tells us that your experience will be no less uncomfortable and no less disquieting. But, we feel strongly that joint SBA-FSRB action is necessary if we are to demonstrate that this Law School is committed to the development of legal ethics as much as it is concerned with the perfection of legal reasoning. being held at the end of this month. I am concerned about the roll that SBA has played, and' optimistic about the one that it could play. However, as long as the organization is as unstable as it now is, too much time gets wasted every year getting it going again. I'd like to see the student's voice be more than heard; I want to see it listened to. A responsive SBA can generate a responsive faculty. Let us divide the pie and get everyone who you want to represent you involved. This term I studied the positions, saw what was done in them, and thought about what could be done in them. As Vice-President I could be the intermediary in many instances: between the rest of the University and us, between the organizations funded by the law students and the general student body, between the student body and the faculty, and between the student body and their chosen representatives on the Board. I would like to see the schooldo more than they have for the handicapped students within it, instead of them having to try and do it all for themselves. I would like to see consistency in grading especially in the treatment of asterisks. I would also like to see the faculty living up to their self-imposed rule as to when grades should be posted; late gradiis unprofessional and a disservice to every one of us. Obviously I can't concentrate on all of these. However, with the SBA structure modified to heighten involvement of the Board members, and the student body as a whole, I won't have to. Therefore, this will be my main — goal. With interested and dedicated officers, we can keep the Board moving, and accelerate to a better and more jointly productive point. Help me do this. Let us work together. Thank you. overcrowded library. The noise problem presents different considerations. We can't agree with Mr. Drexelius' contention that the undergraduates are solely responsible for the noise problem. Many law students are the worst offenders. A possible solution is to develop a self-enforced regulatory system. Students would be responsible for asking persons making noise to hold it down. Too often, we gripe about the noise but don't do anything to stop it. We believe that non-taw students using the library would be reluctant to make noise if the law students themselves maintained a quiet atmosphere. A more drastic remedy might be to have library personnel enforce a "quiet" rule by asking noisemakers, law students and non-law students alike, to leave the library. However, it is questionable whether we really want library personnel acting as policemen, rather than providing other essential library services. Mr. Drexelius' final complaint concerns the use of the copy machines by students other than those in the law school. This problem will be partially alleviated by the scheduled addition of two new copy machines in the library. Also, an attempt is being made to install $.05 copy machines in all university libraries. The earliest this can happen is next fall, so be patient. A possible temporary solution would be to have one copy machine used only for copying non-circulating law library materials. This machine would be operated by library personnel, who would monitor the materials which are being copied. However, the feasibility of such an arrangement remains to be worked out. In conclusion, we do not believe, as Mr. Drexelius does, that the undergraduates are the sole source of our problems in the library. There are remedies that may be employed to correct our problems. The Library Committee welcomes student input regarding our suggestions. Feel free to contact the Committee. Mike Rosenthal February 8,1979 The StudentMembers of the Library Committee Opinion 3 �To The Editor .. . Law Revue Seeks Talent To the Editor: All faculty and students interested in performing or helping with the production of Law Revue 11, please be sure to contact Ted Donovan, box no. 302. This year the Law Revue promises to be a real winner. This assessment is based on the whirlwind success enjoyed last year by all persons involved, including the 400 spectators. Sign on! Allan Canfield Latest Attempt To Oust Q To: Faculty From: W.R. Greiner RE: Grading System You have received the agenda one written examination, we for the December 8, faculty ought to adopt a more positive meeting and the attached report and less punitive set of symbols from APPC. You have also and terms to describe what we are received the Dean's December 1, doing. Our present system gives a 1978 memos regarding blue books very high reward/recognition to but one of these were second-year and the grading system. Please 1 /7 to 1 /3 of thestudents in each students. The choice was hardest bring the latter to the meeting. At course; no reward/recognition to at this level. None of these the meeting I will introduce the 7/10 of the students in each applicants clearly stood out in the following resolutions for your course; and a rather severe sanction to 1/7 to 1/10 of the way that the first eleven had consideration. 1. That the faculty amend the students in each course. Since it appeared to us. Since most of these applicants were second-year official title and designation of appears to me that the majority of students, their academic records the grade Q, by substituting the students who receive Q's do good could not help us as much as we symbol "G" and the term "Good" solid sensible work, I would like would have liked. The final five for the symbol "Q" and the term our symbolism to reflect that. Since the D is a marginally passing were chosen on the following "Qualified." 2. That the faculty amend the grade (and always has been at this grounds: No. 1. Very good first year official title and designation of school) I would like our record (3 H's, H in Legal Writing) the grade D, by substituting the symbolism to reflect that. These and two very strong unsolicited symbol "P" and the term "Pass" modest amendments would give a recommendations from faculty for the symbol "D" and the term positive bias to the grading system, and I think we ought to with whom he had worked on "Unsatisfactory." 3. That subject to the err on the side of moderation so research projects. No. 2. Very good first year preceding amendments, the long as we base most of our grades record (3 H's, H in Legal Writing); faculty endorse the continuation primarily on the single sit down law office experience, and of our- present grading and examination. The resolution regarding the research experience with a faculty academic eligibility standards, and that the preceding amendments letter of evaluation and asterisk is member. No. 3. Very good first year are not intended to make any an attempt, perhaps vain, to record (3 H's, H in Legal Writing); change in the implementation by remind us of and get us to teaching experience; joint degree the faculty of our present grading implement one of the best ideas in our 1969-1970 grading reforms, candidate in American Studies; system. 4. That the faculty reaffirms its but one which we have almost unusual life experiences (military support for the use of favorable totally ignored. I will also move service and employment). No. 4. Good first year (2 H's, letters of evaluation and the use that we discuss the resolutions H in Legal Writing); advanced of the asterisk to afford notice and the APPC report in degree; four years teaching high that such letters have been filed, committee of the whole, but that school English; law office and that the discussion of these we postpone the final deliberation experience; teaches writing items in the December 1, 1978 on them until our February part-time on an LSAT preparation memorandum from the Dean faculty meeting. That will give us represents an accurate statement and our students ample time to course. think about and respond to the No. 5. Very good first year (4 of faculty policy. My reason for suggesting the resolutions and the APPC report. H's, H in Legal Writing); law amendments is a belief that in a Editor's note: This gradeproposal office experience. evaluation system in was overwhelmingly defeated at grading the last choice was the Making hardest. In so doing, we closed which we use only 3 grades and in the Faculty meeting on February out a third-year student, and S which most grades are based on 2. second-year students, largely on the judgement that they did not demonstrate quite as high a level of achievement, experience, and/or maturity as the five we chose. These were very close calls, but represented a best estimate on To the Editor: Because I think I have been a our part. As to the 5 second-year relatively good President and Although I do not believe I students in this group, they should consider applying again have the time I think it is because I hope to be a good 3rd year director I am asking all ofmy next year. Like the cadre of necessary to continue as SBA disappointed finalists from last President, I do want to continue fellow 2nd year students to vote for me. year, whom we appointed this my involvement in SBA. I year, we believe they have the therefore have decided to run for Tony Leavy potential to be effective in the 3rd year director. program, but we felt that they would benefit from another year of experience. (In one case, we also were concerned that the applicant intended to continue in an outside employment. Our The gent who wakes up and finds experience with the second-year Law Review people last year himself a success hasn't been asleep. suggested to us that this would Wilson Mizner not be compatible with-the demands of the program.) WANTED: Law Revue founder John Sim son (I) and his alter-ego Ralph J. Stairsteps (r), to perform in this year's gig. Selection Process For TA's Revealed MemoTo: Tom Headrick From: Bill Greinerand Milton Kaplan RE: SelectionProcess For Legal Writing Instructors 1. Notice of the job opening was posted at various places in O'Brian, and with the Placement Office. 2. Applicants were instructed to leave a resume and writing sample in the PlacementOffice. 3. Placement Office assembled the application and copies of each applicants permanent record card, and delivered them to Kaplan's office after the closing date for applications. About 50 applications were received. 4. Greiner and Kaplan jointly reviewed each application. Based on last year's experience, we decided to give preference to third-year students, but without foreclosing appointments to especially-well-qualified second-year students. Our check list for selecting applicants for appointment or interview included: a) Law school grades; b) Grade in Legal Research and Writing; c) Grades in other writing courses; d) Teaching experience; c) Law office experience; f) Participation in Law Review, MootCourt or BLP; g) Any other unusual experience tending to demonstrate candidate's maturity and capacity for hard work, quality writing, and working well as a teacher of first-year students. 5. The initial screening produced seven candidates whom we determined to appoint immediately, and three candidates whom we thought should be seriously considered, if, in our judgement, their other commitments would not interfere with their work in the legal writing program. Of the first seven, one was an instructor last year, five were applicants who had been seriously considered in the selection process last year, and one was a student with a solid background in teaching, an excellent record both in law school in a special law school research program, and in a clerkship with. Professor Magavern's law firm. Each of the 4 Opinion 5 second-time applicants had compiled a distinguished academic record; had demonstrated excellence in a writing related extra-curricular activity (e.g. Moot Court), and had acquired additional legal experience since last year. The next three in the group of ten had compiled good to excellent academic records in the first two years; had good legal experience from summer jobs or part-time employment; and had distinguished themselves in extracurricular work in the law school, i.e., Moot Court and Law Review. We conferred with them regarding the time, commitment required, and satisfied ourselves that they would be able to meet the demands of the Writing Program. We decided to hold the decision on the last three until after we held interviews with the candidates. Each of the ten students identified in this initial screening is a third-year student. 6. During the initial review we also selected 17 applicants for interviews. Two of these applicants were third-year students, fifteen were second-year students. (After we sent the interview notices, an applicant we had passed over requested that we reconsider her file. We did, and decided that she should be added to the list to be interviewed.) Most of these eighteen students were interviewed on Saturday, November 11, and the rest were interviewed early the next week. After completion of the Saturday interviews, we added one third-year student to the list of appointments, and withheld the decision on the others until the following week. 7. Five of the second-year students we interviewed withdrew from further consideration early the next week. Each of them is on Law Review. They were advised by the Editors not to attempt the work in the Research and Writing Program. We then invited one more third-year applicant to interview, and determined to appoint her along with the three other third-year students on whom we had withheld decision (see 5 above). 8. That left us with the task of selecting six applicants from the remaining pool of applicants. All Februaiy 8,1979 Pres Runs For Director Quote of the Bi-Week — �• \ ' . ■ ■ ■ . i ■' ■ -1 ~~ ■ ■ ■ i~-" t '. STUDEMTS |V ; •■ Save $205 and More! 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' _^ February 8,1979 _» Opinion 5 �Culinary Counsel Seafood: An Alternative To Meat And Potatoes 6 tablespoons milk combined with 6 tablespoons cold water 2 egg whites 1 pound of large shrimp, shelled and dc-veined Baked Filet of Fish Pilaf/from Marianne Suozzi The shrimp tempura is great when To serve fo\irjyou will need: accompanied by this rice dish. 2 pounds fish filet V 4cup scallions finely chopped, 4 tablespoons butter including the green tops 1 large garlic clove (more if the pour cup mushrooms finely batter, the fine To Vi like), chopped prepare you chopped parsely, sesame seeds, salt and flour into a large mixing bowl, make a well in the center and add 3 tablespoons butter pepper to taste. T cup rice the egg yolk, beer and salt. Stir 2H cups chicken broth the ingredients together until they Preheat the oven to 350 are mixed well, then gradually Saute the scallions in butter degrees. Melt the butter in a small pour in the combined milk and until until soft. Add the uncooked rice continue to stir water, and saute and saucepan, add the garlic and brown lightly. Then add the for a few minutes. P|ace the fish the batter is smooth. by Paul Suozzi For a lighter texture, let the mushrooms and saute a minute or in a shallow baking pan. Brush generously with butter and garlic. batter rest at room temperature two more. Turn into a casserole though it with the chicken broth and bake In recent years, more and more Sprinkle with parsely, salt, pepper for at least 30 minutes, used at once. In either in 350 degree oven about 45 may Bake for 25 be and sesame seeds. people have become concerned whites until minutes, stirring once or twice. case, the egg with lemon beat with the amount of meat they minutes. Serve consume, especially red meat. Though rich in protein, red meat also has a high colestero! content, which marty people wish to avoid for health reasons. Some, however, fear they will not get enough protein if they cut out meat. Well, as most non-meateaters know, there are many foods which are high in protein and also low in colesterol. Seafood is prominent among those foods, and it also happens to be among the most delicious. Growing up on Long Island Sound, I was exposed to the procurement of seafood at an early age. Fishing has been one of my favorite pastimes for years, and I've tried clam digging on a number of occasions (though it is often more work than play). Of course, one may forego the thrills of catching supper and still enjoy the harvest by stopping at a local seafood store, or supermarket with a fresh fish counter. In any event, you are sure to enjoy the fruits of the sea, as they are good tasting, and conveniently nutritious and low in calories. Baked or broiled filet of fish is one of the easiest dishes you can prepare that is both quick and satisfying. Flounder, sole, cod, haddock and perch are among the many varieties which can be prepared this way, and it only takes about an hour to do so. they form unwavering peaks on wedges. Broiled fish is prepared the same way except you broil for about 10-15 minutes, depending on the thickness of the fish. I have found baked filet to be more tender than broiled, though broiled is a bit quicker. In either case, while the fish is cooking you have time to prepare some rice and a salad or vegetable, so you have a complete meal in about 45 minutes. Shrimp Tempura On an occasion when you have more time and money you might try this recipe. (Fresh shrimp are about $7.50 a pound, but they are delicious. Try frozen if fresh is By the way, filet may appear prohibitive.) To serve four you to be expensive in price per pound will need: when compared to meat, but it is actually cheaper than you think. Batter: 1 cup flour Fish filet has no fat which adds to 1 egg yolk weight and then melts away in cooking, so you need to buy less 4 tablespoons beer Va teaspoon salt per serving. Papa Paun's Manhattan Style the beater when it is lifted from Clam Chowder the bowl. Then gently fold them submitted by his son Jerry into the batter. Heat 4 to 5 inches of oil or This is a full and hearty clam shortening in a deep fat fryer to a chowder that can serve as a meal temperature of 375 degrees (or in itself if served with good Italian use a wok and get it hot!). Preheat bread and a salad if you like. The the oven to 250 degrees and line a ingredients are as follows: large shallow roasting pan with 1 stalk celery paper towels. Wash the shrimp under cold running water and pat dry, with paper towels. Drop two or three shrimp at a time into the batter, and, when they are well coated, plunge them into the hot oil. Fry for a few minutes until light golden brown, turning occasionally with a spoon to prevent them from sticking together or to the pan. (It is a good idea to keep the batter cold and the oil very hot, and only cook a few at a time so the oil stays hot. This will prevent them from getting greasy.) Place the cooked ,ones in the oven so they stay hrat while you cook the others. 1 very large onion 1 very small green pepper 2 carrots 1 qt. water 2 large potatoes 1 16 oz. can of whole tomatoes 2 or 3 6V2 oz. cans of chopped clams % tbs. thyme salt & pepper to taste Chop the celery, onion, green pepper, and carrots and sautee them in oil or butter for 10 minutes adding salt and pepper. After the vegies have sauteed for 10 minutes add 1 qt. of water and allow to cook for another 45 minutes. While this stock is cooking, dice the 2 potatoes and open the can of tomatoes. I recommend using tomatoes packed in puree because I add the puree to the soup for extra tomato flavor. After the stock has cooked for 45 minutes, add the diced potatoes and the tomatoes with the puree to the soup, ripping the tomatoes into bite-sized pieces as you add them. After about 10 minutes more (be sure the potatoes are almost done) add the clams with their juice and V* tbs. of thyme. Allow the soup to cook for another 5 minutes adding more salt and pepper to suit your taste. The soup is complete. Enjoy. (Makes about 3 qts. of soup). Of course this is only a very small sample of the creative and delicious ways to prepare seafood. Hopefully after reading this you will be prompted to share some of your favorite seafood recipes with us. Just drop them off in the envelope outside the Opinion office, room 623. BITCHTICKETS 65. 12/7/78 COMPLAINT: What can be done to better organize cases and points? Also, some appear to be missing. RESPONSE: Cases and points are a problem for the library because we lack sufficient storage space and manpower to deal with the collection. We receive boxes of cases and points from all the departments but they are selective, we don't receive every case record from the Ist and 2nd departments. Last year we were completely out of storage space on the 7th floor. This fall, with the return of the economic collection to — 6 Opinion Lockwood, we gained a few empty shelves. We decided to try and begin processing the cases and points as they came in. One of the problems we had encountered before, in trying to find the correct official cite for the case, was that we had to search among sources and'then ended up waiting until the cite appeared in a digest or -index. This often took months. Now we are merely arranging them ir order as they come in, stamping them with a number and typing up case name cards which will be filed alphabetically. However, even this simple process is taking up.a great deal of time. February 8,1979 We have looked into the and virtually empty. It's 12:30 of microfilming the PM on a Sunday and I can't get a collection, but the cost is carrel or conference room to prohibitively expensive. study in. I am a law student. I We realize that the cases and have to get here at the crack of points are a valuableresearch tool dawn on the weekends to assume fojour students, and we are trying myself a place to study. The to make them as accessible as materials I need are not available possible. Most of the cases and elsewhere. I find that same need points can be obtained (at a price) ■ difficult to believe of the from other libraries, so if you undergraduate population. During can't find a case on the 7th floor, the semester it's bad enough, but ask a reference librarian to help during exams it's impossible. I just you find a library that would have don't think it's fair why the case. segregate the libraries? Why not 66. 12/21/78 just throw the law books in with COMPLAINT: The the mcd school books or English undergraduate library on the or Bio? Amherst Campus. is now open, RESPONSE: We had hoped possibility - that the new UGL would attract undergrads, but our library has a reputation as a quiet study place, and that is what draws the undergrads. ■ In addition, we have extended notably on our library's hours Sunday we open at noon when every other library opens at 7 ~ while other libraries have cutback on their hours. While we sympathize with you we cannot throw undergrads out. We have discouraged their use of the library with carrel sign out and limits on xeroxing, but until they discover other quiet areas, we will probably still have a lot of undergrads studying here. — �Short Relief Try Picking Sides In The "Business" of Sports flesh to the highest bidder proves one thing to me sport was not meant to be business. It can't be a natural relationship simply because of what it does to the people involved. this All bargaining can really bring out the worst qualities in the people involved. (I for one will never believe the McDonald's people when they assure me that "we do it all for you" because I heard the comments made by McDonald's owner, Ray Kroc during the Catfish Hunter negotiations four years ago. Mr. Kroc, who also happens to own the San Diego Padres, not only refused to buy Catfish, a pitcher his team needed badly, but also managed to insult just about everybody concerned with the deal. If Padres fans really believed what Mr. Kroc's commercials said and felt that they "were the ones" it would be normal for them to think that the team would come across with the cash to put themself in the running for something. Which ,£ll makes you believe maybe there really are worms in Big Macs.) Although there isn't an owner out there who won't tell the public that he wouldn't do anything to get a winning team for the city that has done so much for him, many owners have an attitude similar to that of Mr. FCroc. They don't like to part with much money for a player (I am sure thay all have dreams of retdrning to the days when a Mickey Mantle would come crawling out of the mines of Oklahoma into their waiting arms, easily convinced that a cash bonus of $5,000 was a small fortune) but they are also in the business for a profit (although they maintain consistently, almost in one voice, that they are losing money every year). Although they see the game as big business, they can't tolerate the same attitude in their players. And, if the players haven't already been convinced - by Maria Colavito Every year about this time the American public is treated to the spectacle of sport as business. It happens in every sport witness the World Football League debacle of several years back when dozens of star talents jumped ship for the sake of big money (which turned out to be like jumping a rescue ship for a spot on the Titanic), and the O.J. Simpson (will he go west?) drama. Baseball of course is no stranger to the horror of watching grown men reduce themselves to the level of being merely so many pounds of muscle and RBI power for the sake of attracting the highest bidder. Thfe season the biggest (or at least the most publicized) catches were Pete Rose and Rod Carew. Rose has already gotten what he considers his moneys worth for himself, and by the time this column is printed Carew will probably be settled \i\ California with his agent running himself ragged trying to invest all his client's new found wealth. The sale of talent is certainly not a new concept and it happens at all levels of American business life. But seldom is it conducted with so much fanfare and publicity as it is in sport. Apart from setting back the cause of human dignity a hundred years or so, all this auctioning of human — that sport pays off and is big business today, there are a dozen or so commission-hungry agents who are ready, willing and able to remind them. Ceitain commonly used words in the English language also suffer a severe strain during these exercises of sport as business. The most commonly abused word seems to be l "pride" which can have completely' different meanings depending upon whether the person using the word signs the salary checks or cashes them. The recent exchange between Rod Carew and George Steinbrenner is a case in point. Never let it be said that George Steinbrenner was above buying and paying big for talent for his team. After all this is the man who, if he hadn't had so much faith in his attorney, probably would have bought someone to stand in for him in his illegal February is a boring month. Always has been and probably always will be. Exhilaration and excitement over the holidays has passed. Pressure and tension from finals is gone. Time to s(|art a new year has begun. But, what has usually been something to look forward to in January, February, and the cold winter months is not here. It is something that makes each week to be looked forward to something people can get excited something people canabout - care about. That something college basketball. - is big-time Nostalgically, I look back to days at Duke when the basketball game was the highlight of the week, and that was before Duke basketball became the power it is today. It figures I was there for five years of mediocre basketball, and the year after I leave they go to the national NCAA finals. But, whether it be at Duke, my Siena, Boston, Illinois, or UCLA, the game becomes the focal point around which a university of very disparate interests can gather it draws people together, adds a sense of excitement to the University, and focuses publicity and attention on the school. In addition, basketball as football are money-producing revenue sports whose funds not only provide for the self-sufficiency of the program, but provide funds for other non-revenue producing sports and extensive intramural programs which are to the benefit of everyone. New York State is one of the very few state school systems in the country which does not have a — major collegiate sports program. It's really a shame that a state which produces such fine athletes for other schools, cannot have a state university program of which it can be proud. For those who have ever had the opportunity to be part of a major athletic program, it's unbelievably fun and exciting. - Law Review To Hold Info Meeting All first year students interested in becoming members of the Buffalo Law Review and all first and second year students interested in summer 1979 Sea Grant Fellowships are invited to attend the informational meeting to be held Thursday, February 15 at 3:30 in room 106. The Buffalo Law Review is published quarterly. Members are responsible for completing one scholarly casenote or comment. There are also opportunities to do editing and publication work. Members are selected on the basis of a writing competition and first year grades. The selection process weighs both grades and the writing competition equally. The writing competition opens in mid-February and closes ten days after the last spring final. Only first year students are eligible to compete. The Sea Grant Fellowship provides a full-time summer employment opportunity for both first and second year students. Sea Grant Fellows work on articles dealing with legal issues pertaining to the Coastal Zone. Completed Sea Grant articles are published in the Buffalo Law Review whether or not Sea Grant Fellows are chosen to be members of-the Law Review. The Fellowship carries a stipend of approximately one thousand to fourteen hundred dollars. There are ten to. twelve Fellowships available for the summer of 1979.. -Sea Grant Fellows are selected on the basis of the Law Review competition paper and first semester grades (Ist, 2nd and 3rd semester grades for second year students). Sea Grant competition papers must be completed by April 16th. All those interested are invited to attend the Feb. 15 meeting. Summer Law Courses Offered Abroad Paris, France July 1 through August 11. Courses vary in length from 10 to 40 days. Paris focuses on international and comparative law; London on international business problems; Oxford on Anglo-American and Socialist law; and Guadalajara on law of the Americas. The faculty includes John Kaplan of Stanford, Detlev Vagts of Harvard, Dominique Carreau The game is not simply 10 and Cyrille David of Paris, James persons on a court trying to Fawcelt, President of the outscore each other. It's the filling European Commission of Human up of a stadium 60 minutes before Rights. Courses include Comparative game time, with pep bands and bluegrass bands, of cheerleaders and people screaming and stomping their feet. Of a fieldhouse, where emotions and support of The results of the something can be given. Of spotlights being thrown on a commencement questionnaire player as his name is introduced in have been tallied and Artpark will the darkened stadium, and the be the site of the ceremonies thunderous chant of a crowd which will take place Saturday, yelling "Dee-fense'V May 26. Artpark was chosen over In contrast to the pros, the Kleinhans by an overwhelming players are your classmates, trie three to one margin (94 to 32). guy in the dorm next door, The questionnaire was friends and acquaintances. At a.University which is split prompted by the concern of into two remotely connected several students whose parents are unfinished campuses, we could Orthodox )ews. Artpark had been use something to inject some the original choice, but it could spirit, some life into this place. only be reserved on Saturday, the Something thai will draw us Jewish Sabbath, when Orthodox together as one something that Jews are forbidden to travel. The we can be proud of and cheer for. students were understandably upset because their parents would And maybe, February not be able to attend the ceremony. wouldn't be so boring. The University of San Diego is accepting applications from lawyers and law students for its summer seminars in Guadalajara, Mexico, July 1 through August 2, London and Oxford, England, and Basketball, Boredom And Bodies by Jay Marlin contributions charge. career, this could mean a lot in But the Yankees don't really terms of financial security. But of need Carew. Cris Chambliss is a , course, it came out sounding like good steady first baseman and the old Yankee, pride Carew although he did suffer at the plate should be proud to live and work last season he is still one of the in a city that produced the team more dependable that brought you Ruth, Gehrig, stable, ballplayers in New York (where DiMaggio and Mantle, etc. And the value of stability is very while all of us fans can be easily inflated). *Maybe knowing this convinced of such an argument made George Steinbrenner a little (after all we'd give anything to less tolerant towards Carew's have Steinbrenner ask us to play), demands. All in all, Carew didn't a player like Carew has his think he was being treated fairly personal pride, and it tells him but Steinbrenner thought 'he that if he is going to be the should be less demanding because drawing card that fills the stadium after all he was going to get a with people who are going to buy chance to play in New York. food and souvenirs, come in cars Steinbrenner thought Carew that pay for parking, and help the should have fallen all over himself team raise the cost of its TV and for the opportunity to wear radio time, pride demands that pinstripes. What George probably the owner be fair and send some meant was that New York is of that money trickling down thy where the advertising and the player's way. press exposure is, and that to a See what I mean? It's all very player at Carew's stage in his strange. Law, International Human Rights, International Business Transactions, Soviet Law, and a wide variety of Comparative courses in areas of Administrative Law, Antitrust, Arbitration, Business Organizations, Constitutional Law, Contracts, Environmental and Energy Law, Criminal Law and Procedure, Estate Planning, Insurance, Land Use Planning, Tax and Torts. For further information, write: Dean Herbert Lazerow, Law School, U. of San Diego, Alcala Park, San Diego, CA 92110 U.S.A. Seniors Choose Artpark For 1979 Commencement — The questionnaire was distributed to third year students before a New York Practice class, and they were asked to state their preference for location of the event, whether they wanted to wear caps and gowns, whether they wanted class pictures taken and who they would like as a commencement speaker. The vote was for caps and gowns (72 to 49) and for class pictures (88 to 31). The number of different persons suggested for commencement speaker is too exhaustive to print here, and as yet, no clear choice has surfaced. Prominent among those suggested were Bella Abzug, Louis Lefkowitz, Billy Carter and Steve Martin. February 8,1979 Opinion 7 �Perspectives photos by micliael Shapiro 8 Opinion February 8,1979 �President's Corner Pres Leavy's Last Hurrah also had excellent representation at Faculty meetings. In addition, we had a special presentation at one of our SBA board meetings at which all the student reps from the various committees met with the Dean and the Board to express their opinions on the structure and functioning of the Faculty/Student committee system. I thought it would be appropriate for my last column both to review what I think have been some of the major accomplishments of the SBA in the last six months and also to indicate what I think the SBA should be doing this Spring and next year. Grade Referendum Holding the grade referendum was one of our best accomplishments. We prepared students for the vote by distributing hundreds of copies of an APPC analysis, posting and putting on library reserve information and by having two very successful open meetings with the faculty and administrators. Our work resulted in a record voter turnout and, after tabulating the results, we made presentations at several APPC meetings and a faculty meeting explaining the student SBA Attitude The SBA is now an open, accessible organization in that we have regular office hours, we post notices, agendas of our board meetings and the minutes from preferences. those meetings. We have also ended the bitterness and Late Grades devisiveness that plagued last Our many meetings with the year's Board. Dean, an official resolution to the faculty and a presentation to a Faculty/StudentCommittees faculty meeting expressing our The SBA appointments dissatisfaction with late grades is committee worked extremely more than has ever been done to hard in finding and interviewing pressure faculty members to hand students for the various in their grades on time. Faculty /Student Committees and as a result we came up with some Affirmative Action By appointing students excellent students who were concerned, interested and willing sympathetic to affirmative action to work. Most of the committees, to the Admissions, Appointments i.e. Appointments, Admissions, and Minority Student Affairs Minority Student Affairs, Committees the SBA went on Academic Policy and Planning, record supporting affirmative Academic Standing and Library, action and has gone a long way to have been working very hard and influence the school's acceptance have been dealing with important of qualified minority students and issues affecting students. We have faculty. In addition, students active in affirmative action and administrators working in the area made Board presentations and we passed an official resolution supporting a TA/GA position for minority student affairs. Social Events We held two beer and wine parties, a champagne party for Professor Laufer, a morning coffee and doughnuts and we are running the school's basketball tournament. Iranian "Unmasks" Unconstitutional Law External Affairs We are now being invited to the monthly meetings of the Alumni Association, we have discussed mutual interests with the undergraduate and graduate student associations and have by Mike Buskus begun investigating the possibility of joining the student lobby group A California penal statute SASU. Notwithstanding these making it a misdemeanor to accomplishments the SBA can and appear in public wearing a mask should do a lot more on most of for the purpose of concealing one's identity was recently these issues. declared unconstitutional. In Ghafari v. Municipal Court, 250 SBA Committees The organization of the SBA Cal.Rptr. 813 (Ct-App. 1978), the committees needs to be reviewed Court of Appeal for the First to determine whether a different District ruled that Penal Code structure would better serve the §6 50a was unconstitutionally students. We, at least, need overbroad and violative of equal committees to deal with two very protection. The law was challenged by an important issues which we either have very little input in or none at Iranian student who was arrested all, i.e. an SBA Promotion and in 1976 for peacefully picketing Tenure Committee and an the Iranian Consulate in San Admissions and Records Francisco while wearing a Committee. Generally we need to "mask." The "mask" consisted of reach out to get a lot more people holding several paper leaflets involved in all the SBA between his face, and eyeglasses. committees. We also need to Several weeks after the Ghafari rewrite our Constitution and incident, several fellow protestors bylaws to better reflect the were arrested under similar present board policy and existing circumstances. The charges were brought to practices. the municipal court for the city and county of San Francisco. —continued on page twelve Demurrers by the defendantswere overruled. An appeal to the Superior Court to obtain a writ of prohibition to stop the prosecution was unsuccessful. Appeal to the Court of Appeal recommendation on the followed. The American Civil Liberties of Professor appointment Union represented Ghafariand his Abramovsky to the faculty. The issue as this author sees it co-appellants. The text of Penal Code §650 is the process of faculty the makes it a misdemeanor for "any appointment, especially criteria by which a potential person, either alone or in company with others, to appear faculty member is evaluated. The criteria include the law on any street or highway, or in school from which the candidate other public places or any place graduated, the level of academic open to view by the general achievement attained at that public, with his face partially or and completely concealed by means of publications school, professional development. A a mask or other regalia or serious effort is made to judge the paraphernalia, with intent thereby person's future potential in their to conceal his identity." That same law also extends a specialized field of law. No one, exemption to persons limited body, the student would including deny the importance of the wearing such a mask "in good factors mentioned above. What is faith for the purposes of clearly lacking is any serious amusement, entertainment or in consideration of a person's ability complaince with any public health to teach and relate to students. order." This statute, the We constantly hear in law school of the courts' use of balancing in constitutionality of which has their decision making process. The never been previously discussed in administration and faculty have any reported decision, was not utilized balancing when originally enacted in 1923. Justice Feinberg, writing for considering faculty appointments. They should begin with Professor the California court, found that Abramovsky. He could bring to the statute precluded anonymity UB law school the ideal blend of for persons exercising protected those qualities identified by rights of speech, peaceful students as very important in their assembly, and free association. quest for a meaningful legal The court determined that the rights were linked by a protective education. Appointment Criteria Questioned by Dwight Wells The departure of Professor Ron Allen for lowa left many of those interested in criminal law uncertain about their future. Many doubted the law school's commitment to the study of criminal law. A few years ago the law school had a criminal justice program but departing staff had reduced the program to a minimum number of courses last minute taught by replacements. In the Fall of 1978,enrollment in criminal procedure I was, as usual, quite high. Many students take criminal procedure I as a bar preparation course. As students returned to school they were concerned with the question: Who is teaching criminal Procedure I? The answer given by thosewho knew was Professor Abramovsky. The problem with the answer was that knowing a name did not tell the students anything. Few if any knew who Professor Abramovsky was. The first criminal procedure class met on Friday, September 1. Students discovered that the class was being held on Friday because Abramovskf taught at Pace Law School and worked in the New York City area. He flew to Buffalo on Friday to teach at the law school. They also discovered he was a UB Law School graduate and had taught at the University ofToledo Law School. Most important, as the semester developed, students found Professor Abramovsky to be a lawyer with extensive trial an; appellate experience, which he combined with the ability to teach. Even though the class was Professor (90-100) large Abramovsky had the talent to involve the class both individually and collectively. His love of teaching was evident as he routinely student provoked discussions of the issue under study in a style that would be useful in the practice of law. He was able to.combine the theory of the law with its practice. It became known mid-semester that Professor Abramovsky was interested in joining the faculty of the law school. The nature of Professor Allen's leave of absence left a decision on an appoints "<t somewhat in limbo. In January, it appeared there would be a faculty position open in the criminal law area. , On 7 January 2?x the' Appointment Committee decided not to decideThey would make no ... ~ . , - a nexus. The court reasoned that any legitimate governmental interest supporting the mask statute would have to be framed in the least restrictive manner possible. On that ground, it was found that instead of being narrowly tailored to fit an appropriate end, the statute swept overbroadly into the area of protected speech and association. The court emphasized that in striking down this provision of the Penal Law, municipalities were not without means to handle crowds and prevent disturbances. A full panoplay of prohibitions against riot, unlawful assembly,' disturbing the peace, as well as obstruction of thoroughfares still filled the state's arsenal of prosecution statutes. An alternative ground of decision was that the statute was imperm issibly vague. The amusement and entertainment exception of the statute afforded no guidelines to police to assure evenhanded enforcement of the law. The court's rhetorical comment captures this defect in the statute: "Consider, for example, that if Aristophanes' Lysistrata had been performed in ■ a public square during the years of Vietnam, in the classical Greek manner, in masks, but worn for the purpose of disguise, under section 650a, both masked players and police would have had the insuperable burden of determining where the antic muse stopped and political protest began before deciding whether the masks were being worn lawfully." Furthermore, the court noted that a literal interpretation of the statute would surely lead to absurd results: "| C]elebrities wishing to conceal their identity from autograph seekers and the general public are committing a public offense if they don large hats and/or sunglasses for this purpose." The absurdity of this statute speaks for itself. Fortunately, the Court in Ghafari recognized the situation for what it clearly was: a blatant' attempt at political persecution. Had there been any disturbance of the peace or threat to public order, the authorities could have booked Ghafari on such charges. No such violations were ever alleged. This decision should easily withstand further scrutiny by either the California Supreme Court or the United States Supreme Court Febnmy 8,1979 Opinion 9 �Late Grading Problem Taken To Higher Court by Jay Marlin Indicating a refusal to accept further delay, the Student Bar Association in a major shift in strategy has decided to go outside the law school and seek help from University officials to force the law school faculty to submit its grades on time. Specifically, the SBA approved letters being sent to Dr. Ronald F. Bunn, Vice President for Academic Affairs and Dr. Gilbert Moore, University Dean for the Division of Graduate and Professional Education. Noting that more than a sufficient grace period has passed since the January 19 faculty self-imposed deadline, SBA President Tony Leavy said at the January 30 SBA meeting, "The problem of submitting grades on time has been a festering sore that has been growing larger and larger. It's time that the sore was lanced." As of the January 30th meeting of the SBA, the following professors had not yet submitted their grades: Schlegel, Breger, Priest, Katz, Joyce, Albert, Hyman, Abramovsky, Birzon, Kochery, Leary, Zimmerman, Spanogle, Magavern, and Greiner. "Dean Headrick be tolerated." 'This is a problem that has plagued the law school for a number of years, and it has been getting worse. Despite its efforts, the law school administration has been unable to get the faculty to perform its professional duties." The letter concluded, "Therefore, we seek the help of your office in this matter. We ask you to please inform us of what actions your office plans on taking against those professors whose conduct is demeaning to all professors and to this law school." At the same time the letters were being sent to Vice President Bunn and Dean Moore, the SBA sent out a letter to each professor whose grades had not been submitted by last Tuesday's seems powerless in this situation," said Leavy. "He's tried, but they simply don't pay attention to him." In the letters, dated January 30, the SBA said, "We are submitting this letter to you because of our deep concern over the late submitting of grades by certain professors in the law school." "As reflected by the concern expressed by the Dean, by the majority of faculty members, and meeting. by common professional The letter informed the responsibility, the action/of this professors of the SBA action, in minority of the facility are addition to notifying them that harmful to the students, the SBA planned to publish the unprofessional, and can no longer names of those professors who were "delinquent" in submitting their grades. The letter to the faculty members further stated, "Further delay in the turning in of your grades is unprofessional, harmful to the students, and simply cannot be tolerated. It is our hope that you will realize the seriousness of our attitude and purpose, and join with the majority of your colleagues in fulfilling their professional responsibility." "This is a very serious problem that has been allowed to continue for too long," said Leavy in describing why theSBA took such drastic action. "Our feeling is that it's time the faculty either accepted their self-imposed grading deadline of four weeks after the last final exam or changed it to a policy that they would abide by." As recently as December 1978, Dean Headrick sent a memo to the faculty indicating the seriousness of the problem and urging the faculty members to abide by the grading deadline which the faculty accepted at a March 1967 meeting. Also, at a December 1978 faculty meeting an SBA resolution dealing with the problem was presented and this too urged the faculty to avoid the late grading problems of the past several years. Intensive and heated discussion ensued among the faculty members as to their responsibilities and obligations in this matter, with several of the faculty members openly criticizing their colleagues for their lackadaisical attitude towards grading. Leavy made clear that if there were extraordinary circumstances where the grades of a course could not be submitted on time, then such delay might be understood if they were communicated to the students via the bulletin boards in the 2nd floor mailroom. A Mythical Fable The Death by Bob Siegel , . -michael Shapiro Where Have Reps Been? Name Officers 9/26 Tony Leavy Cathy Kaman Charmaine Bissell Present Present Present* Present* Excused N.M. Present Present Present Absent Present* Present* Present Present Present* Absent Present* Present* Present Present Present Excused Excused Present Present Present Excused Present JeffLicker Jim Maloy Present* Present Present Present Excused Present Present Present* N.M. N.M. Present Excused Present Absent Present Absent Absent Present Present Excused Excused Excused Excused Present Present Present* Present Absent Absent Present* Present Excused Excused Excused Absent Present Present Excused Present Absent Excused Present Excused Present* Present Present* Present Present* Absent Present Present Present Present Present Excused Present Present* Excused Present Present Excused Excused Excused Present* Present Present Absent Gladys LaForge Lewis Steele Dwight Wells Present Present Present Present* Present Present* Absent Present Present Present Excused Present* Present Excused Present Present Present Present Present Present Present Present Present Present Present Present Present Present* Excused Present Present Present Present Present Present Absent Present Absent Present Absent Present Present Absent Present Present Present I.Ted Donovan 10/12 11/2 (Third Year) John Batt Tom Bender Madeline Bernstein Claude Joerg (Second Year) Bonnie Cohen Debbie Humphrey Sherman Kerner 11/13 11/30 1/19 Absent 1/30 (First Year) Dave Guy (ay Martin Jay Mintzer Mike Rosen thai Michelle Silver Leslie Wolffe Present Present Present Present Present Absent Present Present Present Present Excused Present Present* means that the person either arrived late or left early because of other meetings, classes, employment, or SBA basketball. N.M. means not a member. 10 Opinion February 8, 1979 Of A Tort "tail" in Ortanian.) So Naught assembled a handful of his ONCE UPON A TIME on the planet best men and set out on his perilous Won-el there existed a tiny village known mission to slay the dragon Torta. He as Orta. The inhabitants of the village, the traveled over hill and dale and beyond the Orians, always had a lot to do but never rising sun. And as they traveled the band did it even though they knew that they sung a tune to keep alive their hopes and "oughta." Their golden rule was, "Never spirits: Beyond the valleys and thru the trees, do today what you can do tomorrow and never do tomorrow what you can do next Over the mountains and across the seas, week." Now since the Ortans didn't We'll travel onward until we slaughter, accomplish anything (though they always That evil Being known as Torta. had a lot to do), their leader, thePrince of And onward they went, traversing the Procrastination, was known as Naught, land, not knowing if they were being meaning "nothing." So was existence in watched, not knowing who was in Orta, day after day- and year after year. command. Suddenly they heard an Nothing of importance would ever get awesome roar and'knew they had met their done. But then one day that all changed enemy. Torta swooped down from the and became part of history. towering skies, his flames setting theforest One morning as Prince Naught was ablaze. Naught and his men felt the minding Orta's fort, a brilliant beam of tremendous blast of heat and took shelter light from afar caught his eye. And Naught in a nearby cave in order to prepare watched it intensely. One moment it was at themselves for battle. And then the battle the edge of the horizon and then all of a began. On and on for months it lasted. The sudden Naught and the beam were flames could be seen from miles around. face-to-face. But the beam was no longer And then a silence fell upon the forest. an inanimate ray of light. It had Torta had been defeated; Torta was dead. transformed itself into the shape of a man. And the people rejoiced. Naught was given It had become the great diety Duit. Torta's tail as a remembrance of his mighty Now everyone in Orta knew what the victory. (Everyone knows that a dragon sudden appearance of Duit meant. loses his trail when he dies. So Torta had Something needed to be done! They had lost his "a" and now he was simply a Tort. been saying that they "oughta" for too The people now had the courage to talk long. It would be difficult and dangerous, about the dead dragon. "Tort was evil and possibly devastating and disastrous, but vicious," they cried. "Tort was a wrong!" something different would indeed be Then they celebrated their new-found required of them now. sense of accomplishment and partied for Fear and anxiety caused Naught's mind many a night. to race as he tried to contemplate what But now the Village of Orta was Duit had in store. So he sat still and unfairly named. It was no longer proper for pondered his dilemma until Duit decided them to be stigmatized with the label to speak. "oughta." They no longer "oughta" do "Naught, son of Mort, and Prince of the something because they had done it. They land called Orta, I command you to were doers! And Naught' presented the venture out beyond the confines of Orta to town with the dragon's tail to symbolize its defeat Torta, the fiery dragon of the East." incredible achievement. So the town put Now Naught, who was, wet with sweat the "a" in front of the "Orta" and from and pale with fear, pleaded with the great then on the town was known as "Aorta"; Duit for a change of assignment. But Duit meaning the heart, the beat, the pulse, the simply replied: "Do it," and vanished from life, the power! They were now a proud sight and this was quite sufficient. Naught people. They had succeeded and would knew that he must go. He knew that he never have to worry about Tort again. must set out on a journey, not to return to Since this is a fable, there should be a Orta until the successful completion of his moral: a lesson to be learned. So just task. Torta must die. (Point of remember, "Do as your Orta, not as your information: "a", pronounced "ah", means Torta." �I Pass Rotes Ara Dpi HHJUHiI B: Pciss RsAp Ms Upl ., "5: .' 1 ■■■ 1 ■ ■r-. ''- - , Br. Hr WF | , . Mlf .. H - ' Hrv; • : -•■ • - •' • .'. ■;■'■■ ■' ■- ' ■■■'■ -,- .■ ■. ■:; ■' '' ■■'■. ':• di .■ pass •■ ■■ • ■•-.'. & ' # rate, and at many New.York schools we had a^^pass peroentage in the low 90s or high 80s. ':- (PC" \ .',■',. ■-■ ■'■■•/:■>■*;.;^'^y4 ~„.,., ■ combined. ■ percentage was higher than the state :■ 't " ..:■■:■ '' ■. .' • / ■' ■'' ■ '"^^ ■ . Jir [hpfifihrt The New Yoric and Muttistate Expert .. ■■. ;: ..- - ' ■ ■ - ; f> .-■■ Thus while some bar reviews claim astronomically high percentages each year, there is only one pass rate you can trust-the State Rate. And as BAR/BRI enrollments have climbed, the State Rate has climbed with it. ■ ,; :■ ■■.-■'•*'■ 4 •'-j■ ■•'"'■?•': ■ :_V^;-. ■-1 ■ ' '' ' As BAR/BRI enrollments have climbed, the state pass percentage has increased. We don't claim "cause-and-*jffect," but wo know we must be doing:' :; something rigbtf [ '\ *. Last summer, New York's pass rate was one ofthe highest ever. And more than half those who passed were BAR/BRI enrollees. BAR/BRI trained more than 2300 persons, more thanall other bar review courses :' BAR/BRl's overall ~ ; . *'■ J J '■.'■. "*■ - ' & ' :,"■■( 1" ■■ ■■ " ; •'' * B»^B^BJBJBSBJB«B^B«BB«B^iSJB«B«B|B«BBBSMBB»S«B^BBBaBBJBlBlS«iB««BSBlBBS^^ February 8,1979 Opinion 11 �B BU. LUES Moot Court Occupied With Tax Competition Uu>uj by Tim Cashmore Buffalo in the competition. The Moot Court Board is also sponsoring teams m~flve other inter-school competitions. Two teams Ann Evanko and Tom Black and Jeff Licker and Larry Kerman will travel to the University of North Carolina at Charlotte for that law school's Constitutional Law competition. Ted Firetog and Karen Mathews competed in the Niagara International Law Competition in Cleveland the first weekend in The 1979 Albert R. Mugel Tax Competition, which will be held March 30 and 31, is the next major project of the Buffalo Moot' Court Board. The Board's Mugel committee is currently sending invitations to tax specialists and members of the local bar to act as judges for the preliminary and final oral rounds. Twenty teams from law schools throughout the Northeast and Midwest have February. Mike Buskus and Claude Joerg already" filled the field of will participate in the Irving R. competitors. The problem, which was Kaufman Securities Competition written by Professor Kenneth at Fordham University. Tom Joyce, revolves around issues Bremer and Madeline Bernstein covered in Tax 11. Last year's are preparing for the Paterfts Mugel winner, Brooklyn Law Competition in New York. Jerry School, will return to defend its Paun and Ann Pfeiffer will argue tie. Third-year student JoAnn in the trial technique competition iould and second-year student sponsored by the Pittsburgh Trial \nn Bermingham will represent Lawyers' Association. - Research Computer Available —continued frompage one is its cost. While Mead leases these computers to law schools at preferential rates (in 1976 Mead would facilitate incorporation of this device into the libraries of small law firms. The content of this article was based largely on, several journal articles and a series of videotapes produced by Mead Data Central. Readers looking for more detailed information should consult: Sprowl, Computer-Assisted An Analysis of Legal Research full-Text Document Retrieval Systems, Particularly the LEXIS System, / Am. Bar Dound Research J. 175 (1976). Dee & Kessler, The Impact of Computerized Methods on Legal Research Courses: A Survey of LEXIS Experiences and Some Probable Effects of WESTLAW, 69 Law Library J. 164 (1976). Halladay, Legal Research with WESTLAW, 61 A.B.A.J. indicate when the researcher is on the right track and to facilitate charged the Ohio law schools changes in research strategy when $1500 per month for unlimited appropriate. curriculum-related research during Various written instructional time-restricted periods), law firms materials, such as the looseleaf using LEXIS are assessed fees for "LEXIS Desk Book," are every search request, depending supplemented by individualized upon how long the search takes. instruction sessions with librarians Most law firms pass on this cost to or LEXIS salespeople. clients by means of special billings The availability of specialized from Mead which itemize use "libraries" including securities law charges by client and file number. and tax law offers special It has been speculated that advantages to these practitioners. LEXIS or other "full text" For example, LEXIS has complete computer systems could files of SEC "no action" letters, eventually supplant book an essential reference tool for collections for some libraries. securities lawyers. Other special Because LEXIS contains the advantages of LEXIS include its entire text of reported decisions use as a very up-to-date plus printing capability, small Shepardizer and the ability to libraries with limited shelf space, quickly amass citations to every and restricted acquisition budgets 1414(1975). Neth, Computerized Legal case decided by a particular judge. might prefer to lease a LEXIS The single most significant terminal. Furthermore the ability Research in theLaw Schools: The restriction limiting the to directly pass the cost of such Case Western Reserve Experience, proliferation of LEXIS terminals research on to individual clients 28 /. ofLegal Ed 553(1977). —' - - - - HOFSTRA r3P LA VV Of> V T f*\ f\ T \^, JLJ. \J VII j, C>«-t«*M/.* OUlfltner COURSES CREDITS Conflict of Laws 3 Criminal Procedure I 3 Debtor Creditor 3 Evidence 4 Family Law Individual Income Tax PrOgraifl LanTuse^nnhi Secured Transactions -_- 11-AUGUST 3 4 3 3 24 Business Organizations For further information write or call (516)560-3636 j. _T ; Commercial Paper Communications Law Health Law Labor Law Products Liability Wills, Trusts & Estates HOFSTRAS UNIVERSITY 12 Opinion February 8,1979 4 3 3 3 3 3 4 SCHOOIOfIAW HEMPSTEAO. NEW YORK 11550 —continued from page nine Faculty /Student Committees We need better communication between the SBA Board, the student members of the various committees and the student body. Since many of the committees only exist on paper or are both poorly organized and poorly run, structural changes should be made or these committees should be abolished. We also need increased student representation on some of the committees, such as the Appointments Committee. ■ ... continue to look into tne possibility of joining SASU and we should begin lobbying for student concerns in Albany and Washington. In addition, we must increase and formalize our relationships with the other SUNY Buffalo student organizations and we must have better contacts with the alumni association. Newsletter A bi-weekly SBA newsletter could keep everyone much better informed of SBA activities. - Grading System The faculty is still under Admissions , pressure to change our present We must involve students in grading system and they will, in recruiting by telephoning and all likelihood, discuss the issue at writing accepted applicants. We one of their next meetings. We also should be ready to invite have to continue representing the accepted applicants to come tp student view as it was expressed in the school so that we could show the grade referendum. them around and give them a Affirmative Action We must continue to vigorously support proposals which will result in the admission of more minority students and the appointment of minority faculty members. We should also support such ideas as the proposed grant for a minority student affairs coordinator and such organizations as BALSA, PRALSA and the ad hoc affirmative action committee. SUMMER SESSION II JULY President's Corner Late Grades We must continue to use all legitimate means to maintain pressure on the faculty so they will follow their self-imposed deadline of getting their grades in 4 weeksafter the last exam. SIONI — student perspective of law school. Placement We must insure that the efforts of the placement office are directed toward helping all law students find the best possible summer and permanent positions. Summer Pretence We need students to represent us over the summer in all the very important issues which affect us, i.e. discretionary admissions, Fall course offerings, facujty appointments. We should also be more involved in Freshman orientation. f Public InterestLaw We should consider the possibility of funding one or two public interest law jobs for Social Events and Student Life We need more social events of students who want to do this kind all kinds, i.e. parties and other of work over the summer or events such as. a bowling during the school year. tournament, baseball games, etc. Notwithstanding our funding, we We should also have an organized should investigate other sources of schedule of these events. We cottld funding for this kind of work. get to know each other better if we pursued ideas such as a Awards We should do something on a social/information drop-in-center and weekly get togethers with the formal basis to acknowledge faculty, administrators and staff. faculty, administrators and staff who contribute more than is External Affairs required to make us better Our modest efforts have just students and better prospective begun in this field. We should lawyers. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-02-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/8/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e295d8aeb898a8a2201e34c5237651ab.pdf e34089b0d7d1a40015883816b6023566 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 19, Number 7 Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law January 25,1979 Bookstore's Owner Unveils Anti-shoplifting Campaign by Mike Buskus A change in ownership of the University Bookstore and recent management policy decisions portend considerable alterations in routine operations at the Baldy Bookstore. Increased emphasis on non-law book sales and a newly proclaimed anti-shoplifting campaign were among some of the more noticeable differences apparent to returning customers. In addition, the bookstore almost didn't open in advance of classes, as has been the norm for several years. Follette Enterprises of Chicago now runs Baldy as well as the Ellicott and Squire Hall stores. Follette, a national chain which also manages the campus bookstore at the State University of New York at Stony Brook, displaced the Faculty Student Association as the sole operator of the University Bookstore. Law students first sensed the impending ownership transfer during the week of January 8 when signs posted at the bookstore advised patrons that store hours would not resume until January 15 at 9 a.m. For law students with reading assignments already posted and classes starting on Monday, January 15 at 8:30 a.m. that late-opening created considerable dissatisfaction. In the past, the bookstore opened several days before the start of classes to accommodate law students. During the week of January 8, various students consulted with Dean Headrick and other administration officials in an effort to. pressure the bookstore to re-open ahead of schedule. Bookstore reveals new look. . Bookstore management, after consulting with Registrar Charles Wallin, reached a compromise under which law students would be allowed limited access to the bookstore on Friday, January 12 and Saturday, January 13. Service was limited to law students and buying law books. Also, instead of the traditional "open stacks" at the law bookstore, students buying law books on January 12 and 13 were required to queue up in frontof partially barricaded doorways. Students were not actually allowed inside the store. Customers were directed to "place their order" on written book request forms. Book purchase requests were filled by bookstore staff, but customers waited in line an hour or more to receive their books. Sales were restricted to law textbooks only. Students were not allowed to buy pens, pencils or notebooks. Bookstore operations manager Ralph Trede, who directs all campus bookstore services out of his Squire Hall office, blamed the Incident on an "awful miscommunication." He claimed a misfiled scheduling memo circulated in October led to a misunderstanding as to when the store would re-open in January after the holidays. When the bookstore resumed full operations on January 15, the semi-annual beginning-of-the-semester crowds jammed the store. While the long lines may have been familiar and commonplace, some alterations in store policies were apparent. Noticeable was the fact that shelf space for non-law books had expanded again. Law texts were relegated to a small corner of the store. (It is worth noting that non-law books occupied only a few feet of shelf space in 1974 and 1975 when the bookstore was based on the seventh floor of O'Brian Hall. After the store moved into Baldy in 1976, law books were clearly the major stock-in-trade of the north campus branch of the University Bookstore. Although a general bookstore branch was established at Ellicott, Baldy was remodeled last year to provide space for additional non-law books.) This year, the bookstore provided "open stacks" for both non-law and law books. Last year, non-law students were required to write orders to be filled by store employees. ' Several other alterations in store operating procedures were conspicuous when the store re-opened in January. All persons' paying by check are now required to have their checks "approved" in advance at a special table staffed outside the bookstore entrance. According to Baldy bookstore manager Marian Crowthers, this change expedited checkout lines inside the store. All persons entering the bookstore are now being requested to remove coats and leave them outside the store. Bookstore employees explained it was a new policy designed to minimize shoplifting. Although customers were being directed to leave their coats and jackets outside, the bookstore declined to provide a coat-check system or a coat-rack. Nor would the store furnish employees to watch such garments. Furthermore, a bookstore employee who was probably unfamiliar with the law of bailments declared the bookstore would not be responsible for coats stolen while customers were shopping inside the store. To check on how the bookstore intended to enforce the announced "no coats" policy, the this newspaper editor-in-chief ofClad in a slightly conducted a test. oversize winter jacket borrowed from another Opinion editor, jason Poliner approached the bookstore entrance. A bookstore employee confronted Poliner, requesting him to remove his coat. When the newspaper editor inquired why that was necessary, he was offered the anti-shoplifting rationale. Poliner questioned the clerk, pointing to other students inside the store who were wearing jackets: the store employee retorted that "they must have slipped past me." When pressed as to whether it really was necessary to remove the overcoat as a -miktbuskus -continued on page tlght It's January 25. Do you know where your grades are? Cancelled Examination Makes Break Uneasy For Eleven Students Citing a "breach of security" as justification, Associate Dean William Greiner on Thursday, December 21, notified eleven students scheduled to take a make-up examination for Professor Spanogle's Consumer Protection class that the exam had been postponed. The exam had been scheduled for the following morning. This postponement touched off a wave of confusion, anger, and frustration in the students affected by the change, and as of this writing, there is still no official word as to the final disposition of the matter. The alleged "breach of security" came about as a result of a break-down of communications between Registrar Charles Waliin, who had scheduled the make-up exam, and Professor Spanogle. Due to conflicts with other exams, the 11 mainly second year students had arranged with Waliin to take the exam on Friday, December 22 rather than the official date Tuesday, December 19. Spanogle claimed he had never been officially informed by the Registrar that approximately one-third of his class would be taking the exam at a later date. This claim runs contrary to reports of students in the class who state the time problems and the need to reschedule the exam were discussed openly in class in Spanogle's presence. A group of students claim the precise datefor the make-up exam was even informally decided upon in class due to Spanogle's desire that 11 students not take the exam at 11 different times. These students were surprised to learn that Spanogle claimed ignorance of the fact that a number of students would be taking his exam at a later date. Although Spanogle apparently discovered on Thursday afternoon that a number of students were scheduled to take a later exam, it was not until that evening that Greiner began to contact those students i affected by the cancellation. The reason for the cancellation was not made clear to the students at that time. Greiner told the students that they received a "reprieve" the exam would be given after vacation. All the students could not be notified by phone since they were not all at home to receive Greiner's call, and instead found out about the decision through the rumor mill as they sat in the library studying for an exam that was not to be given. When pressed to explain exactly what "breach of security" had prompted the exam postponement, Greiner claimed that Spanogle had discussed exam questions with students who had taken the exam on the earlier date. While it was never claimed that any information was relayed to those students who had not yet taken the exam, Spanogleinsisted that Wallin postpone the exam. Spanogle wanted to write a new exam so the remaining students would not receive any unfair benefit. Greiner backed Spanogle's decision, and the students were left with no option but to leave for vacation, knowing they were not really finished with school. Upon their return to school this semester, the issue was far from settled. A group of students were unwilling to take a make-up exam in light of the fact that the cancellation was caused by administrative confusion, and through no fault of their own. — -continued on page eight �. Vol. 19, No. 7 Editor-in-Chief Jason Poliner Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Jan. 25,1979 v Student : To the Editor: Alan Beckoff, Steve Blumberg, Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Amy Jo Fricano, Carol Gardner, Jay Marlin, Bob Siegel Contributors: Arlene Fisk of materials herein is Copyright 1978, Opinion, SBA. Any strictly prohibited without the express consent of the Editors. OPINION is during for the academic year. vacations, published every two weeks, except It h the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260.The views expressed in this paper are not necessarily those of the Editorial Board or Suff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Can "Stop And Frisk" Be Far Behind ? Last year many people felt it was an inconvenience to leave their books at the entrance to the bookstore, only to backtrack and retrieve it when they left. It was not uncommon to hear the voice of disgruntled students who had ventured some twenty feet from the bookstore before remembering their books were by the entranceway. As the amount of time spent in the bookstore increased so did one's chances of forgetting. It was therefore not uncommon for one, hours after leaving the bookstore, to suddenly realize that his/her books were "hopefully" at the bookstore. Unfortunately, the situation has not improved- This year, the bookstore is under new management. With the influx of new management has come the introduction of additional entrance "requirements." No longer will the merely book-less student be granted admittance; today's student must be without a coat as well. Clearly the added requirement is one designed to minimize theft and maximize security. There is little question that an increase in security will tend to lead to a decrease in theft and ultimately to a decrease in price. We do not object to management's imposition of greater security in the bookstore. We do, however, object to the means, or more accurately, the lack of means they have chosen to effectuate these ends. If the bookstore wants students to cooperate with this newly adopted procedure they should make greater efforts to reduce the inconvenience associated with the present situation. They should provide at the very least a coat-rack. It is indeed presumptuous of them to assume that all students using the bookstore do not mind stuffing their coats into cubby-holes or leaving them on the floor. Opinion has been informed it is not mandatory that one remove his/her coat before entering the bookstore. As more people learn that they have a choice between leaving their coats on the floor, unguarded, and wearing them into the bookstore more people will undoubtedly be less cooperative. Maybe then the new management will provide the necessary means to carry out what they have deemed to be a necessary policy. OPINION OPEN HOUSE Writers, cartoonists, photographers, artists, poets, layout editors. If you have experience, or want to gain it, in any one of the above areas, drop in on Tuesday, January 30 between noon and 4 p.m. in Room WINE, 2 & CRACKERS BEERiwillCHEESE be served. Opinion "Mad As Hell" About Grades mass of students graduating from this law school. It doesn't cut down on competition. Instead of reducing the pressure it increases it, for at least in an A,B,C,D,F grading scheme there are differentiating standards of performance that are so recognized. With Only an average of 10% of the grades being H, the H assumes a position all out of proportion to the A it's The present system neither good work (as distinguished from superior work) nor penalizes mediocre work. I will take what I get C or whatever but do it fairly don't penalize me or someone else. If I did C work, that's feedback to me that my work wasn't as good as I thought it was. We should all be able to accept that. But, the Q grade doesn't give supposed to supplant. you that feedback. It tells you As one second year law student nothing except you didn't get remarked to me, '.'All you have to H or a D. an not do is get H's." But the H is Why would anyone in their something you can in the end the 100% all or right mind who worked extremely study for nothing final deals with a hard and knew they knew the performance that may be work, but just kept on missing H's contingent on how one feels that and suffered Q's put themselves day, the type of question through another semester of 7 encountered, or the special way of days and nights of unremitting handling a question fine. But, work? For what?? Inner what about the neiar misses the satisfaction?? When there's no Q+, or the professor who will not ■ feedback?? When we get the same grade as people that we know give out plus or minuses. There" is nothing the matter don'thave as good a knowledge of with having an Honors grade. The the material?? problem is the drastic drop-off of What's the point?? Why mediocrity that the Q embodies. perpetuate a myth of All the arguments to the contrary non-competition, when about being "qualified" and doing competition has existed for most "satisfactory" work doesn't hold of us in the past to get here; when up to the fact that the B student the system here intensifies it, and is heavily penalized by the system, when we will face it once we get for his grade is given the same out of here?? weight as a C grade. Of course, any change in the So, it becomes an all or grading system was rejected by proposition an or H nothing body in October and the student nothing. To those who feel that our even if there was a change, it present grading scheme would most likely not affect us. But, I just wonder from all the encourages students to take courses they might otherwise not talk in the halls and at lunch how take if traditional grades were the first year students would vote given, why not give each student today. the option of carrying an X number of, pass-fail grades during -~ his law school career. Jay Martin ■ "I'm mad as hell and I'm not going to take it anymore." With due apologies to the late Peter Finch, the' above expresses the frustration and anger over a grading system that to put it mildly stinks to me. As a first year law student, my views of the grading system during the early fall were mixed ranging from an amused view that it would cut down competition to the idea that it would be a healthy way to promote cooperation among students who would not supposedly be grade-grubbing. But as finals approached, less and less did the H,Q,D,F system seem the great benevolent massager that it was put forth as — - — Januaiy 25,1979 - — - — . Non-law Presence Cited As Law Library Problem Editor's note: The following Is a this campus, in recent years, has — an adequate performance. Adding insult to injury to those falling in the twilight zone, a H asterisk or plus is recorded on the permanent record, in effect creating a new grade category. What fairness is.there in a system which will allow this new grade category, and give those who got an H an added advantage, while at the same time denying it to those with the Q+, which would surely mean more to those people in differentiating themselves from the masses than the person who gets the H asterisk or plus? The mystical grand H has taken on more of a meaning than simply Honors or the equivalent of an A. Academically, it is the only way to distinguish oneself from the — -- And, now that grades are coming out, it's clear that my feelings are reflective of not only myself, but of othe.rs. I'm tired, I'm frustrated; and I'm angry with a grading system that destroys any incentive to work harder, that encourages mediocrity, that doesn't tell you how you've really done, and which rewards most students with a meaningless Q which stretches from C- to a B+. If the goal of a law school is to try to train better lawyers, then there should be adequate feedback as to how the student is doing in learning the law and learning how to think like a lawyer. The Q is meaningless. It covers such a wide range of categories that it is difficult to ascertain the level of performance within the Q itself. Under the system, unless the professor utilizes the plus or minus, there is no feedback to the student on how he or she has "done comparatively with other members of theclass. The argument'thar*'! know I did well" doesn't amount to'a hill of beans just because one thinks one did well. Clearly, there are different levels of performance from satisfactory work to very good work. What can be even more frustrating is the "twilight zone" known as the Q+. Although a letter may be placed in the student's file attesting to his or her better than Q but less than H work, the grade recorded on the permanent record is still a Q. Once again, a good performance is given the same weight as merely rewards - being. Editorial 623. Letters To The Editor - copy of a letter dated January been at a premium. The Law 12th to Professor 'Wade New Library, centrally located on the house, Law Librarian. Amherst Campus, offers students a convenient place to study at Dear Professor Newhouse, Amherst. Since the Law Library was the first library open on this This letter is an attempt to call campus, I'm sure many attention to what I consider a undergraduates have made it a major problem facing this law habit of using the Law Library for school. It is a problem which must study. be dealt with if the Buffalo Law While the Law Library was the School is to maintain its place of only library on campus, I had high standing among American sympathy for the plight of undergraduates and other non-law Law Schools. The problem is the increasing students. However, with the use being made of the law library opening of the Undergraduate by non-law students. A law library Library in Capen Hall and is a place for law students and Lockwood Library, I expected students .doing law related work these people would not longer to study the law. It should not be cause problems by using the Law a place for the entire University Library. community, from first-year It is clear now that my undergraduates to Ph.D expectations were mistaken. candidates, to congregate. Yet, Instead of using Lockwood and durfrr " c recent exam period this the UGL, the undergraduates and is exactly what happened. It was other non-law students continue evident the influx of non-law to use the Law Library. students had turned the Charles B. Obviously, the Law Library Sears Law Library into the Sears offers many advantages to the Library for General Study. non-law student. Its quiet The reasons for this change of atmosphere, longer hours, and function are not very difficult to close proximity to the parking pinpoint. With the increased lots and the bus stop all number of students on the contribute to the widespread Amherst Campus, study space on -continued on page three �President's Corner SBA Election Ahead All Positions Open by Tony Leavy Since the SBA regular elections will be held shortly (probably in the last week of February) and some students might be thinking of running for an SBA position, I thought it would be appropriate to briefly describe both the SBA's function and its structure. (Technically, the SBA includes all enrolled law students but when I to it I mean the student government.) Some of the major functions of SBA include: collecting and disbursing the student fees recognizing and approving all other student organizations funding most student organization -mike buskus appointing student representatives to all Faculty-Student Committees appointing student now that other libraries are open representatives to the Faculty meetings on the Amherst Campus. j funding the Law Revue Following this procedure at the Show, Orientation and parties beginning and end of each running the law school semester should be enough to basketball tournament discourage non-law students from maintaining contact with using the Law Library. While this may seem like a drastic action, outside organizations such as the I'm told other Law Schools, Student Assoc., Graduate Student Notre Dame, Georgetown, and Assoc, Law School Alumni Yale to name a few, all discourage Assoc., etc. advocating student interests the use of their Law Libraries by at formal and informal meetings undergraduates. I "hope you will' give serious and discussion with the consideration to this problem and Administration and faculty A mere listing of these take appropriate remedial action. functions obviously cannot fully describe the operations of the JR. Drexeliusjr. 19 SBA but it doesgiveageneralized final method would be to *A picture of the organization. In shoot 'em. short, almost everything that concerns us as law students eventually comes before the SBA for discussion and/or action. Having discussed the functioning of SBA let me now *turn to the structure. There are from spending what I consider to four officers: President, be the necessary amount of time Vice-President, Secretary and needed for the office of president. Treasurer. There are also six I will continue to serve out my Directors for each class. The term which will expire officers are elected by the whole immediately after the upcoming student body and each class votes results of the election are" for its own six directors. All of validated, which will be about the these positions are to be filled in first week of March. the upcoming election. The Treasurer not only keeps the Tony Leavy books and records of the SBA and — Drexelius bares plan to alleviate overcrowding in law library. - , Drastic! Action Urged In Library Use -continued from page two use of the Law Library instead of other libraries on campus. A more cynical reason to believe that non-law students use the' Law Library may be that these non-law students are interested in dating :ligible law students. Any and all of these reasons may contribute to the overcrowded conditions of the Law Library. Whatever the reasons, the widespread use of the library by non-law students cause major problems for law students. The library has become noticeably louder recently. Undergraduate's enjoy chatting with their, friends while law students try to sludy. Vandalism to study carrels, tables and walls have increased since the arrival of large numbers of undergraduates on this campus. A sign says the Xerox machine is only for law related work. Yet law students must wait in line as a steady stream of undergraduates copy exclude students who are neither law students or students doing law related work from the Law Library. There are a number of ways this action' could be instituted. One would be to require all students to exhibit their ID card indicating they are indeed law students. Another method would be to have a roving librarian indicate to students engaged in non-law related work that their continued presence in. the Law Library is not proper and point the way to Lockwood or the LIGL,* The main pujpo.se of these actions would be to break undergraduates and others of the habit of using the Law Library —• — — — — — ' — heavy Shuns Reelection chemistry notes, English papers, ~~To and lab reports. Take away all this non-law related Copying and I'm sure the Xerox machine would break down far less frequently. As exams approach law students need study time and study space. Yet walking into the Law Library early one Sunday afternoon during the exam period, law students found neither. By 1:30 in the afternoon the Law Library was completely filled. A rough estimate, based on the type of book open in front of students on the second and third floors, indicated that easily Vi of the students on these floors were involved in non-law related work. A walk down the hall indicated part of the problem. Lockwood was only open that day from 2 to 8 P.M. Non-law students, taking advantage of the Law Library's longer hours, had taken over most of the Law Library, at the expense of late arriving law students. I feel drastic action is necessary. The Law Library should be for law students. We require far more study time and preparation for exams. The fact that our "reading week" has been cut to three days does not help matters. We pay a lot more money than undergraduates and sometimes receive a lot less in return. It is time for the Law Library to institute a procedure to. — the Editor: I would like to take opportunity to tell everyone I am not going to run re-election for president of this that for the •SBA. Over Christmas vacation I received an unexpected offer to joia Law Review, which I accepted and this new time commitment will preclude me all other student organizations but also serves as the Chairperson of the Finance Committee, which has much influence over how the student fees are to be spent. The Treasurer also chairs the fee waiver committee. The Secretary is responsible for posting notices, agendas and minutes of the S6A, taking the mfnutes at the SBA meetings and managing the business and office affairs of SBA. The Vice-President serves as 'to I representative a*l University-wide committees, liaison to all other law and education-related organizations, i.e. Alumni Assoc, etc., Chairperson of the SBA External Affairs Committee and President in the President's absence or when a vacancy occurs in the Presidency. The President presides over Board meetings, and with Board approval, establishes the meeting agendas, appoints members to SBA committees and Faculty Student committees, fills SBA vacancies in certain situations and generally acts as the primary representative of the student body. This serves as a short and general description of the function and structure of our student government. (If anyone wants more specific information I'll be glad to talk with you.) The SBA, with dedicated members, has done a lot over the last few months to positively affect the Law School and its students. I am convinced that it can continue in this vein if good people decide to run for one of the soon to be filled positions. If you are interested in helping shape our school and representing students I urge you to pick up the petitions, circulate them and run. Faculty Legislation Imposes Deadline For Grades MEMO TO: The Faculty FROM: Tom Headrick RE: Blue Books For those of you who are new the system or who are empirically bent and like to compare behavior (your own, in this case) with written prescription, I enclose a description of our current grading system with several pieces of its legislative history. For all, I enclose the faculty legislation which imposes on us the deadlinefor turning in grades: four weeks after the end of the examination period which for this semester, will be January 19, 1979. I do not need to remind you, but I will, that failure to observe our self-imposed limit on a matter of such great concern to to students' does the school (1 ) I ndividual teachers considerable harm. It feeds a including part-time teachers, will destructively cynical student report grades no later than four attitude about the faculty's own weeks after the date of the last sense of professional obligation examination for the particular and lessens the respect they have semester. for our attempts to impart that (2) To ease the resulting time sense to them. pressure on those Faculty members who will have to grade Time Limit on Grading Minutes, more than one set of examination March 28,1967 papers, the Associate Dean will Professor Laufer, speaking in schedule theirexaminations at the his capacity as Chairman of the earliest convenient date within the Student Affairs Committee, examination period. (3) Students who desire to be introduced the following resolution in an effort to remedy notified by mail of particular grades received may turn in a the problem: "In light of recent adverse self-addressed and franked experience and. student petitions postcard to the Dean's Office for asking for changes in present each of the grades requested. practices the Faculty hereby These grades will be mailed by the declares the following policy office as soon as they become regarding the publication of available. (4) In order to assure the examination grades: ' .. integrity of the examination procedure, no teacher will discuss with a student the examination or grade given to him in the particular course until the grade has been submitted to the Registrar. (5) As heretofore no grades shall be released to any student who has failed to pay tuition for the semester preceding the examination. (6) Before each examination period, a copy of this statement of policy will be distributed to all instructors and suitably brought to the attention of the student body." Faculty discussion of the Resolution followed. The Resolution's adoption was moved and duly -seconded. The vote revealed nine in favor of the adoption and three opposed. Jamvy 25.1979 Opinion 3 �Brooks Qn Blackmun One Nixon Appointee Shows Liberal Tendencies fraud or deceit in connection with the purchase or sale of any security. In Blue Chip Stamps v. When he was running for Manor Drug Stores, 421 U.S. 723 president in 1968, Richard Nixon (1975), the Supreme Court held promised to nominate to the thatv a person who has neither Supreme Court judges who were purchased or sold any offered more conservative than the shares cannot maintain a private members of the Warren Court. He cause of action for damages for kept his promise and beginning in violation of 10b-5. In Ernst & the early 19705, trie Supreme Ernst v. Hochfelder, 425 U.S. 185 Court with four Nixon appointees (1976), the Court held that a ended the activist era of the plaintiff must prove a defendant .Warren Court and began an era of acted with scienter in violating conservatism. judicial 10b-5 in order to collect damages However, in the last few years, for its violation. Blackmun perhaps Blackmun, the Justice dissented from both these cases. least noticeable of the Nixon In Blue Chips, he charged the appointees has become majority with a "preternatural increasingly liberal. I don't know solicitousness for corporate the reason for Blackmun's change, well-being and a seeming if in fact he really has changed. callousness toward the investing (He did write the opinion in Roe public." 'He then added that such v. Wade.) In any case, a possible a decision limiting the scope of result of Blackmun's liberalism, 10b-5 should not be left to policy whether it be newly found or considerations which the majority Supreme is that the continued, basically did in reaching its Court may be shifting away from the conservative direction it took "In joining Mr. Justice Stewart, decision. Blackmun's actions in the in the first half of the 19705. I have joined his forthright Perhaps Justice Blackmun's rejection of the notion that First Court's most recent term indicate liberalism has been most Amendment protection is that his liberalism is continuing. noticeable in the area of freedom diminshed for 'erotic materials' Blackmun, along with Justices of speech. He wrote the majority that only a 'few of us' see the White, Brennan and Marshall, argued the admission policies of opinion in Virginia State Board of need to protect." the medical school at Davis were Pharmacy v. Virginia Citizens Consumer's Council, Inc. 425 U.S. Blackmun's liberalism is also constitutional. He joined the' 748 (1976), in which the Supreme evident in the area of securities Majority in Perm Central Transp. Court struck down a Virginia regulations. In recent years the Co. v. City of New York 98 S.Ct. statute that prohibited advertising Supreme Court has followed its 2648 (1978). It concluded that of prescription drugs. The conservative trend and limited the designation of Grand Central Supreme Court relied heavily on liability for violations of Rule Station as a landmark under New Virginia Pharmacy when it upheld 10b-5 of the Securities and York City's Landmark a lawyer's right to advertise Exchange Commission. The rule Preservation Law and the "routine" legal services in Bates v. prohibits anyone from making subsequent prohibition on certain Arizona. 433 U.S. (1977). Justice any untrue statement of a usages of the property didn't Blackmun again wrote the material fact or engaging in any amount to an unconstitutional by Bill Brooks and 14th many people assume consists of Justices Marshall and Brennan. part of the majority in Monnell v. Blackmun's views regarding Dep't of Soc. Serv. of City of criminal procedure are still NX, 98 S.Ct. 2018 (1978), relatively conservative compared which overturned a portion of to those of the latter'two justices. majority opinion, this time for a slim 5-4 majority in which he stated "Like the Virginia statutes, the disciplinary rule serves to keep the public in ignorance." Blackmun also found himself in unlikely company for a supposedly conservative Nixon appointee when he, along with Justices Marshall and Brennan, joined the dissenting opinion in Young v. American Mini Theatres, 427 U.S. 50 (1976). The Court in Young upheld a local ordinance which prohibited an "adult" theatre from being located within 1,000 feet of any two "regulated uses" or 500 feet of a residential area. The term "regulated use" included ten kinds of establishments, including "adult" theatres, adult book stores and Group D cabarets. Blackmun then wrote a concurring opinion, joined by three other dissenters in which he stated Attention Seniors! SAVE "50 when you register for bmbn's New York, New Jersey, or Pennsylvania Bar Review taking under the sth amendments. Blackmun was also ' Monroe v. Pape, 365 U.S. 167 (1961). In Monnell, the court determined that local governments were "persons" for purposes of 42 U.S.C. §1983 and thus were liable for actions that arose out of governmental custom. The court thus rejected that portion of Monroe v. Pape w)iich granted immunity to municipalities under §1983. Blackmun still maintains a relatively conservative view in the criminal area. He wrote the majority opinion in Andersen v. Maryland, 96 S.Ct. 2737 (1976) in which the Court concluded that the seizure of the defendant's bank records didn't violate the self-incrimination clause of the sth amendment. He was part of the majority in Stone v. Powell, 96 S.Ct. 3037 (1976) in which the Court foreclosed habeus corpus actions based on unreasonable search and seizures when the defendant had been afforded an opportunity for a full and fair litigation in state court. One only has to breeze through the supplement to the Kamisar, LaFave and Israel textbook to notice how the Burger Court, with the help of Justice Blackmun, has limited decisions of the Warren Court in criminal areas. Perhaps there is a reason why Blackmun has not been considered part of theliberal bloc The Warren Court quite possibly received its greatest notoriety for its decisions in the criminal area and it is possible when some people think of conservatism and the Burger Court, they are thinking primarily of its decisions in the criminal context. There are indications that in the criminal area as well the Supreme Court and Justice Blackmun may be becoming a little more liberal. This summer the Court heard five double jeopardy cases and decided three in the defendant's favor. The Court also struck down Ohio's death penalty statute. It remains to be seen if the Burger Court will halt its conservative direction in the criminal area, and whether Justice Blackmun will begin to side more often with Marshall and Brennan in the area. Outside of the criminal context no such wait is necessary. One only has to look at the advance sheets for the 1978 summer term of the Supreme Court to realize the Court is no longer thebastion of conservatism it once was, if it ever was one. (All liberals had to decry the Burger Court in order to maintain' a conscience, and while a great deal of maligning was justified perhaps all of it wasn't.)- In any event Justice Blackmun certainly cannot now be considered in the same breath as Nixon's dynamic duo. CLASS OF 1980 AMfi^ SECOND SEMESTER 1 * DISCOUNT $«* sinn atUMt IMU When you register for (Q)0/O^f s REMEMBER: Hie last day to save $50 off the price of your course is Thursday, March 15 NEW YORK BAR REVIEW COURSE REMEMBER: The last day to save $100 off the price of your course is March 15 A $50 deposit will insure the savings $100 deposit entitles you to the books NOW. A PS/^fltTS^^^Ml4ol NEW YORK- NEW VOnK 10X0/// CJV M "»»' . Vi^VrVL/ ■(212)594-3696 ««NTH AVENUE, SUITE 62 STUDENT REPRESENTATIVES: 75M246 KarmNtathrnvt «««HCh«rt» RickySMniMl Bonnie Coh«n 839^3187 K«n Patricia , Garyß.Cohen 8384805 Jrff S«r «th«r 695-1294 CWf.F^r Mik. Shapiro Martha KrM 8384878 KMiTunk TimCMhmora. ' 4Ol7thA^Suito62 NnrYaridLY. 10001 2HSSM-MM M/MMNI : 4 Opinion January 25,1979 : fltadytUFory 6364867 ■ 827-9282 SB9-7572 689-7872 691-3093 838-2058 6824632 > r �Vacation In Chilly Florida With OSHA, Rain And PVC by Amy Jo Fricano The irony was almost painful. Relaxing with the Orlando Sentinel Star on the last day of vacation, my otherwise fruitful fall semester came back to haunt me. Having just completed the Law in the Workplace Seminar, the headline "Senate Committee Recommends Disbanding of OSHA" struck a nerve, just when I had nearly forgotten the late night horrors of exam week and the snow and cold of Buffalo. Aside from having seen a few cryptic notes on the bulletin boards around O'Brien Hall, you probably didn't hear much about the seminar, so allow me to fill you in. First the good news, then on to the rest of my "vacation." The Law in the Workplace Seminar was the brainchild of several students interested in occupational safety and health issues. The main topics were the OSHAct, Workers' Compensation, and their practical side effects on people. Professor Lindgren was recruited to oversee the events. The course met weekly. 'Common reading was discussed at the outset, and from there each person was responsible for conducting one class around her/his seminar paper. The format made for lively discussion and diverse reading. Topics ranged from economics and history to women's special occupational health problems, political dynamics and press coverage of occupational health and safety issues. While the class spent plenty of time dissecting statutes and examining precedents; the sojourn didn't end in the classroom. The class toured the Harrison Radiator Plant in Lockport and Bethlehem Steel in Buffalo for a look at some real lifehazards. Several students got involved with the Western New York Council for Occupational Safety and Health (WNYCOSH), an activist group ofunion leaders and legal and health professionals. WNYCOSH will be hosting a conference soon, and those seminar students are preparing the educational materials for. distribution to the participants. This month's issue of Columbia Journalism Review contains an article resulting from research done for the seminar. The article focuses on press coverage of the Love Canal and the overlooked but surely relevant occupational health story. So with the dangers of polyvinylchtoride (PVC), asbestos and dioxin deeply impressed upon my brain, Robert and I packed up after the holidays for some fun in the sun. I should have guessed what kind of vacation I was in for when the phone rang as we were on our way out the door. Between the crackles corning from the ear piece, I deciphered a voice asking me for a copy ofmy memo about Hooker Chemical's shenanigans with the Niagara Gazette over Love Canal. "I'm with KIRO-TV in Seattle," the voice said. "I'm doing tome research on Hooker. It seems the company has dumped • some rather nasty stuff near, if make everything, including the not into, an aqueduct leading to plastic bottles right on the site. the Tacoma water supply. Could And who makes the raw materials for plastic bottles? Hooker you help me out?" After a gasp and a few shivers I Chemical. said, "Sure. For fifty bucks. They I can't tell you the glee on don't pay you to go to law school, Hick's face when he took us through the bottle operation. He you know." AAUUUGHGHGH!! "What has law school done to made a point of marching me over me?" I thought. We finally settled to some enormous boxes full of for a trade, my memo for his TV clear plastic chips (marked copy, if he ever gets enough Hooker). He grabbed two fistfuls information to get the story on of the stuff and giggled between exclamations of "PVC!! PVCH the air. Vacation warning number two PVCH" The poke, of course, was came on the way to the airport. at me. The people who work in Dusk and tons of snow, just like his plant are not risking their the AlkaSeltzer Plus commercial. health to make the bottles. The "What DO people in Buffalo, New people who make the chips are. Like I said, it was cold all York do for a bad winter cold?" Leave for Florida, if they can land week. And on the last day it was the damn plane here to pick us raining as I snuggled down with the Orlando Sentinel Star. up. Take-off was an hour late, and "Senate Committee Recommends we made our connection in Disbanding of OSHA"?!! A final Atlanta by about thirty seconds gasp. with me lugging a case of Brador (bound for some underprivileged, thirsty Floridians) from one end of the airport to the other. I worked up a good sweat by the time we boarded. "This is your captain speaking. We're having some problems by Mike Buskus closing the cargo door. We're working on it now and should be taking off in about ten minutes." The Occupational Safety and "Don't look at me, Bobby." I Health Administration (OSHA), said. "All I packed was three bikinis and •■ a toothbrush." Of which has come under increased industry and course, it turned out to be cold all criticism from both labor leaders in recent years, is the week. subject, of a new hornbook An hour later the plane finally in 1971 by West published taxied to the end of the runway. Publishing Company. came back over And guess who Occupational Safety and Health the loudspeaker? by Mark A. "The hydraulic pump on one Law was authored professor of law at Rothstein, of our engines is out. We'll have to University. go back to the terminal and see if Ohio Northern we can get another plane, or see if In the preface the author we can fix this one." eschews the possibility of writing I overheard an irate about every OSHA regulation. businessman-type tear into a Instead, he asserts "the book stewardess, ending the focuses on the common legal conversation with "Go to your issues raised by OSHA room, sweetheart." My feminist jurisdiction, standards blood pressure rose. The day was promulgation, duties under the Act, enforcement, and becoming entirely too much. Another hour later, Eastern adjudication." finally broke out the booze to The text tracks varioussections soothe other heating tempers. of the complex OSHA statute, With drink in hand, I stalked over summarizing obligations imposed to the MCP (male chauvinist etc.) upon employers. A brief historical for a little light-hearted revenge. review of labor safety and an He was fairly well-oiled overview of the legislative history already, so when he told me he of the act is also provided. was the vice president of Hawaiian Despite the labelling of this Tropic Sun Tan Products, I book as a "hornbook" in the chortled. My experience in the sense that it might be thought to Law in the Workplace Seminar summarize and criticize the law, resurfaced in my mind, and I Rothstein's text is clearly aimed' asked, "Oh, yeah? Well whatkind at the practitioner fielding of sweat shop do you guys run inquiries from targets of OSHA down there?" My mistake. He The outline of the regulations. really was the VP. text illustrates the author's Another three hours later we concerns. After attempting to finally landed in Daytona. We had frame employer duties within ISO almost made it to the parking lot pages, the author proceeds to when "Hick," the VP, staggered discuss enforcement, litigation over and slapped his card in my issues dealt with at the hand, demanding that I pome see commission level, and other topics his "sweat shop." Me and my big more intimately concerned with mouth. establishing defenses to OSHA As it turned out, the Hawaiian citations. Tropic factory was only half an A substantial portion of the hourfrom where we were staying, so we went for the grand tour. It text: summarizes Administrative couldn't be any worse than Law Judge opinions of dubious Bethlehem Steel, right? Well, precedential, value. Likewise, ' much of this book delves into almost. Hawaiian Tropic is a ■ Commission-level decisions not appellate self-contained operation. They reviewed by a federal Explorers discover relocated assignment boards in mail room. -mike buskus OSHA Hornbook Mediocre In Analysis And Depth ■' court. Much of the discussion surrounds how facts peculiar to one or another case were found to provide or deny a defense. Only a very minor portion of the text covers such long-range issues as the promulgation of permanent carcinogen standards. Several of these standards are currently under review in the federal courts. Little attention is given to evaluating the agency's internal means of proposing such all-pervasive regulations. Almost no mention is mad* of such threshold questions as the technological or economic feasibility of these rules which seek to protect workers from exposure to known or suspected cancer-inducing agents. Another substantial issue of genuine concern to the future of OSHA is likewise given short shrift in Rothstein's text. While the author does note that the Supreme Court agreed to hear the warrantless search case (Barlows v. Usery), it is surprising the text released in mid-1978 could not have been delayed until the release of the blockbuster opinion in Marshall v. Barlows. The Barlows case, which effectively undercut the agency's entire warrantless search enforcement mechanism, was widely reported in both the general press and legal periodicals as the test case for OSHA's enforcement mechanisms. It was well-known this case presented substantial constitutional questions. Yet, West chose to publish its OSHA treatise without even discussing any of the arguments or points raised in the briefs of this case which had already been argued at the Supreme Court months before the author penned the preface to the book. ■ • *'f Other areas of importance for the future of the agency are not considered by this text. Nowhere, is there any meaningful discussion of the debate surrounding highly publicized and oft-criticized regulations. For example, there is no consideration of the conflicting regulations requiring workers to wear ear protectors to safeguard their hearing, while lift trucks in the same workplace are obligated to sound loud alarms when backing up. The book is not totally without redeeming features, however. Occasional analysis of questionable cases is interspersed throughout the text. Questioning the soundness of one decision, Rothstein writes: "The actual exposure rule was ill-conceived and unreasonable. This conclusion is supported by the fact that the two most reliable indicia of actual exposure are the occurrence of an accident and first-hand observation by compliance officers. Relying on either indicator is unsatisfactory. With regard to accidents, it is apparent that the purpose of the Act is to prevent accidents, not to fix the blame for their occurrence. Therefore, citing an employer after an accident does little to effectuate the Act's purpose." Despite occasional flashes of inspired analysis, the text is largely devoid of thoughtful counterpoint to the collection of practitioner-oriented cases. The book is lacking in its consideration of such pressing issues as the proposed (and costly) worker carcinogen-exposure standards. Furthermore, the failure to at least summarize the arguments and issues briefed in the Marshall v. Barlows case that was pending on the Supreme Court docket well before publication is entirely inexcusable. Rothstein's Occupational Safety and Health Law is a major disappointment Not only is the analysis mediocre, but the documentations within the text are often absent Furthermore, the book lacks even a table of cases. Perhaps the anticipated pocket part can salvage some utility out of this work. JMUwy 25, W79 Optakw 5 �Short Keller Yankee Clubhouse Now Fair Game For Women of the 18 teams in the NHL gave female reporters access to their fortunes of the Yankees during locker rooms. And accredited the '78 playoffs and Series was female reporters have also been brought home when some given access to the locker rooms Americans were treated to the of such teams as the New York spectacle of watching Bucky Cosmos and the Minnesota make a fool of himself in a recent Vikings. movie about the Dallas Cowboy cheerleaders. many of the players involved Anyway, my favorite baseball have no objections to the presence story of 1978 (apart from the of women reporters in their locker Yankees and their miracle) rooms after ballgames. In August received very little attention while of 1976, the public relations it was happening and certainly director of the Yankees told the was never recaptured during the Director of Information of the winter off-months. It had to do baseball commissioner's office the with a permanent injunction Yankee-players had concluded by issued by the United States an "overwhelming majority" that District Court for the Southern women could be allowed access to District of New York preventing the clubhouse if they conducted the Yankees from barring a themselves professionally. And in wpman reporter, Melissa Ludtke, fact, during spring training of v from the locker rooms of the 1978, women journalists were Yankee clubhouses solely on the given access to the locker rooms ground of her sex. The Yankee at the Yankees' spring training organization was required to camp in Fort Lauderdale, provide other more viable means although later the team was to either protect the privacy of instructed to comply with the the players or ensure that all Commissioner's policy and sportswriters have equal access to exclude women reporters during the ballplayers following any the regular season. given game. While this decision might seem less than earth shattering to many many male sportswriters feel sports fans, it will make a big women reporters should be given difference to the growing number equal access to teams' clubhouses of women sports reporters in this and admit that significant country. This is especially true in portions of the news written light of the fact that baseball is about baseball emanates from becoming increasingly .more news gathered by male reporters popular and thereby more in the clubhouses of professional important to the sports editors of baseball teams. The parties this country's newspapers and involved in the litigation in magazines. Baseball assignments question admitted that by thus become more important to' definition, female reporters who the careers of many reporters, are excluded from baseball male and female. clubhouses are not given the same Add to this fact of professional access to the news and life the policy of organized newsmakers as their male baseball as a whole, expressed in a colleagues and competitors. This letter from Bowie Kuhn to the denial of equal access places general managers of all major female reporters at a severe league baseball teams, that competitive disadvantage because baseball should maintain a they miss stories witnessed or "unified stand" against the heard by male reporters inside the admission of women sportswriters clubhouse, because they are to major league clubhouses and it unable to take advantage of the becomes apparent that the district group questioning inside the court's decision may in and of clubhouse and because they are itself be the only thing which will unable to talk to some players at allow many women sports all. reporters to freely pursue their chosen profession. the New York Yankees On the other hand, for those clubhouse, most likely a who feel this decision will bring representative setup, is divided an end to the game of professional into nine areas including the baseball as we know it and force central locker room area many grown men to expose containing players cubicles; the themselves in more ways than one manager's office; doctor's office; following their ballgames, the sauna; washroom; toilets and Court's decision brings out some shower room. The shower and rather interesting facts: toilet facilities are completely hidden from any view from the allowing women sports locker room and many reporters reporters into the locker rooms of have traditionally been granted professional athletes is not a new access only to the central locker idea. Following the January 1975 room area and the manager's National Hockey League All-Star office. The player cubicles in the Game, the teams involved decided central locker room are four feet to allow women reporters to wide and three feet deep and a conduct interviews in the locker curtain could be hung across the rooms. Professional basketball cubicle's one open side to allow a teams began to admit accredited player to dress in his cubicle if he female reporters to their locker wishes. | rooms in the spring of 1975. the in the teams 22 Today, of Melissa Ludtke had had two NBA, all but two* or three admit female reporters, including both years experience as a junior New York teams. As of the date baseball writer for* Sports of the decision, approximately 14 Illustrated when she was assigned The surprising contributionsof Bucky Dent to the considerable by Maria Colavito The Super Bowl will be over by the time this column goes to press which should finally get me off the hook with football fans. Add to this the fact that basketball fans aren't as militant as football fans (or else why would they let them sit so close to the players?) and I think it is safe to assume that, the long hard winter has passed and I can now broach the subject of baseball with a clean conscience. Now that the Super Bowl keeps getting pushed deeper and deeper into themonth of January, it seems that the first crack ofbat against ball (or partying ballplayer also a familiar against tree sound of spring training) is heard before the Bowl trophy has had a chance to collect any dust. But in any case, I for one don't think it is ever too early to start thinking about the coming baseball season. Those people who insist on philosophizing about the reasons for the popularity of a sport (when probably any true fan's appreciation runs so deep it shouldn't really matter why) often suggest that one of the reasons that baseball is so popular is that the winter months provide a perfect respite to remember (or to be reminded of) the performances of the previous season. This winter season did nothing to let us down in that department though some would argue that the Baseball Writers should be tarred and feathered for .passing up the chance to give Ron Guidry the MVP, which although traditionally an award rarely given pitchers, could hardly have ever been more deserved. In any case, Guidry won just about everything else, and the award was given to Jim Rice who was deserving of recognition for the season he put in (remember that bit of magnanimity you Red Sox fans when things get rough later on in the year!). The spectacle of watching Pete Rose deal himself off to the highest bidder (obviously worried that the Baseball Hall of Fame may "someday decide to enshrine its heroes according to the sizeof their salary and wanting to protect a spot at the front of the line) served to remind us of Rose's modernrecord hitting streak. — , Moot Court International Competition The Moot Court Board announced that it will be represented in the Niagara International Law Moot Court Competition in Cleveland on February 2 and 3. Third year student Ted Firetog and second s year student Karen Mathews will represent Buffalo. This year's event is hosted by Cleveland-Marshall Law School. The issues in the competition deal with expropriation of --foreign-owned mining enterprises. .^m ' Opiaion 6 hmmty 25,1979 — — by the magazine to attend and does report on the 1977 World Series games. Although following the final game for example, dozens of men were allowed in the clubhouses of the teams involved, including television filming crews, Ms. Ludtke and other female reporters were barred because to admit them would allegedly have invaded the privacy of ballplayers whose every action was being televised into millions of American homes to tens of millions of people including women and children. This is an incongruous position when one considers that baseball defended its policy not only to protect the privacy of its players but "to protect the image of baseball as a family sport and preserve traditional notions of decency and propriety." In the eyes pf the District Court several alternatives, less sweeping than the then present policy of total exclusion, presented themselves to organized baseball. When balanced against the fact that implementation of the policy as it then stood deprived women of their right to pursue their chosen profession as sports writers, the court found an injunction completely warranted. The custom for ballplayers to freely undress in the locker rooms following a ballgame free from the worry that a female reporter may be in the room did not stand the scrutiny of a constitutional equal protection attack in the eyes of the district court. The fact that it is more convenient for ballplayers to, continue according to custom not justify depriving someone of the right to make his. or her living in any way he or she chooses. So, the court held the Yankees' policy of total exclusion of women sports reporters from the locker room at Yankee Stadium (in line with the Commissioner's stated policy) was not substantially related to the privacy protection objective and thus deprived Melissa Ludtke of that equal protection of the laws which is guaranteed her by the Fourteenth Amendment. The court also unreasonable interference with plaintiff Ludtke's fundamental right to pursue her profession in violation of the due process clause of the Fourteenth Amendment. As for the defendant's other professed interests in maintaining the status of baseball as a family sport and conforming to traditionalnotions of decency and propriety, the court found them to be clearly too substantial to merit serious consideration. Weighed against Ms. Ludtke's right to be free of discrimination based upon her sex, and her fundamental right to pursue her profession, such objectives could not justify the defendants' policy under the equal protection or due process clauses of the Fourteenth Amendment in the eyes of the Court N <'■'■ So, it appears even if organized baseball refuses to come of age itself in some respects, there are at least some courts that are willing to give it a clearly aimed kick towards reality. ■ found^ • — — . Professor Koche^lecturingonNewYorkPracticeT^ -mike buskus "Coach" Celebrates Silver Anniversary Twenty-five years ago and Labor Law. In addition, Professor David R. Kochery Professor Kochery teaches the joined the Law School Faculty. largest course offered in the Kochery was granted a full Professorship in 1962. He received his training-at Indiana and Yale and taught Law at the University of Kansas City. Professor Kochery, affectionately referred to as "the coach," has taught predominantly in the fields of Civil Procedure curriculum: New York Practice. There are few, if any, students who leave this law school without taking a course with Professor Kochery. Opinion congratulates Professor Kochery on his may years of dedicated teaching and looks forward to more of the same. �Culinary Coun»d Homemade Ravioli A Suozzi Family Tradition by Paul Suozzi ravioli for the first time last summer, employing a modified "broomstick" method. (That means I used a regular rolling pin instead of a broomstick.) Working in the traditional manner is very rewarding, but given the option I prefer to use a pasta machine. The pasta machine has the advantage of assuring each piece of pasta is rolled to precisely the same thickness. Also, the width of the pieces which come out of the machine is perfect for using a form for making the squares. The combination of using the pasta machine and a ravioli form will give you uniformly sized and shaped ravioli, which will cook more evenly. The opportunity to use a pasta machine presented itself this Christmas when I received one as a gift. You can imagine my excitement as I sent the first piece through the rollers, gradually reducing the space between them until the pasta reached the perfect thickness. As I continued the process of filling and sealing each square, I knew I would never have to rely on frozen ravioli again! Whether you use a pasta machine or the old-fashioned method, homemade ravioli is a reward well worth the effort of preparation. The two components you will need to make ravioli are pasta or dough and a filling. Both of these can be made in a number of ways and it would be inaccurate for me to assert that any one is correct. In fact, my mother and I use different recipes to make the pasta. Our ravioli is made with cheese, though meat fillings are also used. You should not, therefore, be limited by what you see here, but you can rely on these recipes as tried and true. I would like to welcome everyone back from our brief vacation with the hope it was enjoyable for all, especially from a culinary standpoint. School vacations conveniently correspond with those days in the year in which the cooks in my family seem to outdo themselves. Most American families celebrate holidays by preparing a stuffed bird with all the trimmings, and mine is no exception. But we also add a speciality which will always be synonymous in my mind with Thanksgiving, Christmas and Easter. That is homemade ravioli. Homemade ravioli is as traditional in my family as Santa Claus, Pilgrims and the Easter Bunny. The holiday meal wouldn't be the same without it, so much so even my Irish Aunts havelearned to make it. Some of you may be thinking, why should I bother spending time stuffing squares of dough with cheese when you can buy them already made .in the frozen food section of the supermarket? Well, anyone who has ever tasted homemade ravioli knows there is no comparison. (Don't even mention Chef Boy-ar-dee.) My first exposure to ravioli-making was watching my The recipe I use for pasta was mother and grandmother practice the art using the time-honored printed in Opinion last spring, "broomstick" method. The method is-so-named because the rolling pin is a broomstick, which allows you to roll out a large piece of pasta to work with, thus cutting down on the rolling time. I watched them make ravioli this way for years, even after my uncle returned from a trip to Italy with a pasta machine for my grandmother. She refused to use it at first, trusting in the traditional way. Gradually, however, she realized new can be good and in some cases even better than old methods. Now there is a new tradition in my family of making ravioli using the pasta machine. I made my own homemade volume 18, no. 7, copies of which can be viewed in the Opinion office or the University Archives. Rather than repeat it, I will give you my mother's recipe (which isn't bad). The recipe for the filling is also hers, and it is the one I basically follow. Ravoili Alia Mamma Suozzi The following recipe will make approximately SO ravioli, 2"x2". When served as a main course, you should alot an average of ten per person (and don't expect any leftovers!). v same store, but they cost about ten dollars or more.) 3 cupsflour 2 Tablespoons butter Assuming you are working 2 eggs without a pasta machine and 1 cup warm water without a form, at this point you (approximately) will have a rectangular piece of pasta in front of you. Visually In a bowl, cut the butter into divide the length of one side into the flour using a pastry blender. two-inch squares. Using a soup/ Break the eggs into the flour and spoon, scoop a well-rounded work in using a fork or your spoonful of filling and, using a flat fingers. Gradually add the water, knife, push half of the filling off as needed until the paste forms a the spoon and into the middle of real dough. Then knead the dough one of those two-inch squares. Put on a floured board, making sure it does not absorb too much flour and become dry and flaky. Knead about ten minutes until the dough is smooth and elastic. Now you are ready to roll. If you are using a rolling pin, break off a piece the size of a tennis ball and flatten it on a lightly floured board. Roll from the center out, forming a sheet of pasta in the shape of a rectangle which is about as thick as a dime. The pasta must be filled soon after it is rolled out since the pasta must be moist enough to seal around the edges. (The pasta which is waiting to be rolled should be kept in a bowl covered with a damp cloth so it doesn't dry out.) the rest of the filling into the next If you have a pasta machine, one and continue the processAintil break off a piece of dough about you have no more room on the the size of your hand, flour it and side of the sheet of pasta. You send it through the machine with have to be careful not to crowd. the rollers at the widest setting. Now comes the tricky part. Continue to send it through, Holding the edge of the pasta gradually reducing the space nearest you, gently flip the dough between the rollers, until the over so the filling is now between dough is, again, about as thick as a two pieces of dough. Using the dime. At this point you are ready tips of your fingers, seal the to add the filling. dough completely around each square. (Make sure you don't trap Filling any*air inside, as it will cause 2 lbs. ricotta cheese them to over-inflate when cooked 2 eggs and they may break.) When the 1/3 cup grated parmesan dough is sealed well, use the cheese (approximately) pastry cutter to cut the whole row Vi teaspoon dried mint leaves away from the sheet of pasta, and (approximately) then to cut each individual square from the row. The finished ravioli should be placed on a cookie sheet covered with corn meal (so they won't stick). Continue this process until you have used up the pasta or the filling. (Left over pasta can be cut into pieces and used another time. Left over filling can be saved for a snack.) If you are using a pasta machine and a form, the pieces which come out of the machine will fit nicely over the form. Fill as before, cover with a second piece of pasta (or the overlap from a long piece) and seal by rolling a pin over the form. Then turn it over and gently shake out -Amy lo Frlcano the ravioli. Place on a cookie sheet V* cup chopped fresh parsley as above. When the cookie sheet is full (approximately) you can place it in the freezer if salt and pepper to taste you want to save the ravioli for In a bowl, combine the another day. (When you cook ingredients and mix well. (It is best to do this before you start UNIVERSITY PRESS the pasta, as it will be ready when DESIGNS: needed.) I ~i I Resumes How you put together the Stationary ravioli squares depends on Business Cards whether or not you have a form Advertising for making ravioli. If you have a form, you will also need a rolling 361 Squire Hall pin. If you don't have a form you Main Street Campus will need a pastry cutter which 831-5572 Part of Sub-Board Ona. can be purchased at any Italian not-for profit studant your specialty store for a couple of urvica corporation. dollars. (You can get a form at the Pasta them, there is no need to defrost first.) Always use a very large pot to cook ravioli'as they need lots of room. They usually inflate a bit as the air expands inside them and this makes them all float to the surface. It is a good idea to gentry stir them around so the ones on top get their share of the heat from the water. When al dente, drain and serve with your favorite sauce. As I said before, I prefer to work with a machine and a form. —Amy Jo Fricano However, I suggest you try making them by hand first, for a few reasons. A machine and form will cost $40 or $50 if they are good quality, whereas a pastry cutter is relatively inexpensive. Also, the experience of making them by hand will help you better appreciate the art of pasta-making. It will also allow you to make ravioli when you are in a place where a machine is not available. (Imagine being stranded on a desert isle, unable to make ravioli for lack of a pasta machine!) Whether you make them by hand or with the help of modern conveniences, homemade ravioli is sure to be an unforgettable experience. Editor's note: Culinary Counsel would like to dedicate the next column to seafood recipes. Please share your favorites by dropping them off in the envelope outside the Opinion office, room 623, no later than Tuesday, January 30. CORRECTION: In the December 7 issue of Opinion, an error was made with regard to the recipe for Weiner Semmelknodel/Viennese Bread Dumplings. The loaf should be wrapped and placed in the freezer for at least 24 hours, not 2 hours as originally stated. ( SUMMER LAW STUDY in Guadalajara London Oxford Paris San Diego --- For information: Prof. H. Lazero. U. of San Di«io School ofLaw Alcala Park, San DtefO.CA 92110 January 25,1979 Opinion 7 �BLP Election Held; Financial Aid: Forms, Deadlines Haimowitz At Helm by Arlene Fisk legislators. Some projects proposed to be researched this semester include the possibility of college students being able to vote in their college community and a determination of why the Appellate Division is divided into four departments. The 1979-80 Financial Aid Form (FAF) and Form U.B. are now available either in room 314 O'Brian Hall or at the Financial Aid Office on the Main St. Campus in Butler Annex B. If you are interested in federal loans (NDSL) for next year or in work/study for the summer of The Buffalo Legislation Project has announced the names of the new' Editorial Board members for the next year. Stu Haimowitz has been elected director of BLP, which has the largest membership Since its creation in 1973, BLP of any extra-curricular members have worked on many organization at the law school. projects, some of which have resulted in the introduction of Ken Patricia and Pat Armstrong legislation. The present Warranty —continued frompage one will serve as managing editors, and of Habitability which exists in our condition of entering the store, 18 second and third year students present state statutory scheme the clerk vascillated, finally will serve as editors for projects was written as a BLP project and acknowledging it really wasn't for this semester. passed by the New York State by essential. Without further opposition or resistance, Poliner BLP is designed to serve state legislature after introduction sponsor. the project and local legislators and public then entered the store. officials. Each semester, BLP Textbook buy-back policy will The membership of BLP is members do projects on questions open to all second and third year now be strictly according to submitted by public officials. students. Although membership company policy. Trede disclosed These projects are often designed for this semester has already been students wishing to sell used texts to amend legislation or to selected, interested students will back to the bookstore would determine the purpose of a be able to apply for admission receive 50 per cent of the current present state or local government next September. Each member of list price if the books were in practice. The range of potential BLP who successfully completes good condition and were projects is only as limited as the three semesters receives three "current." For books in poor interests of the sponsoring credits. condition, such as with damaged bindings, the bookstore will either 1979 or for next year, you must complete the FAF and Form U.B. Application for federal loans or for work/study consists of two forms: the FAF is mailed to Princeton and must be postdated before January 31, 1979,(1f you do not have your tax statements for 1978,estimate your income to the best of your ability.); Form U.B. must be submitted to the Financial Aid Office - Butler Annex B on Main St. Campus before February 28, 1979. Late applications will be processed only after all timely applications have been considered. FILE NOW! Bookstore Under New Management howtoposs thenewyprkbor examination... refuse to buy it or will acquire it only at a further reduced price. Where a text is superceded by a more recent edition, the bookstore will not buy the book at any price. For books that are not in demand on this campus, but for which a wholesale "buying" catalog listing exists, a nominal scrap value price will be offered. This amount ranges from almost nothing to 20 or 25 per cent of the list price of a particular book. All repurchase decisions are to be made by individual managers, subject to the policies formulated by Trede on behalf of Follette Enterprises. In a discussion of pricing policies with the Opinion, Trede related that law books are sold on consignment from the leading publishers such as Foundation Press and West. According to Trede, those books are invoiced to the bookstore at list price (retail) less a discount varying from 20 to 23 per cent, depending upon the publisher. Under that system, a $22.50 New York Practice casebook is billed to the bookstore at $18 plus freightBooks remaining unsold after a specified time are returned to the publisher for full credit, although the bookstore must pay shipping costs. Trede admitted profit margins on other items were larger than for law textbooks. For example, he indicated Government Document publications were acquired at a 25 per cent discount from retail. Government books, however, are non-returnable. Student study aids, such as nutshells and Gilberts are obtained at varying price reductions from the publishers, but generally are bought at a discount of from 33 to 40 per cent offretail price. In another major announcement, Trede revealed plans to close the Baldy bookstore permanently by the end of 1979. In its place, a new and larger "campus" bookstore will be built near Baird Point adjacent to Lake LaSalle. The new building, not yet under construction, will house an , expanded store. The new bookstore will probably operate for longer hours, including nights and weekends. Although the Squire and Ellicott stores are due to remain open after construction of the new store, service in Baldy will be halted. Trede disclosed there are no plans of any kind to retain service of even a satellite lawbook store in Baldy or O'Brian after the end of 1979. Prof Claims Ignorance Of Rescheduled Examination -continued from page one Study. Study. Study What? A Bar Review Course that doesn't do it for you? That's right. We'll organize the material, present it with a distinguished faculty, and teach issue-spotting and question-answering techniques. All for the best price around. (After all, you do all the work.) spring-fall new york practice courses summer-winter new york bar review courses For information: Call (212) 765-5700 or write 810 Seventh Aye., New York, NY Practising Law Institute A not-for-profit continuing legal education institution chartered by the Board of Regents of the State of New York. Cwnput top: Ted Fiictog 836-6291 8 Opinion January 25,1979 These students felt that job and personal commitments and other responsibilities would make it difficult to once again prepare for an exam that they had a legitimate right to take when scheduled. Students also expressed annoyance that their vacation was to some degree ruined by having to come back to school and take an exam. Amidst cries of "Free the Buffalo 11," a majority of the affected students petitioned Greiner this week to cancel the exam. The petition contained a proposal to grade the students based on class participation and a paper already submitted on a project completed during the semester. The proposal suggested that the students receive a grade of "S" for satisfactory or "U" for rather than the usual "H" "Q" "D" "F" grading system in light of the-unusual circumstances. The "S" grade is already used in the law school in granting credit for such activities as Moot Court, Law Review and BLP. The disposition of the issue is still unclear as of this writing. Greiner has reacted favorably to the proposal and had directed Spanogle to grade the students on this basis. Eight of the eleven students were awarded an "S", while the fate of the other three remains uncertain. Spanogle had temporarily misplaced the paper of one of the three students, and the grade will depend upon his evaluation of the paper. The other two students have been given the option of taking a make-up exam or writing another paper to satisfy the course requirements. unsatisfactory ABA Revising Standards 10019 The ABA Standing Committee on Association Standards from covering probation. sentencing and Anyone with an Criminal Justice recently met in interest in criminal justice should Washington, D.C., November 17th contact Patti Bartlett, Liaison, and 18th to continue revision of William Mitchell College of Law, ABA Criminal Justice Standards. 875 Summit Avenue, St. Paul, The Standards discussed at the Minnesota, November meeting included those 479-3249. 55015. (612) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1979-01-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/25/1979 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2fffe7523d6837fc7a05c7bfd6db2403.pdf c71fc7955499952b3d63d0a7a1e38634 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 19, Number 6 Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 December 7,1978 State University ofNew York at Buffalo School of Law Professor Laufer Retires After Two Decades At UB by Arlene Fisk On Tuesday, November 28 the final "brown bag lunch" with Professor Joseph Laufer and his Torts students was held. The lunch, organized by several members of the 1977 Torts class, was in honor of Laufer's retirement, and to let him know thathe is going to be missed. Professor Joseph Laufer, the "silver fox" of the Torts classroom, is retiring in December after 21 years at Buffalo Law School. Professor Laufer joined the law school faculty in 1957 and has seen many changes in both the school and its students during his tenure. The number of faculty has increased from six to its present number. The building which housed the law school in downtown Buffalo has been replaced with our present Amherst home, and, Laufer finds, the quality of students today is far better than those he taught in his earlier years. In the past, Laufer has taught courses here in Conflicts and Insurance Law. However, most recent students will remember him best as their Torts professor. "I love to teach. That's my great joy," he says. He especially enjoys teaching freshmen because they are willing to devote time to his course. "I treat law students as the professionals they are," he claims. Laufer does not intend to intimidate anyone with his teaching style, and is surprised to learn that he sometimes does. Laufer has always felt it to be very important to have contact with students outside the classroom. His primary complaint with O'Brian Hall is that no place is provided where students and faculty can casually come together. For this reason, Laufer has held "brown bag lunches" for the past few years, at which anything but Torts may be discussed. Those of us who have attended these lunches discussed everything from Laufer's background to the trials and tribulations of first year law students. To increase his contacts with students further, Laufer always attends student-faculty parties. Laufer is aware that Torts, and law generally, have changed drastically in past years. "Of torts," he says, "it is becoming obsolete. Torts won't be taught apart from teaching of compensation schemes such as medicaid and social security I hope we will find teachers who will teach Torts in its broadest context. What we need is a broad basic course on the modern compensation state." On the other hand, Laufer firmly believes that all courses, including Torts, ... Professor Joseph Laufer should be taught by the reading of cases. "There is no learning of law that is not wrapped around cases initially," he says. Of the law school curriculum, Laufer would like to see principles of ethics taught in every law school course. He also feels that elements of procedure should be learned in the context of substantive cases the first semester, with full courses in Civil Procedure taught the second and third semester. "Law is procedure and should be learned fully by every student." That this is Laufer's philosophy can be affirmed by all of his students who have learned from his "Freshman Key." Laufer claims that he does not know how he will react to Mike Buskua retirement come next September. The Final Hour: Peter Durant and Gladys La Forge in the last He promises that he will continue stage of the competition. playing frisbee and will reamin active in the Sarasota, Florida community in which he has lived for the past few winters. We hope that he stays happy and healthy in his retirement Thank you, Professor Laufer, for preparing us for the years of law school and practice ahead of us. We will not forget you. As AMOF (a matter of fact), we will miss you. Gladys LaForge and Peter The hypotehtical moot court Durant, winners of the fourteenth problem consisted of two issues: annual Charles S. Desmond Moot the continued validity of Seider v. Court Competition, were among Roth quasi in rem jurisdiction in 20 competitors invited to join the the light of the 1977 Supreme law school's Moot Court Board. Court decision in Shaffer v. The invitees were selected on the Heitner and the standard of care basis of both oral and brief scores owed by attorneys in legal from a field of 68 first- and malpractice situations. second-year students, one of the The judging panel in the final round was headed by Charles S. largest groups ever to compete. Desmond, former Chief Judge of LaForge and Durant defeated the New York Court of Appeals, the second-place team of Richard who wrote the 1967 opinion in Bedor and Elizabeth Buckley in Sitting with him were two Seider. the November 18 final round of current Judges of the Court of Mike shapim the competition. Those two teams Lawrence Cooke and joined in the semi-finals Appeals, In recognition of his many had been Matthew Jasen, Fourth District years of teaching, we share with by the teams of Richard Abbott Supreme Court Justice Richard you portions of a poem written and Robert Gurbacki and of Erik Simons and Professor Kenneth about Professor Laufer by Wayne Lindauer and Patricia Jayne. Joyce. Lopkin, a student in Torts last Shelly Cohen and Robert Invited to join the Moot Court the for prize Deane were awarded year. Board were Richard Abbott, writing the best brief in the Richard Bedor, Elizabeth competition. First-year student Buckley, Michael Chakansky, poem on page three Ronald Zarowitz was named best Peter Durant, Judy Feldt, Barbara oral advocate. Goldberg, Robert Gurbacki, Mark Hammer, Patricia Jayne, Gladys LaForge, Erik Lindauer, Andrew Mandell, Melissa Marr, Karen Myers, Laurie and new titles enabled the Mathews, Phillip by Mike Buskus Robert Struss, David Ogden, to serve a Department growing Ronald Zarowitz. Whitbread and In the four years that the clientele. Professors and students who accpet membership Audio-Visual Department of the were encouraged to utilize these on Those Board will help the Board's the Law Library has existed, it has services. Professor Joseph Laufer has interscholastic teams prepare for increased in both size and variety competitions at other schools and of services. Before November been one of the most active users will take part in running the Laufer's Torts Department the 1974, the A-V Department didn't of Albert R. Mugel Tax Competition, even exist Karen Spencer was classes have been taped for a which will be held in April. Anyone years. missing number of hired in 1974 as Audio-Visual Librarian. The Department began Laufer's Torts class or wanting to * * * The Moot Court Board's in 1974 as a small one-room office review a class tape for note-taking a National Team was defeated by on the fifth floor of the Library. can listen to it or even obtain It started with only a few reels of copy of the class tape. This year Suffolk Law School in the microfilm and several tape Professor Spiegelman has also Regional Competition in Boston utilized the A-V Department's last month. Suffolk, which recorders. The Department expanded recorders to tape classes. These advanced to the semi-finals of the dramatically, however. Gradual facilities are also available to other competition, won the award for continued on page three the best brief. acquisition of extra equipment — LaForge And Durant Victors In Desmond Moot Ct. Competition - — A-V Provides Valuable Aids And Services * A-V's Valuable AWe, Karen Spencer - �Vol. 19, No. 6 Editor-in-Chief jason Poliner Dec. 7,1978 Gruber Reacts To Alleged Insensitivity Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Letters To The Editor Opinion which was general statements that were 1978 issue of similar. The substantially made. not funny because sentences are Since my contribution to the authors are, they are First of all, there was never any of who their September 28, 1978 issue of of their structure. funny because Opinion which you entitled "Fill intent to display any persons as These of sentences are types social Out This Form, Maam", I have uneducated, moreover, that is, malapropisms, known as read with great dismay two hardships had nothing to do with the humorous of a misapplication of view see the point comments about that it I now contribution in your last two presented by those comments and word or phrase. Persons who stop on who they perceive issues. It is incredible to think I am sorry they read the article to reflect the authors to be are not going to believe I a attitude. still can read so into with that much people impress as with their social anyone funny, are and sentences that those few words. All irresponsible they have uncalled for personal attacks funny as the contribution of consciousness for far, the gone 14, too simply the sentences September some Ross in Larry aside, I must take issue with were never intended for analysis. To the Editor: Alan Beckoff, Steve Blumberg, Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Carol Gardner, Jay Marlin, Bob Siegel Contributors: Arlene Fisk, Amy Fricano, John Gruber, Mark Litwak.Esq., Wayne Lopkin, Jerome Paun. Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo President's Corner Furthermore, APPC Votes No Change In Present Grading Policy forthcoming final results something different than the preliminary results. These events bring us to last week's APPC meeting where they had our final results. Although there was again some discussion on whether the D should be changed to a P it was decided that the present HQDF system should be kept. This is the recommendation which will go to the faculty. The Committee that last year came up with A, B+, B, C, D, F, is now recommending HQDF. The change speaks for itself we did have an effect, a major effect, on their recommendation to keep HQDF. I am confident that the positive response of the APPC can be- translated into a positive response by theentire faculty. indicating Editorial So Long, Silver Fox The editors of the October, 1957 Opinion had the great pleasure of welcoming Professor Joseph Laufer as a full-time member of the faculty. Today, we face the sad task of saying good-bye to a man who has had a long and illustrious career. Opinion would like to take this opportunity to extend best wishes to Professor Joseph Laufer who will be leaving by Tony Leavy SUNY Buffalo for SUNNY Florida at the semester's end. Those students who have been fortunate enough to have Some typical comments which had Professor Laufer can appreciate not only his knowledge I have heard regarding our recent of the law, but his enthusiasm, and most of all, his concern grade change referendum reflect for his students. Whether it be at an SBA party or the first the notion that our efforts were year picnic, Professor Laufer was always there — always futile. I want to dispel these accessible to offer advice, sometimes criticism, but always notions of nonaccomplishment. encouragement. We wish him good times, lots of Florida sunshine, and last, but not least, continued success with his frisbee. .; ,-,.. Good Bye; Good Luck Unfathomable as it may seem, finals have set upon the hallowed halls of John Lord O'Brian once again. Fof-some, it is next to the last time around. For others, it is the first and most difficult lap. For still others, it is just another circuit. Regardless where you may be in this marathon they call law school, Opinion hopes the obstacles are few and the finishing time is near. To Professor Marjorie Girth, who will be spending the next 18 months at Virginia Law School, and to Law Librarian Karen Spencer, who will be spending the next semester at the University of Maryland, we wish the best of luck. To all of you: have a good vacation! Look, if you want me to defend you, you'll have to tell me exactly where you hid my fee I mean, the stolen money! ... — Opinion December 7,1978 darker side of the human condition are never funny. In The Mysterious Stranger Mark Twain formulated his final analysis of the human condition. He also proposed a remedy: laughter. The human race, wrote Twain, has "unquestionably one really laughter. effective weapon Against the assault of laughter nothing can stand." "Everything human" Twain believed, "is pathetic. The secret source of humor itself is not joy but sorrow. There is no humor in heaven." Twain also wrote: "I believe that our Heavenly Father invented man because he was disappointed in the monkey." The difference between the man and the monkey then, is that the monkey never learned to laugh. — ' '■"■ JohnM. Gruber We students have changed the focus of the administration and faculty. They awaited our results and the action now being taken by the administration and faculty is being taken based on the referendum results. The Academic Policy and Planning Committee was going to To: Faculty Members of APPC, apply the following scale: (1) Less than 100 footnotes make some recommendation Tom Headrick, Bill Greiner v F, failure before November 1 st but because From: Barry Boyer (2) 100 to 200 footnotes D, our referendum was at the end of Re: Seminar Requirement October, the APPC delayed their The following is my attempt to marginal credit Q, (3) 200-350 footnotes recommendation. re-draft the seminar requirement After having waited for our in light of the discussion at last qualified (4) More than 350 footnotes results the APPC met the week Friday's faculty meeting. after the referendum. There was 1. Each student shall be H, Honors. one agenda item the grade required to take one seminar For purposes of this scale, recommendation to the faculty. taught in the Classical Manner.* "footnote" is limited to citation Each of the committee members The "Classical Manner" is that of a reported judicial decision or had a copy of our preliminary described in Plato's Apology, statute. "See also'" and "Cf." results which showed that a four Crito, and Phaedo i.e., the citations shall count as half of a tier H-Q system was instructor performs feats of verbal regular footnote. 3. To minimize the admitted overwhelmingly desired, with the and logical legerdemain, while vote close between HQDF and students murmur approvingly, arbitrariness of requiring HQPF. At this point it is critical "Most assuredly, Socrates" and certification at the course level, to remember that because last "How could it be otherwise, each instructor shall be dealt five year there was -a feeling among Socrates." Discussions must be "wild-card certificates" at the some administrators and faculty conducted in Latin or Greek, and beginning of each academic year. that students were dissatisfied togas should be worn at all times. Wild-card .certificates may be with the HQDF system, the 2. Since writing a bad long awarded in the instructor's sole faculty charged the APPC to paper is a more challenging and discretion, and any student recommend some type of AB rewarding intellectual experience presenting a wild-card certificate system, preferably a five tier than writing several good short to the Registrar's Office will be system. Resulting from that papers, and since most graduates deemed to have satisfied the charge, the APPC recommended of this law school will spend the seminar requirement. A,8+,8,C,D,F. bulk of their professional career: �Under exceptional Now, just a couple of weeks writing law review notes, all circumstances, the APPC may ago, the APPC, using our results, seminar papers must take the grant waivers for seminars offered refocused both theirattention and format of a long law review note. in the Neo-Classical manner. their recommendations. We Those who find quantification However, under no circumstances refocused them from a five or six distasteful may define "long" as shall seminar credit be given for tier system to a four tier system "not short." Those who find lack courses taught in the Elizabethan, and from AB to HQ. The APPC of quantification distasteful may Romantic, or Modern manner. did spend some time discussing should be replaced whether the D with the P but they unanimously voted to recommend to the // we are all presumed to know the law, faculty that they keep the present why do wehave to take the Bar Exam? This was HQDF system. Professor George Zimmerman contingent on the then Seminar Requirement Plan Leaked To OPINION - - - - — - Quote of the Bi-Week - 2 I heartily disagree thathuman failings or the �Baldy Center Promotes Interdisciplinary Goals —Swan A new program aimed at The primary function of the increasing the opportunities for Center is to generate interdepartmental degrees has interdisciplinary research, said Dr. been set up at the law school. The Wendy Katkin, Assistant to the Baldy Center for Law and Social Directors of the Baldy Center. "The trend in research is Policy is the new program combining the resources of the turning toward utilization of Law School and the School for interdisciplinary methods." By Social Sciences. bringing together people from . (The Spectrum Dr. Wendy Katkin different departments to do reserach projects, interdisciplinary research should be furthered, Katkin said. Before the Center was founded, interdisciplinary research went on, but with no sense ofcohesion in the programs. The Center is expected to Expanding A-V Dept. Awaits Computer — continued from page one professors and students upon request Early in the history of the Department, it became apparent that there simply wasn't enough space in the one-room office to accommodate the increasing number of patrons. Remodeling took place in the Fall of 1976. What was formerly the Rare Books Room eventually became the A-V Lab Room where tape recorders and microforms readers are presently located. Several smaller rooms were redesigned and combined into a larger room which now houses equipment storage space as well as office space for the A-V staff. As the Department expanded, the number of library-user services increased. A major project undertaken by the Department at Karen Spencer's initiative was the Legal Research Slide-Tape Programs. These 10-15 minute audio casette and color slide presentations explain in detail what various legal -research .tools are available and how they" are used. There are presently 11 of these slide-tape programs covering such topics as Shepard's Citations, American Law Reports, Case Digests, Legislative History, Court Reports, Legal Periodicals and others. The A-V Department, in cooperation with the library reference staff also prepares an extensive set of legal bibliographical guides. These are available free of charge on the second floor of the library behind — the reference desk. An on-going acquisitions policy has augmented the supply of microforms. An extensive collection of bill jackets is available to facilitate legislative history research on New York statutes. Additional material covers Federal Legislative history. Recently, the CIS (Congressional Information Service) has been added on microfiche. A complete set of the Federal Register is also available on microform in the A-V Department. The CFR, including ail superceded materials, is also on microform. A substantially complete set of United States Supreme Court briefs, including briefs for certiorari denied cases, is likewise accessable in this Department. Expansion of videotape services has also occurred. Last year the Department produced a 15' minute tape starring Bill Brooks. This tape captured a generous slice of life around the Law- school. Copies of that tape have been used in recruitment efforts by theLaw school. • Other activities at. the -Law school have been videotaped and are available for viewing. A sample job interview featuring Arlene Fisk is available for persons interested in perfecting job-interviewing techniques. Tapes of Moot Court competition final rounds are also on file in the sth floor A-V offices. These materials as well as tapes of special events such as the Public Interest Law Conference will be preserved on ■ - - videotape for the law school archives. This year, students competing in the Desmond Moot Court Competition were given the opportunity to have a practice round videotaped. Any students or professors who would like to use the videotape equipment should consult with the A-V staff. The services of the A-V Department are also being used by practicing attorneys in the area. A variety of audio and video programs furnished by the New York State and American Bar Associations are now in stock. With the heavy use of the Department's services this semester, a few problems have arisen. Some equipment malfunctions and a shortage of copying paper temporarily limited availability of copies of microforms. This difficulty should be alleviated soon. Also,, a: considerable number of people who have borrowed cassette tapes that are now overdue are asked to return them. The Department will soon have a computerized reference tool, Lexis, a legal research source marketed by the Mead Data Corporation, will be available for use on January 1, 1979. Kathy Carrick, Associate Director of the Library and Reference Librarian will supervise instruction in the use of this computer. The student Research and Writing instructors will be trained in the use of Lexis early in January. Later in January the computer will be available for general use by students and professors after initial instruction by librarians. The computer will be restricted to law-school use only. Students will be advised that they are not to use Lexis in connection with an employment-related project for any law firm or other employer. The terms of the lease contract with Mead Data Corporation specifically preclude that type of use for the computer. The A-V Department also pioneered the use of "Bitch Tickets" as a means of improving serviced to library users. Complaints and suggestions channeled through "Bitch Tickets" have been acted on and are often reprinted in the Opinion. integrate programs within the University, Katkin explained. The Baldy Center will serve two major needs in this integration process. The Center will provide coordination for those students seeking combined degrees in law and other disciplines and the center will supply financial support to certain highly qualified students pursuing a joint degree. The University offers two types of combined degree programs involving thelaw school, the dual degree and the joint degree program. The Joint degree program will be limited to a small number of highly qualified students pursuing both a J.D. and a Ph.D. degree. It is expected the joint degree program can be completed in either 5 or 6 years, Ms. Katkin said. Under the direction of the Baldy Center staff, joint degree students will follow a program designed to help the student develop a personal curriculum which integrates the knowledge and methodology of the disciplines being pursued. The student will also receive aid in developing research and writing skills. joint Degree students will have the opportunity to plan and participate in small group seminars and colloquia with visiting scholars. Katkin said the joint degree students could count up to nine hours of approved course credit received' outside the law school toward the 81 hours required for the J.D. degree. She admitted the staff was aware of the outside courses causing problems when the 72 hours q or better rule of the law school is applied, but noted this area was being looked into. Katkin also said more seminars and cross-listed courses would be offered in the near future. These courses could be applied to either the J.D. or the Ph.D. After four years as Audio-Visual Librarian, Karen Spencer will be on a six-month leave of absence this spring. Karen has accepted a temporary appointment as a library consultant with the University of Maryland. She will help plan for the construction of a new law library at the University's law school in Baltimore. She will organize an A-V* Department there. Maryland presently has no facilities for these services. In addition, Karen will work on the provision of public services such as a reference staff and general outreach programs. Nina Cascio, a graduate assistant, and the rest of the A-V Department staff will take over the duties of the A-V Department requirements. The second category of in Karen Spencer's absence. combined degrees is the dual degree program. The major differences between the joint and the dual degrees are that only joint degree students are eligible But what theheck is a lighted squib: for Baldy Fellowships and* the I de Set Ux v. W de S, joint degree program is limited to I won't even begin to guess! students pursuing a J.D. and a Some cases put you on the brink, Ph.D., while the dual degree Like a heartattack for "To me you stink!" student may pursue a masters and And others make you feel the pain, a J.D. degree. Or have you forgotten little Elaine? The Baldy Fellowships, made And still others you'd like to rap, available to the joint degree Just one example is the amorous sapp. students, will provide financial Some opinions are a lot of poop, support during the student's first But then again, do you really give a hoop? year in law school and the Itall began with battery, assault, and oh yes, student's dissertation year. Our old standby, mental distress. Approximately four of these Privilege, mistake and self defense fellowships, worth $3500 a year Intentionally on till negligence! will be made available to qualified We learned something about a standard of care, applicants each year, Katkin said. And something about a broken chair. Financial aid for the student's I try my best and look all I can, other years of study, up to four But I've yet to meet a reasonable man. additional years may be obtained Sometimes I'm confused and other times balmy, from the department through Were you really in the Confederate Army? which the joint degree student is The practice exam sure was free, seeking the Ph.D. degree, Katkin Until the P & S of the autopsy! said. And as we venture through the courts, More information about this We pray we don't run into Prosser, Wade or Schwartz. program may be obtained by But my story cannot end, contacting Dr. Katkin at the At least without this last amend: Baldy Center for Law and Social Lord help me if I make that tragic flaw, Policy, room 511 O'Brian Hall. And forget to say: "No negligence as a matter of law! , ODE TO THE SILVER FOX continued from page one I must admit, I've had more pleasant thoughts Than those about the law of torts. Put on your coat, tie your tie and change your socks, Today we pay homage to the silver fox! He knows the law to the tiniest particle, And can tell you the ins and outs of any law review article. He can tell the difference or so you've heard, Between talky-talk and a weasel-work. He stands and gazes into our dull faces, Then quips: "My God, don'tyou read these cases!" He lectures about the law and oftimes even preaches, Look out you people in the upper reaches! But that's not the worst, it gets horrider, While we're here next semester, he's in Sunny Florida! We are told that jury trials are honey, Why you ask? Man, that's a lot of money!" - Ranson and Kitner was quite a goof, Those dirty dogs shot a pseudo wolf! Mrs. Rush fell into a deep dank abysmal pit, unpleasantness. Ninefeet down into a high pile of The law is often as gritty and grimy as can be, Evidence Banana One, Banana Two and Banana Three! Where else could a harmless hug and kiss Develop into a friendly paralysis? Scot and Shepard involved a little fib, December 7, 1978 Opinion 3 �Public Interest Law by Mark Litwak, Esq I'll never forget how Alan Morrison, Director of Ralph Nader's Litigation Group, described his job: "I go into the office each morning, open the New York Times, and sue on anything that pisses me off." Donald Ross, former Nader's Raider and now Executive Director of the New York Publ|c Interest Research Group, Inc. (NYPIRG) also has an unconventional job. His typical day might start as follows: 7:00 arrives at office, read newspaper, confer with staff on study of toxic chemicals in Hudson River drinking water, edit report on sex discrimination by employment agencies, call local legislator to lobby for adoption of the "Bottle Bill," conduct press conference announcing lawsuit to stop illegal practice of legislative "lulu" bonuses, have lunch, etc., etc. But all is not glory. Both Morrison and Ross earn less than 1/3 of what their law school classmates earn. They don't have their own secretary, a carpeted Offers Job Satisfaction office, or an expense account at the 21 Club. Rather, they consider themselves lucky to have their own desk, a door on their office and enough change to patronize the local fast food restaurant Why then do they do it?They have decided that they prefer to give up some of the prerequisites of a traditional law career in exchange for the greater job satisfaction they receive while working in the public interest. When they awake Monday mornings they do not experience B-Ball Commissioner Attacks OPINION And Renders Own Following the lead of a local assignment of numbers to the V sports manager who is certainly rosters that were submitted more experienced in the business Those teams were then divider of sports than I, I have decided to into two equal divisions take a stand against what I feel to Following the games played or be irresponsible sports coverage by the local news media. The media has shown itself to be completely irresponsible in it's coverage of the Law School Basketball League in that not a single word has been written about it. Here we are on the verge of setting countless individual and League records and it may all go unnoticed. For example, team number one has clearly established a dynasty by winning a record number of games and since they are all third year students they have all applied lor teaching jobs at the Law School next year so they can come back and do it again. Other records to be entered in the annals this year include: Stu Markowitz has still not been heard to raise his voice during a game; incredulous as it may be, Jim Kelly has not been the cause of a single fracture this year; Tom Bender has actually scored a lay-up; and finally, the Moot Court team of Rosenbaum-Roisman has not lost a single argument on the court. I'm sure everyone is as astounded as I am to discover that not a single word of these newsworthy events has appeared in print. For this reason, although it may be deemed by some to be drastic action, I have decided to bar Maria Colavito of Opinion, Erik Brady of the Courier Express, and Gary Papa of WGR-TV from setting foot in the Bubble on Thursday nights at 5:30. No longer will they be assigned special locker room facilities (the first hook) in the Bubble, which by the way is a showplace of the east (I've shown it to people and they just don't believe it exists). No longer will they receive reserved seats at courtside (the park benches). Finally, they'll have to ask someone else for a ride to the Bubble because they're not riding with me again. From this point on I will no longer share my words of wisdom with these people. If they have any questions they should direct them to my Co-Commissioner Jim Kelly, also known as the silver tongued devil. Since it is clear that I cannot rely on the above mentioned newspeople I have taken the liberty to write my own news... The 1978-79 basketbal' season began with a randoir Opinion a sinking feeling in their stomachs upon the realization that another work week lies ahead. Quite the contrary, they can't wait to get to work and plunge into another week of frenetic activity. Public interest lawyers believe in what they do. They have control over their work. They are not just another drone in a large law firm. They immediately take positions of leadership in their organizations and find themselves pitted against top law firms and powerful special interest groups. They seek to make the world a better place to live in. Lawyers are taught they have an obligation to represent even the most detestible persons. This obligation of the profession is ostensibly meant to ensure that everyone receives the best defense possible. Unfortunately, it is often used as a justification by all those lawyers who are only too anxious to sell themselves to the highest bidder. If you haven't noticed, industrial polluters, white collar criminals and assorted mobsters do not seem to have much trouble refugees from large law frims looking for public interest work. They have discovered, albeit belatedly, that it is better to be satisfied than rich and miserable. Opportunities in public interest work have increased dramatically over the past decade. The tremendous growth in consumer, environmental, political reform, equal rights and taxpayer organizations provide many alternatives to more traditional careers. Many of the jobs are not only exciting but provide the chance to become an expert in one's field. A review of the backgrounds of recent presidential appointees shows that public interest work is increasingly serving as the training ground for many important decisionmakers. These leaders bring a public interest perspective to their work that is absent in persons who have risen up through industry or business. Those are the highlights for this semester and I know you all wait with baited breath for the second half of the season and those all important playoffs. If November 16 the divisior any of you basketball players standings looked like this: aren't hungry enough for a win, I remind you that intramural Mark Litwak is a staffattorney championships can be put on a Eastern DivisionI Western [Division competent legal and the Regional attracting resume. Director of the assistance. Team W L Team W L New York Public an era Interest 0 11 of changing lifestyles, 1 1 5 4 John M. Gruber we In find growing 4 0 12 3 numbers of Research Group, Inc. (NYPIRG). *4 2 2 3 *7 6 5 3 3 2 1 1 *5th 5th game was 2 2 2 4 4 13 9 10 8 14 3 2 1 1 1 2 3 4 4 4 >ostponed pi The first half of the season grinds to a halt for exams after the games scheduled for November 30 are played. After all, if those basketball stars don't study hard they won't have a real profession to fall back on after they've burnt out their athletic ability. An overview of theLaw School Basketball League looks like this; it is composed of five teams of third year students, five teams of second year students, and four teams of first year students. Approximately 91 students signed up to play with the distribution over the three classes being almost equal. Only one faculty member signed up to play, but one other faculty member has been promising an appearance for the last two weeks. Those promises have been dismissed for non-appearance (without prejudice). Rumor has it the league has also been infiltrated by at least one law spouse and one law brother. The Commissioner has decided not to pursue the matter after learning they were both under six-feet tall. The old news is the champions of the past two years continue to dominate. This season they are identified as team no. 1 and it is the 1-2 punch of John Gilbertand Stu Markowtiz that keeps that record unblemished. Team no. 4 is the other undefeated team and Big Bob Laßussa is the major obstacle for opposing teams. In the Western Division, playing sometimes inspired ball, team no. 11 has run off four straight wins after an opening day loss. Lead by the intense worrying of Bill Brooks, team no. ,11 is composed of two literary talents, a guy with an iron touch under the basket and a guy with a maiden name. December 7,1978 In A World Of Complacency There Are Always Bitch Tickets only way we can supply items you delivered to the circulation desk, 54. 8/7/78 by COMPLAINT: None of the want is you telling us what you are ignored. The first volume is present, but subsequent volumes are interested in. copies of CCH Poverty Law 56. are not. It would have been a big Reporter are kept up to date. COMPLAINT: Some time in help to' fetch last year's from the RESPONSE: The current set of September I informed one basement, but this was not done. Poverty Law Reporter is in the early supervisory personnel in of the RESPONSE: We have brought Attorney's Room. Volume 2 was in a professor's office for a long the Circulation Department that fill-in copies of the CFR down the lights on the long table which from the Faculty Library. Sorry time without being charged out. It farthest from the large window that you were put off at the has now been retrieved and is filed is nearest to the elevator on the Circulation Desk. Had you filled and up-to-date. 7th floor were not working. I was out a written request for the 54A. 9/11/78 problem would missing volumes to be brought COMPLAINT: Studying in the assured that the down from the Faculty Library? library on weekends is hard be noted. have been may The Those problem requests are usually filled as enough, but do the student not been quickly as students working at the workers have to make it more noted but it has been done desk can fill them. difficult? I don't mind them remedied. All that has is to tie the electric cord of the We try to be careful about not the watching football or baseball lights around the supports of the mixing up the current volumes games on television, but I domind Why can't this be fixed? Or, with superceded editions from the them when they turn on the table. when will it be fixed? Fiscal basement, but again, we will bring volume. notwithstanding, a the material up for you if you When they turn on the sound, problems like this can surely request it. problem minor they make it loud enough to should be! know the game is on, but soft be handled and RESPONSE: The Maintenance 62. COMPLAINT: Where are enough not to be able to hear the has been notified. copies of the Law School Department plays and score. THAT IS VERY Routine maintenance has not newspaper, The Opinionl ANNOYING! RESPONSE: The library will curtailed by budget cuts, but If they must watch the games, been it takes a While for now keep copies of the Opinion sometimes which is understandable, ask them necessary parts, on reserve beginning with Volume etc. to do it with the sound 57. 19, No. 1 (September 14, 1978). Thank you. COMPLAINT: Where are 397 Back issues are also kept in the RESPONSE: The only and 398 U.S.??? They've never Opinion office in Room 623. television to be seen and heard in been on the shelves when I've 63. this library from now on will be in looked for them. If we don't have COMPLAINT: Where is the Audiovisual Department on copies of them, why don't we Volume No. 26 (1975) of the the sth floor. purchase them? U.S. reporters are "Labor Law Journal"? It has been 55.9/18/78 rather important don't you missing in action for over 2 weeks COMPLAINT: I think it would agree? now. be a great idea to have some RESPONSE: check to see RESPONSE: The library had We'll newspapers around here like the if 397 and 398 U.S. are missing three copies of Volume 26 of the Buffalo Evening News and and will replace them if they are Labor Law Journal. The first copy Courier-Express and New York missing. In the meantime, there's is in the Faculty Library. If you Times, if the strike ever ends. It a second copy of the United ask at the circulation desk, it can would be a welcome diversion for States Reporter on the 3rd floor, be brought down for you to use in tired eyes and brains. and if that fails, ask to see the the library. The third copy is RESPONSE: The Library Faculty Library copy. being prepared for binding. One already receives copies of the New of the issues was mutilated and a York Times and Wall Street 60. replacement issue is on order. If COMPLAINT: Volume(s) of you ask a reference librarian, we Journal. We will start getting the News and Express as soon as it 40 CFR are missing off the shelf can pull the journal from the can be arranged. Thanks for and have been for weeks. Technical Services Department for the Requests to remedy the situation, your expressing your interest use. ... - - �Essay Competition $500 Awarded For Family Law Contest Awards granted from fund created by the Toledo Bar Association, administered by the Ohio State Bar Association Foundation, Implemented, Conducted and Sponsored by the Family Law Section of the American Bar Association. The Howard C. Schwab Memorial Award Essay Contest is conducted annually by the Family Law Section of the American Bar Association in cooperation with the Toledo Bar Association and the Ohio Bar Association as a memorial to their deceased leader. The prizes are awarded from a memorial fund created by the Toledo Bar Association and administered by the Ohio State Bar Association. Howard C. Schwab was Chairman-Elect of the Family Law Section of the ABA at the time ofhis death on February 24, 1969. He was a Past President of The Toledo Bar Association and Past Chairman of the Family Law Committee of the Ohio Bar Association. Purpose of the Contest To create a greater interest in the field of Family Law among all law students of the nation, and particularly the Law Student Division of the American Bar Association. Eligibility ofContestants All second and third year students enrolled in ABA-approved law schools, and first year students enrolled in said schools where the. subject of family law is part of the first year curriculum, are eligible to compete, except employees of the American Bar Association, Ohio Bar Association, or Toledo Bar Association. Subject Matter of Essay Subject may be any aspect of Family Law which the contestant chooses. Suggested length about 3,000 words, though not limited to this number; may be more or less, as the subject merits. Essays scheduled to be published, and/or essays which have previously been published, are ineligible for consideration. Entries will be judged on the basis of timeliness of subject, practicality, originality, quality of research, and clarity of style. Prize-winning essays which have been previously published in the Family Law Quarterly may be found in Vols. VIII No. 1 p. 51; VII No. 4 p. 433; VI No. 4 p. 405; VI No. 3 p. 279; VI No. 2 p. 145; V No. 3 p. 369; V No. 1 p. 32; and IV No. 3 pp. 209, 230, 280. Entry Procedure Law students desiring to enter the contest should write to Howard C. Schwab Memorial Award Essay Contest, Section of Family Law, American Bar Association, 1155 East 60th Street, Chicago, Illinois 60637, requesting an entry form, which must be completed and returned with the essay. The entry form will contain a number to be placed by the contestant in the upper right-hand corner of each page of the essay. Contestant's name is not to be on any copy of the submitted essay. Contestants' identities will not be known to the judges. Six copies of the essay must be submitted. Xerox copies or good carbon copies are acceptable. Entires for the 1979 awards must be submitted to the Howard C. Schwab Memorial Award Essay Contest, at the above address, postmarked on or before April 16,1979. - Martin's Conflicts Casebook Strong Entry In Obscure Field by Mike Buskus Little, Brown & Company of Boston has recently published a new casebook in an abscure field of law. Professor James Martin of the University of Michigan Law School assembled his Conflict of Laws: Cases and Materials within the brief compass of seven chapters and 757 pages. Martin assumed a formidable task in seeking to undertake to write a coherent casebook about Conflicts. This area of law deals with, among other things, "the problems of selecting which of two (or more) states' laws govern when an accident or contract having connections with a number of jurisdictions is brought into court. Conflicts is complicated and difficult to describe with clarity because there is such a contrariety of views by courts and scholars as to how "choice of law" should be made. Authorship Given such a clash of viewpoints by commentators in the field of Conflicts, an author could easily fall fate*to the Scylla of exhaustively presenting all viewpoints with no analysis, or the Chabridis of emphasizing one theory to the dogmatic exclusion of all others. Martin seems to have avoided both dangers. His text is generously spiced with excerpts from such Conflicts classics as the Restatement (First and Second) of Conflicts, Cavers' Choice of Law Process and Leflar's American Conflicts Law. Yet, at the same time he manages to counterpoint individual selections with appropriately skeptical Socratic questions. Thus, he is able to alert the reader to some questions left unanswered by some of the commentators, (e.g., forum s.h.ppp.ing, circular reasoning of courts and even chauvinistic attitudes of some courts in applying their "own" law even when there are compelling reasons for applying the law of another jurisdiction on which had more contacts with the Each entry shall be the work of a single individual. Review Welcomes Input litigation.). Awards The winners of the first, second, and third places as selected and announced by the judges, will be presented with cash awards in the amounts of $500, $300, and $200, respectively. Judges will be designated members of the Family Law Section. clearly indicate when he or she is The editors of the Buffalo Law expressing an opinion. Every Review are interested in receiving manuscript must be well papers of outstanding quality organized, and grammatically and written by students who are not substantively accurate. Footnotes members of the Review. We must also be typewritten and in treatment of the philosophy and theory of conflicts analysis, Martin has not permitted practical considerations to elude him. He appropriately questions whether LATKO PRINTING AND COPY CENTERS JOB HUNTERS! A professional looking resume Is a must! We will typeset & print your resume In a style thatsuits your needs. We can do it better, faster & for less. 3171 Main St. (South Campus) 835-0101 1676 Niagara Falls Blvd. (North Campus) 834-7046 believe that the Review is obligated to provide a forum for all students of the Faculty of Law and jurisprudence who desire to publish. We therefore take this opportunity to invite all students to read the Review's GUIDELINES FOR STUDENT ARTICLES, below, and to consider submitting a manuscript If you have any questions, please feel free to stop in at the Review office, room 60S. Guidelinesfor Student Articles Topic. The topic must be one that has not been exhausted by other articles. The author should present a new approach to the subject and provide novel insights for the reader. Thorough and careful research is mandatory. Form. Every manuscript must be typewritten and should have an introduction, a body with concise and informative headings introducing each section, and a conclusion. All assertions must be documented, and the author must Even with its substantial the brand of "classic" conflicts cases auto accidents are a Procedure for submission. vanishing breed, perhaps obviating Manuscripts should be submitted the need for conflicts analysis: to the Editor-in-Chief who will "Even in a study as theoretical assign editors to read them. Each as conflicts, practicality may manuscript must be accompanied occasionally be allowed to rear its by a brief outline and a statement ugly head. Will there be much left of the author's reasons for to conflicts, with all of its guest believing it to be suitable for statute cases, when the dust has publication. Any author settled after the current submitting a manuscript originally equal-protection attacks on guest written as a seminar paper must statutes and the battle for name the professor for whom it nationwide no-fault insurance is was written. won?" Follow-up If the manuscript The author answers his own has strong potential for question, suggesting hypotehtical publication, an assigned editor that the car collision cases may will meet with the author to suggest possible improvements come and go but that "interest analysis" and other means of and additional work. IT IS ESSENTIAL THAT EVERY resolving conflicts will be equally AUTHOR UNDERSTAND THAT applicable to other conflicts cases, VIRTUALLY ALL such as property, matrimonial and contracts cases. Blue-Book form. MANUSCRIPTS REQUIRE ADDITIONAL WORK BEFORE THEY ARE PUBLISHABLE. In addition, the author is responsible for any xeroxing costs and retyping thatmay be necessary. — — case of Shaffer v. Heitner. Also noted are several post-Shaffer cases dealing with New York's Seider doctrine. Regrettably, however, the book went to press before the Second Circuit's conflicts decision in O'Connor v. Lee-Hy Paving Corp. (To be fair to the author, the text does note that an appeal from the district court decision in O'Connor was pending.) Editorially, Martin has introduced some welcome innovations to casebook writing. Significantly, hehas excised many of the internal citations within the cases, leaving the textual language of the courts intact. In this unsettled area of the law, the reader is allowed to follow the logic and reasoning of the courts rather than merely on accepting a "rule" because it is a restatement of what another case or another court has said. Without the perforation of the text by citations, the opinions read more smoothly. This is probably well suited to the audience of law students. Scholars are still free to resort to the full published opinion, replete with parallel citations. Another welcome approach used by Martin is the moderate use of note cases in contrast to the rather pointless attempt to "collect" cases, an undesirable tendency popularized in Tax and Torts books. On the other hand, the author's editing of the language of the cases themselves leaves room for improvement. Less verbatim reprinting of the facts of cases and some additonal editorial summary would be preferable in those cases with prolix factual patterns. Similarly, the decision to reprint ten full text pages of dissenting opinions from Dred Scott v. Sanford at the opening of the book runs the risk that the reader will stop perusing the text before reaching the more interesting portions of the book. Some other areas of the text suffer from the same malady of insufficiently edited cases. On balance, Martin's text is a strong entry in the rather limited field of Conflicts casebooks. Furthermore, the text is not without its occasional humor. Martin's casebook, published early in 1978, is very up-to-date. The discussion of quasi-in-rem Several clever cartoons jurisdiction includes a Complete interspersed througiout the book analysis of the 1977 landmark retain the reader's interest. December 7,1978 Opinion 5 �Culinary Counsel StuffA Bird Or Pumpkin For A Holiday Feast let cook for about 1 hour, basting near east. Its spiciness is very festive, and the pungency of the once each Vi hour. After the bird has cooked for currents is complimented about an hour, baste it again and perfectly by homemade dry then cover the pan with tin foil. balckberry wine, aged at least two Continue cooking for another 45 years. minutes to 1 hourand baste once. 2 cups rice Check to see if the turkey is salt to taste ready by poking a fork into the V2cup currents leg. If the fork enters easily, your 1 lbs. lamb, cubed turkey is done. If the fork doesn't 6 tablespoons butter enter the leg easily allow the bird to cook for another 15 minutes or 2 medium tomatoes, cubed 1 medium onion, chopped so. Use your own judgement here 1 small green pepper, seeded by Paul Suozzi depending on how hard the turkey feels. and chopped The entire roasting time for a Now that the snow has begun Vi teaspoon allspice to fall, we are reminded once IS to 16 lbs. turkey is only 2% to 1 teaspoon cloves black pepper to taste again die holiday season is upon 2/2 hours. For a 25 Ib. bird it us. To many of us that only takes a little longer, about 3 to 3Vi 3 cups water 2 sprigs parsely means the prospect of preparing hours total roasting time. for and taking exams (or grading Place the rice and currents in a bowl. Add 1 teaspoon salt and them). However, we must not let Stuffed Pumpkin/from the thought of these labors spoil Sharon Osgood cover with hot water. Stir and our holiday spirit After all, the This is a favorite country allow to cool. Drain and set aside. season only comes once a year recipe from the Southern Tier, Place lamb in a saucepan, and and it's such a wonderful excuse especially fine for Thanksgiving. add 1 tablespoon butter, for cooking delicacies such as the Serve with chilled, well-aged dry tomatoes, onion, green pepper, ones set out below. So when the apple wine of the homemade sort. spices, salt and pepper to taste. work is done, take some time to Add 3 cups of water, cover and cook over medium heat until meat enjoy the spirit of the season 1 medium pumpkin while feasting on your holiday VA lbs. very spicy, smoked is tender, about 1 hour. Strain the meat and save the sausage favorites. broth. Place the meat in the I would like to thank everyone 1 cup rice who has shared a recipe with us 1 large pkg. frozen mixed middle of a large saucepan with this semester. In recognition of vegetables, especially corn, plenty of space around it. Cover this generosity I have decided to lima beans, green beans the meat with a metal bowl, share one I intended to save for 1 chopped onion placing a heavy object on top of the bowl to prevent displacement. 1 can beef consomme my last issue. Yes, it's my cheese cake recipe. Actually, it's not my salt and pepper to taste Bring to boil, 2 cups of broth pjus Cut top off pumpkin and clean i'cup of water (3 cups total). Add recipe, and it's about time I gave credit where it is due. So, my gift interior. Salt pumpkin interior 4 tablespoons butter to the to everyone this holiday is Rose well. Cook rice in 2 cups water boiling liquid. Pour into the Francis' French Cheese Cake. It is until most of the water is saucepan with the meat, and pour the best cheese cake I've ever absorbed and rice is al dente. Fry the rice mixture into the liquid sausage and onion together. Mix around the bowl. Stir, cover the tasted. together sausage, rice, vegetables, saucepan and 'cook over medium Papa Paun's Professional Stuffed salt and pepper. Add about 1/3 heat for 5 minutes, then turn cup concentrated consomme. down to low and cook until the Turkey/from his son Jerry This holiday season, to Stuff pumpkin with mixture and rice absorbs all the broth, about minimize the post-holiday dry replace top. Bake about 2 hours at 15 minutes. Add more water if it turkey lament around the law 250 degrees or until tender. appears the rice is becoming dry school, I offer you my father's Larger pumpkins can take up to 4 before tender. wisdom on how to prepare a hours. If it appears the stuffing Remove from heat and take off moist and tender stuffed turkey may be getting too dry, spoon the cover. Place a cloth napkin for your holiday enjoyment. more consomme into the over the saucepan and replace the pumpkin. Extra stuffing can be cover. Leave for 20 minutes in a The Stuffing: baked about an hour in a covered warm place. When ready to serve, 1 Ib. of dry bread, preferably a casserole. Serves 4. remove the metal bowl carefully. Stir the rice gently with a wooden couple of days old 2 or 3 onions chopped spoon, taking care not to break it, Potted Lamb with Rice/ tas Kebab/from celery chopped keeping the meat in the middle. Place a round serving dish on the salt, pepper, thyme and parsley Sharon Osgood This Turkish lamb dish saucepan and invert. The meat to taste commemorates Christmas Eve, a should be in the middle of the 1 egg Soak the bread in some water holiday which originated in the saucepan with the rice around it. and then squeeze it out of the bread thoroughly. Put the bread in a bowl. Sautee the chopped onions and celery. Add the sauteed onions and celery to the bread along with the salt, pepper, thyme, parsley, and egg. Mix thoroughly and the stuffing is ready. The Turkey: Starting with a 15 to 16 lbs. bird, if it is frozen, thaw it out and wash it. If it's not, don't After washing the turkey, salt and pepper it inside and out and then stuff it. Tie up the wings and legs. Place the stuffed bird in a roasting pan with about a cup of water. Preheat your oven to 550 degrees and then add the.turkey. Cook the bird at 550 degrees for about 15 to 29 minutes until it is brown all around. Cover the turkey with about a pint of water, turn the oven down to 375 degrees or 400 degrees and 6 Opinion December 7,1978 Decorate with parsely and serve. Serves 6. . Eva Munday's Fruitcake/ Christmas Pavo Rellcno a la Catalana/ from Karen Spencer Stuffed Turkey Catalan/ from 2 lbs. mixed nuts (Walnuts & John Henry Schlegel Pecahs) Simmer the neck, wing tips and 1 Ib. raisins all the giblets, except the liver, of Vi Ib. chopped dates a 15-pound turkey in lightly 2 lbs. mixed candied fruits salted water to cover. Sprinkle the. 1 small jar strawberry preserves inside of the turkey with salt and pepper. In a skillet melt 14 cup butter and in it saute !4 pound chopped lean ham and the turkey liver, diced, until the meat is lightly browned. Add 8 pork sausages, sliced, Vi pound each of soaked dried prunes and peaches, 1 pound cooked shelled chestnuts, and Vi cup pine nuts, all chopped. Add Vi cup sherry, salt and pepper to taste, and a bouquet garni of several sprigs of parsely, 1 bay leaf, 1 sprig of thyme and 1 stalk of celery with the leaves. Cover the skillet and simmer the stuffing for 20 minutes. Discard the bouquet garni and stir in 2 truffles, diced. Stuff and truss the turkey and store in the refrigerator overnight. Next day, brush the turkey generously with melted butter and put it breast side down on a rack in an open roasting pan. Roast it, in a moderate oven (350 degrees) for VA to 4 hours, or until it is done, basting it frequently with a mixture of 1 cup each of chicken stock, and sherry. Put the turkey on a heated serving platter. Skim the fat from the roasting pan and strain the remaining juices into, a heated sauceboat. Sweet Potato Stringbean and Onion Casserole/from Marianne Suozzi This delightful combination of vegetables is the perfect compliment to the holiday bird. It is easy to prepare and delicious. 2 pkgs. frozen French style stringbeans, cooked 2 medium onions sauted in butter until soft and translucent 6-8 medium size sweet potatoes, cooked and mashed with butter and milk Put the onions in the bottom of a shallow casserole, cover with the stringbeans and top with the potatoes. Sprinkle with sunflower seeds or other nuts if desired. Heat and serve. . Vi c. orange juice Mix together in large pan, cover and let stand overnight. 2 tsp. allspice 2 tsp. cinnamon 1 tsp. cloves 1 tsp. mace - V/i c. margarine 2/2 c. sugar 7 eggs 4% c. sifted flour 1 tsp. soda 1 tbsp. vanilla Cream butter and sugar. Add beaten eggs. Sift dry ingredients. Add to eggs, butter and sugar. Add vanilla and beat 2 minutes until mixture is well blended. Pour batter over fruit and mix. Bake at 275 degrees for 2 hours and 15 minutes. Makes two 5 Ib. fruitcakes. Superb Cheesecake/ from Carol Maue . Crust V* cup fine graham cracker crumbs (about 10 large crackers, crushed)* 1 tbsp. sugar 1/8 tsp. cinnamon 3 tbsp. butter (melted) �(OPTIONAL: Add % cup fine nut crumbs [bl'enderized) to the graham crackers and proceed as directed) Mix crumbs, sugar and cinnamon in a small bowl. Add fork. Butter generously a 9" springform pan. Sprinkle % of the mixture around the sides of the pan. Press the remainder on the bottom. Set aside. Filling Preheat oven to 325 degrees. 2Vi Ib. cream cheese (5 8 oz. Pkgs.) 1% cup sugar 2 tbsp. flour IVj tsp. grated rind/lemon rind V* tsp. vanilla 5 eggs 2 egg yolks V* cup heavy cream orange �Cheesecake Featured Among Dessert Delicacies (Note: Set out dairy products one inch of water. Bottom of approx. 2 hrs. before you bowl should be above water. intend to use them, Cover pot closely. Use high heat particularly the cheese, as they first, then as steam begins to will be easier to work with at escape, lower heat justenough so room temperature.) steam will not escape. Steam eight Cream the cream cheese in a I hours, adding more water if large bowl. Add the sugar and required. beat well. Add the flour, fruit After steaming, set aside at rind, and vanilla and mix. Add the room temperature overnight to eggs, one at a time, beating well cool. Remove from bowl. Wrap in after each addition. Stir in the foil with double-lock seal. Age in heavy cream. Pour into prepared refrigerator. The pudding will pan. Bake for 1 hour and 15 keep several months in minutes in a 325 degree oven. refrigerator, or may be frozen and Turn off oven. Let cake stand in stored indefinitely. oven for additional 15 minutes. To serve, turn each pudding Remove cake from oven and cool. out on a flat plate. Pour Refrigerate. (Remove sides of pan approximately % cup 151 -proof as soon as cake is cool enough to rum on each plate around the do so. This facilitates cooling.) Tastes best when served chilled. Cake may be topped with a fruit mixture of fruit, cornstarch, and sugar heated over a stove until thickened. Proportions will depend upon fruit used (fresh or frozen; sweetened or unsweetened) and the amount of liquid (juice) the fruit is packed in or weeps. sugar, cinnamon, ginger, nutmeg and salt and mix well. Blend in two slightly beaten eggs and the evaporated milk. Carefully pour over the cheese mixture. Bake at 350 degrees for 65-70 minutes, or until done. Cool before serving. 5 Ib. Brisket 1 package dry onion soup one onion, sliced 1 cup white wine large piece of aluminum foil Cut out all fat. Slice the onion and put it on the aluminum foil. Place the meat on top of the onion, then pat the dry soup Rose Francis' French Cheese Cake mixture all over the meat. Carefully pour the wine on top. Seal the foil securely. This Crust preparation may be done the day i 1 cup all purpose flour ' 2 tablespoons sugar before the dinner. When needed, place the unopened package in a % Ib. butter shallow baking dish and bake in a 1 egg yolk preheated oven at 350 degrees for 2 hours and 30 minutes, until well Filling 2 8 oz. packages of cream done. Leftovers may be reheated and, if possible, taste even better. cheese . , .. , . •. flour. Put the currants, sultanas, almonds, bread crumbs, suet, brown sugar, cubed apples, lemon rind and flour mixture in a large container, approximately four gallons capacity. Mix thoroughly with hands, reaching to bottom of pot and lifting up. Then add one-half cup dark rum and mix thoroughly- Add beaten eggs and again mix thoroughly. Mixture will be damp and crumbly. Let stand overnight. Makes about nine and one-quarter pounds. Divide into three greased bowls. If necessary, content may be rounded above top of bowl. Cover tightly with foil. Do not mash down. PUdding will shrink in volume as cooked. Place each bowl on a high trivet in a heavy pot containing — Boil water, sugar and cream of tarter together for 5 minutes. Add the crackers, but do not stir. Boil for 2 minutes. Add the nutmeg and cinnamon and stir. Cool, then pour into a greased 9 inch pie pan. To make the streusel, combine all the ingredients until the consistency of cornmeal. Cover the cracker mixture with streusel and bake at 350 degrees for 30 minutes. Peppermint Bavarian Pie/ from Tayna Miller 1 cup milk % cup crushed peppermint candy (canes, etc.) 1 envelope unflavored Knox's gelatin (1 tablespoon) 1 cup heavy cream, whipped Combine the milk and candy with a dash of salt. Cook in a double boiler, or over low heat, stirring frequently until the candy dissolves. Remove from heat. Soften the gelatin in cold water, then dissolve in the milk mixture. Chill until partially set, then fold in the whipped cream. Turn into a crumb crust and chill 4-5 hours until firm. Crumb Crust VA cups crushed chocolate wafers 6-7 tablespoons melted butter Mix together and press against the sides of a greased 9 inch pie pan. Vi teaspoon nutmeg Vi pound (2 cups) all purpose . V* cup butter V* cup cold water Christmas Plum Pudding King George V/ from John Henry Schlegel V/i teaspoons salt 1 teaspoon baking powder 1 tablespoon allspice 4 teaspoons ground ginger flour 1 pound seededraisins 4 ounces mixed candied peel, cut-up i 1 pound currants 1 pound sultanas (golden seedless raisins) ■ ■ 6 ounces whole raw almonds, blanched and chopped or sliced 1 pound dry bread crumbs 1 pound ground suet 1 pound brown sugar 1 pound winesap apples, peeled, cored and finely cubed (weigh apples after peeled and cored) Vi cup dark rum 6 to 8 eggs (1-1/3 cups), well beaten V* cup (approximately) 151-proofrum. HardSauce (see recipe) In mixing bowl, combine the salt, baking powder, allspice, ginger, nutmeg and flour. Sift seven times. Separate the seeded raisins and drop them one by one into the flour. Add candied peel and mix well, working with fingers until separated and well coated with % cup all purpose flour 1 /3 cup sugar part brown —Amy 1 tablespoon flour pudding. Light and ladle flaming rum over pudding. When burned ■4 egg yolks Vi cup sugar away, serve with hard sauce. The rum should burn about one 'A cup sour cream 'A cup heavy sweet cream. minute; as it slightly 'toasts the surface of the pudding. Use 1 teaspoon vanilla 5 egg whites 151-proof rum. Lower proofs do not burn readily. dash salt Have the eggs, cheese and Yield: Three puddings serve 50 butter at room temperature. Use a people. 10 inch springform pan. Hard Sauce First make the crust. Mix flour, sugar and butter until crumbly. J4 pound (1 cup) butter 1 pound (4 cups sifted) Add egg yolk and form into a ball. Divide in half and, using the palm confectioner's sugar of your hand, spread onto the 1 (2 tablespoons) egg white bottom of the pan. Bake this at V/i tablespoons dark rum 425 degrees for 8-10 minutes until 2/2 tablespoons Cognac light golden in color. Allow this to 1 teaspoon vanilla Cream butter and add 2 cups cool thoroughly, then spread the sugar and egg white alternately. remainder of the dough on the Beat in remaining sugar and rum sides of the pan. DO NOT COOK and Cognac alternately, beating THIS! well after each addition. Add the Filling: Blend the cream cheese vanilla. Store in a screw-top jar. with the sugar and flour. Add 4 Serve at room temperature. egg yoks and mix well. Add the Yield: Four cups or 16 sour cream and heavy cream. Add the vanilla and mix well. servings. Beat the 5 egg whites and dash of salt until stiff, but not dry. Pumpkin Cream Cheese Pie/ Gently fold them into the cream from Allan Canfield 8 oz. pkg. of cream cheese, cheese mixture, then pour into softened the baked shell. Bake at 350 degrees for 45-50 minutes until Vt cup sugar set and light golden in color. Cool Vi teaspoon vanilla away from drafts. The cake will 3 eggs VA cup pumpkin (canned or crack somewhat, so don't worry. Note: I have made this cake cooked) with twice as much cream cheese 1 teaspoon cinnamon and it works well, but is heavier V* teaspoon ginger and a bit richer. Also, once cooled % teaspoon nutmeg in the refrigerator, the cake settles 1 cup evaporated milk and looses its light texture, dash of salt Combine the cream cheese, V* though not its delicate flavor. cup sugar and the vanilla. Add 1 egg and mix well. Spread on the bottom of a deep 9 inch unbaked Super Brisket/from Lily Laufer pie shell. This Brisket is not only Combine the pumpkin, Vi cup delicious, it's foolproof! ' Jo Fricano . Wiener Semmelknodel/ Viennese Bread Dumplings/ from Lily Laufer 1 regular loaf of day-old white bread * i' Vi cup oil Vi cup milk 2 eggs Vi teaspoon baking powder salt, pepper to taste 2 teaspoons parsely Dice the bread and put it in a large bowl. Beat the eggs, salt, pepper, baking powder and parsely together. Combine the oil and milk. Add this to the egg mixture and pour over the bread. Wet hands and mix all ingredients until of an even consistency. Form loaf and place on a large piece of aluminum foil. Wrap securely and put in the freezer at least 2 hours. (It may stay for months.) When needed, bring water to boil in a large pot Place the package in and simmer for one hour. Carefully unwrap on a board. Slice diagonally and serve with meat and gravy. Wrap the leftovers in foil and put back in the freezer. The next time, place in boiling water again, but simmer only half an hour. When planning to use it soon, it will keep in the refrigerator a few days. It is very good sliced or cut up, heated in oil and a beaten egg poured over it and cooked a few more minutes. . • ■■ .. Apple Pie Mirage/from Lily Laufer 2 cups water 22 whole Ritz crackers 1 cup sugar V* teasooon nutmeg 3 teaspoons cream of tarter Vi teaspoon cinnamon Grasshopper Pie/ from Tayna Miller 24 marshmellows 2/3 cup milk VA oz. green creme de menthe 1 Vi oz. white creme de cacao Vi pint heavy cream, whipped Melt marshmellows and milk in a double boiler. Add the creme de menthe and creme de cacao. Chill until thick, then fold in the whipped cream. Pour into a crumb crust (see above recipe). Chill in the freezer.Thaw at room temperature one hour before use. This recipe and the one preceding are very good served together after a Christmas meal. They are refreshing, even after a large meal, since they are light and minty. UNIVERSITY PRESS • Fliers • Posters • Resumes Stationery • Publications • Business Cards • Monday-Friday 10a.m. to Sp.m. 831-5572 PERSONAL SERVICE! Streusel December 7,1978 Opinion 7 �Short Relief Fans Enjoy Ups And Downs by Maria Colavito ''Everybody Loves a Winner" and "Nothing Succeeds like Success" are supposedly uniquely American expressions, reflective of the American ideal that in order to merit some respect or praise from the public you should be best at something, or at least close to it While the American people, not wishing to appear lacking in complexity, have often been infatuated with real losers (Joseph McCarthy, Richard Nixon, George Armstrong Custer, Rutherford B. Hayes, to name a few), for the most part, they feel content in knowing their real heroes are great at what they do. Yet, in sports, anyway, this pursuit of excellence may be a myth for it seems when you'get a little too good, people begin to start disliking you. Unlike the public acceptance of IBM, the telephone company and Xerox (in fact, if they could come up with a copying machine that would operate for 48 consecutive hours without breaking down and donate it to our library I am sure every student here would gladly donate one year of their professional life to fighting their antitrust suits), dynasties in the sports world are not so easy for the American people to handle. And it appeared the Dallas Cowboys were beginning to find that out. Coming off a very successful season, having won a decisive victory in last year's Super Bowl and sporting a roster filled with big names, the Cowboys seemed like a sure thing to walk away with this year's football honors. Even I, knowing very little about football (I am actually stealing this whole story from Sports Illustrated) know enough that if forced to make conversation with a football fan at a party, I will be fairly safe in saying the Cowboys look stronger than ever this season. And, having played in several Super Bowls since 19*70 and had the proverbial thrill of victory, the Cowboys apparently now qualify as a dynasty. (Inflation or perhaps expansion seems to have taken its toll here. It used to be at least five consecutive world championships were necessary to qualify as a true Of Sports Dynasties people enjoy seeing them to win but the younger ones we'd wanted that game badly, destroyed, and how similar the supposedly play for money. It's we'd have been so fired up we'd process is no matter what the just a job to them so their egos are have attacked Robertson." Now sport or who the parties involved. not quite so bruised when they there's a man who really Having sat through many a session lose. And their egos are not the understands the meaning of where Yankee dynasties, old and only things that aren't sufficiently championship, professional new, were dissected, I found it bruised if you ask the veterans. football. (Personally, I've always amusing to read some of the Supposedly, these younger players had a hard time accepting the comments on the fall of the are not aggressive enough. That premise that pro-football players Cowboys. At the outset, no one has a lot to do with the, might lack motivation to get out can be sure what Dallas' season 2) "Thank God you're a holds in store for it. After their Cowboy" (i.e. a champion) impressive Thanksgiving win approach to football. When you against the Redskins, few are are a champion, the theory goes, willing to write Dallas off you are expected to play harder, anymore. But while it was tougher and better. In football, fashionable, the autopsy on the where often the harder and Cowboys bore a striking tougher you are, the better you resemblance to the cutting the are, this might be especially true. Yankees got way back when. A lot of Cowboy watchers don't Consider some of their findings: think that all the team's members 1) Old age vs. impetuous are playing like champions. D.D. youth: supposedly, some of the Lewis, a Dallas linebacker and older Dallas veterans take defensive co-captain put it best exception to the manner in which when he told a reporter, the younger players accept defeat. "Sometimes, it seems like we're Since they are used to the just complacent as hell. We've got atmosphere being sombre and to get meaner on the field and not sober after any loss, the veterans take any crap off other teams.'' don't consider drowning your Referring to a game with Los sorrows at a disco to be> an Angeles, Lewis noted that one of appropriate way of registering the Ram's Linebackers, Isaiah disappointment. This may be an Robertson had repeatedly spit on extension of the old "pride vs. the several Cowboy players with no pocketbook" angle. The older response. Lewis felt "That showed players, the "true" athletes, play us where we were mentally. If there and play aggressively. I remember reading once about a high school football coach who, to "inspire" his players to do their best on the field that day, would bite off the heads of live frogs during his pre-game, locker room pep talks. I mean with training like that under your belt how can you help but be a real champ out on the field?) 3) Those stars are ruining us. This theory is a real favorite of dynasty watchers. Tony Dorsett is supposedly the star who is destroying the Cowboys (no one would dare say that about Roger Staubach. It would be like saying Moses was getting too big for his dynasty; today, having two britches.). Dorsett is allegedly consecutive winning seasons and a doing to the Cowboys what poster of your cheerleaders seems Reggie Jackson did to the to do the trick.) Yankees. The other players feel he But more than watching how is too arrogant and expects special dynasties are created, it is very treatment from Cowboy interesting to watch how much management. Oddly enough, a lot of the problem here may stem from the fact that many of the players who think they play for pride might want to get a little more of what they think Dorsett By alternating the running with plays for money. After all, since the profession is largely a runners find this activity sedintary one it is easy for lawyers somewhat boring, it is essential to walking but always doing it for 10 pride won't buy you a Jaguar. to become overweight. minimizing muscle strains. 4) The coach is getting senile. minutes, you'll be surprised at Consequently, lawyers become Additionally, stretching serves to how quickly you can build-up to Remember the days when people prime candidates for heart warm-up the body, including the were wondering if Billy Martin running for the full 10 minutes. attacks. cardiovascular system and Once you can run for a full 10 had forgotten how successful his minutes, stay at thatroutine for a pattern of aggressive base running Obviously, a watchful eye on prepares it to safely endure the month, don't push forward too had been, or how he had a Cy the diet helps to avoid becoming more strenuous exercise to follow. fast. The next month start Young award winner in the overweight. A satisfactory diet After stretching, it's a good alternating long and short days. bullpen looking for work? Well alone, however, doesn't firm-up idea to walk briskly for 5 minutes On the short day, walk for 5 the same thing seems to be muscles, increase strength or or so before commencing the run. minutes, run for 10 and walk for happening to Tom Landry. People relieve tension and stress. Proper This further warms the body. another 5. The next day, the long feel he is being too conservative exercise does. Now you are ready to run safely. day, walk for 5, run for 15 and with his plays and is failing to use There are, of course, many Some people run for distance, then walk for another 5 minutes key personnel to their best kinds of beneficial exercise but others run for time. If you run for a month of this try a 1C advantage. Some of the After consider running. Running is means that you have minute run on the short da> replacements Landry has used are convenient. Almost everyone can distance this followed by a 20 minute run or not producing adequately and the do it and no special skill or determined before your run how the long one. scorned starters are supposedly training is required. It can be done far you are going. Time and speed completing are it's From here on can unimportant, you losing interest and ability from alone or with others. Other than a play. With all those game good pair of running shoes, it the distance that counts. For the continue to increase each month lack of running by films, recommend 5 minutes to both the and coaches to I beginner, adding computers requires no special and/or long and short days until you have tell him how best to use his expensive equipment and it can be for time. When you run for time you reached a level you feel satisfied players it would appear senility is done anywhere at any time. determine before the run how with. Even remaining at the most logical answer here. as Running is widely regarded much time you will spend alternating 10 and 20 minute runs Maybe Landry will develop a spot one of the best exercjses for the running. Distance covered is not you will be getting a good on his liver and be shipped off to cardiovascular system in addition considered nor is speed. Running the farm for a couple of years to workout. to being recognized as a good way for time is ideal for Take your time when you start recuperate and rejuvenate. people who to shed extra weight and firm-up have to budget their time since your running program. At the Hopefully, this plan will be muscles. A strong cardiovascular they can readily fix the amount beginning, to go out and run 5 or successful for other fallen leaders. system is essential to avoiding spent exercising. 6 times a week will probably seem There were other more heart disease. Remember from Bio If you have decided to take-up like a chore but give it a fair pragmatic but certainly less 101 that the heart is a muscle and running or at least give it a try but chance. Most runners agree that it colorful reasons why the Cowboys like any other muscle it gets you don't know of a good takes 6 to 8 weeks of running 5 or were not winning the way they with exericse. The stronger work-out to start with, try this. 6 days a week before running should have been. It had normal human pulse rate is After stretching and walking for 5 becomes really pleasureable and something to do with key injuries, between 72 and 80 constractions minutes, try to run slowly for 10 something to look forward to failure to make interceptions as per minute. When running this minutes and then walk for day. frequently as in the past, more each rate increases to about 180. another 5 minutes. Don't be Keep in mind that unlike most turnovers, and gaining half the While increasing the pulse rate discouraged if you find that you other sports, running is an activity yardage they had at the same time properly is good exercise, can't run continuously for a full that you can expect to get better last season. While these were all increasing it too rapidly and 10 minutes at first. If you have at as you get older if you stay valid reasons for loss of without adequate preparation can some trouble, run for 3 to 5 with it. As you improve, don't be performance on the field, to induce cardiac arrest. This result is minutes or until you get tired and surprised if you start to feel better people who would have really avoided by using a little common then walk for a minute or two. about yourself and find that you gotten a big kick out of watching sense and patience. After this brief rest try to run have more energy to do other Rome burn, or who currently Assuming basic good health, again for a few minutes and if you things as well. Q's won't relish the sight and sound of novice and experienced runners have to walk again after a short demoralize you anymore and who Howard Cosell and Curt Gowdy in alike should spend at least 5 to 10 run that's OK too. The important knows, one day you too may even their declining years, watching minutes stretching before and thing is to continue for a full 10 find yourself considering a dynasties collapse is fun only if its after each run. Although most minutes. marathon. something personal. Running Can Be The Prescription To Remedy Tension And Strain Of Law School Life by Jerome Paun In the last Opinion I attempted to inform readers about marathoning and why at least some people do it. For those of you who were not persuaded that marathoning is the thing to do, but who are concerned about fitness and health, consider running. If you are at all like me, by the end of your first year in law school, the fairly youthful and muscle toned body you started the year with atrophied to a loose and ill-defined mass of flesh. Looking in the mirror each day became less and less pleasant. In this decaying condition it's no wonder that 35 per cent of those seniors surveyed had negative self-images upon receipt of Q's. It's depressing but it doesn't end here. The legal profession, including law school education, is a strict task master. It demands time and energy, and places a great deal of stress on those among its ranks. Under such conditions it is not surprising that lawyers suffer disproportionately from such stress related illnesses as heart disease. Most of us, presently enjoying good health, are not worried about heart attacks. But if we wish to maximize our chances of avoiding one when we are in our 40's or 50's, we should now consider the factors that contribute to heart disease and what we can do to minimize their impact later. While we know that heart disease is brought on by many factors, we also know that central among these are stress and excess body weight. The practice of law seems inherently stressful and 8 Opinion December 7,1978 — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-12-07 Alternative Title An alternative name for the resource. 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Furthermore, the law substantial change in the manner school will "try to involve a of teaching ethics at the law significant number of people from school. In the past, seniors downtown in discussion groups." rundi chuvis enrolled in a one-credit ethics The class will meet for about two course taught in the Moot Court hours a weekfor seven weeks. According to Headrick, the Room, featuring guest lecturers. The new plan contemplates a written exam in the course "will two-phased system in which the be similar to the Multi-State Class of 1979 and the Class of Ethics Exam which is being 1980 will be offered a one-credit developed and which the National ethics course similar to past. Conference of Bar Examiners offerings, while all future classes expects a number of states to will have ethics taught as part of adopt between now and 1980." did not come forward to claim the the first year research and writing This type of exam would call(s) prior to April 17,1978; (3) program. eventually be given several times a turn the entire matter over to the year in addition to the normal bar Last summer, in a letter to all exam. Passing this exam would be Faculty-Student Relations Board (FSRB) for whatever action it students enclosed with the required for admission to the bar. deems appropriate; and (4) release registration materials, the Dean The Dean expressed the hope that the list of calls to Opinion with announced the old "lecture" Buffalo could be a pilot center to the caveat that it would be. course in ethics was being test out this type of exam. The improper in the view of the SBA scrapped. Headrick recently course and the exam would Board to publish any information labeled the old lecture course a probably be graded on a which would unfairly create a "lousy course." The Dean Satisfactory/Unsatisfactory basis. presumption that an individual explained his dissatisfaction with Headrick mentioned that if this whose name might appear as a the old -manner of teaching it: course is successful, it will be calling destination is responsible "We had a number of outside repeated for the class of 1980. visitors who came and did good for suchcall. The long-range goal for The consensus at the meeting jobs; but, the problem is that to teaching ethics at Buffalo was that the SBA itself has no teach legal ethics, you need to envisions greater integration of power to sanction anyone who teach it in small groups. You can't ethics with the traditional may have misused the phone and teach it as a lecture course." curriculum earlier in law school. not claimed or paid for a call. For As an alternative, the law This spring will be thefirst step in that reason, the subcommittee school offered Professor Marshall decided it was best to refer the Breger's Legal Profession course entire matter to the FSRB which this semester. Headrick recently could decide and impose an praised this course offering, appropriate sanction. calling it "a better course than -First year director Jay Martin anything we had wanted to devise opened the question as to whether for teaching ethics as an ethics the board should recommend course because it goes into the sanctions to the FSRB. Maloy felt wider aspects of the profession it would be inappropriate for the and sets it into some kind of SBA to attempt to dictate context..." procedure to another governing There has been considerable board. Steele expressed the desire that something accompany the response to the Dean's summer report which would indicate to letter and the alternative of the FSRB the SBA felt some Breger's Legal Profession course." Nearly SO students have enrolled sanction should be imposed. Approximately Second year director Dwight Wells in Breger's course. 125 students have petitioned* the agreed with Steele that some Dean to reinstate the ethics course action should be taken. Steele then suggested a letter for the spring semester. should be sent with the report Headrick explained one reason which would express the SBA's behind the request for reinstating feeling that the concerns where the ethics course may be a desire substantive and should receive to balance the number of credit commensurate consideration. He hours to meet Court of Appeals also offered to draft such a letter. requirements. In addition, the Wells motioned to accept the Dean observed that in the report of the subcommittee. A aftermath of Watergate, there has friendly amendment was offered been a generally heightened to delete one call which it concern over ethical issues appeared had already been pertaining to the legal profession. The Dean detailed the program claimed. The amendment was accepted and the motion passed for the spring semester: it will be Dean Thomas E. Headrick unanimously. partially student organized, but Phone Report Ends SBA Involvement by Paul Suozzi The Student Bar Association (SBA) Subcommittee on telephone abuses gave its final report to the board at the recent SBA meeting, November 2. A written report had been distributed to board members at a previous meeting, at which time the board voted not to release the report until all board members had reviewed it. The present discussion was aimed at deciding if any further action should be taken by the subcommittee, and what should be done with the report. The discussion was led by third year director Jim Maloy, Chairperson of the subcommittee. The written report outlined the previous actions of the subcommittee, including its preliminary report to the board on April 21,1978. At that time, it was determined there were over $385 in unclaimed personal calls made from student organizations' phones. The task of the subcommittee was to look into the unclaimed calls and attempt to identify the callers. Subcommittee member Lewis Steele conducted this investigation during the summer with the help of New York Telephone. A list was compiled of the calls and their destinations. The subcommittee met with Dean Thomas Headrick on October 19, 1978 and a course of action was agreed upon, as follows: (1) Perform a cross-check of the names appearing in the "destination" column on the attached lists with the class lists for the graduating classes from 1977 through 1980;(2) notify by letter those individuals whose names appear from such cross-check, and request: a) whether or not the individual claims responsibility for the call or calls in question, and b) if the individual claims responsibility, an explanation as to why* he or she that direction. The program will involve a substantial component of the first year research and writing program, which is taught by student assistants under faculty supervision. This year, the program will include substantial participation by a faculty member who will teach ethics. "Bob Berger is going to specifically handle that part of the research and writing course. He's going to work with the student assistants in th.c design of problems and discussion of them. It's going to cover six or seven weeks of [one or more hours a week] in the research and writing course." Commenting briefly on the manner of grading the ethics component of the research and writing course, the Dean declared students will be graded "on their sensitivity to the ethical issues involved and their understanding of the Code (of Professional Responsibility] and its meaning as it applies to certain kinds of ethical problems." Headrick stressed students will have to be "familiar with" the Code and "understand it in some way and apply it to hypothetical situations. It's not testing their 'ethics,' it's testing their understanding of the ethical proscriptions that apply to lawyers." -mike shapiro �Vol. 19 No. 5 Nov. 9,1978 Editor-in-Chief Jason Poliner ' Staff: Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Alan Beckoff, Steve Blumberg, Bitt Brooks, Paul Bumbalo, Mike Buskus, Maria Colavito, Tim Cashmore, Carol Gardner, Jay Marlin, Bob Siegel Contributors: The Hon. Seymour Boyers, Jerome Paun, Karen Spencer, Ken Turek Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Students Vote For"Q" By voting overwhelmingly in favor of maintaining the present grading system, the students have sent a strong and clear message to the APPC and the faculty. The message is simple. The present system is sufficient for our needs. There is no need to make a change which in the end will not be any more fair, but will, in all probability, tend to increase competition and make law school even less of a learning experience. The APPC in analyzing the pros and cons of changing the present system should give the student's view great weight. Students must live with the system. Grades can determine job opportunities, status, even the future of the student. We are sure if a change was to be made in the tenure system, the faculty would want their views on the change to be given great weight by any committee considering the issue. We ask the same consideration in this matter. Opinion is pleased students voted in favor of keeping the present system. Frankly, we find the" present system appealing for a number ofreasons. The system awards high achievers without bringing cut-throat competition to the law school. Students are able to participate in a learning experience without the fear that by missing a point or overlooking a case they will be doomed to a poor grade. Finely' drawn distinctions between students are unnecessary and even counter productive at the graduate level. Once a person has finished college and has been accpeted at a graduate school, faculty should be less concerned with drawing distinctions between students and more concerned with providing the students with the opportunity to participate in a learning experience which will sharpen the mind and not dull the spirit. Students engaged in a meaningful learning experience are more likely to do the type of work which will culminate in the honors grade because they enjoy what they are doing and are not under pressure to get a grade. The present system provides adequate feedback and reinforcement to the student. A "D" grade tells the student his work is marginally adequate. The "F" grade serves to weed out the few unqualified students the admission's process missed. As long as the faculty has the courage to give the "F" grade, when deserved, the integrity of the present grading system is maintained. This law school prides itself on being better than your average "garden variety law school." It prides itself on being innovative and daring. Our present grading system is distinctive. Instead of worrying about the system hurting students at placement time, the school should use the grading system as a selling point for potential students and employers. Instead of looking back at what other schools have done we should look forward and let other schools follow our lead. • LAST CLEAR CHANCE December 7, 1978 will be the next and last issue of Opinion for this semester. All letters, articles, announcements and any other contributions are due by November 28th. 2 Opinion November 9 Letters To The Editor Use of Photo on Transcript Questioned on a transcript request that been that photographs of students note To the Editor: is not to be included. the picture are strictly for internal use. I is not indicated This option to find the never expected I recently obtained a copy of anywhere on the transcript my transcript from the Office of Admissions and Records. The second page includes a copy of one of the two photographs required by the school when I first enrolled here. I asked at that time what the purpose was in requiring the pictures and was told they were "for our records." My assumption has always pictures would appear on request form. transcripts. The purspoe of the I asked at A & R whether the inclusion of the pictures on transcripts sent outside of the school is standard procedure and was told it depends on who makes the copies. Sometimes they are blocked out, sometimes they are not I was also told a student may Affirmative Action Coalition Seeks Clear Goal Statement To the Editor: In response to the apparent inadequacy of the Law School's Affirmative Action Program, an ad hoc committee has been established. Approximately a dozen students have addressed the range of problems associated with the unreasonably small number of minority students now enrolled in the Law School. Thus far, the Affirmative Action Coalition's activities have been limited to several idea-generating meetings and informational discussions with both Asst. Dean Allan Canfield and Professor William Greiner. In addition, the committee has established liason with the International Coalition and minority organizations of the entire University community. In the near future, the Coalition is participating in a workshop on Affirmative Action in Professional Schools during Third World Week, November 14th-19th. Focus of the Coalition is now centered on: 1) lobbying for an increased commitment by the administration in such areas as admissions policy, recruitment, support programs, and securing a full-time minority program coordinator; 2) exploring funding sources for minority programs existing at other law schools; and 3) researching the past and current practices of admissions, recruitment, and follow-up. A primary objective of the Coalition is that the administration and faculty publish a clear, updated, and comprehensive statement of the Law School's Affirmative Action goals and the proposed means of meeting these goals. It is hoped that student input will be utilized in that articulation. In order to overcome the limitations imposed by the small number of students now offering their input to thjs committee, more volunteers are needed. There are numerous tasks to be identified and completed. The Coalition's next meeting is Tuesday, November 14th, 6 p.m. in the First Floor Lounge. Tor additional information contact Hillary Exter or Shelley Mayer. Each year, The Student Bar Association allocates a certain amount of its budget to the Distinguished Visitor's Forum. The purpose of the Forum is to bring to the Law School persons who can present their ideas related to the law or to subjects closely associated with the law. ExampJes of previous programs include Ramsey Clark speaking on the proposed revision of the Federal Criminal Code, and speakers on law in Puerto Rico and law and the elderly. The SBA appoints a committee to process applications for use of the DVF fund. The members of this committee for the 1978-79 school year. are Ted Donovan, Dwight Wells, Joe Keleman and ■"■ '- '."■ •*•"*'. "■" "'• ■ • ■ Bill Lundquist Another Letter Attack Social Services Humor To the Editor: I was greatly angered to see that the Opinion (September 28, page 7) published quotations from letters sent to the Social Services Department by people who were applying for Public Assistance. The quotations, as you may recall, were sentences that contained bad grammar, faulty construction, wrong word usage or were simply nonsensical. The purpose of your publishing these quotations seemed to be for SBA Solicits Proposals For Distinguised Visitors To the Editor: school's requiring the photographs should be disclosed fully before they are submitted by Students. The transcript request' form should include an option as to the pictures appearing on a transcript going outside of the school. This is definitely not a matter to be left to the whim of A & R personnel. The most serious objection to pictures on transcripts is the inherent danger of its facilitating racial discrimination. Many employers see transcripts before they decide whether an interview will be granted. The presence of a picture on, a transcript is as potentially dangerous as the requirement of photographs by schools as a part of theadmissions process, a practice this school does not use for this very reason. Even if other students do not object to the practice on principle, I am certain they would object toy not knowing how the pictures may be used. I, as most students, did,not go out of my way to submit the most flattering picture of myself when I first came here. A Xeroxed copy of a poor picture Is not a pleasure to behold. John Stainthorp. The Committee has established a regular meeting time, beginning on November Ist. The Committee will meet every other Wednesday at noon in the SBA office to consider program proposals.' We invite individuals and organizations to submit proposals to us before these Wednesday meetings. The DVF Committee nothing more than the amusement of your readers. One would think it possible to find better entertainment than making fun of people who most probably are uneducated, unaccustomed to writing letters, and who suffer great social hardships. Moreover, anyone who has had the delightful experience of dealing with the Social Services Department knows how confusing, ambiguous, and inane their questions and procedures can be. Furthermore, many of the sentences I have seen some UB law students write are worthy of comment. These sentences were no more understandable, at times less so, than those of their fellow citizens applying for Public Assistance. This, of course, is a cause for concern since law students are supposedly educated and trained to think and write logically. Finally, I wonder how many lawyers will be laughing after graduation when they end up with their friends at the Social Services Department because they- can't find a job. Jonathan A. Robins Quote of the Bi-Week An analogy is the last refuge of an empty mind. -John Gardner �Guest Commentary Medical Malpractice Panel: Creation and Effect by The Hon.Seymour Bayers The medical malpractice furor of a few years ago acted as a compelling force for legislative change. As a result, the New York State Legislature enacted Chapter 109 of the Laws of 1975 and Chapter 955 of theLaws of 1976, which are applicable to malpractice actions against physicians and podiatrists, and Chapter 95 of the Laws of 1978, extending, jurisdiction to such cases against hospitals. One of the most controversial statutory provisions enacted was the creation of the Medical Malpractice Panel. The statute establishing this panel is Section 148-a of the Judiciary Law. In essence, subdivision 2 of said section provides for a hearing before a panel consisting of a Supreme Court Justice, a physician and an attorney. (See §684.4 [b] of the Rules of the Appellate Division, Second Department, to cases involving multiple physician defendant.) Prior to the hearing, any party may object to the physician or attorney who has been designated. Such objection shall be decided by the justice presiding as a ■member of the panel. (Judiciary Law, § 148-a, sub. 2, par. d.) The hearing itself is informal and without a stenographic record. Except as otherwise provided, no statement or expression i of opinion made in the course of the hearing is admissible either as anadmission or otherwise in any trail of the action. (Judiciary Law, § 148-a, sub. 4.) The panel has the authority to render a recommendation of liability or no liability which, when unanimous, may be offered into evidence during the trial of the lawsuit. The portion of section 148-a which refers to the unanimous recommendation of the panel is subdivision 8, which provides: If the three members of the panel concur as to the question of liability a formal written recommendation concerning such question of liability shall be signed by the panel members and forwarded to all parties. In such event, the recommendation shall be admissible in evidence at any subsequent trial upon the request of any party to the action. The recommendation shall not be binding upon the jury or, in a case tried without a jury, upon the trial court, but shall be accorded such weight as the jury-or the trial court chooses to ascribe to it. If the recommendation is read to the jury or by the trial court, the doctor member or the attorney member of the panel, or both of them, may be called as a witness by any party with reference to the recommendation of the panel only. The party calling such witness or witnesses shall pay theirreasonable fees and expenses. . The constitutionality of the statute has not as yet been ruled upon by the Court of Appeals, but three of the four Appellate Divisions have held the statute to Results in on Grade Referendum; Students Vote To Keep the "Q" 47% most preferred a 4 tier H-Q system 42% most disliked a 6 tier A-B system In addition to continuing our analysis of these results we will be analyzing the "strongly support thru strongly oppose" preferences.. Notwithstanding this continuing analysis the student mandate to keep H-Q-D-F or to change to H-Q-P-F is clear. The answers to the questions concerning the perceived effect of our present grading system on employment opportunities, work motivation and self image are as interesting, consistent and clear as the preference for the H-Q. On the question concerning the effect on employment, 43 per cent said H-q had no significant effect, while 23 per cent said it had some effect. Of by Tony leavy the 23 per cent almost all said it "had a negative With 60% of the students voting in the grade effect The class breakdown is: referendum (the highest turnout ever in student significant effect no significant effect elections) the results were: no change in our present Istyr 18% 44% and, a more grading system; four tier system; yr 2nd 22% 56% specifically, a four tier H-Q system. In addition, 3rd yr 34% 56% voted 6 tier against any students overwhelmingly On the question concerning work motivation 63 system, with a 6 tier A-B system receiving the roost cent said they would not work harder under a 5 per votes. negative I Employment opportunities were not thought to or 6 tier system, while 23 per cent said they thought be significantly effected by the present system; Ithey would. The class breakdown is: students felt they would not work harder under a 5 not work harder Work harder or 6 tier system; and do not feel the Q creates a 64% Istyr 20% 21% negative self-image. 2ndyr 64% 35% (All of the following numbers and percentages 3rd yr 63% are approximations, and are rounded off. If the On the question of whether the H-Q creates a percentage does not add to 100% the difference ( negative self image 61 per cent said that it did not, includes no opinion and other answers.) while 20 per cent thought it did. The class The total voter turnout was 453 put of 765 breakdown is: total students. This breaks down by class as follows: no negative self image negative self image 66% Istyr 184 Ist yr. votes 11% 75% of class 22% 158 2nd yr. votes 62% of class ■ 2nd yr 58% 44% of class 63* 104 3rd yr. votes 3rd yr 35% the or 6 clear: we do not think H-Q 4, 5 The preferences for tier systems Again, the results are were as follows: significantly effects employment, causes us to work less than under a 5 or 6 tier system or creates a 60% 4 grade system x negative self image. 5 grade system 20% Now that we have had the referendum and the 6 grade system 10% tabulations are being made we will present the Class breakdown is: Ist yr 2nd yr. 3rd yr. findings to the Academic Policy and Program 60% 64% 53% 4 grade system Committee. I feel confident the Committee will give 17% 20% 26% 5 grade system the results the due consideration they deserve; what 13% 6 grade system ' 13% 4% we want is clear. Since the faculty will make the These following figures are consistent with the final decision we will provide each of the faculty answer to the question of whether any change was members with copies of the results and if it is appropriate we will ask to present our findings to a preferred: faculty meeting. no change preferred 54% In ending, I would like to thank Ted Donovan, some change preferred 39% Sherm Kerner, Michelle Silver and Leslie Wolffe for Of the 13 possible grade choices there were clear the enormous amount of time they each spent working on the referendum. majorities for most preferred and most disliked: President's Corner < ■ be constitutional. (Comiskey v. examination of the panelists, Arlen, 55 A D 2d 304 [2d Dept.], while others permitted a more 390 N V S 2d 122;affd. on other liberal examination. Mr. Justice Hopkins, writing grds., 43 N V 2d 696; Kimball v. Scors, 59 A D 2d 984 [3d Dept.]; for the majority (3-2) in Curtis, Dundon v. Presbyterian Hospital, held it was error for the trial court 58 A D 2d 746 [Ist Dept.], affd. to limit the questioning of the 44 N V 2d 674.) physician panelist to a recital of. In Comiskey v. Arlen, the-' his qualifications and a bare Appellate Division, Second statement of the panel's Department unanimously held the. recommendation, and not to statute constitutional on the allow questioning relating to the theory that the introduction of a basis for the recommendation. unanimous panel recommendation The majority further held that the is, in effect, an expert opinion, "extent and duration of the which is to be evaluated by the examination of the witnesses will, jury in the same manner as it of course, be subject to the would evaluate any other expert discretion of the court, which opinion. The court held section should be properly exercised." It 148-a, subdivision 8 of the would therefore seem that the Judiciary Law constitutes another statute permits a direct and cross legislative exception to the examination of the panelist, like hearsay rule. Moreover, the court any other expert witnesscalled to held the Legislature acted within testify at the trial, subject to the its power by merely amending the confidentiality limitations of rules of evidence and therefore no subdivision 4 of the statute. constitutional infirmity was Undoubtedly, there will be involved, since the jury still continued litigation concerning retained the final say in the operation of the medical determining the facts and what malpractice panel. It appears, weight ought to be given to the however, the courts will uphold the intent of the Legislature to evidence. implement the purpose of the Division, Second The Appellate Department, has recently decided panel: two important cases dealing with 'The Legislature enacted section the operation of the statute. The cases are Kletnieks v. Brookhaven 148-a of the Judiciary Law in Memorial Hospital, 53 A D 2d response to a growing 169 and Curtis v. Brookdale dissatisfaction with the traditional methods of determining medical Hospital, 62 A D 2d 749. malpractice claims by jury trials. Kletnieks, the defendant In That dissatisfaction stemmed moved to vacate the panel's the mounting number of unanimous recommendation of from such claims, the complexity of the liability, on the ground that the potential size of the panel's finding of departure, issues and the verdicts, all of which contributed without a concomitant finding of to the reluctance of insurance "proximate cause", was insufficient to support a carriers to risk coverage for physicians. The statute was recommendation of liability as intended to introduce into the that term is used within the process of litigation a state of meaning of section 148-a (8) of pretrial consideration in which the )udiciary Law. The Appellate representatives of the court, the Division determined that a legal profession and the medical recommendation of liability profession would participate in within the meaning of the statute evaluating the claim. 'Apparently, requires both a finding of (1) a the theory underlying the use of deviation and departure from the the panels is that the parties will accepted medical practice in the be better equipped to negotiate a community and (2) that said settlement, and under greater deviation and departure was the pressure to settle, ifthey are given proximate cause of the injury or a preliminary view of the merits injuries alleged to have been of the case, the end result thus sustained. In this regard, the be the same as that yielded Appellate Division in the First should panel with more extensive a by Department concurs. (See, powers'" (Comment, An Analysis Marrico v. Misericordia Hospital, of State Legislative Responses to 59 A D 2d 680.) the Medical Malpractice Crisis, case, Curtis the court In the 1975 Duke LJ 1417,1456). addressed the ambiguity of the The disposition of a concerning the of scope statute malpractice claim is made easier if examination and testimony of the recommendations of the panel the attorney and panelists medical are admissible at the trial and if who may be called as witnesses. the physician member is available 148-a (8) section The statute, as a witness at 'the trial provides in part: (Medical-Legal Screening Panels as • an Alternative Approach to If the recommendation is read Medical Malpractice Claims, to the jury or to the trial court, Documentary Supplement, 13 the doctor member or the Wm & Mary.L Rev 695, 722). attorney member of the panel, or Undoubtedly, these advantages both of them, may be called as a were considered by the with by any party witness Legislature in drafting section reference to the recommendation which incorporates both of of the panel only. (Emphasis 148-a, these features. (62 A D 2d at 754, supplied.) 755.) Prior to Curtis, there was a dispute at the trial level as to the meaning of "With reference toHfie recommendation of the panel only". As a result, some justices permitted only a restricted Judge Buyers is the Presiding Justice of the Medical Malpractice part, Supreme Court, Queens County. November 9 Opinion 3 �Marathoning Sure Beats Chasing Ambulances by Jerome Paun personal thing." He does it for himself and not to impress anyone, he said. For Jerry Seipp, a clinic supervising attorney and the law school's undisputed star marathoner, trie sheer act of running is pleasurable. He had run competitively through high school and college, but only decided to start training for marathons last November. Jerry ran hisfirst marathon last June in Toledo, Ohio, completing the course in the incredible time of 2:54. The Skylon was Jerry's second marathon and he placed 65th with the remarkable time of 2:44. Having qualified to run in the Boston Marathon by running sub-three hour marathons, Jerry plans to run in that most famous marathon this spring. The last member of the law school faculty who ran in the Skylon was Professor Robert Reis, who finished the event in 3:08, a respectable time for someone who still manages to occasionally teach 26.2 mile distance to Niagara Falls a law course in between training for the first time ever, in 4:06. A sessions. I was unable to interview little disappointed he did not Professor Reis since he was never break the four hour mark as he in his office when I showed up. had hoped, he plans to have No doubt he was out running another shot at achieving his goal someplace. next year. Of the law student body, I The dean attributes not doing know of only three who ran the as well as he had hoped to Skylon; Fran Turner (who I was somewhat insufficient distance unable to interview but whom I training, which resulted in him wish to acknowledge), Lynn "hitting the wall" at about 21 Edleman and myself. Lynn is one of the growing miles. Next year he says he will get in 60 to 70 miles per week for number of female marathoners at least a month before the race and probably one of the most instead of the 40 to 50 weekly devoted long distance runners I totals he trained at this year. know. For Lynn, who enjoys running for health-and pleasure, Headrick said he really enjoyed the marathon presented a real the race and the beautiful weather challenge. Although she had been on the day of the run, although plagued by injuries throughout a the 65 degree temperature was a large part of the training season, bit too warm for-him, as it was for Lynn completed her first most. The major pleasure of marathon under"4:3o. in marathoning for the dean is the While more women around the personal satisfaction of simply world are proving their ability to accomplishing the feat. He's successfully run in competitive unconcerned with winning or marathons, they are still barred by losing; just to finish is to win. Olympic rules from running the Olympic marathon event. This a new Marathoning has added dimension to Headrick's life, he discriminatory practice flies in the said with some dismay. He finds face of scientific evidence which when he goes to parties now he is tends to indicate that for a celebrity for his marathoning, physiological reasons, women are "almost like being an astronaut or better suited to running extremely something." The dean is troubled long distances than are men. Finally there is me. I started by his celebrity status because for him, marathoning is a "very training to run the marathon last spring, largely because I had become bored with law school and felt I needed a challenge in my life. A number of my friends in New York City were busy training and they convinced me that attempting a marathon would prove a suitable challenge. Indeed it did, almost too much of a challenge. Proper marathon preparation takes a great deal of time out of the day, when you could be studying but for the training. The month before the marathon I was training between 50 and 60 miles per week. Consequently, my schoolwork suffered somewhat. While I confess that the mandatory intensive training for the two months prior to the race became a chore and less than fun, I still am looking forward to my second marathon next year. My advice to any law students who are considering marathoning before graduation is to be ~scott e forewarned you must sacrifice plains of Marathon to the city of Athens. The reason Pheidippides Much like Saturday Night ran this distance so long ago was. Fever, marathon running is simple; it was his job as messenger sweeping the country. Across the in the Greek army. He ran to nation people of all ages are out bring the Athenians the good training for and running the 26.2 news that the Greeks had just mile event. In 1977, the world's defeated the invading Persian most popular marathon, the New army on the plains of Marathon. York City run through the five boroughs, attracted a/ Needless to say, in this age of record-breaking 5,000 runners. modern technology, no one runs a Incredibly, that number more marathon to communicate a than doubled for the start of this message, at least not the kind of year's race. On October 22, over message Pheidippides bore. The 11,000 runners assembled on both reasons we run marathons today levels of the Verrazano Narrows vary. For some like Bill Rogers Bridge in Staten Island for the and Carl Hatfield, winners of the start of the annual race. Just as New York City and the Skylon amazing, an estimated 2 million International marathons, finishing spectators, the largest crowd ever in 2:12.12 and 2:18:09 drawn to a single sports event, respectively, the reason is to win lined the streets of New York to the race. Since most of us do not have the great fleet-footed gift of cheer the runners. This marathon fever is not speed these men do, we obviously peculiar to New York City. On do not run to beat everyone else the day before the'New York City in the race. marathon, some 3,400 plus Dean Thomas Headrick ran the including two competitors in wheelchairs, gathered at Delaware Park in Buffalo to begin the Fifth Annual Skylon International Marathon. The New York City race may have the honor of being the world's most popular marathon, but the Skylon has the distinction of being the world's only runners, international marathon. After the starter's gun was fired by Roger Banister, the first person to break the fbyrminute mile, more than 3,400 men, women and children ran and rolled through downtown Buffalo, across the Peace Bridge into Canada and up the beautiful Niagara River Gorge to the finish line in Niagara Falls, Canada, One might reasonably ask, what is leading a rapidly growing number of otherwise normal people to run the grueling 26.2 mile distance? Why do they spend hours running long distances day after day, week after week, to condition their bodies to bear the punishment of running the distance on marathon day? The answers are many, often quite complex, and vary from person to person. The 26.2 mile run is named after the town of Marathon, Greece. We run this distance today to commemorate the 490 B.C. run of Pheidippides from the Jerry Paun finishing the marathon 4 Opinion November 9 . '"" ■ scott leslle Other runners approaching thefinish line substantial amounts of time for mark, in the span of less than a quarter of a mile, I went from a training. For me, running is a way to steady run to a shuffle. The stay fit, trim and healthy. It's a feeling was as if someone much good way to relieve stress, bigger and stronger than me were something important for law slowly but surely closing a door in students as well as lawyers. my face and try as I may, I Finally, but equally important, couldn't stop him. long distance running is something To run beyond the wall you can get better at as you get requires sufficient body conditioning from long distance -older. Of course, these benefits can training and mental determination be achieved without training for to know you can continue. and running in marathons, so I Fortunately, I managed to guess the thing that compels me continue beyond the wall to the to run marathons is the challenge finish line. and the personal satisfaction of Anyone who has ever run a completing the event. There is an marathon can tell you about the incredible high associated with tremendous; energy and running any long distance race, excitement in the air surrounding but especially a marathon. Even the race. There is a genuine though your muscles will ache, vibrance, a feeling of life at its you just feel so damn good. fullest. I can't accurately describe No article on marathoning the atmosphere in words, so if would be complete without a few you want to find out what it's all words concerning the mysterious about, why not try running a phenomenon of "hitting the marathon? It takes, lots of hard wall." I mentioned Headrick hit training but I'm sure you won't the wall at 21 miles. The wall is a regret it. You'll feel greatafter it's physiological and psychological over and perhaps the best part is barrier that marathoners often hit marathoning is something you can somewhere between 18 and 22 get better at as you get older. To miles. There 1comes a point when quote a popular phrase "Try it, the body has metabolized ' all you'll like it." readily available sources of If after reading this article you energy. To satisfy the further fuel still fail to understand why requirements necessary to anyone would punish themselves cintinue running beyond this by running a marathon, think of it point, the body is forced to begin as being akin to attending law breaking down muscle protein to school and ask youself why you burn as fuel for energy. This do that. Indeed, some of my process is painful and takes its non-law-school friends more toll. readily understand why I run. Like the dean, I too hit the By the way, for .those who are wall, but at around 23 miles. Prior wondering, I 3:43, to hitting the wall, I was running a placing just over 1200. But as far very consistent 8 minute per mile as I'm concerned I won: I beat the pace. Right around the 23 mile marathon. BLP Accepting Applicants Project solicitation has commenced for the Spring, 1979 semester. The BLP will be accepting an additional 20-25 members for the spring term. Membership will be open to second-year students (including those who have not previously submitted a membership application). If you have previously submitted a membership application and are still interested in BLP membership, please leave your name on a list to be posted on the BLP office door, room 724. If you have not previously submitted a membership application, please submit a narrative resume and writing sample to the BLP office by THANKSGIVING break. Returning members should remember that the organization will be holding its annual director election and semi-annual editor elections during the last week in November or the first week in December. Qualifications: you must have successfully completed at -- least one semester's work as a project member., ..: ■ The First Annual BLP banquet will be held on Sunday, November 19th at Salvatore's Italian Gardens. Tickets are $8.50 per person and are available, from Joanna Gozzi in the BLP office. You are welcome to bring a friend ... or a spouse ... or both. �Attack on Chief Justice Bird Reflects Sexist Bias by Mike Buskus somewhat controversial rape case in which she concurred with the majority of the California Supreme, Court. In People v. Caudillo, 146 Cal. Rptr. 859 (1978), the California Supreme Court affirmed the convictions of the defendant on charges of sodomy, forcible rape, oral copulation, robbery and burglary, while reversing counts of kidnapping and burglary with infliction of "great bodily injury." The tragic and horrifying facts demonstrate why observers have been outraged at the Court's treatment of this case. The victim was confronted at knifepoint in an elevator and forced into her apartment. The assailant blindfolded, raped and sodomized her. He also forced her to engage in fellatio. The ordeal clearly On Election Day, California will decide whether Rose Elizabeth Bird will continue as Chief Justice of the California Supreme Court. California Law requires that Supreme Court Justices be approved by the electorate at the first gubernatorial election following appointment. Chief Justice Bird, a former Professor of Law at Stanford, was appointed to the bench in 1977 by Governor Jerry voters . Brown., % Public concern over Chief Justice Bird's qualifications and record on the Court has been heightened by intense emotional reaction to a well-publicized and terrorized and devastated the victim who vomited and suffered diarrhea during the attack. After this violent episode, lasting several hours, the assailant robbed the victim of $60 and threatened to return and kill her if she reported the incident to the police. Subsequent to the attack, the victim received medical treatment for shock and for several knife lacerations on her neck. She reported the incident to the police who apprehended a suspect matching the description of her attacker. She testified at trial and identified Daniel Caudillo, the defendant, as herassailant. He was convicted and given sentences to run concurrently on all charges. On appeal, the California Supreme Court, in an opinion by Justice Jefferson, affirmed in part Pres. Ziegler Views Lawyers As Indispensable In NHL byJ.R. Drexelius Observing it was good to be back with lawyers, John Ziegler, President of the National Hockey League (NHL), and former counsel of the Detroit Red Wings, addressed the Third Annual Alumni Convocation luncheon, Saturday, November 4. Sports and the Law was the topic for this year's convocation which in addition to the address by Ziegler, included the presentation of the Edwin F.Jaeckle Distinguished Alumnus Award and a morning panel discussion on Sports Law. Ziegler's talk traced the role lawyers played in the expansion of the NHL. Noting in 1966 the NHL was a six team league with little need for lawyers, Ziegler, spoke of how indispensable lawyers have become in the expanded NHL. "Hockey has changed from a rich man's hobby to a serious business. Hpckey is the business of entertainment, entertainment through competitive sport," the NHL president said. With this change came the need for good legal counsel, Ziegler said. "We needyour discipline. We involve ourselves in "contracts, litigation, immigration, and commercial instruments," he noted. Ziegler explained* the role • lawyers played in finding new ways to refinance and reorganize ailing franchises which he called "commercial creative work." Ziegler also discussed the important role lawyers play W collective bargaining. "Collective bargaining has become the key way to make decisions in the sport," he said. The system of negotiating, owner to player, one on one was abused,/Ziegler said. This brought about the d c v eIop m ent of player associations. Player associations, developed by lawyers; have made a tremendous contribution to the game and to the player. Ziegler noted while counsel for the Red Wings he found a player was best represented by a good UWyer. A good lawyer would treat the player like he would treat any good client. He would _ but reversed the kidnapping and {burglary with infliction of "great 'bodily injury" charges. The Court concluded the defendant had not transported the victim sufficient distance to sustain a kidnapping charge. However, in reversing the conviction under Cal. Penal Code §461, for inflicting "great bodily injury" during the commission of a burglary, the majority opinion stated, "[t] here can be" no quarrel with the fact that defendant engaged in a sexual attack upon the victim of such an outrageous, shocking and despicable nature that the victim suffered extreme humiliation and distress due to the flagrant violation of her person and her privacy." Nevertheless, the majority determined that §461 encompassed only additional physical bodily injury beyond that sustained during a rape. While admitting that victims of sexual assaults undoubtedly suffer considerable psychological and emotional distress, Justice Jefferson reasoned that Penal Code §461 applied only if the victim also incurred substantial physical harm. The majority concluded that while the assault on the victim was totally repugnant, the Legislature intended that the rape, sodomy and oral copulation provisions of the Penal Code define the limits of punishment for such conduct. Finally, in what is surely the most controversial and questionable language in this ■ opinion, Justice Jefferson added, "the bodily injuries sustained by the victim in the instant case during the course of the combined sexual outrages perpetrated by defendant can at most be considered to be insubstantial in certainly not of the nature magnitude to be termed significant or substantial. They were injuries that can logically only be described as constituting transistory and short-lived bodily distress." Chief Justice Bird wrote a separate concurring opinion in which she expressed her sympathy for the victim of the defendant's "outrageous, shocking and despicable" conduct. She added, however, that "personal repugnance toward these crimes cannot be a legitimate basis for rewriting the statute as it was adopted by the Legislature. It is precisely because emotions are so easily called into play in such situations that extra precaution must be taken so that this court follows the Legislative intent and not our own predilections or - -mike Shapiro President of the NHL John Ziegler addressing Alumni Convocation. tend to all his clients needs, he the NHL president concluded. ■ said.' This includes not Just The' Edwin F. Jaeckle contract negotiation, but also any Distinguished Alumnus Award other legal and personal problems was presented by Jaeckle to Frank with which the player was faced. G. Jr., a graduate of the Finallyv Ziegler noted the classRaichle, 1919, of and past regent of monumental importance of the CanisiusCollege. McCourt case. Dale McCourt, the The convocation also honored star of the Detroit Red Wings is challenging an arbitrator's the class of 1928 which is decision which would send celebrating its fiftieth anniversary. McCourt to theLos Angeles Kings The morning panel looked at as compensation for. the Red some of the problems of sports Wings signing of free agent Rogie law. Robert O. Swados, vice Vachion, former star goalie for president and general counsel of the Kings.. the Buffalo Sabres, and Secretary The trial court has reversed the of the NHL moderated the panel, arbitrator's decision and the case which included former Buffalo lawyer is presently on appeal to the Sixth Bill Ed Rutkowski, Buffalo circuit. The compensation and player agent, William Lerner, procedure was in accordance with Ralph Halpern, attorney for the the collective bargaining Buffalo Bills and Pat Gillick, agreement between the owner's general manager of the Toronto "and the player's association, Blue Jays. The panel discussed the Ziegler said. "There is great uncertainty problems encountered in Contract over what we can do by way of negotiations, the role of the collective bargaining until the lawyer in properly representing a McCourt case is decided, Ziegler player, and the various ways the claimed. "The McCourt case will different leagues attempt to decide how far the collective maintain a competitive level of bargaining agreements can go," play. beliefs." > Two justices dissented, arguing that the victim's injuries could hardly be characterized as "trivial or insignificant." • Following the June 1978 decision in Caudillo, opponents of Chief Justice Bird launched a concerted attack on her character and judicial qualifications. Her critics pointed to her lack of judicial experience prior to being appointed to the California Supreme Court. A right-wing group known as the "Law and Order Campaign Committee" filmed TV commercials criticizing Chief Justice Bird for her decision in the Caudillo case. The TV campaign urged the electorate to remove her from office on Election Day. The tenor of the attack on Chief Justice Bird's judicial qualifications reflects a sexist bias against women judges. Noteworthy is the fact that instead of criticizing the majority of the California Supreme Court or Justice Jefferson who wrote the opinion in Caudillo, her critics have argued that she was unqualified to be a judge on a high appellate court. Furthermore, the criticisms of the Caudillo, case unfairly singfe out Chief Justice Bird, the anti-Bird groups forget the fact that she and four other members of the Court upheld the convictions of the defendant for rape, sodomy, oral copulation, robbery and burglary. In addition, there is some validity to the majority's assertion that setting the standards for degree of punishment is ultimately a legislative determination. The legislative history of the statute in question clearly indicates the drafters of the law only intended it to provide punishment for additional physical injuries. Certainly, the result in Caudillo is a sad one as the victim's outrage and injuries (emotional, psychological and physical) will probably never be vindicated. At best, the Court in Caudillo was unbelievably insensitive to the victim's very real injuries. Judge Jefferson had absolutely no justification for his statement that the victim's injuries "can at most be considered insubstantial in nature." At worst, the decision in Caudillo reinforces the fears of victims of sexual attacks who refuse to report the incidents to the police or refuse to testify in court; they quite understandably believe the courts will not provide substantial justice in this area. Yet, if the result in Caudillo is troubling and disturbing, so too is the right-wing campaign against Chief Justice Bird: Hercritics have unduly politicized the judiciary and have unfairly singled out Chief Justice Bird as the target of theircriticisms. The ultimate answer to these troubling issues rests with the California voters. One can only hope, however, that personal repugnance towards the result in Caudillo will not result in an unjustifiable removal of Chief Justice Bird. LATKO PRINTING AND COPY CENTERS JOB HUNTERS! A professional looking resume is a must! We will typeset & print your resume in a style thatsuits your needs. We can do it better, faster & for less. 3171 Main St. (South Campus) 835-0101 1676 Niagara Falls Blvd. (North Campus) November 9 834-7046 Opinion 5 �, Culinary Counsel Simmering Savory Soups Soften Season's Severity 1 cup celery, chopped fine 1 Ib. bag dried lentils/ split peas (about 2 cups) 8 slices bacon or two ham hocks (optional) If it doesn't fall apart, cook them all. If it does, add more flour. (Note: the matzoh balls are cooked separately, then added to the soup.) Vi hour longer. Meanwhile, peel the onions and slice thinly. Saute the onion in Vt cup hot oil in a medium skillet, stirring about 5 minutes, then remove from heat. salt and pepper to taste Slice the celery on the diagonal in ]A inch slices. Wash the zucchini and slice In a pot, no smaller than 6 quarts, fry the bacon or the ham into !4 inch rounds. Peel the hocks. Remove from the pot. tomato, slice into Y> inch slices, Saute the chopped vegetables in then cut into Vi inch cubes. Press the bacon fat for 5 minutes. (If 1 clove of garlic. Add the you are not using meat, start with vegetables to the onion with V 4 two tablespoons of oil in the pot teaspoon salt and the pepper. and saute the vegetables as Cook slowly, covered and before.) stirring occasionally. Add to the Wash the lentils or split peas. bean mixture with % cup parsely Pick them through to remove any and the spaghetti. Cook slowly, hard ones that look like pebbles. covered and stirring occasionally, Add the lentils or split peas to the about 30 minutes. pot with 4 quarts of water and bring to a boil. (Ham hocks Grandma Frieda's Chicken Soup should be returned to the pot at with Matzoh Balls / from this time also.) Frieda Ehrenstein via Cheryl When it comes to a rolling boil, Block turn down the heat and simmer Beef bones* about two hours, adding water if Beef soup meat* needed, until the lentils or split 2-3 stalks celery, or soup peas are soft. (The bacon should greens (celery is cheaper) be crumbled and returned to the carrots (a few) soup after simmering. The ham 1 onion hocks should be taken out, the 4 quarters of a chicken meat cut off the bone and salt to taste returned to the soup.) The soup is 2 quarts water (approximately) ready to serve. �German Jews also use beef I usually freeze half the soup meat and bones to make chicken and keep the rest for use during soup. Grandma says it's yummy the week. It's a good idea to add that way! elbows or another small macaroni Place the beef bones, soup before serving. Cook the macaroni meat, celery, carrots, onion, salt separately while heating thesoup. and water in a large pot and bring Add the pasta to the soup when to a boil. Turn down and simmer ready to serve. at a low heat for '/> to % hour. Use only as much pasta and Add the chicken. Cook for 1 hour soup as you will need for each or until the chicken is soft. meal as the pasta absorbs the Allow to cool, then take out all liquid from the soup and the ingredients except the soup everything gets mushy. meat. Refrigerate the soup overnight. The next day, skim off Minestrone/ from the fat (which you save for the Marianne Suozzi matzoh). 1 cup dried white navy beans 2 101/ i oz. cans condensed Matzoh Balls chicken broth matzoh flour salt eggs 1 small head cabbage (V/> Ib.) salt and pepper 4 carrots (Vi Ib.) chicken fat 2 medium potatoes (Vi Ib.) For each whole egg used, add 2 1 Ib. can Italian-style tomatoes soup spoons of flour and 3 2 medium onions (Vi Ib.) tablespoons of chicken fat. Mix 'A cup olive oil until "liquid thick" (add water 1 stalk celery if necessary). Refrigerate for 2 2 zucchini (Vi Ib.) hours. Form matzoh balls with 1 large fresh tomato wet hands. Boil one as a "tester." 1 clove garlic 14 teaspoon pepper 'A cup chopped parsely 1 cup broken-up thin spaghetti Editor's note: In December's issue, Culinary Counsel will be devoted to Holiday recipes. Please share your favorites in a spirit of Holiday cheer. Recipes should be dropped in the envelope outside the Opinion office, room 263. Nothing warms both body and soul like a bowl of hot soup. It's a sure-fire way to ward off the chilling effects of long, cold Buffalo winters, even making them bearable. Don't get me wrong. I happen to like all the seasons, and Buffalo weather gives one the chance to enjoy winter a little longer than in other places. (Besides, I love soup!) Following are enough recipes to keep anyone sufficiently warm all winter. The first ones I have enjoyed all my life. The others I'm anxious to try. — Zuppa di Fagioli c Cavolo Beans and Cabbage Soup/ from Grandma Rosa Suozzi Small head of cabbage Vi cup celery, chopped Vi cup onion, chopped 1 garlic clove 1 cup tomato sauce 1S oz. can white beans Cut the cabbage into quarters and remove the hard stem. Wash and drain, then steam in a covered pot with a little salted water until tender. In another pot, cook the celery, onion and garlic in a little water until tender. Add the tomato sauce and simmer a few minutes. Add the can of beans with the liquid, and the cabbage. Heat and serve. Broccoli with Rice Soup/ The day before, put the beans from Marianne Suozzi i bowl, cover with cold water, in 1 bunch fresh broccoli, cover and refrigerate overnight. chopped (or two packages Drain them the next day. (A frozen chopped broccoli) quicker way to cook the beans is 4 cups chicken broth to cover them with water and boil 1 cup quick rice (or regular rice 2-3 minutes, then let stand an cooked separately) hour.) Take the chicken broth and Cook the broccoli in a little add enough water to make one salted water until tender. (If you quart. Pour into an 8-quart kettle use a covered pot and a low flame with 2 more quarts of water, two you can cook frozen vegetables teaspoons saltand the beans. without' adding water. Fresh Bring to a boil, reduce the heat vegetables should be steamed.) and simmer, covered for 1 hour. Add the chicken broth and wash the cabbage and heat to a boil. Add the quick rice Meanwhile, quarter. Remove the core with a simmer and until the rice is done sharp knife*and slice each quarter (or cook the regular rice separately and add). Serve with a thinly. Pare the carrots, then slice on the diagonal in V* inch slices. sprinkle ofparmesan cheese. Pare the potatoes, slice into Vi inch slices and cut into '/> inch cubes. Lentil/Split Pea Soup Add to the soup with the 1 cup carrots, chopped fine canned tomatoes. Cover and cook 1 cup onion, chopped fine 6 Opinion November 9 . French Onion Soup/from Risa Boyers Nadel 5 tablespoons butter 5 cups onions, sliced Vi cup soy sauce 7V4 cups water 2 garlic cloves, pressed V* teaspoon pepper Gruyere or Swiss cheese, grated stale French bread (or whatever is handy) In a pot, saute the onions in the butter until transparent and slightly brown. Add the rest of the ingredients. Bring to a boil, Potato-Cauliflower Soup/ then turn down and simmer until from Heidi Denton Lacher the onions are tender. Fill individual bowls with soup. (Serves 4-6) 1 cooked, steamed cauliflower Add a few small pieces of bread 3 cubed boiled potatoes ■ and top generously with grated 1 cup instant dry milk cheese. Bake at 450 degrees until 4 cups | stock from cooking cheese is melted. cauliflower and potatoes 2 tablespoons butter Greek Lemon Soup/from '/> teaspoon salt Lucy Kohane Ib. sauted mushrooms Vi V>. Ib. ground lamb cup grated onion H Y>. cup cooked rice Heat the stock. Then stir in the V* cup chopped onion dry milk, butter and salt. Blend 'A cup chopped parsely with 40 oz. chicken broth (5 cups) the cauliflower and potatoes until smooth. (Blend the stock Vi cup lemon juice (1 fresh cauliflower and potatoes in a lemon) blender before' adding to the 1 cup broken up vermicelli stock.) 2 eggs Simmer and add the grated salt and pepper to taste onions and mushrooms. Let Place the broth in a large pot simmer forl hour. and bring to a boil. While the broth is heating' mix the lamb, rice, onion and parsely together Mushroom Barley Soup/ from and form into % inch balls. When Karen Spencer the broth is boiling, drop in the meatballs, then simmer 1for 20-25 \ Vi cup barley minutes. Then drop in the 5 cups stock or water vermicelli and simmer another 20 3-4 tablespoons dry sherry minutes until the pasta is done. 3-4 tablespoons tamari sauce In a large serving bowl or soup 1 cup chopped onion tureen, beat the eggs and lemon 1 Ib. mushrooms, sliced juice together. When the soup is 3 tablespoons butter ready, slowly pour the spup into freshly ground pepper the eggs (not the eggs- into the Cook the barley in IVi cups of soup), stirring constantly. Serve stock, about 20 minutes. Add the bread, immediately with garlic rest of the stock, sherry and (serves four) tamari sauce. Saute the onions in the butter until clear, then add Cream of Broccoli Soup/ the mushrooms. Add to the barley --* from Jerry Seipp mixture and cook 20 minutes Serves Six more. Good with parmesan 3 chicken bouillon cubes cheese! ■ ■ by Paul Suozzi 6 cups water 1 head broccoli, broken up Vicup grated onion 1 cup instant dry milk dash cayenne pepper 1 teaspoon salt 2 tablespoons butter dashes nutmeg Bring ttye water to a boil and dissolve the chicken cubes. Add broccoli and cook until soft (about 45 minutes). Add onion, milk, cayenne pepper, salt and butter. Simmer on low heat about V 4 hour. Put mixture into a blender and-mix until uniform in texture. Return to saucepan. Serve hot, adding a dash of nutmeg to each bowlful. - * — - > '• -pou I suozzi �Short Relief Keep Those Cards and Letters by Maria Colavito Having spent several years working in offices in my prior life (before entering law school), I am than familiar with bosses' its of blaming their secretaries for all the mistakes they've made in weekly reports, annual budgets and the,like. So, last week when several of my friends were kind enough to point out to me that I had botched up the date of the Yankees/Pirates Series (it should have been 1960), I was very tempted to say, "My secretary must have made a mistake typing up the copy." But I don't have a secretary anymore and besides I made the mistake. Sorry. I could have sworn I started hating Bill Mazerowski in the sixth grade, but I guess it was the fifth. Apologies over, I am now forced to admit I can no longer write about baseball without taxing everybody's patience. I am well aware that most people need the long winter to recuperate from an eight month baseball season, although I for one could spend the winters watching them play in Puerto Rico or Mexico if I had the chance. I know of a few fellow enthusiasts who share my feeling that baseball is the only true sport, but we are more than out numbered by those who feel that winter is the province of football, hockey or basketball. Unfortunately, I know nothing about football, hockey or or practically basketball nothing. I am making valiant efforts to learn about these sports, but it is not an overnight process. Fortunately, I have developed a sure-fire strategy to get me through the winter months. It is what I call the "Sports Illustrated Letters to the Editor" approach to sports writing. I am not sure how many of you are familiar with the Letters section of Sports Illustrated. Well, the readers of Sports Illustrated Xc . - are a very fitting bunch for such a such things. Now SI is in a professional and well-written position to throw this letter into publication. They are as dedicated their files on "Ed Delahanty", to perfection in sports reporting "Hitters who have hit close to as the readers of Forbes are to the 3,000", "Hitters who won the accumulation of capital assets. batting title in 1902", "Baseball Nevertheless, every month, some reader of SI (as it is affectionately referred to by those who know) invariably writes in with some obscure statistic which the writer of the article in question forgot to include or had gotten wrong. .The letter writer is always from Waukeegan or Oskosh or Newark, where they apparently have nothing better to do than amass pages and pages of these facts and figures and carefully pour over SI catching its staff flat-footed (or with foot in mouth). An example: "Sir: On reading Ron Rimrite and several readers (these readers also keep track of one another) ruminating over great hitters who were in one way or another deprived of 3,000 hits, I was struck by the fact that no one mentioned Big Ed Delahanty. (Anyone with any sensitivity would justly be shocked over such an error.) At age of 35, Delahanty had amassed 2,593 hits, along with season of .400, .399, .394 and .408, and a lifetime average of .346. After terrorizing National League pitching for more than a decade with Philadelphia, he jumped over to the infant American League in 1902 and won the batting title with a .376 average at Washington. Then, in the next season, on the night of July 2, 1903, he was put off a train at F6rt Erie, Ontario after an altercation with a conductor. He wandered along the tracks onto the international trestle crossing the Niagara River between Fort Erie and Buffalo and, presumably, fell off into the roaring river. His body was later recovered." This letter was sent from a reader in Salina, Kansas where folks are usually accurate'about Film Views Gay Mothers "In The Best Interests Of The Children," a documentary film presentation of eight Lesbian mothers, talking of their experiences as Lesbians and mothers, will be presented by the Anti-Sexism Committee of the National Lawyer's Guild this weekend. In the film, the women make statements that show them both to be the same as, and different than other mothers. Their children are shown in interaction with their mothers, and in a rap group with each other, discussing how their mothers are different, how they feel about the court's right to decide where they live, and what they think about their own sexuality. . Also presented are an attorney and a clinical social worker, both of whom have done extensive work with Lesbian mothers. They offer their professional opinions around tfce issue of a' Lesbian's right to; maintain custody of her children, two of the mothers who have been through custody fights talk of those experiences. The others talk of what being a Lesbian means to their children, how they have talked about it, how it has affected their friendships. Throughout ye see these different mothers working and playing with their children. What the film says, ultimately, is that Lesbians are mothers, are good mothers, and that while they do have problems, these problems stem from society's, and the court's attitudes towards them. The solution offered is not to take children away from Lesbians, but to begin changing these attitudes. The film challenges us to think about the prevailing myths and raises questions of particular importance to us as members of the legal community. In conjuction with the film, the Anti-Sexism Committee and the Distinguished Visitors Forum are presenting Professor John Quigley of Ohio State University Law School. Mr. Quigley has had extensive experience in the area of Gay Rights in general and Lesbian Custody in particular. The film will be shown Friday, November 10th at 7:30 in Room 335 Hay,es. A showing at the Law School is planned for Monday, November 13th. Time and place to be announced. Poetic Opinion Shows Justice Can Rhyme submitted by Candy Appleton Judge Evans of Georgia's Court of Appeals, in response to a trial judge's demand that any further reversals ofhis decisions be written in poetry, rendered, in the interest of justice, the following opinion (which does not include the footnotes with supporting citations): players who have fallen off of trestle bridges into roaring rivers" and the like. All of this saves SI lots of money in research and gives them more money to send their correspondents to exotic places like Maui to shoot bathing suit issues, or Florida to cover baseball's spring training. Now, ff I were to write what I know about football (the last thing I knew about the New York Giants was that Frank Gifford was playing for them), I am bound to get five or six of you to write me letters telling me about the glories of your particular team or the sport in general. The same could hold true about other winter sports. In this way, I'll be building up a store of information and maybe Opinion will decide it can afford to send me to Florida to cover spring training. I suppose it is worth a try. If it doesn't work, I will actually have to write a column on something about which I know nothing (a situation in which some of you will probably feel I have already found myself before). "Keep Those Cardsand Letters Pouring In." Extensive "/ will appeal, sir" Which he proceeded to do "They can't treat me worse Than I've been treated by you." He prayed one day's delay From His honor the Judge But his plea was not granted The Court would not budge. So the case has reached us And now we must decide Was the guilty verdict legal Or should we set It aside? So the jury was empaneled All twelve good and true But without his main witness What could the twelve do. Justice and fairness The jury wentout To consider his case And then they returned The defendant to face. The law of this State Does guard every right Of those charged with crime Fairness always in sight. "What verdict, Mr. Foreman? The learned judge inquired. "Guilty, your honor." On Brown's face —no smile. To continue civil cases The judge holdsall aces. But It's a different ball-game In criminal cases. "Stand up "said the judge. Then quickly announced "Seven yearsat hard labor" Thus his sentence pronounced. Was one day's delay Too much to expect? Could the State refuse it With all due respect?. "This trial was not fair," The defendant then sobbed. "With my main witness absent I 'ye simply been robbed." Did Justice applaud Or shed bitter tears When this news from Savannah First fell on her ears? Mustprevail at all times; This Is ably discussed In a case without rhyme. - We've considered this case Through the night through the day. As Judge Harrison said, "We must earn our poor pay." "It you still say I 'm wrong, " The able judge did then say "Whynot appeal to Atlanta? Let those Appeals Judges earn part of their pay." This case was once tried But should now be rehearsed And tried one more time. This case is reversed! — Consumer and Commercial Credit Installment Banking Sales Control of Corporation Report Bulletin Cumulative Changes, Internal Revenue Regulations Report Federal Tax Course Federal Tax Handbook Federal Taxes Citator Report Bulletin Federal Taxes Report Bulletin Inheritance & Transfer Taxes Private Letter Rulings & Bound Securities Regulation Report Bulletin State & Local Taxes Report Bulletin State & Local Taxes Report Bulletin: New York T.C. Memorandum Decisions Judgement reversed looseleaf services. Even the freshmen should know by now what looseleafs are and why (hey are of such importance in legal research. We thought it would be helpful to publish a comprehensive list of the looseleafs we subscribe to from the major publishers of Bureau of National Affairs (BNA), Commerce Clearing House (CCH) and Prentice-Hall. To locate these materials in the library, check the periodicals list at the circulation desk. You may find it helpful to clip this list and post it in a prominent place for future reference!! Employment practices decisions Energy Management Federal Banking Law Reports Federal Estate and Gift Tax Reporter Federal Excise Tax Reports Federal Securities Law Reports Federal Tax Articlesand Bound Food, Drug, Cosmetic Law Journal Food, Drug, Cosmetic Law Reports Inheritance Estate and Gift Tax Reports, State Consumer Installment Credit Guide — — Secured Installment Credit Guide Transactions The Insurance Law Journal Labor Arbitration Aards and Bound Labor Cases Labor Law Journal Labor Law Library, Labor Law Reports SSiJSai.STBfaBSIA. l*tmor"B<lum GX'.°byorSrttoPFSlti?.ciSWa9.Hou(>.ws Commerce Clearing House Automobile Law Reports, Insurance Cases Balance of Payments Reporter Bankruptcy Law Reporter JCanadian Sales Tax Reports Canadian Tax Reports CCH Canadian Ltd., Canadian 'master CCH Canadian' Ltd., Canadian tax reporter. 2d cd. Cleanair and water newsCollege and university reporter Common Market Reporter also Euromarket News Congressional Index also The Week In Consumer product safety guide Corporation law guide Copyright Law Reporter CCH Canadian Dominion tax cases Economic Standards — Looseleafs Available Prentice-Hall All States Tax Guide American Federal Tax Reports, 2nd Congress y "I want a new trial State has not fairly won." "New trial denied," Said fudge Dunbar Harrison. Since the crash of 1975 when the law library's budget suffered severely and many items were cancelled (including Shepard's!), the library has been subjected to criticism and at times open hostility. It has not been easy having to continuously apologize for the collection's inadequacies. However, the worst was over last spring and we are well down the road to recovery. Filling in back issues and buying new titles has been a joyous celebration. One of the areas of concentration has been to expand our collection of tax guide - — - . by Karen Spencer Code Tax Bulletinand — The D.A. was ready His case was red-hot. Defendant was present. His witness was not. Labor Law Library, Labor Law Law ummary kabor Reports, Labor Law Gu?derbook to Labor Relations Medicare-Medlcaid Guide New York Estates, Wills, Trusts New York Tax Reports jNLRB Decisions Poverty Law Reports Corporations Handbook Professional Public Bargainingrises Public Employee Bargaining, Loose-leaf Secured Transactions Guide JStandard Federal Tax Reports Memorandum Decisions' Tax Court Reports Tax Treaties Taxes; The Tax Magazine Trade Cases Trade Regulation Reports US Matter Tax Guide , US Supreme Court Bulletin US Tax Cases Unemployment Insurance Reports Urban Affairs Reports Urban Affairs Reports, Weekly Summary Utilities Law Reports workmen's Reports - Compensation Law Bureau of National Affairs Antitrust & Trade Regulation Report Arbitration Bargaining Negotiations and Sollective ontracts The Criminal Law Reporter The Developing Labor Law Energy Users Report Environment Reporter Fair Employment Practice Cases The Family Law Reporter Federal Regulation of Bank Holding Companies Government Employee Relations Report Housing and Development Reporter International Evnlronment Reporter ILabor Arbitration Reports Dispute Labor Relations Reference Manual Labor Relations Reporter Labor Relations Yearbook Media Law Reporter Occupational Safety and Health Cases Occupational Safety and Health Reporter Patent, Trademark and Journal Copyright Securities Regulation & Law Report Tax Management Tax Management, Foreign Income Primary Sources, Tax Management — The United States Law Week U S Patents Quarterly Wage and Hour Cases November 9 Opinion 7 , �Opinion Interviews An Interviewer Today's Topic: Interviewing by Ken Turek It's come to my attention most law students don't recognize the interview is the most important factor in obtaining a legal job. Forget what you've heard about •requirements and realize now the honest, authentic atmosphere of the interview is the time to make or break your legal career. Here is an on-campus interview with an on-campus interviewer from which to cull some hints to turn each interview into your last: OP: HI, I'm Ken Turek and I'd like to interview you for Opinion, the law school's newspaper. IN: (looking down) Are you on my list? OP: No, but I'll only take a few minutes. IN: Is this some kind of ruse to make a good impression? Because if it is OP: Hey look I wouldn't want a job with your firm for anything, I just want an interview. IN: What's wrong with my firm? .. . . . well IN: Well it's hard to say you said you let's take you were Polish hmm tough luck. IN: No, no, no kid don't get me . touchy. OP: Let's get back on the track. Is your firm hiring any women? IN: Sure we are. Women are making many inroads in the legal world, and men are finally realizing that they're more than a sex object. Tell me, how are the broads here? OP: Broads? IN: You know kid, the broads, the babes, chicks, dolls. How are they? . OP: Uh .How are they? IN: What are you, gay? OP: I beg your pardon. IN: Forget it... ask me a question. .. . ... kind of Urn qualifications do you have to interview people? IN: Hell I've been doing this for and besides I over twelve years organize the office parties, so I know what to look for. tell me, do you OP: Hmmm. ever accept sexual favors from interviewees trying to get ahead? IN: Absolutely not. Any interviewer knows that sexual favors come after the person gets the job. What do you think we arc, barbarians? OP: Sorry. IN: We do have standards you OP: OP: Nothing, I just don't want a job with it. IN: What's wrong with you? OP: I'm Polish. IN: Oh. OP: Now, what is it an interviewer looks for in a prospective employee? Law Review? Moot Court? IN: Nah... OP: No? IN: Nah, an interviewer doesn't want those people. Hey it's a dog-cat-dog world out there kid and those people are a threat to my job. You don't really think people are hired for competence do you? Nah, potential's the key kid, potential. OP: Really? What kind of potential? wrong, we've got our Pole already, Ted Bozinik. Nice guy. What we're looking for .is an Irish Jewish woman about 40. OP: Oh IN: Is your mother Polish? OP: Hey look my mother stays out of this. IN: OK OK, God you people are What know. OP: I guess so. Well you know this has really been a great interview, and your firm really sounds interesting. Mind if I give you a resume? only but kid IN: Sure kid if you're on Law Review ... or Moot Court or if you're a 40 year-old Irish Jewish woman. ... ... ... Members of the class of 1928 enjoy themselves at the Alumni convocation held Saturday, November 4, in Law Library. ' Top Ten Questions Answered self-explanatory, people thought that a "B" by itself may lead to confusion (bursar, busstop, Answers to the ten most bathroom, etc.). "BSMT" leaves thought-provoking questions at no doubt. by Bob Siegel ÜBlaw: 1.) Why does the basement floor always look shiny and wet? Since all of the Amherst campus is built on landfill, there exists a good possibility of water seeping into the basement during a heavy downpour. In the event of such an occurrence, the custodians hope that no one will notice. * 2.) Why is the Basement elevator button differentfrom the rest? While numbers (1-7) are with Cornell Prof. Irving Younger. Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. New York. New York 10001 Tel: (212) 594-3696 Opinion 8 November 9 mV^/iSM/MA. - emptor." system" to employ? M Vjffl MMSvHBW[mT\ L^J V; — — "A" absent too often "L" late too often "U" unbriefed too often caught sleeping too "Z" 3.) Is Prosser god? All depends on your sectional often upbringing. But maybe this (18) tier system is still too rational and uncomplicated. Probably our best 4.) Who is the "reasonable bet is too regress back to the (25) man"? tier numerical system of 75-100%. While the term is obviously subjective, the answer lies in the discretionary power of the court. 7.) If a hole develops in our But you must remember that athletic "bubble", will it pop. or judges are only lawyers. Now, in deflate? all honesty, would a "reasonable The "means" doesn't matter, man" put up with (3) years of law it's the result that is important. school. (Something akin to the Hopefully either one will force "blind leading the blind".) the school to build a decent gymnasium. 6.) What is the best "grading Prof. Younger's course on New York Practice will be offered live in New York City and on audio- or videotape in locations throughout the United States. The New York Bar Review (BAR/BRI) 401 Seventh Aye. Suite 62 would be as 5.) If t.K.A. finally passes, will 8.) Are lawyers truly despised in the N.Y.S. penal Code have to the real world? Rea"? rename "Mens Yes, there are people who This has been a major topic of concern in many Law Review think of us as uncaring parasites articles. Since there are generally who live off the. ills of society, as (4) "criminal states" under the double-talking snobs who turn heading of "mens rea", I guess it everyday problems into complex all depends on whether they legal arguments by inserting legal choose N.Y. state or not. (Feel terminology and Latin phrases where ever possible. To this free to reread this answer.) argument I simply say-, "Caveat >bu Will Learn New "fork Practice For further information, contact your local BAR/BRI representative or on his record) follows: U J M W^mtKrfrr^tt^r^^^^mM In my opinion, the (13) tier 9.) Is there any pay-off in the system would be the best since it short-run to shoot for during the would increase our competitive first year? * Since the future (career, etc.) is spirit and that's what law school is too distant and the immediate supposedly all about. The system would be as follows: (A+, A A-, day-to-day existance too 8+,8,8-,0,C,C-,D+,D,D-,F). confusing, I 'ye decided that I need As it stands now, the (4) tier to set my sights on a short-run system is too straight-forward and goal. I'm striving fo> a wooden rational, and leaves little to locker on the first floor. imagination. But obviously this (13) tier system by itself is not complicated enough. To begin 10.) Am I a fool for reading the with, entering students should be nine prior questions and did I given the option of substituting a waste my time with this article? The answer is obviously "yes". "P" for a "D" if this is their "psychological" preference. In But don't be dismayed. You've addition, I feel that professors just received a definite, concise should have the option of "not answer to a question without a grading" students for numerous question in return and this is reasons. These letters (for which something that probably won't the student would receive no happen again during your days at credit for the course but no mark UB Law! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-11-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/9/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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